2010-03-02 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, March 2, 2010
Regular Meeting
6:00 P.M.
City Council Chambers
The following members of the Council were present:
Mayor Tim O'Hare
Deputy Mayor Pro Tern Tim Scott
Mayor Pro Tern David Koch
Council members Harold Froehlich
Michelle Holmes
Ben Robinson
The following members of the Administration were present:
City Manager Gary Greer
Assistant City Manager Matt Benoit
Assistant City Manager Shanna Sims-Bradish
City Secretary Cindee Peters
City Attorney Kevin Laughlin
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
City Engineer Jerry Murawski
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Fire Chief Kyle King
Director of Equipment Services Kevin Muenchow
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Mr. Tom Smith gave the invocation and Councilman Harold Froehlich led the pledge of
allegiance.
B.2 PRESENTATION OF CERTIFICATE FROM THE SECRETARY OF STATE TO THE
CITY OF FARMERS BRANCH FOR ITS ECONOMIC DEVELOPMENT EFFORTS
John Land, Director of Economic Development presented to the Mayor and Council a
certificate of recognition to honor the City for "its efforts to promote economic
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development" and "for its foresight in securing a strong future and sustained quality of
life for its community" presented by Secretary of State Hope Andrade.
B.3 PROCLAIM MARCH 2010 AS "SEVERE WEATHER AWARENESS MONTH" IN
FARMERS BRANCH
Mayor O'Hare presented Kyle D. King, Fire Chief a proclamation declaring March 2010
as "Severe Weather Awareness Month."
B.4 PRESENTATION OF SERVICE AWARD - TIM DEDEAR - FIRE DEPARTMENT -
15 YEARS.
Mayor O'Hare presented a 15 year employee service award to Tim Dedear with the
Farmers Branch Fire Department.
B.5 PRESENTATION OF SERVICE AWARD - OMAR ARANDA - COMMUNITY
SERVICES - 5 YEARS.
Mayor O'Hare presented a 5 year employee service award to Omar Aranda with the
Community Services Department.
B.6 PRESENTATION OF SERVICE AWARD - MIKE HERRING - COMMUNITY
SERVICES - 20 YEARS.
Mayor O'Hare presented a 20 year employee service award to Mike Herring with the
Community Services Department.
B.7 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
Mayor O'Hare explained this item gives applicants an opportunity to present board
applications to the City Council and the City Council to make appointments to vacancies
on boards and commissions.
Mayor O'Hare stated there were no appointments to be made tonight.
G.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor O'Hare explained this item would be heard at this time and called for necessary
action on this item.
A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, all voting "aye",
authorized the City Manager to negotiate and sign on behalf of the City an economic
development incentive agreement with Graphic Solutions Group in accordance with the
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City's Economic Development Policies including a tax abatement of up to 30% business
personal property value for five years.
B.8 REPORT ON STUDY SESSION ITEMS.
Members of the City Council gave a brief explanation of items discussed in study
session.
B.9 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 O'Hare reminded everyone that today was Texas Independence Day, the
dedication for the new skate park would be March 13th at 10 a.m., Jazz-N-Blooms would
be held March 28th, Cleanup Day in Farmers Branch would be April 17th and Liberty Fest
would be held on March 28th and 29th.
Mayor Pro Tern Koch also reminded citizens that the Blue Grass Festival would be held
with Rose Dango in October.
Mayor O'Hare 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 place 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 Tern Koch, a second by Councilman Scott, all voting "aye",
approved the consent agenda as submitted.
C.I APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 16,
2010.
C.2 ADOPTED RESOLUTION NO. 2010-009 ACCEPTING SANITARY SEWER
EASEMENTS ON 3311 CHAPARRAL DRIVE, 3166 BROOKHOLLOW
DRIVE, AND 3172 BROOKHOLLOW DRIVE TO FACILITATE THE
CONSTRUCTION OF EROSION PROTECTION IMPROVEMENTS FOR AN
EXISTING SANITARY SEWER MAIN ALONG FARMERS BRANCH
CREEK.
C.3 APPROVED THE FINAL PLAT OF SHORE ADDITION.
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CA ADOPTED RESOLUTION NO. 2010-008 ACCEPTING A GRANT OF
DIRECT AID FROM THE STATE OF TEXAS TO THE MANSKE LIBRARY
IN THE AMOUNT OF $23,687.
C.5 EXCUSED THE ABSENCE OF COUNCILMEMBER TIM SCOTT AT THE
FEBRUARY 16, 2010 MEETING.
C.6 EXCUSED THE ABSENCE OF COUNCILMEMBER BEN ROBINSON AT
THE FEBRUARY 16, 2010 MEETING.
D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3076 GRANTING
A SPECIFIC USE PERMIT FOR THE INSTALLATION OF 3 ADDITIONAL
ANTENNAS TO AN EXISTING WIRELESS TELECOMMUNICATIONS SYSTEM
ON THE JUSTICE CENTER WATER TOWER LOCATED AT 3725 VALLEY VIEW
LANE WITHIN THE RESIDENTIAL 2 (R-2) ZONING DISTRICT AND TAKE
APPROPRIATE ACTION.
Andy Gillies, Planning Director, explained Clear Wireless, LLC, a subsidiary of
Sprint/Nextel, has leased a portion of Sprint/Nextel's existing 12-panel, 3-sided antenna
installation on the Farmers Branch Justice Center water tower. In order to provide better
wireless internet service to their customers, Clear Wireless is proposing installation of 3
additional antennas, two 12-inch and one 24-inch-diameter microwave dishes, on the
water tower. The 3 antennas are proposed to be installed on the same 3 mounts that
support the 3 smallest antenna panels on each side of the existing installation.
The proposed antenna dishes will require no additional penetration of the water tower
column and their corresponding electrical equipment cabinets will be installed in the
existing Sprint/Nextel shelter.
Clear Wireless, LLC/Sprint/Nextel's lease with the City for space on the Justice Center
water tower has been renegotiated and will be a companion item on the City Council
agenda.
The Planning and Zoning Commission unanimously recommends approval of the
proposed Specific Use Permit and associated Site Plan subject to the following
conditions:
The antennas shall be painted to match the color of the water tower.
2. Clear Wireless, LLC/Sprint/Nextel or subsequent owner of the antenna system
and equipment shelter shall remove the wireless communications antennas,
associated equipment shelter, and all appurtenances within ninety (90) days
subsequent to such time that the antenna and equipment shelter become obsolete
and the use is abandoned.
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3. Clear Wireless, LLC/Sprint/Nextel or authorized contractors shall make
arrangements with the City of Farmers Branch Public Works Department before
obtaining access to the Justice Center Water Tower or associated equipment
shelters on City of Farmers Branch Property for any installation, repairs or testing
of antennas, equipment or other appurtenances associated with the facility.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
closed the public hearing.
A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye
adopted the following captioned Ordinance 3076 approving the proposed Specific Use
Permit and associated Site Plan as recommended by the Planning and Zoning
Commission.
ORDINANCE NUMBER 3076
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE
PERMIT TO ADD TWO 12-INCH AND ONE 24-INCH MICROWAVE
ANTENNA DISHES TO AN EXISTING 12-PANEL CELLULAR
COMMUNICATIONS ANTENNA SYSTEM ON THE CITY OF FARMERS
BRANCH JUSTICE CENTER WATER TOWER LOCATED ON
APPROXIMATELY 6.01 ACRES AT 3725 VALLEY VIEW LANE,
GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE
AND EAST OF MARSH LANE WITHIN THE ONE FAMILY RESIDENCE
DISTRICT-2 (R-2) ZONING DISTRICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR
INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
E.1 CONSIDER ADOPTING RESOLUTION NO. 2010-011 AUTHORIZING THE CITY
MANAGER TO APPLY FOR A CRIMINAL JUSTICE PROGRAMS GRANT
THROUGH THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE
GOVERNOR AND TAKE APPROPRIATE ACTION.
Sidney Fuller, Chief of Police, explained the State of Texas has grant funds available
through the Criminal Justice Programs Grant system to fund specific criminal justice
projects. The police department is seeking $76,150 in grant funds to be used to purchase
a multi-purpose vehicle. The vehicle would serve multiple roles that include the transport
of up to sixteen first responders to a critical incident scene in order to provide public
safety services at the location. The vehicle could be utilized to transport prisoners from
the scene of a mass arrest as well as act as a transport vehicle for equipment and
personnel to service special events (Liberty Fest).
On a day to day basis the vehicle would be used by our warrant officer to pick up
prisoners around the region who are being held on Farmers Branch warrants. He currently
has to use a Crown Victoria police car and can only carry three prisoners. This requires
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him to make multiple trips. Further, we have received information that the Dallas County
Sheriff's Office intends to stop picking up prisoners from local jails. This would require
us to transport the prisoners to Dallas every day. We currently do not have a vehicle
designed to transport multiple prisoners at a time.
This project does not require any matching funds from the City. However, the process
does require a resolution from the City Council authorizing submission of the application
for the grant funding.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
adopted Resolution No. 2010-011 authorizing the City Manager to apply for a Criminal
Justice Programs Grant.
E.2 CONSIDER ADOPTING RESOLUTION NO. 2010-010 AUTHORIZING THE CITY
MANAGER TO SIGN A LEASE AMENDMENT WITH NEXTEL
COMMUNICATIONS TO ADD THREE ADDITIONAL COMMUNICATIONS
DEVICES TO THE WATER TOWER LOCATED AT 3725 VALLEY VIEW LANE
AND TAKE APPROPRIATE ACTION.
Matt Benoit, Assistant City Manager, explained the City of Farmers Branch has been
approached by Clear Wireless, a subsidiary of Nextel communications to place three
wireless communication devices on the water tower at 3725 Valley View Lane (east of
the Justice Center). This Resolution proposes amending the existing lease with Nextel to
include an additional $1,275 per month for these three devices. This amount is consistent
with lease amounts charged for other communications devices on city-owned property.
Item number D.1 on this agenda proposes the Special Use Permit for these devices.
City Administration recommends adopting Resolution No. 2010-010 authorizing the City
Manager to sign the lease amendment with Nextel Communications to add three
additional communications devices to the water tower located at 3725 Valley View Lane.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
adopted Resolution No. 2010-010 authorizing the City Manager to sign the lease
amendment.
MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M. WORK SESSION.
MAYOR O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE
SESSION AT 5:20 P.M. AND THEN CONCLUDED AT 5:33 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.
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F.l DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT
CODE SECTION 551.087.
Discussion and consideration of economic development incentives for relocation of a
graphics company to the city.
Mayor O'Hare explained staff was present to update Council on this item.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN EXECUTIVE
SESSION.
Mayor O'Hare called for necessary action.
A motion by Councilman Koch to authorize the City Manager to negotiate and sign on
behalf of the City an economic development incentive agreement with Graphic Solutions
Group in accordance with the City's economic development policies including a tax
abatement of up to 30% business personal property value for five years, with a second by
Councilman Froehlich, with all voting "aye".
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Froehlich, all voting "aye," adjourned the
City Council meeting of March 2, 2010 at 6:38 p.m.
Tim O'Hare, Mayor Cindee Peters, ity Secretary
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