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2007-07-16 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, July 16, 2007 6:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem. Tim O'Hare Deputy Mayor Pro Tem Ben Robinson Councilmembers Jim Smith David Koch Tim Scott The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to the City Manager Director of Economic Development City Secretary City Attorney City Engineer 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 Norma Nichols Reed Cindee Peters John Boyle Jerry Murawski 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 July 16, 2007 to order at 6:32 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem O'Hare gave the invocation and Councilman Koch led the Pledge of Allegiance. Volume 99, page 108 A.2 CONSIDER ACCEPTING DONATION FROM THE FARMERS BRANCH ROTARY CLUB IN THE AMOUNT OF $2,500 FOR THE YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Rotary Club would like to donate $2,500 to the City of Farmers Branch to be used for the City's Youth Scholarship Program. The Rotary Club raised the funds through its annual golf tournament, which was held on April 30. The City implemented the Youth Scholarship Program in 1992 to help children participate in recreation activities in which they otherwise would not be able to participate. Funding for the program is provided from civic organizations, businesses, and individual donors. The program assists young people in acquiring required supplies and equipment to participate in activities such as baseball, soccer, football, cheerleading, band, and Boy and Girl Scouts. The Farmers Branch Rotary Club has donated more than $10,000 to the Farmers Branch Youth Scholarship Program in the last six years. Chairman of the Golf Committee Jim Barrett and members of the Farmers Branch Rotary Club presented a $2,500 donation to the City of Farmers Branch for the Youth Scholarship Program. A motion by Councilman Smith, seconded Councilman Koch, all voting "aye," accepted the $2,500 donation from the Farmers Branch Rotary Club. A.3 PRESENTATION OF CERTIFICATES TO CITY EMPLOYEES WHO HAVE VOLUNTEERED FOR ACTIVITIES IN THE CARROLLTON-FARMERS BRANCH ISD, IN CONJUNCTION WITH COMMUNITIES IN SCHOOLS DALLAS, INC. Mayor Phelps presented the following information. The City encourages employees to volunteer in the City's mentoring program that works through Communities In Schools Dallas, Inc., or CIS. CIS offices on the campuses of all Farmers Branch elementary schools and at Vivian Field Middle School, and is a stay-in-school crisis prevention and intervention program for students in grades Pre-K through 12. These employees value the City and their roles, and can transfer feelings of belonging and optimism about the community to students with whom they work. These remarkable employees take the time to care about the kids in our great City. Some of the activities these employees helped make possible in the 2006-2007 school year were: mentoring, tutoring, judging spelling bees and science fairs, donating money for various causes and having fund raisers. Volume 99, page 109 Mayor Phelps presented the following employees with a certificate for their volunteer efforts: Traci Leach, Pam Smith, Linda Klark, Meredith Dowdy, Robert Carrera, Elaine Nienkamp, Traci Jones and Melody Drake. A.4 PRESENTATION OF SERVICE AWARD - OFFICER RICHARD BURTON - POLICE DEPARTMENT - 5 YEARS. Mayor Phelps stated Officer Richard Burton was not in attendance. A.5 PRESENTATION OF SERVICE AWARD - OFFICER STEPHEN GRIGG - POLICE DEPARTMENT - 10 YEARS. Mayor Phelps stated Officer Stephen Grigg was not in attendance. A.6 PRESENTATION OF SERVICE AWARD - SGT. MIKE HAIRSTON - POLICE DEPARTMENT - 15 YEARS. Mayor Phelps presented a fifteen-year employee service award to Mike Hairston with the Farmers Branch Police Department. A.7 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE, AND TAKE APPROPRIATE ACTION. There were no applications presented. A.8 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 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 O'Hare, seconded by Councilman Koch, all voting "aye," moved Agenda Item B.6 to Regular Agenda item C.O. A motion by Mayor Pro Tern O'Hare, seconded by Councilman Scott, all voting "aye," approved the Consent Agenda as amended. Volume 99, page 110 B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 18, 2007 AND THE MINUTES OF CITY COUNCIL SPECIAL MEETING OF JUNE 19, 2007. B.2 ACCEPTED DONATION FROM THE NORTH TEXAS TOLLWAY AUTHORITY IN THE AMOUNT OF $5,000 FOR THE 2007 CHRISTMAS TREE LIGHTING CEREMONY. B.3 ADOPTED RESOLUTION NO. 2007-094 AMENDING THE CONTRACT FOR ENGINEERING AND CONSULTING SERVICES WITH WEAVER BOOS CONSULTANTS, LLC-SOUTHWEST TO DESIGN, PERMIT, AND PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE EXPANSION OF THE LANDFILL GAS COLLECTION SYSTEM AT CAMELOT LANDFILL. B.4 ADOPTED RESOLUTION NO. 2007-083 RELEASING THE PROPERTY ADDRESSED AS 4901 ALPHA ROAD FROM OBLIGATIONS AND ENCUMBRANCES OF PREVIOUS DEVELOPER'S CONTRACT AND AMENDMENTS. B.5 ADOPTED RESOLUTION NO. 2007-091 AMENDING THE CHAPTER 380 ECONOMIC DEVELOPMENT POLICY OF THE TEXAS LOCAL GOVERNMENT CODE. B.6 MOVED TO REGULAR AGENDA, ITEM C.O. B.7 ADOPTED RESOLUTION NO. 2007-004 AWARDING THE BID FOR FOUR MERCER CROSSING DEVELOPMENT SIGNS TO ERWS, INC. IN THE AMOUNT OF $325,000. B.8 ADOPTED RESOLUTION NO. 2007-005 AWARDING THE BID FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS TO MERCER PARKWAY FROM VALLEY VIEW LANE TO LUNA ROAD TO AMERICAN LANDSCAPE SYSTEMS, INC. IN THE AMOUNT OF $223,293.65. B.9 ADOPTED RESOLUTION NO. 2007-095 AUTHORIZING THE CITY MANAGER TO PURCHASE A REPLACEMENT REFUSE TRUCK IN THE AMOUNT OF $185,453 FOR THE PUBLIC WORKS SOLID WASTE DIVISION. C.0 CONSIDER ADOPTING RESOLUTION NO. 2007-090 NOMINATING INTREPID USA, INC. AS AN ENTERPRISE ZONE PROJECT AND TAKE APPROPRIATE ACTION. Volume 99, page I I I Mayor Phelps presented the following information. Intrepid USA, Inc. has relocated their corporate headquarters to Granite Tower, 4055 Valley View Lane, Suite 500. The company is a national home health care company with agencies currently in 23 states. Intrepid USA, Inc. relocated six employees to the site and will initially hire an additional 129. Additional personnel will be required due to the expected growth of the company in the coming years. The City of Farmers Branch can nominate two companies for a State Enterprise Zone project designation per biennium. If the City Council approves the nomination, an application will be submitted to the Office of the Governor Economic Development and Tourism division prior to the September 1, 2007 deadline. Intrepid USA, Inc. will be notified within six weeks as to their approval. If approved as a State Enterprise Zone, a company can become eligible for state sales tax rebates of up to $1,250,000 over a five-year period on eligible items such as building materials and office equipment. In addition, they can receive tax credits on their state franchise tax. If Intrepid USA, Inc. expands according to their projections and meets all the requirements of the program; they have the potential of receiving approximately $337,500 over a five-year period. The refund is based on $2,500 for each new job they create within the State of Texas. City Administration recommends adopting Resolution No. 2007-090 nominating Intrepid USA, Inc. as an Enterprise Zone project. Bill Simpson, CEO for Intrepid, was present and gave the Mayor and City Council a synopsis of Intrepid USA, Inc. There being no further discussion, a motion by Mayor Pro Tem O'Hare, seconded by Councilman Scott, all voting "aye," adopted Resolution No. 2007-090 nominating Intrepid USA, Inc. as an Enterprise Zone project. C.1 CITIZEN REQUESTED AGENDA ITEM: ELAINE LUTTRELL OF 13439 GLENSIDE DRIVE WOULD LIKE TO THANK SEVERAL CITY EMPLOYEES, DISCUSS WITH THE CITY COUNCIL THE POSSIBILITY OF THE JUSTICE OF THE PEACE COURT COMING BACK TO FARMERS BRANCH, STATUS OF LITIGATION CONCERNING ORDINANCE NO. 2903, AND DISCUSS RULES FOR CODE ENFORCEMENT ON CARS, TRASH, GRASS, AND OBJECTS IN THE FRONT YARD. Mayor Phelps presented the following information. This item has been put on the agenda at the request of Elaine Luttrell to discuss several topics with the City Council Elaine Luttrell, 13439 Glenside Drive, presented the Mayor and City Council with the following suggestions. She asked City Council to consider the possibility of Volume 99, page 112 having the Justice of the Peace Court return to Farmers Branch and widely advertising the rules for code enforcement regarding cars, trash, grass and objects in the front yard. She also asked for information regarding the Ordinance No. 2903 litigation. There followed a lengthy discussion wherein Ms. Luttrell was informed that the Dallas County Court of Commissioners makes decisions regarding County buildings such as the former site of the Justice of the Peace. Court. Councilman Scott stated that the Council and staff cannot give detailed responses to ongoing litigation. The City advertises Code Enforcement rules through the "Branch Mail" and on garbage sacks but will investigate other avenues for disseminating that information. C.2 CITIZEN REQUESTED AGENDA ITEM: JIM MANNING OF 3712 CLUBWAY LANE WOULD LIKE TO DISCUSS WITH THE CITY COUNCIL THE POSSIBILITY OF DEVELOPING A CITY PROGRAM TO HELP WELCOME NEWCOMERS AND IMMIGRANTS (LEGAL OR ILLEGAL), MAINTAIN AFFORDABLE HOUSING IN FARMERS BRANCH, INCREASE THE OVER 65 TAX EXEMPTION, INCREASE THE HOMESTEAD EXEMPTION, FULL TRANSPARENCY OF ALL COUNCIL ACTIVITIES INCLUDING "EXECUTIVE SESSIONS." Mayor Phelps presented the following information. This item has been put on the agenda at the request of Jim Manning to discuss several topics with the City Council Jim Manning, 3712 Clubway, asked the City Council to consider the following: develop a City program to help welcome newcomers and immigrants (legal or illegal); maintain affordable housing in Farmers Branch; increase the over 65 tax exemption and the homestead exemption; and, keep City government transparent. There followed a lengthy discussion, during which Mr. Manning was informed that, according to State Law, the homestead exemption is capped at 20 percent. Mayor Phelps stated for the over 65 tax exemptions, there are different amounts. City Manager Gary Greer informed Mr. Manning that the City would always follow State laws regarding transparency in government. He stated the City posts agendas and other pertinent information under State law as required. He stated Council was considering Resolution No. 2007-088 on this agenda, changing meetings dates to Tuesday to accommodate the City Council and the residents who are interested in obtaining information that will be on the Council Agenda. Mr. Greer also stated that minutes of the Council meeting could not be posted on the Internet until they are approved by the City Council. After approval, the minutes would be posted the following day. Volume 99, page 113 Linda Subject, 2949 Primrose Lane, stated she feels that neighbors usually welcome newcomers to the neighborhoods. She also stated 68% of the residents voted for Ordinance No. 2903 regarding illegal immigration in May. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2920 APPROVING THE REQUEST OF DOWDEY, ANDERSON & ASSOCIATES, ON BEHALF OF ALPHA ROAD PARTNERS, TO AMEND A SPECIFIC USE PERMIT AS IT PERTAINS TO THE FACADES OF FRONT-LOADED GARAGE TOWN HOMES LOCATED AT 4100 SIGMA ROAD, AT THE NORTHWEST CORNER OF SIGMA AND ALPHA ROADS AND WITHIN THE PLANNED DEVELOPMENT 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In February 2006, the City Council approved a specific use permit for this town home development comprising 184 dwellings. The scope of the specific use permit approval included detailed site plan documents addressing virtually all physical aspects of the development such as street and lot layout, number and type of units, landscaping features, and exterior building elevations including the types of cladding and accent materials to be used. As construction on the site progressed, the applicant decided to significantly change the elevations of the 46 front-loaded garage town homes. Because these changes constitute an amendment of the specific use permit ordinance, only the City Council can approve them. The most significant of the proposed changes concern the rear elevations and include raising the eave line from predominantly two-story to three-story, eliminating gables and dormers, and reconfiguring window placement. All other elements of the original plan remain unchanged. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit amendment and the associated site plan exhibits. Mayor Phelps opened the public hearing. There were no public comments. A motion by Councilman Smith, seconded by Mayor Pro Tem O'Hare, all voting "aye," closed the public hearing. There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," adopted the following captioned Ordinance No. 2920 approving the proposed specific use permit. ORDINANCE NUMBER 2920 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 AMENDMENT TO A RESIDENTIAL TOWNHOME DEVELOPMENT LOCATED AT 4100 SIGMA ROAD AND Volume 99, page 114 WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD- 64) 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. CA PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF RICHLAND/BEE ADDITION BEING A REPLAT OF TRACT 20, NORTH DALLAS TRUCK FARMS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Richland/Bee Addition is a 0.998-acre site consisting of a church building and vacant land located at 2423 Richland Avenue. The owners of the property, David and Gale Riddle and the Second Chance Baptist Church, have requested the replat of Tract 20 of the North Dallas Truck Farms addition to subdivide one existing lot into two lots and to dedicate a utility easement and rights-of-way. The proposed Final Plat of Richland/Bee Addition creates Lot 1, which is 0.483 acres of vacant land, and Lot 2, which is 0.473 acres containing an existing church building. A future office/warehouse facility for Riddle Electric is proposed on Lot 1. The plat dedicates a 7.5-foot utility easement, a 15-foot corner street easement, and seven feet of right-of-way adjacent to Richland Avenue and two feet of right-of-way adjacent to Bee Street. The Final Plat of Richland/Bee Addition is consistent with the Texas Local Government Code and with City requirements for a final plat and an administratively approved site plan. The Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat. Written notifications are not required. The Planning & Zoning Commission recommends approval of the proposed Final Plat of Richland/Bee Addition. Mayor Phelps opened the public hearing. There were no public comments. There being no discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman Koch, all voting "aye," approved the proposed Final Plat of Richland/Bee Addition. D.1 CONSIDER ADOPTING ORDINANCE NO. 2922 AMENDING CITY CODE SECTION 46-1 OF THE CITY OF FARMERS BRANCH CODE OF ORDINANCES; MAKING IT A CITY ORDINANCE VIOLATION TO Volume 99, page 115 DISPLAY A FACSIMILE FIREARM IN A PUBLIC PLACE IN A MANNER THAT WILL CAUSE ALARM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Police Department as well as police departments around the country have seen an increase in the number of incidents where individuals display a facsimile or toy firearm in a manner that alarms the public and often causes a police response with near tragic results. In fact, on June 22, 2007 a young teen that was brandishing a facsimile firearm was shot and killed by police officers in West Memphis, Arkansas. Manufacturers are designing and selling facsimile firearms that are nearly identical to real weapons and can only be determined to be toys upon close inspection. Gang members have been known to carry facsimile firearms to intimidate the public or rival gang members. Currently when this occurs, police officers are limited in taking action because there are no state laws or City ordinances that address facsimile firearms. The proposed ordinance would make it an offense to display a facsimile firearm in a manner that would alarm the public and thereby give officers a tool to use in dealing with these situations. City Administration recommends adopting Ordinance No. 2922 making it an offense to display a facsimile firearm in a manner that would alarm the public. Police Chief Sid Fuller showed the audience examples of guns that proposed Ordinance No. 2922 targets. Mike Del Valle, 3161 Whitemarsh, asked for clarification on the statement "in a manner that would cause alarm. Councilman Koch asked for clarification on the definition of a "public place." Chief Fuller stated a public place is where a substantial portion of the public has access. He stated it depends on the circumstances involved in a particular incident as to whether or not an action has "caused alarm." The responding officer will make that determination and will use discretion as to whether or not action is taken. Deputy Mayor Pro Tern Robinson asked if Dallas had enacted a similar ordinance. Chief Fuller replied that Dallas and Carrollton enacted a similar ordinance. Jan Garb, 2973 N. Sunbeck Circle, asked if there are any laws for the manufacturing of these types of guns. Councilman Scott replied the only requirement for the manufacture is to put an orange tip on the barrel and that indicates that it is a child's toy. Volume 99, page 116 Elaine Luttrell, 13439 Glenside Drive, expressed her concerns regarding the length of time it takes for a police officer to answer a call once it is called in. Mayor Phelps stated if someone was walking down the street with a gun tucked in his waist and it was called in, it would not take the Police Department 15 minutes to answer a call. Ms. Luttrell stated her experience has been different when she calls the Police Department. City Manager Gary Greer stated the comments were out of order and he knows the Police Department does their job in a professional manner. There being no further discussion, a motion by Councilman Smith, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned Ordinance No. 2922 amending City Code section 46-1. ORDINANCE NO. 2922 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING SECTION 46-1 OF THE FARMERS BRANCH CITY CODE RELATING TO FIREARMS AND FACSIMILE FIREARMS; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING AN OFFENSE THEREUNDER; PROVIDING FOR DEFENSES; AND PROVIDING FOR A PENALTY, SEVERABILITY, AND AN EFFECTIVE DATE. D.2 CONSIDER ADOPTING ORDINANCE NO. 2923 SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE GAS RELIABILITY INFRASTRUCTURE PROJECT (GRIP) RATE ADJUSTMENT PROPOSAL BY ATMOS ENERGY CORP, MID-TEX DIVISION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Gas Reliability Infrastructure Program (GRIP) was originally enacted by the Texas Legislature in 2003 to allow a gas utility an interim adjustment to recover the capital investment in the gas system without filing a full rate case with the City. Once the GRIP surcharge is in place, it is updated annually until the next general rate case. The GRIP legislation was passed with the belief that the GRIP revenues would encourage increased investment in distribution pipe. The City of Farmers Branch has original jurisdiction over gas utility rates within the city limits under the Gas Utility Regulatory Act. Since 2004 Atmos Energy Corporation, the gas utility company for the City, has filed three GRIP filings. The current filing is the fourth in the same number of years. The City Council has denied all of them; however, the Railroad Commission found in favor of GRIP filings thereby overturning the City's decision. The total monthly surcharge is $1.10 for residential customers and $3.68 for commercial customers. Volume 99, page 117 Atmos filed a GRIP filing on May 31, 2007 asking for a 59-cent surcharge to be added to the previous $1.10. The City is a member of the Atmos Cities Steering Committee, which is a group of cities working together on natural gas issues. The Steering Committee is recommending that member cities suspend the effective date to allow more time to review all of the costs that Atmos is requesting. After review of the Company's 2003 and 2004 filing, the Steering Committee's counsel found that the Company's proposals were unjustified, unreasonable and are not in compliance with the GRIP statute either in fact or in law. Further, the Committee found that information provided by the Company in response to the Steering Committee's requests for information indicated that the Company actually decreased per-customer investment in infrastructure. Ordinance No. 2923 will suspend the July 30, 2007 effective date for 45 days to allow the Steering Committee an opportunity to review the filing and make recommendations. City Administration recommends adopting Ordinance No. 2923 suspending the effective date of the GRIP filing by ATMOS Energy. There being no discussion, a motion by Mayor Pro Tern O'Hare, seconded by Councilman Koch, all voting "aye," adopted the following captioned Ordinance No. 2923 suspending the July 30, 2007 effective date of the Gas Reliability Infrastructure project (GRIP) rate adjustment proposal. ORDINANCE NO. 2923 AN ORDINANCE BY THE CITY OF FARMERS BRANCH, TEXAS SUSPENDING THE JULY 30, 2007, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE ("ACSC") IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. D.3 CONSIDER ADOPTING RESOLUTION NO. 2007-097 SETTING FUTURE CITY COUNCIL MEETING DAYS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch City Council would like to change the City Council meeting nights from the first and third Monday of each month to the first and third Tuesday at 6:30 p.m. The City Volume 99, page 118 Council meetings were originally held on Tuesdays beginning June 11, 1946 to April 24, 1956. It was not until May 7, 1956 that the City Council meetings were moved to the first and third Mondays. The current City Council, at a recent retreat, discussed the possibility of moving the meeting days to Tuesday. If the City Council would like to proceed and move the meeting days to Tuesday, it is recommended that Resolution No. 2007-097 be adopted. There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tern O'Hare, all voting "aye," approved Resolution No. 2007-097 moving Council meeting days to Tuesday beginning August 21, 2007 at 6:30 p.m. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. Councilman Scott stated he was given a tour of the Justice Center. There were no travel reports, requests, Council committee or organizational reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:00 P.M. AND THEN CONCLUDED AT 6:17 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 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 that City staff was present to discuss this item with the City Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Volume 99, page 119 Discuss area of Valley View and Webb Chapel. Mayor Phelps explained City staff was present to discuss this item with the City Council. E.3 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 Valentine Reyes, et.al., v. City of Farmers Branch Mayor Phelps explained this would be discussed in the special City Council meeting on July 18, 2007. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on items in Executive Session. A motion by Mayor Pro Tem O'Hare, a second from Councilman Scott, all voting "aye," adopted Resolution No. 2007-092 authorizing the City Manager to execute an agreement with Tusa Expo Holdings, Inc. for sales tax incentives. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye," adopted Resolution No. 2007-100 authorizing the purchase of property addressed as 3062 Valley View Lane from the owner for $160,000 plus closing costs, and to authorize the City Manager or his designee to accept the assignment of a real estate sales contract, to purchase the property and to execute all necessary documents for acquiring the property. F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye," adjourned the City Council meeting of July 16, 2007 at 8:05 p.m. Z ~ 14 Bob Phelps, Mayor 1 Cindee Peters, City Secretary Volume 99, page 120