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2010-09-21 CC Minutes City of Farmers Branch City Council Meeting Agenda City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 21, 2010 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Tim O'Hare Mayor Pro Tem Harold Froehlich Deputy Mayor Pro Tem Michelle Holmes Council members Tim Scott Ben Robinson David Koch The following members of the Administration were present: City Manager Gary Greer Assistant City Manager Shanna Sims-Bradish Assistant City Manager Matt Benoit City Attorney Pete Smith City Secretary Cindee Peters Finance Director Charles Cox Director of Parks and Rec. Jeff Fuller City Engineer Jerry Murawski Library Director Danita Barber Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Human Resources Director Kathy Shields Police Chief Sid Fuller Fire Chief Kyle King Director of Equipment Services Kevin Muenchow B.I INVOCATION AND PLEDGE OF ALLEGIANCE. City Manager Gary Greer gave the invocation and Mayor Pro Tem. Froehlich led the Pledge of Allegiance. B.2 PRESENTATION OF SERVICE AWARD - TIM WEBB - FINANCE DEPARTMENT - 5 YEARS. Volume 103, page 122 Mayor O'Hare presented Tim Webb of the Finance Department with five-year employee service award. B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. 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. A motion by Councilwoman Holmes, a second by Councilman Koch, all voting "aye", appointed Erik Radle to the Business Community Relations Board. A motion by Mayor Pro Tern Froehlich, a second by Councilman Robinson, all voting "aye", appointed Brent Webb to the Carrollton-Farmers Branch ISD District Improvement Council. B.4 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief overview of items discussed in 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. Mayor O'Hare reminded everyone that the next Council meeting would be on Monday, October 4, 2010, because National Night Out is on October 5, 2010. City Manager Gary Greer gave the City Manager's Report. Police Chief Sid Fuller reminded everyone of the blood drive on Thursday, September 23rd, between the Police Department and Fire Department. 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 Councilwoman Holmes, a second by Councilman Koch, all voting "aye", approved the consent agenda as submitted. Volume 103, page 123 C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 7, 2010 AND THE SENIOR TOWN HALL MEETING OF SEPTEMBER 9, 2010. C.2 ADOPTED ORDINANCE NO. 3101 APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION, THAT ADOPTS NEW NATURAL GAS RATES FOR THE CITY OF FARMERS BRANCH. ORDINANCE NO. 3101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID- TEX" OR "COMPANY") REGARDING THE COMPANY'S THIRD RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS MID- TEX'S PROOF OF REVENUES; EXTENDING THE RRM PROCESS FOR TWO CYCLES AND ADOPTING A NEW RRM TARIFF; RATIFYING THE SETTLEMENT AGREEMENT, INCLUDING COST RECOVERY FOR A STEEL SERVICE LINE REPLACEMENT PROGRAM; REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR an EFFECTIVE DATE. C.3 ADOPTED RESOLUTION NO. 2010-062 APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS THAT PROVIDES A LICENSE TO DALLAS TO INSTALL A 72" WATER LINE WITHIN MERCER PARKWAY AND A LICENSE TO FARMERS BRANCH TO CONSTRUCT MERCER PARKWAY ACROSS THE BURLINGTON NORTHERN RAILROAD. CA ADOPTED ORDINANCE NO. 3087 RELATING TO THE APPOINTMENT AND COMPENSATION OF THE MUNICIPAL COURT JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES. ORDINANCE NO. 3087 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RELATING TO THE APPOINTMENT AND COMPENSATION OF Volume 103, page 124 THE MUNICIPAL COURT JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES FOR THE CITY OF FARMERS BRANCH, TEXAS. C.5 ADOPTED ORDINANCE NO. 3099 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82-95, AMENDING NO PARKING ZONES ON PORTIONS OF SPRING VALLEY LANE, DIPLOMAT DRIVE, RICHLAND AVENUE AND KERR TRAIL. ORDINANCE NO. 3099 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 82 "TRAFFIC AND VEHICLES", ARTICLE II "OPERATION OF VEHICLES", DIVISION 6 "PARKING", SECTION 82-95 "NO PARKING ZONES", BY ESTABLISHING NEW NO PARKING ZONES ON PORTIONS OF DIPLOMAT DRIVE, KERR TRAIL, RICHLAND AVENUE, AND SPRING VALLEY LANE; CONTAINING A SAVINGS CLAUSE; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED $200; AND PROVIDING AN EFFECTIVE DATE. D.1 PUBLIC HEARING: 2010-2011 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Mr. Charles Cox, Director of Finance, explained a public hearing is being held to consider the 2010-11 operating and capital improvement program budget. The proposed budget was filed with the City Secretary on July 30, 2010 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library, the Farmers Branch Police Department and on the City's website. Mayor O'Hare opened the public hearing on the proposed budget. Mr. Erik Radle, 3162 Spur, stated he was for privatization of Library and was in favor of looking at ways to cut the budget. Mr. Marshall Ashby, Bonham, Texas, had several questions concerning employee benefits that may possible change with the adoption of this budget. Mr. J. J. Long, 12212 Ridgefair Place, stated he was in favor of the City Council raising taxes and charging for garbage pickup rather than changing any employee benefits. Ms. Renee Junkin-Luck, 3839 Ridgeoak, stated she would also like to see no changes in the employee benefits. Mr. Don Smith, expressed his vote in favor of the employees because of the wonderful job they do for the citizens of Farmers Branch. Volume 103, page 125 Ms. Lib Grimmett, 3225 Damascus, stated she would like to see employee benefits reduced like the private sector has had to endure. Mr. Clay Russell, 2976 Marsann, stated he was also in favor of reducing employee benefits. Mr. Sam Aceves, 14106 Birchlawn, stated he loves the Council but Farmers Branch needs to make more cuts in the budget. A motion by Councilman Koch, a second by Councilman Robinson, all voting "aye", closed the public hearing. E.l CONSIDER ADOPTING ORDINANCE NO. 3093 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2009-10 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained Ordinance No. 3093 amends the 2009-10 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. A motion by Mayor Pro Tern Froehlich, a second by Councilman Scott, all voting "aye" adopted the following captioned Ordinance No. 3093 amending the 2009-10 fiscal year budget. ORDINANCE NO. 3093 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2009-10 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. E.2 CONSIDER ADOPTING RESOLUTION NO. 2010-060 TO ADOPT THE CITY'S INVESTMENT POLICY AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained The Texas Public Funds Investment Act and the City's Investment Policy require an annual review by the City Council of the investment strategies and policies of the City. The City's existing policy has provided excellent guidance to staff and has been used as a model policy for other government entities. Additionally, the Investment Policy has been recognized with a Certification of Excellence Award by the Municipal Treasurers' Association of the United States and Canada. A motion by Councilman Scott, a second by Councilwoman Holmes, all voting "aye", adopted Resolution No. 2010-060 adopting the City's investment policy. E.3 CONSIDER ADOPTING ORDINANCE NO. 3094 APPROVING THE 2010 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Volume 103, page 126 Charles Cox, Director of Finance, explained proposed Ordinance No. 3094 approves the 2010 tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions for residential and commercial real property and business personal property in the City of Farmers Branch at $3,769,497,341 (three billion, seven hundred sixty-nine million, four hundred ninety-seven thousand, three hundred forty-one dollars). This amount includes new construction, but excludes properties still under protest. This represents a $358,777,995 decrease (approximately an 8.69% decrease) in taxable value from the July 22, 2009 certified tax roll. A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye", adopted the following captioned Ordinance No. 3094 approving the tax roll. ORDINANCE NO. 3094 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2010 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. EA CONSIDER ADOPTING ORDINANCE NO. 3103 AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 2-438 "DR PEPPER STARCENTER VIEW POINT USE FEES" SETTING USE FEES FOR VIEW POINT ROOM AT THE DR PEPPER STARCENTER, ADDING SECTION 44-41 "DAMAGED AND LOST LIBRARY MATERIALS AND OTHER CHARGES" AUTHORIZING FEES FOR DAMAGED OR LOST LIBRARY MATERIALS AND OTHER LIBRARY SERVICES, AND AMENDING APPENDIX A "FEE SCHEDULE" BY ADOPTING AND/OR AMENDING VARIOUS LIBRARY FEES AND PARK AND RECREATION FACILITY USE AND PROGRAM FEES AND TAKE APPROPRIATE ACTION. Shanna Sims-Bradish, Assistant City Manager, stated in order for the current schedule of Library, Parks and Recreation Department and Economic Development and Tourism fees to be included or amended in the Farmers Branch Code of Ordinances, it is necessary that Council adopt these fees by ordinance. A motion by Councilman Koch, a second by Mayor Pro Tem Froehlich, all voting "aye", adopted the following captioned Ordinance No. 3103 amending Appendix A, "Fee Schedule," of the Farmers Branch Code of Ordinances as recommended by City Administration. ORDINANCE NO. 3103 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 2 "MISCELLANEOUS FEES" BY ADDING A NEW SECTION 2-438 "DR PEPPER STARCENTER VIEW POINT USE FEES" WITH RESPECT TO CERTAIN FEES FOR USE OF THE STARCENTER; BY AMENDING CHAPTER 44 "LIBRARY," ARTICLE II "PUBLIC LIBRARY," BY ADDING A NEW SECTION 44-41 "DAMAGED OR LOST LIBRARY MATERIALS AND OTHER CHARGES" Volume 103, page 127 AUTHORIZING ESTABLISHMENT OF FEES AND CHARGES FOR DAMAGED OR LOST LIBRARY MATERIALS AND OTHER LIBRARY SERVICES; BY AMENDING APPENDIX A "FEE SCHEDULE" WITH RESPECT TO CERTAIN FEES AUTHORIZED PURSUANT TO CHAPTER 44 "LIBRARY" AND SECTION 50-41 "PARKS AND RECREATION USER FEES"; CONTAINING A SAVINGS CLAUSE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE; AND ORDERING PUBLICATION E.5 CONSIDER ADOPTING ORDINANCE NO. 3095 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2010-11 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, explained on July 30, 2010, the proposed 2010-11 fiscal year operating and capital budget was delivered to the City Council and copies were delivered to the Farmers Branch Manske Library and the Farmers Branch Police Department. A copy of the budget was also placed on the City's Website for review. The proposed budget was discussed with City Council during the August council meetings and citizen comments were requested at a public hearing held earlier this evening. The City Council spoke at length on the proposed budget. Councilwoman Holmes made a motion to adopt Ordinance No. 3095 approving the 2010- 11 budget. The motion died for a lack of a second. A motion by Councilman Scott, a second by Mayor Pro Tem Froehlich, to approve the proposed budget with an amendment to reduce from the general fund the personal services and benefits section by $379,000. Councilman Scott and Froehlich voting "aye", and Robinson, Holmes, and Koch voting "nay". The motion failed with a 2 to 3 vote. Councilman Robinson made a motion to reduce the proposed budget from the general fund $680,000 from personal services and benefits and reduce activities by $100,000 and the total balance be allocated to the City's legal expense fund, The motion died for lack of a second. A motion by Mayor O'Hare, a second by Mayor Pro Tern Froehlich, to adopt the proposed budget with the following amendments, reduce the personal services budget by $680,000 and $300,000 of that be redirected to the legal expense fund, and the remaining $380,000 directed toward keeping this tax rate the same with no increase, with Harold and Scott, voting "aye", and Koch, Robinson and Holmes voting "nay". The motion failed with a 2 to 3 vote. A motion by Councilman Koch, a second by Councilman Robinson, to adopt the proposed budget with the following amendments, reduce the personal services budget by $340,000 and the special events budget by $150,000, which would keep the proposed tax Volume 103, page 128 increase with Koch, Robinson and Holmes voting "aye", with Froehlich and Scott voting "nay". The motion passed with a 3 to 2 vote. ORDINANCE NO. 3095 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30,2011; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENT OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. E.6 CONSIDER ADOPTING ORDINANCE NO. 3096 TO LEVY THE TAX RATE FOR 2010-11 AND TAKE APPROPRIATE ACTION. Charles Cox, Director of Finance, stated Ordinance No. 3096 sets the tax rate for the 2010 tax year at $0.5295 per $100 of assessed value on residential and commercial real property and business personal property within the city. This represents a one cent increase from the previous tax year. This increase is entirely due to the debt service associated with newly issued general obligations related to the relocation of Fire Station No. 1. The City of Farmers Branch has one of the lowest tax rates in Dallas County. A motion by Councilman Robinson, a second by Councilman Koch to adopt Ordinance No. 3096, with Robinson, Koch and Holmes voting "aye", and Froehlich and Scott voting "nay". The motion carried by a 3 to 2 vote. ORDINANCE NO. 3096 AN ORDINANCE OF THE CITY OF FARMERS BRANCH LEVYING THE AD VALOREM TAXES FOR THE YEAR 2010 (Fiscal Year 2010-2011) AT A RATE OF $0.5295 PER ONE HUNDRED DOLLARS ($100) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF FARMERS BRANCH AS OF JANUARY 1, 2010; TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES; PROVIDING FOR AN INTEREST AND SINKING FUND FOR ALL OUTSTANDING DEBT OF THE CITY OF FARMERS BRANCH; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. E.7 CONSIDER BAND SELECTION FOR THE 2011 LIBERTY FEST AND TAKE APPROPRIATE ACTION. Jeff Fuller, Director of Parks & Recreation, explained selection of concert entertainment for Liberty Fest 2011 is needed in order to secure sponsorships and begin marketing and promotional activities. A listing of artists is included for City Council review. The Liberty Fest budget for entertainment is $110,000. Volume 103, page 129 Also for consideration are the dates for Liberty Fest 2011. Three options are available: 1) hold the event on Saturday, May 28, 2011; 2) hold the event on Friday, May 27 and Saturday, May 28, 2011; or 3) hold the event on Saturday, May 28 and Sunday, May 29, 2011. Councilman Robinson made a motion to have only a one day event on Saturday, May 27th. The motion failed due to lack of a second. A motion by Councilman Scott, a second by Mayor Pro Tem Froehlich, all voting "aye" to hold a two day event on Friday, May 27t and Saturday, May 28th. A motion by Councilman Scott, a second by Mayor Pro Tern Froehlich, to pursue .38 Special on Friday Night and Bowling for Soup and Rick Springfield on Saturday night, with Scott, Froehlich, Koch, and Robinson voting "aye", and Holmes voting "nay". The motion passed by a 4 to 1 vote. E.8 CONSIDER ADOPTING ORDINANCE NO. 3090, ESTABLISHING A BUILDING AND STANDARDS COMMISSION FOR THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Michael Spicer, Director of Community Services, in August 2009 the City Council adopted Ordinance No. 3038 establishing a rating system that assigns a numerical "Habitability Score" to apartment complexes based on the results of its annual or semi- annual inspection. Should a Habitability Score exceed 300, the entire apartment complex is deemed substandard and subjected to an order for repair or demolition. All twenty apartment complexes in the city have since been inspected and although multiple apartment complexes have continued to exhibit declining physical conditions, none has been declared substandard. Although Ordinance No. 3038 provided the means to compel repair or demolition of substandard apartment complexes, it did not provide for the assessment of civil penalties or "fines" that might provide stronger incentives for better compliance with life, health and safety codes Proposed Ordinance No. 3090 has been prepared to supplement Ordinance No. 3038 by providing for the creation of a Building and Standards Commission that would possess broad authority to order correction or removal of any substandard conditions, as well as the power to impose civil penalties. Owners of apartment complexes achieving a Habitability Score exceeding 100, but less than 300, would be required to appear before the Building Standards Commission at a public hearing where the Commission would have the latitude to determine whether repairs should be made or civil penalties be assessed or both. Councilman Robinson made a motion to approve Ordinance No. 3090 establishing a Building and Standards Commission with the condition that criteria be brought back for Council to approve regarding single family homes under this ordinance. The motion failed for lack of a second. Volume 103, page 130 A motion by Councilman Koch, a second by Councilwoman Holmes, to approve the following captioned Ordinance No. 3090 as submitted, with Koch, Holmes, Scott, and Froehlich voting "aye", and Robinson voting "nay". The motion passed with a 4 to 1 vote. ORDINANCE NO. 3090 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 22 "BUILDING AND BUILDING STANDARDS," ARTICLE IX "MINIMUM HOUSING STANDARDS" BY ADDING DIVISION 5 "BUILDING AND STANDARDS COMMISSION" ESTABLISHING A BUILDING AND STANDARDS COMMISSION FOR 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. 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 5:31 P.M. AND THEN RECESSED AT 5:55 P.M. FOR THE GENERAL SESSION AND THEN RECONVENED AT 8:26 P.M. AND CONCLUDED AT 10:33 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. F.1 Discuss personnel matters - Texas Government Code Section 551.074. Conduct City Manager annual review. Mayor O'Hare explained the City Council conducted the City Manager's annual review. G.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare called for necessary action on the item discussed in Executive Session. A motion by Mayor O'Hare, a second by Councilman Scott, with Holmes, Scott, Koch, and Robinson voting "aye", and Froehlich voting "nay", added two years to the City Manager's contract, and corrected a typographical error in Section IV(B) of the agreement (change "the" to "no") and change 2015 to 2013 in Section IV (A) on the Stn year. The motion carried with a 4 to 1 vote. G.2 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Koch, all voting "aye", adjourned the City Council meeting of September 21, 2010 at 10:35 p.m. Volume 103, page 131 y Tim O'Hare, Mayor Cindee Peters, City Secretary Volume 103, page 132