City Council
Regular MeetingFarmers Branch, TX · November 18, 2014
Minutes
Farmers Branch City Hall
City of Farmers Branch 13000 Wm Dodson
Farmers Branch, TX 75234
Meeting Minutes - Final
City Council
Tuesday, November 18, 2014 6:00 PM Council Chambers
Study Session Meeting held at 4:00 PM in the Study Session Room
A. STUDY SESSION
Mayor Phelps called the Study Session meeting to order at 4:01 pm.
Presiding: 1 - Mayor Bob Phelps
Present: 5 - Deputy Mayor Pro Tem Kirk Connally, Council Member Ben Robinson,
Council Member Harold Froehlich, Council Member Ana Reyes and Mayor
Pro Tem Jeff Fuller
Staff: 20 - Gary D. Greer City Manager, John Land Managing Director - Operations,
Peter G. Smith City Attorney, Tom Bryson Communications Director,
Allison Cook Economic Development Manager, Tim Dedear Deputy Chief,
Shawna Eikenberry Management Analyst, Sidney Fuller Police Chief, Andy
Gillies Director of Planning, Jeff Harting Parks & Recreation Director,
Rachael Johnson Assistant to the City Manager, Kevin Muenchow Fleet &
Facilities Director, Jim Olk Community Services Director, Wimberly Phillips
Recreation Superintendent, Steve Parker Fire Chief, Randy Walhood
Public Works Director, Shane Davis Solid Waste Administrator, Miklos
Valdez Aquatics Manager, Angela Kelly City Secretary and LaJeana
Thomas Administrative Assistant
A.1 Discuss regular City Council meeting agenda items.
No items were discussed.
A.2 Receive an update on the current construction progress of the
Farmers Branch Aquatics Center.
Miklos Valdez, Aquatics Manager, presented an update on the progress of the new
Aquatics Center. Membership packages will go on sale December 1. Target
opening date for the indoor facility is Spring, 2015, with the outdoor facility targeting
May, 2015.
Mayor Phelps read the agenda for Executive Session items J.1 and J.2 and reported
the City Council would take a 10 minute break and then convene for Executive
Session.
The Study Session Meeting ended at 4:15 pm.
J. EXECUTIVE SESSION
The City Council convened into Executive Session at 4:23 pm.
City of Farmers Branch Page 1
City Council Meeting Minutes - Final November 18, 2014
J.1 Discuss pending and contemplated litigation - Texas Government
Code Section 551.071:
Consultation with the City’s attorneys regarding contemplated
and pending litigation styled City of Lewisville v. City of Farmers
Branch, et. Al., Case No. 4:12-cv-00782-RAS-DDB, U.S. Dist Court
(E.D. Texas - Sherman Division) and administrative proceedings
relating to the City’s application for Municipal Solid Waste Permit
No. 1312B pending before the Texas Commission on
Environmental Quality; and City of Carrollton v. Texas
Commission on Environmental Quality et al, Cause No.
D-1-GN-14-004356, 353rd Judicial District Court, Travis County,
Texas
J.2 Discuss economic development incentives - Texas Government
Code 551.087:
Discuss amendments to Tax Increment Finance Zone No. 2
Infrastructure Reimbursement Agreement with Mustang Station,
Ltd. relating to economic development incentives and related
conditions and termination of the Economic Development
Agreement with Mustang Station, Ltd.
The City Council concluded Executive Session at 5:26 pm.
K. THE CITY COUNCIL RECONVENES INTO OPEN SESSION
Consider necessary action on items discussed in the Executive Session.
Mayor Phelps called the Regular Session meeting to order at 6:00 pm.
No action was taken regarding Agenda Item J.1.
The following motion was made relating to Agenda Item J.2:
Motion by Council Member Robinson, seconded by Council Member Froehlich, to
adopt Resolution No. 2014-110 authorizing the City Manager to sign an agreement
terminating the Economic Development Agreement with Mustang Station, Ltd., and
other documents related to carrying out the terms of said termination agreement,
including, but not limited to, an amended and restated TIF Zone No. 2 infrastructure
reimbursement agreement; relating to the sale and development of real property
located in Tax Increment Financing Reinvestment Number Two (old Farmers
Branch). Motion carried unanimously.
B. INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Phelps gave the Invocation and Mayor Pro Tem Fuller led the Pledge of
Allegiance.
C. CEREMONIAL ITEMS
C.1 Presentation of a proclamation recognizing the Metroplex Senior
Citizens Softball Association 2014 Champions, the Farmers
Branch Codgers.
City of Farmers Branch Page 2
City Council Meeting Minutes - Final November 18, 2014
Mayor Phelps presented a proclamation to the Farmers Branch Codgers in honor of
their championship.
C.2 Presentation of awards for the Fire Prevention Poster Contest
winners.
Mayor Phelps, Fire Chief Steve Parker, Deputy Chief Tim Dedear, and Fire
Prevention Training Coordinator Wendi Kimpton presented the awards for the
winners of the nineteenth annual Fire Prevention Poster Contest.
C.3 Consider Board and Commission appointments and take
appropriate action.
Motion by Council Member Robinson, seconded by Council Member Reyes,
appointing Michael Rogan as an Alternate to the Zoning Board of
Adjustment/Building Code Board of Appeals; and appointing Rick Medinis to
the Valwood Improvement Authority. Motion passed unanimously.
Motion by Deputy Mayor Pro Tem Connally, seconded by Council Member
Robinson, moving Joe Wallen from his current Alternate position and
appointing him to the regular position on the Senior Advisory Board. Motion
passed unanimously.
D. REPORT ON STUDY SESSION ITEMS
Deputy Mayor Pro Tem Connally reported on the following:
Aquatics Center Update - City Administration gave an update on the progress of the
new Aquatics Center. Membership packages will go on sale December 1. Target
opening date for the indoor facility is Spring, 2015, with the outdoor facility targeting
May, 2015.
E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
Topics for the City Manager's Report included:
Dallas Stars Practice in Farmers Branch - the Dallas Stars will hold their annual open
practice session at the Dr. Pepper StarCenter in Farmers Branch on Thanksgiving
Eve, Wednesday, November 26 at 10:30 am; Norm Hitzges from Sportsradio 1310,
The Ticket, will be broadcasting live; prizes and activities will also be later in the day
as well; the event is free and open to the public
Christmas Tour of Lights - starts on Friday, November 28; there is a new route this
year, going from Valley View, down Denton drive to Farmers Branch Lane and the
Historical Park; highlighting the tour this year will be a synchronized light show in the
Historical Park; the tour will be open every night from November 28 through
December 30 (closed only on December 6 and December 25); the tour is free with
donations accepted by non-profit groups working the tour each night
Thanksgiving Closings - all City offices and facilities will be closed on Thursday,
November 27 in observance of Thanksgiving Day; most will remain closed on Friday,
November 28 with the exception of the Farmers Branch Historical Park and
Community Recreation Center, both open from 8:00 am until 5:00 pm; the Historical
Park will then reopen at 6:30 pm for the opening night of the Christmas Tour of
Lights; there will be no garbage collection on Thursday or Friday of Thanksgiving
weekend and the Citizen Collection Center will be closed
Christmas Tree Lighting - the official lighting of the Farmers Branch tree and a
City of Farmers Branch Page 3
City Council Meeting Minutes - Final November 18, 2014
special fireworks show will be a part of the annual Christmas Tree Lighting event, set
for Saturday, December 6 at the Historical Park; gates open at 6:30 pm with the tree
lighting at 7:00 pm; the night also features a visit from Santa, a snow hill for tubing
and more
F. CITIZEN COMMENTS
The following people spoke:
John Brownlee (3116 Brookhollow) - disappointed to learn Stacy Wright is no longer
with the City; asked that an item be placed on the regular agenda at next council
meeting to discuss how the Farmers Branch Creek resident's concerns will be
handled since Stacy is no longer with the City
Todd Womble (2815 Reedcroft) - on behalf of all creek residents, he asked that an
investigation be led by an independent third party to find out how we got into the
situation relating to Farmers Branch Creek
Council Member Reyes requested the item be placed on the next agenda for the
December 2 City Council meeting.
G. CONSENT AGENDA
Approval of the Consent Agenda
A motion was made by Deputy Mayor Pro Tem Connally, seconded by Council
Member Reyes, to approve items on the Consent Agenda. The motion carried
by the following vote:
Aye: 5- Deputy Mayor Pro Tem Connally, Council Member Robinson, Council
Member Froehlich, Council Member Reyes and Mayor Pro Tem Fuller
G.1 Consider approval of the minutes of the City Council meetings
held on October 30, 2014, and November 4, 2014, and take
appropriate action.
The Minutes were approved.
G.2 Consider adopting Ordinance No. 3313 amending the Code of
Ordinances, Chapter 56, “Property Maintenance,” Article II,
“Health and Safety Requirements”, Division 3, “Standards,”
Section 56-82, “Exterior of Structure,” by amending Subsection (f)
addressing deteriorated roofs and take appropriate action.
This Ordinance was adopted.
G.3 Consider approving Resolution No. 2014-103 authorizing
execution of a Residential Demolition/Rebuild Program Incentive
Agreement for the owner of property located at 3463 Pine Tree
Circle; repealing Resolution No. 2014-092; and take appropriate
action.
This Resolution was approved.
G.4 Consider approving Resolution No. 2014-104 approving an
City of Farmers Branch Page 4
City Council Meeting Minutes - Final November 18, 2014
Interlocal Agreement with the City of Carrollton, the Town of
Addison, the City of Coppell, and North Texas Emergency
Communications Center, Inc. (“NTECC”) regarding the
assignment to and assumption by NTECC of the IXP Consulting
Services Agreement relating to establishment of the NTECC
Communications Center and take appropriate action.
This Resolution was approved.
G.5 Consider approving Resolution No. 2014-106 establishing the
dates and times for City Council regular meetings and study
sessions; repealing Resolution No. 2013-042; and take
appropriate action.
This Resolution was approved.
G.6 Consider approving Resolution No. 2014-107 authorizing the City
Manager to execute Change Order No. 3 to the contract with Felix
Construction Company for the Hutton Lift Station Rehabilitation
project and take appropriate action.
This Resolution was approved.
G.7 Consider approving Resolution No. 2014-108 authorizing
negotiation and execution of agreements with non-profit
organizations to provide services related to business
development, counseling, and social services to city residents
and businesses for fiscal year 2014-2015, and take appropriate
action.
This Resolution was approved.
H. PUBLIC HEARINGS
There were no Public Hearing items on the agenda.
I. REGULAR AGENDA ITEMS
I.1 Consider approving Resolution No. 2014-105 authorizing the
purchase of the annual supply of residential solid waste refuse
sacks from Duro Bag; authorizing the City Manager to exercise
option to purchase such sacks in future years, providing an
effective date, and take appropriate action.
A motion was made by Mayor Pro Tem Fuller, seconded by Council Member
Froehlich, that this Resolution be approved. The motion carried by the
following vote:
Aye: 5- Deputy Mayor Pro Tem Connally, Council Member Robinson, Council
Member Froehlich, Council Member Reyes and Mayor Pro Tem Fuller
City of Farmers Branch Page 5
City Council Meeting Minutes - Final November 18, 2014
I.2 Consider and take action regarding direction to City
Administration to take the necessary action to amend the West
Side Plan of the Comprehensive Plan.
Andy Gillies, Planning Director, reported there has been recent interest from several
residential master developers regarding the possible creation of new single family
residential communities on the West Side, which would require amending the existing
long range land use plan.
The following people spoke:
Phillip Huffines - representing Huffines Communities
Judy Byrd - 2980 Eric Lane
Henry Billingsley - representing Billingsley Company
Pat Canuteson - representing Valwood Improvement Authority
Dave Blair - 3214 Silent Oak
A motion was made by Council Member Robinson, seconded by Council
Member Reyes, to make no amendments to the West Side Plan. The motion
carried by the following vote:
Nay: 1- Council Member Froehlich
Abstain: 1- Mayor Pro Tem Fuller
Aye: 3- Deputy Mayor Pro Tem Connally, Council Member Robinson and Council
Member Reyes
L. ADJOURNMENT
A motion was made by Deputy Mayor Pro Tem Connally, seconded by Mayor
Pro Tem Fuller, that this Meeting be adjourned. The motion carried by the
following vote:
Aye: 5- Deputy Mayor Pro Tem Connally, Council Member Robinson, Council
Member Froehlich, Council Member Reyes and Mayor Pro Tem Fuller
The Meeting adjourned at 8:28 pm.
__________________________________
Jeff Fuller, Mayor Pro Tem
ATTEST:
__________________________________
Angela Kelly, City Secretary
City of Farmers Branch Page 6
Agenda
Farmers Branch City Hall
City of Farmers Branch 13000 Wm Dodson Pkwy
Farmers Branch, TX 75234
Meeting Agenda - Final
City Council
Tuesday, November 18, 2014 6:00 PM Council Chambers
Study Session Meeting to be held at 4:00 PM in the Study Session Room
Hard copies of the full City Council agenda packet are accessible prior to every regularly
scheduled Tuesday Council meeting according to the following locations and schedule:
1) Manske Library on the Saturday prior to the meeting
2) Justice Center on the Friday evening prior to the meeting
3) City Hall on the day of the meeting
Additionally, the agenda packet is available for download from the City’s web site at
www.farmersbranchtx.gov after 10 a.m. on the day of every regularly scheduled City Council
meeting. This download may be accessed from any computer with Internet access, including
computers at the Manske Library and in the lobby of City Hall.
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any agenda item listed herein.
Any individual who wishes to speak on an agenda item should fill out a Registration Form for
Appearance before City Council (located in the back of the Council Chambers) and submit
the completed card to the City Secretary or City Administration prior to the start of the City
Council meeting. Those individuals will be recognized during the meeting at the time the
agenda item is presented.
Any individual who wishes to place an item on a future City Council agenda should fill out a
Request for Future City Council Agenda Item card (also located in the back of the Council
Chambers). Completed cards should be submitted to the City Secretary.
A. STUDY SESSION
A.1 Discuss regular City Council meeting agenda items.
A.2 TMP-0939 Receive an update on the current construction progress of the
Farmers Branch Aquatics Center.
B. INVOCATION & PLEDGE OF ALLEGIANCE
C. CEREMONIAL ITEMS
City of Farmers Branch Page 1 Printed on 11/13/2014
City Council Meeting Agenda - Final November 18, 2014
C.1 TMP-0933 Presentation of a proclamation recognizing the Metroplex Senior
Citizens Softball Association 2014 Champions, the Farmers Branch
Codgers.
C.2 TMP-0901 Presentation of awards for the Fire Prevention Poster Contest
winners.
C.3 TMP-0932 Consider Board and Commission appointments and take
appropriate action.
D. REPORT ON STUDY SESSION ITEMS
E. CITY MANAGER'S REPORT AND 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.
F. CITIZEN COMMENTS
The City Council invites citizens to speak to the City Council on any subject not listed on the
City Council agenda. Any person who desires to address the City Council on such item shall
complete and submit a Citizen Comments Registration Card to the City Secretary or City
Administration prior to the start of the City Council meeting. Those individuals will be
recognized by the Mayor during the meeting at the time the Citizen Comments Section is
reached. When your name is called please approach the speaker's podium in the center of
the Council Chambers, state your name and address for the record, and discuss the specific
subject or topic of interest. Please direct your comments to the Mayor. Each speaker will be
limited to three (3) minutes. Speaker time may not be shared with, or reserved for, other
speakers.
The City Council may not take specific action on any subject raised by a speaker during
Citizen Comments. The City Council may: have the item placed on a future agenda for
action; refer the item to the City Manager and/or staff for further study or action; briefly state
existing City policy; or provide a brief statement of factual information in response to the
inquiry.
G. CONSENT AGENDA
G.1 TMP-0930 Consider approval of the minutes of the City Council meetings held
on October 30, 2014, and November 4, 2014, and take appropriate
action.
City of Farmers Branch Page 2 Printed on 11/13/2014
City Council Meeting Agenda - Final November 18, 2014
G.2 ORD-3313 Consider adopting Ordinance No. 3313 amending the Code of
Ordinances, Chapter 56, “Property Maintenance,” Article II, “Health
and Safety Requirements”, Division 3, “Standards,” Section 56-82,
“Exterior of Structure,” by amending Subsection (f) addressing
deteriorated roofs and take appropriate action.
G.3 R2014-103 Consider approving Resolution No. 2014-103 authorizing execution
of a Residential Demolition/Rebuild Program Incentive Agreement
for the owner of property located at 3463 Pine Tree Circle;
repealing Resolution No. 2014-092; and take appropriate action.
G.4 R2014-104 Consider approving Resolution No. 2014-104 approving an
Interlocal Agreement with the City of Carrollton, the Town of
Addison, the City of Coppell, and North Texas Emergency
Communications Center, Inc. (“NTECC”) regarding the assignment
to and assumption by NTECC of the IXP Consulting Services
Agreement relating to establishment of the NTECC
Communications Center and take appropriate action.
G.5 R2014-106 Consider approving Resolution No. 2014-106 establishing the dates
and times for City Council regular meetings and study sessions;
repealing Resolution No. 2013-042; and take appropriate action.
G.6 R2014-107 Consider approving Resolution No. 2014-107 authorizing the City
Manager to execute Change Order No. 3 to the contract with Felix
Construction Company for the Hutton Lift Station Rehabilitation
project and take appropriate action.
G.7 R2014-108 Consider approving Resolution No. 2014-108 authorizing
negotiation and execution of agreements with non-profit
organizations to provide services related to business development,
counseling, and social services to city residents and businesses
for fiscal year 2014-2015, and take appropriate action.
H. PUBLIC HEARINGS
I. REGULAR AGENDA ITEMS
I.1 R2014-105 Consider approving Resolution No. 2014-105 authorizing the
purchase of the annual supply of residential solid waste refuse
sacks from Duro Bag; authorizing the City Manager to exercise
option to purchase such sacks in future years, providing an
effective date, and take appropriate action.
I.2 TMP-0938 Consider and take action regarding direction to City Administration
to take the necessary action to amend the West Side Plan of the
Comprehenisve Plan.
City of Farmers Branch Page 3 Printed on 11/13/2014
City Council Meeting Agenda - Final November 18, 2014
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.
The City Council may convene into closed Executive Session for any of the Executive
Session items listed below at anytime during the City Council Study Session or the City
Council Regular Meeting.
J. EXECUTIVE SESSION
J.1 TMP-0935 Discuss pending and contemplated litigation - Texas Government
Code Section 551.071:
Consultation with the City’s attorneys regarding contemplated and
pending litigation styled City of Lewisville v. City of Farmers
Branch, et. Al., Case No. 4:12-cv-00782-RAS-DDB, U.S. Dist Court
(E.D. Texas - Sherman Division) and administrative proceedings
relating to the City’s application for Municipal Solid Waste Permit
No. 1312B pending before the Texas Commission on
Environmental Quality; and City of Carrollton v. Texas Commission
on Environmental Quality et al, Cause No. D-1-GN-14-004356, 353rd
Judicial District Court, Travis County, Texas
J.2 TMP-0890 Discuss economic development incentives - Texas Government
Code 551.087:
Discuss amendments to Tax Increment Finance Zone No. 2
Infrastructure Reimbursement Agreement with Mustang Station,
Ltd. relating to economic development incentives and related
conditions and termination of the Economic Development
Agreement with Mustang Station, Ltd.
K. THE CITY COUNCIL RECONVENES INTO OPEN SESSION
Consider necessary action on items discussed in the Executive Session.
L. ADJOURNMENT
Farmers Branch City Hall is wheelchair accessible. Access to the building and special
parking are available at the main entrance facing William Dodson Parkway. Persons with
disabilities planning to attend this meeting who are deaf, hearing impaired or who may need
auxiliary aids such as sign interpreters or large print, are requested to contact the City
Secretary at (972) 919-2503 at least 72 hours prior to the meeting.
Certification
City of Farmers Branch Page 4 Printed on 11/13/2014
City Council Meeting Agenda - Final November 18, 2014
I certify that the above notice of this meeting was posted on the bulletin board at City Hall on
Thursday, November 13, 2014.
_______________________________________
Angela Kelly, City Secretary
City of Farmers Branch Page 5 Printed on 11/13/2014
Get email alerts for Farmers Branch
A daily email when new agendas and minutes are posted.