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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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Tim O'Hare, Mayor
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Cindee Peters, City Secretary