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2008-07-17 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, July 17, 2006 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Ben Robinson Tim O'Hare Charlie Bird Bill Moses Jim Smith The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Finance Director City Engineer Director of Public Works Director of Parks and Recreation Acting Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Matthew Boyle Cindee Peters John Roach Charles Cox Jerry Murawski Mark Pavageaux Jeff Fuller David Hale Kyle King Michael Spicer Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of July 17, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and Councilman Bird gave the pledge of allegiance. Volume 97, page 43 A.2 CONSIDER ACCEPTING A DONATION FROM WACHOVIA BANK THROUGH COMMUNITIES IN SCHOOLS DALLAS, INC. FOR THE FARMERS BRANCH ANIMAL SHELTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Communities In Schools Dallas, Inc., or CIS, was given a donation from Wachovia Bank for four of their school campuses. Farmers Branch is very proud that two of the four campuses chosen were Janie Stark and Farmers Branch Elementary Schools. The grant is from Wachovia Bank's "Building Leaders" Program that focuses on character building and leadership skills for children. The group of children from the two elementary schools visited City Hall June 19th and learned about city government by meeting with the City Manager in the Council Chambers before getting a close up look at a fire engine and a police squad car. As their community service project of the program, these fourth and fifth graders chose to help the Farmers Branch Animal Shelter. Their goal is to raise the awareness of the public for the need to adopt animals from the shelter. The students chose to spend the donation from Wachovia on items from the shelter's "Wish List," including a digital camera, blankets, nail clippers and a gift certificate from Wal-Mart. They are hoping other citizens may also choose to help with the "Wish List" if they are unable to adopt an animal. In addition to the donation, three of these students will spend four to six hours at the Animal Shelter performing additional community service. Betsy Amos Holland, Director of Development at Communities In Schools Dallas, Inc. and Melonie Baker, Wachovia Building Leaders Project Manager are in attendance to present the donation to the City. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," accepted the $250 donation from Wachovia Bank through Communities In Schools Dallas, Inc. to the Farmers Branch Animal Shelter. A.3 PRESENTATION OF CERTIFICATES TO CITY EMPLOYEES WHO HAVE VOLUNTEERED FOR ACTIVITIES IN THE CARROLLTON-FARMERS BRANCH ISD IN CONJUNCTION WITH COMMUNITIES IN SCHOOLS DALLAS, INC. Mayor Phelps presented the following information. The City encourages employees to volunteer in the City's mentoring program that works through Communities In Schools Dallas, Inc., or CIS. CIS has offices on campuses of four Farmers Branch schools and is a stay-in-school, crisis prevention and intervention program for students in grades Pre-K through 12. Employee mentors Volume 97, page 44 and tutors who value their communities will often transfer feelings of belonging and optimism about their community to students with whom they work. City employees take the time to care about our youth here in Farmers Branch by serving as mentors and tutors as well as chaperones for field trips, and judges for spelling bees and science fairs. These employees are in attendance this evening to receive their certificate. Mayor Phelps and City Manager Linda Groomer presented staff members Connie Stewart and Norman Reynolds of the Human Resources Department, Cassandra Coffey of the Library, Linda Klark, Meredith Woodard and Robin Edwards of the Parks and Recreation Department, Traci Leach and Melody Drake of the City Manager's Office with certifications for their volunteer activities in the Carrollton-Farmers Branch ISD in conjunction with Communities in Schools Dallas, Inc. Robert Carrera of the Parks and Recreation Department was not in attendance. A.4 CONSIDER ACCEPTING A DONATION FROM WAL-MART TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Wal-Mart Foundation wishes to make a donation of $2,000 to the Police Department on behalf of the local Farmers Branch Wal-Mart store located at 13307 Midway Road. This generous gift represents their appreciation to the Police Department for continued efforts to make Farmers Branch a safer place to live and work. The donation will be utilized by the Police Department to purchase additional Taser X26 less-lethal conducted energy weapons and associated training aids. This less-lethal technology gives the Department's officers another tool to assist them in their efforts to make Farmers Branch a safer community. Valesia Randle, Safety Coordinator at the Farmers Branch Wal-Mart store, presented the donation to Mayor Phelps and Acting Police Chief Hale. A motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," accepted the $2,000 donation from Wal-Mart to be used to purchase a Taser conducted energy weapon and associated training aids. A.5 PRESENTATION OF SERVICE AWARD - MICHAEL MARTIN OF THE ENGINEERING DEPARTMENT - 5 YEARS. Mayor Phelps presented a five-year employee service award to Michael Martin of the Engineering Department. A.6 PRESENTATION OF SERVICE AWARD - RANDALL WALHOOD OF THE ENGINEERING DEPARTMENT - 5 YEARS. Volume 97, page 45 Mayor Phelps presented a five-year employee service award to Randall Walhood of the Engineering Department. A.7 PRESENTATION OF SERVICE AWARD - MARTIN GARCIA OF THE PUBLIC WORKS DEPARTMENT - 25 YEARS. Mayor Phelps presented a twenty-five year employee service award to Martin Garcia of the Public Works Department. A.8 PRESENTATION OF SERVICE AWARD - DALE GRAY OF THE FIRE DEPARTMENT - 25 YEARS. Mayor Phelps presented a twenty-five year employee service award to Dale Gray of the Fire Department. A.9 PRESENTATION BY DR. SHARON BLACKMAN, PRESIDENT, BROOKHAVEN COLLEGE. Mayor Phelps presented the following information. Brookhaven College is an important educational partner with the City of Farmers Branch, as well as a valued asset of the City. Many new and innovative programs are taking place and being planned at our Farmers Branch campus. Dr. Sharon Blackman, President of Brookhaven College, gave a presentation regarding new programming, the status on the campus bond program, and recent events, honors and activities of the college. Announcement: Mayor Phelps read a letter from the office of Carole Strayhorn, Texas Comptroller of Public Accounts, dated June 23, 2006, regarding the Certificate of Recognition that the City received for its efforts and commitment to energy efficiency and improving air quality in the State of Texas. A.10 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.11 CONSIDER APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE, SENIOR ADVISORY BOARD, PARKS AND RECREATION BOARD AND THE SCHOOL COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Ms. Angie Mayo, Chair of the Community Watch Committee gave an overview of the Committee's activities and stated that "National Night Out," will be on Tuesday, August I" Volume 97, page 46 A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," appointed Sally Derrick, Jon Paula Ackley and Hal Cone to the Community Watch Committee. A motion by Councilman Moses, seconded by Mayor Pro Tern Robinson, all voting "aye," reappointed Rick Lyon, Hugh McWhorter, Katie Roberts, Don Brockman and Peggy Pyle to the Senior Advisory Board. A motion by Councilman Bird, seconded by Deputy Mayor Pro Tern O'Hare, moved Robert Davis to Place 1 and Jim Barrett to Alternate Place 1 on the Parks and Recreation Board. A.12 REPORT ON STUDY SESSION ITEMS. Mayor and City Council gave a brief summary of the items discussed in Study Session. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Robinson, seconded by Councilman O'Hare, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 12, 2006. B.2 ADOPTED RESOLUTION NO. 2006-069 ACCEPTING FIRE LANE AND WATER EASEMENTS DEDICATED BY THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT TO PROVIDE FOR THE CONSTRUCTION OF A HEAD START OF GREATER DALLAS FACILITY WITHIN THE BROOKHAVEN COLLEGE CAMPUS. B.3 ADOPTED RESOLUTION NO. 2006-062 APPROVING A MEMORANDUM OF UNDERSTANDING WITH PRIME INCOME ASSET MANAGEMENT RELATIVE TO MERCER CROSSING. B.4 ADOPTED RESOLUTION NO. 2006-068 APPROVING A LOCAL PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A TWO-LANE EASTBOUND FRONTAGE ROAD ALONG IH-635 FROM MIRA LAGO BOULEVARD TO LUNA ROAD. Volume 97, page 47 B.5 ADOPTED RESOLUTION NO. 2006-067 APPROVING CONTRACT WITH PHILLIPS SWAGER ASSOCIATES TO PERFORM UPDATES OF CONSTRUCTION DOCUMENTS FOR FIRE STATION NO. 3. B.6 ADOPTED ORDINANCE NO. 2869 AMENDING THE EXISTING TXU ELECTRIC FRANCHISE TO PROVIDE FOR A QUARTERLY FRANCHISE FEE PAYMENT. ORDINANCE NO. 2869 AMENDING THE EXISTING FRANCHISE ORDINANCE BETWEEN THE CITY OF FARMERS BRANCH AND TXU ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT SCHEDULE; PROVIDING AN EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR TXU ELECTRIC DELIVERY ACCEPTANCE; FINDING AND DETERMING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. B.7 ADOPTED ORDINANCE NO. 2870 DENYING ATMOS ENERGY'S INTENT TO INCREASE GAS UTILITY RATES AND CONSIDER ADOPTING ORDINANCE NO. 2871 DENYING ATMOS ENERGY'S GAS RELIABILITY INFRASTRUCTURE RATE. ORDINANCE NO. 2870 AN ORDINANCE OF THE CITY OF FARMERS BRANCH DENYING ATMOS ENERGY CORP., MID-TEX DIVISION'S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES IN THIS MUNICIPALITY; ORDERING ATMOS MID- TEX TO REIMBURSE THE CITY FOR ITS REASONABLE COSTS INCURRED IN RATEMAKING PROCEEDINGS OR APPEALS OF SAID PROCEEDINGS; AUTHORIZING THE ATMOS CITIES STEERING COMMITTEE TO ACT ON BEHALF OF THE CITY AND INTERVENE IN ANY PROCEEDINGS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES; REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Volume 97, page 48 ORDINANCE NO. 2871 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. B.8 ADOPTED ORDINANCE NO. 2867 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82- 95; PROHIBITING PARKING ALONG PORTIONS OF MCEWEN ROAD; REPEALING ORDINANCE NO. 2439. ORDINANCE NO. 2867 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 6, PARKING, SECTION 82-95, NO PARKING ZONES; REPEALING ORDINANCE NO. 2439 AND ANY CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. B.9 ADOPTED RESOLUTION NO. 2006-066 AWARDING A CONTRACT FOR ELECTRICAL REPAIR SERVICES FOR THE PARKS AND Volume 97, page 49 RECREATION AND PUBLIC WORKS DEPARTMENTS TO RICHARDSON READY ELECTRIC, INC. B.10 ADOPTED RESOLUTION NO. 2006-076 AUTHORIZING THE CITY MANAGER TO SIGN A PRODUCTION AGREEMENT WITH DATAPROSE, INC. FOR PRINTING AND MAILING UTILITY BILLS UTILIZING AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF PLANO, TEXAS. C.1 CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF TUESDAY MORNING BELTWOOD ADDITION BEING A REPLAT OF A PORTION OF BLOCK E BELTWOOD BUSINESS PARK, SECOND INSTALLMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Tuesday Morning Beltwood Addition, owned by Tuesday Morning Partners Ltd, is a 9.98-acre site located at 4404 Beltwood Parkway. The property is the site of Tuesday Morning Partners Warehouse Facilities. A 10-foot x 50-foot addition was constructed on the east side of the building and a new 24-foot fire lane easement needs to be dedicated. 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. Tuesday Morning Beltwood Addition is consistent with the Texas Local Government Code and with City requirements for a final plat. The Planning and Zoning Commission recommends approval of the proposed Final Plat of Tuesday Morning Beltwood Addition. Mayor Phelps opened the public hearing. No comments were received. A motion by Councilman Moses, seconded by Councilman Smith all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," approved the Final Plat of Tuesday Morning Beltwood Addition. C.3 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF LAGO VISTA WEST ADDITION BEING A REPLAT OF Volume 97, page 50 LOT 2, BLOCK A MIRA LAGO ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Lago Vista West Addition is a 19.316-acre site of undeveloped property south of IH635 and west of Luna Road and is owned by Luna Mira Lago, L.P. and Transcontinental Realty Investors, Inc. The owners have requested the replat of Lot 2, Block A of the Mira Lago Addition. The proposed Lago Vista West Addition will subdivide Block A into three lots and will dedicate easements and fire lanes on Lot 2. A four-story building consisting of first floor retail and office, three floors of apartments, and a parking garage is proposed for Lot 2. The building will be very similar to the nearby building presently under construction and scheduled to open this fall. A site plan was administratively approved April 6, 2006 for the development on Lot 2. The plat is consistent with an existing developer's contract that sets forth provisions relative to the development of the land, with the Texas Local Government Code, and with City requirements for a replat. 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. Planning and Zoning recommends approval of the proposed Lago Vista West Addition. Mayor Phelps opened the public hearing. No comments were presented. A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," approved the Lago Vista West Addition Final Plat. CA CONSIDER ADOPTING RESOLUTION NO. 2006-075 APPROVING THE REQUEST FROM RL LEMKE ON BEHALF OF TRANSCONTINENTAL REALTY INVESTORS FOR A SITE PLAN AMENDMENT TO ELIMINATE THE REQUIREMENT FOR A TOWER STRUCTURE AND AN EXCEPTION TO PARKING REQUIREMENTS FOR A MIXED-USE DEVELOPMENT LOCATED ON APPROXIMATELY 4.73 ACRES LOCATED WEST OF LUNA ROAD AND SOUTH OF THE LBJ FREEWAY AT 1580 LAGO VISTA EAST, WITHIN PLANNED DEVELOPMENT NO. 81 AND TAKE APPROPRIATE ACTION. Volume 97, page 51 Mayor Phelps presented the following information. The applicant seeks to amend the existing site plan, approved by the City Council on January 8, 2001, to delete the tower and request an exception to provide for 329 parking spaces in lieu of the 337 spaces required for a mixed-use building currently being constructed on the peninsula tract, south of LBJ Freeway and west of Luna Road. The applicant asserts that unifying the entire Mercer Crossing development, of which the Mira Lago development is a component, with consistent monumentation would better serve the development. The applicant is proposing to tie together the Mercer Crossing planned development with the use of vertical stone monuments, one of which is planned for the Mira Lago development near the future intersection of Mira Lago Boulevard at the IH-635 frontage road. The reason for the requested parking reduction is due to the type of construction method used for the parking garage - cast in-place versus pre-cast concrete. The garage support columns are larger than originally anticipated and ventilation hoods protrude into the garage thus encroaching parking spaces. The Planned Development No. 81 zoning district allows for exceptions to be considered as part of a site plan application and does not require a property hardship. The zoning allows for an application to demonstrate that the proposed exception will allow for equal or better results and represents the minimum modification to the development standard necessary. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed site plan. There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Robinson, all voting "aye," adopted Resolution 2006-075 approving a request from RL Lemke for site plan amendment to eliminate the requirement for a tower structure. D.1 CONSIDER ADOPTING RESOLUTION NO. 2006-078 EXPRESSING APPRECIATION TO MEMBERS OF CONGRESS FOR THEIR EFFORTS IN GAINING $700 MILLION IN FEDERAL FUNDING FOR THE DART RAIL LINE TO FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 3, 2006 officials of the U. S. Department of Transportation and DART announced the signing of a Full Funding Grant Agreement in the amount of $700 million dollars. The federal funding provided through this agreement will help fund the DART Southeast and Northwest Corridor light rail lines. The Northwest Corridor line will provide light rail service to Farmers Branch and is scheduled to be in service by 2010. Volume 97, page 52 Farmers Branch has worked with Senators Hutchison and Cornyn, Congressman Marchant, and other members of the Dallas area congressional delegation to ensure their support for the federal funding needed to keep the DART Northwest Corridor light rail project on schedule. The proposed resolution expresses the City's appreciation to Members of Congress for their efforts that have resulted in the award of the entire $700 million requested by DART. Staff recommends adopting Resolution No. 2006-078 expressing appreciation to members of Congress for their efforts in gaining $700 million in federal funding for the DART Rail Line to Farmers Branch. There being no discussion, a motion by Mayor Phelps, seconded by Councilmembers Bird, Moses, Smith, O'Hare and Robinson, adopted Resolution No. 2006-078 expressing appreciation to members of Congress. D.2 PRESENTATION REGARDING DROUGHT CONTINGENCY, WATER CONSERVATION AND REGIONAL WATER ISSUES. Mayor Phelps presented the following information. As a result of recent and continuing media coverage regarding water restrictions being put into effect by area cities, staff has been receiving an increasing number of calls and inquiries regarding the Farmers Branch drought contingency and water conservation programs. Assistant to the Public Works Director Margaret Somereve gave an informative presentation regarding regional drought and conservation programs and policies. D.3 CONSIDER ADOPTING RESOLUTION NO. 2006-070 AWARDING THE BID FOR PAVEMENT REPAIRS AT VARIOUS LOCATIONS TO LAUGHLEY BRIDGE & CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The work proposed in this contract is part of the 2005-2006 street resurfacing program and makes repairs to failed sections of concrete pavement on streets before they are resurfaced. These repairs provide a stable base on which to place the new riding surface. If awarded, this bid will complete repairs on twenty-four sections of streets to prepare them for resurfacing. The 2005-2006 street resurfacing program will overlay eleven lane miles of streets this fall. Five bids, all meeting specifications, were received and opened on June 28, 2006. Laughley Bridge & Construction, Inc. submitted the lowest bid in the amount of $734,975. Laughley Bridge & Construction, Inc. has completed this type of contract for other cities in the Metroplex and their work, and those cities report that performance was satisfactory. Volume 97, page 53 The contract is for a one-year period with an option for two additional one-year periods. If exercised, the contract provides that the additional renewal periods may increase in an amount not to exceed the increase in the Consumer's Price Index from the previous twelve-month period, but in any case may not exceed 5% per year. The street resurfacing program is budgeted in the Non-Bond Capital Improvement Fund. Funds in the amount of $750,000 are available for the preliminary concrete repairs. The Director of Public Works and the City Engineer recommend adopting Resolution No. 2006-070, awarding the bid for pavement repairs at various locations to Laughley Bridge & Construction, Inc. in the amount $734,975, for a one-year period with an option for two additional one-year periods. There being no discussion, a motion by Mayor Pro Tern Robinson, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted Resolution No. 2006- 070 awarding the bid for pavement repairs. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests, Council committee or organizational reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL STUDY SESSION MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT THE DOUBLETREE CLUB HOTEL AT 3:06 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 4:35 P.M. PRIOR TO THE REGULAR CITY COUNCIL MEETING AT 6:30 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Volume 97, page 54 Mayor Phelps stated staff was present to discuss these items with City Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss lease agreement for soccer complex near Keenan Bridge Road. Discuss Farmers Branch Keenan Cemetery. Discuss land sale, purchase, trade or lease of properties in the DART Station area located in Farmers Branch, Texas. Mayor Phelps stated 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 explained the City Council was updated on the items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Bird, all voting "aye," adjourned the City Council meeting of July 17, 2006 at 7:55 m. U a2' Bob Phelps, M or Cindee Peters, City Secretary Volume 97, page 55