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2017-01-10 CC Minutes City Council Minutes January 10,2017 Farriers Branch City Hall ., City of Farmers Branch 13000 Wm Dodson Pkwy r Farmers Branch,Texas MINN 75234 FARMERS Meeting Minutes 13R.AN(.:11 City Council Tuesday,January 10,2017 6:00 PM Council Chambers Study Session Meeting to be held at 3:00 PM in the Study Session Room Presiding: 1 - Mayor Bob Phelps Present: 5- Mayor Pro Tern Harold Froehlich, Deputy Mayor Pro Tern Ana Reyes, Council Member John Norwood, Council Member Terry Lynne, Council Member Mike Bomgardner Staff: - Charles Cox City Manager, John Land Deputy City Manager, Amy Piukana City Secretary, Braeden Metcalf City Attorney, LaJeana Thomas Executive Assistant, Allison Cook Economic Development Director, Stephanie Hall Economic Development Assistant, Tom Bryson Communications Director, am. David Hale Police Chief, Andy Gillies Community Services Director, Randy Walhood Public Works Director, Tim Dedear Deputy Fire Chief/Fire Marshal, Brian Beasley Human Resource Director A. CALL TO ORDER Mayor Phelps called the Study Session meeting to order at 3:00 p.m. A.1 16-323 Discuss regular City Council meeting agenda items. Council Member Bomgardner asked if Agenda Item G.2 included street and stop signs in the proposal. Public Works Director Randy Walhood confirmed this is included. Council Member Bomgardner asked for clarification regarding Agenda Item G.3. Mr. Walhood replied that the amended code of ordinances has a new 90 day review period and clerical amendments. A.2 17-328 Receive an update from Oncor regarding tree pruning within Farmers Branch. Oncor Area Manager Jerry Bates and Arborist Jeff Quinters provided a brief overview regarding tree pruning. Mr. Quinters reviewed public education materials which included a door hanger and several pamphlets Oncor provides to the public. 1 City Council Minutes January 10,2017 Council Member Norwood asked what distance trees should be located from a power line. Mr. Bates replied 10 ft. each side is the recommended distance to keep tree plantings away from power lines. mai Deputy Mayor Pro Tem Reyes asked about the process and timeline residents are notified prior to tree trimming in their neighborhood. Mr. Bates replied residents are notified at least 2 weeks prior to the start of the project with letters and door hangers. Council Member Norwood asked what portion Oncor pays verses the developer's cost in regards to underground power lines with Mercer Crossing. Mr. Cox replied he will speak with the Developer to see if underground lines are planned. A.3 17-338 Consider and discuss potential Bond Projects including prioritization of the Citizen Bond Committee's findings and recommendations for Quality of Life Bond Proposals. City Manager Charles Cox briefed City Council regarding this item. Mr. Cox asked for clarification on Election dates. He noted the deadline to call a Bond election is coming up February 17, 2017 for a May 6, 2017 election. Mr. Cox asked City Council if a meeting is necessary to review and discuss prioritization of a bond proposals. After discussion, City Council agreed to hold special meeting(s)to discuss and prioritize bond items and determine an election date. A.4 16-324 Discuss agenda items for future City Council meetings. Council Member Lynne asked for a Code Enforcement update. Council Member Norwood aurii asked for an Economic Development update. City Council recessed fora break at 3:44 p.m. Mayor Phelps reconvened into closed executive session to discuss Agenda Item J.1 at 3:54 p.m. J. EXECUTIVE SESSION J.1 17-339 Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding: • Discuss commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to BSN. Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: • Discuss the purchase, exchange, lease, or sale of real property located north of 635, east of 135, south of Valwood Parkway, and west of Webb Chapel. Mayor Phelps recessed from closed executive session at 4:23 p.m. 2 errs City Council Minutes January 10,2017 B. JNVOCATION & PLEDGE OF ALLEGIANCE Council Member Lynne provided the invocation and led the pledge of allegiance. C. CEREMONIAL ITEMS C.1 17-326 Consider board and commission appointments; and take appropriate action. Motion made by Mayor Phelps to reappoint Rick Medinis to the Valwood Improvement Authority Board. Motion died due to lack of second. Motion made by Council Member Lynne to nominate and appoint RL Lemke to Place 1 on the Valwood Improvement Authority Board for a term ending December 31, 2019. Motion seconded by Mayor Pro Tern Froehlich. Motion prevailed by the following vote: Aye: 4- Mayor Pro Tern Froehlich, Council Member Norwood, Council Member Bomgardner, Council Member Lynne Noes: 1 - Deputy Mayor Pro Tern Reyes Motion passed 4-1. C.2 17-343 Presentation of a service award to Andy Gillies for ten years (10)of service at City of Farmers Branch. Mayor Phelps presented Community Services Director Andy Gillies with a ten(10)year service pin, and thanked him for his dedicated service to the City of Farmers Branch. D. REPORT ON STUDY SESSION ITEMS OEM Deputy Mayor Pro Tern Reyes provided a report on Study Session items. E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST • The 2016 Farmers Branch Christmas Tour of Lights will go down as the most wildly successful edition of the holiday tradition thus far. In 2016,a total of 18,381 vehicles traversed the driving tour,far exceeding last year's total of 13,961.Additionally,community non-profits and civic organizations that volunteered to work the tour each night brought in cumulative donations of $60,584, again way above last year's $33,535. Congratulations to everyone involved.And,mark your calendars for the 2017 Christmas Tour of Lights which opens on Friday, November 24. • Tickets are now on sale for the annual Daddy-Daughter Dance, coming up Saturday, February 4 at the Community Recreation Center from 6 until 8 p.m. Advance tickets are $5 for residents and $8 for non- residents.All tickets will be$15 at the door.Call the Rec Center for more info at 972.247.4607. • Anyone wishing to serve on a committee to review the City Charter for possible amendments to be put to the voters at a future date should fill out an online application at farmersbranchtx.gov.The application is listed in the links on the left side of the home page. • Due to its popularity in its first year, the Farmers Branch Market will open a month earlier this year, beginning its season on Saturday, April 1 in The Grove at Mustang Crossing, near the DART Station. The Farmers Market will operate every Saturday through the summer and into the fall from 8 a.m.until 12 noon. Find out more at farmersbranchmarket.com. • Celebrating 34 years with the Farmers Branch Police Department,Deputy Chief Mark Young will retire later this month in ceremonies set for 3 p.m.on Friday,January 20 at Farmers Branch City Hall. Please join us in thanking Chief Young for his service and wishing him well on all future endeavors. • You can sign up for eNews at farmersbranchtx.gov to have current City news and information delivered directly to your eMail box. 3 mow City Council Minutes January 10,2017 F. CITIZEN COMMENTS No citizens wished to speak. G. CONSENT AGENDA G.1 16-322 Consider approving minutes of the November 29, 2016 special called City Council meeting and the December 13,2016 regular City Council meeting; and take appropriate action. G.2 R2017-002 Consider approving Resolution No.2017-002 awarding a unit price contract to Brandon Industries, Inc.for the purchase and installation of ornamental decorative signs and poles throughout the City; and take appropriate action. G.3 ORD-3416 Consider adopting Ordinance No. 3416, amending Code of Ordinances Chapter 34,"Environment,"Article XII"Municipal Setting Designation" by making certain clerical corrections to Sections 34- 613(d)(2)and 34-615(a)(1)and amending the time provided in Section 34-614(c)(1) for holding a public meeting relating to a Municipal Setting Designation;and take appropriate action. G.4 R2017-007 Consider approving Resolution 2017-007 authorizing City Manager to execute a second contract amendment with Camelot Landfill TX, LP for an annual$93,000 payment to the City of Lewisville and once per month free residential drop off at Camelot Landfill for Lewisville residents; and take appropriate action. rrrl Motion made by Mayor Pro Tern Froehlich to approve Consent Items G.1 through G.4 as presented. Motion seconded by Council Member Bomgardner. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne H. pUBLIC HEARING(S) H.1 ORD-3415 Conduct a Public Hearing and consider adoption of Ordinance No. 3415 amending in its entirety the Comprehensive Zoning Ordinance of the City of Farmers Branch,Texas,as previously amended,by adopting the"Farmers Branch Comprehensive Zoning Ordinance" as set forth in Exhibit"A"of Ordinance No. 3415; and take appropriate action. Planning and Zoning Manager Alexis Jackson briefed City Council regarding this item. Ms. Jackson noted the current Comprehensive Zoning Ordinance (CZO)was originally adopted in 1969. Ms. Jackson explained with numerous minor text amendments, a complete rewrite or "overhaul"of the document has not been accomplished. Ms. Jackson explained City Staff has began the process of reformatting the basic elements, adding appropriate land uses, and modifying some of the regulations to create a more modern and user-friendly land use control 4 ornmii City Council Minutes January 10,2017 document. She explained large, extensive changes to the document were not made. She noted changes were mainly in the formatting, consistency, clarifications and modernizing it to respond to today's business environment. .r Ms.Jackson explained the existing CZO contains twenty-nine(29)Articles. She noted the new proposed CZO organizes all the existing elements into seven (7) Articles. Ms. Jackson reviewed each articles proposed amendments. Ms. Jackson explained the Planning &Zoning Commission voted to recommend approval of the new Comprehensive Zoning Ordinance as outlined in Ordinance No. 3415 at their December 12, 2016 regular meeting. Mayor Pro Tern Froehlich asked for clarification regarding the alcohol amendment. Ms. Jackson explained the amendment allows restaurants to sell alcoholic beverages. Council Member Norwood asked if the CZO was updated to clarify schools within Industrial areas. Ms. Jackson noted schools were broken into several categories and will require an SUP in an Industrial Zoning District. Mayor Pro Tern Froehlich asked for clarification regarding the 200 sq. ft. accessory structure. He explained currently storage buildings can be no larger than 120 sq. ft. Mr. Gillies explained storage structures is included with this accessory building category. Mayor Pro Tern Froehlich asked that the definition be updated to clarify enclosed structures may be no larger than 120 sq. ft. Community Services Director Andy Gillies replied he will amend the definition to designate between enclosed structures and open structure accessory buildings. "'m. Mayor Phelps opened the public hearing. There was no one present that wished to speak. Motion made by Council Member Lynne to close the Public Hearing. Motion seconded by Council Member Bomgardner. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tem Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne Deputy Mayor Pro Tem Reyes made a motion to approve Ordinance No. 3415 with the following modification: to require enclosed accessory structures greater than 120 square ft. be required to have a Specific Use Permit. Mayor Pro Tern Froehlich asked the City Attorney if the Council needs to see the amendment prior to approval. Attorney Braeden Metcalf suggested postponing to allow definition amendments. Deputy Mayor Pro Tem Reyes withdrew her motion. Deputy Mayor Pro Tern Reyes moved to table this item to the January 24, 2017 City Council meeting to allow for amendment modifications. Motion seconded by Council Member Norwood. Motion approved by the following vote: Aye: 5- Mayor Pro Tem Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne 5 City Council Minutes January 10,2017 REGULAR AGENDA ITEMS 1.1 17-340 Consider and discuss the Farmers Branch 2017 Legislative mai Platform; and take appropriate action. City Manager Charles Cox briefed City Council regarding the Farmers Branch 2017 Legislative Platform. He noted staff recommends approval based on these three principles: Principle No.1 to maintain a municipal authority regarding local government revenue sources, Principle No.2 to maintain municipal authority over municipal land use issues, and Principle No.3 to maintain municipal authority in determining how best to operate a city. (Local control) Mayor Phelps made a motion to approve the 2017 Legislative Platform, as presented. After discussion, Mayor Pro Tern Froehlich seconded the motion. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tem Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne 1.2 R2017-004 Consider approving Resolution No. 2017-004 authorizing execution of a Residential Demolition/Rebuild Program Incentive Agreement for the owner of the property located at 3235 Golfing Green; and take appropriate action. Economic Development Director Allison Cook briefed City Council regarding this item. Ms. Cook explained the owner William A.Woodall is applying for the new Demo Rebuild incentive. She noted this includes an incentive that is based on the increase over the course of five (5) years in the City Property taxes paid on the difference between the original home appraised value (excluding the land value), as determined by the Dallas County Appraisal District. Ms. Cook stated this option also includes a reimbursement of up to $15,000.00 of the cost of demolition of the original home following completion of demolition for the property located at 3235 Golfing Green. After discussion, Council Member Lynne made a motion to approve Resolution No. 2017- 004, as presented. Motion seconded by Mayor Pro Tern Froehlich. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne 1.3 R2017-006 Consider approving Resolution No.2017-006 authorizing execution of a Residential Demolition/Rebuild Program Incentive Agreement for the owner of the property located at 13749 Tanglewood; and take appropriate action. Economic Development Director Allison Cook briefed City Council regarding this item. Ms. Cook explained the applicant Srikishna Kurapati is applying for the new Demo Rebuild incentive. She explained this includes an incentive that is based on the increase over the course of five (5)years in the City Property taxes paid on the difference between the original 6 City Council Minutes January 10,2017 home appraised value (excluding the land value), as determined by the Dallas County Appraisal District. She further stated this option also includes a reimbursement of up to $12,500.00 of the cost of demolition of the original home following completion of demolition. After discussion, Council Member Bomgardner moved to approve Resolution No. 2017-006, as presented. Motion seconded by Council Member Lynne. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne Mayor Phelps skipped to Agenda Item K. K. Reconvene into regular session and take any action necessary as a result of the closed session. Council Member Norwood made a motion to authorize the City Manager and Deputy City Manager to negotiate and execute an economic development incentive and real estate purchase agreement with Hoebeke Builders, Inc. pursuant to Chapter 380 of the Texas Local Government Code providing for, among other terms and conditions: 1) The sale to the City of approximately 0.281 acres of land out of the Thomas Keenan Survey,Abs. No. 733,adjacent to Rawhide Park and generally located west of Lot 1, Good Estates of Farmers Branch Addition for a purchase price of$21,910 plus standard closing costs; 2) Participation on a reimbursement basis in the costs for construction of a public street with curb and gutter, sidewalks, another related street improvements connecting Leta Mae Lane from where the street presently dead ends in front of 2520 Leta Mae Lane to where the street presently dead ends in front of 2530 Leta Mae Lane, such participation not to exceed the lesser of(i)25% of such costs and (ii)$64,089.00. The City Manager and Deputy City Manager shall also have authority to negotiate and execute such additional agreements and documents as necessary to carry out the purpose of the incentive agreement. Motion seconded by Council Member Bomgardner. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne L. ADJOURNMENT Council Member Bomgardner made a motion to adjourn the meeting at 7:04 p.m. Motion seconded by Mayor Pro Tern Froehlich. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern Reyes, Council Member Norwood, Council Member Bomgardner, Council Member Lynne The meeting adjourned at 7:04 p.m. 7 IMMO City Council Minutes January 10,2017 er: umi Mayor ATTES / City Secreta/ Imo 8 awl