2017-08-15 CC MinutesCity Council
Minutes August 15, 2017
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City of Farmers Branch
City Council Minutes
2 p.m. Study Session
F',NRMERS
6 p.m. Regular Meeting
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Farmers Branch City Hall
Tuesday, August 15, 2017
13000 William Dodson Pkwy Council Chambers
Farmers Branch,TX 75234
Presiding: 1 - Mayor Robert C. Dye
Present: 4- Mayor Pro Tem John Norwood, Deputy Mayor
Pro Tern Mike Bomgardner, Council Member
Bronson Blackson, Council Member Terry Lynne
Absent: 1 - Council Member Ana Reyes
Staff: - Charles Cox, City Manager; John Land, Deputy
City Manager; Amy Piukana, City Secretary; Pete
Smith, City Attorney; Sara Egan, Records
Management Coordinator; Benjamin Williamson,
Assistant to the City Manager; Toni Bryson,
Communications Director; David Hale, Police
Chief; Andy Gillies, Community Services
Director; Marc Bentley, Public Works Director;
Steve Parker, Fire Chief; Brian Beasley, Human
Resources Director; Sherrelle Evans - Jones,
Finance Director; Allison Cook, Economic
Development Director, Kevin Muenchow Fleet
and Facilities Director; Shane Davis,
Sustainability & Public Health Director
A. STUDY SESSION
Mayor Dye called the Study Session meeting to order at 2:01 p.m.
A.1 17 -533 Discuss regular City Council meeting agenda items.
Council Member Lynne asked what proposed amendments to Agenda Item G.3, (Historical
Park rental policy). Parks and Recreation Director Jeff Harting explained the proposed
policy includes, if utilizing $1,000 of hotel business, they would receive a reduced rental
rate, which would be cancelled should they cancel their event. The revision also includes
if cancelled, rental rates would apply, designated on page 9 of the policy. Secondly, the
private rental during City events is prohibited, unless approved by the Parks & Recreation
Director.
Council Member Lynne recommended notifying the list of regular renters that the new
policy has changed, as a courtesy. Mr. Harting agreed to notify everyone on the list.
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City Council discussed Police and security presence at events, alcohol, permits, and costs.
Deputy Mayor Pro Tern Bomgardner asked for clarification on Agenda Item 1.4, Keep
Farmers Branch Beautiful. Sustainability and Public Works Director Shane Davis
explained this is a new non - profit organization that is forming out of the Sustainability
Committee.
A.2 TMP -2299 Discuss the City Manager's balanced budget and organizational
funding requests related to the adoption of the Farmers Branch
2017 -18 Fiscal Year budget.
Finance Director Sherrelle Evans -Jones briefed City Council regarding this item. Ms.
Evans -Jones reviewed the following:
• Property Taxes - $25.6M
• 2017 -18 Budget presumes no change in the tax rate - $0.602267
$1.3M total revenue increase ($808K excluding new construction)
• $492K revenue to be raised from new properties added to tax roll
• 2017 -18 Rollback Rate is $0.634391
• Property tax as a percent of debt service remains at a sustainable level.
The $1.3M total revenue increase has been spent funding mandatory items.
New Public Safety Personnel for the West Side - $415,000
Non -Sworn Employee Merit Raises and Sworn Police Structure Adjustments - $521,000
Lewisville Hosting Fee Increase - $231,000
Emergency Communication Center (NTECC) Increase - $111,600
The total being $1,278,600.
Ms. Evans -Jones reviewed the following:
Building Permits - $2.5M
• The largest percentage increase of any revenue category; West Side Development
• Adjustment in rate structure proposed
Refuse Services - $3.6M
• Increase presumes expansion of Camelot Landfill — December 2017
Court Fines - $2.31VI
• Success with Marshal's Program — start-up cost covered in the first year
• 2015 -16 Actual, $2.1 M; 2016 -17 Projected, $2.25M
Total Revenues - $56.8M, 3.4% increase from 2016 -17 Amended Budget
Refuse Services - $3.6M
• Increase presumes expansion of Camelot Landfill — December 2017
Contingency Plan - Options
Agriculture Land Revenue - $300K
Economic Development Fund - $300K
Street Maintenance - $400K
Other Options —
• Defer hiring
• Defer Police Car Replacements
Police Chief David Hale briefed City Council regarding future growth projections for single
and multifamily dwelling units. He reviewed a beat map, noting seven (7) beats have been
proposed. He summarized, stating (3) new sworn Patrol Officers with one (1) Training
Division Officer has been requested in the proposed budget.
Fire Chief Steve Parker provided an overview of the 2017 -18 Staffing Requests for the Fire
Department. He explained he has requested one (1) part time fire fighter inspector and
City Council Minutes August 15, 2017
three (3) full time firefighter paramedic positions. Chief Parker provided Council with an
overview on Fire Inspections, and response times.
The City Council discussed staffing, training, and how applicants are chosen.
Assistant to City Manager Ben Williamson briefed City Council regarding the following non-
profit funding requests:
Organization FY 15 -16 FY 16 -17 FY 17 -18 Request Request as a
Approved Approved Percent of
Budget
FB Chamber of Commerce $80,000 $80,000 $80,000 42%
Metrocrest Chamber of $7,500 $7,500 $7,500 1.969%
Commerce
Metrocrest Community Clinic $12,000 $12,000 $15,000 1 %
The Family Place $10,000 $10,000 $10,000 2%
Metrocrest Services/Senior Adult $175,000 $175,000 $195,000 3.7%
Services
Beas Kids $7,500 $7,500 $10,000 8.3%
Keep Farmers Branch Beautiful $5,000 100%
The Firehouse Theater - - $40,000 10%
TOTALS: $292,000 $292,000 $362,500
Council Member Lynne suggested waiting on additional Police hires until next year to allow
the West Side to develop.
Mayor Pro Tem Norwood asked to see a detailed timeline to allow Council to see when
and where the additional tax revenue is coming from.
The City Council discussed Police technology, response times, and comparison with
surrounding cities.
Parks Director Jeff Harting briefed City Council regarding the Historical Park needs. He
explained two issues require funding: (1) Gilbert House south wall needs stabilization and
crack repairs; and (2) the Historical Park Church does not have proper drainage and
ventilation. He noted piers might be necessary to raise the building higher and allow better
ventilation.
Mayor Pro Tem Norwood asked that any repairs be made properly, with no short cuts. He
supports preserving the City's historical buildings.
Deputy Mayor Pro Tem Bomgardner asked about the delta in revenue in regards to the
Aquatics Center. He asked that Staff review and provide plans to address any future
deficits. He asked Staff to review what other cities are doing with these types of amenities
and suggested cutting back on certain non - profit funding.
Council Member Lynne suggested offering a movie and float event at the Aquatics Center.
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Deputy Mayor Pro Tern Bomgardner suggested a two -year plan to cut back on the non-
profit budgets.
Farmers Branch Chamber of Commerce Nanette Foght, spoke stating the Chamber is
growing and needs the City's support.
Mayor Pro Tern Norwood suggested removing the $1 ticket portion of ticket sales the City
receives and allow The Firehouse Theatre to retain full portion of the sales. He noted this
would be alternate way to assist The Firehouse Theatre.
Deputy Mayor Pro Tern Bomgardner suggests The Firehouse do more fundraising and
suggested matching their fundraising in order to challenge them. Mr. Cox replied stating
it must be a contract of service.
Council Member Blackson stated he supports The Firehouse Theatre, noting this is a
destination area that needs revitalization.
Deputy City Manager John Land suggested using a portion of hotel motel funds for the
Firehouse Theatre and suggested removing the $40,000 request from the nonprofit
funding.
Mr. Cox explained further discussion will occur at the August 29, 2017 Special Called City
Council meeting.
Mayor Dye recessed for a break at 4:48 p.m. and reconvened at 5:03 p.m.
A.3 TMP -2314 Receive an update regarding SB1004 relating to the
deployment of Wireless Network Node equipment in public
right -of -way and authorizing fees.
Planning Manager Alexis Jackson provided City Council with an overview of SB1004.
Ms. Jackson noted earlier this summer the Texas Legislature approved Senate Bill
1004 (SB1004). This legislation severely limits the amount of control a municipality
can impose on Network Telecommunication Providers requesting permission to install
peripheral wireless network node equipment on utility poles located within City right -
of -way. The providers insist this additional equipment is essential to provide adequate
data service to the next generation of phones and appliances using 5G technology,
which we support, however the unsightliness of such equipment is a concern. SB1004
also requires all allowable municipal regulation to be officially approved by the City
before September 1, 2017. Ms. Jackson explained City Staff has prepared an
Ordinance, which amends Chapter 70, by adopting Article V, "Network Providers" and
amending Appendix "A" Fee Schedule. The amendment to the fee schedule provides
a new source of revenue for cost for placement of such equipment within City rights -
of -way.
City Council discussed the maximum fee the City receives, pole requirements and the
process of equipment and installation.
A.4 TMP -2297 Receive a presentation on Code Enforcement Data Analysis.
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Assistant to the City Manager Ben Williamson briefed City Council regarding this item. Mr.
Williamson explained this presentation would highlight the direction the City of Farmers
Branch is taking with "big data" and implementing balanced scorecards.
Mr. Ray Mendez, Code Enforcement Manager, introduced the Code Enforcement Officers
to City Council. He reviewed the adjustments in resident communications and feels more
compliance has been made through public education.
Mr. Mendez provided an overview of Code Violation cases and noted the City has
contracted with Metro Study to provide an updated property condition survey for the City.
He stated the results would be provided at a future City Council meeting.
Mayor Dye recessed from Study Session at 5:44 p.m.
Mayor Dye called the regular meeting to order at 6:01 p.m
B. INVOCATION & PLEDGE OF ALLEGIANCE
Council Member Lynne provided the invocation. Council Member Blackson led the Pledge
of Allegiance and Mayor Dye led the Pledge to the Texas Flag.
C. CEREMONIAL ITEMS
CA 17 -560 Consider accepting an in -kind donation for $14,260 from the Friends
of the Farmers Branch Historical Park to the Farmers Branch
Historical Park; and take appropriate action.
Deputy Mayor Pro Tern Bomgardner made a motion to accept an in -kind donation in an
amount of $14,260 from the Friends of the Farmers Branch Historical Park to the Farmers
Branch Historical Park. Motion seconded by Mayor Pro Tern Norwood. Motion prevailed
by the following vote:
Aye: 4- Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Blackson,
Council Member Lynne
Mayor Dye thanked Ms. Claire Connally who was representing the Friends of the Farmers
Branch Historical Park, for their donation.
D. REPORT ON STUDY SESSION ITEMS
Deputy Mayor Pro Tern Bomgardner provided a report on Study Session items.
E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST
The City Manager provided the following report:
• There is a big event schedule for the fall season that kicks off in September. Be looking
for information on:
• The Pickups -n- Panels Car & Truck show on September 9
• Sunset Movies at the Manske Library amphitheater September 2 & 16
• Encounters from the Past cemetery tours September 15 & 16
• Date Night in the Park September 23 and more
City Council Minutes August 15, 2017
• Don't forget that the Farmers Branch Animal Adoption Center is running a 'Dog Days of
Summer' special with lower adoption fees in an effort to reduce the population of the
shelter. Through the end of the month, dogs and cats can be adopted for $20 with kittens
and puppies for $45. Find out more and come visit adoptable pets at 3727 Valley View
Lane or call the staff at 972.919.8770.
• Don't' forget that Information and education on the proposed Quality of Life bond issues
can be found online at votefbtx.com.
• Most City of Farmers Branch offices and facilities will be closed on Monday, September 4
in observance of the Labor Day holiday. However, the Community Recreation Center and
Margaret Young Natatorium will be open from 6 a.m. until 5 p.m.; Next door, the Frog
Pond will celebrate its last day of the summer swim season by opening from 12 noon
through 6 p.m., and the Historical Park will be open from 8 a.m. until 5 p.m. Importantly,
please note that regular garbage and recycling will be collected on Labor Day.
• 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
Ms. Kim Connally read an excerpt from Dr. Gilbert's Historical diary.
G. CONSENT AGENDA
G.1 17 -552
Consider approving minutes of the regular City Council meeting
held on August 1, 2017; and take appropriate action.
G.2 R2017 -096
Consider approving Resolution No. 2017 -096 authorizing the City
Manager to apply for and accept a grant through the Rifle Resistant
Body Armor Grant Program; and take appropriate action.
G.3 R2017 -097
Consider approving Resolution No. 2017 -097 adopting a revised
Historical Park rental policy; and take appropriate action.
GA ORD -3459
Consider adopting Ordinance No. 3459 amending the Code of
Ordinances Chapter 22 Building Regulations Article II, amending
the Fee Schedule by amending Permit fees and adding a
Technology fee schedule; and take appropriate action.
Motion made by Council Member Lynne to approve Consent Items G.1 through GA, as
presented. Motion seconded by Deputy Mayor Pro Tern Bomgardner. Motion prevailed by
the following vote:
Aye: 4 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Blackson,
Council Member Lynne
H. PUBLIC HEARINGS
HA TMP -2262 Conduct a public hearing to consider adopting a maximum
property tax rate of $0.602267 on September 12, 2017; and
take appropriate action.
City Manager Charles Cox was present to answer any questions.
Mayor Dye opened the public hearing. There were no residents present that wished to
speak.
City Council Minutes August 15, 2017
Motion made by Council Member Lynne to close the public hearing and adopt a maximum
property tax rate of $0.602267. Motion seconded by Mayor Pro Tern Norwood. Motion
prevailed by the following vote:
Aye: 4- Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Blackson,
Council Member Lynne
I. REGULAR AGENDA ITEMS
1.1 ORD -3455 Consider adopting Ordinance No. 3455 calling for a bond
election in the amount of $15,000,000 to be held within the City
on November 7, 2017 making provisions for the conduct of the
election and other provisions relating thereto, and take
appropriate action.
Mr. Cox explained a Council- appointed Citizen Bond Committee, composed of Farmers
Branch residents, studied the needs of the City and made recommendations to City
Council. The Committee evaluated 37 quality of life proposals over nine months and
donated more than 2,400 hours of their time. The Committee grouped the proposals
according to priority and presented their recommendations to City Council in November
2016. City Council further prioritized the proposals on January 31st, 2017 to form three
core initiatives which represent the bond items in Ordinance No. 3455:
• Pike Street/Station Area Improvements
• Trails and Sidewalks
• Residential Revitalization
An ordinance, with proposed ballot language, has been prepared by the City's bond
counsel, Bracewell LLP, based on the City Council's direction.
Motion made by Deputy Mayor Pro Tern Bomgardner to adopt Ordinance No. 3455, as
presented. Motion seconded by Council Member Blackson. Motion prevailed by the
following vote:
Aye: 4- Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Blackson,
Council Member Lynne
1.2 ORD -3457 Consider adopting Ordinance No. 3457 regulating the
installation wireless network node equipment within City Right
Of Way including proposed fees and take appropriate action.
Planning Manager Alexis Jackson briefed City Council regarding this item, noting
Ordinance No. 3457 and Ordinance No. 3458 could be approved in one motion. Ms.
Jackson explained the new Senate Bill 1004 (SB1004), stating it limits the amount of
control a municipality can impose on Network Telecommunication Providers requesting
permission to install peripheral wireless network node equipment on utility poles located
within City right -of -way. She explained SB1004 requires municipal regulation to be
officially approved by the City before September 1, 2017. In an effort to meet this deadline,
and provide the City with as much control as possible regarding the installation of this new
Wireless Network Node equipment, City Administration has prepared the proposed
ordinances, which amends Chapter 70, by adopting Article V, "Network Providers" and
City Council Minutes August 15, 2017
amending Appendix "A" Fee Schedule. The amendment to the fee schedule provides a
new source of revenue for cost for placement of such equipment within City rights -of -way.
Deputy Mayor Pro Tern Bomgardner made a motion to approve Ordinance No. 3457 and
Ordinance No. 3458, as presented. Motion seconded by Council Member Blackson.
Motion prevailed by the following vote:
Aye: 4- Mayor Pro Tem Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Blackson,
Council Member Lynne
1.3 ORD -3458 Consider adopting Ordinance No. 3458 establishing design
standards for such wireless network node equipment in special
design districts within the City; and take appropriate action.
This item was combined with Agenda Item 1.2, and approved in one motion.
1.4 17 -558 Keep Farmers Branch Beautiful update.
Sustainability and Public Health Director Shane Davis briefed City Council regarding this
item. Mr. Davis introduced Pat Link who briefed City Council on Keep Farmers Branch
Beautiful. She explained Keep Farmers Branch Beautiful Board will be established with
bylaws and align with the Sustainability Committee and the City to further assist with
sustainability. She explained, they are working towards becoming a non - profit
organization and they will present an overview of their goals for the upcoming year.
The City Council recessed from the Regular meeting at 6:44 p.m.
Mayor Dye reconvened to continue the Study Session at 6:53 p.m.
Due to time constraints, City Council reviewed Study Session items after the regular
meeting and skipped to Agenda Item A.S.
A.5 TMP -2318 Receive a presentation regarding the new City website.
Communications Director Tom Bryson provided City Council with a tutorial of the new city
website.
Council Member Lynne suggested adding a tab under Codes to allow permit searches.
A.6 TMP -2295 Discuss 2017 -2018 Parks and Recreation Event Proposals.
Parks and Recreation Manager Meredith Dowdy briefed City Council regarding this item.
Ms. Dowdy met with the Park and Recreation Board and reviewed the following
recommendations:
• Reverse the tour of lights route to go from Ford Road through the Historical Park,
ending on Denton Drive & Valley View.
• Eliminate Stars & Strings and replace with a third Date Night in the Park
• Charge admission fees for Date Night in the Park
• $5 per couple or $3 individual — Ages 16 & up
• $15 per child — Ages 15 and under
City Council Minutes Auqust 15 2017
Add VIP Experiences
• Date Night in the Park Flights & Bites Tasting - $25 per person
• Bloomin Bluegrass: Early Entry Fee (Implement in 2017) - $5
Council Member Blackson suggested charging admission fees to non - residents who
attend Farmers Branch events such as Date Night and Independence Day events. He
recommended seeking more sponsorship.
Mr. Harting stated in the past, the Parks and Recreation Board has been opposed to
charging entrance fees.
The City Council discussed annual fee payment opportunities for residents, package deals
with Vendors for events, and revenue from food trucks.
Deputy Mayor Pro Tern Bomgardner suggested an admission rate of $5's, and asked that
the Daddy Daughter Dance ticket price be reviewed and increased to allow the City to
recover event costs.
Mr. Cox asked City Council if there were any events listed that Council prefers no alcohol
sales. City Council had no restrictions, but did recommend allowing alcohol sales at the
Veterans Day event.
A.7 TMP -2315 Presentation on controlling Short Term Rental (STR) Units within the
City.
Mr. Gillies reviewed the following options:
City of Austin Option-
• Requires all STR to register with the City and pay Hotel Occupancy
Taxes (HOT)
• Establishes a 3 Tier system and limits the number of STR units;
• Allows STRs in residential neighborhoods but establishes a 1,000 ft
distance requirement;
City of Fort Worth Option:
• Requires all STRs to register and pay HOT
• Prohibits STRs from locating in Single Family Zoning districts
City of Galveston Option:
• Requires all STRs to register and pay HOT
• Requires alt STRs to post the general rules of operation
• Allows in all zoning districts
Do Nothing Option:
• Wait for the State Legislature to take action (HB 2551 or SB 451)
Mr. Gillies reviewed registration requirements if the City pursues the STR option and other
general policies and requirements.
Council Member Lynne requested City registration for all short-term rentals and collect the
hotel motel tax.
The City Council discussed a possible license fee, enforcement process if registration did
occur.
City Council Minutes August 15, 2017
Mayor Pro Tern Norwood was opposed to adding legislation to the entire City with only 10
short term rental units within Farmers Branch.
Mr. Cox stated other cities have created demand letters, which requires the Hotel
Occupancy tax be paid during online rentals. He stated he will prepare a demand letter
and require all agencies to collect these fees.
A.9 17 -554 Discuss agenda items for future City Council meetings.
The City Council had no discussion on this item.
J. EXECUTIVE SESSION —
The City Council convened into closed executive session at 8:19 p.m.
J.1 17 -568 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.
• Consultation with City Attorney regarding application for
Amended Permit to Expand Camelot LF (Texas Commission
on Environmental Quality MSW Permit Application No.
1312B)
Mayor Dye recessed from Executive Session at 8:58 p.m.
L. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED
EXECUTIVE SESSION
The City Council took no action, as a result of the closed executive session.
M. ADJOURNMENT
Mayor Pro Tern Norwood made a motion to adjourn the meeting. Motion seconded by
Council Member Lynne. Motion prevailed by the following vote:
Aye: 4- Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Blackson,
Council Member Lynne
The meeting adjourned at 8:56 p.m.
SIGNED:
ATTEST:
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