2011-02-15 CC Minutes
City of Farmers Branch
City Council Meeting Agenda
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, February 15, 2011
Study Session 4:00 P.M. Study Session Room
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
David Koch
Ben Robinson
The following members of the Administration were present:
City Manager Gary D. Greer
Assistant City Manager Sharma Sims-Bradish
Assistant City Manager Matt Benoit
City Secretary Cindee Peters
City Attorney Kevin Laughlin
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Fire Chief Steve Parker
Director of Equipment Services Kevin Muenchow
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Councilman Robinson gave the invocation and Councilwoman Holmes led the pledge of
allegiance.
B.2 CONSIDER ACCEPTING A DONATION FROM BLACKSON BRICK COMPANY
TO THE FARMERS BRANCH FIRE DEPARTMENT AND TAKE APPROPRIATE
ACTION.
Steve Parker, Fire Chief, explained Blackson Brick Company wishes to make a donation
of $27,000 in brick materials to the Farmers Branch Fire Department, Fire Station No.1
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building project. This gift represents Blackson Brick Company's support of the Fire
Department's efforts to make Farmers Branch a safer community in which to live and
work.
A motion by Councilwoman Holmes, a second by Councilman Koch, all voting "aye",
accepted the donation from Blackson Brick Company.
B.3 CONSIDER ACCEPTING A DONATION FROM METRO BRICK AND STONE
COMPANY TO THE FARMERS BRANCH FIRE DEPARTMENT AND TAKE
APPROPRIATE ACTION.
Steve Parker, Fire Chief, explained Metro Brick and Stone Company wishes to make a
donation of $13,650 in stone materials to the Farmers Branch Fire Department, Fire
Station No.I building project. This gift represents Metro Brick and Stone Company's
support of the Fire Department's efforts to make Farmers Branch a safer community in
which to live and work.
A motion by Councilman Robinson, a second by Councilman Koch, all voting "aye",
accepted the donation from Metro Brick and Stone Company.
B.4 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
Mayor O'Hare stated there were no appointments to be made tonight.
B.5 REPORT ON STUDY SESSION ITEMS.
The City Council gave a brief overview of items discussed in the Study Session.
B.6 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 announced that the groundbreaking for the new Fire Station would be on
Thursday at 1:30 p.m.
Mayor O'Hare reminded everyone that Senior Game Night would be held this Saturday
night.
City Manager Gary Greer gave the City Manager's report.
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Councilwoman Michelle Holmes reminded everyone of the Farmers Branch State of the
City to be held on Thursday night. Councilwoman Holmes stated the Farmers Branch
Chamber supports youth activities in our City.
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 Robinson, all voting
"aye", approved the Consent Agenda as submitted.
C.1 APPROVED MINUTES OF THE COUNCIL RETREAT MEETING OF
JANUARY 28, 2011 AND THE MINUTES OF THE FEBRUARY 8, 2011
MINUTES.
C.2 ADOPTED RESOLUTION NO. 2011-008 AUTHORIZING THE PURCHASE
/REMOUNT OF A 2011 AMBULANCE ON THE HOUSTON-GALVESTON
AREA COUNCIL OF GOVERNMENTS CONTRACT IN THE AMOUNT OF
$127,550.
C.3 ADOPTED ORDINANCE NO. 3126 AMENDING THE CITY'S 2010-11
FISCAL YEAR OPERATING BUDGET; DIRECTING THAT CITY
EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS
AMENDED.
ORDINANCE NO. 3126
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CITY'S 2010-2011 FISCAL YEAR OPERATING;
DIRECTING THAT CITY EXPENDI-TURES BE MADE IN
ACCORDANCE WITH THE BUDGET AS AMENDED; AND,
PROVIDING AN EFFECTIVE DATE.
D.1 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3128 GRANTING
A SPECIFIC USE PERMIT -INTERIM USE AND ASSOCIATED SITE PLAN TO
ALLOW OUTDOOR DISPLAY OF MERCHANDISE FOR A PERIOD OF NOT LESS
THAN THREE YEARS AT 3404 BELTLINE ROAD, SUITE 200, WITHIN THE
LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE
ACTION.
Andy Gillies, Planning Director, explained the subject property is located on the south
side of Beltline Road, between Enterprise Drive and Trend Drive. This property includes
an existing building containing approximately 95,000 square feet. The building has been
subdivided into two suites. Surplus Building Materials has recently moved into the
eastern suite, Suite 200. Suite 200 includes approximately 40,000 square feet of indoor
showroom and a fenced outdoor area approximately 7,000 square feet in area. The
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applicant is requesting permission to use this existing fenced area for the outdoor display
of building materials.
The Planning & Zoning Commission voted unanimously to recommend approval of the
proposed Specific Use Permit-Interim Use and associated Site Plan, for a period of not
less than three years, with the following conditions:
Outdoor display shall be limited to granite slabs and prefabricated granite materials.
No outdoor storage of any kind will be allowed.
The installation of one masonry dumpster enclosure on the eastside of the site shall be
completed before the Outdoor Display area can be used.
Mayor O'Hare opened the public hearing.
There followed a discussion concerning the items to be displayed outside which included
what would be displayed outside, sales tax, business operations, and the owner's
experience in this type business.
A motion by Mayor Pro Tern Froehlich, a second by Councilman Koch, all voting "aye",
continued the public hearing until March 1, 2011.
E.1 CONSIDER ADOPTING ORDINANCE NO. 3119 ISSUING THE ELECTION ORDER
FOR MAYOR AND PLACE 2 ON MAY 14, 2011 AND TAKE THE APPROPRIATE
ACTION.
Mayor O'Hare explained on May 14, 2011 an election for Mayor and Place 2 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 Mayor
and Place 2 will serve three-year terms.
Early voting shall be conducted in the City Hall on the following dates: Monday, May 2,
2011, and continue through Friday, May 6, 2011, between 8:00 a.m. and 5:00 p.m.;
Saturday, May 7, 2011, between 8:00 a.m. and 5:00 p.m.; Sunday, May 8, 2011, between
1:00 p.m. and 6:00 p.m.; and Monday, May 9, 2011, and Tuesday, May 10, 2011,
between 7:00 a.m. and 7:00 p.m.
A motion by Councilman Robinson, a second by Councilwoman Holmes, all voting
"aye", adopted Ordinance No. 3119 issuing the Election Order calling for a City Council
Election for Mayor and Place 2 to be held on May 14, 2011.
ORDINANCE NO. 3119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON
THE 14TH DAY OF MAY 2011, FOR THE PURPOSE OF ELECTING TWO
(2) MEMBERS OF THE FARMERS BRANCH CITY COUNCIL;
DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION
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TO BE GIVEN; AUTHORIZING EXECUTION OF JOINT ELECTION
CONTRACT; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
E.2 CONSIDER ADOPTING ORDINANCE NO. 3123 ORDERING AN ELECTION ON
PROPOSED AMENDMENTS TO THE CHARTER REGARDING TERM LIMITS
FOR MAYOR AND COUNCILMEMBERS AND TAKE APPROPRIATE ACTION.
Mayor Tim O'Hare stated he would like to send to the voters the possibility of term limits
for the Mayor and City Council
There following a brief discussion concerning the term limits proposed by the Mayor and
what other cities have in their city charter regarding term limits.
William Glancy, 3808 Wooded Creek, stated he was in favor of term limits for the City
Council.
A motion by Councilman Koch, a second by Councilman Scott, all voting "aye",
approved the following captioned Ordinance No. 3123 with amendments as read into the
record by City Attorney Pete Smith.
ORDINANCE NO. 3123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, ORDERING AN ELECTION ON PROPOSED
AMENDMENTS FOR THE HOME RULE CHARTER OF THE CITY OF
FARMERS BRANCH TO BE HELD ON MAY 14,2011; PROVIDING FOR
THE PUBLICATION AND POSTING OF NOTICE; PROPOSING
AMENDMENTS TO THE HOME RULE CHARTER OF THE CITY OF
FARMERS BRANCH; AUTHORIZING THE CITY MANAGER AND CITY
SECRETARY TO EXECUTE AN ELECTION AGREEMENT AND
ELECTION SERVICES CONTRACT WITH DALLAS COUNTY ELECTIONS
DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor O'Hare called for a recess at 7:02 and reconvened the meeting at 7:07 p.m.
E.3 CONSIDER ORDINANCE NO. 3125 CALLING A SPECIAL ELECTION ON A NON-
BINDING REFERENDUM FOR CREATING A FARMERS BRANCH MUNICIPAL
SCHOOL DISTRICT AND TAKE APPROPRIATE ACTION.
Mayor Tim O'Hare explained on December 21, 2010, the City Council voted to hold a
special election to consider whether the City of Farmers Branch should create a
municipal independent school district. This ordinance would order an election to be held
on May 14, 2011 for this purpose.
The followed a short discussion on the wording that would be on the ballot.
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A motion by Councilman Robinson, a second by Councilman Scott, adopted the
following captioned Ordinance No. 3125 as amended ordering an election to be held on
May 14, 2011.
ORDINANCE NO. 3125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS
BRANCH, TEXAS, ORDERING A SPECIAL ELECTION ON A NON-
BINDING REFERENDUM REGARDING ESTABLISHMENT OF A CITY OF
FARMERS BRANCH MUNICIPAL SCHOOL DISTRICT; AUTHORIZING
THE CITY MANAGER AND CITY SECRETARY TO EXECUTE AN
ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT WITH
DALLAS COUNTY ELECTIONS DEPARTMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
Councilwoman Holmes left the meeting at 7:13 p.m.
E.4 CONSIDER ADOPTING RESOLUTION NO. 2011-009 AUTHORIZING THE CITY
MANAGER TO PURCHASE THE SOFTWARE AND HARDWARE NEEDED TO
IMPLEMENT A COMPUTER AIDED DISPATCH (CAD) AUTOMATED VEHICLE
LOCATOR (AVL) SYSTEM FOR POLICE AND FIRE EMERGENCY RESPONSE
UNITS IN THE AMOUNT OF $138,875.22, UTILIZING FUNDS AWARDED FROM
THE 2009 INFRASTRUCTURE PROTECTION PROGRAM (IPP)-BUFFER ZONE
PROTECTION PLAN GRANT AND TAKE APPROPRIATE ACTION.
Sid Fuller, Police Chief, explained in 2009, the City applied for a Department of
Homeland Security Infrastructure Protection Grant. On May 10, 2010 notification was
received from the State of Texas that the grant request had been approved and funded.
As this Federal award is managed by the State of Texas, a sub-recipient agreement
between the State of Texas and the City of Farmers Branch was received. The awarded
amount was $193,702.50. There were no City matching funds required.
On June 15, 2010 City Council City adopted Resolution No. 2010-033 authorizing the
City to accept the Texas Division of Emergency Management 2009 Infrastructure
Protection Program (IPP) -Buffer Zone protection Plan Sub-Recipient Agreement.
A motion by Councilman Koch, a second by Mayor Pro Tem Froehlich, all voting "aye
adopted Resolution No. 2011-009
F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION
551.072.
Discuss purchase, exchange, lease or value of real property in the following areas: for the
area generally bounded by Midway Road, Valwood Parkway and Belt Line Road, I-635
and Denton Drive.
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Mayor O'Hare explained City Staff was present to update Council on this Executive
Session item.
G.I CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor O'Hare stated no action was necessary for the item discussed in Executive
Session.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilman Koch, all voting "aye",
adjourned the City Council meeting of February 15, 2011 at 7:16 p.m.
it
Tim O'Hare, Mayor Cindee Peters, City Secretary
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