2011-10-03 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, October 3, 2011
Regular Meeting
6:00 P.M.
City Council Chambers
The following members of the Council were present:
Mayor William P. Glancy
Mayor Pro Tern David Koch
Deputy Mayor Pro Tern Michelle Holmes
Council members Tim Scott
Harold Froehlich
Ben Robinson
The following members of the Administration were present:
City Manager Gary Greer
Assistant City Manager Sharma Sims-Bradish
Assistant City Manager Matt Benoit
City Secretary Cindee Peters
City Attorney Kevin Laughlin
Finance Director Charles Cox
Director of Parks and Rec. Jeff Harting
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Fire Chief Steve Parker
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Robinson gave the invocation and Councilman Scott led the Pledge of
Allegiance.
B.2 PROCLAIM THE MONTH OF OCTOBER 2011 AS "FIRE PREVENTION MONTH"
IN FARMERS BRANCH, TEXAS.
Mayor Glancy read and presented the proclamation Steve Parker, Fire Chief.
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B.3 PRESENTATION OF AWARDS FOR THE FIRE PREVENTION POSTER CONTEST.
Mayor Glancy presented the awards for the winners of the Fire Prevention Fire Poster
contest.
B.4 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
Mayor Glancy explained 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 Councilman Scott, a second by Councilman Froehlich, with Koch, Scott,
Froehlich, and Robinson voting "aye", and Councilwoman Holmes voting "nay"
appointed Mason Addy to the Parks and Recreation Board.
A motion by Councilman Froehlich, a second by Councilman Robinson, with Koch,
Scott, Robinson and Froehlich voting "aye", and Councilwoman Holmes voting "nay"
appointed Sergio De Los Santos to the Zoning Board of Adjustment.
A motion by Councilman Robinson, a second by Councilman Froehlich, all voting aye
appointed Stacy Wright y t to the Animal Shelter Advisory Board.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye",
appointed Councilman Ben Robinson to the Tax Increment Financing Reinvestment Zone
No. 1 and No. 2.
B.5 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief overview of items discussed in the 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.
Councilman Scott wanted to thank everyone who had a part in the 100th anniversary of
R.L. Turner parade.
Councilman Koch reminded everyone of the upcoming Bloomin' Blue Grass festival on
October 14th and 15th.
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City Manager Gary Greer gave the City Manager's Report.
C. CONSENT
Mayor Glancy 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 paced 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 Koch, a second by Councilwoman Holmes, all voting
"aye", approved the Consent Agenda as submitted.
C.1 APPROVED MINUTES OF THE CITY COUNCIL MEETING OF
SEPTEMBER 20, 2011.
C.2 ADOPTED ORDINANCE NO. 3158 AMENDING THE CITY OF
FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82,
TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 4, TURNING
MOVEMENT, SECTION 82-61 RELATIVE TO PROHIBITING U-
TURNS ON NORTHBOUND MARSH LANE AT PEBBLE BEACH
DRIVE.
ORDINANCE NO. 3158
I
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 4 "TURNING MOVEMENTS", SECTION 82-61 "U-TURNS
PROHIBITED," BY ADDITIONALLY PROHIBITING U-TURNS
FROM NORTHBOUND TO SOUTHBOUND MARSH LANE AT
PEBBLE BEACH DRIVE; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING FOR A PENALTY CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
C.3 AUTHORED THE EXECUTION OF AGREEMENTS WITH THE
FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN
THE 2011-12 BUDGET.
A. SENIOR ADULT SERVICES
B. METROCREST CHAMBER OF COMMERCE
C. METROCREST SOCIAL SERVICE CENTER
D. METROCREST FAMILY MEDICAL CLINIC
E. FARMERS BRANCH CHAMBER OF COMMERCE
F. THE FAMILY PLACE
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CA ADOPTED RESOLUTION NO. 2011-066 AUTHORIZING
CONTINUATION OF THE HEALTH SERVICES AGREEMENT
BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS
BRANCH IN THE AMOUNT OF $6,856.
D.1 PUBLIC HEARING: PROVIDE FOR THE TAXATION OF GOODS-IN-TRANSIT.
Charles Cox, Director of Finance, explained in 2003, the City of Farmers Branch
approved Ordinance No. 2714 to adopt a "Freeport exemption" which exempts certain
types of property from taxation. This property includes goods, wares, merchandise, and
other tangible property and ores, which are held in the state for purposes of assembly,
storing, manufacturing, repairing, maintaining, processing, or fabricating for 175 days or
less. This property must leave the State within that timeframe. This irrevocable
exemption was also approved by the Valwood Improvement District and the Carrollton-
Farmers Branch Independent School District thereby providing a "Triple Freeport
Exemption" designation for the City which is especially important in attracting and
retaining companies in the Valwood Improvement District. Currently seventy-seven
companies in Farmers Branch receive this exemption which represents $894,985 in
foregone property tax revenue.
Recently, Senate Bill 1 was passed by the 82nd Texas Legislature amending Section
11.253 of the Property Tax Code to expand the previous goods-in-transit exemption to
include property shipped inside or outside the State of Texas within 175 days and held in
a public warehouse not controlled by the owner of the inventory. The Tax Code prohibits
a taxing unit from taxing goods-in-transit in a tax year that begins on or after January 1,
2012, unless the governing body of the taxing unit takes action on or after October 1,
2011, and before January 1, 2012, to provide for the taxation of the goods-in-transit.
Mayor Glancy opened the public hearing.
No one spoke.
A motion by Councilman Scott, a second by Councilwoman Holmes, all voting "aye",
closed the public hearing.
E.1 CONSIDER ADOPTING ORDINANCE NO. 3160 TO PROVIDE FOR THE
TAXATION OF GOODS-IN-TRANSIT, WHICH WOULD OTHERWISE BE EXEMPT
PURSUANT TO TEXAS TAX CODE, SECTION 11.253 AND TAKE APPROPRIATE
ACTION.
Charles Cox, Director of Finance, explained a public hearing was held earlier this
evening to provide for the taxation of certain goods-in-transit. Ordinance No. 3160
provides for the taxing of tangible personal property in transit by opting out of the
expanded "Freeport" exemption enacted by Senate Bill 1, which was passed by the 82nd
Texas Legislature in June 2011.
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A motion by Mayor Pro Tem Koch, a second by Councilwoman Holmes, all voting
"aye", adopted the following captioned Ordinance No. 3160.
ORDINANCE NO. 3160
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
PROVIDING FOR THE TAXATION OF GOODS-IN-TRANSIT;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
E.2 CONSIDER ADOPTING RESOLUTION NO. 2011-065 AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACTS WITH GARY OSIER PRESENTS, INC.
FOR LIBERTY FEST 2012 ENTERTAINMENT AND TAKE APPROPRIATE
ACTION.
Liberty Fest 2012 will be a one
Parks & Recreation,
explained g, Director of Par
Jeff Hartin
day event held on May 26, 2012. The event will include Outdoor Expo, Volksmarch, Car
will conclude with concerts at the
Show, activities at Liberty Plaza, Kid Zone, and
Historical Park.
Styx has agreed to
12. Staff is working to secure entertainment for Liberty Fest 20
perform and the concert promoter is working to secure Gin Blossoms and one more act to
open the music festival. Resolution No. 2011-065 authorizes the City Manager to sign
entertainment contracts in an amount not to exceed $120,000.
A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye",
approved Resolution No. 2011-065.
E.3 CONSIDER ORDINANCE NO. 3161 REGULATING THE NUMBER OF BOARD OR
COMMISSION POSITIONS A CITIZEN MAY HOLD AND TAKE APPROPRIATE
ACTION.
Kevin Laughlin, City Attorney, explained at the City Council meeting on September 20,
2011, the Council had concerns there were no regulations to prohibit citizens from
serving on more than one committee, commission or board. In particular, there are
concerns that this limited the opportunity for new applicants to serve.
An ordinance has been prepared that prohibits appointments to multiple committees,
boards or commissions, but with exceptions. Those exceptions would include the Mayor,
Council members and current city employees from the appointment limitation.
The City Council decided this ordinance was not necessary and no action was taken.
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E.4 CONSIDER ADOPTING RESOLUTION NO. 2011-064 AUTHORIZING THE
PURCHASE OF A REPLACEMENT FIRE ENGINE ON THE HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE
APPROPRIATE ACTION.
Steve Parker, Fire Chief, explained the Fire Department's 18-year old fire engine is
scheduled for replacement in this budget year. The 1993 E-One fire engine has
increasingly high mileage and has incurred increasing repair costs and extended down
time. There are funds in the Fire Department's 2011-2012 fixed asset budget to replace
this fire engine.
There followed a brief discussion concerning the performance bond on this piece of
equipment.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
approved Resolution No. 2011-064 authorizing the purchase of a 2011 fire engine on the
Houston-Galveston Area Council of Governments contract in the amount of $540,529.43.
E.5 CONSIDER ADOPTING RESOLUTION NO. 2011-068 APPROVING THE USE OF A
"TEMPORARY CARNIVAL" PER ORDINANCE NO. 1770 FOR THE MARY
IMMACULATE CATHOLIC CHURCH ANNUAL PARISH FALL FESTIVAL
OCTOBER 7TH AND 8TH, 2011 AND TAKE APPROPRIATE ACTION.
Matt Benoit, Assistant City Manager, explained Ordinance No. 1770 allows a
"Temporary Carnival or Circus" in all zoning districts by Resolution of the City Council.
Attached is a letter from Father Michael Forge from Mary Immaculate Catholic Church
(located at 2800 Valwood Parkway) requesting permission to include carnival rides as
part of their 9th Annual Parish Fall Festival on October 7th and 8th.
Due to complaints received last year, City Administration is recommending a provision
in the Resolution for all amplified music to stop no later than 8:30 p.m. on Saturday
evening. This provision does not allow the event to violate the City's Noise Ordinance,
which states (in part), No person shall make or cause to be made any unreasonably loud,
disturbing and unnecessary noise in the city which is offensive to the ordinary
sensibilities of the inhabitants of the city..."
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
approved Resolution No. 2011-068 approving the use of a "Temporary Carnival" per
Ordinance No. 1770 for the Mary Immaculate Catholic Church Annual Parish Fall
Festival October 7th and 8th, 2011.
F.1 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
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BOUNDED BY MIDWAY ROAD, VALWOOD PARKWAY AND BELT LINE
ROAD, I-635 AND DENTON DRIVE.
Mayor Glancy explained staff was presented to update the City Council on this executive
session items.
G.I CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor Glancy stated no action was necessary for items on the executive session.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
adjourned the City Council meeting of October 3, 2011 at 7:15 p.m.
,a
William P. GI cy, Mayor
t
Cindee Peters, City Secretary
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