2016-10-03 CC Minutes City Council Minutes October 3, 2016
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City Council
Monday,October 3,2016 6:00 PM Council Chambers
Study Session Meeting to be held at 3:00 PM in the Study Session Room
Presiding: 1 - Mayor Bob Phelps
Present: 5 - Mayor Pro Tem Harold Froehlich, Deputy Mayor Pro
Tern Ana Reyes, Council Member John Norwood,
Council Member Terry Lynne, Council Member Mike
Bomgardner
Staff: - Charles Cox City Manager, John Land Deputy City
Manager,Amy Piukana City Secretary, Pete Smith City
Attorney, Tom Bryson Communications Director, Mark
Young Deputy Police Chief, Stephanie Hall Economic
Development Assistant, Andy Gillies Community
Services Director, Randy Walhood Public Works
Director, Hugh Pender Building Official, Shane Davis
Environmental Services and Solid Waste Manager,
Steve Parker Fire Chief, Tim Dedear Deputy Fire
Chief/Fire Marshal, Brian Beasley Human Resource
Director, Sherrelle Evans-Jones Finance Director, Jeff
Harting Parks and Recreation Director, Mitzi Davis
Project Manager for Parks and Recreation
A. STUDY SESSION
Mayor Phelps called the meeting to order at 3:00 p.m.
A.1 16-254 Discuss regular City Council meeting agenda items.
Council Member Bomgardner asked for clarification regarding Agenda Item G.4,
Resolution No. 2016-092 authorizing the release of parking and cross access
easements. Deputy City Manager John Land explained the easements are no longer a
benefit to the City, noting the City Attorney has reviewed and approved the releases.
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Council Member Bomgardner asked for clarification regarding surface parking on
Agenda Item G.5. Mr. Gillies explained the surface parking requested meets City
criteria and is consistent with the Ordinance already approved.
A.2 16-260 Briefing by City Administration regarding regulations for the sale and
consumption of alcoholic beverages for onsite consumption.
Planning Manager Alexis Jackson briefed City Council noting the existing regulations
consist of onsite consumption of alcohol. She noted a Specific Use Permit is required with
60% of food to beverage ratio. She further explained in a qualified restaurant a bar area
cannot exceed 20% of the restaurant area. She further stated no restaurant is to be
located within 300 ft. of a single family dwelling district, a church, school, and hospital or
city park, except when the property is located within Planned Development District. Ms.
Jackson explained in Part I, staff recommends amending Ordinance No. 2768 allow 60%
food 40% beverage allowed by right. Ms. Jackson explained in Part 2, two overlays are
being proposed for Pike Street and Boardwalk, noting these will be considered
entertainment districts. Ms. Jackson stated anything less than 60% food and 40%
beverage would be allowed by right, and this change would allow opportunities for future
breweries, sports pubs and restaurants. Ms. Jackson explained Part 3 is a
recommendation to amend the Comprehensive Zoning Ordinance to allow a new brewery
definition and allow by right in a Light Industrial and Heavy Industrial Zoning, and with a
SUP in LR-2 (Local Retail). Ms. Jackson summarized noting staff recommends amending
Ordinance No. 2768 which regulates "Qualifying Restaurants"from SUP to be allowed by
right City-Wide. She further stated by creating two overlay entertainment districts, that
allows less than 60% food and 40% beverage ratio by right, and amend the
Comprehensive Zoning Ordinance definition to allow brewery for on premise consumption.
After discussion, City Council recommended moving forward with the proposed Alcohol
Overlay for bars. Also, the City Council will review an ordinance amendment to allow
qualifying restaurants 50% food and 50% beverage ratio without a specific use permit.
Mayor Phelps skipped to Agenda Item A.7.
A.7 16-267 Discuss Oakbrook Homeowners Association request for
infrastructure improvement assistance.
City Manager Charles Cox provided history of Oakbrook discussion noting the Oakbrook
Homeowner's Association agreed to fund an Engineering Study. Mr. Cox explained the
engineering study was completed to review the water and sewer main ownership
delineation and review the 5 year water line repair history and replacement costs. Mr. Cox
noted Binkley and Barfield, Inc. cost projections for water and wastewater line replacement
are $1,140,100, which includes individual unit metering. He noted street replacement
costs are $1,268,745. Mr. Cox noted this includes six private Oak Streets. He further
stated (3) three streets are constructed of concrete, and (3) three streets are constructed
of asphalt. He noted the concrete streets are in good condition however; the asphalt
streets are in need of major repairs. Mr. Cox explained when using City funds for private
use, it's at Council's discretion.
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After discussion, City Council decided to create a subcommittee with two Council
Nom Members (Council Member Bomgardner and Council Member Lynne) who will meet with
City Leaders and the Oakbrook Homeowner's Association.
Mayor Phelps recessed into closed executive session at 4:26 p.m. to discuss the following
item.
J.1 16-258 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.
Mayor Phelps recessed from Executive Session at 5:13 p.m. and took a short break.
Mayor Phelps called the meeting back to order to discuss Study Session items at 5:18
P.m.
A.3 16-259 Receive a presentation regarding entry monument sign concepts.
Deputy City Manager John Land and Mr. Brad Moulton with Lattera briefed City
Council regarding this item. Mr. Land explained the goal of the project is to create
a comprehensive set of design recommendations and prototype strategies for
aesthetics to be applied to gateway features throughout the city. He further stated
these prototypes will include a palette of materials and colors along with a basic
planting scheme where applicable, and locations for identity elements will be
identified and evaluated for a specific design response.
Council Member Bomgardner asked about sign durability and replacement if
vandalized. Mr. Moulton explained due to the sign location, vandalization would
be difficult noting they will be placed in high traffic locations. He further stated,
these signs are very durable and could be repaired or replaced quickly.
Mayor Pro Tem Froehlich asked if signs would have lighting. Mr. Moulton
explained back lighting or up lighting could be added to enhance night vision of the
entrance signs.
After discussion, Council agreed to move forward with the entry monument sign
design and staff explained the new signs would be placed at Marsh Lane and LBJ
Freeway.
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A.4 16-251 Receive an update regarding the City of Farmers Branch Demolition mai
Rebuild Program.
Economic Development Director Allison Cook provided an update regarding the
Demolition Rebuild Program. Ms. Cook explained the City has received 45 demolition
rebuild applicants with original improvement value totals of $3,979,894, and actual and
estimated new improvement value totals of $13,300,730 with $18,461,640 increase in
values. Ms. Cook reviewed the two program options the City currently provides. Ms. Cook
explained the real value and value on the application are used for statistics. Council
Member Bomgardner asked how the program could be expedited. Ms. Cook explained
she served on the Residential Bond Sub Committee and noted one recommendation was
to utilize a cash grant from $5,000 to $10,000 to help demolish more homes. She further
stated marketing efforts have increased for this program.
Council Member Lynne suggested marketing to the parents at the nearby schools would
be another option.
Deputy Mayor Pro Tem Reyes asked if signage will be used to market the property. Ms.
Cook explained there is no signage for the demolition rebuild program since the City
doesn't own the property.
Mayor Pro Tern Froehlich suggested expanding the program to include inherited property,
foreclosed property, and hoarder houses. He explained this would give the homeowner
the option to tear down the house and sell the property. Mr. Land explained he will work
with the City Attorney on a possible Economic Development incentive program that would
allow a return on investment to the City.
Mayor Phelps recessed at 5:56 p.m. from Study Session.
Mayor Phelps called the regular meeting to order at 6:02 p.m.
B. JNVOCATION &PLEDGE OF ALLEGIANCE
Council Member Bomgardner led the invocation and provided the Pledge of Allegiance.
C. CEREMONIAL ITEMS
C.1 16-261 Presentation of a proclamation designating the month of October 2016
as "Fire Prevention Month" in Farmers Branch.
Mayor Phelps presented a proclamation to Fire Chief Steve Parker designating the month
of October 2016 as "Fire Prevention Month" in Farmers Branch.
D. REPORT ON STUDY SESSION ITEMS
Deputy Mayor Pro Tern Reyes provided a report on study session items.
E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
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"r City Manager Charles Cox announced the following items of community interest:
• There is still time to register your neighborhood parties for National Night Out, tomorrow night, Tuesday,
October 4. All neighborhoods are invited to get together and spend the evening outdoors to present a
united front against crime in our residential areas. Block parties are encouraged to register at
972.919.9304. Registered parties will have members of the Police and Fire Departments along with
elected officials and members of the City staff come by to say hello.
• Vouchers are still available for this weekend's Dallas County Household Hazardous Waste collection
event to be held in Farmers Branch on Saturday, October 8. Residents can pick up vouchers here at
City Hall on a first-come, first-served basis until they are gone. Call Public Works for more information
at 972.919.2597.
• Big things are happening the weekend of October 14th and 15th with:
o Bloomin' Bluegrass Free Music Festival and Chili Cookoff, starting on Friday, October 14th and
continuing all day Saturday, October 15th.World-class Bluegrass musicians will be joined at the
Historical Park by world-class chili cooks from across Texas and beyond. Check out all the
activity at bloominbluegrass.com.
o The Senior Center offers residents a chance for a head start on holiday shopping at their annual
Craft Fair on Saturday, October 15th from 9 a.m. to 4 p.m.
o And, our annual Celebration of Roses also takes place that Saturday with activities in and
around Gussie Field Watterworth Park happening between 8:30 a.m. and 4 p.m. Log on at
fbroses.com.
• Then, mark your calendars for the "Murder & Mayhem" tours at the Historical Park on Thursday and
Friday, October 27th and 28th, leading into our annual Halloween in the Park event on Saturday, October
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• Police Chief David Hale has promoted Dean Habel to the position of Deputy Chief and Jimmy Lee to
Lieutenant. Both officers are veteran members of the Farmers Branch Police Department.
Congratulations to both!
••• • You can sign up for eNews at farmersbranchtx.gov to have current City news and information delivered
directly to your eMail box.
F. CITIZEN COMMENTS
There were no citizens that wished to speak under citizen comments.
G. CONSENT ITEMS
G.1 16-252 Consider approving minutes of the special called City Council meeting
held on September 20, 2016; and take appropriate action.
G.2 16 PL-004 Consider approving a request for final plat of QT 999 Addition, Lot 1
and Lot 2, Block A; and take appropriate action.
G.3 ORD-3391 Consider adopting Ordinance No. 3391 approving the 2016 tax roll
certified by the Dallas Central Appraisal District; and take appropriate
action.
G.4 R2016-092 Consider approving Resolution No. 2016-092 authorizing the Release
of Parking and Cross Access Easements affecting property generally
located at 14065 Dennis Lane and adjacent City owned property; and
take appropriate action.
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G.5 R2016-090 Consider approving Resolution No. 2016-090 granting a Detailed Site
Plan for a multifamily community located at the future extension of
Knightsbridge Road; and take appropriate action.
Motion made by Mayor Pro Tem Froehlich to approve Consent Items G.1 through G.5, as
presented. Motion seconded by Council Member Bomgardner. Motion prevailed by the
following vote:
Aye: 5 - Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
H. PUBLIC HEARINGS
H.1 ORD-3390 Conduct a public hearing and consider adopting Ordinance No. 3390
amending Planned Development District 88 (PD-88) for Tract 3 and
adopting a Conceptual Site Plan for the property located at 4100 and
4141 Blue Lake Circle and 4020, 4040 and 4100 McEwen Drive; and take
appropriate action.
Mayor Phelps announced this is a continued public hearing from the September 20, 2016
City Council meeting. Community Services Director Andy Gillies briefed City Council
regarding this item. Mr. Gillies explained the applicant, Provident Realty Advisors, is
proposing to develop a mid-density residential community containing approximately 260
dwelling units on approximately 8.7 acres. This community will consist primarily of one r.r
and two bedroom units. Mr. Gillies explained the proposed site plan was designed to
complement the existing communities on both sides. He explained special design
considerations were made to take advantage of the two major amenities: the new lake on
the side of the property and a proposed linear park on the western side of the property.
Mr. Gillies noted the entire site is bordered on all sides by trails, and connects with the
surrounding multifamily developments. He further explained this new community will
include an amenity center located along Knightsbridge Road. He further stated the center
will include a leasing office and clubhouse with a community pool and outdoor area
orientated towards the linear park. He noted the estimated cost for the proposed
development is approximately $36 million. He explained the proposed community will be
served by 416 on-site parking spaces with a combination of "tuck-under" garages (96
parking spaces) and surface parking lots (317 parking spaces). All buildings will have
"tuck-under" garages that will be connected into a common semi-open hallway system.
The proposed Conceptual Site Plan contains approximately 26% landscaped open space.
Mr. Gillies noted five(5)zoning notification letters were mailed to the surrounding property
owners on August 12th, 2016, and as of September 1st, no letters of opposition have been
received.
Council Member Bomgardner asked if elevators would be available and if hallways would
be air conditioned. Mr. Gillies explained no elevators are proposed for this project and
hallways would be open but air conditioned.
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Mayor Phelps asked if an elevator was required for three (3) story developments. Mr.
mom Gillies replied four (4) stories require an elevator.
Mayor Phelps announced this is a public hearing. There being no one to speak, Mayor
Pro Tern Froehlich made a motion to close the public hearing. Motion seconded by
Council Member Lynne. Motion prevailed by the following vote:
Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
Council Member Lynne made a motion to adopt Ordinance No. 3390, as presented.
Motion seconded by Council Member Bomgardner. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
I. REGULAR AGENDA ITEMS
1.1 16-243 Informational video presentation regarding Carrollton-Farmers Branch
Independent School District's financial structure.
Dr. Bobby Burns, Superintendent with Carrolton Independent School District (CFBISD)
provided an informational video presentation regarding the Carrollton-Farmers Branch
... Independent School District's financial structure. Ms. Tonya Tillman, Associate
Superintendent for Business Services briefed City Council regarding the school's
proposed financial structure.
Council Member Bomgardner asked for clarification regarding the 11 cents proposal
asking how many come back. Ms. Tillman explained the School District would keep $17
million out of$22 million. She further stated many other pieces are occurring which offset
the revenue table. She noted the recapture on the pennies are $6 million dollars.
Council Member Lynne noted he attended a school board meeting where CFBISD
refinanced debt,which saved$13 million dollars, asking where those funds were allocated.
Ms. Tillman explained the dollars saved will go towards future debt service tax rates.
Council Member Bomgardner asked if CFBISD has any future plans to invest in Farmers
Branch. Dr. Burns stated the quality of an organization cannot exceed the quality of your
staff. He further stated these funds will be used for maintenance and operation costs to
provide quality staffing and stay competitive in the metroplex area.
Council Member Lynne asked if teachers would be laid off if the tax rate increase does not
pass. Dr. Burns replied layoffs are not an option. Council Member Lynne asked if a 3%
pay increase would still be provided to teachers. Dr. Burns replied the 3% pay increase
has been included in the proposed budget. Council Member Lynne asked if the proposed
budget is balanced. Dr. Burns replied the budget is balanced.
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Deputy Mayor Pro Tern Reyes asked for more explanation regarding tax exemptions. Dr. irr
Burns explained residents that are 65 yrs. of age and older, their taxes are frozen.
Council Member Norwood asked if option 2, to increase the number of students is being
pursued. Ms. Tillman noted in the district, an increase of students has declined over the
past two years, noting projections for 2018 -19 show an increase. Ms. Tillman noted a
meeting after the election will be held to discuss future plans including the budget. Dr.
Burns noted CFBISD has worked with neighboring residents that do not feed into the
school district and have offered open enrollment to assist the numbers.
Council Member Norwood asked about the homestead exemption, noting CFBISD
appears to be the largest portion, he noted he has the lowest homestead exemption,
asking if this is consistent with other schools around the state. Ms. Tillman explained this
is mandated by the State.
Resident Michelle Holmes spoke in opposition to the proposed tax increase and expressed
disappointment in the explanation provided.
1.2 R2016-085 Consider approving Resolution No. 2016-085 authorizing execution of
a Residential Demolition/Rebuild Program Incentive Agreement for the
owner of the property located at 12951 Epps Field; and take appropriate
action.
Economic Development Director Allison Cook briefed City Council regarding the item. Ms.
Cook noted applicant Todd Bonneau with Todd Bonneau Homes has applied for the
Demolition Rebuild Program option one. Ms. Cooks explained this option includes an
incentive that is based on the increase over the course of seven (7) years in the City
Property taxes paid on the difference between the original home appraised value
(excluding the land value), as determined by the Dallas County Appraisal District. She
further stated this option also includes a reimbursement of up to $5000.00 of the cost of
demolition of the original home following completion of demolition. Demolition of the
original home and completion of construction and occupancy of the new home must be
within 24 months of the effective date of the incentive agreement signed with the City. The
current improvement value is $41,070 and the estimated new improvement value is
estimated to be at least$450,000.
Mayor Pro Tern Froehlich explained the Demolition Rebuild Program the City offers
includes the ability for a builder to purchase a home and participate in the program. Ms.
Cook noted Todd Bonneau Builders has taken advantage of this program.
Deputy Mayor Pro Tern Reyes asked if the Economic Development proposal to increase
the dollar amount from $5,000 to $10,000 for demolition rebuilds would affect the future of
the program. Ms. Cook explained the Bond Committee is looking at recommendations to
increase the rebate for Economic Development use which would provide a higher dollar
amount resulting in higher program use and more development in Farmers Branch.
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Motion made by Mayor Pro Tern Froehlich to approve Resolution No. 2016-085, as
presented. Motion seconded by Council Member Lynne. Motion prevailed by the following
vote:
Aye: 5 - Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
1.3 R2016-091 Consider approving Resolution No. 2016-091 authorizing the City
Manager to execute a contract for custodial services with ABM
Janitorial Services South Central, Inc. through 1Government
Procurement Alliance in an amount not to exceed $283,374; and take
appropriate action.
Director of Building Services Kevin Muenchow briefed City Council regarding this item.
Facilities Management interviewed ABM Janitorial Services prior to obtaining quotes to
ensure the basic business partner requirements were meet, such as internal quality
control, accountable communication, prompt issue resolution, customer service, etc. Their
current customer references were called to confirm overall satisfaction and if they met the
partner requirements. The quotes were provided at a total cost of $283,374, which
includes all current services plus the following additional services: Full time day porter for
public City buildings, annual strip and wax, semi-annual scrub and top coat, weekly/nightly
carpet spot treatment, and emptying desk paper recycling boxes.
Council Member Lynne made a motion to approve Resolution No. 2016-091, as
Now presented. Motion seconded by Deputy Mayor Pro Tern Reyes. Motion prevailed by the
following vote:
Aye: 5 - Mayor Pro Tem Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
Mayor Phelps recessed into closed executive session at 7:13 p.m. to discuss the
following.
J.1 16-258 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.
Mayor Phelps reconvened in Open Session to discuss Agenda Item, A.5 at 7:21 p.m.
A.5 16-264 Receive an update on the current Economic Development and
Tourism projects for the City of Farmers Branch.
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Economic Development Director Allison Cook briefed City Council regarding Economic
Development projects for Neighborhood Renaissance, Façade Grants, Station Area
updates, Four Corners, 635 Corridor, recent tourism events, Premier Baseball, and noted
City of Farmers Branch won the Certificate of Achievement award for economic excellence
through the Texas Economic Development Council.
Deputy Mayor Pro Tem Reyes asked if Cox Farms opening date is scheduled to open in
June 2017. Ms. Cook explained with Bee Street realignment, it wouldn't open till all road
alignment is complete. Ms. Cook explained tourism is doing a great job keeping hotels
full.
A.6 16-266 Receive a brief update on the Mercer Crossing Development and
associated Tax Increment Reinvestment Zone#3.
Community Services Director Andy Gillies provided an update on the Mercer Crossing
Development noting detailed site plans are being reviewed for 6 different proposed
neighborhoods in the PD-99 district. He further stated these items will go to Planning and
Zoning Commission in October or November and City Council will review in December.
Mr. Gillies explained he is working with Centurion on 600 lots, noting this doesn't include
commercial properties.
Deputy City Manager John Land praised Mr. Gillies and his team for working long hours
including weekends to review these projects. Mr. Gillies noted he is reorganizing the
department to create a Planning Technician position.
Mr. Cox explained he met with Bond Counsel to plan a finance strategy and proposal. Mr. mori
Cox explained there is an existing TIF 1 that covers this area, noting you cannot have two
TIF areas receiving funding at the same time. He noted they must establish base to begin
construction. He noted the existing TIF expires in 2019, noting there is a proposal for a
TIF 3. He explained this would overlay TIF 1 and won't produce revenue until 2020. He
noted the Developer will be required to give up 2 years of revenue in order to establish a
base. Mr. Cox explained TIF 3 increases the construction value and will allow Valwood
Improvement District to lower the tax rate due to value increases.
Deputy Mayor Pro Tem Reyes asked when the construction will begin. Mr. Cox explained
once TIF 3 is active, and TIF 1 expires they will request bonds to be issued. Mr. Cox
estimated the project could begin within two to three weeks. Council Member Lynne asked
if CFBISD School Board does not construct a school in the Verwood area, what will be
developed. Mr. Gillies explained the developer is proposing 50 ft. lots to be developed in
that location. Mr. Cox suggested City Council review and decide phasing of the projects.
A.8 16-255 Discuss agenda items for future City Council meetings.
Mr. Cox confirmed he will coordinate a meeting with the City Council subcommittee and
the Oakbrook Homeowner's Association.
Mayor Phelps recessed at 8:00 p.m. into closed Executive Session.
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City Council Minutes October 3, 2016
J.1 16-258 Council may convene into a closed executive session pursuant to Texas
"m' Government Code Section 551.072
• Deliberate regarding the purchase, exchange, lease, or
sale, or value of real property located east of 1-35, south of
Valley View, west of Webb Chapel, and north of 635.
Mayor Phelps reconvened into open session at 8:38 p.m.
K. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION NECESSARY AS A
RESULT OF THE CLOSED SESSION
No action was taken as a result of closed executive session.
L. ADJOURNMENT
Council Member Norwood made a motion to adjourn the meeting at 8:40 p.m. Motion
seconded by Deputy Mayor Pro Tern Reyes. Motion prevailed by the following vote:
Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
The meeting adourned at 8:40 p.m.
M.yor ATTEST: /
// . . ice
Cit'Secretar,
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