2017-12-12 CC Minutes City Council Minutes December 12,2017
City of Farmers Branch
City Council Minutes
3 p.m. Study Session
FARMERS 6 p.m. Regular Meeting
BRANCH
Farmers Branch City Hall
Tuesday, December 12, 2017 13000 William Dodson Pkwy Council Chambers
Farmers Branch.TX 75234
Presiding: 1 - Mayor Robert C. Dye
Present: 5 - Mayor Pro Tern John Norwood, Deputy Mayor
Pro Tem Mike Bomgardner, Council Member
Ana Reyes, Council Member Bronson Blackson,
Council Member Terry Lynne
Staff: - Charles Cox, City Manager; John Land, Deputy
City Manager; Amy Piukana, City Secretary;
Braden Metcalf, City Attorney; David Hale, Police
Chief; Jay Siegel, Deputy Police Chief; Sherrelle
Evans-Jones, Finance Director; Hugh Pender
Director of Community Services; Marc Bentley
Director of Public Works; Shane Davis, Director
of Sustainability and Public Health; Katy Evans,
Public Health Manager; Brian Beasley, Director
of Human Resources; Andreea Udrea, Planning
Manager
A. STUDY SESSION
Mayor Dye called the Study Session meeting to order 3:00 p.m.
A.1 TMP-2446 Discuss regular City Council meeting agenda items.
Mayor Dye asked for discussion on Agenda Item G.7, Code of Ethics. He explained
several residents have contacted him regarding the proposed Code of Ethics
amendments, questioning if it sets us to the highest standards. He asked Council Member
Reyes if she felt the proposed Ordinance provides a high enough standard.
Council Member Reyes replied stating she has worked with the City Manager and Deputy
City Managers on drafting the Ordinance, and research was conducted with other cities in
preparation of the Ordinance. Council Member Reyes suggested tabling this item to allow
additional feedback.
Council Member Lynne stated he felt Agenda Item G.7, (Code of Ethics)should be tabled.
He stated, the Ordinance contains discrepancies that need to be discussed with the City
Attorney. He explained anyone can make a complaint,and due process should be allowed
so the officer can respond and work through the allegation. He suggested instead of the
required two year review of the Code of Ethics,just require the Charter Review Committee
to review with their items.
1
City Council Minutes December 12,2017
Mayor Dye stated recommends tabling Agenda Item G.7, Code of Ethics.
Deputy Mayor Pro Tern Bomgardner asked for clarification on page 14, in regards to "no
political activities be allowed at City facilities", he stated this needs to be specific.
Council Member Lynne asked that Agenda Item G. 2, reappointment of Craig Greenway —
be removed from Consent, and placed first as a Regular Agenda item to allow Mr.
Greenway to speak first.
Council Member Lynne asked for clarification on Agenda Item G.3, in regards to the $5.5
million dollars cost on Fire Station #2.
Chief Parker stated this allows the city to use funds as a capital project and allow funds to
be allocated at a different date. He stated it allows reimbursement and the project to move
forward, noting it will be conducted as Phase I and Phase II. He stated tonight's consent
item is merely a technical piece.
Deputy Mayor Pro Tem Bomgardner stated he supports the project, however; he does not
recall public hearings, noting discussions in an open public forum to allow citizens to speak
and share ideas on the Fire Station is important.
Chief Parker replied explaining the items have been reviewed in a public forum through
the Citizen Bond Committee and Sub Committees. He explained there is not a legal
requirement for a public hearing at this point.
Council Member Reyes asked when the public hearing would be conducted.
Chief Parker replied stating during Phase I of the project, three public hearings would be
conducted. He explained the entire process has been structured to involve the public, and
he expects January to February as dates to hold public meetings.
Council Member Lynne explained he has received comments about adding a fourth Fire
Station, and the costs. He stated his goal is to allow all residents to feel satisfied and be
allowed the opportunity to provide input.
Mayor Pro Tern Norwood stated to pull this item off the agenda would be nonproductive.
He stated Council discussed this item a year a half ago, and the City Manager stated the
Fire Station could be added without raising debt. He explained this is a public safety item,
and Council has already agreed to issue Certificate of Occupancies. He further stated
citizens will be allowed to speak, and the Council will review the site plan and feasibility
study.
Council Member Reyes asked for clarification on Agenda Item G.6, Mandatory Crime
Reduction, in regards to the residential security survey.
Chief Hale explained the survey allows the City to have a list to make sure safety related
items in apartment dwellings are working such as dead bolt door locks, window lock, etc.
A.2 TMP-2387 Discussion regarding City Marketing.
Special Projects Manager Rachael Johnson briefed City Council regarding this item. Ms.
Johnson presented a marketing video on Farmers Branch. Afterwards, she reviewed 2018
2
City Council Minutes December 12, 2017
distribution of marketing funds, types of Digital Media used, such as in house publications
and video outreach. She noted digital media top points are (1) cost effectiveness, (2)
targeting abilities, (3) provide analytics, (4) preferred method to reach our target
demographic (ages 24-44).
Ms. Johnson reviewed the following success stories: The City spent $584 on Date Night
in the Park reached 315,000 people, with an estimated attendance of 4,000 people. She
stated the Laura Ingalls Wilder event had zero cost, just posted through Facebook, sold
out in one day.
Ms. Johnson reviewed the following 2018 marketing opportunities which includes:
Historical Park-messaging, branding, promotion;Aquatics-Continue to increase Aquatics
attendance and revenue generation; Façade Grant program - Update materials and
increase promotion; Expand the Stay& Play program to offer staycation packages; Include
retailers and business in the Discover FB Campaign; Continue to optimize the website to
increase engagement.
Deputy Mayor Pro Tem Bomgardner suggested measuring the success of these events
based on numbers of people that attend events, not on clicks to the website. He stated
the demolition rebuild program is very important and asked about weddings.
Ms. Johnson stated she has received mixed feedback on wedding promotions.
Deputy Mayor Pro Tern Bomgardner stated weddings are difficult to promote due to limited
parking and access. He suggested targeting other areas.
Council Member Lynne stated digital marketing is the way of the future. He suggested
adding coupons, incentives and maybe hotel packages online via the website. He
suggested coordinating with the hotels to cross-market as package deals.
Ms. Johnson agreed,and stated we have added online media calendars to show upcoming
events via the website. She noted direct mail is very expensive, and her goal is to reach
all including apartment dwellings.
Council Member Blackson suggested posting flyers at apartment bulletin board locations
or in office areas.
Council Member Lynne asked to see a listing of events over time, with the breakdown of
marketing costs and attendance.
Deputy City Manager John Land explained the City has been very creative with marketing.
He further stated City Administration currently networks for sponsorships, and agreed to
provide Council with a breakdown. He explained the City has a history of amazing events,
resulting in gate closures at the Independence Day event.
Council Member Lynne suggested working with hotels to promote weddings.
Mr. Land explained the City has a great relationship with hotels, which includes recruiting
sporting events. He stated we have a Tourism Ambassador program, which allows
assistance for events, with stay and play packages.
Mayor Pro Tem Norwood stated he recently met with the Historical Park Subcommittee,
explaining the top two goals of the Historical Park are to tell the Story of North Texas
3
City Council Minutes December 12,2017
History, and review other sites in the area that are credentialed with the goal to attract
visitors to high quality entertainment exhibits and events.
A.3 TMP-2392 Receive an update on proposed Comprehensive Zoning Ordinance
revisions.
Planning Manager Andreea Udrea briefed City Council regarding the proposed
amendments. She introduced Brooks Wilson who is a contract Planner for the City. She
passed out updated Comprehensive Zoning Ordinance revisions to the Council.
Ms. Udrea reviewed proposed setbacks, and definitions and criteria for full service hotels,
limited service and residential hotel, boutique hotel, and motel. She stated some cities do
not include a motel definition.
Council member Reyes asked what happens if we eliminate the motel definition.
Ms. Udreea replied stating if you exclude the definition, you do not allow it as a use.
Council Member Lynne suggested requiring a higher number of rooms for full service
hotels, stating more rooms allow bigger events and generate more hotel motel tax for the
City.
Council Member Lynne stated, in regards to residential setbacks, people want larger
homes on existing lots. He stated he does not agree to a 15 ft. setback, but would consider
adjusting the current setbacks.
Ms. Udrea explained the proposed amendment being considered is a 25 ft. setback.
Building Official Hugh Pender stated the Branch Crossing development is a great example
of homes that have 25ft. and 30 ft. setbacks.
Council Member Blackson asked out of the fourteen Zoning Board of Adjustment (ZBA)
cases, how many were approved.
Mr. Pender replied stating all fourteen were approved.
Ms. Udrea explained 90% of the case requests were golf course lots.
City Council discussed lot size verses home size, tree placement, backyards, and
restrictions.
After discussion, Mayor Pro Tem Norwood suggested moving to a 25 ft. setback and 30 ft.
setbacks and allowing ZBA to review any requests that may involve hardships.
Council Member Lynne suggested having a rule for front facing garages that might have
swing drive to turn in.
Ms. Udreea replied stating she will review.
The City Council discussed front loaded parking drives, carports, garage conversions, and
parking issues.
After discussion, Ms. Udrea continued her review discussing mobile food trucks. Ms.
Udrea stated there are three types of mobile food units. (Small, Medium, and Large).
Deputy Mayor Pro Tern Bomgardner asked if taxes are collected on mobile food trucks.
4
City Council Minutes December 12,2017
Ms. Sherrelle Evans-Jones replied the City collects a 12% fee.
Ms. Udrea reviewed Accessory Structures, and Landscaping.
Council Member Blackson asked why the accessory structure height cap is at 15 ft.
Ms. Udrea replied it is consistent with garages, which are usually set at 15ft.
Deputy Mayor Pro Tem Bomgardner stated there are challenges with storm water runoff,
noting we need a policy for upstream flow on land and parking to allow water to absorb.
Ms. Udrea stated permeable pavers and standards could be researched.
A.4 TMP-2452 Receive a report on proposed amendments to the Mandatory
Crime Reduction Program for Designated Apartments.
Police Chief David Hale briefed City Council regarding this item. He reviewed the following
proposed 2018 complexes in the Mandatory Crime Reduction Program:
Deputy Mayor Pro Tern Bomgardner stated he feels 24 months is too long and asked if it
could be reduced to 12 months.
Chief Hale stated this program is based on a Calendar year program, and the City
Attorneys recommended the 24 months.
City Attorney Braden Metcalf explained the 24 month meets the restriction requirements
by law, including fair notice, and allows them to modify their behavior.
Chief Hale stated his goal is to work with the Apartment Communities to gain compliance,
and maintain a balance. He further stated this is why he is initiating a Beat 7.
The City Council discussed high crime index, program goals, police officer duties and man
power to enforce the program.
Deputy Mayor Pro Tern Bomgardner suggested 12 months verses the 24-month time.
Council Member Blackson asked for clarification on the violent crime index.
Chief Hale stated the violent crime index is based on the number of units.
Council Member Reyes suggested setting the crime index at 6.5 index.
City Attorney Braden Metcalf explained the formula needs to be consistent.
The City Council recessed at 5:50 p.m. and reconvened in Regular Session at 6 p.m.
A.5 TMP-2453 Discuss City Council meeting dates for Calendar Year 2017-18.
(This item was discussed later in the meeting)
A.6 TMP-2455 Discussion regarding backyard chickens and provide direction.
This item was not discussed.
A.7 TMP-2447 Discuss agenda items for future City Council meetings.
5
City Council Minutes December 12,2017
This item was discussed later in the meeting.
CALL TO ORDER (6 P.M.)
Mayor Dye called the City Council meeting to order at 6:05 p.m.
B. INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Pro Tem Norwood provided the invocation and led the Pledge of Allegiance.
C. CEREMONIAL ITEM
C.1 TMP-2391 Consider acceptance of the bequest to the City from the Estate of
Glenda Sue Moore for the benefit of the City's Animal Adoption
Center; and take appropriate action.
Mayor Dye accepted a donation on behalf of Ms. Glenda Sue Moore, a Farmers Branch
resident passed away in October 2017 who left a generous donation to the City of Farmers
Branch for the benefit of the Animal Adoption Center.
Environmental Services Director Shane Davis thanked the family for the generous
donation.
Motion made by Mayor Dye to approve acceptance of the bequest from the Estate of
Glenda Sue Moore for the City's Animal Adoption Center. Motion seconded by Deputy
Mayor Pro Tem Bomgardner. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Norwood, Deputy Mayor Pro
Tem Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
C.2 TMP-2441 Recognizing Andreea Udreea, Planning Manager, for receiving
her AICP Certification.
Mayor Dye and Deputy City Manager John Land recognized Planning Manager Andreea
Udreea for obtaining her American Institute of Certified Planners(AICP)certification. This
certification is the only nationwide, independent verification of planners' qualifications.
Mayor Dye recognized former Council Members: Mayor Bob Phelps, David Koch, Carol
Dingman and Nancy Hardie who were in attendance.
D. REPORT ON STUDY SESSION ITEMS
Mayor Pro Tem Norwood provided a report on Study Session items.
E. MAYOR AND CITY MANAGER'S REPORT ON ITEMS OF COMMUNITY
INTEREST
Mayor Dye requested the Farmers Branch marketing video be played to allow residents to
view.
Deputy City Manager John Land provided the following announcements on items of community
interest:
• The 2017 edition of the Farmers Branch Christmas Tour of Lights is now underway with
lights on from 6:30 to 9:30 p.m. each evening, through December 30. Beginning at l-35E
6
City Council Minutes December 12, 2017
and Valley View, the tour follows Denton Drive to Farmers Branch Lane and through
the Historical Park. Admission is free with a $5 donation recommended to the non-profit
agencies working in the park. The Tour will be closed only on Christmas night, December
25. Find out more at fblights.com.
• The annual Christmas Open House at the Farmers Branch Community Recreation Center
on Friday, December 1 from 6:30 until 8:30 p.m. Admission is free.
• The second of two special Holiday Markets has been scheduled for Saturday, December
16,from 1 until 5 p.m. at the regular Farmers Market site-The Grove @ Mustang Crossing.
Patrons will be able to shop for handmade and vintage gifts and other unique items as they
browse the various vendors and artisans at the Holiday Market. Find out more
at farmersbranchmarket.com.
• There will be several alterations to normal operating hours in conjunction with the upcoming
Christmas and New Year's weekends. In summary, all City offices and facilities are closed
on Christmas Day and New Year's Day with no garbage or recycling collection either day.
However, for Monday recyclers on New Year's week ONLY, your recycling collection will
be made up on Wednesday, January 3. For all facility hours for both holiday weekends,
visit farmersbranchtx.gov.
Fezziwig's Annual Christmas Ball (The Firehouse Theatre provided an announcement and
sang a Christmas musical.)
• 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
The following citizens wished to speak under citizen comments:
Resident Maxwell Little spoke in opposition of chickens.
Beth Tribble Hurtle spoke with concerns about the proposed Code of Ethics Ordinance.
She stated she is with the American Association of Women (AAW), and requested women
be involved in drafting the amended Code of Ethics Ordinance.
Ruthann Holt spoke providing her suggestions to the proposed Code of Ethics Ordinance.
G. CONSENT AGENDA
G.1 TMP-2448 Consider approving City Council minutes of the regular meeting
held on November 28, 2017; and take appropriate action.
G.3 R2017-133 Consider approving Resolution No. 2017-133 for intent to establish a
Farmers Branch Property Assessed Clean Energy (PACE).
G.4 R2017-137 Consider adopting Resolution No. 2017-137 authorizing the City
Manager to approve the purchase of five replacement patrol vehicles
for Police Department in the total amount of $166,900 from Reliable
Chevrolet through the Tarrant County Contract; providing an
effective date; and take appropriate action.
G.5 R2017-138 Consider approving Resolution No. 2017-138 for a Detailed Site Plan
for an office building on a 4.96 acres tract located at the northeast
corner of Wittington Place and Chartwell Crest; and take appropriate
action.
G.6 ORD-3477 Consider adopting Ordinance No. 3477 amending the Code of
Ordinances, Chapter 26, Article Ill, Mandatory Crime Reduction
7
City Council Minutes December 12, 2017
Program for Designated Apartment Complexes; and take
appropriate action. (Discussed later in the meeting.)
G.7 ORD-3479 Consider adopting Ordinance No. 3479, amending the City Council
Code of Ethics Ordinance; and take appropriate action.
This item was tabled to a future Council meeting.
G.8 18 PL-01 Consider approving a request from Vintage Place Farmers Branch,
LLC for final plat approval of Vintage Place; and take appropriate
action.
Motion made by Mayor Pro Tern Norwood to approve Consent Items G.1, G.4, G.5, and
G.B., as presented. Motion seconded by Council Member Blackson. Motion prevailed by
the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern
Bomgardner, Council Member Reyes, Council
Member Blackson, Council Member Lynne
G.2 R2017-132 Consider approving Resolution No. 2017-132 reappointing Craig
Greenway to Place 5 on the Metrocrest Hospital Authority Board;
and take appropriate action.
Mr. Craig Greenway spoke explaining he is currently seeking reappointment to serve on
the Metrocrest Hospital Authority Board.
Council Member Lynne thanked Mr. Greenway for attending, explaining he requested his
attendance to allow the entire Council to meet him in person.
Motion made by Council Member Lynne to approve Resolution No.2017-132, reappointing
Mr. Greenway to the Metrocrest Hospital Authority Board. Motion seconded by Council
Member Reyes. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro Tern
Bomgardner, Council Member Reyes, Council
Member Blackson, Council Member Lynne
H. PUBLIC HEARINGS
H.1 ORD-3478 Conduct a public hearing and consider adopting Ordinance No. 3478
for a zoning amendment to the Planned Development District No. 95
(PD-95) for a 9.6 acre site located at 14175 and 14031 Dallas North
Parkway; and take appropriate action.
Planning Manager Andreea Udrea briefed City Council regarding this item. Ms. Udrea
explained the existing site is 9.6 acres with three undeveloped lots. The property is located
within the Planned Development District No. 95(PD-95). She noted PD-95 was developed
as the result of three combined planned development districts (PD-76, PD-42, and PD-
41). She explained since none of these PDs allowed for residential development, the new
Planned Development district was specially designed for their proposed residential project.
8
City Council Minutes December 12, 2017
The Provident proposal includes approximately 648 multifamily residential units, to be
constructed in two phases.
Ms. Udrea stated JPI Real Estate Acquisitions, LLC has the property under contract and
is proposing the current zoning amendment to the Conceptual Site Plan to better
accommodate the design of"Jefferson East Branch," a mixed-use community with several
retail ready units at the corners of the buildings and multi-family units in the remainder of
the building. The intent of this proposed amendment is to adjust the Conceptual Site Plan
and PD-95 to accommodate Jefferson East Branch, 740 multi-family dwelling units and
approximately 5,000 square feet of first floor retail space. She explained the proposed
Conceptual Site Plan shows the reconfiguration of the perimeter private streets.
Ms. Udrea explained the proposed project would be composed of two residential buildings,
each with an internal parking structure and two courtyards. Each building will be five (5)
stories in height (approximately 78 feet). The northern building will be slightly larger than
the southern building, and will be approximately 442,500 square feet in size with 390
dwelling units and space for retail-ready units in the southwest corner, two internal
courtyards and 630 parking spaces in the parking garage. The southern building will be
approximately 399,350 square feet in size with 350 dwelling units and space for retail-
ready units in the northwest corner, two courtyards and 525 parking spaces in the parking
garage. All of the dwelling units will be either one or two bedroom floorplans.
Ms. Udrea explained the project will be developed in two phases. The first phase will be
the northernmost lot and building. This phase will also include the construction of all the
necessary infrastructure (water, sewer, etc.). She explained Phase II will consist of the
smaller southern building and lot.
Mr. Tommy Mann of Winstead PC and Miller Sylvan with JPI provided a presentation
detailing the site, market study, and evaluation of the east and west side timing.
The City Council discussed rental prices, noise levels, entrance turns, retail and residential
uses of the development.
Mayor Dye opened the public hearing. There being no one present that wished to speak,
motion made by Council Member Blackson to close the public hearing and approve
Ordinance No. 3478, as presented. Motion seconded by Deputy Mayor Pro Tem
Bomgardner. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
H.2 ORD-3480 Conduct a public hearing and consider adopting Ordinance No. 3480
for a rezoning of a 54.53 acre site from Planned Development District
No. 88 (PD-88) into a new Planned Development District No. 100 (PD-
100)located along Wittington Place East between Chartwell Crest and
the future extension of Hutton Drive; and take appropriate action.
Planning Manager Andreea Udrea briefed City Council regarding this item. Ms. Udrea
explained the applicant Centurion American, is now proposing to rezone the 54.53-acre
site from PD-88 and create a new Planned Development District, PD-100 to allow the
9
City Council Minutes December 12,2017
development of a new single family homes neighborhood to be known as Kensington. This
new neighborhood is planned as a part of the overall Mercer Crossing master planned
community that is currently under development by Centurion American. The subject site is
located immediately northeast of the area contained in PD-99.
Ms. Udrea stated the applicant proposes to develop the Kensington neighborhood as a
new master planned residential community and townhomes.
Ms. Udrea reviewed the following environmental history on the 54.53-acre site zoned PD-
100. She noted currently this site is a brown field, a former industrial or commercial site
where future use is affected by real or perceived environmental contamination.The original
use of the area was gravel. She explained the site was developed as a commercial
building and was used for the manufacturing and packaging of pickled food products. The
site was then used for the manufacture of lead automotive batteries from approximately
1971 until 2001. During that time frame, the facility was owned by the following entities:
Gould, Inc., GNB, Inc., and Exide Technologies, respectively. The property was vacated
by September 2002 with all site structures demolished by 2010.
Ms. Udrea explained the applicant hired an environmental consultant, EnviroPhase, to
perform comprehensive soil sampling and water testing. A total of 186 surface soil
samples from 93 different locations were collected. A system of monitoring wells was
installed on the property. The City participated in the testing by sharing the samples to
ensure accuracy and consistency. The results from EnviroPhase matched those of the
city's Contractor, Pace Analytical. She explained Phase I Environmental Site Assessment
report issued by EnviroPhase in May 2015 identified arsenic, cadmium, and vinyl chloride
contamination in groundwater. Results of a subsequent Phase II Limited Subsurface
Investigation Report prepared by EnviroPhase in November 2015 confirmed that
groundwater was impacted by metals, with arsenic and cadmium being the primary
chemicals of concern. In addition, the soils at the site are impacted with arsenic, barium, _
cadmium, lead, and silver at levels, which exceed Residential Assessment Levels.
Ms. Udrea explained in September 2017, the City approved Ordinance 3456 supporting a
Municipal Setting Designation (MSD) by the Texas Commission on Environmental Quality
(TCEQ) for a portion of the subject property. A Municipal Setting Designation (MSD
prohibits the use of and contact with designated groundwater in the designated portion of
the subject property. MSDs can be used when groundwater at a potential development
location within a city has contaminants. An MSD is an official designation given to property
within a municipality that certifies that the designated groundwater at the property is not
used as a potable water, and is prohibited from future use as potable water because that
groundwater is contaminated in excess of the applicable potable water protective
concentrations. The applicant submitted an application for enrollment into the Voluntary
Cleanup Program (VCP) to the Texas Commission on Environmental Quality (TCEQ) in
September 2016. The developer is currently remediating the site according the TCEQ-
approved Voluntary Cleanup Plan, with work being performed by RPMx (Excavation
Contractor) under the direct supervision of EnviroPhase. Upon completion of the scope of
work under the TCEQ-approved Voluntary Cleanup Plan, all contaminated soils will be
removed from the site. She stated upon completion of the hauling, EnviroPhase will submit
the report to the TCEQ and the City of Farmers Branch indicating that the scope of work
as prescribed under the VCP is complete. The Texas Commission on Environmental
Quality (TCEQ)will review the submittal and if the developer completes the approved plan,
they will send a Certificate of Completion to the applicant.
10
City Council Minutes December 12, 2017
Ms. Udrea explained Staff recommends approval of the zoning amendment with the
following conditions:
Until TCEQ has issued, and the City has received a copy of, a Certificate of Completion
pursuant to the TCEQ's Voluntary Cleanup Program ("VCP") relating to the cleanup and
remediation of soil and other environmental contamination of the property occurring during
the property's prior use and development as a lead battery manufacturing facility:
a. No application for any Detailed Site Plan, subdivision plat(including replat), or for any
permit related to the subdivision, use, or development of the PROPERTY shall be
accepted by the City;
b. No permits or other consents authorizing any development of the PROPERTY of any
kind relating to the development and use of the PROPERTY shall be issued by the
City; and
c. No activity constituting development of the PROPERTY for the uses permitted under
this Ordinance shall be permitted.
Council Member Blackson stated the configuration looks different, and noted PD-99 had
larger lots. He further stated he has issues with the quantity of 40 ft. lot widths, and
requested the Developer amend to stay similar to PD-99.
Mayor Pro Tern Norwood stated the new PD-100 falls outside the agreements we made
for PD-99, and agreed with Council Member Blackson to amend.
Resident Carol Dingman spoke asking if taxpayers will be reimbursed for 40% of the
environmental cleanup.
Mr. Beaty replied stating the developer is privately paying for the environmental cleanup.
The City Council discussed lots dimensions and Concept Plan amendments.
Mayor Dye called for a recess at 8:18 p.m.
Mayor Dye reconvened the meeting at 8:29 p.m., and asked to skip to item H.3 to allow
the Developer to work on revisions to his item.
H.3 R2017-140 Conduct a Public Hearing and consider approving Resolution No.
2017-140 establishing the City of Farmers Branch Property Assessed
Clean Energy (PACE) Program; and take appropriate action.
Ms. Charlene Heydinger with Texas Pace Authority briefed City Council regarding this item
at the November 14 and November 28th, City Council meetings. Resolution No. 2017-133
for intent to establish a PACE Program at the November 28, 2017 Council meeting.
Tonight, the City Council will hold a public hearing and consider adopting Resolution No.
2017-140 to establish the PACE program.
Mayor Dye opened the public hearing. There being on one present that wished to speak,
Council Member Lynne made a motion to close the public hearing and approve Resolution
No. 2017-140. Motion seconded by Council Member Reyes. Motion prevailed by the
following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
11
City Council Minutes December 12,2017
I. REGULAR AGENDA ITEMS
1.1 TMP-2449 Receive a final report from the Charter Review Committee for
proposed amendments to the Home Rule Charter.
The City Attorney Braden Metcalf spoke stating today is a report on the Charter Review
recommendations and the Council will be able to amend and discuss further action at
the January 16, 2018, Special Called City Council meeting.
The Charter Review Committee Chair Nancy Hardie spoke stating the committee met
over five consecutive Thursdays, with the last meeting held on November 16, 2017. She
stated each member participated in discussions at every meeting. She asked the
Charter Review Committee Members present in the audience to stand and be
recognized. She thanked the City Attorney, City Manager and City Secretary for their
assistance with the Charter Review Committee meetings.
Vice Chair David Koch provided a final report to the City Council. He reviewed each item
in detail providing the Committee's final recommendations.
The City Council thanked the Charter Review Committee for their service.
G.3 R2017-136 Consider approving Resolution No. 2017-136 expressing the intent
to finance expenditures to be incurred for design, engineering,
constructing and equipping the Fire Station No. 2 relocation project;
and take appropriate action.
Fire Chief Steve Parker discussed this item with Agenda Items 1.2, and 1.3.
Motion made by Council Member Reyes to approve Resolution No. 2017-136, as
presented. Motion seconded by Deputy Mayor Pro Tem Bomgardner. Motion approved
by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
1.2 R2017-124 Consider approving Resolution No. 2017-124 authorizing the City
Manager to execute a contract in an amount not to exceed $543,081,
with PGAL Architects to design new Fire Station #2; and take
appropriate action.
Fire Chief Steve Parker briefed City Council regarding this item. Chief Parker provided a
review of Fire Station #2, and noted in preparation of the FY 17-18 project funding, the
City used Requests for Qualifications (RFQ's, and held interviews with three Architectural
firms, visiting area fire stations and reference checks. He noted City Administratioynl is
recommending entering into a service agreement with Pierce Goodwin Alexander&Linville
Architects (PGAL) to design the new Fire Station No. 2, in an amount not to exceed
$543,081. He stated the projects would be divided into two Phases. Phase 1, will be
conceptual design and community outreach. Phase 11 will include programming, schematic
and development designs, construction documents, bidding and construction phases.
12
City Council Minutes December 12,2017
Chief Parker explained included in the FY 2017-18 General Fund is $80,000 for Phase I
funding to begin the conceptual design/community meeting process for the Fire Station
construction project. The General Fund will be reimbursed on issuance of the $5,580,000
GO project debt. The first $50,000 is dedicated for three conceptual design development
meetings with the architect, Fire Department and the community. The remaining $30,000
is assigned to complete the needed construction management, geotechnical and
topographic testing to determine the actual location of the Station. The two Phase process
is designed to insure that the community has ample input into the Fire Stations conceptual
design as promised during the property purchase phase of the project. The goal is to have
the conceptual design vetted by the community and presented to Council prior to the CO
debt being issued in the summer of 2018.
Chief Parker stated Phase II funding is contingent on the City issuing CO debt to build the
Fire Station and the Architectural firm receiving a written notice to proceed. Chief Parker
explained the Architectural work is planned to begin on CO funding in June/July 2018, and
be completed by January 2019. This will allow the project to go out to bid in the first
Quarter of 2019, with construction beginning the second Quarter of 2019. He noted the
construction should take 12 months, with the Fire Department moving into the new Fire
Station No.2 in the 2nd Quarter of 2020.
After discussion, Motion made by Council Member Deputy Mayor Pro Tern Bomgardner to
approve Resolution No. 2017-124, as presented. Motion seconded by Mayor Pro Tern
Norwood. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
_
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
1.3 R2017-118 Consider approving Resolution No. 2017-118 authorizing the City
Manager to negotiate and enter into an agreement with Gallagher
Construction, in an amount not to exceed $485,240, to serve as
Construction Manager for the relocation of Fire Station #2; and take
appropriate action.
Fire Chief Steve Parker explained the contract with the selected architect to design new
Fire Station No.2 includes the City utilizing a Construction Manager as Advisor to help
guide the City through the construction process. City Administration has selected the
Gallagher Construction Company to serve as the Construction Manager as Advisor for
the Fire Station No.2 project.
The following resident wished to speak regarding this item:
Resident Pat Edmiston spoke in opposition with concerns of location,traffic and the need
for public meetings to allow input.
Council Member Blackson asked if the removal includes cleanup of asbestos, and if the
amount requested is enough to stay within budget.
Fire Chief Steve Parker replied stating this is the same process used for Fire Station Nos.
1 and 3.
13
City Council Minutes December 12,2017
Mr. Gallagher spoke stating the process construction manager is selected as a
professional service, does not require a request for quote. He further stated, he would
ensure the job stays within the City's budget constraints.
The City Council discussed staffing levels, disposition of property at Spring Valley,
location proximity from Addison, and green space.
After discussion, motion made by Deputy Mayor Pro Tern Bomgardner to approve
Resolution No. 2017-118, as presented. Motion seconded by Council Member Blackson.
Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tem Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
G.6 ORD-3477 Consider adopting Ordinance No. 3477 amending the
Code of Ordinances, Chapter 26, Article Ill, Mandatory
Crime Reduction Program for Designated Apartment
Complexes; and take appropriate action.
Chief Hale briefed City Council regarding Ordinance No. 3477, amending the Mandatory
Crime Reduction Program.
Deputy Mayor Pro Tern Bomgardner suggested the program require one year in the
program, and at the beginning of the next calendar year, if the apartment complex's crime
index, residential crime index, and the crime risk/safety threshold are calculated using the
outgoing year's crime statistics and finds the index is below the crime risk/safety threshold,
the complex is no longer required to be in the program.
Council Member Reyes asked if we need to address penalties and fees.
Chief Hale explained the fees went from $500 to $2000, and is considered as an
administrative fee. He further stated a penalty, and citation may be issued.
The City Council discussed penalties, rental agreements, and program successes.
Council Member Lynne stated he feels comfortable with the Ordinance and explained it
could be reviewed again in a year, if necessary.
Mayor Dye called for a break at 10:25 p.m.
Mayor Dye called the meeting back to order at 10:34 p.m.
After discussion, motion made by Deputy City Manager Bomgardner to approve
Ordinance No. 3477, with the following stipulations:
(1)Amend Section 26-453(c) crime threshold be calculated by average of crime indexes
of the City and average by two, (2) amend 26-455(d), once designated as a repeat
offender must remain a repeat offender for period of up to two years, with conforming to
the text changes by the City Attorney. Motion seconded by Council Member Reyes.
Council Member Reyes withdrew her motion to second, to allow Deputy Mayor Pro Tern
Bomgardner to add a third stipulation.
14
City Council Minutes December 12,2017
Deputy Mayor Pro Tern Bomgardner amended his main motion, to add a third
amendment: (3) if you are removed from the program you must remain out of the
threshold for a period of one year. Motion seconded by Council Member Reyes. Motion
prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Norwood, Deputy Mayor Pro
Tem Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
Text amendments will read:
Sec. 26-453. -Apartment complex crime index and crime risk/safety threshold.
(a) The chief of police will calculate the apartment community crime index on an annual
basis. The Apartment complex crime index will be calculated by dividing the total of
Part I crimes (violent Part I crimes are weighted double) and Part II crimes in a specific
apartment complex by the total number of units in the apartment complex and
multiplying that number by 100, giving a ratio of crime per 100 units.
(b) The chief of police will calculate a residential crime index on an annual basis for single
family dwellings within the corporate limits of the city. The residential crime index will
be calculated by dividing the total of Part I (violent Part I crimes are weighted double)
and Part II crimes for all single family residences by the total number of single family
residences in the city and multiplying that number by 100, giving a ratio of crime per
100 residences.
(c) The chief of police will calculate the crime risk/safety threshold on an annual
basis. The crime risk/safety threshold is calculated by multiplying the residential crime
index by 2.0.
(d) Sec. 26-455. - Mandatory crime reduction program; when required.
(a) An apartment complex must participate in the mandatory crime reduction program
whenever the apartment complex's crime index exceeds the crime risk/safety
threshold. The Apartment complex crime index, residential crime index, and crime
risk/safety threshold are calculated in accordance with formulas provided in section
26-453.
Mayor Dye skipped to Item H.2.
H.2 ORD-3480 Conduct a public hearing and consider adopting Ordinance No. 3480
for a rezoning of a 54.53 acre site from Planned Development District
No. 88 (PD-88) into a new Planned Development District No. 100 (PD-
100)located along Wittington Place East between Chartwell Crest and
the future extension of Hutton Drive; and take appropriate action.
The City Council discussed amendments with the Applicant, who agreed to make the
following changes, as directed by Council Member Blackson in his motion.
After discussion, motion made by Council Member Blackson to approve Ord 3480, with
the following text changes: (1) accept the revised PD concept site plan as amended; (2)
maximum 40 ft. Lots at 60, (3) maximum Townhome Lots at 150, (4) remaining Lots not
less than 50' wide. Motion seconded by Deputy Mayor Pro Tern Bomgardner. Motion
prevailed by the following vote:
15
City Council Minutes December 12,2017
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
Motion made by Council Member Blackson to close the Public Hearing. Motion seconded
by Mayor Pro Tern Norwood. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
Mayor Dye recessed into closed Executive Session at 10:45 p.m.
J. EXECUTIVE SESSION
J.1 18-04 City 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 at 12915 Wilmington Drive.
Mayor Dye recessed from closed Executive Session at 11:32 p.m. and reconvened into
Regular Session.
K. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED
EXECUTIVE SESSION
Motion made by Mayor Pro Tern Norwood that the City Manager be authorized to negotiate
and sign an economic development incentive agreement with Loloi, Inc. Providing a grand
in the amount of $100,000 payable on issuance of a certificate of occupancy for 14060
and 14070 Proton Road and annual grants equal to 100% of Business Personal Property
taxes assessed against Loloi's business personal property located at 14060 and 14070
Proton Road and collected by the City for a period of five years beginning not earlier than
the first tax year after issuance of said certificate of occupancy subject to Loloi, Inc. (1)
purchasing the properties addressed as 14060 and 14070 Proton Road in Farmers
Branch, (2) obtaining a certificate of occupancy for use of said properties in Loloi's
operations on or before March 30, 2019, (3) retaining at least 320 existing full time
employees and adding no fewer than 100 new full time employee positions in Farmers
Branch during the term of the agreement; and (4) complying with such other terms and
conditions as determined by the City Manager and set forth in the agreement. Motion
seconded by Council Member Blackson. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
Motion made by Deputy Mayor Pro Tern Bomgardner 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 1, Block H, Brookhaven Hills West,
16
City Council Minutes December 12,2017
second section, and addition to the City of Farmers Branch, Texas, known as 3312 Pebble
Beach Drive, for a purchase price not to exceed $245,000 plus standard closing and
acquisition costs and to sign and authorized the City's agent to sign such other agreements
documents and any 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 Reyes. Motion prevailed by the
following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
Motion made by Council Member Reyes that the City Manager be authorized to negotiate
and sign and economic development incentive agreement with Loloi, Inc. providing a grant
in the amount of $100,000 payable on issuance of a certificate of occupancy for 14060
and 14070 Proton Road and annual grants equal by 100% of Business Personal Property
taxes assessed against Loloi's business personal property located at 14060 and 14070
Proton Road and collected by the City for a period of five years beginning not earlier than
the first tax year after issuance of said certificate of occupancy subject to Loloi, Inc. 1)
purchasing the properties addressed as 14060 and 14070 Proton Road in Farmers
Branch, (2) obtaining a certificate of occupancy for use of said properties in Loloi's
operations on or before March 30, 2019, (3) retaining at least 320 existing full time
employees and adding no fewer than 100 new full time employee positions in Farmers
Branch during the term of the agreement; and (4) complying with such other terms and
conditions as determined by the City Manager and set forth in the agreement. Motion
seconded by Mayor Pro Tern Norwood. Motion approved by the following vote:
Aye: 5 - Mayor Pro Tern Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
A.5 TMP-2453 Discuss City Council meeting dates for Calendar Year 2017-18.
City Secretary Amy Piukana reviewed upcoming calendar dates for the 2018. After
discussion, the Council agreed upon the following meeting dates: January 9th, January
16th, January 23rd, January 30th, February 6th, February 20th, March 6th, March 20th,
April 3rd, April 17th, May 1st, May 8th (B&C Meet/Greet), May 15th, May 22nd(B&C
Interviews) June 5th, June 19th, July 17th, July 31st, August 7th, August 21st, September
11th , September 25th, October 1st, October 16th, October 30th, November 6th,
November 27th, and December 11th. (These meeting dates are subject to change, a
quorum is required.)
A.7 TMP-2447 Discuss agenda items for future City Council meetings.
Council Member Lynne requested to see the future list of Council items. Mayor Pro Tenn
Norwood asked that it be included in the Council packet. Council Member Reyes requested
an update from Lisa Rigby with Metrocrest Community Clinic who recently changed their
name to Woven Healthcare Community Clinic.
L. ADJOURNMENT
17
City Council Minutes December 12,2017
Motion made by Council Member Blackson to adjourn the meeting. Motion seconded by
Deputy Mayor Pro Tern Bomgardner. Motion prevailed by the following vote:
Aye: 5 - Mayor Pro Tem Norwood, Deputy Mayor Pro
Tern Bomgardner, Council Member Reyes,
Council Member Blackson, Council Member
Lynne
The meeting adjourned at 11:58 p.m.
SIGNED
Mayo_
ATTEST: 4 � �
City Se ' - ary
18