2011-01-18 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, January 18, 2011
Regular Meeting
6:00 P.M.
The following members of the Council were present:
Mayor Pro Tern Harold Froehlich
Deputy Mayor Pro Tern Michelle Holmes
Council members Tim Scott
David Koch
Ben Robinson
The following member of the Council was absent:
Mayor Tim O'Hare
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 Pete Smith
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Interim Fire Chief Ronnie Inman
Director of Equipment Services Kevin Muenchow
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Ben Robinson gave the invocation and Councilman David Koch led the
pledge of allegiance.
B.2 RECOGNITION OF STUDENTS FROM PARISH EPISCOPAL SCHOOL FOR THEIR
STATE CHAMPIONSHIP IN FOOTBALL, SWIMMING AND TENNIS.
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Deputy Mayor Pro Tern Harold Froehlich presented certificates to the Parish Episcopal
School athletes for the State Championship in football, swimming and tennis.
B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Councilman Koch, a second by Councilman Ben Robinson, all voting "aye",
reappointed Clyde James and Ross Bumpass to the Zoning Board of Adjustment and
Building Code Board of Appeals.
A motion by Councilman Koch, a second by Councilman Scott, all voting "aye",
reappointed Dr. Gerald Pendery to Animal Shelter Advisory Commission, reappointed
Marjorie Cutler, Clare Connally, Angie Mayo, Jamie Jewell and Beth Wood to the
Historical Preservation and Restoration Board, and reappointed RL Lemke to the
Valwood Improvement Authority.
B.4 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief overview of items discussed in the Study Session.
B.5 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.
Councilman Tim Scott announced that Mayor O'Hare and his wife Christen became
parents today of a healthy baby girl named Katherine Grace O'Hare.
City Manager Gary Greer gave the City Manager's report.
Deputy Mayor Pro Tern Froehlich 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 paced 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 Councilwoman Holmes, a second by Councilman Robinson, all voting
"aye", approved the Consent Agenda as submitted.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 4,
2011.
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C.2 ADOPTED ORDINANCE NO. 3120 ABANDONING A PARTIAL FIRE LANE
EASEMENT RELATIVE TO PART OF LOT 1, BLOCK A OF THE PARISH
EPISCOPAL SCHOOL AND TAKE APPROPRIATE ACTION
ORDINANCE NO. 3120
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
ABANDONING A PORTION OF A FIRE LANE EASEMENT
LOCATED IN THE PARISH EPISCOPAL SCHOOL, AN ADDITION
TO THE CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXAS,
AND MORE FULLY DESCRIBED IN EXHIBIT "A", HERETO;
PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF
THIS ORDINANCE FOR RECORDING IN THE OFFICIAL PUBLIC
RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM
DEED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
C.3 ADOPTED RESOLUTION NO. 2011-003 RENEWING THE CONTRACT FOR
THE 2011 ANNUAL PAVEMENT SECTION REPAIR PROJECT TO
LAUGHLY BRIDGE AND CONSTRUCTION.
E.1 CONSIDER ADOPTING RESOLUTION NO. 2011-005 ADOPTING THE
COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2010 AS SUBMITTED BY GRANT THORNTON, LLP,
AND TAKE APPROPRIATE ACTION.
Charles Cox, Director of Finance, explained the City Charter requires a complete report
on the finances and administrative activities of the City for the preceding year by an
independent Certified Public Accountant and that such report be prepared and submitted
to the City Council within 120 days of the end of the fiscal year. The audit for the year
ended September 30, 2010 was prepared and submitted to the City Council on January
14, 2011 in compliance with the City Charter provisions. The City Charter also requires
a City Manager's report within 90 days after audit report submission outlining actions to
be taken on any auditor recommendations. No Report to Management was issued for the
fiscal year ended September 30, 2010 as no material weaknesses in internal accounting
controls were identified.
Mr. Ben Kohnle, Grant Thornton, gave a brief presentation on the audit.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
adopted Resolution No. 2011-005 adopting the Comprehensive Annual Financial Report.
E.2 CONSIDER APPROVAL OF ORDINANCE NO. 3118 AMENDING SECTIONS 56-25,
56-44 AND 56-46 OF THE CODE OF ORDINANCES RELATIVE TO MINIMUM
CRITERIA FOR SINGLE FAMILY PROPERTIES TO BE BROUGHT BEFORE THE
BUILDING AND STANDARDS COMMISSION AND ESTABLISHING THE
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BUILDING AND STANDARDS COMMISSION AS AN APPEALS BODY AND
TAKE APPROPRIATE ACTION.
Jim Olk, Building Official, explained in September 2010, the City Council adopted
Ordinance No. 3090 which established the Building and Standards Commission and
included the requirement that owners of apartment complexes achieve habitability scores
exceeding 100 or appear before the Commission. During discussions related to
Ordinance No. 3090 City Council expressed concerns regarding the purview of the
Building and Standards Commission relative to single family residential properties. Staff
was subsequently directed to develop criteria that would make clear when the Building
and Standards Commission would be used to address property maintenance issues
associated with single family attached and single family detached properties. Ordinance
No. 3118 has been prepared to establish such criteria.
Councilman Robinson gave his concerns regarding this ordinance which included items
such as the fines may become unreasonable, some abuse could occur, in favor of less
regulations and not more. He also explained he would support this ordinance if it was
written more towards the offenders.
Councilman Koch stated only repeat offenders would be affected by this ordinance.
Charlie Bird, 14635 Tanglewood, stated he had served on the Zoning Board of
Adjustment and Building Code Board of Appeals and felt this new board was not needed.
He would like to see the community come together and help anyone who has a code
violation that could not make the repairs because of physical limitations or because of the
cost.
After a lengthy discussion, a motion by Councilman Koch, a second by Councilwoman
Holmes, with Koch, Holmes and Scott voting "aye", and Councilman Robinson voting
"nay" adopted Ordinance No. 3118, amending Sections 56-25, 56-44 ad 56-46 of the
Code of Ordinances. The motion passed by a 3 to 1 vote.
ORDINANCE NO. 3118
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 56
"PROPERTY MAINTENANCE," ARTICLE 11 "HEALTH AND SAFETY
REQUIREMENTS" BY AMENDING DIVISION 1 "GENERALLY," SECTION
56-25 AND DIVISION 2, SECTION 56-44 AND 56-46 TO ESTABLISH THE
BUILDING AND STANDARDS COMMISSION AS THE BODY TO HEAR
CASES AND APPEALS REGARDING THE ENFORCEMENT OF HEALTH
AND SAFETY ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
E.3 CONSIDER ADOPTION OF ORDINANCE NO. 3121 REPEALING ORDINANCE
NO. 3055 AND AMENDING THE CODE OF ORDINANCES CHAPTER 30
"EMERGENCY SERVICES," ARTICLE I "IN GENERAL," BY REMOVING
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SECTION 30-1 "MOTOR VEHICLE ACCIDENT CLEANUP FEE," AND TAKE
APPROPRIATE ACTION.
Charles Cox, Director of Finance, explained Ordinance No. 3055 was passed on
September 15, 2009 and became effective on October 1, 2009. The purpose of this
ordinance was to establish a motor vehicle accident cleanup fee to be charged to at-fault
drivers that do not reside in the City of Farmers Branch for expending City resources to
clean up after motor vehicle accidents.
During the first twelve months of this program, 60 accidents were billed for a total
$29,420 or an average $490 per accident. The total amount collected was $11,167 for a
collection rate of 38%. The relatively low average cost per accident makes it cost
prohibitive to pursue legal action against the individuals assessed the cost. The program
is labor intensive requiring police officers in the field to inventory and itemize equipment
used and items cleaned up. Additional hours are necessary to verify billing addresses,
determine residency status, bill, and provide justification to insurance companies which,
to this point, have not paid these fees. The City estimates that annual personnel costs to
administer the program total $8,500.
A motion by Councilman Scott, a second by Mayor Pro Tem Froehlich, all voting "aye",
adopted Ordinance No. 3121 repealing Ordinance No. 3055 and amending the Code of
Ordinances to remove Chapter 30 "Emergency Services," Article I "In General," Section
30-1 "Motor Vehicle Accident Cleanup Fee."
ORDINANCE NO. 3121
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES BY REPEALING SECTION 30-1
"MOTOR VEHICLE ACCIDENT CLEANUP FEE;" PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
DEPUTY MAYOR PRO TEM FROEHLICH ANNOUNCED THAT THE ITEMS ON THE
AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE 4:00 P.M.
WORK SESSION. DEPUTY MAYOR PRO TEM FROEHLICH EXPLAINED THE CITY
COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:27 P.M., AND CONCLUDED
AT 5:55 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.
F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION
551.072.
Discuss the purchase, sale, lease, exchange or value of real property being: (a)
specifically, 6.62 acres tract of land, more or less, out of the Thomas Keenan
Survey, Abt. No. 733, Dallas County, Texas, generally located in the area of the
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DART Rail Station and (b) in the area generally bounded by Midway Road,
Valwood Parkway and Belt Line Road, I-635 and Denton Drive.
Mayor Pro Tern Froehlich explained Council was updated on this item in executive
session.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor Pro Tern Froehlich stated no action was necessary in executive session.
G.2 ADJOURNMENT.
The Ci Council meeti of January 18, 2011 was adjourned at 7: p.m.
De uty Mayor Pro Tem Harold Froehlich Cindee Peters, City Secretary
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