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2015-08-18 CC Minutes1 FARMERS BRANCH Tuesday, August 18, 2015 City of Farmers Branch Meeting Minutes - Final City Council 6:00 PM Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Study Session Meeting held at 4:00 PM in the Study Session Room A. STUDY SESSION Council Chambers Mayor Phelps called the Study Session Meeting to order at 4:00 pm. Presiding: 1 - Mayor Bob Phelps Present: 5 - Mayor Pro Tern 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, Tom Bryson Communications Director, Allison Cook Economic Development Manager, Mitzi Davis Special Projects Manager, Shawna Eikenberry, David Hale Deputy Chief, Sidney Fuller Police Chief, Andy Gillies Director of Community Services, Jeff Harting Parks & Recreation Director, Kevin Muenchow Fleet & Facilities Director, Steve Parker Fire Chief, Mark Samuels Information Services Director, Randy Walhood Public Works Director, Shane Davis Env Services and Solid Waste Manager and Katy Evans Environmental Health Manager A.1 Discuss regular City Council meeting agenda items. H.5 - Deputy Mayor Pro Tern Froehlich asked if this item could be moved to the September 1 City Council meeting; Council Member Reyes asked for the item to be moved up on the Agenda. Council Members reported they had received emails both for and against the project. The applicant was present and stated that due to its construction, the existing building was a good fit for the company. A.2 Discuss the City Manager's balanced budget and organizational funding requests related to the adoption of the Farmers Branch 2015 -16 fiscal year budget. Deputy Mayor Pro Tern Froehlich asked if only $200,000 could be spent in next fiscal year on audio /visual upgrades instead of the requested $400,000. Council Member Bomgardner stated he would like to see more funding for trails and economic development. The general consensus of the City Council was to hold another Budget Work Session on August 31 at 3:00 pm at city hall. If needed, the meeting will continue at 3:00 on Wednesday, September 1. A.3 Receive a presentation on the Citywide Trail Master Plan. City of Farmers Branch Philip Neeley and Elizabeth Mcllrath with Dunaway Associated gave a presentation Page 1 1 City Council Meeting Minutes - Final August 18, 2015 on the Citywide Trail Master Plan. Council Members discussed breaking down the project into phases. After a brief discussion, the consensus of the City Council was for City Administration to have the project broken down into phases with cost estimates, and to discuss further at the August 31 Budget Work Session. A.4 Discuss agenda items for future City Council meetings. Deputy Mayor Pro Tern Froehlich requested a report regarding the code enforcement process. He also asked if the City could determine the number of vacant homes we have in the City and if that information would help with the City's Residential Demolition /Rebuild Program. Council Member Bomgardner asked about an update on Farmers Branch Creek. City Manager Gary D. Greer reported the City has asked for the PAN data but have not received anything to date. Council Member Bomgardner asked if Texas Commission on Environmental Quality (TCEQ) could help with that. Mr. Greer reported City Administration would ask again. Mayor Phelps reported the Closed Session items would be moved up on the agenda and he read the agenda for Closed Session Items J.1 (a) and (b). The Study Session Meeting concluded at 5:27 pm. J. CLOSED SESSION The City Council convened into Closed Session at 5:37 pm. J.1 Discuss land acquisitions - Texas Government Code Section 551.072: (a) Discuss purchase, exchange, sale, lease, or value of real property in the area generally bounded by President George Bush Turnpike, 1 -635, Valwood Parkway /Brookhaven Club Drive, and Marsh Lane. (b) Discuss purchase of the Neil Mallon Estate located at 2710 Farmers Branch Lane. The City Council concluded Closed Session at 5:57 pm. B. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Phelps called the Regular Session Meeting to order at 6:03 pm. Jason O'Quinn gave the Invocation and led the Pledge of Allegiance. C. CEREMONIAL ITEMS CA Recognize the winners of the "Name the Frog" Contest and announce the name for the frog mascot as it pertains to the Farmers Branch Aquatics Center Frog Pond. City of Farmers Branch Miklos Valdez, Aquatics Manager, announced there were three separate entries suggesting the winning name of "Tad ". The Ford Family, Estrada Family and Wilson Family all received a weekend staycation at The DoubleTree by Hilton Dallas Hotel_ They also received a free family day pass with concession credit to the families. Page 2 1 City Council Meeting Minutes - Final C.2 Consider Board and Commission appointments and take appropriate action. August 18, 2015 A motion was made by Council Member Bomgardner, seconded by Deputy Mayor Pro Tem Froehlich, that the following Appointments be approved: Parks and Recreation Board - Mike Hawkins, Jan Wooldridge, Pat Thompson, Peggy Smith, and Barbara Leedy Historical Preservation and Restoration Board - Beth Wood, Gretchen Cash, Elisa "Bitsy" Laney, Kellie Gallop, and KayLynn Lyon Animal Shelter Advisory Committee - Gerald Pendery, Becky Fisher, and Lib Grimmett Tax Increment Financing Reinvestment Zone #1 and #2 - Gary Greer, Pam DeHon, Steve Parker, Joe Dingman, Charles Cox, Mike Bomgardner, and John Norwood Senior Advisory Board - George Neil Thomas, Joe Wallen, Larry Bryant, Lynn Ainsworth (moved to Regular position), and Al Owens (Alternate) Farmers Branch Local Government Corporation - Bob Phelps, Gary D. Greer, Steve Parker, Pam De Hon, and Harold Froehlich Family Advisory Board - Sally Derrick, Mark Heck, Clay Hooten, Ellie Scott (Youth), and Ricky Belt (Youth) Planning and Zoning Commission - Chris Brewer 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 D. REPORT ON STUDY SESSION ITEMS Deputy Mayor Pro Tern Froehlich reported on the following: Budget for Fiscal Year 2015 -2016 - Deputy Mayor Pro Tern Froehlich asked if only $200,000 could be spent in next fiscal year on audio /visual upgrades instead of the requested $400,000. Council Member Bomgardner stated he would like to see more funding for trails and economic development. The general consensus of the City Council was to hold another Budget Work Session on August 31 at 3:00 pm at city hall. If needed, the meeting will continue at 3:00 on Wednesday, September 1. Citywide Trail Master Plan - Philip Neeley and Elizabeth Mcllrath with Dunaway Associated gave a presentation on the Citywide Trail Master Plan. Council Members discussed breaking down the project into phases. After a brief discussion, the consensus of the City Council was for City Administration to have the project broken down ito phases with cost estimates, and to discuss further at the August 31 Budget Work Session. E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST Topics presented for the City Manager's Report included: City of Farmers Branch Page 3 1 City Council Meeting Minutes - Final August 18, 2015 Coffee with a Cop - bring your questions and conversation; to be held on Saturday, August 22 at The Diner located at 3330 Beltline Road, from 9 until 10 am; members of the Farmers Branch Police Department will be on hand to share a cup of coffee and good conversation with Farmers Branch residents Labor Day Closings - most City offices and facilities will be closed on Monday, September 7 in observance of Labor Day; exceptions are the Farmers Branch Historical Park and the Farmers Branch Community Recreation Center, both open from 8 am until 5 pm and the Frog Pond, closing for the season that day, but open from 12 noon until 6 pm Outdoor Movies - we have a slate of three outdoor movies coming up in September, all are free admission: ET: The Extra - Terrestrial - will be shown at the Manske Library amphitheater on Saturday, September 5 Disney's McFarland USA - also scheduled for the Library's amphitheater on Saturday, September 19 Aloha - at the Farmers Branch Historical Park on Saturday, September 26, during Date Night in the Park; featuring the romantic comedy, along with food trucks and live music F. CITIZEN COMMENTS No one wished to speak. G. CONSENT AGENDA Approval of the Consent Agenda A motion by Council Member Norwood, seconded by Deputy Mayor Pro Tem Froehlich, was made to approve the Consent Agenda Items G.1 and G.2. 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 GA Consider approval of minutes of the Town Hall meeting held on July 30, 2015 and the City Council meeting held on August 4, 2015, and take appropriate action. The Minutes were approved. G.2 Consider adopting Ordinance No. 3331 establishing term limits for board and commission members and take appropriate action. This Ordinance was adopted. H. PUBLIC HEARINGS Mayor Phelps reported Agenda Item H.5 would be moved up on the agenda. H.5 Continue the public hearing and consider adopting Ordinance No. City of Farmers Branch Page 4 City Council Meeting Minutes - Final August 18, 2015 3339 granting a Specific Use Permit for an indoor firearms range training facility located at 14202 Proton Road and take appropriate action. Community Services Director Andy Gillies reported the applicant requested to continue the public hearing until September 1, 2015. A motion was made by Deputy Mayor Pro Tem Froehlich, seconded by Mayor Pro Tem Connally, to continue the public hearing until the September 1, 2015 meeting. 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.1 Conduct a public hearing to consider adopting a 60.2267 -cent property tax rate on September 15, 2015, and take appropriate action. Mayor Phelps opened the public hearing. No one wished to speak; Mayor Phelps closed the public hearing. H.2 Conduct a public hearing and consider adopting Ordinance No. 3336 granting a Specific Use Permit for a banquet hall located at 3380 Beltline Road and take appropriate action. Mayor Phelps opened the public hearing. Community Services Director Andy Gillies reported the applicant is proposing to convert a portion of the existing warehouse and office building to a banquet hall. The Specific Use Permit (SUP) application also includes a proposal for a new retail building along the western property line. The applicant, Mr. Jose Luis Cuevas and his wife, was present for the meeting. Council Member Bomgardner asked what were the objections from the surrounding property owners. Mr Gillies reported parking was a concern, and that they wanted to see more auto related businesses rather than entertainment. Mr. Gillies reported due to written opposition of at least 20% of the surrounding property owners, a supermajority vote (4 votes) is required to adopt Ordinance No. 3336. One person spoke: John Wells - 13521 Heartside Mayor Phelps closed the public hearing. A motion was made by Deputy Mayor Pro Tem Froehlich, seconded by Mayor Pro Tem Connally, that this Ordinance be adopted subject to the following two modifications: (a) Requirement that off -duty officers shall be hired if anticipated attendance will be equal to or greater than fifty (50) but less than one hundred (100); and at least two (2) officers be hired if anticipated attendance will be equal to or greater than one hundred (100) people (b) Valet parking for parking vehicles at an offsite location shall be required for events having an anticipated attendance equal to or greater than one hundred (100) people The motion carried by the following vote: City of Farmers Branch Page 5 City Council Meeting Minutes - Final August 18, 2015 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 adopting Ordinance No. 3337 granting a Specific Use Permit for outside sales and storage located at 12895 Josey Lane and take appropriate action. Mayor Phelps opened the public hearing. Mr. Gillies reported the applicant, Westlake Ace Hardware, has proposed a permanent and seasonal outside sales area in the front parking area, facing Josey Lane, reorganized sidewalk sales adjacent to the existing retail store and an outside storage area at the rear parking area (west of the store). No one wished to speak. A motion was made by Mayor Pro Tem Connally, seconded by Council Member Norwood, to close the public hearing and that this Ordinance be adopted. 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.4 Conduct a public hearing and consider adopting Ordinance No. 3338 granting a Specific Use Permit for a 34 -unit town home development located at 4060 Spring Valley Road and take appropriate action. Mr. Gillies reported the property owner requested to postpone the case until September 15, 2015. A motion was made by Mayor Pro Tem Connally, seconded by Council Member Reyes, to continue the public hearing until September 15, 2015. 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 I. REGULAR AGENDA ITEMS 1.1 Presentation and overview on body worn cameras utilized by law enforcement. Deputy Chief Hale provided an overview on body worn camera technology and their use in law enforcement. 1.2 Consider approving Resolution No. 2015 -073 authorizing execution of a Residential Demolition /Rebuild Program Incentive Agreement for the owner of the property located at 2636 Leta Mae Lane and take appropriate action. Economic Development Manager Allison Cook reported the current improvement value is approximately $23,280 and the estimated value of the new dwelling will be $275,000. A motion was made by Council Member Bomgardner, seconded by Council City of Farmers Branch Page 6 1 City Council Meeting Minutes - Final August 18, 2015 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 1.3 Consider approving Resolution No. 2015 -075 authorizing execution of a Residential Demolition /Rebuild Program Incentive Agreement for the owner of the property located at 12718 Epps Field and take appropriate action. Ms. Cook reported the current improvement value is approximately $24,520 and the estimated value of the new dwelling will be $250,000. 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 1.4 Consider approving Resolution No. 2015 -076 approving Economic Development Incentives pursuant to the Commercial Facade Grant Program for 2561 Valley View Lane and take appropriate action. Ms. Cook reported the proposed building project is $33,496.95. For the previous nine grants requested, 10% of the proposed building project has been approved by City Council. The applicant is requesting $16,748.47. Ten percent of the proposed building project is be $3,349.00. A motion was made by Council Member Reyes, seconded by Deputy Mayor Pro Tern Froehlich, that the Resolution be approved, subject to modifying the funding to reflect 10% of the proposed building project. 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 1.5 Consider approving Resolution No. 2015 -074 ratifying payments to Schneider Electric Company and other vendors for the repairs of the Wicker 2 Pump Station, resulting from fire related damages, 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 City of Farmers Branch Page 7 City Council Meeting Minutes - Final August 18, 2015 Mayor Phelps announced City Council had not finished discussion of earlier Closed Session agenda items. The City Council reconvened Closed Session at 8:25 pm. The City Council concluded Closed Session at 9:37 pm. K. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED SESSION The City Council reconvened into Open Session at 9:37 pm. No action was taken relating to Agenda Item JA(b). The following motion was made relating to Agenda Item J.1 (a): Motion by Council Member Reyes, seconded by Council Member Norwood, having received the report of the City's Building Official, that the building at 14055 Rawhide Parkway be declared a dangerous structure and that the City Manager be authorized to take such action on behalf of the City as may be reasonable and necessary to purchase Lot 41, Block 12, Valwood Addition, an addition to the City of Farmers Branch, Dallas County, Texas, for a purchase price not to exceed $106,000 plus standard closing and acquisition costs and authorize the City Manager to sign, such other agreements, documents, and any amendments thereto, as the City Manager, in consultation with the City Attorney, deems reasonable and necessary with respect to the closing of said transaction. The motion passed with all ayes. L. ADJOURNMENT A motion was made by Deputy Mayor Pro Tern Froehlich, 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 The Mee adjourn e at 9:37 pm. Bob Phelps, Mayor ATTEST: n Angela Kelly, City Secretary City of Farmers Branch Page 8