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2012-04-03 CC Minutes City of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, April 3, 2012 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers Study Session was called to order by Mayor Glancy at 4:04 p.m. with following members of the City Council present: Mayor William P. Glancy Mayor Pro Tem David Koch Deputy Mayor Pro Tem Michelle Holmes Councilmembers Ben Robinson Harold Froehlich Tim Scott The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims - Bradish Assistant City Manager Matt Benoit Assistant to the City Manager Rachael Johnson City Attorney Pete Smith Finance Director Charles Cox Fire Chief Steve Parker Police Chief Sid Fuller Director of Parks and Recreation Jeff Harting Director of Public Works Mark Pavageaux Director of Equipment Services Kevin Muenchow Director of Economic Development & Tourism John Land Communications Director Tom Bryson Building Official Jim Olk Director of Planning & Zoning Andy Gillies Special Projects Manager Meredith Dowdy Director of Information Services Mark Samuels And with a quorum present, the following items were addressed: STUDY SESSION A.1 Discuss regular council meeting agenda items. Page 1 of 8 Director of Planning & Zoning, Andy Gillies, spoke regarding Agenda Item D.1 and explained that updated flood plain information had been presented to staff since City Council had received their information packets, which caused a shift from the earlier plan. Andy presented an overview with the updated flood plain information. Relating to Agenda Item E.3, Mayor Pro Tem Koch asked how revenues were impacted with the implementation of Stage I water rationing. Finance Director Charles Cox reported that had been taken into account and the projected revenues were reduced to reflect that. Councilmember Robinson asked if an adjustment would be needed due to health insurance claims. Mr. Cox reported no adjustment would be needed. Agenda Item A2 was moved down on the agenda. A.3 The City Council will meet to conduct a work session to discuss and review the following: the City's financial status, revenues, expenditures, projects, balances, financial trends, capital projects, fixed assets, and other issues related to the 2011- 2012 Mid -Year Budget, future City budgets, and long range planning activities. Mr. Cox reviewed highlights from the proposed 2011 -2012 Mid -Year Budget. Councilmember Froehlich asked for clarification regarding recommendations of the Employee Retirement Benefits Committee (ERBC) relating to Agenda Item E.2. Mr. Cox stated the ERBC Chairman would be available at the Regular Council Meeting to present the committee's recommendation in further detail. Discussion of options by the City Council members involved: seeking to change legislation regarding the Texas Municipal Retirement System (TMRS), concern about an unfunded liability to the City, participating in social security instead of TMRS, making no change(s), and the possibility of changing retirement benefit(s) only for new hires. A.4 Consider City Council meeting dates for the summer and take appropriate action. The City Council will modify their regular meeting schedule for the month of July; one meeting will be held on July 17, 2012. Councilmember Scott suggested holding one Town Hall meeting at the Senior Center and the second meeting at the Recreation Center or an outdoor location. A.5 Discussion of items to be placed on a future City Council meeting agenda (discussion is limited to determination of whether to place an item on a future City Council meeting agenda). Items discussed for future meetings included: • An update on Manske Library operations • An overview of activities for the 50 anniversary of Manske Library • Discuss a request from a citizen to allow chickens in the City limits Page 2 of 8 A.2 Presentation and concept overview of the new Farmers Branch visitor's guide. Director of Economic Development & Tourism, John Land, presented a concept overview of the new destination guide for Farmers Branch. The guide will be available to guests at all Farmers Branch hotels and to groups that are visiting Farmers Branch. The Study Session meeting concluded at 5:40 p.m. EXECTIVE SESSION The City Council convened into Executive Session at 5:40 p.m. F.1 Discuss land acquisitions - Texas Government Code Section 551.072. (a) Discuss purchase, exchange, lease or value of real property in the following area: for the area generally bounded by Midway Road, Valwood Parkway and Belt Line Road, I -635 and Denton Drive. The City Council concluded Executive Session at 5:54 p.m. REGULAR MEETING The Regular Meeting was called to order by Mayor Glancy at 6:00 p.m. B.1 Invocation and Pledge of Allegiance. Councilmember Scott gave the Invocation and Deputy Mayor Pro Tern Holmes led the Pledge of Allegiance. B.2 Presentation of a Proclamation honoring Dick Landenberger for his recent induction into the Texas Tennis Hall of Fame. Mayor Glancy presented a proclamation to Mr. Landenberger. Mayor Pro Tern Koch congratulated Mr. Landenberger on his accomplishment. B.3 Consider Board and Commission Appointments and take appropriate action. Motion by Councilmember Robinson to reappoint the following members to the: Library Board - Maria Josefina Torres Vickie Goode Larry Herrera Pat Edmiston Erica Brown Planning and Zoning Commission — David Honnoll Joe Patterson Jason O'Quinn Zoning Board of Adjustment and Building Code Board of Appeals — Jamie Reed John Tarlton Page 3 of 8 Community Watch Committee — Steve Morrison Animal Shelter Advisory Committee — Terry Ford, DVM Mark Barker Judi Hacker Motion seconded by Mayor Pro Tem Koch; motion passed with all ayes. Motion by Councilmember Robinson to modify his previous motion to exclude appointments made to the Zoning Board ofAdjustment and Building Code Board of Appeals from the previous motion; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. 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. Mayor Pro Tem announced the Dallas Texans will host the Dallas International Girls Cup on April 4 -8 at the new Ross Stewart Soccer Complex and Cox Soccer Complex in Farmers Branch. Deputy Mayor Pro Tem Holmes stated the Farmers Branch Youth Baseball Association held their opening day parade on Saturday, March 31. She thanked the parents for volunteering their time, and reported the size of the league has grown from 27 to 72 teams, with over 400 children now registered. City Manager Gary Greer announced Liberty Fest would be held this year on May 25 -26. The event will feature concerts by Styx and Gin Blossoms, which will be held on Saturday, May 26. Tickets to the event are free and are available at City Hall, Recreation Center, Senior Center, and Historical Park. The City Manager also presented the City Manager's report. Mayor Glancy invited everyone to visit the newly renovated Sheraton Dallas North Hotel. He also reported the Farmers Branch Community Foundation accepts donations for community enhancements that will have a lasting impact on the community and will help improve the quality of life of citizens and businesses. B.5 Report on Study Session items. Councilmembers reported on the following: • A new visitors guide will soon be available to guests at all Farmers Branch hotels and to groups that are visiting Farmers Branch • The 2011 -2012 Mid -Year Budget was presented with only minor adjustments being made Page 4 of 8 • Meeting dates for July have been modified; only one meeting will be held on July 17 CONSENT AGENDA CA Consider approval of minutes of the City Council meeting held on March 20, 2012. C.2 Consider adopting Ordinance No. 3186 amending the Code of Ordinances, Chapter 22, Buildings and Building Regulations, Article IX, Minimum Housing Standards, by repealing Division 5, Building and Standards Commission, and amending Division 6, Municipal Court Jurisdiction Regarding Substandard Buildings" by amending Section 22 -468 to provide for judicial review of the Municipal Court's order related to substandard buildings. C.3 Consider adopting Resolution No. 2012 -022 designating Grant Thornton LLP as the City's independent auditor and authorizing the City Manager to enter into a letter of agreement for audit services and take appropriate action. CA Consider adopting Resolution No. 2012 -023 authorizing the City Manager to approve the purchase of one replacement solid waste roll off truck for the Public Works Solid Waste Division in the total amount of $149,896 and take appropriate action. C.5 Consider adopting Resolution No. 2012 -024 authorizing the City Manager to approve the purchase of five replacement police patrol sedans and one replacement police criminal investigation sedan for the Police Department in the total amount of $151,845 and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Items C.1 through C.5; motion seconded by Councilmember Froehlich. Motion passed with all ayes. PUBLIC SESSION D.1 Public Hearing: Consider adopting Ordinance No. 3180 to change the zoning of a 43.3 acre tract from Planned Development No. 60 (PD -60) to Planned Development No. 96 (PD -96) and take appropriate action. This new PD includes a Conceptual Site Plan that would allow the development of a 650 unit multi - family residential community. This tract is located on the northwest corner of the Royal Lane and Luna Road intersection. Mayor Glancy opened the public hearing. Mr. Gillies reported the applicant is proposing to develop a new multi - family residential community. Due to recent updates relating to the flood plain only 592 units, with 1384 parking spaces are now being proposed. Bobby Stewart, a representative of the brokerage firm, and Jeff Cartwright, Vice President of Lincoln Properties, were present for the meeting. No one from the public wished to speak. Mayor Glancy closed the public hearing. Page 5 of 8 Motion by Mayor Pro Tem Koch to approve Ordinance No. 3180 as presented; motion seconded by Deputy Mayor Pro Tem Holmes. Motion passed with all ayes. D.2 Public Hearing: Consider adopting Resolution No. 2012 -021 establishing a new Comprehensive Master Plan for Planned Development No. 86 and Ordinance No. 3184 amending the Planned Development No. 86 (PD -86) zoning district, including Chapter 1 (Introduction), Chapter 2 (Regulating Plan), Chapter 3 (Building Envelope Standards), Chapter 4 (Streetscape Standards), Chapter 5 (Architectural Standards), Chapter 6 (Administration), Chapter 7 (Definitions) and take appropriate action. Mayor Glancy stated this was a continuation of a public hearing held on March 20. Mr. Gillies reported the City Council voted to extend the public hearing until tonight's meeting to allow more time to carefully review the revised Code. No one from the public wished to speak. Mayor Glancy closed the public hearing. Motion by Council Robinson to approve Resolution No. 2012 -021; motion seconded by Councilmember Froehlich. Motion passed with all ayes. Motion by Mayor Pro Tem Koch to approve Ordinance No. 3184; motion seconded by Deputy Mayor Pro Tem Holmes. Motion passed with all ayes. D.3 Public Hearing: Consider adopting Ordinance No. 3183 for an Interim Specific Use Permit (5 years) allowing the sale of alcoholic beverages within a qualified restaurant located in Suite 160 within the existing building at 13435 Bee Street and take appropriate action. An associated Site Plan is included with this request. Mayor Glancy stated this was a continuation of a public hearing held on March 20. Mr. Gillies reported since the March 20 meeting the applicant has revised the site plan to remove additional parking away from the existing residential outparcels fronting Havenhurst, and reduced the evening hours of food service for the restaurant from midnight to 10:00 p.m. The applicant is requesting approval to sell alcohol within a qualified restaurant. Alcohol service hours are to be limited from Noon to 10:00 p.m. No one from the public wished to speak. Mayor Glancy closed the public hearing. Motion by Councilmember Robinson to approve Ordinance No. 3183; motion seconded by Councilmember Scott. Motion passed with the following vote: Ayes — Scott, Froehlich, Holmes, Robinson Nos - Koch REGULAR AGENDA ITEMS E.1 Receive a mid -year Economic Development update. Page 6 of 8 The Director of Economic Development & Tourism, John Land, presented a mid -year update relating to economic development activities and projects. E.2 Consider acceptance of a final report from the Employee Retirement Benefit Committee and take appropriate action. Mr. Cox stated Dave Blair, Chairman of the Employee Retirement Benefit Committee (ERBC), was unable to attend due to health related issues. Mr. Cox read a letter that was prepared by Mr. Blair to the Mayor and Council [See ERBC letter and recommendation, attached as Exhibit "A "]. Committee member Erik Radle was available for questions. Mayor Pro Tem Koch asked what other options had been considered by the ERBC. Mr. Radle stated other retirement options such as blended programs and tiered systems were examined, as well as possible changes relating to participation in the current system, and changes to the cost of living allowance (COLA) for retirees. E.3 Consider adopting Ordinance No. 3185 amending the City's 2011 -12 fiscal year operating budget, amending the capital improvement program budget, and directing that City expenditures be made in accordance with the budget as amended, and take appropriate action. Mr. Cox stated the sales & use taxes increased by approximately 4% due to slightly better economic conditions. Resident and City Council candidate Jeff Fuller had the following questions regarding the budget: • Why is there an increase in legal fees associated with the immigration law suits? • Why did the funds for Liberty Fest move from Hotel Motel to the General Fund? Why are the expenditures for the event more than the revenue generated? • Asked for clarification on the debt service amounts. Staff provided information to Mr. Fuller regarding the budget. The City Council took a break at 7:34 p.m. EXECUTIVE SESSION The City Council convened into Executive Session at 7:43 p.m. F.1 Discuss land acquisitions - Texas Government Code Section 551.072. (a) Discuss purchase, exchange, lease or value of real property in the following area: for the area generally bounded by Midway Road, Valwood Parkway and Belt Line Road, I -635 and Denton Drive. (b) Discuss purchase /sale of land in Farmers Branch DART station rail area. F.2 Discuss pending litigation - Texas Government Code Section 551.071. Villas at Parkside Partners d /b /a Villas at Parkside, et. al. v The City of Farmers Branch, Texas, Case No. 10 -10751 in the United States Court of Appeals for the Fifth Circuit. Page 7 of 8 THE COUNCIL RECONVENES INTO OPEN SESSION. GA Consider necessary action on items discussed in the Executive Session. The City Council reconvened into Open Session at 8:08 p.m. No action was taken as a result of Executive Session. G.2 Adjournment. Motion by Councilmember Scott to adjourn; motion seconded by Councilmember Robinson. Motion passed with all ayes. The meeting adjourned at 8:08 p.m. William P. ATTEST: a f t Angela Kelly, City Secretary Page 8 of 8 EXHIBIT "A" March 30, 2012 Mayor Bill Glancy Councilman David Koch Councilman Tim Scott Councilwoman Michelle Holmes Councilman Harold Froelich Councilman Ben Robinson 13000 William Dodson Parkway Farmers Branch, TX 75234 Subject: Employee Retirement Benefit Document City of Farmers Branch Dear Mayor and Council: A committee was established by the Mayor and City Council approximately late in 2011 to study the issue of Employee Retirement Benefits for the City of Farmers Branch. This committee consisted of Farmers Branch citizens, a current Farmers Branch employee, a Farmers Branch retiree, and was chaired by a former Farmers Branch mayor. Our instruction was to vet the present Employee Retirement Benefit Program and make recommendations to the Mayor and Council as to any revisions to the benefits program. We were also given a deadline to have this document completed by April, 2012. Our committee worked diligently over a five -month period and came to the conclusion that the Employee Retirement Benefit Program for Farmers Branch did not need to be changed. However, the committee did recommend that four benchmarks be established that could be reviewed each quarter and if any of the benchmarks were breached that the council would take immediate corrective action. This would allow the Employee Retirement Benefit Program to continue in its present form for the foreseeable future. Our committee would like to thank the Mayor and Council for the opportunity to serve the citizens of Farmers Branch and provide a blueprint for the continuation of the Employee Retirement Benefit Program. Sincerely, Dave Blair, Chairman _ §r,,- 1 f' " , IW FARMERS BRANCH Employee Retirement Benefits Committee Report to City Council Approach Having researched and reviewed the options available under State and Federal law with respect to provisioning retirement benefits to the City's employees, our summary approach, observations and recommendations are below: As members of the committee we universally agreed to seek a balanced approach to assessing any change to the current TMRS structure or move away from the current TMRS system that acknowledges the following: • That we seek to understand the mechanics of the current TMRS system, our current obligations and how any suggested changes would impact current City employees, current retirees, the City and the taxpayers. • That any system for provisioning retirement benefits be guided with financial responsibility, be solvent or on a path to solvency. • That maintaining the ability to recruit and retain a body of (City) employees that performs at a high level could be impacted by changes to the current TMRS benefits levels. • That we seek to be watchful stewards of taxpayer resources while fairly compensating participants in the TMRS system who have elected the TMRS option in lieu of Social Security (by mandate and default when accepting a position with the City). Summary Observations The current unfunded liability associated with the TMRS was of concern to all members of the committee. That said, the committee, having researched, having reviewed multiple avenues of change, having interviewed an actuary for the TMRS is satisfied that we are on a path to solvency. We believe that our current unfunded liability is tenable, and that maintaining our current competitive position with respect to hiring and retaining quality employees is critical to the City. Should we continue to trend (positively) as predicted by the actuarial tables, and commit to acting swiftly in the face of unexpected changes that negatively and disproportionately impact the taxpaying citizens of Farmers Branch, we unanimously recommend the following: Recommendations ■ That the City continue to participate in the TMRS versus alternative options. ■ That no immediate action be taken at this time with respect to Matching Ratio Options, Cost of Living Adjustment Options, or Updated Service Credit Options. ■ That immediate action should be taken if any one or more of the following events occur: o If the funded ratio of the TMRS obligation drops below 80 %. o If, in any three year period, there is a consecutive decline in the funded ratio of the TMRS obligation signaling a negative trend or missed assumptions in the actuarial calculation that predicts a 100% funded TMRS obligation over 27 years (2038). o If the City of Farmers Branch/taxpayer General Fund contribution to the TMRS exceeds 12% of the General Fund Budget. ■ Should one or any combination of the above described events occur, an immediate reduction in the Updated Service Credit Options should be taken that is commensurate with correcting the associated event. ■ Should reducing the Updated Service Credit Options to the lowest allowed percentage not be sufficient to correct the associated event, additional action should be taken to reduce the Cost of Living Options to correct the associated event. ■ Once an associated event is deemed to have been corrected, any reduction to Cost of Living Options and /or Updated Service Credits should revert back to the level prior to the reduction.