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2015-06-16 CC Minutes City of Farmers Branch Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch,Texas 75234 FARMERS Meeting Minutes - Final BRANCH Farmers Council Tuesday,June 16,2015 6:00 PM Council Chambers Study Session Meeting held at 4:00 PM in the Study Session Room A. STUDY SESSION Mayor Phelps called the Study Session meeting to order at 4:02 pm. Presiding: 1 - Mayor Bob Phelps Present: 5- Mayor Pro Tem Kirk Connally, Deputy Mayor Pro Tern Harold Froehlich, Council Member Ana Reyes,Council Member John Norwood and Council Member Mike Bomgardner Staff: 19- Gary D. Greer City Manager,Charles Cox Managing Director- Administration, John Land Managing Director-Operations, Peter G. Smith City Attorney, Brian Beasley Human Resources Director,Torn Bryson Communications Director, Shawna Eikenberry Management Analyst, Sidney Fuller Police Chief,Andy Gillies Director of Community Services, Jeff Harting Parks& Recreation Director, Mitzi Davis Special Projects Manager, Kevin Muenchow Fleet&Facilities Director, Steve Parker Fire Chief, Randy Walhood Public Works Director, Shane Davis Env Services and Solid Waste Manager, Derrick Birdsall Historical Park Superintendent, Katy Evans Environmental Health Manager,Angela Kelly City Secretary and LaJeana Thomas Executive Assistant A.1 Discuss regular City Council meeting agenda items. Deputy Mayor Pro Tern Froehlich requested holding Closed Session with the City Attorney regarding Agenda Item 1.3. A.2 Review of June 5, 2015 City Council Retreat to receive feedback from City Council. The general consensus of the City Council was to have three retreats: one to be held in January, another after the general election, and a final one in the Fall. A.3 Discuss Education Center Project as requested by Historical Preservation and Restoration Board Chair Marjorie Cutler. Historical Preservation and Restoration Board Chair Marjorie Cutler asked the City Council to reconsider tabling the Education Center. The following people spoke: Roger McKemie Scott Ames Luanne Cross Dave Blair Mitzi Laney Council Member Bomgardner stated there should be a comprehensive plan that City of Farmers Branch Page 1 City Council Meeting Minutes-Final June 16,2015 includes advertising options, a schedule of events, and operation costs. A.4 Receive an update on the Fire House Theatre Project. Kevin Muenchow, Fleet& Facilities Management Director, presented a brief history of the facility located at 2535 Valley View Lane. He also provided the$153,710 cost estimate provided by the Fire House Theatre versus the$343,463 cost estimate received by staff. A.5 Discuss procedure concerning Board and Commission appointments. The City Secretary reported on the uniform term year for board positions and the process and tools available to City Council for appointments. A.6 Discuss agenda items for future city council meetings. No items were discussed. Mayor Phelps read the Agenda for Item 1.3 and reported the City Council would be convening into Closed Session for consultation with the City Attorney regarding this item. The Study Session Meeting ended at 5:28 pm and City Council took a short recess. The City Council convened into Closed Session at 5:40 pm and concluded Closed Session at 5:55 pm. B. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Phelps called the Regular Meeting to order at 6:02 pm. Father Michael gave the Invocation and Council Member Reyes led the Pledge of Allegiance. C. CEREMONIAL ITEMS C.1 Consider Board and Commission appointments and take appropriate action. City Council tabled this item until the July 14, 2015 meeting. D. REPORT ON STUDY SESSION ITEMS Council Member Bomgardner reported on the following: Review of June 5, 2015 City Council Retreat-The general consensus of the City Council was to have three retreats; Retreats will be held in January, after the general election, and another in the Fall Education Center Project-Historical Preservation and Restoration Board Chair Marjorie Cutler asked the City Council to reconsider tabling the Education Center; Several Board members and the public also spoke; Council Member Bomgardner stated there should be a comprehensive plan that includes advertising options, a schedule of events, and operation costs Fire House Theatre Project-City Administration presented a brief history of the City of Farmers Branch Page 2 City Council Meeting Minutes-Final June 16,2015 facility located at 2535 Valley View Lane; He also provided the$153,710 cost estimate provided by the Fire House Theatre versus the$343,463 cost estimate received by staff Procedure for Board/Commission Appointments-City Administration reported on the uniform term year for board positions and the process and tools available to City Council for appointments E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST Topics for the City Manager's Report included: Tastes&Tunes-to be held in June,July and August at The Grove located at Mustang Crossing (the stand of oak trees on the southeast corner of Bill Moses Parkway and Denton Drive, adjacent to the DART Light Rail Station);this Thursday, June 18,The Beatles cover band"Hard Night's Day"will perform; on Thursday,July 16, "The Bad Monkeys"will come to town;the series finishes up on August 14 with "Live 80" Independence Day Celebration-gates at the Farmers Branch Historical Park will open at 6:30 pm on Friday,July 3; there will be a concert from the band InsideOut, Uncle Willie's Pie Eating Contest, and the traditional fireworks show to close out the evening; admission and parking are free Holiday Closings-as the Fourth of July falls on a Saturday this year, most City offices and facilities will be closed on Friday,July 3;there will be no garbage collection and the Citizen Collection Center will be closed;through the holiday weekend the Historical Park, Community Recreation Center, Margaret Young Natatorium and Frog Pond will be open special hours Town Hall Meeting-to be held on Thursday,July 30 at 7:00 pm at City Hall on the topic of recycling; recycling is coming March 1 of next year so be sure to attend the Town Hall Meeting to find out all about it F. CITIZEN COMMENTS The following people spoke: Rick Loughry-announced the second annual Sizzlin'Summer Car Show to be held on July 11 from 8:00 am to 12 noon at the Valwood Park Baptist Church;this is a fundraiser to help with school supplies for children in the local Carrollton-Farmers Branch ISD Schools;the event is open to the public Mike Del Valle-invited everyone to attend a Friends of the Branch social on June 28 from 11-4 at Temple Trails Park; proceeds to benefit Metrocrest Social Services; free hot dog lunch will be provided G. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Mayor Pro Tem Connally,seconded by Council Member Reyes,to approve the Consent Agenda Items G.1 through G.4.The motion carried by the following vote: Aye: 5- Mayor Pro Tem Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner City of Farmers Branch Page 3 City Council Meeting Minutes-Final June 16,2015 G.1 Consider approval of minutes of the City Council meeting held on May 19, 2015, and take appropriate action. The Minutes were approved. G.2 Consider approving Resolution No. 2015-043 relating to the appointment of an Alternate Municipal Court Judge for the City of Farmers Branch and take appropriate action. This Resolution was approved. G.3 Consider approving Resolution No. 2015-054 awarding a contract to Consolidated Traffic Control, Inc. for the purchase and installation of 3 Rapid Flash Crosswalk Systems and take appropriate action. This Resolution was approved. G.4 Consider approving Resolution No. 2015-058 authorizing the purchase, installation and maintenance of a Fire Station Alerting System from US Digital Designs through the City's Cooperative Purchasing Agreement with the Local Government Purchasing Cooperative "Buy Board" to allow the Fire Department to connect into the North Texas Emergency Communications Center dispatching system, and take appropriate action. This Resolution was approved. H. PUBLIC HEARINGS H.1 Conduct a public hearing and consider adopting Ordinance No. 3326 amending Planned Development No. 88 (PD-88) by changing an approximate 6.105 acre tract of land from the "Commerce District" to the "Urban Center", adopting a conceptual Site Plan, granting a Specific Use Permit for hotel use, and take appropriate action. This site is located approximately 100 feet south of the southwest corner of Mercer Parkway and Luna Road, also known as 12101 and 12301 Luna Road. Mayor Phelps opened the public hearing. Community Services Director Andy Gillies reported the applicant is proposing to develop a new high density mixed-use community on a 6.1 acre site. The community will include a five story multi-family residential building with approximately 20,000 square feet of retail lease space on the ground floor, and an internal multi-level parking structure. A five story full service hotel is also proposed on the southern portion of this tract. No one wished to speak; Mayor Phelps closed the public hearing. Talim Song, a representative of the applicant,was present for the meeting. Roderick Park and Wyatt Greene were also in attendance with a sample of the proposed Hebei Panel. City of Farmers Branch Page 4 City Council Meeting Minutes-Final June 16,2015 A motion was made by Mayor Pro Tern Connally,seconded by Council Member Bomgardner,that this Ordinance be adopted.The motion carried by the following vote: Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner H.2 Conduct a public hearing and consider a request for final plat approval of Corporate Center 35, Lots 1 and 2, Block A, approving Resolution No. 2015-036 authorizing the City Manager to execute a Developer's Contract with Prologis L.P., and take appropriate action. Mayor Phelps opened the public hearing. Mr. Gillies reported the owner wishes to re-plat the property as Corporate Center 35, Lots 1 and 2, Block A, addressed as 12401 and 12301 Stemmons Freeway, respectively. No one wished to speak; Mayor Phelps closed the public hearing. A motion was made by Deputy Mayor Pro Tern Froehlich,seconded by Council Member Norwood,that this Resolution be approved.The motion carried by the following vote: Aye: 5- Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner H.3 Conduct a public hearing and consider a request for final plat approval of Mercer Crossing South, Lot 2R, Block A, a re-plat of Lot 2, Block A, Mercer Crossing South, and take appropriate action. Mayor Phelps opened the public hearing. Mr. Gilllies reported the owners of the property are required to re-plat their property as Lot 2R, Block A, Mercer Crossing South for the purpose of dedicating easements that are necessary for public utilities and public access in second phase of the development. No one wished to speak; Mayor Phelps closed the public hearing. A motion was made by Council Member Norwood,seconded by Council Member Bomgardner,that this Replat be approved.The motion carried by the following vote: Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner REGULAR AGENDA ITEMS 1.1 Receive a presentation from the National Weather Service regarding the May 24, 2015 severe weather event that affected the City of Farmers Branch. Mark Fox from the National Weather Service reported on the EF-1 Tornado that impacted the City on May 24. 2015. He stated the warning area did not include Farmers Branch as there was no indication there was potential for a tornado, only that the City was in the path for a heavy rain event. He reported procedures were carried out correctly in Farmers Branch. City of Farmers Branch Page 5 City Council Meeting Minutes-Final June 16,2015 Deputy Mayor Pro Tern Froehlich asked Fire Chief Steve Parker to go over the procedure for testing outdoor warning sirens. Chief Parker reported they are tested on the first Wednesday of each month at 1:00 pm. He also added that outdoor warning sirens are designed to notify people that are outdoors and recommended the use of a weather radio,television, or smart phone for indoor warnings. 1.2 Receive a presentation from Lisa Rigby regarding services offered by Metrocrest Community Clinic. Lisa Rigsby, Executive Director for the Metrocrest Community Clinic, reported on the history of the clinic,their staff,their mission and services offered. Ms. Rigsby reported people from Addison, Carrollton, Farmers Branch,Coppell, and the surrounding area are seen at the clinic. 1.3 Discuss donation from Brenda Brodrick of a Layhou Lam Nativity display for use at the Historical Park during the Christmas Tour of Lights and take appropriate action. Brenda Brodrick reported the display is approximately three feet tall and requested the City Council not table the item. She also reported if Council accepted the donation or had concerns about legal ramifications, Liberty Counsel is available for free legal representation for cities. The following people spoke: Reverend Michael Forge-2800 Valwood Parkway George Brodrick- 13531 Rawhide Rick Loughry-2331 Aberdeen Al Solis-13243 Glenside Wanda Ferguson-13210 Veronica Vincent Gonzales-13534 Heartside Rocky Byers-2436 Valley View Lane Mick Austin-13531 Heartside The City Council expressed concern regarding potential legal issues that could arise. A motion was made by Mayor Pro Tern Connally,seconded by Deputy Mayor Pro Tern Froehlich,that this Donation be tabled.The motion carried by the following vote: Aye: 5- Mayor Pro Tem Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner 1.4 Consider approving Resolution No. 2015-057 authorizing execution of a Residential Demolition/Rebuild Program Incentive Agreement for the owner of the property located at 3127 Pebble Beach Drive and take appropriate action. Managing Director John Land reported the current improvement value is approximately$98,880 and the estimated value of the new dwelling will be$546,000. David Cook from Taco Properties reported breaking ground would happen within the next 60 days. A motion was made by Council Member Reyes,seconded by Mayor Pro Tern Connally,that this Resolution be approved.The motion carried by the following vote: City of Farmers Branch Page 6 City Council Meeting Minutes-Final June 16,2015 Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner 1.5 Consider approving Resolution No. 2015-055 awarding a contract with Shirley and Sons Construction Company for the Mallon Park and Winn Park Lake Dredging project and take appropriate action. Public Works Director Randy Walhood reported the proposed project involves dredging the lakes and restoring the ponds. A motion was made by Deputy Mayor Pro Tern Froehlich,seconded by Mayor Pro Tern Connally,that this Resolution be approved.The motion carried by the following vote: Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner 1.6 Consider approving Resolution No. 2015-056 authorizing acceptance of the Department of Homeland Security FY 2014 Assistance to Firefighters Grant#EMW-2014-FO-00460 in the amount of$223,773 for the purchase of Self Contained Breathing Apparatus, and take appropriate action. A motion was made by Council Member Norwood,seconded by Council Member Bomgardner,that this Resolution be approved.The motion carried by the following vote: Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner 1.7 Consider approving Resolution No. 2015-042 authorizing a License Agreement with the Farmers Branch Community Theatre, Inc, d/b/a The Firehouse Theatre,for use of property located at 2535 Valley View Lane; authorizing termination of prior agreements with the Farmers Branch Community Theatre, Inc.; and take appropriate action. City Manager Gary Greer presented a brief history of the facility and the relationship the City has with The Firehouse Theatre. Council Member Bomgardner asked if the current location is the right building to invest in and the right place for the theatre. David Moore, representing The Firehouse Theatre, replied it is for today,or the next 4-5 years, and reported ticket sales have increased while at the location. He also added the building is historic and the way the building has been transformed is a unique and comfortable environment,with available storage space. He reported the theatre has worked out an arrangement with the church across the street and the manager of the businesses property next door for additional parking. The following person spoke: Vernon Smith-2715 Bay Meadows Circle Council Member Bomgardner suggested a section be added to the agreement for The Firehouse Theatre to provide a quarterly or semi-annual report/update to monitor progress. City of Farmers Branch Page 7 City Council Meeting Minutes-Final June 16,2015 A motion was made by Deputy Mayor Pro Tem Froehlich,seconded by Council Member Norwood,that this Resolution be approved.The motion carried by the following vote: Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes,Council Member Norwood and Council Member Bomgardner Mayor Phelps read the Agenda for Items J.1 and J.2. City Council recessed at 8:57 pm. J. CLOSED SESSION The City Council convened into Closed Session at 9:08 pm. J.1 Discuss pending and contemplated litigation -Texas Government Code Section 551.071: Consultation with the City's attorneys regarding contemplated and pending litigation and/or administrative proceedings relating to the City's application for Municipal Solid Waste Permit No. 1312B pending before the Texas Commission on Environmental Quality: and City of Carrollton v.Texas Commission on Environmental Quality et al, Cause No. D-1-GN-14-004356, 353rd Judicial District Court, Travis County,Texas J.2 Discuss land acquisitions -Texas Government Code Section 551.072: Discuss purchase, exchange, sale, lease, or value of real property in the area generally bounded by IH-35,Webb Chapel, 1-635, and Valwood Parkway/Brookhaven Club Drive. The City Council concluded Closed Session at 10:15 pm. K. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED SESSION The City Council reconvened into Regular Session at 10:17 pm. No action was taken resulting from Closed Session. L. ADJOURNMENT A motion was made by Council Member Norwood,seconded by Council Member Bomgardner,that this Meeting be adjourned.The motion carried by the following vote: Aye: 5- Mayor Pro Tern Connally, Deputy Mayor Pro Tern Froehlich, Council Member Reyes,Council Member Norwood and Council Member Bomgardner City of Farmers Branch Page 8 City Council Meeting Minutes-Final June 16,2015 The Meeting adjourned at 10:17 pm. a-c-(Ze , Bob Phelps, Mayor fr ATTEST: Angela Kell City Secretary City of Farmers Branch Page 9