2017-04-04 CC MinutesCity Council Minutes April 4, 2017
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Farmers Branch, Texas
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City Council
Tuesday, April 4, 2417 §;Gq PM Council Chambers
Study Session Meet ng 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, Dean Habel Deputy Police Chief, Andy
Gillies Community Services Director, John
Roach Interim Public Works Director, Steve
Parker Fire Chief, Brian Beasley Human
Resources Director, Sherrelle Evans -Jones
Finance Director, Allison Cook Economic
Development Director
A. STUDY SESSION
Mayor Phelps called the Study Session meeting to order at 3:00 p.m.
A.1 17 -429 Discuss regular City Council meeting agenda items.
Council Member Bomgardner asked for clarification regarding Agenda Item H.2, (Oncor).
Interim Public Works Director John Roach explained the request is for the City to approve
a rate increase of 11.8 %. Mr. Roach stated the last rate increase was in 2011.
Deputy Mayor Pro Tern Reyes asked if Agenda Item J.4, could be moved to consent. After
discussion, Council unanimously agreed to move Agenda Item J.4, to Consent.
Council Member Bomgardner asked for discussion regarding Agenda Item J.3. Council
Member Bomgardner asked when the hotel was last remodeled. Economic Development
Director Allison Cook replied to her knowledge, no interior remodeling has been done since
original construction.
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A.2 17 -437 Receive First -Year Report regarding North Texas Emergency
Communications Center ( NTECC).
City Manager Charles Cox introduced NTECC Executive Director Terry Goswick. Mr.
Goswick provided a presentation on the benefits of NTECC. Mr. Goswick stated the
program has State of the Art Technology including Vesta 9 -1 -1, which allows texting,
increased mutual aid with interagency responses, and long term cost reductions. He
further stated NTECC provides emergency medical technical assistance by phone. Mr.
Goswick reviewed the total number of call center responses from April of 2016 to March
of 2017, which totaled 411,339. He explained the Call Center has met the NFPA standard
at 95% of 9 -1 -1 calls within 20 seconds and 99% of 9 -1 -1 calls are answered within 40
seconds. Mr. Goswick reviewed the Police and Fire average calls for March of 2017.
City Council discussed crime rates, number of Farmers Branch calls and response time
compared to neighboring cities.
Mr. Goswick stated his future goals are to decrease vacant positions, continued
improvement to the Police and Fire Department call processing times, and continued
improvement to call answering times.
A.3 17 -432 Receive a report on Public Safety mid -year compensation
study and retirement.
Police Chief David Hale briefed City Council regarding this item. Chief Hale explained the
City has twelve Police vacancies and reviewed the recruiting strategy. He explained the
City participates in job fairs, military base recruiting, and recently implemented a $2500
dollar hiring bonus.
Human Resources Director Brian Beasley briefed City Council reviewing a PowerPoint
presentation showing the updated market rates with comparator cities. Mr. Beasley
explained a market study is done every five years. Mr. Beasley reviewed the TMRS 25
year retirement cost verses a 20 -year TMRS retirement. He stated the City would incur
an annual budget impact of $356,000 and unfunded liabilities would increase if the
retirement was reduced to 20 years.
Council had discussion regarding the unfunded liability, the amount of turnover in the
Police Department, and the number of cities that have 20 -year retirement. Police Chief
David Hale explained out of the twelve Police Officers that have resigned, only one left to
go to another agency.
Deputy Mayor Pro Tern Reyes asked to review this item again, noting the majority of the
neighboring cities offer a 20 -year retirement benefit to employees.
Fire Chief Steve Parker reviewed Fire staffing levels explaining currently, the Fire
Department is fully staffed. He stated the Fire Department's average years of service is
29.25 years. He further stated two firefighters have over 30 years of service with one
firefighter at 25 years.
City Council discussed disability options for injured Fire and Policemen. Mr. Beasley
explained the City has long -term disability and medical disability through TMRS.
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City Council Minutes April 4, 2017
Mr. Cox stated this item would be a topic at the upcoming Strategic Plan meeting in June.
A.4 17 -433 Receive a report on Texas Legislative Updates.
City Manager Charles Cox briefed City Council regarding Texas Legislative Updates. Mr.
Cox reviewed the following information:
► SB 2 (Bettencourt) passed to House
► Effective Tax Rate now called "No New Taxes Rate"
► 5% roll -back rate
► Exceeding Requires Voter Ratification on November Uniform Election Date
► New Construction — No impact
Numerous bills introduced to eliminate red -light cameras
► HB 1244 (Geren) Heard in Committee
SB 629 (Schwertner) passed to House — Eliminates interest rollback for ag- exempt
property conversions
► $435,000 loss to Farmers Branch
► No Opposition Currently
► Supporters: Texas and Southwestern Cattle Raisers, Texas Assn of Builders,
Texas Crushed Stone
HB 1557 (Parker) & SB 737 (Hancock) — Requires Email Notification of Fee Increases —
Heard in Committee
HB 2958 (Thompson, Ed) — Temporary landfill permit moratorium
► Effective September 1, 2017 until September 1, 2019
► Public Hearing Scheduled April 4th
SB 1408 (Huffines) — First Responder handgun right -to -carry
Numerous local government "anti- lobbying" bills filed
Numerous " Uber" & "Airbnb" bills filed
► Pre -empts local transportation and housing rental restrictions. DART /Dallas
Police & Fire Pension Fund Offset (nothing filed yet)
A.5 17 -435 Discuss City Council liaison appointments for the Audit Review
Committee.
City Manager Charles Cox explained every year the City goes out for bid obtain an external
auditor. Mr. Cox explained the auditor reports to City Council. He stated, in the past, the
Council has designated two or three Council Members to interview firms and assist with
the selection. Council Member Bomgardner and Mayor Phelps agreed to serve on the
Audit Review Committee.
A.6 17 -430 Discuss agenda items for future City Council meetings.
Deputy Mayor Pro Tern Reyes asked for a future agenda item to discuss paint color
spectrums used on residential and commercial structures. Council Member Norwood
requested a future agenda item to review transitional housing to be located near Farmers
Branch. Council Member Bomgardner asked for statistics from other areas who have had
transitional housing conversions and what impacts it had on schools and surrounding
areas.
City Council recessed for a break at 4:54 p.m.
City Council Minutes April 4, 2017
City Council convened into closed executive session at 5:14 p.m.
B. EXECUTIVE SESSION
B.1 17 -431 Council may convene into a closed executive session pursuant to
Section 551.072 of the Texas Government Code to deliberate
regarding:
(a) Discuss the purchase, exchange, lease, or sale of real property
located west of Webb Chapel, north of 635, east of 1 -35, south of
Valwood, Farmers Branch, Texas.
City Council recessed at 5:59 p.m. from executive session.
C. RECONVENE INTO REGULAR MEETING AT 6 P.M.
Mayor Phelps called the regular meeting to order at 6 p.m.
D. INVOCATION & PLEDGE OF ALLEGIANCE
Council Member Bomgardner provided the invocation and led the pledge of allegiance
and pledge to the Texas flag.
E. REPORT ON STUDY SESSION ITEMS
Council Member Norwood provided a report summary on study session items.
F. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
City Manager Charles Cox provided the following announcements:
• Everyone should remember that the first of two shredding events to be held this year has
been scheduled for this 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.
• It was a great opening weekend for the Farmers Branch Market. The Market is now open
every Saturday from 9 a.m. til 1 p.m. Live music will be featured this weekend in addition
to the eclectic selection of vendors. Find out more at farmersbranchmarket.com.
• One of our most popular local events is coming up this month. Date Night in the Park will
be held Saturday, April 22 at the Farmers Branch Historical Park with food trucks, live music
from `Prophets & Outlaws' and an outdoor movie, featuring the 2016 hit `Passengers.'
Admission is free. Special packages are available. Find out more at fbspecialevents.com.
• Also on Saturday, April 22, the Farmers Branch Police Department will host an open house
at the Justice Center from 11 a.m. to 3 p.m. There will be tours, demonstrations and free
food. Call 972.919.9135 for more information.
• Please note that most City offices and facilities will be closed on Friday, April 14 in
observance of Good Friday. However, THERE WILL BE GARBAGE COLLECTION that
day, but the Citizen Collection Center will be closed. Additionally, the Community
Recreation Center and Margaret Young Natatorium will both be open from 6 a.m. to 5 p.m.
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and the Historical Park will be open from 8 until 5. ALL facilities will be closed on Easter
Sunday, April 16.
• There is still time to take part in the Resident Satisfaction Survey, available online now
through April 21. Go to farmersbranchtx.gov /survey to find out more.
• Anyone interested in serving the City, we do have a number of openings on the Charter
Review Committee. For more information on that or for questions about service on any
other City board or commission, call the City Secretary's office at 972.919.2503.
• You can sign up for eNews at farmersbranchtx.gov to have current City news and
information delivered directly to your eMail box.
G. CITIZEN COMMENTS
The following citizens wished to speak:
• Former City Council Member Kirk Connally read an excerpt from Dr. Gilbert's historical
diary.
• Resident Vickie Harrison spoke regarding her concerns with sexual harassment
recommending training for Elected Officials.
H. CONSENT AGENDA
H.1 17 -423 Consider approving minutes of the Special Called City Council
meeting held on March 14, 2017 and Regular City Council meeting
held March 21, 2017; and take appropriate action.
H.2 R2017 -054 Consider approving Resolution No. 2017 -054 suspending theApril 21,
2017 effective date of Oncor Electric Delivery Company's proposed
rate change to allowthe City an opportunity to review the request; and
take appropriate action.
J.4 R2017 -055 Consider approving Resolution No. 2017 -055 authorizing
execution of a Residential Demolition /Rebuild Program Incentive
Agreement for the owner of the property located at 3333 Pebble
Beach; and take appropriate action.
Motion made by Council Member Lynne to approve Consent Items H.1 and H.2, as
presented. Deputy Mayor Pro Tern Reyes asked that Agenda Item J.4, be added to the
consent agenda. Council Member Lynne amended his main motion, to approve Agenda
Items H.1, H.2, and J.4, as presented. 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
I. PUBLIC HEARINGS
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1.1 TMP -2122 Conduct a Public Hearing and consider a request for replat approval
of Qorvo Addition, Lots 1 and 2, Block A; and take appropriate
action.
Community Services Director Andy Gillies briefed City Council. Mr. Gillies explained
Qorvo Texas, LLC is the owner of a 24.692 acre tract of land known as Lot 1, Block A,
Maxim Addition, formerly part of the Dallas Semiconductor business complex. He stated
the owners desire to re -plat the property into two lots (Lots 1 and 2, Block A, Qorvo
Addition). The present lot will be split east and west of the existing public access
easement, Maxim Drive. He further stated the re -plat will include changing the name of
Maxim Drive to Qorvo Drive, a private street. Mr. Gillies explained a public hearing is
required for this re -plat.
Mayor Phelps opened the public hearing. There were no citizens present that wished to
speak. Motion made by Mayor Pro Tern Froehlich to close the public hearing. 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
Motion made by Council Member Bomgardner to approve a replat for Lots 1 and 2, Block
A of Qorvo Addition. 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
1.2 TMP -2123 Conduct a Public Hearing and consider a request for replat approval
of Mercer Business Park East No. 3, Lot 1C, Block A/6576 located
within the city limits of both Dallas and Farmers Branch; and take
appropriate action.
Mayor Phelps conducted a public hearing. There were no citizens that wished to
speak. Motion made by Mayor Pro Tern Froehlich to close the public hearing. 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
Motion made by Deputy Mayor Pro Tern Reyes to approve a replat of Mercer Business
Park East No. 3, Lot 1 C, Block A/6576 located within the city limits of both Dallas and
Farmers Branch. Motion seconded by Council Member Lynne. Motion prevailed by
the following vote:
City Council Minutes April 4, 2017
Aye: 5 - Mayor Pro Tern Froehlich, Deputy Mayor Pro Tern
Reyes, Council Member Norwood, Council Member
Bomgardner, Council Member Lynne
J. REGULAR AGENDA ITEMS
J.1 17 -436 Receive a presentation from resident Carol Dingman regarding
the Council Code of Ethics policy and training.
Resident Carol Dingman briefed City Council regarding the Code of Ethics policy, urging City
Council to strengthen Ordinance No. 3349, and add additional policy and training
requirements on sexual harassment.
Mr. Cox explained the Code of Ethics policy has recently been updated. He thanked Ms.
Dingman for her presentation, and noted he will take these recommendations under
advisement and review.
J.2 17 -434 Receive a report from Greg Roemer, President, of Community
Waste Disposal regarding the first year's residential garbage and
recycling contract.
Mr. Robert Medigovich provided a report on the City's Community Waste Disposal program.
He reviewed some of CWD accomplishments, which included delivery of new recycling
carts, educational brochures to approximately 8,000 homes in Farmers Branch. Mr.
Medigovich reviewed the City's trash collection services.
J.3 R2017 -048 Consider approving Resolution No. 2017 -048 authorizing a
Commercial Facade Revitalization Grant Agreement 2275 Valley
View Lane; and take appropriate action.
Economic Development Director Allison Cook briefed City Council regarding this item. Ms.
Cook explained the applicant, Suncrest Corp DBA Econolodge, is working with Gardner
Construction, and would like to propose the following updates to the hotel property located
at 2275 Valley View Lane valued at $257,800. Ms. Cook explained the applicant's
requesting $26,000.00 for the following:
o Removal of the current stucco adding stone to the front walls of the 5 staircases,
the outside of the pool house and along to the south and east ends of the building.
o Removal and replacement of the metal flashing /fascia between floors 1, 2 and 3,4.
o Repainting the entire building. This includes painting of all brick, metal, and doors.
o Replacement of the green astro turf on the 2nd and 31 floor walkways with
permanent limestone surface.
Motion made by Council Member Norwood to approve Resolution No. 2017 -048, as
presented. Motion seconded by Council Member Lynne. Motion approved by the following
vote:
Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro
Tern Reyes, Council Member Norwood, Council
Member Bomgardner, Council Member Lynne
City Council Minutes April 4, 2017
K. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED
SESSION
As a result of executive session, motion made by Council Member Lynne move 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 Lot 4, Block A, The Shops at Branch Crossing, City of Farmers Branch, Texas,
for a purchase and sales price of not less than $5.00 per square foot, subject to a
requirement that the property be resold to LCP Development Company, LLC and /or
assigns subject to a restriction agreement requiring construction of a medical office
building of not less than 5000 square feet of air conditioned space on a portion of said
property and not less than 5000 square feet of retail /restaurant space on the remainder of
the property, of which not less than 2000 square feet shall be developed with a restaurant
use. Motion seconded by Mayor Pro Tern Froehlich. 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
Motion made by Council Member Norwood that the City Manager be authorized to
negotiate and sign the following agreements: (1) A contract and such other documents
that are reasonable and necessary to sell to the Farmers Branch Local Government
Corporation the northern approximately 2.69 acre portion of the City's property located at
13605 Webb Chapel Road, Farmers Branch, Texas, for a sales price of not less than
$705,000 and purchaser's participation in the cost of designing and constructing a new
parking area for the Manske Library and a trail on the City's adjacent property, said sale
subject to a requirement that the property be resold to Henry S. Miller Company or an
affiliated company, and assigns, and subject to a development and restriction agreement
requiring the property be developed and used for a single - family detached development
with no fewer than 17 single - family dwelling units, 1 -2 stories in height, with each unit
ranging in assessed value after completion of construction of $250,000.00 to $425,000.00,
inclusive of both land and improvements and a grant pursuant to Chapter 380 of the Texas
Local Government Code in the amount of $305,000 to be applied to the purchase price of
the property at the time of closing; and (2) A ground lease for the remaining portion of said
property west of Fire Station #1 with Henry S. Miller Company or an affiliated company,
and assigns, for the development, use and maintenance of parking, a public walking trail
and pavilion with an initial lease term of 20 years. 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
Council Member Bomgardner moved that the City Manager be authorized to take such
action on behalf of the City as may be reasonable and necessary to purchase, or authorize
the purchase of property described as Lot 16, Block 7, Valwood Park 27th Installment, an
addition to the City of Farmers Branch, Texas, known as 13811 Lillard Lane, for a purchase
price not to exceed $113,800 plus standard closing and acquisition costs and to sign, and
authorize the City's agent, to sign such other agreements, documents, and any
City Council Minutes April 4, 2017
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 approved by the following vote:
Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro
Tern Reyes, Council Member Norwood, Council
Member Bomgardner, Council Member Lynne
Deputy Mayor Pro Tern Reyes recognized the following audience members: former
Council Member David Koch, Kirk Connally, Carole Dingman, and former Carrollton City
Council Member Andy Olivo who attended.
Mayor Pro Tern Froehlich made a motion to adjourn the meeting at 7:04 p.m. Motion
seconded by Council Member Norwood. Motion prevailed by the following vote:
Aye: 5- Mayor Pro Tern Froehlich, Deputy Mayor Pro
Tem Reyes, Council Member Norwood, Council
Member Bomgardner, Council Member Lynne
The meeting adjourned at 7:04 p.m.
SIG D:
Mayor
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City Secre