2009-02-17 CC MinutesCity of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, February 17, 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
Councilmembers
Tim O'Hare
Ben Robinson
Tem 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
Pete Smith
Director of Economic Development
John Land
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.
A.2 DISCUSS BIRD FEEDING PARK.
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Mayor O'Hare stated he would like staff to look at the possibility of a bird feeding park
located somewhere in one of the City parks. Mayor O'Hare explained this would be a
community effort with citizens maintaining their own bird feeding stations.
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Mayor Pro Tern Ben Robinson gave the invocation and Councilman Smith led the pledge
of allegiance.
B.2 PROCLAIM FEBRUARY 22-28,2009 AS "SEVERE WEATHER AWARENESS
WEEK" IN FARMERS BRANCH.
Mayor O'Hare read the proclamation declaring February 22-28, 2009 as "Severe Weather
Awareness Week."
B.3 RECOGNIZE THE POLICE DEPARTMENT FOR ACHIEVING "RECOGNIZED
STATUS" WITH THE TEXAS POLICE CHIEF'S ASSOCIATION FOUNDATION
RECOGNITION PROGRAM.
Sidney Fuller, Chief of Police, explained the Texas Police Chief's Association
Foundation Recognition Program is a voluntary process where police agencies in Texas
prove their compliance with over 160 Texas Law Enforcement Best Practices. These Best
Practices were carefully developed by Texas Law Enforcement professionals to assist
agencies in the efficient and effective delivery of service and the protection of
individual's rights. The Farmers Branch Police Department is the thirteenth police agency
in Texas to achieve this status.
Being "Recognized" means that the agency meets or exceeds all of the identified Best
Practices for Texas Law Enforcement. These Best Practices cover aspects of law
enforcement operations such as use of force, protection of citizen rights, pursuits,
property and evidence management, and patrol and investigative operations.
The Recognition Program ensures that an agency has addressed the most critical law
enforcement issues in policy as well as in actual operation. Further, the Recognition
Program assures City Management, City Council and the citizens of a city that their
Police Department is operating in a manner that reflects the current Best Practices of Law
Enforcement. It can provide citizens with reassurance and improve community relations
and cooperation, and it also leads to improved performance within the department.
Mark Hafner and Marlin Price with the Texas Police Chief's Association Recognition
Committee presented Chief Sid Fuller with the award.
BA PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION
APPOINTMENTS AND TAKE APPROPRIATE ACTION.
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No one presented an application.
A motion by Mayor O'Hare, a second by Mayor Pro Tern Robinson, all voting "aye",
appointed Sam Aceves to the Library Board.
B.5 Report on Study Session items.
Mayor O'Hare announced Council discussed the regular Council agenda items and a bird
feeding park.
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 Robinson, a second by Councilman Smith, all voting
"aye", approved the consent agenda as amended by removing item C.3 and placing it on
the regular agenda as item E.O.
C.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF FEBRUARY
3, 2009.
C.2 ADOPTED RESOLUTION NO. 2009-010 ENDORSING CERTAIN
LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC
MARKET.
C.3 REMOVED FROM CONSENT AND HEARD AS ITEM E.O.
CA ADOPTED RESOLUTION NO. 2009-012 AWARDING THE BASE BID
PLUS ADD ALTERNATIVE-3 FOR THE HISTORICAL PARK
PEDESTRIAN BRIDGE OVER RAWHIDE CREEK TO CALVERT PAVING
CORPORATION IN THE AMOUNT OF $82,900.
C.5 ADOPTED RESOLUTION NO. 2009-015 REJECTING CITY BID NO. 09-06
FOR THE PURCHASE OF REPLACEMENT VEHICLES TOTALING
$286,885.
C.6 ADOPTED RESOLUTION NO. 2009-013 AUTHORIZING THE CITY
MANAGER TO APPLY FOR A STATE CRIMINAL JUSTICE PLANNING
421 FUND GRANT THROUGH THE CRIMINAL JUSTICE DIVISION OF
THE OFFICE OF THE GOVERNOR.
D. PUBLIC SESSION
No items.
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E.0 ADOPTING RESOLUTION NO. 2009-009 SUPPORTING THE RAIL NORTH
TEXAS INITIATIVE.
Mayor O'Hare explained the Regional Transportation Council has approved a legislative
initiative referred to as Rail North Texas. The initiative seeks legislative approval for the
creation of a transportation funding area to administer revenues collected from the
counties within the area.
A motion by Councilman Smith, a second by Councilman Scott, all voting "aye", rejected
the proposed Resolution No. 2009-009.
E.1 DISCUSS POLICE TRAFFIC STOP DATA FOR CALENDAR YEAR 2008.
Sidney Fuller, Chief of Police, explained that Article 2.132 of the Texas Code of
Criminal Procedure requires the annual reporting to the governing body of data collected
on individuals stopped and issued citations or arrested by the police department. This
year the Professional Development Institute, from the University of North Texas, was
contracted to conduct a comprehensive analysis of this data as well as the Farmers
Branch Police Department's policies, training, and procedures as it pertains to racial
profiling. Their findings are attached.
Chief Fuller gave a brief PowerPoint presentation of police traffic stop data.
[1
E.2 PRESENTATION ON LANDFILL ISSUES.
Mark Pavageaux and Shane Davis gave a brief presentation addressing the following
landfill topics: Landfill Operations, waste volumes, new cell construction, regulatory
compliance, natural gas drilling, license agreement, on site improvements, carbon credits,
contract and status update, landfill gas to energy, developer, electrical grid interconnect
options, rezoning application and plat, rezoning and platting, AO to Specific Use Zoning
Application and Plat, long range disposal plan, long term use of Camelot Landfill, and
process of amending permit.
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E.3 CONSIDER ADOPTING RESOLUTION NO. 2009-011 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT FOR LANDFILL ENGINEERING
SERVICES WITH WEAVER BOOS CONSULTANTS - SOUTHWEST AND TAKE
APPROPRIATE ACTION.
Shane Davis stated in an effort to ensure long term disposal capacity for Farmers Branch
and the surrounding area of Dallas and Ft. Worth, the City Administration has established
a goal to examine the possibility of expanding the disposal capacity of the Camelot
Landfill. In order to achieve this goal, a Request for Qualifications (RFQ) was
distributed to five (5) companies that have design and permitting experience in Texas. In
accordance with the RFQ, the selected company will have to develop conceptual
designs(s) of the potential increase in disposal capacity that complies with municipal state
solid waste and air regulations, local ordinances, and federal floodplain and wetland
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requirements. In addition the selected company will develop a long range plan for
developing the gas collection system in conjunction with the site development plan.
Camelot Landfill is an urban area, thus it will face close scrutiny by the regulatory
agencies and the neighboring landowners. Because of the multi jurisdictional nature of
this project and its location, the anticipated timeline for project completion is three to six
years.
The City received two (2) Submittals of Qualification: one from Weaver Boos and one
from a team of Biggs & Matthews and CDM. Based on these qualifications, Staff
selected Weaver Boos because the firm demonstrated more experience in design and
permitting municipal solid waste permit amendments. City Administration has
negotiated a contract with Weaver Boos for landfill engineering services. The Scope of
Services for this contract has been attached. This contract will not exceed $1,889,400
and will be funded through the Closure-Post Closure fund.
Within the Scope of Work, Weaver Boos has provided an estimated timeline and costs
for each part of the project. The overall costs were developed with consideration for
recent rule changes that will affect the permitting process, portions of the project where
the firm has seen significant variation in past projects of similar nature, and the unknown
timeframe for the project.
A motion by Councilman Scott, a second by Councilman Smith, all voting "aye", adopted
Resolution No. 2009-011.
E.4 CONSIDER ADOPTING ORDINANCE NO. 3013 ISSUING THE ELECTION ORDER
CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 3 AND PLACE 5
ON MAY 9, 2009 AND TAKE THE APPROPRIATE ACTION.
Mayor O'Hare explained that on May 9, 2009 an election for Place 3 and Place 5 will be
held in Farmers Branch. City Administration is currently working with Dallas County
Elections Department on the polling locations for Election Day. The positions for Place
3 and Place 5 will serve three-year terms.
Early voting shall be conducted in the city hall on the following dates: Monday, April 27,
2009, and continue through Friday, May 1, 2009, between 8:00 a.m. and 5:00 p.m.;
Saturday, May 2, 2009, between 8:00 a.m. and 5:00 p.m.; Sunday, May 3, 2009, between
1:00 p.m. and 6:00 p.m.; and Monday, May 4, 2009, and Tuesday, May 5, 2009, between
7:00 a.m. and 7:00 p.m.
A motion by Councilman Smith, a second by Mayor Pro Tem Robinson, all voting "aye"
adopted the following captioned Ordinance No. 3013 issuing the Election Order calling
for a City Council Election for Place 3 and Place 5 to be held on May 9, 2009.
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ORDINANCE NO. 3013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON
THE 9TH DAY OF MAY 2009, FOR THE PURPOSE OF ELECTING TWO (2)
MEMBERS OF THE FARMERS BRANCH CITY COUNCIL; DESIGNATING
POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN;
AUTHORIZING EXECUTION OF JOINT ELECTION CONTRACT;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
E.5 CONSIDER ADOPTING ORDINANCE NO. 3014 CALLING AN ELECTION FOR
ADOPTION OR REJECTION OF PROPOSED AMENDMENTS TO THE EXISTING
CITY CHARTER ON MAY 9, 2009 AND TAKE APPROPRIATE ACTION.
Mayor O'Hare stated in October 7, 2008, the Charter Review Committee completed its
review of the City Charter and submitted its report making recommendations to the City
Council for various amendments to the City Charter. After reviewing the
recommendations, the City Council asked staff to prepare the documents necessary to
hold a charter amendment election in conjunction with the election of City Council
member Place 3 and City Council member Place 5. Ordinance No. 3014 calls for the
adoption or rejection of proposed amendments to the existing City Charter to be held on
May 9, 2009.
In addition to the recommendations made by the Charter Review Committee, the City
Secretary, in conjunction with the City Attorney, is recommending one additional
amendment, specifically, an amendment to City Charter Section 2.13 relating to
canvassing city council elections and the date newly elected council members take office.
This additional amendment is necessary in order to conform not only to current practice,
but also to conform to amendments in state law regarding the required dates for the
election canvass. In addition, the City Attorney is recommending some additional
corrections in language in a couple of the amendments recommended by the Committee
that are discussed in the attached memo.
Council should also note that certain charter amendments proposed by the Charter
Review Committee, specifically the amendments to Section 11.04 and 11.07 regarding
the number of signatures required on initiative and referendum petitions, respectively,
were not discussed in the narrative of the Committee's report. However, these proposed
amendments were sent out in the mark-up of the City Charter that accompanied the
Committee's report. These additional amendments have been included in the proposed
Ordinance No. 3014.
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A motion by Mayor Pro Tem Robinson, a second by Council Froehlich, all voting "aye",
adopted the following captioned Ordinance No. 3014 calling for an election or rejection
of proposed City Charter amendments.
ORDINANCE NO. 3014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, ORDERING A SPECIAL ELECTION ON PROPOSED
AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF
FARMERS BRANCH TO BE HELD ON MAY 9, 2009; PROVIDING FOR
THE PUBLICATION AND POSTING OF NOTICE; PROPOSING
AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF
FARMERS BRANCH; AUTHORZING THE CITY MANAGER AND CITY
SECRETARY TO EXECUTE AN ELECTION AGREEMENT AND
ELECTION SERVICES CONTRACT WITH DALLAS COUNTY ELECTIONS
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
E.6 CONSIDER ADOPTING ORDINANCE NO. 3017 CALLING A BOND ELECTION
FOR MAY 9, 2009 AND TAKE APPROPRIATE ACTION.
Shanna Sims-Bradish, Assistant City Manager, explained that based on the feedback at
the February 3rd City Council meeting as well as the listening meetings with citizens held
in January, city administration has prepared information about potential elements of a
Quality of Life bond issue. At the February 3rd City Council meeting, members of the
City Council made a motion to "direct staff to prepare bond issue projects between $40
million and $60 million" and to bring back additional information to the next Council
meeting. Attached is information about potential projects as well as options regarding
projects such a library facility, municipal service center, Fire Station #1 and
beautification efforts.
An ordinance with proposed ballot language has been prepared by the City's bond
counsel Vinson and Elkins based on the City Council's direction. At this time no
specific amounts have been included for the propositions. At the conclusion of the
discussion, specific amounts per proposition need to be included in a motion.
Representatives of Vinson and Elkins were present to answer any questions regarding the
legal aspects of holding a bond election.
City Administration recommends that in order to move the decision forward concerning a
Quality of Life Bond issue City Administration will maneuver the City Council through a
decision process. It is recommended that the City Council incrementally answer the
following questions in order to determine the issue at hand.
Mayor O'Hare stated comments from citizens would be heard at this time.
The following people spoke in opposition of holding a bond election in May:
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Jim Strahan
13434 Tom Field
Brenda Brodrick
13531 Rawhide
George Brodrick
13531 Rawhide
Lisa Sisemore
13527 Rawhide
Kay Tindell
13567 Rawhide
David Black
13537 Rawhide
Nancy Snyder
13410 Glenside Dr.
Barbara Rogers
13237 Veronica
The following people were in favor of holding a bond election in May:
Calla Davis
2828 Selma
William Glancy
3808 Wooded Creek
Jamie Jewell
2771 Bay Meadows Circle
Darrell Stevens
2960 Maydelle
Mayor O'Hare thanked everyone for speaking and explained the voters would decide in
the end.
Mayor Pro Tem Robinson passed out information on taxes, the upcoming budget years
and the framework of this bond election.
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Councilman Koch explained he would like to note that the options received by Council
for the bond election range from $54,000,000 to $68,000,000 and hoped the Council
would consider each proposition carefully.
Councilman Froehlich stated this is a wish list that would promote and help Farmers
Branch attract younger families and asked everyone to vote with their mind and heart.
Councilman Scott urged everyone to get out and vote and make your wishes known.
Councilman Smith stated no one likes a tax increase but some of the propositions were a
necessity.
Mayor O'Hare stated he would address each item separately and then ask the Council to
vote on each one individually.
Mayor Pro Tem Ben Robinson asked that the item in Proposition No. 1 be listed as a
separate proposition. Each Councilmember agreed.
Proposition #1:
Shall trail expansion be included at a cost of $650,000 in the bond issue?
A motion by Councilman Koch, a second by Councilman Froehlich, all voting "aye",
agreed to remove this proposition.
Proposition #2:
Shall the construction of a municipal water park be included at a cost of $5 million in the
bond issue?
A motion by Councilman Scott, a second by Councilman Smith, all voting "aye", agreed
to include this in the bond election for $5,000,000.
Proposition #3:
Shall Phase II of the Senior Center be included at a cost of $4.6 million in the bond issue?
A motion by Mayor Pro Tern Robinson, a second by Councilman Scott, with Scott and
Robinson voting "aye", and Smith, Froehlich and Koch voting "nay" to include this in the
bond election for $4,600,000. The motion failed with a 3 to 2 vote.
A motion by Councilman Smith, a second by Councilman Koch, with Koch, Froehlich
and Smith voting "aye", and Scott and Robinson voting "nay", to include this in the bond
election for $3,750,000. The motion carried with a 3 to 2 vote.
Proposition #4:
Which option for the Manske Library should be placed before the voters?
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A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", to
include a new Library in the bond election for $10,000,000.
Proposition #5:
Which option for the relocation of Fire Station #1 should be placed before the voters?
A motion by Mayor Pro Tem Robinson, a second by Councilman Scott, with Robinson,
Scott, Koch and Smith voting "aye", and Froehlich voting "nay" to include a new Fire
Station #1 in the bond election for $5,500,000. The motion carried by a 4 to 1 vote.
Proposition #6:
Which option for the Municipal Service Center should be placed before the voters?
A motion by Councilman Smith to include the Service Center in the bond election for
$8,600,000 died for a lack of a second.
A motion by Councilman Koch, a second by Councilman Smith, with Koch, Smith, and
Froehlich voting "aye", and Robinson and Scott voting "nay", to include a Service Center
in the bond election for $6,200,000. The motion passed by a 3 to 2 vote.
Proposition #8:
How much funding should be included for beautification and streetscape to be placed
before the voters?
A motion by Mayor Pro Tem Robinson, a second by Councilman Smith, all voting "aye",
agreed to exclude beautification and streetscape in the bond election.
Proposition #7:
How much funding should be included for economic development and revitalization to be
placed before the voters?
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye",
agreed to include economic development and revitalization in the bond election for
$30,000,000.
Mayor O'Hare stated this would put the bond propositions at a total of $60,450,000. He
stated he would like to revisit each one again.
Proposition #1:
Shall trail expansion be included at a cost of $650,000 in the bond issue?
The City Council all agreed that no change was needed on this decision and would
remove this proposition.
Proposition #2:
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Shall the construction of a municipal water park be included at a cost of $5 million in the
bond issue?
The City Council all agreed that no change was needed on this decision and would
include a water park in this bond election for $5,000,000.
Proposition #3:
Shall Phase II of the Senior Center be included at a cost of $4.6 million in the bond issue?
A motion by Mayor Pro Tem Robinson to increase the amount of the Senior Center to
$4,600.000 died for a lack of a second. The amount of the proposition for the Senior
Center would remain at $3,750,000.
Proposition #4:
Which option for the Manske Library should be placed before the voters?
A motion by Councilman Koch, a second by Councilman Froehlich, with Koch,
Robinson, and Froehlich voting "aye", and Scott and Smith voting "nay" to include a new
Library in the bond election for $9,000,000. The motion carried with a 3 to 2 vote.
Proposition #5:
Which option for the relocation of Fire Station #I should be placed before the voters?
The City Council agreed that no change was necessary and would include a new Fire
Station #1 in the bond election for $5,500,000.
Proposition #6:
Which option for the Municipal Service Center should be placed before the voters?
A motion by Mayor Pro Tem Robinson to remove a Service Center from the bond
election died from lack of a second.
After a brief discussion, a motion by Councilman Koch, a second by Councilman Smith,
all voting "aye", removed the Service Center from the bond election.
Proposition #8:
How much funding should be included for beautification and streetscape to be placed
before the voters?
The City Council agreed that no change was necessary and would exclude beautification
and streetscape in the bond election.
Proposition #7:
How much funding should be included for economic development and revitalization to be
placed before the voters?
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The City Council agreed that no change was necessary and would include economic
development and revitalization in the bond election for $30,000,000.
Mayor O'Hare asked the City Council to revisit the amount on the Library proposition.
After a brief discussion, a motion by Councilman Scott, a second by Mayor Pro Tem
Robinson, with Scott, Froehlich, Robinson and Smith voting "aye", and Councilman
Koch voting "nay", to include a new Library in the bond election for $10,750,000.
A motion by Mayor O'Hare, a second by Councilman Koch, all voting "aye" adopted the
following captioned Ordinance No. 3017, with the amendments made by the City
Council.
ORDINANCE NO. 3017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN
THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE
ELECTION AND OTHER PROVISIONS RELATING THERETO.
E.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUEST AND TAKE
APPROPRIATE ACTION.
There were no travel reports or requests.
F. EXECUTIVE SESSION.
Mayor O'Hare stated no executive session was held.
G.1 ADJOURNMENT.
A motion by Councilman Smith, a second by Councilman Scott, all voting "aye",
adjourned the 949 Council meeting of February 17, 2009 at 9:14 p.m.
n
Tim O'Hare, Mayor
Cindee Peters, City Secretary
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