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2007-05-07 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 7, 2007 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Ben Robinson Tim O'Hare Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to the City Manager City Secretary City Attorney City Engineer Director of Economic Development Director of Community Services Finance Director Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief Director of Communications Recording Secretary Gary D. Greer Mary Jane Stevenson Greg Vick John Roach Cindee Peters John Boyle Jerry Murawski Norma Nichols Reed Michael Spicer Charles Cox Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King Tom Bryson Suzanne Reynolds Mayor Phelps called the City Council meeting of May 7, 2007 to order at 6:30 p.m. The meeting was televised. A.l INVOCATION AND PLEDGE OF ALLEGIANCE. Deputy Mayor Pro Tim O'Hare gave the invocation and led the Pledge of Allegiance. Volume 99, page 64 A.2 RECOGNIZE STUDENTS FROM JANIE STARK ELEMENTARY SCHOOL AND MARY IMMACULATE SCHOOL FOR THEIR ACHIEVEMENTS AT THE "DESTINATION IMAGINATION" STATE FINALS. Mayor Phelps presented the following information. "DestiNation ImagiNation" is an international competition with over 200,000 students from more than 56 countries and challenges young people from elementary school to college to work together to solve a challenge that they choose. It is a program that combines creative thinking, innovative engineering and recognition of each team member's talents and limitations in solving the challenge. This year, two schools located within the City of Farmers Branch, Janie Stark Elementary School and Mary Immaculate School, excelled at the "DestiNation ImagiNation" competition. The seventh grade team at Mary Immaculate School developed and presented an original crime story in which the investigators had to use the properties.of visible light to solve their case. The team took first place at the regional level and competed in the state finals. The team was comprised of William Ellis, John Halovanic, Durgan Koch, Joseph Martin, Brendan McDonald, Karen Mixtacki, and Jennifer Pham. Their team managers were parents Liz Ellis and Marianne Halovanic. The fourth and fifth graders at Janie Stark Elementary School also competed at the State level and won first place in their challenge thereby earning them the opportunity to advance to the international tournament in Knoxville, Tennessee at the end of this month. The team responded to their challenge with an eight- minute presentation including a technical element and presented in theater-in-the- round style. The team is comprised of Alexis Bynum, Jaxon Goodspeed, Mohammed Jafri, Alexis Keeter, Cody Kaminski, Maria Lozano and Diego Munoz. The parent team managers are Cindy Goodspeed and Samana Jafri. Both teams also won the "Renaissance Award" at their respective competitions. This award is given to those teams who demonstrate extraordinary amounts of effort and preparation in their solutions or outstanding skill in engineering, design or performance. Mayor Phelps and the Council recognized both Janie Stark Elementary School and Mary Immaculate School team members, parent leaders and representatives for their excellent honors. Mayor Phelps announced that several members in the audience donated funds to Janie Stark Elementary School for the team members to travel to Knoxville, Tennessee. A.3 PRESENTATION OF FIRST INCENTIVE UNDER HOME INCENTIVE PROGRAM TO WILLIAM AND CAROL SUDRO. Volume 99, page 65 Mayor Phelps presented the following information. The City Council is pleased to recognize William and Carol Sudro as the very first applicants to receive an incentive through the Exterior Makeover Incentives Program. This program is one of three recently approved home incentive programs adopted by the Council in February 2007. The Exterior Makeover Incentives Program provides incentives in the form of gift cards to homeowners that increase their home's curb appeal by completing approved improvements to the exterior. The Sudros replaced the roofing on their porch, repaired the soffits, and replaced 100% of the siding to their home, which qualified them for an upgrade incentive as well. Mayor Phelps presented William and Carol Sudro with a $400 gift certificate from the North Dallas Design District. A.4 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. May is nationally recognized as Older Americans Month. The Parks and Recreation Department and the Senior Advisory Board request that the City Council proclaim May as Older Americans Month in Farmers Branch which will help make the public aware of the wide array of programs and activities available in Farmers Branch for senior citizens. The following highlighted activities will be offered in May at the Senior Center: • Band dances at 7:00 p.m. every Monday night except Memorial Day, May 28' • May Breakfast, Monday, May 7th, 8:15 a.m. • Birthday celebration and luncheon, Wednesday, May 16th, noon • Senior Citizen Volunteer Recognition Banquet, Thursday, May 31St at 11:30 a.m. Trips in May are scheduled to: Ozona Restaurant for Cruisin Cuisine on May 2nd Eddie Dean Ranch for a Senior Health Fair on May 3rd Theatre Three to see "The Odd Couple" on May 9th Fair Park to view the Holy Land Exhibit on May 14th Fort Worth's Water Gardens on May 23rd M-Line Street Car tour with DART on May 251h Mayor Phelps and Council presented Katie Roberts, Senior Advisory Board Chair, and other members of the Farmers Branch Senior Center, with a proclamation proclaiming May as Older Americans month in Farmers Branch. A.5 CONSIDER PROCLAIMING MAY AS ASIAN HERITAGE MONTH AND TAKE APPROPRIATE ACTION. Volume 99, page 66 Mayor Phelps presented the following information. The City of Farmers Branch values the contributions that Asian Americans have made to the City, to our culture, and to our economy. Approximately three percent of the residents of Farmers Branch are of Asian descent, as well as two percent of the City's employees; and more than 16 of the City's businesses are owned by Asian American companies, and three Asian-based churches call Farmers Branch home. During the past year, the City of Farmers Branch and the Asian Community have participated together in several successful ventures. Those have included: • Supporting Farmers Branch hotels in the development of Asian tourism, including working with one hotel for the contract to house Korean Airlines crew members • Participating in activities of the Taiwanese Chamber of Commerce of Dallas Fort Worth and the Greater Dallas Asian American Chamber of Commerce. Farmers Branch Manske Library has an Asian American artist scheduled to display his works in the Library's Art Gallery in May. The artist, Du Chau, was born in Vietnam and received his Bachelor's degree from the University of North Texas and Master's degree in Fine Arts at the New York State College of Ceramics at Alfred University. He is currently an Adjunct Professor in the Art Department at Brookhaven College. . Mayor Phelps and the Council presented a proclamation to Dr. Sunhee Hong, Chairwoman of the Dallas Fort Worth Asian American Citizens Council and other representatives of the local Asian American business community. A.6 RECOGNITION OF FINANCE DIRECTOR CHARLES COX FOR RECEIVING THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF TEXAS OUTSTANDING SERVICE AWARD. Mayor Phelps presented the following information. At their annual meeting on April 23, the members of the Government Finance Officers Association of Texas awarded Finance Director Charles Cox its Outstanding Service Award. The award seeks to recognize outstanding contributions and service to the government finance profession. It goes without saying that a finance director must be thorough and accurate, but to be effective one must also be an excellent communicator. Charles' communication skills were widely recognized recently when the City's budget communications were featured in the International City Management Association's publication IQ Report: The Budget as a Communications Tool. Communications skills along with his overall financial management skills were also recognized this year when Standard and Poor's selected Farmers Branch as one of twelve local governments nationally for an intensive financial management assessment to be used in establishing management benchmarks for other local governments. Volume 99, page 67 Charles has long been acknowledged for his involvement in a number of highly innovative programs including the City's Tax Dividend Program that was a finalist for the national Innovations in American Government Award of the Harvard University Kennedy School of Government. Programs and strategies implemented with his assistance or under his direction are not only innovative; they are cutting edge without putting the City at risk. Charles' talents are also recognized in his professional organizations. He is a regular speaker for state and national government finance associations and has made presentations on more than six different topics during the past year alone. He has served as president of Texas' Government Finance Officers Association and currently is president-elect of the Government Finance Officers Association of the United States and Canada. The City is fortunate to have a Finance Director who is not only highly knowledgeable of financial and business best practices but who also possesses the highest ethics and professionalism. Mayor Phelps and the Council presented Charles with the Government Finance Officers Association of Texas Outstanding Service Ward. A.7 PRESENTATION OF SERVICE AWARD - BRYAN HARDY OF THE FIRE DEPARTMENT - 5 YEARS. Mayor Phelps presented a five-year employee service award to Bryan Hardy with the Farmers Branch Fire Department. A.8 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE AND THE SCHOOL- COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. There were no board applications presented to the City Council. A.9 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. 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 Volume 99, page 68 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 Tem Robinson, seconded by Councilman Bird, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 16, 2007. B.2 ADOPTED RESOLUTION 2007-053 APPROVING THE SITE PLAN OF CHURCHILL RESIDENTIAL FOR A SENIOR INDEPENDENT LIVING FACILITY WITH ATTACHED RETAIL AND PARKING GARAGE, INCLUDING VARIANCES TO PARKING AND BUILDING HEIGHT REQUIREMENTS, LOCATED ON APPROXIMATELY 3.0 ACRES AT 11701 MIRA LAGO BOULEVARD, WITHIN PLANNED DEVELOPMENT NO. 81. B.3 APPROVED RESOLUTION NO. 2007-056 REGARDING THE REQUEST OF C.E.I. ENGINEERING ASSOCIATES, INC., ON BEHALF OF LUIS ARDILA, FOR SITE PLAN APPROVAL FOR A 1,247 SQUARE-FOOT OFFICE BUILDING ON A 0.248 ACRE VACANT LOT AT 13205 BRANCH VIEW LANE, APPROXIMATELY 220 FEET NORTH OF THE NORTHWEST CORNER OF THE INTERSECTION OF BRANCH VIEW LANE AND VALLEY VIEW LANE WITHIN THE PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT. B.4 ADOPTED RESOLUTION NO. 2007-054 AUTHORIZING THE CITY MANAGER TO PURCHASE A THREE PHASE UNINTERRUPTIBLE POWER SUPPLY AND INSTALLATION SERVICES FROM MORLEY MOSS ELECTRICAL AND TECH PLAN, INC. IN THE AMOUNT OF $67,299 FOR THE CITY HALL COMPUTER DATA CENTER. B.5 ADOPTED RESOLUTION NO. 2007-057 AUTHORIZING THE CITY MANAGER TO PURCHASE A NETWORK CORE SWITCH AND A HIGH SPEED NETWORK SWITCH UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS. B.6 ADOPTED RESOLUTION NO. 2007-063 APPROVING THE CONSENT AND ACKNOWLEDGEMENT AGREEMENT FOR ASSIGNMENT OF TAX INCREMENT FINANCING DISTRICT NO. REIMBURSEMENTS. B.7 ADOPTED RESOLUTION NO. 2007-064 AMENDING AND REPLACING RESOLUTION NO. 2007-047 IN ITS ENTIRETY TO Volume 99, page 69 ABANDON TWO FIRE LANE EASEMENTS ON THE PROPERTY ADDRESSED AS 4055 VALLEY VIEW LANE, GRANITE TOWER AT THE CENTRE ADDITION. C.1 PUBLIC COMMENTS. Tom Bohmier, 14506 Oakmont Drive, stated he supports Ordinance No. 2903 and encouraged citizens who have not voted to vote for Ordinance No. 2903 regarding illegal immigration. Matt Burton, 3212 Rolling Knoll Place, encouraged all citizens who have not voted to vote for Ordinance No. 2903 regarding illegal immigration. John Wells, 13521 Heartside Place, read an editorial from the Dallas Morning News dated May 7, 2008 entitled "Message Unread" regarding issues on illegal immigration. Mr. Wells also stated he had concerns about the two blocks of lights on the highway I-35 south of Valley View that do not burn at the night. David Blair, 3324 Gatwick, stated he feels the Dallas Morning News has been fair to both sides of the immigration issues and disagrees with the editorial "Message Unread." Mr. Blair also referenced the article in the Dallas Morning News "If. Voters Say No". He stated he is against Ordinance No. 2903 and urged voters to oppose the ordinance. Christopher McQuire, 3703 Wooded Creek, stated he is concerned that the City does not have an estimated cost for Ordinance No. 2903 and illegal immigration issues. He encouraged the audience to vote no to Ordinance No. 2903. Tony Salerno, 2519 Danny Lane, presented the Mayor and City Council with a copy of a study regarding illegal immigrants entitled "Telling the Truth: Dispelling the Myths about the Negative Impacts of Undocumented Residents in Farmers Branch, Texas" prepared for Let the Voters Decide by Bernard L. Weinstein, Ph.D. and Terry L. Clower, Ph.D., University of North Texas. Tim Scott, 3008 Eric Lane, encouraged everyone in the audience and the viewers to vote. Jose Galvez, 2661 Danny Lane, asked for everyone to vote on Election Day and voice their opposition to Ordinance No. 2903. David Koch, 3243 Brincrest, presented the Mayor and Council with a check, which he received for the Legal Defense Fund. He stated several states are backing the City and would be sending in more funds so the City could succeed. Mr. Koch commented on the University of North Texas report. Volume 99, page 70 Elizabeth Villafranca, 13260 Josey Lane, stated she feels the City should have performed a study of the issues and the cost of Ordinance No. 2903. She stated the money spent on the legal fees could be spent on services for seniors and children. She urged everyone to vote against Ordinance No. 2903. C.2 PUBLIC HEARING: CONSIDER FUNDING PROPOSALS UNDER THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $82,379 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2007. Projects that are eligible for community development block grants are those projects that improve or maintain existing low-to-moderate income neighborhoods, promote low-income home ownership, or eliminate community-threatening conditions. Two areas of the City meet qualifications for the required low-to-moderate income standard to receive CDBG funds. Examples of eligible projects include water and sewer replacements, road projects, park rehabilitation, and sidewalks. In the past, the City of Farmers Branch has used a significant portion of its grants from Dallas County to fund the HOME rehabilitation program. However, due to the Housing and Urban Development Department's regulations on lead-based paint, the County has discontinued the HOME rehabilitation program. The 2002- 2003 funding was used for playground replacement at Jaycee Park. The 2003- 2004 funding was used for a pedestrian bridge over Cooks Creek in Jaycee Park. The 2004-2005 funding was used for sidewalks along Cookscreek Place, and the 2005-2006 funding was used for sidewalks along Bee Street. The 2006-2007 funding is being used for sidewalks along Havenhurst Street. A public hearing conducted by participating entities is required by Dallas County before the governing body can submit a proposal for the Community Development Block Grant. The purpose of the public hearing is to allow residents input on how the funds should be spent. Funding proposals must be submitted to Dallas County by May 31, 2007. A resolution for the City's proposal will be prepared for City Council approval at the May 21 City Council meeting. City Administration recommends that a public hearing be held for public input on the use of Community Development Block Grants. Mayor Phelps opened the public hearing. Mayor Pro Tem Robinson stated he would like to see speed bumps on Bee Street. Volume 99, page 71 Mayor Phelps stated if any of the viewers had public input on the use of Community Development Block Grants to contact the City Manager's office at City Hall. David Blair, 3324 Gatwick, stated he would like to see the continuation of sidewalks completed in his neighborhood. John Wells, 13521 Heartside Place, stated he would like to see lights along highway I-35 repaired. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. D.1 CONSIDER ADOPTING RESOLUTION NO. 2007-060 APPROVING A SUPPLEMENT TO THE STREET LIGHTING SERVICE AGREEMENT WITH TXU ELECTRIC DELIVERY FOR THE INSTALLATION OF STREETLIGHTS FOR VALLEY VIEW LANE BETWEEN NICHOLSON ROAD AND THE WEST CITY LIMITS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The widening of Valley View Lane from Nicholson Road to the west city limits is budgeted in the 2006-07 Capital Improvement Program, DART Local Assistance Program Fund in the amount of $1,977,588. The design and construction of two additional lanes has been completed. There is a balance of $487,961 for installation of streetlights and median enhancements. A supplement to the existing streetlight services agreement with TXU Electric Delivery for the installation of the streetlights by TXU Electric Delivery has been prepared in the amount of $157,583.11. Once installed, TXU Electric Delivery will operate and maintain the streetlights under the existing electric service agreement with the City. The design of the median enhancements is nearing completion and is scheduled to bid in June 2007 with construction anticipated to start in August 2007 and be completed within six months. City Administration recommends adopting Resolution No. 2007-060 approving a supplement to the street lighting service agreement with TXU Electric Delivery for the installation of streetlights for Valley View Lane in the amount of $157,583.11. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007-060 approving Volume 99, page 72 a supplement to the street lighting service agreement relative to Valley View Lane. D.2 CONSIDER ADOPTING RESOLUTION NO. 2007-055 AWARDING THE BID FOR THE CONSTRUCTION OF SIDEWALKS ON HAVENHURST STREET TO KEN-DO CONTRACTING, LP AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 Capital Improvement Program, Non-bond Fund provides $83,280 for the construction of new sidewalks along the north side of Havenhurst Street between Bee Street and Dennis Lane where sidewalks currently do not exist. The revenues are from the Community Development Block Grant Program, a federal program to fund projects that benefit low-to-moderate income residents. Existing sidewalks along the south side of Havenhurst Street will remain in place. On April 10, 2007, three bids were received and opened for Havenhurst Street sidewalks, with all bids meeting specifications. The low bid was received from Ken-Do Contracting, LP in the amount of $75,213.50. The contract time is 45 calendar days. Ken-Do Contracting, LP has submitted adequate qualifications and references and has done similar work for the City in the past. The remaining funds will be used for materials testing, estimated at $3,000. Any funds remaining at the conclusion of the project would be requested, through Dallas County, to be reallocated for future Community Development Block Grant projects in Farmers Branch. City Administration recommends the adoption of Resolution 2007-055 awarding the bid for the construction of sidewalks on Havenhurst Street to Ken-Do Contracting, LP in the amount of $75,213.50. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," adopted Resolution No. 2007- 055 awarding the bid for Havenhurst Street sidewalks to Ken-Do Contracting, LP D.3 CONSIDER ADOPTING ORDINANCE NO. 2912 REQUIRING THAT ANIMALS BE STERILIZED PRIOR TO ADOPTION OR REDEMPTION FROM THE FARMERS BRANCH ANIMAL SHELTER, PROVIDING EXEMPTIONS, AND ESTABLISHING FEES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Current regulations require that persons adopting a dog or cat from the City's animal shelter provide proof of the animal's sterilization to staff within thirty days of the adoption date. Dogs and cats impounded by the City for running at large and subsequently redeemed by their owners are presently not required to be sterilized. Volume 99, page 73 Dog and cat populations in Farmers Branch and neighboring communities are growing and expected to continue to increase. Historically, persons adopting animals from the City's shelter have demonstrated low compliance rates relative to the required sterilization and rabies vaccinations for the adopted animals. Cause for Paws, a local group of residents who are active in supporting improvements to the animal services program, requested Staff to research and develop an ordinance to address the growing animal population in the City and to encourage responsible pet ownership. Staff developed proposed Ordinance No. 2912 which will require sterilization and rabies vaccinations for all dogs and cats prior to leaving the animal shelter. Exemptions to these requirements will be permitted for humane agencies such as the SPCA, animals under 6 months of age, and pet owners who pay a $75.00 unsterilized animal redemption fee. Another option for pet owners will be to sign a sterilization agreement in lieu of the unsterilized animal redemption fee, pay a $100 refundable deposit to the City, and provide proof of sterilization within fourteen days or be subject to fines for failure to comply. Proposed Ordinance No. 2912 will increase adoption fees from $10.00 to $70.00 in order to pay for low cost sterilization programs through the Society for the Prevention of Cruelty to Animals (SPCA) or local veterinarians prior to releasing the animal to the owner. Redemption fees will increase from $10.00 to $15.00 and the daily boarding fee will increase from $3.00 to $5.00. The recent $10,000 donation to the animal shelter will be utilized to assist new or existing pet owners who cannot afford to sterilize their animals. City Administration recommends approval of Ordinance No. 2912 amending the sterilization and vaccination requirements for the Farmers Branch Animal Shelter. There being no discussion, a motion by Councilman Smith, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted the following captioned Ordinance No. 2912 amending the sterilization of animals and vaccination requirements adopted from the Farmers Branch Animal Shelter. ORDINANCE NO. 2912 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 18, ARTICLE III, DIVISION 4, STERILIZATION; PROVIDING FOR PENALTIES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. DA CONSIDER ADOPTING RESOLUTION NO. 2007-058 PROVIDING FOR THE PURCHASE OF ELECTRONIC CITATION WRITER DEVICES FROM BRAZOS TECHNOLOGY, AND AUTHORIZING THE CITY MANAGER TO Volume 99, page 74 ENTER INTO A PURCHASE AND MAINTENANCE/SERVICE CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Police Department and Municipal Court are requesting the adoption of Resolution 2007- 058, which awards the purchase contract for Electronic Citation Writer devices to Brazos Technology. These devices will provide an electronic means for the issuance of citations related to violations of ordinances and State laws. The Fire Department, and the Community Services Department will also utilize these devices, which will assist in issuing citations for Code violations. Adopting Resolution 2007-058, which awards the contract for Electronic Citation Writer devices to Brazos Technology, would offer the Police Department, Municipal Court, Fire Department, and Community Services Department assistance in tracking ordinance violations, and provide a more efficient way for the issuance of citations. All equipment would be funded through the Court Technology Fund at a cost of $110,574. The Court Technology Fund revenues come from a portion of citation revenues and are restricted as to use by state law. Adequate funds are available in the Fund for this project. City Administration recommends the adoption of Resolution 2007-058 awarding a contract for Electronic Citation Writer Services to Brazos Technology. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution 2007-058 selecting an electronic citation device provider. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests, committee or organization reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL RECESSED INTO EXECUTIVE SESSION AND THEN RECONVENED INTO GENERAL SESSION. THE DISCUSSION BEGAN AT 5:53 P.M. AND CONCLUDED AT 6:24 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 75 E.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES -TEXAS GOVERNMENT CODE SECTION 551.087. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps explained there were no items to discuss under economic development incentives. 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 LULAC v. Bohmier, et. al. Mayor Phelps explained the City Attorney would be present to discuss this item with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on the items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Deputy Mayor Pro Tem O'Hare, all voting "aye,' adjourned the City Council meet' g of May 7, 07 at 7:47 p.m. r- Bob Phelps, Ma or Cindee Peters, City Secretary Volume 99, page 76