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2018-01-23 CC Minutes City Council Minutes January 23,2018 — 4 �1 City of Farmers Branch Ra�, - : City Council Minutes 3 p.m. Study Session P tFP - \I rt Farmers Branch City Hall Tuesday,January 23,2018 13000 William Dodson Pkwy Council Chambers Farmers Branch.TX 75234 Presiding: 1 - Mayor Robert C. Dye Present: 5 - Mayor Pro Tern John Norwood, Council Member Ana Reyes (arrived 6 p.m.), Council Member Bronson Blackson, Council Member Terry Lynne; Deputy Mayor Pro Tern Mike Bomgardner Staff: - Charles Cox, City Manager; John Land, Deputy City Manager;Amy Piukana,City Secretary; Pete Smith, City Attorney; Andreea Udrea, Planning Manager; Benjamin Williamson, Assistant to City Manager, Allison Cook, Director of Economic Development; Jeff Harting, Director of Parks and Recreation; Brian Beasley Director of Human Resources; Meredith Dowdy, Special Projects Manager Parks and Recreation; Police Chief David Hale, Deputy Police Chief Jay Siegel; Fire Chief Steve Parker; Chief Accountant Mayve Strong A. STUDY SESSION Mayor Dye called the Study Session meeting to order 3:00 p.m. Mayor Dye noted Council Member Reyes will not be in attendance for the Study Session, however; will be in attendance at 6 p.m. for the regular meeting. A.1 18-11 Discuss regular City Council meeting agenda items. Council Member Blackson asked for clarification on who is responsible for bringing pets indoors with the multifamily development. Deputy City Manager John Land replied expiaining these are owner occupied units with fenced yards, therefore; the homeowner would be required to bring pets indoors when outdoor maintenance is done. Council Member Lynne asked if there are any substantial changes to Agenda Item H.3, (site plan for multifamily at Knightsbridge), since first approved in February of 2016. Planning Manager Andrea Udreea explained this is Phase II, which shows architectural changes to a Mediterranean style. 1 City Council Minutes January 23,2018 Council Member Lynne asked for clarification on Agenda Item H.5, (Code of Ethics),asking if the new ordinance would affect any past alleged incident, or empower the City Manager to reopen any investigation that has been deemed closed by the City Manager and/or Council. City Manager Charles Cox replied stating there is no retroactive effect and the new Ordinance takes effect upon passage. He further stated our current Code of Ethics Ordinance specifies our process. Mayor Dye stated the new Ordinance requires all Board and Commission Members to take the online sexual harassment training. City Attorney Braden Metcalf stated the new ordinance Section(B)and Section(E)clarifies that it would only be a new occurrence. Council Member Lynne asked if on page 2, there is a Jeff Fuller Clause in regards to bids submitted, and within Section 2-284, if 7 to 10 days is sufficient for securing counsel. Mr. Cox stated the new ordinance is significant in covering these issues. He added if Council wishes to table this item, that a six month moratorium period be given prior to placing on a future agenda. Mayor Pro Tem Norwood asked if the section on Ethics and Sexual Harassment could be titled as such, to allow transparency within the ordinance. City Attorney Braden Metcalf suggested changing the Title Number 4 to "Sexual Harassment", which would be clear to anyone searching for that subject within the ordinance. Council Member Blackson asked that the ordinance be removed from consent to allow ._. Council Member Reyes to provide input. City Manager Charles Cox suggested Agenda Item A.3 be reviewed first since the auditors are in attendance. A.3 TMP-2538 Receive a First Quarter Financial Update. Director of Finance Sherrelle Evans-Jones briefed City Council regarding this item. Ms. Evans-Jones reviewed the first quarter revenue and expenditures. She reviewed revenues of General Funds, noting we are ahead of schedule. Deputy Mayor Pro Tern Bomgardner asked for clarification on page 16 and page 47 in regards to the increase in pension liability. Chief Financial Officer Mayve Strong replied stating the liability has increased but the net position has also increased. Mr. Cox reviewed detailed differences between the TMRS funding status and governmental accounting reporting standards. Deputy Mayor Pro Tern Bomgardner asked for clarification on page 80, and 81, in regards to Public Works numbers. Ms. Strong replied explaining these numbers reflect the expansion from the landfill. 2 City Council Minutes January 23,2018 Ms. Evans-Jones provided a General Fund summary of December 2017 through Fiscal year to Date, Budget Actuals, General Fund Revenue results, General Fund expenditures, Detailed Expenditure Report by Department, and the year to date actual verses the year to date budget. Deputy City Manager Bomgardner asked that in the future, last year's numbers be reflected to show per quarter actuals. A.2 TMP-2515 Discuss the vision statement and core values for the City of Farmers Branch. Assistant to City Manager Benjamin Williamson and Director of Human Resources Brian Beasley briefed City Council regarding this item. He stated during the 2017 strategic planning session, City Council completed an exercise to build a vision statement for the City of Farmers Branch. He reviewed a draft vision statement, that mirrors the staff's Branch Life internal culture program which is: Respect, Excellence, Accountability, Care, and Trust. REACT outlines how we act as we conduct business as an organization and this discussion will move towards adopting REACT as our organizational core values. He stated our value system will carry on through the City of Farmers Branch as to "how" we accomplish our strategic goals. Mr. Williamson stated staff will be implementing a complete strategy map for the City that includes our mission, vision, core values, focus area, strategic objectives, and critical business outcomes. He reviewed the following vision statement "To Be a vibrant and diverse city with beautiful parks that interconnect safe and thriving neighborhoods." Deputy Mayor Pro Tem Bomgardner stated the vision statement does not mention the commercial aspect of the City. He stated we have a very diverse economy. Mr. Beasley reviewed the City's Core Values. He stated the core values are how we behave, and conduct business on a daily basis. He further stated these are the city employees core values, and we could adopt these citywide to include City Council. He stated by adopting the City's Core Values, it would allow us to brand our organization, set direction, and sets direction for new Council Members to move forward with the same values. Mayor Pro Tem Norwood stated he learned similar values when he served in the military. He stated the strongest value you can set is integrity. He stated when someone acts with integrity, they become accountable. A.4 TMP-2516 Discuss 2018 Christmas Activities Director of Parks and Recreation Jeff Harting introduced Special Projects Manager Meredith Dowdy, who briefed City Council providing history of the Tour of Lights program. Ms. Dowdy explained there has been discussion about the possibility of changing the Tour of Lights for 2018. She provided options of upcoming concepts for the following: Tour of Lights: The concept stays the same but the route is reversed with vehicles entering at the Ford Road entrance of the Historical Park. Reversing the route would simplify the flow of traffic. The Tour of Lights would continue to be free with a $5 suggested donation to local non-profits. 3 City Council Minutes January 23,2018 Budget Estimate City Revenue Potential Non-Profit Revenue Potential $250,000 $0 $50,000-$60,000 Walking Tour: Create a lighted "trail"for guests to walk through the lights. The proposed — path would include: Gussie Field Watterworth Park(Gussie)walking trail, Gussie pavilion & amphitheater, rose gardens, Jeff Fuller Rose Garden and The Grove © Mustang Crossing. This would create a longer stay for guests and more interaction with the displays. The Walking Tour would be free but non-profits could volunteer with donation boxes at each "entry" area. Budget Estimate City Revenue Potential Non-Profit Revenue Potential $125,000 $0 $25,000 Skating Rink: Partner with the StarCenter to host an outdoor skating rink. The skating rink would be located on the grass lot adjacent to the StarCenter. The rink would be rented by the City and operated by the StarCenter and profits would be split. To incorporate non- profit groups and drive traffic for less popular nights, non-profit groups would be awarded a night(Monday-Thursday)and a portion of the proceeds from that night would go towards that group. Budget Estimate City Revenue Potential Non-Profit Revenue Potential $150,000 $190,000 $27,000 Holiday Village: Walkable area that could include Santa's house &Santa, concessions, animated element with sound, live music and activities as it grows. Possible locations include Gussie Pavilion and Amphitheater or The Grove @ Mustang Crossing. Non-Profit groups could set up booths to sell holiday items or provide activities for a charge. Budget Estimate City Revenue Potential Non-Profit Revenue Potential $55,000 — First year $10,000 $10,000 (Animated Tree Purchase) $25,000—Subsequent years Outdoor Theatre: Partner with the Firehouse Theatre to host an outdoor performance at the Historical Park of the musical "Elf." Tickets would be sold and there would be four different performances in the evenings. Please note: This event cannot be combined with the Tour of Lights. Budget Estimate City Revenue Potential Non-Profit Revenue Potential $80,000 $35,200 $0 Light the City: Lighting would be modified to include areas throughout the City including west side development, east side development, four corners and station area. Budget Estimate City Revenue Potential Non-Profit Revenue Potential $35,000 $0 $0 Council Member Lynne asked if all monies collected are given back to charity. He explained we have asked for increased donations in the past,we could look at keeping some to assist with revenue for the City. 4 City Council Minutes January 23,2018 Mr. Harting stated currently all monies are given back to the charity, however;we could look at changing this in the future. He asked if Council is comfortable with moving forward with Tour of Lights. Mayor Pro Tem Norwood stated he worked the event this past holiday, and feels the community enjoys this event. Council Member Blackson asked about staffing and what the cost is for the event. Mr. Harting stated there is some cost to staffing these events, and stated he did not have specific numbers, but would provide him an update once he obtains the cost. Deputy Mayor Pro Tern Bomgardner suggested bringing the community together by adding caroling or possibly skating. Council Member Lynne suggested having the event longer to allow more attendance. Mr. Cox clarified the reason for this discussion tonight, is to ensure the Council wishes to move forward with the Tour of Lights. Council Member Blackson stated he supports the Tour of Lights, however; prefers to see a detailed breakdown list of events including costs, so the Council can review. Council Member Lynne agreed, and stated he would like to see an outline which includes staffing level at the events. Mayor Dye recessed the meeting at 5:02 p.m. and reconvened at 5:06 p.m. to discuss Agenda Item A.S. A.5 TMP-2535 Receive a presentation on Ordinance No. 3486 allowing backyard chickens. Director of Sustainability Shane Davis briefed City Council regarding this item. Mr. Davis reviewed the requirements of maintaining backyard chickens noting adequate food and water, nexts, roosts, and runs are all required for chicken owners. He stated the proposed ordinance allows 3-6 hens only. It also requires education, permit, and fee payment. He further stated the ordinance provides for one coop per property, with area and height requirements. Council Member Lynne asked about education, costs, permits, registrations, and inspections. Mr. Davis replied stating Jeff Raska would provide the training, and currently there is no cost with the education program. He explained there is a one time permit fee with one permit issued per house. He further stated roosters are not allowed, and fines would be issued in an amount up to $1,000, for violation. Mayor Pro Tern Norwood stated the height requirement may be overly restrictive. He stated the wording may need to be adjusted to a 6 ft. minimum,with an 8 ft. maximum fence height. Council Member Blackson suggested matching the height requirement to the fence height. 5 City Council Minutes January 23,2018 City Attorney Braden Metcalf stated the language could be adjusted to allow a minimum 6 ft. and maximum of 8 ft. fence. Mr. Davis explained the permit gets revoked if anyone obtains three code violations. Deputy Mayor Pro Tern Bomgardner suggested limiting the number of hens to 4 instead of 6 hens, noting he does not support renters having chickens. He suggested adding a fine of up to $500 per chicken if caught with more than the maximum. City Attorney Braden Metcalf stated fines and penalties are issued through the Municipal Judge. He stated you can set a maximum fine within the Ordinance. Council Member Lynne stated the ordinance does not address penalties and violations, he suggested having a clear definition with clear standards. Mayor Dye stated the education that is provided covers these concerns. He further stated he feels residents will be responsible and abide by the ordinance. Council Member Lynne stated when he toured through Dallas, he witnessed chickens running loose in backyards. He stated, nobody has inspected or followed up with that, to his knowledge. Mayor Dye stated he supports the ordinance, and feels it provides clear guidelines and outlines regulations. Mayor Pro Tem Norwood stated with reasonable rules, families can enjoy chickens. Council Member Blackson stated he supports the ordinance, as written. Deputy Mayor Pro Tern Bomgardner stated he does not support this, but has heard some citizens wish to place this item on the ballot for voters. Council Member Lynne stated he supports adding backyard chickens to the ballot. He further stated his constituents might support a Special Use Permit (SUP) process. Mayor Pro Tem Norwood stated he does not feel this item needs to be placed on the ballot, and noted this ordinance actually promotes sustainability. Council Member Blackson stated he does not support having backyard chickens on the ballot, and agreed we need to have more sustainable households. Mayor Pro Tern Norwood asked Mr. Raska what the impact would be if we reduced chicken numbers. Mr. Raska stated there is not much impact, in regards to waste, and noted he works with multiple counties and there are note many issues with chickens in shelters. Mayor Dye recessed the Study Session meeting at 5:57 p.m. A.6 1 8-1 2 Discuss agenda items for future City Council meetings. (Skipped) B. CALL TO ORDER(6 P.M.) Mayor Dye called the regular meeting to order at 6:03 p.m. 6 City Council Minutes January 23, 2018 C. INVOCATION & PLEDGE OF ALLEGIANCE Council Member X provided the invocation and led the Pledge of Allegiance and pledge to the Texas Flag. D. CEREMONIAL ITEMS D.1 18-14 Proclamation recognizing City of Farmers Branch School Choice Week. Mayor Dye read a proclamation recognizing January 21-27, 2018 as Farmers Branch School Choice Week. D.2 TMP-2513 Presentation of a service award to Ross Pittman for twenty five (25) years of service in the Parks and Recreation Department. Mayor Dye and Director of Parks and Recreation Jeff Harting presented Ross Pittman with a service pin for twenty-five years of dedicated service to the City of Farmers Branch Parks and Recreation Department. Mr. Pittman spoke thanking his coworkers, management, City Council, and his family for their support. E. REPORT ON STUDY SESSION ITEMS Council Member Blackson provided a report on Study Session items. F. MAYOR AND CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST • The annual Daddy-Daughter Dance is coming up February 3 at the Community Recreation Center. Call them at 972.247.4607 for ticket availability and further information. • Teams will be forming to voluntarily jump into freezing water at the annual Polar Plunge to benefit Special Olympics Texas, coming up Saturday, February 10 at the Farmers Branch Aquatics Center. For more information, visit sotx.org/polarplunge. • We want to remind everyone that information meetings, designed to accept input on the conceptual design for the relocation of Fire Station No. 2, have been scheduled for February 8 and April 12 at 7 p.m. each night at the Bob Phelps Fire Administration Building, 13333 Hutton Drive. For more information, call 972.919.2640. • Mark your calendars for `Coffee with a Cop' on Saturday, February 17 from 9 to 11 a.m. at the McDonald's located at the corner of Josey and Valley View Lanes. • You can sign up for eNews at farmersbranchtx.gov to have current City news and information delivered directly to your eMail box. G. CITIZEN COMMENTS The following citizens wished to speak under citizen comments. Kristen—Albert Drive—spoke about the line bikes. She says due to location, there is litter, in sidewalks and streets. She says need to address the problem. H. CONSENT AGENDA H.1 18-10 Consider approving City Council minutes of the regular meeting held on January 9, 2018 and the Special Called City Council meeting held on January 16, 2018; and take appropriate action. 7 City Council Minutes January 23,2018 H.2 18-15 Consider excusing the absence of Deputy Mayor Pro Tem Mike Bomgardner from the January 9, 2018, City Council Meeting; and take appropriate action. H.3 R2018-04 Consider approving Resolution No. 2018-04, a detailed Site Plan for a multifamily community on a 14.96-acre site located at 1900 Knightsbridge Road; and take appropriate action. H.4 R2018-05 Consider approving Resolution No. 2018-05, authorizing the City Manager to accept a grant through the rifle resistant body armor grant program administered by the Office of the Governor's Criminal Justice Division; and take appropriate action. Mayor Pro Tern Norwood to approve Consent Items H.1 through H.4, as amended. Motion seconded by Council Member Blackson. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne Mayor Dye skipped to Agenda Item 1.3 REGULAR AGENDA ITEMS 1.3 ORD-3486 Consider adopting Ordinance No. 3486 amending Chapter 18 of Ordinances providing regulations and standards for keeping Backyard Chickens; providing for the Prohibition of Roosters; — Amending Appendix A "Fee Schedule" to Provide for Application Fees; and take appropriate action. Mr. Jeff Raska with Texas A&M Horticulture spoke to City Council regarding the education piece to backyard chickens. Council Member Blackson asked Mr. Raska about the education program. Mr. Raska stated he is committed to making sure all Farmers Branch residents are educated with caring for their backyard chickens. Council Member Reyes thanked Mr. Raska for his assistance, and asked for a briefing regarding sustainability efforts. Mr. Raska stated sustainability exists in many forms such as compost, eggs, and the manure is great for the environment. Council Member Reyes asked what the difference is between urban and ranch settings. Mr. Raska replied stating predators (Hawks) are here within our City. He stated chickens are clean animals,and only make minimal noise when laying eggs. He further stated these birds are adapting, and are better for our environment. The following citizens wished to speak: 8 City Council Minutes January 23,2018 Kristen Hansen — spoke in support. Steven Morrison —spoke in opposition. Tracy Williams—spoke in support. Beckham Williams— spoke in support. Scott Williams— spoke in support. Tom Bohmier—spoke in opposition. Carol McCallibor—spoke in support. Darrell Stevens —spoke in support. Bobbie Ligon —spoke in opposition. Sally Derrick — spoke in support. Mayor Pro Tern Norwood stated he supports backyard chickens, but does not support having an overly restrictive ordinance. He does support education and a permit. Council Member Reyes asked for clarification with the City Manager, City Attorney and Mayor Dye, if we need to amend to include the public and private education requirements in Farmers Branch. Council Member Lynne stated this subject has taken up seven hours of his time, noting he prefers to spend more time on economic and development opportunities for the City. He stated he supports a community coop at the Historical Park, but does not support backyard chickens. He further stated this would be an additional burden on code enforcement officers and animal services. Deputy Mayor Pro Tern Bomgardner stated his initial opinion was to not allow backyard chickens. He stated he does not wish to raise chickens, however; he feels government should not restrict other residents who wish to have them, as long as it doesn't affect their neighbor. He stated he supports 4 hens maximum, and would be willing to expand to 6 hens if on a larger property. He asks that the Ordinance clarify the penalty for having over the maximum chickens. Council Member Blackson stated he supports this ordinance, and feels it will help attract younger generations to the City. He stated more discussion is necessary in regards to the 6 ft fence height. Mayor Dye spoke stating he has done his research and wants to attract younger families. He further stated in his opinion, this is a responsible ordinance which includes penalties, education and specific requirements. He asked the Council if we need to stay at 4 or 6 hens, for discussion on the fence height. Council Member Lynne stated he is confused as to what is being voted on. He stated this needs to spelled out clearly within the ordinance prior to a vote, so it is clear as to what is being voted on. City Attorney Braden Metcalf replied explaining currently there are no motions or amendments on the floor. Should any amendments be made, he will make sure it is clear within the motion. Deputy Mayor Pro Tern Bomgardner suggested if half an acre or larger allow 6 chickens maximum, if less than half an acre, the maximum number would be 4 chickens. Mayor Pro Tern Norwood stated he supports the ordinance as drafted. 9 City Council Minutes January 23,2018 Council Member Lynne asked that typos be fixed which indicate three and two within the ordinance. Council Member Reyes suggested removing the word "public". And add "municipal property, schools and education facilities", with the fence height being amended to 6ft unless greater than 6ft with a maximum height of 8 ft. Deputy Mayor Pro Tem Bomgardner suggested adding a penalty fine be set at minimum of$100, per chicken over the maximum allowed. Motion made by Mayor Pro Tern Norwood to approve Ordinance No. 3486 with the following amendments: To allow chicken coops up to 8 ft maintaining the 6ft floor,and include additional exceptions to municipal property, schools and education facilities, and establish a minimum fine of $100 when exceeding the maximum number of chickens allowed (6 hens). Motion seconded by Council Member Blackson. Motion prevailed by the following vote: (Roll Call Vote) Aye: 4 - Mayor Pro Tem Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson Naye: 1 - Council Member Lynne The City Council recessed at 7:40 p.m. and reconvened into regular session. 1.1 R2018-01 Consider approving Resolution No. 2018-01 adopting the Comprehensive Annual Financial Report for the fiscal year ending September 30,2017 as submitted by Grant Thornton, LLP; and take appropriate action. Finance Director Sherrelle Evans-Jones introduced Ms. Natalie Wood Senior Manager with Grant Thornton Auditors, who provided an update regarding this item. She stated The City Charter requires a complete report on the finances and administrative activities of the City for the preceding year by an independent Certified Public Accountant and that such report be prepared and submitted to the City Council within 120 days of the end of the fiscal year. Ms. Evans-Jones explained the audit for the year ending September 30, 2017 was prepared and submitted to the City Council prior to tonight's meeting in compliance with the City Charter provisions. The City Charter also requires a City Manager's report within ninety (90) days after the audit report submission outlining actions to be taken on any auditor recommendations. No Report to Management was issued for the fiscal year ending September 30, 2017 as no material weaknesses in internal accounting controls were identified. Motion made by Deputy Mayor Pro Tern Bomgardner to approve Resolution No. 2018-01, as presented. Motion seconded by Council Member Blackson. Motion prevailed by the following vote: 10 City Council Minutes January 23,2018 Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne 1.2 TMP-2523 Receive an update and consider demolition of El Mio Motel located at 13333 N Stemmons Freeway, Farmers Branch, Texas; and take appropriate action. Deputy City Manager John Land briefed City Council regarding this item. Mr. Land stated, in 2015 the El Mio hotel, located at 13333 N Stemmons Freeway, began to noticeably deteriorate. By May of that year staff requested and was issued a search warrant for Code Enforcement, Building Inspection and Environmental Health to fully inspect 100 % of the facility. Following the inspection staff met with ownership on numerous occasions in an attempt to bring the property into full compliance. With minimal repairs being made staff continued to send correction notices and write citations, which were carried into 2016. At this point the owner agreed to consolidate all guests into the main building while he was out of state dealing with a family emergency. Additionally, indications showed the property was being sold and a major remodel was forthcoming. However, after little progress and no property transaction staff sought and received another search warrant for a 100% re- inspection in May 2017. Conditions had become so poor that staff pursued condemnation proceedings through the municipal court. Mr. Land stated staff was successful in reaching a condemnation declaration and in September of 2017 an Agreed Order was issued with a provision that structures be removed no later than January 17, 2018. After this date the City was given the right to demolish all structures without any further court action. While not a firm bid, an estimate of$215,000 was shared with City staff by Lindamood Demolition. If approved, the invoice would be paid out of the Economic Development Fund and a lien would be placed on the property for future repayment. Council Member Reyes thanked Mr. Land for his presentation, and asked asked about the inspection details. Mr. Land replied explaining this property was in violation of the health and safety code. He further stated there were environmental health concerns, and life safety concerns. After discussion, motion made by Council Member Reyes to negotiate and execute any and all agreements to demolish and remediate the El Mio property located at 13333 North Stemmons Freeway in an amount not to exceed $250,000. Motion seconded by Council Member Lynne. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne 1.4 ORD-3479 Consider adopting Ordinance No. 3479, amending Chapter 2, Article III of the Code of Ordinances amending Code of Ethics, clarifying the complaint process, and requiring sexual harassment training; and take appropriate action. 11 City Council Minutes January 23,2018 Mayor Dye stated we will amend the wording on page 14, item 4 to include the wording Sexual Harassment. Mr. Cox explained the new proposed Ordinance No. 3479 amends the existing Code of Ethics Ordinance. He stated after resident input, modifications have been made to clarify —' and shorten the timeline and complaint form, to extend training to boards, and acquire outside legal in case of a complaint. He noted had a separate handbook, the existing ordinance now has the verbiage of the handbook so if violations occur, will now be considered within the ordinance. He stated the Ordinance now has discrimination, sexual harassment is now highlighted and easily identifies. Mr. Cox explained we treat this issue very seriously, he states if a problem needs to be reported, they will call the City Secretary, Human Resource Department or the City Manager. He states he will make this information available on the website. He further stated the new ordinance is not retroactive in enforcement. Mayor Dye thanked the City Manager for spending time and drafting this ordinance. Council Member Reyes thanked Mr. Cox for his presentation. She asked if this is an update to Article Ill, Code of Ethics. Mr. Cox confirmed, this would be codified into Article III, Code of Ethics. Resident Carol Dingman spoke in support of the proposed Ordinance. Motion made by Council Member Reyes to approve Ordinance 3479, as amended. Motion seconded by Council Member Blackson. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tem Norwood, Deputy Mayor Pro — Tem Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne Mayor Dye recessed at 8:20 p.m. and reconvened into closed executive session at 8:29 p.m. J. EXECUTIVE SESSION J.1 18-13 Council may 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 at 2427 Carrick Street. Council may convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding: • Discuss Economic Development Incentive for Project Southern. Mayor Dye reconvened into open session at 8:54 p.m. 12 City Council Minutes January 23, 2018 K. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION. Motion made by Council Member Lynne to authorize the City Manager to negotiate and execute an economic development incentive agreement with Glazer Investments, Inc. pursuant to Texas Local Government Code Chapter 380 to provide finve annual grants each equal to 30% of the amount of City real property taxes assessed for the five consecutive tax years following the year of issuance of a certificate of occupancy for a new building to be constructed on Lot 1, Block A of Glazer Addition, subject to (1) commencement of construction occurring on or before January 1, 2019, (2) completion of construction occurring on or before July 1, 2020, (3) the area of the new building being not less than 200,000 square feet, and (4) the grant being determined solely on the assessed value of the new building. Motion seconded by Mayor Pro Tem Norwood. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne Motion made by Council Member Blackson to authorize the City Manager to negotiate and execute a purchase and sale agreement and other related agreements with the Carrollton-Farmers Branch Independent School District to purchase from the District the 2.994 acres located at 2427 Carrick Street for a purchase price of $2,020,000, and containing such other terms and conditions generally consistent with the terms and conditions set forth in the conditional offer letter from the City Manager to the District's Superintendent of Schools dated December 27, 2017, and, except for the purchase price, further authorize the City Manager to vary from the terms of said conditional offer letter if he determines it in the best interest of the City and, if the revised terms result in an increase in transactional costs to the City, current funds are available for such expenditure, and to take such further action and sign such documents as necessary to close on the purchase of said property. Motion seconded by Deputy Mayor Pro Tern Bomgardner. Motion prevailed by the following vote: Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne L. ADJOURNMENT Motion made by Deputy Mayor Pro Tem Bomgardner to adjourn. Motion seconded by Council Member Blackson. Motion prevailed by the following vote: 13 City Council Minutes January 23,2018 Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Reyes, Council Member Blackson, Council Member Lynne The meeting adjourned at 8:57 p.m. 1)C e SIGNED: � Mays ATTEST: 46.,_ _Amw41/ 14 City Sec r/ry MI 14