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2009-02-03 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, February 3, 2009 Study Session 5:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Tim O'Hare Ben Robinson David Koch Tim Scott Jim Smith Harold Froehlich The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Greg Vick Assistant City Manager Shanna Sims-Bradish City Secretary Cindee Peters City Attorney Kevin Laughlin Director of Parks and Recreation Jeff Fuller City Engineer Jerry Murawski Director of Community Services Michael Spicer Director of Public Works Mark Pavageaux Library Director Danita Barber Director of Communications Tom Bryson Police Chief Sid Fuller Fire Chief Kyle King A.1 DISCUSS REGULAR COUNCIL MEETING AGENDA ITEMS. City Council discussed items on the regular agenda. B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Ben Robinson gave the invocation and Boy Scout Troop 800 led the pledge of allegiance. 0 Volume 102, page 13 ~I B.2 CONSIDER ACCEPTANCE OF A DONATION FROM WAL-MART TO THE FARMERS BRANCH POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Sidney Fuller, Chief Of Police, explained the Wal-Mart Foundation wishes to make a donation of $875 to the Farmers Branch Police Department on behalf of the local Farmers Branch Wal-Mart store, located at 13307 Midway Road. This generous gift represents Wal-Mart's continued support of the Police Department's efforts to make Farmers Branch a safer community in which to live and work. The donation will be utilized to purchase increased visibility traffic cones that will provide added safety to officers working accidents and conducting other traffic services that require them to be in the roadway. The new cones will have increased reflectivity that will make them more visible during nighttime hours. Ms. Natasha Vas, Loss Prevention Specialist with Wal-Mart, presented the donation. A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", accepted the donation from Wal-Mart. n B.3 CONSIDER PROCLAIMING FEBRUARY 2009 AS COMMUNITY GARDEN MONTH IN FARMERS BRANCH. Mayor O'Hare explained that in support of Core Value #4, the Parks and Recreation Department has been working towards creation of a Community Garden/orchard. Staff looked at several locations and eventually accepted a very generous offer of a partnership with Chapel Hill United Methodist Church (CHUMC), which allowed the garden to be on Church property. A steering committee of representatives from CHUMC, Metrocrest Social Services, community members, and the City was formed in August 2008. A goal of being ready to plant February 1, 2009 was set. Organizational meetings were held beginning in September 2008, and the first work day was held on October 1, 2008 with over 100 volunteers in attendance. Throughout the process of planning and work days it was a great volunteer effort that made this Garden a reality. The Garden is now substantially complete and ready to be open and for planting to commence. There is a $20 fee to adopt a garden plot with the City providing water, a selection of seeds and seedlings, mulch, tools, fertilizer and pest control products. In conjunction with the Garden, there is a community orchard and composting area. Gardeners are being asked to voluntarily donate 20% of their harvest to the Metrocrest Social Services food bank. Margaret Young, Parks and Recreation Board Chair; Reverend JoNell Lindh, Pastor, Chapel Hill United Methodist Church; Bunny Summerlin, Exec. Director Metrocrest Volume 102, page 14 Social Services; David Oldfield, community representative will be present and would like to address the City Council. Mayor O'Hare read and presented the proclamation to the Community Garden volunteers. B.4 INTRODUCTION OF NEW DIRECTOR OF ECONOMIC DEVELOPMENT AND TOURISM JOHN LAND. Shanna Sims-Bradish, Assistant City Manager, stated John Land began as Director of Economic Development and Tourism for the City of Farmers Branch on February 2, 2009. Mr. Land returns to Farmers Branch from the Frisco Chamber of Commerce where he served as President since 2007. Prior to that he was Vice President of Community Development for the Midland Chamber of Commerce from 2002 to 2007, and President of the Farmers Branch Chamber of Commerce from 1994 to 2002. Mr. Land was previously employed by the City of Farmers Branch as Special Projects Manager in the Parks and Recreation Department prior to joining the local Chamber office. Mr. Land received Institute of Organizational Management designation from the U.S. Chamber of Commerce in 2005 and graduated from the Economic Development Institute in 2006. He currently holds positions on the Board of Directors for the Texas Association of Business, Texas Chamber of Commerce Executives, North Texas Chamber of Commerce Executives Association and President of the Association of Texas Leadership Programs. Mr. Land will direct all economic development programs as well oversee tourism efforts for the City of Farmers Branch. City administration would like to take the opportunity to introduce Mr. Land to the community at the February 3rd City Council meeting. Mr. Land thanked everyone for their welcome and explained he was excited to be back in Farmers Branch. B.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. No one presented an application and no appointments were. B.6 REPORT ON STUDY SESSION ITEMS. Mayor O'Hare announced Council discussed the regular Council agenda items. 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. Volume 102, page 15 A motion by Mayor Pro Tem Robinson, a second by Councilman Froehlich, all voting "aye", approved the consent agenda as presented. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 20, 2009 AND THE CITY COUNCIL PLANNING RETREAT ON JANUARY 23, 2009 AND TAKE APPROPRIATE ACTION. C.2 ADOPTED ORDINANCE NO. 3016 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 7, SCHOOL ZONES, SECTION 82-122 ADDING A SCHOOL SPEED ZONE ALONG SIGMA ROAD. ORDINANCE NO. 3016 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, "TRAFFIC AND VEHICLES", ARTICLE II, "OPERATION OF VEHICLES", DIVISION 7, "SCHOOL ZONES", SECTION 82-122, "SPEED LIMITS IN SCHOOL ZONES", SUBSECTION (b) BY ADDITIONALLY ESTABLISHING A NEW SCHOOL ZONE ON SIGMA ROAD BETWEEN MIDWAY ROAD AND ALPHA ROAD; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. C.3 ADOPTED ORDINANCE NO. 3015 DELETING THE DEFINITION OF WEEDS IN SECTION 34-284 AND DELETING THE ENTIRE TEXT IN SECTIONS 34-285 AND 34-287 FROM CHAPTER 34, ARTICLE VI IN THE CODE OF ORDINANCES WHICH CONFLICT WITH PROVISIONS FOUND IN CHAPTER 56, PROPERTY MAINTENANCE, OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH RELATIVE TO THE ALLOWABLE HEIGHT OF GRASS AND WEEDS. ORDINANCE NO. 3015 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DELETING THE DEFINITION OF WEEDS IN SECTION 34-284; AND DELETING THE CONTENTS OF SECTIONS 34-285 AND 34-287 OF CHAPTER 34, ARTICLE VI IN THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. E.1 DISCUSS PROPOSED QUALITY OF LIFE BOND ISSUE IN REGARDS TO WHETHER A BOND ISSUE SHOULD BE PRESENTED TO VOTERS, WHAT Volume 102, page 16 SPECIFIC PROJECTS THE BOND ISSUE MIGHT INCLUDE AND THE NEXT STEPS IF A BOND ISSUE IS CALLED AND TAKE APPROPRIATE ACTION. Shanna Sims-Bradish, Assistant City Manager, explained that based on feedback provided during the January listening meetings with citizens and the January 23, 2009 City Council Retreat regarding a possible bond program, City administration developed a draft bond program for City Council review and feedback. Ms. Bradish gave a brief PowerPoint summary that highlighted key dates, financial analysis and the possible elements of a potential bond program. Information about potential projects as well as draft ballot language prepared by bond counsel Vinson and Elkins is also included in this agenda item. A representative of Vinson and Elkins will be present during the February 3rd City Council meeting as a resource for any questions regarding the legal aspects of holding a bond election. City administration requests direction from the Mayor and City Council regarding the following items: Desire to move forward with a bond issue If yes, for what amount and what projects? If yes, how should the ballot be structured? The following people spoke in favor of a Quality of Life Bond issue being presented to the voters: Alexander Tassopoulos 7132 Blackwood Kells Koch 3243 Brincrest Alec Permenter 9248 Canter Dr. Ryan Permenter 9248 Canter Dr. Brian Christensen 4624 Ellensburg Dr. Matthew Duke 4532 Nashwood Lane Bill Snyder 4454 Melissa Lane Volume 102, page 17 Sam Allen 3044 Golfing Green Margaret Young 3412 Highland Meadow Bill Glancy 3808 Wooded Creek Jim Barrett 3411 Gatwick Katie Roberts 13240 Kerr Trail Rick Lyon 3720 Wooded Creek Michelle Holmes 14621 Cherry Hills Kelly Page 3335 Cloverdale Robert Davis 2828 Selma Charlynn Helms 12403 Amsterdame Mike DelValle 3161 Whitemarsh The following person spoke against putting a Quality of Life bond issue to the voters: Brenda Brodrick 13571 Rawhide Councilman Koch would like to make sure only project that are good for the entire city be put on the ballot not projects for one person. Councilman Koch also stated his number one priority is redevelopment. Mayor Pro Tem. Robinson would like staff to structure the bond issue as follows: $30 million for revitalization, $10 million for a new library, $5 million for a new service center, $5 million for a water park, $5 million for a new Fire Station No. 1, and $5 million for Phase Il of the Senior Center. Volume 102, page 18 After a lengthy discussion, a motion by Councilman Scott, a second by Councilman Smith, all voting "aye", directed staff to prepare bond issue projects between $40 million and $60 million and bring that information back at the next City Council meeting. E.2 PRESENTATION REGARDING "BRANCH MAIL" E-MAIL NEWS ALERTS. Tom Bryson, Director of Communications, made a brief presentation on how citizens can sign-up for "Branch Mail" e-mail news alerts along with some history of the program. Mayor O'Hare also asked staff to put this information in the Branch Review. E.3 DISCUSS DART FARMERS BRANCH STATION COLUMN DESIGN AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, gave a brief explanation of the new column design for the DART Station canopies and arbor, endorsed by the City Council on December 16, 2009. Mr. Murawski also stated this design was presented to the DART Site Specific Committee on December 18, 2009. The design was based on the arbor columns in Gussie Field Watterworth Park. The artist was not able to attend the DART Site Specific Committee. There was discussion on the compatibility of the new column design with the form and color of the other art components in the station. There was general consensus that the artist should look at the column design endorsed by the City Council to see if it could be modified to be consistent with the other art components combined with the City's vision of the brick columns. DART and City Administration met with the artist to explain the City's vision for Farmers Branch Station, the nearby rose gardens, the adjacent parkland, and the proposed mixed-use development. The artist responded by developing a new column design. It is round brick to reflect the curvilinear lines of the fence and the pavers in the station platform. The bricks have alternating colors matching the earth tones of the pavers in the station platform. It has precast concrete cap and base that have the images of roses and vines representative of the nearby rose gardens. It was shown to the Site Specific Committee on January 22, 2009. The committee unanimously endorsed the new design. A color image of the new design was not available to be included in this agenda. City Administration will present a color image of the artist's design at the City Council meeting. EA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WOULD BE DISCUSSED AFTER TO THE REGULAR CITY Volume 102, page 19 COUNCIL MEETING. MAYOR O'HARE EXPLAINED THE CITY COUNCIL WOULD RECESS THE REGULAR MEETING AT 7:30 P.M. AND THEN CONVENED INTO EXECUTIVE SESSION AT 7:40 P.M. AND THEN AND CONCLUDED THE EXECUTIVE SESSION AT 9:47 P.M. AND RECONVENED INTO THE REGULAR CITY COUNCIL MEETING AT 9:48 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 PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch, 06-12227; 07-04936; 08-01277 Barrietos, et.al., v. Farmers Branch Villas at Parkside Partners, et. al., v. Farmers Branch, 06-2371; 08-1551 Alfredo Vasquez, et. al., v. Farmers Branch Valentine Reyes, et.al., v. City of Farmers Branch Valentin Reyes, et.al., v. City of Farmers Branch, 08-01615 City of Farmers Branch v. Attorney General of Texas, d- I -GV-08-002676 Carol Dingman v. City of Farmers Branch, 08-15715 Mayor O'Hare stated the City Attorney was present to discuss pending litigation. 0 G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor O'Hare stated the City Council was updated on the item discussed in executive session and that no action was necessary. G.2 ADJOURNMENT. A motion by Councilman Smith, a second by Councilman Koch, all voting "aye", adjourned the City Council meeting of February 3, 2009 at 9:48 p.m. 1 Tim O'Hare, Mayor s Cindee Peters, City Secretary