2008-02-19 CC Minutes
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 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 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.1 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 Tem 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 II, 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 II,
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 l4d 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 Tem 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.
F
1
t G
Bob Phelps, Mayor Cindee Peters, City Secretary
Volume 100, page 118