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2007-01-22 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 22, 2007 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Bob Phelps Ben Robinson Tim O'Hare Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters City Attorney John Boyle City Attorney Matthew Boyle City Engineering Jerry Murawski Director of Economic Development Norma Nichols Reed Assistant to the City Manager John Roach Finance Director Charles Cox Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of January 22, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchersid gave the invocation and Councilman Moses led the pledge of allegiance. Volume 98, page 90 A.2 CONSIDER PRESENTATION AND DONATION(S) TO FARMERS BRANCH LEGAL DEFENSE FUND BY MIKE GALLAGHER, AND OTHERS, AND TAKE APPROPRIATE ACTION. Mike Gallagher, 6400 Beltline Road, Irving, Texas, with 660 KSKY AM radio talk show, spoke regarding the City's stance on illegal immigration donations and presented the Council with a donation of $10,085 to the Legal Defense Fund. Mayor Phelps presented Mr. Gallagher with a certificate of appreciation in recognition of his fundraising efforts on behalf of the City's Legal Defense Fund. David Koch, 3243 Brincrest, presented donations to the Council on behalf of the web site www.farrnersbranchlegaldefensefund.com. He presented the Council with $2,100 from the web site and a $250 check from Madge Carroll, 3333 Rolling Knoll Dr. Mr. Koch also presented Mr. Gallagher with a Farmers Branch cap and jacket. Robin Bernier, 13830 Heartside Place, made a donation to the Legal Defense Fund for $100 and presented a check from her friend Elfrida Russell of Dallas in the amount of $100 to the Legal Defense Fund. Mayor Phelps recognized Bill Glancy's donation $200 to the legal defense fund. Two of the guests in the audience presented the Mayor checks for the Legal Defense Fund. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. Mayor Phelps introduced Texas House of Representative Rafael Anchia of District 103. Mr. Anchia commented that immigrants contribute an aggregate of approximately $17 billion annually to the state economy. He suggested that the Council work with members of the community to ask the federal government for assistance in resolving this issue. He stated he recognized that illegal immigrants have placed a large financial burden on municipalities. He offered his assistance to mediate and bring the differing sides together for a win-win solution. 0 Volume 98, page 91 Mayor Phelps announced that the State of the City, which was held on Thursday, January 18th, was a great success. He thanked Representative Anchia and Representative Jim Jackson for being in attendance, along with 225 other guests. A.5 SPECIAL ANNOUNCEMENT BY MAYOR PHELPS - ANNOUNCING APPOINTMENT OF CITY MANAGER GARY D. GREER. Mayor Phelps presented the following information. Following an extensive nationwide search, the Farmers Branch City Council has voted unanimously to name Gary D. Greer as the new City Manager. Bringing more than 20 years of experience in public and private management with him, Mr. Greer began his career in University Park, Texas in 1985 and comes to us most recently from his job as City Administrator of Grand Island, Nebraska. In Grand Island, he was instrumental in the construction of a library expansion, new fire station and law enforcement center. Prior to service in Grand Island, Mr. Greer served as City Manager in Kearney, Nebraska and Manhattan, Kansas and worked in private industry as vice president of a steel company. A graduate of Park University with a degree in Political Science, Mr. Greer earned his Master of Public Administration from the University of Kansas. He is an International City/County Management Association credentialed City Manager. He was designated as "Outstanding Young Nebraskan" by the Nebraska Jaycees and has won management awards from the International City/County Management Association and the University of Kansas. Mr. Greer succeeds Linda Groomer who will retire from Farmers Branch in March after 35 years in local government service, the past 12 in Farmers Branch, serving the last three as City Manager. In order to facilitate a seamless transition, Ms. Groomer has agreed to stay with the City until Mr. Greer assumes the position on March 19. Mr. Greer and his wife of 22 years, Cosette, have twin daughters, Haley and Caley, 20, who are education majors at the University of Nebraska, Kearney, and one son, Andy, 18, a senior in high school. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Paul Heller, 13806 Wooded Creek Drive, presented a correction to the minutes of the City Council meeting of January 8, 2007, to the caption for agenda item D.1, Ordinance No. 2900. A motion by Deputy Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," accepted the Consent Agenda as presented with the amendments to the minutes, with the deletion of May 22, 2007 in the caption of the ordinance. Volume 98, page 92 B.1 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETINGS OF DECEMBER 14, 2006, DECEMBER 15, 2006, DECEMBER 19, 2006, JANUARY 4, 2007, JANUARY 12, 2007, AND JANUARY 17, 2007. B.2 APPROVED MINUTES CITY COUNCIL MEETING OF JANUARY 8, 2007. B.3 ADOPTED RESOLUTION NO. 2007-007 APPROVING THE REQUEST BY STARLITE SIGNS ON BEHALF OF PARK WEST I, INC. FOR SITE PLAN APPROVAL OF AN ATTACHED WALL SIGN, INCLUDING VARIANCES TO SIGNAGE HEIGHT AND SIZE REQUIREMENTS AT 1605 LBJ FREEWAY, WITHIN PLANNED DEVELOPMENT NO. 78. B.4 ADOPTED RESOLUTION NO. 2007-008 ACCEPTING A PETITION FROM RESIDENTS FOR AUTHORIZATION OF THE INSTALLATION OF ROAD HUMPS ALONG THE 2500-2600 BLOCKS OF HAVENHURST STREET BETWEEN DENNIS LANE AND BEE STREET. C.0 CONSIDER ADOPTING RESOLUTION NO. 2007-010 ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 AS SUBMITTED BY DELOITTE AND TOUCHE, LLP, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 2006 has been completed, and the Comprehensive Annual Financial Report and Report to Management have been submitted to City Council. Copies of both reports are available to the public at the Farmers Branch Manske Library and the Comprehensive Annual Financial Report is available on the City's web page. City staff recommends adopting Resolution No. 2007-010 adopting the Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2006. Finance Director Charles Cox stated Director Reem Samra from Deloitte & Touche was present and would be available to answer any questions of the Council. A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2007-010 adopting the Comprehensive Annual Report and Report to Management. C.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2902 APPROVING THE REQUEST FROM UNIQUE MOTOR CARS, INC. FOR A SPECIFIC USE PERMIT TO ALLOW AN AUTO MANUFACTURING, ASSEMBLY AND MAINTENANCE FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 13995 DIPLOMAT DRIVE, AT THE SOUTHWEST CORNER OF DIPLOMAT Volume 98, page 93 DRIVE AND DELEGATE DRIVE, WITHIN PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Unique Motor Cars is an existing auto manufacturing, assembly and maintenance business located at 13950 Senlac Drive. A specific use permit was approved in 2003 for this location. Unique Motor Cars now proposes to expand its operations to include a portion of an existing building located on an adjacent 5.92-acre property to the east. The applicant seeks approval of a specific use permit to occupy approximately 25,500 square feet of the existing 102,000 square foot office/warehouse building at 13995 Diplomat Drive. The intended use of the space is for auto manufacturing, assembly and maintenance. The applicant intends to build, refurbish and maintain limited edition vehicles, the same activities that take place in the existing location at 13950 Senlac Drive. Operations include taking an original classic car body and chassis and installing a new engine, power train and other items as requested by the customer. Except for transporting vehicles between the current location and the proposed location, all operations shall occur inside the building; there will be no activities outside the building, nor shall there be any outside storage. No exterior changes are proposed to the existing building or site. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan and plan of operation, with the following condition: All plant material shall be installed in accordance with the approved landscape plan prior to issuance of a certificate of occupancy. Prior to consideration of this request by the Planning and Zoning Commission, the subject property had minor deficiencies with respect to existing plant material and the current approved landscape plan. Subsequent to the Commission's meeting, the property owner installed the missing plant material; therefore, the condition is no longer necessary. Mayor Phelps opened the public hearing. Mike J. Stone, 2750 N. Stemmons, Suite 1001, Dallas, was present representing the applicant. Kerry Keating, CEO of Unique Motor Cars, Inc., 13995 Diplomat Drive, Ste 200, was present and available to answer any questions of the Council. A motion by Councilman Moses, seconded by Mayor Pro Tern Robinson, all voting "aye," closed the public hearing. Volume 98, page 94 Mayor Phelps congratulated Unique Motor Cars for expanding their business in Farmers Branch. He noted the record sale of an American car on January 20 of a 1966 Shelby Cobra for $5.5 million. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2902 approving the specific use permit including the associated site plan drawings and plan of operation. ORDINANCE NUMBER 2902 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW AN APPROXIMATE 25,500 SQUARE FOOT AUTO MANUFACTURING, ASSEMBLY AND MAINTENANCE FACILITY, WITHIN AN EXISTING APPROXIMATE 102,000 SQUARE FOOT BUILDING LOCATED ON A 5.92-ACRE TRACT AT 13995 DIPLOMAT DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD- 22) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.2 PUBLIC HEARING: DISCUSS AND CONSIDER THE ADOPTION OF ORDINANCE NO. 2903 REPEALING ORDINANCES 2892 AND 2900 AND ADOPTING REVISED APARTMENT COMPLEX LICENSING STANDARDS REGARDING CITIZENSHIP AND/OR IMMIGRATION CERTIFICATION REQUIREMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item has been placed on the agenda at the direction of City Council. At a special City Council meeting held January 17, 2007, the following action was taken by Council: It was moved by Councilman Bird, seconded by Councilman Moses, with all Council members present and voting "aye," to direct the City Attorney to prepare an ordinance repealing Ordinances 2982 and 2900 and adopting revised apartment complex licensing standards regarding citizenship and/or immigration certification requirements. The effective date of such ordinance shall be May 22, 2007. Such ordinance should be prepared in time to be included in the City Council's agenda packet for its January 22, 2007, meeting packet. The draft ordinance shall be made available for public inspection on the City's website no later than Friday, January 19, at 6:00 p.m. Volume 98, page 95 This new ordinance shall be scheduled for review, discussion, and consideration at the City Council's January 22, 2007 meeting. The agenda item for such ordinance shall include a public hearing prior to the City Council's consideration of the ordinance. The ordinance shall also call for a voluntary referendum to submit the new ordinance for the voters for the May 12, 2007, election pursuant to Section 11.06 of the City Charter. Proposed Ordinance No. 2903 was posted on the City of Farmers Branch web page for public review on January 19, 2007, and was also made available for inspection at the Farmers Branch Manske Library and the Farmers Branch Justice Center. For persons without Internet access, hard copies have also been made available at the Manske Library. A public hearing will be conducted by the City Council prior to Council's consideration of the ordinance. Mayor Phelps opened the public hearing. City Attorney Matthew Boyle summarized the changes in the proposed ordinance: • repeals Ordinance No. 2892 adopted by the City Council on November 13, 2006; • 2) Ordinance No. 2903 would repeal Ordinance No. 2900 approved by Council on January 8, 2007; and • 3) adopts revised apartment licensing standards based on HUD lease agreements, grandfathers mixed families currently renting Farmers Branch apartments, deletes documentation requirement for apartment tenants for 62 and older or 17 and younger, creates appeal process to the Building Official and calls for a voluntary election for public vote May 12, 2007 (canvas date for the election is May 21, 2007) with the effective date of Ordinance No. 2903 being May 22, 2007, after the election is canvassed. Mayor Phelps asked that the following be read into the record. The City Council appreciates that both the supporters and opponents of the City's effort to address the issues involved in Ordinance No. 2903 feel strongly about their positions. In the interest of fairness, and out of respect for all parties concerned, the City Council requests all persons to refrain from outbursts of any kind during this public hearing. Any person or persons who refuse to honor this request will be subject to removal from the chambers. Due to the number of speakers signed up to speak, the two-minute limit per speaker will be strictly enforced. In order to facilitate the hearing, I will call a two-minute limit per speaker, which will be strictly enforced. In order to facilitate the hearing, I will call two names at a time, one to speak and one to cue up next. When your name is called, please approach the podium, line up, and be prepared to start immediately when your time begins. We appreciate your compliance with these standards. The public hearing on Ordinance No. 2903 is now open. Volume 98, page 96 Tom Bohmier, 14506 Oakmont Drive, asked Council to expand the proposed ordinance to include single-family dwellings. He stated "Support Farmers Branch" has collected 210 signatures for complaints regarding the petition that was submitted to the City. Frank Mages, 13801 Wooded Creek Drive, thanked the Council for their representation in the immigration issue. He presented awards to Councilmembers Robinson and O'Hare. Jose Galvez, 2661 Danny Lane, commented he had spoken to non-Hispanic business owners who are concerned about the immigration issue in Farmers Branch. He also recommended that the Council work with the federal government to resolve these issues. Katherine Gray, 14227 Dennis Lane, stated she represented her neighbors who support the Council and the proposed ordinance and would like to see it taken to the voters. Ana Reyes, 2628 Valwood Parkway, expressed her opinion that the immigration issue has divided the residents of Farmers Branch but feels that regardless of the decision of the issue the Hispanic community will continue to grow and thrive. Liz Biss, 13545 Heartside Place, stated she believes there is no difference in the proposed ordinance regarding illegal immigration and that it will be challenged in the courts. She asked the Council not to approve the proposed ordinance. Sue Bucy, 2726 Golfing Green, asked the Council to pass the proposed ordinance regarding illegal immigration. Linda Subject, 2949 Primrose, spoke supporting the Council and recommended that the proposed ordinance be passed. Becky Fisher, 13935 Stardust, spoke supporting the proposed ordinance and asked Council to send it to the voters. John Deas, 3504 Janlyn, commended the Council for having the courage to face the difficult issues on immigration. Tony Salerno, 2519 Danny Lane, stated he believes that in May, the City will be voting on a flawed ordinance and recommended that the City and citizens work together to solve these issues on immigration. Adam Burt, 3546 Apple Valley, spoke supporting the Council and the proposed ordinance. Matt Burton, 3212 Rolling Knoll, read a portion of the City Charter and stated that he supports the council-manager form of government. Volume 98, page 97 Cathy Ivy, 3415 Rockmartin, spoke supporting the Council in their efforts regarding illegal immigration. Beverly Frey, 4000 Parkside Court Blvd., #3509, spoke supporting the proposed ordinance and asked that the apartment residency code laws be strictly enforced. She commented that ICE training was free to police officers and suggested the City send several officers to the training. Ms. Frey also donated $500 to the legal defense fund. Idalia Chapa, 13511 Heartside Place, stated she feels she is not being represented by the Council and asked them to stop using tax dollars on the immigration issues. She suggested letting the federal government handle these issues. Bill Glancy, 3808 Wooded Creek, read a statement regarding the illegal immigration issues. Guillermo Ramos, 13716 Pyramid Drive, spoke in opposition to the proposed ordinance, stating that the proposed ordinance is just as divisive and harmful as the first ordinance. Dave Cozart, 2545 Farmers Branch Lane, spoke supporting the proposed ordinance and requested that the Council pass it. Paul Heller, 13806 Wooded Creek, reviewed sections of a recent City report concerning crime and property values. He commented that the Council might have priorities other than the illegal immigration issue. Elizabeth Villafranca, 13260 Josey Lane, urged the Council not to pass the proposed ordinance regarding illegal immigration and allow the federal government to resolve the issues. Mari Hidalgo, 4863 Allencrest, Dallas, spoke in opposition to the proposed ordinance regarding illegal immigration. Bobbie Ligon, 2948 Sinbad Trail, applauded the Council in all their efforts regarding the immigration issues and supported the proposed ordinance. She asked that the number of occupants living in apartments and single-family residences be limited. Greg Roberts, P.O. Box 540035, Grand Prairie, commended the Council for what they are doing regarding the immigration issues. He stated area Councils should watch how the issues are preceding so they can start going forward and deal with the issues at a county and state level. He asked Council to make a modification to the proposed ordinance and lower the age of illegal immigrants coming into the United States. Joe Reynolds, 12117 Brisbane, thanked the Council for their courage working on the immigration issues. Volume 98, page 98 Rick Lyon, 3809 Wooded Creek, asked Council to repeal the English only Resolution No. 2006-130 which was passed on November 13, 2006 establishing English as official language. He recommended that the City form a Diversity Advisory Board that would assist the Council in building bridges between all people of the city. Mark Chenault, 6240 Ravendale, Dallas, spoke supporting the proposed ordinance regarding illegal immigration and supported it being taken to the voters. Mike Chenault, 6240 Ravendale, Dallas, asked Council to pass the proposed ordinance regarding illegal immigration. Debrah Krupa, Executive Director of the United Housing Program, stated the immigration issue is the federal government's job. She stated her agency would be asking Congress and the Senate to terminate all federal funding, CDBG funds, and HUD funds and grants to any city that takes on an ordinance regarding illegal immigration. Luis de la Garza, 3125 Brookhollow, asked the City Council to let the federal government do the job regarding illegal immigration and not divide the city. Linda Johnson, 13919 Birchlawn, spoke supporting the Council in their efforts regarding illegal immigration. Toya Thrash, 3347 Longmeade, spoke supporting the proposed ordinance and asked that when the election is held that all loopholes for voting are addressed. David Koch, 3243 Brincrest, presented the Council with a $100 anonymous donation to the legal defense fund. He spoke supporting the Council and urged the passage of the proposed ordinance regarding illegal immigration and asked that it be taken to the voters. Ronald Lo, 13131 Kerr Trail, commended the Council and spoke in support of the proposed ordinance. Rosemary Brunner, 3225 Demascus Way, thanked the Council for supporting the citizens in Farmers Branch and stated she will vote for the passage of the proposed ordinance regarding illegal immigration in May. Dan Everhart, 3448 Cloverdale from the Dallas County Green Party, spoke regarding the immigration issues and the Green Party's opposition to the proposed ordinance regarding illegal immigration. Jim Manning, 3212 Clubway, spoke in opposition of the proposed ordinance regarding illegal immigration. He would like to see the Council form a group called "Bridges of Understanding." Volume 98, page 99 Chris McQuire, 3703 Wooded Creek, read a statement from a friend and citizen who did not speak English voicing his concerns about the proposed ordinance regarding illegal immigration. Cody Rodriguez, 2320 San Gabriel, asked Council to let the federal government do its job and spoke in opposition to the proposed ordinance regarding illegal immigration. Nora Villnueva, 2807 Old North Road, stated the Council should let the federal government do its job regarding illegal immigration and spoke in opposition to the proposed ordinance. Cheryl Howerton, 3657 Morningstar Circle, applauded the Council for holding fast and spoke in support of the proposed ordinance regarding illegal immigration. Luke Villarreal, 2479 Deer Run, quoted verses from the Bible that he believes are in opposition to the proposed ordinance. Elaine Luttrell, 13439 Glenside Drive, provided voter register cards and challenged citizens to register and vote in the May 12th election. She voiced support for the proposed ordinance regarding illegal immigration. A motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," closed the public hearing. Councilman Moses stated the City is not receiving any support from the state or federal government regarding illegal immigration. He stated the Council sent out many letters to every city and school board in Texas regarding the immigration issues and have only received a few responses. Councilman Moses stated that Farmers Branch has never done anything just because others were doing it and any action the Council has ever taken has been for the betterment of the City and residents. He stated he supports the passage of the proposed ordinance. Councilman Bird stated he supports the passage of the proposed ordinance and citizens will have the final decision with their vote in May and the ordinance will not be enforced until the citizens decide. He encourages everyone to get out and vote and stated that he will be voting for the proposed ordinance. Mayor Pro Tem Robinson stated his comments in the beginning of this discussion were centered on national security and the economic impact from illegal immigration. He stated that if illegal immigration were forecast into the future the country's infrastructure would not be able to support the population. He stated that illegal immigration has depressed local wage rates of the working poor, and stated he would willingly pay for products and services in order not to subsidize illegal immigrants. Mayor Pro Tem Robinson stated the elected officials of a city have an obligation to the citizens to enact laws beneficial to the citizens. He stated the Council has crafted this proposed ordinance to recognize the impact on families and older persons who may be affected. He stated the Volume 98, page 100 . proposed ordinance is a good ordinance and would be voting for it. He encouraged citizens to vote for the ordinance on May 12, 2007. Deputy Mayor Pro Tem O'Hare agreed with Mayor Pro Tem Robinson in his remarks. He stated the issue in this ordinance is whether people are in the City lawfully and that economic benefit to a community is not a license to break the law. He stated citizens have asked the Council to adopt these measures and that the passage of the proposed ordinance is right for the city, state, and country. He encouraged all Councilmembers to adopt the proposed ordinance. Councilman Smith stated that 25 years ago he had recommended a similar ordinance but it was voted down at the time. He stated he supported the proposed ordinance for one reason - so that it can be put on the ballot. Mayor Phelps stated that the City sent out letters to every Mayor in the State of Texas, all school districts and community colleges to support Farmers Branch asking the President and the Congress to address the issue of illegal immigration. He stated the letter was also sent to President Bush, the Texas Senators and Congressional members and to date, he has only received a few responses. He urged the federal government to pass legislation that everyone could live with, and stated this is a start to resolve these issues. He stated the citizens would have the vote on the proposed ordinance on May 12, 2007. There being no further discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2903 repealing Ordinances 2892 and 2900 and adopting revised apartment complex licensing standards regarding citizenship and/or immigration certification requirements. ORDINANCE 2903 AN ORDINANCE REPEALING ORDINANCE 2892; ADOPTING REVISED APARTMENT COMPLEX RENTAL LICENSING STANDARDS, MANDATING A CITIZENSHIP CERTIFICATION REQUIREMENT PURSUANT TO 24 CFR 5 ET SEQ.; REPEALING ORDINANCE 2900; CALLING AN ELECTION FOR MAY 12, 2007, TO CONSIDER THIS ORDINANCE (FOR OR AGAINST); PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Phelps called for a five minute recess. C.3 PUBLIC COMMENTS FROM FARMERS BRANCH RESIDENTS. This item was combined with Agenda Item C.2 Public Hearing. Volume 98, page 101 D.1 CONSIDER ADOPTING ORDINANCE NO. 2901 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 1 AND PLACE 4 ON MAY 12, 2007 AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 12, 2007 an election for Place I and Place 4 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel Road; Sandy Lake Trailer Park, 1915 Sandy Lake Road; St. Andrews Episcopal Church, 2783 Valwood Parkway; Loos Field House, 3815 Spring Valley; Vivian Field Middle School, 13551 Dennis; Farmers Branch Elementary School, 13521 Tom Field; Webb Chapel United Methodist Church, 2536 Valley View; and William Cabell Elementary School, 12701 Templeton Trail. Place 1 and Place 4 will serve three-year terms. Early voting shall be conducted in the city hall on the following dates: Monday, April 30, 2007, and continue through Friday, May 4, 2007, between 8:00 a.m. and 5:00 p.m.; Saturday, May 5, 2007, between 8:00 a.m. and 5:00 p.m.; Sunday, May 6, 2007, between 1:00 p.m. and 6:00 p.m.; and Monday, May 7, 2007, and Tuesday, May 8, 2007, between 7:00 a.m. and 7:00 p.m. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2901. Councilman Smith asked for clarification on the beer/wine election. City Manager Linda Groomer stated the beer/wine election is a Dallas County Justice Precinct 3 election. She stated she would brief Council on the status of the County election process at the February 5 Study Session There being no further discussion, a motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Smith, all voting "aye," adopted the following captioned Ordinance No. 2901 issuing the Election Order calling for a City Council Election for Place 1 and Place 4 to be held on May 12, 2007. ORDINANCE NO. 2901 THE STATE OF TEXAS COUNTY OF DALLAS CITY OF FARMERS BRANCH ORDER CALLING AN ELECTION FOR COUNCIL MEMBER PLACE 1 AND COUNCIL MEMBER PLACE 4. D.2 CONSIDER ADOPTING RESOLUTION NO. 2007-012 AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF 20 REPLACEMENT VEHICLES, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 fixed asset fund includes $560,000 for the purchase of 18 replacement vehicles. This includes one truck each for the Engineering Department, the Building Inspections Division, and the Environmental Health Division; five vehicles for the Police Department; two trucks for the Fire Department; three vehicles for the Parks and Recreation Department; and five Volume 98, page 102 trucks for the Public Works Department. In addition, staff is recommending the unscheduled purchase of two replacement police patrol units. Specifications and requests for bids and price quotes for this equipment were sent to 21 vendors. Six vendors responded with sealed bids. Prestige Ford submitted the lowest bids meeting specifications for three vehicles: two hybrid SUVs for $23,000 each and one 8-passenger van for $18,844. Planet Ford and Dodge submitted the lowest bids meeting specifications for four vehicles: • two Dodge Charger sedans for $18,440 each • one 1/2 ton extended cab pickup for $22,974 • one 1-ton crew cab low side dump truck for $39,920. Sam Pack's Five Star Ford submitted the lowest bids meeting specifications for eleven vehicles: • one fully-outfitted police unit for $39,007.45 • two mid-size SW's for $19,846.45 each • two %2 ton extended cab pickups for $19,246.45 each • one %2 ton crew cab pickup for $26,080.92 • one 1/2 ton 4 wheel drive crew cab pickup for $33,142.37 • one 3/ ton crew cab pickup for 25,072.67 • two 1 ton crew cab utility bed pickups for $30,707.07 each • one low-side 5 yard dump truck for $55,490. In addition, staff is also recommending approval of the unscheduled purchase of two replacement police patrol vehicles that were involved in accidents. Appraisals by the insurance adjuster indicate that both vehicles were declared a total loss. The Texas Municipal League, or TML, the City's insurance carrier has not yet provided a settlement amount; however, staff estimates an insurance payment in the amount of $12,240 for each vehicle, for a total of $24,480. Funding for the balance of this purchase not covered by insurance is available in the Fixed Asset fund balance. For the two police patrol vehicles, price quotes were obtained from the Texas Local Government Purchasing Cooperative, or Buy Board, vendor Philpott Ford for two 2007 model, police-equipped Ford Crown Victorias. Philpott Ford has two units available for immediate delivery, for a total price of $49,207. This price includes removal and installation of existing police equipment for both vehicles. The total for all vehicle purchases is $532,218.35. There being no discussion a motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-012 approving vehicle purchases as presented. Volume 98, page 103 D.3 CONSIDER APPOINTMENTS TO THE ANIMAL SHELTER ADVISORY COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be brought back to the February 5, 2007 Council meeting. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. A motion by Councilman Smith, seconded by Councilman Moses, all voting "aye," approved travel for municipal judges to attend judicial training. D.5 PUBLIC COMMENTS FROM NON-FARMERS BRANCH RESIDENTS. There were no comments from non Farmers Branch residents. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL STUDY SESSION MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:15 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 6:00 P.M.FOR THE REGULAR CITY COUNCIL MEETING AT 6:30 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE SECTION 551.071. Anthony Anderson, et al., v. Farmers Branch Discuss potential settlement with Wellmark. Mayor Phelps stated that the City Attorney was present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items discussed in Executive Session. A motion by Councilman Smith, a second by Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2007-009 authorizing the City Manager to enter into and execute Volume 98, page 104 an agreement with the current and former owners of the pesticide formulation facility located at 12200 Denton Drive. F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman O'Hare, all voting "aye," adjourned the City Council meeting of January 22, 2007 at 9:05 p.m. 40', Bob Phelps, Mayor Cindee Peters, City Secretary 1 Volume 98, page 105