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2008-02-05 CC Minutes City of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, February 5, 2008 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 Tem. 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 Greg Vick City Secretary Cindee Peters City Attorney Michael Kallas Communications Director Tom Bryson City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Human Resources Director Kathy Shields Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Mayor Phelps called the City Council meeting of February 5, 2008 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Scott gave the invocation and led the pledge of allegiance. A.2 CONSIDER ACCEPTING A $1,000 DONATION FROM WAL-MART TO THE FARMERS BRANCH SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the Wal-Mart Foundation wishes to make a donation of $1,000 to the Farmers Branch Senior Center on behalf of the Dallas Wal-Mart Volume 100, page 104 Optical Lab. This generous gift demonstrates Wal-Mart's continued support of the City of Farmers Branch and its programs and services. The donation will be utilized by the Senior Center to purchase a new projector and a GPS unit to be used on bus trips. Both these items will help enrich the lives of seniors who participate in activities at the Senior Center. Mr. John Whaley, of the Dallas Wal-Mart Optical Lab, presented the check to Ed Toliver of the Senior Center. A motion by Councilman Smith, a second by Mayor Pro Tern O'Hare, all voting "aye", accepted the donation with the appropriate thank you letter to be sent. A.3 CONSIDER APPOINTMENT OF GLENNA GRIMMER AS A BOARD MEMBER EMERITUS OF THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND PRESENTATION OF PROCLAMATION RECOGNIZING HER APPOINTMENT, AND TAKE APPROPRIATE ACTION. Mayor Phelps explained the Historical Preservation and Restoration Board voted unanimously at their January 15, 2008 meeting to recommend to City Council that Glenna Grimmer be appointed as a Board Member Emeritus under the guidelines of Ordinance No. 2668. Glenna Grimmer was a charter member of the Historical Preservation and Restoration Board and was appointed in January 1982. She served with distinction until her retirement from the Board in December 2007. Glenna has been an active member on the Board and has served in various capacities including Board Chair. Glenna has been active in the oral history and living history committees. Glenna has also written two books featuring the Historical Park. When Glenna first joined the Historical Preservation and Restoration Board, the Historical Park was just a dream. Now, 26 years later, the Park has grown from two historic buildings with no infrastructure to a dozen structures, numerous special events, extensive educational programming, and over 50,000 visitors a year. Glenna Grimmer had an active and vital role in the Farmers Branch Historical Park becoming what it is today. Mayor Phelps read a proclamation and presented Glenna Grimmer with a plaque. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye", appointed Glenna Grimmer as a Board Member Emeritus of the Historical Preservation and Restoration Board. Volume 100, page 105 A.4 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. Mayor Phelps explained one of the goals of the City Council is to improve the appearance of the City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. The awards for February's Yards of the Month were: 13567 Rawhide, 3353 Pebble Beach, 12939 Epps Field and 3109 Spur Trail. A.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. This item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. A motion by Mayor Pro Tern O'Hare, a second by Councilman Scott, all voting "aye", reappointed Barbara Sisserson-Honnoll to the Historical Preservation and Restoration Board. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", reappointed Michael Fitzpatrick and appointed Gary D. Greer to the Valwood Improvement Authority. A.6 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief summary of 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 Tern O'Hare, a second by Councilman Koch, all voting "aye," added item C.2 to the consent agenda. A motion by Mayor Pro Tern O'Hare, a second by Councilman Smith, all voting "aye," approved the consent agenda as amended. Volume 100, page 106 B.1 CONSIDER APPROVAL OF MINUTES OF CITY COUNCIL MEETING OF JANUARY 22, 2008. B.2 APPROVED OF RESOLUTION NO. 2008-009 APPROVING THE REQUEST OF THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT FOR A SITE PLAN FOR AN ADDITION AND RENOVATIONS TO THE EXISTING BROOKHAVEN COLLEGE AUTOMOTIVE TECHNOLOGY BUILDING. B.3 ADOPTED RESOLUTION NO. 2008-008, AWARDING AN INCENTIVE GRANT IN THE AMOUNT OF $2,103.30, PERMIT REBATE OF $45, AND COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED $3,629.40 UNDER THE MAJOR REMODEL INCENTIVE PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 14115 TANGLEWOOD DRIVE. B.4 ADOPTED RESOLUTION NO. 2008-011 AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF SEVENTEEN REPLACEMENT VEHICLES FOR THE POLICE DEPARTMENT AND THE COMMUNITY SERVICES DEPARTMENT. B.5 ADOPTED RESOLUTION NO. 2008-010 AWARDING THE BID FOR THE VALLEY VIEW LANE PEDESTRIAN BRIDGE OVER FARMERS BRANCH CREEK TO JIM BOWMAN CONSTRUCTION COMPANY, LP AND TAKE APPROPRIATE ACTION. B.6 ADOPTED RESOLUTION NO. 2008-006 ACCEPTING A WATER EASEMENT DEDICATED BY PARISH DAY SCHOOL OF THE EPISCOPAL CHURCH OF THE TRANSFIGURATION ON LOT 1, BLOCK A OF THE PARISH EPISCOPAL SCHOOL ADDITION. B.7 ADOPTED RESOLUTION NO. 2008-004 ABANDONING TWO FIRE LANE EASEMENTS AND TWO UTILITY EASEMENTS ON LOT 1 AND LOT 2, BLOCK A OF HILTON REVISED ADDITION AND ACCEPTING A FIRE LANE EASEMENT ON LOT 1, BLOCK A OF HILTON REVISED ADDITION. B.8 ADOPTED RESOLUTION NO. 2008-001 TO DEDICATE A FIRE LANE EASEMENT ON CITY PROPERTY LOCATED ON KEENAN BRIDGE ROAD. B.9 ADOPTED RESOLUTION NO. 2008-012 TO AMEND RESOLUTION NO. 2007-143 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO ALTIVITY PACKAGING AS AN ALTERNATE SUPPLIER IN ACCORDANCE WITH CONTRACT PROVISIONS. Volume 100, page 107 B.10 ADOPTED ORDINANCE NO. 2953 APPROVING GAS RATES FOR ATMOS ENERGY. ORDINANCE NO. 2953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ("CITY") APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "THE COMPANY") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE TARIFFS TO BE JUST AND REASONABLE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. B.11 ADOPTED RESOLUTION NO. 2008-007 ABANDONING PORTIONS OF WATER EASEMENTS ON LOT 3, BLOCK A IN THE PRAIRIE CROSSING ADDITION. B.12 ACCEPTED THE $6,000 DONATION FROM MRS. DOLLY GRAUL TO THE FARMERS BRANCH HISTORICAL PARK. C.2 ADOPTED RESOLUTION NO. 2008-013 ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2007 AS SUBMITTED BY GRANT THORNTON, LLP. C.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2950 APPROVING THE REQUEST OF CHURCHILL RESIDENTIAL, INC. TO AMEND THE PLANNED DEVELOPMENT NO. 81 ZONING DISTRICT RELATIVE TO COMMERCIAL SPACE REQUIREMENTS ASSOCIATED WITH RESIDENTIAL DEVELOPMENTS AND ROADWAY AND ACCESS REQUIREMENTS PRECEDENT TO ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR APPROXIMATELY 3 ACRES LOCATED AT 11701 MIRA LAGO BOULEVARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The PD-81 zoning district comprises approximately 66 acres. The requested amendment pertains to a single Volume 100, page 108 3-acre lot within the zoning district. A site plan for a 90-unit senior independent living community has been approved and is currently under construction. Current zoning requires that residential developments include at least twenty (20) square feet of commercial space for every dwelling unit built and that certain roadway improvements be in place prior to issuance of Certificates of Occupancy. Required roadway improvements include a one-way, public street access to a yet- to-be built frontage road along the south side of the LBJ Freeway west of Luna Road and an emergency-only access drive connected to the same frontage road. The proposed zoning amendment would: delete the commercial space requirement; delete the emergency access requirement; and allow occupancy of the development prior to availability of the street access to the future frontage road. The lack of nearby households and office and commercial uses, poor visibility and limited access to LBJ Freeway and the abundance of commercially zoned property within this planned development, creates a significant challenge for the developer to establish successful commercial space on the subject property. Circumstances beyond the control of the City and the developer have created unexpected delays in construction of the required frontage road; and based on the proposed design of the eastbound frontage road and current TXDOT design standards, the City has determined that the emergency access point to the future LBJ frontage road is not feasible. These amendments are identical to the PD-81 amendments approved in November 2007 for 11601 Lago Vista Boulevard, located immediately south of the subject property. The Planning and Zoning Commission, by a vote of 9 to 1, recommends approval of proposed Ordinance No. 2950 amending the PD-81 zoning district as requested. Mayor Phelps opened the public hearing. A motion by Councilman Smith, a second by Mayor Pro Tem O'Hare, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2950 amending the PD-81 zoning district as requested. ORDINANCE NO. 2950 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING ARTICLE 3 AND ARTICLE 10 OF Volume 100, page 109 ORDINANCE NO. 2578, WHICH ESTABLISHED THE PLANNED DEVELOPMENT NO. 81 ZONING DISTRICT, RELATIVE TO COMMERCIAL SPACE REQUIREMENTS ASSOCIATED WITH RESIDENTIAL DEVELOPMENT AND ROADWAY AND ACCESS REQUIREMENTS PRECEDENT TO ISSUANCE OF CERTIFICATES OF OCCUPANCY FOR APPROXIMATELY 3 ACRES KNOWN AS LOT 1, BLOCK A OF LAGO VISTA EVERGREEN AND LOCATED AT 11701 MIRA LAGO BOULEVARD; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER REQUEST OF MS. JUNIE SMITH TO DISCUSS THE FARMERS BRANCH MARKETING PLAN. Ms. Junie Smith discussed various concerns she has with the Farmers Branch marketing plan. Ms. Smith explained she was very concerned about a banner that was advertising shopping venues. Several Council members explained that the banner was advertising Farmers Branch and how close major stores are located. D.2 CONSIDER ADOPTING ORDINANCE NO. 2951 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR MAYOR AND PLACE 2 ON MAY 10, 2008 AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 10, 2008 an election for Mayor and Place 2 will be held in Farmers Branch. City Administration is currently working with Dallas County Elections Department on the polling locations for Election Day. The positions for Mayor and Place 2 will serve three- year terms. Early voting shall be conducted in the city hall on the following dates: Monday, April 28, 2008, and continue through Friday, May 2, 2008, between 8:00 a.m. and 5:00 p.m.; Saturday, May 3, 2008, between 8:00 a.m. and 5:00 p.m.; Sunday, May 4, 2008, between 1:00 p.m. and 6:00 p.m.; and Monday, May 5, 2008, and Tuesday, May 6, 2008, between 7:00 a.m. and 7:00 p.m. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", adopted the following captioned Ordinance No. 2951 issuing the Election Order calling for a City Council Election for Mayor and Place 2 to be held on May 10, 2008. Volume 100, page 110 ORDINANCE NO. 2951 ORDER CALLING AN ELECTION FOR MAYOR AND COUNCIL MEMBER PLACE 2. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports, requests or committee reports. E.1 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 Mayor Phelps explained the City did not have an executive session. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated no action was necessary. F.2 ADJOURNMENT. A motion by Councilman Robinson, a second by Councilman Smith, all voting "aye", adjourned the City Council meeting ofFebrL5, at 7:23 p.m. Bob Phelps, M *or Cindee Peters, City Secretary Volume 100, page 111 City of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, February 19, 2008 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Tim O'Hare Deputy Mayor Pro Tem 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 Greg Vick Assistant City Manager Shanna Sims-Bradish City Secretary Cindee Peters City Attorney Michael Kallas Communications Director Tom Bryson City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Human Resources Director Kathy Shields Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Mayor Phelps called the City Council meeting of February 19, 2008 to order at 6:30 p.m. The meeting was televised. A.I INVOCATION AND PLEDGE OF ALLEGIANCE. Mr. Roger Smith, Worship Minister at Farmers Branch Church of Christ gave the invocation and Councilman Scott led the pledge of allegiance. A.2 PROCLAIM FEBRUARY 24-MARCH 1, 2008 AS "SEVERE WEATHER AWARENESS WEEK" IN FARMERS BRANCH. Mayor Phelps presented the following information. The proclamation declares February 24-March 1, 2008 as "Severe Weather Awareness Week." The City of Volume 100, page 112 Farmers Branch would like to remind citizens that springtime brings an increased threat of dangerous weather. The City encourages citizens to prepare now by creating and implementing a family disaster plan. Severe weather planning assistance is being offered to all schools in Farmers Branch and during routine fire inspections. Severe weather education information is being updated and broadcasted on FBTV, AM 1670 and the Fire Department's web site. Those wanting to find out more about preparing for severe weather may contact the Farmers Branch Fire Department. Mayor Phelps presented a proclamation to Fire Chief Kyle King. A.3 CONSIDER ACCEPTING A DONATION FROM ET WATER SYSTEMS TO THE FARMERS BRANCH PARKS AND RECREATION DEPARTMENT FOR THE NATIONAL EARTHKIND TRIAL ROSE GARDEN AND DISPLAY GARDEN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. ET Water Systems manufactures and markets an irrigation management system that automatically adjusts landscape watering schedules in response to changing weather conditions. ET Water Systems would like to donate an ETwater Smart Controller to be used in conjunction with the scientific research that will be conducted with the National EarthKind Trial Rose Garden. The system is projected to reduce water usage by 20-40% as compared to a conventional irrigation controller. The controller will allow for remote monitoring and management through ET Water Systems' internet-based system. The value of the controller is $2,000.00. Amy Hall with ET Water Systems is present at tonight's Council meeting. City Administration recommends accepting the donation of the ETwater Smart Controller from ET Water Systems. A motion by Mayor Pro Tem O'Hare, a second by Councilman Smith, all voting "aye" accepted the donation from ET Water Systems with appropriate thank you letter. A.4 CONSIDER ACCEPTING A DONATION OF IRRIGATION SUPPLIES AND ROSE PLANTS FROM THE HOUSTON ROSE SOCIETY FOR THE NATIONAL EARTHKIND TRIAL GARDEN AND DISPLAY GARDEN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Houston Rose Society (HRS) has recognized that there is a large group of people that would like to grow roses but are intimidated by the prospect of successfully adding roses to their Volume 100, page 113 landscape. As a result, in 2001 the HRS made the decision to fund sound scientific research to identify a collection of roses that will grow anywhere in the United States with minimum care once established. This research was to be conducted by Dr. Steve George of Texas A&M University. Farmers Branch was selected as the site for the National EarthKind Trial Rose Garden. The HRS would like to donate the irrigation supplies to irrigate the EarthKind garden and the 400 rose plants to be researched. The estimated value of this gift is $12,000.00. City Administration recommends accepting the donation of irrigation supplies and rose plants from the Houston Rose Society. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye", accepted the irrigation supplies and rose plants with appropriate thank you letter. A.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. There are three vacancies on the Senior Advisory Board. There is a vacancy on the Historical Preservation and Restoration Board with the Board Member Emeritus of Glenna Grimmer. The following member of the Historical Preservation and Restoration Board has a term that expired on February 1, 2008: Roger McKemie A motion by Councilman Smith, a second by Mayor Pro Tern O'Hare, all voting "aye", reappointed Roger McKemie to the Historical Preservation and Restoration Board. A.6 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief summary of 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 Volume 100, page 114 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 Tern O'Hare, a second by Councilman Robinson, all voting "aye," approved the consent agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 5, 2008. B.2 ADOPTED ORDINANCE NO. 2956 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE 11, DIVISION 6, SECTION 82- 95; RELATIVE TO PROHIBITING PARKING ALONG PROTON ROAD EXCEPT DURING CERTAIN HOURS. ORDINANCE NO. 2956 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE 11, OPERATION OF VEHICLES, DIVISION 6, PARKING, SECTION 82-95, NO PARKING ZONES; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. C.1 CONSIDER ADOPTING ORDINANCE NO. 2957 AMENDING CHAPTER 62 OF THE CODE OF ORDINANCES ESTABLISHING SIGN, ADVERTISING AND MERCHANDISE DISPLAY REGULATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Current sign regulations that are universally applicable throughout Farmers Branch have not been substantially updated since the early 1990s. Sign regulations are also distributed among three different types of documents: the Comprehensive Zoning Ordinance; a former version of the City's Code of Ordinances that was preserved and exists separately from the current Code of Ordinances; and multiple Planned Development zoning districts for which unique standards may have been crafted. At the City Council's December 4, 2007 Study Session, staff presented suggested changes to the sign regulations to address these issues. Based on direction received from City Council staff has prepared proposed Ordinance No. 2957 to update the sign and merchandise display regulations and address related concerns expressed by Council and Farmers Branch retail businesses. Proposed Ordinance No. 2957 will: Consolidate all sign regulations except those uniquely crafted for individual Planned Development zoning districts; Volume 100, page 115 Provide retailers more flexibility to advertise special events with banners; Provide for the on-going maintenance of signs and removal of obsolete signs; Limit window signs to reduce visual clutter; Allow use of electronic and manual changeable message signs (subject to certain limitations) Prohibit outdoor ad boxes and vending machines; and Establish other provisions to facilitate administration and add clarity to regulations and improve the appearance of signs. A motion by Mayor Pro Tem. O'Hare, a second by Councilman Koch, all voting "aye", adopted the following captioned Ordinance No. 2957 that establishes sign and merchandise display. ORDINANCE NO. 2957 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 62 OF THE CODE OF ORDINANCES; ESTABLISHING SIGN, ADVERTISING AND MERCHANDISE DISPLAY REGULATIONS; PROVIDING FOR A PENALTY OF UP TO TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER ADOPTION OF ORDINANCE NO. 2958 AMENDING SECTION 8-108 AND ARTICLE 14, "SIGN REGULATIONS," OF THE COMPREHENSIVE ZONING ORDINANCE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Consideration of this agenda item is contingent upon action taken under Agenda Item C.1 relative to establishing sign regulations intended to replace those currently found in Section 8-108 and Article 14d of the Comprehensive Zoning Ordinance via adoption of Ordinance No. 2957. Proposed Ordinance No. 2958 deletes all existing sign regulations from the Comprehensive Zoning Ordinance and makes reference to the provisions of Chapter 62 in the Code of Ordinances relative to placement of signs and display of merchandise. No other provisions of the Comprehensive Zoning Ordinance are affected. Approval of proposed Ordinance No. 2958 is necessary to preclude regulatory redundancy and conflict created with the adoption of Ordinance No. 2957. The Planning and Zoning Commission, by unanimous vote, recommends that the Comprehensive Zoning Ordinance be amended as so provided by Ordinance No. 2958. Volume 100, page 116 Mayor Phelps opened the public hearing. A motion by Mayor Pro Tern O'Hare, a second by Councilman Koch, all voting "aye", closed the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tem O'Hare, all voting "aye", adopted the following captioned Ordinance 2958 addressing sign regulations in the Comprehensive Zoning Ordinance. ORDINANCE NO. 2958 AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING ORDINANCE NO. 769, OTHERWISE KNOWN AS THE COMPREHENSIVE ZONING ORDINANCE; AMENDING Section 8-108 and Article 14, "Sign Regulations;" PROVIDING FOR A PENALTY CLAUSE OF $2,000.00 PER INCIDENT; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no Council travel reports, requests, or organizational reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY COUNCIL MEETING AT 6:30 P.M. MAYOR PHELPS EXPLAINED THE CITY COUNCIL RECESSED INTO EXECUTIVE SESSION AND THEN RECONVENED INTO GENERAL SESSION. THE DISCUSSION BEGAN AT 7:10 P.M. AND CONCLUDED AT 8:52 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 PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch, 06-12227; 07-04936; 08-01277 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 100, page 117 Mayor Phelps explained that representatives from Strasburger & Price, LLP were present to discuss pending litigation. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss purchase, exchange, lease or value of real property in the following areas: for the area generally bounded by Midway Road, Valwood Parkway and Beltline, I-635 and Denton Drive. Mayor Phelps explained that City Manager Gary Greer discussed land acquisition possibilities and proposals 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 Councilman Robinson, a second by Mayor Pro Tem O'Hare, all voting "aye", adjourned the City Council meeting of February 19, 2008 at 8:53 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 100, page 118