2010-12-06 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, November 16, 2010
Regular Meeting
6:00 P.M.
City Council Chambers
The following members of the Council were present:
Mayor Tim O'Hare
Mayor Pro Tern Harold Froehlich
Deputy Mayor Pro Tern Michelle Holmes
Council members Tim Scott
Ben Robinson
David Koch
The following members of the Administration were present:
City Manager Gary D. Greer
Assistant City Manager Sharma Sims-Bradish
City Attorney Pete Smith
City Secretary Cindee Peters
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
City Engineer Jerry Murawski
Library Director Danita Barber
Director of Community Services Michael Spicer
Human Resources Director Kathy Shields
Police Chief Sid Fuller
Fire Chief Kyle King
Director of Equipment Services Kevin Muenchow
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Ben Robinson gave the invocation and Mayor Pro Tern Harold Froehlich led
the pledge of allegiance.
B.2 PRESENTATION OF THE AMERICAN HEART ASSOCIATION'S 2010 FIT-
FRIENDLY GOLD LEVEL RECOGNITION TO THE CITY OF FARMERS
BRANCH'S HIP-HOP WELLNESS PROGRAM FOR EMPLOYEES, RETIREES, AND
DEPENDENTS.
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Ms. Leslie Knudsen with the American Heart Association presented the City with a Fit-
Friendly designation for Gold Level recognition.
B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
A motion by Councilman Scott, a second by Councilman Robinson, all voting "aye",
appointed the following people to the Building and Standards Commission: Terry Lynne
(Chair), Bill Glancy, Eileen Houston, Sam Aceves and Robin Bernier.
B.4 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief overview of items discussed in the Study Session.
B.5 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 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 the residents that the Christmas light tour starts on November
Councilman Scott asked that everyone try and donate to the Metrocrest Social Services
such as clothing, gifts, and non-perishable food items for the upcoming holidays.
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 Tem Froehlich, a second by Councilwoman Holmes, all voting
"aye", approved the consent agenda as submitted.
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 2,
2010.
C.2 ADOPTED RESOLUTION NO. 2010-073 APPROVING ECONOMIC
DEVELOPMENT INCENTIVES FOR THE RESIDENTIAL
DEMOLITION/REBUILD PROGRAM FOR THE RESIDENCE LOCATED AT
14535 TANGLEWOOD DRIVE.
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E.1 CONSIDER ADOPTING RESOLUTION NO. 2010-074 FOR PROPOSALS FOR
ADMINISTRATION AND OPERATION OF THE MANSKE LIBRARY AND TAKE
APPROPRIATE ACTION.
Shanna Sims-Bradish, Assistant City Manager, gave a PowerPoint presentation and
explained the Mayor and City Council requested that staff explore options regarding the
operation and administration of the Manske Library during the development of the
FY2011 budget.
Mayor O'Hare gave a brief explanation on how the Council arrived at the decision to
consider outsourcing the Manske Library.
There followed a lengthy discussion with questions from the City Council and
representatives of Library Systems and Services, LLC which included topics such as
materials budget, financials of LSSI, privacy issues with patrons of the library,
termination of the contract if necessary, working with volunteers and Friends of the
Library, liability insurance, fees, Library Board, policy decisions, use of meeting rooms
at the library, and new staffing requirements.
The following peopled spoke against outsourcing the Manske Library:
1. Kathleen Matsumura, 3938 Clubway
2. Pat Edmiston, 14215 Tanglewood
3. Molly Brick, 3614 Pebble Beach
4. John Wells, 13521 Heartside
5. Bruce Crozier, 2939 Harlee
6. Ruben Rendon, 13240 Veronica
7. Diane Graifemberg, 13656 Janwood
8. Michele Mummert, 13932 Lillard
9. Pauline Webb, 3034 Eric
10. Joan Abbey-Thompson, 13740 Tanglewood
11. Mary Ludwick, 12240 Veronica
12. Richard Curry, 14410 Cyprus Point
13. Charlene Harrison, 2777 Leta Mae
14. Clyde James, 14416 Tanglewood
15. Matt Wenthold
The Mayor called for a five minute recess.
16. Leslie Allsopp, 12805 Epps Field
17. Mary Jane Stevenson, 2976 Golfing Green
18. Miranda Perez, 14505 Heartside
19. Heather Rogers, 4012 Kerr Ct.
20. Nick Pistrowski, 3620 Janlyn
21. Tom Bohmier, 14506 Oakmont
22. Jennifer Evans, 3047 Randy
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23. Jim Manning, 3712 Clubway
24. Ruth Alhilali, 2901 N. Sunbeck
The following people spoke in favor of outsourcing the Library:
1. Mary Myer, 14618 Tanglewood
2. Betty Supinski, Kerr Trail
3. Rick Johnson
There followed more discussion between the City Council and LSSI regarding sharing of
books, donations, keeping the collections current, customer service, staff training, and the
current computers.
A motion by Councilman Robinson, a second by Councilwoman Holmes, all voting
"aye" approved Resolution No. 2010-074 authorizing the negotiation and execution of a
Library Services Agreement with Library Systems & Services, LLC.
E.2 CONSIDER ADOPTING ORDINANCE NO. 3109 AMENDING CHAPTER 18,
ARTICLE V, "DANGEROUS ANIMALS" OF THE CITY OF FARMERS BRANCH
CODE OF ORDINANCES BY ADDING PROVISIONS CONCERNING
AGGRESSIVE ANIMALS, INCLUDING AN ADMINISTRATIVE REVIEW AND
APPEAL PROCESS, AND REQUIRING STERILIZATION OF DANGEROUS
ANIMALS AND TAKE APPROPRIATE ACTION.
Michael Spicer, Director of Community Services, explained the City's Dangerous
Animal regulations were last amended in April 2008. Since then, ten dogs have been
declared dangerous in Farmers Branch; three remain in the city today.
Current regulations allow that an animal may only be found to be dangerous or not. If an
animal is declared dangerous, specific actions related to insurance, notification, restraint
and containment of the animal must be taken by the animal's owner in the interest of
public safety. Current regulations require that any appeal of a dangerous animal
declaration shall be filed exclusively with the municipal court.
Proposed Ordinance No. 3109 would provide for an alternative determination of
"aggressive animal" that would require a less restrictive degree of oversight by the
animal's owner compared to an animal found to be dangerous. The proposed ordinance
also establishes an administrative review and appeal process to the City Manager or the
City Manager's designee prior to judicial consideration of the matter.
Proposed Ordinance No. 3109 also adds the requirement that any dog found to be
dangerous must be sterilized.
Ms. Elaine Luttrell stated if people would contain their dogs we would not have this
problem.
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A motion by Mayor Pro Tern Froehlich, a second by Councilman Robinson, all voting
"aye", approved the following captioned Ordinance No. 3109, amending Chapter 18,
Article V "Dangerous Animals" of the Code of Ordinances.
ORDINANCE NO. 3109
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING CODE OF ORDINANCES, CHAPTER 18 "ANIMALS",
ARTICLE V "DANGEROUS ANIMALS" BY ADDING A DEFINITION OF
"AGGRESSIVE ANIMAL," ESTABLISHING AN ADMINISTRATIVE
REVIEW OF A DANGEROUS ANIMAL DETERMINATION BY THE CITY
MANAGER OR HIS DESIGNEE; ADDING PROVISIONS RELATING TO
THE DECLARATION OF AN ANIMAL AS AN AGGRESSIVE ANIMAL,
THE PROCESS FOR APPEALING SAID DECLARATION, AND REQUIRING
ENHANCED SAFEGUARDS, PREVENTATIVE MEASURES AND
PENALTIES FOR PERSONS HARBORING AN AGGRESSIVE ANIMAL;
PROVIDING A REQUIREMENT THAT ANY ANIMAL THAT IS
DECLARED DANGEROUS BE STERILIZED IF ALLOWED TO REMAIN IN
THE CITY; AMENDING THE PROCEDURES RELATING TO THE REVIEW
AND APPEAL OF A PRIOR DETERMINATION; AND MAKING OTHER
CONFORMING AMENDMENTS; CONTAINING A SAVINGS CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE OF NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
E.3 CONSIDER ORDINANCE NO. 3113 AUTHORIZING THE CITY MANAGER TO
PERFORM BACKGROUND CHECKS ON BOARD AND COMMISSION MEMBERS
AND VOLUNTEERS FOR CITY EVENTS AND TAKE APPROPRIATE ACTION.
Gary D. Greer, City Manager, explained there is presently no requirement in the Code of
Ordinances for applicants to positions appointed by the City Council to submit to a
criminal history check. Nor does the Code of Ordinances provide for an applicant to a
city board or commission to be disqualified from appointment if the person has been
convicted of a significant criminal offense. Following discussions with the City Council
regarding this void in the city's board and commission application process, the City
Manager requested that the City Attorney prepare an ordinance amending the Code of
Ordinances to require applicants to Council appointed positions submit to a criminal
history check. Aside from establishing the foregoing requirement, the proposed
ordinance also provides that an applicant for a Council appointed position be disqualified
from appointment if it is determined the applicant has been convicted of certain types of
offenses.
Because many people who volunteer to work in city programs and at city sponsored
events may be regularly in contact with young children and youth, the elderly, or people
with disabilities, or in the possession of funds and/or valuable city property, the proposed
ordinance authorizes the City Manager to require people who volunteer their services to
the city in city programs or at city sponsored events to submit to criminal history checks.
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A motion by Councilwoman Holmes, a second by Councilman Scott, all voting "aye",
adopted the following captioned Ordinance No. 3113
ORDINANCE NO. 3113
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 2
"ADMINISTRATION," ARTICLE 11 "BOARDS, COMMITTEES, AND
COMMISSIONS," BY ADDING SECTION 2-33 "CRIMINAL HISTORY
CHECKS OF BOARD AND COMMISSION APPLICANTS" AND ADDING
SECTION 2-34 "DELINQUENT PAYMENTS BY APPLICANTS," AND BY
AMENDING ARTICLE VI "PERSONNEL," BY ADDING SECTION 2-551
"CRIMINAL HISTORY CHECKS OF CITY VOLUNTEERS"; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR RESOLUTION OF
CONFLICTS WITH PRIOR ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
F.1 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION
551.074.
Consider appointments to the Building and Standards Commission and conduct
interviews of applicants.
Mayor O'Hare explained the City Council conducted interviews with applicants wishing
to serve on the Building and Standards Commission.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor O'Hare explained no action was necessary because action was taken regarding
this Executive Session item under Agenda Item B.3.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilman Koch, all voting "aye",
adjourned the City Council meeting of November 16, 2010 at 10:10 p.m.
Tim O'Hare, Mayor Cindee Peters, City Secretary
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