2012-11-06 CC MinutesCity of Farmers Branch
City Council Meeting Minutes
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, November 6, 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
Tim Scott
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
Director of Economic Development & Tourism
John Land
Director of Planning & Zoning
Andy Gillies
Senior Planner
Alexis Jackson
Building Official
Jim Olk
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
Recreation Superintendent
Texx Stewart
Special Projects Manager
Meredith Dowdy
And with a quorum present, the following items were addressed:
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STUDY SESSION
A.1 Discuss regular city council meeting agenda items.
D.1 — Deputy Mayor Pro Tern Scott asked about changes that have been made since this
item was first presented. Andy Gillies, Planning & Zoning Director stated the revisions
included new exterior facades composed of at least 75% natural stone, concrete pipe
roofing for all proposed buildings, and the use of granite countertops in all proposed
dwelling units. Councilmember Froehlich voiced concern about adequate parking.
C.5 and C.6 — Mayor Pro Tern Koch asked how much was budgeted for the purchase of
the proposed network communication equipment, software and installation services
referenced in Agenda Item C.5 and for the purchase of an emergency generator for the
Wicker Pump Station. Staff reported each purchase had $300,000 budgeted.
C.7 — Councilmember Robinson asked how many businesses would be impacted by the
right -of -way fee. Charles Cox, Finance Director stated five (5) companies would be
subject to the fee, but reported Brookhaven Country Club has discontinued use of the
right -of -way and wishes to cancel their agreement with the City.
E.1 — Mayor Pro Tem Koch asked the City Attorney for clarification on what the City
was allowed to do regarding a bond election. Pete Smith, City Attorney stated the City
could educate the public but could not be an advocate.
A.2 Discuss Yard of the Month Program.
Rachael Johnson, Assistant to the City Manager, gave highlights of the proposed Yard of
the Month Program. City Administration proposed a partnership between the City and
the Farmers Branch Chamber of Commerce to provide the program to Farmers Branch
businesses and residents. Councilmembers directed staff to pursue the partnership with
the Farmers Branch Chamber of Commerce.
A.3 Discuss entertainment options for Liberty Fest 2013.
Meredith Dowdy, Special Projects Manager reviewed the recommended list of artists and
costs for each. Mayor Pro Tern Koch voiced concern that artists recommended by staff
may not draw a large enough crowd. Artists discussed were Pat Green, Ronnie Dunn,
Travis Tritt, Gretchen Wilson, Craig Morgan, Diamond Rio, Joe Nichols, and Mark
Chestnut.
AA Discuss the Police Department's September monthly report.
Police Chief Sid Fuller presented highlights from the September Crime Update /Report.
A.5 Discuss selection of Charter Review Committee.
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City Manager Gary Greer stated this item is to get the process started but that a final
selection would not be needed at this meeting. Councilmembers will email their
suggestions to the City Secretary.
A.6 Discuss rescheduling or cancelling the city council meeting currently set for January
1, 2013 and provide direction to staff.
After a brief discussion, councilmembers rescheduled the January city council meetings
to January 8 and January 22, 2013.
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.
Mayor Glancy read the Agenda Items for Executive Session. The Study Session Meeting
concluded at 5:26 p.m.
EXECUTIVE SESSION
The City Council convened into Executive Session at 5:30 p.m.
F.1 Discuss economic development incentives - Texas Government Code Section
551.087.
Consider an incentive package for Project Teddy Bear.
F.2 Discuss real property transactions- Texas Government Code Section 551.072.
Discuss purchase, sale, lease, exchange, or value of real property, specifically:
(a) Lot 18, Block 3, Valley View Addition No. 5, an Addition to the City of Farmers
Branch, Dallas County, Texas.
(b) Lot 2, Block A, The Shops at Branch Crossing, an Addition to the City of
Farmers Branch, Dallas County, Texas.
The City Council concluded Executive Session at 5:58 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 Mayor Pro Tern Koch led the Pledge
of Allegiance.
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B.2 Consider Board and Commission appointments and take appropriate action.
Motion by Councilmember Robinson to appoint Mike Hawkins to the Parks and
Recreation Board; motion seconded by Councilmember Froehlich. Motion passed with
all ayes.
B.3 Report on Study Session items.
Deputy Mayor Pro Tern Scott reported on the following items:
• The Yard of the Month Program has been reinstated as a joint project between the
City and the Farmers Branch Chamber of Commerce. The program will include
Farmers Branch businesses and residents.
Entertainment options were discussed for Liberty Fest 2013, which will have a
Country and Western format this year.
Police Chief Fuller presented highlights from the September Crime
Update /Report.
Although appointments will not be made until later, discussion has started on the
selection of a Charter Review Committee.
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.
Councilmember Fuller stated the Bluegrass Festival & Chili Cookoff, Celebration of
Roses, and Holiday Craft Fair were all held recently in Farmers Branch. He said there
was a good turnout for all events and complimented staff on how smoothly the events
ran.
Mr. Greer gave the City Manager's Report.
CONSENT AGENDA
C.1 Consider approval of minutes of City Council meeting of October 16, 2012 and take
appropriate action.
C.2 Consider adopting Resolution No. 2012 -075 authorizing the City Manager to enter
into a Software License and Services Agreement with Sungard Public Sector, Inc.
and take appropriate action.
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C.3 Consider adopting Resolution No. 2012 -079 authorizing the purchase of an upgrade
for the existing police mobile digital in -car video system from L -3 Mobile Vision Inc.
and take appropriate action.
CA Consider adopting Resolution No. 2012 -078 authorizing the City Manager to enter
into an agreement with the North Central Texas Council of Governments for the
provisioning of E911 telephone services to include equipment installation and
annual system maintenance and authorizing the purchase of E911 telephone
equipment and database services from Intrado in the amount of $218,000 and take
appropriate action.
C.5 Consider adopting Resolution No. 2012 -081 authorizing the purchase of a Dell
Compellent Storage Array, Commvault backup and recovery solution, Dell Server
hardware, and associated software and services from Dell Marketing LP. and take
appropriate action.
C.6 Consider adopting Resolution No. 2012 -082 awarding a bid for the purchase of a
generator for Wicker Pump Station to Metco Engineering in the amount of $370,400
and take appropriate action.
C.7 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 Mayor Pro Tem Koch to approve Consent Agenda Items C.1 through C. 7,•
motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes.
PUBLIC SESSION
DA Public Hearing: Consider adopting Ordinance No. 3198 to amend Planned
Development No. 81 (PD -81) to allow an 11.1 acre multi - family development and
approve a Conceptual Site Plan and take appropriate action. The public hearing
for this case begun on October 16th and will be continued at the November 6th,
2012 city council meeting.
Mr. Gillies stated the public hearing for this case started on October 16 and is being
continued at tonight's meeting. He provided an overview of the project. The applicant
and architect presented highlights of the development. Three people wished to speak:
• Darren Sloniger — spoke against the project
• RL Lemke — spoke in favor of the project
• Michael Misetich — spoke against the project
Mayor Glancy closed the public hearing.
Councilmember Fuller stated concerns with the lack of structured parking, lack of
elevators, and changing from an Employment Core zoning subdistrict to Multi- Family
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Residential. Mayor Pro Tem Koch also voiced concern with changing the zoning on the
property.
Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3198. Motion failed due
to lack of a second.
Motion by Deputy Mayor Pro Tem Scott to deny Ordinance No. 3198; motion seconded
by Councilmember Fuller. Motion passed with all ayes.
D.2 Public Hearing: Consider adoption of Ordinance No. 3209 for a Specific Use
Permit - Interim (not less than 2 years) allowing limited Outdoor Display of Used
Vehicles for sale located at 3115 and 3117 Garden Brook Drive and take
appropriate action.
Mayor Glancy opened the public hearing. Mr. Gillies stated the applicant is requesting
permission to expand its limited outdoor display to six (6) parking spaces.
Councilmember Fuller asked for clarification on the code violations relative to this
property. Mr. Gillies reported the applicant was sent a code citation for displaying more
than the allowed three (3) sales vehicles. The case is scheduled for a bench trial later this
year. The applicant presented photos in defense of the code citation. Jim Olk, Building
Official stated the City has received several calls and complaints about the company
displaying more than three (3) vehicles on the site. Pat Haggerty spoke in opposition of
the request. Mayor Glancy closed the public hearing.
Motion by Councilmember Robinson to adopt Ordinance No. 3209; motion seconded by
Councilmember Froehlich. Motion failed with the following vote:
Ayes —Froehlich, Robinson
Nos — Scott, Fuller, Koch
D.3 Public Hearing: Consider adopting Ordinance No. 3207 relative to the Farmers
Branch Youth Programs' Standards of Care in compliance with the Texas Human
Resource Code, Section 42.041(b)(14) and take appropriate action.
Texx Stewart, Recreation Superintendent stated this is an annual requirement relating to
Senate Bill 212 which exempts municipal youth recreation programs from child care
licensing requirements, providing the governing body of the municipality adopts
Standards of Care by ordinance after conducting a public hearing. Mayor Glancy opened
the public hearing and with the no one wishing to speak closed the hearing.
Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3207; motion seconded
by Councilmember Froehlich. Motion passed with all ayes.
REGULAR AGENDA ITEMS
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E.1 Consider adopting the Aquatic Facility Master Plan and directing staff to prepare
the necessary items for an aquatic facility bond to be a ballot issue for the election in
May of 2013 and take appropriate action.
Ernie Tiller, Chair of the Friends of the Farmers Branch Aquatic Facility provided history
and an overview of the project. He stated two (2) town meetings were held to gather
input from the general public, which was used in completion of the Aquatic Facility
Master Plan. Mr. Tiller requested a bond election in May 2013 for a new aquatic facility.
He also requested the item be placed on the ballot as a single item.
Three people spoke in favor of the project:
• Jim Barrett
Clare Connally
Katie Roberts
Councilmembers asked for clarification from Charles Cox, Finance Director regarding
certificates of obligation verses a bond project. Councilmembers discussed issuing
certificates of obligation for the project.
Motion by Deputy Mayor Pro Tem Scott to adopt the Aquatic Facilities Evaluation
(Master Plan); motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes.
E.2 Consider adopting Resolution No. 2012 -080 amending the Site Plan located at 14185
Dallas Parkway, within Planned Development No. 75 (PD -75) zoning district and
take appropriate action.
Alexis Jackson, Senior Planner stated the applicant is requesting an amendment to the site
plan to allow for additional signage located on the north side of the office building. The
applicant was present for the meeting.
Motion by Councilmember Robinson to adopt Resolution No. 2012 -080; motion seconded
by Deputy Mayor Pro Tem Scott. Motion passed with all ayes.
E.3 Receive presentation on Texas Department of Transportation (TxDOT) I -35
project(s).
John Hudspeth, Deputy Director of TxDOT provided an update on the I -35E
reconstruction projects.
EA Consider adopting Ordinance No. 3208 amending the City of Farmers Branch Code
of Ordinances, Chapter 82, Traffic and Vehicles, relative to prohibiting parking
along portions of Beltwood Parkway East and Trend Drive and take appropriate
action.
Randy Walhood, Project Manager stated Maxim Integrated requested no parking along
the west right -of -way of Beltwood Parkway East, and made a similar request regarding
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the east right -of -way of Trend. He reported due to large commercial vehicles parking in
this area it makes it difficult for vehicles to safely exit from the neighboring properties.
Motion by Councilmember Robinson to adopt Ordinance No. 3208; motion seconded by
Mayor Pro Tem Koch. Motion passed with all ayes.
G.1 Consider necessary action on items discussed in the Executive Session.
No action was taken on Agenda Item F.1.
The following motions were made relating to Agenda Item F.2:
Motion by Deputy Mayor Pro Tem Scott authorizing the City Manger to negotiate and
sign on behalf of the City a contract to sell Lot 16, Block 4, Valley View 5 Addition, an
Addition to the City of Farmers Branch, Texas, also known as 2663 Mount View Drive,
with the Farmers Branch Local Government Corporation in with a sales price of $70, 000
(of which not more than $20, 000 shall be paid from a grant made pursuant to Local
Government Code Chapter 380) for the purpose of being resold to Todd Bonneau Homes,
LLC or assigns, subject to a restriction agreement requiring the property to be
developed in conjunction with the development of the property known as 2659 Mount
View Drive and used as a detached single family residence with an initial combined value
of approximately $690, 000, inclusive of land and improvements. I further move the City
Manger be authorized to sign such other documents as he, in conjunction with the City
Attorney, deems reasonable and necessary with respect to closing these transactions in
accordance with the provisions of this motion. Motion seconded by Councilmember
Froehlich; motion passed with all ayes.
Motion by Councilmember Froehlich authorizing the City Manager to negotiate and sign
on behalf of the City a contract with the Farmers Branch Local Government Corporation
to sell Lot 16, Block 4, Valley View 5 Addition, an Addition to the City of Farmers
Branch, Texas, also known as 2662 Mount View Drive, for the purpose of being resold to
Todd Bonneau, subject to a restriction agreement requiring the property to be developed
and used as a detached single family residence with an initial combined value of
approximately $350, 000, inclusive of land and improvements, and that the City Manger
also be authorized to sign such other documents as he, in consultation with the City
Attorney, deems reasonable and necessary with respect to closing these transactions.
Motion seconded by Councilmember Fuller; motion passed with all ayes.
G.2 Adjournment.
Motion by Deputy Mayor Pro Tem Scott to adjourn; motion seconded by Councilmember
Froehlich. Motion passed with all ayes. The meeting adjourned at 8:43 p.m.
William P. Clancy, Mayor;/
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ATTEST:
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