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2022-03-22 CC Minutes Farmers Branch City Hall City of Farmers Branch 13000 Wm Dodson Pkwy *IA41.1 ir Farmers Branch,Texas Meeting Minutes 75234 FARMERS City Council Tuesday, March 22, 2022 6:00 PM Council Chambers Council Members: Mayor Robert Dye, Mayor Pro Tern Cristal Retana, Council Member Traci Williams, Deputy Mayor Pro Tern Michael Driskill (Absent), Council Member Terry Lynne and Council Member David Merritt Staff: City Manager Charles Cox, Deputy City Manager John Land, Assistant City Manager Benjamin Williamson, City Secretary Amy Piukana, City Attorney Peter G. Smith, Police Chief David Hale, Fire Chief Daniel Latimer, Director of Human Resources Brian Beasley, Director of Public Works Marc Bentley, Director of Sustainability & Health Shane Davis, Director of Planning & Zoning/Economic Development Allison Cook, Sherrelle Evans Jones Director of Finance, and Director of Communications Jeff Brady Study Session Meeting to be held at 2:00 p.m. with a Dinner Break at 5:15 p.m. A. CALL TO ORDER - STUDY SESSION (2 P.M.) Mayor Dye called the meeting to order at 2 p.m. A.1 22-128 Discuss regular agenda items Council Member Lynne requested clarification on Agenda Item H.2, (Emergency Management), asking why the Fire Chief is being removed. Deputy Chief Dedear noted with the new structure, it made sense to list this under the Deputy Fire Chief and the Mayor appoints the individual. Council Member Lynne requested clarification on Agenda Item H.5 (Charging Stations), he asked for clarification on intent to charge fees for usage of electric vehicles and the cost of $153,580 funding amount for infrastructure, if this was additional expense to what was approved. Mr. Pharmakis replied noting both items were budgeted and the current charging stations do not have the fee charge capability, but future stations would have the capability to charge a fee. Council Member Lynne asked for clarification on Agenda Item H.7, regarding HOA board transfers to residents. Ms. Sen explained the HOA transfers over once the majority of lots are sold. Council Member Merritt asked for clarification on Agenda Item H.3, regarding calculation of absences. He asked how calculations would be conducted for boards meeting less than 4 times a year. City Manager Charles Cox explained this would apply to boards that meeting at least 4 times a year noting the Animal Advisory Board met the least and plans to increase the number of meetings in 2022. Council Member Merritt, asked for clarification on the distribution of the 12 license plate readers(LPR). Deputy Chief Siegel explained all 12 (LPR's)would have equal distribution. Council Member Merritt asked for clarification on Agenda Item H.8, (Printing/Utility Billing). He asked what cost savings this agreement would provide. Director of Finance Sherrelle Evans Jones explained this is an extension to the existing agreement, with current pricing at 10.5 cents with an increase to 11 cents with an additional three-year contract. She noted postage fees are separate and not included with this agreement. City of Farmers Branch Page 1 City Council Meeting Minutes March 22, 2022 A.2 22-138 Receive biannual update from the Senior Advisory Board Senior Advisory Board Chair Deborah Hull provided an update regarding the Senior Advisory Board and happenings at the Branch Connection. Ms. Hull reviewed board participation (no issues), mission and vision, membership data, TRAPs Award (Programing Fishin Fun); recognized Ruth Fuls for receiving Charlie Bird Spirit of Service, 2021 DEW Directors Award, Supreme Service Awardee, and noted a successful craft fair event. Ms. Hull reviewed the Game Night Event, Valentines Show and additional programming. Ms. Hull summarized noting in the near future the Branch Connection will undergo a renovation. A.3 22-161 Receive a report on the Mandatory Crime Reduction Program for Designated Apartments for calendar year 2021 Police Chief David Hale provided a summary of the Mandatory Crime Reduction Program for calendar year 2021. Chief Hale provided an overview of the program, reviewed calculations, program inclusion, repeat offender requirements, and appeal process. He summarized by reviewing the list of apartments in the 2021 Crime Reduction Program. The City Council discussed the calendar year start dates (January to December), short term rental relations, the need for notification to apartments who are close in marks, back ground check requirements, characteristics of property crimes, education and outreach program, mid-year reporting to apartment complexes, awareness and requirements for apartment complexes to produce a project plan, and the idea of creating a gold start safety program. A.4 ORD-3734 Review Draft Ordinance No. 3734 for Enhanced Apartment Complex Security Requirements Deputy Director of Neighborhood Services Leo Bonanno provided an overview on apartment complex security requirements. Mr. Bonanno explained he met with apartment owners to have them review a draft of the proposed ordinance which has apartment security requirements. Deputy Mayor Pro Tern Retana suggested having an additional meeting with apartment owners to ensure we are providing outreach and asked that costs to comply with program requirements be provided to City Council. City Manager Charles Cox asked Mr. Bonanno how he communicated with apartment complexes. Mr. Bonanno explained he emailed and mailed letters to every owner and manager. Mr. Cox explained the City has high crime with apartments, and staff has reviewed other cities and created an aggressive ordinance. He explained the access control could be expensive, so it only applies to apartments who currently have structured parking. He explained video surveillance is necessary and provides evidence with costs under $10,000. He explained the goal is to correct the problem and address property crime. Staff feels the proposed ordinance is the way to handle this issue. Mayor Dye stated he supports the proposed ordinance but asked that another outreach meeting with stakeholders be held. Council Member Williams requested contacts for apartment complexes based on districts be provided to the entire City Council to allow outreach and ensure information is communicated. Council Member Merritt suggested adding the word "fully functionable" on security cameras be added to the ordinance to ensure they are in proper working condition. Mr. Bonanno agreed to add this language. Council Member Lynne stated he supports this ordinance, as written. Mr. Bonanno stated he would hold another meeting and bring this item back to a future Study Session meeting. City of Farmers Branch Page 2 City Council Meeting Minutes March 22, 2022 A.5 22-184 Receive a report outlining on-street parking regulations for oversized vehicles and a proposed amendment to Chapter 82 creating truck routes and expanded parking prohibitions Deputy Police Chief Jay Siegel briefed City Council regarding this item. Chief Siegel reviewed Chapter 82 Section 201-202 (Traffic and Vehicles), Section 203 Defenses to alleged violations, Section 82-221 Parking in Residential Areas, and required enforcement. Chief Siegel reviewed four options: (1) Revise Section 82-201 prohibited area definition to include new residential areas; (2) Revise Section 82-221 Residential area definition to include new residential areas; (3) Post parking prohibition signs as deemed necessary; and (4) Establish a truck route ordinance. The City Council discussed best option to address west side trailer issues and which option would be easiest to enforce, boxed trucks, commercial areas and residential areas, map identification for allowed and not allowed areas, prohibition list, ways to report concerns, parking oversized vehicles overnight on streets, temporary permits to allow, unloading and loading of oversized vehicles. Deputy Chief Siegel suggested reviewing the entire Chapter to update and make sure it is clear with old language removed and new language be added to clearly understand the ordinance. Mayor Pro Tem Retana suggested keeping the definitions and clearly listing what is allowed. Council Member Lynne suggested showing examples of trailers and trucks with clear definitions. Mayor Dye suggested eliminating Valley View and Denton Road south of Valley View on the truck route map. Council Member Merritt suggested being clear in the definition and time allowed for vehicles with trailer attached verses detached trailer parking in a public street. Mayor Pro Tem Retana explained public education is key, and suggested once the ordinance is in effect, that staff meet with apartments and chambers to distribute this information as a part of public outreach. A.6 22-171 Presentation and discussion related to allowing murals Deputy Director of Planning Surupa Sen briefed City Council regarding this item. Ms. Sen explained currently murals are not allowed in Farmers Branch. She reviewed the following options to allow murals in Farmers Branch: Option 1) Non-Commercial Sign • No content related to the business occupying the building • No off-premise business advertisement • Establish dimensional controls(i.e.size/square footage, number of walls) • No City Council approval; ministerial permit function • Compliance with federal case law(strict scrutiny) (Similar to Georgetown,TX and Oklahoma City, OK) Option 2) Limited Business Content • Limited content related to the business may be incorporated into the mural • Business name and/or logo only • Business shall occupy building • Limited to equivalent wall sign amount • Wall sign could be incorporated into the mural • No off-premise business advertisement • Establish dimensional controls(i.e.size/square footage, number of walls) • No City Council approval; ministerial permit function (Similar to Georgetown,TX and Oklahoma City, OK) City of Farmers Branch Page 3 City Council Meeting Minutes March 22, 2022 Option 3)Creative Signs • Creativity is the limit • Not solely restricted to murals • Broader regulation with some parameters • Could establish dimensional controls(i.e.size/square footage, number of walls) • Could allow content related to the business • City Council final approval • Recommendation from the Art and Culture Committee • No off-premise business advertisement (Similar to West Hollywood, CA) The City Council discussed business promotion options, allowing art to be the main focus, branding, City Council and/or Art & Culture review and approval, prohibition in residential neighborhoods, and signs verses murals. After discussion, the City Council recommended the Art & Culture Committee review and provide an option that is a hybrid with Option 1 and Option 2. Mayor Dye recommended including multifamily in the allowance. A.7 22-185 Receive an update on Farmers Branch Night Out 2022 Assistant City Manager Ben Williamson provided an overview on Farmers Branch Night Out 2022 community engagement event. He noted the selected dates are Thursday, April 14 and Saturday April 30, 2022. The City Council discussed the dates, topics of interest, District interests, locations of Fish N Fun and Historical Park location, settings individual Council verses group City Council outreach, metrics for measuring success, utilizing maps with pins to identify locations, and public communication plan. In summary, the consensus from City Council was to move forward with the dates and utilizing both Fish N Fun and the Historical Park locations to ensure that the entire City _ Council has plenty of space to collaborate with residents. A.8 22-129 Discuss future agenda items Mayor Dye requested a future agenda item to discuss a hybrid Recreation Center/Library on the west side. Council Member Merritt stated additional electric chargers would be a nice addition with the Mayor's item. Mayor Pro Tem Retana requested discussion on funding, through the infrastructure bill. She would like to see the breakdown from the Federal, state and local perspectives. EXECUTIVE SESSION B.1 22-183 Council may convene into closed Executive Session pursuant to Section 551.087 of the Texas Government Code: • To discuss economic development incentives for Project Select • To discuss economic development incentives for Project Root Beer Council may convene into 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 north of Valley view, south of Valwood, east of Bee, west of Josey Council may convene into closed Executive Session pursuant to Section 551.076 of the Texas Government Code: • To deliberate regarding Security Devices Council may convene into closed Executive Session pursuant to Section 551.087 of the Texas Government Code: • To discuss economic development incentives for Project Select — • To discuss economic development incentives for Project Root Beer City of Farmers Branch Page 4 City Council Meeting Minutes March 22, 2022 Council may convene into 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 north of Valley view, south of Valwood, east of Bee, west of Josey Council may convene into closed Executive Session pursuant to Section 551.076 of the Texas Government Code: • To deliberate regarding Security Devices Council may convene into closed Executive Session pursuant to Section 551.074 of the Texas Government Code: • To deliberate the appointment, employment and selection process: City Manager Mayor Dye recessed at 4:20 p.m. for a break. The City Council reconvened into closed executive session 4:29 p.m. and adjourned at 5:53 p.m. C. CALL TO ORDER - REGULAR MEETING (6 P.M.) Mayor Dye called the meeting to order at 6 p.m. He noted the passing of former Council Member Mike Bomgardner, and asked for prayers of comfort for the family. D. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Retana provided the Invocation, Pledge of Allegiance and Pledge to the Texas Flag. E. CEREMONIAL ITEMS E.1 22-189 Presentation to the Farmers Branch Aquatics Center for the 2021 Agency of the Year, Special Event of the Year, and Best of Aquatics Awards Mayor Dye presented the Farmers Branch Parks Team with the 2021 Best of Aquatics. F. MAYOR AND CITY MANAGER'S REPORT ON ITEMS OF COMMUNITY INTEREST City Manager Charles Cox provided a report on items of community interest. G. CITIZEN COMMENTS James Lockridge spoke regarding issues with meeting with City Officials, frustrations with social media and walk-outs during citizen comments, Elected Officials at current meeting, and getting a resolution to the problem. H. CONSENT AGENDA A motion was made by Mayor Pro Tem Retana, seconded by Council Member Merritt to approve Consent Items H.1 through H.8. The motion was approved unanimously H.1 22-147 Consider approving the following City Council meeting minutes; and take appropriate action • March 1, 2022 Regular Meeting H.2 ORD-3729 Consider adopting Ordinance No. 3729 of the City of Farmers Branch, Texas, amending the Code of Ordinances of the City of Farmers Branch, Texas, by amending Chapter 30 "Emergency Services", Article V. "Emergency Management", by amending Section 30-151 "Organization" to remove the fire chief as emergency management coordinator and to provide for the appointment of an emergency management coordinator; and take appropriate action City of Farmers Branch Page 5 City Council Meeting Minutes March 22, 2022 H.3 ORD-3730 Consider adopting Ordinance No. 3730 amending Chapter 2, Article II relating to meeting absences of Boards and Commissions; and take appropriate action — H.4 R2022-032 Consider approving Resolution No. 2022-032 authorizing the City Manager to purchase license plate readers (LPR's), software, and accessories from Vigilant Solutions for two intersections for use by the police department; and take appropriate action H.5 R2022-034 Consider approving Resolution No. 2022-034 authorizing the City Manager to approve the installation of electrical infrastructure to enable electric vehicle charging at City Hall, Fire Administration, Justice Center, and the Recreation Center from Groves Electrical Service, Inc. through the Buy Board Purchasing Cooperative in the amount of$153,580; and take appropriate action. H.6 R2022-035 Consider approving Resolution No. 2022-035 authoring the City Manager to approve the purchase and installation of electric vehicle chargers at City Hill, Justice Center, and Recreation Center from Charge Point, Inc. through the Sourcewell Purchasing Cooperative in the total amount of$58,654; and take appropriate action H.7 R2022-036 Consider approving Resolution No. 2022-036 for a Detailed Site Plan for Elm Branch, a one-family attached or townhome development, on approximately 3.43 acres tract of land located at 12877 Josey Lane, generally west of the intersection of Valley View Lane and Josey Lane and on the south side of Valley View Lane; and take appropriate action. H.8 R2022-037 Consider approving Resolution No. 2022-037 authorizing the City Manager to sign an agreement with Dataprose, LLC for utility bill printing and mailing services utilizing and Interlocal Cooperative Purchasing Agreement with the City of Plano, Texas; and take appropriate action I. PUBLIC HEARINGS 1.1 ORD-3723 Conduct a public hearing and consider adopting Ordinance No. 3723 for a Specific Use Permit and associated Detailed Site Plan for for a Specific Use Permit and associated Detailed Site Plan for gasoline service station and laundromat (self-service) on an approximate 0.51-acre property located at 14300 Josey Lane; and take appropriate action. Deputy Director of Planning Surupa Sen briefed City Council regarding this item. Ms. Sen explained this item is continued from the February 15,2022 meeting. The applicant does not wish to change anything on his original request for a proposed self-service laundromat. The applicant was present to answer any questions. Mayor Pro Tern Retana thanked Mr. Barwani for coming to Farmers Branch. She explained after speaking with her constituents, she feels there is a demand for this project. City of Farmers Branch Page 6 City Council Meeting Minutes March 22, 2022 Mayor Dye opened the public hearing. No one signed up to speak. A motion was made by Mayor Pro Tern Retana closed the public hearing and approved Ordinance No. 3723, as presented. Motion seconded by Council Member Williams. The motion was approved unanimously. J.1 R2022-033 Consider approving Resolution No. 2022-033 authorizing the City Manager to negotiate and execute an Option Agreement with BQ Energy Development, LLC for the option to lease the closed landfill property generally located at 1399 Valley View Lane for the development of a solar farm; and take appropriate action Alex Pharmakis briefed City Council regarding this item. He explained the closed landfill location on an approximate 23-acre site adjacent to the Citizen's Collection Center has been identified as the potential solar site in a 2020 Solar Feasibility Study. He reviewed the request for proposals noting the recommendation is BQ Energy Development. Council Member Lynne stated no upfront costs or maintenance fees would be incurred. He asked who pays for the mowing. He asked what happens to excess power that we do not purchase and if residents might have an option to purchase. Mr. Pharmakis stated the developer is responsible for property maintenance. He stated they will work with an electric retail provider. Mr. Paul Curran Managing Director of BQ, noted this is a first-time facility and he is working with TCEQ to get the project started. He noted electricity would be generated and a contract would allow for the sale of electricity to a retail electric provider. He believes more power will be generated than used, it is a balancing act. Council Member Lynne asked Mr. Williamson to utilize the IChoosr Program to help provide power back to residents. Council Member Williams asked how material disposal is handled. Mr. Curran explained there are existing recycling plants exist that take in these products. Council Member Merritt asked what the expected build time would be. Mr. Curran explained it could take a year for the process with 6 to 8 months to construct. Mayor Pro Tern Retana explained this is an innovative project that she supports and asked if any negative impacts due to the verification process. Mr. Curran replied stating no negative impacts. Mayor Dye made a motion to approve Resolution No. 2022-033. Motion seconded by Council Member Lynne. Motion passed unanimously. J.2 R2022-039 Consider approving Resolution No. 2022-039 to authorize the City Manager to award a contract for the Phase 1 John F. Burke Nature Preserve redevelopment project and to negotiate and execute a contract on behalf of the city for such project to the lowest responsible bidder; and take appropriate action Director of Parks Michael Mashburn briefed City Council regarding this item. He reviewed highlights of a walking trail, classroom and accessibility around the pond. He provided two different Resolution proposals for the City Council to select from. (Based on material types.) The City Council discussed differences of how water and concrete effect to trex walkways, look and feel about concrete around the pond noting it's not all concrete and these are separate issues, flooding, ADA compliance, staining similar to the Grove, costs with the option to utilize grants or partnerships to assist with funding. City Council Meeting Minutes March 22, 2022 Mr. Mashburn explained the City Council does have the option to do concrete first and build trex on top of it, at a later date to allow for phased funding. After discussion, the City Council decided to take a phased approach to allow future budgeting for — the possibility of adding trex. A motion was made by Mayor Pro Tem Retana to approve Resolution No. 2022-039 (Version 1) and seconded by Council Member Williams. Motion approved unanimously. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION No action taken. ADJOURNMENT— Mayor Dye adjourned the meeting at 6:56 p.m. 4 Signed by: -- Mayor Robert C. Dye Attested by: _ AtirAPJA Amy . Piuka/ ity Secretary City of Farmers Branch Page 9