2010-06-15 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, June 15, 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 Shanna Sims-Bradish
City Secretary Cindee Peters
City Attorney Pete Smith
Finance Director Charles Cox
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.
Father Jack Hennie gave the invocation and Jeff Fuller led the pledge of allegiance.
B.2 CANVASS THE ELECTION RETURNS OF THE JUNE 12, 2010 RUNOFF
ELECTION FOR PLACE 4 AND TAKE APPROPRIATE ACTION INCLUDING
SWEARING IN OF DULY ELECTED COUNCIL MEMBER.
The Mayor read the canvass statement in Resolution No. 2010-037.
Volume 103, page 88
A motion by Harold Froehlich, a second by Councilman Robinson, all voting "aye",
adopted Resolution No. 2010-037.
Mayor O'Hare administered the Oath of Office and presented the Certificate of Election
to Councilman Koch.
B.3 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM.
A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye",
elected Councilman Harold Froehlich to serve as Mayor Pro Tem and Councilwoman
Michelle Holmes to serve as Deputy Mayor Pro Tem.
B.4 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 Councilman Scott and a second from Councilman Froehlich, all voting
"aye," appointed Erica Brown to the Library Board:
B.5 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY
EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING
BEAUTIFICATION TO THE CITY.
One of the Goals of the City Council is to improve the appearance of the City of Farmers
Branch by encouraging neighborhood beautification.
The awards for June Yards of the Month were presented to the following:
Joseph & Linda Underwood
13606 Dennis Lane
B.6 PRESENTATION OF MAYOR'S AWARD OF EXCELLENCE.
Mayor O'Hare presented the entire City staff with the Mayor's Award of Excellence.
B.7 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief overview of items discussed in the Study Session.
B.8 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
Volume 103, page 89
II
HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.1 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 Town Hall meeting would be held on June
17th at the Senior Center beginning at 7:00 m. Mayor O'Hare also reminded everyone
to attend the July 4th celebration on July 3` at the Historical Park. Mayor O'Hare also
stated the manager of the Vietnam Wall thanked the City for the work they did keeping
the wall safe.
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 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 Mayor Pro Tern Froehlich, a second by Councilman Koch, all voting "aye",
approved the Consent Agenda as submitted.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 1, 2010.
C.2 ADOPTED ORDINANCE NO. 3084 AMENDING THE CITY OF FARMERS
BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND
VEHICLES, ARTICLE II, DIVISION 4, SECTION 82-62, PROHIBITING LEFT
TURNS FROM TWO COMMERCIAL DRIVEWAYS ADJACENT TO THE
INTERSECTION OF JOSEY LANE AT COOKS CREEK PLACE.
ORDINANCE NO. 3084
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 4 "TURNING MOVEMENTS," SECTION 82-62 "LEFT
TURNS PROHIBITED" BY ADDING ADDITIONAL PROHIBITIONS
REGARDING TURNS ONTO JOSEY LANE; PROVIDING A
SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED $200; AND
PROVIDING AN EFFECTIVE DATE.
C.3 ADOPTED RESOLUTION NO. 2010-039 AUTHORIZING CONTINUED
PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED
BY ONCOR; AUTHORIZING THE PAYMENT OF $0.10 PER CAPITA TO
THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED
ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY COMPANY,
LLC; AND PROVIDING AN EFFECTIVE DATE.
Volume 103, page 90
CA ADOPTED RESOLUTION NO. 2010-032 AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
TOWN OF ADDISON, TEXAS AND CITY OF CARROLLTON, TEXAS TO
CONTRACT WITH RCC CONSULTANTS INC. TO PROVIDE CONSULTING
SERVICES FOR THE FUTURE PUBLIC SAFETY COMMUNICATIONS
AND DISPATCH SYSTEMS PROJECT.
C.5 ADOPTED RESOLUTION NO. 2010-033 AUTHORIZING THE CITY OF
FARMERS BRANCH AS A SUB-RECIPIENT OF A GRANT IN THE
AMOUNT OF $193,702.50 FROM THE TEXAS DIVISION OF EMERGENCY
MANAGEMENT TO ACCEPT THE TEXAS DIVISION OF EMERGENCY
MANAGEMENT 2009 IPP-BUFFER ZONE PROTECTION PLAN SUB-
RECIPIENT AGREEMENT AWARDING THE GRANT.
i
E.1 CONSIDER REQUEST OF MR. GARY MCVAY TO DISCUSS THE MUNICIPAL
JUDGE'S FAILURE TO ISSUE MOTION FOR CONTINUANCE AND MUNICIPAL
COURT PROCEDURE.
Mr. Gary McVay appeared before the City Council to discuss circumstances related to a
Farmers Branch citation he received and the subsequent decision by the Judge Fenton.
E.2 CONSIDER ADOPTING RESOLUTION NO. 2010-035 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH GALLAGHER CONSTRUCTION
SERVICES NOT TO EXCEED $235,000 TO OVERSEE CONSTRUCTION OF THE
RELOCATION OF FIRE STATION NO.1 AND TAKE APPROPRIATE ACTION.
On May 9, 2009 Farmer
y s Branch citizens approved a $5.5 million bond proposal to
relocate Fire Station No. 1. Property was identified for the new site for the facility and on
May 17, 2010 the City Council authorized the purchase of the property. At the same
council meeting, action was taken to issue and sell General Obligation Refunding and
Improvement Bonds to fund the project.
A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye",
adopted Resolution No. 2010-035.
E.3 CONSIDER ADOPTING RESOLUTION NO. 2010-040 AUTHORIZING THE CITY
OF FARMERS BRANCH AS THE RECIPIENT OF A GRANT IN THE AMOUNT OF
$100,323 FROM THE TEXAS EVENT TRUST FUND AND TAKE APPROPRIATE
ACTION.
John Land, Director of Economic Development, explained in 2010, the City applied for
funds from the Texas Event Trust Fund. On March 26, 2010 notification was received
from the Office of the Texas Comptroller of Public Accounts that the grant request had
been approved and funded in the amount of $100,323. This grant does require matching
funds of $16,051, which are included in the existing Tourism budget.
Volume 103, page 91
A motion by Mayor Pro Tem Froehlich, a second by Councilman Koch, all voting "aye"
adopted Resolution No. 2010-040 accepting a grant from the Texas Event Fund.
EA CONSIDER ADOPTING RESOLUTION NO. 2010-038 AUTHORIZING THE CITY
MANAGER TO ENTER INTO A 30-YEAR WHOLESALE TREATED WATER
CONTRACT AND MEMORANDUM OF AGREEMENT (MOA) WITH THE CITY OF
DALLAS, AND TAKE APPROPRIATE ACTION.
Charles Cox, Director of Finance, explained Farmers Branch purchases treated water
from the City of Dallas under the terms of a 1990 contract that will expire August 1,
2010. The contract includes a memorandum of agreement that provides the annual rate
setting methodology. Resolution No. 2010-038 authorizes the City Manager to enter into
a new 30-year contract and memorandum of agreement with the City of Dallas for the
purchase of treated water. Details of the contract were discussed at the May 4, 2010 City
Council meeting.
A motion by Councilman Robinson, a second by Councilwoman Holmes, all voting
"aye", adopted Resolution No. 2010-038.
MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE STUDY SESSION. MAYOR
O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION
AT 4:52 P.M. AND THEN RECESSED AT 5:15 P.M. AND RECONVENED AT 5:20 P.M.
AND THEN 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 ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT
CODE SECTION 551.087.
Discuss economic development incentives for the retention of a warehouse, distribution
center and corporate headquarters.
Mayor O'Hare explained staff was present to update the Council on this item, which
requires action under agenda item G.1.
F.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION
551.072.
Discuss purchase, exchange, lease, sell or value of real property in the areas generally
bounded by Midway Road, Valwood Parkway and Beltline, 1-635 and Denton Drive.
Mayor O'Hare explained staff was present to update the Council on this item.
Volume 103, page 92
F.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS
GOVERNMENT CODE SECTION 551.071.
Receive legal advice from City Attorney regarding the imposition of Special Use Permits
on vacant and/or abandoned property within the City.
Mayor O'Hare explained staff was present to update the Council on this item.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
A motion by Councilman Scott, a second by Council Koch, all voting "aye" authorized
the City Manager to negotiate and execute on behalf of the City an economic
development agreement with Sport Supply Group to provide the equivalent of a 30% tax
abatement for the company's business personal property for a period of five years.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilwoman Holmes all voting "aye" to
adjourn the Ltieeting at 7:05 pm.
Tim O'Hare, Mayor Cindee Peters, ity Secretary
Volume 103, page 93