Agenda

1. Closed (executive) session of the Addison City Council pursuant to:

Section 551.071, Tex. Gov. Code, to conduct a private consultation with its attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Tex. Gov. Code, pertaining to:

Town of Addison v. Landmark Structures, L.P., Urban Green Energy, Freese and Nichols, Inc. v. SWG Energy, Inc. - Cause No. DC-15-07691 44th Judicial Court, Dallas County
The ponds or lakes at Vitruvian Park located within the vicinity and east of the intersection of Vitruvian Way and Ponte Ave., and Farmers Branch Creek

Executive Session convened at 5:02 p.m.

2. RECONVENE INTO REGULAR SESSION: In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session.

Open Session reconvened at 6:40 p.m.

There was no action taken on Town of Addison v. Landmark Structures, L.P., Urban Green Energy, Freese and Nichols, Inc. v. SWG Energy, Inc. - Cause No. DC-15-07691 44th Judicial Court, Dallas County.

The following motion was made on The ponds or lakes at Vitruvian Park located within the vicinity and east of the intersection of Vitruvian Way and Ponte Ave., and Farmers Branch Creek-

I move to direct outside counsel and staff to pursue mediation with the City of Farmers Branch regarding the Farmers Branch Creek matter- MPT Hughes; second by Councilmember Walden; motion passed with a vote of 6-0. [Councilmember Angell left meeting at 5:10 p.m. due to a family emergency and was not present for this vote.]

Work Session began at 6:45 p.m.

WORK SESSION

3.

Present and Discuss an Update on the Internal Control Program for the Town of Addison.

Chief Financial Officer Olivia Riley updated the Council on the Internal Controls Program. She reviewed that the Program includes documentation of policies and processes, improvement of the internal control processes and monitoring the internal controls. Components of the the Program include Control Environment, Risk Assessment, Control Activities, Information and Communication, and Monitoring.

CFO Riley reviewed the Program schedule that was developed during the period of January - March 2018. From April to June 2018 the Consultant will review the Town staff's computer access, develop a scope for the Airport finance system and internal controls, and the Finance Department will document the policies and processes for cash collections. From July to September 2018 the Town audit firm, BKD, will conduct a review of the Airport financial system and internal controls, and Finance will begin monitoring departmental cash collection policies. During the period of October- December 2018 the Town auditors will review the controls and issue a report. Any improvements recommended will be implemented and the next area for review will be determined.

MPT Hughes inquired about the use of best practices software. Ms. Riley advised that Contract Module training was held that day and described how it will be used. She added that updated Utility Billing software will be implemented later in 2018.

City Manager Wes Pierson reminded the Council that this project is one that he said he would work on when he came to Addison and that he and staff will continue to work on this. He said this is just the beginning and that he will continue to work toward providing assurance that the Town is handling things in an appropriate manner.

4.

Present and Discuss the Format for the Town Meeting on April 16, 2018.

Mayor Joe Chow told the Council that some citizens had contacted him concerned with the format for the Town Meeting that had previously been decided upon. Councilmember Braun stated that since different people may have some of the same questions, having a portion of the meeting set up as an open-mic format might be beneficial and then have Council members be available for individual questions toward the end of the meeting as well. Council members agreed to change the format.

5.

Present and Discuss an Update on Taste Addison 2018.

Special Events Manager Shelbi Stofer provided an update on the Taste Addison event scheduled for May 18-20, 2018 at Addison Circle Park. She stated that ticket pre-sales are up from last year and provided the ticket types and costs. It was noted that children under 12 are admitted free each day during the event. The entertainment includes the Eli Young Band and well as others throughout the event. Programming includes family friendly activities such as shopping, the Talley Amusement Carnival, Family Fun Zone with complimentary games and activities for all ages, and Pinot's Palette is providing hands-on painting demonstrations on Saturday and Sunday. There will be cooking demonstrations, a wine garden and a craft beer hall. Several local restaurants will be on hand to offer a variety of food choices. Ms. Stofer reviewed the many ways the Town plans to advertise the event. The City Council members will receive VIP packages that includes guest tickets, general admission tickets, and a parking pass.

Work Session concluded at 7:06 p.m.

[Councilmember Angell returned to the meeting prior to the start of Regular Session.]

Regular Session convened at 7:30 p.m.

REGULAR MEETING

Pledge of Allegiance

Announcements and Acknowledgements regarding Town and Council Events and Activities
City Manager Pierson announced that a promotional ceremony was held today for Police Sergeant Brian Pietsch who promoted to Lieutenant. Porcino's Restaurant opened today, and today is Councilmember Braun's birthday. He also offered condolences to Councilmember Angell on the passing of his brother-in-law.

Discussion of Events/Meetings
City Manager Pierson also announced that the WALK MS event is scheduled for Saturday, April 14th, around Addison Circle. Traffic closures will occur from 6 a.m. - 11 a.m. The Addison Town meeting is scheduled for Monday, April 16th, at 7 p.m. at the Addison Conference Centre.

Public Comment.
The City Council invites citizens to address the City Council on any topic not on this agenda. Please fill out a City Council Appearance Card and submit it to a city staff member prior to Public Participation. Speakers are allowed up to three (3) minutes per speaker with fifteen (15) total minutes on items of interest or concern and not on items that are on the current agenda. In accordance with the Texas Open Meetings Act, the City Council cannot take action on items not listed on the agenda. The Council may choose to place the item on a future agenda.

There were no speakers.

Consent Agenda:
All items listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion with no individual consideration. If individual consideration of an item is requested, it will be pulled from the Consent Agenda and discussed separately.

7.

Consider Action to Approve the March 27, 2018 City Council Meeting Minutes.

8.

Consider Action to Approve a Resolution for Construction Management Services with UDR, Inc. in Connection with the Construction of the Public Infrastructure Improvements for Phase 8 of the Vitruvian Development located at Marsh Lane and Spring Valley Road and Authorize the City Manager to Execute the Agreement in an Amount not to Exceed $187,956.24.

9.

Consider Action to Approve a Resolution for a Construction Agreement with Flow Line Construction, Inc., for the Construction of the Public Infrastructure Associated with the Vitruvian Phase 8 Commercial Development and Authorize the City Manager to Execute the Agreement in an Amount not to Exceed $2,349,453.

10.

Consider Action to Approve a Resolution for an Amendment to the Policy for Naming and Recognition Elements for the Spruill Dog Park.

11.

Consider Action to Approve an Award of Bid for Rental of Stage, Sound Equipment and Lighting for Special Events to Onstage Systems in an Amount not to Exceed $192,900 Annually.

Motion to approve the Consent Agenda items- MPT Hughes; second by Councilmember Angell; motion passed with a vote of 7-0.

Regular Items

12.

Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Changing the Zoning on the Vacant Parcel, Directly to the East of Springhill Suites by Marriott, at the Southwest Corner of Edwin Lewis Drive and Quorum Drive, Which Property is Currently Zoned Planned Development (PD) Through Ordinance No. O92-020, to a New PD in Order to Allow the Development of a One Story Single-Tenant Office Building. Case 1773-Z/Western International Offices.

Assistant Director of Development Services Charles Goff presented this item. He advised that this request is to change the planned development zoning on a vacant parcel located at the southeast corner of Edwin Lewis Drive and Quorum Drive. Approval of this item will create a new planned development (PD) to allow a one-story office building. Mr. Goff reviewed the proposed building's size, elevations, streetscape and exterior stone finish. Other development in the area has followed the Urban Center (UC) zoning standards which would require 90% brick on the building exterior. The applicant has requested to pursue a stone exterior finish. The applicant would be required to have 67 parking spaces for a building size of 20,050 square feet, however, the plan submitted includes 63 parking spaces due to relocating a transformer to the parking area. On-street parking will satisfy the remainder of the parking requirement.

The Planning and Zoning Commission met on March 20, 2018 and recommended approval with conditions. Those include a patio size reduction in order to provide a straight 8 foot walking path fronting Edwin Lewis Drive, to relocate a transformer out of the public sidewalk area, and to replat the property to dedicate adjacent areas as public right-of-way or as easements. Administration is recommending approval with these conditions as well as revising the exterior to comply with the 90% brick requirement for the Urban Center district.

The general discussion among Council members was in favor of allowing the stone exterior. City Manager Pierson reminded the Council that standards have been set by Council and that staff makes their recommendations according to the ordinances. MPT Hughes inquired about the bus stop location being moved. Mr. Goff explained that the relocation will actually position it closer to a new east-west trail, however, DART still has to approve the location change.

Mayor Chow opened the public hearing at 7:52 p.m. A representative of the developer, Bill Dalstrom, presented a depiction of the proposed building. He reiterated that they have agreed to all the Town's requested changes except for the stone exterior, which the developer does not want to change to brick due to it being the theme of the Western International buildings across the country. The project should be finished in 12-18 months. The public hearing was closed at 7:57 p.m.

Motion to approve subject to the three (3) conditions made by P&Z - Councilmember Angell; second by Councilmember Ward; motion passed with a vote of 7-0. [Note that P&Z recommendations did not include the brick exterior finish as a condition.]

13.

Hold A Public Hearing, Present, Discuss, and Consider Action on an Ordinance Changing the Zoning on Property Located at 15003 Inwood Road, Which Property is Currently Zoned Commercial-1 (C-1), by Approving a Special Use Permit for a Dog Kennel. Case 1774-SUP/Camp Run A Mutt.

Charles Goff briefly reviewed the location, building size, and plans for the building. Landscaping and parking spaces will be added. Mr. Goff further explained that the applicant is requesting to keep two of the three driveways currently on the property. The two driveways would be 80 feet apart. Current development standards require 200 feet in between driveways. Staff is recommending the northern drive be closed. The applicant opted not to have a traffic study be done due to the volume of traffic being too low to warrant two drives, however, the applicant believes having only one driveway would have a negative impact on the business. It was noted the third driveway is too close to the property line.

Mayor Chow opened the public hearing at 8:05 p.m. Applicant Roger Degregori spoke in favor of having two driveways on the property. The public hearing was closed at 8:13 p.m.

Motion to approve with the condition that the north driveway be removed- DMPT Duffy; second by Councilmember Ward; motion passed with a vote of 6-1 with Mayor Chow voting no.

14.

Present, Discuss, and Consider Action on an Ordinance Granting a Meritorious Exception for Fresh Image, Located at 17311 Dallas Parkway, from the Code of Ordinances, Chapter 62 Section 62-163. – Area in Order to Permit a Sign Exceeding the Allowed Letter/Logo Height Requirement.

Charles Goff reviewed the location and sign requirements for the subject building. The applicant installed a sign that included a 36 inch logo that did not comply with requirements for signs installed below 37 feet and less than 100 feet back from the curb line. The text portion of the sign did meet requirements and was approved in January 2018. During a brief discussion several Council members expressed that they had no objection to the logo/sign as it was installed.

Motion to approve- DMPT Dufy; second by MPT Hughes; motion passed with a vote of 7-0.

15.

Present, Discuss, and Consider Action on Change Order Number 1 to Teague, Nall, and Perkins, Inc., for the Midway Road Revitalization Design Project in an Amount not to Exceed $778,500.

Assistant Director of Infrastructure Jason Shroyer provided the background on the Midway Road project and reviewed the expenditures and funding source to date. He explained that work on the project began in October 2014 after Addison voters approved a bond sale of $16M. The design segment was later put on hold due to cost estimates being $38M. During this time, the design consultant was asked to perform several out-of-scope items to aid the Town in the decision whether to continue with the project. The Change Order costs are associated with the project being delayed for 2.5 years.

During the discussion of how the Change Order funds are to be used, several Council members expressed concern with the Contingency of $100,000 being included as part of this contract. City Manager Pierson advised the Council that it is still at the Town's discretion as to how the contingency funds would be used. Assistant City Manager Ashley Mitchell added that staff is working with Dallas County to help pay for this project and it is unknown yet whether their involvement might result in the need for a quick change to the design plans. Mr. Pierson followed by advising the contingency amount will be removed from this change order. Mr. Shroyer advised that after the change order is approved the project will be ready to bid in one year.

Motion to approve Change Order No. 1 with the exception of moving the owner contingency out of this change order and applying it to the budget for this project- Councilmember Braun; second by DMPT Duffy; motion passed with a vote of 7-0.

16.

Present, Discuss, and Consider Action on an Ordinance to Amend the Town's Annual Budget for the Fiscal Year Ending September 30, 2018.

Chief Financial Officer Olivia Riley reviewed the Revenues and Expenditures in various funds and how this mid-year budget amendment request impacts them. One component of the amendment is to provide funding for the compensation and certification pay changes that were previously adopted by Council. Other projects include the Airport customs facility design, and the Athletic Center HVAC and elevator upgrades. It was noted that $81,294 in revenues is included as a result of a grant to the Fire Department from the Metrocrest Hospital Authority.

[Councilmember Angell stepped out of the meeting from 8:47 p.m. to 8:50 p.m.]

Motion to approve- Councilmember Walden; second by Councilmember Braun; motion passed with a vote of 7-0.

Adjourn Meeting

Meeting Adjourned at 8:55 p.m.
___________________________ Mayor-Joe Chow Attest: _______________________________ Interim City Secretary- Christie Wilson