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2009-03-17 CC Minutes City of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, March 17, 2009 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Tim O'Hare Mayor Pro Tern Ben Robinson Deputy Mayor Pro Tern David Koch Councilmembers Tim Scott Jim Smith The following member of the Council was absent: Harold Froehlich The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims-Bradish City Secretary Cindee Peters City Attorney Pete Smith Director of Parks and Recreation Jeff Fuller City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King A.1 DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS. City Council discussed items on the regular agenda. B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman David Koch gave the invocation and Councilman Tim Scott led the pledge of allegiance. Volume 102, page 38 B.2 CONSIDER ACCEPTING A DONATION OF $8,700 FROM THE FARMERS BRANCH FRIENDS OF THE LIBRARY TO THE MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. The Friends of the Farmers Branch Manske Library have approved a budget of $8,700 for several projects including funding for the Summer Reading Program, replacement of worn items in the children's area, the creation of an online page for the library's homebound program and an electronic messaging system to be used inside the library. The funds for the summer reading program will be used to provide additional advertisement and incentives. The worn items in the children's area consist of educational games and toys. The creation of an online page will allow Farmers Branch citizens to apply for homebound services via the computer. The electronic messaging system will allow for the timely provision of information and updates of library and the Friends programs, events, local weather and news. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", accepted the donation to the Manske Library. B.3 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief explanation on the items discussed in Study Session. B.4 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. A motion by Mayor O'Hare, a second by Mayor Pro Tern Robinson, all voting "aye" appointed John Tarlton and Dale Cotton to the Business Community Relations Committee. No one presented an application. Mayor O'Hare 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, a second by Councilman Scott, all voting "aye approved the consent agenda as submitted. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 3, 2009. C.2 EXCUSED THE ABSENCE OF COUNCILMAN HAROLD FROEHLICH. C.3 EXCUSED THE ABSENCE OF COUNCILMAN JIM SMITH AT THE MARCH 3, 2009 MEETING. Volume 102, page 39 CA ADOPTED ORDINANCE NO. 3021 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 5, SECTION 82-73, SPECIFYING THE PLACEMENT OF STOP SIGN ON EASTBOUND KEENAN BRIDGE ROAD AT DAVIS LANE. ORDINANCE NO. 3021 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 5 "STOP AND YIELD", SECTION 82-73 "STOP SIGN LOCATIONS", BY AUTHORIZING PLACEMENT OF AN ADDITIONAL STOP SIGN ON EASTBOUND KEENAN BRIDGE ROAD AT DAVIS LANE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED $200; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. C.5 ADOPTED ORDINANCE NO. 3022 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 2, SECTION 82-34 AMENDING THE SPEED LIMITS ON IH635 AND IH35E. ORDINANCE NO. 3022 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 2 "SPEED LIMITS", SECTION 82-34 "SPEED LIMITS ON CERTAIN PUBLIC STREETS", BY ALTERING THE MAXIMUM SPEED LIMITS ON INTERSTATE HIGHWAY 35-E AND INTERSTATE HIGHWAY 635; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED $200; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. C.6 ADOPTED RESOLUTION NO. 2009-019 ACCEPTING A GRANT OF DIRECT AID FROM THE STATE OF TEXAS TO THE MANSKE LIBRARY IN THE AMOUNT OF $18,570. C.7 ADOPTED ORDINANCE NO. 3023 AMENDING THE STREET IMPROVEMENT/ANIMAL SHELTER BOND FUND BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. ORDINANCE NO. 3023 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CITY'S STREET IMPROVEMENT / ANIMAL SHELTER BOND FUND BUDGET AND DIRECTING THAT CITY Volume 102, page 40 EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.l PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3020 AMENDING THE PLANNED DEVELOPMENT NO. 88 (PD-88/MERCER CROSSING CODE) ZONING DISTRICT REGULATING PLAN BY DELETING THE "EDGE TWO" STREET DESIGNATION FOR THE PORTIONS OF LUNA ROAD AND KNIGHTSBRIDGE ROAD LOCATED SOUTH OF THE LBJ FREEWAY (U.S. I-635). Mr. Andy Gillies, Director Of Planning, stated the area included in the Planned Development No. 88 (PD-88) zoning district, commonly known as Mercer Crossing, is located on the City's West Side. It comprises approximately 875 acres and extends from the President George Bush Turnpike north of Valley View Lane to Crown Drive south of the LBJ Freeway on the east side of Luna Road. PD-88 is organized around three general districts: the Urban Center, the Urban Center Reserve, and the Commerce District. The Urban Center district includes a detailed Regulating Plan that lays out an urban street grid and includes very specific standards designed to produce a dense, residential-commercial mixed-use, pedestrian-oriented center. The Urban Center Reserve provides for future expansion of the Urban Center. The Commerce District provides comparatively more flexible development regulations that allow a broad range of non-residential development, including industrial uses subject to Specific Use Permit approval, generally at a lower density. The entire portion of Mercer Crossing located south of the LBJ Freeway, approximately 200 acres, lies within the Commerce District. It is for this portion of PD-88 that the property owner, Prime Income Asset Management, is requesting the zoning amendment. South of the LBJ Freeway, the Regulating Plan identifies Luna Road and Knightsbridge Road as "Edge Two" streets. Within the Commerce District, development of lots adjoining Edge Two streets are required to follow limited design guidelines related to building placement, architectural standards, landscaping, signage, sidewalks and parking lot location; however, these guidelines apply only to the first 100 feet of lot depth. Beyond the 100 foot frontage depth, Light Industrial (LI) development standards apply. LI standards also apply to all properties in the Commerce District that do not front either Luna Road or Knightsbridge Road. The proposed amendment would eliminate the Edge Two street designations for Luna Road and Knightsbridge Road, thereby allowing property throughout the entire Commerce District south of the LBJ Freeway to be developed under LI standards. The amendment does not change allowable land uses, only development standards. The Planning & Zoning Commission, by unanimous vote, recommends the Planned Development No. 88 (PD-88/Mercer Crossing Code) Regulating Plan be amended by " deleting the "Edge Two" street type designation for Luna Road and Knightsbridge Road south of LBJ Freeway. Volume 102, page 41 Mayor O'Hare opened the public hearing. No one spoke. A motion by Mayor Pro Tem Robinson, a second by Councilman Smith, all voting "aye closed the public hearing. A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye adopted the following captioned Ordinance No. 3020 amending the Planned Development No. 88 (PD-88/Mercer Crossing Code) Regulating Plan by deleting the "Edge Two" street designation for Luna Road and Knightsbridge Road south of the LBJ Freeway. ORDINANCE NO. 3020 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 88 (PD-88) FOR THE TRACT OF LAND GENRALLY BOUNDED ON THE NORTH BY THE SOUTHERN RIGHT-OF-WAY LINE OF LBJ FREEWAY (US I-635), ON THE EAST BY THE WESTERN RIGHT-OF-WAY LINE OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD AND ON THE SOUTH BY CENTERLINE OF CROWN DRIVE; ON THE WEST BY THE CENTERLINE OF LUNA ROAD AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; BY AMENDING THE REGULATING PLAN TO DELETE THE "EDGE TWO" STREET DESIGNATION FROM THE PORTIONS OF LUNA ROAD AND KNIGHTSBRIDGE ROAD LOCATED SOUTH OF THE LBJ FREEWAY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. E.1 DISCUSS FEASIBILITY OF CREATING A NEW HOUSING INCENTIVE GRANT PROGRAM. Shanna Sims-Bradish, Assistant City Manager, gave a brief presentation and stated at the January 23, 2009 City Council Retreat, members of the City Council expressed interest in establishing a program that would encourage demolition of residential structures and the rebuilding of high quality single-family residential structures through tax rebates or abatements. This new program would help replace the New Home Incentive Program that was discontinued in October 2008 due to funding limitations. Ms. Michelle Holmes, spoke in favor of creating a new home incentive grant program. The City Council asked that staff bring this back at the next meeting for action. E.2 PRESENTATION OF THE PROPOSED IH635 IMPROVEMENTS BY THE TEXAS DEPARTMENT OF TRANSPORTATION AND FOLLOW-UP DISCUSSION. Volume 102, page 42 Mr. Bob Brown, with the Texas Department of Transportation gave a brief overview of the proposed improvements to I1-1635. E.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. City Manager Gary Greer reported that he traveled to Lubbock and obtained the signatures needed for the DART Station Area project and also stated that a second project is coming in the near future. Mayor O'Hare stated no executive session was held tonight G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. No action was necessary. G.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", adjourned the Cit Council meeting of March 17, 2009 at 6:57 p. t Cindee Peters, City Secretary Tim O'Hare, Mayor Volume 102, page 43