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2007-10-02 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, October 2, 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 Gary D. Greer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters Director of Economic Development Norma Nichols Reed City Attorney Michael Kallas City Engineer Jerry Murawski Director of Equipment Services Kevin Muenchow Director of Community Services Michael Spicer 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 Mayor Phelps called the City Council meeting of October 2, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Phelps gave the invocation and led the pledge of allegiance. A.2 PROCLAIM THE MONTH OF OCTOBER 2007 AS "FIRE PREVENTION MONTH" IN FARMERS BRANCH, TEXAS. Volume 100, page 33 Mayor Phelps presented a proclamation to Fire Chief Kyle King proclaiming October 2007 as "Fire Prevention Month" in Farmers Branch, Texas. A.3 PRESENTATION OF AWARDS FOR THE FIRE PREVENTION POSTER CONTEST. Mayor Phelps presented the following information. The Mayor and Fire Department staff will present awards to winners in the Twelfth Annual Fire Prevention Poster Contest. Third grade students from Farmers Branch Elementary, Janie Stark Elementary, Dave Blair Intermediate and William Cabell Elementary participated in this year's contest. Mayor Phelps and Wendi Kempton of the Fire Department presented the awards and prizes to the winners in each division of the contest. A.4 PRESENTATION OF MILLION-DOLLAR PRODUCER AWARD TO ELIZABETH MULLIS AND MAUREEN GUTIERREZ WITH THE FARMERS BRANCH CONVENTION AND VISITORS BUREAU. Mayor Phelps presented the following information. Maureen Gutierrez and Elizabeth Mullis are staff members of the Farmers Branch Convention & Tourism Bureau. Maureen, Sports Sales Manager, and Elizabeth, Sales Manager for the religious, fraternal, military, educational and other multiple association markets, have each booked more than $1,000,000 in hotel revenue for Farmers Branch hotels for the 2006-2007 budget year ending September 30, 2007. Mayor Phelps presented plaques to Maureen Gutierrez and Elizabeth Mullis for their outstanding efforts in the Farmers Branch Convention and Visitors Bureau. A.5 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. Mayor Phelps presented the following information. One of the Goals of the City Council is to improve the appearance of the City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. Mayor Phelps and Ms. Nicole Recker presented the awards for September's Yards of the Month to the following winners: Mozell Minter -12715 Holbrook; Don & Lisa Stemaly - 2926 South Sunbeck Circle; Charles Williams - 2640 Fieldale; Jerry & Janice Free - 3434 Brockway. A.6 STUDY SESSION ITEMS. Volume 100, page 34 Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. A.7 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND/OR REMOVAL OF MEMBERS OF THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. The following Parks and Recreation Board members have terms that expired on October 1, 2007: Robert Davis Roy Morales David Martinez Jim Barrett Rick Johnson Joe Wells A motion by Mayor Pro Tem O'Hare, a second by Councilman Scott, all voting "aye," reappointed Robert Davis, Roy Morales, David Martinez, Jim Barrett, Rick Johnson and Joe Wells to the Parks and Recreation Board. A motion by Councilman Robinson, a second by Councilman Scott, with Robinson, Koch, Scott, and O'Hare voting "aye" to remove Mr. David Merritt from the Planning and Zoning Commission and Councilman Smith voting "nay." The motion carried with a 4 to 1 vote. The following people spoke in opposition to removing David Merritt from the Planning and Zoning Commission: Mayor Bob Phelps - 12705 Epps Field Councilman Jim Smith - 2811 Bay Meadow Circle Joe Patterson - 14144 Tanglewood Ruben Rendon -13240 Veronica Gene Bledsoe - 3322 Gatwick Cassie Bledsoe - 3322 Gatwick William Sheveland - 3185 Golden Oak Court B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Volume 100, page 35 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 Tem O'Hare, a second by Councilman Smith, all voting "aye," approved the consent agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 18, 2007. B.2 ADOPTED RESOLUTION NO. 2007-122 AMENDING THE CHAPTER 380 ECONOMIC DEVELOPMENT POLICY OF THE TEXAS LOCAL GOVERNMENT CODE. B.3 ADOPTED RESOLUTION NO. 2007-120 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DALLAS SYMPHONY ASSOCIATION, INC. FOR A POPS CONCERT, ON SATURDAY, MAY 31, 2008 IN THE AMOUNT OF $25,000. B.4 ADOPTED RESOLUTION NO. 2007-113 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. B.5 ADOPTED RESOLUTION NO. 2007-126 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH GSWW, INC. IN AN AMOUNT NOT TO EXCEED $96,200 FOR DESIGN ASSOCIATED WITH THE RECONSTRUCTION OF BENCHMARK DRIVE BETWEEN DIPLOMAT DRIVE AND HUTTON COURT. B.6 ADOPTED RESOLUTION NO. 2007-121 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CONSERV FLAG COMPANY FOR PROCUREMENT, DELIVERY, AND INSTALLATION OF A 150' FLAGPOLE AND 30'X 60' FLAGS IN THE AMOUNT OF $42,085. B.7 ADOPTED RESOLUTION NO. 2007-125 AUTHORIZING THE CITY MANAGER TO PURCHASE DESKTOP COMPUTERS AND LAPTOP COMPUTERS UTILIZING THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT PRICING FOR AUTOMATED INFORMATION SYSTEMS. Volume 100, page 36 B.8 AUTHORIZED THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2007-08 BUDGET. A. SENIOR ADULT SERVICES B. METROCREST CHAMBER OF COMMERCE C. METROCREST SOCIAL SERVICE CENTER D. METROCREST FAMILY MEDICAL CLINIC E. FARMERS BRANCH CHAMBER OF COMMERCE C.1 CITIZEN REQUESTED AGENDA ITEM: JASON LOWE OF 2818 LAS CAMPANAS WOULD LIKE TO DISCUSS THE SCREENING WALL ON VALLEY VIEW AND WEBB CHAPEL WITH THE CITY COUNCIL. Mayor Phelps gave the following information. This item has been placed on the agenda at the request of Mr. Jason Lowe of 2818 Las Campanas to discuss the screening wall on Valley View and Webb Chapel with the City Council. Mr. Jason Lowe, 2818 Las Campanas, stated he was concerned about the perimeter wall in his neighborhood. He asked for some guidance and assistance in getting the wall fixed. He said there are 17 homeowners who own a portion of the wall and he has received 11 confirmed owners who would like to do something to get the wall fixed. Mr. Lowe stated this could be done by the City taking over the wall by acquiring easements or any suggestion the City Council may have regarding the wall in his neighborhood. Mr. Lowe read the petition into the record Mayor Pro Tern O'Hare stated Mr. Lowe was doing a great job and the City is looking into this but there are several legal issues as well as costs to consider. Mr. John Morris, 2974 Las Campanas, Mr. James Clark, 2934 Las Campanas, Mr. Rick Johnson of 2930 Harlee, and Mr. Tim Beasley of 2986 Las Campanas also agreed with Mr. Lowe and asked for the City's help in fixing the wall. Ms. Carol Dingman, 13223 Glad Acres, wanted to caution the City Council if they were considering taking ownership of this wall in order to have it repaired because of the cost in future years. C.2 CITIZEN REQUESTED AGENDA ITEM: MATT BURTON AND ROBIN BERNIER WOULD LIKE TO DISCUSS WITH CITY COUNCIL A MANDATORY EXTERIOR COLOR STANDARDS FOR BUILDINGS IN FARMERS BRANCH. Mayor Phelps gave the following information. This item has been placed on the agenda at the request of Matt Burton and Robin Bernier to discuss with City Volume 100, page 37 Council mandatory exterior color standards for buildings in the City of Farmers Branch. Mr. Matt Burton and Ms. Robin Bernier gave a power point presentation showing homes in Farmers Branch that have bright exterior paint and would like the City Council to create a mandatory exterior color standard for residential homes in Farmers Branch. The City Council asked the City Attorney to look into creating such an ordinance. City Attorney Michael Kallas said he would explore options regarding this issue. Mr. Rick Johnson, Mr. Tom Bohmier, Mr. Harold Froehlich, and Mr. Bill Sheveland agreed with Mr. Burton and Ms. Bernier and asked that the City Council create such a policy. Ms. Carol Dingman, Ms. Elizabeth Villafranca and Mr. Jeffrey Rous stated there were against this type of policy. C.3 PUBLIC HEARING. CONSIDER ADOPTING ORDINANCE NO. 2937 RENEWING AND AMENDING ORDINANCE NO. 2794 AND ESTABLISHING CURFEW HOURS FOR MINORS AND PARENTAL RESPONSIBILITY AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. Local Government Code Section 370.002 requires a review and renewal of any existing curfew ordinance before the third anniversary of the date of adoption and every third year thereafter. The existing curfew Ordinance No. 2794 will expire November 1, 2007. Proposed Ordinance No. 2937 would continue the provisions of the current ordinance and establish a fine of no more than $500 for violators of the ordinance. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye," closed the public hearing. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye," adopted the following captioned Ordinance No. 2937. ORDINANCE NO. 2937 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RENEWING AND ESTABLISHING CURFEW HOURS FOR MINORS AND PARENTAL RESPONSIBILITY; AMENDING SECTION 46-31 THROUGH 46-37 OF THE CODE OF ORDINANCES IN ITS ENTIRETY; AND PROVIDING AN EFFECTIVE DATE. Volume 100, page 38 CA PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2939 APPROVING THE REQUEST BY HIBASHI TEPPAN SUSHI BAR FOR A SPECIFIC USE PERMIT FOR THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT AND ITS ATTACHED PATIO LOCATED AT 13465 INWOOD, SUITE 100, WITHIN PLANNED DEVELOPMENT NUMBER 87 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. The applicant seeks approval of a Specific Use Permit to allow on-site sales and consumption of alcoholic beverages for Hibashi Teppan Grill Sushi Bar and its attached patio. The subject property is located at the southeast corner of the Broadstone Parkway development on Inwood Road and Galleria Road. The restaurant use is allowed by right in the PD-87 zoning district. Approval of a Specific Use Permit is required for a qualifying restaurant seeking to serve alcoholic beverages in the restaurant and the attached patio. The request complies with the requirements established within Ordinance 2768, which regulates on-site sales and consumption of alcoholic beverages. Proposed alcohol service would be provided in the bar area, dining area, and patio. No drive-in or drive-through is proposed. At least 60% of the total gross sales at this location must be attributable to food and non-alcoholic beverage sales. No exterior advertisement of alcohol sales is proposed. An alcohol awareness program has also been submitted by the applicant, as required by Ordinance 2768, which addresses personnel training, verification of customer identification, and alcohol limits policy, and transportation for customers. The Planning and Zoning Commission unanimously recommends approval of the proposed Specific Use Permit including the associated Site Plan drawings, plan of operation, and alcohol awareness program. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye," closed the public hearing. A motion by Mayor Pro Tem O'Hare, a second by Councilman Scott, all voting "aye," adopted the following captioned Ordinance No. 2939. ORDINANCE NO. 2939 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE ON-PREMISE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT AND ITS ATTACHED PATIO Volume 100, page 39 LOCATED AT 13465 INWOOD, SUITE 100, WITHIN THE PLANNED DEVELOPMENT NUMBER 87 (PD-87) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2941 APPROVING THE REQUEST OF JAMBROS PARTNERS, LTD. FOR A SPECIFIC USE PERMIT TO ALLOW AUTOMOTIVE PARTS SALES AND INSTALLATION, AND AUTOMOTIVE REPAIRS, MODIFICATIONS, AND UPGRADES TO CLASSIC CARS IN TWO EXISTING BUILDINGS LOCATED AT 13700 DIPLOMAT DRIVE, AND WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. The applicant is seeking approval of a Specific Use Permit to allow automotive parts sales and installation, and automotive repairs, modifications, and upgrades to classic cars in the subject site's two existing vacant warehouse buildings, located on adjacent lots of 0.969 acres, Lot IA, and 1.134 acres, Lot 2A, at 13700 Diplomat Drive. The buildings and the associated Site Plan were approved by the City Council's adoption of Resolution Number 2006-077 on August 7, 2006. Both existing buildings are currently vacant. The applicant plans to occupy the two existing buildings that conform to the previously approved Site Plan except for proposed modifications, which include a show room and work area to the floor plan for Building One, located on Lot 2A. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed Specific Use Permit, including the associated Site Plan drawings. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," closed the public hearing. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye," adopted Ordinance No. 2941. ORDINANCE NUMBER 2941 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW AUTOMOTIVE PARTS SALES AND INSTALLATION, AND AUTOMOTIVE REPAIRS, MODIFICATIONS, AND UPGRADES TO CLASSIC CARS IN Volume 100, page 40 TWO EXISTING BUILDINGS OF APPROXIMATELY 10,400 SQUARE FEET EACH, LOCATED ON TWO ADJACENT LOTS OF 1.134 ACRES AND 0.969 ACRES AT 13700 DIPLOMAT DRIVE, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF DIPLOMAT DRIVE AND DELEGATE DRIVE, WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING A MOTION REGARDING THE REQUEST OF FARMERS BRANCH SENIOR COMMUNITY, L.P. FOR A PARTIAL EXEMPTION FROM AD VALOREM TAXES ON THE EVERGREEN AT FARMERS BRANCH SENIOR APARTMENT COMMUNITY UNDER SECTION 11.1825 OF THE TEXAS PROPERTY TAX CODE, AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. In a letter to the City dated September 4, 2007, the Farmers Branch Senior Community, L.P. submitted a request for a 50% exemption from ad valorem taxes on the Evergreen at Farmers Branch Senior Apartment Community. This project is planned for construction at 11701 Mira Lago Blvd. One hundred percent of the apartment community will be operated as affordable senior housing with income restrictions at or below 60% of area median income. Pursuant to Section 11.1825 of the Texas Property Tax Code, the City Council must approve or deny this request for partial tax exemption within 60 days of receipt. This section of the code provides for up to a 50% exemption from ad valorem taxes on low-income housing. A rough estimate of the project value is $10 million. A 50% exemption on this value would equate to $24,725 in City property taxes at the current tax rate. Section 11.1825 of the Texas Property Tax Code provides that the City Council shall: 1) Approve the exemption of 50% 2) Approve the exemption in a reasonable amount other than 50% 3) Deny the exemption based on: 1. The taxing unit cannot afford the loss of ad valorem tax revenue that would result from approving the exemption or 2. Additional housing for individuals meeting the income eligibility requirements is not needed in the City. This project is located in the Farmers Branch Tax Increment Finance (TIF) District No. 1 in which the City currently participates at a 35% level. This means Volume 100, page 41 that 35% of new construction value must be used for public infrastructure within the district. Numerous projects near this proposed apartment community have been, or will be, constructed using TIF funding. Examples of nearby projects include Mira Lago Blvd, drainage and utility improvements, lighting, median, and plaza enhancements. A 50% ad valorem tax exemption in combination with the 35% required TIF tax funding would mean that only 15% of the property taxes derived from this project would be available to fund City operations necessary to support the new project. The City has previously provided support for this project in formally endorsing the developers' request for federal tax credits. City Administration recommends that the City Council deny the motion to exempt this project from ad valorem taxes due to the City's inability to afford providing on-going City services to a property owner while only realizing 15% of property tax revenues. 1. Motion to approve a 50% exemption from ad valorem taxes as requested by the Farmers Branch Senior Community, L.P. pursuant to Section 11.1825 of the Texas Property Tax Code. 2. Motion to approve an exemption from ad valorem taxes of % for the Farmers Branch Senior Community, L.P. pursuant to Section 11.1825 of the Texas Property Tax Code. 3. Motion to deny an exemption from ad valorem taxes for the Farmers Branch Senior Community, L.P. pursuant to Section 11.1825 of the Texas Property Tax Code because: 1. The City cannot afford the loss of ad valorem tax revenue or 2. Additional housing for individuals meeting the income eligibility requirements is not needed in the City. 4. Any other action deemed appropriate by City Council. After a brief discussion, a motion by Councilman Robinson, a second by CouncilmanSmith, all voting "aye," denied this request for exemption because the City cannot afford the loss of ad valorem tax revenue. D.2 CONSIDER RESOLUTION NO. 2007-124 APPROVING THE APPOINTMENT OF DR. GEORGE MONINGER TO THE BOARD OF DIRECTORS OF THE METROCREST HOSPITAL AUTHORITY AND RESOLUTION NO. 2007-127 APPROVING THE APPOINTMENT OF DR. MARK SPIEGEL TO THE BOARD OF DIRECTORS OF THE METROCREST HOSPITAL AUTHORITY, AND TAKE THE APPROPRIATE ACTION. Mayor Phelps gave the following information. There are two vacancies on the Metrocrest Hospital Authority Board of Directors with the resignation of Paul Boumbulian and Jim Robbs. The Metrocrest Hospital Authority Board recommends that Dr. George Moninger be appointed to fill one vacancy with a term ending December 1, 2008 and Dr. Mark Spiegel be appointed to fill the other vacancy with a term ending on December 1, 2007. Volume 100, page 42 A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," approved Resolution No. 2007-124 and Resolution No. 2007-127. D.3 CONSIDER NOMINATING A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information. The Texas Property Tax Code provides for the election of a five-member Board of Directors to govern the Dallas Central Appraisal District (DCAD) and represent each of its five constituent governmental agencies. Three of these agencies, the City of Dallas, Dallas Independent School District (DISD), and Dallas County, are each allowed to appoint one member to the board. The remaining two agencies, comprised of suburban cities and towns other than Dallas, and suburban independent school districts served by DCAD, other than DISD, are each allowed to nominate one candidate to serve on the board. Entities wishing to nominate a candidate must do so by official resolution by October 15, 2007. A slate of all the nominees will be prepared by DCAD for each city to vote on by official resolution by December 15, 2007. The Chief Appraiser will declare winners by January 1, 2008. To be eligible to serve on the board, an individual must be a resident of DCAD and must have resided in the district for at least two years immediately preceding the date the individual takes office. Members of the board serve two-year terms beginning on January 1 of even numbered years with no term limitations. Mr. Scott Wheeler of Addison is currently serving on the DCAD Board of Directors for the suburban cities nomination. Mr. Wheeler has advised that he does wish to be reappointed to serve on the DCAD Board of Directors. A motion by Councilman Koch, a second by Councilman Scott, all voting "aye," nominated Mr. Scott Wheeler of Addison to serve on the DCAD Board of Directors. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 8:58 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 9:44 P.M. AFTER THE REGULAR CITY COUNCIL MEETING AT 6:30 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE Volume 100, page 43 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 announced there was nothing to discuss on this item. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss land sale, trade or lease for the I-35 Rights of Way expansion. Mayor Phelps explained that Staff was present to discuss this item with the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. City's contract with Kite Network Ramos v. City of Farmers Branch Barrietos, et.al., v. Farmers Branch Alfredo Vasquez, et. al., v. Farmers Branch Valentine Reyes, et.al., v. City of Farmers Branch Mayor Phelps explained that Staff was present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on items in Executive Session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye," a ' urned the City Council meeting of In ctober 2, 20 t 9:45 p.m. 7 A Bob Phelps, Mayor Cindee Peters, City Secretary Volume 100, page 44