2007-01-17 CC Minutes
City of Farmers Branch
City Council Special Meeting
Agenda
City Hall Plaza
Study Session Room
13000 William Dodson Parkway
Farmers Branch, Texas
Wednesday, January 17, 2007
4:00 p.m.
The following members of the City Council were present:
Mayor Bob Phelps
Councilmembers: Ben Robinson
Bill Moses
Charlie Bird
Tim O'Hare
Jim Smith
The following members of City Staff were present:
City Manager Linda Groomer
Assistant City Manager Greg Vick
City Attorney John Boyle
City Attorney Matthew Boyle
City Attorney Kristy Orr
City Secretary Cindee Peters
Mayor Phelps opened the meeting at 4:00 p.m. and then started the executive session at 4:01 p.m.
Executive Session
E.1 The meeting will reconvene into general session after the items have been discussed in
the executive session to consider any necessary action. The City Council may recess and
reconvene periodically during the course of this meeting. 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.
Discuss personnel matter - Texas Government Code 551.074.
Discuss city manager recruitment and employment agreement.
Discuss pending and contemplated litigation - Texas Government Code Section 551.071.
Volume 98, page 87
Guillermo Ramos vs. Farmers Branch, et al. (Cause No. 06-12227)
In Re Guillermo Ramos, Relator (No. 05-06-01685-CV)
Alfredo Vasquez, Ramiro Perez, et al. v. Farmers Branch
(No. 3-06CV2376-R)
Villas at Parkside Partners d/b/a Villas at Parkside, et al. v. Farmers
Branch, et al. (No. 3-06CV2371-L)
Elizabeth Barrietos, Raymundo Foertes, et al. v. Farmers Branch (No. 3 -07CV0061 -G)
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) (illegal immigration regulations, and apartment
complex rental licensing).
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. SPECIAL SESSION.
MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE
SESSION AT 4:01 P.M. AND THEN CONCLUDED AT 5:27 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.
The council reconvenes into general session.
Councilman Bird asked in order to pass an Ordinance, would it take three favorable votes. City
Attorney Matthew Boyle stated it would take three favorable votes to adopt an ordinance.
Councilman Robinson asked if a revised ordinance would change the original ordinance.
City Attorney Matthew Boyle stated a revised ordinance would include additional information
and provisions.
Councilman O'Hare asked a question concerning the impact of passing the proposed ordinance
on possible temporary retraining orders. City Attorney Matthew Boyle stated he could not give
attorney client privileged legal advice in open session.
F.1 Consider necessary action on items discussed in the Executive Session.
Mayor Phelps called for necessary action on items discussed in Executive Session.
A motion by Councilman O'Hare, a second by Councilman Smith, all voting "aye", approved
Resolution 2007-013 as amended approving the city manager employment agreement with Gary
Greer.
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A motion by Councilman Smith, a second by Councilman Bird, all voting "aye", approved an
addendum to city manager Linda Groomer's employment agreement extending the effective date
to March 18, 2007.
A motion by Councilman Bird, a second by Councilman Moses, all voting "aye", directed the
City Attorney to prepare an ordinance repealing Ordinances 2892 and 2900 and adopting revised
apartment complex licensing standards regarding citizenship and/or immigration certification
requirements. The effective date of such ordinance shall be May 22, 2007. Such ordinance
should be prepared in time to be included in the City Council's agenda packet for its January 22,
2007, meeting packet. The draft ordinance shall be made available for public inspection on the
City's website no later than this Friday at 6 p.m. and that this new ordinance be scheduled for
review, discussion, and consideration at the City Council's January 22, 2007 meeting. The
agenda item for such ordinance shall include a public hearing prior to the City Council's
consideration of the ordinance. The ordinance shall also call for a voluntary referendum to
submit the new ordinance for the voters for the May 12, 2007 election pursuant to Section 11.06
of the City Charter.
F.2 Adjournment.
A motion by Councilman Smith, a second by Mayor Pro Tem Robinson, all voting "aye",
adjourned the special City Council meeting of January 17, 2007 at 5:37 p.m.
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Bob Phelps, Mayor Cindee Peters, City Secretary
Volume 98, page 89