Agenda



REGULAR MEETING & WORK SESSION OF THE CITY COUNCIL March 10, 2020 ADDISON TOWN HALL 5300 BELT LINE RD., DALLAS, TX 75254 6:00 PM EXECUTIVE SESSION & WORK SESSION 7:30 PM REGULAR MEETING


	1.	Call Meeting to Order


	2.	Closed (executive) session of the Addison City Council pursuant to: Section 551.071, Tex. Gov. Code, to conduct a private consultation with its attorney pertaining to: Bigelow Arizona TX-344, Limited Partnership D/B/A Suites of America and/or Budget Suites of America v. Town of Addison, Cause No. DC-19-09630, 191st Judicial District, Dallas County District Court.


	3.	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.


WORK SESSION


	4.	Present and Discuss a Draft Asset Management Policy.


REGULAR MEETING


Pledge of Allegiance


		Announcements and Acknowledgements regarding Town and Council Events and Activities Discussion of Events/Meetings


		Public Comment. The City Council invites citizens to address the City Council on any matter, including items on the agenda, except public hearings that are included on the agenda. Comments related to public hearings will be heard when the specific hearing starts. Citizen comments are limited to three (3) minutes, unless otherwise required by law. To address the Council, please fill out a City Council Appearance Card and submit it to a staff member prior to the Public Comment item on the agenda. The Council is not permitted to take any action or discuss any item not listed on the agenda. The Council may choose to place the item on a future agenda.


		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.


	5.	Consider Action to Approve the Minutes of the February 25, 2020 City Council Meeting.


	6.	Consider Action to Approve an Ordinance Amending Chapter 22 - Businesses of the Code of Ordinances by Adding Article VIII, Short Term Rentals, in order to Amend Regulations for Short Term Rentals.


	7.	Consider Action on a Resolution to Approve a License Agreement with Elan Addison Grove Apartments Owner, L.P. for the Use of a Portion of the Town's Right of Way and Easement Area Adjacent to Belt Line Road and Authorize the City Manager to Execute the Agreement.


	8.	Consider Action on a Resolution to Approve a Contract Agreement Between the Town of Addison and Groves Electrical Services, Inc., for the Vitruvian West 2 Streetscape Improvements Project and Authorize the City Manager to Execute the Agreement in an Amount Not to Exceed $293,332.


Regular Items


	9.	Hold a Public Hearing, Present, Discuss, And Consider Action on an Ordinance Changing the Zoning on Property Located at 5100 Belt Line Road Suite 532, Which Property is Currently Zoned PD, Planned Development, Through Ordinance 012-002, by Approving a Special Use Permit for a New Restaurant. Case 1811-SUP/Cinnaholic.


	10.	Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Changing the Zoning on a 31-Acre Property Located at 5100 Belt Line Road, Which Property is Currently Zoned PD, Planned Development, Through Ordinance O12-002, by Amending the Development Plans for a New Office Building with Ground Floor Retail. Case 1807-Z/Village on the Parkway.


	11.	Present, Discuss, and Consider Action on an Ordinance Granting a Meritorious Exception from the Code of Ordinances Chapter 62 for Addison Pet Yard, Located at 15003 Inwood Road, in Order to Permit a 454.5 Square-Foot Mural on the East Facade.


	12.	Present, Discuss, and Consider Action on an Ordinance Granting a Meritorious Exception for Elan Addison Grove, Located at 4150 Belt Line Road, from the Code of Ordinances, Chapter 62 Sections 62-162. – Premises Signs and 62-186. - Monument Signs, in Order to Permit an Additional Wall Sign on the East Facade of the Building and a Monument Sign Setback 17.8 Feet From the Back of the Belt Line Road Curb.


	13.	Present, Discuss, and Consider Action on an Ordinance Amending Various Sections of the Code of Ordinances Relating to Fees for Environmental Health Related Permits, Licenses, and Inspections.


Adjourn Meeting


NOTE: The City Council reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including §551.071 (private consultation with the attorney for the City); §551.072 (purchase, exchange, lease or value of real property); §551.074 (personnel or to hear complaints against personnel); §551.076 (deployment, or specific occasions for implementation of security personnel or devices); and §551.087 (economic development negotiations). Any decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session.

Posted: __________________________________
Irma Parker, City Secretary
DATE
Time:

THE TOWN OF ADDISON IS ACCESSIBLE TO PERSONS WITH DISABILITIES. PLEASE CALL (972) 450-7090 AT LEAST
48 HOURS IN ADVANCE IF YOU NEED ASSISTANCE.


Work Session and Regular Meeting		Item # 4.
Meeting Date:	03/10/2020
Department:	City Manager
Pillars:	Excellence in Asset Management
Milestones:	Effectively utilize and promote the Silver Line development with a first mile/last mile solution Continuously improve processes and policies to include the voice of the customer and ensure the policies are easily accessible

AGENDA CAPTION:
Present and Discuss a Draft Asset Management Policy.
BACKGROUND:
In Fiscal Year 2017, Council directed Staff to initiate the development of an Asset Management Plan to assist in managing the Town's assets. To date, Staff has completed a number of vital steps in this process: A Request for Qualifications was issued resulting in the engagement of Kayuga Solutions, Inc. (Kayuga) to assist the Town in the development of the plan. Kayuga was founded to develop asset management plans for public agencies. They have worked with numerous domestic and international clients in asset inventory, condition assessment, risk management, lifecycle modeling and other asset management related activities. Staff and Kayuga developed the Town's asset inventory and assessed each asset's condition. The asset information was loaded into a software program called IRIS (Infrastructure Reinvestment Intelligence System). This software allows users to develop various cost models related to the maintenance, rehabilitation and replacement of assets. The Council approved a software license and maintenance agreement for a Computerized Maintenance Management System (CMMS) to store records of an asset's work history and understand the life-cycle cost of asset ownership. In order to build upon the progress made to date, Council will discuss a draft Asset Management Policy that: Establishes the scope and framework for the Asset Management Plan. Establishes key definitions regarding Asset Management. Establishes principles regarding sustainability, resiliency, transparency, communication and fiscal responsibility. Defines roles and responsibilities for Council, the City Manager, the Chief Financial Officer, and Department Directors regarding Asset Management.
RECOMMENDATION:
Staff requests direction from Council.

Attachments
Presentation - Draft Asset Management Policy
Policy - Asset Management (draft)


Work Session and Regular Meeting		Item # 6.
Meeting Date:	03/10/2020
Department:	Development Services

AGENDA CAPTION:
Consider Action to Approve an Ordinance Amending Chapter 22 - Businesses of the Code of Ordinances by Adding Article VIII, Short Term Rentals, in order to Amend Regulations for Short Term Rentals.
BACKGROUND:
Short Term Rentals are generally defined as renting a home or a portion of a home for stays of less than 30 days. Given the popularity of apps such as Airbnb, the use of short term rentals in residential areas has increased. In an effort to maintain the quality of the Town's residential neighborhoods, City Council adopted the Short Term Rental regulation Ordinance in March 2019, with a Sunset Review indicating Ordinance expiration on April 30, 2020 unless extended by Council. At the Work Session on February 11, 2020, staff presented the City Council with an update on Short Term Rental regulations and enforcement to date. Based on the direction received, Staff has prepared the attached amendments to the original Ordinance to increase the registration fee to $115, to remove utility bills as proof of primary residence, and an extension of the Sunset Review provision until April 30, 2021.
RECOMMENDATION:
Administration recommends approval.

Attachments
Ordinance - Short Term Rentals Amendments 2020


Work Session and Regular Meeting		Item # 7.
Meeting Date:	03/10/2020
Department:	Development Services

AGENDA CAPTION:
Consider Action on a Resolution to Approve a License Agreement with Elan Addison Grove Apartments Owner, L.P. for the Use of a Portion of the Town's Right of Way and Easement Area Adjacent to Belt Line Road and Authorize the City Manager to Execute the Agreement.
BACKGROUND:
Elan Addison Grove is working to complete construction of the multifamily and ground floor retail component of the Addison Grove development. In order to make the necessary sidewalk improvements along Belt Line Road with the grading of the site, the developer had to install a retaining wall spanning 355 feet 9 inches from Oak Street toward Magnolia Street. The eastern most portion of the retaining wall, 156 square feet, encroaches into the Belt Line Road Right-of-Way and the Town's utility easement. The wall design was approved during the Town's civil review process, constructed in conjunction with the sidewalk, and does not impede pedestrian or vehicular traffic. Elan Addison Grove also agrees that if the Town has to perform any work that would impact this portion of the wall, the Town would not be responsible for any damage nor will it be responsible for replacing the wall if such is damaged and needs to be replaced or rebuilt. The Town does agree to take ordinary care not to unnecessarily damage the wall.
RECOMMENDATION:
Administration recommends approval.

Attachments
Resolution - Elan Addison Grove License Agreement


Work Session and Regular Meeting		Item # 8.
Meeting Date:	03/10/2020
Department:	Public Works

AGENDA CAPTION:

Consider Action on a Resolution to Approve a Contract Agreement Between the Town of Addison and Groves Electrical Services, Inc., for the Vitruvian West 2 Streetscape Improvements Project and Authorize the City Manager to Execute the Agreement in an Amount Not to Exceed $293,332.

BACKGROUND:

The purpose of this item is to award a construction contract to Groves Electrical Services, Inc., as the low bidder for Vitruvian West 2 Streetscape Improvements in the Vitruvian Phase 5, Block 200B, part of the Vitruvian Park development. The streetscape improvements will be installed around the southwest corner of the Vitruvian Development, extending from that point north on Marsh Lane and northeast on Vitruvian Way.

Icon Consulting Engineers, Inc., (Icon) completed the design in October 2019 and the project was posted to BidSync on November 13, 2019 and closed on November 22, 2019. The Town received four bids. The bid comparison can be found in the attached bid tabulation document. A breakdown of the bids is provided below:

Bidder	Amount
Groves Electrical, Inc.	$293,332.00
JB & Co Construction, Ltd.	$328,093.10
Northstar, Inc.	$380,729.00
Texas Standard Construction, Ltd.	$495,133.21

Groves Electrical Services, Inc., (Groves) has been determined to be the lowest responsible bidder. Icon checked Groves’ references and recommends that they be awarded the contract. Groves has done many projects with the Town and has always performed their duties well.

The contract value for this project is $293,332 and is budgeted in the Vitruvian Bond Funds. Per the contract, the time allotted for the construction is 90 working days.

The scope of work for project improvements includes installation of 7 to 9 feet wide new enhanced sidewalks, pavers, Americans with Disabilities Act (ADA) compliant ramps, street lighting, landscaping, irrigation system, and streetscape improvements. These improvements will be installed in phases as the commercial site is developed so as to minimize the damage to the newly installed infrastructure while the buildings are being constructed.

Funding for this Item is available in the 2012 Vitruvian Bond Funds. The engineer's opinion of probable cost was $322,589.06. The total amount allocated to the Vitruvian Development Phase 5 is $4,780,852. The project is within the allocated amount for Phase 5.

RECOMMENDATION:

Administration recommends approval.

Attachments
Resolution - Contract Agreement with Groves Electrical Service Inc.
Vitruvian Master Plan
Site Layout
Site Plan Exhibit
Bid Packet - Solicitation 20-17 Vitruvian Park Public Infrastructure Phase 5, Block 200 B (Streetscape)
Bid Proposal - Groves Electrical Service Inc.
Interested Parties Form 1295


Work Session and Regular Meeting		Item # 10.
Meeting Date:	03/10/2020
Department:	Development Services

AGENDA CAPTION:
Hold a Public Hearing, Present, Discuss, and Consider Action on an Ordinance Changing the Zoning on a 31-Acre Property Located at 5100 Belt Line Road, Which Property is Currently Zoned PD, Planned Development, Through Ordinance O12-002, by Amending the Development Plans for a New Office Building with Ground Floor Retail. Case 1807-Z/Village on the Parkway.
BACKGROUND:
COMMISSION FINDINGS: The Addison Planning and Zoning Commission, meeting in regular session on February 18, 2020, voted to recommend approval of an amendment to the existing Planned Development District, zoned through Ordinance O12-002, to amend development plans in order to allow development of a new 31,006 square foot office building with ground floor retail subject to the following conditions: If valet services are provided, the property owner shall require the use of “park & stroll” or similar concepts that allow customers to drop off and pick up their car from any valet stand on the property. If valet services are provided, then the property owner shall require the use of technology to allow customers to request their vehicle prior to arriving at the valet stand. The applicant shall make the southernmost driveway on the east as a right out only and the southernmost driveway on the west as a right in only and install additional landscaping. The applicant shall remove seven parking spaces within the visibility triangle south of the driveway to Dallas Parkway adjacent to Suite 600. Voting Aye: Catalani, Craig, DeFrancisco, Meleky, Resnik, Souers Voting Nay: none Absent: Wheeler SPEAKERS AT THE PUBLIC HEARING: none Please refer to the attached staff report for additional information on this case.
RECOMMENDATION:
Administration recommends approval.

Attachments
Ordinance - 1807-Z
Staff Report - 1807-Z
1807-Z Plans


Work Session and Regular Meeting		Item # 11.
Meeting Date:	03/10/2020
Department:	Development Services

AGENDA CAPTION:
Present, Discuss, and Consider Action on an Ordinance Granting a Meritorious Exception from the Code of Ordinances Chapter 62 for Addison Pet Yard, Located at 15003 Inwood Road, in Order to Permit a 454.5 Square-Foot Mural on the East Facade.
BACKGROUND:
Addison Pet Yard is a commercial redevelopment project located at 15003 Inwood Road. The project consists of redeveloping the currently vacant one story Sigel’s liquor store building into a two story pet-centric commercial retail plaza, containing the Fish Gallery as the main anchor tenant, a dog daycare tenant with an outdoor run, and two additional retail/office spaces geared toward pet oriented uses. While the project is still in the early stages of construction, the applicant would like to extend the east façade and build a new wall specifically to provide a large mural visible from Inwood Road. The mural consists of a large yellow dog against a multicolor background, without any wording or targeted advertising. The mural is proposed at 18 feet wide and 25 feet and 3 inches tall for a total area of 454.5 square feet. The Sign Code, Chapter 62 of the Code of Ordinances, states the following: Section 62-33. – Meritorious exceptions. (d)(3) The council may consider appeals on the basis that such regulations and/or standards will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship or on the basis that the proposed improvement although falling under the definition of a "sign," constitutes art that makes a positive contribution to the visual environment. The applicant is requesting a meritorious exception to allow a mural on the east façade of the existing building in order to provide a more pleasing visual experience, on and off the property. In interpreting the meritorious exception language, it can be difficult to distinguish between art and signage. All art technically meets the Code's definition of a sign. Staff bases its recommendation based on whether or not the art is directly related to the business offerings on the property. Since the services intended on this property are pet and dog related, Staff believes that this mural constitutes a sign, and, therefore, does not warrant a meritorious exception.
RECOMMENDATION:
Administration recommends denial.

Attachments
Ordinance - Addison Pet Yard Meritorious Exception
Application - Addison Pet Yard


Work Session and Regular Meeting		Item # 12.
Meeting Date:	03/10/2020
Department:	Development Services

AGENDA CAPTION:
Present, Discuss, and Consider Action on an Ordinance Granting a Meritorious Exception for Elan Addison Grove, Located at 4150 Belt Line Road, from the Code of Ordinances, Chapter 62 Sections 62-162. – Premises Signs and 62-186. - Monument Signs, in Order to Permit an Additional Wall Sign on the East Facade of the Building and a Monument Sign Setback 17.8 Feet From the Back of the Belt Line Road Curb.
BACKGROUND:
Elan Addison Grove is the new multifamily development located approximately at 4150 Belt Line Road. The developer, Greystar, is in the process of obtaining their final Certificate of Occupancy, with leasing efforts already underway. From past experience throughout the Town, directional signage for parking plays an important role in functionality and efficiency of a site. In an effort to increase visibility and usability of the parking garage, which will provide parking for both residents and retail customers, the developer is requesting two parking signs on the east façade of the building. One such sign, a blade sign facing north and south, has already been approved through the sign permit processing; however, the second sign is not allowed by the Sign Code. The Sign Code, Chapter 62 of the Code of Ordinances, regulates wall signs as follows: Sec. 62-162. - Premises signs. (a)All attached signs must be premises signs (b)Metal backing is required for all attached wall signs. Wood backing is prohibited. (c)There shall be only one sign for each facade for each tenant. The applicant is requesting a meritorious exception for an additional 30.22 square foot wall sign on the east façade of the building, facing east. Additionally, because of this property’s grade changes, in order to complete the required sidewalk improvements along Belt Line Road, the developer had to install a retaining wall along the southern edge of the sidewalk. As a result, between the retaining wall, the underlying utilities, and the parking spaces along the frontage, there is not sufficient room to erect a standalone monument sign. In an effort to provide the most visibly appealing solution, the developer has proposed to install vertical, one inch thick, 18 inch tall, aluminum letters spelling Addison Grove on top of a portion of the retaining wall, with an effective area of 33 square feet. This type of a sign would be consistent with the Sign Code regulations except for the setback requirement. The Sign Code, Chapter 62 of the Code of Ordinances, regulates monument signs as follows: Sec. 62-186. - Monument signs. Monument signs shall be built on a monument base as opposed to a pole base with no separation between the base of the sign and natural grade. A monument sign contains only the name, logo, address and product or service of the establishment. No advertising or promotional information is permitted thereon. Such sign may be single-faced or double-faced. Plastic faces may be used on monument signs provided only the letters, numbers or logo elements emit light. The monument sign shall be located on site and a minimum of 20 feet from the back of the curb. Such signs shall be constructed as follows: The sign with base shall not exceed six feet in overall height above the natural or average grade and the actual sign face shall not exceed 48 square feet in area per side. Multitenant monument signs shall not exceed eight feet in overall height above the natural grade, the actual sign face shall not exceed 72 square feet in area per side, and no single tenant shall occupy more than 36 square feet of sign area per side. The applicant is requesting a meritorious exception for this 33 square foot monument sign setback 17.8 feet from the back of the Belt Line Road curb instead of the required 20 feet. Staff believes that these requests are in line with the considerations listed under the Meritorious Exception section in that they provide a positive contribution to the visual environment, where as the proposed monument sign is actually smaller than an typical monument sign, as well as guard against overly controlled signage, where as restrictions on parking signage have led to patrons not being able to find available parking.
RECOMMENDATION:
Administration recommends approval.

Attachments
Ordinance - Elan Addison Grove Meritorious Exception
Application - Elan Addison Grove


Work Session and Regular Meeting		Item # 13.
Meeting Date:	03/10/2020
Department:	Development Services

AGENDA CAPTION:
Present, Discuss, and Consider Action on an Ordinance Amending Various Sections of the Code of Ordinances Relating to Fees for Environmental Health Related Permits, Licenses, and Inspections.
BACKGROUND:
The Town charges a variety of fees for Environmental Health related functions. These fees cover the costs of various activities such as food services licensing and inspections, including mobile food vendors, liquid waste hauler licensing and inspections, and public and semi-public pool inspections. These fees were last reviewed and increased in 2010. During the Fiscal Year 2020 budget process, Staff conducted a review of the fees charged by our comparator cities and found that the fees currently charged by the Town are much lower. To establish new fee amounts, Staff looked to the average of the Town's comparator cities and established new fee amounts that are higher than what is being charged currently, but in most cases are below the average of the other cities. When the fees were originally brought forward for adoption, the Council requested to hold additional discussion. Staff presented proposed fee increases to the Council on January 28, 2020. At that time, the Council requested that Staff reconsider the fee structure and amounts to maintain some consideration for the size of the establishment as well as its categorization. The revised fee structure and amounts were presented on February 25, 2020 and the Council directed Staff to bring the revised fees forward for adoption. These new fee amounts are anticipated to bring approximately $56,925 in new revenue to the Town. These new fees will be used to partially fund a new Senior Environmental Health Specialist to assist with the Town's Environmental Health related functions. The new fees will go into effect on May 1, 2020.
RECOMMENDATION:
Administration recommends approval.

Attachments
Ordinance - Environmental Health Fees