2010-05-18 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, May 18, 2010
Regular Meeting
6:00 P.M.
The following members of the Council were present:
Mayor Tim O'Hare
Mayor Pro Tern David Koch
Deputy Mayor Pro Tem Tim Scott
Council members Harold Froehlich
Michelle Holmes
Ben Robinson
The following members of the Administration were present:
City Manager Gary Greer
Assistant City Manager Matt Benoit
Assistant City Manager Sharma Sims-Bradish
City Secretary Cindee Peters
City Attorney Pete Smith
Director of Parks and Rec. Jeff Fuller
City Engineer Jerry Murawski
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Fire Chief Kyle King
Director of Equipment Services Kevin Muenchow
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Ben Robinson gave the invocation and Councilwoman Michelle Holmes led
the pledge of allegiance.
B.2 CANVASS THE ELECTION RETURNS OF THE MAY 8, 2010 GENERAL
ELECTION FOR PLACE 1 AND PLACE 4 AND TAKE APPROPRIATE ACTION
INCLUDING SWEARING IN OF DULY ELECTED COUNCIL MEMBERS.
The Mayor read the canvass statement in Resolution No. 2010-029.
Volume 103, page 78
A motion by Councilman Froehlich, a second by Mayor Pro Tern Koch, all voting "aye",
adopted Resolution No. 2010-029.
Mayor O'Hare administered the Oath of Office to Councilman Tim Scott.
Mayor O'Hare presented the Certificates of Election to Councilman Tim Scott.
B.3 CONSIDER ADOPTING ORDINANCE NO. 3082 ISSUING THE ELECTION ORDER
CALLING FOR A CITY COUNCIL RUNOFF ELECTION FOR PLACE 4 ON JUNE
12, 2010 AND TAKE APPROPRIATE ACTION.
The City Secretary recommends that a runoff election for Council member - Place 4 be
held as required by the City Charter and State Law on June 12, 2010.
A motion by Councilman Scott, a second by Mayor Pro Tern Koch, all voting "aye",
adopted the following captioned Ordinance No. 3082 calling for a runoff election to be
held on June 12, 2010.
ORDINANCE NO. 3082
AN ORDINANCE CALLING A RUNOFF ELECTION FOR
COUNCILMEMBER- PLACE 4, FOR THE 12TH DAY OF JUNE, 2010;
NAMING THE POLLING PLACE AND HOURS; SETTING THE LOCATION
AND HOURS FOR EARLY VOTING; CALLING FOR THE APPOINTMENT
OF AN ELECTION JUDGE AND ALTERNATE ELECTION JUDGE;
ESTABLISHING THE RETURNS PROCEDURE; AND CANVASSING THE
RESULTS OF THE RUNOFF ELECTION.
B.4 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY
EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING
BEAUTIFICATION TO THE CITY.
The awards for May Yards of the Month were presented to the following:
Thomas Laney Mike & Barbara Bomgardner
3048 Golfing Green 13221 Woodhaven
Doyce Gilmer Daniel Long
13736 Janwood 1221 Ridgefair PI
B.5 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
No action was necessary on this item.
B.6 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,
Volume 103, page 79
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 of the upcoming Liberty Fest on May 28th and 29th.
B.7 REPORT ON STUDY SESSION ITEMS.
Members of the City Council gave a brief report on items discussed in the Study Session.
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 Mayor Pro Tern Koch, a second by Councilman Robinson, all voting "aye",
approved the consent agenda as submitted.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 4, 2010.
C.2 APPROVED THE ABSENCE OF COUNCILMAN BEN ROBINSON AT THE
MAY 4, 2010 MEETING.
D.1 PUBLIC HEARING: FOR THE DALLAS COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT FISCAL YEAR 2010 PROGRAM AND
CONSIDER ADOPTING RESOLUTION NO. 2010-028 AUTHORIZING THE
REALLOCATION OF UNSPENT FUNDS FROM THE FY 2009 CDBG PROJECT TO
THE PROPOSED FY 2010 CDBG PROJECT AND AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO DALLAS COUNTY FOR FY 2010 CDBG
PROJECT, AND TAKE APPROPRIATE ACTION.
Michael Martin, Project Manager explained for Fiscal Year (FY) 2010, the City of
Farmers Branch is eligible to receive $98,940 in Community Development Block Grant
(CDBG) funds from Dallas County.
Mayor O'Hare opened the public hearing.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye",
closed the public hearing.
A motion by Councilman Robinson, a second by Councilman Froehlich, all voting "aye",
adopted Resolution No. 2010-028.
Volume 103, page 80
D.2 PUBLIC HEARING: CITY COUNCIL WILL CONDUCT A PUBLIC HEARING TO
CONSIDER THE NOMINATION OF TUESDAY MORNING CORPORATION TO
THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND
TOURISM, AS AN ENTERPRISE ZONE PROJECT PURSUANT TO THE TEXAS
ENTERPRISE ZONE ACT, CHAPTER 2303 TEXAS GOVERNMENT CODE AND
TAKE APPROPRIATE ACTION TO ADOPT ORDINANCE NO. 3083 FOR SUCH A
NOMINATION.
A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye",
closed the public hearing.
A motion by Mayor Pro Tem Koch, a second by Councilman Scott, all voting "aye",
adopted the following captioned Ordinance No. 3083.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, AUTHORIZING THE CITY OF FARMERS BRANCH TO
PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM
PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303,
TEXAS GOVERNMENT CODE ("ACT"), IDENTIFYING TAX INCENTIVES,
DESIGNATING A LIAISON FOR COMMUNICATION WITH THE
INTERESTED PARITES, AND NOMINATING TUESDAY MORNING
CORPORATION TO THE OFFICE OF THE GOVERNOR, ECONOMIC
DEVELOPMENT AND TOURISM ("OOGEDT") THROUGH THE
ECONOMIC DEVELOPMENT BANK ("BANK") AS AN ENTERPRISE
PROJECT ("PROJECT"); AND PROVIDING FOR AN EFFECTIVE DATE.
E.1 CONSIDER ADOPTING RESOLUTION NO. 2010-030 APPROVING ECONOMIC
DEVELOPMENT INCENTIVES FOR THE RESIDENTIAL DEMOLITION/REBUILD
PROGRAM FOR THE RESIDENCE LOCATED AT 2963 NORTH SUNBECK
CIRCLE AND TAKE APPROPRIATE ACTION.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
adopted Resolution No. 2010-030.
E.2 CONSIDER ADOPTING ORDINANCE NO. 3080 AMENDING THE CITY'S 2009-10
FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL
IMPROVEMENT PROGRAM BUDGET, AND DIRECTING THAT CITY
EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS
AMENDED, AND TAKE APPROPRIATE ACTION.
A motion by Councilman Robinson, a second by Mayor Pro Tern Koch, all voting "aye",
adopted the following captioned Ordinance No. 3080.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS
AMENDING THE CITY'S 2009-2010 FISCAL YEAR OPERATING
BUDGET, AMENDING THE CAPITAL IMPROVEMENTS
Volume 103, page 81
PROGRAM BUDGET, AND DIRECTING THAT CITY
EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET
AS AMENDED.
E.3 CONSIDER ADOPTING ORDINANCE NO. 3081 PROVIDING FOR THE ISSUANCE
AND SALE OF CITY OF FARMERS BRANCH, TEXAS, GENERAL OBLIGATION
REFUNDING AND IMPROVEMENT BONDS, SERIES 2010, IN THE AGGREGATE
PRINCIPAL AMOUNT OF APPROXIMATELY $7,160,000; LEVYING A TAX IN
PAYMENT THEREOF; PRESCRIBING THE FORM OF SAID BONDS; APPROVING
THE OFFICIAL STATEMENT AND PAYING AGENT AGREEMENT; ENACTING
OTHER PROVISIONS RELATING THERETO; AND, TAKE APPROPRIATE
ACTION.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
adopted the following captioned Ordinance No. 3081.
ORDINANCE NO. 3081 RELATING TO $7,160,000 CITY OF
FARMERS BRANCH, TEXAS GENERAL OBLIGATION
REFUNDING AND IMPROVEMENT BONDS SERIES 2010.
EA CONSIDER ADOPTION OF RESOLUTION NO. 2010-031 AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND SIGN A CONTRACT REGARDING THE
PURCHASE OF AN APPROXIMATELY 5.0 ACRE TRACT OF LAND OUT OF THE
ROBERT J. WEST SURVEY, ABSTRACT #1576, DALLAS COUNTY, TEXAS,
GENERALLY LOCATED AT 13605 WEBB CHAPEL ROAD, FARMERS BRANCH,
TEXAS AND TAKE OTHER APPROPRIATE ACTION.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye",
approved Resolution No. 2010-031 to acquire the St Paul Lutheran Church for the
purpose of relocating Fire Station #1.
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 AT4:13 P.M. AND CONCLUDED AT 5:21 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 ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT
CODE SECTION 551.087.
Volume 103, page 82
Discussion of economic development incentives for the redevelopment of the Four
Corners Shopping Area and to promote other retail, commercial and industrial business
prospects elsewhere in the City.
Mayor O'Hare stated Staff was present to discuss this item with the City Council.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor O'Hare stated no action was necessary on item discussed in executive session.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye,"
adjourned the City Council meeting of May 18, 2010 at 7:00 p.m.
r
Tim O'Hare, Mayor Cindee Peters, City Secretary
Volume 103, page 83