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2012-08-21 CC Minutes (2)City of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, August 21, 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 4:00 p.m. with the following members of the City Council present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers William P. Glancy David Koch (arrived at 4:02 p.m.) Tim Scott Ben Robinson Harold Froehlich Jeff Fuller (arrived at 4:12 p.m.) The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Fire Chief Police Chief Director of Parks and Recreation Director of Economic Development & Tourism Communications Director Director of Planning & Zoning Director of Information Services Finance Director Director of Equipment Services Assistant to the City Manager Building Official Gary D. Greer Sharma Sims - Bradish Matt Benoit Pete Smith Angela Kelly Steve Parker Sid Fuller Jeff Harting John Land Tom Bryson Andy Gillies Mark Samuels Charles Cox Kevin Muenchow Rachael Johnson Jim Olk And with a quorum present, the following items were addressed: STUDY SESSION A.1 Discuss regular city council meeting agenda items. City Council Meeting Minutes for August 21, 2012 Page 1 of 7 D.2 — Councilmember Robinson asked how the Central Area Plan would be used. Andy Gillies, Director of Planning & Zoning stated it would become part of the Future Land Use Plan and would be shared with developers as they come to the area. A.2 Receive presentation and discuss the Aquatic Facility Master Plan. Terry Brannon, Aquatics Consultant, presented the Aquatic Facility Master Plan. Mr. Brannon reviewed the process, needs assessment, construction costs, and operational expenses & revenues that were included in the master plan. He also provided information received from the neighborhood meetings and stated there was a great deal of support from the community for a new facility. Locations for a facility, funding for the project, and revenue generated from similar aquatic facilities in the area was discussed. Jeff Harting, Director of Parks and Recreation thanked Jason Peebles, the Park Board, and the Senior Advisory Board for working together on the project. A.3 Receive an update on the Single Family Rental License Program, Multi- Family License Program, and Mandatory Crime Reduction program. Jim Olk, Building Official, provided an update on the Single Family Rental License Program and the Multi - Family License Program. Staff recommended an increase in the Single Family Rental License Program to cover program related expenses. The City Council directed staff to change the Single Family Rental License Fee from $75.00 to $120.00 in the 2012 -13 fiscal year budget. Police Chief Sid Fuller provided an update on the Mandatory Crime Reduction program and reported a substantial reduction in crime. A.4 Discuss future development direction within Planned Development No. 88, commonly known as Mercer Crossing. Due to time constraints this item was not discussed. A.5 Discuss the City Manager's balanced budget and organizational funding requests related to the adoption of the Farmers Branch 2012 -13 fiscal year budget. Herb Weidinger from Senior Adult Services was present to update the City Council on the possible merger between Senior Adult Services, Metrocrest Family Medical Services, and Metrocrest Social Services. He stated the possible merger is one to three years away. He also stated Senior Adult Services had lost $90,000 in funding from the United Way, therefore they had requested additional funding from the City this year. City Council directed staff to increase funding for Senior Adult Services from $90,000 to $120,000 in the fiscal year budget. A.6 Discuss and consider city council meeting dates for September, October, November, and December, 2012. City Council Meeting Minutes for August 21, 2012 Page 2 of 7 After a brief discussion, City Council made no change to the council meeting dates for September, October, November, and December, 2012. A.7 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). No items were discussed. The Study Session meeting concluded at 5:50 p.m. REGULAR MEETING The Regular Meeting was called to order by Mayor Glancy at 6:03 p.m. B.1 Invocation and Pledge of Allegiance. Councilmember Robinson gave the Invocation and Councilmember Froehlich led the Pledge of Allegiance. B.2 Presentation of a proclamation to celebrate the 50th wedding anniversary of John and Betty Dodd. Mayor Glancy presented a proclamation to former Mayor John Dodd and his wife, Betty. B.3 Consider Board and Commission appointments and take appropriate action. Motion by Deputy Mayor Pro Tem Scott to appoint the following individuals to the Family Advisory Board: Sally Derrick Andrea Egan Trey Renshaw Chris Brewer John Pfaffenberger Eric Smith Clay Hooten The motion was seconded by Councilmember Robinson; 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. City Manager Gary Greer stated the aerial spraying is complete and the area is being tested. Additional information may also be accessed on the City's website, by calling the City's West Nile hotline, and on AM radio 1670. City Council Meeting Minutes for August 21, 2012 Page 3 of 7 Mr. Greer also reported the Citizen Survey had been mailed and could be accessed on the City's website until September 17. He reported City offices would be closed on Labor Day, September 3, and gave the City Manager's report. B.5 Report on Study Session items. Mayor Glancy reported on meetings regarding the proposed 2012 -2013 fiscal year budget and encouraged citizens to attend council meetings to provide input. Mayor Pro Tem Koch provided a brief budget update and stated there would be a small increase in water /sewer rates due to an increase from the City's water provider. He also reported on the Single Family Rental License Program, Multi- Family License Program and the Mandatory Crime Reduction Program. He stated an increase in the Single Family Rental License Program had been proposed. Councilmember Fuller reported on the Aquatic Facility Master Plan. CONSENT AGENDA CA Consider approval of minutes from August 7, 2012 city council meeting and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Item C.1 as presented; motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes. PUBLIC SESSION D.1 Public Hearing: Consider adopting Ordinance No. 3196 amending Planned Development No. 53 (PD -53) including the allowance of wall signs on three sides of the existing building located at 14241 Dallas Parkway and allowing Special Exceptions and take appropriate action. Mayor Glancy opened the public hearing. Andy Gillies, Planning and Zoning Director reported current signage is blocked due to the growth of the tree canopy located at the site. The owner is requesting an amendment to PD -53 for the relocation of a tenant sign from the southern fagade of the existing building to the eastern fagade. The applicant was present for the meeting. No one wished to speak; Mayor Glancy closed the public hearing. Motion by Councilmember Robinson to adopt Ordinance No. 3196 amending PD -53; motion seconded by Councilmember Fuller. Motion passed with all ayes. D.2 Public Hearing: Consider adopting Ordinance No. 3191 approving the Central Area Plan and take appropriate action. City Council Meeting Minutes for August 21, 2012 Page 4 of 7 Mayor Glancy opened the public hearing. Mr. Gillies stated previous public hearings had been held on the Central Area Plan and reported the proposed plan was also made available to the public at the Manske Library and on the City's website. He provided highlights of the plan and thanked other City departments that contributed to its completion. No one wished to speak; Mayor Glancy closed the public hearing. Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3191 approving the Central Area Plan; motion seconded by Councilmember Fuller. Motion passed with all ayes. REGULAR AGENDA ITEMS E.1 Discuss recycling program. Matt Benoit, Assistant City Manager, gave a presentation on recycling in Farmers Branch. The presentation included: • Benefits of recycling • Various types of programs — Curbside Recycling and Green Grabber Recycling • Impact recycling has on the landfill The following residents spoke: Robin Bernier — against curbside recycling but in favor of the green grabber recycling and recycled mulch Eileen Houston — against curbside recycling due to the cost; in favor of the recycled mulch idea Mary Nyer — in favor of the current recycling drop off locations; in favor of the green grabber recycling James Luster — opposes curbside recycling; in favor of the current recycling drop off locations and the green grabber recycling Mayor Pro Tem Koch, Deputy Mayor Pro Tem Scott, and Councilmember Fuller requested staff explore the green grabber recycling program. The Regular Meeting concluded at 7:31 p.m. EXECUTIVE SESSION The City Council convened into Executive Session at 7:37 p.m. Mayor Glancy moved Agenda Item F.3 up on the agenda. F.3 Discuss pending and contemplated litigation - Texas Government Code Section 551.071. Pending litigation relating to 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). City Council Meeting Minutes for August 21, 2012 Page 5 of 7 F.1 Discuss economic development incentives - Texas Government Code Section 551.087. Consider an incentive package for project Power of Love, an electrical company's office, warehouse, and distribution center. F.2 Discuss land acquisitions - Texas Government Code Section 551.072. Discuss purchase, exchange, lease, sale or value of real property in the following area: for the area generally bounded by the Dallas North Tollway, Valwood Parkway, and Belt Line Road, I -635 and President George Bush Tollway. The City Council concluded Executive Session at 9:50 p.m. THE COUNCIL RECONVENES INTO OPEN SESSION. The City Council reconvened into Open Session at 9:51 p.m. G.1 Consider necessary action on items discussed in the Executive Session. The following motion was made relating to Agenda Item F.1: Motion by Councilmember Fuller authorizing the City Manager to negotiate and execute on behalf of the City of Farmers Branch an economic development agreement, and any amendments and instruments related thereto, for Project Power of My Love to provide a 50% rebate of business personal property taxes, sales taxes and the incremental increase of real property taxes for five (5) years provided Project Power of My Love purchases the property located at 13405 Stemmons Freeway, Farmers Branch, Texas, and relocates their regional warehouse distribution center and corporate office thereto. Motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes. The following motion was made relating to Agenda Item F.2: Based on the report and findings of the City Building Official, Councilmember Froehlich made the following motion: The City Council finds that the structure located on the property known as 2662 Mount View Drive constitutes a dangerous structure and that the City Manager be authorized to (1) purchase directly or through authorized representatives Lot 16, Block 4, Valley View 5 Addition, an Addition to the City of Farmers Branch, Texas, for an amount not to exceed $68,500 plus closing costs, (2) to negotiate and sign such documents as he, in consultation with the City Attorney, deems reasonable and necessary with respect to acquiring title to said property, and (3) to enter into necessary agreements related to the demolition of the improvements on said property, said activities to be funded from funds available in the City budget for such purposes. Motion seconded by Deputy Mayor Pro Tem Scott; motion passed with all ayes. No action was taken on Agenda Item F.3. G.2 Adjournment. City Council Meeting Minutes for August 21, 2012 Page 6 of 7 Motion by Deputy Mayor Pro Tem Scott to adjourn; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. The meeting adjourned at 9:52 p.m. William P. Gladcy, Mayor ATTEST: e Angela K &y, City Secretary City Council Meeting Minutes for August 21, 2012 Page 7 of 7