2017-03-07 CC Minutes City Council Minutes March 7,2017
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Meeting Minutes
City Council
Tuesday,March 7.2017 6:00 12M 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 Tern 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, Braeden
Metcalf City Attorney, Tom Bryson Communications
Director, David Hale Police Chief, Andy Gillies
.... Community Services Director, Randy Walhood
Public Works Director, Steve Parker Fire Chief, Brian
Beasley Human Resources Director, Sherrelle
Evans-Jones Finance Director
A. STUDY SESSION
Mayor Phelps called the Study Session meeting to order at 3:02 p.m.
A.1 17-400 Discuss regular City Council meeting agenda items.
Mayor Phelps asked for discussion regarding Agenda Item F.5, an agreement with Lina T.
Ramey and Associates, Inc. for professional services for the design of Westside Trail. Mayor
Phelps asked for clarification regarding the 30% and any additional costs. Public Works
Director Randy Walhood replied explaining the cost to complete is estimated at$100,000. He
noted the 30% is plan completion.
Council Member Bomgardner asked for clarification on Agenda Item F.7, an interlocal
agreement for technical services between the City of Farmers Branch and the Trinity River
Authority, asking if fees are paid for monitoring. Ms. Katy Evans replied yes, the City charges
annually for cost recovery.
City Manager Charles Cox explained Agenda Item G.2, is a continued public hearing for a
Service and Assessment Plan. He explained originally the developer was charging 9.11%, he
noted the City negotiated and the developer will charge first five years of assessment at an
8% interest rate, then 6.11% interest rate for 6-30 years.
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City Council Minutes March 7,2017
A.2 17-394 Discuss upcoming City Council meeting dates for 2017.
City Council discussed future City Council meetings for 2017. After discussion, Council
agreed to amend the City Council dates to the following:
o July 11, 2017 City Council meeting, (one meeting)
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September 12, 2017 and September 26, 2017
o October 2, 2017
o November 14, 2017 and November 28, 2017
o December 12, 2017 (one meeting)
A.3 17-384 Receive a presentation on the proposed On-Premise Alcohol Overlay
Districts in Farmers Branch.
Planning Manager Alexis Jackson briefed City Council regarding this item. Ms. Jackson
reviewed the following timeline of events:
• 1986 voters approved a proposition authorizing mixed beverage sales for on-premises
consumption in a qualifying restaurant.
• 2014 voters approved the sale of beer and wine for off-premises consumption in certain
overlay zones
• 2016 staff and council began exploring the idea of loosening the on-premises consumption
restrictions
▪ 2017 CZO passed, amended qualifying restaurant definitions and allowed
breweries/brewpubs
Ms. Jackson explained the on premise alcohol overlays are in progress, noting two pub
overlays have been recommended: 1) Station Area and 2) Boardwalk
Ms. Jackson explained these would be known as the City's Entertainment Districts, and
would allow anything less than 50% (food) to 50% beverage restaurant ratio.
City Council thanked staff for the presentation and suggested moving forward with the plan.
A.4 17-396 Receive a report from the Sustainability Committee regarding brush and
bulky collection and brush diversion opportunities.
Mr. Robert ter Kuile, Chairman of the Sustainability Committee briefed City Council regarding
this item. Mr.ter Kuile explained the Sustainability Committee was tasked with reviewing bulk
waste challenges and complaints. Mr. ter Kuile explained this is not a City wide systemic
issue as most complaints are on other topics. He explained the majority of the bulk waste
complaints come from limited areas of town. He noted the committee reviewed Code
Enforcement Policies. He stated Code Enforcement could be more effective through the use
of an existing tool such as Transitory Fines. Mr. ter Kuile explained the committee reviewed
the policy and programs for bulk waste and brush and noted options exist for responding to
bulk waste issues. Mr. ter Kuile explained a small ordinance change would position us for
realizing a significant benefit to the City.
Mr. ter Kuile explained the committee recommends a "Re" Education Campaign on Bulk
Waste pick-up schedule services provided through the Citizen Collection Center and Landfill.
The Committee made the following recommendations:
▪ Some residents may need reminders around their bulks waste pick-up schedule
° CCC and the landfill offer free disposal service to residents
o Explore the cost to increase weekend hours of operation for CCC
Suggest- Code Enforcement to develop a policy for use of Transitory Fines.
• An existing tool that requires no ordinance or service change
o Policy could focus on bulk waste but be applied on other issues as well
• Implement a "Pick-up Request Form"
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o Available to both home owners and complainants (with limitations)
o There would be a cost for services (TBD est. $75-125)
No change to existing process and services
For Home Owners
,r.. • Allowed 3 `free' pick-ups a year, fourth pick-up would incur a fee ($75-125)
• Complete an on-line or call in form (no offense if self-reported)
° Pick-up is scheduled by Public Works when additional capacity is available (goal within
two days)
o If they are a`repeat offender'they would receive three warnings and then pay on the fourth
pick-up
o Reminders about CCC and Landfill services and hours provided with each pick-up or
warning
For Concerned Citizens
o Implement a "3 House" radius rule if the caller lives more than 3 houses down and they
complete a pick-up request form they have to pay the fee for the first three pick-ups(fourth
is paid by the 'repeat offender' homeowner)
° If the house is within 3 house radius then follow the `repeat offender' process
o For home owners (no fee to anyone until fourth offense)
o Different from a `complaint' as it is a request for additional services
o Would require name, address, and payment(if necessary)
o Implement a "Re" Education Campaign on bulk waste pick-up schedule and the services
provided through the Citizen Collection Center and Landfill
Ask Code Enforcement to implement the use of the Transitory Fines process
o In 6 Months determine if a "Pick-up Request Form" Program is necessary
Mr. ter Kuile reviewed the following brush recommendations:
• Change the City Ordinance requiring residents to separate bulk waste and brush at the
curb.
o Implement an education campaign to ensure all residents are aware of the change and
"" provide a `grace' period for enforcement(similar to recycle bins).
o Negotiate a contract with a third party to immediately begin taking bulk brush for
mulching/composting.
o Create a RFP for third party owned and operated bulk brush mulching/composting at the
landfill.
Council Member Bomgardner suggested developing a sticker that educates the public by
listing the pickup times and item descriptions, along with an escalating fine that starts out
low and goes up each time.
Council Member Norwood thanked the Sustainability Committee for their efforts and
recommendations and suggested clear communication to educate the public.
City Manager Charles Cox explained staff would review these recommendations and meet
to prepare an action plan.
Council Member Reyes asked that once staff reviews and makes recommendations, to
bring forward again before City Council a final plan.
A.5 17-401 Discuss agenda items for future City Council meetings.
Deputy Mayor Pro Tem Froehlich asked that staff provide an update regarding chickens and
effects to public health at a future City Council meeting.
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City Council Minutes March 7,2017
Mayor Phelps recessed for a break at 4:18 p.m.
Mayor Phelps reconvened at 4:28 p.m. and skipped to Agenda Item I, into closed Executive
`" Session.
I. EXECUTIVE SESSION
1.1 17-404 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 north of 635, south of Valwood, east of 135,
and west of Webb Chapel.
Council may convene into a closed executive session pursuant to
Section 551.087 of the Texas Government Code to deliberate
regarding:
• Discuss an Incentive Package to recruit the North Texas Hall
of Fame to the StarCenter.
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 closed Executive Session at 5:54 p.m.
Mayor Phelps called the Regular City Council meeting to order at 6:00 p.m.
B. INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Pro Tern Froehlich provided the invocation and pledge of allegiance.
C. REPORT ON STUDY SESSION ITEMS
Council Member Bomgardner provided a report on Study Session items.
D. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
City Manager Charles Cox announced the following reports and items of community interest:
• The BRANCH ALERT system is the newest tool in our toolbox to keep the community informed.
Anyone can sign up for email or text alerts that will be specifically tailored for affected areas.Those of
you that have signed up already may have received a text early this morning about the 4 a.m. storm.
For more information, log on at farmersbranchtx.gov and click on BRANCH ALERT or call
972.919.2640.
• Residents can converse with officers over a hot cup of caffeine at the upcoming edition of"Coffee
with a Cop," coming Saturday, March 11 from 10 to 11 a.m. at the McDonald's on the corner of Josey
Lane and Valley View. Some of Chief David Hale's finest will be on hand to chat with residents and
answer questions during that time. For more information,call 972.919.9135.
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City Council Minutes March 7,2017
• Speaking of Police, the Citizen Police Academy is still seeking applicants for their upcoming 11-week
session, set to begin next week.The 33-hour course of instruction is free to Farmers Branch residents.
Find out more online at farmersbranchtx.gov/police.
• We also want to announce that the first of two shredding events to be held this year has been scheduled
for Saturday, April 8, from 9 a.m. until 12 noon here at City Hall. Residents can shred whatever
household documents they wish to bring up to the shredding truck onsite. Call 972.919.2597.
• Don't forget that the Farmers Branch Market opens for the 2017 season on Saturday,April 1,with hours
from 9 a.m.til 1 p.m. Find out more at farmersbranchmarket.com.
• In staff updates, congratulations go to two members of the Parks and Recreation team. Senior Center
Recreation Programmer Jennifer Stone exemplified the balance of work life, home life and professional
development when she recently graduated from Texas Woman's University with her Bachelor's Degree
in Business Administration. Then,just last week, Aquatics Center Manager Rachael Arroyo completed
the Texas Recreation and Parks Society Academy of Leadership Development.We are fortunate to have
both of these women working with us every day.Congratulations to them, both!
• You can sign up for eNews at farmersbranch tx dot gov to have current City news and information
delivered directly to your eMail box.
E. CITIZEN COMMENTS
Council Member Lynne spoke stating the new alert system worked well at 4:52 a.m. He
commended the Parks Department on the reconstruction of the gate at Valley View and
Marsh noting it looks nice.
F. CONSENT AGENDA
F.1 17-402 Consider approving minutes of the special called City Council
meeting held on February 14, 2017 and the regular City Council
.... meeting held on February 21, 2017; and take appropriate action.
F.2 R2017-034 Consider approving Resolution No. 2017-034 dissolving the
Citizen Bond Committee; and take appropriate action.
F.3 R2017-030 Consider approving Resolution No. 2017-030 authorizing the City
Manager to purchase Uninterrupted Power Supply (UPS) systems
and implementation services for the City Hall data center and the
Emergency Operations Center in an amount totaling $142,079 from
Anixter, Inc.; and take appropriate action.
F.4 R2017-036 Consider approving Resolution No. 2017-036 authorizing a unit
price contract for the annual concrete supply purchase with Redi-
Mix Concrete, Inc; authorizing renewals of said contract;
providing for an effective date; and take appropriate action.
F.5 R2017-037 Consider approving Resolution No. 2017-037 approving an
agreement with Lina T. Ramey and Associates, Inc. for
professional services associated with the design of the Westside
Trail connection from the DART Station to the west city limit; and
take appropriate action.
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City Council Minutes March 7,2017
F.6 R2017-039 Consider approving Resolution No. 2017-039 awarding unit price
bids for the annual purchase of chemicals and fertilizers for the
Parks and Recreation Department; and take appropriate action.
�... F.7 R2017-041 Consider approving Resolution No. 2017-041 amending the
interlocal agreement for technical services between the City of
Farmers Branch and the Trinity River Authority and ratifying the
original agreement as amended; and take appropriate action.
Motion made by Mayor Pro Tern Froehlich to approve Consent Items F.1 through F.7, 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
G. PUBLIC HEARINGS
G.1 ORD-3429 Conduct a public hearing and consider approving Ordinance No.
3429 to amend Planned Development District No. 99 (PD-99) revising
the Conceptual Site Plan, adding the Mercer Crossing Development
Guidelines, allowing the Amenity Center as a permitted use as a
required element within the Phasing Plan; and take appropriate
action.
Community Services Director Andy Gillies briefed City Council regarding this item. Mr.Gillies
explained the developer of the new Mercer Crossing community, Centurion American, have
been working closely together to refine the concept plans and ideas illustrated in this original
document into a more comprehensive and detailed master plan. He explained with the
creation of PD-99, and the approximate 607 planned single-family homes and 1,750 multi-
family dwelling units, Centurion American agreed to designate this potential school site on
the Conceptual Site Plan. He noted the CFBISD determined that a new elementary school
was not necessary for the Mercer Crossing area, and has declined the opportunity to
purchase the proposed school site shown on the PD-99 Conceptual Site Plan. Mr. Gillies
explained with the CFBISD decision to not purchase the site, Centurion American proposed
a new design for this 8.6 acre parcel and the residential neighborhood surrounding it (to be
known as Verwood). Mr. Gillies explained this new proposed design includes 31 additional
single family lots, all rear loaded driveways and containing at least 5,250 sf in area (generally
50'wide x105'deep). In addition, a centrally located neighborhood park (containing
approximately 1.3 acres) is being proposed. Mr. Gillies explained this is a significant change
to the Conceptual Site Plan for PD-99 and requires the following modifications:
• Amend Conceptual Site Plan Verwood Only
• Include Design Guidelines in PD
• Change Amenity Center to a Permitted Use
• Include Amenity Center to Phasing Plan
• Amend Gas Well Exhibit
Mayor Phelps opened the public hearing. There were no citizens that wished to speak in
support and/or opposition to the proposed case.
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City Council Minutes March 7, 2017
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 Tem
mow Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
Council Member Lynne made a motion to approve Ordinance No. 3429, 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
G.2 ORD-3432 Conduct a public hearing and consider adopting Ordinance No.
3432 to consider proposed assessments to be levied against the
assessable property in the Mercer Crossing Public Improvement
District within the City of Farmers Branch, pursuant to Chapter 372 of
the Texas Local Government Code; and take appropriate action. (This
is a continued public hearing from the March 1, 2017 City Council
meeting.)
City Manager Charles Cox briefed City Council regarding this item noting this is a continued
public hearing. Mr. Cox explained on January 4, 2017, CADG Mercer Crossing Holdings,
LLC submitted a petition to create a public improvement district on the City's west side. In
accordance with state law, the petition included the:
• General nature of the proposed improvement
• Estimated cost of the improvement
Nem • Boundaries of the proposed district
• Proposed method of assessment
• Proposed apportionment of cost between the district and the City
• Proposed management of the district
Mr. Cox explained the petition was signed by the owners of taxable real property
representing more than 50 percent of the appraised value of taxable real property liable for
assessment under the proposal, as determined by the current roll of the Dallas Central
Appraisal District. He noted the City Council approved Resolution No. 2017-028, on
February 14, 2017, to provide for the establishment of Mercer Crossing Public Improvement
District in accordance with a petition request from a property owner representing greater
than 50 percent of the property within the requested district.
Mr. Cox introduced Abdi Yassin with Municab, Inc. who provided a presentation on the
Service and Assessment Plan to the City Council. Mr. Cox asked Mr. Yassin to clarify if the
loan maturity is a 30 year or 35 year loan. Mr. Yassin spoke stating typically a service and
assessment plan is set for 35 years, because the first five years funds are accrued funds
used for infrastructure during the construction period. The bond would be for a 30-year
maturity period. Mr. Yassin reviewed the proposed Service and Assessment Plan. He noted
the PID is presently located within the City and contains approximately 397.6 acres of land.
At completion, the PID is expected to consist of approximately 736 single family residential
units, 111 townhomes, 2,250 mutli-family dwelling units with 25,000 square feet of restaurant
space, 90,000 square feet of retail space, two hotels, 65,000 square feet of office space,
landscaping, and infrastructure necessary to provide roadways, drainage, and utilities to the
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PID. Mr. Cox explained the City's Public Works Director will review the proposal and dollar
amounts will be verified prior to any payments. He further stated the project management
guidelines include City inspection to ensure the project meets city requirements.
... After discussion, Motion made by Mayor Pro Tem Froehlich to close the public hearing.
Motion seconded by Council Member Lynne. 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
Council Member Bomgardner made a motion to approve Ordinance No. 3432, as presented.
Motion seconded by Council Member Norwood. 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. REGULAR AGENDA ITEMS
H.1 17-395 Discuss upcoming City Council meeting dates for 2017; and take
appropriate action.
City Council discussed upcoming City Council meeting dates for 2017.
After discussion, Council Member Norwood made a motion to amend the following meeting
dates:
• Meet July 11, 2017, one meeting only.
"' ° Meet September 12th and September 26, 2017
• Meet October 2, 2017
Meet November 14th & November 28th
o Meet December 12th, one meeting only.
Motion seconded by Council Member Bomgardner. 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
J. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION NECESSARY
AS A RESULT OF THE CLOSED SESSION
As a result of executive session, Council Member Lynne made a motion that the City Manager
be authorized to negotiate and sign contracts and such other documents that are reasonable
and necessary to sell to the Farmers Branch Local Government Corporation for the purpose
of resale to Christian Bray and wife, Tara Bray and/or assigns the property described as Lot
41, Block 12, Valwood Park Addition, 27th Installment, 2nd Section, an Addition to the City of
Farmers Branch, Texas, more commonly known as 14055 Rawhide Parkway, for a purchase
and sales price of not less than $105,000 with the resale of said property to be subject to a
restriction agreement requiring construction of a single family residence of not less than 2000
square feet of air conditioned space with an assessed value of the property upon completion
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City Council Minutes March 7,2017
of construction, inclusive of both land and improvements, to be not less than $350,000.
Motion seconded by Mayor Pro Tern Froehlich. 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 Norwood made a motion to authorize the City Manager after consultation
with the City Attorney to negotiate and execute the necessary documents and agreements,
on behalf of the city, including any amendments or instruments related thereto, to:
A.) Amend lease with the Dallas Stars by reducing annual rent to $610,000 for the next 10
years
B.) Terminating the agreement when debt service for the facility is paid (approx.. 10 years)
C.) Agreeing to enter into a fair market lease thereafter
D.) Reducing the security deposit to $300,000
E.) Spend $983,000 for facility improvements necessary to make the Farmers Branch
StarCenter the official home of the Dallas Stars Alumni, the Texas Hockey History &
Resource Center, the home rink for Disabled and Sled Hockey in DFW, and the official
practice rink for visiting NHL teams.
Motion seconded by Council Member Bomgardner. Motion approved by the following vote:
Aye: 5 - Mayor Pro Tern Froehlich, Deputy Mayor Pro Tem
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
K. ADJOURNMENT
Mayor Pro Tem Froehlich made a motion to adjourn the meeting at 6:48 p.m. 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
The meeting adjourned at 6:48 p.m.
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