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2007-03-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, March 19, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Ben Robinson Deputy Mayor Pro Tem Tim O'Hare Councilmembers Bill Moses Jim Smith The following member of the City Council was absent: Councilmember Charlie Bird The following members of the Administration were present: City Manager Gary Greer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters City Attorney John Boyle City Engineer 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 March 19, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Volume 99, page 35 Brother Eddy Ketchersid gave the innovation and Councilman Smith gave the Pledge of Allegiance. Mayor Phelps announced the record should reflect that Councilman Bird was not in attendance due to illness. Mayor Phelps also welcomed City Manager Gary Greer on his first day on the job. Mr. Greer stated he is looking forward to working in Farmers Branch. A.2 PRESENTATION OF SERVICE AWARD - MIKE THOMSON OF THE FIRE DEPARTMENT - 5 YEARS. Mayor Phelps presented Mike Thomson with the Farmers Branch Fire Department with a five-year employee service award. A.3 CONSIDER APPOINTMENT OF DEAN NICHOLS AS A BOARD MEMBER EMERITUS OF THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND PRESENTATION OF PROCLAMATION RECOGNIZING HIS APPOINTMENT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board voted unanimously at their February 20a`, 2007 meeting to recommend to City Council that Dean Nichols be appointed as a Board Member Emeritus under the guidelines of Ordinance No. 2668. To qualify as a Board Member Emeritus, a person: must continue as a resident of Farmers Branch; shall have served at least 15 years of dedicated and distinguished service as a member of a board or boards that are approved to have members emeritus; may be recommended for appointment by a Farmers Branch Board; must be appointed as a Board Member Emeritus by the City Council. Dean Nichols was appointed to the Historical Preservation and Restoration Board in September 1988 and served with distinction until his retirement from the Board in December 2006. Dean has been an active participant on the Board and has served in various capacities including Board Chairman and Treasurer. Dean has always been an active and vital supporter of the Board and Historical Park. Dean has volunteered thousands of hours of his time as a museum docent. Dean can often be found guiding school children and museum visitors through the historic Farmers Branch Depot and caboose. He has literally touched thousands of lives as he educated people about the history of Farmers Branch. Mayor Phelps presented a proclamation recognizing Mr. Nichols for this honor being bestowed upon him. Volume 99, page 36 A motion by Councilman Smith, seconded by Mayor Pro Tern Robinson, all voting "aye," appointed Dean Nichols as Board Member Emeritus, of the Historical Preservation and Restoration Board. A.4 PRESENTATION OF PROCLAMATION IN HONOR OF THE 50TH ANNIVERSARY OF CHRIST UNITED METHODIST CHURCH. Mayor Phelps presented the following information. Christ United Methodist Church was established in Farmers Branch on January 6, 1957 when the congregation's first worship service was held at what is now Montgomery Elementary School. On this first Sunday, 44 people joined the fledgling church. Two months later, the membership had grown to 114 and the church was constituted and named Christ United Methodist Church. On January 25, 1959, a ground breaking was held for the first building at the church's current location at 2807 Valwood Parkway. Since that initial construction, four more building projects have been completed including a Family Life Center that was opened in September 1989. Membership has also continued to grow since the church's formation 50 years ago with a congregation that now numbers 1,431. Christ United Methodist Church celebrates its 50th year of ministry to Farmers Branch and its surrounding communities with a year long Jubilee Celebration led by Dr. Vic Casad, who has served as pastor for the past five years. Mayor Phelps presented a proclamation to Dr. Casad and church members Margie and Bill Binford and Gracie Smith. A.5 PRESENTATION BY DALLAS COUNTY ELECTIONS ADMINISTRATOR BRUCE SHERBET REGARDING THE MAY 12, 2007 ELECTIONS. Mayor Phelps presented the following information. Dallas County Elections Administrator Bruce Sherbet is here tonight to update the City Council on the elections being held on May 12, 2007. This year the City will hold an election for Place 1 and Place 4 on the City Council, as well as a referendum on Ordinance No. 2903 regarding requirements for renting apartments. In addition, there is a state constitutional amendment on the ballot, The City of Farmers Branch contracts with Dallas County to hold the general election for City Council positions each year. The County is responsible for ordering all election supplies, printing of the ballots and assists the City in appointing election workers. The City is responsible for obtaining preclearance from the Department of Justice and wording for the ballot, as well as the notice of election. Volume 99, page 37 Mr. Sherbet explained the process of issuing voter registration cards, the Help Americans Vote Act, or HAVA, requirements, the extra voting locations needed this year, and the possible involvement of the Department of Justice. Deputy Mayor Pro Tem O'Hare asked how election officials ensure that all voters are legally registered. Mr. Sherbet replied it is handled at the State level. Deputy Mayor Pro Tern O'Hare asked about poll watchers. Mr. Sherbet explained the three types of observers: poll watchers, state inspectors and federal inspectors. He gave a brief description of each observer's duties and responsibilities. Mayor Phelps asked if the poll watchers had to be registered with the State or County. Mr. Sherbet responded observers need to be registered voters. Councilman Smith asked when was the last day to register to vote. Mr. Sherbet replied 30 days before the May 12th election. Councilman Smith asked about mail in ballots. Mr. Sherbet replied mail in ballots can be submitted 60 days before the election and he explained the guidelines for absentee voters. Councilman Smith asked about the polling locations. Mr. Sherbet stated the seven polling locations which are normally used for the County will remain in Farmers Branch. Councilman Smith asked if polling locations would be listed in the Dallas Morning News. Mr. Sherbet replied yes they would be listed in the Dallas Morning News. Mayor Pro Tern Robinson asked about the wet/dry issue on the ballot. Mr. Sherbet stated it is unlikely to be on the May ballot. Councilman Smith asked about the early voting locations. Mr. Sherbet stated there would be 52 voting locations throughout Dallas County and any registered voter could go to these locations. Elaine Luttrell, 13439 Glenside Drive, asked where the locations in Farmers Branch would be. Mr. Sherbet stated that Dallas County would be sending out notifications to registered voters with the information about the voting locations. He read the voting locations: St. Andrew's Episcopal Church, Loos Field House, Vivian Field Middle School, Farmers Branch Elementary School, Webb Chapel United Methodist Church, Farmers Branch Manske Library and Cabell Elementary School. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. Volume 99, page 38 A.7 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO PLANNING AND ZONING COMMISSION, NORTH DALLAS COUNTY WATER SUPPLY CORPORATION, THE COMMUNITY WATCH COMMITTEE, SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND THE TAX INCREMENT FINANCING REINVESTMENT ZONE NO. ONE AND TWO AND TAKE APPROPRIATE ACTION. There were no applications presented. A motion by Councilman Moses, seconded by Councilman O'Hare, all voting "aye," appointed Johnathon Bingham to Alternate Place I and Robert Earl Baxter to Alternate Place 2 on the Planning and Zoning Commission. A motion by Mayor Phelps, seconded by Councilman Smith, all voting "aye," appointed Gary Greer to the North Dallas County Water Supply Corporation. A motion by Councilman Moses, seconded by Mayor Pro Tern Robinson, all voting "aye," reappointed Jon Paula Ackley, Tommy Counts, Sally Derrick, Monica Lowe and Matt Burton to the Community Watch Committee. The TIF Board appointment will be placed on the April 2, 2007 City Council agenda. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," added Agenda Item D.2 to the Consent Agenda. A motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF MARCH 2, 2007 AND THE CITY COUNCIL MEETING OF MARCH 5, 2007. B.2 ADOPTED RESOLUTION 2007-033 APPROVING THE REQUEST BY VH PRINTING, L.P. FOR SITE PLAN APPROVAL FOR AN ON- PREMISE SIGN INCLUDING SPECIAL EXCEPTIONS TO SETBACK AND BUILDING MATERIAL REQUIREMENTS, LOCATED AT 1930 Volume 99, page 39 VALLEY VIEW LANE WITHIN PLANNED DEVELOPMENT NO. 77 ZONING DISTRICT. B.3 ADOPTED RESOLUTION NO. 2007-037 AUTHORIZING CONTINUED PARTICIPATION IN THE ATMOS CITIES STEERING COMMITTEE AND RESOLUTION NO. 2007-038 AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY TXU ELECTRIC. B.4 ADOPTED RESOLUTION NO. 2007-039 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH VERIZON WIRELESS FOR CERTAIN PROPERTY LOCATED AT 14337 GILLIS ROAD. B.5 ADOPTED RESOLUTION NO. 2007-042 APPROVING THE APPOINTMENT OF GARY GREER TO SERVE ON THE BOARD OF DIRECTORS FOR THE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION AND RESOLUTION 2007-043 APPROVING THE APPOINTMENT OF OFFICERS FOR THE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION: BOB PHELPS, PRESIDENT; CHARLIE BIRD, VICE PRESIDENT; GARY GREER, TREASURER; AND MARY JANE STEVENSON, SECRETARY. B.6 ADOPTED RESOLUTION NO. 2007-044 TRANSFERRING ANY AND ALL MINERAL RIGHTS FROM CAMELOT LANDFILL TO THE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION. D.2 ADOPTED RESOLUTION NO. 2007-040 ACCEPTING A GRANT OF DIRECT AID FROM THE STATE OF TEXAS TO THE MANSKE LIBRARY IN THE AMOUNT OF $10,222. C.l PUBLIC HEARING: CONSIDER THE REQUEST BY FIRST BERING EQUITY PARTNERS, LTD. TO AMEND A PORTION OF THE PLANNED DEVELOPMENT NO. 21 ZONING DISTRICT AND ESTABLISH REVISED DEVELOPMENT STANDARDS INCLUDING ALLOWING THE FRONT YARD SETBACK TO BE ESTABLISHED BY SITE PLAN APPROVAL FOR APPROXIMATELY 5.39 ACRES LOCATED AT 14802 ENTERPRISE DRIVE, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject apartment complex is the existing Huntington Cove apartment complex and consists of 100 apartment units in 25 buildings. Currently there is not an existing fence between the apartment buildings and the street. Volume 99, page 40 The applicant proposes to build a 6-foot wrought iron fence with 6-foot to 8-foot columns along the perimeter of the property fronting on Enterprise Drive and Oakbrook Parkway. It does not include any gates, as the fence is decorative, not for security purposes. The proposal includes additional landscaping to enhance the appearance of the property. The Proposed Zoning amendment will establish the setback for front yard fencing by attaching to the Planned Development No. 21 zoning ordinance an amended associated site plan delineating the fence setback for the 5.39-acre apartment complex site. Current zoning for Planned Development No. 21 has an associated site plan establishing the front yard setback at 30 feet and fencing is not allowed in the required front yard. The proposed request amends the site plan associated with the zoning ordinance establishing the front yard setback at the distance of the proposed fence from the property line, 12 feet, to allow the fence between the apartment buildings and the street. The Planning and Zoning Commission unanimously recommends approval of the proposed zoning amendment, including the associated site plan drawings. Mayor Phelps opened the public hearing. There were no public comments. A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tern Robinson, seconded by Council Moses, all voting "aye," adopted the following captioned Ordinance No. 2909 approving the proposed zoning amendment including the associated site plan drawings. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AS HERETOFORE AMENDED; BY AMENDING THE PLANNED DEVELOPMENT NO. 21 (PD-21) ZONING DISTRICT SO AS TO AMEND THE ZONING STANDARDS OF THE PLANNED DEVELOPMENT NO. 21 (PD-21) ZONING DISTRICT TO ALLOW A FRONT YARD SETBACK ESTABLISHED BY AN ASSOCIATED SITE PLAN AS DEFINED HEREIN FOR APPROXIMATELY 5.39 ACRES LOCATED AT 14802 ENTERPRISE DRIVE, GENERALLY AT THE NORTHEAST CORNER OF ENTERPRISE DRIVE AND OAKBROOK PARKWAY; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO Volume 99, page 41 THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.2 PUBLIC COMMENTS. Tony Salerno, 2519 Danny Lane, commented that in his opinion the City was not paying attention to the real issues in Farmers Branch and suggested the Council redirect their attention to the real issues. Tim Scott, 3008 Eric Lane, commended the City Council in their efforts within the Farmers Branch senior development group that would be beneficial to senior citizens. John Oechsner, 3509 Brookline Lane, proposed the City erect two signs on the freeway stating "Home Yet?" and "Walk the Bois d'arc Trail" advertising Farmers Branch. Elaine Luttrell, 13439 Glenside Drive, asked the Council to work on getting the Justice of Peace Court back into Farmers Branch, commended Mayor Pro Tern Ben Robinson for assisting her in getting the Environmental Quality Control office to contact her, suggested that an animal adoption center be placed in the heart of Farmers Branch and that a study be conducted to determine if illegal immigrants have rights in the United States. She also asked if the City Council could cap the electric and gas rates. David Koch, 3243 Brincrest, stated in the past he has pointed out the positive effects the City's actions have had. He stated the certification of occupancy report reflects 13 new businesses moving into Farmers Branch since March P D.1 CONSIDER APPROVAL OF RESOLUTION NO. 2007-045 ACKNOWLEDGING AND SUPPORTING THE EFFORTS OF FARMERS BRANCH SENIOR COMMUNITY, L.P. TO SECURE FINANCING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR THE DEVELOPMENT OF AN AFFORDABLE APARTMENT COMMUNITY FOR SENIORS IN THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Farmers Branch Senior Community, L.P. is seeking financing through the Texas Department of Housing and Community Affairs, or TDHCA, for an affordable senior housing project they want to build in Farmers Branch. Because financing is being sought through the TDHCA, the developer is requesting that City Council approve a resolution that acknowledges and supports their effort to obtain financing. Such a resolution enhances their chances of securing financing through the TDHCA. volume 99, page 42 Farmers Branch Senior Community, L.P. has filed a site plan application with the City that is currently under staff review. The proposed project includes ninety (90) affordable senior apartment-housing units on approximately three (3) acres situated on the peninsula south of the LBJ Freeway, west of Luna Road. The project would be deed restricted and lease restricted to occupants aged 55 years and over, exclusively. Additionally, only individuals earning less than approximately $28,000 annually and couples earning less than $32,000 annually would qualify to reside there. Resolution No. 2007-045 has been prepared for City Council's consideration. This resolution does not obligate the City of Farmers Branch to grant any other permits or approvals that may otherwise be required prior to development of the project, nor does it create any liability on the City's part. Approval of this resolution will only assist the applicant in securing funding for senior housing financed through the TDHCA that meets certain housing affordability requirements for senior citizens. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," approved Resolution No. 2007-045 acknowledging and supporting the efforts of Farmers Branch Senior Community, L.P. to secure financing for the prospective development of an affordable apartment community for seniors in the City of Farmers Branch. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 2007-034 AUTHORIZING THE PURCHASE OF MOBILE VIDEO AND AUDIO RECORDING EQUIPMENT FOR REPLACEMENT IN MARKED POLICE VEHICLES UTILIZING A COOPERATIVE PURCHASE AGREEMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Article 2.135 of the Texas State Code of Criminal Procedures requires each law enforcement motor vehicle regularly used by an officer to make traffic and pedestrian stops be equipped with video camera and transmitter-activated equipment. The City's equipment currently used to make these recordings must be replaced due to frequent equipment failure, obsolete parts, and costly repairs. The 2006-2007 adopted budget includes $110,000 for replacement of the mobile video and audio recording equipment in marked police vehicles. Police Department staff researched multiple vendors over the past year and determined the best equipment for the replacement is offered by L3 Communications Mobile-Vision Inc. Staff learned that the vendor has the equipment in use at 19 North Texas police agencies and has a repair and maintenance location in Richardson. Additionally, the City of Hurst's contract Volume 99, page 43 with L3 Communications Mobile-Vision Inc. includes an option for a cooperative purchase agreement with other cities. At the City Council meeting on May 24, 2004 the Council passed Resolution No. 2004-064 authorizing the City to enter into interlocal agreements with other governmental entities for the cooperative purchasing of various equipment, materials and services. The City Manager executed an interlocal cooperative purchase agreement between the City of Hurst and the City of Farmers Branch on February 7a', 2007 for the purchase of mobile video and audio equipment utilizing the City of Hurst contract. Based on the City of Hurst contract, the qualified contractor, L3 Communications Mobile-Vision Inc., provided a quote for the replacement of the recording equipment in the amount of $98,100.00. The quote includes installation of 14 digital video recorders, a server storage and distribution system, three wireless access points, a backup archiving station, an uninterruptible power supply, configuration and on site training. Staff recommends adopting Resolution No. 2007-034 authorizing the purchase of the mobile video and audio recording equipment for replacement in marked police vehicles from L3 Communications Mobile-Video Inc. in the total amount of $98,100.00, utilizing a cooperative purchasing agreement between the City of Hurst and the City of Farmers Branch. There being no discussion, a motion by Councilman Moses, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted Resolution No. 2007-034 authorizing the purchase of mobile video and audio equipment. DA CONSIDER ADOPTING RESOLUTION NO. 2007-036 AWARDING BIDS AND A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION MATERIALS TESTING FOR FIRE STATION NO. 3 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 Non Bond Capital Improvement budget includes $6.2 million for the construction of Fire Station No. 3 and for its furniture, fixtures and equipment. This amount includes $4,549,506 for construction bids. On December 11, 2006 City Council authorized the City Manager to execute 23 construction trade packages in the amount of $4,375,280. Additional bid packages for other trades were to be received at a later date. With the assistance of Gallagher Construction Management Services, the City received and opened 15 bids for five trade packages on February 21, 2007. The low bidders of three of the five bid packages meet specifications and are being recommended for approval. However, the low bidder for the cabling package did Volume 99, page 44 not meet specifications and the second lowest bidder is being recommended. All audio/video bids substantially exceeded budget and are recommended for rejection. This will be re-bid at a later date with the landscaping, irrigation and furniture. Four bids are being recommended for a total amount of $108,115. In addition to awarding bids, staff recommends approval of a professional services contract with Lawrence Engineering for construction materials testing in the amount of $30,853. The four bid packages meeting specifications and the professional services contract are recommended for a total of $138,968. The Fire Chief recommends adopting Resolution No. 2007-036 awarding the bids identified in Attachment "B" and the professional services contract for construction materials testing for Fire Station No. 3 in the total amount of $138,968. There being no discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007- 036 awarding the bids identified in Attachment "B" and the professional services contract for the construction of Fire Station No. 3 in the total amount of $138,968. D.5 CONSIDER ADOPTING RESOLUTION NO. 2007-035 APPROVING AN AGREEMENT WITH GSWW, INC. FOR ENGINEERING SERVICES FOR SANITARY SEWER AND WATER LINE IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Capital Improvement Program Non-Bond Utility Fund includes funds for utility replacement and improvements. There is a total of $1,355,000 available for utility replacement and improvements in the Capital Improvement Program Non-Bond Utility Fund budget. Two water lines are to be replaced. The water lines, which are 35 to 50 years old, are deteriorated and experience occasional to frequent breaks. The water lines to be replaced are in the following locations: Webb Chapel Road from Longmeade Drive to Rawhide Parkway Tamerisk Drive from Cyprus Point (south) to Cyprus Point (north) Three sanitary sewer mains are to be replaced. The 30 to 45 years old sanitary sewer mains experience occasional backups that require frequent cleaning and maintenance. The sanitary sewer lines to be replaced are in easements at the following locations: Volume 99, page 45 between Bergen Lane and Windmill Lane from Heartside Place to Cochise Lane between Valwood Parkway and Candlewick Lane from Heartside Place to Webb Chapel Road between Candlewick Lane and Oxfordshire Lane from Heartside Place to Webb Chapel Road. An engineering service agreement to design the replacement of the two water lines and three sanitary sewer lines has been negotiated with GSWW, Inc. for a total amount not to exceed $81,250 and within 196 calendar days. The amount and contract time is consistent with the fee and time for similar projects. GSWW, Inc. was selected based upon their experience in designing utility replacements using the pipe bursting method, which is the replacement method for all three sanitary sewer lines. GSWW, Inc. has performed satisfactorily for the City on other projects. Construction is tentatively scheduled to begin in early 2008. Toward the end of the design of the improvements, meetings will be held with residents adjacent to the improvements to inform them of the proposed utility replacements and to provide them with the opportunity to provide input that can increase the effectiveness of the proposed improvements. The City Engineer recommends approval of Resolution No. 2007-035 approving an agreement with GSWW, Inc. for engineering services for sanitary sewer and water line improvements, in an amount not to exceed $81,250. There being no discussion, a motion by Councilman Moses, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," adopted Resolution No. 2007-035 approving an agreement with GSWW, Inc. for engineering services. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no Council travel reports, requests, committee or organizational reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED PRIOR TO THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:45 P.M. AND CONCLUDED AT 6:02 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. Volume 99, page 46 E.1 DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land sale, purchase, trade or lease of property at Camelot Landfill. Discuss Keenan Cemetery. Mayor Phelps explained that staff was present to discuss this item with the City Council. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch Barrietos, et al., v. Farmers Branch Villas at Parkside Partners, et.al., v. Farmers Branch Alfredo Vasquez, et.al., v. Farmers Branch Mayor Phelps explained that the City Attorney was present to discuss this item with the City Council. F.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated City Council was updated on the items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Smith, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," adjourned the City Council meeting of March 19, 2007 at 7:38 p.m. r Bob Phelps, Mayor i Cindee Peters, City Secretary Volume 99, page 47