2011-11-01 CC MinutesCity of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, November 1, 2011
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 Tem
Deputy Mayor Pro Tem
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
City Secretary
Assistant to the City Manager
City Attorney
Fire Chief
Police Chief
Director of Public Works
Director of Equipment Services
Director of Parks and Recreation
Director of Economic Development
Gary Greer
Sharma Sims - Bradish
Matt Benoit
Cindee Peters
Rachael Loftus
Pete Smith
Steve Parker
Sid Fuller
Mark Pavageaux
Kevin Muenchow
Jeff Harting
John Land
A.1 DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS.
The City Council had questions concerning regular Agenda Item C.2 on the increase in
the animal adoption fees.
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A.2 PRESENTATION AND DISCUSSION ON POTENTIAL CONSOLIDATED
EMERGENCY DISPATCH FOR THE TOWN OF ADDISON AND THE CITIES OF
CARROLLTON, COPPELL AND FARMERS BRANCH.
Matt Benoit, Assistant City Manager, gave a brief presentation on the potential
consolidated emergency dispatch for the surrounding cities.
A.3 DISCUSS WATER & SEWER REBATE OPTIONS
Charles Cox, Director of Finance gave a brief presentation on the water and sewer rebate
options.
After a brief discussion among the City Council, it was agreed that these funds would
remain in the current account and no money would be spent at this time from that
account.
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).
Councilwoman Michelle Holmes would like to see the following as future agenda items:
Skate Park enhances, and if a Council liaison should be appointed to Bea's Kids.
Mayor Pro Tern Koch would like to see the following as future agenda items: update on
backgound checks for Boards and Commissions members, and an update on Brookhaven
College property usage.
Councilman Froehlich would like to see the following as future agenda items: an update
on the Form Based Code for the DART Station Area.
Councilman Robinson would like to see the following as future agenda items: update on
the swimming pool.
City Manager Gary Greer would like to see the following as future agenda items:
conducting the study sessions on the second and fourth Tuesdays.
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilwoman Holmes gave the invocation and Mayor Glancy led the pledge of
allegiance.
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B.2 PRESENTATION OF SAVVY AWARDS RECEIVED AT THE 3CMA 2011
CONFERENCE.
Rachael Johnson, Assistant to the City Manager, explained annually, the national City -
County Communications and Marketing Association (or 3CMA) bestows its coveted
"Savvy" award upon local government communications and marketing departments that
have excelled in different categories of print, video and electronic communications. This
year, the City of Farmers Branch was honored to receive two "Savvies" for top national
honors in the categories of:
Most Creative Project with Least Dollars Spent for the Historical Park fundraiser, "No
Show Gala"
Best Recurring Special Event, for "Liberty Fest 2010"
B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Mayor Pro Tern Koch, a second by Councilwoman Holmes, all voting
"aye ", reappointed Carl King to the Metrocrest Hospital Authority.
B.4 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief overview of 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 Scott stated the Firehouse Theatre is raising money and on December 16 -18
at Victoria's Restaurant they will be performing and encouraged everyone to buy a ticket.
Mayor Glancy announced that the Halloween in the Park was a huge success and read an
email from someone complimenting the city employees when they attended the Bluegrass
Festival.
City Manager Gary Greer gave the City Manager's report.
C. CONSENT AGENDA
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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 Tem. Koch, a second by Councilman Scott, all voting "aye
approved the Consent Agenda as submitted.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF
OCTOBER 18, 2011.
C.2 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 3164
AMENDING VARIOUS SECTIONS OF THE FARMERS BRANCH
CODE OF ORDINANCES RELATED TO ANIMAL CONTROL
REGULATIONS AND SERVICES RATES BY AMENDING THE
FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 18 -
ANIMALS, ARTICLE III, DIVISION 4, SECTIONS 18-184,18-190,
AND 18 -191, CHAPTER 18 - ANIMALS, ARTICLE II -
ADMINISTRATION AND ENFORCEMENT, ARTICLE III - DOGS
AND CATS, ARTICLE V - DANGEROUS ANIMALS.
ORDINANCE NO. 3164
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, AMENDING CHAPTER 18 "ANIMALS," ARTICLE
III "DOGS AND CATS," DIVISION 4 "STERILIZATION"
OF THE CODE OF ORDINANCES OF THE CITY OF
FARMERS BRANCH, TEXAS BY AMENDING SECTION
18 -184 "AGREEMENT ", SECTION 18 -190 "ADOPTION
AND MICROCHIPPING" AND SECTION 18 -191
"IMPOUNDMENT FEES" REGARDING ESTABLISHMENT
OF VARIOUS FEES; AND BY AMENDING PORTIONS OF
APPENDIX A, "FEE SCHEDULE" RELATING TO FEES
ESTABLISHED UNDER CHAPTER 18 OF THE CODE OF
ORDINANCES; CONTAINING A SAVINGS CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
C.3 ADOPTED RESOLUTION NO. 2011-072 RENEWING THE UNIT
PRICE CONTRACT FOR ANNUAL PAVEMENT MARKINGS
PROJECT WITH ROAD MASTER, LLC..
CA ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 3165
ABANDONING A FORTY -FOOT WIDE STREET RIGHT -OF -WAY
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BEING A PORTION OF BEE STREET FROM PEPPERWOOD
STREET TO BILL MOSES PARKWAY.
ORDINANCE NO. 3165
AN ORDINANCE OF THE CITY OF FARMERS, TEXAS,
ABANDONING ALL RIGHT, TITLE AND INTEREST IN A
PORTION OF BEE STREET FROM PEPPERWOOD STREET
TO BILL MOSES PARKWAY AND BEING MORE
PARTICULARLY DESCRIBED AND DEPICTED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
THE FURNISHING OF A CERTIFIED COPY OF THIS
ORDINANCE FOR RECORDING IN THE OFFICIAL
PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AS A
QUITCLAIM DEED; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY DOCUMENTS
NECESSARY TO COMPLETE ABANDONMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
E.1 CONSIDER RESOLUTION NO. 2011-074 CREATING AN AD HOC COMMITTEE
TO STUDY THE MANY RETIREMENT BENEFIT OPTIONS FOR CITY
EMPLOYEES AND TAKE APPROPRIATE ACTION.
Mayor Glancy explained at the October 3, 2011 Study Session, he proposed the creation
of a study committee to review and report on the various options for employee
retirement. The attached Resolution creates a nine- member committee composed as
follows:
One member to serve as chairperson who is a resident and qualified voter of the
City of Farmers Branch;
Two people currently employed by the City who are recommended by the City
Manager;
Two people who are retired City employees who are recommended by the City
Manager; and
Four residents of the City of Farmers Branch who are residents and qualified
voters of the City of Farmers Branch but who are neither a current or retired City
employee.
Mayor Glancy stated he gotten recommendations from the City Council on several
citizens who might be interested in serving on this committee. Mayor Glancy stated he
contacted those recommended and they are willing to serve.
Councilman Robinson made a motion to approved Resolution No. 2011 -074, and
Councilwoman Holmes seconded the motion.
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Mayor Pro Tern Koch asked to discuss this issued before voting on it. He would like to
amend Resolution No. 2011 -074 by decreasing the city staff and retirees by one and
increasing the citizen portion of the committee from 4 to 6.
There followed a lengthy discussion among the Council regarding the committee.
A motion by Councilman Robinson, a second by Councilwoman Holmes, all voting
"aye ", amended his motion to include a chairperson chosen by the Mayor, 1 person
employed by the City who would be recommended by the City Manager, and 1 retired
person who would also be recommended by the City Manager, and then 6 residents who
have been chosen collectively by this Council, including the Mayor.
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 5:13 P.M. AND THEN RECESSED AT 5:52 P.M.
RECONVENED AT 6:55 P.M., AND CONCLUDED AT 9:14 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.
Consider incentives for the relocation of a cleaning product manufacturer's headquarters.
Mayor Glancy stated Council was updated by Staff regarding 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 stated Council was updated by Staff regarding this item.
F.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS
GOVERNMENT CODE SECTION 551.071.
Ramos v. City of Farmers Branch, et.al., Case Nos. 06- 12227; 07 -04936 and 08- 01277,
116th Judicial District Court, Dallas County, Texas
Villas at Parkside Partners d/b /a Villas at Parkside, et.al. v. The City of Farmers Branch,
Texas, Case No. 03-08-cv-01 55 1, U.S. Dist. Ct. (N.D. Texas)
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)
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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Mayor Glancy stated Council was updated by the City Attorney regarding this item.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor Glancy called for necessary action on items discussed in executive session.
A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye ",
authorized the City Manager to negotiate and execute on behalf of the City an incentive
agreement with Safety — Kleen in the amount of $250.00 per employment position
created over the lease term of 7 years for assistance to the company for relocating to
Farmers Branch.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye ",
adjourned the City Council meeting of November 1, 2011 at 9:15 p.m.
=,A
William P. Glancy, Mayor
Cindee Peters, City Secretary
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