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2012-10-02 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, October 2, 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 Councilmembers William P. Glancy David Koch Ben Robinson Harold Froehlich Jeff Fuller The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims - Bradish City Attorney Pete Smith City Secretary Angela Kelly Fire Chief Steve Parker Police Chief Sid Fuller Communications Director Tom Bryson Director of Parks and Recreation Jeff Harting Business Development Specialist Allison Cook Director of Planning & Zoning Andy Gillies Director of Information Services Mark Samuels Finance Director Charles Cox Director of Equipment Services Kevin Muenchow Assistant to the City Manager Rachael Johnson Interim Public Works Director Randy Walhood Special Projects Manager Meredith Dowdy Building Official 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 October 2, 2012 Page 1 of 7 E.2 — Councilmember Robinson asked if the public safety radio system mentioned in the staff report was the same project being shared by the Cities of Coppell, Carrollton, Farmers Branch and Addison. Charles Cox, Finance Director confirmed it is. E.3 — Councilmember Robinson asked how the fees were calculated and what businesses would be impacted by the new fee. Mr. Cox stated it is a flat fee and that there were approximately five (5) businesses that would be affected by the fee. After some discussion, the City Manager will contact the companies prior to any fee implementation. D.1 — Mayor Pro Tem Koch verified the applicant now plans to have 75% stone or brick on the exterior facade. Andy Gillies, Planning and Zoning Director confirmed that was correct. Councilmember Fuller asked for verification that approximately 500 new trees are proposed to be planted. Mr. Gillies stated that was the number shown on the plan submitted by the applicant. A.2 Discuss possible bond program for community projects. Councilmember Froehlich stated since the interest rates are currently so low and the City has low debt, this may be a good time to look a bond program to fund future capital improvement projects. Staff will do a study to determine the practicality of such. A.3 Receive an update on the residential demo rebuild program and a review of former residential incentive programs. Allison Cook, Business Development Specialist reviewed the various incentive programs offered by the City. She reported there have been eight (8) residential demo rebuild program applications approved, with six (6) homes built to date. This has resulted in a total valuation increase of $2,482,040. After a brief discussion, Councilmembers stressed the importance of marketing the programs. Staff will research avenues to encourage more participation. A.4 Discuss Stars and Spokes event. Gary Greer, City Manager reported this event was not in the 2012 -2013 fiscal year budget. Mayor Pro Tern Koch stated he would like staff to meet with the event promoter and encourage a revenue neutral event. 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). No items were discussed. The Study Session Meeting concluded at 5:17 p.m. City Council convened into Executive Session after a brief recess. City Council Meeting Minutes for October 2, 2012 Page 2 of 7 EXECUTIVE SESSION The City Council convened into Executive Session at 5:25 p.m. F.1 Discuss economic development incentives - Texas Government Code Section 551.087: Consider an incentive package for the relocation of Project Teddy Bear. F.2 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). The City Council concluded Executive Session at 5:55 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 Fuller led the Pledge of Allegiance. B.2 Presentation of a proclamation recognizing Miranda Maldonado for being named to the United States National Double Mini Trampoline Team and for placing in the World Cup competition held in Portugal. Mayor Glancy read and presented a proclamation to Ms. Miranda Maldonado. B.3 Presentation of a proclamation recognizing athletes from the Palaestra Gymnastics Center that won top honors at the Junior Olympic National Championships held in Long Beach, California. Mayor Glancy read and presented a proclamation honoring Stewart Brackett, Laura Dedear, Brandon Griffith, Dixen Bray, Jenna Haney, and Tommy Mayes. B.4 Proclaim the month of October 2012 as "Fire Prevention Month" in Farmers Branch, Texas. Mayor Glancy read and presented a proclamation to Fire Chief Steve Parker. B.5 Presentation of Awards for the Fire Prevention Poster Contest. City Council Meeting Minutes for October 2, 2012 Page 3 of 7 Mayor Glancy presented the awards for the winners of the Fire Prevention Poster Contest. B.6 Consider Board and Commission appointments and take appropriate action. No action was taken on this item. B.7 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. (1)(a) Ms. Patricia Edmiston - Acknowledgement and thank you to the Library staff and the Parks Division for their assistance with the 50th Anniversary celebration on Saturday, September 22, 2012. Mayor Pro Tem Koch reminded citizens of the upcoming Bluegrass Festival and Chili Cook -off to be held on October 19 & 20 at the Historical Park. Councilmember Fuller thanked the Library Board and staff for their participation in the 50 Anniversary events at the Manske Library. Mayor Glancy announced the Grand Opening of the Essilor expansion project to be held on Thursday, October 4. Ms. Pat Edmiston thanked staff for their part in making the 50 Anniversary celebration a success. Mr. Greer gave the City Manager's report. B.8 Report on Study Session items. Councilmember Froehlich reported on the following items: • Since the interest rates are currently so low and the City has low debt, this may be a good time to look at a bond program to fund future capital improvement projects. Staff will do a study to determine the practicality of such. • The Starts and Spokes event is not currently in the 2012 -13 fiscal year budget. Staff will be meeting with the Stars and Spokes event promoter to encourage a revenue neutral event. • Staff provided a report on the Demo Rebuild Program and will be researching ways to encourage participation in the program. CONSENT AGENDA City Council Meeting Minutes for October 2, 2012 Page 4 of 7 C.1 Consider approval of minutes of the City Council meeting of September 18, 2012 and take appropriate action. C.2 Consider adopting Resolution No. 2012 -055 authorizing the City Manager to execute a rental agreement with Brandano Displays, Inc for holiday displays and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Items C.1 and C.2 as presented; motion seconded by Councilmember Froehlich. Motion passed with all ayes. PUBLIC SESSION D.1 Public Hearing: Consider adopting Ordinance No. 3198 to amend Planned Development No. 81 (PD -81) allowing an 11.1 acre multi - family development including a Conceptual Site Plan and take appropriate action. Mayor Glancy opened the public hearing. Andy Gillies, Planning & Zoning Director provided an overview of the request. He reported the applicant is proposing to develop a multi - family residential project on a site currently designated for only nonresidential land uses. He described various elements of the proposed Conceptual Site Plan and reported the Planning & Zoning Commission denied the request. The applicant, Tony Sisk, was present for the meeting and stated plans to have 75% stone or brick on the exterior fagade with a slate roof. Councilmember Fuller asked if the project was going to be used for senior housing or Section 8 housing. Mr. Sisk stated the proposed development is a multi - family community and that the development is not to be used as Section 8 housing. Councilmember Fuller also asked if this project would have elevators. Mr. Sisk stated it would not. Mayor Pro Tem Koch asked if there was a way to make the development four (4) stories like the other multi - family developments in the same area. Mr. Sisk stated that was not in their plans. No one from the public wished to speak. Mayor Glancy closed the public hearing. Motion by Mayor Pro Tem Koch to reopen the public hearing; motion seconded by Councilmember Froehlich. Motion passed with all ayes. Motion by Mayor Pro Tem Koch to table the item. The City Attorney stated a specific date needed to be clarified in any motion. Motion withdrawn by Mayor Pro Tem Koch. Motion by Mayor Pro Tem Koch to continue the public hearing until November 6, 2012 and to remand this item back to the Planning & Zoning Commission for further consideration; motion seconded by Councilmember Froehlich. Motion passed with all ayes. REGULAR AGENDA ITEMS City Council Meeting Minutes for October 2, 2012 Page 5 of 7 EA Presentation, discussion and approval of a Redistricting Plan for the election of the Farmers Branch City Council as required by Order of the United States District Court for the Northern District of Texas, Dallas Division, in Fabela et al v City of Farmers Branch et al, Civil Action No. 3:10 -CV- 1425 -D. Robert Heath of the Bickerstaff Heath Delgado Acosta Law Firm stated the City was ordered to submit a plan with voting districts that are in compliance with the laws and the court's Memorandum Opinion and Order. Mr. Heath presented the proposed single member district plan. The following persons spoke: • Nadia Roberts — concerned she doesn't currently have a "district" councilmember she can contact if she has a problem; feels it would be more efficient if the City had districts instead of an at -large plan • Luther Bernstein — asked the following regarding the proposed redistricting plan: • Why does District 2 have a "notched" area? • Why does District 5 have a "panhandle" section? • In which district does each city council member reside; is it in the "notched" or "panhandle" area? Gordon Peterson — there should be two or three districts that reflect the Hispanic population instead of just one Tom Bohmier — how do you make the courts and the residents both happy Brenda Brodrick — could the plaintiffs decide to forfeit this plan and go back to at- large districts Mr. Heath stated no incumbent lives in the "notched" or "panhandle" areas. He explained each district had to have a similar number of the population and that the map follows streets and streams which sometimes cause various shapes of the districts. He stated an incumbent does live in each district, and that two (2) reside in one district. Motion by Councilmember Robinson to approve Resolution 2012 -071 approving a plan to comply with the order of the Unites Stated District Court; motion seconded by Councilmember Froehlich. Motion passed with the following vote: Ayes —Froehlich, Fuller, Robinson Nos - Koch E.2 Consider adopting Resolution No. 2012 -066 relating to the giving of notice of intention to issue City of Farmers Branch, Texas Combination Tax and Revenue Certificates of Obligation, Series 2012, providing an effective date and take appropriate action. Mr. Cox stated this resolution gives notice of the City's intent to issue short-term certificates of obligation, in an amount not to exceed $3.65 million, for the purpose of paying contractual obligations to be incurred for public safety radio system upgrades. City Council Meeting Minutes for October 2, 2012 Page 6 of 7 Motion by Councilmember Robinson to adopt Resolution No. 2012 -066; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. E.3 Consider adopting Ordinance No. 3202 adding a section to Appendix A of the Code of Ordinances setting an annual rate for right -of -way fees and take appropriate action. Motion by Councilmember Robinson to move this item to the October 16 city council meeting; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. EA Consider adopting Resolution No. 2012 -067 awarding and authorizing the City Manager to enter into contracts for employee and retiree group life and accidental death and dismemberment insurance, group long -term disability insurance, medical third -party administration, employee assistance program administration, group dental insurance, group vision insurance, and group stop -loss insurance and take appropriate action. Shanna Sims - Bradish, Assistant City Manager stated the City is self - insured for medical and prescription drug benefits. She reported the proposal for 2013 benefits reflects shared expenses by the employees (33 %) and the City (67 %). She presented highlights of the benefit plans. Motion by Councilmember Froehlich to adopt Resolution No. 2012 -067; motion seconded by Councilmember Fuller. Motion passed with all ayes. G.1 Consider necessary action on items discussed in the Executive Session. Agenda Item F.1 was not discussed; no action was taken on this item. For action relating to Agenda Item F.2, see action taken on Agenda Item E.1. G.2 Adjournment. Motion by Mayor Pro Tem Koch to adjourn; motion seconded by Councilmember Fuller. Motion passed with all ayes. The meeting adjourned at 8:23 p.m. William P. Glancy, Mayor ATTEST: Angela K'i y, City Secretary City Council Meeting Minutes for October 2, 2012 Page 7 of 7