2019-08-12 CC Minutes City of Farmers Branch -Farmers Branch City Hall
xD' 13000 Wm Dodson Pkwy
Farmers Branch,Texas
75234
FA R:\ Meeting Minutes
AN , I
City Council
Monday,August 12, 2019 6:00 PM
Council Chambers
Study Session Meeting to be held at 4:30 p.m. in the Study Session Room with a
Dinner Break at 5:15 p.m.
Presiding: 1 - Mayor Robert Dye
Present: 5- Mayor Pro Tern John Norwood, Deputy Mayor Pro Tern Terry Lynne, Council
Member Mike Bomgardner, Council Member Cristal Retana and Council
Member Bronson Blackson
Staff: 18- City Manager Charles Cox, Deputy City Manager John Land, Director of
Economic Development Amy Piukana City Secretary, City Attorney Peter G.
Smith, City Attorney Kevin Laughlin, Director of Economic Development
Allison Cook, Director of Human Resources Brian Beasley, Director of Library
Denise Wallace, Building Official Hugh Pender Building Official, Director of
Fleet&Facilities Kevin Muenchow, Director of Public Works Marc Bentley,
Director of Information Services Mark Samuels, Director of Economic
Development Benjamin Williamson, Director of Sustainability& Health Shane
Davis, Fire Chief Steve Parker, Director of Planning &Zoning AICP Tina M
Firgens, Director of Communications Tom Bryson and Police Chief David Hale
A. CALL TO ORDER - STUDY SESSION (4:30 P.M.)
A.1 19-354 Discuss regular City Council meeting agenda items
Mayor Dye called the meeting to order at 4 30 p m
Mayor Pro Tem Norwood stated he has some questions on Agenda item K.1 The
Council agreed to discuss K.1 downstairs in Regular Session.
Mayor Dye asked if 100% participation is necessary to create a Home Owner's
Associations (HOA)within a neighborhood.
City Attorney Pete Smith explained an HOA is agreed upon with neighborhoods and
recorded and filed with the property deed to allow enforcement.
Council Member Blackson explained he would need to recuse himself and has filed
appropriate papers with the City Secretary due to a conflict of interest on Agenda Items
K.2 and K.3
Mayor Dye requested Agenda Items K.2 and K.3 from Regular agenda be moved under
Consent.
Deputy Mayor Pro Tern Lynne asked on Agenda Item 15, who enforces these property
maintenance code changes.
Building Official Hugh Pender explained if the violation is on private property, Code
Enforcement handles
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City Council Meeting Minutes August 12, 2019
A.2 19-368 Receive the Fiscal Year 2018-19 Third Quarter Financial Report
Director of Finance Sherrelle Evans Jones provided a 3rd Quarter Fiscal Year Update
The City Council discussed tracking industries, tax reports, sales tax credits, revenue and
projections, convention center costs for advertisement, cash investments and
expenditures
Council Member Blackson requested Ms. Evans Jones provide a report which shows how
A.3 19-357 Discuss agenda items for future City Council meetings
Deputy Mayor Pro Tern Lynne requested a future discussion on sidewalk repair policy,
Council Member Blackson requested a future discussion on Campaign Finance Reform,
and Mayor Dye requested discussion of lighting at Rawhide Park.
The City Council recessed at 5 12 p m.
B. EXECUTIVE SESSION
B.1 19-383 The City Council reconvened into closed executive session at 5:26 p m. and recessed
from closed executive session at 5:33 p m.
Council may convene into a closed executive session pursuant to
Section 551.072 of the Texas Government Code to deliberate
regarding:
Discuss the purchase, exchange, lease, or sale of real property
located at 3312 Pebble Beach, Farmers Branch, TX 75234
C. CALL TO ORDER - REGULAR MEETING (6 P.M.)
Mayor Dye called the meeting to order at 6 p m.
D. INVOCATION & PLEDGE OF ALLEGIANCE
The invocation and Pledge of Allegiance and Pledge to the Texas flag was provided by �.
Council Member Retana.
E. CEREMONIAL ITEMS
E.1 19-361 Recognition of Charles Cancellare for 25 years of dedicated service
to the City of Farmers Branch
Mayor Dye recognized Charles Cancellare for 25 years of dedicated service to the City of
Farmers Branch.
F. REPORT ON STUDY SESSION ITEMS
Deputy Mayor Pro Tern Lynne provided a report on Study Session items
G. MAYOR AND CITY MANAGER'S REPORT ON ITEMS OF COMMUNITY
INTEREST
Mr. Cox provided the City Manager's report. Mayor Dye noted the tax rate was set just
under the roll back to allow flexibility to discuss future needs. He noted this tax rate
has not yet been decided
H. CITIZEN COMMENTS - None
I. CONSENT AGENDA
1.1 19-353 Consider approving minutes from the July 23, 2019 and August 6,
2019 City Council meeting(s); and take appropriate action
1.2 19-387 Consider excusing the absence of Mayor Dye from the July 23, 2019,
City Council meeting; and take appropriate action
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City Council Meeting Minutes August 12, 2019
_ 1.3 19-388 Consider excusing the absence(s) of Mayor Pro Tern John Norwood
and Council Member Cristal Retana from the August 6, 2019, Special
Called City Council meeting; and take appropriate action
1.4 R2019-84 Consider approving Resolution No. 2019-84 authorizing the
execution of a Residential Demolition/Rebuild Program Incentive
Agreement for the owner of the property located at 14342 Valley Hi
Circle; and take appropriate action
1.5 ORD-3589 Consider adopting Ordinance No. 3589 amending Code of
Ordinances Chapter 56 Property Maintenance
Motion made by Mayor Dye to approve Consent Items 11 through 15. Motion
seconded by Council Member Lynne Mayor Dye withdrew his main motion, Council
Member Lynne withdrew his second
Motion made by Mayor Dye to approve 11 through 14 Motion seconded by Council
Member Bomgardner Motion approved unanimously
Motion made by Mayor Dye to approve Agenda Item 1.5. Motion seconded by
Council Member Lynne. The following roll call vote was taken
Aye: 3- Deputy Mayor Pro Tern Lynne, Council Member
Bomgardner, Council Member Retana
Naye: 2 - Mayor Pro Tern Norwood, Council Member Blackson
— (1.6) K.2 R2019-98 Consider approving Resolution No. 2019-98 authorizing the
execution of a Residential Demolition/Rebuild Program Incentive
Agreement for the owner of the property located at 13628 Braemar
Circle; and take appropriate action
(1.7) K.3 R2019-99 Consider approving Resolution No. 2019 99 authorizing the
execution of a Residential Demolition/Rebuild Program Incentive
Agreement for the owner of the property located at 13710
Braemar Drive; and take appropriate action
Motion made by Mayor Dye to move Agenda Items K.2 and K.3 to Consent as Items
I6 and I 7, and approve as presented. Motion seconded by Mayor Pro Tern
Norwood Motion prevailed by vote of 4-0, Council Member Blackson recused
himself from voting
J. PUBLIC HEARINGS
J.1 R2019-96
Conduct a public hearing and consider approving Resolution No.
2019-096 for a Detailed Site Plan with Special Exceptions for an
office/warehouse building on approximate 26.6 acre lot located at
2261 Morgan Parkway; and take appropriate action
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City Council Meeting Minutes August 12, 2019
Director of Development Tina Firgens briefed City Council regarding this item. Ms
Firgens explained The applicant, Billingsley D&D, Inc., is requesting approval of a
Detailed Site Plan for a one-story office/warehouse building on the property located at
2261 Morgan Parkway, generally on the north side of Morgan Parkway at Mustang Road.
The subject site is approximately 26.6 acres, and is located in Planned Development
District No 97 (PD-97), which allows for the proposed use The request also includes two
Special Exceptions to the development standards in PD-97
Council Member Blackson asked if the tenant has been chosen and asked clarification on
the hike and bike trail.
Ms Firgens explained the trail system will continue through Morgan Parkway and work
with the consultant to continue the trail connection.
Mr. George Billingsly replied stating this is a spec building and he feels leasing will be
successful.
Mayor Dye opened the public hearing There were no citizens present that wished to
speak.
Motion made by Deputy Mayor Pro Tern Lynne to close the public hearing and approve
Resolution No. 2019-96, as presented. Motion seconded by Council Member Retana.
Motion approved unanimously
J.2 19 PL-06 Conduct a public hearing and consider a request from TX Manhattan
Land, LLC and TCI Manhattan 2, LLC for final plat approval of the
Alta Luna Addition as Lot 1, Block A, located at 1851 Knightsbridge
Road; and take appropriate action
Director of Planning Tina Firgens briefed City Council regarding this item. She noted the
property is being replatted in order to combine as one lot.
Mayor Dye opened the public hearing. There were no citizens present to speak.
Motion made by Council Member Blackson to close the public hearing and approve 19
PL-06 of a final plat. Motion seconded by Mayor Pro Tern Norwood Motion approved
unanimously.
K. REGULAR AGENDA ITEMS
K.1 ORD-3575 Consider adopting Ordinance No. 3575 approving short-term rental
regulations; and take appropriate action
Assistant City Manager Ben Williamson briefed City Council regarding this item.
The City Council discussed revoked license and minimum time period to obtain a new
license, penalties for operating without a license, hotel motel tax, registration
requirements, enforcement, numbers of occupants, self-reporting of bookings, rooms for
rent, fees, parking plan, and City of Coppell short term rental ordinance language.
After discussion, the City Council had the following amendments.
Section 26-501 (C) (Mayor Dye and Mayor Pro Tern Norwood)
It shall be unlawful for any owner or Short-Term Rental Licensee to fail to include a
written prohibition against the use of a Short-Term Rental for having a party in every
advertisement, listing, or other publication offering the premises for rent.
Section 26-501 (D) (Mayor Pro Tem Norwood)
It shall be unlawful for any owner or Short-Term Rental Licensee to permit the use of the
Short Term Rental for the purpose of housing sex offenders, operating a structured
sober, recovery or other purpose living home or similar enterprise, selling illegal drugs,
selling alcohol or another activity that requires a permit or license under the Texas �.
Alcoholic Beverage Code; or operating as a sexually oriented business.
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City Council Meeting Minutes August 12, 2019
Section 26-502(i)(1)(Council Member Bomgardner)
as a direct result of the operation of the Short-Term Rental, the Short-Term Rental has
been the subject of a violation of any City ordinances at least three times during one
calendar year or been the subject of a violation of any other state or federal law;
Section 26-503(Mayor Pro Tem Norwood)
The annual fee for a Short-Term Rental License in the amount of$120 00, including
renewals, shall be paid at the time of submission of the application.
Section 26-505(d)(1) (Mayor Pro Tem Norwood)
Names, addresses, e-mail addresses, and telephone numbers of all persons financially
responsible for renting the Short-Term Rental.
Mayor Dye opened the item for citizen comments.
The following residents spoke:
• Juliette McCullough spoke in support of the short term rental ordinance She
noted many cities have changed to a 4-night stay She read names of a petition
of supporters who recommend the 4-night stay
• Kristen Bickham spoke in support of the proposed ordinance
• Richard Jackson spoke in support of the ordinance and recommended five night
minimum rentals. He suggested restrictions to limit the distance of short-term
rental locations in neighborhoods.
• Mike Harrison spoke recommending permit fees be raised to offset enforcement
costs
• Amado Palavicini expressed recommended increasing the minimum stay to 4 to
5 nights.
• Paul Even spoke in support of the ordinance
Council Member Retana suggested revisiting in 6 months to ensure the ordinance is
meeting our needs.
• Jarrod Robertson spoke in support of the short-term rental ordinance noting it
should be specific to rental violations.
Mayor Dye made a motion to approve Ordinance No 3557, with the following
modifications:
Section 26-501 (C) (Mayor Dye and Mayor Pro Tem Norwood)
It shall be unlawful for any owner or Short-Term Rental Licensee to fail to include a
written prohibition against the use of a Short-Term Rental for having a party in every
advertisement, listing, or other publication offering the premises for rent.
Section 26-501 (D)(Mayor Pro Tem Norwood)
It shall be unlawful for any owner or Short-Term Rental Licensee to permit the use of the
Short Term Rental for the purpose of housing sex offenders, operating a structured
sober, recovery or other purpose living home or similar enterprise, selling illegal drugs;
selling alcohol or another activity that requires a permit or license under the Texas
Alcoholic Beverage Code; or operating as a sexually oriented business
Section 26-502(i)(1) (Council Member Bomgardner)
as a direct result of the operation of the Short-Term Rental, the Short-Term Rental has
been the subject of a violation of any City ordinances at least three times during one
calendar year or been the subject of a violation of any other state or federal law,
Section 26-503(Mayor Pro Tem Norwood)
The annual fee for a Short-Term Rental License in the amount of$120.00, including
renewals, shall be paid at the time of submission of the application
Section 26-505(d)(1) (Mayor Pro Tem Norwood)
Names, addresses, e-mail addresses, and telephone numbers of all persons financially
responsible for renting the Short-Term Rental.
Motion seconded by Mayor Pro Tern Norwood. Motion approved unanimously
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City Council Meeting Minutes August 12, 2019
L. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE
SESSION
No action was taken
M. ADJOURNMENT
Mayor Dye made a motion to adjourn. Motion seconded by Mayor Pro Tem Norwood
Motion approved by unanimous vote.
The meeting adjourned at 8:1 .
JI
Approved by
r
Attested by �- AATesp �__ �
City S!retary
City of Farmers Branch Page 7
THE STATE OF TEXAS §
§
COUNTY OF DALLAS §
I, 'C/(l,O g 3f N P5LAC1K 50I4 (printed name of affiant), a local public official,
make this affidavit and hereby on oath state the following:
I have a substantial interest in a business entity or real property that may receive a special economic effect
that is distinguishable from the effect on the public by an action contemplated by the City of GYLOL616 Y>RANU{
The business entity or real property in which I have a substantial interest is: [name and address of business
and/or description of property] (-k¢� I3I a, PANy
Rt$�t at�S 15 l/�'(' 1 TE1zk5 75a'r'f
I or a person that is related to me within the first degree of consanguinity (blood) or affinity (marriage) as
defined by state law has a substantial interest in this business entity or real property for the following reasons
[circle all that apply]:
(1) own 10%or more of the voting stock or shares of the business entity;
(2) own 10%or more of the fair market valued of the business entity;
(3) own$15,000 or more of the fair market value of the business entity;
(4) receive from the business entity funds that exceed 10%of [my, his, her]gross
income for the previous year;
(5) have/has an equitable or legal ownership of real property with a fair market value of$2,500 or
more.
Upon filing of this affidavit with the official record keeper of the city,I affirm that I shall abstain from voting
or further participating in any matter involving the business entity or real property, unless allowed by law.
Signed this r7rn day of Alit(iiRRST ,20 19 /
z<Id
Signature •' Affiant
8 Poi Sb/J f3GAcksaki
Affiant /� ,,
BEFORE ME,the undersigned authority,this day personally appeared C--00)L T� r v I L`C/�S
[name of affiant]and by oath stated that the facts herein stated are true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME before me on this 7 day of
,20 / q. C AW.9., joi
_-
'"' AMY PIUKANA
:: o ::t'ublic in .'d fo he State of Texas
Notate 10 i ion Expires 172--)02°(:)-1
My Cemmissien Expires
4 ' ''' January 8,2021
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