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2015-09-15 CC Minutes1 1 1 City Council 0- FARMERS BRANCH Meeting Minutes September 15, 2015 City of Farmers Branch Meeting Minutes City Council Farmers Branch City Hail 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Tuesday, September 15, 2015 Study Session Meeting held at 4:00 p.m. in the Study Session Room Presiding: 1 - Mayor Bob Phelps Present: 5 - Mayor Pro Tem Kirk Connally, Deputy Mayor Pro Tem Harold Froehlich, Council Member Ana Reyes, Council Member John Norwood, Council Member Mike Bomgardner Staff: 23 - Gary D. Greer City Manager, Charles Cox Managing Director Administration, John Land Managing Director Operations, Pete Smith City Attorney, Brian Beasley Human Resource Director, Tom Bryson Communications Director, Allison Cook, Economic Development Manager, Mitzi Davis Special Projects Manager, Shawna Eikenberry Management Analyst, David Hale Deputy Chief, Sidney Fuller Police Chief, Andy Gillies Director of Community. Services, Jeff Harting Parks & Recreation Director, Steve Parker Fire Chief, Mark Samuels Information Services Director, Randy Walhood Public Works Director, Shane Davis Environmental Services and Solid Waste Manager, Wimberly Philips Parks & Recreation Manager, Katy Evans Environmental Health Manager, Alexis Jackson Planning Manager, John Roach Project Manager, Rachael Johnson Assistant to City Manager, Amy Piukana Interim City Secretary/Records Management Coordinator Mayor Phelps called the Study Session Meeting to order at 4:00 p.m. A. STUDY SESSION A.1 Discuss regular City Council meeting agenda items. City Council Member Bomgardner had questions on Agenda Item 1.8, regarding Catalyst Service Agreement. Council Member Bomgardner asked if it was an exclusive agreement with one group. City Manager Gary 1 1 1 City Council Meeting Minutes September 15,2015 Greer explained restaurants are being targeted and the firm has a great reputation with quality projects. Deputy Mayor ProTem Froehlich asked if recent demographics of the area were available. Managing Director John Land explained that recruitment packages are being created and will soon be available in a future study session. Council Member Reyes had a question on Agenda Item 1.7 regarding the pedestrian bridge on the east side of Marsh Lane noting she had received concerns from several residents. City Administration noted this item is regarding the Trail continuation and does not regard the bridge raising project. A.2 Receive an update on the upcoming Sister City visit. Assistant to City Manager Rachael Johnson introduced Sister City Chair Janie Scarbrough who provided a Sister City Update. Ms. Scarbrough explained Farmers Branch maintains a sister city relationship with Bassetlaw, England, Garbsen, Germany and Schonebeck, Germany. Ms.Scarbrough introduced Ms. Calla Davis who stated visits between cities are planned every five years. Ms. Davis reviewed the following Sister City Visit Schedule: Thursday, October 15 — Guests arrive at City Hall for host families pickup. Friday, October 16 — 9 a.m. -12:30 p.m. Tour of Farmers Branch (Fire Station #1, Aquatics, Justice Center, Animal Adoption Center) 12:30 -1:30 p.m. Tour and lunch at Big Game Sports 1:30 — 4:30 p.m. Shopping at the Dallas Galleria 7:00— 9:00 p.m. Dessert Party at Janie's house with guests, host families and others Saturday, October 17 — 9:30-12:00 p.m. Celebration of Roses 11:30 -10:00 p.m. Bloomin Bluegrass Festival and Chili Cookoff at the Historical Park 9:00 -4:00 p.m. Craft Fair at the Senior Center Sunday, October 18 Host Family Activities Monday, October 19 Day at Lake Fork with a BBQ Chuckwagon lunch A.3 Presentation on current Code Enforcement activity. Community Development Director Andy Gillies introduced Building Official Hugh Pender and Code Enforcement Supervisor Ray Mendez. Mr. Pender provided a presentation regarding recent Code Enforcement activity and statistics noting the department is engaging in more community education and outreach programs. Council Member Reyes asked if amendments were necessary regarding correction notice time period. Building Official Hugh Pender explained the current Ordinance allows thirty days compliance. Mr. Pender explained City Council Meeting Minutes September 15,2015 discretion is used regarding compliance and is based on the type of violation. Council Member Bomgardner had questions regarding current procedures for a non - permitted building structure. Mr. Pender explained the penalty is a double fee charge based on the violation. Mr. Pender further stated that sometimes structure removal may be necessary to comply with current code requirements. Deputy Mayor Pro Tem Froehlich asked if Code Enforcement Officers work weekends to ensure roofing permits are obtained. Mr. Ray Mendez explained staff is working with the Police Department who notifies them of any activities reported during weekend hours. Council Member Reyes asked if garage sale permits should be required. Mr. Mendez explained currently no permit is required. Council Member Norwood suggested no permit be required unless issues occur. A.4 Discuss amendments to the 2014 -15 Fiscal Year Budget and the City Manager's balanced budget and organizational funding For the adoption of the 2015 -2016 Fiscal Year Budget. Managing Director Charles Cox briefed City Council regarding the year end proposal. Mr. Cox provided a presentation reviewing FY15 Year End Budget Amendments and FY16 proposed budget, reviewed expenditures, Water and Sewer fund, General Fund and Capital Improvement Funds, Special Revenue Funds, Fixed Asset Fund, and Major Compensation Study. Council Member Reyes discussed an optional amendment to take an additional 2% raise for Police Officers to allow $135,000 to be taken from the cash balance in order to provide the funding. Deputy Mayor ProTem Froehlich noted there is a current process in place for compensation through City Administration. Deputy Mayor ProTem Froehlich noted City Council will be able to review this item again during the first quarter. Council Member Bomgardner explained staff has a current process and responsibility to bring all the facts to City Council so they can make a more informed decision. Council Member Norwood discussed the option to front load funds in order to allow an increase now for Police Officers until the compensation survey can be reviewed. 1 1 1 City Council Meeting Minutes September 15,2015 Mayor ProTem Connally explained City Council does not normally set compensation to individual departments. A.5 Discuss agenda items for future City Council meetings. City Manager Gary Greer reminded City Council about the October 9, 2015 City Council Retreat. Mr. Greer asked City Council to notify Staff Administration with any topics for discussion. City Council Member Norwood asked that the City Manager's evaluation process be added to the October 5, 2015 agenda. Council Member Bomgardner asked City Administration to add recycling as a retreat topic item. The Study Session meeting concluded at 5:48 p.m. B. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Phelps called the Regular City Council Meeting to order at 6:05 p.m. Mayor Pro Tem Connally gave the Invocation and led the Pledge of Allegiance. C. CEREMONIAL ITEMS C.1 Consider accepting a donation in the amount of $1,000 from ATMOS Energy to the Farmers Branch Fire Department and take appropriate action. Mayor Phelps and Fire Chief Steve Parker accepted a donation from Atmos Energy Representative Jan Rugg in the amount of $1,000 to the Farmers Branch Fire Department. Motion by Council Member Connally to approve, second by Council Member Bomgardner. Motion prevailed 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 1 1 City Council Meeting Minutes September 15,2015 D. REPORT ON STUDY SESSION ITEMS Council Member Norwood reviewed the study session items regarding the Sister City program, Code Enforcement presentation regarding complaints, citations, month of August Code Compliance, discussed communication plan with Branch Memo, Budget amendments, and had discussion regarding Police Officer compensation due to increase risk, and noted a City Council retreat is set for October 9, 2015 at the Farmers Branch Recreation Center. E. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST, Deputy Mayor ProTem Froehlich announced several City Council Members serve on various committees, noting currently he sits on the Trinity River Common Vision Steering Committee. Deputy Mayor ProTem Froehlich provided an update regarding the meeting he attended noting Corps of Engineers presented information regarding topics of stream bank erosion, local flood damage, aquatic and environmental restoration. Deputy Mayor ProTem Froehlich explained the Capp program allows cities to apply for funding and has provided this information to the Public Works Director. City Manager Gary Greer provided the following report to the community: Encounters from the Past—Friday & Saturday, September 18 & 19, an interactive tour at historic Keenan Cemetery. Tours leave every 15 minutes between 7 and 9 p.m. Admission is $5 with kids 6 and under admitted free. Manske Movies — Saturday, September 19th — "McFarland, USA," in the Library's amphitheater. Admission is free. Date Night — Saturday, September 26 - Fall edition of Date Night in the Park which includes food trucks, live music and an outdoor showing of the movie, "Aloha." October Events — • Firefighters Combat Challenge returns to Farmers Branch in October with the U.S. Nationals at the Doubletree Hotel by the Galleria. Those dates are October 2 through October 4. • National Night Out is set for Tuesday, October 6. To register a neighborhood party call 972 - 919 -9304. • City Council meeting has been moved to Monday, October 5' at City Hall due to National Night Out on Tuesday. • Bloomin Bluegrass Festival & Chili Cook off is coming Friday and Saturday, October 16 & 17 at the Historical Park. • Craft Fair is being held Saturday, October 17 at the Senior Center and Celebration of Roses is coming to City Hall and 1 1 1 City Council Meeting Minutes the Rose Gardens of Farmers Branch. • Citywide Cleanup Shredding Event will be located at City Hall on Saturday, October 24, from 9 a.m. to 12 noon. • Halloween in the Park is set for Halloween night, October 31St September 15,2015 City Manager Gary Greer announced a new automatic timer has been installed at the podium in City Council Chambers. F. CITIZEN COMMENTS There were no citizens who wished to speak. G. CONSENT AGENDA G.1 Consider approval of minutes of the City Council Budget Work Session meetings held on August 31, 2015 and continued on September 1, 2015, and the City Council Regular Session meeting held on September 1, 2015, and take appropriate action. G.2 Consider adopting Ordinance No. 3334 allowing certain employees of the City to purchase previously forfeited service in the Texas Municipal Retirement System. G.3 Consider adopting Ordinance No. 3342 amending the City of Farmers Branch Code of Ordinances, Chapter 82, Traffic and Vehicles, Article II, Division 5, Section 82 -73, authorizing the placement of stop signs on eastbound Academy Lane at Senlac Drive and westbound Academy Lane at Hutton Drive, and Division 6, Section 82 -95 specifying a no parking zone on a portion of the bridge over Cooks Creek on Valwood Parkway, and take appropriate action. G.4 Consider adopting Resolution No. 2015 -082 authorizing the City Manager to approve the purchase of one replacement truck mounted crane for the Public G.5 Consider adopting Resolution No. 2015 -088 authorizing the City Manager to appoint Marc Bentley, City Engineer, to the Surface Transportation Technical Committee and take appropriate action. G.6 Consider approving Resolution No. 2015 -090 authorizing the City Manager to execute a professional Services Agreement with Berry Dunn McNeil & Parker, LLC to conduct a needs assessment and develop an action plan for the future procurement of an Enterprise Resource Planning (ERP) system in an amount not to exceed $60,000. G.7 Consider approving Resolution No. 2015 -070 adopting the City's amended Investment Policy and take appropriate action. 1 1 1 City Council Meeting Minutes September 15, 2015 G.8 Consider adopting Ordinance No. 3341 amending the Farmers Branch Code of Ordinances, Appendix A — Fee Schedule, relative to fees established pursuant to Chapter 44 "Library," Section 44 -33 thru 44 -35 "Library Card Fees" and Section 44-41 "Lost Library Materials and Other Charges "; Chapter 50 "Parks and Recreation User Fees "; and Chapter 86 "Utilities," Article IV "Service Rates and Billing procedure," Section 86 -276 "Water Service Rates" and Section 86 -277 "Sewer Rates ", and take appropriate action. G.9 Consider adopting Ordinance No. 3335 approving the 2015 tax roll certified by the Dallas Central Appraisal District and take appropriate action. G.10 Consider approving Resolution No. 2015 -079 for a Detailed Site Plan adding a new driveway to the building located at 4835 LBJ Freeway, and take appropriate action. Motion by Mayor ProTem Connally to approve the Consent Agenda Items G.1 thru G.10, second by Deputy Mayor Froehlich. Motion prevailed 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. PUBLIC HEARINGS H.1 Continue 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. Community Development Director Andy Gillies briefed City Council regarding this item, noting it is a continued Public Hearing. Mr. Gillies explained the request will replace the existing approved Site Plan. Mr. Gillies explained the applicant is proposing 34 townhomes with a special exception to reduce the overall unit density. Mr. Gillies presented a presentation showing the proposed site plan, landscape plan and elevations. Applicant Bradford Montgomery with Vita Townhomes was present to answer any questions. Deputy Mayor ProTem Froehlich asked the applicant to provide more information regarding marketing and sale price of the townhomes. Mr. Montgomery explained the project has been marketed and already had presales. Mr. Montgomery further explained the sale price is approximately $345,000 - $350,000, with an estimated total cost of $10 million for the project. Deputy Mayor Pro Tem Froehlich asked about the ceiling height in the units. Mr. Montgomery explained the ceiling height will range from 9 -10 ft. in height. There were no citizens that wished to speak. 1 1 City Council Meeting Minutes September 15, 2015 Motion by Deputy Mayor ProTem Froehlich to close the Public Hearing, second by Mayor Pro Tem Connally. Motion prevailed by the following vote: 1.1 Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner Motion by Council Member Bomgardner, second by Mayor Pro Tem Connally to approve. Motion prevailed 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 REGULAR AGENDA ITEMS Consider adopting Ordinance No. 3343 amending the City's Operating and Capital Improvement Program Budget for the 2014 -2015 fiscal year and take appropriate action. Managing Director Charles Cox briefed City Council regarding this item. Motion by Deputy Mayor ProTem Froehlich, second by Council Member Bomgardner to approve. Motion prevailed 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 1.2 Consider adopting Ordinance No. 3344 approving and adopting the Operating and Capital Improvement Program Budget for the 2015 -2016 fiscal year and take appropriate action. Finance Director Charles Cox provided a PowerPoint presentation. Deputy Mayor Pro Tem Froehlich noted the 15% water increase is based on the Water Provider noting the costs are incurred by the city and the increase is based upon Water Provider. Council Member Reyes had discussion regarding a proposed budget amendment discussed in Study Session in the amount of $135,000 to invest in public safety law enforcement officers. City Council Meeting Minutes September 15,2015 Motion made by Mayor Pro Tem Connally to approve Ordinance No. 3344. Motion amended by Council Member Reyes to amend the budget with a 2% compensation increase to Peace Officers in the total amount of $135,000. Motion seconded by Council Member Norwood. Aye: 2- Council Member Reyes, and Council Member Norwood Nays: 3 - Mayor Pro Tem Connally, Deputy Mayor Pro Froehlich, and Council Member Bomgardner Council Member Norwood discussed an amendment to the budget based on the time period of 6 months for a salary survey, noting sufficient funds need to be available for a mid -year compensation review in order to accommodate any appropriate changes or increases at that time. Council Member Norwood moved to amend the budget in an amount of $250,000 allocated for the Trail Master Plan be moved to the contingency fund until after a mid -year discussion. Motion seconded by Mayor Pro Tem Connally. Aye: 4 - Mayor Pro Tem Connally, Council Member Reyes, Council Member Norwood and Council Member Bomgardner Nays: 1 - Deputy Mayor Pro Froehlich Council Member Norwood seconded the main motion to adopt Ordinance No. 3344, with amendments. Aye: 4 - Mayor Pro Tem Connally, Council Member Reyes, Council Member Norwood and Council Member Bomgardner Nays: 1 - Deputy Mayor Pro Froehlich 1.3 Consider approving Resolution No. 2015 -083 ratifying the property tax revenue increase reflected in the 2015 -16 fiscal year budget and take appropriate action. Managing Director Charles Cox briefed Council regarding this item. Motion by Deputy Mayor Pro Tem Froehlich, second by Council Member Bomgardner to approve. Motion prevailed by the following vote: City Council Meeting Minutes September 15,2015 Aye: 5 - Mayor Pro Tem Connally, Deputy Mayor Pro Tem Froehlich, Council Member Reyes, Council Member Norwood and Council Member Bomgardner 1.4 Consider adopting Ordinance No. 3345 to levy and adopt the tax rate for Fiscal Year 2015 -16 and take appropriate action. Managing Director Charles Cox briefed Council regarding this item. Council Member Norwood moved that the property tax rate be increased by the adoption of a tax rate of $0.602267, which is effectively a 4.52% increase in the tax rate. Motion seconded by Council Member Reyes. Motion prevailed 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 1.5 Consider approving Resolution No. 2015 -085 authorizing the City Manager to negotiate and execute a contract for medical stop -loss insurance coverage in an amount not to exceed $400,000 and take appropriate action. Human Resource Director Brian Beasley briefed City Council regarding this item. Mr. Beasley explained the stop -loss insurance is a product that provides protection against catastrophic or unpredictable losses and is purchased by employers who have self- funded insurance plans. Deputy Mayor ProTem Froehlich asked about the total cost. Mr. Beasley explained the current cost is $369,000. Mr. Beasley further stated that in order to ensure enough funding is available with medical inflation, he is asking for an amount not to exceed $400,000. Motion by Mayor Pro Tem Connally, second by Deputy Mayor Pro Tem Froehlich to approve. Motion prevailed 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 1.6 Consider approving Resolution No. 2015 -087 authorizing the City Manager to negotiate and execute a contract for employee group benefit insurance administration and take appropriate action. 1 1 City Council Meeting Minutes September 15,2015 Human Resource Director Brian Beasley briefed City Council regarding this item noting the City is self- insured and utilizes the services of a Third Party Administrator (TPA) for claims, deductibles and out of pocket expenses. Motion by Council Member Bomgardner, second by Mayor Pro Tem Connally to approve. Motion prevailed 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 1.7 Consider Resolution No. 2015 -086 approving a Local Project Advance Funding Agreement with the Texas Department of Transportation for the construction of a pedestrian bridge along east side of Marsh Lane over Farmers Branch Creek and bike shared -lane signage along Rosser Road from Valley View Lane to IH635 and take appropriate action. Community Services Director Andy Gillies briefed City Council regarding this item. Mr. Gillies explained a Master Funding Agreement was approved in 2001, However, in order to initiate a project, TxDOT requires cities to execute a Local Project Advance Funding Agreement. The Local Project Funding Agreement provides for the funding of Brookhaven College Campus — Intercity Trail Connections. The scope of the project includes the construction of a pedestrian bridge over Farmers Branch Creek east of Marsh Lane; a signalized protected crosswalk on Valley View at Rosser Road intersection and bike shared lane signage along Rosser Road from Valley View Lane to IH635. Mr. Gillies passed out a revised resolution noting under Section 2, the dollar amount of $159,147 should be $172,050, which was the amount originally approved in the agreement. Motion by Council Member Reyes, second by Deputy Mayor ProTem Froehlich to approve, as amended. Motion prevailed 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 1.8 Consider approving Resolution No. 2015 -089 authorizing execution of a Professional Services Agreement with Catalyst Commercial and take appropriate action. 1 1 City Council Meeting Minutes September 15,2015 Economic Development Manager Allison Cook briefed City Council regarding this item. Ms. Cook noted this is a professional services agreement to target restaurants and retailers to the station area. Motion by Council Member Norwood, second by Council Member Bomgardner to approve. Motion prevailed 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 Mayor Phelps concluded regular session at 7:00 p.m. and recessed into Executive Session. The City Council may convene in Closed Session at any time pursuant to Texas Government Code Section 551.071 to consult with the City's attorney on any regular session or study session agenda item requiring confidential, attorney /client advice necessitated by the deliberation or discussion of said item. J. EXECUTIVE SESSION J.1 Council shall convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding: (a) Discuss commercial or financial information the city has received from a business prospect(s), and to deliberate the offer of a financial or other incentive to a business prospect(s). (NTT Data) This item was not discussed. Council shall convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: (b) Discuss the purchase, exchange, lease, or sale of real property known as Lot 4, Block A, The Shops at Branch Crossing, an addition to the City of Farmers Branch, Texas. (c) Discuss the purchase, exchange, lease, or sale of real property known as a portion of the Robert J. West Survey, Abstract No. 1576, also known as 13605 Webb Chapel, Farmers Branch, Texas. Council shall convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to deliberate regarding: (d) Discuss 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. 1 1 1 City Council Meeting Minutes September 15, 2015 K. RECONVENE INTO REGULAR SESSION AND TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED SESSION, Mayor Phelps reconvened into Regular Session at 9:08 p.m. There was no action taken as a result of Executive Session. L. ADJOURNMENT Motion by Mayor Pro Tem Connally, second by Council Member Reyes to adjourn. Motion prevailed 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 The Meeting adjourned at 9:09 p.m. Bob Phelps, Mayor ATTEST: L Amy M. Piukana(/Interim City Secretary