2015-11-17 CC Minutes1
FARMERS
BRANCH
Tuesday, November# 7., 2015
City of Farmers Branch
Meeting Minutes
City Council
Farmers Branch City Hall
13000 Wm Dodson Pkwy
Farmers Branch, Texas
75234
6:00 PM Council Chambers
Study Session Meeting to be held at 4:00 PM in the Study
Session Room
Presiding: 1 - Mayor Bob Phelps
Present: 5 - Mayor Pro Tem Kirk Connally, Deputy Mayor Pro Tem
Harold Froehlich, Council Member Ana Reyes, Council
Member John Norwood, Council Member Mike
Bomgardner
Staff: 18 - Gary D. Greer City Manager, Amy Piukana City Secretary
Shawna Eikenberry Management Analyst; John Land
Managing Director Operations, Pete Smith City Attorney,
Brian Beasley Human Resource Director, Allison Cook
Economic Development Manager, Environmental Services
& Solid Waste Manager Shane Davis; Andy Gillies Director
y Harting of_. Community Services, Jeff Hartin Parks.__ & Recreation
Director, Steve Parker Fire Chief, Randy Walhood Public
Works Director, Alexis Jackson Planning Manager; Mark
Young Assistant Police Chief
A. STUDY SESSION
Mayor I 11_ f1L...1.. P� meeting at 4 opened the Study Session meeting at 4 p.m.
A.1 15 -165 Discuss regular City Council meeting agenda items.
Mayor Pro Tem Connally discussed Agenda Item 1.2, considering Resolution No. 2015-
118 authorizing the City Manager to negotiate and execute an agreement with Community
Waste Disposal for residential, city facility solid waste collection and recycling collection
services. City Council discussed the pricing of blue bags, reviewing optional cost
differences, and off street parking and its effects on carts. Council Member Bomgardner
discussed the option to allow some citizens to have trash bag pickup, however; it was
noted that residents would be required to purchase bags from a local retailer. Council
Member Norwood asked that options be to opt in or completely opt out. Council Member
Norwood asked for a more efficient approach, explaining the city has fiscal constraints
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and noted the landfill is unable to expand. He further stated that other cities have
successful programs. Deputy Mayor Pro Tem Froehlich discussed the option to sell the
curbside recycling program instead of mandating an option. Council Member Bomgardner
recommended Operational Scenario #1 noting it's the most fiscally responsible decision.
He further stated the right thing to do is begin a recycling program now.
Council Member Reyes asked the City Attorney if certain information regarding Camelot
landfill can be released. The City Attorney replied noting the City Council can convene
into a closed Executive Session to discuss this item further.
A.2 15 -161 Discuss Bond proposal process and timeline.
Management Analyst Shawna Eikenberry presented a timeline showing the bond process
which included the formation of a bond committee. Ms. Eikenberry reviewed timelines and
possible dates of holding a 2016 Bond Election. Ms. Eikenberry reviewed timelines and
possible dates of City Council actions. Ms. Eikenberry explained subcommittees could be
created noting planning sessions may be necessary. She further explained ongoing
communications will be required to report on bond projects and progress. Council Member
Norwood asked if funds need to be allocated. Ms. Eikenberry noted costs would be
minimal, explaining the City is limited and cannot push for bond issues and only provide
facts. Mr. Greer noted a marketing effort is normally provided from a private community
group.
Council Member Norwood suggested limiting the scope in order to meet the short
deadlines to hold a bond election.
After discussion, Council agreed to move forward and create a bond committee to review
public safety needs for a May 2016 Bond Election, and have a separate group that could
focus on broader long term bond election issues.
A.3 15 -170 Discuss future Justice Center Improvements.
Police Chief Sid Fuller introduced Deputy Chief Mark Young who provided details
regarding the Justice Center improvements. Deputy Chief Young explained the 9/11
attacks have changed law enforcement needs. He further stated that the jail needs many
updates which include more lockers, a door for Police briefing room, additional cameras
and bullet proof security glass. He further stated the new Marshall will need an office.
Deputy Chief Young explained Gallagher Group, a consultant has reviewed and provided
a preliminary estimate of approximately $5 million for a total renovation.
Council Member Reyes expressed support regarding moving forward with a Public Safety
bond noting in her opinion, this is a liability and the city is responsible for the safety and
welfare for Law Enforcement.
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Council Member Norwood discussed operational costs and options to fund through
Certificate of Obligations. After discussion, City Council agreed to move forward with a
Public Safety Bond initiative to include both Police and Fire with the target date of May
2016 for a Bond Election.
A.4 5 -168
Discuss possible Charter Amendments to provide for the
appointment of the City Attorney by City Council and
discuss staggering City Council elections.
City Attorney Pete Smith briefed City Council regarding this item. City Council discussed
the savings of changing the cycle of elections. Deputy Mayor Pro Tenn Froehlich
recommended not amending the charter of one single item, suggesting focusing on the
Public Safety bond issues. He further stated that there could be a separate approach to
look at a possible charter amendment for May 2017.
City Attorney Pete Smith reviewed his duties as City Attorney noting his loyalty and service
is to the organization, explaining he could amend the contract to clarify and state these
conditions. City Council agreed that an amended contract for the City Attorney's legal
services could be approved without requiring a charter amendment.
A.5 15 -166 Discuss agenda items for future City Council meetings.
Council Member Reyes asked for a future item regarding Code Enforcement updates.
Deputy Mayor ProTem Froehlich asked for a future item to discuss the renaming of the
Jeff Fuller City Park and City Facility. Council Member Bomgardner asked for a future
discussion item regarding garbage and recycling strategy updates.
City Council skipped to Agenda item J:1.
J.1 15 -169
City Council may convene into a closed executive session pursuant to
Section 551.072 of the Texas Government Code to deliberate regarding:
Discuss the purchase, exchange, lease, or sale of real property located
east of George Bush Turnpike, south of Valwood Parkway and
Brookhaven Club Drive, west of Marsh Lane, and north of 1635.
City Council recessed at 5:20 p.m. into closed executive session pursuant to Section
551.072 of the Texas Government Code to deliberate regarding: Discuss the purchase,
exchange, lease, or sale of real property located east of George Bush Turnpike, south of
Valwood Parkway and Brookhaven Club Drive, west of Marsh Lane, and north of 1635.
City Council also recessed into a closed executive session pursuant to 551.071(2) for the
purpose of seeking confidential legal advice from the City Attorney regarding Agenda Item
Number 1.2, Consider approving Resolution No. 2015 -118 authorizing the City Manager
to negotiate and execute an agreement with Community Waste Disposal for residential,
city facility solid waste collection and recycling collection services; and take appropriate
action.
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Mayor Phelps opened the meeting at 6 p.m.
B. INVOCATION & PLEDGE OF ALLEGIANCE
The Invocation and Pledge of Allegiance was led by Reverend Alexander.
C. CEREMONIAL ITEMS
C.1 15 -164 Presentation of awards for the Fire Prevention Poster Contest
winners.
Mayor Phelps introduced Deputy Chief Tim Dedear, Wendi Kimpton presented awards
to Fire Prevention Poster Contest winners.
Third Place: Jaycob Juarez; Julissa Casas; Ariel Harris; Fulton Lawrence; Lizeth Andrade;
Miguel Wood
Second Place: Hazel Galeana; Jully Huynh; Alexandra Hernandez; Mackenzie Burkhart;
Addison Derrick; Ari Piller
First Place: Ariana Loredo; Melissa Lopez; Audrey Abud; Samantha Groman
Perla Ayala; Ava Holman
Best of Show: Melissa Lopez from William CabeII Elementary
C.2 15 -171 Consider Board and Commission appointments; and take
appropriate action.
Motion made by Council Member Froehlich to appoint the following Board and Commission
Members:
Community Watch Committee:
Charles S. Barton, Place 4, for an unexpired term ending 6/30/17
Family Advisory Board:
Brad Pinkston, Place 12, for an unexpired term ending 6/30/17
Motion seconded by Mayor Pro Tem. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem
Froehlich, Council Member Reyes, Council Member
Norwood and Council Member Bomgardner
D. REPORT ON STUDY SESSION ITEMS
Mayor Pro Tem Connally briefed City Council regarding study session items discussed.
E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
City Manager Gary Greer announced the following community interest events:
TOUR OF LIGHTS / TREE LIGHTING
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The Annual Farmers Branch Christmas Tour of Lights opens the day after Thanksgiving on
Friday, November 27. The lights will be on every night through December 30 with the Historical
Park portion of the tour closed on December 5 & 25 only. And, don't forget the annual
Christmas Tree Lighting Event, coming Saturday, December 5 at the Historical Park..
STAFF NOTES
Congratulations to Parks and Recreation Program Manager Mitzi Davis for being elected to
her hometown Sports Hall of Fame. The Alexander County, North Carolina Sports Foundation
will induct Mitzi and four others in ceremonies in Taylorsville, North Carolina on Monday.
Congratulations to those officers promoted this week at the Farmers Branch Fire Department.
They include Captain James Dennis, Lieutenant Jason Shelby and Drivers Dan Briles and
Bryan Hardy. In addition, two new Firefighter /Paramedics were sworn in. They are Jacob Little
and Joshua Turner.
STARCENTER OPEN HOUSE
The Dallas Stars will conduct their annual practice at our Dr. Pepper Star Center as part of an
Open House on Wednesday, November 25. The Stars will practice between 9 a.m. and 1 p.m.
Additionally, there will be a live broadcast from Sports Radio 1310, The Ticket from 10 until
noon; a girls' hockey clinic from 1 until 2; and, free public skating from 1:15 to 2:45 p.m.
Admission is free.
THANKSGIVING CLOSINGS
All City of Farmers Branch offices and facilities will be closed on Thursday, November 26 in
observance of the Thanksgiving holiday. On Friday, November 27, most offices remain closed
except for the Community Recreation Center and Margaret Young Natatorium, both open from
6 a.m. until 5 p.m. and the Historical Park, open 8 a.m. until 5 p.m. There will be no garbage
pickup either day and the Citizen Collection Center will be closed.
BOARDS & COMMISSIONS
The City is always looking for civic - minded residents who want to give back by donating their
time to serve on one of our boards and commissions. Right now, we have vacancies on the
Community Watch Committee :-But even if your interest lies elsewhere, we'd like to hear from
you so we know who we can call when future spots open up. Please call the City Secretary's
office at 972.919.2503 or come by City Hall.
F. • CITIZEN COMMENTS
This agenda item provides an opportunity for citizens to address the City Council on any matter
that is not posted on the agenda. Anyone wishing to address the City Council should complete
a Citizen Comments Registration Card and submit it to the City Secretary or City Administration
prior to the start of the City Council meeting. There is a three (3) minute time limit for each
citizen to speak. Anyone wishing to speak shall be courteous and cordial. No disparaging or
inflammatory remarks directed at any member of the City Council or City staff will be allowed.
The City Council is not permitted to take action on any subject raised by a speaker during
Citizen Comments. However, the City Council may have the item placed on a future agenda
for action; refer the item to the City Manager and /or City Administration for further study or
action; briefly state existing City policy; or provide a brief statement of factual information in
response to the inquiry.
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The following citizens wished to speak: None.
G. CONSENT AGENDA
G.1 15 -167
G.2 R2015 -117
G.3 R2015 -124
G.4 R2015 =119
G.5 ORD -3349
Consider approving minutes of the City Council retreat held on
October 27, 2015 and the regular City Council meeting held on
November 3, 2015; and take appropriateaction.
Consider approving Resolution No. 2015 -117 authorizing the City
Manager to execute a Professional Services Agreement with Clear
Technologies, Inc. for IBM iSeries midrange system administration,
management and monitoring services in an amount not to exceed
$99,000; and take appropriateaction.
Consider. approving Resolution No. 2015 -124 an interlocal agreement
between City of Farmers Branch and Dallas County for Health and
Human Services; and take appropriate action.
Consider approving Resolution No. 2015 -119 authorizing a contract
with DFW Services, LLC for large water meter replacement at various
locations; and take appropriate action.
Consider adopting Ordinance No. 3349 amending the Code of
Ordinances by amending Chapter 2, Article III, Code of Ethics;
establishing new ethical standards of conduct applicable to City
Officers; providing fora complaint process for violation of the Code
of Conduct; and take appropriate action.
G.6 R2015 -120 Consider approving Resolution No. 2015 -120 adopting and
authorizing the publication and distribution of a new ethics
handbook for City Council and City Board and Commission
members, and take appropriate action.
G.7 R2015 -121
Consider approving Resolution No. 2015 -121 authorizing the
execution of a Residential Demolition Rebuild of property located at
14127 Tanglewood Drive repealing Resolution No. 2015 -107; and
take appropriate action.
Motion made by Mayor Pro Tem Member Connally to approve Consent Items G.1 through
G.7. Motion seconded by Council Member Bomgardner. Motion prevailed by the following
vote:
Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem
H. PUBLIC HEARINGS
H.1 ORD -3348
Froehlich, Council Member Reyes, Council Member
Norwood and Council Member Bomgardner
Conduct a public hearing and consider adopting Ordinance No.
3348 changing the zoning of an approximate 4.11 acre tract from
Light Industrial to Planned Development No.98 (PD -98) for property
located at 14570 Landmark Boulevard; and take appropriate action.
Community Development Director Andy Gillies briefed City Council regarding this item
noting the applicant, JPI Real Estate Acquisition, is requesting a rezoning (PD -98) in order
to develop a five (5) story multi - family apartment complex with approximately 334 units.
Mr. Gillies noted the site is located partially in the Town of Addison and a portion in
Farmers Branch. Mr. Gillies reviewed the proposed site plan, elevation, parking,
conceptual trail plan, and site photographs. Mr. Gillies noted every apartment will have a
balcony or patio area for residents.
Council Member Bomgardner asked how many total units will be constructed. Mr. Gillies
replied 242 one bedrooms and 334 total units.
Deputy Mayor ProTem Froehlich asked about the value and total cost of the project. The
applicant stated the estimated construction cost is $55 million noting the target
construction date is the fourth quarter in 2016.
Council Member Reyes asked about future development plans regarding the property
located east of this site. Mr. Gillies replied that a 6 story building and parking structure
would be located east of the site.
Mr. Matt Brindel with JPI Real Estate Acquisition presented a PowerPoint presentation.
Mr. Barry Knight representing JPI Real Estate Acquisition spoke regarding specifics to the
project and vision of the area noting work, live and play was the goal. Mr. Knight reviewed
the noise decibels and briefed City Council regarding the OncorTrail noting JPI will provide
20% funding to the project.
Council Member Norwood asked if Town of Addison had already approved the zoning of
the portion located in Addison. The Applicant stated the parking area is the only portion
located in Town of Addison therefore; rezoning was not necessary. Council Member
Norwood asked if noise from Addison airport will affect the development. The Applicant
explained noise is mitigated with office locations nearby, noting it shouldn't be an issue.
Council Member Bomgardner asked if being located near offices would have a negative
effect on the development. The applicant replied that the goal is to live, work, and play in
Farmers Branch and stated he feels the location near offices would be beneficial to the
sustainability of the development.
Deputy Mayor Pro Tem Froehlich asked why this location was chosen. The Applicant
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stated offices nearby and tollway access support this type of development in the area.
Mayor Phelps opened the Public Hearing. There being no citizens that wished to speak,
Mayor Pro Tem Connally motioned to close the public hearing. Motion seconded by
Deputy Mayor Pro Tem Froehlich. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem
Froehlich, Council Member Reyes, Council Member
Norwood and Council Member Bomgardner
Motion to approve made by Deputy Mayor Pro Tem Froehlich, seconded by
Council Member Bomgardner. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem
Froehlich, Council Member Reyes, Council Member
Norwood and Council Member Bomgardner
1. REGULAR AGENDAITEMS
1.1 15 -162 Presentation of Zero Waste Community Plan from Mr. John Bushe
representing Zerowasteadvocacy.com.
Mr. John Bush representing Zerowasteadvocacy.com briefed City Council regarding his
company who offers a Zero Waste Community Plan. Mr. Bush explained he is conducting
a social marketing campaign to help spread the message of zero waste to local
communities. Mr. Bush provided a power point presentation regarding his services. Mr.
Bush provided an estimated cost of his services at approximately $19,500.
City Council took no action regarding this item.
1.2 R2015 -118 Consider approving Resolution No. 2015 -118 authorizing the City
Manager to negotiate and execute an agreement with Community
Waste Disposal for residential, city facility solid waste collection and
recycling collection services; and take appropriate action.
Managing Director John Land provided a brief overview regarding this item. Mr. Land
reviewed the following operational scenarios noting Option 1 came in below budget.
(Option 1) Once per week garbage and recycling, both in large rollout carts.
• Using 95 gallon carts for garbage and recycling
• Assume 15% of houses will need 2 carts.
(Option 2) Garbage once per week in bags (potential storage issue)
• Recycling once per week in carts
(Option 3) Garbage twice a week in bags
• Recycling once a week in carts
(Option 4) Garbage twice a week in bags
• Recycling once per week in blue plastic bags (2 Companies "No Bid" this item)
(Option 5) Current Service
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Mr. Robert ter Kuile representing the Farmers Branch Curbside Recycling Committee
briefed City Council regarding this item. Mr. Robert ter Kuile reviewed the positive effects
of providing curbside recycling. He further stated that a city survey was done and results
indicated the needs for curbside recycling and improved city services, noting Option 1
provides these results. He further stated that many cities have already switched in order
to cut cost and provide better services to their residents. Mr. Robert ter Kuile stated Option
1 . was _. the .r ecommendation . from _the_Recycling Committee._ He further___stated that . the
committee recommended creating a sustainability committee to explore cost reduction
activities.
Council Member Bomgardner asked Mr. Robert ter Kuile if he had heard of a program used
by City of Dallas which has an internal material recovery facility. Mr. Robert ter Kuile stated
he was unaware of this program.
Council Member Reyes asked the applicant to explain how recycling has changed. Mr.
Robert ter Kuile explained more people are involved, containers are bigger, and these
types of changes will require citizens to be informed and utilize this service to allow more
sustainability.
Council Member Norwood asked if residents are currently using the brown bags. Shane
explained they are used by many residents since it's a free option.
Council Member Reyes asked what type of technology will be used to collect garbage and
recycling on narrow streets. Mr. Davis explained rear loaders will be used, carts will need
to be strategically placed and this will require residents to be educated and informed
regarding pickup requirements.
Council Member Reyes asked what the biggest complaint was with the current service.
Mr. Davis stated the majority of the complaints received were regarding time of collection.
Mr. Davis stated an Ordinance would be drafted to address the residence needs.
Council Member Bomgardner asked what percentage of trash falls into a recycling
category and what the future of the next 20 years. Mr. Davis stated about 40% of the waste
material is recyclable. He further stated that Farmers Branch utilizes a very small portion
of the landfill volume and noted it would take a large scaled recycling program to have a
large impact on the life of Camelot Landfill. Mr. Davis states there is an offset of cost for
less items brought to the landfill.
Council Member Reyes asked about disabled citizens who might not be able to take out a
95 gallon cart. Mr. Davis replied a list is currently kept and special consideration would be
available on a case by case scenario.
The following citizens wished to speak:
Bill Phelps, 3135 Rolling Knoll Court, spoke in opposition
Judy Bird, 2980 Eric, spoke in opposition
Mike Del Valle, 3161 Whitemarsh, spoke in opposition
Beth Weems Pirtle, 3130 Berrymeade Drive, spoke in opposition
Betty Supinski, 13232 Kerr Trail, spoke in opposition
Mike Harrison, 3706 Ridgeoak Way, spoke in opposition
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Steven Morrison, 2909 Bergen, spoke in opposition
Pat Edmiston, 14215 Tanglewood Drive, spoke in opposition
William Glancy, 3808 Wooded Creek, spoke in opposition
John H. Wells, 13521 Heartside Place, spoke in opposition
Rick Johnson, Harris Drive, spoke undecided
Kathleen Matsamura, 3938 Clubway Lane, spoke in support
Laurel Garcia, 13510 Glenside Drive, spoke in support
The following citizen(s) did not wish to speak, however; submitted in writing a record of
opposition:
Robert and Calla Davis, 2828 Selma Lane, opposed
Mr. Davis addressed questions noting the MRF (material recovery facility) Waste
Management used is located in Arlington. Mr. Davis explained recycling is not mandatory,
however, the goal is to provide an option to recycle. Mr. Davis stated he will work with
Code. Enforcement to discuss cart standards. The future Ordinance will specify the
required cart locations.
Council Member Reyes asked if sacks would be picked up. Mr. Davis replied that we need
to minimize cost, and be consistent. City Manager Gary Greer explained if containers are
chosen, we can negotiate the option to pick up all trash no matter if it was in bags or carts
as a service to our citizens.
Council Member Bomgardner asked about comments made by citizens, asking where the
surveys came from. Mr. Davis states the results are from a 2014. City Survey explaining
random people were surveyed, by phone, by website, and by mail.
Council Member Norwood explained we must look at what is (1) most fiscally responsible
2) long term effects 3) and what does industry provide to us. He further explained that if
we wait it will cost more. Council Member Norwood explained trash service is not free,
citizens pay about $25 dollars per household, noting half comes out of tax dollars and half
out of the profit of other cities using our landfill. He further explained that times have
changed and Option 1 is the most fiscally responsible decision.
Deputy Mayor Pro Tem Froehlich spoke in opposition to using carts and pick up one day
a week, stating in his opinion, this will be a Code Enforcement issue. He further stated
that other options are available that would allow curbside recycling.
After discussion, Council Member Norwood made a motion to approve. Motion seconded
by Council Member Reyes. Motion prevailed by the following vote:
Aye: 3 - Council Member Reyes, Council Member Norwood
and Council Member Bomgardner
No: 2 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem
Froehlich
This item passed by vote of 3 -2.
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J. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION,
NECESSARY AS A RESULT OF THE CLOSED SESSION
Deputy Mayor Pro Tem Froehlich moved to approve the building at 13611 Heartside
Place, Farmers Branch, Texas, be declared a dangerous structure and that the City
Manager be authorized to take such action on behalf of the City as may be reasonable
and necessary to purchase Lot 25, Block 3 of Valwood Park — Seventeenth installment,
an addition to the City of Farmers Branch, Dallas County, Texas for a purchase price not
to exceed $81,000.00 plus standard closing and acquisition costs and to sign, or authorize
the City's agent to sign, such other agreements, documents, and any amendments
thereto, as the City Manager, in consultation with the City Attorney, deems reasonable
and necessary with respect to the closing of said transaction. Motion seconded by Council
Member Norwood. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem
Froehlich, Council Member Reyes, Council Member
Norwood and Council Member Bomgardner
K. ADJOURNMENT - The Meeting adjourned at 8:50 p.m.
Bob Phelps, Mayor
,.TRMC; City Secretary