2013-02-19 CC MinutesCity of Farmers Branch 13000 WmCty l Dodson Pkwy.
% Farmers Branch, TX 75234
Meeting Minutes - Final
B , C1 I City Council
Tuesday, February 19, 2013 6:00 PM Council Chambers
Regular Meeting
Study Session Meeting to be held at 4:00 PM in Study Session Room
A. STUDY SESSION
The Study Session Meeting was called to order by Mayor Glancy at 4:02 p.m. with
the following members of the City Council and City Administration present:
Presiding: 1 - Mayor William P. Glancy
Present: 5 - Mayor Pro Tem David Koch, Deputy Mayor Pro Tenn Tim Scott, Council
Member Ben Robinson, Council Member Harold Froehlich and Council
Member Jeff Fuller
Staff: 16 - Gary Greer, Rachael Johnson, Angie Kelly, Tom Bryson, Charles Cox,
Sidney Fuller, Andy Gillies, Jeff Harting, John Land, Kevin Muenchow, Jim
Olk, Steve Parker, Randy Walhood, Mark Samuels, Texx Stewart and
Derrick Birdsall
A.1 Discuss regular city council meeting agenda items.
F.1 - Council Member Fuller asked if the list of streets generated by the evaluation
and assessment would be prioritized. Randy Walhood, Public Works Director stated
they would be.
A.2 Presentation of Police Traffic Stop Data for Calendar Year 2012 as
required by Texas Code of Criminal Procedure Section 2.132.
Police Chief Fuller presented findings of the 2012 Racial Profiling Analysis.
This Report was presented.
A.3 Discussion of items to be placed on a future city council meeting
agenda (discussion is limited to determination of whether to
place an item on a future city council meeting agenda).
No items were discussed.
During open session Mayor Glancy read the Agenda Items for Executive Session.
The Study Session meeting concluded at 4:15 p.m.
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City Council Meeting Minutes - Final February 19, 2013
EXECUTIVE SESSION
The City Council convened into Executive Session at 4:15 p.m.
1.1 Discuss pending and contemplated litigation - Texas Government
Code Section 551.071:
Pending litigation relating to Fabela, et. al v. City of Farmers
Branch, et. al., Civil Action No. 3:10 -CV- 1425 -D in the US Dist Ct.
for the Northern District of Texas (Dallas Division).
The City Council concluded Executive Session at 5:28 p.m.
J. THE CITY COUNCIL RECONVENES INTO OPEN SESSION
No action was taken as a result of Executive Session.
B. INVOCATION & PLEDGE OF ALLEGIANCE
Dr. Baker gave the Invocation and Council Member Fuller led the Pledge of
Allegiance.
Present: 6 - Mayor William P. Glancy, Mayor Pro Tern David Koch, Deputy Mayor Pro
Tern Tim Scott, Council Member Ben Robinson, Council Member Harold
Froehlich and Council Member Jeff Fuller
C. CEREMONIAL ITEMS
CA Proclaim Healthy Lives 2020 Initiative.
Mayor Glancy presented a proclamation to Maria del Carmen proclaiming the Vidas
Sanas/Healthy Lives 2020 bilangual health initiative.
This Proclamation was presented.
C.2 Presentation of an award from the Miracle League of Frisco as an
official sponsor for tourism event planning and implementation.
Mayor Glancy and Staff Administration were present to receive the award.
This award was presented.
C.3 Recognition of Webb Chapel United Methodist Church for its
place in Farmers Branch History.
Mayor Glancy, Jeff Harting, Director of Parks and Recreation, and Barbara
Sisserson - Honnoll of the Historical Preservation and Restoration Board recognized
the Webb Chapel United Methodist Church as the recipient of the "Witness to
History" award.
This award was presented.
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City Council Meeting Minutes - Final February 19, 2013
D. REPORT ON STUDY SESSION ITEMS
Council Member Robinson reported Police Chief Fuller presented the annual report
on findings of the 2012 Racial Profiling Analysis, which found the City to be fully in
compliance.
E. 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 Glancy asked anyone interested in serving on the Charter Review Committee
to contact the City Secretary.
City Manager Gary Greer presented the City Manager report, which included the
following:
Traffic Alert - two lanes on Josey Lane, between Heritage and Valwood Parkway, will
be closed beginning Monday, February 25 for a water main repair
Basics of Geneaology Class - to be held on Wednesday, February 27 at the Manske
Library
Adult Softball Registration is now open through March 15 for the Spring 2013 Adult
League
Tax Time Assistance - trained volunteers from AARP are available on Tuesdays at
the Senior Center and Manske Library to help residents with their tax questions
Citizen Police Academy - the Spring season will start on March 21; anyone interested
should contact the Police Department
Congratulations to Staff - Pam Smith has been named an honorary Dallas County
Master Gardener for her years of contribution to the field of landscape management
F. CONSENT AGENDA
F.1
A motion was made by Mayor Pro Tern Koch, seconded by Deputy Mayor Pro
Tern Scott, to approve Consent Agenda Items F.1 through F.2. The motion
carried unanimously.
Aye: 5- Mayor Pro Tern Koch, Deputy Mayor Pro Tern Scott, Council Member
Robinson, Council Member Froehlich and Council Member Fuller
Consider approving Resolution No. 2013 -010 authorizing the City
Manager to execute a contract with IMS Infrastructure
Management Services for a comprehensive study of the City's
concrete paved streets and take appropriate action.
A motion was made by Mayor Pro Tern Koch, seconded by Deputy Mayor Pro
Tern Scott, that this Resolution be approved. The motion carried unanimously.
Aye: 5- Mayor Pro Tern Koch, Deputy Mayor Pro Tern Scott, Council Member
Robinson, Council Member Froehlich and Council Member Fuller
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City Council Meeting Minutes - Final February 19, 2013
F.2 Consider approving Resolution No. 2013 -011 awarding the bid for
the Mustang Station Hardscape to BBL Builders, L.P. in an
amount of $324,055.02 and take appropriate action.
A motion was made by Mayor Pro Tern Koch, seconded by Deputy Mayor Pro
Tern Scott, that this Resolution be approved. The motion carried unanimously.
Aye: 5- Mayor Pro Tern Koch, Deputy Mayor Pro Tern Scott, Council Member
Robinson, Council Member Froehlich and Council Member Fuller
G. PUBLIC HEARINGS
There were no Public Hearing items on the agenda.
H. REGULAR AGENDA ITEMS
H.1 Receive an update from LBJ Express on the reconstruction
project.
Due to a scheduling conflict this item was moved to a City Council meeting in March.
This Report was referred to a City Council meeting in March.
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City Council Meeting Minutes - Final February 19, 2013
H.2 Consider adopting Ordinance No. 3215 calling for a bond election
for May 11, 2013 and take appropriate action.
Charles Cox, Director of Finance, reported City Council had directed Staff
Administration to prepare an ordinance calling for a bond election for May 11, 2013.
The following citizens spoke on this item:
Emie Tiller - prefers the issuance of Certificates of Obligation
Melanie tilhike - in favor of Certificates of Obligation
Maxwell George - agrees with the proposal
Brenda Brodrick - is in favor of the project
Joane Abby- Thompson - the area hospital is also interested in using a portion of the
pool for physical therapy; this would be an asset to the city
Katie Roberts - she was involved in the planning of the new aquatic center, which can
be used by many residents, from adults to seniors
Vernon Smith - this is a good idea
Andrea Young - this project has needed to happen for a long time; she prefers issuing
Certificates of Obligation
Mike Hawkins - we will benefit from a new aquatic center
Pat Thompson - currently swims in Addison; supports a new facility
Rick Johnson - in favor of issuing Certificate of Obligation; other area cities have
aquatic facilities, this gives our youth something to do both in the summer & winter,
and it will also bring families into our city
Robert Carmichael - this is an opportunity for the city; supports the issuance of
Certificates of Obligation
Jim Barrett - the existing pool is an antique; economic value would be a benefit to the
residents; prefers issuance of Certificates of Obligation
Clay Russell - in favor of Certificate of Obligation; we need modem amenities to
attract new residents; should have increase in tax revenue due to new developments
Jamie Jewell - in favor of a new aquatic center; prefers Certificates of Obligation over
a bond election
A motion was made by Council Member Fuller, seconded by Deputy Mayor Pro
Tern Scott, that this item be tabled and presented at the next City Council
meeting for the issuance of Certificates of Obligation. The motion carried by
the following vote:
Nay: 1 - Council Member Robinson
Aye: 4 - Mayor Pro Tern Koch, Deputy Mayor Pro Tern Scott, Council Member
Froehlich and Council Member Fuller
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City Council Meeting Minutes - Final February 19, 2013
H.3 Consider adopting Ordinance No. 3218 issuing the election order
for a City Council general election for Place 1 and Place 4 on May
11, 2013 and take appropriate action.
City Attorney Pete Smith reported this ordinance is presented to call for a general
election of City Council members for District 1 and District 4 on May 11, 2013.
Mary Myer - wants to challenge the court regarding the single member districts; if we
don't challenge it opens us up for more litigation
Jim Brockman - urged the City Council not to appeal
Al Solis - against the single member districts
Bill Phelps - there is a high probability of losing if you appeal
Bob Carmichael - he is opposed to appealing
Tom Nollette - supports appealing single member districts; did a study and found
at -large form of government is most used in the US
Catherine Gray - supports appealing single member districts
Luther Bernstein - not in favor of spending more money on appealing
Mike Del Valle - supports appealing the single member districts
Sue Mottinger - not in favor of appealing
Judy Byrd - opposed to appealing; legal fees spent so far would have paid for new
aquatic center
Pat Viveros - asked is we can wait to see how things goes with single member
districts
Brenda Brodrick - presented a petition to Mayor Glancy asking to appeal the single
member districts; the strength of the vote is lessened under the new single member
districts; the strength of the City Council and the community is also weakened
Rick Johnson - supports appealing single member districts; ask for a stay on the
election
Wanda Ferguson - supports appealing single member districts
Maxwell Brodrick - supports appealing single member districts
Steven Heath - supports appealing single member districts
Clay Russell - supports appealing single member districts
Carol Dingman - time to move forward into the future; don't appeal
Diane Graifemberg - urged City Council not to appeal
A motion was made by Council Member Robinson, seconded by Council
Member Fuller, that this Ordinance be adopted. The motion carried
unanimously.
Aye: 5 - Mayor Pro Tern Koch, Deputy Mayor Pro Tern Scott, Council Member
Robinson, Council Member Froehlich and Council Member Fuller
K. ADJOURNMENT
A motion was made by Council Member Robinson, seconded by Council
Member Froehlich, that this meeting be adjourned. The motion carried
unanimously.
Aye: 5 - Mayor Pro Tern Koch, Deputy Mayor Pro Tern Scott, Council Member
Robinson, Council Member Froehlich and Council Member Fuller
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City Council Meeting Minutes - Final February 19, 2013
The meeting adjourned at 8. °31 p.m.
i W11FTNIZ
A'TTE'ST-
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Angela Kelly, City Secretary
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