CARROLLTON CITY COUNCIL REGULAR WORKSESSION AND MEETING JUNE 17, 2014

The City Council of the City of Carrollton, convened in a Regular Worksession and Meeting on Tuesday, June 17, 2014 at 5:45 p.m. with the following members present; Mayor Pro Tem Kevin Falconer, Deputy Mayor Pro Tem Bob Garza, Councilmembers Jeff Andonian, Anthony Wilder, Lisa Sutter, Doug Hrbacek and Steve Babick. Mayor Matthew Marchant was absent. Also present were Assistant City Managers Bob Scott and Erin Rinehart, City Attorney Meredith A. Ladd, and City Secretary Ashley D. Mitchell.

5:45 P.M. – COUNCIL BRIEFING ROOM

***PRE-MEETING/EXECUTIVE SESSION ***

Mayor Pro Tem Falconer called the meeting to order at 5:45 p.m. Councilmember Andonian arrived at 6:08 p.m.

1. Mayor and Council reports and information sharing.

2. Receive supplemental staff information and responses to questions.

*** EXECUTIVE SESSION ***

3. Council convened in Executive Session at 6:24 p.m. pursuant to Texas Government Code: • Section 551.071 for private consultation with the City Attorney to seek legal advice with respect to pending and contemplated litigation and including all matters on this agenda to which the City Attorney has a duty under the Texas Rules of Discipline and Professional conduct regarding confidential communication with the City Council. • Hamrla, et al, v. City • Landfill Application • Section 551.072 to discuss certain matters regarding real property • Downtown Carrollton Acquisitions • Section 551.074 to discuss personnel matters • Section 551.076 to discuss security matters • Section 551.087 to discuss Economic Development

4. Council reconvened in open session at 7:08 p.m. to consider action, if any, on matters discussed in the Executive Session. No action.

***WORKSESSION***

***REGULAR MEETING 7:00 PM***

Mayor Pro Tem Falconer called the Regular Meeting to order at 7:17 p.m.

INVOCATION led by Councilmember Anthony Wilder. REGULAR MEETING AND WORKSESSION MINUTES – JUNE 17, 2014 PAGE 2

PLEDGE OF ALLEGIANCE led by Deputy Mayor Pro Tem Bob Garza.

PUBLIC FORUM

5. Hearing of any citizen/visitor on items not listed on the regular meeting agenda. Citizens wishing to address the Council regarding items on the posted agenda will be called to speak during the Council's consideration of such items. Citizens/visitors should complete an appearance card located on the table at the entrance to the City Council Chambers. Speakers must address their comments to the presiding officer rather than to individual Council members or staff; Stand at the podium, speak clearly into the microphone and state your name and address prior to beginning your remarks; Speakers will be allowed between 2 and 5 minutes for testimony; Speakers making personal, impertinent, profane or slanderous remarks may be removed from the room; Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations will not be permitted; No placards, banners or signs will be permitted in the Chambers or in any other room in which the council is meeting. In accordance with the State Open Meetings Act, the City Council is restricted from discussing or taking action on items not listed on the agenda. Action can only be taken at a future meeting.

CONSENT AGENDA (*All items marked with a single asterisk are part of a Consent Agenda and require no deliberation by the Council. Each Council member has the prerogative of removing an item from this agenda so that it may be considered separately. Contracts and agreements are available in the City Secretary’s Office.)

Mayor Pro Tem Falconer advised that Item 19 was pulled for a separate vote.

Councilmember Andonian moved approval of Consent Agenda Items 6 – 18 and 20; second by Councilmember Babick and the motion was approved with a unanimous 7-0 vote.

MINUTES

*6. Consider Approval Of The June 3, 2014 Regular Meeting Minutes.

BIDS & PURCHASES

*7. Consider Approval For The Purchase Of Travel Services For The Carrollton Senior Center From Collete Vacations, For An Amount Not To Exceed $110,000.00.

*8. Consider Approval Of The Purchase Of Two (2) Snow Plows From Texas Municipal Equipment For The Public Works Department Through An Inter-Local Agreement With BuyBoard In An Amount Not To Exceed $50,634.07.

*9. Consider Approval Of The Replacement Of Five (5) Mowers, Three (3) Utility Carts, And One (1) Motorized Fertilizer Spreader From Professional Turf Products Through An Inter-Local Agreement With BuyBoard In An Amount Not To Exceed $320,908.87.

REGULAR MEETING AND WORKSESSION MINUTES – JUNE 17, 2014 PAGE 3

*10. Consider Approval Of The Replacement Of Eight (8) Trucks For Various City Departments From Caldwell Country Through An Inter-Local Agreement With BuyBoard In An Amount Not To Exceed $281,957.65.

*11. Consider Approval Of Bid #14-026 For Water Meters For Public Works From Various Vendors In An Amount Not To Exceed $234,846.00.

*12. Consider Authorizing The City Manager To Approve Change Order #1 With Hall Buick Pontiac GMC Through An Inter-Local Agreement With BuyBoard For Various Safety And Operational Items Included In The Replacement Of A Light and Air Utility Vehicle For The Fire Department In An Amount Of $5,336.00 For A Revised Contract Amount Not To Exceed $401,795.00.

CONTRACTS & AGREEMENTS

*13. Consider Authorizing The City Manager To Enter Into A Purchase Contract For 0.08 Acres Of Land At 1003 West Main Street, Being The Original Town Of Carrollton Addition, Block B, Lots 1 And 2, City Carrollton, County, Texas.

*14. Consider Authorizing The City Manager To Approve The Mary Heads Carter Park Playground Change Order #1 To Webuildfun.com For Additional Expenditures Of $17,296.70, For A New Not To Exceed Total Of $527,296.70.

*15. Consider Authorizing The City Manager To Approve A Professional Services Contract With Brown and Gay Engineers, Inc. For Development Of Erosion Control Construction Plans For Indian Creek Segment 2 In An Amount Of $406,093.00.

*16. Consider Authorizing The City Manager To Approve A Professional Design Services Contract With Dimensions Architects For Design And Plan Preparation For The Sandy Lake Service Center Parks Department Administrative Building In An Amount Not To Exceed $35,800.00.

RESOLUTIONS

*17. Consider A Resolution Authorizing The City Manager To Approve A Contract With Lowes Home Center, LLC For The Reconfiguration Of The Driveway On The East Side Of Lowes’ Property Connecting With Raiford Road.

*18. Consider A Resolution Authorizing The City Manager To Enter Into A Hotel Occupancy Tax Grant and Economic Development Incentive Agreement With Lowen Holdings, Ltd.

*19. Consider A Resolution Authorizing The City Manager To Enter Into A Demolition Grant Agreement With Joe L. Craig At 1607 And 1609 Whitlock Lane For An Amount Not To Exceed $62,938.00.

*20. Consider A Resolution Appointing A Member To The Traffic Advisory Committee To Fill An Unexpired Term. REGULAR MEETING AND WORKSESSION MINUTES – JUNE 17, 2014 PAGE 4

CONSENT AGENDA ITEMS PULLED FOR SEPARATE CONSIDERATION.

*19. Consider A Resolution Authorizing The City Manager To Enter Into A Demolition Grant Agreement With Joe L. Craig At 1607 And 1609 Whitlock Lane For An Amount Not To Exceed $62,938.00.

Deputy Mayor Pro Tem Garza moved approval of Item 19; second by Councilmember Hrbacek. Councilmember Wilder stated he voiced is opposition to the program previously and stated he opposition to this program or any other similar type of incentive. He felt it was the responsibility of the property owner rather than the City and taxpayers. The motion was approved with a 4-3 vote;, Deputy Mayor Pro Tem Garza, Mayor Pro Tem Falconer, Councilmember Hrbacek and Councilmember Andonian in favor and Councilmembers Wilder, Babick and Sutter in opposition.

PUBLIC HEARING - INDIVIDUAL CONSIDERATION

21. Hold A Public Hearing And Consider An Ordinance To Rezone To Establish A Special Use Permit For A General Medical & Surgical Hospital With Special Conditions; Amending Accordingly The Official Zoning Map. The Approximately 6-Acre Tract Is Located At The Northwest Corner Of Trinity Mills Road/PGBT And McCoy Road, And Is Currently Zoned PD-189 For The (O-4) Office District. Case No.04-14SUP3 North Texas Regional Hospital/City Of Carrollton. Case Coordinator: Christopher Barton.

Christopher Barton, Chief Planner, stated that his is a request for approval of a special use permit for a general medical and surgical hospital, with modified development standards. He noted that Planned Development Districts are usually written to provide for some exceptional regulations or requirements above and beyond the base zoning. The base zoning for the site is 0-4 Office District. He advised that the PD did not permit nor exclude hospitals as a use. He further advised that hospitals require a Special Use Permit in the Office District in any location in the City. He stated that the request was heard by the Planning & Zoning Commission on April 3, 2014 and the Commission submitted a recommendation for approval. On May 6, 2014 the City Council voted to deny the request for the special use permit and on May 20, 2014 the City Council voted to reconsider the case at a public hearing on June 17, 2014. He stated the developer and operator of the proposed hospital were present and would provide a presentation.

Lauren Rowley, , stated the hospital would be centered around the 9-bay emergency room and would have three operating rooms and 52 beds. She stated their analysis reflected a need for the service in that area of Carrollton. She stated they have 12 years experience in emergency medicine and stated the hospital would allow them to be licensed to provide Medicaid and Medicare to the patients. She advised there were 25,000 Medicare patients within a 5-mile radius of the proposed site and 22,000 people on Medicaid. She requested the Council vote in favor of the request.

Dr. Mike Muzzarelli stated he was board certified emergency medicine physician and listed his experience in emergency medicine. He stated the core business of the hospital would be emergency medicine and stated it was about offering the citizens a choice. He stated the hospital REGULAR MEETING AND WORKSESSION MINUTES – JUNE 17, 2014 PAGE 5 would offer people a place to go for their general medicine, general pediatrics, orthopedics, gastroenterology, ENT and for more basic needs.

Bill Dahlstrom, 901 Main Street, representing the purchaser, voiced concern because the City entered into a purchase and sale agreement with the developer of the proposed hospital which included the need for a specific use and then the request was denied. He also voiced concern that zoning might be being used to protect the interest of a private entity. He underscored that the request was a zoning issue and that the proposed use meets all of the minimum standards established in the zoning ordinance and all other applicable ordinances. It was also his belief that the Comprehensive Plan supports the use at the proposed location. He requested the Council approve the application.

Mike Corey, Chief Development Officer with Adeptus Health, talked about the additional benefits of revenue and jobs that the hospital would bring to the City. He talked about various locations similar to the proposed site where Baylor opened emergency hospitals. He stated that the Adeptus Health system was being built around filling voids in the marketplace and creating convenient access to high quality healthcare.

Mayor Pro Tem Falconer opened the public hearing and invited speakers to the podium.

Pat Malone, 2105 Canterbury, spoke in favor of the request and asked Council to give the citizens a choice for healthcare. She also noted the additional jobs it would bring to Carrollton and felt it would not hurt Baylor.

Sanjay Naik, 5605 N. MacArthur Blvd., Irving, stated he represents Lowen Raiford LV and Lowen Trinity Mills LP, two of the property owners immediately adjacent to the proposed site and are also the hotel developers. He stated they felt the project was an excellent amenity to their project and were 100% in support of the request.

Mike Sanborn, President of Baylor Medical Center-Carrollton, stated the decision made on May 6 was the correct decision. He asked that the decision be upheld. He stated they have no concerns or issues with a free standing emergency department being built at the site and stated it was the hospital that creates the greatest concern. He talked about the difference Baylor makes in the community and the commitment it has to Carrollton. He felt there was not a need for more hospital beds and questioned that it would create 100 more jobs. He asked the Council to deny the request.

Charles Heath, CEO Metrocrest Hospital Authority, advised that the Authority Board approved a resolution in opposition to the zoning request. He stated that Baylor addresses all of the healthcare needs of the community and will be able to meet any future healthcare needs. The Authority’s position was that the proposed facility and use would interfere with the continuity and quality of care as it represents the community. He advised that the Board requests that the Council keep the health care strong and deny the request.

Dr. Jacob Chennalakuzhy, Chair of Cardiology at Baylor Carrollton reminded Council that about a year ago, there was no cardiac care and talked about the improvements made by Baylor. He stated that in taking a pulse of the staff, they were opposed to the request because if the “in” REGULAR MEETING AND WORKSESSION MINUTES – JUNE 17, 2014 PAGE 6 volume drops, the high quality physicians will find other places to practice; therefore in that regard, he was opposed to the request.

Dr. Mike Muzzarelli, 2941 S. Lake Vista Drive, Lewisville, stated it wasn’t just about access; it was about approachability stating that many people don’t want to go to a big hospital. He also noted that most physicians have privileges at multiple hospitals. He did not think that Adeptus Health would preclude any physician from going to Baylor Carrollton.

There being no other speakers, Mayor Pro Tem Falconer closed the public hearing and opened the floor for discussion by the Council.

Deputy Mayor Pro Tem Garza asked about the amount of hospital experience and Ms. Rowley replied that this would be the second hospital by Adeptus and was why they were using Mirror Consultants to help with licensing, building the facility and making sure that it is up to code. She stated they plan to hire a CEO with a lot of hospital experience as they did in to help with administration and facility management. The Arizona hospital is scheduled to open in 2015. Deputy Mayor Pro Tem Garza asked them to talk about ambulance traffic and noise in consideration of the residents. Dr. Muzzarelli stressed that the extent of inbound ambulance traffic had not been determined nor was it one of their decisions. He stated he would welcome inbound ambulance traffic but noted it would be determined by the EMS Director. He stated they would not be a Trauma I hospital. Mike Corey stated ambulance noise is possible and stated that ambulances would be along the neighborhood when on George Bush and other roadways regardless of the proposed hospital being built on the site. Deputy Mayor Pro Tem Garza asked about the plan for the future of the hospital such as expansion. Mr. Corey stated there was no room on the site to expand the facility to more beds or more departments, but it may expand the types of services offered. With regard to additional jobs, Ms. Rowley stated she did not have a breakdown of the types of jobs, but the median average income would be about $88,000.

Councilmember Sutter read comments about the meetings held between the Re-Development Subcommittee and Adeptus, and with Council giving support of the concept. She questioned how a new facility would negatively impact the overall quality of healthcare. She talked about competition and felt that neither Baylor nor MHA should be exempt from competing in the market place. She stated that she saw nothing detrimental about the project and felt it would increase choice, increase service and improve the quality and affordability of healthcare for the citizens. She stated she would support the SUP and encouraged the Council to do the same.

Councilmember Babick voiced concern about patient confusion regarding the types of services they Adeptus would offer and questioned how they would educate the public about the types of services they offer and don’t offer. Dr. Muzzarelli stated that most hospitals don’t offer all services and the fact that they would be a hospital rather than an emergency care only facility would allow them to offer more treatment. He felt the public would embrace a small general hospital. Ms. Rowley added that their website would list the type of care available.

Mayor Pro Tem Falconer asked about the intake percentage through the ER and Ms. Rowley stated they estimate between 65% and 70% of the patients would enter through the ER. Mayor Pro Tem Falconer stated that he initially thought it would be a boutique hospital where the emergency room was not a major thing and noted the opposition by the residents. He asked her to address the impact on the residential area. Ms. Rowley stated that primarily, the patients REGULAR MEETING AND WORKSESSION MINUTES – JUNE 17, 2014 PAGE 7 would be walking in on their own and driving themselves to the hospital and don’t anticipate a lot of inbound ambulance traffic because it would not be a Trauma I center. Mayor Pro Tem Falconer noted that even an ambulance that arrives without lights and sirens can be a bit of a burden to a nearby residential neighborhood. Mr. Corey stated that in comparison to other uses that would be allowed at the site, the proposed use would be less intensive in all adverse categories.

Councilmember Andonian moved approval of Item 21, the Ordinance to rezone to establish a Special Use Permit for a General Medical & Surgical Hospital with special conditions amending accordingly the Official Zoning Map; second by Councilmember Hrbacek. Councilmember Hrbacek stated that he is a Baylor Carrollton fan and stressed that this was a land use issue and he felt it was an appropriate use for the site. The motion was approved with a 6-1 vote, Deputy Mayor Pro Tem Garza opposed.

ADJOURNMENT

Mayor Pro Tem Falconer adjourned the Meeting at 8:33 p.m.

ATTEST:

______Ashley D. Mitchell, City Secretary Kevin Falconer, Mayor Pro Tem