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2012-07-17 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, July 17, 2012 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers Study Session was called to order by Mayor Glancy at 4:01 p.m. with the following members of the City Council present: Mayor Mayor Pro Tem Deputy Mayor Pro Tern Councilmembers William P. Glancy David Koch Tim Scott Ben Robinson Harold Froehlich Jeff Fuller The following members of the Administration were present: City Manager Gary D. Greer Assistant City Manager Shanna Sims - Bradish Assistant City Manager Matt Benoit City Attorney Pete Smith City Secretary Angela Kelly Fire Chief Steve Parker Police Chief Sid Fuller Director of Parks and Recreation Jeff Harting Director of Public Works Mark Pavageaux Director of Economic Development & Tourism John Land Communications Director Tom Bryson Director of Planning & Zoning Andy Gillies Director of Information Services Mark Samuels Finance Director Charles Cox Library Director Belinda Jacks Director of Equipment Services Kevin Muenchow Assistant to the City Manager Rachael Johnson Building Official Jim Olk Landfill Administrator Shane Davis City Engineer Randy Walhood Special Projects Manager Meredith Dowdy And with a quorum present, the following items were addressed: City Council Minutes —July 17, 2012 Page 1 of 8 STUDY SESSION A.1 Discuss regular City Council meeting agenda items. CA - Councilmember Fuller asked if the bid included holiday lighting for the new General Store at the Historical Park and the Justice Center. Jeff Harting, Director of Parks and Recreation stated lighting was included for the General Store; bids had been received in the past to include the Justice Center, however due to the cost it was never included in the project. Mayor Glancy asked why the highest bidder had been chosen for the project. Meredith Dowdy, Special Projects Manager stated Kevin Schaded Lighting was chosen because the company received the averaged highest score based on an Evaluation Matrix (scores were based on photographs of work, reference checks and prior work with the City). C.2 - Councilmember Froehlich asked if the proposed site would provide the City with enough storage space throughout the term of the lease. Charles Cox, Finance Director stated the space would meet the needs of the City. He also reported the proposed storage site is the best option based on availability and need requirements of the City. D.2 — Councilmember Fuller and Deputy Mayor Pro Tern Scott asked for clarification regarding this item. Andy Gillies, Director of Planning & Zoning stated Metroplex Garden Design (MGD) plans to consolidate all of their business operations to the proposed site, which will include extensive building renovations and lush landscaping. A.2 Receive a briefing on Liberty Fest 2012. Ms. Dowdy presented an overview of Liberty Fest. She also presented a summary of expenses and revenues for the event. Approximately 19,000 people attended the event over Friday and Saturday; an estimated 15,000 attended the concert. There were 143 hotel rooms booked for the event. Financials for the event are as follows: Liberty Fest Expenses $371,771.96 Liberty Fest Staff & Equipment Costs $186,893.14 Liberty Fest Revenues $195,304.57 The event will be discussed further during the budget process. A.3 Discuss sponsorship of opening ceremonies for the Dallas International Girls Cup. Mayor Pro Tern Koch stated the Dallas Texans host the Dallas International Girls Cup soccer tournament in Farmers Branch. Due to space limitations the International Girls Cup Opening Ceremony has been held at SMU's McFarlin Auditorium. There has been interest in finding a way to move these ceremonies to Farmers Branch, with the Historical Park being the likely location. Paul Stewart, President of the Dallas Texans, was present for the meeting. John Land, Director of Economic Development & Tourism indicated that while the Texans are contractually required to generate room nights as part of their City Council Minutes — July 17, 2012 Page 2 of 8 ground lease, his department provides $4,000 in cash incentives to assist with the execution of this event. He reported hosting the opening ceremonies at the Historical Park would cost an additional $12,000 - $16,000 depending on the scope of the event. There are no funds identified for this activity and the Hotel /Motel Reserve Fund is already at its minimal allowable balance. After discussion regarding room nights and revenue generated from this event, the City Council will discuss this further during the budget process. Gary Greer, City Manager, suggested submittal of a business plan from the Texans. A.4 Discussion of items to be placed on a future City Council meeting agenda (discussion is limited to determination of whether to place an item on a future City Council meeting agenda). Discussion of a recycling program will be discussed at the August 21 City Council meeting. A.5 Receive information regarding charter schools and the City's relationship with charter schools and seek Council direction. Councilmember Robinson asked if a 380 agreement could be entered into with a charter school. Pete Smith, City Attorney stated a city could enter into such an agreement. Councilmember Robinson said he favors having multiple educational opportunities available for the families in Farmers Branch. After some discussion, Mayor Glancy and City Manager Gary Greer will meet with member(s) of the local charter school to learn about the school's future plans and goals, enrollment numbers, and needs. The Study Session Meeting concluded at 5:33 p.m. EXECUTIVE SESSION The City Council convened into Executive Session at 5:40 p.m. F.1 Discuss land acquisitions - Texas Government Code Section 551.072. (a) Discuss acquisition of real property in the City of Farmers Branch for a new service center. The City Council concluded Executive Session at 6:00 p.m. REGULAR MEETING The Regular Meeting was called to order by Mayor Glancy at 6:04 p.m. B.1 Invocation and Pledge of Allegiance. Deputy Mayor Pro Tem Scott gave the Invocation and Councilmember Froehlich led the Pledge of Allegiance. City Council Minutes — July 17, 2012 Page 3 of 8 B.2 Present TAMI Awards received at Texas Association of Municipal Information Officers ( TAMIO) annual meeting in Round Rock, Texas. Mayor Glancy announced Farmers Branch was the recipient of three top awards at the TAMIO annual conference held recently. The "Love the Branch" marketing program took the TAMI award in the Marketing Plan category. The opening of the John F. Burke Nature Preserve received top honors in the Best One -Time Special Event competition. The City's a -news magazine "Branch Bulletin" was honored as best in Texas for the second consecutive year. B.3 Consider Board and Commission appointments and take appropriate action. Mayor Glancy encouraged anyone interested in serving on the Family Advisory Board to submit an application and background check consent form. No action was taken on this item. B.4 Report on items of Community Interest. Pursuant to Section 551.0415 of the Texas Government Code the City Council may report on the following items: 1.) expression of thanks, congratulations or condolences, 2.) information about holiday schedules, 3.) recognition of individuals, 4.) reminders about upcoming city events, 5.) information about community events and 6.) announcements involving an imminent threat to public health and safety. Mayor Glancy announced a meeting of the Hispanic Chamber of Commerce on Wednesday, July 18, at 11:30 a.m. at the Victoria Restaurant. Mr. Greer presented the City Manager's Report. Councilmember Froehlich announced ground had been broken at Mustang Crossing on the mixed use development. He also reported a grand re- opening of the Wendy's located at Midway and LBJ Freeway will be held next Monday at 10:00 a.m. B.5 Report on Study Session items. Mayor Pro Tern Koch reported on items discussed in Study Session: • Liberty Fest 2012 — staff presented an overview of the event along with a summary of expenses and revenue; approximately 19,000 people attended the event over Friday and Saturday; an estimated 15,000 attended the concert. • Opening Ceremonies for Dallas International Girls Cup — this is the third year for the tournament and the City is looking at moving the International Girls Cup Opening Ceremony to the Historical Park • Charter Schools - The Mayor and City Manager will meet with member(s) of the local charter school to learn about the school's vision and to explore the City's relationship with the school. City Council Minutes — July 17, 2012 Page 4 of 8 CONSENT AGENDA Mayor Pro Tem Koch pulled Agenda Item CA for further discussion. C.1 Consider approval of minutes of the City Council meeting of June 19, 2012, and Special Joint City Council and Planning & Zoning Commission meeting of June 26, 2012. C.2 Consider adopting Resolution No. 2012 -037 authorizing the City Manager to execute a commercial lease agreement for warehouse storage facility at 4350 Beltwood Parkway North in Farmers Branch and take appropriate action. C.3 Consider adopting Resolution No. 2012 -049 authorizing the City Manager to approve the purchase of one replacement backhoe loader for the Public Work Streets Division in the total amount of $108,175 and take appropriate action. C.5 Consider adopting Resolution No. 2012 -051 amending the Council Communications Policy related to the use of City- provided communications equipment for official public business to provide for advancements in technology and take appropriate action. Motion by Mayor Pro Tem Koch to approve Consent Agenda Items C.1, C.2, C.3, and C.5 as presented; motion seconded by Councilmember Froehlich. Motion passed with all ayes. CA Consider adopting Resolution No. 2012 -050 awarding the bid for the holiday lighting installation, maintenance, and removal to Kevin Schaded Lighting in an amount of $58,000 and take appropriate action. Antonio Garcia, The Christmas Light Company, asked for an explanation of the point system that was used in the Evaluation Matrix. Ms. Dowdy stated photographs of work, reference checks and prior work with the City were used to score all three vendors. Overall, the staff committee was not happy with the look of work done previously for the City by The Christmas Light Company. When scores were calculated Kevin Schaded Lighting received the averaged highest score based on the Evaluation Matrix. Kevin Schaded Lighting has worked for the City in the past and has a proven positive performance history. Motion by Mayor Pro Tem Koch to adopt Resolution No. 2012 -050; motion seconded by Councilmember Froehlich. Motion passed with all ayes. PUBLIC SESSION D.1 Public Hearing: Consider adopting Ordinance No. 3189 amending a 3 -year Specific Use Permit - Interim Use for an indoor cricket and baseball batting practice facility City Council Minutes — July 17, 2012 Page 5 of 8 located at 2435 Squire Place, Suites 600 -700, within Planned Development No. 70 General Business Subdistrict (PD- 70 -GB) and take appropriate action. Mayor Glancy opened the public hearing. Andy Gillies, Planning and Zoning Director stated the existing three (3) year interim SUP expires in November, 2012. The applicant has negotiated a lease contract for a larger suite and wishes to add an indoor cricket or baseball practice facility. The applicant was present for the meeting. No one from the public wished to speak; Mayor Glancy closed the public hearing. Motion by Deputy Mayor Pro Tem Scott to adopt Ordinance No. 3189; motion seconded by Mayor Pro Tem Koch. Motion passed with all ayes. D.2 Public Hearing: Consider adopting Ordinance No. 3193 for a Specific Use Permit allowing limited outdoor storage as defined on the associated Site Plan and located at 1925 Valley View Lane, within Planned Development No. 88 (PD -88) zoning district, and take appropriate action. This request includes two Special Exceptions. Mayor Glancy opened the public hearing. Mr. Gillies reported Metroplex Garden Design is proposing to relocate all of their business operations to this centralized location in Farmers Branch. The applicant was present for the meeting. No one from the public wished to speak. Mayor Glancy closed the public hearing. Motion by Councilmember Robinson to adopt Ordinance No. 3193; motion seconded by Councilmember Fuller. Motion passed with all ayes. D.3 Public Hearing: Consider adopting Ordinance No. 3190 amending Planned Development No. 88 (PD -88) in order to establish a new Mid - Density Residential subdistrict, a new Regulating Plan, and specific development standards for the 17.44 acre site located 200 feet south of LBJ Freeway on the east side of Luna Road (11700 Luna Road), and take appropriate action. In addition, consider adopting Resolution 2012 -052 approving the Conceptual Site Plan for the proposed development of approximately 513 multi- family dwelling units. Mayor Glancy opened the public hearing. Mr. Gillies stated the project would be completed in two (2) phases. Brian Moore, representing Good, Fulton & Ferrell Planning Group, discussed the proposed amendment to PD -88 allowing for retail and multifamily uses. Matt Harris, Provident Realty Advisors, gave a presentation relating to other Provident properties in the surrounding DFW area and their amenities. Motion by Mayor Pro Tem Koch to adopt Ordinance No. 3190 and Resolution No 2012- 052; motion seconded by Deputy Mayor Pro Tem Scott. Motion passed with all ayes. No items. REGULAR AGENDA ITEMS City Council Minutes — July 17, 2012 Page 6 of 8 The City Council concluded Regular Session at 7:45 p.m. EXECUTIVE SESSION The City Council convened into Execution Session at 7:55 p.m. F.1 Discuss land acquisitions - Texas Government Code Section 551.072. (a) Discuss acquisition of real property in the City of Farmers Branch for a new service center. (b) Discuss purchase, exchange, lease, sale, or value of real property in the following area: for the area generally bounded by the Dallas North Tollway, Valwood Parkway and Belt Line Road, I -635 and President George Bush Tollway for possible entertainment venue. F.2 Discuss pending and contemplated litigation - Texas Government Code Section 551.071. (a) Pending litigation relating to Villas at Partners d /b /a Villas at Parkside, et. al. v The City of Farmers Branch, Texas, Case No. 10 -10751 in the United States Court of Appeals for the Fifth Circuit. (b) Pending litigation relating to Ramos v The City of Farmers Branch, Texas, et. al, Case Nos. 06- 12227; 07 -04936 and 08- 01277, 116th Judicial District Court, Dallas, County, Texas. (c) Pending litigation relating to Fabela, et. al. v City of Farmers Branch, et. al., Civil Action No. 3:10 -CV- 1425 -D in the U.S. Dist. Ct. for the Northern District of Texas (Dallas Division). (d) Potential litigation relating to Camelot Landfill expansion. (e) Potential litigation concerning the collection of delinquent hotel occupancy taxes assessed by the City. The City Council concluded Executive Session at 9:52 p.m. THE COUNCIL RECONVENES INTO OPEN SESSION. The City Council reconvened into Regular Session at 9:52 p.m. G.1 Consider necessary action on items discussed in the Executive Session. The following motion was made relating to Agenda Item F.1(b): Motion by Deputy Mayor Pro Tem Scott authorizing the City Manager to negotiate and sign on behalf of the City a ground lease for a 22.96=L acres of land, out of the James F. Chenoeth Survey, Abstract No. 267, Dallas County, Texas, with TB GP, LLC, a Texas City Council Minutes — July 17, 2012 Page 7 of 8 Limited liability company or its affiliated entities for the purpose of use and development as a first class baseball venue, including 4 baseball fields, and related recreational, retail, office, parking and food service facilities, with the following general terms: an initial lease term of twenty (20) years, one renewal term of ten (10) years; an option to purchase the property at fair market value at the end of the twenty (20) year term, base rent of $50, 000 per year, base rent for first ten (10) years will be offset with tenant finish out allowance to offset costs of preparation of the site for a baseball village venue consisting of sales tax sharing of 100% of sales tax receipts from the operation of the baseball village applied as a credit against base rent, and $5.00 fee credit for each hotel room night attributed to hosted activity at the baseball village, tenant will have right subject to necessary permits to have one LED HD marquee sign (including city air time), tenant may sell alcoholic beverages if obtained a special use permit and the necessary state permits, rent begins on planned opening date of May 1, 2013. The City Manager is further authorized to sign such other agreements, documents, and any amendments thereto, as the City Manger, in consultation with the City Attorney, deems reasonable and necessary to carry out the City's obligations with respect to such lease. Motion seconded by Councilmember Robinson. Motion passed with all ayes. No action was taken on Agenda Items F.1(a), F.2(a -e). G.2 Adjournment. Motion by Mayor Pro Tem Koch to adjourn; motion seconded by Councilmember Robinson. Motion passed with all ayes. The meeting adjourned at 9:54 p.m. A f1F. William P. Glancy, Mayor ATTEST: Angela elly, City Secretary City Council Minutes — July 17, 2012 Page 8 of 8