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2022-09-20 CC Minutes City of Farmers Branch Farmers Branch City Hall 13000 Wm Dodson Pkwy Meeting Minutes Farmers Branch,Texas 75234 FARMERS City Council BRANCH Tuesday, September 20, 2022 6:00 PM Council Chambers City Council Present: 6 Mayor Robert Dye, Mayor Pro Tern David Merritt, Deputy Mayor Pro Tern Traci Williams, Council Member Omar Roman, Council Member Michael Driskill, and Council Member Richard Jackson Staff Present: Interim City Manager John Land, Assistant City Manager Ben Williamson, City Secretary Stacy Henderson, Assistant City Secretary Argie Ree Potter, City Attorney Pete Smith, Director of Innovation and Technology Mark Samuels, Director of Public Works Marc Bentley, Police Chief David Hale, Director of Human Resources Brian Beasley, Director of Planning & Zoning/Economic Development Allison Cook, Director of Fleet& Facilities Kevin Muenchow, and Director of Finance Sherrelle Evans-Jones, Fire Chief Daniel Latimer, Director of Parks and Recreation Mike Mashburn, Deputy Director of Planning Surupa Sen, and Director of Sustainability and Public Health Shane Davis. CALL TO ORDER-STUDY SESSION (3 P.M.) -STUDY SESSION ROOM Mayor Dye called the meeting to order at 3:00 p.m. A.1 Discuss regular agenda items. Council Member Roman had questions related to Agenda Item H.S. asking what affect the new townhome development would have on the public improvement district for that area. Director of Finance Sherrelle Evans- Jones explained when the property is converted to individual townhomes, each property would be individually assessed that would generate additional funds into the public improvement district. Council Member Roman asked if language was included in the agreement for this project that outlined who would be responsible for maintaining the park, and also asked for clarification on the timeline for construction of the townhomes. Deputy Director of Planning Surupa Sen noted that the applicant would be available to answer those questions at the regular meeting. Council Member Roman asked if the amount of funding needed was determined for the vendor that would be used to disburse the tax rebate dividend checks. Ms. Evans-Jones noted that an overall estimate was received in an amount not to exceed $20,000, but expected that actual expenditures would be much lower. Council Member Roman asked if the Neighborhood Repair Program could be divided into two separate programs based on age and need. Interim City Manager John Land explained that the program could be evaluated, and suggested it be placed on the October 11, 2022 City Council Study Session agenda for further discussion. Mayor Pro Tem Merritt had a question related to Agenda Item H.4. asking why the property owner was not able to agree on egress with the southern property owner. Ms. Sen explained that additional improvements were requested that could not be agreed upon. A.2 Receive a biannual update from the Sustainability Committee Chairman of the Sustainability Committee Joseph Riegel gave a presentation regarding establishment of the _ committee, focus areas of the sustainability plan, progress on sustainability plan goals, and reviewed committee recommendations for additional programming that included, solar initiatives, tree giveaways, and rain barrel usage. Mr. Riegel discussed future projects that included landfill diversion, planning for solar and electric vehicles, community outreach, light pollution, and an environmental purchasing policy. City Council Meeting Minutes Page 1 Deputy Mayor Pro Tern Williams asked that Committee presentations to the Council be codified and provided their own video segment link to be easily accessible to the public. Mayor Pro Tern Merritt asked for additional information regarding the Earth Day Runner's Race 2023. Mr. Riegel discussed obtaining route approval for the two races, various booths at the event. A.3 Discuss the Proposed Fiscal Year 2022-23 Balanced Budget and Current Year-End Proposed Amended Budget Director of Finance Sherrelle Evans-Jones explained items that had been amended in the budget from the previous City Council meeting that included funding for the $.02 cent tax rate dividend and funding for a code enforcement officer and vehicle. Council Member Jackson asked if the increased salaries for public safety would be capped as part of the public safety pay programs. Human Resources Director Brian Beasley explained the step structure process for sworn public safety personnel did not include a capped amount; however, public safety administrative staff was based on a merit base plan that did include capped amounts. The City Council also discussed how the additional two percent bonus would be applied to public safety personnel salaries. A.4 Discuss future agenda item. Council Member Jackson asked that enhancements to the City's Ethics Policy be placed as a discussion item for future agenda item topics. B. EXECUTIVE SESSION B.1 Council may convene into closed Executive Session pursuant to Section 551.087 of the Texas Government Code: • To discuss economic development incentives for Project Macy. • To discuss economic development incentives for Project Highway. The City Council convened into Executive Session at 3:38 p.m. and adjourned from Executive Session at 4:44 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 Mayor Pro Tern Merritt led the Invocation and Pledge of Allegiance. E. CEREMONIAL ITEMS E.1 Recognition of Daniel Latimer for fifteen years of service to the City of Farmers Branch and his appointment as Fire Chief. Mayor Dye recognized Daniel Latimer for fifteen years of service to the City of Farmers Branch and appointment as the City's new Fire Chief. Assistant City Manager Ben Williamson discussed Chief Latimer's commitment and achievements. Chief Latimer thanked his family, City Council, staff, and Fire Department personnel. City Council Meeting Minutes Page 2 F. MAYOR AND CITY MANAGER'S REPORT ON ITEMS OF COMMUNITY INTEREST Interim City Manager John Land presented items of community interest. G. CITIZEN COMMENTS The following individuals spoke during Citizen Input: • Former Mayor John Dodd and Former Mayor Bill Glancy, discussed an invitation received from the Queen of England in years past as part of the Sister City program, their visit with the Queen, and a sculpture presented as part of the Sister City Program. • Lisa Rigby, Executive Director for Woven Health requested one-time funding for their organization that serves Farmers Branch residents. • Tommie Hylkema, 2581 Brandywine, thanked the City Council for their leadership and service. • James Lockridge, 11771 Mira Lago, discussed code enforcement concerns related to Farmers Branch property. • Vicki Harrison, 3706 Ridgeoak Way, discussed Council decorum and respect. • Pat Edmiston, 14215 Tanglewood, discussed opposition to the budget as presented. • Mike Harrison, 3706 Ridgeoak Way, discussed Senate Bill 2, explained the voter approval tax rate, and would like a tax rate decrease approved in the budget. • Cheryl Howerton, 3657 Morningstar, discussed the history of Oran Good Park and opposition to changing the name of the park. • Margaret Young, 3412 Highland Meadow, discussed park amenities in Farmers Branch, and supported the Historical Park event center and Joya Park. H. CONSENT AGENDA Council Member Roman asked the timeline of construction related to Agenda Item H.S. Michael Beaty, developer for the project stated preparing plans, obtaining permits, and construction would take approximately 20 months. Council Member Roman asked who would be responsible for maintaining the park proposed within the development. Mr. Beaty stated it would be a City park maintained by the City. A motion was made by Mayor Pro Tern Merritt, seconded by Deputy Mayor Pro Tern Williams to accept the Consent Agenda. The motion passed with the following vote: Aye: 5 Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, Council Member Jackson, and Mayor Pro Tern Merritt The following items were approved as part of the Consent Agenda. H.1 Consider approving the following City Council meeting minutes; and take appropriate action • September 13, 2022 Work Session Meeting • September 20, 2022 Regular Meeting City Council Meeting Minutes Page 3 H.2 Consider excusing the absence of Deputy Mayor Pro Tern Traci Williams from the September 6, 2022 City Council meeting; and take appropriate action. H.3 Consider adopting Ordinance No. 3758 approving an annual update of the service and assessment plan and the assessment roll for Mercer Crossing Public Improvement District pursuant to Chapter 372 of the Texas Local Government Code; and take appropriate action H.4 Consider approving Resolution No. 2022-114 for a Detailed Site Plan amendment for an office/warehouse building on an approximately 1.52-acre tract located at 13100 Senlac Drive; and take appropriate action. H.5 Consider approving Resolution No. 2022-121 for a Detailed Site Plan for single-family attached (townhome) development, city park, and associated improvements on approximately 11.61 acres located at 1820 Wittington Place; and take appropriate action. H.6 Consider appointing a representative from the Firehouse Theatre to the Arts & Culture Committee; and take appropriate action. PUBLIC HEARINGS 1.1 Conduct a public hearing to consider adopting a property tax rate of$0.589 and take appropriate action. Mayor Dye opened the public hearing at 7:00 p.m. There was no one that requested to speak on this item. A motion was made by Mayor Pro Tern Merritt, seconded by Deputy Mayor Pro Tern Williams, to close the public hearing and approve this item. The motion carried with the following vote: Nay: 1 Council Member Jackson Aye: 4 Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, and Mayor Pro Tern Merritt 1.2 Conduct a public hearing to consider adopting Ordinance No. 3760 amending Chapter 2 Section 2- 581(b) of the Code of Ordinances to provide that any employee of this city who is a member of the Texas Municipal Retirement System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service; and take appropriate action. Mayor Dye opened the public hearing at 7:02 p.m. There was no one that requested to speak on this item. A motion was made by Deputy Mayor Pro Tern Williams, seconded by Mayor Pro Tem Merritt, to close the public hearing and Ordinance No. 3760 be approved as presented. The motion carried with the following vote: Aye: 5 Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, Council Member Jackson, and Mayor Pro Tern Merritt REGULAR AGENDA ITEMS J.1 Consider adopting Ordinance No. 3759 amending the Farmers Branch Code of Ordinances, Appendix A - Fee Schedule, relating to fees established pursuant to Chapters 86 "Utilities", Article IV "Service Rates and Billing Procedure", Section 86-276(a) "Water Service Rates", Section 86- 276(b) "Duplexes, Triplexes, Quadplexes, and Apartment Houses or Multifamily Dwellings, per Unit" to address a temporary rate and take appropriate action. Mayor Dye read agenda Items J.1, J.2, J.3, and J.4 related to the budget and tax rate into the record. City Council Meeting Minutes Page 4 Ms. Sherrelle Evans-Jones briefed the Council on proposed changes to the budget, discussing the water credit rebate, and the $.02 cent tax rate dividend for all property owners. Mayor Dye thanked Ms. Evans-Jones and the Finance team, and opened the public hearing at 7:16 p.m. with the following individuals that requested to speak. • Colleen Rulien, 3223 Whispering Oak, explained that her townhome community was not individually metered, and would like their community to be considered for the water rebate. • James Lockridge, 11771 Mira Vista, expressed his opposition to the budget as presented. • David Prince, 14400 Midway Road, suggested the City Council reconsider expenditures that are being allocated and to reduce spending overall. • Margaret Stidham, 3229 Whispering Oak, noted that she was part of the Oakbrook townhome community, where townhomes were not metered individually, and would like to be included in the water rebate. • Todd Warren, 14302 Juniper Cove, would like property taxes lowered. • Tim Robbs, 14541 Tamerisk Lane, was in favor of a property tax decrease and opposed to a water rebate. • Mike Harrison, 3706 Ridgeoak Way, was opposed to funding charities from tax payer dollars. Council Member Jackson explained that he could not support the budget as presented, and noted that 20 other surrounding cities were reducing their tax rate, and believed the City should do the same to address the rising revenue for the City, and provide relief to property owners. Council Member Jackson stated he supported a full nine percent salary increase be added to public safety base salaries rather than the seven percent proposed with an additional two percent bonus. Council Member Jackson further explained that he was not in support of additional funding to Metrocrest Services using taxpayer dollars, and that ARPA funding for certain projects could be adjusted to use these funds towards Metrocrest Services. Council Member Roman asked how the water credit could be applied to the townhome property owners that were based off one meter for the entire townhome community. Ms. Evens-Jones explained that staff was reviewing options to include the townhome property owners to determine how the water credit can be disbursed to these communities that operate from one meter. Council Member Roman noted that he was not in support of the budget as there were several items he did not agree with, as well as residents not being in support of the budget as presented. Mayor Pro Tem Merritt explained the City's needs to be fiscally responsible, including the amount of revenue the City earns and the amenities and services that are provided to residents. Mayor Pro Tern Merritt discussed the 20 percent increase in the budget that was due to the multi-sport project that was being fully funded by the Dallas Stars. He also noted that the tax rate dividend provided relief to property owners, and the water rebate provided relief to residents. Mayor Pro Tern Merritt stated that the Council would work with staff to find a solution for those property owners living in townhome communities with one meter. Mayor Pro Tern Merritt explained that the City's tax revenue was the third lowest compared to the other 20 surrounding cities, and the other cities were larger in population and therefore, received additional federal funding. Mayor Pro Tern Merritt discussed other revenue sources that go into the General Fund besides property taxes, as well as service fees to residents that were not being raised, and the 20% homestead exemption that other cities did not provide. Mayor Pro Tern Merritt discussed revenue received from the landfill that allowed the City to not charge a trash fee to residents, and the need to address landfill closure costs for the future. City Council Meeting Minutes Page 5 Deputy Mayor Pro Tern Williams thanked the residents for voicing their concerns, and thanked Council for their leadership. Deputy Mayor Pro Tern Williams stated she fiscally agreed with Mayor Pro Tern Merritt's comments, and thanked Ms. Evans-Jones for being a good financial steward for the City. A motion was made by Mayor Dye, seconded by Deputy Mayor Pro Tern Williams, that this Ordinance be accepted. The motion carried by the following vote: Aye: 5 Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, Council Member Jackson and Mayor Pro Tern Merritt J.2 Consider adopting Ordinance No. 3754 approving and adopting a budget plan for the fiscal year beginning October 1, 2022 and ending September 30, 2023; providing that expenditures for said fiscal year shall be made in accordance with such budget; appropriating and setting aside the necessary funds out of the general and other revenues of the City of Farmers Branch for said fiscal year for the maintenance and operation of various departments and for various activities and improvements of the City; appropriating the various amounts required for such budget; amending the 2021-22 Adopted Budget; providing for an effective date; and take appropriate action. A motion was made by Mayor Dye, seconded by Deputy Mayor Pro Tem Williams, that this Ordinance be accepted. The motion carried by the following vote: Nay: 2 Council Member Roman, Council Member Jackson Aye: 3 Council Member Driskill, Deputy Mayor Pro Tern Williams, Mayor Pro Tern Merritt J.3 Consider approving Resolution No. 2022-098 ratifying the property tax revenue increase reflected in the Fiscal Year 2022-23 Budget and take appropriate action. A motion was made by Mayor Dye, seconded by Deputy Mayor Pro Tern Williams, that this Resolution be accepted. The motion carried by the following vote: — Nay: 2 Council Member Roman, Council Member Jackson Aye: 3 Council Member Driskill, Deputy Mayor Pro Tem Williams, Mayor Pro Tern Merritt J.4 Consider adopting Ordinance No. 3755 accepting the Tax Year 2022 Certification of Appraisal Roll in accordance with Section 26.04(b) of the State Property Tax Code and to levy and adopt the tax rate for Fiscal Year 2022-23 (Tax Year 2022) and take appropriate action. A motion was made by Mayor Dye, seconded by Deputy Mayor Pro Tern Williams, that this Ordinance be accepted. The motion carried by the following vote: Nay: 2 Council Member Roman, Council Member Jackson Aye: 3 Council Member Driskill, Deputy Mayor Pro Tern Williams, Mayor Pro Tern Merritt J.5 Consider adopting Ordinance No. 3762 providing for a dividend from the surplus revenue from the General Fund for the taxpayers of the City and take appropriate action. A motion was made by Mayor Dye, seconded by Deputy Mayor Pro Tem Williams, that this Ordinance be accepted. The motion carried by the following vote: Aye: 5- Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, Council Member Jackson, and Mayor Pro Tern Merritt City Council Meeting Minutes Page 6 K. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION. A motion was made by Deputy Mayor Pro Tern Williams, seconded by Council Member Driskill, that the Interim City Manager be authorized to negotiate and execute on behalf of the City an economic development incentive agreement for Project Macy, including any amendments or instruments relating thereto, which provides a grant of$175,000 for tenant finish-out to be paid in two equal installments of $87,500 each, with the first payment to be made on execution of a lease of 12990 Bee Street, Suite 100, Farmers Branch and the second installment to be made on the date of issuance of a certificate of occupancy; provided the company leases and occupies approximately 3,000 square feet of space at 12990 Bee Street, Suite 100, Farmers Branch for a period of at least seven years, beginning August 30, 2023, subject to the standard terms and conditions except that the repayment of the grant shall be prorated based on the number of full years of compliance with the terms and conditions of the agreement. The motion carried by the following vote: Aye: 5- Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, Council Member Jackson, and Mayor Pro Tern Merritt A motion was made by Deputy Mayor Pro Tern Williams, seconded by Council Member Driskill, that the Interim City Manager be authorized to negotiate and execute on behalf of the City an economic development incentive agreement for Project Highway, including any amendments or instruments relating thereto, which provides a grant for tenant finish-out and remodeling to be paid in two equal installments, with the first payment to be made on execution of a lease of 13090 Bee Street, Farmers Branch and the second installment to be made on the date of issuance of a certificate of occupancy; provided the company leases and occupies approximately 8,500 square feet of space at 13090 Bee Street, Farmers Branch for a period of at least seven years, beginning May 30, 2023, subject to the standard terms and conditions except that the repayment of the grant shall be prorated based on the number of full years of compliance with the terms and conditions of the agreement. The motion carried by the following vote: Aye: 5- Council Member Roman, Council Member Driskill, Deputy Mayor Pro Tern Williams, Council Member Jackson, and Mayor Pro Tern Merritt ADJOURNMENT Mayor Dye adjourned the meeting at 8:15 p.m. Approved by: Mayor Robert C. Dye 9111 Signed b . - acy 'en•- • , City Secretary City Council Meeting Minutes Page 7 `r v