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2012-02-21 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, February 21, 2012 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers Study Session was called to order by Mayor Glancy at 4:00 p.m. with following members of the City Council present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers William P. Glancy David Koch Michelle Holmes Ben Robinson Tim Scott Harold Froehlich The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims - Bradish Assistant City Manager Matt Benoit Assistant to the City Manager Rachael Johnson City Attorney Kevin Laughlin Finance Director Charles Cox Deputy Chief /Fire Marshall Tim Dedear Police Chief Sid Fuller Director of Parks and Recreation Jeff Harting Director of Public Works Mark Pavageaux Director of Equipment Services Kevin Muenchow Director of Economic Development John Land Communications Director Tom Bryson Director of Planning & Zoning Andy Gillies Assistant to the Public Works Director John Roach And with a quorum present, the following items were addressed: STUDY SESSION A.1 Discuss regular council meeting agenda items. Councilmember Froehlich voiced concern that approval of Agenda Item E.2, which would allow head -in parking on Kerr Place, would set precedence. Assistant City Manager Matt Benoit stated the Police, Fire and Public Works Departments had all reviewed the request and have no objection. Matt further stated a request of this type would need to be reviewed on a case by case basis. Mayor Pro Tem Koch asked for clarification on Agenda Item C.4 regarding the requested rate change by Atmos Mid -Tex. Assistant to the Public Works Director John Roach, Eileen McFee with the Atmos Cities Steering Committee, and Ray Granado with Atmos Mid -Tex provided information regarding the proposed rate change. Mayor Glancy reported on Item B.3 stating Angie Mayo and other members of the Community Watch Committee would like be reappointed. A.2 Receive Update on the "Love the Branch" Campaign. Erik Radle, Vice President of Sales & Operations for the Miller Ad Agency, gave an overview of the "Love the Branch" campaign. The campaign has reached 100 days and includes a variety of promotional mediums, such as the "Love the Branch" website, radio campaigns, brochures, email subscriptions, ads in trade magazines, online displays (web banners), sports field banners, light pole banners, bumper stickers, and acetates. In addition, a local radio personality has also made several televised ad campaigns for FBTV at no additional cost to the City. A formal update will be presented at the March 6, 2012 City Council meeting. A.3 Discuss revising the Comprehensive Zoning Ordinance regarding Indoor Vehicle Sales as permitted use in L1 zoning districts. Andy Gillies, Planning Director, stated there are currently 23 indoor vehicle dealerships in the City and that number is anticipated to increase. After some discussion, staff was directed to move forward with revising the Comprehensive Zoning Ordinance. AA Discuss councilmember appointments to a panel to interview city audit firms. Councilmembers Robinson and Deputy Mayor Pro Tern Holmes will serve on the panel, along with Mayor Glancy. Charles Cox, Finance Director, will coordinate a date and time. A.5 Receive briefing on the proposed amendments to the Code of Ordinances for residential lots adjacent to the Brookhaven Country Club golf course. Because they own property that is within the area relating to this agenda item, the City Attorney stated Deputy Mayor Pro Tern Holmes and Councilmember Froehlich had signed affidavits stating such and that they would both abstain from any participation relating to Item A.5. They both left the room while the item was discussed. Andy Gillies, Planning Director, provided information regarding the proposed amendments and a brief account of the Planning & Zoning Commission's meeting held on February 13, 2012. Councilmember Scott stated he had reviewed the architectural committee and deed restrictions for the area. He also stated most of the reply cards received from area residents were in favor of the amendments. Councilmember Robinson asked if people were told that existing accessory structures are allowed and that only new construction or remodels would be affected by this change. Staff reported this had been conveyed. A public hearing relating to this item will be held on March 6, 2012. A.6 Discussion of items to be placed on a future Council agenda meeting (discussion is limited to determination of whether to place an item on a future Council agenda). No other items were discussed. The Study Session meeting concluded at 5:40 p.m. REGULAR MEETING The Regular Meeting was called to order by Mayor Glancy at 6:02 p.m. B.1 Invocation and Pledge of Allegiance. Councilmember Robinson gave the Invocation and Mayor Pro Tern Koch led the Pledge of Allegiance. B.2 Proclaim the month of March 2012 as "American Red Cross Month" in Farmers Branch, Texas. Mayor Glancy presented Peg Carter, Ina Bostick, and Robert Bostick, veteran disaster services volunteers with American Red Cross, with a proclamation. Deputy Chief /Fire Marshall Tim Dedear thanked them for their services to Farmers Branch. B.3 Consider Board and Commission Appointments and take appropriate action. Motion by Councilmember Robinson to reappoint the following members to the Community Watch Committee: Angie Mayo Jon Diamond Rena Herod Renee Junkin -Luck Wanda Barker Jennifer Maddux Brenda Brodrick Motion seconded by Councilmember Scott; motion passed with all ayes. B.4 Report on Study Session items. Deputy Mayor Pro Tern Holmes reported on the "Love the Branch" campaign and Councilmember Scott reported on the proposed amendments to the Code of Ordinances relating to residential lots adjacent to the Brookhaven Country Club golf course. B.5 Report on items of Community Interest. Pursuant to Section 551.0415 of the Texas Government Code the City Council may report on the following items: 1.) expression of thanks, congratulations or condolences, 2.) information about holiday schedules, 3.) recognition of individuals, 4.) reminders about upcoming city events, 5.) information about community events and 6.) announcements involving an imminent threat to public health and safety. Mayor Pro Tern Koch announced a state district judge summarily dismissed a lawsuit brought against the City and former Mayor O'Hare by Farmers Branch resident Matt Wenthold who claimed a First Amendment violation. Mayor Pro Tern Koch also stated his gratification at seeing new businesses coming to Farmers Branch. City Manager Gary Greer introduced Angie Kelly, the City's new City Secretary and thanked Assistant City Manager Sharma Sims - Bradish for serving as interim City Secretary. He also presented the City Manager's report. CONSENT AGENDA Mayor Glancy stated items on the consent agenda may not need to be discussed individually. Any member of the City Council may request to withdraw any item from the consent agenda and place them 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. C.1 Consider approval of minutes of the City Council Planning Retreat meeting of January 27, 2012 and the City Council meeting of February 7, 2012 and take appropriate action. C.2 Consider adopting Ordinance No. 3169 abandoning three easements on Lot 2, Block A, Hilton Revised Addition; consider passing Resolution No. 2012 -006 authorizing the City Manager to execute a Developer's Contract with GS Multifamily Dallas Galleria, LLC and approving the final plat of Galleria Apartments, Lot 1, Block A, and take appropriate action. C.3 Consider adopting Resolution No. 2012 -007 approving an agreement with Birkhoff, Hendricks and Conway, LLP for engineering services associated with painting the storage tank located at 14337 Gillis Road not to exceed $60,500 and take appropriate action. CA Consider adopting Resolution No. 2012 -014 suspending the March 6, 2012 effective date of Atmos Energy Corp., Mid -Tex Division's requested rate change for the maximum period allowed by law and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Items C.1 through C. 4; motion seconded by Councilmember Froehlich. Motion passed with all ayes. REGULAR AGENDA ITEMS E.1 Consider approval of Ordinance No. 3177 approving an Interim Specific Use Permit (5 Years) for General Automotive Repair and limited Outdoor Storage located at 3607 Gardenbrook Drive and take appropriate action. This site is located within a Light Industrial (LI) zoning district. Planning Director Andy Gillies stated a public hearing for this case was originally heard on February 7, 2012. He reported the City Council voted to postpone final action until the February 21 st meeting. A small area located along the east side of the building is proposed to be used for outdoor storage of a trailer. The boat previously being stored there has been removed. Motion by Mayor Pro Tem Koch to approve Ordinance No. 3177; motion seconded by Deputy Mayor Pro Tem Holmes. Motion passed with all ayes. E.2 Consider adopting Ordinance No. 3179 Amending the Code of Ordinances, Chapter 82, "Traffic and Vehicles ", Article II "Operation of Vehicles ", Division 6 "Parking ", Section 82 -93 "Angle Parking" by authorizing angle parking in the 13200 Block of Kerr Place and take appropriate action. Assistant City Manager Matt Benoint stated the City had received a request from a resident of Kerr Place to allow "head -in" parking in the cul -de -sac on his street. He reported the Texas Transportation Code, Section 545.303 requires a vehicle to be parked parallel to and within 18 inches of the right -hand curb or edge of the roadway and that Subsection (c) allows a local authority to permit angle parking on a roadway by ordinance. The Police, Fire and Public Works Departments have all reviewed this request and have no objection. The five (5) residences of the cul -de -sac were all notified of the proposed change. Motion by Councilmember Robinson to approve Ordinance No. 3179; motion seconded by Deputy Mayor Pro Tem Holmes. Motion passed with all ayes. E.3 Presentation of Police Traffic Stop Data for Calendar Year 2011 as required by Texas Code of Criminal Procedure Section 2.132. Police Chief Sid Fuller stated the Texas Code of Criminal Procedure requires an annual report to the governing body and that the Professional Development Institute from the University of North Texas was contracted to conduct a comprehensive analysis of this data as well as the Farmers Branch Police Department's policies, training, and procedures as it pertains to racial profiling. Based on the report, Farmers Branch is in compliance. The City Council took a break at 6:40 p.m. EXECUTIVE SESSION F.1 Discuss land acquisitions - Texas Government Code Section 551.072. Discuss purchase, exchange, lease or value of real property in the following area: for the area generally bounded by Midway Road, Valwood Parkway and Belt Line Road, I -635 and Denton Drive The City Council convened into Executive Session at 6:52 p.m. THE COUNCIL RECONVENES INTO OPEN SESSION G.1 Consider necessary action on items discussed in the Executive Session. The City Council reconvened into Open Session at 7:17 p.m. Motion by Deputy Mayor Pro Tem Holmes authorizing the City Manager to negotiate and sign on behalf of the City a contract with the Farmers Branch Local Government Corporation to sell Lot 0001, Block A, Letha Lee Heights, an Addition to the City of Farmers Branch, Texas, for the purpose of being resold to Curtis Small subject to a restriction agreement requiring the property to be developed and used as a detached single family residence with an initial completed construction value of not less than $420, 000, inclusive of land and improvements, and that the City Manager also be authorized to sign such other documents as he, in consultation with the City Attorney, deems reasonable and necessary with respect to closing these transactions. Motion seconded by Councilmember Robinson; motion passed with all ayes. Motion by Councilmember Scott authorizing the City Manger to negotiate and sign on behalf of the City a contract with the Farmers Branch Local Government Corporation to sell Lot 18, Block C, Letha Lee Heights, an Addition to the City of Farmers Branch, Texas, for the purpose of being resold to Bill Strong subject to a restriction agreement requiring the property to be developed and used as a detached single family residence with an initial completed construction value of not less than $450, 00 and that the City Manger also be authorized to sign such other documents as he, in consultation with the City Attorney, deems reasonable and necessary with respect to closing these transactions. Motion seconded by Mayor Pro Tem Koch, motion passed with the following vote: Ayes — Koch, Scott, Froehlich Nos — Robinson, Holmes G.2 Adjournment. Motion by Mayor Pro Tem Koch to adjourn; seconded by Councilmember Robinson. Motion passed with all ayes. The meeting adjourned at 7:20 p.m. William P. 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