2008-01-22 CC Minutes
City of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, January 22, 2008
6:30 P.M.
The following members of the City Council were present:
Mayor Bob Phelps
Mayor Pro Tern 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 Gary D. Greer
Assistant City Manager Greg Vick
City Secretary Cindee Peters
City Attorney Michael Kallas
Police Chief Sid Fuller
Fire Chief Kyle King
Mayor Phelps called the City Council meeting of January 22, 2008 to order at
6:30 p.m. The meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Robinson gave the invocation and Councilman Koch led the pledge
of allegiance.
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 Tem O'Hare, a second by Councilman Scott, all voting
"aye", approved the consent agenda as submitted.
Volume 100, page 100
B.1 CONSIDER APPROVAL OF MINUTES OF CITY COUNCIL
MEETING OF JANUARY 8, 2008.
C.1 DISCUSS AND CONSIDER ORDINANCE NO. 2952 PROVIDING FOR
RESIDENTIAL OCCUPANCY LICENSES; PROVIDING FOR
VERIFICATION OF ALIENS' IMMIGRATION STATUS WITH THE
FEDERAL GOVERNMENT CONSISTENT WITH FEDERAL LAW;
CREATING OFFENSES; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR JUDICIAL REVIEW AND TAKE APPROPRIATE ACTION.
Mayor Phelps stated at the City Council retreat conducted on June 271h 2007,
thirty-nine goals were established for the City of Farmers Branch. Goal #16 for
the Council is "Continue to pursue strategies to address illegal immigration
issues." The Council has been steadfast in their pursuit to uphold Ordinance No.
2903, which was approved by the voters in May of 2007, and which has been
challenged in court by some individuals and organizations. In order to defend the
lawsuits and provide legal strategy on illegal immigration issues the City hired the
law firm of Strasburger and Price LLC.
At this time after considerable work on behalf of Strasburger and Price, the firm is
bringing forward an ordinance aimed at furthering the City Council's goals
concerning addressing illegal immigration. Members of the legal team will be on
hand for the City Council meeting with a PowerPoint presentation to present and
answer questions concerning Ordinance No. 2952 providing for a residential
occupancy license program. Included on the team are Michael Jung, Scott Shanes,
and Trey Dowdy from Strasburger & Price.
After receiving the information from the attorneys the Council should allow
public discussion on the proposed ordinance and then consider it for approval.
Proposed Ordinance No. 2952 was posted on the City of Farmers Branch web
page for public review on January 18th, 2008, and was made available for
inspection at the Farmers Branch Manske Library and the Farmers Branch Justice
Center. For persons without Internet access, hard copies have also been made
available at the Manske Library.
Mr. Michael Jung with Strasburger & Price gave a powerpoint presentation on
proposed Ordinance No. 2952.
Mayor Pro Tern O'Hare asked Professor Chris Kobach to give a brief history of
legal issues on immigration and illegal aliens.
Professor Chris Kobach cited several cases and examples how the Federal
Government encourages cities to help with immigration issues.
The following people spoke in favor of Ordinance No. 2952.
Volume 100, page 101
Harold Froehlich -13831 Braemar
Matt Burton - 3212 Rolling Knoll
Steven Morrison - 2941 Topaz
Tom Bohmier -14506 Oakmont
Mike DelValle - 3161 Whitemarsh
Bobbie Ligon - 2948 Sinbad
Barbara Russell - 2976 Marsann
Sam Aceves -14106 Birchlawn
Jan Garb - 2973 N. Sunbeck Circle
Laryssa Johnson - 2930 Harlee
Rick Johnson - 2930 Harlee
Dale Cotton - 3062 Eric
Phillip Wray - 2731 Selma
Linda Subjeck - 2949 Primrose
Robin Bernier -13830 Heartside
Pat Edmiston -14215 Tanglewood
Jamie Jewell - 2771 Bay Meadows Circle
Robin Brady - 2911 Meadow Green
J. Maddux - 2921 Ermine Way
Becky Fisher -13935 Stardust
Greg Roberts - Dallas County
The following people spoke in opposition of Ordinance 2952.
Guillermo Ramos -13716 Pyramid
Jose Galvez - 2661 Danny Lane
Adam Shor - 2517 Danny Lane
Gerry Henigsman - 4230 LBJ
Jay Parmalee - 6500 Greenville
Roy Orta - 2847 Maydelle
Luis de la Garza - 3125 Brookhollow
Gene Bledsoe - 3322 Gatwick
Rick Lyon - 3809 Wooded Creek
Junie Smith - 4040 Spring Valley
Brian Tusa - 3710 Rawlins
Carol Dingman -13223 Glad Acres
Paul Heller -13806 Wooded Creek
Luis Figneroa -110 Broadway, Austin
Susan Young - 3164 Valley View
Chris McGuire - 3703 Wooded Creek Dr.
Ana Reyes - 2628 Valwood
Carlos Quintanilla - 7711 Pigdmont
Alex Jimenez -13524 Heartside
Melvin Sanders - 2835 Villa Creek
Volume 100, page 102
Councilman David Koch thanked everyone for coming tonight and expressing
their views.
Councilman Tim Scott thanked everyone for speaking and expressed his concern
for the apartment complex owners who spoke in opposition of the ordinance.
Councilman Scott stated he did not believe that one more paper to fill out would
hurt the apartment owners.
Mayor Pro Tem O'Hare explained this is a complicated issue, however the
democratic process was used tonight. Mayor Pro Tem O'Hare gave several
statistics in the last 17 months how development in our City is occurring and that
the illegal immigration issue has not hurt Farmers Branch.
Councilman Robinson stated he was proud of the citizens and proud to be on the
City Council. Councilman Robinson also felt that the paperwork required in
Ordinance No. 2952 could be worked out for the apartment complex owners.
Councilman Smith encouraged everyone to support and vote candidates into
office who support the people on their views on illegal immigration.
Mayor Phelps stated the City Council tries to please everyone, but sometimes that
just is not possible. Mayor Phelps explained how important it is to write to their
Representatives, Senators and Congressman expressing their views on illegal
immigration.
Mayor Pro Tem O'Hare thanked Mayor Phelps for his work this past year. Mayor
Pro Tem O'Hare stated Mayor Phelps was a good man, good father, and husband
and just wanted to let Mayor Phelps know how he felt.
A motion by Councilman Robinson, a second by Councilman Scott, all voting
"aye", with Councilman Smith abstaining adopted Ordinance No. 2952.
D.1 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilman Koch, all voting "aye
adjourned the City Council meeting of Januar, 22, 2008 a . 6 p.m.
ob Phelps, Ma or Cindee Peters, City Secretary
Volume 100, page 103