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2006-11-13 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, November 13, 2006 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Bob Phelps Ben Robinson Tim O'Hare Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Attorney John Boyle City Secretary Cindee Peters Finance Director Charles Cox Director of Economic Development Norma Nichols 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 Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of November 13, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Deputy Mayor Pro Tern O'Hare gave the invocation and Scout Master Ron Gilbert and his Boy Scout Troop No. 848 and Pack No. 734 led the pledge of allegiance. Volume 98, page 16 A.2 PRESENTATION BY BROOKHAVEN COUNTRY CLUB REGARDING THEIR 50TH YEAR ANNIVERSARY CELEBRATION PLANS AND REQUEST TO PARTNER WITH THE CITY TO PLACE BANNERS IN SELECTED LOCATIONS AND TO USE THE CITY LOGO, AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," congratulated Brookhaven Country Club on their upcoming 50th Anniversary Celebration and approved the placement of banners using the Farmers Branch logo in designated sites and times in the City. A.3 CONSIDER ACCEPTANCE OF A BRONZE SCULPTURE FROM THE ARTS FOUNDATION OF FARMERS BRANCH TO THE MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Carolyn Rodgers represented the Arts Foundation and presented the artwork to the Council. The Arts Foundation of Farmers Branch is donating a life-sized bronze statue of a young boy reading in a rocking chair to the Manske Library. The statue was created by Gary Price and is named "Time Out Boy." A motion by Councilman Smith, seconded by Councilman Bird, all voting "aye," accepted the donation of statue from the Arts Foundation of Farmers Branch. A.4 CONSIDER ACCEPTANCE OF DONATIONS FROM STANLEY WORKS, INC., GLAZERS, INC., AND NORTH TEXAS TOLLWAY AUTHORITY TO THE PARKS AND RECREATION DEPARTMENT IN SUPPORT OF THE ANNUAL CHRISTMAS TREE LIGHTING EVENT AT THE FARMERS BRANCH HISTORICAL PARK AND TAKE APPROPRIATE ACTION. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," accepted the donations from Stanley Works, Inc., Glazer's, Inc., and the North Texas Tollway Authority. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 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. Volume 98, page 17 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 Robinson, seconded by Deputy Mayor Pro Tern O'Hare, all voting "aye," added agenda item CA to the Consent Agenda. A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," adopted the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 16, 2006. B.2 ADOPTED RESOLUTION NO. 2006-120 NOMINATING THE DELTA COMPANIES AS AN ENTERPRISE ZONE PROJECT. B.3 ADOPTED RESOLUTION NO. 2006-124 ACCEPTING THREE SANITARY SEWER EASEMENTS ON PROPERTIES ADDRESSED AS 3273 AND 3277 BRINCREST DRIVE AND 3140 BROOK HOLLOW DRIVE DEDICATED BY MR. AND MRS. TRAVIS HENDERSON, MR. AND MRS. GREGORY DIMIJIAN, AND MS. GAIL COPE, RESPECTIVELY, TO FACILITATE THE CONSTRUCTION OF EROSION PROTECTION IMPROVEMENTS FOR AN EXISTING SANITARY SEWER MAIN ALONG FARMERS BRANCH CREEK. B.4 ADOPTED RESOLUTION NO. 2006-122 ACCEPTING A FIVE-FOOT WIDE AERIAL EASEMENT FOR STREETLIGHT INSTALLATION DEDICATED BY MR. AND MRS. GORDON HIGHFILL OF 3821 BLUE TRACE LANE. B.5 ADOPTED RESOLUTION NO. 2006-126 AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMERCIAL LEASE AGREEMENT FOR THE LEASE OF THE CITY-OWNED FACILITY AT 500 HUFFINES BOULEVARD, LEWISVILLE, TEXAS WITH NORTEX MODULAR LEASING AND CONSTRUCTION COMPANY. B.6 ADOPTED RESOLUTION NO. 2006-121 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH METROPCS TEXAS, LLC FOR CERTAIN PROPERTY LOCATED AT 3725 VALLEY VIEW LANE. B.7 ADOPTED ORDINANCE NO. 2880 APPROVING THE REQUEST FROM METROPCS FOR A SPECIFIC USE PERMIT TO COLLOCATE Volume 98, page 18 A SIX-PANEL CELLULAR ANTENNA SYSTEM ON THE FARMERS BRANCH WATER TOWER LOCATED ON APPROXIMATELY 6.01 ACRES AT 3725 VALLEY VIEW LANE, GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE AND EAST OF MARSH LANE WITHIN THE ONE FAMILY RESIDENCE DISTRICT- 2 ZONING DISTRICT. ORDINANCE NO. 2880 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT TO COLLOCATE A SIX-PANEL CELLULAR COMMUNICATIONS ANTENNA SYSTEM ON THE CITY OF FARMERS BRANCH WATER TOWER LOCATED ON APPROXIMATELY 6.01 ACRES AT 3725 VALLEY VIEW LANE, GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE AND EAST OF MARSH LANE WITHIN THE ONE FAMILY RESIDENCE DISTRICT-2 (R-2) ZONING DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. B.8 ADOPTED RESOLUTION NO. 2006-117 AWARDING THE BID FOR THE 2006-2007 SUPPLY OF ASPHALT TO AUSTIN ASPHALT FOR A UNIT PRICE OF $41.00 PER TON. CA ADOPTED RESOLUTION NO. 2006-119 APPROVING THE REQUEST FROM RICHARD BUSBY ON BEHALF OF CARLYLE HERITAGE, L.P. AND CARLYLE HERITAGE II, L.P. FOR CONCEPT PLAN APPROVAL FOR THE EXISTING HERITAGE SQUARE OFFICE DEVELOPMENT, APPROXIMATELY 11.8 ACRES LOCATED AT 4835 AND 5001 LBJ FREEWAY WITHIN PLANNED DEVELOPMENT NO. 84 ZONING DISTRICT. C.0 MAYOR PHELPS RECOGNIZED STATE REPRESENTATIVES RAPHAEL ANCHIA AND ROBERTO ALONZO WHO WERE IN THE AUDIENCE. Representative Raphael Anchia complimented the City Council for giving the immigration issue a lot of consideration. He asked the Council to look at both sides of the controversy. Mr. Anchia also stated that the Federal Government would be acting on the immigration issue in the near future. Volume 98, page 19 Representative Roberto Alonzo stated this issue should be decided at the national level not the State or local government level. He thanked the Council for allowing him to speak. C.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2889 APPROVING THE REQUEST BY CHANDLER SIGNS ON BEHALF OF SMC HOTELS, L.P. FOR A SPECIFIC USE PERMIT AMENDMENT TO ALLOW FOR MODIFICATIONS TO SIGNAGE FOR THE EXISTING MARRIOTT FAIRFIELD INN HOTEL LOCATED AT 13900 PARKSIDE CENTER BOULEVARD WITHIN THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting to amend the existing approved specific use permit and its associated site plan for the existing Marriott Fairfield Inn hotel to allow them to replace the existing signage with signs that reflect the hotel's updated name, Marriott Fairfield Inn and Suites, and logo. Signage consisting of internally illuminated box signs is proposed to replace the existing illuminated raised channel letter signage on three of the building's gables and on the two existing monument signs. The proposal also includes replacing the existing sign on the building's porte-cochere with new illuminated raised channel letters depicting the hotel's new name. The requested changes will decrease the hotel's total signage area by approximately 4 square feet. The two existing monument signs are located within utility easements at the northwest and south entries of the property and are proposed to remain in those locations. There are no hold-harmless agreements between the property owner and the City for these monument signs; therefore, the property owner shall submit hold-harmless agreements to allow the monument signs to remain within the easements subject to staff review and approval, prior to issuance of building permits for any of the proposed signs. The applicant is proposing no other changes and the proposal meets Planned Development Number 64 standards. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit including the associated site plan drawings with the following condition: 1. Prior to the issuance of a building permit for any of the proposed signs, the applicant shall submit hold harmless agreements for the two existing monument signs located within utility easements at the northwest and south entries of the property, subject to review and approval by staff. Mayor Phelps opened the public hearing. Volume 98, page 20 Jana Catron, 13900 Parkside Center Blvd., stated the hold harmless agreement was submitted and approved. Mark Jackson, 3201 Manor Way, Dallas, Texas, with Chandler Signs stated he would be available to answer questions the Council may have. A motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," closed the public hearing. There being no further discussion, a motion by Deputy Mayor Pro Tern O'Hare, seconded by Mayor Pro Tern Robinson, all voting "aye," adopted the following captioned Ordinance No. 2889 approving the proposed specific use permit amendment including the associated site plan drawings with the condition as recommended by the Planning and Zoning Commission. ORDINANCE NUMBER 2889 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING AN AMENDMENT TO AN EXISTING SPECIFIC USE PERMIT TO ALLOW FOR SIGN MODIFICATIONS FOR 2.179 ACRES LOCATED AT 13900 PARKSIDE CENTER BOULEVARD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) ZONING DISTRICT; AMENDING ORDINANCE 2343; 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.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF FNP AMERICA ADDITION BEING A REPLAT OF LOT 1, VALWOOD DISTRIBUTION WAY INDUSTRIAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed FNP America Addition is a 0.51-acre site at 2422 Valwood Parkway, which is located at the southeast corner of Valwood Parkway and Distribution Way, and is owned by FNP America, Inc. A new convenience store with gas facilities is being constructed to replace the existing gas station. The owner has proposed the FNP America Addition final plat, which is a replat of Lot 1, Valwood Distribution Way Industrial Park, to dedicate a 5-foot sidewalk and utility easement adjacent to Valwood Parkway and Distribution Way. The Volume 98, page 21 proposed plat is consistent with the site plan administratively approved on October 3, 2006. The plat is consistent with the Texas Local Government Code and with City requirements for a final plat. 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 and Zoning Commission recommends approval of the Final Plat of FNP America Addition. Mayor Phelps opened the public hearing. A motion by Councilman Bird, seconded by Councilman Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting `aye," approved the proposed FNP America Addition. C.3 PUBLIC HEARING: CONSIDER REQUEST TO APPROVE A REVISED FINAL PLAT OF CAMBRIDGE CROSSING AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Alpha Road Partners, Ltd. is requesting a revision to the final plat of Cambridge Crossing, which was approved by City Council on June 12, 2006. The property is an 11.9-acre site at the northwest corner of Sigma Road and Alpha Road and is a town home residential development consisting of 184 lots. The project is currently under construction. The owner desires a revision of the plat to: Show easement dedications for other public utilities, such as electricity; Relocate water easements for minor adjustments in fire hydrant locations; and Provide additional utility and water easements omitted from the original plat. The proposed revised Final Plat of Cambridge Crossing reflects the aforementioned changes, which do not adversely affect the project. 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 revised plat is consistent with the Texas Local Government Code and with City requirements for final plat approval. Volume 98, page 22 The Planning and Zoning Commission recommends approving the revised Final Plat of Cambridge Crossing. Mayor Phelps opened the public hearing. A motion by Councilman Smith, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Robinson, all voting "aye," approved the proposed revised Final Plat of Cambridge Crossing. CA CONSENT. C.5 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF CARLYLE HERITAGE BEING A REPLAT OF LOT 1, BLOCK A HERITAGE SQUARE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Carlyle Heritage plat is an 11.8-acre site consisting of two existing high-rise office buildings and parking structures and is located generally at the northwest corner of LBJ Freeway and Inwood Road/Dallas North Tollway. The owners of the property are Carlyle Heritage, L.P. and Carlyle Heritage II, L.P. and have requested the replat of Lot 1, Block A of the Heritage Square Addition to subdivide one lot into two lots for ownership purposes. The proposed Carlyle Heritage Addition creates one 6.52-acre lot, one 5.34-acre lot and dedicates fire lanes, water, telephone, and private storm sewer easements. The subject property is zoned Planned Development No. 84 (PD-84) zoning district, which requires approval of a concept plan prior to the property being replatted. For existing development, the purpose of the concept plan is to verify zoning compliance for each proposed lot. Approval of the proposed plat is contingent upon approval of the companion concept plan agenda item which is on this City Council meeting's consent agenda. Carlyle Heritage Addition is consistent with the Texas Local Government Code and with City requirements for a final plat. 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. Volume 98, page 23 The Planning and Zoning Commission recommends approval of the proposed Final Plat of Carlyle Heritage. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," closed the public hearing. A motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting "aye," approved the proposed Final Plat of Carlyle Heritage. C.6 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2891 APPROVING THE REQUEST FROM WOODMONT COMPANIES TO CHANGE THE ZONING ON APPROXIMATELY 7.18 ACRES ADDRESSED AS 4825 LBJ FREEWAY AND GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF LBJ FREEWAY AND THE DALLAS NORTH TOLLWAY, FROM PLANNED DEVELOPMENT NO. 84 ZONING DISTRICT TO PLANNED DEVELOPMENT NO. 89 ZONING DISTRICT, ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS AND PROCESSES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant intends to develop a four-story, urban-style multi-family residential project. The existing Planned Development No. 84 zoning district primarily contemplates office, hotel and automobile dealerships as principal uses. Residential uses are allowed as supporting uses. The proposed Ordinance No. 2891 will allow residential as a principal use in a pedestrian-friendly urban format that allows buildings to be placed closer to the sidewalks and streets and allows for a streamlined development process. Additionally, the ordinance provides for the elimination of automobile dealerships as a principal use at such time when permits are issued for residential development for the subject property. Approval of Ordinance No. 2891 is required prior to consideration of the companion site plan for the proposed residential development on this same meeting agenda. The Planning and Zoning Commission voted unanimously to recommend approval of Ordinance No. 2891 approving the rezoning request. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. Volume 98, page 24 There being no further discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2891 approving the rezoning request. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY REZONING A PORTION OF PLANNED DEVELOPMENT NUMBER 84 (PD-84) ZONING DISTRICT TO PLANNED DEVELOPMENT NUMBER 89 (PD-89) ZONING DISTRICT INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS AND PROCESSES; AN APPROXIMATE 7.18-ACRE TRACT LOCATED AT 4825 LBJ FREEWAY (I1-1-635), GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF LBJ FREEWAY (IH-635) AND THE DALLAS NORTH TOLLWAY; REPEALING IN ITS ENTIRETY ORDINANCE NUMBER 2589 AS IT PERTAINS TO THE SUBJECT PROPERTY ONLY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.7 CONSIDER ADOPTING RESOLUTION NO. 2006-118 APPROVING THE REQUEST FROM WOODMONT COMPANIES FOR SITE PLAN APPROVAL OF A MULTI-FAMILY RESIDENTIAL DEVELOPMENT ON AN APPROXIMATE 7.18-ACRE TRACT LOCATED AT 4825 LBJ FREEWAY, GENERALLY NORTHWEST OF THE INTERSECTION OF LBJ FREEWAY AND DALLAS NORTH TOLLWAY WITHIN THE PLANNED DEVELOPMENT NO. 89 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is located generally northwest of the intersection of LBJ Freeway and the Dallas North Tollway, behind the Wyndham Dallas North hotel. A parking lot currently occupies a portion of the property. Consideration of this request is contingent upon approval of an associated request by the same applicant to rezone the subject property from Planned Development No. 84 to Planned Development No. 89. The rezoning request is also being considered on this same meeting agenda. The applicant seeks site plan approval for a four-story, urban style, multi-family residential development consisting of approximately 328 units configured around an interior structured parking garage. The proposed development incorporates characteristics typical of urban style developments including: higher density; Volume 98, page 25 reduced building setbacks; street trees; design emphasis placed on the public street space; wider sidewalks; on-street parking; and structured parking. The proposed site plan also provides for completion of the street system in the area. It includes a north/south street, Galleria Place, along the east side of the development and an east/west street, the extension of McEwen Road/Galleria Drive, along the north and west sides of the development. Both streets satisfy the requirements of the Master Thoroughfare Plan and the street alignment plans associated with the proposed rezoning and the existing zoning on the neighboring property to the east. The Planning and Zoning Commission voted unanimously to recommend approval of the proposed site plan with the following conditions: 1. Prior to issuance of a building permit, the subject property shall be replatted including dedicating necessary rights-of-way and easements, as determined by the City Engineer. 2. Prior to issuance of a building permit, the property owner shall obtain approval from staff for the following items: detailed fence design; detailed building elevation drawings; detailed signage; and location of transformer and other above ground utilities, as well as related screening. 3. Prior to issuance of any permits for exterior lighting installation, the property owner shall submit a photometric plan subject to review and approval by staff. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tern O'Hare, seconded by Mayor Pro Tern Robinson, all voting "aye," closed the public hearing. There being no further discussion, a motion by Deputy Mayor Pro Tern O'Hare, seconded by Mayor Pro Tern Robinson, all voting "aye," adopted Resolution No. 2006-118 approving the site plan with the conditions as recommended by the Planning and Zoning Commission. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. C.9 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," moved that agenda item C.9 be heard at this time. Volume 98, page 26 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 staff was present to discuss this item with the City Council. E.3 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss city manager recruitment and set special meeting dates. Mayor Phelps stated the City Council was updated on the city manager recruitment process. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071(1) Consult with city attorney on proposed ordinances, resolutions, policies, and other issues related to English language proclamation, illegal immigration, business licensing, and rental licensing. Consultation with city attorney on matters in which the duty of the city attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code-Texas Government Code 551.071(2) (English language proclamation, illegal immigration regulations, business licensing, and rental licensing). A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted the issue of Immigration and Nationality Act Sect. 287(g), that the City Manager be directed to pursue entering into a memorandum of understanding with Immigration and Customs Enforcement to participate in the 287(g) detention program, specifically addressing criminal aliens in custody for other charges. Mayor Phelps read into the record Resolution No. 2006-130 in its entirety. RESOLUTION NO. 2006-130 RESOLUTION DECLARING ENGLISH AS THE OFFICIAL LANGUAGE OF THE CITY OF FARMERS BRANCH. Volume 98, page 27 WHEREAS, the English language is the common language of the City of Farmers Branch, of the State of Texas and of the United States; and WHEREAS, the use of a common language removes barriers of misunderstanding and helps to unify the people of Farmers Branch, this State and the United States, and helps to enable the full economic and civic participation of all of its citizens, regardless of national origin, creed, race or other characteristics, and thus a compelling governmental interest exists in promoting, preserving, and strengthening the use of the English language; and WHEREAS, proficiency in the English language, as well as in languages other than the English language, benefits Farmers Branch both economically and culturally and should be encouraged; and WHEREAS, in addition to any other ways to promote proficiency in the English language, the City of Farmers Branch can promote proficiency in English by using the English language in its official actions and through activities such as supporting and enhancing English language usage, grammar, and literature programs and studies in its public library and other programs of the City; and WHEREAS, in today's society, Farmers Branch may also need to protect and preserve the rights of those who speak only the English language to use or obtain governmental programs and benefits; and WHEREAS, the City of Farmers Branch can reduce costs and promote efficiency, in its roles as employer and as a government accountable to the people, by using the English language in its official actions and activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. ADOPTION OF FINDINGS That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Volume 98, page 28 0 1 J SECTION 2. OFFICIAL ENGLISH DECLARATION a. The English language is hereby declared the Official Language of the City of Farmers Branch, Texas. b. The City Council of Farmers Branch, the City Manager and the employees of the City of Farmers Branch shall take all steps necessary to ensure that the role of English as the common language of Farmers Branch is preserved and enhanced. C. The City Council of Farmers Branch, the City Manager and the employees of the City of Farmers Branch shall make no ORDINANCE or adopt any POLICY, which diminishes or ignores the role of English as the common language of Farmers Branch. d. Except as otherwise allowed herein, or required by law or business efficiency, official actions of the City of Farmers Branch which bind or commit the City of Farmers Branch or which give the appearance of presenting the official views or position of the City of Farmers Branch shall be taken in the English language, and in no other language. Unofficial or non-binding translations or explanations of official actions may be provided separately in languages other than English, if they are appropriately labeled as such and reference is made to a method to obtain the official action; unless otherwise required by federal or state law, no person has a right to such an unofficial or non-binding translation or explanation, and no liability or commitment of the City of Farmers Branch shall be based on such a translation or explanation. e. No ordinance, decree, program, or policy of the City of Farmers Branch or any of its subdivisions, shall require the use of any language other than English for any documents, regulations, orders, transactions, proceedings, meetings, programs, or publications, except as provided in Section 3. £ A person who speaks only the English language shall be eligible to participate in all programs and opportunities, including employment, provided by the City of Farmers Branch and its subdivisions, except when required to speak another language as provided in Section 3. g. No law, ordinance, decree, program, or policy of the City of Farmers Branch or any of its subdivisions shall penalize or impair the rights, obligations or opportunities available to any person solely because a person speaks only the English language. SECTION 3. EXCEPTIONS Volume 98, page 29 The City of Farmers Branch and its subdivisions may use a language other than English for any of the following purposes, whether or not the use would be considered part of an official action: a. To teach or encourage the learning of languages other than English; b. To protect and promote the public health, sanitation and public safety; C. To teach English to those who are not fluent in the language; d. To comply with the Native American Languages Act, the Individuals with Disabilities Education Act, the Voting Rights Act, or any other federal or state law; e. To protect the rights of criminal defendants and victims of crime; f. To promote trade, commerce, and tourism; g. To collect payments, fines, or other financial obligation due and payable to the City; h. To create or promote mottos or designations, inscribe public monuments, and perform other acts involving the customary use of a language other than English; and i. To utilize terms of art or terms or phrases from other languages which are commonly used in communications otherwise in English. j. Printed materials, signage, or other materials or documents of the City printed in languages other than English at the time of the adoption of this resolution and not otherwise excepted in this Section 3 shall not be discarded or reprinted in English only at the additional cost and expense of the taxpayers of the City until the materials have been exhausted or until they have become otherwise obsolete. SECTION 4. PRIVATE USE PROTECTED The declaration and use of English as the official language of the City of Farmers Branch should not be construed as infringing upon the rights of any person to use a language other than English in private communications or actions, including the right of government employees and officials (including elected officials) to communicate with others. SECTION 5. SEVERABILITY If any provision of this resolution, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this resolution shall not be affected and shall be given effect to the fullest extent practicable. SECTION 6. FEDERAL AND STATE PREEMPTION Volume 98, page 30 Nothing in this resolution shall be interpreted as conflicting with the statutes of the United States or the laws of this State. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 13`h day of November, 2006 A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-130. Mayor Phelps read into the record Ordinance No. 2892 in its entirety. CITY OF FARMERS BRANCH ORDINANCE NO. 2892 AN ORDINANCE AMENDING CHAPTER 26, BUSINESSES, ARTICLE IV APARTMENT COMPLEX RENTAL, MANDATING A CITIZENSHIP CERTIFICATION REQUIREMENT PURSUANT TO 24 CFR 5 ET SEQ.; PROVIDING FOR ENFORCEMENT; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, in response to the widespread concern of future terrorist attacks following the events of September 11, 2001, landlords and property managers throughout the country have been developing new security procedures to protect their buildings and residents; and WHEREAS, the Fair Housing Act prohibits discrimination because of race, color, religion, sex, national origin, disability, and familial status in most housing related transactions and further makes it unlawful to indicate any preference or limitation on these bases when advertising the sale or rental of a dwelling; and WHEREAS, the U.S. Department of Housing and Urban Development regulations stipulate that rental tenants must submit evidence of citizenship or immigration status consistent with 24 CFR 5, et seq.; and WHEREAS, the Fair Housing Act does not prohibit distinctions based solely on a person's citizenship status; and Volume 98, page 31 WHEREAS, 24 CFR 5, et seq. provides for a uniform and non- discriminatory certification process for citizenship and immigration status; and WHEREAS, the HUD certification process has been in place for many years, and is currently in use; and WHEREAS, the City was previously dismissed from the Walker litigation upon agreeing to participate in HUD's Section 8 housing program; and WHEREAS, the HUD certification process for citizenship and immigration status applies to HUD's Section 8 program; and WHEREAS, the City Council finds and determines that the benefits and protections provided through the HUD citizenship and immigration status certification processes would also benefit the City; and WHEREAS, the City of Farmers Branch is authorized to adopt ordinances pursuant to its police power to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Farmers Branch has determined that it is a necessity to adopt citizenship and immigration certification requirements for apartment complexes to safeguard the public, consistent with the provisions of 24 CFR 5, et seq.; and WHEREAS, the City intends to adopt these provisions on a pilot basis for apartment complex rentals; and WHEREAS, Section 26-118 of the Code of Ordinances provides for an appeal process that provides adequate due process; and WHEREAS, the City will evaluate the success of these provisions within 180 days of the date this Ordinance goes into effect to consider their revision and/or expansion, including but not limited to the coverage of single family rental units and non-rental residential units; and WHEREAS, the provisions adopted herein shall be applied uniformly and in a nondiscriminatory manner, and the application of these provisions must not differ based on a person's race, religion, or national origin; and WHEREAS, the City of Farmers Branch is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and Volume 98, page 32 WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Texas Open Meetings Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Farmers Branch. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: That the following ordinance shall be approved and passed into law and duly codified in the City's Code of Ordinances: Section 1: That all matters stated hereinabove are found to be true and correct and are incorporated into the body of this Ordinance by reference as if copied in their entirety. Section 2: Chapter 26, Businesses, Article IV, Apartment Complex Rental, is hereby amended as follows: A. Section 26-116(d)(3)is hereby amended by the addition of the following: "(c) Proof of compliance with the provisions of 26- 116(f)." B. Section 26-116, License Standards, is hereby amended by the addition of the following: "(f). Citizenship or Immigration Status Verification (1) Definitions The following definitions, consistent with 24 CFR 5.504, are hereby adopted as part of this subsection: Citizen means a citizen or national of the United States. Evidence of citizenship or eligible status means the documents which must be submitted to evidence citizenship or eligible immigration status. Volume 98, page 33 Head of household means the adult member of the family who is the head of the household for purpose of determining income eligibility and rent. Noncitizen means a person who is neither a citizen nor national of the United States. (2) The owner and/or property manager shall require as a prerequisite to entering into any lease or rental arrangement, including any lease or rental renewals or extensions, the submission of evidence of citizenship or eligible immigration status for each tenant family consistent with subsection (3). (3) Evidence of citizenship or eligible immigration status. Each family member, regardless of age, must submit the following evidence to the owner and/or property manager. i. For U.S. citizens or U.S. nationals, the evidence consists of a signed declaration of U.S. citizenship or U.S. nationality. The verification of the declaration shall be confirmed by requiring presentation of a United States passport or other appropriate documentation in a form designated by the Immigration and Customs Enforcement Department ("ICE") as acceptable evidence of citizenship status. ii. For all other noncitizens, the evidence consists of: a. A signed declaration of eligible immigration status; b. A form designated by the Immigration and Customs Enforcement Department ("ICE") as acceptable evidence of immigration status; and c. A signed verification consent form. (4) General. i. The owner and/or property manager shall request and review original documents of eligible citizenship or immigration status. The owner and/or property manager shall retain photocopies of the documents for its own records and return the original documents to the family. Copies shall be retained by the owner and/or property manager for a period of not less than two (2) years after the end of the family's lease or rental. ii. For each family member, the family shall be required to submit evidence of citizenship or immigration status only once during continuous occupancy. The owner and/or property manager is prohibited from allowing the occupancy of any unit by any Volume 98, page 34 family, which has not submitted the required evidence of citizenship or eligible immigration status under this Section. iii. These provisions shall be applied uniformly and in a nondiscriminatory manner. The owner and/or property manager's application of these provisions must not differ based on the person's race, color, religion, sex, national origin, disability, or familial status. iv. These provisions shall not impair any existing lease or rental agreement, and shall apply only to a lease or rental agreement or extension entered into after the effective date of this ordinance. V. A rebuttable presumption is hereby created that the tenant is either a citizen or a documented alien upon the tenant presenting either signed Declaration of U.S. Citizenship or U.S. Nationality and a United States passport or other appropriate documentation in a form designated by ICE as acceptable evidence of citizenship status, or by a non-citizen presenting a signed Declaration of Eligible Immigration Status and a form designated by ICE as acceptable evidence of immigration status." Section 3: If any section, paragraph, subdivision, clause or phrase of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of any provision thereof other than the part so decided to be invalid or unconstitutional. The sole intention of this Ordinance and the exercise of the police power of the City is for the purposes of assisting the United States Government in its enforcement of the Federal Immigration Laws and not an attempt or effort to promulgate new and additional Immigration Laws or to conflict in any manner with the Federal Government's promulgation and enforcement of Immigration Laws. Section 4: Penalty: That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5: The City shall distribute a copy of this Ordinance to the owner and/or property manager of all existing apartment complexes in the City. The ordinance shall become effective on the 12`h day of January, 2007, sixty (60) days from the date of approval. Volume 98, page 35 Section 6. The fact that the present ordinances and regulations of the City of Farmers Branch, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency, which requires that, this ordinance become effective as provided for herein, and it is accordingly so ordained. A motion by Deputy Mayor Pro Tem O'Hare, seconded by Mayor Pro Tem Robinson, all voting "aye," adopted Ordinance No. 2892 with effective date beginning January 12, 2007. C.8 PUBLIC COMMENTS FROM FARMERS BRANCH RESIDENTS. Linda Haddock, 3028 Selma Lane, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. David Koch, Farmers Branch, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Matt Burton, Farmers Branch, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Rose Brunner, 3225 Damascus Way, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Joan Holliday, 14424 Hague, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. John Dodd, 12920 Mitchwin Road, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Robin Bernier, 13830 Heartside Place, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Liz Bizz, 13545 Heartside Place, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Ruth Burton, Farmers Branch, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Ed Bonneau, 2710 Farmers Branch Lane, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Joe Wells, 2750 Leta Mae Circle, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Volume 98, page 36 Susan Lloyd, 2942 Marsanna, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Tom Bohmier, 14506 Oakmont Drive, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Jim Subject, 2949 Primrose, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Luis de la Garza, 3125 Brookhollow, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Tony Salerno, 2519 Danny Lane, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Howard Richardson, 2660 Leta Mae, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Doug Crabtree, 2812 Lineville Drive, #102F, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Hipilito G., 12905 Wilmington, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Luke, 2479 Deer Run, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Randy Hayes, 14413 Dennis Lane, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Harold Froehlick, 13831 Braemar, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Guillermo Ramos, 13716 Pyramid, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Toya Rash, 3347 Longmeade, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Becky Fisher, 13935 Stardust, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Vernon Smith, 2715 Bay Meadows Circle, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Volume 98, page 37 Joe Reynolds, 12117 Brisbane Ave, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Kathleen Matsumura, 3938 Clubway Lane, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Elizabeth Villafranco, 13260 Josey, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Jamie Jewel, 2771 Bay Meadows Circle, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Jan Garle, 2973 N. Sunbeck Circle, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Angela Rimine, 13425 Janwood, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Michael Bend, 2300 Valley View, Suite 200, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Salvador Parada, 12904 Harrisburg, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Sue Bucy, 2726 Golfing Green Drive, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. D.l CONSIDER ADOPTING ORDINANCE NO. 2893 AMENDING THE PROPERTY MAINTENANCE SECTION OF THE CODE OF ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In order to maintain the health, safety, general welfare and property values in the community, the City Council recently engaged several initiatives regarding redevelopment, revitalization and property maintenance. Following a presentation and tour of the neighborhoods, the City Council suggested several amendments to the property maintenance provisions of the Code of Ordinances. Ordinance Number 2893 is proposed to amend the property maintenance provisions of the Code as follows: Amend Section 56-81 (f), (3) to establish that trees, shrubs or plants that have lost more than 75% of their living foliage be considered dead and that they be dealt with in accordance with the code. Amend Section 56-81 (h), (1) to lower the height at which grass and weeds will be considered in violation from 12 inches to 8 inches. Amend Section 56-81 (h), (4) to require that landscaped areas in the front yard be provided with enough water to maintain the landscaping in a living condition. Volume 98, page 38 Add Section 56-81 (p), (17) to require that flower pots and other landscape receptacles in the front yard have living plants and do not create a health or safety hazard. Amend Section 56-82 (f) to ensure that roof repairs are performed in a workmanship manner and that the repair matches the existing roof material. Add Section 56-82 (r) to require the exterior of a structure to be kept clean and free of dirt, grime, filth, mold, mildew or other matter which would constitute a nuisance. Add Section 56-141 (1) to allow fitted vehicle covers on vehicles stored on private property provided the vehicle can be determined to be in operable condition. Staff recommends adoption of Ordinance No. 2893 amending the property maintenance section of the code of ordinances. There being no discussion, a motion by Councilman Bird, seconded by Councilman Smith, all voting "aye," adopted the following captioned Ordinance 2893 amending the property maintenance section of the Code of Ordinances. ORDINANCE NO. 2893 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 56 "PROPERTY MAINTENANCE," ARTICLE II "HEALTH AND SAFETY REQUIREMENTS," SECTIONS 56-81 & 56-82 AND ARTICLE III "PARKING OF VEHICLES ON PRIVATE PROPERTY" SECTION 56-141 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.2 CONSIDER ADOPTING RESOLUTION NO. 2006-116 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF REFUSE SACKS FOR THE PUBLIC WORKS DEPARTMENT TO DURO BAG MFG., CO. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the purchase of the annual supply of paper refuse sacks were mailed to five vendors. Two bids were received and opened on October 24, 2006. Duro Bag Manufacturing. Company submitted the low bid meeting specifications for one-ply recycled and one-ply natural paper, in the amount of $.288 cents per sack, for a total bid of $237,600. The alternate bid item was for a sack constructed with two plies of 100% natural paper. Altivity Packaging submitted the only bid for the alternate item and the difference in price for the estimated quantity of 825,000 sacks is Volume 98, page 39 $66.00 more. The use of the recycled materials in the Duro Bag Manufacturing Company's product also benefits the environment. Staff recommends that Duro Bag Manufacturing Company be awarded the refuse sack bid for sacks made of one-ply recycled paper and one-ply natural paper. This contract will be for a one-year period. Funds in the amount of $272,200 are budgeted in the Public Works operating budget for this purchase of $237,600 and the additional costs for equipment and labor for delivery to the residents. Any additional monies remaining of the budgeted $272,200 will be used for purchasing additional sacks throughout the year as the residents purchase additional sacks. The 2005-2006 annual supply of refuse sacks were also purchased from Duro Bag Mfg. at $.244 each and performed satisfactorily. There being no discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2006-116 awarding the bid for one-ply recycled paper and one-ply natural paper refuse sacks to Duro Bag Manufacturing Company for a unit price of $.288 per sack in the amount not to exceed $255,750.00. D.3 CONSIDER ADOPTING RESOLUTION NO. 2006-115 AWARDING THE BID FOR THE 2006-2007 SUPPLY OF READY-MIX CONCRETE TO REDI MIX CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Requests for bids for the 2006-2007 supply of ready-mix concrete to be used by the Public Works Department and Parks & Recreation Department were mailed to four vendors. One bid was received and opened on October 24, 2006. The only bid received meeting specifications was from Redi Mix Concrete in the amount of $124,425. One of the vendors had gone out of business and the two remaining vendors did not submit bids. If awarded, this contract will be for a one-year period, with an option for an additional one-year period, if agreeable to both parties. The bid price for ready- mix concrete picked up at the plant is $75.75 per cubic yard. Last year's price for ready-mix concrete picked up at the plant was $70.75 per cubic yard. The price increase is due to rising fuel, cement and materials costs. Bids are based on estimated quantities since the amount of materials ordered fluctuates each year. Purchases are made on an "as-needed" basis. Three area cities were polled and the average price for concrete picked up at the plant ranged from $75.00 per cubic yard to $83.00 per cubic yard. All three cities have an annual agreement with their suppliers and have an option for an additional one-year period, if agreeable to both parties. Volume 98, page 40 Funds in the amount of $110,000 are available in the 2006-2007 Public Works budget, and $15,000 from the 2006-2007 Parks and Recreation Department budget for this purchase. A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-115 awarding the bid for the purchase of the 2006-2007 supply of ready-mix concrete to Redi Mix Concrete. DA CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS, AND METROCREST HOSPITAL AUTHORITY, AND TAKE APPROPRIATE ACTION. THE FOLLOWING MEMBERS OF THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS HAVE TERMS THAT WILL EXPIRE ON DECEMBER 1, 2006. A motion by Deputy Mayor Pro Tern O'Hare, seconded by Councilman Smith, all voting aye," reappointed Clyde James, Ross Bumpass and Todd Betanzos to the Zoning Board of Adjustment and Building Code Board of Appeals. 1 A motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," approved Resolution No. 2006-123 reappointing Milburn Gravley and Paul Boumbulian to the Metrocrest Hospital Authority Board. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests or Council committee or organization reports. D.6 PUBLIC COMMENTS CONTINUED FROM NON-FARMERS BRANCH RESIDENTS. Lib Grimmitt, 3020 Country Square Drive, Irving spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Mark Chenault, 6240 Ravendale, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Mike Chenault, 6240 Ravendale, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Linda Burgley, 4632 Birkshire, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Volume 98, page 41 ~I F.2 Greg Roberts, P.O. Box 540035, Grand Prairie, spoke supporting the adoption of the resolution and the ordinance regarding illegal immigration. Syed Hassain, 601 Engleside, Arlington, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. F.B. Reyes, 7165 Deerfield Circle, Arlington, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Frances Rizo, spoke in opposition to the adoption of the resolution and the ordinance regarding illegal immigrants. Richard Sambrano, 3133 Golden Oak Court, Farmers Branch, Community Relations Services of the Justice Department, offered the services of the Justice Department. ADJOURNMENT. A motion by Councilman Smith, seconded by Mayor Pro Tem O'Hare, all voting "aye," adjourned the meeting at 9:37 p.m. L. Bob Phelps, Mayor Peters, City Secretary Volume 98, page 42