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2017-07-11 CC Agenda Packet
_ City of Farmers Branch Farmers Branch City Hall /�,� Y 13000 Wm Dodson Pkwy �\ Farmers Branch, Texas 75234 FARMERS Meeting Agenda -Final BRANCH City Council Tuesday, July 11, 2017 6:00 PM Council Chambers Study Session Meeting to be held at 3:00 PM in the Study Session Room A. STUDY SESSION A.1 17 -531 Discuss regular City Council meeting agenda items. A.2 TMP -2257 Receive a report on Sister City activities. A.3 TMP -2258 Discuss external organizational fundraising and oversight. A.4 TMP -2238 Receive an update on the Bond Education Campaign. A.5 TMP -2256 Receive a Legislative Update. A.6 TMP -2255 Discuss Board and Commission list of applicants. A.7 17 -520 Discuss City Council liaison appointments to Community Boards. A.8 TMP -2260 Presentation and discussion on current City requirements for the installation of Solar Panels. A.9 17 -532 Discuss agenda items for future City Council meetings. B. EXECUTIVE SESSION City of Farmers Branch Page 1 Printed on 71612017 City Council Meeting Agenda - Final July 11, 2017 B.1 17 -535 Council may convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to deliberate regarding: • Consultation with City Attorney regarding Texas Commission on Environmental Quality (TCEQ) Report No. 119885 relating to TCEQ Permit Nos. 5383 and 5383A to Town of Addison for use of water in Farmers Branch Creek, pending TCEQ Complaint regarding Farmers Branch Creek. • Consultation with City Attorney regarding application for Amended Permit to Expand Camelot LF (Texas Commission on Environmental Quality MS Permit Application No. 1312B) Council may convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: • Discuss the purchase, exchange, lease, or sale of real property known as property located north of 635, south of Valley View, east of Denton Drive, and west of Webb Chapel. Council may convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding: • Economic Development Incentives for Project Team(s). C. CALL REGULAR MEETING TO ORDER (6 P.M.) D. INVOCATION & PLEDGE OF ALLEGIANCE E. CEREMONIAL ITEMS EA TMP -2227 Presentation of the Farmers Branch Fire Department's 2017 Fire and Life Safety Excellence Award. E.2 TMP -2248 The Farmers Branch Fire Department would like to present Awards of Exemplary Action to 4 lifeguards for help saving the life of a 7 year old male drowning victim. F. REPORT ON STUDY SESSION ITEMS G. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST Pursuant to Section 551.0415 of the Texas Government Code, the City Council or City Administration may report information on the following items: 1) expression of thanks, congratulations or condolences, 2) information about holiday schedules, 3) recognition of individuals, 4) reminders about upcoming City events, 5) information about community events, and 6) announcements involving an imminent threat to public health and safety. City of Farmers Branch Page 2 Printed on 71612017 City Council Meeting Agenda - Final July 11, 2017 H. CITIZEN COMMENTS This agenda item provides an opportunity for citizens to address the City Council on any matter that is not posted on the agenda. Anyone wishing to address the City Council should complete a Citizen Comments Registration Card and submit it to the City Secretary or City Administration prior to the start of the City Council meeting. There is a three (3) minute time limit for each citizen to speak. Anyone wishing to speak shall be courteous and cordial. No disparaging or inflammatory remarks directed at any member of the City Council or City staff will be allowed. The City Council is not permitted to take action on any subject raised by a speaker during Citizen Comments. However, the City Council may have the item placed on a future agenda for action; refer the item to the City Manager and /or City Administration for further study or action; briefly state existing City policy; or provide a brief statement of factual information in response to the inquiry. CONSENT AGENDA 1.1 17 -533 Consider approving minutes of the regular City Council meeting held on June 21, 2017 and the Special Called Retreat Workshop held on June 23, 2017; and take appropriate action. 1.2 TMP -2240 Consider accepting a grant donation for $1,500 from Factory Mutual Insurance Company (FM Global) to the Farmers Branch Fire Department; and take appropriate action. 1.3 R2017 -084 Consider approving Resolution No. 2017 -084 amending the number of members on the Municipal Drainage System Advisory Committee; and take appropriate action. 1.4 ORD -3453 Consider approving Ordinance No. 3453 amending the number of members on the Animal Shelter Advisory Committee; and take appropriate action. 1.5 R2017 -078 Consider approving Resolution No. 2017 -078 authorizing the transfer of a SolarTech Dynamic Message Board /Trailer to the City through a Homeland Security Program Property Transfer from the City of Richardson; and take appropriate action. 1.6 TMP -2249 Consider approving Resolution No. 2017 -052 authorizing an Agreement for Developer Assumption of Texas Department of Transportation Advance Funding Agreement Project with CADG Mercer Crossing Holding, LLC regarding for U -turns lanes on IH635 service road east of Luna Road; and take appropriate action. City of Farmers Branch Page 3 Printed on 71612017 City Council Meeting Agenda - Final July 11, 2017 1.7 TMP -2250 Consider approving Resolution No. 2017 -038 approving a Local Transportation Advance Funding Agreement with the Texas Department of Transportation for the construction of one lane U -turns under IH635 east of Luna Road; and take appropriate action. 1.8 R2017 -083 Consider approving Resolution No. 2017 -083 authorizing approval of the First Amendment to the Dallas County Capital Improvement Project Funding Agreement with Dallas County relative to the Westside Trail Project; and take appropriate action. 1.9 R2017 -077 Consider approving Resolution No. 2017 -077 abandoning a street easement known as Knightsbridge Road north of IH 635, south of Farmers Branch Creek and just west of the railroad; and take appropriate action. 1.10 R2017 -079 Consider approving Resolution No. 2017 -079 authorizing the City Manager to execute an Interlocal Cooperative Buy Board agreement with Groves Electrical Service for the purchase and installation of two generators at the Aquatics Center; and take appropriate action. J. PUBLIC HEARINGS J.1 ORD -3447 Conduct a public hearing and consider adopting Ordinance No. 3447 for a Specific Use Permit for a hotel located at 1520 Mira Lago Blvd.; and take appropriate action. J.2 ORD -3448 Conduct a public hearing and consider adopting Ordinance No. 3448 for a Specific Use Permit for the construction of a detached accessory structure (exceeding 120 square feet) located at 14430 Tanglewood Drive; and take appropriate action. J.3 ORD -3450 Conduct a public hearing and consider adopting the Ordinance No. 3450 for a Specific Use Permit for vehicle sales and vehicle repair located at 13830 Stemmons Freeway, Suite 100; and take appropriate action. J.4 ORD -3451 Conduct a public hearing and consider adopting Ordinance No. 3451 for a Specific Use Permit for a research laboratory located at 1501 LBJ Freeway, Suite 100; and take appropriate action. J.5 ORD -3452 Conduct a public hearing and consider adopting the Ordinance No. 3452 for a Specific Use Permit for off - premise wine sales located at 13612 Midway Road, Suite 331 -1, and take appropriate action. K. REGULAR AGENDA ITEMS City of Farmers Branch Page 4 Printed on 71612017 City Council Meeting Agenda - Final July 11, 2017 K.1 17 -534 Consider annual Board and Commission appointments; and take appropriate action. K.2 R2017 -076 Consider approving Resolution No. 2017 -076 authorizing a unit price contract with Reynolds Asphalt and Construction Company for the Recycling and Resurfacing of Asphalt Streets Project through a Cooperative Purchasing Interlocal Agreement with the City of Grand Prairie; and take appropriate action. K.3 R2017 -080 Consider approving Resolution No. 2017 -080 for a Detailed Site Plan for a townhome development at 13145 Hutton Drive; and take appropriate action. K.4 R2017 -081 Consider approving Resolution No. 2017 -081 for a Detailed Site Plan for a 30.44 acre tract located west of Luna Road and north of Wittington Place; and take appropriate action. K.5 R2017 -082 Consider approving Resolution No. 2017 -082 denying Oncor Electric Delivery Company's application to change rates within the City of Farmers Branch; and take appropriate action. The City Council may convene into executive session at anytime during the Study Session or Regular Session pursuant to Texas Government Code Section 551.071(2) for the purpose of seeking confidential legal advice from the City Attorney on any regular or study session agenda item. L. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION M. ADJOURNMENT Farmers Branch City Hall is wheelchair accessible. Access to the building and special parking are available at the main entrance facing William Dodson Parkway. Persons with disabilities planning to attend this meeting who are deaf, hearing impaired or who may need auxiliary aids such as sign interpreters or large print, are requested to contact the City Secretary at (972) 919 -2503 at least 72 hours prior to the meeting. Certification I certify that the above notice of this meeting was posted at least 72 hours prior to the scheduled meeting time, in accordance with the Open Meetings Act, on the bulletin board at City Hall. Posted by: City Secretary Date posted: City of Farmers Branch Page 5 Printed on 71612017 izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.1 City of Farmers Branch Staff Report File Number: 17 -531 Version: 1 Discuss regular City Council meeting agenda items. Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report City of Farmers Branch Page 1 Printed on 7/6/2017 izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.2 City of Farmers Branch Staff Report File Number: TMP -2257 Version: 1 Receive a report on Sister City activities. Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report BACKGROUND: Councilman Blackson will provide an update regarding the recent Sister City Garbsen, Germany trip he attended. City of Farmers Branch Page 1 Printed on 7/6/2017 izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.3 City of Farmers Branch Staff Report File Number: TMP -2258 Version: 1 Discuss external organizational fundraising and oversight. Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report DISCUSSION: Councilman Terry Lynne requested this item for City Council discussion. A listing of organizations that fundraise on City property is attached. City staff does not currently provide oversight on cash handling, internal control, or financial reporting for these activities. City of Farmers Branch Page 1 Printed on 7/6/2017 6= FARMERS BRANCH MEMORANDUM I wil :4 01 Here is the list of non - profits that fundraise on City property at City events /functions. Tour of Lights (2016) RL Turner Orchestra Firehouse Theater Boy Scout Troop 874 RL Turner Lionettes St. Andrews RL Turner Band Booster Webb Chapel United Methodist Church Farmers Branch Woman's Club Farmers Branch Carrollton Art Association RL Turner Volleyball Booster Girl Scout Troop 7258 Cub Scout Pack 837 Christ 4 Kids Preschool FB Park Board (toy drive) FB Police Explorers FB Rotary Club Brookhaven Garden Club Christian Center Church Boy Scout Troop 713 RL Turner FFA RL Turner Theater Booster Club Chapel Hill United Methodist Church Friends of the Historical Park James A Smith Masonic Lodge Beta Sigma Phi Christ United Methodist Sojourners Class Janie Stark PTA Knights of Columbus Carrollton Farmers Branch Girls Softball Catholic Daughters of the Americas FB Rainbow Girls TOPS Farmers Branch Order of Eastern Star Girl Scout MIS Troop 3199 Halloween in the Park (2016) RL Turner Aquatic Boosters Newman Smith Theater Wishing Furr Homes Royal Haven Baptist Church RL Turner Volleyball Boosters Cabell Elementary School PTA RL Turner Softball RL Turner Band FB Police Explorers Cornerstone Church TOPS (Take Off Pounds Sensibly) Boy Scout Troops Metrocrest Services Additional — FB Woman's Club Knights of Columbus Friends of the Historical Park Rainbow Girls Eastern Star Dallas Rose Society Brookhaven Garden Club North Texas Day Lily Society Boy Scouts of America Valwood Park Baptist Church Vivian Field Middle School Concessionaires at ball fields Baseball Soccer Football Softball DeFeeters Texans izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.4 City of Farmers Branch Staff Report File Number: TMP -2238 Version: 1 Receive an update on the Bond Education Campaign. Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report City of Farmers Branch Page 1 Printed on 7/6/2017 izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.5 City of Farmers Branch Receive a Legislative Update. Staff Report File Number: TMP -2256 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report Staff will be present to provide an update on Texas Legislature initiatives. City of Farmers Branch Page 1 Printed on 7/6/2017 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: TMP -2255 Agenda Date: 7/11/2017 Version: 1 Status: Study Session In Control: City Council File Type: Resolution Agenda Number: A.6 Discuss Board and Commission list of applicants. BACKGROUND: During the June 23, 2017 City Council retreat, the City Council conducted group exercises to narrow the scope of applicants and create a slate list. Council Member Norwood has requested a Study Session item to discuss and review the Library Board slate list. One applicant (Donna Lawless) has changed her original request to serve on Community Watch and now wishes to serve on the Library Board. City Council may wish to review the list of applicants and make this or any other necessary changes to Board appointments. DISCUSSION: The City Council may wish to review and /or amend the slate list of applicants. City of Farmers Branch Page 1 Printed on 71612017 izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.7 City of Farmers Branch Staff Report File Number: 17 -520 Version: 1 Discuss City Council liaison appointments to Community Boards. Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report BACKGROUND: This item has been placed on the agenda for consideration following the recent election. Annually, City Council reviews the list of local organizations and volunteers to serve as a City Council Liaison. DISCUSSION: City Council may designate a Council Member to serve as a Council liaison to local organizations that provide programs and services to the community. ATTACHMENTS: 1. 2016 Liaison List City of Farmers Branch Page 1 Printed on 7/6/2017 2017 CITY COUNCIL COMMUNITY BOARD LIAISON CHART ORGANIZATION COUNCIL STAFF MEETING NOTES LIAISON LIAISON DATES /TIMES Texas Municipal League Mayor & Councilman Lynne Charles Cox Metrocrest Services Councilman Bomgardner Andy July 19, Sept 20th, Nov 15th of 2017 Gillies Jan 24th, Mar 21St, May 23rd, July 181h — 2018 dates Sister City Program Councilman Norwood (Mayor ProTcm) Rachael Johnson NCTCOG Mayor Charles Cox 4th Thursday —12:45 p.m. Dallas County Public Health (Voting Member) Katy Evans Quarterly — 9:30 a.m. Advisory Committee Vacant (Froehlich) Trinity River Authority Council Member Reyes Public Last Wed. — 10 a.m. Every other Works month beginning in February Director DART Mayor & City Manager Charles Cox 2nd & 4th Tues. at 7:00 p.m. (Point of contact - mail information) Metroplex Mayors Committee Mayor & Vacant (Froehlich) Charles Cox 2nd Tues. — 7:30 a.m. North Texas Commission Council Member Reyes John Land Meets quarterly at 2:30 p.m. Board Courtyard Marriott Grapevine 2200 Bass Pro Farmers Branch Chamber of Mayor John Land 2nd Friday — 10:15 a.m. Entire Council invited to Commerce Luncheons * Metrocrest Chamber of Mayor John Land 3rd Wed. at 4 p.m. Entire Council invited to Commerce Luncheons Municipal Judge Committee Mayor & Councilman Lynne Charles Cox & Councilman Bomgardner Travel Expense Review Council Member Reyes & Charles Cox (Review of budgetary items) Committee Councilman Bomgardner & As needed Councilman Lynne Metrocrest Hospital Authority Councilman Lynne Ben 3rd Tuesday at 12:00 p.m. Williamson Dallas Regional Mobility Vacant (Froehlich) 1St Friday — 7:30 a.m. Dallas County Bldg — Stemmons Metrocrest Medical Council Member Reyes Every other month Foundation (Metrocrest 7:30 a.m. Tues. Community Clinic) Regional Transportation Carrollton represents the City since Public 2nd Thurs. — 9:00 a.m. at COG Council: 2 years 2000 (Alternate) Vacant (Froehlich) Works Director *Metrocrest Community Vacant (Froehlich) 4th Thurs. of every other month — Clinic March, May, etc. izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.8 City of Farmers Branch Staff Report File Number: TMP -2260 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report Presentation and discussion on current City requirements for the installation of Solar Panels. BACKGROUND: As requested by Councilman Terry Lynne, Community Services will provide a short presentation on the current City requirements for the installation of solar panels on residential property. POSSIBLE COUNCIL ACTION: No action will be taken on this item. ATTACHMENTS: 1. Presentation City of Farmers Branch Page 1 Printed on 7/6/2017 Solar Panel Design Regulations CC Study Session July 11, 2017 F %1 0 - tw1� FARMERS BRANCH �urrent Regulations Only in Planned Development No. 79 (Branch Crossing) - -- Ordinance No. 3308 Solar Panels are allowed to be placed on roofs subject to the following: • Panels must match the color of the roof as closely as possible; • When possible, panels must be placed at rear rooflines or behind gables or dormers; and • Panels shall be installed in a uniform and consolidated aattern. rA� e eoo7_ -_- "m ter- ~ AN izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: A.9 City of Farmers Branch Staff Report File Number: 17 -532 Version: 1 Discuss agenda items for future City Council meetings. Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Study Session File Type: Report City of Farmers Branch Page 1 Printed on 7/6/2017 4QiN L City of Farmers Branch Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 FARMERS Staff Report BRANC11I File Number: 17 -535 Agenda Date: 7/11/2017 Version: 1 Status: Closed Session In Control: City Council Agenda Number: B.1 File Type: Report Council may convene into a closed executive session pursuant to Section 551.071 of the Texas Government Code to deliberate regarding: • Consultation with City Attorney regarding Texas Commission on Environmental Quality (TCEQ) Report No. 119885 relating to TCEQ Permit Nos. 5383 and 5383A to Town of Addison for use of water in Farmers Branch Creek, pending TCEQ Complaint regarding Farmers Branch Creek. • Consultation with City Attorney regarding application for Amended Permit to Expand Camelot LF (Texas Commission on Environmental Quality MS Permit Application No. 13128) Council may convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: • Discuss the purchase, exchange, lease, or sale of real property known as property located north of 635, south of Valley View, east of Denton Drive, and west of Webb Chapel. Council may convene into a closed executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding: • Economic Development Incentives for Project Team(s). City of Farmers Branch Page 1 Printed on 71612017 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: TMP -2227 Agenda Date: 7/11/2017 Version: 1 Status: Ceremonial In Control: City Council Agenda Number: E.1 File Type: Procedural Item Presentation of the Farmers Branch Fire Department's 2017 Fire and Life Safety Excellence Award. BACKGROUND: In February 2014, the Farmers Branch Fire and Life Safety Excellence Award was created to recognize a Farmers Branch building engineer who exemplifies the highest commitment to the protection of life and property by ensuring a safe work environment for citizens and emergency responders. The building engineer is often the key liaison to the fire department in the event of building evacuations, annual fire prevention inspections, medical emergencies, and more importantly, during building construction and remodel projects. An award nomination committee was selected, comprised of chief officers, to review an engineer's past performance. Nominees for this award were submitted to the awards nomination committee. Each nomination was well deserving of this award, as they exemplified the skills and outstanding collaborative cohesiveness with city officials and fire prevention personnel. The Farmers Branch Fire Department is very proud to announce Mr. Chris Flower as the recipient for the 2017 "Fire and Life Safety Excellence Award ". Chris Flower is the Plant Operations Manager for Dallas Medical Center, located at 7 Medical Pkwy. Mr. Flower has been in the industry for over 25 years, and has been working for Dallas Medical Center for 18 years. Chris currently spends most of his time maintaining a 6 -story, high rise building within the City of Farmers Branch. Mr. Flower has promoted life safety of going beyond for the ownership, hospital staff, volunteers and visitors. He coordinates annual fire and life safety training and stays in constant communication with the City of Farmers Branch Fire Department. Chris carries a contractor license in heating, ventilation, and air conditioning. Chris is also a member of NFPA and is a member of the Texas Hospital Association of Engineers. He is scheduled to take his test certification to become a Certified Hospital Facility Manager. Chris has been instrumental in helping to redesign an energy efficient retrofit /replacement of the mechanical system infrastructure. Chris has worked closely with the design engineers and mechanical company to help maximize the utility efficiencies for the hospital. This will provide redundancy, efficiency and will maximize the comfort for the patients, physicians and staff. Chris's dedication, attention to detail, experience and professionalism is the main reason why Dallas Medical Center is in operation today. His trustworthiness and dedication to his role is City of Farmers Branch Page 1 Printed on 71612017 File Number: TMP -2227 unmatchable. He has a deep passion and commitment to his employer and community and shows in his dedication to his profession. Chris's pursuit of excellence always comes with a smile on his face. Chris also is very involved in the community. Chris has been a member of our past Citizen Fire Academy. He wanted to learn all aspects of what the Farmers Branch Fire Department is capable of doing to provide the safety and security for the citizens, visitors and businesses through progressive public safety programs. Chris is looking forward to attending the grand opening of the Metrocrest Fire Training Tower Facility on August 12, 2017 at the Farmers Branch Fire Station #3 site and having the opportunity to tour the facility. You can see Chris cycling to and from work each day greeting individuals and welcoming others to the community. While cycling, Chris commonly assist others with vehicle problems or flat tires and will stay with them until help arrives. This represents the type of individual that cares for people, the community, and his employer. Chris is a steady, dedicated servant to his profession and puts the operation of the building and its life safety systems as the highest priority, ensuring the safety of all occupants. The Farmers Branch Fire Department recognizes Chris Flower for his diligence and commitment to the protection of life and property at Dallas Medical Center in the City of Farmers Branch. City of Farmers Branch Page 2 Printed on 71612017 co0 C CD T CD P1 S H v 0 CD O c n 3 � 3 "t y N p lD n 7� O� lD � � O 3 -u .iJ O n O 3 01, 1 �J e / �1 f :F 6 O 4A 3 N O �7 r 4 W a. 'o , 4 eln o IN h x co0 C CD T CD P1 S H v 0 CD O c n 3 � 3 "t y N p lD n 7� O� lD � � O 3 -u .iJ O n O 3 01, 1 �J e / �1 f :F 6 O 4A 3 N O �7 r 4 W a. izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: E.2 City of Farmers Branch Staff Report File Number: TMP -2248 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Ceremonial File Type: Ceremonial The Farmers Branch Fire Department would like to present Awards of Exemplary Action to 4 lifeguards for help saving the life of a 7 year old male drowning victim. BACKGROUND: On Thursday, June 15 at approximately 3:05 pm Farmers Branch Aquatic Center "Frog Pond" lifeguards were called into action, saving the life of a 7 year -old boy who was discovered lying motionless under water in the Lagoon. Lifeguard Josette Bowe saw the child under the water, activate the pools emergency procedures, and then entered the water. She was assisted in removing the child from the water by Lifeguards Ricardo Campuzano and Jacob Brown. Once the child was safely on the pool deck, a quick patient assessment was conducted. The child was unresponsive, had a faint pulse and a "few and far between" shallow breaths. With assistance and direction from Andrew Parker, a Summer Funshine Leader, the Lifeguards began CPR. Assisting with patient treatment was Lifeguard Caleb Brown. After three cycles of CPR, the child began breathing and showing movement. The child was placed into the recovery position waiting on the arrival of the Fire Department. Farmers Branch Fire Department E -132 and Medic 133 arrived on location and took over patient care. The child was transported to Medical City Dallas where he was treated and released back to his family. Farmers Branch Paramedic /Firefighters reported that the Lifeguards and Aquatics staff acted professionally, had the patient ready for them to treat and transport, and that they were impressed on how this group of young adults acted and during a very difficult and emotional event like a pediatric drowning. With their quick response to remove the child from the water and then providing immediate first aid, our Frog Pond Lifeguards Bowe, Campuzano, Brown and Brown saved this young boys life. Their direct actions, along with the entire staff of the Aquatics Center and Summer Funshine leaders who were on duty that day are to be recognized as the safety system that they have in place worked. 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Isi: v v+ cu co C CD 0 Cr om v rc cc I v v -N .1] `D 1... t � Nkml �T I� r ♦ #i w� S 4 > 1... t � Nkml �T I� r ♦ #i w� S T > (D O d pfD T N O �_ �• � 3 O N ® vo O { � C m 3 �• rn� 3fDp- O Q C� o 0 N N � O O C 1... t � Nkml �T I� r ♦ #i w� izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: 1.1 City of Farmers Branch Staff Report File Number: 17 -533 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Consent Agenda File Type: Minutes Consider approving minutes of the regular City Council meeting held on June 21, 2017 and the Special Called Retreat Workshop held on June 23, 2017; and take appropriate action. City of Farmers Branch Page 1 Printed on 7/6/2017 City Council Minutes June 21, 2017 4 Farmers Branch 04 Hall City of Farmers Branch 13000VVmClodsonPlcwy Y Farmers Branch, Texas 75234 Meeting Minutes City Council Wednesday, June 21, 2017 6 :00 PM Council Chambers Study Session Meeting to be held at 4:00 PM in the Study Session Roam Presiding: 1 - Mayor Bob Phelps /Mayor Robert C. Dye Present: 5- Deputy Mayor Pro Tern Ana Reyes, Council Member Bronson Blackson, Council Member John Norwood, Council Member Terry Lynne, Council Member Mike Bomgardner Staff: - Charles Cox, City Manager; John Land, Deputy City Manager; Amy Piukana, City Secretary; Pete Smith, City Attorney; Benjamin Williamson, Assistant to City Manager; Tom Bryson, Communications Director; David Hale, Police Chief; Dean Habel, Deputy Police Chief; Andy Gillies, Community Services Director; John Roach, Interim Public Works Director; Steve Parker, Fire Chief; Brian Beasley, Human Resources Director; Sherrelle Evans - Jones, Finance Director; Allison Cook, Economic Development Director, Kevin Muenchow Fleet and Facilities Director; Shane Davis, Environmental Services and Solid Waste Manager A. STUDY SESSION Mayor Phelps called the Study Session meeting to order at 4:00 p.m. A.1 17 -493 Discuss regular City Council meeting agenda items. City Council had no discussion on this item. A.2 17 -510 Receive a report from City Staff regarding the cost and potential use of vendor - supplied, 35- gallon recycling carts in select neighborhoods. Environmental Services and Solid Waste Manager Shane Davis briefed City Council 1 City Council Minutes June 21, 2017 regarding this item. Mr. Davis reviewed the potential cart size options, which were 95 gallons, 65 gallons, and 35 gallons. He stated a 35 gallon recycle cart could potentially cost $42 per cart for an entire rollout or less depending on the number of carts. Mr. Davis explained there might be potential issues with a large number of cart exchanges. Some issues may include tracking, distribution methods and long -term loss of carts, which may require residents to incur charges for any cart(s) requests. Mr. Davis stated Staff's recommendation is to target select neighborhoods with smaller streets such as Oakbrook Parkway HOA and Courtyard Circle. Deputy Mayor Pro Tern Bomgardner had discussion regarding truckload shipments and if they could mix different cart sizes in each load to avoid shipping costs. Mr. Robert Medigovich with CWD replied mixed loads would be available in one shipment. Council Member Lynne had questions regarding cost spent for the 95- gallon recycle bins, amount ordered, number of participants in the program, carts returned and other cities utilizing the landfill. Mr. Davis replied the City ordered approximately 7,000 95- gallon carts, at about $28 a cart. He stated the City has approximately 1,100 participants in the program and about 200 -300 residents chose to opt out of the program. Mr. Davis explained the City of Coppell, Town of Flower Mound and City of The Colony all have similar recycling programs. Council Member Reyes suggested targeting the two specific neighborhoods with small streets. After discussion, Deputy Mayor Pro Tern Bomgardner recommended the City make 500 carts available, and asked City Staff to notify senior citizen residents and allow them first priority with a two -week pick up period. Council Member Blackson asked how the City plans to track these carts. Mr. Davis replied explaining he will work with the Finance Department to create a tracking system. Finance Director Sherrelle Evans -Jones agreed a process could be worked out to create a tracking system. Deputy Mayor Pro Tern Bomgardner suggested allowing senior citizens priority of receiving the smaller carts. Mayor Pro Tern Norwood stated he supports allowing senior citizens priority within a two - week period and targeting the smaller neighborhoods. Mayor Dye stated CWD has an option for elderly residents that may need assistance with carts. Deputy City Manager John Land thanked CWD for being such a great partner in working with the City. A.3 17 -505 Receive a presentation from Brookhaven College Art Department on placement of Art in the Station area. Deputy City Manager John Land briefed City Council regarding this item. Mr. Land explained he, David Moore, and Josh from Western Securities all reached out to Brookhaven College Arts Department to see if they would be interested in participating in City Council Minutes June 21, 2017 a City art project. Assistant Director of Arts Ms. Natalie Macellio led the project with a group of Art students. The Brookhaven Art Students provided a presentation on art concepts and art exhibits for the Farmers Branch Station area. The students each described the symbolic structure. Council Member Lynne asked if the project was limited to just the Station area. Mr. Land replied stating the Station Area is the only location at this item. Council Member Blackson suggested incorporating other languages within the art to represent unity within the entire community. Mayor Pro Tern Norwood asked about costs associated with the project. Mr. Land stated funding is available through the TIF fund and Brookhaven College would manage the project. He explained the students would gain experience by obtaining bids and providing project oversight. City Council thanked the Brookhaven College Students for their efforts and presentation. A.4 17 -521 Receive an update on Multi - Family Development throughout the City. Community Services Director Andy Gillies briefed City Council regarding this item. Mr. Gillies reviewed the number of existing multi - family units, noting we have about 6,004 units within the City of Farmers Branch. He stated the following are upcoming construction projects being considered in addition to the existing units: JPI Landmark constructing 324 units; JPI Knightsbridge constructing 424 units; Riverside Park constructing 136 units; Brickyard 2 constructing 424 units; and Mustang Station 2 constructing 186 units. The total existing and upcoming multifamily will be 7,538 units. Mr. Gillies reviewed the following summary of entitled and approved 2017 Multi Family Summary: Lakeside Lofts 495 units; Dominion 448 units; Royal Hospitality 150 units; JPI Knightsbridge (2) 376 units; Midway Urban Village 586 units; JPI Bridgeview 406 units; DNT 658 units; Mercer Western Rim 1,250; Huffines Boardwalk 500 units; Brickyard (3) 698 units. Mr. Gillies stated the total existing and entitled multi - family units are 13,105 units. Mr. Gillies reviewed Carrollton, Farmers Branch and surrounding area submarkets. He noted the Dallas - Plano- Irving MDA is comprised of 32 separate submarkets. He reviewed maps showing Mr. Gillies concluded his presentation stating he anticipates Farmers Branch would have between 800 -1200 units a year for the next 4 years. Council Member Lynne asked that Developers be required to provide a quality product when constructing future multifamily development. He asked for a future discussion on multifamily requirements. Council Member Blackson stated you could have a life cycle cost feasibility presentation by a Developer. Mr. Gillies replied stating he will bring forward an update to discuss future amenities at the July 2017 Council meeting. Mayor Phelps recessed at 5:18 p.m. City Council Minutes June 21, 2017 A.5 17 -527 Receive a report regarding stagnant residential permits. Due to time constraints, this item was skipped and discussed later in the meeting. A.6 17 -507 Discuss agenda items for future City Council meetings. Mayor Pro Tern Norwood asked for an update regarding the Oncor Steering Committee, Solar Panels, and an update on the TxDOT property. Council Member Lynne asked for an update regarding LED lighting for new residential developments and streetlights. He asked for discussion regarding creation of a Marketing Committee, update on the current Marketing program, and regulations on Air BNB. Deputy Mayor Pro Tern Bomgardner asked for clarification on the payroll fund increase for the month of May. Council Member Reyes asked for an update regarding the Camelot Landfill, Farmers Branch Creek, and on street parking. B. RECEPTION AT 5:30 P.M. (FRONT LOBBY) B.1 17 -522 Reception honoring Mayor Bob Phelps for his years of service on the Farmers Branch City Council and welcome ceremony for Mayor -Elect Robert Dye. Mayor Phelps recessed from Study Session at 5:50 p.m. C. CALL REGULAR MEETING TO ORDER (6 P.M.) Mayor Phelps called the regular meeting to order at 6:03 p.m. D. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Bruce Gregory with Farmers Branch Church of God provided the invocation. Farmers Branch Students Emily and Addison Derrick led the pledge of allegiance and pledge to the Texas flag. E. CEREMONIAL ITEMS E.1 R2017 -075 Consider approving Resolution No. 2017 -075 canvassing the election returns of the June 10, 2017 Runoff Election for Mayor; and take appropriate action to include swearing in of duly elected City Council member. Mayor Phelps read aloud Resolution No. 2017 -075, canvassing and declaring the results of the June 10, 2017, runoff election for the office of Mayor. Motion made by Mayor Pro Tern Norwood to approve Resolution No. 2017 -075, as presented. Motion seconded by Council Member Council Member Blackson. Motion prevailed by the following vote: 4 City Council Minutes June 21, 2017 Aye: 5- Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Blackson, Council Member Reyes, and Council Member Lynne E.2 17 -526 Presentation recognizing former Mayor Bob Phelps for his years of service on the Farmers Branch City Council. Mayor Pro Tern Norwood provided Mayor Bob Phelps with a plaque and 15 -year pin for his years of service as Mayor noting he is the longest serving Mayor in the history of Farmers Branch serving five terms. E.3 17 -509 Farewell remarks from former Mayor Bob Phelps and welcome remarks from newly elected Mayor Robert Dye. Former Mayor Bob Phelps expressed his appreciation and gratitude to the residents of Farmers Branch and to City Administration for all the support. F. REPORT ON STUDY SESSION ITEMS Council Member Bomgardner provided a report on Study Session items. G. CITY MANAGER'S REPORT AND ITEMS OF COMMUNITY INTEREST The City Manager provided the following report: • County singer Melissa Ratley will entertain the crowd at the Farmers Branch Market this Saturday from 9 a.m. til 1 p.m. Nearly 40 vendors will be selling everything from produce and meats to eggs, artisan food and crafts. Ms. Ratley is expected to take the stage at 10 a.m. Find out more at farmersbranchmarket.com. • Our community will come together in celebration on Monday, July 3 for the annual Independence Day festivities at the Farmers Branch Historical Park. Gates will open at 6:30 p.m. and admission is free. The popular, high- energy band, "Inside Out" will return to provide music for the event. Additionally, there will be a free KidZone area, concessionaires selling festival favorites and more. The traditional low -level fireworks show will conclude the evening after dark. For more information, visit fbspecialevents.com. • Also, please note that most City of Farmers Branch offices and facilities will be closed on Tuesday, July 4, in observance of the Independence Day Holiday. There will be a few exceptions — the Rec Center and Natatorium will both be open from 6 a.m. to 5 p.m.; Historical Park from 8 a.m. to 5 p.m.; and the Frog Pond from 12 noon to 6 p.m. Additionally, and this is important — GARBAGE AND RECYCLING WILL BE COLLECTED ON REGULARLY SCHEDULED ROUTES THAT DAY. For more information, call us at City Hall at 972.247.3131. • We do want to remind everyone that the City Council will meet in regular session one time in July, that is on Tuesday, July 11 at 6 p.m., here at City Hall. • You can sign up for eNews at farmersbranchtx.gov to have current City news and information delivered directly to your eMail box. H. CITIZEN COMMENTS The following citizens wished to speak under citizen comments: Resident Vickie Harrison spoke reviewing the current procedures for citizen comments and expressed concerns with elected officials responding to Citizen Comments noting these statements become public record and pumitive action should be taken if rules are broken. She urged Council to discuss this at the Friday City Council retreat. She urged Council to City Council Minutes June 21, 2017 be congenial with citizens, noting her name was spoken last week with statements that in her opinion violated the City Charter rules. She asked Council to follow proper procedures during meetings, pursue sexual harassment training, and follow the code of ethics. CONSENT AGENDA 1.1 17 -523 Consider approving minutes of the regular City Council meeting held on June 6, 2017; and take appropriate action. 1.2 17 -524 Consider accepting a donation from Fars Branch resident, Charlotte Ray, in the amount of $2,500 to be used for Fire Fighter safety screenings and Police Officer safety equipment; and take appropriate action. Motion made by Council Member Lynne to approve Consent item I. 1, and 1.2, as presented. Motion seconded by Council Member Blackson. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Blackson, Council Member Reyes, Council Member Lynne J. PUBLIC HEARINGS J.1 ORD -3449 Conduct a public hearing and consider adopting Ordinance No. 3449 amending the Standards of Care; and take appropriate action. Parks and Recreation Director Jeff Harting briefed City Council regarding this item. Mr. Harting explained the Farmers Branch Youth Programs Standards of Care are annually adopted by ordinance and have historically included information pertaining to medication administered by staff. Current Standards of Care prohibit staff administering any injections including EpiPens. An EpiPen is an epinephrine auto injector for people with life threatening allergic reactions. Mr. Harting explained City Administration has received requests by youth program participant parents /guardians to re- evaluate the prohibition of EpiPen administration by staff. The request is specifically that employees working with youth programs be allowed to administer an EpiPen in a life threatening allergic situation. Staff talked with the Fire Department, Risk Management, and the City Attorney and believes it is prudent to allow properly trained staff to administer an EpiPen in a life threatening allergic situation. He explained the Fire Department believes the risk of not administering an EpiPen in a life threatening situation far outweighs the minimal risk of administering when /if not actually needed. Further, the Fire Department believes training can be adequately provided to allow staff, including part time staff, to safely administer an EpiPen. He explained training would be provided by the Fire Department and a waiver would have to be signed by parents /guardians. Council Member Blackson asked if insulin injections were included. Chief Parker explained insulin injections falls under a chronic illness, and these injections would not be provided. City Council Minutes June 21, 2017 Council Member Lynne asked about Staff training and if a certification would be issued. Chief Parker replied that the Fire Department will provide training on how to recognize signs of anaphylactic shock and a training card would be issued and kept on file. Council Member Reyes thanked Staff for updating the policy and recognized the Ms. Hale and her son Jacob who were in attendance. Ms. Hale spoke expressing appreciation to City Council for updating their policy to making it safer for all kids. Mayor Dye opened the public hearing. The following citizen(s) wished to speak: Resident Cynthia, who resides on Birch Lawn Street spoke expressing appreciation to their policy and providing this option of extra safety for her child who attends the Summer Funshine program at the Recreation Center. Motion made by Deputy Mayor Pro Tern Bomgardner to close the public hearing and adopt Ordinance No. 3449, as presented. Motion seconded by Council Member Lynne. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Blackson, Council Member Reyes, Council Member Lynne K. REGULAR AGENDA ITEMS K.1 R2017 -074 Consider approving Resolution No. 2017 -074 authorizing the Mayor to execute an Agreement of Cooperation for Community Development Block Grant Program with Dallas County for a period of three years; and take appropriate action. Interim Public Works Director John Roach briefed City Council regarding this item. Mr. Roach explained CDBG funds have been used for sidewalk, water and sewer replacements and street reconstruction. He introduced Mr. Rick Loessberg, the Director of Planning and Development for Dallas County, who briefed City Council regarding this item. Council Member Norwood asked what the program differences are, clarification regarding three year term, and why the policy is written with excessive force language. Mr. Loessberg explained the three year contract terms are by statue. He explained the CDBG Home Consortion is offered to cities with less than 50,000 population and noted the other state funding options are available for smaller cities who wish to participate alone. He explained the CDBG Home Consortion Program received about $2 million that was split with other cities, noting Farmers Branch received approximately $200,000 last year. He further stated the wording "excessive force" and "not barring entrances and exits" is a HUD requirement for all contracts to ensure civil rights. Council Member Lynne asked if the City submits a list of projects and how funding is allocated. Mr. Loessberg explained the City applies and every two years when funding becomes available, the County provides the City by formula a funding amount. He explained these projects are usually infrastructure related. City Council Minutes June 21, 2017 Council Member Blackson asked what projects in the past have been utilized by these funds. Mr. Cox explained Shoredale water and sewer, Bee Street sidewalks and sewer, Dennis Lane sidewalks and many more have been funded by the CDBG program. Motion made by Mayor Pro Tern Norwood to approve Resolution No. 2017 -074, as presented. Motion seconded by Council Member Lynne. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Blackson, Council Member Reyes, Council Member Lynne K.2 17 -482 Receive a mid -year update from Metrocrest Community Clinic. Ms. Lisa Rigby Executive Director with Metrocrest Community Clinic briefed City Council regarding this item. She provided the Metrocrest Vision and Mission. She explained her main focus is on preventive disease. She noted Metrocrest provides Dental, Radiology /Imaging, Pharmacy Medical Management, Chronic Disease Management, Women's Health, Primary Care, Mental Health care and Prevention. She stated about 25% of patients come from Farmers Branch. She explained the Clinic has received a 40% increase in visits for healthcare. Ms. Rigby reviewed the cost of benefits, which indicated 556 total number of Farmers Branch residents served. She explained costs have increased, and requested an increase of $3,000 this year, for a total amount of $15,000 in nonprofit funding from the City of Farmers Branch. Council Member Reyes stated thanked Ms. Rigby and noted many individuals have lack of medical access, with significant life changes. She asked how the City can be more helpful. Ms. Rigsby replied stating the clinic could work staff to provide education to residents and park use. K.3 17 -525 Receive a mid -year update form the Farmers Branch Chamber of Commerce. Farmers Branch Chamber of Commerce President Nanette Foght provided an update regarding mid -year services. Ms. Foght reviewed the following events the Farmers Branch Chamber has helped host: • Networking opportunities through lunch and learns • Ribbon cutting events • Annual evening of excellence • Annual Back the Blue & Fireman, too event • Youth Leadership Programs • Annual Golf Tournament • Annual Clay Shoot Mayor Dye recessed at 7:31 p.m. recessed and reconvened at 7:46 p.m. to discuss Study Session Agenda Item A.5. A.5 17 -527 Receive a report regarding stagnant residential permits. City Council Minutes June 21, 2017 Building Official Hugh Pender briefed City Council regarding this item. Mr. Pender explained the City currently utilizes the 2015 International Residential Code (IRC). He explained the original 1976 Uniform Building Code (UBC) stated applications for which no permit had been issued should expire 180 days following the application. No local amendments have been made addressing applications or plan review. Mr. Pender reviewed the 2015 International Residential Code(IRC) which states "every permit shall become invalid unless the work authorized is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced." He noted the City of Farmers Branch has a local amendment to R105.5 of the 2015 IRC which states "every permit issued shall become invalid unless the work authorized by such permit is commenced within 90 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 90 days after the time the work is commenced." This amendment goes on to establish a final expiration of all residential permits of 365 days. It does allow 30 day extensions of the final expiration with justifiable cause. Mr. Pender explained Building permits are considered a "ministerial act ". Permit applications cannot be withheld if they meet the minimum criteria to be issued. He noted 252 Residential remodel permits issued last year (June 2016 - 2017), approximately 5 with lack of activity issues. (2 %) Mr. Pender explained the following proposed solutions could be considered: 1) Could charge a re- instatement fee for permits taking longer than 90 days or 180 days. Fee could be weighted or tiered based upon progress or lack thereof. 2) Could turn stagnant projects over to Code Enforcement Officers for correction notice. Could result in a court citation, which is typically more expensive than the permit itself. 3) Could consider charging an upfront, non - refundable plan review deposit. Currently, there is no upfront charge to start the permit process. He explained by having upfront fees, it may discourage those projects that tend to be less serious. 4) Could create a period in which all exterior items need to be completed. Items such as exterior siding and painting (weather protection). He recommended no changes be made to the existing process. Council discussed scaling permits and basing fees on valuation and types of permits.. Mayor Pro Tern Norwood explained we want to encourage redevelopment and cautioned against adding a blanket fee. He stated the problem is homes that sit for a period with no progress. He urged the City to enforce through liens or citations, instead of adding a blanket fee. After discussion, Mr. Gillies stated he will work with staff to create a definition for "inactive projects" and draft a Code enforcement policy for Council to review. City Council recessed into Executive Session at 8:39 p.m. L. EXECUTIVE SESSION City Council Minutes June 21, 2017 L.1 17 -508 Council may convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: • Discuss the purchase, exchange, lease, or sale of real property located north of 635, south of Valwood Parkway, east of 135, and west of Webb Chapel Road. Council may convene into a closed executive session pursuant to Section 551.072 of the Texas Government Code to deliberate regarding: • Economic Development incentives for a prospective development at 12877 Josey Lane. City Council reconvened into Regular Session at 9:03 p.m. M. TAKE ANY ACTION NECESSARY AS A RESULT OF THE CLOSED EXECUTIVE SESSION No action was taken as a result of Executive Session. N. ADJOURNMENT Mayor Pro Tern Norwood made a motion to adjourn the meeting. Motion seconded by Council Member Lynne. Motion prevailed by the following vote: Aye: 5- Mayor Pro Tern Norwood, Deputy Mayor Pro Tern Bomgardner, Council Member Blackson, Council Member Reyes, Council Member Lynne The meeting was adjourned at 9:06 p.m. SIGNED: Mayor 10 ATTEST: City Secretary City Council ;1!! FARMERS BRANCH Minutes City of Farmers Branch Meeting Agenda - Final City Council Minutes Friday, June 23, 2017 9:00 AM Strategic Planning Retreat Presiding: 1 - Mayor Robert C. Dye June 23, 2017 Heritage Two Conference Center 5001 LBJ Freeway Dallas, Texas 75244 Present: 5- Mayor Pro Tern John Norwood, Deputy Mayor Pro Tern Mike Bomgardner, Council Member Bronson Blackson, Council Member Terry Lynne, Council Member Ana Reyes Staff: - Charles Cox, City Manager; John Land, Deputy City Manager; Amy Piukana, City Secretary; Pete Smith, City Attorney; Sara Egan, Records Management Coordinator; Benjamin Williamson, Assistant to City Manager; Rachael Johnson, Assistant to the City Manager; Tom Bryson, Communications Director; Dean Habel, Deputy Police Chief; Andy Gillies, Community Services Director; John Roach, Interim Public Works Director; Steve Parker, Fire Chief; Gabe Vargas, Deputy Fire Chief; Brian Beasley, Human Resources Director; Sherrelle Evans - Jones, Finance Director; Allison Cook, Economic Development Director, Kevin Muenchow Fleet and Facilities Director; Shane Davis, Environmental Services and Solid Waste Manager; Alexis Jackson, Planning Manager; La' Jeana Thomas, Executive Assistant, Hugh Pender, Building Official; Jeff Harting, Parks & Recreation Director A. CALL TO ORDER City Manager Charles Cox called the Strategic Planning Retreat meeting to order at 9:04a.m. City Manager Charles Cox briefed City Council regarding today's schedule and introduced Facilitator Randy Pennington. Mr. Pennington reviewed the definition of Management verses Leadership. Today is about Leadership. The purpose is to move 1 City Council Minutes June 23, 2017 toward a mission, a vision and a set of guiding principles. The Strategic Planning Session is designed to focus on big picture policy rather than day to day. He noted the final result must reflect key actions to move forward on the guiding principles. He noted this is a very broad perspective. Deliverables at the end of the day would be reviewed and confirm the direction to guide staff. Mr. Pennington asked the audience for ground rules. Councilman Lynne stated have an open mind and no preconceived agenda. B. REGULAR AGENDA ITEMS B.1 17 -512 Welcome and Introductions City Manager Charles Cox opened the meeting and introduced Facilitator Randy Pennington. B.2 17 -513 Review Agenda and Goals for the day. Facilitator Randy Pennington reviewed the agenda and goals for the day. B.3 17 -511 Discuss City Council Standards of Civility and Decorum. City Manager Charles Cox explained currently the City does not have a policy on City Council Standards of Civility and Decorum. He further stated these types of policies are hard to enforce due to First Amendment rights. Mr. Cox explained the current procedure is to provide applicants running for office the Code of Fair Campaign Practice form which is provided by the Texas Ethics Commission. Councilman Norwood expressed concerns regarding negative campaigning from the recent Mayoral race. He explained he did not endorse either candidate. He explained in his opinion, it is best remain neutral and not support any one candidate. He urged City Council to works as a team and not endorse a candidate. Councilman Bomgardner stated he did endorse a candidate, but in the future will remain neutral and agreed with Councilman Norwood. City Council discussed the option of signing a pledge to remain neutral on candidate endorsement. Councilman Blackson stated he is open to a pledge to remain neutral on candidate endorsement if that is the direction of the majority of City Council. Councilwoman Reyes stated she disagrees with a pledge of non - endorsement of a candidate. She stated these are open seats within the community. She noted she has personally experienced discrimination in the past and does not wish to be silent in the future when it comes to supporting a good candidate. Councilman Lynne explained he supports moving forward and stated he has pledged support to new elected Mayor Dye. City Council Minutes June 23, 2017 Mayor Dye stated he understands the reasons for endorsement, and expressed gratitude to Councilman Bomgardner for being honest about stating he supported his opponent upfront. Mayor Dye explained he has met with all City Council to share his vision for Farmers Branch. He stated being positive, having a vision and moving the City forward is his primary goal. He urged future leaders to not engage in negative campaigning City Council discussed procedures for Citizen Comments. City Attorney Pete Smith explained the City Council is limited in response to comments due to the topic, noting it may not be listed on the agenda. After discussion, Councilman Bomgardner suggested having an agenda item closer to election time to encourage fair campaign practice and compliance with the Code of Ethics. He also suggested restrictions of City Council Members from meeting with Developers. Mr. Cox replied stating it's the perception of being seen with the Developer. Deputy City Manager John Land encouraged Council to utilize City Hall (a public building) when meeting with Developers. B.4 17 -514 Discuss the role of Boards & Commissions and review the Boards & Commissions applicant list. City Manager Charles Cox provided an overview regarding Boards and Commissions, noting some boards are not moving forward, and seem to be struggling. He asked City Council to review each board and the expectations. He explained the boards' purpose is to provide advice and recommendations to assist City Council with direction. He asked City Council to specify if they prefer Council /Board Liaisons or if they prefer Board updates. Councilman Blackson explained when he served on the Planning and Zoning Commission, he did not feel he had clear direction and supports clear communication from City Council to include joint meetings. Councilman Lynne suggested a quarterly update. He stated he will serve as the Liaison to the Senior Advisory Board. Council discussed the option of combining the Parks and Historical Park Boards, but decided to maintain the existing configuration. Mayor Dye suggested City Council attending periodic board meetings to hear feedback and stay on top of each board. He asked City Council to provide clear directions for the boards. Councilman Norwood stated boards influence spending within the City. He also suggested obtaining feedback and providing guidance. Mr. Cox stated he holds quarterly lunches with all Board and Commission Chairs. He stated clear direction could be given during those meetings. Councilman Norwood asked Mr. Cox to invite Council to attend. City Council agreed that the following key boards provide updates to City Council: Animal Advisory Board and Zoning Board of Adjustment /BOA — Updates annually. Community Watch, Senior Advisory, Library — Updates biannually. City Council Minutes June 23, 2017 P &Z, Sustainability, Historical Park, Parks & Recreation — Updates quarterly. Councilman Blackson suggested the creation of a Community Arts Committee, suggesting checking with other cities to see if similar boards have been created. Councilman Lynne suggested creating a Marketing Committee. City Council created a slate list utilizing sticker preference for each board. Then, preferences were analyzed and City Council recommended amending the following board structures: • Municipal Drainage System Advisory Committee — Council recommended increasing the size of this board by one member. • Animal Shelter Advisory Committee — Council recommended increasing the size of this board by one member. The slate list is as follows: ANIMAL SHELTER ADVISORY COMMITTEE COMMUNITY WATCH COMMITTEE Place Top Candidates: Term Expires 2 Robert Dye (Mayor) 6/30/2019 5 Becky Fisher - Reappoint 6/30/2019 7 Lib Grimmett- Reappoint 6/30/2019 New Catherine McManus 6/30/2019 COMMUNITY WATCH COMMITTEE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION Place Top Candidates: Term Expires 1 Richard Russell 6/30/2019 4 Charles Barton - Reappoint 6/30/2019 5 Wanda Barker 6/30/2018 FARMERS BRANCH LOCAL GOVERNMENT CORPORATION 4 Place Top Candidates: Term Expires I Robert Dye 6/30/2019 2 Bronson Blackson 6/30/2019 3 John Land 6/30/2019 4 Steve Parker 6/30/2019 5 Pam DeHon 6/30/2019 4 City Council Minutes June 23, 2017 HISTORICAL PRESERVATION & RESTORATION BOARD LIBRARY BOARD Pi Top Candidates: Term Expires 1 Lisa Neumeyer 6/30/2019 2 Bill Stolp 6/30/2019 7 Bitsy Laney- Reappoint 6/30/2019 9 Tamara Cleghorn 6/30/2018 10 Gail Cope 6/30/2019 11 KayLynn Lyon- Reappoint 6/30/2019 LIBRARY BOARD MUNICIPAL DRAINAGE SYSTEM ADVISORY COMMI Pl Top Candidates: Term Expires 1 Natasha Moser 6/30/2019 2 Jennifer Bauer 6/30/2019 6 Whitney Thomas 6/30/2019 7 Weber Baker 6/30/2019 9 Jessica Rodriguez 6/30/2019 11 Rick Lyon - Reappoint 6/30/2019 MUNICIPAL DRAINAGE SYSTEM ADVISORY COMMI PARKS & RECREATION BOARD Plac Top Candidates: Term Expires 1 Amy Rogers (Resident) 6/30/2019 2 Mike Sheaffer (Business)- Reappoint 6/30/2021 4 Berry Grubbs (Development)- Reappoint 6/30/2021 5 John Norwood (Council) 6/30/2021 New Todd Womble (Resident) 6/30/2021 New James Dan Heard (Resident/Altemate) PARKS & RECREATION BOARD Pl Top Candidates: Term Expires 2 Marc Traynor 6/30/2019 4 Jan Wooldridge- Reappoint 6/30/2019 6 Christine Dimon 6/30/2019 City Council Minutes June 23, 2017 8 Pat Thompson- Reappoint 6/30/2019 10 Barbara Leedy- Reappoint 6/30/2019 PLANNING AND ZONING COMMISSION SENIOR ADVISORY BOARD Pi Top Candidates: Term Expires 1 M. Jared Sullivan 6/30/2020 4 Linda Bertl 6/30/2020 8 Giovanni Zavala 6/30/2020 9 Sergio De Los Santos- Reappoint 6/30/2020 SENIOR ADVISORY BOARD SUSTAINABILITY COMMITTEE PI Top Candidates: Term Expires 2 Ruth Fuls 6/30/2019 3 Sharon Aston 6/30/2019 4 Phillip Joe Wallen- Reappoint 6/30/2019 11 James Tom Wooldridge- Reappoint 6/30/2019 SUSTAINABILITY COMMITTEE TAX INCREMENT FINANCING I & II PI Top Candidates: Term Expires I Vanessa Serrano 6/30/2019 8 Amy Rogers 6/30/2018 TAX INCREMENT FINANCING I & II PI Top Candidates: Term Expires 1 John Norwood 6/30/2019 2 Hugh Pender 6/30/2019 3 Terry Lynne 6/30/2019 4 Steve Parker 6/30/2019 5 Mike Bomgardner 6/30/2019 6 Joe Dingman 6/30/2019 7 Charles Cox 6/30/2019 City Council Minutes June 23, 2017 ZONING BOARD OF ADJUSTMENT NORTH DALLAS WATER SUPPLY CORPORATION Pi Top Candidates: Term Expires 5 Michael Rogan - Reappoint 6/30/2019 2 John Tarleton - Reappoint 6/30/2019 6 Robin Bernier (Alternate)- Reappoint 6/30/2019 NORTH DALLAS WATER SUPPLY CORPORATION 13.5 17 -515 Receive a presentation and discuss the results of the 2017 Resident Satisfaction Survey. Assistant to the City Manager Ben Williamson provided a PowerPoint presentation regarding the 2017 Resident Satisfaction Survey. Mr. Williamson reviewed the respondent demographics, educational attainment data, school locations, retirement ratings (82.6 %), and quality of service to residents (78.8 %). He reviewed the Fire Department, noting the City received 22 pages worth of compliments, with 3,262 inspections and 4,710 calls for service. Mr. Williamson reviewed the Police Department results noting the City received 21 pages worth of compliments with a 4:09 response time, and 20,341 calls for service. Mr. Williamson explained the data shows that City of Farmers Branch has a very low crime risk. He reviewed Animal Services noting they received 2,583 field service calls, with 1,183 animals taken in, nearly 100% adoption rate with 3,642 Facebook followers. Mr. Williamson reviewed the Code Enforcement statistics noting they had 6,969 Code Enforcement cases, 80% voluntary compliance rate, with an average closure of 17.5 days, 80% of cases were initiated by staff and 14% resulted in a citation. He reviewed Library Services, stating 60% of respondents had visited the Library, 163, 949 people walked through the Library's doors, 710 events were hosted by the Library, with an excellent to good range of 84% to 94% for performance metrics. Mr. Williamson reviewed the Parks and Recreation strengths and opportunities noting the City has over 28 parks with 259.13 acres, held over 6,898 recreation center class registrations with 63,439 senior Center program attendance and 36,395 Aquatics Center attendances. Mr. Williamson reviewed the Special Events, stating there were 12 events, with 68,211 attendees. He reviewed Communication results, explaining they received excellent feedback and will soon have an updated website. Mr. Williamson reviewed Trash & Recycling noting the City had an 84% participation rate in the recycling program with 20,079.09 tons of trash collected, with 1,807,048 tons of recycling collected. He reviewed the Retail Gap (51%) and the Revitalization Gap (38 %), noting the Economic Development statistics are 9 Demo /Rebuild applications were approved, five properties sold, exceeding the goals from the 2016 -17 Strategic Plan. Mr. Williamson explained residents will be surveyed again in 2019, noting the City has set the bar high. 13.6 17 -516 Review Fiscal Year 2016 -17 Strategic Plan. Pl Top Candidates: Term Expires 6 Sherrelle Evans -Jones 1/1/2019 13.5 17 -515 Receive a presentation and discuss the results of the 2017 Resident Satisfaction Survey. Assistant to the City Manager Ben Williamson provided a PowerPoint presentation regarding the 2017 Resident Satisfaction Survey. Mr. Williamson reviewed the respondent demographics, educational attainment data, school locations, retirement ratings (82.6 %), and quality of service to residents (78.8 %). He reviewed the Fire Department, noting the City received 22 pages worth of compliments, with 3,262 inspections and 4,710 calls for service. Mr. Williamson reviewed the Police Department results noting the City received 21 pages worth of compliments with a 4:09 response time, and 20,341 calls for service. Mr. Williamson explained the data shows that City of Farmers Branch has a very low crime risk. He reviewed Animal Services noting they received 2,583 field service calls, with 1,183 animals taken in, nearly 100% adoption rate with 3,642 Facebook followers. Mr. Williamson reviewed the Code Enforcement statistics noting they had 6,969 Code Enforcement cases, 80% voluntary compliance rate, with an average closure of 17.5 days, 80% of cases were initiated by staff and 14% resulted in a citation. He reviewed Library Services, stating 60% of respondents had visited the Library, 163, 949 people walked through the Library's doors, 710 events were hosted by the Library, with an excellent to good range of 84% to 94% for performance metrics. Mr. Williamson reviewed the Parks and Recreation strengths and opportunities noting the City has over 28 parks with 259.13 acres, held over 6,898 recreation center class registrations with 63,439 senior Center program attendance and 36,395 Aquatics Center attendances. Mr. Williamson reviewed the Special Events, stating there were 12 events, with 68,211 attendees. He reviewed Communication results, explaining they received excellent feedback and will soon have an updated website. Mr. Williamson reviewed Trash & Recycling noting the City had an 84% participation rate in the recycling program with 20,079.09 tons of trash collected, with 1,807,048 tons of recycling collected. He reviewed the Retail Gap (51%) and the Revitalization Gap (38 %), noting the Economic Development statistics are 9 Demo /Rebuild applications were approved, five properties sold, exceeding the goals from the 2016 -17 Strategic Plan. Mr. Williamson explained residents will be surveyed again in 2019, noting the City has set the bar high. 13.6 17 -516 Review Fiscal Year 2016 -17 Strategic Plan. City Council Minutes June 23, 2017 Mr. Williamson reviewed the City's Mission Statement and Vision. He stated the 2016 -17 Strategic Plan Structure is based on 10 guiding principles. He noted the City had 62 Department Goals, 90 Key Activities and 192 Key Deliverables. Mr. Williamson provided an overview of the measured initiatives. Council Member Lynne asked out of the surveys provided, how many duplicate responses were received from one single address, and asked how more residents could participate in the future. Mr. Williamson replied out of the surveys only 20 had duplicate responses based on IP addresses. He explained the City's goal is to increase our participation rate and reach out to all age groups. Mayor Pro Tern Norwood suggested hosting an event with apartment complexes to help them gain awareness of the surveys. After discussion, Mr. Williamson reviewed the FY 16 -17 Strategic Plan with City Council. B.7 17 -517 Discuss Farmers Branch vision statement and updates to the FY 17- 18 Strategic Plan. Mr. Pennington led the discussion on the Farmers Branch vision statement and updates to the FY 17 -18 Strategic Plan. He asked the Council to consider a long term vision for the City. The City Council split into small groups with City Staff and Mr. Pennington conducted exercises to create future ideas for the look, feel, and act of the community. Councilman Lynne suggested having a citizen survey to allow residents to rate City Council on accessibility. Mr. Pennington suggested changed Council Goals for under Acts with Ethics and Integrity to (2) Transparency & Accountability & Respect. After discussion, Deputy Mayor Pro Tern Bomgardner suggested adding the word Diversity to the Guiding Principle on Highest Quality Workforce. B.8 17 -518 Discuss Council Priorities and Direction. Mr. Pennington summarized the retreat asking each Council Member what is the most important priority and direction. Councilwoman Reyes stated the Bond Program is priority for her, she expressed appreciation for City Administration and asked that another compensation analysis be performed for Public Safety employees. Mayor Dye stated his priority is to amend the English -only Resolution and unite the Community. Deputy Mayor Pro Tern Bomgardner stated he wants to see executed projects and more focus on the future. City Council Minutes June 23, 2017 Councilman Blackson stated his priority is to keep the City moving forward in a positive direction and for City Council to be unified as a team to accomplish this goal. Mayor Pro Tern Norwood stated his priority is to help improve the City Council's reputation and promote the City's many accomplishments. C. ADJOURNMENT There being no further business, Mayor Dye adjourned the meeting at 4:23 p.m. SIGNED: Mayor ATTEST: City Secretary 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: TMP -2240 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.2 File Type: Donation Consider accepting a grant donation for $1,500 from Factory Mutual Insurance Company (FM Global) to the Farmers Branch Fire Department; and take appropriate action. BACKGROUND: Farmers Branch Fire Department Prevention Division received from Factory Mutual Insurance Company (FM Global), a fire prevention grant in the amount of $1500.00. FM Global hopes the additional funding will strengthen fire prevention efforts to ultimately and more effectively prevent fire, the leading cause of property destruction worldwide. During the past forty years, FM Global has awarded millions of dollars in funding to fire departments and related agencies worldwide. With a shared philosophy that the majority of property loss is preventable -not inevitable -we can make a difference in preventing the frequency and severity of fire together. Farmers Branch Fire Department plans on purchasing a new Nikon D570 Digital single -lens reflex camera with accessories for fire prevention use to replace a 2005 Nikon camera. RECOMMENDATION: Staff recommends acceptance of the grant to purchase camera and accessories. POSSIBLE COUNCIL ACTION: 1. Motion to accept the donation to the fire department from FM Global in the amount of $1500.00 for the purchase of a camera and accessories. 2. Motion to accept the donation to the fire department from FM Global in the amount of $1500.00 for the purchase of a camera and accessories, with modifications. 3. Motion to table the issue for further study or take no action. ATTACHMENTS: 1. Donation letter from FM Global dated June 30, 2017. City of Farmers Branch Page 1 Printed on 71612017 June 30, 2017 Deputy Chief Dedear Farmers Branch Fire Department 13333 Hutton Dr. Farmers Branch, Texas 75234 Dear Deputy Chief Dedear: FM G I aI' 2�� Factory Mutual Insurance Company 1151 Boston- Providence Turnpike P.O. Box 9102 Norwood, MA 02062 USA T: 781 255 4000 F: 781 255 4024 www.fmglobal.com Congratulations. Your grant application for an FM Global fire prevention grant stood out among the hundreds we received and we will be funding $1500. We hope the additional funding will help to strengthen your efforts to ultimately, and more effectively prevent fire —the leading cause of property destruction worldwide. In the coming weeks you will be contacted by an FM Global representative to set up a formal presentation. In the meantime, award checks will be mailed to your attention for your immediate use. Please feel free to use the attached news release that we've prepared for you to promote news media interest —be it in advance of or after the formal presentation. During the past 40 years, FM Global has awarded millions of dollars in funding to fire departments and related agencies worldwide. With a shared philosophy that the majority of property loss is preventable —not inevitable —we can make a difference in preventing the frequency and severity of fire... together. Once again, congratulations on your recent fire prevention grant awarded by FM Global, one of the world's largest commercial property insurers. If you have any questions regarding your award, please feel welcome to e -mail me. Best wishes for continued success in your fire prevention endeavors. Michael Spaziani Assistant Vice President Manager - Fire Service Programs CC: Carter Whiteside - Dallas Operations 17 -042 - Farmers Branch Fire Department J.P*Morgan a.. I. aI, I, tupu�IhrI�Il�hlnlgplNIIp .INI.,I I'll q,INl4 BO155BPMX 17175 - NNNNNNNNNNNNW10U.iM1MNRC()0010151 FARMERS BRANCH FIRE DEPARTMENT 13333 HUTTON DR. FARMERS BRANCH TX 75234 3.:LL4]HilgYfl�l:IF7c \i[7. I Date Payment Gmp CllecklAtiv ce No 0627 -2017 W0 5FM1 0027700.920 Soeial Security No. I Parficipatffs Name Paymem Amount X %X- XX -xxX FARMERS BRANCH FIRE DEPARTMENT $1,500.00 JP. Morgan MI GLOBAL FOIIWDpTWK FAY FARMERS BRANCH FIRE DEPARTMENT TO THE 13333 HUTTON DR. ORDER OF FARMERS BRANCH TX 75234 .WorlI R #i #RRi•iR1RR1RY RRt tt ONE THOU! PAYEEMUSr FER$PMOk ENCHR El'ACI1YASDMWN CNECAOMWN ON IPMORGAN CHASE BANK NA ,NEW Y00.A, NY 616007019 1-2 0027704920 210 AMOUNT Not Payable Prior to **$1,500.00 ** as -27 -eon Mr) ANDY tK)tJT RECOURSE IFNOTPREBEMED irrt80DPYS VOID AFTHt a MONIHS W Ni,, ENMRSE M CE MT BEFORE PAYABLE DATE 8 oerwam+u�t. 100 /100 DOLLARS* 44•• * * " " * " *•� "1j,N•�l " *•• " " * * "" 11.002770492011• 1:02L0000211: 6 1600 70 190 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -084 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.3 File Type: Resolution Consider approving Resolution No. 2017 -084 amending the number of members on the Municipal Drainage System Advisory Committee; and take appropriate action. BACKGROUND: During the June 23, 2017 City Council retreat, City Council directed City Administration to bring forth an amendment to add one additional regular member to the Municipal Drainage System Advisory Committee. The City Council will discuss the option to add one additional member as an alternate. The Committee currently consists of four members, and one City Council Ex- Officio member. Below is the current board requirements: 1. One member be a City resident or HOA representative 2. One member be a community business representative 3. One member be a representative of the construction and development industry 4. One member who is the Valwood Improvement Authority Director *One member of the City Council Ex- Officio (non- voting) DISCUSSION: As proposed in Resolution No. 2017 -084, the Municipal Drainage System Advisory Committee would be amended to the following five (5) members and one (1) alternate member. Below is the proposed board requirements: 1. One member be a City resident or HOA representative 2. One member be a community business representative 3. One member be a representative of the construction and development industry 4. One member be a Valwood Improvement Authority Director 5. One member be a representative of the Community *One alternate member be a resident of the Community *One City Council Ex- Officio (non- voting) POSSIBLE COUNCIL ACTION: 1.1 move to approve Resolution No. 2017 -084, as presented. 2. I move to approve Resolution No. 2017 -084, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Resolution No. 2017 -084 City of Farmers Branch Page 1 Printed on 71612017 RESOLUTION NO. 2017- 084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, INCREASING THE NUMBER OF BRANCH THE MUNICIPAL DRAINAGE UTILITY SYSTEM ADVISORY COMMITTEE MEMBERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Farmers Branch, Texas, previously adopted Resolution No. 2015 -028 creating a Municipal Drainage Utility System Advisory Committee; and WHEREAS, the City Council desires to increase the number of members for Municipal Drainage Utility System Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. Resolution No. 2015 -028 is hereby amended by amending Section 1 thereof to increase the number of members of the Municipal Drainage Utility System Advisory Committee by one position to read as follows: "There is hereby established a Municipal Drainage System Advisory Committee consisting of five (5) members appointed by the City Council for a term of two (2) years each of which two committee members shall be a resident of the City and /or a representative of a home owners association in the City; one member of the committee shall be appointed from and represent the business community of the City; one member of the committee shall be the then current Valwood Improvement Authority Executive Director; and one member of the committee shall be appointed from and be a representative of the construction and development industry in the City. One member of the City Council shall be appointed by the City Council to serve as a non - voting ex- officio member of the committee. The Public Works Director or designee shall serve as the City staff liaison to the committee." SECTION 2. Resolution No. 2015 -028 shall remain in full force and effect, except as amended herein. SECTION 3. This Resolution shall become effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11th DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary 1 Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (PGS:6 -26- 17:102.87409) 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: ORD -3453 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.4 File Type: Ordinance Consider approving Ordinance No. 3453 amending the number of members on the Animal Shelter Advisory Committee; and take appropriate action. BACKGROUND: During the June 23, 2017 City Council retreat, City Council directed City Administration to bring forth an amendment to add one additional regular member to the Animal Shelter Advisory Committee. DISCUSSION: As proposed in Ordinance No. 3453, the Animal Shelter Advisory Committee would be amended to increase the board to eight (8) members: • One Member be a licensed veterinarian • One Member be a City Official • One Member whose duties include Animal Shelter operations • One Member be a representative from an Animal Welfare Organization • Four Members be residents of Farmers Branch POSSIBLE COUNCIL ACTION: 1. I move to approve Ordinance No. 3453, as presented. 2. I move to approve Ordinance No. 3453, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Ordinance No. 3453 City of Farmers Branch Page 1 Printed on 71612017 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -078 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.5 File Type: Resolution Consider approving Resolution No. 2017 -078 authorizing the transfer of a SolarTech Dynamic Message Board /Trailer to the City through a Homeland Security Program Property Transfer from the City of Richardson; and take appropriate action. BACKGROUND: To ensure that the City of Farmers Branch is able to effectively respond to a severe weather event or other adverse incident, the City is a part of the Public Works Emergency Response Team ( PWERT) compromised of fifty-one local cities. This PWERT working group allows mutual aid between the cities in the form of equipment and personnel in the event of an incident to facilitate a quicker recovery. Each year, the PWERT working group applies for grants through the Homeland Security Grant Program in order to build up an inventory of equipment for the participating cities to use during a response. When purchased with grant money, this equipment is positioned around the region in cache locations to allow for a quicker arrival time to cities in need. The City of Farmers Branch was chosen as a cache location for PWERT equipment, along with 10 other locations in the region, to include: Allen, Ellis County, Weatherford, Tarrant County, Grand Prairie, Carrollton, Rowlett, Haltom City, Lancaster, and Richland Hills. A typical equipment cache includes a SolarTech Dynamic Message Board, a Magnum Mobile Light Tower, and a portable generator. The City of Farmers Branch is currently receiving its first piece of equipment, the SolarTech Dynamic Message Board /Trailer that was acquired by the expenditure of 2016 State Homeland Security Grant funds awarded to the City of Richardson. Per the equipment cache located in the City of Farmers Branch, the City of Richardson is transferring this piece of equipment to the City of Farmers Branch. As grant money is awarded in coming grant years, the City of Farmers Branch will receive a Magnum Mobile Light Tower, and a portable generator. While the PWERT SolarTech Dynamic Message Board /Trailer is positioned within the City of Farmers Branch, the City can use it for its daily operations to include planned events, maintenance work, and emergency events. If PWERT is activated in the event of a disaster or adverse incident in the region and a call for SolarTech Dynamic Message Board /Trailers is issued, the City of Farmers Branch will offer the Message Board to the city in need if the City of Farmers Branch is able to do so. There is no purchase cost for the transfer and acceptance of this equipment as the Message Board has been paid for in full by 2016 Homeland Security Grant Funding at the unit cost of City of Farmers Branch Page 1 Printed on 71612017 File Number: R2017 -078 $17,405.97. No new staffing is required with this purchase as the Message Board will be housed at the Service Center and utilized by Public Works as needed. RECOMMENDATION: City Administration recommends adopting Resolution No. 2017 -078 authorizing the transfer of a SolarTech Dynamic Message Board /Trailer to the City through a Homeland Security Program Property Transfer from the City of Richardson. POSSIBLE COUNCIL ACTION: 1) Motion to approve Resolution No. 2017 -078 authorizing the transfer of a SolarTech Dynamic Message Board/Trailer to the City through a Homeland Security Program Property Transfer from the City of Richardson. 2) Motion to deny Resolution No. 2017 -078 authorizing the transfer of a SolarTech Dynamic Message Board /Trailer to the City through a Homeland Security Program Property Transfer from the City of Richardson. 3) Motion to modify to meet the needs of the Council. 4) Motion to table the issue for further study or take no action. ATTACHMENTS: 1. Resolution No. 2017 -078 2. Homeland Security Grant Program- Property Transfer Record Agreement 3. Certificate of Origin 4. Photos of the SolarTech Dynamic Message Board/Trailer City of Farmers Branch Page 2 Printed on 71612017 RESOLUTION NO. 2017-078 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, AUTHORIZING THE TRANSFER BRANCH OF A SOLARTECH DYNAMIC MESSAGE BOARD /TRAILER TO THE CITY FROM THE CITY OF RICHARDSON THROUGH A HOMELAND SECURITY PROGRAM PROPERTY TRANSFER RECORD AGREEMENT; AND PROVIDING AN EFFECTIVE WHEREAS, pursuant to the City's participation of the Public Works Emergency Response Team, City Administration recommends the City accept a transfer of title to a SolarTech Dynamic Message Board/Trailer ( "the Trailer ") from the City of Richardson through a Homeland Security Program Property Transfer Record Agreement ( "the Agreement "); and WHEREAS, the transfer of title to the Trailer to the City will be at no cost; and WHEREAS, the City Council of the City of Farmers Branch finds it to be in the public interest to authorize the transfer of the Trailer to the City: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. The City Manager and Fire Chief are hereby authorized to negotiate and/or enter such agreements and sign such documents as necessary to transfer title to the Trailer from the City of Richardson to the City of Farmers Branch pursuant to the Agreement. SECTION 2. The City Council hereby ratifies such acts as may have been taken to date by the City Manager or Fire Chief in furtherance of the transfer of title described in Section 1, above. SECTION 3. This resolution shall become effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/3/17:87711) Robert C. Dye, Mayor Texas Office of the Governor State Administrative Agency Homeland Security Grant Program Property Transfer Record Agreement Transferred From: City of .Richardson Office of Emengencv Management Name of Organization (Homeland Security Grant Sub - Recipient) 1621 E. Lookout Drive Richardson Dallas 75082 Street /Mailing Address, City, County, Zip Mistie Gardner Emergency Management Coordinator & HSGP A.O. Printed Name and Title ZL4 p 05/12/2017 Signature Date Transferred To: City of Farmers Branch Name of Organization (Homeland Security Grant Sub - Recipient) 13333 Senlac Drive. Farmers Branch TX 75234 Street/Mailing Address, City, County, Zip e and Title 05/12/20 Date This is to certify that the property described below was acquired by the expenditure of 2016 State Homeland Security Grant funds awarded to the above named Homeland Security Grant Sub - Recipient (Grantor). The jurisdiction /organization receiving the property (Grantee) certifies that they have knowledge of the laws, rules and regulations of the aforementioned grant for the year of the award. The Grantee further certifies that they agree to be bound by all the contract covenants and exhibits to the Grantor's Sub - Recipient agreement and any modifications or amendments to that agreement as if they were written here. The Grantor and Grantee further certify that they are duly authorized and empowered by their governing body to enter into this agreement. The Grantee certifies they have complied with all State and Federal eligibility requirements as determined by the Department of Homeland Security and the Texas Office of the Governor. Property being transferred Item description: SoiarTech Dynamic Message Board, Trailer Item Control Number: 44281 (Board) &_4.4282 (Trailer) Serial Number/VIN: SIN 3309 (Board) & VIN 4GM2R1517H1440108 S/N 44_0108 (Trailer), Model Number: IRT- 112 -1548 Board & TSCDA -L -US Trailer Acquisition Date: 02/24/2016 Unit Cost: $17,405.9 7 This form is provided for the benefit of grant administration. TXDPS /SAA cannot advise sub - recipients about the legality of any specific property transfers. Sub - recipients should consult with their own legal counsel concerning compliance with all relevant laws, including state and local requirements. SOLARTECH Solar Technology Inc. Certificate of Origin Seller: Name ++ CIV 5L j ard6UY,- ,I Address f ZA1. City/State /Zip�jr� Buyer: Name Address Hereby transfers and sells the aforementioned goods and all rights and title and interest to County Buye ff 04 ra.,Vn e- 1C�i 3 3 3 t zyeoi Lru--1 ood l Public -Name Printed Ugn,Aturc My Commission expires 4t,3 DI 9 5a3� .�`' p11E %. p,� .............. Lf ff�/ .+ + +'v* �.�Rp,RY P ors 'z �T OF T>G�'i ° Hereby transfers and sells the aforementioned goods and all rights and title and interest to Name Address City/State /Zip On this date Signed (Seller) County Notary Public -Name Printed Signature My Commission expires 0 0 m 2 O z c rn D „1,'i n m ':!CS _ ^ '`$- ,coq n?.e -o hn _ `,�+� n - ►xi I 'IV r�``., O O CD CD , O O N. CD CCD n . o I+� O o. r- C7 y ro ID i � O w sc. CD m 00 CD Z' a 0 y CD 0 to o co O C 00 O n n fV W Z CD +G °a v y ri N V ~ S N O +f � _O O (u r!1 O En E. O n N N Q7 :• �0 YQ A0, :5 -e v p D 0 CD = E k (D s. c 0^ (D -. �• � coo O 3 �'+ OD CD + + 00 1 � . C Application for Texas Title and /or Registration Applying for (please check one): TAM OFFICE USE ONLY ❑ Title & Registration ® Title Only ❑ Registration Purposes Only ❑ Nontitle Registration County: For a corrected title or registration, check reason: Doc #: ❑ Vehicle Description ❑ Add /Remove Lien ❑ Other: ❑ SPV ❑ Appraisal Value S 1. Vehicle Identification Number 2. Year 3. Make 4. Body Style 5. Model 6. Major Color 7. Minor Color 4GM2R1517H1440108 2C I Sc lTech Trailer IRT -112 8. Texas License Plate No. 9. Odometer Reading (no tenths) 10. This is the Actual Mileage unless the mileage is: 11. Empty Weight 12. Carrying Capacity (if any) ❑ Not Actual ❑ Exceeds Mechanical Limits ❑ Exempt 13. Applicant Type 14. Applicant Photo ID Number or FEIN /EIN ❑ Individual ❑ Business ® Government ❑ Trust ® Non - Profit 15. ID Type ❑ U.S. Driver License /ID Card (issued by: ) ❑ NATO ID ❑ U.S. Dept. of State ID ❑ Passport (issued by: ) ❑ U.S. Military ID ❑ U.S. Dept. of Homeland Security ID ❑ U.S. Citizenship & Immigration Services /DOJ ID ❑ Other Military Status of Forces Photo ID 16. Applicant First Name (or Entity Name) Middle Name Last Name Suffix (if any) City of Farmers Branch 17. Additional Applicant First Name (if applicable) Middle Name Last Name Suffix (if any) 18. Applicant Mailing Address City State Zip 19. Owner County of Residence 13333 Senlac Drive, Farmers Branch, Texas 75234 22. Unit No. (if applicable) 20. Previous Owner Name (or Entity Name) City State 21. Dealer GDN (if applicable) City of Richardson 411 W. Arapaho Rd., Richardson, Texas 75080 23. Renewal Recipient First Name (or Entity Name) (if different) Middle Name Last Name Suffix (if any) 24 Renewal Notice Mailing Address (if different) City State Zip 25. Applicant Phone Number (optional) 26. Email (optional) 27. Registration Renewal eReminder ❑ Yes (Provide Email in #26) 28. Vehicle Location Address (if different) City State Zip 29. Multiple (Additional) Liens 30. Electronic Title Request 31. Certified /eTitle Lienholder ID Number (if any) 32. First Lien Date (if any) ❑ Yes (Attach Form VTR -267) ❑ Yes (Cannot check #29) 33. First Lienholder Name (if any) Mailing Address City State Zip 34. Check only if applicable: MOTOR VEHICLE TAX STATEMENT ❑ 1 hold Motor Vehicle Retailer's (Rental) Permit No, and will satisfy the minimum tax liability (V.A.T.S., Tax Code §152.046[c]) ❑ 1 am a dealer or lessor and qualify to take the Fair Market Value Deduction (V.A.T.S., Tax Code, §152.002[c]). GDN or Lessor Number 35. Trade -In (if any) Year Make Vehicle Identification Number Additional Trade -In(s) ❑ Yes (Complete) 136. ❑ Yes 37. Check only if applicable: SALES AND USE TAX COMPUTATION ❑ (a) Sales Price ($ rebate has been deducted) $ 17.405.97 ❑ $90 New Resident Tax - (Previous State) (b) Less Trade -in Amount, described in Item 35 above $ ( _ ) ❑ $5 Even Trade Tax (c) For Dealers /Lessors /Rental ONLY- Fair Market Value ❑ $10 Gift Tax- Use Comptroller Form 14 -317 Deduction, described in Item 35 above $ ( ) ❑ $65 Rebuilt Salvage Fee (d) Taxable Amount (Item a minus Item b or Item c) $ ❑ 2.5% Emissions Fee (Diesel Vehicles 1996 and Older > 14,000 lbs.) (e) 6.25% Tax on Taxable Amount (Multiply Item d by .0625) $ ❑ 1 % Emissions Fee (Diesel Vehicles 1997 and Newer> 14,0001bs.) (f) Late Tax Payment Penalty ❑ 5% or ❑ 10% $ X Exemption claimed under the Motor Vehicle Sales and Use Tax Law because: (g) Tax Paid to (STATE) $ used by a Municipality (h) AMOUNT OF TAX AND PENALTY DUE ❑ $28 or $33 Application Fee for Texas Title (Item a plus Item f minus Item g) $ (Contact your county tax assessor - collector for the correct fee.) A CERTIFICATION - State law makes falsifying information a third degree felony I hereby certify all state rtTr nts is do ar d correct to the best of my knowledge and belief, and I am eligible for title and /or registration (as ap Ilcab e). 11 Todd Gastorf for The City of Richardson ff 017 Signature(s) of Sell e 11 onor(s), or der(s} Printed Name(s) (Same as Signature(s)) Da Signature of Applicant /Owner Printed Name (Same as Signature) Date Signature(s) of Additional Applicant(s) /Owner(s) Printed Name(s) (Same as Signature(s)) Date Form 130 -U Rev 08/16 Form available online at www.TxDMV.gov Page 1 of 2 Application for Texas Title and /or Registration General Instructions With a few exceptions, you are entitled to be informed about the information the department collects about you. The Texas Government Code entitles you to receive and review the information and to request that the department correct any information about you that is deemed incorrect. Please contact the Texas Department of Motor Vehicles at 1- 888 - 368 -4689 or 512 - 465 -3000 for details. This form must be completed and submitted to your county tax assessor - collector accompanied by any required application fee, supporting documents, registration fee, if applicable, and any motor vehicle tax due. An application form may be reproduced or faxed. A completed form must contain the original signature of the buyer. The seller's signature may be reproduced or faxed. All title applications must include one of the government- issued photo IDs listed in Box 15. Detailed instructions for completing this form are located in the Detailed Instructions forApplication for Texas Title and /or Registration (Form VTR - 130 -UIF). AVAILABLE HELP • For assistance in completing this form, contact your county tax assessor - collector. • For information about motor vehicle sales and use tax or emission fees, contact the Texas Comptroller of Public Accounts, Tax Assistance Section, at 1- 800 - 252 -1382 toll free nationwide or call 512 - 463 -4600. • For title or registration information, contact your county tax assessor - collector or the Texas Department of Motor Vehicles at 1 -888- 368 -4689 or 512 - 465 -3000. Additional Details Title Only: License plates and registration insignia previously issued for this motor vehicle must be surrendered in accordance with Transportation Code §501.0275, if applicable, unless this vehicle displays a license plate under an applicable status of forces agreement. The following types of vehicles are not eligible for Title Only: construction machinery (unconventional vehicles), water well drilling units, machinery used exclusively for drilling water wells, construction machinery not designed to transport persons or property, implements of husbandry, farm equipment (including combines), golf carts, slow moving vehicles, or any vehicle with a suspended or revoked title. Registration Purposes Only: Do not surrender an original out of state title with this application. A Texas title will NOT be issued for a vehicle applying for Registration Purposes Only. The receipt issued upon filing this application will serve as the registration receipt and proof of application for Registration Purposes Only. • Foreign Vehicles: Foreign vesicles applying for Registration Purposes Only must attach DOT Form HS -7 or U.S. Customs Form CF -7501 to indicate the vehicle is: 1) over 25 years old, or 2) complies with Federal Motor Vehicle Safety Standards, or 3) is being imported in the United States for a temporary period by a nonresident or a member of the armed forces of a foreign country on assignment in the U.S., and does not conform to the Federal Motor Vehicle Standards and cannot be sold in the U.S. Nontitle Registration: Certain trailers,;farm equipment, construction machinery, oil well servicing machinery, water well drilling units, etc. are either exempt from, or not eligible for title, but are eligible for, or required to, obtain registration or a specialty plate in order to operate on the highway. Applicants should mark this box only when applicable. Note: A lien cannot be recorded on this type of application. Out of State Vehicles: Self- certification of the Vehicle Identification Number (VIN) is allowed if a VIN verification form issued by a Texas state - approved safety inspection station is not included with the submission of this application if the applicant certifies the vehicle is located out of state. See Vehicle Identification Number Certification (Form VTR -270) for more information. Notice • The sales and use tax must be paid to the county tax assessor - collector within 30 days from the date of purchase or entry of the vehicle into Texas. • A $2.50 transfer fee is paid to transfer current registration to the new owner in addition to the title application fee and other applicable fees. If the registration is not current, full registration fees are due unless applying for Title Only. • A 6.25 percent motor vehicle sales and use tax is imposed on the sales price (less trade -in allowance) of motor vehicles for use in Texas or a motor vehicle purchased outside of the state and later brought into this state by a Texas resident. • Standard Presumptive Value (SPV) applies to private -party sales of most used motor vehicles purchased or brought into Texas. The tax is computed on the greater of the sales price or 80 percent of the SPV on the day of title application. • New Texas residents are subject to a $90 use tax on a vehicle brought into this state that was previously registered to the new resident in another state or foreign country. This is in lieu of the 6.25 percent use tax imposed on a Texas resident. • A $10 gift tax is due when a person receives a motor vehicle as a gift from an immediate family member, guardian, or a decedent's estate. A vehicle donated to, or given by, a non - profit service organization qualifying under IRC 501(c)(3) is also taxed as a gift. Both donor and recipient must sign the Comptroller's joint affidavit, Affidavit of Motor Vehicle Gift Transfer (Form 14 -317). The affidavit and the title application must be submitted in person by either the donor or recipient. • A transaction in which a motor vehicle is transferred to another person without payment of consideration and one that does not qualify as a gift described above is a sale and will be subject to tax calculated on the vehicle's standard presumptive value. • A late penalty equal to 5 percent of the tax will be charged if the tax or surcharge is paid from 1 to 30 calendar days late. If more than 30 calendar days late, the penalty will be 10 percent of the tax; minimum penalty is $1. • In addition to the late tax payment penalty, Texas Transportation Code provides for an escalating delinquent transfer penalty of up to $250 for failure to apply for title within 30 days from the date of title assignment. Submit this application along with proper evidence of ownership and appropriate valid proof of financial responsibility such as a liability insurance card or policy. • All new residents applying for a Texas title and registration for a motor vehicle must file at the county tax assessor - collector of the county in Texas where the applicant resides within 30 days of establishing residency. Texas law requires that all vehicles previously registered and titled or registered in another state or country be inspected for safety and the vehicle identification number verified before such vehicles may be registered in Texas. These inspections must be made by a state appointed safety inspection station that will complete a Texas Vehicle Inspection Report. This form must be submitted to the county tax assessor - collector with your application for registration and Texas title. Form 130 -U Rev 08/16 Form available online at www.TxDMV.gov Page 2 of 2 n 0 r o •P' F ^"O � m Co N r O Z aC r D Z D 0 o m C n a N o r c � Cu r- > a m mr.� �coom Z - c a = iG -1-1 Z CD, cn c Eg 3 ` "Pi C7 m s rn rn cn c m� a n m m A OM Cf) m W .0 cn m CnryO == m -n O C mm mr. r n O T Z O0 D ° - E Z El El �V f 1 'ljpy o`P 7 tv , c J +- . MANUFACTURED BY; SOLAR TECHNOLOGY, INC MODEL SILENT MESSENGER INCIDENT RESPONCE TRAILER TRAILER - CLASS It DATE OF MFG: 02117 GVWR 1542 KG (7400 LB) GAWK 1542 KG (Si00 LB) TIRE RIM COLD WFL PRESS. SINGLE ST22N19R15C 1' X 8 J (hPa) ]10 PSI 4S ,• ,-_ IKIS VDKLE CONFORMS TO ALL APMr -AN E US ffOFRAI MOTOR Vlw-$A SA M STAI(Wf!)fMBFF:CT ONTWWE OF1 AMOACTURE MOM AW& YIN:4GM2Ri51TN144010! TYPE: TRAILER PurcRaled —th lunde provided by the U$ Oepan"m of Nomeland Seciirtiy Aacet managed by the Offlc• of Emergency ManeQomenl <.ef I I �)W I I'' - tV Y -dL- 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: TMP -2249 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.6 File Type: Resolution Consider approving Resolution No. 2017 -052 authorizing an Agreement for Developer Assumption of Texas Department of Transportation Advance Funding Agreement Project with CADG Mercer Crossing Holding, LLC regarding for U -turns lanes on IH635 service road east of Luna Road; and take appropriate action. BACKGROUND: February 14, 2017, the City Council approved Resolution No. 2017 -028 providing for the establishment of Mercer Crossing Public Improvement District in accordance with a petition request from a property owner representing greater than 50% of the property within the requested district. The developer CADG Mercer Crossing Holdings, LLC has requested public improvements associated with the development of the property located on the west side. They are requesting a U -turn on the east and westbound frontage road along IH635 located 2950 feet east of Luna Road. DISCUSSION: The Developer's Construction Agreement sets forth provisions to public improvements associated with development of the property that were stated in the original Mercer Crossing Public Improvement District. All funding for the construction will be provided by the developer. The provision to have the east and westbound U -turns along IH635 service road 2950 feet east of Luna Road requires Texas Department of Transportation approval. In order to construct the improvements, the developer is given the option to advance the funds for the construction of the U -turns in the amount of $738,108.00. This is a companion item to the Local Project Advance Funding Agreement with the Texas Department of Transportation. RECOMMENDATION: City Administration recommends approving Resolution No. 2017 -052 authorizing an Agreement for Developer Assumption of Texas Department of Transportation Advance Funding Agreement Project with CADG Mercer Crossing Holding, LLC regarding for U -turns lanes on IH635 service road east of Luna Road. POSSIBLE COUNCIL ACTION: City of Farmers Branch Page 1 Printed on 71612017 File Number: TMP -2249 1. I move to approve Resolution No. 2017 -052 authorizing an Agreement for Developer Assumption of Texas Department of Transportation Advance Funding Agreement Project with CADG Mercer Crossing Holding, LLC regarding for U -turns lanes on IH635 service road east of Luna Road. 2. I move to approve Resolution No. 2017 -052 authorizing an Agreement for Developer Assumption of Texas Department of Transportation Advance Funding Agreement Project with CADG Mercer Crossing Holding, LLC regarding for U -turns lanes on IH635 service road east of Luna Road, with modifications. 3.1 move to table the issue for further study or take no action. ATTACHMENTS: 1. Location Map 2. Resolution No. 2017 -052 3. Developer Assumption of TxDOT Advance Funding Agreement City of Farmers Branch Page 2 Printed on 71612017 qap )n for your rr ap . jo k.. ,t �r � s�n�r!�Irtt •�� I.H. 635 TURNAROUND 11� � I ' I J� rT — 1 3' S 89.113 3" E 5019, 1 .7L _ -:Jw . t I 1 IL i Af `1n '/ I ' ' - 6! _ 1. � X36 +,� T� •� —�.� i� �' r ,l A - -�.44 t w L f 1 ►AM " 1 7- ■ I. C� P. IF (tea { — _ C p.�°'�'p 1 , ft -a + -coo o LYNDON B. JOHNSON FWY. 0 100 200 400 600 GRAPHIC SCALE IN FEET I w 1 lama 3 m v O v ' I L tilt n1. 1 1p 635 TURNAROUND I, Pacheco Koch 7557 RAMBLER ROAD, SUITE 1400 DALLAS, TX 75231 972.235.3031 TX REG. ENGINEERING FIRM F -469 — TX REG. SURVEYING FIRM LS- 10008000 tg tin 1.,6 1 .7L _ -:Jw . t I 1 IL i Af `1n '/ I ' ' - 6! _ 1. � X36 +,� T� •� —�.� i� �' r ,l A - -�.44 t w L f 1 ►AM " 1 7- ■ I. C� P. IF (tea { — _ C p.�°'�'p 1 , ft -a + -coo o LYNDON B. JOHNSON FWY. 0 100 200 400 600 GRAPHIC SCALE IN FEET I w 1 lama 3 m v O v ' I L tilt n1. 1 1p 635 TURNAROUND I, Pacheco Koch 7557 RAMBLER ROAD, SUITE 1400 DALLAS, TX 75231 972.235.3031 TX REG. ENGINEERING FIRM F -469 — TX REG. SURVEYING FIRM LS- 10008000 RESOLUTION NO. 2017-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, AUTHORIZING AN AGREEMENT BRANCH FOR DEVELOPMENT ASSUMPTION OF TXDOT AFA PROJECT WITH CADG MERCER CROSSING HOLDINGS, LLC REGARDING FOR U -TURN LANES ON THE IH 635 EAST SERVICE ROAD NEAR LUNA ROAD; AND PROVIDING AN EFFECTIVE WHEREAS, CADG Mercer Crossing Holding, LLC ( "Developer ") is the owner of a substantial portion if not all the land located within Planned Development District No. 99 ( "PD 99 "); and WHEREAS, Developer intends to develop Developer's property with a substantial number of single family, multi - family, and retail lots and has advised the City that access to Developer's property from Interstate 635 ( "IH635 ") would be enhanced by the construction of U -Turn lanes along the east and west bound service roads of IH635 east of Luna Road ( "the Project "); and WHEREAS, construction of improvements within the IH635 right -of -way requires the consent of the State of Texas, acting through the Texas Department of Transportation ( "TxDOT "), and entry of an agreement with TxDOT by a local governmental entity willing to fund the cost of the design and construction of such improvements and construct such improvement; and WHEREAS, Developer desires the City to enter, and the City is willing to enter, into that certain Advance Funding Agreement for a Local Government Contribution to a Transportation Improvement Project On- System, with the Texas Department of Transportation ( "TxDOT ") authorizing construction of the Project ( "the TxDOT AFA ") if Developer agrees to assume and perform all of City's obligations under the provisions of the TxDOT AFA, including paying for all costs relating to the design, bidding, and construction of the Project; and WHEREAS, the City Council of the City of Farmers Branch finds it to be in the public interest to authorize the negotiation and signing of an agreement with Developer to provide for the agreements in the foregoing recital: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. The City Manager is hereby authorized to negotiate and sign on behalf of the City an agreement with Developer providing for, among other terms, Developer's agreement to assume all of the City's obligations under the TxDOT AFA solely at Developer's cost and provisions securing Developer's performance of such agreement by execution of a performance bond, establishment of a construction escrow deposit, and/or other means deemed reasonable and appropriate by the City Manager. SECTION 2. This resolution shall become effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/2/17:84793) AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT THIS AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT ( "Agreement ") is entered into by and between the CITY OF FARMERS BRANCH, (hereinafter "City "), a Texas home rule municipality, and CADG MERCER CROSSING HOLDING, LLC, (hereinafter "Developer "), a Texas limited liability company. City and Developer are hereafter collectively referred to herein as "Parties" and separately as "Party". RECITALS WHEREAS, Developer is the owner of a substantial portion if not all the land located within Planned Development District No. 99 ( "PD 99 "), the boundaries of which are generally depicted on Exhibit A, attached hereto and incorporated herein by reference ( "Developer's Property "); and WHEREAS, Developer intends to develop Developer's Property with a substantial number of single family, multi - family, and retail lots and has advised City that access to Developer's Property from Interstate 635 ( "IH635 ") would be enhanced by the construction of U -Turn lanes along the east and west bound service roads of IH635 east of Luna Road (the "Project ") and general depicted in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, construction of improvements within the IH635 right -of -way requires the consent of the State of Texas, acting through the Texas Department of Transportation ( "TxDOT "), and entry of an agreement with TxDOT by a local governmental entity willing to fund the cost of the design and construction of such improvements and construct such improvement; and WHEREAS, Developer desires City to enter, and City is willing to enter, into that certain Advance Funding Agreement for a Local Government Contribution to a Transportation Improvement Project On- System, with the Texas Department of Transportation ( "TxDOT "), a copy of which is attached hereto as Exhibit C and incorporated herein by reference (the "TxDOT AFA ") if Developer agrees to assume and perform all of City's obligations under the provisions of the TxDOT AFA, including paying for all costs relating to the design and construction of the Project; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties agree as follows: 1. Assumption of Obligation. Developer agrees to assume and perform all responsibilities, obligations and liabilities of City set forth in the TxDOT AFA (City being identified as the "Local Government" in the TxDOT AFA) without the necessity of assigning the TxDOT AFA to Developer including, but not limited to, the design and construction of the Project. Developer acknowledges that Developer will not be a party to PAGE 1 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) the TxDOT AFA but shall at all times comply with the provisions of the TxDOT AFA as if Developer were a parry to the TxDOT AFA. 2. TxDOT AFA Advanced Payment. Not later than five (5) days after the Effective Date, Developer shall pay to City the amount of $78,108.00, which funds shall be used by City to pay TxDOT the advanced funds as required by the TxDOT AFA. As the Project is a PID eligible Authorized Improvement, the City will approve a Certification for Payment form submitted by the Developer to request a draw from the Project Fund under the Public Finance Authority Contract Revenue Bonds (Mercer Crossing Project), Series 2017 (the "Bonds ") with the amount of $78,108.00. 3. Construction Funds Escrow. After City has reviewed and approved Developer's contractor and contract as provided in Section 7, below, City shall notify Developer of the funds necessary to (i) fund the contract plus ten (10 %) percent contingencies for construction contracts plus (ii) any additional amounts that must be paid to TxDOT or others pursuant to the TxDOT AFA (the "Construction Escrow Funds "). As the Project is a PID eligible Authorized Improvement, the City will approve a Certification for Payment form submitted by the Developer to request a draw from the Project Fund under the Bonds with the amount to fund the Construction Escrow Funds. If the Developer does not advance the Construction Escrow Funds within thirty (30) days from the date the City approves a Certification for Payment form and after approval by the City Engineer of the contractor with whom Developer intends to contract to construct the Project, this Agreement shall terminate and City shall proceed to terminate the TxDOT AFA. Developer shall deliver the Construction Escrow Funds to City in the form of a cashier's check or funds wire transfer. City agrees to keep a separate accounting of the Construction Escrow Funds on the City's accounting books, which records shall be available to Developer for review during City's regular business hours. City understands and agrees that the Construction Escrow Funds shall only be used to pay for the design and construction of the Project and other costs required by the TxDOT AFA. As construction of the work on the Project progresses, Developer shall deposit additional funds with City for the costs of change orders mutually approved by City and Developer if such change order results in an increase in the cost of construction of the Project. The Construction Escrow Funds shall be held and disbursed by City as provided herein. 4. Disbursement of Construction Funds. City shall release the Construction Escrow Funds as design and /or construction of the Project progresses within ten (10) days after City's receipt of Developer's written draw request (each, a "Draw Request ") setting forth the amount of the requested disbursement accompanied by (a) copies of invoices from third parties evidencing the costs incurred for which payment is requested, and (b) with respect to disbursements for hard costs of construction, a copy of a certificate from the City Engineer confirming that the portion of the Project for which payment has been requested has been substantially completed (the foregoing requirements are collectively referred to herein as the "Draw Requirements "). The amount to be disbursed from the Construction Escrow Funds shall be the aggregate cost incurred in connection with the design and/or construction of the portion of the Project described in the Draw Request, as set forth in the Draw Request. City shall release the portion of the Construction Escrow Funds set forth PAGE 2 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) in the Draw Request to the parties set forth in the Draw Request. City shall act reasonably and in good faith in reviewing a Developer's Draw Request. City may object to the funding of a specific portion of the Draw Request which does not satisfy the Draw Requirements, and the balance of the Draw Request shall be funded by City. 5. Funds on Completion of Project. If construction of the Project has been completed and accepted by City and TxDOT, and each Draw Request submitted by Developer to City in connection therewith has been funded, the remaining balance of the Construction Escrow Funds shall be returned to Developer. 6. Termination of TxDOT AFA. Notwithstanding any provision contained in this Agreement to the contrary, if the TxDOT AFA is terminated: (a) the Parties shall have no further rights or obligations under this Agreement; and (b) City shall make disbursements from the Construction Escrow Funds to pay for all costs incurred related to the Project prior to the date of termination of the TxDOT AFA and return any remaining Construction Escrow Funds to Developer. 7. City Contract Approval. Developer understands, acknowledges, and agrees that all contracts relating to construction of the Project must comply with applicable provisions of state law and the TxDOT AFA. Developer shall not sign any contract for construction of the Project until such contract has been reviewed and approved by the City Engineer, which approval shall not be unreasonably withheld or delayed. 9. Utility Relocation /Adjustments. Should utilities, whether publicly or privately owned, require relocation and /or adjustment as part of the construction of the Project as called for in the TxDOT AFA, Developer shall be solely responsible for the costs of such relocations and/or adjustments. 10. Approval of Plans. No approval of plans and specifications by City shall be construed as representing or implying that improvements built in accordance therewith shall be free of defects. Any such approvals shall in no event be construed as representing or guaranteeing that any improvements built in accordance therewith will be designed or built in a good and workmanlike manner. Neither City nor its elected officials, officers, employees, contractors, and/or agents shall be responsible or liable in damages or otherwise to anyone submitting plans and specifications for approval by City for any defects in any plans or specifications submitted, revised, or approved, any loss or damages to any person arising out of approval or disapproval or failure to approve or disapprove any plans or specifications, any loss or damage arising from the noncompliance of such plans or specifications with any governmental ordinance or regulation, nor any defects in construction undertaken pursuant to such plans and specifications. 11. Indemnity Against Design Defects. Approval by TxDOT and/or the City Engineer or other TxDOT or City employee, official, consultant, employee, or officer of any plans, designs or specifications submitted by Developer or its engineer under this Agreement shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, contractors, employees, officers, or agents for the PAGE 3 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) accuracy and competency of their design and specifications. Such approval shall not be deemed to be an assumption of such responsibility or liability by TxDOT or City for any defect in the design and specifications prepared by Developer's consulting engineer, officers, agents, servants, or employees, it being the intent of the Parties that approval by TxDOT, the City Engineer or other TxDOT or City employee, official, consultant, or officer signifies TxDOT and/or City approval of only the general design concept of the improvements to be constructed. In this connection, Developer shall indemnify, defend, and hold harmless City and the State of Texas, their officials, officers, agents, servants and employees, from any loss, damage, liability or expense on account of damage to property and injuries, including death, to any and all persons which may arise out of any defect, deficiency or negligence of the engineer designs and specifications to the extent prepared or caused to be prepared by Developer or Developer's consulting engineer and incorporated into any improvements constructed in accordance therewith, and Developer shall defend at its own expense any suits or other proceedings brought against TxDOT, City, and /or their respective officials, officers, agents, servants or employees, or any of them, on account thereof, to pay all expenses and satisfy all judgments which may be incurred by or rendered against them, collectively or individually, personally or in their official capacity, in connection herewith. 12. Indemnification Generally. Developer agrees to defend, indemnify and hold City, its elected officials, officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by Developer's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Developer, its officers, agents, associates, employees, affiliates, contractors or subcontractors, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Developer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the Parties under Texas law. The provisions of this paragraph are solely for the benefit of the Parties and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 13. Indemnity Against Claims from the State: Developer further agrees to indemnify, defend, and hold City harmless against any claims made by TxDOT against City, its officers, employees, and agents, related to damages accruing to the State of Texas for breach of contract or by reason of injuries to the right -of -way, roadbed, pavement, bridges, signs, and other highway facilities owned by the State, when such damages are caused by the intentional or negligent act or omission of Developer, its officers, employees, or contractors in the construction, operation, maintenance or rehabilitation of the Project. PAGE 4 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) 14. Insurance. Prior to commencement of construction of the Project, Developer shall purchase and have in full force and effect insurance with the minimum amount of coverage described in this Section 14. Developer shall furnish City and the State of Texas, by and through TxDOT, with the Texas Department of Transportation's Certificate of Insurance, as required by the TxDOT AFA, evidencing that Developer has in full force and effect the below listed insurance coverage under one or more insurance policies: A. Worker's Compensation Insurance: Minimum Coverage Limits: Statutory B. Commercial General Liability Insurance: Minimum Coverage Limits: Bodily Injury/Property Damage: $1,000,000 combined single limit each occurrence and in the aggregate C. Texas Business Automobile Liability Insurance: Minimum Coverage Limits: Bodily Injury: $250,000 each person/$500,000 each occurrence Property Damage: $100,000 each occurrence City and the State of Texas must be included as "Additional Insureds" by Endorsement to policies issued for coverages listed in B and C above. A "Waiver of Subrogation Endorsement" in favor of City and the State of Texas shall be a part of each policy for coverages listed in A, B and C, above. A copy of these endorsements shall be submitted to City and the State of Texas with the evidence of coverage prior to commencement of construction of the Project. Developer and/or its contractor shall be responsible for any deductions stated in the policy. Developer shall provide that all provisions of this Agreement concerning liability, duty, standard of care, together with the indemnification or defense provisions herein, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies. All insurance coverage required by this Section 14 must remain in full force and effect until after completion of construction of the Project and acceptance of the Project for maintenance by the State of Texas. 15. Contractor Payment and Performance Bonds. Prior to Developer's contractor commencing any work on the Project, Developer's contractor shall obtain for the protection of City and the State of Texas a payment bond and performance bond in the amount of the contract amount for the Project in compliance with Chapter 2253, Texas Government Code. 16. Force Maieure. It is expressly understood and agreed by the Parties that if the substantial completion of the construction of any improvements contemplated hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, fire or other casualty, court injunction, necessary condemnation proceedings, act of any other party, its PAGE 5 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) affiliates /related entities and/or their contractors, or any circumstances which are reasonably beyond the control of the Party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such Party was delayed. 17. Term. The term of this Agreement shall begin on the date it is signed by authorized representatives of all Parties the Effective Date, and end upon the complete performance of all obligations and conditions precedent by the Parties. 18. Events of Default and Remedies A. A default shall exist if either Party fails to perform or observe any material provision contained in this Agreement. A Party shall immediately notify the defaulting Party in writing upon becoming aware of any change in the existence of any condition or event which would constitute a default by the defaulting Parry, or, with the giving of notice or passage of time, or both, would constitute a default by the defaulting Party under this Agreement. Such notice shall specify the nature and the period of existence thereof and what action, if any, the notifying Party requires or proposes to require with respect to curing the default. B. If a default shall occur and continue, after thirty (30) days written notice to cure default, City or Developer may, at their respective option, terminate this Agreement or pursue any and all remedies to which the Parry may be entitled to, at law or in equity, in accordance with Texas law. City shall not, however, have the right to terminate this Agreement for so long as Developer proceeds in good faith and with due diligence to remedy and correct the default, provided, that Developer has commenced to cure such default within the 30 days following notice, has furnished proof satisfactory to the City that it is providing the correction and that the default is cured within sixty (60) days after Developer receives additional notice. City, solely at its discretion, may extend the time periods in increments of thirty (30) days. 19. Venue And Governing Law. This Agreement is performable in Dallas County, Texas, and original venue of any action arising out of this Agreement shall be exclusively in the State District Courts of Dallas County, Texas. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. 20. Notices. Any notice required by this Agreement shall be deemed to be properly served if deposited in the U.S. mails by certified letter, return receipt requested, addressed to the recipient's address shown below, subject to the right of either Parry to designate a different address by notice given in the manner just described. If intended for City, to: If intended for Developer, to: City Manager Mehrdad Moayedi PAGE 6 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) City of Farmers Branch 13000 William Dodson Parkway Farmers Branch, Texas 75234 Copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 500 North Akard, Suite 1800 Dallas, Texas 75201 CADG Mercer Crossing Holding, LLC 1800 Valley View Lane, Suite 30 Farmers Branch, Texas 75234 21. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof. Further, in lieu of deleting each clause or provision that is found to be invalid, illegal, or unenforceable, the Parties shall, where legally possible and subject to any necessary approval, amend the Agreement in writing to provide for a replacement provision which is valid, legal and enforceable and is as similar in terms as possible to the provisions found to be invalid, illegal, or unenforceable. 22. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 23. Captions. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 24. Successors and Assigns. The terms and conditions of this Agreement are binding upon the successors and assigns of all Parties. 25. Entire Agreement. This Agreement embodies the complete agreement of the Parties, superseding all oral or written previous and contemporary agreements between the Parties and relating to matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the Parties. 26. Effective Date. This Agreement shall be effective on the date when signed by authorized representatives of the Parties ( "Effective Date "). PAGE 7 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) SIGNED AND AGREED this day of , 2017. City of Farmers Branch, Texas C ATTEST: Amy Piukana, City Secretary APPROVED AS TO FORM: City Attorney Charles S. Cox, City Manager SIGNED AND AGREED this day of 12017. Developer: CADG Mercer Crossing Holding, LLC IRa Mehrdad Moayedi, Manager PAGE 8 AGREEMENT FOR DEVELOPER ASSUMPTION OF TXDOT AFA PROJECT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS (kb1:6/22/17:85259) EXHIBIT "A" Boundaries of Planned Development District No. 99 I f i ■ i IL....` 247A Acma ; ' -- ti------------------- - - - --, ; " - - - -- _- ._.. - - - - -- -* r i 19.5 Acres .f ZONING BOUNDARY MAP EXHIBIT "A" CONSTRUCTION PARTICIPATION AGREEMENT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS) (kb1:6/22/17:85259) EXHIBIT "B" Project Location The construction of one -lane U -turns on eastbound and westbound frontage roads on 1H 635 at 2950 feet East of Luna Road in the City of Farmers Branch, Dallas County EXHIBIT `B" CONSTRUCTION PARTICIPATION AGREEMENT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS) (kb1:6/22/17:85259) EXHIBIT "C" Copy of TxDOT AFA (To Be Attached) EXHIBIT "C" CONSTRUCTION PARTICIPATION AGREEMENT BETWEEN CITY OF FARMERS BRANCH AND CADG MERCER CROSSING HOLDING, LLC (LBJ AND LUNA U- TURNS) (kb1:6/20/17:85259) 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: TMP -2250 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.7 File Type: Resolution Consider approving Resolution No. 2017 -038 approving a Local Transportation Advance Funding Agreement with the Texas Department of Transportation for the construction of one lane U -turns under IH635 east of Luna Road; and take appropriate action. BACKGROUND: On October 15, 2001, a Master Funding Agreement with the Texas Department of Transportation (TxDOT) was approved. The Master Funding Agreement was not project specific and did not obligate funds on the part of either TxDOT or the City. Instead, the Master Agreement included the details of the responsibilities of both TxDOT and the local government for administering future projects. After execution of a Master Agreement, in order to initiate a project, TxDOT and the local government must execute a Local Project Advance Funding Agreement. DISCUSSION: The west side developer has requested a U -turn along the eastbound and westbound frontage roads of IH635 at approximately 2950 feet east of Luna Road. The total project expenditures are anticipated to be $738,108.00, which will be provided by the developer. The City of Farmers Branch will administer the project. There will be no reimbursement by TxDOT. TxDOT requires the full amount of the project's costs in advance. These funds will be provided by the developer. This is a companion item to the agreement for Developer assumption of TxDOT AFA project for the U -turns on the eastbound and westbound frontage roads of IH635 located 2950 feet east of Luna Road relative to the West Side Development. RECOMMENDATION: City Administration recommends approving Resolution No. 2017 -038 approving a Local Transportation Advance Funding Agreement with the Texas Department of Transportation for the construction of one lane U -turns under IH635 east of Luna Road. POSSIBLE COUNCIL ACTION: 1. I move to approve Resolution No. 2017 -038 approving a Local Transportation Advance Funding Agreement with the Texas Department of Transportation for the construction of one lane U -turns under IH635 east of Luna Road. City of Farmers Branch Page 1 Printed on 71612017 File Number: TMP -2250 2. I move to approve Resolution No. 2017 -038 approving a Local Transportation Advance Funding Agreement with the Texas Department of Transportation for the construction of one lane U -turns under IH635 east of Luna Road, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Location Map 2. Resolution No. 2017 -038 3. AFA with TxDOT City of Farmers Branch Page 2 Printed on 71612017 r illy • 4 « t i r I.H. 635 TURNAROUND 5� LYNDON B. JOHNSON 1- W r - A r _ f 3" E 503.9 Z s 1 flow qr '71 I . ' r � -T r,� us ICI 0 100 200 400 600. GRAPHIC SCALE IN FEET C , .. r �ti 635 TURNAROUND m K v X D �v Pacheco Koch 7557 DALLAS, RAMBLER ROAD, SUITE 1400 DALLAS, TX 75231 972.235.3031 TX REG. ENGINEERING FIRM F -4 09 — TX REG. SURVEYING FIRM LS- 10008000 RESOLUTION NO. 2017-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS AUTHORIZING APPROVAL OF A BRANCH LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION RELATIVE TO CONSTRUCTION OF ONE LANE U -TURNS UNDER INTERSTATE HIGHWAY 635 EAST OF LUNA ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. t e b o b ^ pI4he Texas Department of Transportation ( "TxDOT ") has approved a Local Project Advance Funding Agreement ( "AFA ") to provide approval for the construction of a one lane U- turn on eastbound and westbound frontage roads of IH635 at approximately 2950 feet east of Luna Road ( "the Project "); and t e b o b ^ pI= 56-" q aa�ie4a�a H at c^ =a F a a 1�hQqL�4=jLj�! aio ail aai�= ift4A c^ =4Q:z6 i oiLt=eFEi ae" �L aa( a4"e- e�LE ri aF ei AaF � ai aa( aai� =-a= -FT! Fair d&OXft Fes, e 1 e� e io= t�Fai IE aF�i L Fe i F i i ai6 i eei �Ai�aaaa(3iL' c^ ; and t e bob ^ pI =if!= 2 46= q i a Mi t� 46=:�&c --ea 1 i A interest to accept the recommendation of the City Administration; k t I-qe b o b c I obi b='q=obpl i s b =vie b= fqv= 1 r k' fi 4 cue b= fgv4 c= c^oj bop= o ^k' eI:qbu^p=qeAgW pb' qfl k+Kgi.A i6 -a -i iL eao aC� a aT P�i1t aio � qe- aee�ei aka= n*�=^ q - aAE�ci a�O=^ (HF� Fai FI^ c^ aU4UE ri Fe�eia Fai P e�aee�ei ara= ei Aei - aia- a�aI�Iea -Ii �LFi� ?A pb' ?I = a�aee�e iFaa�,oIIFa�= ee�i a�l`Ia�(eiL�i�aF�iK pb' qfl k4liqi� i6g iq= 6jif4& =fi.1�L ao . ' AaaO -i ' ae eHi eiL as L c^ =A6 &" i jQaON dq&ff ki CL Je& -ito tka Fa i= RdQ6OK pb' qfl k=PKgfk:efEgi ikd=� a E:-�S1�aa a Bea tb i eta ie �ee�CII� nil ppba= ^ka=0`mml s b _v=qe b= fqv= 1 rk' fi 4 cue b= fgv4 c=C ^o j bop= _o ^k' eIgbu^pFgefp= We a^v4 c=grivFOWIK AggbpqW ^mTDl s ba W ^ a 6=nfi a -a,4.= do=pbEb--e6 o q� ' M 6IIj -6o ^mml s ba=1p=ql =e1 of W I I I I I I I I I I I I I I I I I I I I I I I I I niT k-d 14) d iQ= j6 A iigCAt6 fV6WIONfW4PF CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A LOCAL GOVERNMENT CONTRIBUTION TO A TRANSPORTATION IMPROVEMENT PROJECT ON SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the City of Farmers Branch, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 114670, authorizing the State to undertake and complete a highway improvement generally described as the construction of 1 -lane U -turns on Eastbound and Westbound frontage roads on IH 635 at 2950 feet East of Luna Road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding, at no cost to the State, the entire highway improvement described as the preparation of preliminary engineering (design schematic, and environmental documents /public involvement), plans, specifications and estimates (PS &E) and the construction of 1 -lane U -turns on Eastbound and Westbound frontage roads on IH 635 at 2950 feet East of Luna Road in the City of Farmers Branch, Dallas County, called the "Project "; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by Resolution No. 2017 -038 dated March 21, 2017, which is attached to and made a part of this agreement as Attachment "A" for the improvement covered by this agreement. AFA- AFA_LongGen Page 1 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas A map showing the Project location appears in Attachment "B," which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work is described as the preparation of preliminary engineering (design schematic, and environmental documents /public involvement), plans, specifications and estimates (PS &E) and the construction of 1 -lane U -turns on Eastbound and Westbound frontage roads on IH 635 at 2950 feet East of Luna Road in the City of Farmers Branch, Dallas County, as shown on Attachment "B ". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget — Attachment "C ", which is attached to and made a part of this agreement. The expected cash contributions from the Local Government, or other parties are shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. Not Applicable to this Agreement B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is overseeing or working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to oversee or working directly and actively on the Project. The State in its discretion may deny AFA- AFA_LongGen Page 2 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas reimbursement if the Local Government has not designated a qualified individual to oversee or working actively and directly on the Project. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. Not Aaalicable to this Agreement E. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost unless otherwise specified in Attachment C, Project Budget. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a "periodic payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. AFA- AFA_LongGen Page 3 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas M. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of those amounts. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Not Aaalicable to this Agreement Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. Not Annlicable to this Agreement 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. AFA- AFA_LongGen Page 4 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). AFA- AFA_LongGen Page 5 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities Not Annlicable to this Agreement A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use State approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property. AFA- AFA_LongGen Page 6 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City Manager City of Farmers Branch P. O. Box 819010 City Hall Plaza Farmers Branch, Texas 75381 -9010 State: Director of Contract Services Texas Department of Transportation 125 E. 11 t" Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA- AFA_LongGen Page 7 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance A. A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. AFA- AFA_LongGen Page 8 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and /or b. cancelling, terminating, or suspending of the contract, in whole or in part. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http: / /ftp.dot.state.tx.us /pub /txdot- info /bop /dbe /mou /mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 AFA- AFA_LongGen Page 9 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, AFA- AFA_LongGen Page 10 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http : / /www.gpo.gov /fdsys /pkq /FR- 2010- 09- 14/pdf/2010- 22705.pdf and http:/ /www.qpo.gov /fds sy /pkg /FR- 2010- 09- 14/pdf/2010- 22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https: / /www.sam.gov /portal /public /SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website htti):Hfedgov.dnb.com /webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. AFA- AFA_LongGen Page 11 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at singleaudits txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 30. Pertinent Non - Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100 -209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). AFA- AFA_LongGen Page 12 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 31. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT — CITY OF FARMERS BRANCH By: Charles S. Cox City Manager Date: THE STATE OF TEXAS 21 Kenneth Stewart Director of Contract Services Texas Department of Transportation Date: AFA- AFA_LongGen Page 13 of 13 Revised 10/18/2016 CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas ATTACHMENT A RESOLUTION NO. 2017 -038 AFA- AFA_LongGen Page 1 of 1 Attachment A CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas ATTACHMENT 8 LOCATION MAP SHOWING PROJECT 635TURNAROU Pacheco Koch AFA- AFA_LongGen Page 1 of 1 Attachment B CSJ #: 2374 -01 -185 District #: 18- Dallas Code Chart 64 #: 14250 Project: IH 635 Limits: at 2950 feet East of Luna Road County: Dallas ATTACHMENT C PROJECT BUDGET Costs will be based on 100% Local Government funding and cost overruns for the Local Government to prepare preliminary engineering (design schematic, and environmental documents /public involvement), plans, specifications and estimates (PS &E) and construct 1 -lane U -turns on Eastbound and Westbound frontage roads on IH 635 at 2950 feet East of Luna Road in the City of Farmers Branch, Dallas County. The State will not be responsible for any of the Project costs. The Project cost is as follows: Description Total Estimate Cost Federal Participation State Participation Local Government Participation Preliminary Engineering (by Local) $60,000 0% $0 0% $0 100% $60,000 Construction (by Local) $600,000 0% $0 0% $0 100% $600,000 Direct State Cost — Engineering $6,000 0% $0 0% $0 100% $6,000 Direct State Cost — Construction $30,000 0% $0 0% $0 100% $30,000 Indirect State Cost @ 6.38% $42,108 0% $0 0% $0 100% $42,108 TOTAL $738,108 $0 $0 $738,108 Total Estimated Local Government Participation = $738,108 Total estimated payment by the Local Government to the State on full execution of this Agreement = $78,108 This is an estimate. The final amount of the Local Government participation will be based on actual costs. AFA -AFA LongGen Page 1 of 1 Attachment C 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -083 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council File Type: Resolution Agenda Number: 1.8 Consider approving Resolution No. 2017 -083 authorizing approval of the First Amendment to the Dallas County Capital Improvement Project Funding Agreement with Dallas County relative to the Westside Trail Project; and take appropriate action. BACKGROUND: In May 2016 the City and Dallas County ( "the County") entered into a Capital Improvement Project Funding Agreement ( "Funding Agreement ") to provide funds to construct a multi -modal trail facility relative to the City's Westside Trail Project ( "the Project "). The County was designated as the Lead Agency for the Project. DISCUSSION: As planning proceeded, it was determined by County and City staffs that the Project could proceed more efficiently if the City were to serve as the Lead Agency for the Westside Trail Project. RECOMMENDATION: City Administration recommends the Funding Agreement between the City and County be amended to reflect this change. POSSIBLE COUNCIL ACTION: 1. I move to approve Resolution No. 2017 -083 authorizing approval of the First Amendment to the Dallas County Capital Improvement Project Funding Agreement with Dallas County relative to the Westside Trail project. 2. I move to approve Resolution No. 2017 -083 authorizing approval of the First Amendment to the Dallas County Capital Improvement Project Funding Agreement with Dallas County relative to the Westside Trail project, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Location Map 2. Resolution No. 2017 -083 City of Farmers Branch Page 1 Printed on 71612017 ..ke ro.ft,* pl."Fw I-INEROM RVING -4 32321 pyrrfirrk AOU'. PAID ..04. Y5tl4 'R City funded trails RESOLUTION NO. 2017-083 !y r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, AUTHORIZING APPROVAL OF THE FIRST BRANCH AMENDMENT TO THE DALLAS COUNTY CAPITAL IMPROVEMENT PROJECT FUNDING AGREEMENT WITH DALLAS COUNTY RELATIVE TO THE WESTSIDE TRAIL PROJECT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in May 2016, the City and Dallas County ( "the County ") entered into a Capital Improvement Project Funding Agreement ( "Funding Agreement ") to provide funds and set out other agreements relating to the construction of a multi -modal trail facility relative to the City's Westside Trail Project ( "the Project "); and WHEREAS, the County was designated as the Lead Agency for the Project in the Funding Agreement; and WHEREAS, as planning for the Project proceeded, it was determined by County and City staffs that the Project could proceed more efficiently if the City were to serve as the Lead Agency for the Project and recommend the Funding Agreement be amended accordingly; and WHEREAS, the City Council of the City of Farmers Branch, Texas, finds it to be in the public interest to concur in the foregoing recommendation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The City Manager is authorized to sign on behalf of the City the First Amendment to the Dallas County Capital Improvement Program Funding Agreement substantially in the form attached hereto and incorporated herein by reference. SECTION 2. This resolution shall become effective immediately upon final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS THE 11TH DAY OF JULY, 2017. ATTEST: Amy Piukana, City Secretary APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/2/17:87693) APPROVED: Robert C. Dye, Mayor FA Amendment No. 1— Westside Trail 1 12/16 RESOLUTION NO. 2017-083 EXHIBIT "A" FIRST AMENDMENT TO THE DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROGRAM FUNDING AGREEMENT This Amendment is entered into this 11th day of Jam, 2017, to amend the Program Funding Agreement ( "FA ") between the City of Farmers Branch, Texas (the, "City "), and County of Dallas acting by and through the Dallas County Commissioners Court (the "County ") for the implementation of the Westside Trail MCIP Project 20501, hereinafter called (the "Project "). Whereas, Chapter 791 of The Texas Government Code and Texas Transportation Code Article 251 provides authorization for local governments to contract with each other for the performance of governmental functions and services, as well as for joint funding of road or street projects; and Whereas, pursuant to Dallas County Commissioners Court Order 2011- 1203 dated July 5, 2011, the County acting by and through the Dallas County Commissioners Court, and the City entered into a Master Agreement to jointly fund various street improvement projects; and Whereas, pursuant to Dallas County Commissioners Court Order No. 2016 -0769 dated June 21, 2016 County and City entered into a Program Funding Agreement for the implementation of the Westside Trail MCIP Project 20501; and Now therefore, this First Amendment is made by and entered into by the City and the County for the mutual consideration stated herein. I. Purpose City and County mutually agree to amend said FA in accordance with the terms of the existing Agreement, except as modified below. The purpose of this Agreement is to amend the funding. II. Amended Provisions 1. Witnesseth section of the FA shall be amended by deleting and replacing the second whereas section, with the following: City has requested that it be designated as the Lead Agency for the Project and will provide the Project Manager 2. Article III, "Incorporated Documents" of this FA shall be amended by replacing the following attachment: The Project Scoping Sheets, as shown in Attachment "A" Article VI, Agreements, I. City Responsibilities shall be amended by deleting and replacing the following: 1. Paragraph 1 shall read as follows: City will be the Lead Agency for the Project. FA Amendment No. 1— Westside Trail 12/16 2. Paragraph 3 shall read as follows: The Project may require the acquisition of road right -of -way within the alignment which is all real property needed or convenient for roadway purposes as shown in the Project design or right -of -way plans and shall include all real property outside of the designed right -way needed or convenient to the construction, drainage, interface with adjoining streets or alleys, driveways or other access ways or other Project permanent or temporary easements which is approved by City and County. Such right -of -way acquisition shall be the responsibility of City as Lead Agency, and shall be funded as part of Project costs. Such acquisitions will be in the ownership of City as City solely will be responsible for maintenance after construction is completed. IV. Effect of Amendment This First Amendment does not change or waive any contractual provisions, clauses or conditions of the original FA, unless otherwise provided for herein. The original FA, including any and all incorporated or referenced documents and any and all exhibits, attachments and amendments that by their terms have been incorporated into any of the foregoing documents, are collectively referred to herein as the FA. All provisions of the FA shall remain in full force and effect throughout the term of the FA and any duly authorized amendments or extensions, including this First Amendment, with the exception of the amended provisions provided herein. The County of Dallas, State of Texas, has executed this Agreement pursuant to Commissioners Court Order Number and passed on the 11th day of July, 2017. The City of Farmers Branch, State of Texas, has executed this Agreement pursuant to duly authorized City Council Resolution No. 2017 -083 dated the 11th day of Jam, 2017. City of Farmers Branch Charles S. Cox City Manager Date Attest: Amy Piukana, City Secretary Approved as to Form: City Attorney County of Dallas Clay Lewis Jenkins Dallas County Judge Approved as to Form *: Dallas County Faith Johnson District Attorney By: Sherri Turner Assistant District Attorney *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). FA Amendment No. 1— Westside Trail 12/16 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 SPECIFIC R.O.W. ALIGNMENT DESCRIPTION City Council approves of the Financing, Construction or Improvement on Westside Trail beginning at Farmers Branch Rail Station and ending at John F. Burke Nature Preserve /Campion Trail, with an approximate width of 10' -12' or as otherwise necessary and convenient for construction of the project, as more fully described in the City/NCTCOG Thoroughfare/ Transportation Plan. LEAD AGENCY: City of Farmers Branch LEAD AGENCY'S PROJECT MANAGER: Mitzi Davis CONTACT INFORMATION: (972) 919 -2586 PROJECT LIMITS: xxxxxxxxxxxxxxx PROJECT LENGTH: xxxxxxxxx PAVEMENT AND ALIGNMENT TOPICS PAVEMENT SECTION PAVING DESIGN CRITERIA RECREATIONAL TRAILS "OFF" STREET, HARD SURFACE ROW WIDTH: Existing: Proposed: PAVEMENT WIDTH: Existing: NONE Proposed: 10' -12' No. of lanes proposed: Page 1 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 PAVEMENT CROSSFALL: PROPOSED 2% MINIMUM I % MAXIMUM 2% MEDIANS - N/A MEDIAN WIDTH N/A ANY MID BLOCK OPENINGS TO CONSIDER? ❑ YES X NO ANY SIDE STREETS TOO CLOSE FOR OPENING? ❑ YES X NO STANDARD TURN LANE WIDTH N/A STANDARD NOSE WIDTH N/A PARKWAY: Proposed Width N/A Proposed Sidewalk Width N/A Parkway cross fall slope maximum N/A GRADE REQUIREMENTS: Is TC 6" below adjacent ground criteria to be followed? ❑ YES X NO Any deep cuts, high fills? ❑ YES X NO VERTICAL GRADE: MINIMUM MAXIMUM I% 5% CENTERLINE ALIGNMENT POSITION: Page 2 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 IN CENTER OF EXISTING ROW? OFFSET FROM CENTER? ❑ YES ON BRAND NEW ALIGNMENT? X YES ❑ NO X NO If yes, what distance? ❑ YES X NO LEFT TURN LANES: ❑ YES X NO If yes, are left turn lanes designated or continuous? ❑ DESIGNATED ❑ CONTINUOUS CRASH CUSHIONS /ATTENTUATORS INVOLVED? ❑ YES X NO RAILROAD CROSSINGS INVOLVED? ❑ YES X NO NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? ❑ YES ❑ NO X N/A PAVEMENT STRUCTURE DESIGN WHEEL LOAD BUS AND HEAVY TRUCK TRAFFIC? ❑ YES X NO ROADWAY CLASSIFICATION RECREATIONAL TRAIL MINIMUM PAVEMENT STRUCTURE 6" THICKNESS: MINIMUM PAVEMENT BASE OR SUBGRADE =6- THICKNESS: Page 3 of 9 MINIMUM LENGTH: MINIMUM STORAGE: WIDTH: ANY DUAL LEFT TURN LANES? ❑ YES X NO ANY FREE RIGHT TURN LANES? ❑ YES X NO ❑ CONTINUOUS CRASH CUSHIONS /ATTENTUATORS INVOLVED? ❑ YES X NO RAILROAD CROSSINGS INVOLVED? ❑ YES X NO NOTE: IF CURRENT CROSSING IS NOT USED, IS ABANDONMENT AN OPTION? ❑ YES ❑ NO X N/A PAVEMENT STRUCTURE DESIGN WHEEL LOAD BUS AND HEAVY TRUCK TRAFFIC? ❑ YES X NO ROADWAY CLASSIFICATION RECREATIONAL TRAIL MINIMUM PAVEMENT STRUCTURE 6" THICKNESS: MINIMUM PAVEMENT BASE OR SUBGRADE =6- THICKNESS: Page 3 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects DESIGN SPEED POSTED PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 N/A N/A SPEED DRIVEWAYS MAXIMIMUM RESIDENTIAL GRADE ( %) MAXIMIMUM COMMERCIAL GRADE MINIMUM COMMERCIAL DRIVEWAY C. SIDE STREET CONSIDERATIONS: TURNING RADIUS, MINIMUM PAVEMENT THICKNESS COMMERCIAL DRIVEWAY THICKNESS N/A FN/A ( %) N/A WIDTH N/A N/A DRAINAGE TOPICS STORM SEWER DESIGN CRITERIA: ❑ TxDOT X CITY ❑ HYDRO -35 ❑ TP -40 INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) N/A MINIMUM COVER FOR LATERALS N/A BRIDGES /BOX CULVERTS INVOLVED? ❑ YES X NO If yes, specify involvement: ❑ BRIDGE(S) ❑ BOX CULVERT(S) 100 YEAR FLOOD PLAIN CONSIDERATION? X YES ❑ NO If yes, how many feet of freeboard are required? N/A Page 4 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 PERMITS COE 404 PERMITS NEEDED ❑ YES X NO TNRCC 401 PERMIT ❑ YES X NO CDC PERMIT ❑ YES X NO EIS ❑ YES X NO ADA PERMIT X YES ❑ NO ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TxDOT, DFW AIRPORT, DART, ETC.? X YES ❑ NO If yes, please document below: ALWOOD IMPROVEMENT AUTHORITY, TRINITY RIVER AUTHORITY, TXDOT, CITY OF IRVING, NORTH TEXAS TOLLWAY AUTHORITY UTILITIES LIST OF ALL KNOWN UTILITIES: ATER, SANITARY SEWER, ONCOR, ATMOS GAS, RAILROAD, TELECOMMUNICATIONS DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS: TMOS HIGH PRESSURE GAS MAIN ARE UTILITIES ON EXISTING STREET R.O.W.? X YES ❑ NO DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? ❑ YES ❑ NO X UNDETERMINED If yes, please describe below: Page 5 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? ❑ YES X NO ANY UNUSUAL CONSIDERATIONS? ❑ YES X NO If yes, please document below: R -O -W ACQUISITION RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: ❑ YES X NO ANY NON - ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, TREE ORDINANCES? ❑ YES X NO If yes, please define below: ANY NON - CONFORMING ISSUES? ❑ YES X NO R.O.W. MAP NEEDED? X YES ❑ NO FIELD NOTES NEEDED? X YES ❑ NO R.O.W. PLATS NEEDED? X YES ❑ NO RELOCATION ASSISTANCE INVOLVED? ❑ YES X NO PARKING /LOSS OF PARKING CONSIDERATIONS? ❑ YES X NO HISTORICAL SITE CONSIDERATION? ❑ YES X NO USUAL CITY TOPICS OF CONCERN Pagc 6 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 DESIGN STANDARDS TO BE USED? NCTCOG AND FARMERS BRANCH ORDER OF PRECEDENCE OF NCTCOG AND FARMERS BRANCH STANDARDS AUXILIARY LANES? ❑ YES X NO PROVISIONS FOR FUTURE WIDENING? ❑ YES X NO LANDSCAPING? ❑ YES EXPOSED AGGREGATE DRIVEWA STAMPED /COLORED CONCRETE? IRRIGATION? ❑ YES BRICK PAVERS? ❑ YES If yes, please define location(s): X NO YS, SIDEWALKS? ❑ YES X NO ❑ YES X NO • NO • NO STREET LIGHTING? ❑ YES X NO TRAFFIC SIGNALS? ❑ YES X NO PAVEMENT MARKINGS? X YES ❑ NO BIKE LANES (EXTRA WIDTH)? X YES ❑ NO If yes, specify width: NEW SIDEWALKS? X YES ❑ NO BUS TURNOUTS? ❑ YES X NO BUS STOPS OR BUS SHELTERS? ❑ YES X NO WATER UTILITY BETTERMENTS? ❑ YES X NO Page 7 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 WATER UTILITY RELOC.? ❑ YES X NO SAN. SEWER BETTERMENTS? ❑ YES X NO SAN. SEWER RELOC.? ❑ YES X NO RETAINING WALLS? ❑ YES X NO If yes, please specify wall type (stone, blocks, gabions, proprietary types, etc.): SOD, SEEDING, TOPSOIL? X SOD X SEEDING ❑ TOPSOIL ❑ OTHER: DRAINAGE IMPROVEMENTS? ❑ YES X NO RR CROSSING IMPROVEMENTS? ❑ YES X NO ❑ N/A GRADE SEPARATIONS? ❑ YES X NO RAMPS OR CONNECTORS TO TxDOT FACILITIES? ❑ YES X NO If yes, please specify facility(ies) below: SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS ANY NEARBY OR ADJACENT SCHOOLS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? ❑ YES X NO If yes, please list the special consideration(s) below: Page 8 of 9 ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS Project Name: West Side Trail (Farmers Branch) MCIP Project 20501 PUBLIC INVOLVEMENT CITY COUNCIL APPROVAL OF ALIGNMENT REQUIRED? ❑ YES X NO NEIGHBORHOOD MEETING, REQUIRED? X YES ❑ NO HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? X YES ❑ NO ❑ N/A IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? X CITY X COUNTY ❑ N/A DOCUMENT POTENTIAL SITES FOR PUBLIC AND /OR NEIGHBORHOOD MEETINGS: CONSTRUCTIBILITY REPORT FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND /OR THE SAFETY OF THE PROJECT? Page 9 of 9 400 ;� City of Farmers Branch Farmers Branch City Hall _Igo\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -077 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council Agenda Number: 1.9 File Type: Resolution Consider approving Resolution No. 2017 -077 abandoning a street easement known as Knightsbridge Road north of IH 635, south of Farmers Branch Creek and just west of the railroad; and take appropriate action. BACKGROUND: The City of Farmers Branch has been requested to abandon a portion of the right -of -way for Knightsbridge Road north of IH 635, south of Farmers Branch Creek and just west of the railroad at the city limits. The right -of -way requested to be abandoned was dedicated by plat as recorded in Instrument Number 200600172708 and 201100225466, Dallas County, Texas Plat Records. DISCUSSION: The Public Works Department of Farmers Branch Knightsbridge Road is not needed now or in the future. will not be constructed in this area. The Developer is as part of a proposed warehouse development in the Upon approval of Resolution No. 2017 -077, the City Release and Quitclaim of Easement to be recorded b release of the City's rights to the easement. has determined that this portion of The roadway has been rerouted and it pursuing the release of the right -of -way overall west side development project. Manager will execute and deliver a f the property owner, affecting a full RECOMMENDATION: City Administration recommends approval of Resolution No. 2017 -077 abandoning a street right -of -way known as Knightsbridge Road north of I1-1635, south of Farmers Branch Creek and just west of the railroad at the City Limits. POSSIBLE COUNCIL ACTION: 1. I move to approve Resolution No. 2017 -077 abandoning a street easement known as Knightsbridge Road between Luna Road and Crown Drive. 2. I move to approve Resolution No. 2017 -077 abandoning a street easement known as Knightsbridge Road between Luna Road and Crown Drive, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Location Map 2. Resolution No. 2017 -077 City of Farmers Branch Page 1 Printed on 71612017 File Number: R2017 -077 City of Farmers Branch Page 2 Printed on 7/6/2017 Document Path: G:\OB -CAD & GIS \GIS \Arcmap Projects \Location Maps \Location Map 2016B.mxd RESOLUTION NO. 2017-077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, DECLARING BRANCH NONAPPROPRIATION OF CERTAIN PUBLIC STREET RIGHT- OF-WAY IN WESTSIDE ADDITION, SECTION 1 AND TRINITY EAST ADDITION; DIRECTING RECORDING; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 1, 2006, the City Council of the City of Farmers Branch approved the final plat of Westside Addition, Section 1, an addition to the City of Farmers Branch, Dallas County, Texas, as recorded as Instrument No. 200600172708, Map Records, Dallas County, Texas ( "the Westside Sec. 1 Plat "); and WHEREAS, the Westside Sec. I Plat attempts to dedicate certain public street right -of -way for a public street to be known as "Knightsbridge Road" ( "Original Street ROW ") to the City of Farmers Branch ( "the City "); and WHEREAS, on August 2, 2011, the City Council of the City of Farmers Branch approved the final plat of Trinity East Addition, an addition to the City of Farmers Branch, Dallas County, Texas, as recorded as Instrument No. 201100225466, Map Records, Dallas County, Texas ( "the Trinity East Plat "); and WHEREAS, the Trinity East Plat attempts to dedicate certain public street right -of -way for a public street adjacent to the Original Street ROW to expand the original width of Knightsbridge Road ( "Additional Street ROW ") to the City (the Original Street ROW and the Additional Street ROW collectively being "the Street ROW "); and WHEREAS, since the dates of dedication, neither the City nor any other party has constructed or installed any public street, sidewalk, utility, or any related improvements have been constructed or installed within the portion of the Street ROW described and depicted in Exhibit "A" attached hereto and incorporated herein by reference ( "the Released ROW ") or otherwise made an actual appropriation of the Released ROW by entry, use, or improvement; and WHEREAS, the current owners of the property described within the Westside Sec. 1 Plat and the Trinity East Plat have requested that the City vacate, abandon, or otherwise quitclaim any interest the City may have in the Released ROW so that the property may be re- platted without being subject to the Released ROW; and WHEREAS, the City Council of the City of Farmers Branch, Texas, finds that the public will not be harmed by declaring the City's non - appropriation of the previously dedicated easements and its refusal to accept said dedications or by vacating such additional easements and finds it in the public interest to abandon, release, vacate, or otherwise quitclaims the City's interest, if any, in the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The City Council of the City of Farmers Branch, Texas, hereby declares: A. As of the effective date of this Resolution, the City of Farmers Branch has failed to accept the dedication of the Released ROW to the City of Farmers Branch, Dallas County, Texas, as described in Exhibit "A" attached hereto, by entry, use, or improvement of the Released ROW as required by Texas Local Government Code §212.011(a); and B. The City of Farmers Branch does not intend to make an actual appropriation of the Released ROW by entry, use, or improvement and that any interest owned by the City of Farmers Branch in the Released ROW shall be deemed to be terminated, abandoned, and quitclaimed on the effective date of this Resolution. SECTION 2. This Resolution affects only the interests described in Section 1, above, and does not affect any other easements or other interests in real property owned or which may become owned by the City of Farmers Branch within the property constituting the Westside Sec. 1 Plat or the Trinity East Plat. SECTION 3. The City Manager is hereby authorized to execute on behalf of the City of Farmers Branch such documents as may be reasonable and necessary to vacate and abandon all of the City's right, title, and interest in the Released ROW. SECTION 4. The City Secretary is hereby authorized and directed to file a certified copy of this resolution in the Official Public Records of Dallas County, Texas. SECTION 5. This Resolution shall be effective immediately upon final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11TH DAY OF JULY, 2017. ATTEST: "C• /'"D Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/3/17:87700) RESOLUTION NO. 2017 -077 EXHIBIT "A" - Description and Survey of Released ROW WESTSIDE ADDITI N, SEC ON 1 INST. NO. 20060017 OS O.P. D.C.T. BLOCK I KNIGHTSBRIDGE ROAD BLOCK E An 80 foot Public Right -of -Way (No pavement) TRACT 2 - FARMERS BRAt1 H -CARR4 FLOOD CONTROL ISTRICT VOL. 87123, PG. 319 r.R.D.C.T, S 89 043'00" E 10.01'-k 'Alp%- 115.55' INTERSTATE HIGHWAY 635 (A Variable Width Public Right -of -Way) April 27, 2017 EXHIBIT PAGE 1 OF 3 N 89 023'08" E 29.54' POB -_— - S 00 03733" W 79.60' 5/8" capped steel rod found LOT 2 ROW expansion per 201100225466 10' Utility Easement 1/2" cappped l fo U being abandoned herein steel rod d Chord - S 03 05724" E 141.48' a' U F Arc - 238.28' 0 9 .a O Radius - 2050.00' 022'33" a a Chord - N 05 W is U o a, py1 W a 238.14' LOT 1 O m _ '1/2" steel Arc - 125.74' 0 r Radius - 1014.50' O o Chord - S 04 059'17" E a0� 125.66' ' Utility Easement ' N � Arc - 110.46' �d � v Z Radius - 950.00' en b E~ Chord - N 05 022'29" W `j 1W E~ 110.39' J Graphic Scale in Feet 1" = 100' rC 80' ROW per 200600172708 1/2" s1 N 02 1102'38" W 125.85' rod fa 115.55' INTERSTATE HIGHWAY 635 (A Variable Width Public Right -of -Way) April 27, 2017 EXHIBIT PAGE 1 OF 3 N 89 023'08" E 29.54' POB -_— - S 00 03733" W 79.60' 5/8" capped steel rod found LOT 2 ROW expansion per 201100225466 H U Arc - 141.63' Radius - 885.50' a Chord - S 03 05724" E 141.48' a' �O BLOCK A - TRINITY EAST ADDITION A INST. NO. 201100225466 O.P.R.D.C.T. O o is U o N I LOT 1 m > _ '1/2" steel Arc - 125.74' 0 r Radius - 1014.50' _ Chord - S 04 059'17" E 125.66' ' Utility Easement eing abandoned herein i S 01026'13" E 50.68' ;d `j 1W Ld 0 100 200 C J Graphic Scale in Feet 1" = 100' = r r W MILLER Surveying, Inc. Commercial • Residential • Municipal 430 Mid Cities Blvd. 817 -577 -1052 Hurst, Texas 76054 TxLSF No. 10100400 MillerSurvey.net Job No. 15086 • Plot File 15086 Knight Abdt ROW RESOLUTION NO. 2017 -077 EXHIBIT "A" - Description and Survey of Released ROW FIELD NOTE DESCRIPTION OF A STREET AND EASEMENT ABANDONMENT Being a tract of land out of Harrison Marsh Survey, Abstract No. 916 and situated in the City of Farmers Branch, Dallas County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in April of 2017, said tract being a portion of the Knightsbridge Road right -of -way dedicated by the plat of Westside Addition, Section I recorded as Instrument No. 200600172708 of the Official Public Records of Dallas County, Texas, and by the plat of Trinity East Addition recorded as Instrument No. 201100225466 of said records, also including a portion of the same tract of land described as "TRACT 2" in the deed to CADG Mercer 9, LLC recorded as Instrument No. 201600321565 in said records and being more particularly described by metes and bounds as follows: Beginning at a to a 1/2 inch capped steel rod found for the northwest corner of Lot 2, Block A of said Trinity East Addition, said rod being in the easterly right -of -way line of the Knightbridge Road dedication (201100225466); Thence South 00 degrees 37 minutes 33 seconds West with the westerly boundary line of said Block A and with said easterly right -of -way line a distance of 79.60 feet to a 5/8 inch capped steel rod found for the beginning of a curve to the left with a radius of 885.50 feet and whose chord bears South 03 degrees 57 minutes 24 seconds East at 141.48 feet; Thence southerly continuing with said westerly boundary line and said easterly right -of -way line and with said curve along an arc length of 141.63 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 08 degrees 32 minutes 19 seconds East continuing with said westerly boundary line and said easterly right -of -way line a distance of 82.24 feet to a 1/2 inch steel rod found for the beginning of a curve to the right with a radius of 1014.50 feet and whose chord bears South 04 degrees 59 minutes 17 seconds East at 125.66 feet; Thence southerly continuing with said westerly boundary line and said easterly right -of -way line and with said curve along an arc length of 125.74 feet to a 1/2 inch steel rod found for the end of said curve; �� OF T - MILLER R�o9N y.:�� * Sul'Veying, Inc. JASON B. RAWLINGS __.,.__...__..__...__...,_.... ''• o �' Commercial • Residential • Municipal 430 Mid Cities Blvd. 817- 577 -1052 ti0' .S Hurst, Texas 76054 TxLSF NO. 10106400 l}RJ� MillerSurvey.net April 27, 2017 EXHIBIT PAGE 2 OF 3 Job No. 15086 • Plot File 15086 Knight Abdt ROW RESOLUTION NO. 2017 -077 EXHIBIT "A" - Description and Survey of Released ROW FIELD NOTE DESCRIPTION OF A STREET AND EASEMENT ABANDONMENT (Cont'd) Thence South 01 degrees 26 minutes 13 seconds East continuing with said westerly boundary line and said easterly right -of -way line a distance of 50.68 feet to a 1/2 inch capped steel rod found for the southwest corner of Lot 1 of said Block A, said rod being in the northerly right -of -way line of Interstate Highway 635; Thence South 89 degrees 27 minutes 48 seconds West with said northerly right -of -way line a distance of 115.55 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the westerly boundary line of a ten foot (10') utility easement dedicated by said Westside Addition Section I plat; Thence North 02 degrees 02 minutes 38 seconds West with said easement line a distance of 125.85 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 950.00 feet and whose chord bears North 05 degrees 22 minutes 29 seconds West at 110.39 feet Thence northerly continuing with said easement line and with said curve along an arc length of 110.46 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the right with a radius of 2050.00 feet and whose chord bears North 05 degrees 22 minutes 33 seconds West at 238.14 feet; Thence northerly continuing with said easement line and with said curve along an arc length of 238.28 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the northerly boundary line of said Tract 2; Thence South 89 degrees 43 minutes 00 seconds East a distance of 10.01 feet to a 1/2 inch capped steel rod found in the westerly right -of -way line of said Knightsbridge Road dedication (200600172708); Thence North 85 degrees 44 minutes 07 seconds East a distance of 80.06 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the easterly right -of -way line of said Knightsbridge Road dedication (200600172708); Thence North 89 degrees 23 minutes 08 seconds East a distance of 29.54 feet to the point of beginning and containing 1.236 acres of land, more or less. - MILLER Surveying, Inc. ASON B. RAWLINGS ;) Commercial • Residential • Municipal � 5665 O� % 430 Mid Cities Blvd. 817 -577 -1052 o�Q. .. L Hurst, Texas 76054 TxLSF No. 1010 400 Mille rSu rvey.n et April 27, 2017 EXHIBIT PAGE 3 OF 3 Job No. 15086 • Plot File 15086 Knight Abdt ROW 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -079 Agenda Date: 7/11/2017 Version: 1 Status: Consent Agenda In Control: City Council File Type: Resolution Agenda Number: 1.10 Consider approving Resolution No. 2017 -079 authorizing the City Manager to execute an Interlocal Cooperative Buy Board agreement with Groves Electrical Service for the purchase and installation of two generators at the Aquatics Center; and take appropriate action. BACKGROUND: Since the 2015 Aquatics Center opening, there have been issues with power outages for extended periods of time resulting in both the indoor and outdoor pool not being open, followed by a delay in opening after the power returned due to pool chemical imbalance. Further, power outage led to equipment damage as flooding occurred in the outdoor equipment area when sump pumps were not able to operate and remove water. To minimize the impact, staff researched and evaluated the installation of generators to power both the outdoor aquatics area and the indoor pool during outages. A plan was developed to have one generator for the outdoor aquatics area and on generator for the indoor pool facility. DISCUSSION: The City of Farmers Branch requested a quotation from the Buy Board Purchasing Cooperative. City Administration evaluated the quotation as to meeting specifications and desire to award the purchase and installation of two generators to Groves Electrical Service. The funding for the generator project is coming from the remaining balance in the Aquatics Center capital improvement fund budget with a current balance of $214,612. The remaining funds of $14,862 will be used for construction of concrete pad and fencing/block walls for the generators. RECOMMENDATION: City Administration recommends approval of the purchase and installation of two generators at the Aquatics Center with Groves Electrical Service through the Buy Board Purchasing Cooperative. POSSIBLE COUNCIL ACTION: 1. I move to approve Resolution No. 2017 -079 authorizing the City Manager to execute an Interlocal Cooperative Buy Board Agreement with Groves Electrical Service for the purchase and installation of two generators at the Aquatics Center 2. I move to approve Resolution No. 2017 -079 authorizing the City Manager to execute an City of Farmers Branch Page 1 Printed on 71612017 File Number: R2017 -079 Interlocal Cooperative Buy Board Agreement with Groves Electrical Service for the purchase and installation of two generators at the Aquatics Center, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Resolution No. 2017 -079 2. Information Memorandum to Council - Aquatics Center Generators 3. Aquatics Center Generator Quote City of Farmers Branch Page 2 Printed on 71612017 ;1 -7 RESOLUTION NO. 2017-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, AUTHORIZING THE EXECUTION OF AN BRANCH INTERLOCAL COOPERATIVE BUY BOARD AGREEMENT WITH GROVES ELECTRICAL SERVICE FOR THE PURCHASE AND INSTALLATION OF TWO GENERATORS AT THE AQUATICS CENTER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is $214,862 remaining in the Aquatics Center Construction Project Fund and a $199,750 identified expense for the purchase and installation of two generators at the Aquatics Center; and WHEREAS, City staff prepared specifications and requested a quotation from the cooperative purchasing program of Buy Board; and WHEREAS, having evaluated the quotation received and determining the generator purchase and installation as meeting specifications can be purchased from Groves Electrical Service. through the City's cooperative purchasing program with Buy Board for the amount of $199,750, the City administration recommends such purchase; and WHEREAS, the City Council of the City of Farmers Branch, finds it to be in the public interest to purchase and install two generators from Groves Electrical Service. through the Buy Board purchasing program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute an Interlocal Cooperative Buy Board Agreement with Groves Electric Service for the purchase and installation, on behalf of the City, two generators at the Aquatics Center in an amount not to exceed $199,750. SECTION 2. This Resolution shall take effect immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11th DAY OF JULY, 2017. ATTEST: Amy Piukana, City Secretary APPROVED: Robert Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney C-1 FARMERS BRANCH INFORMATION MEMORANDUM TO: Mayor and City Council FROM: Kevin Muenchow, Fleet and Facilities Director DATE: July 11, 2017 SUBJECT: Aquatics Center Generators Since the 2015 Aquatics Center opening, there have been issues with power outages for extended periods of time resulting in both the indoor and outdoor pool not being open. Once power was restored there were additional delays in reopening due to pool chemical imbalance. Further, power outage led to equipment damage as flooding occurred in the outdoor equipment area when sump pumps were not able to operate and remove water. To minimize the impact, staff evaluated the installation of generators to power both the outdoor aquatics area and the indoor pool with the remaining funds in the Aquatics Center Capital Improvement Fund Project. Staff is recommending the installation of one generator to power 100 percent of the outdoor aquatics area during a power outage, allowing it to continue to be open. The second generator will power the indoor pool pumps and chemical system, allowing the indoor pool to be able to maintain circulation and chemical balance to reduce the reopening time once the power is restored. The second generator will also provide power for building lighting and power for the cashier booth, concessions and offices to support the outdoor pool during power outages during the summer. In summary, the generators will allow the outdoor aquatics area to continue to being open during the summer months when power outages occur. The indoor pool will not be open when power outages occur, but when the power restores the lead time to open will be significantly reduced. If approved, the generator installations will occur after the outdoor aquatics area season closes after Labor Day weekend. From: The Office of the City Manager Date: 1 -22 -2012 Subject: Agenda Item No. Consider adopting Resolution No. 2017 -079 authorizing the City Manager to execute an Interlocal Cooperative Buy Board Agreement with Groves Electrical Service for the purchase and installation of two generators at the Aquatics Center; providing an effective date, and take appropriate action. Presenter: Kevin Muenchow, Fleet and Facilities Director BACKGROUND: Since the 2015 Aquatics Center opening, there have been issues with power outages for extended periods of time resulting in both the indoor and outdoor pool not being open, followed by a delay in opening after the power returned due to pool chemical imbalance. Further, power outage lead to equipment damage as flooding occurred in the outdoor equipment area when sump pumps were not able to operate and remove water. To minimize the impact, staff researched and evaluated the installation of generators to power both the outdoor aquatics area and the indoor pool during outages. A plan was developed to have one generator for the outdoor aquatics area and on generator for the indoor pool facility. DISCI JSSTON The City of Farmers Branch requested a quotation from the Buy Board Purchasing Cooperative. City Administration evaluated the quotation as to meeting specifications and desire to award the purchase and installation of two generators to Groves Electrical Service. The funding for the generator project is coming from the remaining balance in the Aquatics Center construction fund budget with a current balance of $214,612. The remaining funds of $14,862 will be used for construction of concrete pad and fencingiblock walls for the generators. RECOMMENDATION: City Administration recommends approval of the purchase and installation of two generators at the Aquatics Center with Groves Electrical Service through the Buy Board Purchasing Cooperative. Attachments: 1. Resolution No. 2017 -079 2. Information Memorandum to Council — Aquatics Center Generators 3. Aquatics Center Generator Quote izfj FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: J.1 City of Farmers Branch Staff Report File Number: ORD -3447 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Public Hearing File Type: Ordinance Conduct a public hearing and consider adopting Ordinance No. 3447 for a Specific Use Permit for a hotel located at 1520 Mira Lago Blvd.; and take appropriate action. BACKGROUND: This 2.03 acre site is located within the Mira Lago peninsula, in the northwestern tract defined by the existing Mira Lago and Lago Vista West Boulevards. The entire Lago Vista peninsula (consisting of approximately 66 acres) is zoned Planned Development No. 81 (PD -81). This PD allows for a wide variety of retail, office and high density residential development. This undeveloped site is located within the "Employment Core" zoning subdistrict, which currently allows "limited service hotels" to be developed after obtaining a Specific Use Permit. DISCUSSION: The applicant, La Quinta Inn and Suites, is requesting a Specific Use Permit to allow a hotel use on the Mira Lago Peninsula. The Site Plan for this SUP proposes two buildings on the site: one 4 -story hotel, containing 109 rooms, and one 2 -level parking structure. RECOMMENDATION: On May 22nd, the Planning and Zoning Commission voted unanimously to recommend approval of the Specific Use Permit as presented in the Ordinance No. 3447. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Ordinance No. 3447 5. Site Photographs 6. Market Report City of Farmers Branch Page 1 Printed on 7/6/2017 60 ��� La ,, 21,z PD -22 I. H. 635 % BPD =8 \ err A •::'�� \\ \ 81 PD -601 Q J Q i cO subject � / site < �o � R � L P 81 b mN� � 9 p a BPD— ,� 9 �Z KNIGHTSBRinr J 1 I=RU Various official and unofficial sources were used to gad er this e Zoning District Boundary 1 / V U OV Location Map `� �� "'. y. information. Every effortwas made to ensure the accuracy of accuracy, of however, said gvo For is given ivevor implied as to the accuracy, of said data For pictorial reference only. �- -"� Parcel Property Boundaries City Limit 1520 Mira Lago Blvd RANG S BRANCH 0 355 710 - 1. —.. —r Feet Document Path: ZA\Zoninq Cases\2017 cases \17 -SU -08 1520 Mira Laqo (La Quinta)\GIS \Location Maq.mxd Date: 5/10/2017 = Parcel Property Boundaries _.._r City Limit 17 -SU -08 - Aerial Map 1520 Mira Lago Blvd FARMERS BRANCH arious official and unofflcial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data For pictorial reference only. 0 355 710 .0 TAV _4 All Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 6, 2017 SUBJECT: Ordinance 3447 — Specific Use Permit and associated Site Plan for a hotel at 1520 Mira Lago Boulevard Existing Conditions: This 2.03 acre site is located within the Mira Lago peninsula, in the northwestern tract defined by the existing Mira Lago and Lago Vista West Boulevards. The property is surrounded by undeveloped sites to the south and north. To the east is the recently approved Hampton Inn Hotel. To the north, across Mira Lago Boulevard, is the recently approved Mira Lago Hospitality hotels (Candlewood and Holiday Inn Express). At the northeast corner across Mira Lago Boulevard is the Omni Hotel and at the east side across Lago Vista Boulevard is Laguna Vista Apartment Complex. (See Aerial Map) The entire Lago Vista peninsula (consisting of approximately 66 acres) is zoned Planned Development No. 81 (PD -81). (See Location Map) This PD allows for a wide variety of retail, office and high density residential development. PD -81 is divided into two basic subdistricts, the "Employment Core" subdistrict and the "Mixed Use Residential" subdistrict. This 2.03 acre undeveloped site is located within the "Employment Core" zoning subdistrict, which currently allows "hotels, including residence hotels" to be developed after obtaining a Specific Use Permit. Site Design: The applicant is proposing to develop two hotels on site, one along Mira Lago Boulevard, La Quinta Inn and Suites, and another along Lago Vista West Boulevard. This current SUP application is for the La Quinta Hotel, the other hotel will be subject to a different SUP at a later date. (See Overall Conceptual Site Plan) The Site Plan for this SUP proposes two buildings on the site: one 4 -story hotel and one 2 -level parking structure. The hotel is proposed to be located along Mira Lago Boulevard and will have a main lobby with two entries: the main entry with the drop -off area at the southern side and the pedestrian entry on the north side toward Mira Lago Boulevard. The parking structure is proposed at the southern portion of the lot. The remaining southeastern portion along Lago Vista West Boulevard is proposed to be used as a landscape open space until it will be developed into another hotel at a future date. (See Site Plan) The proposed hotel will consist of approximately 57,746 square feet, containing 109 rooms. The rooms will be a combination of room types with 20 suites with king beds, 27 standard rooms with king beds, 55 standard rooms with queen beds and 7 rooms equipped to accommodate guests with disabilities. A lobby with reception desk, meeting area with a small business center, breakfast area, fitness room, and meeting room are located at the first floor. An outdoor pool with seating areas is proposed at the west side of the hotel and will be screened from public view with landscaping. The outdoor areas are accessible only from the hotel. The main entry into the hotel will be located on the south side of the building, and will include a covered driveway area, or "porte cochere." Another entry area will mirror the main entry on the northern side and serve as a pedestrian access from Mira Lago Boulevard. (See Conceptual Floor Plans) A limited number of surface parking spaces (21) are proposed along the garage and along Mira Lago Boulevard; however, most of the guest parking will be located within the parking garage. The parking garage will be pedestrian and vehicle accessible on one side, the stairs and elevator area will be connected to the hotel reception area through a walkway. The dumpster will be located to the west side of the garage and will be screened from public view with a masonry wall and a dense row of shrubs. (See Site Plan) Elevations The architectural style of the exterior of the hotel can be generally classified as "Contemporary" and will follow the architectural style of the La Quinta brand. The exteriors shall consist of brick, stone, ceramic panel and stucco material. The access areas will have a distinct architectural treatment on the building north and south fagades and will be covered by canopies. The ground floor windows on the north fagade, facing Mira Lago Boulevard, will have metal awnings. The hotel will be 4 stories in height with an overall height of approximately 64 feet. The applicant is proposing at least 75% stackable brick and stone. (See Elevations and Renderings) The parking structure will be 2 levels high and will be constructed using precast concrete panels. Each room will have its own individual HVAC system and will be incorporated into the window design. All other HVAC equipment will be located on the roof A monolithic PVC membrane flat roofing system will be used on the building. The proposed parapet on the building will screen the roofing system and equipment from public view. Landscaping and Open Space The applicant has proposed to provide approximately 21% of the site as natural or landscaped open space. PD -81 requires 10 %. The applicant has agreed to minimally landscape the open area of the remaining undeveloped site at this time. Sixty -nine (69) new trees are proposed to be installed throughout the site, a combination of Oak, Holly and Crape Myrtle. The proposed streetscape along Mira Lago and Lago Vista West Boulevards will include 6 -foot wide sidewalks with canopy trees to provide ample shade. The applicant is also proposing to install 4 seating areas with benches and trash receptacles and street light poles along Mira Lago Boulevard. This streetscape will be comparable with the existing streetscape elements located in front of the existing developments within PD -81 (Laguna Vista, Evergreen and Portofino Apartments). (See Landscape Plan) Parking Based on the proposed use, PD -81 requires at least 107 on -site parking spaces. Twenty -five percent (25 %) of these spaces can be surface parking. The applicant is proposing 120 on -site parking spaces. Ninety -nine (99) of these parking spaces are located within the proposed 2 -level parking structure. Only 21 surface parking spaces are proposed (17.5% of total) within the site. Currently there are also 10 parallel parking spaces along Mira Lago Boulevard. (See Site Plan) Signage The applicant is proposing to install wall signs on three fagades (north, south and east). The wall signs will be up to 4 feet in height and maximum 43 square feet in area. (See Elevations and Renderings) PD -81 requires all wall signs to be less than 10 feet high and less than 150 square feet. The proposed signage complies with PD -81 requirements. Market Study: The applicant submitted a Market Study for the proposed La Quinta Inn and Suites in Farmers Branch completed by DP Consulting, Professionals in Hotel Development. In their analysis of the area and the specific location of this site in greater Dallas hotel market, the researchers make an informed estimation for occupancy, average daily rate and room revenue for 2019 -2021. For the proposed La Quinta, DP Consulting's analysis indicated a strong overall occupancy rate and highlighted few main ideas concluding: - There is a new sum - market being formed at Luna / I -635 area that will be directly competitive with the area along TX -114 in Las Colinas. The estimated user groups for the La Quinta are the Individual Business Travelers and Leisure Travelers that will are typical users of the brand and are looking for a location with good surroundings. Based on the review of the historical performance of the market, inspection of competitive hotels, interviews of area demand generators, and a review of the existing and planned area developments, DP Consulting recommends La Quinta Inn & Suites as the highest and best use for the subject site. Comprehensive Plan: The West Side Plan designated the Mira Lago peninsula as a Neighborhood Center. A Neighborhood Center is defined as an area that could support both office, retail and residential development. The proposed SUP and associated Site Plan is consistent with the West Side Plan. Public Response: Eight (8) notification letters were mailed to the surrounding landowners on May 10, 2017. Two (2) zoning notification signs were also posted on the site on that day. A public notice was placed in Dallas Morning News on June 21St. As of July 6th, 2017, no written opposition to this request has been received by the City. On May 22nd the Planning & Zoning Commission voted to recommend approval of this Detailed Site Plan as outlined in Ordinance No. 3447. The vote was unanimous. Possible Council Action: 1. I move to adopt Ordinance No. 3447 2. I move to adopt Ordinance No. 3447 with the following modification(s)... 3. I move to table the item or take no action. ORDINANCE NO. 3447 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, FARMERS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF BRANCH THE CITY OF FARMERS BRANCH, TEXAS AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A HOTEL ON A 2.029=L ACRE PORTION OF LOT 1, BLOCK C AND LOT 1, BLOCK D, MIRA LAGO ADDITION; ADOPTING A SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; MAKING CERTAIN FINDINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CONFLICT RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Farmers Branch and the governing body of the City of Farmers Branch, in compliance with the laws of the State of Texas and the ordinances of the City of Farmers Branch, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of the legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Zoning Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. A Specific Use Permit for a Hotel is hereby granted for development of 2.029± acres out of Lot 1, Block C and Lot 1, Block D, Mira Lago Addition, an addition to the City of Farmers Branch, Texas, according to the plat thereof recorded in Volume 2004136, Page 134, Map Records, Dallas County, Texas and a portion of the right -of -way of Mira Vista and Mira Lago Boulevard (collectively "the Property ") as more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, subject to the following development and use regulations: A. Except as otherwise set forth in this Ordinance, the Property shall be developed in accordance with the PD -81 Development Regulations applicable to the Employment Core Area. B. The Property shall be developed and used substantially as set forth in the Site Plan, Landscape Plan, and Building Elevations attached hereto as Exhibits "B," "C," and "D," respectively, and incorporated herein by reference. SECTION 3. The Specific Use Permit granted pursuant to Section 2, above, is made upon the following findings: A. The type of hotel use for the Property authorized by this Ordinance as described on the Site Plan is compatible and consistent with, and will have no adverse affect on, existing uses located on developed property in the area of the Property; B. The hotel use authorized by this Ordinance is equal to or exceeds development and operation standards of other hotel or motel or other uses in the area of the Property; C. The hotel use authorized by this Ordinance will not adversely affect the ability to locate, in the future, additional uses that are allowed within PD -81; and D. The location of the hotels on the Property in accordance with the Site Plan is an appropriate use, design, and layout for the Property and the area notwithstanding the Property is less than four (4) acres in area. SECTION 4. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Farmers Branch and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/2/17:86862) Ordinance No. 3447 Exhibit "A" — Description of Property A 2.029 acre (88,388 square foot) tract of land situated in the William P. Shahan Survey, Abstract No. 1337, City of Farmers Branch, Dallas County, Texas; said tract being part of Lot 1, Block C and Lot 1, Block D, Mira Logo Addition, an addition to the City of Farmers Branch according to the plat recorded in Instrument No. 200402975498 of the Official Public Records of Dallas County, Texas; said tract also being part of Mira Vista (a 62 -foot wide right -of -way) and part of Mira Lago Boulevard (a 90 -foot wide right -of -way); said 2.029 acre tract being more particularly described as follows: BEGINNING, at a point for corner in the north line of said Lot 1, Block C and the south line of said Mira Lago Boulevard; from said point the intersection of the east right -of -way line of Lago Vista West (a 62 -foot wide right -of -way) and the said south line of Mira Lago Boulevard bears South 72 degrees, 31 minutes, 38 seconds West, a distance of 108.53 feet; THENCE, North 72 degrees, 31 minutes, 38 seconds East, a distance of 327.63 feet to a point for corner; THENCE, South 87 degrees, 40 minutes, 03 seconds East, a distance of 42.84 feet to a point for corner; South 68 degrees, 00 minutes, 28 seconds East, a distance of 67.17 feet to a point for corner; THENCE, South 25 degrees, 18 minutes, 21 seconds West, a distance of 283.11 feet to a point for corner; THENCE, South 69 degrees, 14 minutes, 00 seconds West, a distance of 211.91 feet to a point for corner; THENCE, North 20 degrees, 46 minutes, 00 seconds West, a distance of 277.64 feet to the POINT OF BEGINNING; CONTAINING: 88,388 square feet or 2.029 acres of land, more or less. This description was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Ordinance No. 3447 Exhibit "B" — Site Plan O V� IS T, IM g sit > IJ m - ,I . CA Ordinance No. 3447 Exhibit "C" — Landscape Plan - _— iavn�noe o�t� vanv � — — — 4 — — _ /r \\A Ids \- CV'Y xi m" :X All \l $� fiq I - j... s�7 ) O 0g. �i x a Fx a Y` 343 3 a 5 gg§ a9a R� K s' b A �� M# 7 F RA ; {S '$t !� Sill ' t IN R IE MM 3 .13�i '3 # 3s. 3 6 C Lf �� 1 i 94 99 33 SS€ € 33 $ fig yak i% } Y r. egg L ;e ; sp E 9 R E➢ s ?N Y F zz z Kc l; i 3d i n eY W, F14 0 C -4 m 0 z Ordinance No 3447 Exhibit "D" — Elevations )jj)\ § / \ / \[9 \ \ /(\\ § / \ Ail i §) §) jig tF R, C K) 1W 1-0 1 ru 0 �:i z W z 0 M m 0 z m R/ NH "Tj ■ :Mg 45, 0 Ordinance No. 3447 Exhibit "D" — Elevations (cont.) c M, RP M 1 '0 CD Site Photographs 600gle Y r+ DPCon Professionals in He Market Study for the Proposed w La Quinta Inn & Suites - M Farmers Branch, Texas 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 Prepared for: Mr. Rajan Patel May 3, 2017 dpconsultingusa.com .. i��i ��F DPConsulting Professionals in Hotel Development 10700 Richmond Ave. Suite 321 May 3, 2017 Mr. Rajan Patel 1824 Shumard Oak Lane Irving, Texas 75063 Houston, Texas 77042 713.900.2101 dpconsultingusa.com Re: Market Study — La Quinta Inn and Suites — Farmers Branch, Texas Mr. Patel: We have completed our analysis of the hotel market near Luna Road and 1 -635 and the proposed development of a 110 -room La Quinta Inn and Suites hotel. The conclusions reached are based upon our present knowledge of the competitive market area resulting from our fieldwork completed February 8, 2017. As in all studies of this type, the estimated results are based upon competent and efficient management and presume no significant change in the competitive position of the hotels from that as set forth in this report. The terms of our engagement are such that we have no obligation to revise this report to reflect events or conditions that occur subsequent to the date of the completion of our fieldwork. The estimates of property performance are based on an evaluation of the present general level of the area's economy and make no provision for the effect of any sharp rise or decline in local or general economic conditions. In summary, it is our opinion that there is market justification for developing the proposed La Quinta Inn and Suites with 110 guestrooms. Our conclusions are summarized as follows: Performance Summary 2019 2020 2021 Units 110 110 110 Stabilized Occupancy 65% 69% 70% Average Daily Rate $116.00 $120.75 $125.75 Rooms Revenue $3,028,000 $3,345,000 $3,535,000 Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 2 Economic Summary Dallas is located in the Central Time Zone in North Central Texas, 35 miles east of Fort Worth, 245 miles north, northwest of Houston and 300 miles north of the Gulf of Mexico. It is the largest economic center of the 12- county Dallas — Fort Worth — Arlington metropolitan statistical area (MSA), which includes Collin, Dallas, Delta, Denton, Ellis, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise counties. The official 2015 U.S. Census estimate has the Dallas -Fort Worth metropolitan area at 7,102.796, while the city of Dallas had a population of 1,300,092. The city's economy is primarily based on banking, commerce, telecommunications, technology, energy, healthcare and medical research, and transportation and logistics. The proposed hotel site is located in Farmers Branch, which is a city in Dallas County. It is located 14 miles northwest of the city of Dallas. Farmers Branch is bordered by two interstate highways and two toll roads and is less than 15 minutes from both Dallas /Fort Worth International Airport and Dallas Love Field. Farmers Branch is also home to more than 4,000 companies and more than 250 corporate headquarters, including JDA software, Occidental Chemical, lidon Security, Taco Bueno, SoftLayer Technologies, and Monitronics. Tourism There are numerous athletic facilities in Farmers Branch. This factor has lead the Economic Development & Tourism Department to target much of their marketing efforts in attracting tournaments, which fill guestrooms on weekends. Marketing of tournaments has also proven to be somewhat recession resistant. 2016 Major Tournament Events - Farmers Branch, TX Event Name Nights Room Nights Dallas International Girls Cup 16 1,587 NCA Cheer 4 1,641 Premier Baseball 6 1,218 Super Copa Boys 8 812 Dallas Texans Fall Festival 3 779 Source: Farmers Branch Economic Development & Tourism Because Farmers Branch is mostly a business market, most of the hotel guest rooms have king beds. However, the most requested room -type for sports teams is double - queen, since they frequently occupy four to a room. One of the risks of a hotel booking a team is the concern the team will lose and not advance to the next round of play. When a team loses, they check out early. Teams choose their hotels based on proximity to the fields. As such, hotels near Luna and 1 -635 will likely be the first choice for most teams, but girls' teams like staying near the Galleria because of its proximity to shopping. The girls' teams also Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 3 require larger room blocks because they travel as families. Boys tend to travel as teams with fewer parents and occupy smaller room blocks. Retail The Galleria Dallas is an upscale shopping mall, and mixed -use development, located across the freeway from the proposed hotel site. The Galleria contains over 200 stores and restaurants, including an ice rink and the Westin Galleria Hotel. Office Numerous corporate headquarters have been announced that include: 1) Toyota North America spending $350 million to build a 2.1 million- square -foot corporate campus; 2) Liberty Mutual Insurance is spending $325 million to accommodate 4,000 employees from Boston in the company's new North American headquarters by 2018; and 3) J.P. Morgan Chase & Co. is spending $2 billion to develop more than 1,000,000 square feet of office space on 50 acres. Within two years, more than 15,000 people will be working in this area. Each of these new office spaces would increase hotel demand in varying degrees. Airports Dallas is home to two airports, the Dallas /Fort Worth (DFW) International Airport and Dallas Love Field Airport. The Dallas /Fort Worth International Airport is the largest hub for American Airlines, which is headquartered near the airport. As of February 2017, DFW Airport had service to a total of 214 destinations, including 56 international and 158 domestic destinations within the U.S. The airport is located 19 miles from downtown Dallas and is centrally located within 30 minutes from any part of the city. Dallas Love Field (DAL) Airport is a city -owned public airport, which is six miles northwest of Downtown Dallas. The corporate headquarters for Southwest Airlines is located at Love Field. The following table shows the total passenger enplanements at both airports. Airport Passenger Enplanements Year DFW International Love Field 2012 14,305,416 8,173,927 2013 14,584,093 8,470,586 2014 14, 547, 301 9,413,636 2015 15,673,614 10,022,572 2016 16,183,491 10,507,656 CAC 3% 6% Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 4 Major Employers As of June 2016, the metropolitan job count has increased to 3,523,400 jobs. The city of Farmers Branch's economy is primarily based on banking, commerce, telecommunications, computer technology, energy, healthcare and medical research, and transportation and logistics. The following table lists the largest private sector employers, which includes several national airline, healthcare, and financial service companies. These companies generate hotel demand in varying degrees. Major Private Sector Employers - Dallas /Fort Worth, TX Company Industry / Product Employees American Airlines Group Airline 23,700 Baylor Health Care System Healthcare 22,000 Texas Health Resources Healthcare 16,205 Bank of America Financial Services 15,400 JPMorgan Chase Financial Services 13,000 Texas Instruments Semiconductors 13,000 Lockheed Martin Aeronautics Aviation and Aerospace 12,600 NCA North Texas Division Healthcare 11,612 Southwest Airlines Airline 8,345 Verizon Communications Telecommunications 8,100 Raytheon Aviation and Aerospace 8,000 Bell Helicopter Aviation and Aerospace 6,500 Source: Dallas Office of Economic Development Major Employers - Farmers Branch, TX Company Industry / Product Employees Internal Revenue Service Tax Collection 1,200 Telvista Call Center Outsourcer 1,000 TDlndustries Mechanical Construction 900 Hagger Clothing Company Manufacturing 750 Monitronics International Inc. Security System 700 Encore Enterprises, Inc. Real Estate 650 Glazer's Wholesale Drug Company Distributor 650 Source: City of Farmers Branch 2015 Comprehensive Annual Financial Report Project Description Subject Site The proposed site contains approximately 1.8 acres and is adjacent to a two -story parking garage with +/- 100 spaces. The site is also proximate to the Omni Hotel, which offers a restaurant and bar. To access the site from the direction of Dallas /Fort Worth International Airport, travelers will find their way to IH -635 east toward Farmers Branch and proceed approximately seven miles to exit 28. Once on the feeder road of IH -635, travelers Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 5 will make a right onto Luna Road and a right on Mira -Lago where they will see the hotel. Travelers will then turn left on Lago Vista East and find the entrance to the site on the right. Hotel Guests arriving from Dallas Love Field Airport will find their way to Stemmons Freeway (IH -35E) and head north, for approximately six miles, and follow the signs to west bound I -635. Once on 1 -635, travelers will exit Luna Road, turn left under the freeway, and follow the same directions to the site. The following picture is the site plan for this project. Based on our review of the historical performance of the market, inspection of competitive hotels, interviews of area demand generators, and a review of the existing and planned area developments, we concur that developing a 110 -room La Quinta Inn & Suites is the highest and best use for the subject site for the following reasons: • Since Office and Single - Family developers like to build near similar developments, the subject site would only appeal to Multi - Family or Hospitality projects. And since the tract is too small for a Multi - Family development, Hospitality appears to be the highest and best use. • Hospitality is also complimentary to Multi - Family when tenants need extra bedrooms to accommodate friends and family. • Hotels also bridge the gap when Tenants relocate to the area, but have to wait for their unit to become available. Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 6 Proposed Hotel La Quinta Inn & Suites is a chain of limited service hotels in the United States, Canada, Mexico, and Honduras. The company owns and operates over 800 properties and franchises approximately 295 hotels. Per the terms of the franchise agreement, the owner of the hotel has a license agreement with La Quinta, Inc. for 22 years. Renovations are requited every five to seven years or when the property is transferred to a new owner. The hotel will feature La Quinta's the new Del Sol prototype design, which includes: • Scalable building design • Decorative paving at porte - cochere • Nighttime identity from building, wash lighting and accent LED lighting • Two pairs of automatic sliding doors on each side of entry vestibule • Guestroom mix to include at least 20% suites • Spacious "great room" with large windows and community seating • Variety of seating in the breakfast area that can be used throughout the day • On -site Bright Side Market • Pod -style front -desk counters • Separated breakfast serving area that enables use of great room as a lounge • Enhanced fitness center • Conference /meeting facility designed to accommodate at least 40 attendees • Print station with touchscreen monitors • Swimming pools and hot tub with indoor or outdoor options • Guest laundry facility with full -size washers and dryers The guestrooms will also be equipped with a combination of room types to include suites with king beds (20), standard rooms with kin beds (27), standard rooms with two queen beds (55), and the requisite number of rooms and suites that accommodate guests with disabilities (7). The king- bedded rooms will have walk -in showers, and the double queen- bedded rooms will have bathtubs. The guestrooms in the proposed hotel should be based on the current La Quinta Inn & Suites prototype, which provides comfortable and efficient accommodations that will appeal to travelers with a variety of needs. In -room amenities include standard hotel features such as secure -wired and high -speed wireless Internet, cable television viewed on a large flat panel high- definition TV, a phone with voice mail, and energy- efficient lighting. Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 7 Lodging Market Overview Hotel Market Overview The Texas hotel market comprises nearly 433,000 hotel guestrooms of varying quality. The research firm, Source Strategies, uses data derived from the hotel occupancy tax rolls published by the State of Texas. By analyzing data provided by Source Strategies, we developed the following long -term trends for Texas metro and non -metro areas. The national recession, which began in late 2007 for some parts of the country, did not arrive in Texas until the last quarter of 2008 and became more severe in 2009. In 2009, occupancies dropped to an all time low of 54.0% in the metro hotel markets. While ADR increased 6.6% per year through 2008, it dropped 7.0% in 2009 to $85.96. ADR began to recover in 2011 and has increased 2.9% per year from the low in 2010 to the new high of $104.17 in the third quarter of 2016. Source: Source Stratagies * 2016 data is based on the Trailing 12 months through the Third Quarter 2016 * *Compound Annual Change Comparatively, the occupancies of the non -metro area hotels declined from 57.4% in 2008 to 50.0% a year later and did not return to the previous high until 2012. ADR followed a similar pattern as the metro hotels with a sharp rise through 2008, followed by a sharp decline in 2009. Unlike the recovery in the metro markets, the non -metro markets have recovered at a faster rate of 3.1 % per year through the third quarter of 2016. Summary of Competitive Set The greater Dallas hotel market contains over 500 hotels with approximately 75,860 guestrooms of varying quality. Of which, we identified eight hotels as the competitive set for the proposed hotel. Texas Metro Hotel Markets Non -Metro Hotel Markets Year Occupancy Average Daily RevPAR Occupancy Average Daily RevPAR Rate Rate 2005 60.8% $76.18 $46.32 52.0% $55.62 $28.92 2006 61.8% $83.12 $51.37 54.7% $59.55 $32.57 2007 62.0% $87.83 $54.45 56.2% $62.91 $35.36 2008 61.8% $92.44 $57.13 57.4% $67.60 $38.80 2009 54.0% $85.96 $46.42 50.0% $63.09 $31.55 2010 55.6% $85.17 $47.39 50.2% $66.10 $33.18 2011 59.6% $88.10 $52.50 55.6% $70.08 $38.99 2012 62.8% $91.35 $57.33 58.7% $75.64 $44.37 2013 64.3% $96.38 $57.59 58.2% $78.61 $45.79 2014 66.8% $100.52 $67.11 58.4% $83.43 $48.70 2015 66.2% $103.65 $68.64 54.9% $80.35 $44.10 2016* 65.3% $104.17 $67.99 52.4% $77.47 $40.62 CAC ** 2.9% 3.6% 3.1% 3.1% Source: Source Stratagies * 2016 data is based on the Trailing 12 months through the Third Quarter 2016 * *Compound Annual Change Comparatively, the occupancies of the non -metro area hotels declined from 57.4% in 2008 to 50.0% a year later and did not return to the previous high until 2012. ADR followed a similar pattern as the metro hotels with a sharp rise through 2008, followed by a sharp decline in 2009. Unlike the recovery in the metro markets, the non -metro markets have recovered at a faster rate of 3.1 % per year through the third quarter of 2016. Summary of Competitive Set The greater Dallas hotel market contains over 500 hotels with approximately 75,860 guestrooms of varying quality. Of which, we identified eight hotels as the competitive set for the proposed hotel. Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 8 Because the proposed hotel is located in a developing area of Farmers Branch and will have easy access to the freeway, we chose the two full- service hotels nearby and similarly priced limited- service hotels within a three -mile radius of the site as its primary competitors. A summary listing of the competitive hotels is provided in the following table and more detail is provided in Exhibit A. The DoubleTree Dallas — Farmers Branch and the Omni Dallas Hotel @ Park West are the only full- service hotels in the competitive set. The Omni is the closest hotel to the proposed hotel site. With easy access to multiple highways in the area, the Omni Hotel is well located at the southwest corner of 1 -635 and Luna Road. It is an older hotel, and the bathrooms appear dated. This property has 337 guestrooms, which is the biggest hotel in the competitive set. SUMMARY OF COMPETITIVE HOTELS Farmers Branch, Texas Year Properties Rooms Property Type Opened Farmers Branch 1 DoubleTree Dallas - Farmers Branch 160 1999 Full Service 2 Omni Dallas Hotel @ Park West 337 1989 Full Service Dallas - I - 35E 3 Hampton Inn Dallas - North - 1 -35E @ Walnut Hill 113 1986 Limited Service Las Colinas 4 Fairfield Inn & Suites Dallas Las Colinas 117 1998 Limited Service 5 Holiday Inn Express & Suites - Irving Convention Center - Las Colinas 128 1997 Limited Service 6 SpringHill Suites Dallas DFW Airport - East /Las Colinas Irving 120 2006 Limited Service 7 La Quinta Inn & Suites Dallas - Las Colinas 92 1998 Limited Service 8 Hampton Inn Dallas - Irving - Las Colinas 135 1997 Limited Service New Hotels A La Quinta Inn & Suites - Farmers Branch 110 2019 Limited Service B Hampton Inn & Suites - Farmers Branch 117 2018 Limited Service C Holiday Inn Express 100 2017 Limited Service D Candlewood 80 2017 Extended Stay F TownePlace by Marriott 120 2019 Extended Stay E Former Hampton Inn Dallas North to become Quality Inn -113 2018 Limited Service Total Hotel Rooms - 2019 1,616 The DoubleTree Dallas — Farmers Branch and the Omni Dallas Hotel @ Park West are the only full- service hotels in the competitive set. The Omni is the closest hotel to the proposed hotel site. With easy access to multiple highways in the area, the Omni Hotel is well located at the southwest corner of 1 -635 and Luna Road. It is an older hotel, and the bathrooms appear dated. This property has 337 guestrooms, which is the biggest hotel in the competitive set. Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 9 The Doubletree Dallas — Farmer Branch has 160 guestrooms, one on -site restaurant, and 2,675 square feet of meeting space. The hotel opened in 1999 and looks dated. This property is currently the lowest performer in the competitive set in terms of Occupancy due to its condition. The oldest hotel in the competitive set is the 113 -room Hampton Inn Dallas — North — 1 -35E @ Walnut Hill, which opened in 1986. This property provides complimentary breakfast and Internet for its guests. This property is 30 years old; therefore we will exclude this property as a competitor when the new hotels open in the future. Both the 117 -room Fairfield Inn & Suites Dallas Las Colinas and 92 -room La Quinta Inn & Suites Dallas — Las Colinas opened in 1998. They both have completed renovations in their public areas, but the guestrooms look dated. The Fairfield Inn & Suites has freeway frontage while the La Quinta is located in a neighborhood. Both hotels are average performers in the competitive set in terms of ADR and Occupancy. Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 10 Open in 1997, both Holiday Inn Express & Suites — Irving Convention Center — Las Colinas and Hampton Inn Dallas - Las Colinas perform below the market average in terms of ADR (below $110) due to their condition. However, the Hampton Inn just completed a renovation in the fall of 2016. Their performance improved after it was renovated. IRW New Supply In addition to the subject La Quinta Inn and Suites, plans have been submitted for the following hotels to be built on nearby sites: 1) Holiday Inn Express with +/- 100 rooms, 2) Hampton Inn & Suites with 117 guestrooms, 3) Candlewood Suites with +/- 80 suites, and 4) TownePlace Suites by Marriott with +/- 120 Units. As mentioned previously, there is another change that will occur in the market supply, which has been factored into our analysis. What is presently a Hampton Inn with 113 guestrooms, located near IH -35 and Walnut Hill, will loose its Hilton affiliation just before the proposed Hampton Inn & Suites opens. At that point, the older Hampton will cease being competitive which means the proposed Hampton Inn & Suites is effectively replacing the older hotel. This is good for the subject proposed La Quinta because the location on Luna Road is becoming a new Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 11 hospitality hub where guests seeking different price points can be easily accommodated. Because the guests get more choices in accommodations, the operators incur less marketing costs. What an operator saves in marketing they spend on employee training and property maintenance so as to have a competitive advantage. Because so many rooms are opening near the intersection of Luna and 1 -635, this new sub - market will likely steal its market share from sub - competitive hotels along Stemmons Freeway and from direct competitors along TX -114 in Las Colinas. As seen in the previous table, the average age of the competitive set is nearly 20 years. This means the newest hotels for 3 miles in every direction will be consolidated at Luna and 1 -635. This will also give the older hotels near this intersection competitive advantage as the newer hotels will attract customers to the area and create awareness of the new sub - market. Sources of Market Demand Through our research of the competitive set, and observation of hotel operations in the market, we were able to develop the following analysis that quantifies the primary sources of demand for the competitive set. Market Mix - Annual Room Nights of Demand Demand Segments Room Nights % Mix I B T 185,600 58% Group 42,400 13% Leisure 92,700 290 Total Occupied Room Nights 320,700 100% The combined competitive hotels classify a portion of their demand as Individual Business Travelers (IBT), representing approximately 58% of the market demand. IBT demand is generated when sales people and consultants call on area companies, or when area companies bring employees and customers in for meetings. Much of the IBT demand generated in this market is related to consultants and sales people visiting area companies. Other sources of IBT demand occur when area companies bring in candidates for job openings. Nearly all of the hotels maintain a roster of negotiated corporate rates with companies that need rooms on a more frequent basis. These rates are often lower than the rack rate and come with commitments for a minimum number of room nights. Group and Convention demand in this market occurs when companies need to hold meetings to discuss business issues. Since the limited- service hotels of the competitive set are smaller and do not have large amounts of meeting space, most Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 12 of the groups are hosted in the full- service hotels. On the weekend, however, groups consist of sports teams staying at all the hotels and participating in tournaments. As such, we estimate Group demand will likely comprise 13% of the overall demand, with the full- service hotels averaging 30% versus the limited - service hotels averaging much less at 5 %. Leisure demand for the competitive hotels represents approximately 29% of their occupied room nights with the limited- service hotels averaging 30% and the full - service hotels averaging 20 %. Leisure demand primarily occurs on holidays, or on weekends, when visitors come to Dallas for a shopping trip or social events. Competitive Set Historical Performance DPC assembled occupancy and ADR information for each competitor for year -end 2012 through year -end 2016 and derived estimated levels of total supply and demand expressed as room nights per year. The following table summarizes the historical performance of the Competitive Set. While there were no additions to supply over the last five years, demand increased at 2.5% per year. Much of this increase can be attributed to the ongoing recovery from the national recession of 2008, but it is also indicative of the strength of the Dallas economy. Demand outpacing supply has caused occupancy to increase from a low of 66.3% in 2012 to a high of 73.1 % in 2016. It is important to note that the market occupancy has remained above 65% for five consecutive years. HISTORICAL MARKET CONDITIONS - ANNUAL ROOM NIGHTS 2012 2013 2014 2015 2016 CAC* Supply - Guestrooms 1,202 1,202 1,202 1,202 1,202 Supply - Annual Rooms Nights (x 365) 438,730 438,730 438,730 438,730 438,730 0.0% Demand I B T 168,800 174,700 181,000 183,600 185,600 2.4% Group 38,200 39,600 40,200 41,500 42,400 2.6% Leisure 83,900 87,000 90,300 91,600 92,700 2.5% Total Occupied Room Nights 290,900 301,300 311,500 316,700 320,700 2.5% Occupancy 66.3% 68.7% 71.0% 72.2% 73.1% Average Daily Rate $93.77 $100.13 $105.16 $1 1 1.18 $117.08 5.7% Revenue per Available Room $62.18 $68.76 $74.66 $80.25 $85.58 8.3% Change in Supply 0.0% 0.0% 0.0% 0.0% Change in Demand 3.6% 3.4% 1.7% 1.3% *Compounded annual change Along with increasing occupancies, ADR has increased from +/- $94 in 2012 to +/- $117 in 2016, which represents a growth rate of 5.7% per year. Future increases are anticipated as the regional economy continues to grow as a result of the future headquarters expansions. Future Estimated Market Supply and Demand The following analysis shows the addition of the proposed La Quinta Inn and Suites and four additional competitors, along with the older Hampton Inn being removed Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 13 from competitive supply. These additions will increase supply by 10.5% from 2017 to 2018 and by 21.7% from 2018 to 2019. However, expressed as a compound average over the next five years, supply will increase 6.1 % per year. We estimate the future growth rates for demand with the following analysis. Increases to base demand are stated in compound average growth rates and reflect the external changes in the market if no other hotels were built. Conversely, increases to created demand are derived by whole numbers and account for the room nights that are sold to guests who were previously displaced to sub - competitive hotels during peak periods. In terms of changes to the level of base demand, we have accounted for continued recovery from the national recession by applying a 2.0% per year increase in demand for IBT, Leisure, and Group. With respect to created demand, we see 70% of the room night inventory as being filled by guests that were previously displaced from the market during peak demand periods, or small groups that will be induced to come to the area because there will be a concentration of the newest hotels in the area. We added the created demand to IBT (70 %), Group (5 %), and Leisure (25 %). These assumptions calculate a combined growth rate of 4.5% per year from 2016 to 2021. The resulting analysis shows occupancy decreasing slightly as the new hotels open, and growing steadily back to the high 60 %'s and stabilizing, which was where the market performed prior the recession. FUTURE MARKET CONDITIONS - ANNUAL ROOM NIGHTS COMBINED MARKETS 2016 2017 2018 2019 2020 2021 CAC* Supply - Guestrooms 1,202 1,202 1,328 1,616 1,616 1,616 Supply - Annual Rooms Nights (x 365) 438,730 438,730 484,713 589,840 589,840 589,840 6.1% Demand Individual Business Traveler - Base 185,600 189,300 193,100 197,000 200,900 205,000 2.0% Individual Business Traveler - Created - 9,700 31,700 31,700 31,700 -- 185,600 189,300 202,800 228,700 232,600 236,700 5.0% Group /Convention - Base 42,400 43,300 44,100 45,000 45,900 46,800 2.0% Group /Convention - Created 700 2,300 2,300 2,300 -- 42,400 43,300 44,800 47,300 48,200 49,100 3.0% Leisure - Base 92,700 94,500 96,400 98,300 100,300 102,300 2.0% Leisure - Created - 3,400 11,300 11,300 11,300 -- 92,700 94,500 99,800 109,600 111,600 113,600 4.2% Total Occupied Room Nights 320,700 327,100 347,400 385,600 392,400 399,400 4.5% Occupancy 73.1% 74.6% 71.7% 65.47. 66.5% 67.7% -- Change in Supply 0.0% 0.0% 10.5% 21.7% 0.0% 0.0% Change in Demand 1.3% 2.0% 6.2% 11.0% 1.8% 1.8% *Compounded annual change Estimated Penetration of the Proposed Hotel Penetration analysis compares the occupancy from a sample of the competitive set to the overall market average. A market penetration above 100% indicates a property is getting more than its fair share. Likewise, a penetration below 100% indicates below average performance. We have performed this analysis on the Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 14 market competitors for each demand segment and determined that the market rewards quality service and strong brands. This is a very competitive set where each of the competitors is presently getting is fair share. Penetration Rates of Competitive Set - 2016 Estimated Estimated Leisure Group IBT Overall DoubleTree 105% 150% 85% 100% Omni 70% 230% 85% 100% Hampton 1 -35 140% 0% 105% 100% Fairfield Inn 105% 40% 110% 100% Holiday Inn Express 100% 35% 110% 100% SpringHill Suites 105% 40% 115% 100% La Quinta 140% 0% 105% 100% Hampton Inn Las Colinas 100% 35% 105% 95% Note: Percentages are rounded to nearest 5% to protect confidential information. 105.00 The following table displays the room nights sold in the market, the fair share of room nights that could be occupied in the subject La Quinta Inn and Suites, and our adjustments to its fair share based on its competitive advantages shown as Estimated Market Penetration. The subject hotel will likely get 50% of its fair share of Group demand due to it not having a large amount of meeting space, but it will penetrate above its fair share in IBT & Leisure because the location and brand will appeal to travelers seeking a hotel with good surroundings. The resulting occupancy for the subject hotel is calculated as finishing its first year at 65% and stabilizing at 70 %. La Quinta Inn & Suites - Farmers Branch, TX - 110 Units Estimated Estimated Average Market Market Fair Market Share' Market Penetration 2 Occupancy Room Rate Year Segment Demand Percent Demand Percent Demand Market Subject Constant $ 2019 1 B T 228,700 6.8% 15,600 110% 17,200 120.00 Group 47,300 6.8% 3,200 50% 1,600 100.00 Leisure 109,600 6.8% 7,500 100% 7,500 105.00 Total 385,600 26,300 100% 26,300 65% 65% 114.51 2020 1 B T 232,600 6.8% 15,800 110% 17,400 120.00 Group 48,200 6.8% 3,300 50% 1,700 100.00 Leisure 111,600 6.8% 7,600 110% 8,400 105.00 Total 392,400 26,700 103% 27,500 67% 69% 114.18 2021 1 B T 236,700 6.8% 16,100 110% 17,700 120.00 Group 49,100 6.8% 3,300 50% 1,700 1 00.00 Leisure 113,600 6.8% 7,700 110% 8,500 105.00 Total 399,400 27,100 103% 27,900 68% 70% 114.21 Fair Market Share = 1 10 Units (Subject) divided by 1,496 Rooms (in the Market in 2019) = 7.4% 2 Subject penetration into Market above 100% indicates Subject has competitive advantages. In estimating Average Daily Rate (ADR), we gathered rack rates for each property of the competitive set, which is presented in Exhibit A. We also collected individual ADR's and compared them to the market average of 2016. Based on our observations of the market, we estimated the average rate anticipated for each demand segment. Business travelers, for example, will pay the highest rate because Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 15 they travel during peak periods. Group travelers will pay the least because they book during the slower periods, even though they create peak periods when they come. Leisure travelers will lie in between. The following table calculates a weighted average based on our analysis stated in 2017 dollars. The following table uses a 3.0% per year rate of inflation to express the ADR in future dollars and the resulting rooms revenue for the subject hotel. Average Daily Rate and Rooms Revenues Year Occupancy Average Daily Rate Rooms 2017 Dollars Inflated Dollars Revenue 2019 65% $114.00 $116.00 $3,027,600 2020 69% $114.00 $120.75 $3,344,775 2021 70% $114.00 $125.75 $3,534,833 Limiting Conditions The conclusions in this report are based upon review of published information and information provided by the general managers and /or owners at the competing hotels, and an analysis of historical market area data. The report is based on estimates, assumptions, and other information developed from our analysis of the local hotel market area and characteristics of the proposed property. Since the projections in this letter are based upon estimates and assumptions, which inherently are subject to uncertainty and variation depending upon evolving events, we do not represent them as results that will actually be achieved. This report has been prepared primarily for your use and guidance in determining the risk in developing the proposed property. As is customary in assignments of this nature, neither our name nor the material submitted may be included in any prospectus, in newspaper publicity, or as part of any printed material; or used in public offerings or representations in connection with the sale of securities to the general public. You may, however, include this document in a private placement memorandum that is directed to qualified investors. DP Consulting — Qualifications DP Consulting is a hospitality, tourism, and real estate oriented consulting and brokerage firm. We have developed a particular expertise that includes public /private ventures involving public assembly facilities and master planned communities. DPC has also worked extensively on every type of hotel to include limited - service, select- service, full- service, conference centers, and casino hotels. The principal of DP Consulting, David Parker, has 30 years experience in the hotel industry, to include operations, consulting, and development. Prior to forming DP Consulting, Mr. Parker was employed by PKF Consulting for nearly a decade, where he developed numerous methodologies for collecting market information on hotels and meeting facilities, and developed multiple modeling techniques for projecting Proposed La Quinta Inn and Suites May 3, 2017 Farmers Branch, Texas Page 16 utilization, income and expense. Examples included using fax software and e -mail to disseminate meeting planner surveys and a database to aggregate survey results. DPC is also experienced with economic impact analysis. In conjunction with hotel research, Mr. Parker developed the system through which occupancy data was collected from individual hotels and reported in aggregate on a monthly basis, known as Trends in the Hotel Industry. In addition, Mr. Parker developed a database based on Hotel Occupancy Tax receipts collected by the State of Texas in order to develop a census of hotel performance for various market areas. Mr. Parker has directed a variety of projects, a summary of which is listed in Exhibit D in the Addendum. We would be pleased to hear from you if we may be of further assistance in the interpretation and application of our findings and conclusions. We express our appreciation to you and your associates for the cooperation extended to us during the course of this assignment. Sincerely, M-� - 0 David Parker Z24 QPConsultinq x_11' 11. . 11 Competitive Set Table Exhibit A Financial Pro Forma - Stabilized Year Exhibit B Financial Pro Forma - 2019 to 2028 Exhibit C Projects Completed by David Parker Exhibit D SUMMARY OF COMPETITIVE HOTELS Farmers Branch, Texas Exhibit A -1 Year 2017 Rack Rates 2 Properties Rooms Opened Property Type Amenities Weekday Weekend Farmers Branch 1 DoubleTree Dallas - Farmers Branch 1 161 1 Luna Road 160 1999 $139-$149 $119-$129 Full Service 1 FB, SP, FC, MR 2 Omni Dallas Hotel @ Park West 337 1989 $209-$229 $119-$129 Full Service 2 FB, SP, FC, MMS 1590 Lyndon B. Johnson Freeway Dallas - I - 35E 3 Hampton Inn Dallas - North -1 -35E @ Walnut Hill 11069 Composite Drive 113 1986 $149 $129 Limited Service HB, SP, FC, LF, MR Las Colinas 4 Fairfield Inn & Suites Dallas Las Colinas 630 W. John Carpenter Freeway 117 1998 $199-$209 $104-$114 Limited Service HB, SP, FC, LF 5 Holiday Inn Express & Suites - Irving Convention Center - Las Colinas 333 W. John Carpenter Freeway 128 1997 $149-$169 $109-$129 Limited Service HB, SP, FC, LF, MR 6 SpringHill Suites Dallas DFW Airport - East /Las Colinas Irving 5800 High Point Drive 120 2006 $199 $129-$149 Limited Service HB, SP, FC, LF, MMS 7 La Quinta Inn & Suites Dallas - Las Colinas 4225 N. MacArthur Blvd. 92 1998 $139-$149 $109-$119 Limited Service HB, SP, FC, LF 8 Hampton Inn Dallas - Irving - Las Colinas 820 West Walnut Hill Lane 135 1997 $194 $84 Limited Service HB, SP, FC, LF, MR Total Hotel Rooms - 2016 1,202 2016 Market ADR: $117.08 / Market Occuapncy: 73.1% New Hotels A La Quinta Inn & Suites - Farmers Branch 110 2019 n/a n/a Limited Service HB, SP, FC, LF, MR Luna B Hampton Inn & Suites - Farmers Branch 117 2018 n/a n/a Limited Service FHB, WB, SP, MR, FC Luna C Holiday Inn Express Luna 100 2017 n/a n/a Limited Service FHB, WB, SP, MR, FC D Candlewood Luna 80 2017 n/a n/a Extended Stay FK, SP, LF F TownePlace by Marriott North West Quadrant of 1 -635 and Luna 120 2019 n/a n/a Extended Stay FK, SP, LF E Former Hampton Inn Dallas North to become Quality Inn 11069 Composite Drive -113 2018 n/a n/a Limited Service n/a Total Hotel Rooms - 2019 1,616 ' Ranged of Published Rates. n/s - Not Shown on Map. 2 Amenity Codes: FB - Food and Beverage Outlets, FHB Full Hot Breakfast, CB - Continental Breakfast, FK - Full Kitchen, WB - Wet Bar, SP - Swimming Pool, FC - Fitness Center, LF - Laundry Facility, MMS Major Meeting Space, MR - Meeting Room. Proposed La Quints Inn and Suites - Farmers Branch - 110 ROOMS Exhibit B Representative Year of Operation Number of Units: Number of Annual Rooms Available Number of Rooms Occupied: Annual Occupancy: Average Daily Rate: Revenue Per Available Room: Revenues Rooms Other Operated Departments Total Revenues Departmental Expenses Rooms Other Operated Departments Total Departmental Expenses Departmental Profit Undistributed Expenses Administrative & General Marketing & Franchise Property Operation and Maintenance Utility Costs Total Undistributed Operating Expenses Gross Operating Profit Fixed Expenses Base Management Fee Property Taxes Insurance Total Fixed Expenses Net Operating Income FF &E Reserve Net Operating Income After Reserve Limited Service Hotels 112 Stated in 2017 Dollars 40,880 110 28,780 70.4% 100.68 28,105 $70.88 Ratio Per Room P.O.R. 98.2% 25,871 $100.68 1.8% 472 1.84 100.07. 26,343 102.52 25.5% 6,595 25.67 61.0% 288 1.12 26.1% 6,883 26.79 73.9% 19,460 75.73 8.47. 2,216 8.62 10.6% 2,787 10.85 4.9% 1,300 5.06 5.3% 1,403 5.46 29.3% 7,706 29,99 44.6% 11,754 45.74 3.0% 783 3.05 4.3% 1,123 4.37 1.3% 332 1.29 8.5% 2,238 8.71 36.1% 9,516 37.03 4.0% 1,054 4.10 32.1% 8,462 32.93 Source: CBRE / PKF Consulting 14,027 Stabilized Operating Year (2021) Stated in 2017 Dollars 110 40,150 28,105 70.0% $114.00 $79.80 Amount Ratio Per Room P.O.R. $3,204,000 98.7% $29,127 $114.00 42,000 1.3% 382 1.49 3,246,000 100.0% 29,509 115.50 759,000 23.7% 6,900 27.01 25,000 59.5% 227 0.89 784,000 24.276 7,127 27.90 2,462,000 75.8% 22,382 87.60 276,000 8.5% 2,509 9.82 357,000 11.0% 3,245 12.70 143,000 4.47o 1,300 5.09 143,000 4.4% 1,300 5.09 919,000 28.3% 8,355 32.70 1,543,000 47.5% 14,027 54.90 97,000 3.0% 882 3.45 187,000 5.8% 1,700 6.65 36,000 1.1% 327 1.28 320,000 9.9% 2,909 11.39 1,223,000 37.7% 11,118 43.52 130,000 4.0% 1,182 4.63 $1,093,000 33.7% $9,936 $38.89 Estimated by DP Consulting Proposed La Quinta Inn and Suites - Farmers Branch - 110 ROOMS Exhibit C -1 Projected Operating Results Calendar Years Number of Units: Number of Annual Rooms Available: Number of Rooms Occupied: Annual Occupancy: Average Daily Rate: Revenue Per Available Room: Revenues Rooms Other Operated Departments Total Revenues Departmental Expenses Rooms Other Operated Departments Total Departmental Expenses Departmental Profit Undistributed Expenses Administrative & General Marketing & Franchise Property Operation and Maintenance Utility Costs Total Undistributed Operating Expenses Gross Operating Profit Fixed Expenses Base Management Fee Property Taxes Insurance Total Fixed Expenses Net Operating Income FF &E Reserve Net Operating Income After Reserve 2019 35.8% 110 4.0% 40,150 31.8% 26,100 65.0% $116.00 $75.40 Amount Ratio $3,028,000 98.6% 42,000 1.4% 3,070,000 100.07o 776,000 25.6% 25,000 59.5% 801,000 26.1% 2,269,000 73.9% 275,000 9.0% 338,000 11.0% 159,000 5.27. 152,000 5.0% 924,000 30.1% 1,345,000 43.8% 92,000 3.0% 140,000 4.6% 38,000 1.2% 270,000 8.8% 1,075,000 35.0% 123,000 4.0% $952,000 31.0% Full Year of Operation 2020 35.8% 110 4.0% 40,150 31.8% 27,700 69.0% $120.75 $83.32 Amount Ratio $3,345,000 98.7% 45,000 1.3% 3,390,000 100.0% 823,000 24.6% 27,000 60.0% 850,000 25.1% 2,540,000 74.9% 294,000 8.7% 373,000 11.0% 159,000 4.7% 156,000 4.6% 982,000 29.0% 1,558,000 46.0% 102,000 3.0% 203,000 6.0% 39,000 1.2% 344,000 10.1% 1,214,000 35.8% 136,000 4.0% $1,078,000 31.8% 2021 36.9% 110 4.0% 40,150 32.9% 28,110 70.0% $125.75 $88.03 Amount Ratio $3,535,000 98.7% 47,000 1.3% 3,582,000 100.0% 854,000 24.2% 28,000 59.6% 882,000 24.6% 2,700,000 75.47o 307,000 8.6% 394,000 11.0% 161,000 4.5% 161,000 4.5% 1,023,000 28.6% 1,677,000 46.8% 107,000 3.0% 207,000 5.8% 40,000 1.1% 354,000 9.9% 1,323,000 36.9% 143,000 4.0% $1,180,000 32.9% 2022 37.4% 110 4.0% 40,150 33.4% 28,110 70.0% $130.75 $91.53 Amount Ratio $3,675,000 98.7% 49,000 1.3% 3,724,000 100.0% 880,000 23.9% 29,000 59.2% 909,000 24.4% 2,815,000 75.6% 318,000 8.5% 410,000 11.0% 166,000 4.5% 166,000 4.5% 1,060,000 28.5% 1,755,000 47.1% 112,000 3.0% 211,000 5.7% 41,000 1.1% 364,000 9.87. 1,391,000 37.4% 149,000 4.0% $1,242,000 33.4% 2023 110 40,150 28,110 70.0% $136.00 $95.20 Amount Ratio $3,823,000 98.7% 50,000 1.3% 3,873,000 100.0% 906,000 23.7% 30,000 60.0% 936,000 24.2% 2,937,000 75.8% 329,000 8.5% 426,000 11.0% 171,000 4.4% 171,000 4.4% 1,097,000 28.376 1,840,000 47.5% 116,000 3.0% 215,000 5.6% 43,000 1.1% 374,000 9.7% 1,466,000 37.9% 155,000 4.0% $1,311,000 33.8% Proposed La Quinta Inn and Suites - Farmers Branch - 110 ROOMS Exhibit C -2 Projected Operating Results Calendar Years Number of Units: Number of Annual Rooms Available: Number of Rooms Occupied: Annual Occupancy: Average Daily Rate: Revenue Per Available Room: Revenues Rooms Other Operated Departments Total Revenues Departmental Expenses Rooms Other Operated Departments Total Departmental Expenses Departmental Profit Undistributed Expenses Administrative & General Marketing & Franchise Property Operation and Maintenance Utility Costs Total Undistributed Operating Expenses Gross Operating Profit Fixed Expenses Base Management Fee Property Taxes Insurance Total Fixed Expenses Net Operating Income FF &E Reserve Net Operating Income After Reserve 2024 37.9% 110 38.0% 40,150 38.0% 28,110 38.1% 70.0% 4.0% $140.00 4.0% $98.00 4.0% Amount Ratio $3,935,000 98.7% 52,000 1.3% 3,987,000 100.0% 933,000 23.7% 31,000 59.6% 964,000 24.2% 3,023,000 75.8% 339,000 8.5% 439,000 11.0% 176,000 4.47o 176,000 4.4% 1,130,000 28.3% 1,893,000 47.5% 120,000 3.0% 219,000 5.5% 44,000 1.1% 383,000 9.6% 2025 37.9% 110 38.0% 40,150 38.0% 28,110 38.1% 70.0% 4.0% $144.25 4.0% $100.98 4.0% Amount Ratio $4,055,000 98.7% 53,000 1.3% 4,108,000 100.0% 961,000 23.7% 32,000 60.4% 993,000 24.2% 3,115,000 75.8% 349,000 8.5% 452,000 11.0% 181,000 4.4% 181,000 4.4% 1,163,000 28.3% 1,952,000 47.57. 123,000 3.0% 224,000 5.5% 45,000 1.1% 392,000 9.517. 2026 37.9% 110 38.0% 40,150 38.0% 28,110 38.1% 70.0% 4.0% $148.50 4.0% $103.95 4.0% Amount Ratio $4,174,000 98.7% 55,000 1.3% 4,229,000 100.0% 990,000 23.7% 33,000 60.0% 1,023,000 24.2% 3,206,000 75.8% 360,000 8.5% 465,000 11.0% 187,000 4.4% 187,000 4.4% 1,199,000 28.4% 2,007,000 47.5% 127,000 3.0% 228,000 5.4% 47,000 1.1% 402,000 9.5% 2027 37.9% 110 38.0% 40,150 38.0% 28,110 38.1% 70.0% 4.0% $153.00 4.0% $107.10 4.0% Amount Ratio $4,301,000 98.7% 57,000 1.3% 4,358,000 100.07o 1,020,000 23.7% 34,000 59.6% 1,054,000 24.2% 3,304,000 75.8% 370,000 8.5% 479,000 11.0% 192,000 4.4% 192,000 4.4% 1,233,000 28.3% 2,071,000 47.5% 131,000 3.0% 233,000 5.3% 48,000 1.1% 412,000 9.57. 1,510,000 37.9% 1,560,000 38.0% 1,605,000 38.0% 1,659,000 38.1% 159,000 4.0% 164,000 4.0% 169,000 4.0% 174,000 4.0% $1,351,000 33.9% $1,396,000 34.0% $1,436,000 34.0% $1,485,000 34.1% 2028 110 40,150 28,110 70.0% $157.75 $110.43 Amount Ratio $4,434,000 98.7% 58,000 1.3% 4,492,000 100.0% 1,050,000 23.7% 35,000 60.3% 1,085,000 24.2% 3,407,000 75.8% 382,000 8.5% 494,000 11.0% 198,000 4.4% 198,000 4.4% 1,272,000 28.3% 2,135,000 47.5% 135,000 3.0% 237,000 5.3% 49,000 1.1% 421,000 9.4% 1,714,000 38.2% 180,000 4.0% $1,534,000 34.1% Exhibit D DPConsulting Professionals in Hotel Development 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 dpconsultingusa.com Projects Completed by David Parker Market Studies of Limited- Service Hotels: Dallas Area: Market Study of Proposed Best Western Premier — Denton, Texas (Open 2009) Market Study of Proposed Fairfield Inn — Decatur, Texas Market Study and Valuation of Proposed Comfort Suites — Grapevine, Texas (Open 2005) Market Study of a Hampton Inn and Suites — Alliance Airport, Fort Worth Texas (Open 1999) Due Diligence Analysis of five hotels (Holiday Inn Expresses and Quality Suites) — Dallas, Texas Market Study of Proposed Hampton Inn and Suites — Hurst, Texas (Open 2004) Due Diligence Analysis Wyndham Garden Hotel Los Colinas — Irving, Texas Due Diligence Analysis Wyndham Garden Hotel Market Center — Dallas, Texas Houston Area: Market Study of Proposed Hampton Inn & Suites — Bush Intercontinental Airport — Houston, Market Study of Proposed Comfort Suites (Westchase) — Houston, Texas (Open 2013) Market Study of Proposed Hampton Inn & Suites — Missouri City, Texas (Open 2013) Market Study of Proposed Courtyard & TownePlace Suites — Galveston, Texas (Open 2013) Market Study of Proposed SpringHill Suites — Houston, Texas Market Study of Proposed Sleep Inn — Clute /Lack Jackson, Texas Market Study of Proposed Microtel Inn & Suites — Port Arthur, Texas Market Study of Proposed SpringHill Suites — Seabrook, Texas Market Study of Proposed La Quinta — West Chase - Houston, TX (Open 2007) Market Study of Proposed Best Western Mini Suites — Texas City, Texas (Open 2005) Market Study of Proposed Bed & Breakfast — Kemah, Texas (Open 2004) Market Study of a Proposed TownePlace Suite — College Station, Texas (Open 1999) Market Study of a Proposed TownePlace Suite — Clear Lake, Texas (Open 1999) Market Evaluations of four Baymont Inns — Houston, Texas Market Study of Proposed Hampton Inn & Suites — League City, Texas (Open 2010) Central Texas: Market Study of Proposed Homewood Suites — ( Parmer Lane) Austin, Texas (Open 2015) Market Study of Proposed Home2 Suites — Round Rock, Texas (Open 2015) Market Study of Proposed Bed and Breakfast Cabins — Fredericksburg, Texas (Open 2013) Market Study of Proposed Hampton Inn & Suites — Downtown Austin, Texas (Open 2012) Market Study of Proposed Homewood Suites — Round Rock, Texas (Open 2010) Market Study of Proposed Sleep Inn & Suites — Manor, Texas (Open 2012) Market Study of Proposed Limited - Service Hotel — Marble Falls, Texas Market Study of Proposed Microtel Inn & Suites — Austin, Texas (Airport) (Open 2010) Market Study of Proposed Staybridge Suites — San Antonio, Texas (Open 2008) Market Study of Proposed La Quinta - Medical Center - San Antonio, Texas (Open 2007) South Texas: Market Study of Proposed Microtel — Gonzales, Texas (Open 2013) Market Study of Proposed Home2 Suites — Mission, Texas Market Study of Proposed Holiday Inn Express — South Padre Island, Texas (Open 2005) Texas (Open 2015) f 0*4 Exhibit D DPConsulting Professionals in Hotel Development 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 dpconsultingusa.com North Texas: Market Study of Proposed Hampton Inn — Vernon, Texas (Open 2011) Market Study of Proposed Holiday Inn Express — Vernon, Texas (Open 2006) West Texas: Market Study of Proposed Microtel — San Angelo, Texas (Open 2010) Market Study of Proposed Hawthorn Suites — Lubbock, Texas (Open 2008) Market Study of Proposed Best Western — Hamilton, Texas (Open 2007) Market Study of Proposed La Quinta — Lubbock, Texas (Open 2006) East Texas: Market Study of Proposed Microtel Inn & Suites — Texarkana, Texas Market Study of Proposed Hampton Inn — Sulphur Springs, Texas (Open 2010) Market Study of Proposed Best Western — Mt. Vernon, Texas Outside of Texas: Market Study of Proposed Home2 Suites — Tallahassee, Florida (Open 2016) Market Study of Proposed Home2 Suites — Stillwater, Oklahoma (Open 2016) Market Study of Proposed Home2 Suites — Tuscaloosa, Alabama (Open 2015) Market Study of Proposed Home2 Suites — Lexington, Kentucky (Open 2015) Market Study of Proposed Hilton Garden Inn & Homewood Suites — Oklahoma City, Oklahoma (Open 2014) Market Study of Proposed Hampton Inn & Suites - Mulvane, Kansas (Open 2012) Market Study of Proposed Hampton Inn & Suites — Dodge City, Kansas (Open 2012) Market Study of Proposed Homewood Suites — Nashville, Tennessee (Open 2013) Market Study of Proposed Fairfield Inn — Maize, KS (Open 2011) Market Study of Proposed La Quinta Inn & Suites — Olathe, Kansas (Open 2008) Market Study of Proposed Holiday Inn Express & Suites — Bloomington, Indiana (Open 2006) Market Study of Converting historic buildings into Residence Inn and Courtyard by Marriott — Omaha, NE (Open 1999) Market Study of Proposed Sleep Inn Limited - Service hotel — Thornton, Colorado (Open 1998) Market Study and Valuation of Proposed All -Suite Hotel at Isle of Capri Casino — Lake Charles, Louisiana (Open 1998) Market Study and Valuation of Proposed Limited - Service Hotel at Isle of Capri Casino — Lake Charles, Louisiana (Open 1997) Market Studies Select and Full- Service Hotels: Dallas Area: Market Study of Proposed Hilton Garden Inn — Hurst, Texas (Open 2016) Market Study of Proposed Hilton Dallas /Plano Granite Park — Plano, TX (Open 2014) Market Study of Proposed Cambria Suites — Plano, Texas (Open 2014) Market Study of Proposed Courtyard Hotel & Conference Center — Carrollton, Texas Market Study of Renovating the Historic Blackstone Hotel into a Courtyard by Marriott — Fort Worth, Texas (Open 1999) Market Study of Proposed Embassy Suites Galleria — Dallas, Texas (Open 1998) Evaluation of Converting the Employers Life Insurance Building into a Headquarters Hotel — Dallas, Texas f 0*4 Exhibit D DPConsulting Professionals in Hotel Development 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 dpconsultingusa.com Market Study of Proposed Holiday Inn — McKinney, Texas (Open 2008) Market Study of Proposed Resort Hotel and Water Park — Frisco, Texas Impact Assessment of Converting Ramada Plaza into Holiday Inn Select (Presently The Sheraton) — Fort Worth, Texas Houston Area: Market Study of Proposed Courtyard & TownePlace Suites — Galveston, Texas (Open 2013) Market Study of Proposed Courtyard by Marriott — Galveston, TX (Open 2013) Market Study of Proposed Embassy Suites & Water Park — Beaumont, Texas Market Study of Proposed Embassy Suites — Texas Medical Center — Houston, TX Market Study of Proposed Holiday Inn — Shenandoah, Texas Market Study of Proposed Hilton Garden Inn Galleria — Houston, Texas (Open 2005) Market Study and Economic Impact Assessment of 1,200 -Room Hilton Americas — Downtown Houston, Texas (Open 2004) Market Study of Converting the Medical Towers into the Marriott Medical Center Expansion — Houston, Texas Market Study of Converting Historic Texas State Hotel into Sheraton Suites — Downtown Houston, Texas Market Study and Valuation of Omni Galleria — Houston, Texas Market Study and Valuation of Red Lion Hotel Galleria — Houston, Texas Central Texas: Market Study of Proposed SoCo Hotel — (South Congress) Austin, Texas (Open 2015) Economic Impact Study of Proposed Hilton Garden Inn — Live Oak, Texas Market Study of Proposed Select- Service Hotel & Conference Center — Boerne, Texas Market Study of Proposed Four Points (Now Wyndham Garden Inn Near La Cantera) — San Antonio, Texas (Open 2009) Market Study of Proposed Boutique Hotel — Fredericksburg, Texas Market Study of Proposed Cambria Suites — Medical Center — San Antonio, Texas Market Study of Proposed Westin Riverwalk — San Antonio, Texas (Open 1999) Market Study of Proposed Full- Service Hotel — New Braunfels, Texas Market Study and Valuation of St. Anthony Hotel — San Antonio, Texas South Texas: Market Study of Proposed Hotel & Conference Center — Port Aransas, Texas Market Study of Proposed Full- Service Hotel Adjacent to McAllen Convention Center — McAllen, Texas Market Study of Proposed All -Suite Hotel and Resort on North Padre Island — Corpus Christi, Texas Market Study, Economic Impact Study, and Financing Recommendations of Proposed Full- Service Hotel — South Padre Island, Texas Market Study of Proposed Executive Conference Center — North Padre Island, Corpus Christi, Texas North Texas: Market Study of Proposed Hotel Conversion to a Full- Service Wyndham Hotel — Wichita Falls, Texas West Texas: Market Study of Proposed Full- Service Hotel & Conference Center — Odessa, Texas Outside of Texas: Market Study of Proposed Full- Service Resort with Golf — Franklin, Tennessee Market Study of Proposed Hilton Garden Inn & Homewood Suites — Oklahoma City, Oklahoma (Open 2014) Market Study of Proposed Conversion of the Fulton Hotel to a Holiday Inn — Alexandria, Louisiana Market Study of Proposed Office Building Conversion into Hilton Garden Inn — Airport - Phoenix, Arizona (Open 2009) Market Study of Proposed Hilton Garden Inn (Converted Office Building) — Phoenix, AZ at Airport (Open2008) f 0*4 Exhibit D DPConsulting Professionals in Hotel Development 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 dpconsultingusa.com Market Study of Proposed Full- Service Hotel — Colorado Springs, Colorado Performance Review of Operating Standards — Radisson Fort McDowell Resort & Casino — Scottsdale, Arizona Market Study of Proposed Holiday Inn — Colorado Springs, Colorado Market Study and Valuation of Cypress Bend Golf Resort and Conference Center — Sabine Parish, Louisiana Market Study of Converting historic buildings into Residence Inn and Courtyard by Marriott — Omaha, NE (Open 1999) Market Study of Proposed Full- Service Hotel — Sandy City, Utah Market Study of Proposed Full- Service Hotel adjacent to Jazz Land Theme Park — New Orleans, LA Market Study and Valuation of 780 -room Regal Riverfront — St. Louis, Missouri Public Assembly Facilitv Studies: Dallas Area: Market Study of Proposed Dallas County School District Meeting Facility — Dallas, Texas Market Study of Proposed 500,000- Square foot Exhibition Center — Grapevine, Texas Market Study of Proposed Conference Center — Hurst, Texas (Open 2007) Management RFP of Proposed Conference Center — Hurst, Texas Houston Area: Market Study of Proposed Convention Center — Stafford, Texas (Open 2003) Market Study of Proposed Performing Arts Theater — Stafford, Texas (Open 2003) Market Study and Economic Impact of Proposed Waterway Convention Center — The Woodlands, Texas (Open 2002) Citywide occupancy tax collection forecast for City of Houston, used in securing $700 million i expanding the George R. Brown Convention Center, constructing the 1,200 -room Hilton NBA basketball arena — Houston, Texas Market Study and Economic Impact Study of Expanding the George R. Brown Convention Center — Downtown Houston, Texas Market Study of Proposed Convention Center, Mall Conversion — Baytown, Texas Market Study of Proposed Natatorium — Stafford, Texas Market Study of Repositioning a portion of Greenspoint Mall into a Convention Center — Houston, Market Study of Proposed Civic Center — Kemah, Texas Market Study of Proposed Civic Center — Freeport, Texas Central Texas: Market Study of Proposed Convention Center — New Braunfels, Texas Market Study of Proposed Civic Center & Exhibit Hall — Gonzales, Texas I bonds for the purpose of Hotel, parking garage, and Texas South Texas: Market Study of Expanding the Bayfront Convention Center — Corpus Christi, Texas (Completed 1999) East Texas: Market Study of Proposed Convention Center — Lufkin, Texas Exhibit D DPConsulting Professionals in Hotel Development 10700 Richmond Ave. Suite 321 Houston, Texas 77042 713.900.2101 dpconsultingusa.com Outside of Texas: Market Study and Economic Impact Study of Proposed 453,000- square foot Exhibition Center — Sandy City, Utah Market Study of Proposed Ballroom Addition to the Welk Resort — Branson, Missouri Market Study of Proposed Convention Center, Mall Conversion — Tupelo, Mississippi Other Projects: Houston's First Baptist Church —Hunt Retreat — Lodge /Conference Facility — FuIshear, Texas (Open 2013) Market Study of Proposed Baseball Facility — The Zone — Kingwood, Texas (Open 2012) Market Study of Proposed Water Park — Beaumont, Texas Market Study of Proposed Time Share — Lake Havasu, Arizona Lakeview Methodist Conference Center — Lodge /Conference Facility — Palestine, Texas Market Study for Three Proposed Buffalo Wild Wings locations — Greater New Orleans, Louisiana Market Study for Proposed Apartments — Jackson, Tennessee Developer of five high -end town homes near Texas Medical Center Developer of three -unit loft project east of Mid -Town - Houston, Texas Due Diligence of new construction 400 -unit Self Storage in southwest Houston Due Diligence of new construction 400 -unit Self Storage in Baytown, Texas Developer / Investor Prospectus of Pearland Swim Academy — Pearland, Texas FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: J.2 City of Farmers Branch Staff Report File Number: ORD -3448 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Public Hearing File Type: Ordinance Conduct a public hearing and consider adopting Ordinance No. 3448 for a Specific Use Permit for the construction of a detached accessory structure (exceeding 120 square feet) located at 14430 Tanglewood Drive; and take appropriate action. Rar.KnRnI win- The subject property is a 19,000 square foot residential lot located on Tanglewood Drive. The property is located in the One Family Residential zoning district (R -2) which is comprised of single - family homes. nlC(1l ICClr)Kl• The applicant is requesting a Specific Use Permit to build a detached accessory building, approximately 285 square feet, located in the rear yard in the northeaster portion of the lot. The accessory building proposed is an enclosed greenhouse. The greenhouse will be used a hobby greenhouse for growing vegetables, houseplants, and flowers. RECOMMENDATION: On May 22nd the Planning and Zoning Commission voted unanimously to recommend approval of the Specific Use Permit as described in the Ordinance No. 3448. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Ordinance No. 3448 5. Site Photographs City of Farmers Branch Page 1 Printed on 7/6/2017 v Z h LAKE COUNT i Q�N i d cr o ;1E i IR i i i i ,R2 pFe6 L sm P C <FeFgcy DR• i QQ IRV oR 2 C( o U 0 i \ W U W ; J d J J e H ! O � 1 i € SPRING VALLEY RD. � e 1 Q: 1 U O i O i Various official and unofficial sources were used to gather this �..........� Zoning District Boundary 17 S U 10 Location Map 1� /��i R r, ` <. o information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy f said data For ictorialr eference only. y v .: •.._ Parcel Property Boundaries 14430 Tanglewood Drive s Rs BRANCH 0 315 630 City Limit - Feet Document Path: ZA\Zoninq Cases\2017 cases \17 -SU -10 14430 Tanqlewood (Detached Accessorv) \GIS \Location Maq.mxd Date: 5/9/2017 = Parcel Property Boundaries _.._r City Limit 17 -SU -10 - Aerial Map 14430 Tanglewood Drive wl �� c� -,LRS BRANCH Various official and unofflcial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data For pictorial reference only. 0 315 630 .0 WAV _4 All Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 6, 2017 SUBJECT: Ordinance 3448 — Specific Use Permit for detached accessory structure at 14430 Tanglewood Drive Existing Conditions: The subject property is a 19,000 square foot residential lot located on Tanglewood Drive. The property is located in the One Family Residential zoning district (R -2) which is comprised of single - family homes. To the north and south are additional, comparable residential lots and existing residential uses. To the east, the property is bordered by Marsh Lane. The existing one- story, single family residential home is comprised of approximately 2,154 square feet. The primarily building material for the residence is masonry. (See Location and Aerial Map). The applicant is requesting a Specific Use Permit to build a detached accessory building, approximately 285 square feet, located in the rear yard in the northeaster portion of the lot. The Comprehensive Zoning Ordinance dictates that any residential accessory building that is larger than 120 square feet requires a Specific Use Permit. Site Design: The accessory building proposed is an enclosed greenhouse. The greenhouse will be used a hobby greenhouse for growing vegetables, houseplants, and flowers. The building will be setback 14 feet from the rear property line and 8 feet from the side property line. The proposed accessory building is located approximately 38 feet from the main residential structure. The greenhouse will be approximately 10.4 feet at its highest point. The proposed accessory building is located within the fenced backyard. (See Site Plan). The greenhouse is a closed structure with double storm doors (32x80) on the western facade. The proposed dimensions are approximately 15'x19' for a total of 285 square feet. The roof consists of glass and metal panels in the traditional greenhouse architectural style. The metal components will be powder coated a white color. The structure will include two evaporation coolers to control the temperature in the greenhouse. The base of the building is masonry (See Representative Photos and Floor Plan). The applicant also plans to add additional landscaping in the backyard after the greenhouse is installed. No additional improvements are proposed with this Specific Use Permit request. The applicant has fulfilled all necessary planning and zoning requirements. Public Response: Thirteen (13) notification letters were mailed to the surrounding property owners on May 10th, 2017. One zoning notification sign was placed on the site that day after. A public notice was placed in Dallas Morning News on June 21St. As of July 6th, 2017 no written letters in favor or opposition of this SUP request have been received by the city. On May 22nd the Planning & Zoning Commission voted to recommend approval of this Detailed Site Plan as outlined in Ordinance No. 3448. The vote was unanimous. Possible Council Action: 1. I move to adopt Ordinance No. 3448 2. I move to adopt Ordinance No. 3448 with the following modification(s)... 3. I move to table the item or take no action. ORDINANCE NO. 3448 r AN ORDINANCE OF THE CITY OF FARMERS BRANCH, FARMERS TEXAS, AMENDING THE COMPREHENSIVE ZONING BRANCH ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR AN ACCESSORY BUILDING COVERING AN AREA GREATER THAN 120 SQUARE FEET ON PROPERTY DESCRIBED AS LOT 6, BLOCK 5, BROOKHAVEN HILLS (COMMONLY KNOWN AS 14430 TANGLEWOOD DRIVE) LOCATED WITHIN A ONE - FAMILY RESIDENTIAL DISTRICT 2 (R -2) ZONING DISTRICT; ADOPTING A SITE PLAN AND DEVELOPMENT REGULATIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR TERMINATION WHEREAS, the Planning and Zoning Commission of the City of Farmers Branch and the governing body of the City of Farmers Branch, in compliance with the laws of the State of Texas and the ordinances of the City of Farmers Branch, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of the legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Zoning Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The Comprehensive Zoning Ordinance of the City of Farmers Branch, and the zoning map of the City of Farmers Branch, as previously amended, are further amended by granting a Specific Use Permit for an accessory building covering a lot area greater than 120 square feet within a One - Family Residential District 2 ( "R -2 ") zoning district on Lot 6, Block 5, Brookhaven Hills, an addition to the City of Farmers Branch, Texas, according to the plat thereof recorded in Volume 51, Page 207, Map Records, Dallas County, Texas (commonly known as 14430 Tanglewood Drive)( "the Property "), subject to the provisions of Section 2 of this Ordinance. SECTION 2. The accessory building authorized to be located on the Property pursuant to this Ordinance shall conform in height, operation, location and construction to the development standards specified within the R -2 Zoning District as set forth in the Comprehensive Zoning Ordinance, as amended, except as follows: A. The floor area of the accessory building may cover an area of the Property not greater than 285 square feet. B. The accessory building shall be located as shown on the Site Plan attached hereto as Exhibit "A" and incorporated herein by reference. C. The total height of the accessory building (i.e. to the peak of the roof) shall not exceed eleven feet (11.0') from the existing ground level and otherwise conform to the dimensions set forth on the Elevations attached hereto as Exhibit `B" and incorporated herein by reference ( "the Elevations "). D. The design and materials of the accessory building shall substantially conform to the Elevations. E. The floor plan layout of the accessory building shall substantially conform with and not exceed the dimensions of the Floor Plan attached hereto as Exhibit "C," and incorporated herein by reference. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Farmers Branch and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption of said Ordinance as the law and the City Charter in such cases provides. SECTION 8. This ordinance shall be subject to termination pursuant to Section 6.5.0 of the Comprehensive Zoning Ordinance, as amended. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ON THIS, THE 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/2/17:86867) \ |i!# 7 � �m « ,)� {/$ § ®R w m}� e . mI 00 2 ! �i \fig |! v � |` o �\ Z . � r /{ rn l{ O {\ O . U |\ U !\ � \{ m ( f Yl k � * \§fr D OR ^ $ / {R- Ordinance No 3448 Exhibit "A"- SITE PLAN X ;10 b ! \� }\ §$ -| X \ 3{ � 4! ( /( § )� k k� 4 Cl) R-I % ®� ; }\ ( % k m § ( { $ \ § � ( ) ( \ \ [ ( Z � Ordinance No. 3448 Exhibit `B "- ELEVATIONS AUTOMATED RIDGE VENT, POLYCARBONATE AUTOMATED RIDGE VENT, POLYCARBONATE G/ $$TEMPERED ROOF l(nTEMPERED ROOF ALUMINUM ROLL -UP -------- // III III \ III \\ ALUMINUM ROLL-UP SHADES (ROOF ONLY) i/ \���III��ILLL \ \\ SHADES (ROOF ONLY) NOT SHOWN FOR CLARITY NOT SHOWN FOR CLARITY 1/8' DSB ANNEALED G S3 3 nrI ACSE 1518/24" DOOR END ecece: s e' =i' -o• eeeeoTSn er: aTS: �• m ns !� " WEBER BAKER ' 17002AC 04 6 BAY ROLL-UPS 5 BAY ROLL -UPS POWDER COATED:WHITE ALTOMATED RIDGE I� -- --I 1/8" TEMPERED RDDF SS H.45 NAT GAS AL11 11" --------- I\'ll� � SEVERE — E MWR P ANNEALED GLASS ul FOUNDATION BY OTHERS i I. 225 I. ACSE 1518/24" SIDE END (�D =VENT ARM LOCATIONS WEBER BAKER _ "A" BRKT LOCATIONS i7DOZAC POWDER COATED:WHITE Ordinance No. 3448 Exhibit `B "- ELEVATIONS (cont.) AUTOMATED RIDGE VENT, POLYCARBONATE AUTOMATED RIDGE VENT, POLYCARBONATE HD45 NAT GAS HEATER 1 /B" TEMPERED ROOF GLASS ALUMINUM ROLL -UP :J����NHUO M ROLL -UP SHA DES (ROOF ONLY) (ROOF ONLY) NOT SHOWN FOR CLARITY WN FOR CLARITY 1/8- TEMPERED ROOF GLASS yam, �. is m 1 /B" DSB ANNEALED GLASS FOUNDATION BY OTHERS FOUNDATION BY OTHERS CONCRETE PAD FOR COOLERS PACE { OF 7 ACSE 1518/24° DOOR END eceRS: a e• =i' -o• evemvm m. RAMC � m ns RAYS 17 JAN 5017 WEBER BAKER ' LJ WIfWINC. 177 UM POWDER COATED:WHITE IM m z 'S 0 i 0 0 0 D 0 Z m v 0 V Ordinance No. 3448 Exhibit "C "- FLOOR PLAN m S N 2 m0 *n K -n=i= ;2o �; Oyy Z-iZ 0� ,000 aM ma" 2 v A C" a w x m a m m a Nn EO NEAt�R 00 Zo Z 0 +000uf MP" m 0 2 N 2 m Site Photographs l6: FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: J.3 City of Farmers Branch Staff Report File Number: ORD -3450 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Public Hearing File Type: Ordinance Conduct a public hearing and consider adopting the Ordinance No. 3450 for a Specific Use Permit for vehicle sales and vehicle repair located at 13830 Stemmons Freeway, Suite 100; and take appropriate action. BACKGROUND: The subject property is a 0.869 -acre site located east of Stemmons Freeway. The property is located in Planned Development Number 70 (PD -70) zoning district (Freeway Subdistrict), which allows a wide range of commercial uses. PD -70 requires that all vehicle sales and repair must obtain a Specific Use Permit (SUP). DISCUSSION: The applicant, ATV Scooter Store, is a licensed dealer of scooters, motorcycles and ATVs. They are requesting a Specific Use Permit to allow vehicle sales and vehicle repair. The subject property is fully developed. The existing 1 -story masonry building contains approximately 37,869 square feet. No expansion of the existing building is proposed with this request. The northern portion of the building is dedicated to an existing tile business (Suite 200). The southern portion is the proposed scooter store (Suite 100). RECOMMENDATION: On June 12th, the Planning and Zoning Commission voted to recommend approval of the Specific Use Permit as described in the Ordinance No. 3450. The vote was 6 -1. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Ordinance No. 3450 5. Site Photographs City of Farmers Branch Page 1 Printed on 7/6/2017 1 � DI � GJP d a 9 q Q � g d — R q, p CQ q S/N q w A 0 Q 9 Subject Site w WICKER n; o � WI GREENH URS 0. a o Q o y SQUIRE PL. { R S UIRE PL W 'p -2 M � = a R q .0 u I Z RICHLAND AVE. W Zoning District Boundary 17 SU 02 Location Map ��' , 4 v� Various official and uvofflcial sources were used to gather this information. Every effort was made to ensure the accuracy of this daft, , howeve,voguarantee isgivev or mplieda to he accuracy of said data For pictorial reference only. Parcel Property Boundaries 000- � City Limit 13830 Stemmons Fwy BRANCH BRANCH o 280 560 - 1. -.. -r Feet Document Path: ZA\Zoninq Cases\2017 cases \17 -SU -02 13830 Stemmons (ATV Scooter Store) \GIS \Location Map.mxd Date: 3/29/2017 = Parcel Property Boundaries City Limit 17 -SU -02 - Aerial Map 13830 Stemmons Fwy 1tj \i� wl �� a� -,LRS BRANCH Various official and unofflcial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data For pictorial reference only. 0 280 560 .0 WAV _4 All Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 6, 2017 SUBJECT: Ordinance 3450 — Specific Use Permit for Vehicle and Related Services Uses at 13830 Stemmons Freeway, Suite 100 Existing Conditions: The subject property is a 0.869 -acre site located east of Stemmons Freeway. The property is located in Planned Development Number 70 (PD -70) zoning district (Freeway Subdistrict), which allows a wide range of commercial uses. PD -70 requires that all vehicle sales and repair must obtain a Specific Use Permit (SUP). (See Location and Aerial Map) The site is surrounded by commercial land uses. To the south is another motorcycle sales business (Freedom Power Sports). To the north is a retail/wholesale tile business (Tile Expo). To the west of the site is Interstate 35. Site Design: The subject property is fully developed. The existing 1 -story masonry building contains approximately 37,869 square feet. No expansion of the existing building is proposed with this request. The northern portion of the building is dedicated to an existing tile business (Suite 200). The southern portion is the proposed scooter store (Suite 100). (See Site Plan.) Ingress and egress to the site is from Stemmons Freeway. The building has 16 customer parking spaces along the western portion of the site, adjacent to Stemmons Freeway. The building also has additional 19 parking spaces behind the building to the east, which serves as the employee parking area as well as the loading area. Staff has confirmed there is adequate existing parking available for the use. As part of this SUP, the applicant has proposed to resurface, reseal and restripe the parking lot. The applicant is proposing a new business at this location that sells new and used scooters, ATVs, UTVs, dirt bikes, go -karts, and motorcycles. As well as a variety of accessories. The business operating hours are Tuesday - Saturday, 10:00 am — 6:00 pm. The total number of employees is approximately four. The franchise vehicles this dealer is licensed to sell are as follows; TAOTAO, Trailmaster, RPS, Coolster, and Peace. The proposed floorplan consists of approximately 14,638 square feet with 6,498 dedicated to office /showroom use and the remaining 8,140 square feet dedicated to warehouse use. (See Floorplan.) Outdoor Display: The applicant is not requesting any outdoor storage or display with this Specific Use Permit request. Landscaping: With the approval of this new SUP, the applicant proposes installing new landscaping along the southern property line. The landscaping proposed is a combination of Red yucca, Muhly grass, Italian cypress, and Texas sage. The intent with this design is to promote a low watering combination of plants or xeriscape. The applicant is limited in terms of the irrigation potential for the site due to the existing easements. (See Landscape Plan) Signage: There is one freestanding pole sign allocated to the business on the site. No additional signage is being requested with this SUP and site plan. (See Site Photos) Comprehensive Plan: The 1989 Farmers Branch Comprehensive Plan recommends "general commercial" for the subject site. The property's close proximity to Stemmons Freeway makes it appropriate for commercial businesses requiring high visibility. Therefore, the proposed specific use permit request is consistent with the Comprehensive Plan. Thoroughfare Plan: US Interstate 35 ( Stemmons Freeway) is in the process of expansion. Based on the most recent design plans available to the City, no additional right of way needed from this site for the freeway expansion. Public Response: Seven notification letters sent out to the surrounding property owners on May 31St, 2017. One zoning notification signs placed onsite. A public notice was placed in Dallas Morning News on June 19th. As of July 6th, 2017, no letters of opposition have been submitted to the City. On June 12th, the Planning & Zoning Commission voted to recommend approval of this Detailed Site Plan as outlined in Ordinance No. 3450. The motion carried the following vote: 6 votes for approval and 1 vote for denial. Possible Council Action: 1. I move to adopt Ordinance No. 3450 2. I move to adopt Ordinance No. 3450 with the following modification(s)... 3. I move to table the item or take no action. ORDINANCE NO. 3450 -i� AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING FARMERS ORDINANCE AND ZONING MAP OF THE CITY OF FARMERS BRANCH BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT - FOR VEHICLE SALES AND VEHICLE REPAIR ON A PORTION OF A 0.869 ACRE TRACT OF LAND OUT OF LOT 1, BLOCK A, BLOCK A, B.E. MALONE SUBDIVISION (BEING 13830 STEMMONS FREEWAY, SUITE 100) LOCATED IN THE PLANNED DEVELOPMENT NUMBER 70 OLD FARMERS BRANCH — FREEWAY SUBDISTRICT (PD -70 OFB -FW); APPROVING DEVELOPMENT REGULATIONS, A SITE PLAN; AND A LANDSCAPE PLAN; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission of the City of Farmers Branch and the governing body of the City of Farmers Branch, in compliance with the laws of the State of Texas and the ordinances of the City of Farmers Branch, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity, the governing body, in the exercise of its legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Zoning Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The City of Farmers Branch Zoning Ordinance and zoning map of the City of Farmers Branch, Texas, (collectively, "the Zoning Ordinance ") be, and the same is hereby amended, so as to grant a change in zoning by granting a Specific Use Permit for Vehicle Sales and Vehicle Repair within the Planned Development Number 70 Old Farmers Branch — Freeway Subdistrict (PD -70 OFB -FW) zoning district on a portion of land described in Exhibit "A" attached hereto and incorporated herein for all purposes ( "the Property "). SECTION 2. The Property shall conform in operation, location and construction to the development standards specified within Planned Development No. 70 (PD -70) Zoning District, and, if used and developed for the use authorized by Section 1, above, shall also be used and developed in association with the following regulations: A. The Property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit `B" and incorporated herein by reference. Only the 14,638 square foot portion of the Property designated on the Site Plan as "Suite 100" (including the adjacent warehouse area) may be developed and used for Vehicle Sales and Vehicle Repair pursuant to this Ordinance. B. The Property shall be developed in accordance with the Landscaping Plan attached hereto as Exhibit "C" and incorporated herein by reference. Notwithstanding anything to the contrary in the Zoning Ordinance, installation of all landscaping required by the Landscaping Plan shall be completed not later than ninety (90) days after the effective date of this Ordinance. C. Notwithstanding anything to the contrary set forth in the use and development regulations of PD -70, as amended, the minimum number of off - street parking spaces to be located on the Property shall be thirty -five (35), which parking spaces shall be located as shown on the Site Plan. D. The outside display and storage of vehicles for sale or lease, equipment, tools, or supplies is prohibited on the Property. E. Work constituting the repair or maintenance of vehicles or the installation or removal of parts may not occur on the exterior of any building on the Property. SECTION 3. The Property shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Farmers Branch, as heretofore amended and as amended herein. SECTION 4. The provisions of this ordinance shall be controlling with respect to the use and development of the Property for the purposes authorized in Section 1, above. In the event of any irreconcilable conflict with the provisions of any other ordinances of the City of Farmers Branch, the provisions of this ordinance shall be controlling. SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. Notwithstanding the foregoing, the continuation of the use of the Property for the purposes set forth in, and subject to the regulations of, Ordinance No. 3088 shall not constitute a violation for the said ordinance not the Zoning Ordinance notwithstanding the expiration of Ordinance No. 3088. SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ON THIS THE 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kbi:7i2i17:87695) Ordinance No. 3450 Exhibit "A" Description of the Property BEING 0.869 acres of land located in Lot 1, Block A, B. E. MALONE SUBDIVISION, an addition to the City of Farmers Branch, Dallas County, Texas, according to the plat recorded in Volume 78091, Page 3040 of the Deed Records of Dallas County, Texas, said 0.869 acres being more particularly described by metes and bounds, as follows: BEGINNING at a 1/2" iron rod found at the Northwest corner of said Lot 1, Block A, B. E. MALONE SUBDIVISION, and lying in the East rigbt -of -wayl line of Interstate Highway No. 35E (a 300 foot wide right -of -way); THENCE, S 89° 12'32" E, 88.84 feet along the North boundary line of said Lot 1 to a 1/2" iron rod at the Northeast corner thereof, located in the Southwest boundary line of the Texas Power & Light Company Easement, recorded in Volume 2202, Page 171 of the Deed Records of Dallas County, Texas; THENCE, S 29° 41' 57" E, 282.37 feet along the Northeast boundary line of said Lot 1, Block A, and the Southwest boundary line of said Texas Power & Light Company Easement to a 1/2" iron rod at the intersection of the North line of a 20 foot easement and access road; THENCE, S 83° 44'00" W, 200.45 feet along the North line of said easement and access road, and along a line 20 feet North of and parallel to the South boundary line of said Lot 1, Block A, to a 1/2 inch iron rod in the West boundary line of said Lot 1, Block A, also being the East right - of -way line of aforesaid Interstate Highway No. 35E; THENCE, N 06° 16'00", W 270.00 feet along said East right -of -way line and the West boundary line of said Lot 1, Block A to THE PLACE OF BEGINNING, containing 0.869 acres (37,869 square feet) of land. Ordinance No. 3450 Exhibit `B" - Site Plan r, -1 -1 .lu. 7 Is; - .acua�i_� ; 17 I' ?� i F V r1�,, r; — w �N \ �sJ 589°12'32"E 88:84' OVERHEAD TELEP�h{p, NE '.SERVICE LINE i%i . CID LOT 1 � O 1. o BLOCK A - �7—SQ. FT c ar9 A _ 1 JX _ c5' �. ONE- STORY \ o rn to BRICK BUILDING s o O � r is v:FT[ cq�[,NEO CL (rvwY aEn 1 24 0 \ �Cp— �m _� } m 02 � �o 25.a' \ i Mo WAREHOUSE 0 ' I I I s " o � o T4.6' - �7 d• iFQNaone 0 - 583 °44'00" W 200.45' g I zo [As_MENTnGG[s I "ano o �N \ �sJ Ordinance No. 3450 Exhibit "C" - Landscape Plan Cyj 0 0 Q LL 0 z C 0 C) D 2 r = m �r Ay k; Vine Muliiy Grass 0 f 1 P T;' , :C Irrigation Map o EEA _ u o a� �a U ;I Cyj 0 0 Q LL 0 z C 0 C) D 2 r = m �r Ay k; Vine Muliiy Grass 0 f 1 P T;' , :C Irrigation Map Site Photographs r -, ant k0l FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: JA City of Farmers Branch Staff Report File Number: ORD -3451 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Public Hearing File Type: Ordinance Conduct a public hearing and consider adopting Ordinance No. 3451 for a Specific Use Permit for a research laboratory located at 1501 LBJ Freeway, Suite 100; and take appropriate action. BACKGROUND: The subject site is located in the Park West Office Complex on LBJ Freeway, at the northwest corner of Luna Road and LBJ. It is located within Planned Development 78 (PD -78) zoning district, which allows a combination of commercial and office uses. The zoning, Planned Development District 78 (PD -78), requires a Specific Use Permit for all laboratories. DISCUSSION: The applicant, Sekisui Specialty Chemical is currently located at 1501 LBJ, Suite 530. They would like to expand their existing operations to include a research laboratory. Sekisui Specialty Chemicals is proposing to redesign Suite 100 within the existing office building to accommodate the relocation of their research laboratory from their Houston location to Farmers Branch. RECOMMENDATION: On June 12th, the Planning and Zoning Commission voted unanimously to recommend approval of the Specific Use Permit as described in the Ordinance No. 3451. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Site Plan 5. Ordinance No. 3451 6. Site Photographs City of Farmers Branch Page 1 Printed on 7/6/2017 PD -88 0 o w 4� 4 R D -88 Subject �- r-- Site WEST PAR WEST ._aa �," ..,_, 6 P -78 .... 635 1 PD- UNIT ---- Iram- PD= 60 --L I. H. 635 -8 � z= 81 PD-60 ' J �C30 rn Various official and unofflcial sources were used to gather this ' Zoning District Boundary 17 SU = 11 Location Map 1r It ��' i information. Every effort was made to ensure the accuracy of hsda a, however, voguarantee is given or implied as to he accuracy of said data For pictorial reference only. v� Parcel Property Boundaries 000- � City Limit 1501 L BJ Freeway BRA C H BRANCH 0 460 920 - Feet Document Path: Z:\Zoninq Cases\2017 cases \17 -SU -11 Park West (chemical lab) \GIS \Location Maq.mxd Date: 5/23/2017 = Parcel Property Boundaries City Limit 17 -SU -11 - Aerial Map 1501 LBJ Freeway wl �� a� -,LRS BRANCH Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data For pictorial reference only. 0 460 920 9 9 1 .9, - le Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 6, 2017 SUBJECT: Ordinance 3451 — Specific Use Permit for a research laboratory at 1501 LBJ Freeway, Suite 100 Existing Conditions: The subject site is located in the Park West Office Complex on LBJ Freeway, at the northwest corner of Luna Road and LBJ. It is located within Planned Development 78 (PD -78) zoning district, which allows a combination of commercial and office uses. The site is surrounded by office uses to the east. There is a proposed single - family residential development directly to the north of the site as well. (See Location Map) The subject site contains one existing concrete frame building and one associated parking garage. This 7 -story office building was constructed in 1985 and has a total area of approximately 347,514 square feet. The parking garage is 5- stories and has a total area of approximately 420,000 square feet. (See Site Plan) Proposal /Site Design: The applicant, Sekisui Specialty Chemicals, is proposing to redesign Suite 100 within the existing office building to accommodate the relocation of their research laboratory from their Houston location to Farmers Branch. The new suite will include seven offices, a conference room, a break room, and two research laboratories for a total of approximately 5,800 square feet. (See Floor Plan) Currently, Sekisui is located in Suite 530, occupying approximately 10,000 square feet of office use. They will continue to occupy and lease this space. No outside activity or outdoor storage is proposed for this use at this location. Operation: Sekisu Specialty Chemicals is proposing to expand its Farmers Branch operations to include additional office space and a research laboratory. Currently their laboratory is located in Houston and they desire to relocate it to the Farmers Branch area. (See Representative Photos) Sekisu develops a number of different chemical solutions and products including adhesives, oil field cementing, and ceramics. Its primary product is Selvol, a line of high performance polyvinyl alcohol polymers and copolymers used in paper, adhesive, packaging, construction, personal care, and many other specialty formulations. The office and lab will operate Monday through Friday from 8:00 AM to 6:00 PM. The applicant has provided a comprehensive chemical database to the city's environmental and fire departments to ensure the safety of staff and surrounding properties. Parking: The office complex has approximately 1,221 existing parking spaces contained within a five story parking garage. The proposed office and laboratory will utilize the existing parking facility. Staff determined that no additional parking is needed for this new use. There is adequate parking to serve the facility and the other existing uses within the office building. (See Site Plan) Landscaping: The applicant has no plans to install any additional landscaping. City staff agreed that there was not an opportunity for additional landscaping at this location. The entire site meets all requirement for landscaping and the existing vegetation is mature and well maintained. Signs: There is no signage proposed for this new use within the existing the Park West office complex. Public Response: Three (3) public notification letters were mailed on May 31St, 2017. Two zoning notification signs were also posted on the site that same day. A public notice was placed in Dallas Morning News on June 19th. As of July 6th, 2017 no letters of opposition to this Specific Use Permit request have been received by the City. On June 12th, the Planning & Zoning Commission voted to recommend approval of this Detailed Site Plan as outlined in Ordinance No. 3451. The vote was unanimous. Possible Council Action: 1. I move to adopt Ordinance No. 3451 2. I move to adopt Ordinance No. 3451 with the following modification(s)... 3. I move to table the item or take no action. 1113M FLOOD CONTROL DISTRICT SUMP „: LOT %. a5T. M I j f i' f 11 sip v0.. AC. 43 0.79 a II ° fleE��Y � I I � EXISTING PERKING GARAGE L'��Pw EXISTING IWi lBl BUILDING PD 78 F tltl v AREA OF REQUEST @yliI_yun.°.®srwv �° Locationd Suite¢ ur ride v°iYSE "fY d� do us -stt fir_ 1 1 com syy I 1 'm �ici'ee • e = ice° a�t' � Imo' 1 i'.: Y'iue w "'Y'i • Wn, —%__a °s4 sP Yew I/ . . . ,a,•K. .PARK'. a.. K'Esl -, ;-s5 etvo: ,'„.✓ , _ YSsm 0° S 090 N INTERSTgTFM w �Q: $ E m0 1Wq y N0. 635 odd ww ORDINANCE NO. 3451 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, FARMERS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND BRANCH ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR RESEARCH LABORATORY FOR A 5800± SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 4, BLOCK 1, PARK WEST PHASE II ADDITION (COMMONLY KNOWN AS 1501 LBJ FREEWAY, SUITE 100), LOCATED IN PLANNED DEVELOPMENT DISTRICT NO. 78 (PD -78); ADOPTING A SITE PLAN AND DEVELOPMENT REGULATIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission of the City of Farmers Branch and the governing body of the City of Farmers Branch, in compliance with the laws of the State of Texas and the ordinances of the City of Farmers Branch, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of the legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Zoning Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The Comprehensive Zoning Ordinance and zoning map of the City of Farmers Branch, Texas, be amended by granting a Specific Use Permit for Research Laboratory for the 5,800± square foot portion of the first floor of the building located on Lot 4, Block 1, Park West Phase Il, an Addition to the City of Farmers Branch, Texas, more commonly known as 1501 LBJ Freeway, Farmers Branch, Texas ( "the Property ") and presently located in Planned Development District No. 78 (PD -78). SECTION 2. The development of the Property shall be subject to the use and development of the regulations set forth in the Comprehensive Zoning Ordinance and PD -78, as amended, and, if developed and used for Research Laboratory, as authorized by Section 1, above ( "the SUP Use "), the SUP Use shall be limited to the 5,800 square foot area of the first floor of the building (commonly referred to as "Suite 100 ") as shown on the Floor Plan attached hereto as Exhibit "A" and incorporated herein by reference; provided, however, use of the off - street parking located adjacent and on the Property is located in association with the SUP Use is permitted; SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Farmers Branch and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ON THIS THE 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM Peter G. Smith, City Attorney (kb1:7/2/17:87696) o V Ordinance No. 3451 Exhibit "A" - Floor Plan n o a m a> S `o c'n m a 0 O [� Z g 0 0 J LL U1 LL P 3 Site Photographs FARMERS BRANCH Agenda Date: 7/11/2017 In Control: City Council Agenda Number: J.5 City of Farmers Branch Staff Report File Number: ORD -3452 Version: 1 Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 Status: Public Hearing File Type: Ordinance Conduct a public hearing and consider adopting the Ordinance No. 3452 for a Specific Use Permit for off - premise wine sales located at 13612 Midway Road, Suite 331 -1, and take appropriate action. BACKGROUND: The subject site is located on a 2.386 acre tract near the northwest corner of Midway Road and Alpha Road and is zoned Light Industrial (LI), which requires a Specific Use Permit for off - premise beer and wine sales. The site is surrounded by existing commercial and office uses. DISCUSSION: The applicant, Cordon Wines is seeking a Specific Use Permit to open a wine club office. Cordon Wines is proposing to occupy Suite 331 -1, which is approximately 100 square feet, located on the third floor of the existing six -story office building. TABC requires an off - premise wine permit from the city for this type of business. No retail sales are proposed at this location. RECOMMENDATION: On June 12th, the Planning and Zoning Commission voted unanimously to recommend approval of the Specific Use Permit as described in the Ordinance No. 3452. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Ordinance No. 3452 5. Alcohol Overlay Districts Map 6. Site Photographs City of Farmers Branch Page 1 Printed on 7/6/2017 m SIGMA RD. SIGMA RD. Y PD -64 TL LI IL a 0 o < af O m W El z Subject Site El m ALPHA RD. El RD. E:E: 77`�HA 4 PD -1 ;' �m it A W SIMONTON RD. > `' SIMONTON RD. z Various official and unofflcial sources were used to gather this Zoning District Boundary 17 SU 12 Location Map ��' ij �� vA information. Every effort was made to ensure the accuracy of this daft, , howeve,voguarantee is given or implied as to he accuracy of said data For pictorial reference only. Parcel Property Boundaries �-- ~ � City Limit 13612 Midway Road BRANCH BRANCH 0 275 550 - Feet Document Path: ZA\Zoninq Cases\2017 cases \17 -SU -12 13612 Midwav (wine club office) \GIS \Location Maq.mxd Date: 5/30/2017 = Parcel Property Boundaries ._ „_i City Limit 17 -SU -12 - Aerial Map 13612 Midway Road c� =4�: ±iliRS BRANCH Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data For pictorial reference only. 0 275 550 .0 TAV _4 All Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 6, 2017 SUBJECT: Ordinance 3452 — Specific Use Permit for Off - Premise Wine Sales at 13612 Midway Road, Suite 331 -1 Existing Conditions: The subject site is located on a 2.386 acre tract near the northwest corner of Midway Road and Alpha Road and is zoned Light Industrial (LI). The site is surrounded by existing commercial and office uses. (See Location and Aerial Map) The applicant is requesting a Specific Use Permit (SUP) for the off - premise sale of wine within a suite of an existing building located at 13612 Midway Road, Suite 331 -1. The applicant intends to operate a wine club office from the space. This zoning district allows the sale of off - premise beer and wine sales with the approval of a SUP. The building is part of the Midway /Alpha Center, which is comprised of ten buildings. (See Site Plan) Alcohol Overlay: In 2014, the City passed Ordinance 3283, which established the "Beer and Wine Sales Overlay Districts" to allow by right retail businesses within their boundaries to sell packaged and sealed beer and wine for off - premise consumption. The subject property, however, is not located in a Beer and Wine Overlay District. Properties located within Light Industrial (LI) zoning districts are eligible for beer and wine sales for off - premise consumption only after first obtaining a Specific Use Permit. (See Alcohol Overlay Districts Map) The Texas Alcohol and Beverage Commission (TABC) requires that the applicant obtain an "off- premise" permit, which requires prior City approval. The granting of the Specific Use Permit would satisfy the TABC requirement. Proposal /Operation: The applicant, Cordon Wines, is proposing to occupy Suite 331 -1, which is approximately 100 square feet, located on the third floor of the existing six -story office building. The space will only be used as an office to conduct the wine club business. No "drop in" traffic will occur, as clients typically sign up for the club features online. No retail sales will occur at the location either. The wine product is purchased from a distributor, repackaged, and delivered to the end customer by the applicant. The proposed hours of operation shall be limited to between 8:00 a.m. and 5:00 p.m. (See Floor Plan.) Staff recommends that the regulations set forth in the ordinance granting the SUP limit the proposed business operations in the manner described in the applicant. Site Design, Landscaping and Open Space: The applicant is not proposing any changes to the site or to the landscaping. No outside activity or outdoor storage is proposed for this use at this location. Parking: The existing office building at 13612 Midway is part of a complex of several similar buildings that share parking. The parking required for an office use is one space for every 300 square feet of gross leasing space (1:300). The applicant will be leasing approximately 100 square feet, requiring only one parking space. These spaces are already provided on the site with no need for additional parking to be provided. Signage: The applicant is not proposing any outdoor signage. Comprehensive Plan: The East Side Plan designated the area north of Alpha and east of Midway as the Creative Center. The "Creative Center" is considered the East Side's core, defined as a showcase of "making" and "innovating," with low intensity commercial uses, mixed residential uses, and complementary dining/ service/ entertainment uses. The proposed SUP request is consistent with the East Side Plan, which acts as the Comprehensive Plan in this area of Farmers Branch. Public Response: Twelve (12) notification letters were mailed to the surrounding landowners on May 31, 2017. One (1) zoning notification sign was also posted on the site on that day.. A public notice was placed in Dallas Morning News on June 19th. As of July 6th, 2017 no letters of opposition to this Specific Use Permit request have been received by the City. On June 12th, the Planning & Zoning Commission voted to recommend approval of this Detailed Site Plan as outlined in Ordinance No. 3452. The vote was unanimous. Possible Council Action: 1. I move to adopt Ordinance No. 3452 2. I move to adopt Ordinance No. 3452 with the following modification(s)... 3. I move to table the item or take no action. ORDINANCE NO. 3452 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, FARMERS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND BRANCH ZONING MAP OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR BEER AND WINE OFF - PREMISE SALES FOR A 100± SQUARE FOOT PORTION OF THE BUILDING LOCATED ON THE PROPERTY DESCRIBED IN EXHIBIT "A" HERETO (COMMONLY KNOWN AS 13612 MIDWAY ROAD), LOCATED IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; ADOPTING DEVELOPMENT REGULATIONS; PROVIDING A CONFLICT RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission of the City of Farmers Branch and the governing body of the City of Farmers Branch, in compliance with the laws of the State of Texas and the ordinances of the City of Farmers Branch, have given requisite notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the governing body, in the exercise of the legislative discretion, has concluded that the Comprehensive Zoning Ordinance and Zoning Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The Comprehensive Zoning Ordinance and zoning map of the City of Farmers Branch, Texas, be amended by granting a Specific Use Permit for Beer and Wine Sales for Off - Premise Consumption for the 100± square foot portion of the third floor of the building located on a portion of Block B of Metropolitan Business Park, Section One, an addition to the City of Farmers Branch as recorded in Volume 68194, Page 1210 of the Map Records of Dallas County, an Addition to the City of Farmers Branch, Texas, described in Exhibit "A ", attached hereto and incorporated herein by reference (commonly known as 13612 Midway Road)( "the Property "). SECTION 2. The development of the Property shall be subject to the use and development of the regulations set forth in the Comprehensive Zoning Ordinance, as amended, for the Light Industrial (LI) Zoning District, and, if developed and used for Beer and Wine Sales for Off - Premise Consumption, as authorized by Section 1, above ( "the SUP Use "), the SUP Use shall be limited to the 100 square foot area of the third floor of the building (commonly referred to as "Suite 333 -1 ") as shown on the Floor Plan attached hereto as Exhibit `B" and incorporated herein by reference; and subject to the following additional development regulations: A. Storage of inventory of beer and/or wine in Suite 333 -1 is prohibited; provided, however, nothing herein shall prohibit the keeping of beer or wine delivered to Suite 333 -1 for no more than 72 hours pending delivery to the retail customer; and B. Delivery of beer and wine to retail customers shall not occur on the Property. C. Beer and Wine Sales for Off - Premises Consumption shall be conducted physically from Suite 333 -1 between the hours of 8:00 a.m. and 5:00 p.m. Central Time on every day except Saturday and Sunday. Nothing in this Ordinance shall be construed as permitting Suite 333 -1 from being used for other permitted purposes outside of the foregoing times and days. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Farmers Branch and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Farmers Branch, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ON THIS THE 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM Peter G. Smith, City Attorney (kb1:7/2/17:87697) Ordinance No. 3452 Exhibit "A" — Description of the Property SITUATED in the State of Texas, County of Dallas and the City of Farmers Branch, being part of the Elisha Fike Survey, Abstract No. 478, being part of Block B of Metropolitan Business Park, Section One, an addition to the City of Farmers Branch as recorded in Volume 68194, Page 1210 of the Map Records of Dallas County, being the resurvey of a 12.8980 acre tract of land as described and recorded in Volume 92216, Page 4177 and Volume 92231, Page 0139, respectively, of the Deed Records of Dallas County, said premises being more particularly described as follows: COMMENCING at an "X" set in concrete marking the Southwest comer of said premises and also marking the intersection of the East right -of -way line of Midway Road (a variable width public right -of -way) with the North right -of -way line of Alpha Road (a variable width public right -of -way), said corner also being the Southwest of said Block B and the Southwest corner of a right -of -way dedication as filed in Volume 98185, Page 7848, Deed Records -of Dallas County, Texas; THENCE South 89 degrees 58 minutes 28 seconds East, along said right -of -way of Alpha Road a distance of 18.86 feet to a point for corner being on the common line with said right -of -way dedication and a right -of -way dedication as found in Volume 2001126, Page 415, of Deed Records of Dallas County, Texas; THENCE North 45 degrees 39 minutes 35 seconds West, departing said Alpha Road and along said common line of said right -of -way dedications, a distance of 16.22 feet to point for corner; THENCE North 00 degrees 10 minutes 40 seconds East, continuing along said common line, a distance of 14.26 feet to a point for corner being the POINT OF BEGINNING and the new right - of -way line of said Midway Road; THENCE North 00 degrees 10 minutes 40 seconds East, with the common line between the new right -of -way line of Midway Road per Volume 98185, Page 7848 and the new West line of Block B, a distance of 724.63 feet to a point for corner; THENCE North 00 degrees 21 minutes 05 seconds East, continuing along said common line a distance of 251.15 feet to a point for corner; THENCE North 00 degrees 51 minutes 30 seconds East, continuing along said common line a distance of 190.41 feet to a point for corner being the Southwesterly end of a corner clip at the intersection of said Midway Road with the South right -of- way line of Sigma Road (a 60 foot wide public right -of -way); THENCE with the most Northerly North line of said premises and the South right -of -way line of Sigma Road as follows: North 45 degrees 38 minutes 14 seconds East, 21.30 feet to a point for comer marking the end of said right -of -way dedication filed on Volume 98185, Page 7848; South 89 degrees 34 minutes 32 seconds East, 129.28 feet to a 1/2 -inch iron rod found marking the beginning of a curve to the left; Northeasterly along said curve having a central angle of 45 degrees 00 minutes 00 seconds with a radius of 271.42 feet, for an arc distance of 213.17 feet (chord bearing and distance North 57 degrees 55 minutes 28 seconds East, 207. 7 4 feet) to a point for comer marking the end of said curve; North 45 degrees 25 minutes 28 seconds East, 46.67 feet to a 5/8 inch iron rod set with cap stamped "BGT" marking the most Northerly Northeast comer of the premises; THENCE with an East line of said premises, South 00 degrees 23 minutes 40 seconds West, 491.44 feet to a "X" found on a concrete curb, and South 00 degrees 27 minutes 00 seconds West, 399.86 feet to a 1/2 -inch iron rod found for comer; THENCE with a North line of said premises, South 89 degrees 35 minutes 33 seconds East, 240.41 feet to a 1/2 -inch iron rod found for comer in the West right -of -way line of Gamma Road (a 60 foot wide public right -of -way) and in the East line of Block B, said comer being the most Easterly Northeast comer of said Premises; THENCE with the West right -of -way line of Gamma Road, the East line of Block B and the most Easterly line of said premises, South 00 degrees 26 minutes 32 seconds West, 423.79 feet to a "T" bar found marking the Southeast corner of Block B and said premises, said corner also marking the intersection of the West right -of -way line of Gamma Road with the said North right - of -way line of Alpha Road; THENCE with a South line of Block B and said premises, and the North right -of -way line of Alpha Road, North 89 degrees 58 minutes 28 seconds West, 389.64 feet to a point for corner marking the beginning of said right -of -way dedication filed in Volume 2001126, Page 415; THENCE North 83 degrees 21 minutes O 1 second West, along the common line of said Premises and said right -of -way dedication, a distance of 91.30 feet to a point for corner; THENCE North 89 degrees 44 minutes 51 seconds West, continuing along said line, a distance of 112.23 feet to a point for corner, being the beginning of a curve to the right have a radius of 14.76 feet, a chord bearing and distance of North 45 degrees 39 minutes 51 seconds West20.89 feet; THENCE continuing along said curve through a central angle of 90 degrees 06 minutes 18 seconds, an arc distance of 23.21 feet to the POINT OF BEGINNING and containing 553,413 square feet or 12.7046 acres of land, more or less. r Ordinance No. 3452 Exhibit "B" — Floor Plan 13612 Midway Road Third Floor 333-4 333-5 333-6 333.8 333 -7 333.3 350 333 -2 333 -1 333.8 J w.m.. 333-10 333 -1 333A 333 -13' 333 -15 333 -1A ,i A Ordinance No. 3452 Exhibit "B" — Floor Plan (cont.) Suite 333 -1 RSF: 140 / FASr 13612 MkWay Ln, Dallas 13612 Wway Plans Drawn by 4- OUT U R E SJ Texas 75244 Date November 10 Suite # 333 -1 Scale 308 " = 1'-0" Coppell PC 78 Irving Zone 5 Carrollton 1 / BELT LINE RD. J _ I Po-n Zone 1 RG FYKE RD o-n - - -- Z LR 3�D�R¶Ty �� R-0 •�: R6 J f W ! >' HrtWkLWHl1V1mLiHt�, • MF 3 I-RU /,.' L D ®��1IllILLLLIJ� R a i (P:D Mf 3 VALWOOD PKWY IR p _ R-2 4 22 R 6 PD -22 I RU MF 2 ' ss PD 9c R- D f1] D.3 35 R6 ( RE 18 R.D.Ii PD zz PD -22 PC 70 Z O i SW PC 70 OL11II IIII— U Z_ PD -22 Z PD-77 J PD, W � N p PD n Y t PD 71 ,C77 1.17 — PD -60 PD -88 PD -66 PC" - L— -- PD 00 PDaO PP]0 2 PD6s \PD.gj�l- WAY. \`� eD aa� ✓PDy6o / //� PD Ss PD -ss ROYAL LN. PD -25 PD 97 PD-97 PD 9] PD -sa � �! Zone 9 RU PD -z2 PD 6e PD 96 PD 22 Legend Alcohol Sales Overlay Districts Allowed By Right PD -27 -Alcohol Sales Allowed with SUP PD -24 -Alcohol Sales Allowed with SUP PD -25 - Alcohol Sales Allowed with SUP Light Industrial Areas - Alcohol Sales Allowed with SUP PD6 ' I R -6 Ill 2 \ /� � Rµ}P}♦i � R6 r Tr�]LLLlllll LLL D 7 � 0 � wz W Rfi d Q M R-0 R6 R6.nv- U \�' O Re FP W FPII,ILI� mm��(pj�Jy R -d 1` 6 R1 Lu -r la -, VALLEY VIEW LN y L1,/11LI- I D , _ PD Fa . ... —. . —.... _._... • IR t PD 06 - 6 R6 1 1 R R 2 -a PO i9 R 2 I al LIJJJ1Jlu PDA R-0 R_> ��Tll P�6 R3 R6 Rd I r_ PC d R_2 i ��T= P0.-/9 R Rd R6 -70 FARME S BRANCH L - / t R.6 R -d P030 I / PD36 R9 R6 P d2 / R4 ( R.a F, 2 Po69 PD tB I Po -,6 / K I RO -.- _ PD-91 Lrex.. 8 iE \N PII F � O, ' T PD 91 PD -91 Zo' LF F 2 D I i { R2 Zone PC 16 - ,Zone 2 onell Dallas R -2 PD -20 Addison LI SPRING VALLEY tD. P9 -20 PD 6d BELT LINE RD. l �u ll LI V cEWEN RD PD PD PD -20 PC I'D L.. R -z u. C 71 40 c M 2 R3 \ I i Zone 6 LI PD B] j LIV PD 2] PD-6 3 / a PL F u PD>s PD_; rS>Z J- i 'C' \ \ I PQ96 Y� =I � D:I I PD 56. J U .-0 6 W 9 u Li d J p PD 55 J 7 - ALPHA RD. LI V cEWEN RD PD PD PD -20 PC I'D L.. R -z u. C 71 40 c M 2 R3 \ I i Zone 6 LI PD B] j Dag I PC s4 PD 3a / a PL F Dallas Dallas I Zone 7 This information presents an overview of all zoning districts in Farmers Branch. The material presented possesses no legal status. Adopted ordinances and /or City staff should be consulted for specific definition or development controls. Alcohol Sales Overlay Districts N 3,100 1,550 0 3,100 Feet FARMERS BRANCH Date: 9/29/2014 Site Photographs Site Photographs 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: 17 -534 Agenda Date: 7/11/2017 Version: 1 Status: Regular Agenda In Control: City Council Agenda Number: K.1 File Type: Appointment Consider annual Board and Commission appointments; and take appropriate action. BACKGROUND: City Council conducts annual Board and Commission appointments to fill term vacancies. The City advertised throughout the community and held a Board and Commissions Recruitment event on May 9, 2017 at City Hall. The City invited board applicants to attend a Special Called City Council meeting to interview interested candidates on May 22, 2017. All applicants have completed and passed requirements to serve on a Board and Commission. DISCUSSION: The Library Board, Planning and Zoning Commission, Zoning Board of Adjustment and Building Code Board of Appeals, Parks and Recreation Board, Historical Preservation and Restoration Board, Senior Advisory Board, Community Watch Committee, Animal Shelter Advisory Committee, Municipal Drainage Board, and TIRZ Boards each have vacancies occurring this June 2017. City Council has interviewed, reviewed applications and created a slate list of candidates for each board. RECOMMENDATION: City Administration recommends City Council appoint members to fill Board and Commission vacancies. ACTIONS: 1) Motion to adopt the attached slate list. 2) Motion to amend the slate list and approve, as amended. 3) Motion to seek more applicants. ATTACHMENTS: 1. 2017 B &C Slate Preference List City of Farmers Branch Page 1 Printed on 71612017 2017 SLATE LIST BOARDS & COMMISSIONS ANIMAL SHELTER ADVISORY COMMITTEE Note: Considering the addition of 1 member. COMMUNITY WATCH COMMITTEE Place Top Candidates: Term Expires 2 Robert Dye (Mayor) 6/30/2019 5 Becky Fisher - Reappoint 6/30/2019 7 Lib Grimmett- Reappoint 6/30/2019 New i Catherine McManus 6/30/2019 Note: Considering the addition of 1 member. COMMUNITY WATCH COMMITTEE FARMERS BRANCH LOCAL GOVERNMENT CORPORATION Place Top Candidates: Term Expires 1 Richard Russell 6/30/2019 4 Charles Barton- Reappoint 6/30/2019 5 1 Wanda Barker 6/30/2018 FARMERS BRANCH LOCAL GOVERNMENT CORPORATION HISTORICAL PRESERVATION & RESTORATION BOARD Place Top Candidates: Term Expires 1 Robert Dye 6/30/2019 2 Bronson Blackson 6/30/2019 3 John Land 6/30/2019 4 Steve Parker 6/30/2019 5 jParn DeHon 1 6/30/2019 HISTORICAL PRESERVATION & RESTORATION BOARD Place Top Candidates: Term Expires 1 Lisa Neumeyer 6/30/2019 2 jBill Stolp 6/30/2019 7 Bitsy Laney- Reappoint 6/30/2019 9 Tamara Cleghorn 6/30/2018 10 Gail Cope 6/30/2019 11 KayLynn Lyon- Reappoint 6/30/2019 2017 SLATE LIST BOARDS & COMMISSIONS i ► G ► i �7 ► 1� MUNICIPAL DRAINAGE SYSTEM ADVISORY COMMITTEE Place Top Candidates: Term Expires 1 Natasha Moser 6/30/2019 2 Jennifer Bauer 6/30/2019 6 Whitney Thomas 6/30/2019 7 Weber Baker 6/30/2019 9 Jessica Rodriguez 6/30/2019 11 1 Rick Lyon - Reappoint 6/30/2019 MUNICIPAL DRAINAGE SYSTEM ADVISORY COMMITTEE Note: Considering the addition of 1 Resident member and an alternate. PARKS & RECREATION BOARD Place Top Candidates: Term Expires 1 Amy Rogers (Resident) 6/30/2019 2 Mike Sheaffer (Business)- Reappoint 6/30/2021 4 Berry Grubbs (Development)- Reappoint 6/30/2021 5 John Norwood (Council) 6/30/2021 New Todd Womble (Resident) 6/30/2021 New James Dan Heard (Resident/Alternate) 1 6/30/2019 Note: Considering the addition of 1 Resident member and an alternate. PARKS & RECREATION BOARD PLANNING AND ZONING COMMISSION Place Top Candidates: Term Expires 1 M. Jared Sullivan 6/30/2020 2 Marc Traynor 6/30/2019 4 Jan Wooldridge- Reappoint 6/30/2019 6 Christine Dimon 6/30/2019 8 Pat Thompson- Reappoint 6/30/2019 10 Barbara Leedy- Reappoint 1 6/30/2019 PLANNING AND ZONING COMMISSION Place Top Candidates: Term Expires 1 M. Jared Sullivan 6/30/2020 4 Linda Bertl 6/30/2020 8 Giovanni Zavala 6/30/2020 9 Sergio De Los Santos - Reappoint 6/30/2020 2017 SLATE LIST BOARDS & COMMISSIONS SENIOR ADVISORY BOARD Note: Two regular members & alternate still vacant (Place 9 & 14). SUSTAINABILITY COMMITTEE Place Top Candidates: Term Expires 2 Ruth Fuls 6/30/2019 3 Sharon Aston 6/30/2019 4 Phillip Joe Wallen- Reappoint 6/30/2019 11 James Tom Wooldridge- Reappoint 6/30/2019 Note: Two regular members & alternate still vacant (Place 9 & 14). SUSTAINABILITY COMMITTEE TAX INCREMENT FINANCING I & II Place Top Candidate: Term Expires 1 Vanessa Serrano 6/30/2019 8 Amy Rogers 6/30/2018 TAX INCREMENT FINANCING I & II ZONING BOARD OF ADJUSTMENTS & BUILDING CODE BOARD OF ADJUSTMENTS Place Top Candidates: Term Expires 1 John Norwood 6/30/2019 2 Hugh Pender 6/30/2019 3 Terry Lynne 6/30/2019 4 Steve Parker 6/30/2019 5 Mike Bomgardner 6/30/2019 6 Joe Dingman 6/30/2019 7 Charles Cox 6/30/2019 ZONING BOARD OF ADJUSTMENTS & BUILDING CODE BOARD OF ADJUSTMENTS NORTH DALLAS WATER SUPPLY CORPORATION Place Top Candidates: Term Expires 6 Sherrelle Evans -Jones 1/1/2019 Place Top Candidates: Term Expires 5 Michael Rogan - Reappoint 6/30/2019 2 John Tarleton - Reappoint 6/30/2019 6 1 Robin Bernier (Alternate) - Reappoint 6/30/2019 NORTH DALLAS WATER SUPPLY CORPORATION Place Top Candidates: Term Expires 6 Sherrelle Evans -Jones 1/1/2019 400 ;� City of Farmers Branch Farmers Branch City Hall _Ig o\ = 13000 Wm Dodson Pkwy i Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -076 Agenda Date: 7/11/2017 Version: 1 Status: Regular Agenda In Control: City Council File Type: Resolution Agenda Number: K.2 Consider approving Resolution No. 2017 -076 authorizing a unit price contract with Reynolds Asphalt and Construction Company for the Recycling and Resurfacing of Asphalt Streets Project through a Cooperative Purchasing Interlocal Agreement with the City of Grand Prairie; and take appropriate action. BACKGROUND: The Public Works Department is requesting to enter into a unit price contract with Reynolds Asphalt and Construction Company using a Cooperative Purchasing Interlocal Agreement with the City of Grand Prairie. The unit price contract would encompass the recycling of full depth asphalt streets along with overlay of resurfaced streets. Reynolds Asphalt and Construction Company is under contract for providing this service to the City of Grand Prairie and they also have provided this service to the City in the past. The streets placed on the Recycle list were initially approved and funded by the 2014 -2015 Capital Improvement Project Street Improvement Bond Fund. Funding of $500,000 is planned for the remaining portion of FY 2016 -17. This item is consistent with the City's Core Value of providing functional, sustainable, and well maintained infrastructure, facilities and equipment. DISCUSSION: The Recycled in Place Project will include: Mapledale - full length Cloverdale - from Templeton Trail to Amsterdam Road The Resurfacing Project will include: Alpha Road - from Midway Road to Inwood Road City Administration will notify residents along these roadways and hold public meetings as necessary to outline the scope and schedule before each segment of this project begins. RECOMMENDATION: City Administration recommends approving Resolution No. 2017 -076 authorizing a unit price contract with Reynolds Asphalt and Construction Company for the Recycling in Place and City of Farmers Branch Page 1 Printed on 71612017 File Number: R2017 -076 Resurfacing Street Improvement Project through a Cooperative Purchasing Interlocal Agreement with the City of Grand Prairie. This contract will include an option for 4- additional 1 year renewals if approved funds are available within the Public Works Operating Budget. POSSIBLE COUNCIL ACTION: 1. I move to approve Resolution No. 2017 -076 authorizing a unit price contract with Reynolds Asphalt and Construction Company for the Recycling in Place and Resurfacing Street Improvement Project through a Cooperative Purchasing Interlocal Agreement with the City of Grand Prairie to include an option for 4- additional 1 year renewals if approved funds. 2. I move to approve Resolution No. 2017 -076 authorizing a unit price contract with Reynolds Asphalt and Construction Company for the Recycling in Place and Resurfacing Street Improvement Project through a Cooperative Purchasing Interlocal Agreement with the City of Grand Prairie to include an option for 4- additional 1 year renewals if approved funds, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Location Map 2. Resolution No. 2017 -076 3. Cooperative Purchasing Interlocal Agreement City of Farmers Branch Page 2 Printed on 71612017 bl ' r N_ ^1"c')F. i�4W d 1. �•'Cl I��' c.A6n�rf y r^"..., , krJ Y r o&PESls Vii' ♦rr1 ®Ra�)� �� "gyp' �d�'Rr te'.�� Jc •mss �� row, MAN a y Ud� rm' �w ` 1 L tw e " r- #., to t;A r ��0 1 rte® ,.ali� 77 1 M � W ovovv ai �H$ i +.tea ra l - j aR � ��''�'' E R7?07 �_��II z4:il Cloverdale Wk Recycle -In- Place,. 1777 °tea et elm l#P 1 s. sas `fir VA - '" ®89 ca -r wl."A@' - � �- e.r� n � ���, +Btis�w���1C�� ®�LgS"iM g ®sZW'�fLLL�A �•.90� ®pa�WS�C r Alpha s�►® �t ��stacre L13 � r klLL4LyLLS9L1121 � aa�tgL �� Resurfacing S4 �� E SWO IVs R@E9LLLa95 �� �# �J,<��® " P 9SLlflFS 9'9Ce g �'R�N9m 484 ['� ira, -1 ®ir ���,8�' "AfR yqy # �IV�e,[eeFe9e Nlli #g,+'?# 9F. WW893AF WWWgF i"' y� 1a�� �% Iffiwg399 $ sages ri`0`�8�g'�i � i�l � illy apedae p Recycle -In -Place i�;k V {tom 04 V "r LOCATION MAP A FARMERS NORTH BRANCH Date: 6/9/2017 Document Path: G:\OB -CAD & GIS \GIS \Arcmap Projects \Location Maps \Location Map Metro SE.mxd F4�k _� RESOLUTION NO. 2017-076 AT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, AWARDING A UNIT PRICE BRANCH CONTRACT WITH REYNOLDS ASPHALT AND CONSTRUCTION COMPANY FOR THE RECYCLE AND RESURFACING IN PLACE PROJECT THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GRAND PRAIRIE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Administration has determine that a cost efficient manner to rehabilitate and resurface certain streets is to remove, recycle, and resurface asphalt in place ( "the Asphalt Recycle and Resurface Project 2017" or "the Project "); and WHEREAS, having reviewed various purchasing options, City Administration recommends that a unit price contract be entered with Reynolds Asphalt and Construction Company to perform the Project pursuant to a Cooperative Purchasing Agreement with the City Grand Prairie; and WHEREAS, the City Council of the City of Farmers Branch, Texas finds it to be in the public interest to approve the recommendation of the City Administration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. The City Manager is hereby authorized to sign, on behalf of the City, a unit price contract with Reynolds Asphalt and Construction Company ( "Reynolds ") through the City's cooperative purchase agreement with the City of Grand Prairie for construction of the Project using approved funds from the 2014 Street Bond Project, as well as such change orders to said contract as the City Manager deems reasonable, necessary, and in the public interest which are in compliance with applicable law and City policy. The contract shall be for an initial one year period and an option for up to four (4) additional one -year periods providing the City of Grand Prairie exercises the renewal options in its agreement with Reynolds. The City Manager is further authorized to exercise the optional term extensions if he deems it in the public interest and subject to availability of current funds to pay for same. SECTION 2. This resolution shall be effective immediately upon final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11th DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kbt:6/27/17:87289) MASTER INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF GRAND PRAIRIE AND THE CITY OF FARMERS BRANCH WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, and Chapter 271.102 of the Texas Local Government Code authorize all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, The City of Grand Prairie and the City of Farmers Branch desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, The City of Grand Prairie and the City of Farmers Branch represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies, and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized; and WHEREAS, each party has sufficient resources to perform the functions contemplated by this Agreement; NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. The City of Grand Prairie and the City of Farmers Branch are authorized to participate in each other's current and/or future contracts for goods and services. Said contracts shall have been established in accordance with all appropriate procedures governing competitive bids and competitive proposals, if required. 2. The City of Grand Prairie and the City of Farmers Branch agree that the ordering of goods and services is the responsibility of the local government seeking to obtain such goods and services under the established contract, and that participating government shall deal directly with the vendor in obtaining the goods and services and payment therefore. The participating government shall be liable to the vendor only for goods and services ordered and received by it, and shall not, by the execution of this Agreement, assume any additional liability. Neither the Cooperative Purchasing Agreement — City of Farmers Branch and the City of Grand Prairie - 1 - City of Grand Prairie nor the City of Farmers Branch warrant, or is responsible for, the quality or delivery of goods or services from the vendor under contract. Should a dispute arise between a participating government and a vendor, the same shall be handled by and between that participating government and the vendor. 3. Each government shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective government. 4. Participation of either government in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either governments from purchasing and /or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 5. Each government shall ensure that all applicable laws and ordinances have been satisfied. 6. Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect indefinitely. Any party may modify or terminate this Agreement as provided in Paragraph(s) 7 or 8. 7. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 8. Termination. This Agreement may be terminated at any time by the City of Grand Prairie or the City of Farmers Branch, with or without cause, upon thirty (30) days written notice to the other parry in accordance with Paragraph 11 herein. 9. Hold Harmless. To the extent allowed by law, the City of Grand Prairie and the City of Farmers Branch agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 10. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent Cooperative Purchasing Agreement — City of Farmers Branch and the City of Grand Prairie - 2 - jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person, sent by email, by fax with successful send confirmation, or by certified mail to the last business address as listed herein. City of Grand Prairie: Purchasing Division Attn: Purchasing Manager City of Grand Prairie 318 W. Main St. Grand Prairie, TX 75050 972/237 -8269 ph — 972/237 -8265 fax purchasing fax(&gptx.org City of Farmers Branch: Office of the Purchasing Agent Attn: Lee Hammock, C.P.M. City of Farmers Branch 13000 William Dodson Pkwy. Farmers Branch, TX 75234 972/919 -2554 ph — 972/919 -2689 fax lee. hammock(& farmersbranchtx. gov 12. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 13. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 14. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 15. Place of Performance. Performance and all matters related thereto shall be in the County of the government originating the bid. This shall be Dallas County, Texas, United States of America for the City of Farmers Cooperative Purchasing Agreement — City of Farmers Branch and the City of Grand Prairie -3 - Branch and shall be Dallas County, Texas, United States of America for the City of Grand Prairie. 16. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each parry has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective Government. 17. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either parry thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. Agreement Read. The parties acknowledge that they understand and intend to be bound by the terms and conditions of this Agreement. 19. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical copies, each of which shall be deemed an original for all purposes. CITY OF GRAND PRAIRIE CITY OF FARMS S BRANCH BY: BY: Tom Cc x, Deputy City Manager Gaq D. Greer, City Manager DATE: a0/ M e ATTES : iMag io, City Secret APPROVED AS TO FORM- onald I Postell, City- orney DATE: 2 / 46 / ATTEST; Angie Kifly, City APPROVED AS TO FORM: Peter G. Smif5, City Vorney Cooperative Purchasing Agreement — City of Farmers Branch and the City of Grand Prairie - 4 - QiN � City of Farmers Branch Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -080 Agenda Date: 7/11/2017 Version: 1 Status: Regular Agenda In Control: City Council Agenda Number: K.3 File Type: Resolution Consider approving Resolution No. 2017 -080 for a Detailed Site Plan for a townhome development at 13145 Hutton Drive; and take appropriate action. BACKGROUND: This 2.422 -acre property is located within Planned Development District No. 88 (PD -88), the Townhome Subdistrict. Earlier this year, the City approved a rezoning of this property and created the Townhome Subdistrict. DISCUSSION: The applicant is proposing to develop a townhome community with 32 townhome units, grouped in 4 buildings that will be 4 stories in height. RECOMMENDATION: On June 26th, the Planning and Zoning Commission voted unanimously to recommend approval of the Detailed Site Plan as presented in Resolution No. 2017 -080. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Resolution No. 2017 -080 5. Rendering 6. Site Photographs City of Farmers Branch Page 1 Printed on 7/6/2017 U Q J Z Z � W U J Z U O p z Q J PD - 88 � AI VALLEY Q VI D -77 d N LL d �N v \EW �� CO PLLE� s .. ..M.. ................. z Q O v = CO Z 0 a i d d 0 0 ACADEMY LN. .......... D q z 0 P 77 z P 7 qR w d P P WITTINGTON PLACE J = VALLEY BRAN p U>f " r" d d LI II ry d P -88 Various official and unofficial sources were used to gather this ' Zoning District Boundary — — — 17 SP 06 Location Map 1r \� ��' , i information.Every effortwas this daft, accuracy of said data of made to ensuretheaccuracy of to he guarantee only. For pictorial reference only. v� Parcel Property Boundaries �-- ~ � City Limit 13145 Hutton Dr FAIL�SCH BRANCH 0 365 730 - 1. —.. —p Feet Document Path: ZA\Zoninq Cases\2017 cases \17 -SP -06 13145 Hutton (P- Custom Homes) \GIS \Location Map.mxd Date: 5/30/2017 = Parcel Property Boundaries City Limit 17 -SP -06 - Aerial Map 13145 Hutton Drive wl �� a� -,LRS BRANCH Various official and unofflcial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data For pictorial reference only. 0 375 750 C-1 FARMERS BRANCH Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 6, 2017 SUBJECT: Resolution 2017- 080 — Detailed Site Plan for a townhome community located at 13145 Hutton Drive Summary Site design: 32 townhome units in four buildings, all three - bedroom units, all three stories in height with roof decks Masonry: Minimum 75% masonry Parking: Two -car garages for each unit, additional space for 2 parking spaces / unit, 18 on -site visitors' parking spaces Landscaping: Approximately 40% of the site, 65 new trees Existing Conditions This 2.422 -acre site is located on the West Side of the City, on Hutton Drive, approximately 450 feet south of Valley View Lane and approximately 650 feet west of Senlac Drive. The property is located within Planned Development District No. 88 (PD -88). Earlier this year, the City approved the rezoning of this property into "Residential Townhome" Subdistrict. (See Location Map) The site is bordered to the north, east and south by commercial and light industrial uses. To the east is vacant land, the future site of Jesus House Church that was recently approved by the city. To the west is another vacant property, the former GNB site. (See Aerial Map) Other recently approved residential communities on the West Side are located within close proximity to this site. The new Brickyard multifamily community is located 1,000 feet to the south from this proposed townhome site. Site Plan The applicant, P- Custom Homes, is proposing to develop an owner - occupied residential community containing 32 townhomes. The townhomes will be grouped into 4 buildings: Building I and II facing Hutton Drive and Building III and IV facing an interior, private driveway. (See Site Plan) All of the proposed townhomes will have three bedrooms, will be three stories in height and will have a partially enclosed roof deck on the fourth story. The buildings will be 46 feet in height. The units will average between 2,966 square feet for Type "A" units and 3,326 square feet for Type `B" units. The floor plans will contain the garage and a bedroom on the first level, the living area on the second level, two bedrooms at the third level and the partially enclosed roof deck on the forth level. (See Site Plan) Every townhome will have an individual entrance and a 2 -car garage accessible from the interior driveway. Building I and II facing Hutton Dr. will contain rear loaded garages and Building III and IV will contain front loaded garages. The total of the four buildings proposed is approximately 100,672 square feet. The overall building coverage is divided into four buildings of townhome units as follows: • Both buildings I & II along Hutton are comprised of eight Type "A" units each, and are approximately 23,728 square feet each. • Both buildings III & IV along the interior driveway are comprised of eight Type "B" units each, and are approximately 26,608 square feet each. (See Site Plan) The Site Plan proposes approximately 49% building coverage. Type "A" units within Building I and II will be setback 24.6 feet from the front property line. All Type "A" units will have front yards. The applicant will install a 6 -foot wide sidewalk along the curb and a landscape strip with large trees along the sidewalk. The existing power poles along Hutton Drive will be removed and the power lines will be placed underground. Type `B" units within Building III and IV will be setback 24 feet from the rear property line. All Type "B" units will have landscaped rear yards. The Site Plan contains an amenity area with a community pool and adequate spaces for equipment (14,450 square feet) at the rear portion of the site, between Building III and IV. (See Site Plan) The applicant plans to sell the townhomes for approximately $300,000 to $400,000. Parking All buildings will have garages with access from an interior driveway that connects from Hutton Drive to two access points. Three visitor parking lots containing a total of 18 parking spaces are proposed along the interior drive. Every townhome will have an individual entrance and a 2 -car garage with rear or front access. Buildings III and IV will be setback 20 feet from the front property line to allow for 2 additional tandem parking spaces in front of each unit. The overall parking ratio proposed for this site is 3.5 parking spaces /townhome unit. (See Site Plan) Elevations All elevations will be a combination of natural stone veneer, brick, stucco and HardiePlank®. All fagades will be at least 75% masonry product, a combination of brick and natural stone veneer. The main fagades will have large fenestration areas, with approximately 40% openings for the first floors and minimum 40% for the upper floors. (See Elevations) The applicant is proposing a modern architectural style, with large openings, clean surfaces and continuous lines to add a specific rhythm to the fagades. The choice of finish materials was imposed by the theme of the modern style the architectural team is aiming to accomplish. (See Renderings) Landscape and Open Spaces Approximately 40% of the site is proposed to be landscaped open space. A 10 foot wide Texas Power and Light easement crosses the property along Hutton Drive and a 50 foot Lone Star Gas easement crosses to the north side of the property. Both of these areas will be used as landscaped open spaces as permitted by the utility companies. The Plan proposes an amenity center with a pool and a dog park as community open spaces. Street trees will be installed for each 30 linear feet of street frontage, each townhome unit is proposed to have at least two trees and dense shrubbery to separate the private yards. Currently there are 3 mature trees on site and a dense line of shrubs and trees along the western property line. The applicant is proposing to install at least 65 new trees to compensate for the removal of the existing trees and shrubbery. All large trees will be distributed along Hutton Drive and the western property line and all ornamental trees will be distributed along the interior driveway. A dense vegetation privacy wall will be installed along the northern and southern property lines. (See Landscape Plan) Signage No signage is proposed with this Detailed Site Plan application. Conclusion The townhome community proposed with this Detailed Site Plan is consistent with Planned Development No. 88 (PD -88) and the associated Conceptual Site Plan described in Ordinance No. 3433. On June 26`", the Planning & Zoning Commission voted unanimously to recommend approval of this Detailed Site Plan as outlined in Resolution No. 2017 -080. Possible Council Action: 1. I move to adopt Resolution No. 2017- 080 2. I move to adopt Resolution No. 2017- 080 with the following modification(s)... 3. I move to table the item or take no action. �0` -.7 RESOLUTION NO. 2017-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, APPROVING A DETAILED SITE BRANCH PLAN, INCLUSIVE OF LANDSCAPE PLAN, AND BUILDING ELEVATIONS, FOR A 2.42E ACRE TRACT OUT OF LOT 19 BLOCK 4, VALLEY VIEW COMMERCE PARK, DESCRIBED IN EXHIBIT "A" HERETO, LOCATED IN PLANNED DEVELOPMENT NO. 88 (PD -88); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application has been made for approval of detailed site plan for a 2.42± acre tract out of Lot 1, Block 4, Valley View Commerce Park, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ( "the Property "), which is located in Planned Development No. 88 (PD -88); and WHEREAS, having received the recommendation of the Planning and Zoning Commission that the detailed site plan and associated drawings, including, but not limited to, landscape plan, and building elevations, should be approved as requested, the City Council of the City of Farmers Branch, in the exercise of the legislative discretion, has concluded that the requested site plan for the Property should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. The Property shall be developed substantially in accordance with the following exhibits, all of which are attached hereto and incorporated herein by reference: A. Detailed Site Plan as shown in Exhibit "B;" B. Landscape Plan as shown in Exhibit "C;" and C. Building Elevations as shown in Exhibit "D;" and SECTION 2. This resolution shall become effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/2/17:87698) Resolution No. 2017 -080 Exhibit "A" — Description of Property BEING a part of Lot 1, Block 4, of Valley View Commerce Park, an Addition in the City of Farmers Branch, Dallas County, Texas, a tract of land described in deed to North Dallas Bible Chapel, Inc., as recorded in Instrument File No. 201400039065, of the Official Public Records of Dallas County, Texas, as shown on survey and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod for corner on the West right of way line of Hutton Drive, being on the East line of said Lot 1, the Northeast corner of a tract of land described in deed to Cal Property Management Co., as recorded in Instrument File No. 200900203938, of the Official Public Records of Dallas County, Texas, and being the Southeast corner of said North Dallas Bible Chapel tract; THENCE South 89 degrees 38 minutes 39 seconds West, along said Cal Property Management tract, a distance of 194.01 feet to a set 1/2 inch iron rod for corner on the East line of a tract of land described in deed to Art GNB Inc., as recorded in Instrument File No. 20070248392, of the Official Public Records of Dallas County, Texas; THENCE North 00 degrees 16 minutes 32 seconds West, along said Art GNB tract, a distance of 545.31 feet to a set 1/2 inch yellow- capped iron rod for corner, being the Southwest corner of a tract of land described in deed to Koko Katanjian, as recorded in Volume 2001146, Page 3584, of the Deed Records of Dallas County, Texas; THENCE North 89 degrees 38 minutes 39 East, along said Katanjian tract, a distance of 192.96 feet to a set 1/2 inch yellow- capped iron rod for corner on the said West right of way line of Hutton Drive; THENCE South 00 degrees 23 minutes 07 seconds East (directional control), a distance of 545.31 feet to the PLACE OF BEGINNING and containing 105,510 square feet or 2.42 acres of land. Resolution No. 2017 -080 Exhibit "B" — Detailed Site Plan P.`,Paokm xnxo.. nm� ro.ncw.n�o�n.u,x. \seoo. :� au a_ of sr<a ni.i of MAap . PloaaE on: xny 26. 2alY 9:A0aa 0 8 8 N ui s a "a V I I Villas on Hutton g5 § a rr^^ VJ z i W = 'Luxury Roof Top Residences" i : F� i - - � N H P , m g 13145 Hutton Drive Farmers Branch, Texas 75234 �� a N § I ' CD I I Site Plan °�° Resolution No. 2017-080 Exhibit "C" — Landscape Plan mw -4 xK qg qq A In IF it GI Sr i1 12. W 62 4F O -4 xK qg qq A In IF it GI Sr i1 12. W 62 O -4 xK qg qq A In IF it GI Sr i1 12. W 62 Resolution No. 2017-080 Exhibit I'D" — Elevations 30 > > U3 z fa M 7 i La C ii 1 kA y z ma 38 m > Villas on Hutton g ! 2 � t!�! t !- -t > 1Jiijij , , 'Luxury Root Top Residences' 2 ; U CA) 13145 Hutton Drive LL > Farmers Branch, Texas 75234 Exterior Elevations - Buildings I & 11 INS ■M MIN MEN • 11111101111 i La C ii 1 kA y z ma 38 m > Villas on Hutton g ! 2 � t!�! t !- -t > 1Jiijij , , 'Luxury Root Top Residences' 2 ; U CA) 13145 Hutton Drive LL > Farmers Branch, Texas 75234 Exterior Elevations - Buildings I & 11 Resolution No. 2017 -080 Exhibit "D" — Elevations (cont.) c�r.ok «. - xmio�� mo•« m.ru���w„,,n.,.n�g. \pu«.r: -.� a -, -m -m en«.cc aax m -ne a.a . m.�i�a o,�. n.,, ia. zmv - a,<ap„� n w 6 o� C w 1 hm ND 0 y�kk� Lfr YA s#; nl '111, F 10 r, U3 6 V ZCS y N -r nr 0 z Villas on Hutton N 'Luxury Roof Top Residences' 13145 Hutton Drive Farmers Branch, Texas 75234 Exterior Elevations - Buildings III & IV r� �a U3 6 _ V1 ! - - - - - -- Z U m ,i I l Tm A' m Cf) CD §'sc558.0 P$v Vin. i8 vN ❑ i 1 ❑ ❑ ! � ! m 3� �ij�i3 A 88� C fi r� �a U3 6 _ V1 ! - - - - - -- Z U m ,i I l Tm A' m Cf) CD §'sc558.0 P$v Vin. i8 vN ❑ i 1 ❑ ❑ ❑ C fi 6 g� � m r a k C is :0 a O z r� �a U3 6 _ V1 ! - - - - - -- Z U m ,i I l Tm A' m Cf) CD §'sc558.0 P$v Vin. i8 vN Site Photographs QiN � City of Farmers Branch Farmers Branch City Hall 13000 Wm Dodson Pkwy Farmers Branch, Texas 75234 FARMERS Staff Report BRANCH File Number: R2017 -081 Agenda Date: 7/11/2017 Version: 1 Status: Regular Agenda In Control: City Council Agenda Number: K.4 File Type: Resolution Consider approving Resolution No. 2017 -081 for a Detailed Site Plan for a 30.44 acre tract located west of Luna Road and north of Wittington Place; and take appropriate action. BACKGROUND: The site is located within Planned Development No. 99 (PD -99). This zoning district establishes a new master planned community containing 267 acres extending from Mercer Crossing Lake to the levee west of Mercer Parkway. Within this new community the developer, CADG Mercer crossing LLC, proposes to create six (6) new single family residential neighborhoods. This proposed Detailed Site Plan is one of these new residential neighborhoods. nl¢ri iccinnl- This neighborhood, to be known as "Windermere ", contains 30.44 acres and proposes to create 215 single family lots. RECOMMENDATION: On June 26th, the Planning and Zoning Commission voted unanimously to recommend approval of the Detailed Site Plan as presented in the Resolution No. 2017 -081. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Information Memorandum 4. Resolution No. 2017 -081 City of Farmers Branch Page 1 Printed on 7/6/2017 i- jr P _77 � LI nf-11 9 -- �- .40.Ai0= 0= C1O = Da n n i -o -o� 1..1. Z J L\`� Subject Site TTINGTON PLACE lit PD- 8 _ E'] 1, o Zoning ❑= p_p�17 District Boundary 16=SP=15 Location Map Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. For pictorial reference only. .I�t���i _� _ Z -r_ .� Parcel Property Boundaries i City Limit Windermere at Mercer '1RMERS Crossing BRANCH 0 370 740 Feet NORTH Document Path: Z:\Zonin Cases \2016 cases\1 6-SP-1 5 Mercer Crossing Windermere \GIS \location ma .mxd D :1/16/2017 n* {• a r f� a � • JJ +} ,Ahi6 r t r r � r r: f� f. f r { rf r r + r ti i, r r l f r r r + r r + r + + + r r : r rr rr rr .0 rr rr r rr r r r � rr rr r r y_ 1 l jw • ■ A _ KIWI! - i�■�■ � �■i�� a �� - r 1 _ +1 i I I .I I N f� I I I n* {• a r f� a � • JJ +} ,Ahi6 r t r r � r r: f� f. f r { rf r r + r ti i, r r l f r r r + r r + r + + + r r : r rr rr rr .0 rr rr r rr r r r � rr rr r r y_ 1 l jw • ■ A _ KIWI! - i�■�■ � �■i�� a �� - r 1 _ +1 i C-1 FARMERS BRANCH Information MEMORANDUM TO: Mayor and City Council FROM: Charles S. Cox City Manager DATE: July 5, 2017 SUBJECT: Resolution No. 2017 -081 — Windermere Detailed Site Plan Summary Site design: Single Family Residential Community Units: 215 buildable lots, ranging from 22'X 90' to 40'X]05' Existing Conditions In 2016 the City approved Planned Development No. 99 (PD -99). This PD established a new master planned community containing residential, retail and entertainment land uses. This new master planned community contains approximately 267 acres and extends westward from Mercer Crossing Lake to the Valwood Improvement levee system west of Mercer Parkway. A Conceptual Site Plan was included within this new PD. This Conceptual Site Plan outlined the general land use areas and street network to be used for the new community. Within this Conceptual Plan six single family neighborhoods were established. This Detailed Site Plan request represents one of those six single family neighborhoods. (See Neighborhood Map) The site is located west of Luna Road and immediately south of Valley View Lane. (See Aerial Map) For this 30.4 acre property, the applicant, CADG Mercer Crossing Holdings LLC (a subsidiary of Centurion American) has proposed to develop a single family residential community containing approximately 215 buildable lots. This development is proposed to be constructed in one phase. The site is bordered to the west by another 31 -acre future single family detached neighborhood (to be known as Amesbury). To the south of this site is proposed Wittington Place and a 16.3 acre undeveloped single family detached neighborhood (to be known as Verwood). To the east is Luna Road and the single family neighborhood known as Ashington. (See Location Map) Site Design This Detailed Site Plan is for a proposed single family neighborhood to be known as "Windermere." Windermere is the densest of the residential communities being developed by the applicant, Centurion American (CADG). Windermere contains 30.4 acre total acres. In short, Windermere has the smallest lots allowed within Mercer Crossing community. It will be composed of 215 single family residential lots. All of these lots will be rear loaded-(garages facing the alley). One hundred and three (103) of these lots are designed for a narrow single family detached house product. All of these narrow single family detached lots will be at least 40' wide and 105' in depth (containing at least 4,200 square feet). The remaining 112 lots are designed for rear loaded townhomes (driveways and garages facing the alleyway). These townhome lots have a minimum width of 22' and minimum depth of 90' (containing at least 1,979 square feet in total area). There are several entry points into the Windermere neighborhood, both from Valley View and Luna Road. Access throughout the neighborhood is provided through a series of local streets, alleys, multi -modal trails and sidewalks. Mercer Crossing Design Guidelines (Pattern Book) As part of the overall design of the Mercer Crossing mixed use development, CADG has developed a comprehensive set of Design Guidelines outlining the basic theme and character of the new community. This guideline document, or Pattern Book, includes design advice regarding such items as, building architectural style (commercial and residential), street design, open space and parks design, trails, streetscape improvements, sign typology and standards, and wall materials and treatments. (see Mercer Crossing Pattern Book) The proposed architectural theme of the Mercer Crossing community is "Texas Tudor ". This unique style is combination of key English Tudor building elements (such as field stone, large wooden timbers, and steep multi - gabled roof lines), with contemporary Texas style elements like brick and stone exteriors, metal roofs, large porches and oversized windows. Texas Tudor weaves these two vernacular styles into a unified look for both the residential and commercial subdistricts within Mercer Crossing. The comprehensive Pattern Book gives all potential builders and property owners guidance on how to integrate their specific project into the Mercer Crossing community House Designs and Elevations As mentioned earlier, there are two sizes of lots within the Windermere neighborhood: 40' wide single - family detached lots and 22' wide single- family attached lots. Two homebuilders, Beazer Homes and Sienna Homes, plan to buy all the lots within Windermere. Beazer will buy all the 40' lots. Sienna will buy all the townhome lots. Both builders are aware of the architectural design requirements within Mercer Crossing. Although the use of common Texas Tudor materials and architectural elements is encouraged, the Mercer Crossing design guidelines demand a variety of house designs to be used throughout the neighborhood. The Beazer homes will range in size from 1800 -3000 square feet of living space. Most of the proposed house plans are 2 story in height (35' maximum), and contain more than 2000 square feet. The estimated cost of these homes will range from $400,000 to $500,000. (See Beazer House Plan Examples) The Sienna townhomes will contain at least 2500 square feet of living area. All homes will be 2 story in height (40' maximum height). The estimated cost of these homes will be approximately $400,000 to $430,000. (See Sienna Townhome Examples) Parking All lots within Windermere will require at least a 2 car garage. In addition, the design of the driveway will include 2 more on site surface parking spaces. All of the lots (215), will have rear loaded driveways. In addition, on street parking will be allowed on most local streets within Mercer Crossing to help accommodate visitor parking needs. Several visitor parking areas are scattered throughout the neighborhood. Parks, Open Space and Trails There are three designated parks or several smaller landscaped open spaces within the Windermere neighborhood, containing over 5.58 acres (approximately 17% of the total area). Two of these parks are located along Wittington Place. These two parks are proposed to be dog parks; one for small dogs and one for larger breeds. A larger central park (1.9 acres) is proposed along Perrin Lane and Weston Road. One portion of this park will contain a gazebo or small bandstand and will serve as the main special event location for the neighborhood. Another portion of the park will contain a pool area. An 8 -foot wide concrete trail extends along Wittington Place to Mercer Parkway. In addition, there are several small remnant parcels within Windermere that will serve as small landscaped pocket park areas or trail connections. (See Landscape Plan). A high priority has been placed on pedestrian connectivity throughout the proposed new Mercer Crossing community. A comprehensive trail network system has been integrated into each of the proposed residential neighborhoods, tying them all together. The Windermere neighborhood has trail connections to both the Amesbury neighborhood to the west and the Verwood neighborhood to the south. All local streets will have 5 -foot wide sidewalks. All parks, landscaped open space and trails will be maintained by the Mercer Crossing Homeowners Association (HOA). Signage CADG has developed a comprehensive signage typology for all of the Mercer Crossing community, both commercial and residential. Within Windermere several neighborhood entry signs have been proposed along both Valley View Lane and Luna Road. (See Signage Details in Landscape Plan and Pattern Book) Screening Walls To help buffer the residential neighborhoods throughout the Mercer Crossing community, a special network of masonry walls has been designed. These masonry walls will follow the old English Tudor style, and be composed of both stone and brick. Special accent portions of the wall located at points of high visibility will be composed of stone, while other wall sections will be composed of a brick "thinwall" design (no precast concrete panels). A concrete foundation (designed by a structural engineer) will be poured for the base of all masonry wall sections. All masonry walls will be at least 6 feet in height. (See Wall Sections in Landscape Plan). All maintenance of the masonry walls and neighborhood signage will be responsibility of the Mercer Crossing Homeowners Association (HOA). Streets As mentioned earlier, Windermere has several direct access points to both Valley View and Luna Road. Wittington Place, located at the southern edge of the neighborhood, will serve as the primary east /west collector street. Four (4) additional local streets are proposed within the Windermere neighborhood: Perrin Lane, Camden Place, Weston Road, and Friar Street. The first three of these local streets are designed to be 3lfeet in width, and allow on street parking in most areas. Friar Street is designed to be wider (41 feet) in order to provide better access for emergency and service vehicles. A series of five (5) alleys will also serve the neighborhood. These alleys will be 12 feet' wide paved concrete. All new street pavement (from curb to curb) will be maintained by the City upon acceptance of the street. All sidewalks and alleys will be maintained by the Mercer Crossing HOA. All street trees, landscaping, and street hardscape will be maintained by the Mercer Crossing HOA. Conclusion The Windermere neighborhood proposed with this Detailed Site Plan is consistent with Planned Development No. 99 (PD -99) and the associated Conceptual Site Plan described in Ordinance No. 3359. Staff recommends approval of this proposed site plan. On June 20, the Planning and Zoning Commission voted unanimously to recommend approval of the Detailed Site Plan as presented in Resolution No. 2017 -081. Possible Council Action: 1. I move to adopt Resolution 2017 -081 2. I move to adopt Resolution 2017 -081 ... with the following modification(s)... 3. I move to table the item or take no action. RESOLUTION NO. 2017-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FARMERS FARMERS BRANCH, TEXAS, APPROVING A DETAILED SITE BRANCH PLAN AND RELATED DETAILED REGULATIONS FOR DEVELOPMENT OF A 30.442± ACRE TRACT OUT OF BLOCK B, WESTSIDE ADDITION SECTION 1, CITY OF FARMERS BRANCH, TEXAS DESCRIBED IN EXHIBIT "A" HERETO, LOCATED IN PLANNED DEVELOPMENT NO. 99 (PD -99); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application has been made for approval of detailed site plan for a 30.442± acre tract out of Block B, Westside Addition Section 1, City of Farmers Branch, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ( "the Property "), which is located in Planned Development No. 99 (PD -99); and WHEREAS, having received the recommendation of the Planning and Zoning Commission that the detailed site plan and associated drawings, including, but not limited to, landscape plan, and building elevations, should be approved as requested, the City Council of the City of Farmers Branch, in the exercise of the legislative discretion, has concluded that the requested site plan for the Property should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS THAT: SECTION 1. The Property shall be developed in accordance with the regulations applicable to the Property as set forth in Ordinance No. 3359 ( "the PD -99 Ordinance ") as well as the following regulations: A. Detailed Site Plan: The Property shall be developed substantially as set forth in the Detailed Site Plan attached hereto as Exhibit `B" and incorporated herein by reference ( "the Site Plan "); provided, minor changes in location of streets and alleys may be made without further amendment to the Site Plan as long as the general pattern of traffic circulation and access is substantially maintained. B. Landscape: (1) The common areas, open spaces, street medians, and dedicated landscape easements (if any) developed on the Property shall be landscaped substantially in accordance with the Landscape, Screening, and Sign Plan set forth in Exhibit "C," attached hereto and incorporated herein by reference notwithstanding any notes contained thereon to the contrary allowing for changes. All required landscaping to be planted within common areas, open spaces, street medians, and dedicated landscape easements as shown on Exhibit "C" must be completed prior to issuance of a certificate of occupancy for any building constructed within the Property; provided, however, model homes used solely for sales office purposes may be constructed. (2) Individual residential lots shall be landscaped substantially in accordance with the provisions related to landscaping in the Pattern Book (as defined in Section 1.I, below). Installation of all required landscaping for individual residential lots shall be completed before the issuance by the City of a Certificate of Occupancy or Certificate of Completion for the dwelling unit constructed on said C. Building Design, Elevations, and Diversity: All buildings constructed on the Property shall be designed and constructed in substantial conformity with the architectural styles and materials set forth in the Pattern Book providing for "Texas Tudor." At least three lots must separate dwelling units constructed with the same front building elevation, which separation shall apply to both the same side of the street and across the street. D. Entry Signs: Entry signs and related landscaped and structural features shall be constructed at the locations shown on the Site Plan and designed and constructed as shown on Exhibit "C" hereto. E. Street Design: Streets constructed within the Property shall be designed, constructed, and landscaped substantially in accordance with the Street Cross - Sections and Lot Details attached hereto as Exhibit "D" and incorporated herein by reference. F. Parks and Trails: Pedestrian trails, open spaces, and neighborhood parks shall be developed substantially in accordance with the Site Plan and Exhibit "C" hereto. No more than fifty (50) building permits shall be issued for dwelling units constructed on lots within the Property prior to completion of construction of all parks, open spaces, and trails required by this resolution. G. Screening Walls: Screening walls shall be constructed at the locations shown on the Site Plan in accordance with the designs set forth in this resolution. Construction of all screening walls shall be completed prior to issuance of a certificate of occupancy for the first dwelling unit constructed on the Property other than model homes used solely for sales office purposes. H. Lot Details: The layout, setbacks and other details applicable to the design of the lots on the Property shall be in accordance with Exhibit "D" attached hereto. Pattern Book: For purpose of this resolution, the phrase "Pattern Book" means Volume II "Pattern Book" of the Mercer Crossing Design Guidelines (Draft Four — November 7, 2016) prepared by G &A Consultants, LLC, ( "the Pattern Book "), a copy of which is on file in the Office of the City Secretary and incorporated as if fully set forth herein by reference to the date and number of this resolution. J. Relationship to PD -99 Ordinance: In accordance with the provisions of the PD -99 Ordinance, upon its effective date, this resolution shall constitute additional regulations governing the use and development of the Property as if they were originally adopted as part of the PD -99 Ordinance; provided, however, in the event of any irreconcilable conflict between this resolution, including, but not limited to, the Pattern Book, and the PD -99 Ordinance, the provisions in the PD -99 Ordinance shall control. SECTION 2. This resolution shall become effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11TH DAY OF JULY, 2017. ATTEST: APPROVED: Amy Piukana, City Secretary Robert C. Dye, Mayor APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:7/2/17:87699) Resolution No. 2017 -081 Exhibit "A" — Description of Property The Property consists of the following two tracts: Tract 1: Being a tract of land out of the J. F. Chenoeth Survey, Abstract No. 267 and situated in the City of Farmers Branch, Dallas County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in November 2015, said tract being a portion of Block B, Westside Addition Section 1, an addition to the City of Farmers Branch according to the plat recorded as Document No. 200600172708 and being the same tract of land described as "Tract 1" in the deed to TCI Mercer Crossing, Inc. recorded as Document No. 2006003 75 806 in the Official Public Records of Dallas County, Texas, Texas and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch "MILLER 5665" capped steel rod set in the southerly right -of -way line of Valley View Lane, said rod being in the northerly boundary line of said Tract 1 from which a 1/2 inch capped steel rod found for the most northerly northeast corner thereof bears South 88 degrees 36 minutes 12 seconds East at 700.89 feet; Thence South 01 degrees 23 minutes 35 seconds West a distance of 375.15 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 297.03 feet and whose chord bears South 19 degrees 13 minutes 28 seconds East a t 158.46 feet; Thence southerly with said curve along an arc length of 160.40 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 34 degrees 41 minutes 40 seconds East a distance of 50.05 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 35 degrees 27 minutes 02 seconds East a distance of 235.76 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 29 degrees 42 minutes 44 seconds East a distance of 50.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 35 degrees 27 minutes 02 seconds East a distance of 103.61 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 54 degrees 32 minutes 58 seconds West a distance of 2.93 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 35 degrees 27 minutes 02 seconds East a distance of 25.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 54 degrees 32 minutes 58 seconds West a distance of 66.89 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 35 degrees 27 minutes 02 seconds East a distance of 92.16 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 290.00 feet and whose chord bears South 58 degrees 02 minutes 59 seconds West at 35.41 feet; Thence southwesterly with said curve along an arc length of 35.43 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 54 degrees 32 minutes 58 seconds West a distance of 439.84 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the easterly right -of -way line of Mercer Parkway; Thence North 35 degrees 27 minutes 02 seconds West with said easterly right -of -way line a distance of 1010.91 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 55 degrees 35 minutes 40 seconds East a distance of 359.63 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the right with a radius of 275.00 feet and whose chord bears North 73 degrees 29 minutes 37 seconds East at 169.04 feet; Thence easterly with said curve along an arc length of 171.82 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence South 88 degrees 36 minutes 25 seconds East a distance of 156.22 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 01 degrees 23 minutes 35 seconds East a distance of 225.82 feet to a 1/2 inch "MILLER 5665" capped steel rod the northerly boundary line of said Tract 1 and said southerly right -of -way line; Thence South 88 degrees 36 minutes 12 seconds East with said northerly boundary line and said southerly right -of -way line a distance of 50.00 feet to the point of beginning and containing 13.137 acres of land, more or less Tract 2• Being a tract of land out of the J. F. Chenoeth Survey, Abstract No. 267 and situated in the City of Farmers Branch, Dallas County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas in November 2015, said tract being a portion of Block B, Westside Addition Section 1, an addition to the City of Farmers Branch according to the plat recorded as Document No. 200600172708 and being a portion of the same tract of land described as "Tract 1" in the deed to TCI Mercer Crossing, Inc. recorded as Document No. 200600375806 in the Official Public Records of Dallas County, Texas, Texas and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch capped steel rod found for the most northerly northeast corner of said Tract 1 , said rod being in the southerly right -of -way line of Valley View Lane; Thence South 01 degrees 49 minutes 17 seconds East a distance of 524.72 feet to a 1/2 inch capped steel rod found; Thence North 88 degrees 50 minutes 25 seconds East a distance of 330.13 feet to a 1/2 inch capped steel rod found in the easterly boundary line of said Block B, said rod being in the westerly right -of -way line of Mercer Parkway; Thence South 02 degrees 42 minutes 47 seconds East with said easterly boundary line and said westerly right -of -way line a distance of 422.28 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 87 degrees 17 minutes 13 seconds West a distance of 639.45 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the left with a radius of 290.00 and whose chord bears South 74 degrees 25 minutes 07 seconds West at 129.17; Thence westerly with said curve along an arc length of 130.27 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence North 35 degrees 27 minutes 02 seconds West a distance of 92.16 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 54 degrees 32 minutes 58 seconds East a distance of 66.89 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 35 degrees 27 minutes 02 seconds West a distance of 25.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 54 degrees 32 minutes 58 seconds East a distance of 2.93 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 35 degrees 27 minutes 02 seconds West a distance of 103.61 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 29 degrees 42 minutes 44 seconds West a distance of 50.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 35 degrees 27 minutes 02 seconds West a distance of 235.76 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 34 degrees 41 minutes 40 seconds West a distance of 50.05 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the beginning of a curve to the right with a radius of 297.03 feet and whose chord bears North 19 degrees 13 minutes 28 seconds West at 158.46 feet; Thence northerly with said curve along an arc length of 160.40 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the end of said curve; Thence North 01 degrees 23 minutes 35 seconds East a distance of 375.15 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the northerly boundary line of said Block B, said rod being in said southerly right -of -way line; Thence South 88 degrees 36 minutes 12 seconds East with said northerly boundary line and said southerly right -of -way line a distance of 700.89 feet to the point of beginning and containing 17.305 acres of land, more or less. 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BACKGROUND: On March 17, 2017 Oncor Electric Delivery Company ( "Oncor" or "The Company ") filed an application with cities retaining original jurisdiction seeking to increase system -wide transmission and distribution rates by $317 million. The Company asks the City to approve an 11.8% increase in residential rates, and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see a bill increase of about $6.68 per month. Farmers Branch is a member of the 158 -city coalition known as the Steering Committee of Cities Served by Oncor ( "Steering Committee "). The Steering Committee has been in existence since the late 1980's. The Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 30 years. DISCUSSION: In March, the Steering Committee engaged the services of three consultants, Mr. Lane Kollen, Mr. Richard Baudino, and Mr. Karl Nalepa, to review the Company's filing. The consultants identified numerous unreasonable expenses and propose significant reductions to the Company's request. Accordingly, the Steering Committee's attorneys recommend that all members adopt the Resolution denying the rate change. Once the Resolution is adopted, Oncor will have 30 days to appeal the decision to the Public Utility Commission of Texas where the appeal will be consolidated with Oncor's filing (i.e. PUC Docket No. 46957) currently pending at the Commission. Under the law, cities with original jurisdiction over this matter have 125 days from the initial filing to take final action on the application. By the agreement of the parties, this deadline was suspended until August 19, 2017. As such, all cities with original jurisdiction will need to adopt the resolution no later than August 19. RECOMMENDATION: City Administration recommends adopting Resolution No. 2017 -082 denying Oncor Electric Delivery Company's requested rate increase. City of Farmers Branch Page 1 Printed on 71612017 File Number: R2017 -082 POSSIBLE COUNCIL ACTION: 1. I move to approve Resolution No. 2017 -082 denying Oncor Electric Delivery Company's requested rate increase. 2. I move to approve Resolution No. 2017 -082 denying Oncor Electric Delivery Company's requested rate increase, with modifications. 3. I move to table the issue for further study or take no action. ATTACHMENTS: 1. Resolution No. 2017 -082 City of Farmers Branch Page 2 Printed on 71612017 RESOLUTION NO. 2017-082 i i A RESOLUTION OF THE CITY OF FARMERS BRANCH, TEXAS, FARMERS FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY BRANCH LLC'S ( "ONCOR" OR "COMPANY ") APPLICATION TO CHANGE 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Farmers Branch, Texas ( "City ") is an electric utility customer of Oncor Electric Delivery Company LLC ( "Oncor" or "Company "), and a regulatory authority with an interest in the rates and charges of Oncor; and WHEREAS, the City is a member of the Steering Committee of Cities Served by Oncor ( "Steering Committee "), a coalition of similarly situated cities served by Oncor that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates charged in Oncor's service area; and WHEREAS, on or about March 17, 2017, Oncor filed with the City an application to increase system -wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates; and WHEREAS, the Steering Committee is coordinating its review of Oncor's application and working with the designated attorneys and consultants to resolve issues in the Company's filing; and WHEREAS, through review of the application, the Steering Committee's consultants determined that Oncor's proposed rates are excessive; and WHEREAS, the Steering Committee's members and attorneys recommend that members deny the Application; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THAT: SECTION 1. The rates proposed by Oncor to be recovered through its electric rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied. SECTION 2. The Company shall continue to charge its existing rates to customers within the City. SECTION 3. The City's reasonable rate case expenses shall be reimbursed in full by Oncor within 30 days of the adoption of this Resolution. SECTION 4. It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 5. A copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725. SECTION 6. This Resolution shall be effective immediately upon its approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, THIS 11th DAY OF JULY, 2017. APPROVED: Robert C. Dye, Mayor ATTEST: Amy Piukana, City Secretary APPROVED AS TO FORM: Peter G. Smith, City Attorney (kb1:6/27/17:87468)