2016-02-16 CC Minutes City Council Minutes February 16, 2016
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City of Farmers Branch Farmers Branch City Hall 13000 Wm Dodson Pkwy
Farmers Branch,Texas
75234
FARIVIERS Meeting Minutes
BRANCH
City Council
Tuesday,February 16,2016 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 Tern Kirk Connally, Deputy Mayor Pro
Tern Harold Froehlich, Council Member John
Norwood, Council Member Ana Reyes, Council
Member Mike Bomgardner
Staff: 16 - Gary D. Greer City Manager, Pete Smith City
Attorney, Amy Piukana City Secretary, John Land
Managing Director Operations, Shawna Eikenberry
Management Analyst, Charles Cox Managing
Director, Brian Beasley Human Resource Director,
Allison Cook Economic Development Manager,
Shane Davis Environmental Services & Solid Waste
Manager; Katy Evans Environmental Health
Manager, Andy Gillies Director of Community
Services, Alexis Jackson Planning Manager, Jeff
Harting Parks & Recreation Director, Steve Parker
Fire Chief, Tim DeDear Deputy Fire Chief, Randy
Walhood Public Works Director
A. STUDY SESSION
Mayor Phelps called the meeting to order at 4:01 p.m.
A.1 16-045 Discuss regular City Council meeting agenda items.
Council Member Bomgardner pulled Agenda Item H.4, Resolution No. 2016-018
authorizing the construction of the .Joint Fire Department. Council Member
Bomgardner had questions regarding the type of fuel system being used and the
annual maintenance cost. Chief Parker explained propane tanks are being used and
costs would be minimal.
City Council Minutes February 16, 2016
Council Member Bomgardner asked if the facility is leasable to other cities and what
the life expectancy is of this facility. Chief Parker explained the facilities Will be
leasable to other cities and noted life expectancy could be 40 plus years as long as
maintenance is kept up.
Council Member Bomgardner pulled Item H.5, regarding update on the Bureau of Land
Management Gas Leases for parcels located at Lake Lewisville. Council Member
Bomgardner asked what options the city has regarding this item. Chief Parker explained
the City Council will review this item to consider a possible letter of opposition.
A.2 16-044 Receive a presentation regarding Texas Municipal Settings
Designation Program.
Managing Director Charles Cox introduced Mr. David Rodriguez, Senior Regional
Manager of Texas Municipal Retirement System (TMRS) who briefed City Council
regarding Farmers Branch benefits through TMRS.
City Council members discussed the option to reduce retirement years from 25 to 20
years and the effects of these changes. No changes were recommended.
A.3 16-021 Receive a report on Municipal Settings Designation Program
Environmental Health Manager Katy Evans briefed City Council regarding the
Municipal Settings Designation (MSD) Program. Ms. Evans explained MSD is an
official state designation given to properties within a municipality that certifies
designated groundwater on the property will not be used as potable water and
prohibits future use.
Ms. Katy Evans noted the city has been approached by several developers that have
expressed interest in three sites in Farmers Branch. Ms. Evans noted these sites
include GNB Battery Plant, the old dry cleaner at Josey and Valley View, and the east
side truck yard storage area at Tuesday Morning location.
Council discussed liabilities, future development using the MSD designation, and costs
associated with the application and environmental studies on the properties.
Council Member Norwood recommended that the applicant pay all fees associated
with studies through the application fee process in order to recoup costs incurred by
the city.
A.4 16-052 Receive a presentation of the Police Traffic Stop Data Analysis report
for calendar year 2015, as required by the Texas Code of Criminal
Procedures, Section 2.132.
Police Chief Sid Fuller briefed City Council regarding the Police Traffic Stop Data
Analysis report (Racial Profiling Analysis) for calendar year 2015 noting the city is
compliant and received no complaints regarding racial profiling.
City Council Minutes February 16, 2016
A.5 16-055 Discuss Public Improvement District Bonds and Tax Increment
Reinvestment Zone.
Mayor Phelps addressed City Council regarding his concerns with a developer who has
expressed interest in developing a PID project on the West Side, and campaign finance
funding donations from this developer to certain elected officials.
After discussion, the City Attorney advised City Council Members that the item being
discussed is regarding Public Improvement District Bonds and Tax Increment
Reinvestment Zone subject matters.
City Attorney Pete Smith introduced Prosecutor Evan Fisher with Nichols, Jackson,
Dillard, Hager & Smith, LLP, who serves as the City Prosecutor.
A.6 16-046 Discuss agenda items for future City Council meetings.
Council Member Reyes asked that Curbside Recycling Committee be discussed as a
future agenda item to consider as a standing committee to evaluate recycling
sustainability. Council Member Bomgardner asked for a future agenda item to discuss
recycling drop off locations for Oakbrook. Council Member Norwood asked that
Oakbrook infrastructure be added as a future agenda item. City Manager Gary Greer
noted Oakbrook Infrastructure has been added to the March 8, 2016, agenda for City
Council discussion.
City Council recessed at 5:20 p.m. into closed Executive Session to discuss the
following items:
Council may convene into a closed executive session pursuant to Section 551.071 of
the Texas Government Code to deliberate regarding:
• Consultation with City Attorney regarding Texas Commission on
Environmental Quality (TCEQ) Report No. 119885 relating to TCEQ
Permit Nos. 5383 and 5383A to Town of Addison for use of water in
Farmers Branch Creek, pending TCEQ Complaint regarding Farmers
Branch Creek and related mediation.
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 known
as a portion of the Robert J.West Survey Abstract No. 1576, also known
as 13605 Webb Chapel, Famers Branch, Texas
City Council recessed from Executive Session at 5:57 p.m.
REGULAR MEETING—
Mayor Phelps called the Regular meeting to order at 6:05 p.m.
City Council Minutes February 16, 2016
B. INVOCATION & PLEDGE OF ALLEGIANCE—
Council Member Norwood provided the invocation and led the pledge of allegiance.
C. REPORT ON STUDY SESSION ITEMS —
Council Member Bomgardner provided a brief summary report regarding Study
Session items.
D. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
City Manager Greer gave a report and reviewed the following items of community
interest.
• AT HOME will be taking over the large retail space on Midway at LBJ, previously occupied
by WalMart.
• The Farmers Branch Aquatics Center's Dive in Movies will be held Saturday, February
20th at the Margaret Young Natatorium. Beginning at 6:30 p.m.
• Coffee with a Cop is coming up on Saturday, February 27 from 9 am. until 10 a.m. at the
Victoria restaurant, 13435 Bee Street.
• The Community is seeking applicants to fill vacancies on the Community Watch
Committee and youth vacancies on the Family Advisory Board.
E. CITIZEN COMMENTS
There were no citizens that wished to speak under this item.
F. CONSENT AGENDA
F.1 16-047 Consider approving minutes of the Regular City Council meeting
held on February 2, 2016; and take appropriate action.
F.2 16-049 Consider excusing the absence of Council Member John
Norwood from the February 2, 2016 City Council meeting; and
take appropriate action.
F.3 R2016-022 Consider approving Resolution No. 2016-022 authorizing the
purchase of digital video storage hardware, implementation
services, and support in an amount not to exceed $60,000 from EST
Group; and take appropriate action.
F.4 R2016-023 Consider approving Resolution No. 2016-023 awarding a contract to
Stark Built, LTD for concrete sidewalk gap in-fills and concrete
sidewalk repairs through a Local Government Purchasing
Cooperative contract; and take appropriate action.
F.5 ORD-3357 Consider adopting Ordinance No. 3357 abandoning a sanitary sewer
easement on Lots 1, 2, and 5, Block B, The Centre; and take
appropriate action.
City Council Minutes February 16, 2016
Motion to approve Consent Agenda Items F.1 thru F.5 made by Deputy Mayor Pro
Tern Froehlich. Motion seconded by Council Member Reyes. Motion prevailed by the
following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
These items were approved.
G. PUBLIC HEARINGS
G.1 TMP-1596 Conduct a public hearing and consider a request for final plat
approval of Lots 1-34, Block A and Lot 1X, Block B of Vita on Spring
Valley addition; and take appropriate action.
Community Services Director Andy Gillies briefed City Council regarding the proposed
final plat. Mr. Gillies noted the applicant is final platting the property in order to construct
future townhomes. Texas Local Government Code requires a public hearing for all
residentially zoned replats that do not vacate a preceding plat.
Mayor Phelps opened the public hearing. There were no citizens that wished to speak.
After discussion, Council Member Norwood moved to close the public hearing and approve
Lots 1-34, Block A and Lot 1X, Block B of Vita on Spring Valley addition, as presented.
Motion seconded by Mayor Pro Tern Connally. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
G.2 ORD-3356 Conduct a public hearing and consider adopting Ordinance No. 3356
amending Planned Development No. 88 (PD-88) by rezoning an
approximate 30.1 acre site from "Commerce" subdistrict to "Mid
Density Residential" subdistrict and establishing a Conceptual Site
Plan for a new multi-family residential community containing
approximately 840 dwelling units. This site is located along the
future Knightsbridge Road, approximately 600 feet east of Luna
Road; and take appropriate action.
Director of Community Services Andy Gillies briefed City Council regarding this item
noting this is a PD-88 Zoning. Mr. Gillies noted the applicant is rezoning from Commerce
to Mid Density Residential in order to develop a multi-family Community that will include
(3) and (4) story high buildings with approximately 840 total dwelling units.
Mr. Gillies noted the Conceptual Site Plan includes the following exceptions:
Exception #1 —Allowing the leasing office combined with the clubhouse to exceed
7,500 square feet in area; the applicant is proposing this combination of large amenity
City Council Minutes February 16, 2016
centers for both phases.
Exception #2—Allowing more than 85% of the proposed building façade facing future
Knightsbridge Road to be located off of the Required Building Line (RBL) as shown on
the Conceptual Site Plan:
Mr. Gillies noted that the Planning and Zoning Commission recommended approval.
The Applicant with JPI provided a presentation reviewing the following information: JPI's
history, recent projects, rent comparisons, market demands, standards, and designs.
After discussion, Mayor Phelps opened the public hearing. There were no citizens that
wished to speak.
Deputy Mayor Pro Tem Froehlich moved to close the public hearing. Motion second by
Mayor Pro Tern Connally. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
After discussion, Council Member Reyes made a motion to approve, Ordinance No.
3356, as presented. Motion seconded by Deputy Mayor Pro Tern Froehlich. Motion
prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
This item was approved.
H. REGULAR ITEMS
H.1 ORD-3355 Consider adopting Ordinance No. 3355 calling for a Bond Election in
the total amount of$12,400,000 for the purpose of Fire Station No. 2,
relocation in the amount$5,500,000, Justice Center improvements in
the amount of$2,700,000,to be held within the City on May 7, 2016,
making provisions for the conduct of the election and other
provisions relating thereto; and take appropriate action.
Managing Director Charles Cox briefed City Council regarding this item. Mr. Cox noted
the proposed ordinance and ballot language, has been prepared by the City's bond
counsel Bracewell & Giuliani, LLP who is present to answer any questions.
Council Member Reyes had questions regarding the location of the Fire Station #2, and
asked if voter referendum is required for this park land area. City Attorney Pete Smith
replied this park land does not require a voter referendum.
City Council Minutes February 16, 2016
City Council discussed the options to have the Bond Committee review and prioritize
bond items, and combine recommendations into (1) bond election.
The following citizen wished to speak regarding this item:
Resident Becky Fisher, President of the Animal Shelter Advisory Committee, spoke in
support of the expansion of the Animal Center Adoption Center bond item.
Mayor Pro Tem Connally had questions regarding the Bond Committee's structure,
asking for clarification if the Bond Committee is restricted to review Quality of Life Bonds.
City Attorney Pete Smith read aloud the resolution creating the Bond Committee, noting
it is not limited to strictly Quality of Life Bond items, but open to all bond types.
After discussion, Council Member Norwood made a motion to deny Ordinance No. 3355,
and direct the City Manager to review the list of Justice Center improvements and bring
forward funding options this year which would allow any funding methods to be used for
immediate needs for Public Safety which include certificates of obligation. Motion
seconded by Council Member Reyes. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
This item did not pass.
H.2 R2016-20 Consider approving Resolution No. 2016-020 accepting a grant from
the Criminal Justice Division of the Governor's Office for Body-Worn
Cameras in the amount of$29,400 and authorizing a 25% grant match
of$7,350 from the City; and take appropriate action.
Police Chief Sid Fuller briefed City Council regarding this item. Chief Fuller noted these.
cameras enhance officer, interactions with the public and allow evidence to be captured
in the field.
After discussion, motion made by Deputy Mayor Pro Tern Froehlich to approve Agenda
Item H.2, Resolution No. 2016-020 and Agenda Item H.3, Resolution No. 2016-021,
as presented. Motion seconded by Council Member Bomgardner. Motion prevailed
by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
This item was approved.
H.3 R2016-021 Consider approving Resolution No. 2016-021 authorizing the City
Manager to negotiate a contract for the purchase of body worn
City Council Minutes February 16, 2016
cameras and associated video equipment and accessories in an
amount not to exceed $142,400; and take appropriate action.
This item was approved in one motion with Item H.2.
H.4 R2016-018 Consider approving Resolution No. 2016-018 authorizing the
construction of the Farmers Branch, Carrolton, and Coppell Joint
Fire Training Facility to be located at Fire Station No. 3 in an amount
not to exceed $2,383,750; and take appropriate action.
Fire Chief Steve Parker briefed City Council providing a power point presentation
reviewing the project. Chief Parker noted the City Council approved an interlocal
agreement to fund, build, and operate the joint fire training facility. He noted City of
Farmers Branch has an assigned shared cost of 26.80% and is responsible for
scheduling the use of the facility.
Chief Parker noted City Administration recommends approving Resolution No. 2016-
018, authorizing the construction of the Joint Fire Training Facility: Farmers Branch,
Carrollton, & Coppell in the amount of$2,383,750.00.
After discussion, Council Member Reyes made a motion to, approve Resolution No.
2016-018, as presented. Motion seconded by Mayor Pro Tern Connally. Motion
prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
H.5 16-054 Discuss and consider action resulting from update on the Bureau of
Land Management Gas Leases for parcels located at Lake
Lewisville; and take appropriate action.
Chief Parker introduced Emergency Management Coordinator Ashley Feryan who
briefed City Council regarding this item. Ms. Ferryan noted the United States
Department of Interior Bureau of Land Management plans to auction oil and gas leases
for its holdings under Lake Lewisville. Ms. Ferryan noted the concerns are related to
drilling, environmental effects such as water quality, safety, and possible seismic activity
as a result of drilling. Ms. Ferryan further explained there are risks to the Lewisville dam
which have not been adequately considered.
After discussion, Mayor Phelps directed City Staff to submit a letter of opposition. Motion
made by Deputy Mayor Pro Tem Froehlich. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich,
Council Member Reyes, Council Member Norwood and
Council Member Bomgardner
Mayor Phelps recessed for a (10) minute break at 7:25 p.m.
City Council Minutes February 16, 2016
Mayor Phelps reconvened into Executive Session at 7:37 p.m.
EXECUTIVE SESSION
1.1 16-004 Council may convene into a closed executive session pursuant to
Section 551.071 of the Texas Government Code to deliberate regarding:
• Consultation with City Attorney regarding Texas
Commission on Environmental Quality (TCEQ)
Report No. 119885 relating to TCEQ Permit Nos.
5383 and 5383A to Town of Addison for use of water
in Farmers Branch Creek, pending TCEQ Complaint
regarding Farmers Branch Creek and related
mediation.
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 known as a portion of the Robert J.
West Survey Abstract No. 1576, also known as
13605 Webb Chapel, Famers Branch, Texas
Mayor Phelps recessed from Executive Session at 9:03 p.m. and
reconvened into Open Session at 9:04 p.m.
J. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION
NECESSARY AS A RESULT OF THE CLOSED SESSION
City Council took no action as a result of Executive Session.
K. ADJOURNMENT—
Council Member Bomgardner made a motion to adjourn. Motion seconded by Council
Member Reyes. The meeting adjourned at 9:08 p.m.
Bob Phelps, Mayor
ATTEST:
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Amy Piukai., City Secretary