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City Council

Regular Meeting

Farmers Branch, TX · May 21, 2013

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Minutes

City Hall City of Farmers Branch 13000 Wm. Dodson Pkwy. Farmers Branch, TX 75234 Meeting Minutes - Final City Council Tuesday, May 21, 2013 6:00 PM Council Chambers Study Session Meeting to be held at 4:00 PM in Study Session Room A. STUDY SESSION Presiding: 1 - Mayor William P. Glancy Present: 7 - Mayor Pro Tem David Koch, Deputy Mayor Pro Tem Tim Scott, Council Member Ben Robinson, Council Member Harold Froehlich, Mayor Pro Tem Jeff Fuller, Ana Reyes and Kirk Connally Staff: 17 - Gary D. Greer, Peter G. Smith, Angela Kelly, Andy Gillies, John Land, Rachael Johnson, Allison Cook, Jim Olk, Shane Davis, Kevin Muenchow, Mark Samuels, Randy Walhood, Sidney Fuller, Jeff Harting, Rick Chaffin, Tom Bryson and Tim Dedear Mayor Glancy called the Study Session Meeting to order at 4:02 p.m. A.1 Discuss regular city council meeting agenda items. F.4 - Council Member Fuller asked for clarification on the cost savings relating to the consolidated dispatch services. City Manager Gary Greer reported the cost savings referenced in the analysis is based over a twenty (20) year period of time. Council Member Fuller asked if the cost analysis included the cost of the facility. Mr. Greer reported the cost of leasing a facility had been included, and that the facility would also include an Emergency Operations Center (EOC). Council Member Fuller asked about the elimination of fifteen (15) positions from Farmers Branch. Mr. Greer stated the City's current employees would have the opportunity to be employed by the new center at wages and benefits closely aligned with current conditions. F.3 - Council Member Robinson asked what happens to all of the old computer equipment when its replaced. Mr. Greer reported it is recycled whenever possible. A.2 Receive an update on the sidewalk construction on Webb Chapel Road between Longmeade Drive and Golfing Green Drive. Gary Spoerl, Street Superintendent provided an update on the sidewalk construction project on Webb Chapel. City Council directed Staff Administration to move forward with the project. This Report was presented. A.3 Receive a presentation from the Family Advisory Board regarding a Friends of Farmers Branch Ambassador Program. City of Farmers Branch Page 1 City Council Meeting Minutes - Final May 21, 2013 Due to an unexpected illness, the presenter requested this item be rescheduled for a future meeting date. A.4 Receive an update on the “Out to Alarm Texas” smoke alarm distribution program. Deputy Chief Tim Dedear reported the "Out to Alarm Texas" smoke alarm distribution program was done as a community service project between the Farmers Branch Fire Department, R.L. Turner Wrestling Team and Boy Scout Troop 734. He stated seventy-six (76) smoke alarms in twenty-four (24) residences were installed. This Report was presented. A.5 Discussion of items to be placed on a future City Council meeting agenda (discussion is limited to determination of whether to place an item on a future City Council meeting agenda). The following items were discussed: -Rose Garden update on programs & activities -Central Area Plan review -Research of a site for an additional community garden -Discussion on regular meeting day and start time for City Council meetings A.6 Reception for newly elected City Council Members Ana Reyes and Kirk Connally. Mayor Glancy announced a reception for Ana Reyes and Kirk Connally would be held at 5:30 p.m. in the city hall lobby. The Mayor and City Council took a short recess at 5:03 p.m. Mayor Glancy called the Regular meeting to order at 6:02 p.m. B. INVOCATION & PLEDGE OF ALLEGIANCE Father Michael Forge from Mary Immaculate Church gave the Invocation. Mayor Glancy led the Pledge of Allegiance. C. CEREMONIAL ITEMS C.1 Consider approving Resolution No. 2013-032 canvassing the election returns of the May 11, 2013 General Election for City Council District 1 and City Council District 4 and take appropriation action, including swearing in of duly elected Council members. The official canvass, made and certified by Mayor Glancy for the City of Farmers Branch, Texas, of the returns of the general election held on May 11, 2013, for the purpose of electing one member to City Council District 1 and one member to City Council District 4 as reflected by results shown in Exhibit A. Ana Reyes, District 1, and Kirk Connally, District 4, signed their Statement of Officer and Oath. Mayor Glancy presented each with their Certificate of Election. City of Farmers Branch Page 2 City Council Meeting Minutes - Final May 21, 2013 A motion was made by Council Member Robinson, seconded by Council Member Fuller, that this Resolution be approved. The motion carried unanimously: Aye: 5- Mayor Pro Tem Koch, Deputy Mayor Pro Tem Scott, Council Member Robinson, Council Member Froehlich and Mayor Pro Tem Fuller C.2 Elect Mayor Pro Tem and Deputy Mayor Pro Tem. A motion was made by Council Member Connally, seconded by Council Member Froehlich, nominating Jeff Fuller as Mayor Pro Tem. The motion passed unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally A motion was made by Mayor Pro Tem Fuller, seconded by Council Member Reyes, nominating Kirk Connally as Deputy Mayor Pro Tem. The motion carried unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally C.3 Consider accepting a donation for the Farmers Branch Senior Center from the Woman’s Club and take appropriate action. Clare Connally, representing the Farmers Branch Woman's Club, presented a check to the City in the amount of $2,000. A motion was made by Council Member Froehlich, seconded by Mayor Pro Tem Fuller, that this Donation be accepted. The motion carried unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally C.4 Consider a proclamation recognizing the Metrocrest Chamber of Commerce’s Leadership Metrocrest Class XXIV for their completion of the program and impending graduation. Mayor Glancy presented a proclamation to members of the Metrocrest Chamber of Commerce for their Leadership Program Class XXIV. This Proclamation was presented. C.5 Consider proclaiming May as Motorcycle Safety and Awareness Month. Mayor Glancy presented a proclamation to Craig Westeroff recognizing May as Motorcycle Safety and Awareness Month. This Proclamation was presented. C.6 Consider Board and Commission appointments and take appropriate action. A motion was made by Council Member Robinson, seconded by Deputy Mayor Pro Tem Connally, Appointing the following: Library Board - Charles Sullivan City of Farmers Branch Page 3 City Council Meeting Minutes - Final May 21, 2013 Farmers Branch Local Government Corporation (FBLGC) - William Glancy, Ben Robinson, Gary Greer, Steve Parker, and Pam DeHon Community Watch Committee - Lib Grimmett The motion passed unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Reyes and Connally D. REPORT ON STUDY SESSION ITEMS Ben Robinson reported on the following: Sidewalks on Webb Chapel - City Administration provided an update on the sidewalk construction project on Webb Chapel. Staff Administration has been directed to move forward with the project. The presentation from the Family Advisory Board will be rescheduled for a future meeting. The "Out to Alarm Texas" program promotes the importance of regular maintenance of smoke alarms in homes. This year the R.L. Turner Wrestling Team & Boy Scout Troop 734, along with the Farmers Branch Fire Department, installed seventy-six (76) smoke alarms. E. ITEMS OF COMMUNITY INTEREST Council Member Robinson reported he attended an LBJ Express meeting. He stated the project is running ahead of schedule. Mayor Glancy reported staff was called into the Emergency Operations Center (EOC) today to prepare in case of inclement weather. City Manager Gary Greer presented the City Manager Report: Liberty Fest - will be held on May 25 at the Historical Park; there will be burgers & brews, kids activities, arts & crafts, and concerts featuring Easton Corbin, Jack Ingram, and Randy Houser Pictorial History of Farmers Branch - pre orders are on sale for $35 now through May 31; they will be $50 after Memorial Day Hours - most City offices and facilities will be closed on Monday, May 27; there will be no garbage collection on that day F. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Mayor Pro Tem Fuller, seconded by Council Member Froehlich, to approve Consent Agenda Items F.1 through F.4. The motion carried unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally F.1 Consider approval of minutes of the City Council meeting held on May 7, 2013 and take appropriate action. City of Farmers Branch Page 4 City Council Meeting Minutes - Final May 21, 2013 The Minutes were approved. F.2 Consider excusing the absence of Council Member Ben Robinson at the May 7, 2013 City Council meeting and take appropriate action. This Procedural Item was approved. F.3 Consider approving Resolution No. 2013-030 authorizing the City Manager to purchase one-hundred eight (108) desktops and twenty (20) laptop replacement computers in the total amount of $94,039.28 from Dell Computer Corporation utilizing the State of Texas Department of Information Resources contract pricing for automated information systems and take appropriate action. This Resolution was approved. F.4 Consider approving Resolution No. 2013-031 authorizing the City Manager to proceed with the necessary action for consolidated dispatch services and take appropriate action. This Resolution was approved. G. PUBLIC HEARINGS G.1 Consider adopting Ordinance No. 3228 for a Specific Use Permit allowing a detached accessory building greater than 120 square feet in area, located at 3646 Janlyn Lane, and within the One-Family Residential District 3 (R-3) and take appropriate action. Andy Gillies, Planning and Zoning Director, reported the applicant is proposing a pergola type structure with timber columns, a shingle roof, and electricity. The applicant was present for the meeting. Mayor Glancy opened the public hearing, and with no one wishing to speak he closed the public hearing. A motion was made by Deputy Mayor Pro Tem Connally, seconded by Council Member Froehlich, that this Ordinance be adopted. The motion carried unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally H. REGULAR AGENDA ITEMS H.1 Consider reinstatement of a Citizen Participation item to the regular agenda for each City Council meeting. Mayor Pro Tem Fuller stated he would like Citizen Participation to be reinstated to allow citizens the opportunity to be heard. Council Member Froehlich asked why it was removed. City Manager Gary Greer reported at the time the City was first involved in lawsuits there was some incorrect information being exchanged and it City of Farmers Branch Page 5 City Council Meeting Minutes - Final May 21, 2013 was difficult for Council not to respond, even though legally you are not to do so. It was removed so Council Members stayed within the law. Council Member Robinson also reported there was some campaigning being done during Citizen Participation and that there were some inappropriate comments being made. Mayor Pro Tem Fuller suggested including a three (3) minute time limit for individual speakers. A motion was made by Mayor Pro Tem Fuller, seconded by Deputy Mayor Pro Tem Connally, that Citizen Participation be reinstated. The motion carried unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally H.2 Consider appointment of additional members to serve on the Charter Review Committee and take appropriate action. Mayor Pro Tem Fuller stated there were additional members to add to the Charter Review Committee. A motion was made by Council Member Reyes, seconded by Mayor Pro Tem Fuller, adding the following persons to serve on the Charter Review Committee: Carol Dingman Bruce Woody Vernon Smith Amelia Baladez Rafael Cazares Bill Phelps Jerry Murawski Jesse Sprague The motion carried with the following vote: Nay: 1- Council Member Robinson Aye: 4- Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally I. EXECUTIVE SESSION Mayor Glancy read the Agenda for items on Executive Session . The City Council convened into Executive Session at 7:52 p.m. I.1 Discuss pending and contemplated litigation - Texas Government Code Section 551.071: (a)Discuss pending litigation styled City of Lewisville v. City of Farmers Branch, et. Al., Civil Action No. 4:12-cv-00782 in the U.S. District Court (E.D. Texas - Sherman Division). (b)Private consultation with the City Attorney on a matter requiring confidential, attorney/client advice the disclosure of which would result in a clear conflict between the Texas Government Code Chapter 551 and the duty of the City Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Farmers Branch Page 6 City Council Meeting Minutes - Final May 21, 2013 I.2 Discuss land acquisitions - Texas Government Code Section 551.072: Discuss the purchase, sale, exchange, lease or value of real property in the following area - for the area generally bounded by I-35, Valwood Parkway, Josey Lane, and I-635. The City Council concluded Executive Session at 8:50 p.m. J. THE CITY COUNCIL RECONVENES INTO OPEN SESSION The City Council reconvened into open session at 8:50 p.m. No action was taken on Executive Session items. K. ADJOURNMENT A motion was made by Deputy Mayor Pro Tem Connally, seconded by Mayor Pro Tem Fuller, that this meeting be adjourned. The motion carried unanimously. Aye: 5- Council Member Robinson, Council Member Froehlich, Mayor Pro Tem Fuller, Council Member Reyes and Deputy Mayor Pro Tem Connally The meeting adjourned at 8:50 p.m. _______________________________________ William P. Glancy, Mayor ATTEST: _______________________________________ Angela Kelly, City Secretary City of Farmers Branch Page 7

Agenda

City Hall City of Farmers Branch 13000 Wm. Dodson Pkwy. Farmers Branch, TX 75234 Meeting Agenda - Final City Council Tuesday, May 21, 2013 6:00 PM Council Chambers Study Session Meeting to be held at 4:00 PM in Study Session Room Hard copies of the full City Council agenda packet are accessible prior to every regularly scheduled Tuesday Council meeting according to the following locations and schedule : 1) Manske Library on the Saturday prior to the meeting 2) Justice Center on the Friday evening prior to the meeting 3) City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City’s web site at www.farmersbranch.info after 10 a.m. on the day of every regularly scheduled City Council meeting. This download may be accessed from any computer with Internet access, including computers at the Manske Library and in the lobby of City Hall. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. Any individual who wishes to speak on an agenda item should fill out a Registration Form for Appearance before City Council (white card located in the back of the Council Chambers) and submit the completed card to the City Secretary or City staff member prior to the start of the City Council meeting. Those individuals will be recognized during the meeting at the time the agenda item is presented. Any individual who wishes to place an item on a future City Council agenda should fill out a Request for Future City Council Agenda Item (blue card also located in the back of the Council Chambers). Completed cards should be submitted to the City Secretary. A. STUDY SESSION A.1 Discuss regular city council meeting agenda items. A.2 TMP-0132 Receive an update on the sidewalk construction on Webb Chapel Road between Longmeade Drive and Golfing Green Drive. A.3 TMP-0128 Receive a presentation from the Family Advisory Board regarding a Friends of Farmers Branch Ambassador Program. A.4 TMP-0122 Receive an update on the “Out to Alarm Texas” smoke alarm distribution program. City of Farmers Branch Page 1 Printed on 8/22/2013 City Council Meeting Agenda - Final May 21, 2013 A.5 Discussion of items to be placed on a future City Council meeting agenda (discussion is limited to determination of whether to place an item on a future City Council meeting agenda). A.6 TMP-0134 Reception for newly elected City Council Members Ana Reyes and Kirk Connally. B. INVOCATION & PLEDGE OF ALLEGIANCE C. CEREMONIAL ITEMS C.1 TMP-0117 Consider approving Resolution No. 2013-032 canvassing the election returns of the May 11, 2013 General Election for City Council District 1 and City Council District 4 and take appropriation action, including swearing in of duly elected Council members. C.2 TMP-0118 Elect Mayor Pro Tem and Deputy Mayor Pro Tem. C.3 TMP-0114 Consider accepting a donation for the Farmers Branch Senior Center from the Woman’s Club and take appropriate action. C.4 TMP-0129 Consider a proclamation recognizing the Metrocrest Chamber of Commerce’s Leadership Metrocrest Class XXIV for their completion of the program and impending graduation. C.5 TMP-0040 Consider proclaiming May as Motorcycle Safety and Awareness Month. C.6 TMP-0116 Consider Board and Commission appointments and take appropriate action. D. REPORT ON STUDY SESSION ITEMS E. 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. F. CONSENT AGENDA F.1 TMP-0119 Consider approval of minutes of the City Council meeting held on May 7, 2013 and take appropriate action. F.2 TMP-0135 Consider excusing the absence of Council Member Ben Robinson at the May 7, 2013 City Council meeting and take appropriate action. City of Farmers Branch Page 2 Printed on 8/22/2013 City Council Meeting Agenda - Final May 21, 2013 F.3 TMP-0095 Consider approving Resolution No. 2013-030 authorizing the City Manager to purchase one-hundred eight (108) desktops and twenty (20) laptop replacement computers in the total amount of $94,039.28 from Dell Computer Corporation utilizing the State of Texas Department of Information Resources contract pricing for automated information systems and take appropriate action. F.4 TMP-0121 Consider approving Resolution No. 2013-031 authorizing the City Manager to proceed with the necessary action for consolidated dispatch services and take appropriate action. G. PUBLIC HEARINGS G.1 13-SU-03 Consider adopting Ordinance No. 3228 for a Specific Use Permit allowing a detached accessory building greater than 120 square feet in area, located at 3646 Janlyn Lane, and within the One-Family Residential District 3 (R-3) and take appropriate action. H. REGULAR AGENDA ITEMS H.1 TMP-0127 Consider reinstatement of a Citizen Participation item to the regular agenda for each City Council meeting. H.2 TMP-0130 Consider appointment of additional members to serve on the Charter Review Committee and take appropriate action. The Mayor announces that the items of the agenda for the Regular Session have been concluded. After a short recess, the meeting will convene for items in the Executive Session. The meeting will then reconvene into open Regular Session after the items have been discussed in the Executive Session to consider any necessary action. The City Council may convene into closed Executive Session for any of the Executive Session items listed below at anytime during the City Council Study Session or the City Council Regular Meeting. I. EXECUTIVE SESSION I.1 TMP-0089 Discuss pending and contemplated litigation - Texas Government Code Section 551.071: (a)Discuss pending litigation styled City of Lewisville v. City of Farmers Branch, et. Al., Civil Action No. 4:12-cv-00782 in the U.S. District Court (E.D. Texas - Sherman Division). (b)Private consultation with the City Attorney on a matter requiring confidential, attorney/client advice the disclosure of which would result in a clear conflict between the Texas Government Code Chapter 551 and the duty of the City Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Farmers Branch Page 3 Printed on 8/22/2013 City Council Meeting Agenda - Final May 21, 2013 I.2 TMP-0120 Discuss land acquisitions - Texas Government Code Section 551.072: Discuss the purchase, sale, exchange, lease or value of real property in the following area - for the area generally bounded by I-35, Valwood Parkway, Josey Lane, and I-635. J. THE CITY COUNCIL RECONVENES INTO OPEN SESSION K. ADJOURNMENT Farmers Branch City Hall is wheelchair accessible. Access to the building and special parking are available at the main entrance facing William Dodson Parkway. Persons with disabilities planing to attend this meeting who are deaf, hearing impaired or who may need auxiliary aids such as sign interpreters or large print, are requested to contact the City Secretary at (972) 919-2503 at least 72 hours prior to the meeting. Certification I certify that the above notice of this meeting was posted on the bulletin board at City Hall on Friday, May 17, 2013 by 4:00 p.m. ______________________________________________ Angela Kelly, City Secretary City of Farmers Branch Page 4 Printed on 8/22/2013

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