2011-06-21 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, June 21, 2011
Regular Meeting
6:00 P.M.
The following members of the City Council were present:
Mayor William P. Glancy
Mayor Pro Tern David Koch
Deputy Mayor Pro Tem Michelle Holmes
Councilmembers Ben Robinson
Tim Scott
Harold Froehlich
The following members of the Administration were present:
City Manager Gary Greer
Assistant City Manager Shanna Sims-Bradish
Assistant City Manager Matt Benoit
City Secretary Cindee Peters
Assistant to the City Manager Rachael Loftus
City Attorney Pete Smith
Fire Chief Steve Parker
Police Chief Sid Fuller
Director of Public Works Mark Pavageaux
Director of Community Services Michael Spicer
Director of Equipment Services Kevin Muenchow
Asst. Director of Parks and Recreation Jeff Harting
Director of Economic Development John Land
Communications Director Tom Bryson
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Robinson gave the invocation and Councilman Koch led the Pledge of
Allegiance.
B.2 RECOGNIZE DUANE BISHOP AS HE RETIRES FROM THE CITY WITH 25
YEARS OF SERVICE.
Mayor Glancy presented Duane Bishop with a 25 year employee service pin and plaque.
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133 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye",
reappointed/appointed the following people:
Community Watch Committee
Jon Paula Ackley Mike DelValle Thomas Smith
Adam Toy RoseAnn Danziger
Library Board
Susan Saiter Ruth Ann Parish
Bruce Crozier Patricia Medaille
Wendi Lamb
Planning and Zoning Commission
Nancy Hardie Bronson Blackson
Debbie King
A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, all voting "aye",
approved the liaison appointments as discussed in Study Session.
B.4 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief report on the items discussed in Study Session.
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.
Councilman Koch explained the recent decisions by the Supreme Court regarding illegal
immigration cases and how this may affect Farmers Branch.
City Manager Gary Greer gave the City Manager's report.
Mayor Glancy stated consent items are items that are to be considered and action taken
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
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before the Council for full discussion. The concept for the consent items is established in
order to speed up discussion for those items that need more time for discussion.
A motion by Mayor Pro Tem Koch, seconded by Councilwoman Holmes, all voting
"aye," approved the Consent Agenda as submitted.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 7, 2011.
C.2 ADOPTED RESOLUTION NO. 2011-040 APPROVING A MASTER AGREEMENT
GOVERNING THE MASTER CAPITAL IMPROVEMENT PROGRAM WITH
DALLAS COUNTY.
D.1 PUBLIC HEARING: FOR THE DALLAS COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FISCAL YEAR 2011 PROGRAM AND
CONSIDER ADOPTING RESOLUTION NO. 2011-041 AUTHORIZING THE
REALLOCATION OF UNSPENT FUNDS FROM THE FISCAL YEAR 2010 DALLAS
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT TO THE
PROPOSED FISCAL YEAR 2011 DALLAS COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECT AND AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO DALLAS COUNTY FOR FISCAL YEAR
2011 DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT, AND TAKE APPROPRIATE ACTION.
Mark Pavageaux, Director of Public Works, explained that for Fiscal Year (FY) 2011, the
City of Farmers Branch is eligible to receive $101,980 in Community Development
Block Grant funds from Dallas County. This amount along with the unspent balance of
approximately $56,121 from the FY 2010 Community Development Block Grant project
brings the total available funds for the FY 2011 Community Development Block Grant
project to $158,101.
Mayor Glancy opened the public hearing.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye",
closed the public hearing.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
approved Resolution No. 2011-041.
D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3145 CHANGING
THE ZONING DISTRICT CLASSIFICATION OF ALL PROPERTIES HAVING
FRONTAGE ON THE SOUTH SIDE OF BELTLINE ROAD BETWEEN WEBB
CHAPEL ROAD AND MARSH LANE FROM LIGHT INDUSTRIAL (LI) AND
PLANNED DEVELOPMENT NO. 23 (PD-23) TO LOCAL RETAIL-2 (LR-2);
CHANGING THE ZONING DISTRICT CLASSIFICATION OF PROPERTIES
HAVING FRONTAGE ON THE EAST SIDE OF WEBB CHAPEL ROAD,
INCLUDING THOSE PROPERTIES WITHIN THE ADDRESS RANGE 14714
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THROUGH 14940 WEBB CHAPEL ROAD, INCLUSIVE, FROM LIGHT
INDUSTRIAL (LI) TO LOCAL RETAIL-2 (LR-2); CHANGING THE ZONING
DISTRICT CLASSIFICATION OF PROPERTIES ALONG THE WEST SIDE OF
MARSH LANE, INCLUDING THOSE PROPERTIES WITHIN THE ADDRESS
RANGE 14800 THROUGH 14951 MARSH LANE, INCLUSIVE, FROM PLANNED
DEVELOPMENT NO. 23 (PD-23) TO LOCAL RETAIL-2 (LR-2) AND TAKE
APPROPRIATE ACTION.
Michael Spicer stated the subject area includes 25 separate properties comprising
approximately 46 acres, all of which are presently zoned Light Industrial and Planned
Development No. 23 which generally allows Light Industrial uses.
In an effort to transform the character of the Farmers Branch portion of the Beltline Road
Corridor and encourage more retail and restaurant redevelopment, City Council directed
City Staff to initiate the process of a change in zoning. The proposed zoning of this area
is Local Retail 2.
Mayor Glancy opened the public hearing.
Mr. Curtis Parker, owner of 3404 Beltline Road, explained it was not against the rezoning
but was concerned that his building is a warehouse. Mr. Parker stated if his building
becomes vacant and he could not find a tenant within 6 months he could no longer use his
building as a warehouse.
A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, all voting "aye",
closed the public hearing.
A motion by Councilman Froehlich, a second by Councilwoman Holmes, all voting
"aye", approved the following captioned Ordinance No. 3145 changing the zoning of the
described Beltline Road area from Light Industrial (LI) and Planned Development No. 23
(PD-23) to Local Retail 2 (LR-2).
ORDINANCE NO. 3145
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF FARMERS BRANCH, TEXAS AS HERETOFORE
AMENDED; BY CHANGING THE ZONING FOR PROPERTIES
FRONTING THE SOUTH LINE OF BELTLINE ROAD BETWEEN
WEBB CHAPEL ROAD AND MARSH LANE, FRONTING THE EAST
LINE OF WEBB CHAPEL ROAD BETWEEN 14714 AND 14940
WEBB CHAPEL ROAD, INCLUSIVE, AND FRONTING THE WEST
LINE OF MARSH LANE BETWEEN 14800 AND 14951 MARSH
LANE, INCLUSIVE, FROM LIGHT INDUSTRIAL ("LI") AND
PLANNED DEVELOPMENT DISTRICT NO. 23 (PD-23) TO LOCAL
RETAIL-2 ("LR-2"), SAID AREA BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B,"
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HERETO; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CONFLICT RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING
AN EFFECTIVE DATE.
E.1 CONSIDER ADOPTING ORDINANCE NO. 3147 AMENDING SECTION R110.2
AND RI 10.2.1 OF THE INTERNATIONAL RESIDENTIAL CODE AS IT RELATES
TO THE ISSUANCE OF CERTIFICATE OF OCCUPANCY AND INSPECTION OF
VACANT DWELLING UNITS.
Jim Olk, Building Official, explained Ordinance No. 3147 was prepared to provide for
the inspection of vacant dwelling units prior to the temporary release of utilities to the
premises. If a property owner or management company requests temporary release of
electric, gas or water service the Community Services Department would perform an
inspection on the property prior to the temporary release of the utilities. Any issues
discovered during the inspection would be required to be corrected prior to permanent
occupancy of the structure and issuance of the Certificate of Occupancy.
A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye",
adopted the following captioned Ordinance No. 3147, amending sections R110.2 and
RI 10.2.1 of the International Residential Code as it relates to the issuance of Certificate
of Occupancy and the inspection of vacant dwelling units.
ORDINANCE NO. 3147
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING SECTION RI 10.2 OF THE 2006 INTERNATIONAL
RESIDENTIAL CODE AS IT RELATES TO THE ISSUANCE OF
CERTIFICATES OF OCCUPANCY AND THE TEMPORARY RELEASE OF
UTILITIES FOR RESIDENTIAL DWELLING UNITS; PROVIDING A
REPEALING CLUSE; PROVIDING A SAVING CLAUSE;; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING
FOR AN EFFECTIVE DATE.
E.2 CONSIDER ADOPTION OF RESOLUTION NO. 2011-047 AMENDING THE SITE
PLAN FOR BANKSTON CHEVROLET LOCATED AT 4747 LBJ FREEWAY,
WITHIN PLANNED DEVELOPMENT NO. 39 (PD-39) ZONING DISTRICT AND
TAKE APPROPRIATE ACTION.
Andy Gillies, Planning Director, explained due to the upcoming expansion of LBJ
Freeway, additional right-of-way has been taken from this site's frontage along the LBJ
Freeway westbound frontage road. This revised site plan includes additional landscaping
improvements and parking area.
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A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye",
approved Resolution No. 2011-047.
E.3 CONSIDER ADOPTING RESOLUTION NO. 2011-045 AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE MILLER AGENCY FOR
MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 AND
TAKE APPROPRIATE ACTION.
Rachael Loftus, Assistant to the City Manager, explained that direction received at the
Council Retreat to increase the City's marketing efforts; a mid-year budget adjustment
was approved by the Council adding $150,000 to the marketing budget. In April, a
Request for Proposals for marketing services was put solicited. The Request for
Proposals specifically requested marketing services to promote the City as a place to live
and do business. Three responses to the request were received.
There was a short discussion concerning the time period of the contract, and examples of
how the firm will market the City.
A motion by Councilman Froehlich, a second by Councilman Scott, all voting "aye",
approved Resolution No. 2011-045 authorizing the City Manager to execute a contract
with The Miller Agency.
MAYOR GLANCY ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION.
MAYOR GLANCY EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE
SESSION AT 7:16 P.M. AND THEN CONCLUDED AT 8:32 P.M. TO COMPLETE THE
STUDY SESSION ITEMS. 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.
F.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT
CODE SECTION 551.087.
Discuss Incentive Package For A Recycling And Remarketing Headquarters And
Warehouse.
Mayor Glancy explained staff was present to discuss this item with Council.
F.2 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS
GOVERNMENT CODE SECTION 551.071.
Wenthold vs. City of Farmers Branch, Texas et.al., Case No. 3:11 cv-00748-B, U.S. Dist.
Ct. (N.D. Texas)
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Possible litigation concerning the collection of delinquent hotel occupancy taxes assessed
by the City.
Mayor Glancy explained William Krueger III, Attorney hired by the Texas Municipal
League Intergovernmental Risk Pool to represent the City was present to update the
Council on the Wenthold v. City of Farmers Branch case, and that staff was present to
discuss the possible litigation against the Doubletree Hotel.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor Pro Tern Koch made a motion to authorize the City Manager to negotiate and
execute on behalf of the City an incentive agreement with Greenstream International to
provide a cash incentive of $10,000 toward the costs of a sound baffling wall, with
Councilman Scott seconding the motion and all voting "aye".
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilwoman Holmes, all voting "aye",
adjourned the City Council meeting of June 21, 2011, at 9:15 p.m.
/i' /t yin f
William P. Glancy, Mayor Cindee Peters, City Secretary
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