2012-01-17 CC MinutesCity of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, January 17, 2012
Study Session 4:00 P.M. Study Session Room
Regular Meeting 6:00 P.M. City Council Chambers
The following members of the City Council were 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
Assistant City Manager
Assistant City Manager
Assistant to the City Manager
City Attorney
Finance Director
Fire Chief
Police Chief
Director of Public Works
Director of Parks and Recreation
Director of Equipment Services
Director of Economic Development
Communications Director
Gary D. Greer
Shanna Sims - Bradish
Matt Benoit
Rachael Johnson
Pete Smith
Charles Cox
Steve Parker
Sid Fuller
Mark Pavageaux
Jeff Harting
Kevin Muenchow
John Land
Tom Bryson
A.I. DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS.
Mayor Pro Tem David Koch requested clarification on Agenda Item C.2. regarding the
final plat for Blair Intermediate School in regards to driveway design, property
acquisition and traffic.
Councilmember Harold Froehlich and Mayor Pro Tem. David Koch inquired about
Agenda Item. C.3. regarding the final plat of the Midway- McEwen Addition Lots 1 and 2
and potential redevelopment opportunities and the possibility of making these lots more
appealing.
Volume 105 Page 36
Mayor Pro Tern David Koch asked for additional information regarding Agenda Item
E.2. regarding the remodeling of the Sheraton Hotel. Economic Development Director
John Land provided a brief update of the $15 million renovation plans.
A.2. DISCUSS VACANT BUILDING REGISTRATION ORDINANCE NO. 3170.
Jim Olk, Building Official, made a presentation, and requested direction on issues
associated with the Vacant Building Ordinance that is to be formally considered by
Council on February 7, 2012. Mr. Olk's presentation included key elements of the
proposed ordinance, the definition of a vacant building, commercial and residential
provisions and proposed fees for this program. The Mayor and City Council provided
feedback on the proposed ordinance.
A.3. PROVIDE UPDATE FOR THE MAYOR AND COUNCIL ON POTENTIAL
VITRUVIAN DEVELOPMENT ROAD CONNECTION TO BROOKHAVEN
COLLEGE AND ALPHA ROAD.
Assistant City Manager Matt Benoit reported that the Town of Addison had been in
contact regarding a road connection from the Vitruvian Development to Brookhaven
College and Alpha Road as well as building a trail to connect through Brookhaven
College. Mr. Benoit stated that City staff was reviewing these potential plans with a
focus on preserving space for further athletic fields. City Manager Gary Greer provided a
brief history of discussions with Brookhaven College regarding streets and athletic fields.
Mayor Pro Tern David emphasized the need to look at potential athletic field uses and
Deputy Mayor Pro Tern Michelle Holmes emphasized the need to maximize
opportunities for a trail system.
A.4. 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).
Councilmember Harold Froehlich inquired about receiving more structured reports on
important issues. There was further discussion regarding communication strategies
between the City Council and City staff.
B.1. INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilmember Tim Scott gave the Invocation and Mayor Pro Tern David Koch led the
Pledge of Allegiance.
B.2. CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Deputy Mayor Pro Tern Michelle Holmes, a second by Councilmember
Harold Froehlich, all voting "aye ", appointed Jan Wooldridge to the Parks and Recreation
Board.
Volume 105 Page 37
A motion by Mayor Pro Tem David Koch, a second by Deputy Mayor Pro Tem Michelle
Homes, all voting "aye ", reappointed Ernest Tiller, Ron Doerler, Patsy Mayo, Gretchen
Cash, Barbara Sisserson - Honnoll, Roger McKemie to the Historical Preservation and
Restoration Board.
A motion by Councilmember Harold Froehlich, a second by Councilmember Tim Scott
all voting "aye ", appointed Dan Heard to the Ad Hoc Retirement Benefit Committee.
B.3. REPORT ON STUDY SESSION ITEMS.
Mayor Glancy reported on items discussed at the Study Session including a proposed
vacant building ordinance and a proposed road from the Vitruvian Development through
Brookhaven College to Alpha Road.
B.4. 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.
Deputy Mayor Pro Tem Michelle Holmes announced that she was planning to file for re-
election in 2012.
Councilmember Ben Robinson announced that he was planning to file for re- election in
2012.
Mayor Glancy thanked the current Council and previous Mayor for their efforts in
bringing development to Farmers Branch.
City Manager Gary Greer thanked the Council for their service to the community and
gave the city manager's report.
C1. CONSENT ITEMS
Mayor Glancy stated consent items are items that are to be considered that may not need
discussion individually. Any member of the City Council may request to withdraw any
item from the consent items and place the item before the Council for full discussion.
The concept for consent item is to speed up discussion for those items that need more
time for discussion.
A motion by Mayor Pro Tem David Koch, a second by Councilmember Tim Scott, all
voting "aye ", approved the Consent Agenda Items C.1 through C4.
Volume 105 Page 38
C.I. APPROVED THE MINUTES OF CITY COUNCIL MEETING OF
JANUARY 3, 2012.
C.2. ADOPTED RESOLUTION NO. 2012 -001 AMENDING A
DEVELOPER'S CONTRACT WITH CARROLLTON - FARMERS
BRANCH INDEPENDENT SCHOOL DISTRICT; APPROVED THE
FINAL PLAT FOR DAVE BLAIR INTERMEDIATE SCHOOL
REPLAT ADDITION, LOT 1 R, BLOCK 1.
C.3. APPROVED A FINAL PLAT OF MIDWAY - MCEWEN ADDITION,
LOTS 1 AND 2, BLOCK A AND TAKE APPROPRIATE ACTION
CA. APPROVED A FINAL PLAT OF MUSTANG STATION, LOT 1 AND
2, BLOCK A AND TAKE APPROPRIATE ACTION.
E.l CONSIDER ADOPTING RESOLUTION NO. 2012 -005 ADOPTING THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2011 AS SUBMITTED BY GRANT THORNTON, LLP,
AND TAKE APPROPRIATE ACTION.
Charles Cox, Director of Finance, reported that the City Charter requires a complete
report on the finances and administrative activities of the City for the preceding year by
an independent Certified Public Accountant and that such report be prepared and
submitted to the City Council within 120 days of the end of the fiscal year. The audit for
the year ended September 30, 2011 was prepared and submitted to the City Council on
January 13, 2012 in compliance with the City Charter provisions. The City Charter also
requires a City Manager's report within 90 days after audit report submission outlining
actions to be taken on any auditor recommendations. No Report to Management was
issued for the fiscal year ended September 30, 2011 as no material weaknesses in internal
accounting controls were identified.
Ben Kohnle with Grant Thorton presented an overview of the audit methodology and
audit findings.
A motion by Councilmember Ben Robinson, a second by Councilmember Tim Scott, all
voting "aye ", adopted Resolution No. 2012 -005.
E.2. CONSIDER ADOPTING RESOLUTION NO. 2012 -004 TO AMEND THE SITE PLAN
LOCATED AT 4801 LBJ FREEWAY, WITHIN PLANNED DEVELOPMENT NO. 39
(PD -39) ZONING DISTRICT AND TAKE APPROPRIATE ACTION.
Andy Gillies, Planning Director, explained that the existing Sheraton Hotel is undergoing
an extensive remodeling process. In addition to significant exterior and interior
improvements to the building, Sheraton is reworking their parking area to provide better
security for its patrons. The newly designed parking lot will contain the same number of
parking spaces, but will include two new security gate entryways. Additional landscaping
is also proposed throughout the parking areas. A new decorative metal fence is also
proposed along a portion of the western and northern property line.
Volume 105 Page 39
A motion by Councilmember Tim Scott a second by Councilmember Ben Robinson, all
voting "aye ", adopted Resolution No. 2012 -004.
F.I. DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT
CODE SECTION 551.087.
Consider economic development incentives for the relocation of an automotive
headquarters.
Mayor Glancy explained staff was present to update the City Council on this item.
F.2. 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 bounded by Midway Road, Valwood Parkway and Belt Line Road, I -635
and Denton Drive.
Mayor Glancy explained staff was present to update the City Council on this item.
F.3. DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS
GOVERNMENT CODE SECTION 551.071.
Consultation with the City Attorney regarding contemplated litigation for the collection
of delinquent hotel occupancy taxes assessed by the City.
Fabela, et.al. v City of Farmers Branch, et.al., Civil Action No. 3:10 -CV- 1425 -D in the
U.S. Dist. Ct. for the Northern District of Texas (Dallas Division)
Mayor Glancy explained the City Attorney was present to update the City Council on this
item.
G.1. CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor Glancy called for action on items discussed in Executive Session.
A motion by Councilmember Ben Robinson, a second by Councilmember Harold
Froehlich, all voting "aye ", to authorize the City Manager to negotiate and execute a
purchase and sale agreement for the sale of 2667 Mountview to Todd Bonneau Homes,
LLC to execute all documents and instruments related hereto including the Farmers
Branch Local Government Corporation.
A motion by Councilmember Tim Scott, a second by Deputy Mayor Pro Tem. Michelle
Holmes, all voting "aye ", to authorize the City Manager to negotiate and execute a
purchase and sale agreement for the sale of a retail pad site at Four Corners to Panda
Express and to execute all documents and instruments related hereto including the
Farmers Branch Local Government Corporation.
Volume 105 Page 40
A motion by Mayor Pro Tern David Koch, a second by Councilmember Harold
Froehlich, all voting "aye ", to authorize the City Manager to negotiate on behalf of the
city an incentive agreement with Project Auto to provide an economic development
incentive of $350 per employment position created provided Project Auto relocates its
corporate headquarters to Farmers Branch and leases approximately 58,000 square feet of
space at Centura Towers for a period of not less than 10 years.
G.2. ADJOURNMENT.
A motion by Councilmember Tim Scott, a second by Councilmember Ben Robinson, all
voting "aye ", adjourned the City Council meeting of January 17, 2012 at 8:10 p.m.
Volume 105 Page 41
, 19i1nna N. Sims - Bradish, Interim City Secretary