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OFFICIAL ACTIONS OF THE ADDISON CITY
COUNCIL

 

April 24, 2018

Addison Town Hall, 5300 Belt Line Rd., Dallas, TX 75254
5:00 p.m. Executive Session & Work Session 
7:30 Regular Meeting
Present:
Mayor Joe Chow; Mayor Pro Tempore Ivan Hughes; Deputy Mayor Pro Tempore Jim Duffy; Councilmember Al Angell; Councilmember Tom Braun; Councilmember Paul Walden; Councilmember Lori Ward
             
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:
  • 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
  • The letter from the City of Farmers Branch terminating the unmetered sanitary sewer flow for the Sanitary Sewer Basin I that is located in the vicinity west of Inwood Road, south of Belt Line Road, and along Beltway Drive to Midway Road effective May 25, 2018

Section 551.074, Tex. Gov. Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, pertaining to:
  • City Secretary
Executive Session convened at 5:05 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 6:55 p.m.

There was no action taken on The letter from the City of Farmers Branch terminating the unmetered sanitary sewer flow for the Sanitary Sewer Basin I that is location in the vicinity west of Inwood Road, south of Belt Line Road, and along Beltway Drive to Midway Road effective May 25, 2018.

The following motion was made regarding Section 551.074, Tex. Gov. Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, pertaining to: City Secretary:

I move that we appoint Irma Parker as city secretary as discussed in Executive Session- Mayor Pro Tem Hughes; second by Councilmember Angell; motion passed with a vote of 7-0.


Work Session began at 7:01 p.m.
             

WORK SESSION
             
  3.    Present and Discuss the Town of Addison’s Joint Effort with the Cities of Carrollton, Coppell, and Farmers Branch to Solicit Two Requests for Proposals (RFPs) for Debris Removal and Debris Monitoring Services.

Development Services Management Assistant Marissa Paz presented this item to the Council.  She explained that the Town had an opportunity to participate with neighboring cities (Carrollton, Coppell and Farmers Branch) on development of a Request for Proposals (RFP) for Debris Removal and Monitoring Services.  Staff from the four cities are ready to move forward issuing the RFP if Council is in agreement to do so.  Ms. Paz further explained that contracting with a vendor for debris removal services would be on a standby basis and no charges would be incurred unless the Town activated the service.  She reviewed the circumstances around the December 2015 tornado that affected multiple cities in the Dallas area, and how having a service like this in place could only be beneficial should that ever occur in or near Addison.  The monitoring portion of the RFP ensures that State and Federal regulations are followed.  

Council members spoke in favor of moving forward with the plan.
             
  4.    Present and Discuss the Process for Updating the Town's Development Regulations.

Assistant Director of Development Services Charles Goff reviewed with the Council that the City Council’s Strategic Plan for Fiscal Year (FY) 2018 includes a milestone to review Town ordinances and regulations with a focus on modernization in order to facilitate redevelopment. It was estimated that $350,000 would be needed over two years to complete such a project. Accordingly, $175,000 was budgeted in the current fiscal year with the same amount contemplated to be budgeted for FY 2019.

A Request for Proposals was issued with four (4) responses.   Discussions with the preferred consultant revealed that since the Town does not have a Future Land Use Map it would be helpful to add that to the scope of work at an additional cost of $85,000.  Mr. Goff explained that a Future Land Use Map identifies desirable locations for different types of uses, provides general direction for new development and redevelopment, directs future growth, identifies areas for preservation, and can suggest high level design standards.  It was noted that a Future Land Use Map is typically included as a part of a city's Comprehensive Plan, however the Town has never had one.

Council was requested to provide direction from three (3) options: 1) Continue the development regulation review without a Future Land Use Map; 2) Revise the scope of the development regulation review to incorporate development of a Future Land Use Map; 3) Do nothing.  He provided the Pros and Cons of each option.  

During Council's discussion it was pointed out that given the size of Addison and the limited amount of undeveloped areas, it might be better to allow development to be developer driven, allowing for consideration of any type of request.  City Manager Wes Pierson added that a Future Land Use Map could be developed now as part of the review process or when the Town's Comprehensive Plan is updated in the future.  Mr. Goff explained that without the map the development review would be similar to special area studies that have been implemented in the past.

The general consensus of Council was to move forward with the development regulation review without developing a Future Land Use Map. 

Work Session concluded at 7:33 p.m.
Regular Session convened at 7:40 p.m.
             
REGULAR MEETING
             
Pledge of Allegiance
             
  Announcements and Acknowledgements regarding Town and Council Events and Activities
City Manager Wes Pierson reminded everyone that early voting is on-going through May 1st. There will be no regular City Council meeting on May 8th and a special meeting will be held the following week to canvass the election results. Mr. Pierson also recognized Addison's Municipal Court staff for having received Level 1 Court Clerk Certification. Those recognized were Administrator Paula Dale, and Deputy Court Clerks Cheryl Spriggs, Julie Wyatt, and Alice Ramirez. Mr. Pierson expressed congratulations and appreciation to these individuals.

Discussion of Events/Meetings
There will be a DART public hearing at the Renaissance Hotel on Monday May 14th, 6:30 - 8:30 p.m. regarding the Draft Environmental Impact Study for the Cotton Belt Rail Line. The study identifies all potential impacts surrounding the planned rail line.
             
  5. 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.

Benjamin Paquette addressed the Council requesting the Town add "Pickle Ball" lines to the outdoor tennis courts.
             
  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.
             
  6.    Consider Action to Approve the Minutes from the April 10, 2018 Council Meeting and the April 16, 2018 Town Meeting.
             
  7.    Consider Action to Approve a Resolution for an Agreement with Meggitt Training Systems, Inc. for the Indoor Shooting Range Improvements Located at the Addison Police Station and Authorize the City Manager to Execute the Agreement in an Amount not to Exceed $95,368.65.
             
  8.    Consider Action to Approve a Resolution Finding that Oncor Electric Delivery Company LLC’s Application for Approval of a Distribution Cost Recovery Factor Pursuant to 16 Tex. Admin. Code § 25.243 to Increase Distribution Rates within the City Should be Denied; Finding that the City’s Reasonable Rate Case Expenses Shall be Reimbursed by the Company; Finding that the Meeting at Which this Resolution is Passed is Open to the Public as Required by Law; Requiring Notice of this Resolution to the Company and Legal Counsel.
             
  9.    Consider Action to Approve the Quarterly Update from the Finance Committee to the City Council for the Period from January 2018 to March 2018.
             
  10.    Consider Action to Approve a Resolution for Turnkey Landscape and Irrigation Maintenance of the Vitruvian Way Medians, Vitruvian Development Savoye 1 Streetscape, Park Road Right-of-way and Parking Lot Island, Vitruvian Development Savoye 2 Streetscape, Vitruvian Development Fiori Streetscape and related areas, Spring Valley Road/Loos Right-of-way, Spring Valley Road Medians, Redding Trail Connector and George W. Bush Elementary School to Carruther's Landscape Management and Authorize the City Manager to Execute the Agreement in an Amount not to Exceed $57,600.

Motion to approve consent agenda items 6-10- Mayor Pro Tem Hughes; second by Deputy Mayor Pro Tem Duffy; motion passed with a vote of 7-0.
             
Regular Items
             
  11.    Present, Discuss, and Consider Action on a Resolution to Ratify the Agreement to Settle the Lawsuit between the Town of Addison and Landmark Structures I, L.P., Urban Green Energy, and Freese and Nichols, Inc. 

City Manager Wes Pierson advised that this resolution is to ratify the agreement that settled the lawsuit with Landmark Structures.  He added that the wind turbines will be removed as soon as possible however, five (5) days of low-level wind speeds are needed for workers to safely work on the water tower as well as the availability of a crane.  Mr. Pierson explained that the agreement's Exhibit for Scope of Work currently has some blank lines however staff is expecting a letter detailing exactly how the work will be completed in the near future.

Motion to approve- Councilmember Braun; second by Councilmember Ward; motion passed with a vote of 7-0.
             
  12.    Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Establishing Standards of Care for Youth Recreation Programs Conducted by the Town for Elementary Age Children Ages 5 Through 13; Providing for Compliance with Section 42.041(b)(14) of the Texas Human Resources Code.

Assistant Director of Recreation Randy Rogers explained that a Standards of Care public hearing and ordinance adoption are required yearly according to State law.  Adoption of the minimum standards ordinance will allow the Town to conduct youth programs for ages 5 through 13 during the summer and spring break.  The intent is to provide quality recreation programs to the youth and families of the Town.  

The public hearing was opened at 8:00 p.m.  Benjamin Paquette spoke saying he will provide a Pickle Ball class in the gym.  The public hearing was closed at 8:01 p.m.

Motion to approve- Councilmember Walden; second by Deputy Mayor Pro Tem Duffy; motion passed with a vote of 7-0.
             
  13.    Present, Discuss, and Consider the Schematic Design and Funding Alternatives for the Customs and Border Protection Federal Inspection Services Facility and Whether to Include the Airport Administration Offices in the Final Design.

Director of Infrastructure and Development Services Lisa Pyle presented this item.  On January 9, 2018, Council approved an agreement with Page Southerland Page, Inc., (Page) for architectural design services related to the design of a Customs and Border Protection Federal Inspection Services (Customs) facility at Addison Airport. The scope of work for the agreement included the following:
1. A schematic design of the Customs facility to include the airport administrative office combined with the Customs facility.
2. A schematic design of the Customs facility as a separate, stand-alone facility.
3. A detailed, comprehensive cost estimate for each schematic design alternative.

The schematic design for the two options, the customs facility with airport administrative offices or the customs facility as a stand-alone facility, is complete and the cost estimates for each alternative have been developed. The Finance Department has reviewed the cost estimates that Page developed and has provided possible alternatives for funding the facility.

Director Pyles asked for direction from Council on two questions:
1. Should the airport administration offices be included in the final design of the Customs facility?
2. How should the facility be funded?

Page has developed the schematic design for the two options as well as the cost estimates for three alternatives.
Option A: 2-story Customs facility, plus airport office.
Option B, Phase 1: Single-story stand-alone Customs facility.
Option B, Phase 1 & 2: Customs facility and airport administration in separate buildings, built concurrently.

The cost estimates for each option are included below. Included in the total cost is the Customs facility, landside site improvements, airport administration offices where appropriate, airfield ramp and taxiway improvements, demolition costs, Information Technology, security, furniture, and equipment. 

Scope Cost
Option A: 2-story Customs, plus airport office $6,186,248
Option B, Phase 1: Single-story, stand-alone Customs Facility $3,817,254
Option B, Phase 1 & 2: Customs Facility and airport administration office in separate buildings, built concurrently $6,297,340

The Finance Department has reviewed the funds that are available in the Airport fund, accounting for the required 25% reserve balance. The Airport fund has $3,000,000 in excess of the required 25% fund reserve. Therefore, the fund does not have the capacity to pay cash for any of the above options without additional funds from other sources. The Airport fund could support the debt service for any of the options listed from annual operating revenues.

Director Pyles recommended that Option A, 2-story Customs facility with Airport office on the second floor, be designed and built and that 20-year Certificates of Obligation be used to fund the construction of the facility for the following reasons:
a. Using cash from the Airport fund would leave the fund with little ability to fund other priorities, such as local match for TxDOT grants and other capital improvements.
b. Debt service can be supported using annual operating revenues.
c. There is not currently a "front door" at the airport that is easily accessible to visitors and  airport users.
d. The airport administration is currently in leased office space that does not have visibility to the airfield, nor easy access to it.
e. Airport administration's proximity to the Customs ramp will facilitate identification of the user and collection of a fee for Customs services.
f. Option A provides the most efficient use of the space available and leaves space for a future hangar development.
g. All of the options have a negative Net Present Value and negative cash flow because the revenue from the Customs fee alone will not pay for the expenditure. The Net Present Value of Option B, however, is more favorable than Option A by $824,754, even though it is still negative. Option B also has less of an impact on the annual cash flow than Option A
by $83,330. Option B, however, does not achieve other goals.

Council discussion included the size of the proposed office space as well as the number of current airport employees who would office there.  The Mayor spoke in favor of Option A using 20-year certificates of obligation.  City Manager Pierson reminded Council that the airport is an Enterprise Fund, meaning it is self-sustaining.  He added that there are other projects that the $3,000,000 in the Airport fund could be used for and this will give that flexibility.  He also reminded Council that there is a legal advertising process to notify the public that must be followed when issuing certificates of obligation.

Motion to approve Option A and funding the debt service out of the operating revenue- Councilmember Angell; second by Deputy Mayor Pro Tem Duffy; motion passed with a vote of 7-0.
             
  14.    Present, Discuss, and Consider Action on the Design of Improvements to Sanitary Sewer Basin I that is Located in the Vicinity West of Inwood Road, South of Belt Line Road, and along Beltway Drive to Midway Road.

Lisa Pyles, Director of Infrastructure and Development Services, presented this item.  She advised that in 1964, an agreement between the Town of Addison and the City of Farmers Branch allowed Addison to direct its sanitary sewer flows through Farmers Branch's sanitary sewer lines to the Trinity River Authority's (TRA) sewage treatment plant.  The term of the agreement was 50 years, renewable for additional 50-year periods at Addison's option. 

When Addison's west side began to develop, the Town asked Farmers Branch for additional flow capacity in the sanitary sewer lines to accommodate the development growth.  Farmers Branch refused the request and the dispute resulted in a lawsuit between the two cities.  Subsequently, Addison and Farmers Branch entered into discussions on an interim agreement that would allow Addison to continue to send its sewage flow to the Farmers Branch system and on the construction of a sewer tunnel that would convey the then current and future flows from both cities to the treatment plant.  The agreements stipulated the amount of flow that Addison could send to the Farmers Branch system and the associated fee for that service that was based on 120% of the rate being charged to Farmers Branch by TRA.  The agreement left in place one unmetered basin.  For the right to send sewage from that basin through Farmers Branch's sanitary sewer system to TRA, Addison was required to pay Farmers Branch an amount equal to 80% of the amount of the customer accounts of water consumption, times the then current TRA rate.  The last interim agreement expired on November 6, 1995.  The sanitary sewer tunnel was completed in 1996.  

Once the sewer tunnel went into service, Addison's west side sanitary sewer flow was directed into that facility except the flow in Basin I (then called the Beltwood portion of the Farmers Branch Creek Basin), which is bordered by Inwood Road to the east, Belt Line Road to the north, Beltwood Parkway to the west, and Addison's city limits to the south.  An agreement for this portion of the basin was never executed but Addison has continued to pay Farmers Branch for the use of their system based on the formula as outlined in the last executed agreement.

In October 2017, Farmers Branch notified Addison that the unmetered flows in Basin I will need to be metered or a new agreement with Farmers Branch will be needed.  On January 11, 2018, Addison requested to begin discussions with Farmers Branch on a new agreement to allow Addison’s sewage to flow through Farmers Branch’s system to Trinity River Authority. 

On January 15, 2018, Farmers Branch notified Addison that the Town would need to work with TRA to install a metering station that would eliminate unmetered access points into their system.  On March 24, 2018, Farmers Branch sent a letter to Addison requiring the Town to either divert the flow or install a TRA deduct meter by May 25th, at which time the line would be capped if either of these conditions are not met. Staff has been working with a consultant engineer to determine the best alternative for this improvement.  Three alternatives have been considered: 
 
Alternative  Description
A A new TRA approved metering station to measure sanitary sewer flows discharged into the Farmers Branch system
B A new gravity sewer collection line to re-route sewer flows away from the Farmers Branch system to adjacent Addison basin already connected to Trinity River Authority (TRA) meter station
C A new lift station and force main pipeline to re-route sewer flows away from the Farmers Branch system into an adjacent Addison sewer basin that is connected to a TRA meter station

Staff considered two options in Alternative A, A-1 and A-2.  Alternative A-1 involved the installation of a metering station at the current location where Addison’s flow enters the Farmers Branch system.  Alternative A-2 involved a new metering station that would discharge metered sewage directly into TRA’s system.  A-2 would necessitate negotiating with Farmers Branch for the use of their public right-of-way to connect to the TRA system.  Therefore, this option was rejected and was not included in the cost estimating or the Business Case Evaluation. 
 
There were two options in Alternative B also.  B-1 involved constructing 4,654 linear feet of gravity line via an open cut in Beltway Drive to connect to Addison’s existing sanitary sewer system at Midway Road.  B-2 involved constructing 3,405 linear feet of gravity line via trenchless construction behind buildings through easements that would need to be negotiated with the private property owners.  The construction cost of B-2 was estimated but the option was not included in the Business Case Evaluation discussed below due to the uncertainty of the cost and time to obtain easements from the private property owners.
 
There were two options in Alternative C, with the only difference being the ultimate location of the lift station and subsequent length of piping needed.  The construction cost of both options were developed and both were included in the Business Case Evaluation.

The estimated cost for each alternative is as follows:
 
Alternative Description Total Cost*
A-1 Construct metering station $1,377,388
B-1 Gravity flow using Beltway Drive $1,617,513
B-2 Gravity flow using easements to be acquired $1,466,714**
C Lift station, gravity flow line, and force main line $746,603-$772,764
*Cost includes capital costs and design of plans and specifications, contract administration, construction testing and inspection, estimated land acquisition, and associated costs.
**The cost of the easements on private property behind the buildings has not been estimated or included in this cost due to the uncertainty of the cost and time to obtain easements from the private property owners. 

Staff considered several goals in analyzing the alternatives:
  1. The alternative that presents the best business case
  2. The alternative that redirects the flow out of the Farmers Branch system and into an existing TRA metered basin
  3. The alternative that has the lowest life-cycle costs for on-going operations, maintenance, and refurbishment
  4. The alternative that allows for future growth with no permission needed from other jurisdictions
Staff conducted a Business Case Evaluation that showed that Alternative B-1 is the most cost effective alternative, even though the initial cost is higher than the other alternatives.  Alternative B-1 has the lowest life-cycle costs related to on-going operations, maintenance, and refurbishment costs.   Ms. Pyles also presented non-financial factors for consideration that included construction time, noise level, maintenance and right-of-way issues, to name a few. 

Based on the information presented, Director Pyles recommended Alternative B-1, the gravity flow using Beltway Drive be designed and constructed. If so directed, staff will bring an engineering design contract for the design of Alternative B-1 to Council for consideration on May 22, 2018.  The design is expected to take six months with construction time being approximately ten months with anticipated completion being in the summer of 2019.

A question was raised as to the size of the line being installed.  The design consultant who was present stated it will be a 15" line which will be large enough to handle future redevelopment of the Inwood area.  

Motion to authorize [and concur with] Option B-1- Mayor Pro Tem Hughes; second by Councilmember Ward; motion passed with a vote of 7-0.
             
  15.    Present, Discuss, and Consider Action on an Ordinance to Amend the Town's Annual Budget for the Fiscal Year Ending September 30, 2018 to Provide Funding for Construction of the Wing Aviation Apron Connector and the Claire Chennault Street Driveway Reconstruction at Addison Airport.

Chief Financial Officer Olivia Riley reviewed the purpose of this budget amendment ordinance.  Along with other adjustments within the Airport Fund, it will provide an additional $186,000 funding from the Fund Balance of the Airport Fund for the construction of the Wing Aviation Apron and the Claire Chennault Street project.

Motion to approve- Councilmember Ward; second by Councilmember Angell; motion passed with a vote of 7-0.
             
  16.    Present, Discuss, and Consider Action on a Resolution to Approve an Agreement with Advanced Transol Consultants, LLC, for the Construction of the Wing Aviation Apron Connector at 4555 Glenn Curtiss to Taxiway Uniform and 4554 Claire Chennault Street Driveway Reconstruction at Addison Airport and to Authorize the City Manager to Execute the Agreement in an Amount not to Exceed $385,804.

Airport Director Joel Jenkinson presented this item.  He advised that at the February 28, 2017 Council meeting, Council approved a conventional hangar lease agreement between the Town and Wing Aviation Charter Services, LLC, for commercial aviation use on property located at 4555 Glenn Curtiss. There is no direct pavement connector from the hangar ramp to Taxilane Uniform; taxilane access is available only through the ramp of an adjoining property that is leased to another tenant. Because of this situation, and as a condition of the lease, the Airport agreed to construct a connector from the Wing Aviation hangar ramp to Taxilane Uniform within 18 months from the commencement date of the lease, which was March 1, 2017.  The scope of the project will include the taxilane connector and storm drain improvements on the south side of Taxilane Uniform from the Wing Aviation ramp west to Taxiway Alpha.
 
While the design of the Wing Aviation connector was underway, the tenant at 4554 Claire Chennault notified the Airport management that the concrete driveway that serves the tenant’s property had failed. Staff investigated and determined that repair of the driveway is the airport's responsibility. The pavement failure resulted from an inadequate and poorly designed drainage pipe running under the driveway. The scope of work includes concrete pavement and drainage improvements, which is similar to the work required for the Wing Aviation connector. In order to take advantage of economies of scale, staff decided to include this work in a single bid package with the Wing Aviation connector.
 
Plans and specifications for the project were released as Bid #18-22 and were due on February 6, 2018. The engineer's estimate for this project was $448,536 for the Wing Aviation connector and $68,046 for the driveway repair, for a total of $516,582. Three bids were received with the lowest responsive bidder being Advanced Transol Consultants, LLC with as estimate of $385,804.  The Finance Department has reviewed the Airport Fund and determined there is approximately $3,000,000 in excess of the required 25% reserve to use for projects.  The budget amendment was approved in the previous agenda item No. 15 to allocate funds in FY 2018 for this project. 

Motion to approve- Mayor Pro Tem Hughes; second by Councilmember Walden; motion passed with a vote of 7-0.

 

Meeting Adjourned at 8:58 p.m.
 
___________________________
Mayor-Joe Chow

Attest:


_______________________________
Interim City Secretary- Christie Wilson

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