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2007-09-18 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 18, 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 Tern 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 City Secretary Assistant to the City Manager Director of Economic Development City Attorney City Engineer Director of Equipment Services Director of Community Services Finance Director Director of Public Works Director of Parks and Recreation Library Director Police Chief Fire Chief Director of Communications Gary D. Greer Mary Jane Stevenson Greg Vick Cindee Peters John Roach Norma Nichols Reed Matthew Boyle Jerry Murawski Kevin Muenchow Michael Spicer Charles Cox Mark Pavageaux Jeff Fuller Danita Barber Sid Fuller Kyle King Tom Bryson Mayor Phelps called the City Council meeting of September 18, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Jim Smith gave the invocation and led the Pledge of Allegiance. A.2 PRESENTATION OF SERVICE AWARD - JOSE CRUZ - PARKS AND RECREATION DEPARTMENT - 15 YEARS. Volume 100, page 20 Mayor Phelps presented a 15-year employee service award to Jose Cruz of the Parks and Recreation Department. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. A.4 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item gives applicants an opportunity to present board applications to the City Council and City Council to make appointments to vacancies on board and commissions. The following Parks and Recreation Board members have terms that expire on October 1, 2007: Robert Davis Roy Morales David Martinez Jim Barrett There are three vacancies on the Parks and Recreation Board. There are two vacancies on the Library Board. There is one vacancy on the Historical Preservation and Restoration Board. There are two vacancies on the Animal Shelter Advisory Committee. There are four vacancies on the Senior Advisory Board. There are two vacancies on the Community Watch Committee. Mayor Phelps stated he had not contacted the Chairperson of the Parks and Recreation Board and asked that this item be on the next City Council agenda. Mayor Phelps made a motion to appoint Mr. Weber to the Library Board, a second by Councilman Smith, with Councilman Smith voting "aye," and Councilmembers Robinson, O'Hare, Scott and Koch voting "nay." The motion failed by a 1 to 5 vote. A motion by Mayor Pro Tem. O'Hare, a second by Councilman Robinson, all voting "aye," appointed Pat Edmiston and Linda Subjeck to the Library Board. Volume 100, page 21 A motion by Councilman Scott, a second by Councilman Koch, all voting "aye," appointed Rick Johnson, Pat Williams and Joe Wells to the Parks and Recreation Board. A motion by Councilman Koch, a second by Mayor Pro Tem O'Hare, all voting "aye," appointed Michael Ann Loftus to the Historical Preservation and Restoration Board. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," appointed Judi Hacker to the Animal Shelter Advisory Board. 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 Scott, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 4, 2007. B.2 ADOPTED RESOLUTION NO. 2007-117 TO MAINTAIN THE CITY'S INVESTMENT POLICY. B.3 ADOPTED ORDINANCE NO. 2938 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 7, SCHOOL ZONES, SECTION 82-122 AMENDING SCHOOL ZONE LOCATION. ORDINANCE NO. 2938 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 7, SECTION 82-122, AMENDING SCHOOL ZONE LOCATIONS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Volume 100, page 22 B.4 ADOPTED RESOLUTION NO. 2007-114 AUTHORIZING RENEWAL OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH IN THE AMOUNT OF $6,856. B.5 ADOPTED RESOLUTION NO. 2007-115 RENEWING A CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS NOT TO EXCEED $31,800 PER YEAR FOR ANALYSIS OF POTABLE WATER AND WASTEWATER, INDUSTRIAL FACILITIES INSPECTIONS, AND WASTEWATER SAMPLING. C.1 CITIZEN REQUESTED AGENDA ITEM: JIM DAVIS OF 2548 HEARTHSTONE WOULD LIKE TO DISCUSS CODE ENFORCEMENT WITH THE CITY COUNCIL. Mr. Jim Davis of 2548 Hearthstone stated he has been a resident of Farmers Branch since 1959 and disagrees with the more stringent code enforcement ordinances that have been adopted. He stated many people could not afford to correct violations for which they are cited. Ms. Robin Bernier, 13830 Heartside, stated code enforcement staff is doing a good job. Mr. Brian Burns, 13830 Heartside, stated he supported the new code enforcement rules and there are many multiple families living in single-family residences in the city. Mr. Rick Johnson, 2930 Harlee, stated code enforcement is doing a good job but would like to see them enforce more. Mr. Harold Froehlich, 13831 Braemar, stated he wanted to thank the City Council on the increased code enforcement. Mr. Matt Burton, 3212 Rolling Knoll, stated the election platform for the May 12th election was for stricter code enforcement, which has been put in place. Mr. Tom Bohmier, 14506 Oakmont, stated he is excited about the new changes in code enforcement. He explained there is still a problem with an abundance of cars parked in streets. He would like to see if we could get an ordinance to prevent this. He also explained there are several organizations in the area willing to help the elderly if they are cited and cannot afford to remedy the violation. Ms. Linda Subjeck, 2949 Primrose, stated that code enforcement was not strict enough and gave several examples. Volume 100, page 23 Ms. Lib Grimmett, 3020 Country in Carrollton, stated she was here on behalf of her mom who had received a notice of violation. She stated her mother was sent a letter and her brother is correcting the violation; however, it is taking longer than she anticipated. Councilman Smith stated that in the future Ms. Grimmett's mother can call Senior Adult Services because they have a group of volunteers that help in these situations. Councilman Koch thanked all the citizens for speaking tonight. Councilman Koch stated he thought Mr. Davis had supported the stricter code enforcement during the May election. Mr. Davis stated he had; however, he was really concerned about the elderly who get notices and become quite worried when they cannot afford to correct violations. C.2 PUBLIC HEARING: 2007-08 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Mayor Phelps presented the following information. A public hearing is being held to consider the 2007-08 operating and capital improvement program budget. The proposed budget was filed with the City Secretary on July 31, 2007 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library, the Farmers Branch Police Department and on the City's website. A public work session of the City Council was held on August 21, 2007 to discuss the budget; the meeting was televised and has been regularly rebroadcast on the City's Cable Channel 16. Highlights of the proposed budget include: • No property tax increase. Overall property values increased by 10.8%. • Includes funding for fifteen new firefighters to staff Fire Station No. 3. • Three full-time employees have been added to the Police Department. • Includes funding for replacement loader trucks, replacement police patrol vehicles, and a new ambulance. • Opening of Fire Station No. 3. • Continuation of the Neighborhood Revitalization Program. The proposed 2007-08 operating and capital improvement program budget will raise more total property taxes than last year's budget by $1,860,200 or 10.67% and of this amount $301,978 is tax revenue to be raised from new property added to the tax roll this year. Mayor Phelps opened the public hearing. Volume 100, page 24 There being no one to speak, a motion by Councilman Smith, a second by Councilman Scott, all voting "aye," closed the public hearing. Mayor Pro Tem O'Hare stated this was a fantastic budget because it would accomplish all the City Council goals. Councilman Scott explained things would begin to happen because of this great budget. C.3 PUBLIC HEARING: PROVIDE FOR THE TAXATION OF GOODS-IN- TRANSIT. Mayor Phelps presented the following information. House Bill 621 was passed by the 80th Session of the Texas Legislature in May 2007. This bill allows for a new type of "Freeport" exemption. This bill adds a new exemption to existing Freeport legislation in effect since 1990, which allows Freeport goods that leave the state within 175 days to be exempt from taxation. The new exemption will allow goods to be exempt if they are shipped to another location either inside or outside the State of Texas within 175 days. House Bill 621 provides that a taxing unit can opt out of the exemption by taking positive official action to tax the goods-in-transit before January 1, 2008. Both Dallas County and the Carrollton-Farmers Branch Independent School District have indicated that they plan to opt out of this expanded exemption. This public hearing is being held to comply with the first step relating to providing for the taxation of goods-in-transit as required by Section 1-n(d), Article VIII, Texas Constitution. The amount of value lost for the City of Farmers Branch if the City allows the goods to receive this expanded exemption, based on 2007 values, is $221,313,202. This would equate to a property tax revenue loss of $1.1 million. Mayor Phelps opened the public hearing. There being no one to speak on this item, a motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," closed the public hearing. CA PUBLIC HEARING: TO CONSIDER RESCINDING ORDINANCE NO. 2890 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2928 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements. Volume 100, page 25 Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. Staff is not proposing any changes to the current Standards. Adopting the Standards of Care is legally required so that the City can implement its youth programs without the need to go through the State licensing process and subsequent oversight. The Standards address overall health and safety issues such as leader-to-participant ratios and facility requirements. The City has numerous policies and procedures that go beyond the Standards and are directed to critical areas such as age, behavior expectations, and proof of residency. City Administration recommends rescinding Ordinance No. 2890 and adopting Ordinance No. 2928 relative to Farmers Branch Youth Programs' Standards of Care in compliance with the 1995 Senate Bill 212. Mayor Phelps opened the public hearing. There being no one to speak on this item, a motion by Councilman Robinson, a second by Councilman Scott, all voting "aye," closed the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tem O'Hare, all voting "aye," rescinded Ordinance No. 2890 and adopted the following captioned Ordinance No. 2928 relative to the Youth Programs' Standards of Care. ORDINANCE NO. 2928 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2890 AND ADOPTING ORDINANCE NO. 2928 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. D.1 CONSIDER ADOPTING ORDINANCE NO. 2930 TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT, WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A public hearing was held earlier this evening to provide for the taxation of goods-in-transit. Ordinance No. 2930 provides for the taxing of tangible personal property in transit by opting out of the new type of "Freeport" exemption enacted by House Bill 621, which was passed by the 80th Session of the Texas Legislature in May 2007. City Administration recommends adopting Ordinance No. 2930 to tax tangible personal property in transit. Volume 100, page 26 A motion by Mayor Pro Tem O'Hare, a second by Councilman Koch, all voting "aye," adopted the following captioned Ordinance No. 2930 to tax tangible personal property in transit. ORDINANCE NO. 2930 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253. D.2 CONSIDER ADOPTING ORDINANCE NO. 2931 PROVIDING FOR THE ISSUANCE OF CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,750,000; ENACTING OTHER PROVISIONS RELATING THERETO; AND BECOMING EFFECTIVE AFTER PASSAGE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On April 16, 2007, the City Council approved Resolution No. 2007-048 authorizing the publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Series 2007, in a principal amount not to exceed $8,000,000, for four of the City's highest priority projects. These projects include street improvements for Webb Chapel from I-635 to Southern Pines, Midway Road from I-635 to Spring Valley and Benchmark Drive. The fourth project is a new animal shelter. This notice was published in the manner required by law on August 9th and August 16th, 2007, with a scheduled bond sale meeting date of September 18, 2007. All legal requirements necessary to issue these short-term five-year certificates have been met. In order to take advantage of extremely attractive interest rates and low issuance costs, these bonds were bid for private bank placement. Bank of America submitted the winning bid for these bonds at 3.45%. The bonds will be sold tonight, pending approval of this ordinance. Ordinance No. 2931 provides for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Series 2007, in an aggregate principal amount of $7,750,000 and enacts other provisions to provide for the sale of these certificates. City Administration recommends adopting Ordinance No. 2931 providing for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Series 2007, in an aggregate principal amount of $7,750,000. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," adopted the following captioned Ordinance No. 293lproviding for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation. Volume 100, page 27 ORDINANCE NO. 2931 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,750,000 ENACTING OTHER PROVISIONS RELATING THERETO; AND BECOMING EFFECTIVE AFTER PASSAGE D.3 CONSIDER ADOPTING ORDINANCE NO. 2932 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2006-07 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2932 amends the 2006-07 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. City Administration recommends the adoption of Ordinance No. 2932 amending the 2006-07 fiscal year operating and capital improvement budget. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," adopted the following captioned Ordinance No. 2932 amending the 2006- 07 fiscal year budget. ORDINANCE NO. 2932 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2006-07 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. DA CONSIDER ADOPTING ORDINANCE NO. 2933 APPROVING THE 2007 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Proposed Ordinance No. 2933 approves the 2007 tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions for residential and commercial real property and business personal property in the City of Farmers Branch at $3,819,397,977 (three billion, eight hundred nineteen million, three hundred ninety-seven thousand, nine hundred seventy-seven dollars). This amount includes new construction, but excludes properties still under protest. This represents a $313,742,507 increase (approximately an 8.95% increase) in taxable value from the July 25, 2006 certified tax roll. City Administration recommends the adoption of Ordinance No. 2933 approving the tax roll certified by the Dallas Central Appraisal District. Volume 100, page 28 A motion by Councilman Koch, a second by Councilman Scott, all voting "aye," adopted the following captioned Ordinance No. 2933 approving the tax roll. ORDINANCE NO. 2933 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2007 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. D.5 CONSIDER ADOPTING ORDINANCE NO. 2934 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2007-08 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 31, 2007, the proposed 2007-08 fiscal year operating and capital budget was delivered to the City Council and copies were delivered to the Farmers Branch Manske Library and the Farmers Branch Police Department. A copy of the budget was also placed on the City's web site for review. The proposed budget was discussed with City Council during a budget workshop held August 21, 2007 and citizen comments were requested at a public hearing held earlier this evening. Ordinance No. 2934 approves the operating and capital improvement program budget for the 2007-08 fiscal year. Ordinance No. 2935, which follows adoption of the budget, ratifies the property tax revenue increase reflected in this budget. All applicable laws and City Charter provisions necessary for adoption of the budget have been followed. City Administration recommends the adoption of Ordinance No. 2934 approving the 2007-08 fiscal year budget. A motion by Councilman Robinson, a second by Mayor Pro Tem O'Hare, all voting "aye," adopted the following captioned Ordinance No. 2934 approving the 2007-08 budget. ORDINANCE NO. 2934 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. Volume 100, page 29 D.6 CONSIDER ADOPTING ORDINANCE NO. 2935 RATIFYING THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE 2007-08 FISCAL YEAR BUDGET IN ACCORDANCE WITH AND PURSUANT TO H.B. 3195, TEXAS LEGISLATURE, 2007, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A bill was passed during the 2007 legislative session affecting this year's budget and tax adoption process. Specifically, any budget to be enacted after September 1, 2007 must meet certain requirements. In particular, adoption of a budget that raises more property tax revenue than was generated the previous year requires two separate votes: (a) vote to adopt the budget; and (b) vote to "ratify" the property tax revenue increase reflected in the budget. These changes affect the budget process only; the legislature made no changes that affect the adoption of a property tax rate in 2007. The 2007-08 fiscal year budget, adopted just prior to this council item, raises more total property taxes than last year's budget by $1,860,200 or 10.67%, and of that amount $301,978 is tax revenue to be raised from new property added to the tax roll this year. Public hearings concerning the proposed tax rate were held on August 21s' and September 4th and all applicable laws and City Charter provisions necessary for adoption of the budget have been followed. City Administration recommends the adoption of Ordinance No. 2935 ratifying the property tax revenue increase reflected in the 2007-08 budget. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye," adopted the following captioned Ordinance No. 2935 ratifying the property tax revenue increase reflected in the 2007-08 budget. ORDINANCE NO. 2935 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RATIFYING AND APPROVING THE PROPERTY TAX INCREASE REFLECTED IN THE 2007-08 FISCAL YEAR BUDGET HERETOFORE ADOPTED WITH THE PASSAGE OF ORDINANCE NO. 2934 IN ACCORDANCE WITH AND PURSUANT TO H.B. 3195, TEXAS LEGISLATURE, 2007. D.7 CONSIDER ADOPTING ORDINANCE NO. 2936 TO LEVY THE TAX RATE FOR 2007-08 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2936 sets the tax rate for the 2007 tax year at $0.4945 per $100 of assessed value on residential and commercial real property and business personal property within the city. This Volume 100, page 30 represents the same tax rate in place as the 2006 tax year. The City of Farmers Branch has one of the lowest tax rates in Dallas County. The $0.4945 tax rate will be distributed as follows: $0.438576 per $100 of assessed value for general fund maintenance and operations distribution and $0.055924 per $100 of assessed value for debt service distribution. Staff recommends the adoption of Ordinance No. 2936 to levy the tax rate for the 2007-08 fiscal year at $0.4945 per $100 of assessed value. A motion by Councilman Robinson which he stated "I move that property taxes be increased by the adoption of a tax rate of $0.4945, which is the same rate adopted for the 2006 tax year by adopting Ordinance No. 2936." Councilman Smith seconded the motion, all voting "aye," adopted the following captioned Ordinance No. 2936. ORDINANCE NO. 2936 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO LEVY THE TAX RATE FOR THE 2007-2008 FISCAL YEAR. D.8 CONSIDER RESOLUTION NO. 2007-124 APPROVING THE APPOINTMENT OF DR. GEORGE MONINGER TO THE BOARD OF DIRECTORS OF THE METROCREST HOSPITAL AUTHORITY, AND TAKE THE APPROPRIATE ACTION. Mayor Phelps explained there is a vacancy on the Metrocrest Hospital Authority Board of Directors with the resignation of Paul Boumbulian. The Metrocrest Hospital Authority Board recommends that Dr. George Moninger be appointed to fill that vacancy with a term ending December 1, 2008. Appointments to the Metrocrest Hospital Authority Board are made by resolution of the City Council. The Metrocrest Hospital Authority Board recommends the appointment of Dr. George Moninger. After a brief discussion, a motion by Mayor Pro Tern O'Hare, a second by Councilman Scott, all voting "aye," tabled this item until the next City Council meeting to obtain more information. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. LJ Volume 100, page 31 A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting "aye," approved travel to Lubbock, Texas for City Manager Gary Greer, Assistant City Manager Greg Vick and himself to meet with a developer. Mayor Phelps announced that the City Council convened into Executive Session. The meeting convened into Executive Session at 7:50 p.m. and concluded at 9:55 p.m. The Executive Session convened after the items had been discussed in the General Session. 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. 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 stated 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 explained the City Council was updated on items in Executive Session and no action was necessary. F.2 ADJOURNMENT A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye," adjourned the City Council meeting of September 18, 2007 at 9:56 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 100, page 32