2013-08-20 CC MinutesPo"
FARMERS
BRANCH
Tuesday, August 20, 2013
City of Farmers Branch
Meeting Minutes - Final
City Council
6:30 PM
City Hall
13000 Wm. Dodson Pkwy.
Farmers Branch, TX 75234
Study Session Meeting to be held at 4:00 PM in Study Session Room
A. STUDY SESSION
Council Chambers
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: 17 - Gary D. Greer City Manager, Peter G. Smith City Attorney, Angela Kelly
City Secretary, Rachael Johnson Assistant to the City Manager, Tom
Bryson Communications Director, Charles Cox Director of Finance, Sidney
Fuller Police Chief, Andy Gillies Director of Planning, Jeff Harting Parks &
Recreation Director, John Land Director of Economic Development, Kevin
Muenchow Director of Facilities & Fleet, Jim Olk Community Services
Director, Steve Parker Fire Chief, Randy Walhood Public Works Director,
Mark Samuels Information Services Director, Brian Beasley Human
Resources Director and Rick Chaffin Management Consultant
A.1 Discuss regular city council meeting agenda items.
H.1 - Council Member Robinson asked for clarification regarding the public hearings
for the property tax rate. City Manager Gary D. Greer reported two public hearings
would be held, one for tonight and one for September 3, 2013. A budget workshop is
scheduled for Saturday, August 24, 2013. Final property tax rate adoption is
scheduled to take place at the City Council meeting on September 17, 2013.
A.2 Receive a presentation of annual Code Enforcement Report.
Jim.Olk, Community Services Director, presented the annual Code Enforcement
Report. The report included updates on residential enforcement which consisted of
proactive property maintenance inspections, complaint response, certificate of
occupancy inspections, single family rental license, and apartment license and
inspections.
A.7 Receive a presentation by Victoria Harrison to discuss the LBJ
Expansion project.
Mayor Glancy moved this item up on the agenda.
0=14 Ms. Victoria Harrison presented her concerns regarding the LBJ expansion project.
She requested the City's website include a representative for residents to contact with
their questions or concerns relating to the project.
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City Council Meeting Minutes - Final August 20, 2013
A.3 Receive a presentation on the conceptual plan of the new
Aquatics Facility.
Jason Peebles, Recreation Supervisor, presented conceptual plans for the new
Aquatics Facility.
A.4 Receive an update on Sports Tourism in Farmers Branch.
John Land, Director of Economic Development & Tourism provided an update on
Sports Tourism in Farmers Branch. The update included a brief history, background,
top ten tournaments, current situation of facilities, competition, and future of sports
tourism.
A.5 Receive a preliminary update from Metrostudy on the Farmers
Branch residential neighborhood analysis.
David Brown and Brad Colliander from Metrostudy presented preliminary findings of
their internal market analysis.
A.6 Discussion regarding Senate Bill 1297 Online Message Boards.
Due to time constraints this item will be moved to the September 3, 2013 City Council
meeting.
F" B. INVOCATION & PLEDGE OF ALLEGIANCE
Council Member Froehlich gave the Invocation and Mayor Pro Tem Fuller led the
Pledge of Allegiance.
C. CEREMONIAL ITEMS
There were no Ceremonial items on this agenda.
D. REPORT ON STUDY SESSION ITEMS
Council Member Robinson stated presentations were made regarding the following
topics:
Annual Code Enforcement Report
Conceptual Plan for Aquatic Facility
Sports Tourism in Farmers Branch
Preliminary update from metrostudy on a residential neighborhood analysis
Report from Victoria Harrison relating to concerns regarding the LBJ expansion
project
E. ITEMS OF COMMUNITY INTEREST
Council Member Reyes reported the Branch Forum will host a legislative update with
Representative Bennett Ratliff to be held at the Four Corners on August 21, 2013 at
6:30 p.m.
Im" Topics presented for the City Manager's Report included:
-First City Council Meeting in October - rescheduled for Wednesday, October 2 to
allow observance of National Night Out
- Health & Wellness Expo - will be held on Saturday, September 14 at the Community
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City Council Meeting Minutes - Final August 20, 2013
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Recreation Center, admission is free and will feature a variety of health screenings,
nutrition information, blood drive, and more
- Dallas BOPA Truck - Farmers Branch residents can drop off certain household
chemicals at a collection truck in Dallas, the first event is scheduled for Saturday,
August 24 at Southwest Center Mall in Dallas
-Labor Day City Closings - most City offices will be closed on Monday, September 2;
the Community Recreation Center and Historical Park will both be open from 8:00
a.m. until 5:00 p.m., there will be no garbage collection
F. CITIZEN COMMENTS
No one wished to speak.
G. CONSENT AGENDA
Approval of the Consent Agenda
A motion was made by Deputy Mayor Pro Tern Connally, seconded by Mayor
Pro Tern Fuller, to approve Consent Agenda Items GA and G.2. 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
August 6, 2013 and take appropriate action.
The Minutes were approved.
G.2 Consider approving Resolution No. 2013 -050 accepting
reimbursement grant funding in the amount of $30,143 from the
Texas Events Trust Fund and take appropriate action.
This Resolution was approved.
H. PUBLIC HEARINGS
H.1 Conduct a public hearing and consider adopting a 57.31 -cent
property tax rate and take appropriate action.
Mayor Glancy opened the public hearing. Mike Harrison, 3706 Ridgeoak Way, stated
his opposition to a tax increase. No one else wished to speak; Mayor Glancy closed
the public hearing.
I. REGULAR AGENDA ITEMS
1.1 Receive a presentation by Luther Bernstein to discuss the single
family rental license fee.
Mr. Bernstein lives at 3466 Courtyard Circle. He reported his concerns regarding the
single family rental license fee.
Jim Olk, Director of Community Services, reported on actual costs of running the
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City Council Meeting Minutes - Final August 20, 2013
program. No action was taken on this item.
1.2 Receive a presentation from the Trinity River Authority related to
the rising cost of wastewater treatment.
Ms. Fiona Allen, Northern Region Manager of the Trinity River Authority, gave a
presentation relating to the rising cost of wastewater treatment.
1.3 Receive an update on repurposing of Farmers Branch Park for
Senior Housing.
An overview and presentation was given by Jeff Blackard and Michael Beasley of
Blackard Global regarding a proposed mixed -use village development.
The following people spoke::
Rick Johnson - 2930 Hariee
Lib Grimmett - 3225 Damascus Way
Nadia Kahn - Roberts - 3562 Cloverdale
Ruben Rendon -13240 Veronica
Jeffrey Rous -12938 Epps Field
John Wells -13521 Heartside Place
Carol Dingman - 13223 Glad Acres
Vernon Smith - 2715 Bay Meadows Circle
Matt Wenthold - 3033 Primrose
Jose Galvez - 2661 Danny Lane
Tom Bohmier - 14506 Oakmont Drive
Elaine Story -13439 Glenside
Judy Byrd - 2980 Eric
Bif Harris - 14610 Cypress Point
Priscilla Mowinkel - 3336 Dorado Beach
1.4 Consider adopting Ordinance No. 3241 ordering a special
election to be held on November 5, 2013 on the proposed sale
and redevelopment of Farmers Branch Park, and to authorize the
execution of a joint election services contract with the Dallas
County Elections Administrator and take appropriate action.
A motion was made by Council Member Froehlich, seconded by Council
Member Robinson, that this Ordinance be adopted. Motion failed with the
following vote:
Ayes - Robinson, Froehlich
Nos - Reyes, Fuller, Connally
A motion was made by Council Member Reyes, seconded by Deputy Mayor Pro
Tern Connally, to table this issue for further study. Motion passed with all
ayes.
1.5 Consider adopting Ordinance No. 3240 ordering a special
election to be held on November 5, 2013 to amend the City's
Home Rule Charter, and to authorize the execution of a joint
election services contract with the Dallas County Elections
e� Administrator and take appropriate ro mate action.
A motion was made by Council Member Robinson, seconded by Council
Member Froehlich, that this Ordinance be adopted. The motion carried by the
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following vote:
Aye: 5 - Mayor Pro Tern Fuller, Deputy Mayor Pro Tern Connally, Council Member
Robinson, Council Member Froehlich and Council Member Reyes
1.6 Receive public input and discuss whether to appeal the en bane
decision in the 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, and take appropriate action.
The following people spoke:
Becky Fischer -13935 Stardust
Jennifer Maddux - 2921 Ermine Way
Bobbie Ligon - 2948 Sinbad Trail
Evert Franklund - 13723 Janwood
Barbara Russell -12427 Veronica
Robin Bernier -13830 Heartside Place
Tom Bohmier -14506 Oakmont Drive
Mike Del Valle - 3161 Whitemarsh
Rene Alzuro - 3105 Brincrest Drive
Lib Grimmett - 3225 Damascus Way
Steven Morrison - 14608 Cherry Hills
Bill Capener - 2755 Mark Twain
Tom Mayfield - 1805 Glengarry Drive, Carrollton, Tx
Rick Johnson - 2930 Harlee
John Gorena - 417 Creekwood Lane, Lewisville, TX
Betty Supinski -13232 Kerr Trail
Priscilla Mowinkel - 3336 Dorado Beach
Carol Dingman -13223 Glad Acres
Jose Galvez - 2661 Danny Lane
After some discussion, Mayor Pro Tern Fuller asked Attorney Michael Jung if he
would be willing to take the case to the Supreme Court at no cost to the City. Mr.
Jung stated yes.
Mayor Glancy read the Executive Session Agenda Item J.1. The City Council took a
recess at 9:38 p.m.
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.
J. EXECUTIVE SESSION
The City Council convened into Executive Session at 9:43 p.m.
0=4 J.1 Discuss pending and contemplated litigation - Texas Government
Code 551.071:
Consultation with City Attorney regarding whether to appeal the
en bane decision in the case styled Villas at Parkside Partners,
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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 concluded Executive Session at 9:50 p.m.
K. THE CITY COUNCIL RECONVENES INTO OPEN SESSION
Consider necessary action on items discussed in the Executive Session.
mvlllzifli�
The City Council reconvened into Open Session at 9:51 p.m.
The following motion was made relating to Agenda Item J.1:
A motion was made by Council Member Robinson, seconded by Council Member
Froehlich, to appeal the en bane decision in the case styled Villas at Parkside
Partners, doing business as Villas at Parkside, et. al. v. City of Farmers Branch,
Texas. The motion passed with the following vote:
Ayes - Froehlich, Robinson, Fuller
Nos - Reyes, Connally
A motion was made by Council Member Robinson, seconded by Council
Member Froehlich, that this meeting be adjourned. 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
The meeting adjourned at 9:53 p.m.
William P. Glancy, Mayor"
ATTEST:
Angela Kel ly bity Secretary
City of Farnters Branch Page 6