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2022-04-19 CC Minutes 1 City of Farmers Branch Farmers Branch City Hall Meeting Minutes 13000 Wm Dodson Pkwy City Branch,Texas FARMERS City Council 75234 BRAN CH Tuesday,April 19, 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; Council Member Terry Lynne and Council Member David Merritt City Manager Charles Cox, Deputy City Manager John Land, Assistant City Manager Benjamin Williamson, City Secretary Amy Piukana, City Attorney Peter G. Smith, Staff: Police Chief David Hale, Acting 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, Director of Finance Sherrelle Evans-Jones, and Director of Communications Jeff Brady CALL TO ORDER - STUDY SESSION (3 P.M.) Meeting called to order at 3 p.m. A.1 22-225 Discuss regular agenda items No discussion, Mayor moved 1.5 to consent agenda and also moved 1.7 to consent agenda. A.2 22-150 Receive North Texas Emergency Communications Center (NTECC) Update Executive Director Terry Goswick with North Texas Emergency Communications Center (NTECC) provided an annual report on call volume, service calls, answering standards (90% answered in 15 seconds), recognition, grant funding for radio systems and the new *247 non-emergency number for residents. The City discussed geo tagging and areas of coverage to utilize the *247, and the data (Process time). A.3 22-235 Parks and Recreation Board Biannual Update Parks and Recreation Chairman Bob Stewart provided a Parks and Recreation Board update. Chairman Stewart reviewed mission and vision, awards, events, examples of success (aquatics revenue 32% increase, membership 28% increase) and the Recreation Division (membership 28% increase) with usage up to a 58% increase. Mr. Stewart reviewed updates to the recreation center, and future park plan updates. Mayor thanked Mr. Stewart for his presentation and update. Mayor Pro Tern Retana suggested staff ensure capacity limits are good, prioritize residents over nonresidents and provide lower costs to residents. Council Member Williams requested clarification on deconstructed granite being used for paving at the John F. Burke Nature Preserve. Director of Parks and Recreation Michael Mashburn noted to stay within budget, the City utilized deconstructed granite. He stated this allows the park to meet ADA standards and can be upgraded in the future. A.4 22-233 Receive an update on current and upcoming Parks and Recreation projects Director of Parks and Recreation Michael Mashburn briefed City Council regarding updates to Parks and Recreation. Mr. Mashburn provided an overview of current projects which include John F. Burke Nature Preserve, Joya and Montgomery Parks, Recreation Center Phase II renovations. He reviewed the following proposed projects: The Branch Connection renovation, Barn, Farmers Branch Park renovation, Squire Park, outdoor hockey rink conversion, Recreation Center Phase III renovation, Mercer Park and median enhancements. City of Farmers Branch Page 1 City Council Meeting Minutes April 19, 2022 Mr. Mashburn provided the following summary of costs. o Barn-style event venue- $4 million • ($1.4 million funded through grant) o Rec Center Phase II increase-$500,000 o Rec Center renovation- Phase Ill -$500,000 o TBC renovation-$4 million • ($2.5 million funded through ARPA funds) o Median enhancements -$50,000/yr • Sub Total = *5,150,000 o Mercer Park-$1 million • (Fully funded through ARPA funds) o FB Park renovation - $3 million o Squire Park renovation -$2 million o Outdoor hockey rink conversion $150,000 Total =*10,300,000*Total excludes grant and ARPA funding After discussion, the City Council supports the proposed projects and unanimously agreed to move forward with a plan to educate the public and hold a November bond election to allow citizens to decide. Mayor Pro Tern Retana suggested looking at innovative ways to add a satellite Library and satellite Community Center on the west side. A.5 ORD-3734 Review Draft Ordinance No. 3734 for New Apartment Complex Security Requirements Deputy Director Leo Bonanno briefed City Council regarding his second meeting with Apartment complexes regarding the new security requirements noting thirty-one individuals representing nineteen different complexes attended. Mr. Bonanno provided complex owner and manager feedback. Mr. Bonanno reviewed the following proposed amendments to Ordinance No 3734, based on feedback. • A new requirement that all security devices remain in functional condition at all times. • A new requirement that all images be in color. • Reduction in required signage size from 6 square feet to 4 square feet. • Elimination of the specific language requirement for signage. • New focus on vehicles and parking areas instead of individuals entering buildings. • Addition that a Multi-Family License and a Certificate of Occupancy may be withheld if these regulations are not satisfied. • Changes in miscellaneous language to increase clarity, eliminate redundancy, etc. The City Council discussed benchmarking with other cities, color cameras vs. non-color video, cost of security equipment and location, enforcement, and data storage. After discussion,The City Council agreed to move forward with the ordinance as presented. A.6 22-236 Presentation and discussion related to allowing murals Deputy Director of Planning Surupa Sen briefed City Council regarding murals. She reviewed a proposed mural concept which allows mural with limited business content within any commercial area. She proposed allowing murals tin include any artistic depiction of the business-related content, not allowing the business name or logo and to start with a smaller geographic area (Station Area, Cultural Arts District, Entertainment Overlay District). After discussion, the majority of Council agreed to move forward with the proposed mural plan with the amendment to allow in all commercial areas. City of Farmers Branch Page 2 City Council Meeting Minutes April 19, 2022 A.7 22-226 Discuss future agenda items Mayor Pro Tern Retana requested a Mayors Ad Hoc/Sub Committee to review Parks to ensure ADA compliance. B. EXECUTIVE SESSION B.1 22-232 Council may convene into closed Executive Session pursuant to Section 551.087 of the Texas Government Code: • To discuss economic development incentives for Project Root Beer 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 into closed executive session at 5:24 p.m. and adjourned at 5:39 p.m. C. CALL TO ORDER - REGULAR MEETING (6 P.M.) Mayor Dye called the meeting to order at 6:01 p.m. D. INVOCATION & PLEDGE OF ALLEGIANCE Council Member Williams led the invocation and Pledge of Allegiance and Pledge to the Texas Flag. E. CEREMONIAL ITEMS - None F. MAYOR AND CITY MANAGER'S REPORT ON ITEMS OF COMMUNITY INTEREST City Manager Cox provided a report on items of community interest. G. CITIZEN COMMENTS — The following audience members requested to speak. • James Lockridge 2053 Willowood Drive, expressing his concerns Ag Exempt laws conflicting with city ordinances and a lack of communication with City Officials. • Tommy and Johannes Hylkema 2581 Brandywine Drive spoke expressing concerns regarding rooster noise, traffic, trash, debris and code compliance issues in their neighborhood. H. CONSENT AGENDA A motion was made by Mayor Pro Tern Retana, seconded by Council Member Williams, to approve Consent Items H.1 through H.4, with the addition of 1.5 and 1.7. (from the Regular Agenda to Consent)The motion carried by the following vote: Aye: 5_ Mayor Pro Tern Retana, Council Member Williams, Deputy Mayor Pro Tern Driskill, Council Member Lynne and Council Member Merritt H.1 22-224 Consider approving the following City Council meeting minutes; and take appropriate action • April 5, 2022 Regular Meeting H.2 R2022-047 Consider approving Resolution No. 2022-47 authorizing the City Manager to approve the purchase of a generator for the Branch Connection in the total amount of $166,713 from Loftin Equipment Company through the HGAC Contract; and take appropriate action City of Farmers Branch Page 3 City Council Meeting Minutes April 19, 2022 H.3 R2022-049 Consider approving Resolution No. 2022-49 authorizing the City Manager to enter an agreement with iChoosr, LLC to establish a residential solar group purchasing program; and take appropriate action H.4 ORD-3737 Consider adopting Ordinance No. 3737 amending Appendix C Maps of Chapter 94: Comprehensive Zoning Ordinance of the City of Farmers Branch Code of Ordinances, as it relates to the map depicting Beer and Wine Sales Overlay Districts and Alcoholic Beverage (On-Premise) Overlay Districts; and take appropriate action I. REGULAR AGENDA ITEMS 1.1 R2022-052 Receive an update from the Youth Advisory Council and consider approving Resolution No. 2022-52 continuing the Youth Advisory Council; and take appropriate action Youth Advisory Council (YAC) Chair Emily Derrick briefed City Council regarding the Youth Advisory Council program. Ms. Derrick introduced Youth Advisory Members (Asyrya Cabello, Osmara Montalvo, Morgan A. Merritt, Aleny A. Gomez, Giovanni Bleggi, Emily Derrick, Melanie E Morales, Karla Sanchez, Diego Notario Andrade). Ms. Derrick reviewed the mission, history, meetings, accomplishments, National League of Cities (NLC) trip, benefits of serving and the recommendation to continue the program. The City Council expressed appreciation to the Youth Leaders for their service. Council Member Lynne stated he would like to see service requirements added to YAC and more Council interaction. Mayor Pro Tern Retana cautioned mandating after hour requirements may be tough for students with extra-curricular activities. (School related) Chair Emily Derrick stated the next Youth Advisory Council could provide quarterly updates. After discussion, a motion was made by Mayor Pro Tern Retana, seconded by Deputy Mayor Pro Tern Driskill, that this Resolution be accepted. The motion carried by the following vote: Aye: 5 _ Mayor Pro Tern Retana, Council Member Williams, Deputy Mayor Pro Tern Driskill, Council Member Lynne and Council Member Merritt 1.2 22-238 Receive an update from the Metrocrest Chamber of Commerce Metrocrest Chamber of Commerce President Hayden Austin provided an update. Mr. Austin reviewed the Chamber's mission and vision statements, last year timeline, membership, events, programs, resources, engagement, and future plans. The City Council discussed metrics, business visits, and deliverables. The City Council expressed gratitude to Mr. Austin for his Leadership efforts with the Metrocrest Chamber of Commerce. 1.3 22-237 Receive an update from the Farmers Branch Chamber of Commerce Farmers Branch Chamber of Commerce President Grace Speese reviewed 2021 events, lunches, membership, workforce bootcamp program, and upcoming events. The City Council expressed gratitude to Ms. Speese for her Leadership efforts with the Farmers Branch Chamber of Commerce. City of Farmers Branch Page 4 City Council Meeting Minutes April 19, 2022 _. 1.4 22-247 Receive a presentation on the second quarter financials Director of Finance Sherrelle Evans Jones provided a report on second quarter financials. Ms. Evans Jones reviewed General, Enterprise and Hotel/Motel fund results and provided an Investment Portfolio review as of March 31,2022. The City Council discussed property tax protests, hotel motel funds and the number of hotels in the area, conservative approach in reporting and a prior presentation from Mr. Binford on the effects of the number of hotets, the positive results of the economy recovery and investment in Farmers Branch. The City Council expressed gratitude to Ms. Evans Jones for her report. 1.5 ORD-3735 Consider adopting Ordinance No. 3735 to approve the Project and Financing Plan for Tax Increment Financing Reinvestment Zone Number Four; and take appropriate action (Moved and approved under Consent) 1.6 R2022-054 Consider approving Resolution No. 2022-54 relating to the giving of notice of intention to issue City of Farmers Branch, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2022, for the purpose of paying contractual obligations to be incurred related to a public recreational multi-sport and fitness facility in an amount not to exceed $25.0 million; declaring intent to reimburse certain prior capital costs; and take appropriate action Director of Finance Sherrelle Evans Jones briefed City Council regarding this item. She noted the City Council has expressed desire to construct a new public recreational multi-sport and fitness facility, including volleyball and basketball courts, and related parking and public infrastructure at the Dallas Star Center. As part of this project, the City may incur initial capital expenditures prior to the issuance of the certificates of obligation. Should these expenditures occur, the City expects to reimburse itself for these costs once the certificates are issued. Ms. Evans Jones explained the Certificates are expected to be issued with maturity not to exceed 25 years. A tax increase resulting for this issuance is not anticipated. She explained the cost of debt service related to this new facility is anticipated to be fully covered by lease payments from the tenant and operator of the Project. Lastly, the City intends to require a deposit in the amount of one year's lease payments to provide cash flow security in the unlikely event of default of the lease tenant and operator. Ms. Evans Jones explained this resolution gives notice of the City's intent to issue certificates of obligation, in an amount not to exceed $25.0 million, for the purpose of paying contractual obligations to be incurred. The City Council expressed their gratitude to the Economic Development Team for assisting and identifying this project. The City Council was unanimously in support of the proposed project. A motion was made by Council Member Williams, seconded by Mayor Pro Tern Retana, that this Resolution be accepted. The motion carried by the following vote: Aye: 5- Mayor Pro Tern Retana, Council Member Williams, Deputy Mayor Pro Tern Driskill, Council Member Lynne and Council Member Merritt 1.7 R2022-053 Consider approving Resolution No. 2022-53 authorizing the City Manager to execute an agreement with Gomez Floor Covering, Inc. to perform the restroom renovations at the Recreation Center through the Buy Board Cooperative Purchasing contract in the total amount of $308,652; and take appropriate action (Moved and approved under Consent) City of Farmers Branch Page 5 City Council Meeting Minutes April 19, 2022 1.8 ORD-3738 Consider adopting Ordinance No. 3738 amending Chapter 2 Administration, Article III Code of Ethics, by amending Section 2-278 to add definitions and add Section 2-280 Additional Standards to add _ Subsection (h) and (i) regarding false statements; and take appropriate action Mayor Dye noted he requested this amendment to the ethics ordinance to ensure the City Council communication is distributed truthfully to constituents regarding City business. The City Council discussed Councilman Lynne's newsletter communications, interpretations, having a tight policy to ensure clear communication and accountability to constituents. Council Member Lynne expressed concerns noting in his opinion this policy is not necessary, noting he nor anyone on the Council has ever knowingly distributed false communication to the public. Council Member Merritt explained the City Council should be professional and held to higher standards and must abide by the ethics policy when communicating to the public. A motion was made by Council Member Merritt,seconded by Council Member Williams,that this Ordinance be accepted.The motion carried by the following vote: Nay: 1 -Council Member Lynne Aye: 4-Mayor Pro Tern Retana, Council Member Williams, Deputy Mayor Pro Tern Driskill and Council Member Merritt J. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION Motion Project Root Beer A motion was made by Council Member Lynne that the city manager be authorized to negotiate and execute on behalf of the City an agreement pursuant to Chapter 380 Texas AI WIMP Local Government Code with OHT Partners LLC, and/or affiliated companies, and any amendments thereto, which provides 5 annual grants equal to 100 percent of the property taxes assessed the improvements not to exceed $2 Million Dollars, for a multifamily project at north east corner of Welch and Alpha Road consisting of 5 stories, approximately 788,210sf square feet, 400 units, and structured parking, in accordance with the site plan to be approved for the project; conditioned on the developer closing the purchase of the subject land. Motion seconded by Deputy Mayor Pro Tern Driskill, that this be accepted. The motion carried by the following vote: Aye:5- Mayor Pro Tem Retana, Council Member Williams, Deputy Mayor Pro Tem Driskill, Council Member Lynne and Council Member Merritt K. ADJOURNMENT Mayor Dye adjourned the meeting at 7:45 p.m. Signed by: Mayor Robert C. Dye Attested by: _ _ EM�l Amy M. P. kana, City Secretary City of Farmers Branch Page 6