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2023-06-20 CC Minutesw5o�'ffi FARMERS BRANCH Tuesday, June 20, 2023 City of Farmers Branch Action Meeting Minutes City Council 6:00 PM Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Council Chambers The full video of this meeting is available on the City website at https://farmersbranch.legistar.com/Calendar.aspx. Council Present: Mayor Terry Lynne, Mayor Pro Tem Richard Jackson, Deputy Mayor Pro Tem Omar Roman, Councilmember Martin Baird, Councilwoman Tina Bennett -Burton, Councilmember David Merritt Staff Present: City Manager Ben Williamson, Deputy City Manager Mike Mashburn, Chief of Staff Jawaria Tareen, City Secretary Stacy Henderson, City Attorney Pete Smith, Police Chief Kevin McCoy, Fire Chief Daniel Latimer, Director of Parks and Recreation Rachael Arroyo, Director of Sustainability & Public Health Shane Davis, Director of Economic Development Allison Cook, Director of Finance Tammy Zimmerman, Director of Communications Jeff Brady, Director of Innovation and Technology Mark Samuels, Director of Public Works Ryan Sartor. A. CALL TO ORDER - STUDY SESSION Mayor Lynne called the Study Session meeting to order at 3:00 p.m. and announced they would be moving to Agenda item A.6 at this time. A.6 Receive a presentation and discuss CADG Mercer Crossing Holdings, LLC request to amend the Mercer Crossing Public Improvement District service and assessment plan, assessment rolls, and reimbursement agreement relating to the previous change of use of property within Planned Development No. 99 from the amphitheater to townhome use. Tammy Zimmerman, Director of Finance presented this item explaining the PID assessment was setup in 2016, that assessed a levy to property owners for public infrastructure costs. The developer was requesting the PID be amended to levy assessments to include the new development of 69 townhomes which was originally designated as an amphitheater lot. The developer was requesting reimbursement from the PID in the amount of $679,722 for infrastructure costs they have installed to date. Kirk Wilson, with CADG Mercer Crossing Holdings, requested to amend the PID levying the lots appropriately as the lot was originally designated as an amphitheater, but will now be developed into 69 townhome lots. The Council was in agreement with moving forward with the PID amendment and would like a construction timeline communicated to residents in the area. A.1 Discuss regular agenda items. Deputy Mayor Pro Tem Roman had questions related to Item J.2., regarding the construction timeline for the Joya playground. Rachael Arroyo, Director of Parks and Recreation noted that construction would take approximately 120 days from the letter of intent. Deputy Mayor Pro Tem Roman asked for clarification on Item H.12., Youth Advisory Council. City Manager Ben Williamson clarified that due to lack of interest and participation, this program would be shifted to the Farmers Branch Chamber to be part of their Youth Boot Camp program. City Council Minutes Page 1 June 20, 2023 Mayor Pro Tem Jackson requested Item H.2 Multicultural event, be updated to reflect the task force could meet outside regular business hours if needed. Mayor Pro Tem Jackson asked for clarification on Item H.3, Development Incentive Agreement, as to when the applicant would be able to begin work on alterations. Allison Cook, Director of Economic Development explained they were ready to proceed upon approval of the item. Councilmember Merritt asked that Item H.2. be removed from the Consent Agenda to make a presentation at the regular portion of the meeting. He also asked that Agenda Items H.6, H.8, H.9, and H.10 also be removed from the Consent agenda to provide more information to residents. A.2 Receive a biannual update from the Arts and Culture Committee. Arts and Culture Committee Chair Natalie Macellaio presented this item. Ms. Macellaio noted that the Arts and Culture Committee won board of the year, discussed the newly formed arts district, various arts projects that had been completed, and future art projects throughout the City. The Council suggested placing QR codes on appropriate art pieces to provide information on how the art piece was created and information about the artist. The Council discussed the creation of a comprehensive plan outlining each art piece, their condition, materials used, value, and placing that list on the City website. Ms. Macellaio discussed the West Side Art Trail project and the proposed public arts pieces for the area. A.3 Discuss Recreation Center Potential Membership Fee Changes. Jessica Alvarado, Recreation Manager presented this item discussing potential membership fee increases for the Recreation Center that would reflect market rates and the value of services provided. Ms. Alvarado discussed membership fees had not been increased since 2004 and discussed the facility improvements that had been made including equipment, programs, and services. The Council discussed current annual membership fees, amenities offered, and the percentage of memberships that were non-residents totaling nine percent. Council was in agreement to move forward with proposed fee increases for the Recreation Center. A.4 Discuss the Multi -Cultural Event Task Force Process. Geoff Fairchild, Special Events Manager, presented this item discussing the appointment process, guidelines for the task force, and a timeline for the event. Council asked that the following questions be added to the application to ensure diversity: 1. What culture do you represent, or would you like to represent? 2. What skill set can be contributed to the event? 3. What experience can you bring to the task force? A.5 Receive a report regarding the potential revenue and liabilities attributed to Camelot Landfill over the remaining life of the facility and discuss the residential solid waste collection fee. Shane Davis, Director of Sustainability and Public Health presented this item explaining the current expected life of the landfill was 20 years with an estimated closure date of 2042. Mr. Davis discussed future financial challenges with the landfill, short term needs related to updates to the gas collection system, and the need to implement a residential garbage and recycling collection fee in the future to assist in covering costs to maintain the landfill in the future. The Council discussed the landfill's remaining capacity, financial challenges, the possibility of increasing the landfill capacity, and implementation of an incremental monthly fee for residential garbage and recycling collection. City Council Minutes Page 2 June 20, 2023 Mayor Lynne stated that implementing a residential fee would need to be incremental and acceleration of savings was needed for the closure fund. A.7 Discuss combining the Parks and Recreation Board, Historical Preservation and Restoration Board, and Manske Library Board into one board, consider board structure and appointment of members. City Secretary Stacy Henderson presented this item discussing possible benefits of combining the three boards, proposed board structure, and if the Council would like to move forward with consolidating the boards or maintaining the current status. The Council asked that this item be presented at the regular session meeting to discuss further. A.8 Discuss changing the name of the Arts and Culture Committee to the Sports, Entertainment, and Arts Committee and create a slate list of member appointments to the Committee. Mayor Lynne noted this item was being tabled to a future agenda. A.9 Discuss future agenda items. Councilwoman Burton asked that an item be added creating metrics for board and commission appointments and what the metrics should include. Mayor Pro Tem Jackson asked that the enhancements to the Code of Ethics ordinance be brought before Council. Mayor Lynne asked that minutes from each board and commission meeting be posted on the City website. B. EXECUTIVE SESSION The City Council convened into Executive Session at 4:54 p.m. and reconvened from Executive Session at 5:13 p.m. Agenda Item B.1 was not discussed during 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 Frito. B.2 Council may convene into closed Executive Session pursuant to Section 551.087 of the Texas Government Code to discuss economic development incentives for Project Eisenhower. C. CALL TO ORDER - REGULAR MEETING (6 P.M.) Mayor Lynne called the Regular Meeting to order at 6:01 p.m. D. INVOCATION & PLEDGE OF ALLEGIANCE Councilmember Merritt led the Invocation and Pledge of Allegiance. E. CEREMONIAL ITEMS EA Presentation of the Employee of the Month Award to Juan Aranda. Mayor Lynne presented the Employee of the Month award to Juan Aranda. Shane Davis, Director of Sustainability and Public Health thanked Mr. Aranda for his efforts and his tremendous attitude. City Council Minutes Page 3 June 20, 2023 E.2 Recognize David Murry of the Parks and Recreation Department for 35 years of dedicated service to the City of Farmers Branch. Mayor Lynne recognized David Murray for 35 years of service with the Parks and Recreation Department. Kerry Phillips, Parks Superintendent thanked Mr. Murray for his years of service and commitment. F. ITEMS OF COMMUNITY INTEREST Jeff Brady, Director of Communications presented items of community interest. G. REPORT ON STUDY SESSION ITEMS Mayor Lynne reported on study session items that included the following: - Report on the Camelot Landfill and remaining life of the facility - Fee changes at Recreation Center - Annual report from the Arts and Culture Committee - Review of the Multicultural Task Force Mayor Lynne noted that agenda Items H.2, H.6, H.8, H.9 and H.10 would be removed from the Consent Agenda, and a presentation regarding Study Session Item A.7 Consolidation of boards and commissions would be made during the Regular Agenda. H. CONSENT AGENDA The following items were removed from the Consent Agenda: Agenda Item H.2 would be moved to Agenda Item J.3 Agenda Item H.6 would be moved to Agenda Item J. 4 Agenda Items H.8, H.9 and H.10 would be moved to Agenda Item J.5 The following individuals requested to speak regarding the Consent Agenda: Amber Raley, 14521 Cyprus Point Spoke in opposition to abolishing the Youth Advisory Council and spoke to servant leadership. Tony Pham, 2707 Columbus, Grand Prairie Spoke in opposition to abolishing the Youth Advisory Council. Deputy Mayor Pro Tem Roman asked for clarification regarding the status of the Youth Advisory Council. City Manager Ben Williamson explained that recruitment efforts for the Youth Advisory Council were not successful with the City, but to maintain student interest and participation, the program was being moved to the Farmers Branch Chamber youth program. A motion was made by Councilmember Merritt, seconded by Councilwoman Burton, to approve the Consent Agenda as amended. The motion carried by the following vote: Aye: Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, Councilmember Baird, Councilwoman Burton and Councilmember Merritt H.1 Consider approving the following City Council meeting minutes; and take appropriate action. • June 6, 2023 Regular Meeting H.3 Consider approving Resolution No. 2023-094 approving Economic Development Incentive Agreement pursuant to the Commercial Facade Grant Program for 4455 Alpha Road; and take appropriate action. City Council Minutes Page 4 June 20, 2023 HA Consider approving Resolution No. 2023-096 authorizing an amendment to the Professional Service Agreement with BGE, Inc. for professional engineering services relating for the design of the Farmers Branch Office Park Lift Station Rehab Project increasing the original contract by $62,742.00; and take appropriate action. H.5 Consider approving Resolution 2023-117 appointing members to the Charter Review Committee, establishing Charter Review Committee guidelines; and take appropriate action. H.7 Consider approving Resolution No. 2023-105 authorizing the City Manager to file a project application with the North Central Texas Council of Governments for a Regional Solid Waste Program Local Implementation Project; and take appropriate action. HA 1 Consider approving Resolution 2023-102 authorizing an agreement to purchase in -car audio/video recording equipment, body -worn cameras, interview room cameras, and associated equipment from Axon Enterprises, Inc. through the City's Cooperative Purchasing Agreement (Buyboard); and take appropriate action. H.12 Consider approving Resolution No. 2023-118 abolishing the Youth Advisory Council; and take appropriate action. H.13 Consider approving Resolution No. 2023-119 ratifying the emergency declaration by the City Manager authorizing work to be performed by Felix Construction Company for repairs to the Farmers Branch Office Park Lift Station; authorizing additional agreements and change orders relating to the repair of said infrastructure; and take appropriate action. PUBLIC HEARINGS There were no public hearing items on this agenda. REGULAR AGENDA ITEMS J.1 Consider contracts for services with non-profit organizations; and take appropriate action. Perla Tavera, Deputy Director of Finance, presented this item noting that current contracts expire September 30, 2023, and that contracts were performance based, with a proposed five-year contractual funding amount, but can still be reviewed annually. Ms. Tavera noted that the service contracts had a built-in escalator. Deputy Mayor Pro Tem Roman noted he was in favor of funding 50 percent of the requested cost for Metrocrest Services at this time. Mayor Lynne noted he was in favor of funding for the Farmers Branch Chamber and Metrocrest Chamber as they provided growth for the City; however, he was not in favor of escalated clauses within the contract. Councilmember Merritt noted he was comfortable with funding presented for social services. Deputy Mayor Pro Tem Jackson noted that he was conflicted about funding for Metrocrest Services and discussed other infrastructure needs for the City. Councilwoman Burton noted she was comfortable with the funding presented, but not with automatic escalators. Mayor Lynne asked that the contracts be brought back to the next meeting without the automatic escalators. J.2 Consider approving Resolution No. 2023-058 authorizing the City Manager to enter into a contract with Dean Electric, Inc. dba Dean Construction in the amount of $1,204,762.65 for the construction, grading, plumbing, and electrical services for the improvements at Joya Playground at Oran Good Park. Rachael Arroyo, Director of Parks and Recreation presented this item discussing playground amenities and funding from the American Rescue Plan Act funds that would be used for a portion of the project. A motion was made by Councilwoman Burton, seconded by Councilmember Merritt, to approve the Resolution as presented. The motion carried by the following vote: City Council Minutes Page S June 20, 2023 Aye: Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, Councilmember Baird, Councilwoman Burton and Councilmember Merritt. J.3 (H.2 Consent Agenda Item) Consider approving Resolution No. 2023-089 to establish a Multi -Cultural Event Task Force; and take appropriate action. Geoff Fairchild, Special Events Manager presented this item discussing the timeline for the event, purpose, meetings, membership appointments, and task force composition that included residents and stakeholders. Mayor Pro Tem Jackson suggested subcommittees be formed to focus on food, and other specific areas as this will be a large event for a task force of 15 to coordinate. Mr. Fairchild explained that staff would be reaching out to other cities and events to see how they operate their multicultural event and gather more information. The event is slated for the 3rd Saturday in March 2024. A motion was made by Councilmember Merritt, seconded by Deputy Mayor Pro Tem Roman to approve Resolution No. 2023-089 as presented. The motion carried by the following vote: Aye: Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, Councilmember Baird, Councilwoman Burton, and Councilmember Merritt J.4 (H.6 Consent Agenda Item) Consider approving annual Board, Commission, and Committee appointments for 2023/2024 for the Animal Shelter Advisory Committee, Municipal Drainage Utility System Advisory Committee, Planning and Zoning Commission, Senior Advisory Board, Sustainability Committee, Valwood Improvement Authority, and Zoning Board of Adjustment; and take appropriate action. The following individuals requested to speak on this item. Andy Jones, 12561 Prescott Place, Farmers Branch Spoke in opposition to how board members were removed, and the need to create a merit selection panel. Michael McGinnis, 13220 Glad Acres, Farmers Branch Spoke in opposition to removal of board members before their term had expired. Joe Potraza, 3510 Chellen Drive, Farmers Branch Spoke in opposition to removal of board members before their term expired. Tony Pham, 2707 Columbus, Grand Prairie, Texas Spoke in opposition to the proposed roster for the Planning and Zoning Commission. Amber Raley, 14521 Cyprus Point Spoke in opposition to the proposed roster changes. Councilmember Merritt and Councilwoman Burton discussed how they did not approve of the appointment process, the message it sends to volunteers, and the need for a merit -based appointment system or other form of appointment process. Mayor Lynne and Mayor Pro Tem Jackson discussed the transparency of the process, the review done by each Council member of each board member and applications received, the ability for more citizens to get involved for a shorter period of time, and review of board and staff resources. City Council Minutes Page 6 June 20, 2023 A motion was made by Councilmember Merritt, seconded by Councilwoman Burton to deny the annual Board, Commission, and Committee appointments for 2023/2024 for the Animal Shelter Advisory Committee, Municipal Drainage Utility System Advisory Committee, Planning and Zoning Commission, Senior Advisory Board, Sustainability Committee, Valwood Improvement Authority, and Zoning Board of Adjustment. The motion failed with the following vote: Aye: 2- Councilmember Merritt and Councilwoman Burton Nay: 3- Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, and Councilmember Baird A motion was made by Mayor Pro Tem Jackson, seconded by Councilmember Baird to approve the annual Board, Commission, and Committee appointments for 2023/2024 for the Animal Shelter Advisory Committee, Municipal Drainage Utility System Advisory Committee, Planning and Zoning Commission, Senior Advisory Board, Sustainability Committee, Valwood Improvement Authority, and Zoning Board of Adjustment. The motion passed with the following vote: Aye: 3 - Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, and Councilmember Baird Nay: 2 — Councilmember Merritt and Councilwoman Burton J.5 (H.8, H.9, H.10 Consent Agenda Items) Consider approving Resolution No. 2023-116 authorizing the City Council to adopt policy changes to the installation of stop signs; and take appropriate action. Consider approving Resolution No. 2023-115 authorizing the City Council to adopt a policy change to the implementation of Traffic Calming petitions, repealing Resolution No. 2000-065 and Resolution No. 2019-018; and take appropriate action. Consider approving Resolution No. 2023-113 authorizing the City Council to adopt a policy change to the Traffic Signal Warrant Study petitions; and take appropriate action. Ryan Sartor, Director of Public Works presented this item discussing the installation of stop signs, the petition process associated with requesting a stop sign, and the application process. Mr. Sartor noted that the policy applies to stop signs only and policies for other traffic related signage were being developed. The City currently has in place a no parking policy. Mr. Sartor discussed how the Police and Fire Departments were involved in the traffic calming request due to the damage that could occur to Police and Fire vehicles. A motion was made by Mayor Pro Tem Jackson, seconded by Councilwoman Burton to approve Resolution No. 2023-116, Resolution No. 2023-115, and Resolution No. 2023-113 as presented. The motion carried by the following vote: Aye: Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, Councilmember Baird, Councilwoman Burton, Councilmember Merritt J.6 (A.7 Study Session Item) Discuss combining the Parks and Recreation Board, Historical Preservation and Restoration Board, and Manske Library Board into one board, consider board structure and appointment of members. City Secretary Stacy Henderson presented this item discussing possible benefits of combining the three boards, proposed board structure, and if the Council would like to move forward with consolidating the boards or maintaining the current status. City Council Minutes Page 7 June 20, 2023 Ms. Henderson answered questions from Council regarding how boards were created, and structure changes were made through ordinance, not the City Charter. Board appointments or removals were made by the Council as a whole, and staff resources related to the amount of time in which City staff liaisons spend at board meetings, research for board projects, responding to inquiries, and creating packets. The following individuals requested to speak on this item. Kristin Hansen, 13223 Challburton, Farmers Branch Spoke in opposition to combining the Parks and Recreation Board, Historical Preservation and Restoration Board and the Library Board, and to allow for approved absences. Rrinkesh Desai, 1753 Hanover Court, Farmers Branch Spoke in opposition to combining the Parks and Recreation Board, Historical Preservation and Restoration Board and the Library Board. Natalie Pocta, 3307 Chadwell, Farmers Branch Spoke in opposition to combining the Parks and Recreation Board, Historical Preservation and Restoration Board and the Library Board. Jessica Zavala, 2869 Millwood, Farmers Branch Spoke in opposition to combining the Parks and Recreation Board, Historical Preservation and Restoration Board and the Library Board and removing board members. Shanda Delgado, 13728 Littlecrest, Farmers Branch Spoke in opposition to combining the Parks and Recreation Board, Historical Preservation and Restoration Board and the Library Board, and a lack of City services. Cristal Retana, 2512 Bill Moses Parkway, Farmers Branch Spoke in opposition to the combination of the three boards, and how the appointment process was conducted. Calcy Root, 3650 Janlyn, Farmers Branch Spoke in opposition to combining the Parks and Recreation Board, Historical Preservation and Restoration Board and the Library Board, and considering other structures for residents with scheduling conflicts. Missy Duers, 14223 Coral Harbour, Farmers Branch Spoke to providing more communication regarding the proposed changes for residents to be better informed. There was no action taken on this item, the Council wanted further time to review and discuss at the next Council meeting on July 11, 2023. K. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION A motion was made by Deputy Mayor Pro Tem Jackson, seconded by Councilwoman Burton, to authorize the City Manager to negotiate and execute on behalf of the City an economic development incentive agreement with Allied Stone to provide: 1) a rebate of 25% of the company's sales taxes paid to the City for six consecutive years conditioned on the company leasing and occupying approximately 25,275 square feet of rentable space on the Stn floor of the building located at 4055 Valley View Lane, Farmers Branch, Texas 75234, for a period of at least six (6) years; 2) the minimum sale of taxable items by Company located in the Cit being not less than $20,000,000; and 3) that the standard City terms and conditions for incentive agreements do apply. The motion carried by the following vote: Aye: Mayor Pro Tem Jackson, Deputy Mayor Pro Tem Roman, Councilmember Baird, Councilwoman Burton, and Councilmember Merritt L. CITIZEN COMMENTS The following individuals spoke during Citizen Comments: City Council Minutes Page 8 June 20, 2023 John Campbell, 1735 Wittington, #2403, Farmers Branch Spoke in favor of providing police and fire salaries that are commensurate with surrounding cities to be competitive. George Broderick, 13531 Rawhide Parkway, Farmers Branch Spoke in opposition to the Pride Day Proclamation. Brenda Broderick, 13531 Rawhide Parkway, Spoke in opposition to the Pride Day Proclamation. Walt Nickel, Dallas resident Spoke in opposition to the Pride Day Proclamation. M. ADJOURNMENT Mayor Lynne adjourned the meeting at 8:51 p.m. Apt Ma, Sig Citi n City Council Minutes page g June 20. 2023