By Mark Cerny

At the October 4, 2010 regular meeting of the Murphy City Council the Council held a joint session with the Community Events Committee to discuss Maize Days 2010; issued proclamations for Domestic Violence Awareness Week and Fire Prevention Week; approved a resolution designating investment officers and approved the investment policies for the investment of municipal funds; authorized the City Manager to enter into a professional services contract with Dunkin Sims Stoffels, Inc.; held separate public hearings to consider the proposed annexation of several tracts of land; approved a resolution authorizing the City Manager to execute a contract with Municipal Voice; passed an ordinance amending the Code of Civil Ordinances outlawing K2-type smoking products and related paraphernalia; and approved a resolution supporting the inclusion of certain substances into the list of controlled substances under State law.

The Council and the Community Events Committee members (Debbie Ison, Barbara Dube, Camille Hooper, Nancy Dinh, and Angelia Pinaga) discussed Maize Days 2010 with regards to the cancellation, decision, staff/Council/Committee input, and communication and roles. It was determined that further discussions were needed and that Council should provide direction, as needed, regarding the Committee’s role.

The Mayor and the Council issued proclamations for Domestic Violence Awareness Month and Fire Prevention Week. The proclamation for Domestic Violence Awareness Month was presented to Sushma Malhorta – President of Chetna, Sunshine Prior – Community Education Coordinator for The Turning Point, and Mili Guerrero – Legal Advocate at Hope’s Door. The proclamation for Fire Prevention Week was presented to Fire Chief Mark Lee.

Mr. Roger St. Martin addressed the Council in the public comment portion of the meeting. Mr. St. Martin expressed concern over the Council’s approval of the Reserve Fund being used to reduce property taxes.

The Council approved two resolutions presented on the Consent Agenda with a third reserved for executive session. The first, unanimously passed, approved a resolution designating investment officers of the City and approving the investment policies for the investment of municipal funds. The second, also passed unanimously, approved a resolution authorizing the City Manager to enter into a professional services contract with Dunkin Sims Stoffels, Inc., not to exceed $123,000, to design the first phase of the Murphy Community Park and the Maxwell Creek Trail Expansion Project.

The Council held the first of two public hearings on four separate tracts of land for the proposed annexation of the respective properties into the City of Murphy. The Council, as intended, took no action on any of the four tracts.

The first public hearing considered the proposed annexation of a tract of land, being part of the Isaac Herring Survey, Abstract No. 403, containing 18.00 acres of land, located on North Murphy Road (FM 2551), north of McWhirter Road. No public comments were submitted.

The second public hearing considered the proposed annexation of a tract of land, being part of the Mary Scott Survey, Abstract No. 859, containing 4.82 acres of land, located on Dublin Road, north of FM 544. Property owner Thomas James (Jeff) addressed Council and expressed opposition to annexation in terms of a financial burden to hook into the City’s sewer system. Mr. James offered to enter into an agreement with the City regarding non-development.

The third public hearing considered the proposed annexation of a tract of land, being part of the Daniel Herring Survey, Abstract No. 402, containing 12.22 acres of land, being located on Moonlight Drive, east of South Murphy Road. No public comments were submitted.

The fourth public hearing considered the proposed annexation of a tract of land, being part of the Mary Scott Survey, Abstract No. 859, containing 17.00 acres of land, being located on Heritage Parkway, north of FM 544. Paula Johnston, Murphy, addressed Council stating her family had purchased adjacent land in order to control development and preserve the land as is. Jerald Henninger, Parker, addressed Council stating he is using the land for agriculture and would like for it to remain so. He stated that his neighbors had purchased the land to prevent development. Bill Frizzell, Parker, addressed Council and stated the he began purchasing property in the area in 1964 and would like the property left alone.

The Council unanimously approved a resolution authorizing the City Manager to execute a contract with Municipal Voice. Municipal Voice will assist the City with its communication needs. Councilmember Daugherty noted the “evergreen” clause and clarified that the contract is basically “month-to-month.”

The Council approved, 6-1 (Daugherty in opposition) the amendment of Article II, Chapter 46 of the Code of Ordinances adopting Division 6 (Illegal Smoking Products and Related Paraphernalia). Chief of Police Cox noted that several nearby cities have passed ordinances to outlaw “K2” and related smoking substances. Some commentators have noted that “K2” and related substances are stronger intoxicants than marijuana. Councilmember Daugherty expressed that he would rather see the substances regulated instead of an outright ban. Councilmember Halbert agreed in principle that adults over a pre-determined age should be allowed to purchase the product. The Mayor understood the arguments, but preferred a ban.

The Council unanimously approved a resolution supporting the inclusion of K2-type substances onto the list of controlled substances under State law.

By Mark Cerny

During the September 25, 2010 regular 4B Community Development Corporation the directors discussed potential development projects and how to best coordinate with the Parks and Recreation Board to further the development of community assets. The directors also considered and voted on resolutions relating to the community recreation center project and registration fees for attending a conference in Grapevine.
Following discussion, the directors voted unanimously (Cary Walker, absent) to instruct staff to obtain specifications and bids on shade structures; to instruct staff to seek Council opinion on city entrance signage and if necessary to prepare RFP proposals; to request a list of priority items from the Parks and Recreation Board; and to work with PISD towards an agreement regarding proposed tennis court lighting.
The directors also voted unanimously (Cary Walker, absent) on a resolution of the Murphy Community Development Corporation undertaking a community recreation project; setting a public hearing in connection therewith; and approving and authorizing publication of notice of such public hearing. The public hearing on the community recreation project will take place on the Corporation’s next regular meeting, October 20, 2010 at 6:30 p.m. at 206 North Murphy Road.
Finally, the directors voted unanimously (Cary Walker, absent) on a resolution approving covering the registration fee for up to two directors to attend the ICSC Conference in Grapevine November 17-19, 2010.

By Mark Cerny 

At the September 27, 2010 regular meeting of the Murphy Planning and Zoning Commission the Commission nominated and elected a Chairman and a Vice Chairman and approved the construction plat for Maxwell Creek North for single-family use.
 The Chairmanship of the Commission was left vacant by the resignation of Gene Patterson.  By unanimous vote the Commission nominated and elected Vice Chairman John McKay to the position of Chairman. By unanimous vote the Commission nominated and elected Commissioner Julie Jones to the position of Vice Chairman.  
 The Commission voted unanimously to approve the Construction Plat for Maxwell Creek North, Phase 10C-1. The property is zoned PD (Planned Development) District No. 00-06-487 for Single Family Uses. This property is generally located southwest of the intersection of McMillen Road and Rosewood Drive.

By Mark Cerny

During the July 6, 2010 regular City Council meeting the council acted upon the recommendations from the Council Interview Panel regarding appointing or reappointing board members to various city corporations and boards; discussed a preliminary landscape design for the streetscape of FM 544; authorized the City Manager to enter into a contract with WHR Architects for Phase II design for the Old Murphy School Community Center Project; and held discussions pursuant to proposed City Charter amendments including the ethics ordinance and the draft governance policy.

By a vote of 5-1 (councilmember Bradley in opposition – councilmember Daniel absent) the council approved the following appointments, with terms to begin immediately:
• 4A Economic Development Corporation – Mike Smith, David Cooper, and Charles Buescher to a term ending 2012;
• 4B Community Development Corporation– Eric Hemphill, Brian Jones, and Brian Epstein to a term ending 2012;
• Board of Adjustments – Andrew Chase, Ty Holcomb, Scott Holden, and Christine Johnson to a term ending 2012 and Milkit Sroya as an alternate to fill an unexpired term ending 2011;
• Building and Fire Code Appeals Board – Donald Decker to a term ending  2012;
• Park and Recreation Board – Jasmine Bayliss, Cary Walker, Julia Baldwin, and Paula Harper to a term ending 2012 and Brian Jones and Eric Lopez to fill unexpired terms ending 2011;
• Planning and Zoning Commission – Ty Holcomb, Gene Patterson, John McKay, and Stephanie Merrifield to a term ending 2012 and Gus Delaloye and Jane Jan as alternates to fill unexpired terms ending 2011; and
• Animal Shelter Advisory Committee – Tammy Drake (Animal Control Officer – no term), Lorraine Chalkley, Dave Brandon, and Bobby Russel to a term ending 2012, and Beverly Mueller and Stephanie Pennington to a term ending 2012.
 
Kim Lenoir, Community Services Manager, presented the council with MESA Design Group’s landscape concept designs for the streetscape of FM 544. MESA was seeking council feedback for its initial plan outlining residential and civic core landscaping designed to give the impression of “driving through a landscape.” Following discussion the council advised that the MESA plan should focus on FM 544 median development that can be developed as quickly as possible without impacting road edgeways.
 
Lenoir next presented WHR Architects’ Phase II concept design for the Old Murphy School Community Center project. The council noted that the Park and Recreation Board and the 4A Economic Development Corporation had previously favorably reviewed the design concept. The council unanimously authorized moving forward with the concept as outlined, conditioned upon the city attorney’s review of the contractual relationship with WHR.
 
City Manager James Fisher reported on the Charter amendments, including the draft ethics ordinance and the draft governance policy. Following discussion over aspects of the amendments, which included the city’s complaint and hearing process, the applicability of Robert’s Rules of Order to council procedure, and the procedures for citizen input before and during council sessions, the council determined that the Charter Review Committee would be invited to attend the following Monday’s council work session to further discuss the amendments.

Murphy resident Don Kiertscher (pictured) addressed the council on his concerns regarding aspects of the governance policy on meetings and citizen input.

The next City Council meeting will be held on July 19th, 6 p.m., at City Hall.