2018-02-06 CC Minutes City Council Minutes February 6,2018
P7;\.1.1 City of Farmers Branch
City Council Minutes
3 p.m. Study Session
FARMERS
BRANCH
Farmers Branch City Hall
Tuesday, February 6, 2018 13000 William Dodson Pkwy Council Chambers
Farmers Branch.TX 75234
Presiding: 1 - Mayor Robert C. Dye
Present: 4- Mayor Pro Tern John Norwood, Council Member
Ana Reyes, Council Member Bronson Blackson;
Council Member Terry Lynne;
Absent: 1 - Mike Bomgardner
Staff: - John Land, Deputy City Manager; Amy Piukana,
City Secretary; Pete Smith, City Attorney;
Andreea Udrea, Planning Manager; Tina
Firgens, Director of Planning; Benjamin
Williamson, Assistant to City Manager, Allison
Cook, Director of Economic Development; Jeff
Harting, Director of Parks and Recreation; Brian
Beasley Director of Human Resources; Meredith
Dowdy, Special Projects Manager Parks and
Recreation; David Hale, Police Chief; Jay Siegel,
Deputy Police Chief; Steve Parker, Fire Chief
A. STUDY SESSION
Mayor Dye called the Study Session meeting to order at 3:00 p.m.
A.1 18-16 Discuss regular City Council meeting agenda items.
No discussion.
A.2 TMP-2559 Receive a report from Mayor Pro Tem John Norwood on non-
resident Library Fees.
Mayor Pro Tern Norwood explained his suggestion, allowing the Town of Addison
residents full access of the Manske Library similar to Farmers Branch residents, and ask
the Town of Addison to share in 12% of the operational cost associated with the Library.
He stated this would be beneficial to the City and increase Library users. He further
stated we have similar partnerships with Addison, which includes our Fire Training
Facility.
Council Member Reyes stated she supports this idea of partnership with Town of
Addison.
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Council Member Lynne asked what happens if the Town of Addison decides not to
partner with the City. He suggested marketing to all Addison residents, encouraging
them to join the Manske Library. He stated he would consider allowing Addison residents _
to serve on the Library Board.
The City Attorney Pete Smith advised that any outside board appointments may need to
be ex-officio members, as our Ordinance requires resident eligibility to serve.
Council Member Blackson stated Town of Addison needs to pay for their usage of the
Library facility, and recommended having a contingency plan in case they do not wish to
participate in the partnership.
Mayor Pro Tem Norwood stated, as part of the contingency plan, there could be rate
adjustments to offset costs.
Council Member Reyes stated we also need to look at future needs of the Library, which
includes upgrades.
Deputy City Manager John Land explained the next step would be for City Administration
and/or Mayor Dye to reach out to the Town of Addison and see if they are interested in
this type of partnership.
A.3 TMP-2542 Receive an update on the Demolition Rebuild Program.
Director of Economic Development Allison Cook briefed City Council regarding this item.
Ms. Cook reviewed the timeline of the existing program. She explained the program
began in 2009, with a 7-year rebate. She explained in 2014, the Program was amended
to allow two options: a) 7-year rebate & $5,000, b) 10 times increase of increment based
on original home value & new home value year one. She further stated in 2016, the _
Program was amended again with the following options: a) home value less than
$100,000 qualifies for $15,000 & five-year rebate, b) home value more than $100,000
qualifies for $12,500 & a five-year rebate. She explained today's recommendation is:
Home Value $65,000 or less to have a $25,000 cash grant and 5 year rebate; Homes
$65,001-$100,000 have a $15,000 cash grant and 5 year rebate; and homes $100,001-
$150,000 to have a $12,500 cash grant and 5 year rebate.
Mayor Pro Tem Norwood asked if there is a cap, noting he supports having a cap. He
stated if you uncap, the incentive should be increased or scaled. He further stated he
supports a rebate for higher valued properties and supports revitalizing older homes.
Ms. Cook stated we currently do not have a cap.
Council Member Lynne stated he does not support a cap.
Council Member Blackson suggested focusing on specific areas that need revitalization.
He suggested the cash grant be lowered on higher valued properties and utilizing a
rebate instead. He stated the ultimate goal is to enhance properties in Farmers Branch.
Council Member Reyes stated she does not support a cap, explaining it is beneficial to
have revitalization.
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Mayor Dye stated he supports a cap, but prefers to see a rebate for any value.
Council Member Lynne stated we do not want to be a starter home City, he prefers to
see higher valued homes.
Mayor Pro Tem Norwood stated a $250,000 home, in his opinion, is a very nice home.
He suggested staying away from using "starter home" terminology, and provided two
examples (Cambridge Crossing and Mustang Crossing) of recent developments which
started out in the low$300's and have escalated in market value of up to$450-$500,000.
He stated a nice home could be built for under$400,000.
Mayor Dye reminded everyone the program is designed to stimulate growth.
Mr. Land explained you could create redevelopment zones with different criteria.
Council Member Reyes stated she does not support capping a specific area.
Mayor Dye stated he supports a cap, and would be open to a rebate for the higher values.
He stated the cap would be based on the value of homes.
After discussion, Council Member Blackson suggested to have a Home Value $65,000
or less to receive a $30,000 cash grant and 3 year rebate; Home Values at $61,001-
$100,000 to receive $20,000 cash grant and 4 year rebate; and homes $100,001-
$150,000 to have a $12,500 cash grant and 5 year rebate and for homes over$150,000
allow a 7 year rebate only.
Mayor Dye and Mayor Pro Tern Norwood stated they both support these amendments.
Council Member Lynne asked that these numbers be applied to last year's numbers in
order to see how this would work. He asked that City Administration revise the program
and bring a revised plan to the next City Council meeting.
Mr. Land stated he would bring this item to the next Council meeting as an action item.
Mayor Pro Tern Norwood suggested showing a map of overlay areas.
A.4 18-20 Economic Development Department Year in Review/4th Quarter
Video Update.
Economic Development Director Allison Cook presented a video of the Economic
Development Department Year in Review. Ms. Cook received applause for her video
presentation.
Deputy City Manager John Land thanked Ms. Cook for her assistance in working with
BSN to find another location within the City and building strong partnerships within our
business community.
A.5 TMP-2549 Receive a presentation of the Police Traffic Stop Data Analysis
Report for Calendar Year 2017, as required by Section 2.134 of the
Texas Code of Criminal Procedures.
Police Chief David Hale briefed City Council regarding the history of this requirement.
He noted this was originally passed in 2001 as 77th Texas Legislative Session making it
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illegal to racially profile. He reviewed data collection on traffic stops, explaining the City
is required to analyze and collect data. He stated the City has an agreement with Dr.
Eric Fritsch with UNT who prepares the report. ._
Chief Hale stated the report findings indicate the City is in full compliance with Texas Law
on Education, Data Collection, complaint process and public education. Also, in full
compliance with policy prohibiting bias based policing, and reporting requirements to the
TCOLE.
Council Member Lynne asked what happens with this information provided to the State.
Chief Hale stated the City is required to submit the data to the State, and to his
knowledge, has never received feedback back from the State.
Council Member Blackson asked in the Tier One report, what are the numbers based on,
and if these numbers are comparable to surrounding cities.
Chief Hale replied stating these numbers are based on stops, noting we have a small
percentage of stops that we know what race the driver is, prior to the stops. He stated
we do not have a base line, but feels tracking this data is valuable to the City.
Council Member Reyes asked if the Police Department has researched the 360 degree
cameras.
Chief Hale replied stating currently, Officers utilize body cameras, which captures the
Officers view.
A.6 18-17 Discuss agenda items for future City Council meetings.
Council Member Reyes asked for a discussion on the 360 degree cameras for the Police
Department, and reminded the Mayor about a tour of the Oncor facility.
Council Member Lynne asked for discussion on shopping cart nuisances. He further
stated he does not want to see these carts ending up in our landfill.
Council Member Reyes asked that costs to the vendor be discussed on shopping carts,
noting some have devices that do not allow the carts to the leave property.
Council Member Blackson asked for discussion on smart traffic signals, and asked for an
update on the Arts and Culture Committee.
Deputy City Manager John Land agreed to add this item as a future agenda item, and
stated it is important to understand all the stakeholders, noting the Firehouse Theatre
does Performing Arts, and Brookhaven College has an Arts and Performance
Department.
Mayor Dye recessed for a five minute break at 4:24 p.m. and reconvened into closed
executive session at 4:30 p.m.
Mayor Dye recessed at 5:28 p.m. for a five minute break, and the Council reconvened
into closed executive session at 5:33 p.m.
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B. EXECUTIVE SESSION
Council may convene into a closed executive session pursuant to Section
551.071 of the Texas Government Code to deliberate regarding:
• Discuss contemplated litigation - Consultation with City Attorney
regarding Town of Addison water rights permit for Farmers Branch Creek.
Council may convene into a closed executive session pursuant to Section
551.072 of the Texas Government Code to deliberate regarding:
• Discuss the purchase, exchange, lease, or sale of real property located
north of LBJ, east of 1-35, west of Webb Chapel, south of Valwood.
Council may convene into a closed executive session pursuant to Section
551.087 of the Texas Government Code to deliberate regarding Economic
Development Incentive for a large relocation.
• Project Fresh
The City Council recessed from closed executive session at 5:58 p.m.
C. CALL TO ORDER (6 P.M. REGULAR MEETING)
Mayor Dye called the regular meeting to order at 6:04 p.m.
D. INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Dye provided the invocation and led the pledge of allegiance and pledge to the
Texas Flag.
E. CEREMONIAL ITEMS
E.1 TMP-2554 Recognition of the Farmers Branch Woman's Club for its
place in Farmers Branch history.
Mayor Dye recognized the Farmers Branch Woman's Club and presented them with the
Women's History Award.
Motion made by Council Member Lynne to award Farmers Branch Woman's Club with
the Farmers Branch history award. Motion seconded by Council Member Blackson.
Motion prevailed by the following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
E.2 18-19 Consider Board and Commission appointment(s) to the
Community Watch Committee; and take appropriate action.
Motion made by Council Member Reyes to appoint Anthony Plourde to the Community
Watch Board to Place 3, for an unexpired term ending June 30, 2018. Motion seconded
by Council Member Blackson. Motion approved by the following vote:
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Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne _
F. REPORT ON STUDY SESSION ITEMS
Mayor Pro Tern Norwood provided a summary on Study Session items.
G. MAYOR AND CITY MANAGER'S REPORT ON ITEMS OF COMMUNITY
INTEREST
Deputy City Manager John Land stated a public input meeting to will be held on
Thursday, February 8, 2018 at the Fire Station located at 13333 Hutton Drive in Farmers
Branch.
H. CITIZEN COMMENTS
There was no one present that wished to speak.
I. CONSENT AGENDA
1.1 18-18 Consider approving minutes for the Special Called City
Council meeting held on January 23, 2018; and take
appropriate action.
1.2 18 PL-05 Consider a request from CADG Mercer Crossing Holdings,
LLC and Beazer Homes Texas, LP for final plat approval of
Gatherings Addition; and take appropriate action.
1.3 ORD-3485 Consider adopting Ordinance No. 3485 ordering a General
Election to be held on May 5, 2018 for the purpose of electing
members of the City Council for District 3 and District 5; and
take appropriate action.
1.4 ORD-3487 Consider adopting Ordinance No. 3487 ordering a Special
Election to be held on May 5, 2018 to amend the City's Home
Rule Charter; and take appropriate action.
1.5 R2018-09 Consider approving Resolution No. 2018-09 authorizing the
City Manager to purchase six replacement vehicles and two
new additional vehicles in the total amount of$190,226 from
Caldwell Country Chevrolet through the Houston-Galveston
Area Council Cooperative agreement; and take appropriate
action.
1.6 R2018-10 Consider approving Resolution No. 2018-10 authorizing the
City Manager to approve the purchase of two replacement
vehicles in the total amount of$100,975 from Silsbee Ford
through the Houston-Galveston Area Council Cooperative;
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and take appropriate action.
1.7 R2018-11 Consider approving Resolution No. 2018-011 authorizing the
City Manager to award the bid and negotiate and execute an
agreement for updating the Fire House Theatre for ADA
compliance with North American Commercial Construction
through City Bid 18-02 in the amount of$96,572; and take
appropriate action.
Motion made by Council Member Lynne to approve Consent Items 1.1 through 1.7, as
presented. Motion seconded by Council Member Blackson. Motion prevailed by the
following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
J. PUBLIC HEARINGS
J.1 ORD-3483 Conduct a public hearing and consider adopting Ordinance No.
3483 for a Specific Use Permit for the construction of a bathroom in
an existing detached structure for the property located at 2600 Leta
Mae Lane; and take appropriate action.
Director of Planning and Zoning Tina Firgens briefed City Council regarding this item.
Ms. Firgens explained the property is located within Planned Development District No.
79 (PD-79) that allows One Family Residential uses. She stated the applicant is
requesting a Specific Use Permit to add a bathroom in the existing detached garage
located in the backyard, on the southern portion of the lot. The Comprehensive Zoning
Ordinance dictates that no accessory building shall be furnished with a bathroom prior
to approval of a Specific Use Permit for such purpose.
Ms. Firgens explained the existing detached garage is located within the fence backyard
on the southern portion of the lot and is accessible from Ford Road. In the past, the
garage was partitioned and a small workshop (11 feet wide and 264 square feet) was
created on the eastern side of the garage. The applicant is proposing to install a small
bathroom within the workshop area. The workshop area already contains a sink and is
equipped with gas, HVAC and water. The new bathroom will be fully equipped with a
shower and standard toilet, and will be connected to additional necessary utilities and
connected to the sanitary sewer. No modification of the exterior is proposed with this
SUP request.
Ms. Firgens explained the applicant declared that the workshop area upgraded with the
new bathroom will not be used for residential or business purposes. She stated twenty-
five(25)notification letters were mailed to the surrounding property owners on December
29, 2017. Two zoning notification signs were placed on the site that day. A public notice
ad was placed in the Dallas Morning News on January 21, 2018.As of January 31, 2018,
one letter of support and no letters of opposition to this Specific Use Permit request have
been received by the City. She summarized stating on January 8, 2018 the Planning &
Zoning Commission voted unanimously to recommend approval of this Specific Use
Permit as outlined in Ordinance No. 3483.
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Mayor Pro Tern noted this is to connect to the sewer, he reached out to the applicant,
and several options were explored and the SUP was required in order to connect to the
existing sewer. —
After discussion, motion made by Mayor Pro Tern Norwood to close the public hearing
and approve Ordinance No. 3483, as presented. Motion seconded by Council Member
Reyes. Motion prevailed by the following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
J.2 ORD-3484 Conduct a public hearing and consider adopting Ordinance No.
3484 for a Specific Use Permit for a business or trade school
located at 14465 Webb Chapel Road; and take appropriate action.
Director of Planning and Zoning Tina Firgens briefed City Council regarding this item.
She explained the property is located within the Office (0) zoning district, which allows
a combination of administrative, office and retail uses. The Farmers Branch
Comprehensive Zoning Ordinance requires a Specific Use Permit for a business or trade
school located within Office district. The applicant, Legends Real Estate School, is
proposing to use two units for a real estate school. The two units 101 and 101 B will be
used as classroom space and the hallway in between will be used as office. Each
classroom will be approximately 603 square feet and will be designed to accommodate
a maximum of 20 students. The school will use the common spaces offered by the office
building - the lobby area / atrium and the restrooms. No outside activity, no outdoor
storage and no additional retail uses are proposed for this use at this location. She stated
the facility will operate Monday through Thursday from 9:00 AM to 1:00 PM and 6:00 PM
to 9:45 PM. Four times a year, the school holds a special class on Saturday and Sunday —
from 8:00 AM to 5:00 PM. She stated staff determined that no additional parking is
needed for this new use. There is adequate parking to serve the facility and the other
existing uses within the office building.
Ms. Firgens explained fifteen (15) public notification letters were mailed on December
29, 2017. Two zoning notification signs were also posted on the site that same day. A
public notice ad was placed in the Dallas Morning News on January 21, 2018. As of
January 31, 2018, no letters of opposition to this Specific Use Permit request have been
received by the City. On January 8, 2018 the Planning & Zoning Commission voted to
unanimously to recommend approval of this Specific Use Permit.
Motion made by Mayor Pro Tem Norwood to close the public hearing and approve
Ordinance No. 3484, as presented. Motion seconded by Council Member Reyes.
Motion prevailed by the following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
K. REGULAR AGENDA ITEMS
K.1 TMP-2524 Receive an update from the Farmers Branch Recreation Board.
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Parks and Recreation Board Chair Jan Wooldridge provided an overview of the Parks
and Recreation Board accomplishments.
Council Member Lynne suggested holding a Special Called meeting to discuss the
vision.
Mayor Pro Tem Norwood thanked Ms. Wooldridge for her time and service.
K.2 18-22 Receive an update from the Historical Preservation and Restoration
Board.
Historical Preservation and Restoration Board Chair Claire Connally provided an
overview of recent accomplishments.
Mayor Pro Tern Norwood thanked Ms. Connally for her service to the community. He
explained the subcommittee meetings have been very successful. He stated recently,
he and Mayor Dye toured the Historical Park. He further stated it was impressive to see
the amount of work the Parks Department has put in, to maintain the Historical Park.
K.3 R2018-06 Consider adopting Resolution No. 2018-06 relating to the
giving of notice of intention to issue City of Farmers Branch,
Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2018, for the purpose of relocating Fire
Station No. 2 and expanding landfill facilities in an amount not
to exceed $11.0 million; declaring intent to reimburse certain
prior capital costs; providing an effective date and take
appropriate action.
Director of Finance Sherrelle Evans-Jones briefed City Council regarding this item. Ms.
Evans-Jones explained this resolution provides notice of the City's intent to issue
certificates of obligation, in an amount not to exceed $11 million, for the purpose of
paying contractual obligations to be incurred for the following purposes: (a) designing,
constructing, renovating, improving and equipping Farmers Branch Fire Station No. 2,
(b) designing, developing, constructing improving, extending and expanding landfill
facilities for the City's Camelot Landfill, including streets and roads in connection
therewith ((a) and (b) together, the "Project"), and (c) paying professional services of
attorneys, financial advisors and other professionals in connection with the Project and
the issuance of the Certificates.
The City Council anticipates authorizing the sale of these bonds at the regularly scheduled
Council meeting on April 3, 2018.This date was selected to coincide with the potential sale
of general obligation bonds, which were voted upon and approved in November 2017.
Consolidating the sale to two debt issues provides an opportunity to reduce issuance
costs.
Council Member Reyes asked if taking action tonight would affect the public input and
feedback from residents attending the upcoming input meeting, if changes are necessary.
Ms. Evans-Jones explained tonight we are providing notice of intent, only.
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Council Member Blackson asked if the Council has taken a formal vote to relocate Fire
Station #2.
Fire Chief Steve Parker stated this is an ongoing project, reviewing a timeline, noting in
2016 the Citizens Bond Committee reviewed and identified Fire Station #2 as a top project
recommended to City Council. He stated the Council reviewed this item last November
and a consensus from Council was to utilize Certificate of Obligations.
Mayor Pro Tem Norwood stated since he has served on the Council, a formal vote has not
been taken on Fire Station # 2. He asked the City Attorney if a formal vote is necessary
prior to approving this item.
Council Member Blackson stated a formal vote is needed on this item to be transparent.
Council Member Lynne stated if a formal vote is necessary, he suggests setting a Special
Called meeting on Friday to take a vote.
Ms. Evans-Jones asked the City Attorney if the vote prior is necessary.
City Attorney Pete Smith stated he could not recall if an up and down vote was taken. He
stated his understanding was Council's direction to move forward with Certificate of
Obligations for this project. He stated tonight is the Notice of Intent which starts the finance
project, and a formal vote could be added to a future Council meeting. He further stated
the Council might decide not to move forward.
Council Member Reyes noted this is a critical project.
Deputy City Manager John Land stated he has a 35-point briefing document noting in July
2014 CC approved purchase of tract of land for that specific purpose. Nov 29, 2016, City —
Council by consensus to utilize Certificate of Obligations for Fire Station #2.
Resident Vickie Harrison spoke regarding her concerns on a formal vote not being taken
on the Fire Station #2 location, the need for resident input and a asked for formal vote on
the item.
Motion made by Council Member Blackson to approve Resolution No. 2018-06, as
presented. Motion seconded by Mayor Pro Tern Norwood. Motion prevailed by the
following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
Mayor Dye recessed from the regular meeting at 7:38 and reconvened into closed
executive session at 7:50 p.m. (Agenda Item B.)
The City Council reconvened into open session at 8:23 p.m.
L. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED
EXECUTIVE SESSION
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Motion made by Mayor Pro Tem Norwood 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 5 and two feet of Lot 4, Block A of
Long mire's Addition, known as 13331 Goodland Street,for a purchase price not to exceed
$175,000 plus standard closing and acquisition costs and to sign, and authorize the City's
agent to sign such other agreements, documents, and any amendments thereto, as the
City Manager deems reasonable and necessary with respect to the closing of said
transaction. Motion seconded by Council Member Blackson. Motion prevailed by the
following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
Motion made by Council Member Lynne that the City Manager be authorized to negotiate
and execute an economic development incentive agreement on behalf of the City with
Project Fresh conditioned upon Project Fresh leasing and occupying 100,000 square feet
at 1505 LBJ, Farmers Branch, Texas also known as Park West to provide the following
grants:
• A Grant in the amount of $25,0000 to be paid on the date of issuance of the
certificate of occupancy provided the company executes a lease for the subject
property for a period of at least 7 years.
• A Grant in the amount of$25,0000 to be paid on the 3rd anniversary date of the
date of issuance of the certificate of occupancy provided the company executes
a lease for the subject property for a period of at least 7 years.
— • A Grant in the amount of$25,0000 to be paid on the 6th anniversary date of the
date of issuance of the certificate of occupancy provided the company executes
a lease for the subject property for a period of at least 7 years.
• A Grant in the amount of$25,0000 to be paid on the 9th anniversary date of the
date of issuance of the certificate of occupancy provided the Company
continuously leases and occupies the subject property for at least 9 years.
Motion seconded by Council Member Reyes. Motion prevailed by the following vote:
Aye: 4 - Mayor Pro Tern Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
M. ADJOURNMENT
Motion made by Council Member Blackson to adjourn the meeting at 8:27 p.m. Motion
seconded by Council Member Reyes. Motion prevailed by the following vote:
Aye: 4 - Mayor Pro Tem Norwood, Council Member
Blackson, Council Member Reyes, Council
Member Lynne
The meetin rned :t :: 7 p.m�
SIGNED: / , r //s.
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