2011-08-16 CC MinutesCity of Farmers Branch
City Council Meeting Agenda
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, August 16, 2011
Regular Meeting 6:00 P.M. City Council Chambers
The following members of the Council were present:
Mayor
Mayor Pro Tern
Deputy Mayor Pro Tem
Council members
William P. Glancy
David Koch
Michelle Holmes
Tim Scott
Ben Robinson
Harold Froehlich
The following members of the Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
City Attorney
Finance Director
Director of Parks and Rec.
Director of Public Works
Director of Communications
Fire Chief
Police Chief
Director of Equipment Services
Gary Greer
Shanna Sims-Bradish
Matt Benoit
Pete Smith
Charles Cox
Jeff Fuller
Mark Pavageaux
Tom Bryson
Steve Parker
Sid Fuller
Kevin Muenchow
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Froehlich gave the invocation and Mayor Pro Tem. Koch led the Pledge of
Allegiance.
B.2 PROCLAMATION RECOGNIZING THE FARMERS BRANCH ROTARY CLUB
FOR THEIR 25TH ANNIVERSARY.
Mayor William P. Glancy presented a proclamation to members of the Farmers Branch
Rotary Club in recognition in celebrating its 25th anniversary this year.
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B.3 PRESENTATION FROM THE TEXAS SENIOR VOLLEYBALL ASSOCIATION TO
THE PARKS AND RECREATION DEPARTMENT IN APPRECIATION FOR THE
SUPPORT GIVEN TO THEIR ANNUAL VOLLEYBALL TOURNAMENT.
Margaret Young, Parks And Recreation Board Chair, representing the Association
presented the plaque to Parks and Recreation Department staff.
B.4 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye",
reappointed Jimmie May, Sam Allen, Jeanne Sawyer, and Willard Zimmerer, and
appointed Martha Talavera and Alan Reid to the Senior Advisory Board.
A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye",
reappointed Steve Parker, Cindee Peters, Gary Greer and Jeff Fuller, and appointed
Michelle Holmes to the Tax Increment Financing Reinvestment Zone No. 1 and No. 2.
A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye",
reappointed Ben Robinson and Gary Greer, and appointed Steve Parker to the Farmers
Branch Local Government Corporation.
B.5 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief report on the items discussed in Study Session.
B.6 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.
Councilwoman Holmes reported that over 13,000 school supply items had been donated
to Bea's Kids, and reminded everyone of the upcoming Stars and Spokes event on
September 10th
Mayor Glancy announced that a special meeting of the City Council would be held on
August 22, 2011 to discuss the budget.
Mayor Pro Tem Koch thanked everyone for the suggestion to email the City Council
agendas to the citizens.
City Manager Gary Greer gave the City Manager's report.
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C. CONSENT ITEMS.
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
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 Tern Koch, seconded by Councilman Froehlich, all voting
"aye," approved the consent Agenda as submitted.
C.1 Approved minutes of City Council meeting of August 2, 2011, and the
Special City Council meeting of July 28, 2011.
C.2 Adopted the following captioned Ordinance No. 3149 approving a
negotiated resolution between Atmos Cities Steering Committee and
Atmos Energy Corp., Mid-Tex division that adopts new natural gas rates
for the City of Farmers Branch.
ORDINANCE NO. 3149
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
APPROVING A NEGOTIATED RESOLUTION BETWEEN THE
ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY
CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY")
REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW
MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL
JURISDICTION; DECLARING EXISTING RATES TO BE
UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT AND FINDING THE RATES TO BE SET BY THE
ATTACHED TARIFFS TO BE JUST AND REASONABLE;
REQUIRING THE COMPANY TO REIMBURSE CITIES'
REASONABLE RATEMAKING EXPENSES; REPEALING
CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING
THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH
THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT;
ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE
DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE
COMPANY AND THE STEERING COMMITTEE'S LEGAL
COUNSEL.
C.3 Adopted Resolution No. 2011-051 to amend the Site Plan located at 1861
Valley View Lane, within Planned Development No. 77 (PD-77).
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C.4 Consider adopting Resolution No. 2011-056 approving Economic
Development Incentives pursuant to the Residential Demolition/Rebuild
Program for the residence located at 14325 Olympic Court.
D.1 PUBLIC HEARING: CONSIDER ADOPTION OF ORDINANCE NO. 3146 FOR A
SPECIFIC USE PERMIT ALLOWING AN ACCESSORY BUILDING GREATER
THAN 120 SQUARE FEET IN AREA, LOCATED AT 13001 TEMPLETON TRAIL,
AND WITHIN THE SINGLE-FAMILY RESIDENTIAL 1 (R-1) ZONING DISTRICT,
AND TAKE APPROPRIATE ACTION.
Jim Olk, Building Official, explained the subject property is a 31,800 square-foot lot with
an existing one-story, single-family home built in 1996. It is located on the southwest
corner of Templeton Trail and Valley View Lane.
The applicant is requesting a Specific Use Permit for an existing accessory building
(future pool house) containing 660 square feet and located behind an existing fence in the
southern portion of the lot.
The Comprehensive Zoning Ordinance allows a residential property to have an accessory
building less than 120 square feet in floor area by right. Accessory buildings larger than
120 square feet, however, require a Specific Use Permit.
The Planning & Zoning commission voted unanimously to recommend approval of the
Specific Use Permit and the associated Site Plan subject to the following conditions:
1. The floor area of the proposed accessory building shall not cover an area of the
property in excess of 660 square feet.
2. Prior to use of the accessory structure for any purpose, the property owner shall
install clay brick or natural stone on the east, south and west exterior sides of the
existing accessory building that is architecturally compatible with the primary
residence.
3. The property owner shall paint the remaining non-masonry exterior of the
accessory building (north side) to match the residence prior to final building
inspection.
4. The property owner shall repair the existing fence on the property.
5. Storage in the accessory structure of equipment, materials, inventory, or other
personal property related to a business, or the use the accessory structure as
habitable space, is prohibited.
Mayor Glancy opened the public hearing.
Mr. Rivera, the applicant, stated it would be used as a game room.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
closed the public hearing.
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A motion by Councilman Robinson, a second by Councilwoman Holmes, all voting
"aye", approved the following captioned Ordinance No. 3146.
ORDINANCE NO. 3146
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A
SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING
COVERING A LOT AREA GREATER THAN 120 SQUARE FEET
LOCATED AT 13001 TEMPLETON TRAIL WITHIN THE SINGLE
FAMILY RESIDENTIAL 1 (R-1) ZONING DISTRICT; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR 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.
E.1 DISCUSS LIBERTY FEST ENTERTAINMENT OPTIONS AND TAKE
APPROPRIATE ACTION.
Jeff Harting, Director of Parks & Recreation, explained Liberty Fest 2012 is proposed as
a one day event on Saturday, May 26, 2012 with a concert that night. Staff and a concert
promoter have been working to narrow the field of musical selections in order to make a
recommendation to City Council. A key factor in musical selection is the target audience
or desired demographic for Liberty Fest. The desired demographic is late 30s to 40s with
disposable income who may consider moving to Farmers Branch.
The proposed Liberty Fest 2012 budget includes $37,700 for musical entertainment. An
additional $10,000 can be shifted from Liberty Plaza to musical entertainment since the
Vietnam Wall is not available in 2012. This allows a budget of $47,700 for musical
entertainment for Liberty Fest 2012.
Two options are offered to finalize the decision. First is to work within the proposed
budget. The second option is to increase the budget for entertainment to $120,000 for a
concert similar to that of Liberty Fest 2010 with REO Speedwagon.
Option 1:
Work within the proposed budget and secure either Tracy Lawrence (country) or Eddie
Money (rock) as the first choice for a headline performer. If funds are available, a warm
up act would be secured as well.
Option 2:
Increase the budget and attempt to secure either Styx (rock) or Gretchen Wilson (country)
as the first choice for a headline performer. This budget also allows for securing a warm
up band with name recognition that will spread the demographic, the theory applied to
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Liberty Fest 2010 with the Gin Blossoms. If funds are available after securing those two
acts a third group would be secured for a minimal amount to be the warm up act. The
third act would result in more of a music festival that would start about 6:00 pm and end
around midnight.
Liberty Fest supports Core Value Number 4 - Hold a signature event to attract people to
the City.
The concert promoter recommends that the best way to achieve Core Value Number 4
and reach the target demographic is to attempt to secure Styx as the headline entertainer
and attempt to secure two additional acts which widen the appeal for Liberty Fest 2012.
There followed a discussion among the Council concerning increasing the budget, stage
sponsorship, the economy, revenue opportunities, and the capacity of the Historical Park
for big name entertainers.
A motion by Councilman Scott, a second by Councilwoman Holmes, all voting "aye", to
increase the entertainment portion of the Liberty Fest 2012 budget to $120,000 (for a
total event budget of $322,300) and attempt to secure Styx as the headline performer.
E.2 DISCUSS AND CONSIDER AN APPEAL TO TWO NOTICES OF VIOLATION FOR
THE PROPERTIES LOCATED AT 2835 VILLA CREEK (LONDON VILLA
APARTMENTS) AND 2875 VILLA CREEK (VILLA CREEK APARTMENTS).
Mayor Glancy explained this item would not be considered tonight because the applicant
has withdrawn his request.
E.3 CONSIDER AND APPROVE ADOPTING ORDINANCE NO. 3150 PROVIDING FOR
THE ISSUANCE OF CITY OF FARMERS BRANCH, TEXAS, GENERAL
OBLIGATION REFUNDING BONDS, TAXABLE SERIES 2011, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $7,250,000; PROVIDING
FOR THE SALE OF SAID BONDS IN ACCORDANCE WITH SPECIFIED
PARAMETERS; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE
FORM OF SAID BONDS; APPROVING THE OFFICIAL STATEMENT, AN
ESCROW AGREEMENT, A BOND PURCHASE AGREEMENT, AND A PAYING
AGENT AGREEMENT; APPROVING AND ENACTING OTHER PROVISIONS
RELATING THERETO; AND TAKE APPROPRIATE ACTION.
Charles Cox, Director of Finance, explained an opportunity exists to refinance the City's
Combination Tax and Revenue Certificates of Obligation, Taxable Series 2004, in order
to lower the overall debt service requirements of the City and realize savings resulting
from reduced interest rates and a shortened maturity. A refunding analysis indicates the
City could total gross interest savings (after deducting issuance costs) of approximately
$1,618,720.75 (at an average expected interest rate of 4.22%) on the refunded series. The
remaining maturity on these certificates would be reduced by two and one-half years
from the year 2029 to 2027 as a result of the refunding. The original purpose of these
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bonds was to design, construct, develop and equip a community ice skating facility.
Rental income from the Dr Pepper Stars Center in the amount of $660,000 per year
provides for the entire debt service associated with these certificates. The current interest
rate on the Series 2004 certificates ranges from 4.95% to 5.80%.
Ordinance No. 3150 provides for the conditional issuance and sale of the refunding bonds
in order to realize interest rate savings. Due to fluctuations in the credit markets and in
order to maximize potential interest savings the City's financial advisor, First Southwest,
has recommended that Council authorize the City's Director of Finance (Pricing Officer)
to execute the final sale subject to the following conditions:
(i) the interest rate on the Bonds (federal arbitrage yield) does not
exceed 6.00%; and
(ii) the aggregate principal amount of the Bonds authorized to be
issued for the purposes described in Section 3.1 shall not exceed the maximum
amount authorized in Section 3.1 hereof ($7,250,000) and shall equal an amount
sufficient to provide for the refunding of the Refunded Obligations to be selected
from the Refunded Obligation Candidates identified in Schedule I attached hereto
that will result in a present value reduction of debt service to the City of not less
than 5.00%; and
all such terms and determinations pertaining to the pricing of the Bonds shall be based on
bond market conditions and available interest rates for the Bonds on the date of the sale
of the Bonds, all as set forth in the Pricing Certificate. The Refunded Obligations shall
be identified in the Pricing Certificate in accordance with the preceding sentence, except
that if less than an entire maturity is to be refunded, the Refunded Obligations to be
refunded within a maturity shall be selected as provided in the Ordinance authorizing
their issuance and, if not so provided, by lot.
This authorization expires February 16, 2012.
This agenda item supports Core Value No. 7, which provides for efficient and fiscally
sound government through conservative budgeting, spending, and resource management.
A motion by Councilman Ben Robinson, a second by Councilwoman Holmes, all voting
"aye", adopted the following captioned Ordinance No. 3150.
ORDINANCE NO. 3150
RELATING TO CITY OF FARMERS BRANCH, TEXAS GENERAL
OBLIGATION REFUNDING BONDS TAXABLE SERIES 2011
EA DISCUSS THE POSSIBILITY OF ISSUING BONDS OR CERTIFICATES OF
OBLIGATION DUE TO LOW INTEREST RATES FOR FUTURE PROJECTS AND
TAKE APPROPRIATE ACTION.
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Mayor Glancy explained this item has been placed on the agenda at the request of Mayor
Pro Tern David Koch.
After some discussion by the Council, there were no projects that need funding at this
time, therefore no action was taken.
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 5:20 P.M. AND THEN RECESSED AT 5:55 P.M.
FOR THE 6:00 P.M. CITY COUNCIL MEETING. THE CITY COUNCIL
RECONVENED INTO EXECUTIVE SESSION AT 7:10 P.M. AND CONCLUDED
AT 7:48 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.
F.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT
CODE SECTION 551.087.
DISCUSSION OF RETAIL SURVEY AND POSSIBLE INCENTIVES FOR
RETAILERS.
Mayor Glancy explained Staff was present to discuss this item with the City Council.
F.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION
551.072.
DISCUSS PURCHASE, SALE AND EXCHANGE, OF VARIOUS TRACTS OF REAL
PROPERTY IN THE FOLLOWING AREAS: GENERALLY BOUNDED BY
MIDWAY ROAD, VALWOOD PARKWAY AND BELT LINE ROAD, I-635 AND
PRESIDENT GEORGE BUSH TURNPIKE, INCLUDING THE PROPERTY WITHIN
BRANCH CROSSING, AND A CITY OWNED PROPERTY GENERALLY
LOCATED ON NORTHWEST SIDE OF MCIVER AND VALLEY VIEW LANE.
Mayor Glancy explained Staff was present to discuss this item with the City Council.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor Glancy explained Staff updated the Council on items discussed in Executive
Session and no action was necessary.
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G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
adjourned the City Council meeting of August 16, 2011, adjourned at 7:48 p.m.
William P. Gla y, Mayor
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4~nt
Cindee Peters, City Secretary
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