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2007-06-18 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, June 18, 2007 6:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Tim O'Hare Deputy Mayor Pro Tern Ben Robinson Councilmembers Jim Smith David Koch Tim Scott The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick Assistant to the City Manager John Roach Director of Economic Development Norma Nichols Reed City Secretary Cindee Peters City Attorney John Boyle City Engineer Jerry Murawski Director of Community Services Michael Spicer Finance Director Charles Cox Director of Public Works Mark Pavageaux Director of Parks and Recreation Jeff Fuller Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Director of Communications Tom Bryson Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of June 18, 2007 to order at 6:31 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Deputy Mayor Pro Tern Robinson gave the invocation and led the Pledge of Alliance. Volume 99, page 88 A.2 CONSIDER PRESENTATION AND DONATION(S) TO FARMERS BRANCH LEGAL DEFENSE FUND AND TAKE APPROPRIATE ACTION. Mr. Mike DelValle presented a $3,031.05 check to the Mayor and City Council for the Farmers Branch Legal Defense Fund. A motion by Councilman Smith, seconded by Mayor Pro Tem O'Hare, all voting "aye," accepted the $3,031.05 donation to the Farmers Branch Legal Defense Fund, with appropriate letter. A.3 CONSIDER ACCEPTING DONATIONS FROM THE FARMERS BRANCH WOMAN'S CLUB OF $500 FOR USE AT THE SENIOR CENTER AND $2,600 FOR USE BY THE YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Woman's Club would like to donate $500 to the City for use at the Senior Center and $2,600 to the Youth Scholarship Program. The $500 Senior Center donation would be used to help purchase a new copier or color printer. The donation to the Youth Scholarship Program would be used to help disadvantaged young people participate in recreation programs and activities they otherwise would not be able to access. Without private funding such as this gift, this program would not be possible. The Farmers Branch Woman's Club has a long history of worthwhile cooperation and support to the City. This has included donations to the Historical Park, the Manske Library and the Senior Center where the Woman's Club commissioned and purchased the beautiful statue in the lobby. Almost every facility in the City and many of the City's programs that serve residents have been recipients of the generosity of the Farmers Branch Woman's Club. Club President Jolene Fee, representing the Farmers Branch Woman's Club, donated $500 to the City for use at the Senior Center and $2,600 to the Youth Scholarship Program. A motion by Councilman Scott, seconded by Councilman Smith, all voting "aye," accepted donations from the Farmers Branch Woman's Club, in the a mount of $500 to the Senior Center and $2,600 to the Youth Scholarship Program. A.4 RECOGNITION OF THE CITY OF FARMERS BRANCH FOR 50 YEARS OF PARTICIPATION IN TRINITY RIVER AUTHORITY OF TEXAS. Mayor Phelps presented the following information. On April 18, 1957 the City of Farmers Branch signed a contract that formed the Trinity River Authority of Volume 99, page 89 Texas Central Regional Wastewater System (TRACRWS). Farmers Branch was one of four cities that originally formed the TRA Central Regional Wastewater System, the other three cities being Dallas, Grand Prairie and Irving. Since that time, TRA's Central Regional Wastewater System collection and treatment capacity has been expanded and enhanced to serve a total of 21 customer cities. TRA has become one of the largest, most technologically advanced, and regulatory compliant wastewater treatment facilities in Texas. At the TRA Advisory Board Meeting on April 16, 2007 Warren Brewer, Manager of the Northern Region of TRA, presented a plaque to the City of Farmers Branch in recognition of its commitment and participation 50 years ago in creating a multi-party regional wastewater system. Mr. Brewer presented to the Mayor and City Council a plaque for the City's years of participation in Trinity River Authority of Texas. A.5 RECOGNITION OF THE PLANNING DIVISION'S DRIEHAUS AWARD PRESENTED BY THE CONGRESS FOR NEW URBANISM AND THE FORM BASED CODE INSTITUTE. Mayor Phelps presented the following information. On May 17th, 2007, the Congress for New Urbanism and the Form Based Code Institute recognized the City of Farmers Branch as one of the first recipients of the national Driehaus Award. The Driehaus Award is given each year to a select group of communities throughout the nation that produce exemplary Form Based Codes. Form Based Coding is the newest direction in land use control throughout the nation. It is a land development tool that places a primary emphasis on the physical form and scale of the built environment rather than the eventual activity of the property. Farmers Branch was recognized for its Station Area Code. Only three other communities were recognized this year: St. Lucie, Florida; Leander, Texas; and Gulfport, Mississippi. The award was presented to the City's Director of Planning, Andy Gillies, during the 15th Congress for New Urbanism, or CNU, held in Philadelphia last month. At the presentation ceremony, Ms. Elizabeth Plater-Zyberk, CNU founding board member and Dean of the University of Miami School of Architecture, stated: "The extensive use of graphics and minimal verbiage make the City of Farmers Branch Station Area Code a national model for clarity and ease of use. The code is also an excellent model for development at the project or site specific scale." Volume 99, page 90 This is the second award the City has received for the Station Area form based code. In 2005, the Texas Chapter of the American Planning Association presented the City with its annual "Current Planning Award" for creation of the Farmers Branch Station Area Code. Mayor Phelps presented the Driehaus Award to Director of Community Services Michael Spicer and Director of Planning Andy Gilles. A.6 RECOGNITION OF COMMUNICATIONS DIVISION'S AWARDS FROM THE TEXAS ASSOCIATION OF MUNICIPAL INFORMATION OFFICERS. Mayor Phelps presented the following information. The Communications Division was honored with the top award in the state in two different categories at the 2007 state conference for the Texas Association of Municipal Information Officers, or TAMIO, which was held in Dallas this month. In the category of "Special Publications" for population groups of up to 75,000, the City's 2007 Calendar, "Moments in Time," featuring dramatic back and white photography, took the top award, over two finalists from the City of Mansfield. Judges wrote, "The photography was simply beautiful. This is a very functional, yet lovely piece containing specific pertinent information." Communications Senior Administrative Assistant Amanda Johnson coordinated the project with all photography by John Campbell, Duane Bishop and Tom Bryson. In the category of "Regular or Recurring Cable Programs" for all population groups in the state, the City of Farmers Branch pre-council information program, "City Council Tonight" beat out finalist competition from the cities of Round Rock and Richardson for the top award. Judges in this category wrote, "Good use of news format.... Informative and timely. Talent is very professional." In fact, tonight's edition of "City Council Tonight" was the 170th installment of this long- running series, dating back to May 1999. It has been widely held up as a model for other agencies to follow across the state and nation. In addition to receiving theses awards, the City's Communications Director, Tom Bryson, was elected as an officer to the Board of Directors and was the presenter at two different sessions during the conference. Mayor Phelps presented Communications staff Amanda Johnson, John Campbell, Duane Bishop and Tom Bryson with two awards received at the 2007 Annual Texas Association of Municipal Information Officers Conference in Dallas. Mayor Phelps announced that Charles S. Cox was sworn in as President of the Government Finance Officers Association of the United States and Canada while attending the Annual Conference in Anaheim, California last week. Volume 99, page 91 A.7 PRESENTATION OF SERVICE AWARD - DAVID BARNETT OF THE POLICE DEPARTMENT - 10 YEARS. Mayor Phelps presented a 10-year employee service award to Officer David Barnett with the Police Department. A.8 PRESENTATION OF SERVICE AWARD - MARK VELTEN OF THE PUBLIC WORKS DEPARTMENT - 25 YEARS. Mayor Phelps presented a 25-year employee service award to Mark Velten with the Public Works Department. A.9 PRESENTATION BY THE JAMES A. SMITH MASONIC LODGE OF THE COMMUNITY BUILDERS AWARD. Mr. Marvin Murphy and other members of the James A. Smith Masonic Lodge presented Mrs. Marie Huey with the Community Builders Award. r i. A.10 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO THE COMMUNITY WATCH COMMITTEE, THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND THE SENIOR ADVISORY BOARD AND TAKE APPROPRIATE ACTION. There were no applications presented. A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," moved Clyde Phillips to Place 7 on the Senior Advisory Board and Jimmie May to Alternate Place 1 and appointed Ernest Tillery to Alternate Place 2 on the Senior Advisory Board. A.11 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the 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 Tem O'Hare, seconded by Councilman Scott, all voting "aye," approved the Consent Agenda as submitted. Volume 99, page 92 B.1 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF DECEMBER 21, 2006 AND CITY COUNCIL MEETING OF MAY 21, 2007. B.2 ADOPTED RESOLUTION NO. 2007-087 AUTHORIZING THE CITY MANAGER TO APPLY FOR A STATE CRIMINAL JUSTICE PLANNING 421 FUND GRANT THROUGH THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR. B.3 ADOPTED RESOLUTION NO. 2007-065 ABANDONING A SANITARY SEWER EASEMENT ON THE PROPERTY ADDRESSED AS 12629 EPPS FIELD ROAD. B.4 ADOPTED RESOLUTION NO. 2007-072 AMENDING SPECIFIC PROVISIONS OF RESOLUTION NO. 2007-020 WHICH APPROVED THE IMPLEMENTATION OF THE NEW HOME BUYER INCENTIVES PROGRAM. B.5 ADOPTED RESOLUTION NO. 2007-080 AMENDING SPECIFIC PROVISIONS OF RESOLUTION NO. 2007-021, WHICH APPROVED THE IMPLEMENTATION OF THE MAJOR REMODEL INCENTIVES PROGRAM. B.6 ADOPTED RESOLUTION NO. 2007-081 AMENDING SPECIFIC PROVISIONS OF RESOLUTION NO. 2007-022, WHICH APPROVED THE IMPLEMENTATION OF THE EXTERIOR MAKEOVER INCENTIVES PROGRAM. B.7 ADOPTED ORDINANCE NO. 2919 AMENDING THE FEE SCHEDULE IN THE CODE OF ORDINANCES. ORDINANCE No. 2919 AMENDING APPENDIX A "FEE SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH AS IT RELATES TO BUILDING PERMIT FEES FOR RESIDENTIAL ACCESSORY BUILDINGS AND PARKS AND RECREATION USER FEES. B.8 ADOPTED RESOLUTION NO. 2007-084 AWARDING THE PARKS AND RECREATION DEPARTMENT'S GROUNDS MAINTENANCE CONTRACT TO METRO LANDSCAPE MAINTENANCE, INC. IN AN AMOUNT NOT TO EXCEED $40,000. B.9 ADOPTED RESOLUTION NO. 2007-086 AWARDING THE BID FOR AUDIO AND VIDEO EQUIPMENT FOR FIRE STATION NO. 3 IN THE AMOUNT OF $56,775. Volume 99, page 93 B.10 ADOPTED RESOLUTION NO. 2011-011 AWARDING THE BID FOR THE CONSTRUCTION OF THE DENNIS LANE MEDIAN TO ADVANCED PAVING COMPANY IN THE AMOUNT OF $92,815.50. B.11 ADOPTED RESOLUTION NO. 2007-082 AUTHORIZING CHANGE ORDER NO. 1 TO A CONTRACT WITH KEN-DO CONTRACTING, L.P. FOR PAVEMENT SECTION REPAIRS AT VARIOUS LOCATIONS IN THE AMOUNT OF $100,000. B.12 ADOPTED RESOLUTION NO. 2007-077 AWARDING THE SANITARY SEWER LIFT STATION REPLACEMENT AT VALWOOD PARKWAY AND IH-35 TO NORTH TEXAS CONTRACTING, INC. IN THE AMOUNT OF $185,944. B.13 ADOPTED RESOLUTION NO. 2007-078 AWARDING THE SANITARY SEWER PROTECTION PROJECT ALONG FARMERS BRANCH CREEK NEAR LOST VALLEY LANE TO ARK CONTRACTING SERVICES, LLC IN THE AMOUNT OF $189,650. C.l PUBLIC COMMENTS. Jim Manning, 3712 Clubway, presented five recommendations to the City Council to make Farmers Branch a better place to live and asked to have these items placed on the next agenda. Rick Lyon, 3809 Wooded Creek, stated he would like to see sidewalks on both sides of Marsh Lane. Brian Burns, 13830 Heartside Place, expressed his concerns regarding non- residents using the Manske Library making it noisy and overcrowded. He also stated he would like to see the 287(g) program working in Farmers Branch. Elaine Luttrell, 13439 Glenside, stated she would like to have the Justice of the Peace Court that was located on Valwood in Farmers Branch back. She would like to have a report from the Council regarding the litigation issues and would like reports on the webworms and mosquito control. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE LEFLORE ADDITION BEING A REPLAT OF LOTS 1, 2, AND 3, BLOCK A OF SUNBECK CORNERS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed LeFlore Addition is a 0.91-acre site that is zoned a One-family Residence District (R-2) and is within the Sunbeck Corners Addition. The owners of the property, Barry and Laura LeFlore, propose to combine three existing lots into one lot and build a home on the lot. The LeFlore Addition combines Lots 1, 2, and 3, Block A of the Volume 99, page 94 Sunbeck Corners Addition into one lot. The final plat for LeFlore Addition conforms to all the zoning and subdivision requirements. The Texas Local Government Code requires that a public hearing be conducted for all replats in residential zoning that do not vacate a preceding plat; that a public notice be published in the newspaper; and that notifications be sent to owners of lots in the original subdivision and that are within 200 feet. A public notice was published in the Dallas Morning News and the required notifications were mailed. Texas law requires that a final plat must be approved if the plat meets all of the City's zoning and subdivision requirements. The LeFlore 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 LeFlore Addition final plat. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tern O'Hare, all voting "aye," closed the public hearing. Councilman Koch asked if this was the property that J Ringer intended to develop. City Engineer Jerry Murawski replied yes. Mr. Ringer had previously subdivided one large lot into three smaller lots. The proposed plat on the agenda combines the three small lots back into one large lot to build a large home. Councilman Koch asked what the size of the house would be. Mr. Murawski replied he did not know at this time. Councilman Koch asked if the trees were being preserved. Mr. Murawski stated he has not seen the layout of the house but he doubted that many, if any, trees would be removed. Mayor Pro Tern Robinson stated he drove by the property and all the trees were intact. There being no further discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Koch, all voting "aye," approved the LeFlore Addition final plat. C.3 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF THE FINAL PLAT OF NANCY H. STRICKLAND INTERMEDIATE SCHOOL BEING A REPLAT OF PROFESSIONAL TRAINING CENTER ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Carrollton/Farmers Branch Independent School District is the owner of 7.192 acres located at 3030 Fyke Road. The District is proposing to construct a new 81,853 sq. ft., two-story Volume 99, page 95 school building to be used as an intermediate school. The buildings that housed the learning center have been demolished. The property is being replatted to abandon an existing water line easement and existing fire lanes and to dedicate a new water line easement and new fire lanes to serve the new school. The property is zoned Residential District R-6 which allows public schools by right. The Carrollton/Farmers Branch Independent School District is requesting approval of the Final Plat of Nancy H. Strickland Intermediate School. The plat is consistent with the Texas Local Government code, and with City requirements for a replat. 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. The Planning and Zoning Commission recommends approval of the proposed Final Plat of Nancy H. Strickland Intermediate School. Mayor Phelps opened the public hearing. There were no public comments. A motion by Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman Scott, all voting "aye," approved the final plat of Nancy H. Strickland Intermediate School. CA PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2914 AMENDING ARTICLE 15, SECTION 15-104 OF THE COMPREHENSIVE ZONING ORDINANCE TO PROVIDE FOR HEIGHT LIMITATIONS ON DETACHED ACCESSORY BUILDINGS EQUAL TO OR LESS THAN 120 SQUARE FEET IN AREA IN ALL RESIDENTIAL ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In October 2006 the City Council toured many of the City's neighborhoods. Following the tour the Council suggested several initiatives to improve the general health, safety and welfare of the general public as well as enhance property appearance. One of the initiatives was to review the size and appearance of accessory buildings. Council indicated that accessory buildings 120 square feet or smaller should be constructed with a height proportional to the smaller area of the accessory building, similar to the height limitations on larger accessory buildings. Volume 99, page 96 The City Council suggested that the Planning and Zoning Commission make a Zoning Ordinance text amendment regarding the height of accessory buildings 120 square feet or smaller to a maximum of 10 feet to the peak of the roof (and 8 feet to the top plate). The amendment as proposed would reduce the overall visual impact of accessory buildings that may not be architecturally compatible with the main structure or other buildings in the neighborhood. The Planning and Zoning Commission studied the topic at its March 12, 2007 meeting and took formal action on April 23, 2007. The Planning and Zoning Commission unanimously recommended to the City Council to amend Section 15-104 to limit the overall height of accessory building to 10 feet to the peak of the roof and 8 feet to the top plate of the structure. The Planning and Zoning Commission unanimously recommended to the City Council to amend Section 15-104 of the Zoning Ordinance to limit the overall height of accessory building to 10 feet to the peak of the roof and 8 feet to the top plate of the structure. Mayor Phelps opened the public hearing. Paul Heller, 13806 Wooded Creek Drive, stated he would like clarification on Section 2, No. 4 of the Ordinance, should it be minimum or maximum. Building Official Jim Olk replied that the word minimum was a mistake and should read maximum. A motion by Councilman Smith, seconded by Councilman Koch, all voting "aye," closed the public hearing. Councilman Koch asked about the definition of accessory building. Mr. Olk replied in the next Ordinance before Council, there would be a definition of what is required to have a permit and certain things that are exempted from this permit. There being no further discussion, a motion by Mayor Pro Tem O'Hare, seconded by Councilman Scott all voting "aye," approved Ordinance No. 2914 to amend Section 15-104 subsections 4 and 6 of the Comprehensive Zoning Ordinance to limit the overall height of accessory buildings (120 square feet in area or less.) to ten feet (10') at the peak of the roof and eight feet (8') to the top plate, with the correction to Ordinance No. 2914, Section 2, "Detached accessory buildings 120 square feet in area or less shall observe a maximum top plate height of eight feet (8') from average natural grade". ORDINANCE NO. 2914 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; AMENDING SECTION 15-104 SUBSECTIONS 4 & 6 TO Volume 99, page 97 LIMIT THE HEIGHT OF BUILDINGS LESS THAN OR EQUAL TO 120 SQUARE FEET IN AREA; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2007-088 DETERMINING THE CATEGORIES OF THE CITY COUNCIL MEETING AGENDA AND THE PROCEDURE FOR REQUESTING FUTURE AGENDA ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the May 21, 2007 City Council Study Session a discussion occurred regarding the City Council agenda format and the "Public Comments" portion of the agenda. Currently, the agenda format has five categories. The first is comprised of ceremonial activities and a report on the Study Session. This is followed by the Consent Agenda that includes items such as permit requests and non-controversial items. Third is the "Citizen Participation" section that includes public hearings and public comments. Next are the "Discussion Items" which include such items as ordinance and policy amendments and variances. The last category is "Executive Items" which are those subjects that the Texas Open Meetings Act allows for closed-door briefings to Council. The City Manager expressed particular concern that the "Public Comments" portion of Council meetings could create situations whereby the City Council may fall out of compliance with the Texas Open Meetings Act. In order to assure compliance with state law, provide proper time for the public to participate in discussion of items before the City Council and maximize the efficiency of City Council meetings, the City Manager suggested that individuals who wish to bring an item before the City Council complete a form that will place that item on the agenda at a future City Council meeting. As stated in Resolution 84-131 passed by the City Council on July 16, 1984, the public has until noon on the Wednesday preceding a Council meeting to submit items for consideration. If the issue can be addressed administratively without Council action, the individual will be notified as to the resolution of the request. If the item is scheduled for a Council Meeting or Study Session, notification of the date will be provided to the individual making the request. The present use of cards to request to speak on specific items on the current agenda will not be changed. Texas State Law requires that agendas be posted for public perusal at least 72 hours before each Council meeting. Such notice allows the public to know which Volume 99, page 98 items will be discussed and allows time to prepare for meaningful participation in the meeting. The suggested procedure will provide an opportunity for the public to have meaningful interaction with Council members on topics of concern. City Administration recommends adoption of Resolution No. 2007-088, which determines the categories of City Council meeting agendas and provides for the procedure for requesting future agenda items. Paul Heller, 13806 Wooded Creek Drive, spoke in opposition of the proposed Resolution No. 2007-088, regarding "Public Comments." James Bagby, 2805 Lineville, #202-5, spoke in opposition of the proposed Resolution No. 2007-088, regarding "Public Comments" and hopes it is not adopted. Mayor Pro Tern Robinson stated citizens in Farmers Branch have the opportunity to address the Council at any time. Mayor Pro Tern Robinson asked City Attorney Matt Boyle, if a comment were made and someone in the audience wanted to respond, would they be able to. Mr. Boyle replied they would have the opportunity. Mayor Pro Tern Robinson stated there are many items discussed that the Council would like to respond to but under state law Council cannot respond and he feels this is a problem both for the community and for the Council. He stated it is not difficult to place items on the agenda and it gives everyone notice of what will be on the upcoming agenda. He stated he does not feel it limits citizens speaking to the Council and it gives more opportunity for open communication. Mayor Pro Tern O'Hare stated the proposed Resolution encourages citizen's participation because they will know beforehand want will be placed on the agendas and show up at the Council meeting for discussion. He stated currently citizens can speak but the Council cannot respond. Also when Council places an item on the agenda it has to be posted with a 72-hour notice. Mayor Pro Tern O'Hare stated there has been numerous inaccurate statements made during the "Public Comments," and when a statement was corrected, it was never mentioned to the public during "Public Comments." For that reason he believes this is something that needs to be done. Councilman Scott gave an example that during "Public Comments" someone mentioned marketing the City but Council was not able to discuss the issue. He stated he believes the proposed Resolution will encourage more citizen participation and be more productive. Councilman Koch stated he has concerns with the proposed Resolution and would like to have it revisited in 180 days to see how this process is working. He Volume 99, page 99 thanked Mr. Lyon for his earlier comments and Mr. Manning for his list of items and felt that some of these items would be good topics for a future meeting. Councilman Smith made a motion to table the proposed Resolution No. 2007-088 for future consideration. There was no second motion, the motions died for lack of a second motion. Rick Lyon, 3809 Wooded Creek Drive, stated he likes the idea of the proposed Resolution but his concern is someone editing out what will or will not be put on the agenda. City Manager Gary Greer stated the City Manager is in charge of managing the agenda. He stated it is his intent to have the item placed on one of the upcoming agendas. He stated this is a democracy and if citizens want to address the Council they can do that, it is his responsibility to see that it is done in a timely and efficient manner. Mr. Greer stated he would like to see all items on the agenda so that the items can be discussed and handled correctly. Councilman Scott stated he understands the concerns Mr. Lyon has on the editing of what should go on the agenda. He stated Council would review items that go on the agenda, items that do not go on the agenda; Council would review to see if this would be a good policy. Mayor Pro Tern O'Hare stated he believes the proposed Resolution would see more interaction with the residents. He stated he does not favor non-residents speaking at the Council meeting but would never vote on something that would keep the residents from speaking at a City Council meeting. He feels that the proposed Resolution will be very beneficial to the City. Councilman Koch asked for clarification on the items that will be submitted for the agenda. Mr. Greer replied if the item cannot be addressed administratively then it will be placed on the agenda. Councilman Scott asked if Council would have access to the items handled administratively. Mr. Greer replied there would probably be a multi stage process and Council would receive copies of all requests that can be handled administratively. If the citizen is not satisfied then it is appropriate they come forward. Paul Heller, 13806 Wooded Creek Drive, had thought that a Councilperson could answer with factual information and not violate the Texas Open Meeting Act. He also stated that if public comments were left on the agenda, the council could put those comments on a future agenda. Volume 99, page 100 Jim Manning, 3712 Clubway, stated he did not know all this time he had been speaking before the Council during "Public Comments" that Council could not respond. Mayor Phelps replied that he reads that information at every meeting. There being no further discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2007- 088, which determines the categories of City Council meeting agendas and provides for the procedure for requesting future agenda items. D.2 CONSIDER ADOPTING ORDINANCE NO. 2916 AMENDING THE CODE OF ORDINANCES REQUIRING A BUILDING PERMIT FOR ALL ACCESSORY BUILDINGS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In October 2006 the City Council toured many of the City's neighborhoods. Following the tour the Council suggested several initiatives to improve the general health, safety and welfare of the general public as well as enhance property appearance. One of the initiatives was to review the size and appearance of accessory buildings. The Council indicated that accessory buildings 120 square feet or smaller should be limited in height in proportion to the larger accessory buildings. Additionally, Council indicated that City staff should review the placement and size of all accessory structures to insure compliance with the City's regulations. To accomplish this initiative, Council indicated that establishing a building permit process for accessory buildings would allow staff to review and verify that proposed accessory buildings would be in compliance with the City's zoning and building regulations prior to their construction or placement. The amendment as proposed would remove detached accessory buildings from the list of items that do not require a building permit and add the words "dog houses" to the list of items that do not require a permit. City Administration recommends adoption of Ordinance No. 2916 which amends subsection R105.2 of Section 22-101 of the Code of Ordinances by deleting the exception for a building permit for accessory buildings less than 120 square feet in area. There being no discussion, a motion by Councilman Smith, seconded by Councilman Scott, all voting "aye," adopted the following captioned Ordinance No. 2916 which establishes a requirement for a building permit for accessory buildings. ORDINANCE NO. 2916 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 22-101 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH; AS IT RELATES TO DETACHED ACCESSORY BUILDINGS LESS THAT 120 SQUARE Volume 99, page 101 FEET IN AREA, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were not travel reports, Council Committee or organizational reports. A motion by Deputy Mayor Pro Tern Robinson, seconded by Mayor Pro Tern O'Hare, all voting "aye," approved travel for City Manage Gary Greer to attend the TCMA Annual Conference held in San Antonio, June 20 through June 24, 2007 and the Annual ICMA Annual Conference held in Pittsburg, Pennsylvania, October 6 through October 11, 2007. The ICMA trip will be Mrs. Greer's yearly reimbursement trip. 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 8:10 P.M. AND CONCLUDED THE EXECUTIVE SESSION AT 8:55 P.M. AFTER 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. Mayor Phelps stated there were no economic development incentives to discuss. E.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch Barrietos, et al., v. Farmers Branch Villas at Parkside Partners, et.al., v. Farmers Branch Alfredo Vasquez, et.al., v. Farmers Branch Valentine Reyes, et.al., v. City of Farmers Branch Volume 99, page 102 Mayor Phelps stated Mr. Steve Smith and Mr. Dave Rogers with the Texas Legal Foundation were present to discuss these items with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tern Robinson, a second by Councilman Scott, all voting "aye," adjourned the City Council meeting of June 18, 2007 at 8:56 p.m. 1 s Bob Phelps, Mayor Cindee Peters, City Secretary Volume 99, page 103