2013-08-06 CC MinutesCity Hail
A City of Farmers Branch 130�00 VVm. Dodson Pkwy.
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'01111 1 Farmers Branch, TX 75234
,I �A 1A i\11" R, S Meeting Minutes - Final
9 � 1� IN, r'4 I'l City Council
Tuesday, August 6, 2013 6:30 PMI COUncif Chambers
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Study Session, Meeting to be held at 4:00 PM in Study Session Room
STUDY SESSION
Mayor Glancy called the Study Session Meeting to order at 4:00 p.m.
Presiding: 1 - Mayor William P. Glancy
Present: 5 - Mayor Pro Tern Jeff Fuller, Deputy Mayor Pro Tern Kirk Connally, Council
Member Ben Robinson, Council Member Harold Froehlich and Council
Member Ana Reyes
Staff: 16 - Gary D. Greer, Peter G. Smith, Angela Kelly, Rachael Johnson, Torn
Bryson, Charles Cox, Sidney Fuller, Jeff Harting, Allison Cook, Kevin
Muenchow, Jim UK Steve Parker, Randy Walhood, Rick Chaffin, Mark
Samuels and Brian Beasley
Council Member Robinson arrived at 4:05 p.m.
Discuss regular City Council meeting agenda items.
G.4 - Mayor Glancy asked if there were any maintenance issues with the sanitary
sewer system tunnel that is shared with the Town of Addison . Charles Cox, Finance
Director, reported the costs are shared and there has only been routine maintenance
required.
Receive an update on repurposing Farmers Branch Park for
Senior Housing
City Council received a presentation from Blackard Global regarding a proposed
mixed-use village development. After some discussion, the City Council directed the
City Manager to have this put before the voters. City Administration will bring this to
the August 20 City Council meeting.
Mayor Glancy read the agenda for Executive Session items J.1, J. 2(a) and J. 2(b),
The Study Session Meeting ended at 4,42 p.m.
EXECUTIVE SESSION
City of Farmers Branch
The City Council convened into Executive Session at 4:42 p.m.
Discuss land acquisitions - Texas Government Code Section
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City Council Meeting Minutes - Final August 6, 2013
551.072:
Discuss sale of real property described as Lot 7, Block A, Letha
Lea Heights, an Addition to the City of Farmers Branch, Texas
(also known as 2631 Leta Mae)
J.2 Discuss pending and contemplated litigation - Texas Government
Code Section 551.071(2):
(a)Consultation with City Attorney regarding pending litigation
styled Villas at Parkside Partners doing business as Villas at
Parkside, et. al. v. City of Farmers Branch, Texas, and Valentin
Reyes, et. al. v. City of Farmers Branch, Texas, Case No. 10 -10751
pending in United States Court of Appeals for the 5th Circuit.
(b)Consultation with City Attorney regarding pending litigation
styled Mark Baker v. City of Farmers Branch et. al., Cause No.
DC -13 -08249 pending in the 134th State District Court of Dallas
County, Texas.
The City Council concluded Executive Session at 5:51 p.m. and took a short recess.
K. THE CITY COUNCIL RECONVENES INTO OPEN SESSION
Consider necessary action on items discussed in the Executive Session.
Take action regarding an appeal of the en banc decision in the case styled
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Villas at Parkside Partners, doing business as Villas at Parkside, et. al. v.
City of Farmers Branch, Texas and Valentin Reyes, et. al. v. City of
Farmers Branch, Texas, Case No. 10 -10751 pending in United States Court
of Appeals for the 5th Circuit.
The City Council reconvened into Open Session at 6:33 p.m.
B. INVOCATION & PLEDGE OF ALLEGIANCE
Deputy Mayor Pro Tem Connally gave the invocation and Council Member Reyes led
the Pledge of Allegiance.
C. CEREMONIAL ITEMS
CA Presentation of a proclamation honoring Margaret Young for her
participation in the National Senior Olympics.
Mayor Glancy presented Margaret Young with a proclamation honoring her for her
participation in the National Senior Olympics held in July and for bringing home a
gold medal in the Volleyball 70's Silver Division.
C.2 Consider accepting a donation of two scoreboards from the
Carrollton- Farmers Branch Baseball Association (CFBBA) and
,...� take appropriate action.
Mayor Glancy and Jeff Harting, Parks and Recreation Director, accepted the
donation from the Carrollton- Farmers Branch Baseball Association.
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City Council Meeting Minutes - Final August 6, 2013
A motion was made by Council Member Reyes, seconded by Mayor Pro Tem
Fuller, that this Donation be accepted. The motion carried by the following
vote:
Aye: 5 - Mayor Pro Tem Fuller, Deputy Mayor Pro Tem Connally, Council Member
Robinson, Council Member Froehlich and Council Member Reyes
C.3 Consider accepting a donation of a refurbished Star Trac Pro
treadmill, including professional installation, product testing and
product training from Fit Supply of Arlington, Texas and take
appropriate action.
Mayor Glancy accepted the donation on behalf of the City.
A motion was made by Council Member Robinson, seconded by Mayor Pro
Tem Fuller, that this Donation be accepted. The motion carried by the following
vote:
Aye: 5 - Mayor Pro Tem Fuller, Deputy Mayor Pro Tem Connally, Council Member
Robinson, Council Member Froehlich and Council Member Reyes
CA Consider Board and Commission appointments and take
appropriate action.
A motion was made by Mayor Pro Tem Fuller, seconded by Deputy Mayor Pro
Tem Connally, to appoint Jan Woody to serve on the Historical Preservation
r� and Restoration Board. The motion passed unanimously.
A motion was made by Mayor Pro Tem Fuller; seconded by Council Member
Froehlich, to appoint the following to serve on the Tax Increment Financing
Reinvestment Zone No. 1 and Zone No. 2:
Ben Robinson
Gary Greer
Pam DeHon
Steve Parker
Michelle Holmes
Charles Cox
The motion passed unanimously.
A motion was made by Deputy Mayor Pro Tem Connally, seconded by Council
Member Reyes, to appoint Matt Wenthold to serve on the Library Board. The
motion passed unanimously.
D. REPORT ON STUDY SESSION ITEMS
Council Member Robinson reported a presentation was made in Study Session
regarding the repurposing of Farmers Branch Park. Prior to any repurposing being
done at the park, a referendum vote of the citizens would be required.
E. ITEMS OF COMMUNITY INTEREST
Topics presented for the City Manager's Report included the following:
Aquatic Park Groundbreaking
Utility Bill Assistance Program
Economic Development Update
Drop off for batteries, oils, paints, antifreeze (BOPA) Collection Truck
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City Council Meeting Minutes - Final August 6, 2013
F. CITIZEN COMMENTS
Rick Johnson thanked the Fire and Police Departments for their hard work and great
service they provide.
G. CONSENT AGENDA
Approval of the Consent Agenda
A motion was made by Deputy Mayor Pro Tem Connally, seconded by Council
Member Froehlich, to approve the items on the Consent Agenda. The motion
carried by the following vote:
Aye: 5 - Mayor Pro Tern Fuller, Deputy Mayor Pro Tem Connally, Council Member
Robinson, Council Member Froehlich and Council Member Reyes
G.1 Consider approval of minutes of the City Council meeting held on
July 16, 2013 and take appropriate action.
The Minutes were approved.
G.2 Consider approving Resolution No. 2013 -036 authorizing the City
Manager to enter into an agreement with Freese and Nichols for
on" professional engineering services to identify and explore a
possible storm water utility fee and take appropriate action.
This Resolution was approved.
G.3 Consider approving Resolution No. 2013 -048 authorizing the City
Manager to execute a contract with Midwest Wrecking Company
of Texas, Inc. in the amount of $53,840 to provide demolition
services for the Don Showman Pool and skate park and take
appropriate action.
This Resolution was approved.
GA Consider approving Resolution No. 2013 -049 approving the
2013 -2014 Operating Budget of the North Dallas County Water
Supply Corporation and take appropriate action.
This Resolution was approved.
H. PUBLIC HEARINGS
There were no public hearings on the agenda.
I. REGULAR AGENDA ITEMS
1.1 Receive and discuss report from the Charter Review Committee
for proposed amendments to the Home Rule Charter and take
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City Council Meeting Minutes - Final August 6, 2013
on"
action to direct the City Attorney and City Administration relating
to the preparation of an ordinance for placement on the next City
Council agenda to call an election to be held on November 5,
2013, to consider proposed amendments to the Home Rule
Charter.
Nancy Hardie presented the Charter Review Committees Final Report, which
included thirteen (13) proposed amendments. The following individuals spoke.
Carol Dingman - asked City Council to reinstate the number of signatures required on
Initiative, Referendum, & Election petitions back to five percent (5 %) respectively
Jesse Sprague - stated he was available in case there were any questions regarding
a Council Honor Code that was not included in the proposed charter amendments,
but was recommended the City Council take further action outside the charter
amendment process
Tom Bohmier - voiced concern about lowering the numbering of signatures required
on petitions from fifteen percent (15 %) to five percent (5961)
Motion by Council Member Robinson, seconded by Council Member Reyes, to
amend Sections 11.02 (Initiative) and 11.05 (Referendum) changing the number
of signatures required on initiative and referendum petitions from fifteen
percent (15%) to ten percent (10 %) respectively. The motion passed
unanimously.
Motion by Council Member Robinson, seconded by Council Member Froehlich,
to approve the recommendations as presented by the Charter Review
Committee with the exception of Section 2.20. The motion passed with the
following vote:
Ayes - Fuller, Robinson, Froehlich
Nos - Connally, Reyes
1.2 Receive a presentation by Luther Bernstein to discuss the single
family rental license fee.
Mr. Bernstein requested this item be moved to the August 20 City Council meeting.
1.3 Consider adopting a motion to place a proposal to adopt a
property tax rate of $0.5731 on the City Council agenda of
September 17, 2013; schedule two public hearings on the
proposed rate for August 20, 2013 and September 3, 2013; and
take appropriate action.
Charles Cox presented information regarding the proposed property tax rate and
public hearing dates. Mayor Pro Tem Fuller proposed holding a budget workshop on
a Saturday. The general consensus of the City Council was to schedule a budget
workshop on Saturday, August 24, 2013.
Motion by Council Member Robinson, seconded by Deputy Mayor Pro Tem
Connally, to approve placing a proposal to adopt a tax rate of $0.5731 on the
City Council agenda for September 17, 2013 at 6:30 p.m. Motion passed
unanimously.
Motion by Council Member Robinson, seconded by Deputy Mayor Pro Tem
Connally, to schedule two public hearings on the proposed tax rate of $0.5731
for August 20, 2013 and September 3, 2013 at 6:30 p.m. at City Hall Council
Chambers located at 13000 William Dodson Parkway, Farmers Branch, Texas.
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City Council Meeting Minutes - Final August 6, 2013
Motion passed unanimously.
1.4 Receive public input and discuss whether to appeal the en banc
decision in the case styled Villas at Parkside Partners, doing
business as Villas at Parkside, et. al. v. City of Farmers Branch,
Texas and Valentin Reyes, et. al. v. City of Farmers Branch, Texas,
Case No. 10 -10751 pending in United States Court of Appeals for
the 5th Circuit.
The following individuals spoke in favor of an appeal:
Rick Johnson
Tom Bohmier
Mark Baker
Betty Supinski
Clay Russell
Lib Grimmett
The following individuals spoke in opposition of an appeal
Elizabeth Villafranca
Carol Dingman
Vernon Smith
Andy Olivo
Bill Phelps
Richard Jones
Judy Byrd
Kris Kobach and Michael Jung, consulting attorneys representing the City, spoke
regarding the case. Council Member Reyes clarified she has no relatives involved in
this case.
1.5 Receive public input and discuss pending litigation styled Mark
Baker v. City of Farmers Branch et. al., Cause No. DC -13 -08249 in
the 134th Judicial District Court, Dallas County Texas.
The City Attorney, Peter Smith, provided an update on the case. Betty Supinski and
Mark Baker spoke stating their frustration over the City Council's action to drop the
appeal of the Fabela case.
The Mayor announces that the items of the agenda for the Regular Session have
been concluded. After a short recess, the meeting will convene for items in the
Executive Session. The meeting will then reconvene into open Regular Session after
the items have been discussed in the Executive Session to consider any necessary
action.
Council Member Reyes requested Agenda Item J.2(a) be discussed in Executive
Session.
J. EXECUTIVE SESSION
City of Fanners Branch
The City Council convened into Executive Session at 9:10 p.m.
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City Council Meeting Minutes - Final August 6, 2013
J.2 Discuss pending and contemplated litigation -Texas Government
Code Section 551.071(2):
(a)Consultation with City Attorney regarding pending litigation
styled Villas at Parkside Partners doing business as Villas at
Parkside, et. al. v. City of Farmers Branch, Texas, and Valentin
Reyes, et al. v. City of Farmers Branch, Texas, Case No. 10 -10751
pending in United States Court of Appeals for the 5th Circuit.
(b)Consultation with City Attorney regarding pending litigation
styled Mark Baker v. City of Farmers Branch et. al., Cause No.
DC -13 -08249 pending in the 134th State District Court of Dallas
County, Texas.
The City Council concluded Executive Session at 9:11 p.m.
K. THE CITY COUNCIL RECONVENES INTO OPEN SESSION
Consider necessary action on items discussed in the Executive Session.
Take action regarding an appeal of the en banc decision in the case styled
Villas at Parkside Partners, doing business as Villas at Parkside, et. al. v.
City of Farmers Branch, Texas and Valentin Reyes, et. al. v. City of
Farmers Branch, Texas, Case No. 10 -10751 pending in United States Court
on" of Appeals for the 5th Circuit.
The City Council reconvened into Open Session at 9:12 p.m.
The following motion was made relating to Agenda Item J.1:
Motion by Mayor Pro Tem Fuller, seconded by Deputy Mayor Pro Tem Connally, to
authorize the City Manager to negotiate and execute an agreement to sell to the
Farmers Branch Local Government Corporation the surface estate of Lot 7, Block A,
Letha Lea Heights, an Addition to the City of Farmers Branch, Texas (also known as
2631 Leta Mae) for the purposes of reselling said property to Robert Stover and wife,
Teresa Stover for a sales price of $75, 000 subject to a restriction agreement with the
City requiring the construction of a single family residential structure on the property
with not less than 3, 000 square feet of air conditioned space and an assessed value
of not less than $450,000 inclusive of land, upon completion of construction, and to
sign such other documents as he, in consultation with the City Attorney, deems
reasonable and necessary with respect to closing these transactions. The motion
passed with all ayes.
No action was taken relating to Agenda Item J.2(a) or J. 2(b).
L. ADJOURNMENT
A motion was made by Council Member Robinson, seconded by Mayor Pro
Tem Fuller, that this meeting be adjourned. The motion carried by the following
vote:
Aye: 5 - Mayor Pro Tem Fuller, Deputy Mayor Pro Tem Connally, Council Member
,,m" Robinson, Council Member Froehlich and Council Member Reyes
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City Council Meeting Minutes - Final August 6, 2013
The meeting adjourned at 9:13 p.m,.
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