LEWISVILLE CITY COUNCIL REGULAR SESSION FEBRUARY 4, 2013

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1 FEBRUARY 4, 2013 Present: Dean Ueckert, Mayor Council Members: Rudy Durham, Mayor Pro Tern Leroy Vaughn, Deputy Mayor Pro Tern R Neil Ferguson TJ Gilmore John Gorena City Staff: Claude King, City Manager Donna Barron, Assistant City Manager Steve Bacchus, Assistant City Manager Julie Heinze, City Secretary Lizbeth Plaster, City Attorney WORKSHOP SESSION 6: 30 P.M. With a quorum of the Council Members present, the workshop session of the Lewisville City Council was called to order by Mayor Ueckert at 6: 30 p.m. on Monday, February 4, 2013, in the City Council Conference Room of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas. All City Department Heads were in attendance. Discussion of Regular Agenda Items and Consent Agenda Items Agenda Item A) item. Mayor Ueckert reviewed Agenda Item A, Invocation. There was no discussion on this Mayor Ueckert reviewed Agenda Item B, Pledge to the American and Texas Flags. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item C, Visitors/ Citizens Forum. There was no discussion on this item.

2 FEBRUARY 4, 2013 Page 2 WORKSHOP SESSION 6: 30 P.M. Discussion of Regular Agenda Items and Consent Agenda Items ( cont' d) Agenda Item A) Mayor Ueckert reviewed Agenda Item D- 1, Approval of City Council Minutes of the January 28, 2013, Workshop Session and Regular Session. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item D- 2, Approval of a Professional Services Agreement With Arcadis-Inc., Engineering, in the Amount of $ 345, 000 for Construction Management Services for the Timber Creek Wastewater Lift Station Replacement and Prairie Creek WWTP Solids and Treatment Plant Improvements Projects; and Approval of a Supplemental Appropriation in the Amount of$345, 000 From Utility Fund Capital Projects Cash for Construction Management Services for the Projects; and Authorization for the City Manager to Execute the Agreement. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item D- 3, Approval of a Bid Award for an Annual Requirements Contract for Type D Grade 1 Flex Base to Big City Crushed Concrete, Dallas, Texas for an Estimated Amount of$ 100, 750. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item D- 4, Approval of an Agreement With Freese and Nichols to Perform Professional Services in Connection With the Lewisville Vision 2025 Long Range Plan. Councilman Gorena advised that he would be voting against this item as he felt this was something that staff could handle internally and he was against spending funding on a consultant; however, he would be a team player if it did pass. Discussion was held by the City Council regarding staff limitations in regard to handling various aspects of the 2025 Vision Plan and the need for consultants who were experienced in this type of work. There was no further discussion on this item. Mayor Ueckert reviewed Agenda Item E- 5, Consideration of Three Variances to the Lewisville City Code Section ( Access Management) Regarding Control of Access, Driveway Spacing Requirements, and Lewisville City Code Chapter 5, Article III, Section 5-94, International Fire Code Regarding Fire Lane Width Related to the Bankston Nissan of Lewisville Located at 1601 South Stemmons Freeway, as Requested by Dohe Kim, Multatech Architects & Engineers, on Behalf of the Owner. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item E- 6, Consideration of an Ordinance Approving the 2012 Annual Assessment/ Service Plan Updates for the Lewisville Castle Hills Public Improvement District (PID) No. 2. There was no discussion on this item.

3 FEBRUARY 4, 2013 Page 3 WORKSHOP SESSION 6: 30 P.M. Discussion of Regular Agenda Items and Consent Agenda Items ( cont' d) Agenda Item A) Mayor Ueckert reviewed Agenda Item E-7, Consideration of an Ordinance Amending the Lewisville City Code, Chapter 16, Sections and Regarding Emergency Cleaning of Private Residential Sewer Service Lines and Procedures. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item E- 8, Consider and Act Upon Adoption of a Resolution Authorizing the Acquisition of Property in Fee Simple Title for the Public Use of Providing Access to the Old Town Plaza and to Undertake All Associated Drainage, Slope, and Utility Improvements ( the " Project"); Determining the Public Necessity and Use for Such Acquisitions; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager ( or His Designee) to Establish Just Compensation for the Property Rights to be Acquired and to Take All Steps Necessary to Acquire the Needed Property Rights in Compliance With All Applicable Laws and Resolutions; Authorizing the City Attorney ( or Her Designee) to Institute Condemnation Proceedings to Acquire the Property Interests if Purchase Negotiations Are Not Successful; Ratifying Prior Documents Executed by the City Manager Necessary for Such Acquisitions; Authorizing Disposal of Certain Improvements; Providing for Repealing, Savings, and Severability Clauses, and Providing for an Effective Date. There was no discussion on this item. Mayor Ueckert reviewed Agenda Item F, Reports. There was no discussion on this item. this item. Mayor Ueckert reviewed Agenda Item G- Closed Session. There was no discussion on With no further discussion, the workshop session of the Lewisville City Council was adjourned at 6: 40 p. m. on Monday, February 4, : 00 P.M. With a quorum of the Council Members present, the regular session of the Lewisville City Council was called to order by Mayor Ueckert at 7: 00 p.m. on Monday, February 4, 2013, in the Council Chambers of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas. Invocation Agenda Item A) At the request of Mayor Ueckert, Deputy Mayor Pro Tern Vaughn gave the invocation.

4 FEBRUARY 4, 2013 Page 4 Pledge to the American and Texas Flats Agenda Item B) At the request of Mayor Ueckert, Councilman Gilmore gave the pledge to the American and Texas flags. Visitors/ Citizens Forum Agenda Item C) No one appeared to speak at this time. CONSENT AGENDA Agenda Item D) Mayor Ueckert advised that the following items would be removed from the Consent Agenda for individual consideration and explanation: 1. Consent Agenda Item No. 4 Approval of an Agreement With Freese and Nichols to Perform Professional Services in Connection With the Lewisville Vision 2025 Long Range Plan. MOTION: Upon a motion made by Deputy Mayor Pro Tern Vaughn and seconded by Mayor Pro Tern Durham, the Council voted five ( 5) " ayes" and no ( 0) " nays" to approve and adopt all remaining items on the Consent Agenda, as recommended and as follows: 1. APPROVAL OF MINUTES: City Council Minutes of the January 28, 2013, Workshop Session and Regular Session. 2. Approval of a Professional Services Agreement With Arcadis-Inc., Engineering, in the Amount of $345, 000 for Construction Management Services for the Timber Creek Wastewater Lift Station Replacement and Prairie Creek WWTP Solids and Treatment Plant Improvements Projects; and Approval of a Supplemental Appropriation in the Amount of 345, 000 From Utility Fund Capital Projects Cash for Construction Management Services for the Projects; and Authorization for the City Manager to Execute the Agreement. 3. Approval of a Bid Award for an Annual Requirements Contract for Type D Grade 1 Flex Base to Big City Crushed Concrete, Dallas, Texas for an Estimated Amount of$ 100, 750. The motion carried. END OF CONSENT AGENDA

5 FEBRUARY 4, 2013 Page 5 Approval of an Agreement With Freese and Nichols to Perform Professional Services in Connection With the Lewisville Vision 2025 Long Range Plan Consent Agenda Item D- 5) The City Council directed during the FY budget process that a consultant be hired to develop a long range plan. Staff advertised a request for proposals in October 2012 and received a total of 8 proposals. The firm of Freese and Nichols is recommended based on their extensive experience with similar processes as well as their extensive knowledge of the North Texas region. The contract in the amount of $228, 000 will be paid over two fiscal years with $ 160, 000 in FY and an additional $ 68, 000 in FY Funding for the first year is available in the FY budget. That the City Council approve the agreement. Councilman Gorena advised that he had requested this item be pulled from consent. He explained his reasons for voting against this item due to his opinion that this could be handled internally by City staff without having to pay a consultant. He stated that if this item did pass, he would be a team player. Mayor Ueckert advised that the following individual had filled at a speaker card: Brenda Latham, 1553 Parskide Trail, Lewisville, Texas, spoke before the City Council regarding this item. Ms. Latham stated that she felt it was great there was a plan being put together and was grateful that citizens were being included; however, she indicated she had not been able to find anything that explained the scale of this project and what this company would provide for this amount of funding. Ms. Latham referenced a contract the school district had recently approved. City Manager Claude King addressed Ms. Latham' s questions and advised that the scope and scale of this contract was larger than the contract she had referenced. Councilman Ferguson advised that the backup for this item had been since last week that outlined the scope of this project and should answer most of her questions. MOTION: Upon a motion made by Mayor Pro Tern Durham and seconded by Councilman Ferguson, the Council voted four (4) " ayes" and one ( 1) " nays," with Councilman Gorena casting the negative vote to approve the Agreement with Freese and Nichols to perform Professional Services in connection with the Lewisville Vision 2025 Long Range Plan. The motion carried.

6 FEBRUARY 4, 2013 Page 6 Consideration of Three Variances to the Lewisville City Code Section ( Access Management) Regarding Control of Access, Driveway Spacing Requirements, and Lewisville City Code Chapter 5, Article III, Section 5-94, International Fire Code Regarding Fire Lane Width Related to the Bankston Nissan of Lewisville Located at 1601 South Stemmons Freeway, as Requested by Dohe Kim, Multatech Architects & Engineers, on Behalf of the Owner Agenda Item E- 5) The subject site is a acre lot zoned Light Industrial (LI) within the Bankston Nissan Addition. Bankston Nissan currently owns the developed property and is in the process of permitting an expansion to the showroom and service department. Staff has reviewed and approved the engineering site plan for Bankston Nissan subject to the City Council approval of the three variances: a) to waive the minimum control of access for an existing driveway on Stemmons Freeway, b) to waive the minimum driveway spacing requirement for two existing driveways on the subject property on Stemmons Freeway, and c) to waive the minimum fire lane width for an existing fire lane. The City staff s recommendation was that the City Council approve the variances as set forth in the caption above. Jeff Kelly, P.E., Assistant City Engineer, Tim Ippolito, Fire Marshal, and Dohe Kim, Project Manager, Multatech Architects & Engineers were all present to respond to any questions posed by the City Council. MOTION: Upon a motion made by Councilman Gorena and seconded by Councilman Gilmore, the Council voted five ( 5) " ayes" and no ( 0) " nays" to approve the following three variances to the Lewisville City Code Section ( Access Management) Regarding Control of Access, Driveway Spacing Requirements, and Lewisville City Code Chapter 5, Article III, Section 5-94, International Fire Code Regarding Fire Lane Width Related to the Bankston Nissan of Lewisville Located at 1601 South Stemmons Freeway: a) to waive the minimum control of access for an existing driveway on Stemmons Freeway, b) to waive the minimum driveway spacing requirement for two existing driveways on the subject property on Stemmons Freeway, and c) to waive the minimum fire lane width for an existing fire lane, as requested by Dohe Kim, Multatech Architects & Engineers, on Behalf of the Owner. The motion carried.

7 FEBRUARY 4, 2013 Page 7 Mayor Ueckert then moved to Agenda Item E-7. Consideration of Ordinance No Amending the Lewisville City Code, Chapter 16, Sections and Regarding Emergency Cleaning of Private Residential Sewer Service Lines and Procedures Agenda Item E- 7) The City will cease any clearing of sewer line stoppages in residential private sewer lines effective March 1, The ordinance retains that maintenance of the private residential sewer lines is the responsibility of the owner, tenant or occupant, however removes language regarding City requirement to clear sewer line stoppages in the private sewer line from the house to the City sewer main. The City staff s recommendation was that the City Council approve ordinance as set forth in the caption above. City Attorney Lizbeth Plaster read the ordinance caption into the record as follows: An Ordinance of the City Council of the City of Lewisville, Texas, Amending Chapter 16, Article II, Division 5, Private Residential Sewer Service Line Cleaning, of the Lewisville City Code, by Amending the Regulations and Procedures for Cleaning and Repairing Private Residential Sanitary Sewer Service Lines; Providing a Repealer; Providing for Severability; Providing a Penalty; Providing an Effective Date; and Declaring an Emergency." MOTION: Upon a motion made by Councilman Gilmore and seconded by Deputy Mayor Pro Tern Vaughn, the Council voted five ( 5) " ayes" and no ( 0) " nays" to approve and adopt Ordinance No , as captioned previously. The motion carried. Mayor Ueckert returned to Agenda Item E- 6.

8 FEBRUARY 4, 2013 Page 8 Consideration of Ordinance No Approving the 2012 Annual Assessment/ Service Plan Updates for the Lewisville Castle Hills Public Improvement District (PID) No. 2 Agenda Item E- 6) The City Council created Lewisville Castle Hills Public Improvement District No. 2 in A Supplemental Assessment/ Service Plan was adopted for PID No. 2 on October 18, Chapter 372 of the Texas Local Government Code requires that an Assessment/ Service Plan be updated annually. The Plan defines the annual indebtedness and the projected costs of the improvements to be provided by a PID and the manner of assessing the property in the PID for the costs of the improvements. The City staff s recommendation was that the City Council approve the ordinance as set forth in the caption above. City Attorney Lizbeth Plaster read the ordinance caption into the record as follows: An Ordinance of the City Council of the City of Lewisville, Texas Updating the Assessment/ Service Plan and Assessment Roll for Lewisville Castle Hills Public Improvement District No. 2 ( This " Ordinance"); Providing a Repealer; Providing for Severability; Providing an Effective Date; and Declaring an Emergency." MOTION: Upon a motion made by Councilman Ferguson and seconded by Deputy Mayor Pro Tern Vaughn, the Council voted five ( 5) " ayes" and no ( 0) " nays" to approve and adopt Ordinance No , as captioned previously. The motion carried.

9 FEBRUARY 4, 2013 Page 9 Consider and Act Upon Adoption Resolution No ( R) Authorizing the Acquisition of Property in Fee Simple Title for the Public Use of Providing Access to the Old Town Plaza and to Undertake All Associated Drainage, Slope, and Utility Improvements ( the " Project"); Determining the Public Necessity and Use for Such Acquisitions; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager ( or His Designee) to Establish Just Compensation for the Property Rights to be Acquired and to Take All Steps Necessary to Acquire the Needed Property Rights in Compliance With All Applicable Laws and Resolutions; Authorizing the City Attorney ( or Her Designee) to Institute Condemnation Proceedings to Acquire the Property Interests if Purchase Negotiations Are Not Successful; Ratifying Prior Documents Executed by the City Manager Necessary for Such Acquisitions; Authorizing Disposal of Certain Improvements; Providing for Repealing, Savings, and Severability Clauses, and Providing for an Effective Date Agenda Item E- 8) The City has authorized the development and construction of The Old Town Plaza. Twelve out of thirteen properties have transferred ownership of property to the City for the project. One property identified as Old Town Flying Pig, LLC does not wish to participate in the project through donation of required property ( 906 sf) or modification of an existing 15' Sanitary Sewer Easement to a 15' Utility Easement, thus the requirement for a resolution to acquire said property through eminent domain procedures. The City will first attempt to purchase the necessary property from the landowner through the making of a bona fide offer prior to filing any eminent domain proceedings. The City staff s recommendation was that the City Council consider and adopt the resolution as set forth in the caption above by using the following motion, which is prescribed by state law:

10 FEBRUARY 4, 2013 Page 10 Consider and Act Upon Adoption Resolution No ( R) Authorizing the Acquisition of Property in Fee Simple Title for the Public Use of Providing Access to the Old Town Plaza and to Undertake All Associated Drainage, Slope, and Utility Improvements ( the " Project"); Determining the Public Necessity and Use for Such Acquisitions; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager ( or His Designee) to Establish Just Compensation for the Property Rights to be Acquired and to Take All Steps Necessary to Acquire the Needed Property Rights in Compliance With All Applicable Laws and Resolutions; Authorizing the City Attorney ( or Her Designee) to Institute Condemnation Proceedings to Acquire the Property Interests if Purchase Negotiations Are Not Successful; Ratifying Prior Documents Executed by the City Manager Necessary for Such Acquisitions; Authorizing Disposal of Certain Improvements; Providing for Repealing, Savings, and Severability Clauses, and Providing for an Effective Date ( cont' d) Agenda Item E- 8) FORM OF THE MOTION TO ADOPT THE RESOLUTION ( as required by state law I move that the City of Lewisville, Texas adopt the resolution described in Agenda No. 8 and authorize the use of the power of eminent domain to acquire for public use the property ( in fee simple) depicted on and described by metes and bounds in Attachment 1 attached to said resolution, said depictions and descriptions being incorporated into this motion for all purposes, for the public access to the Old Town Plaza and to undertake all associated drainage, slope, and utility improvements."

11 FEBRUARY 4, 2013 Page 11 Consider and Act Upon Adoption Resolution No ( R) Authorizing the Acquisition of Property in Fee Simple Title for the Public Use of Providing Access to the Old Town Plaza and to Undertake All Associated Drainage, Slope, and Utility Improvements ( the " Project"); Determining the Public Necessity and Use for Such Acquisitions; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager ( or His Designee) to Establish Just Compensation for the Property Rights to be Acquired and to Take All Steps Necessary to Acquire the Needed Property Rights in Compliance With All Applicable Laws and Resolutions; Authorizing the City Attorney ( or Her Designee) to Institute Condemnation Proceedings to Acquire the Property Interests if Purchase Negotiations Are Not Successful; Ratifying Prior Documents Executed by the City Manager Necessary for Such Acquisitions; Authorizing Disposal of Certain Improvements; Providing for Repealing, Savings, and Severability Clauses, and Providing for an Effective Date ( cont' d) Agenda Item E- 8) MOTION: Upon a motion made by Deputy Mayor Pro Tern Vaughn and seconded by Councilman Ferguson, the Council voted five ( 5) " ayes" and no ( 0) " nays" moved that the City of Lewisville, Texas adopt the resolution ( Resolution No R ) described in Agenda No. 8 and authorize the use of the power of eminent domain to acquire for public use the property (in fee simple) depicted on and described by metes and bounds in Attachment 1 attached to said resolution, said depictions and descriptions being incorporated into this motion for all purposes, for the public access to the Old Town Plaza and to undertake all associated drainage, slope, and utility improvements. Record of Vote: Mayor Pro Tern Durham Yes; Deputy Mayor Pro Tern Vaughn Yes; Councilman Ferguson Yes; Councilman Gilmore Yes; Councilman Gorena Yes The motion carried.

12 FEBRUARY 4, 2013 Page 12 Reports Agenda Item F) Councilman Gorena reminded everyone that the retreat was being held at the Hilton Garden Inn February 7 9, 2013 encouraged residents to come out and listen. Councilman Gilmore advised that in the next few weeks the Scouts would be roaming the neighborhood and encouraged everyone to donate. Councilman Ferguson advised of the upcoming events at the MCL Grand. Mayor Ueckert invited everyone to attend the Retreat. There were no additional reports at this time. Mayor Ueckert adjourned the regular session of the Lewisville City Council into Closed Session at 7: 28 p.m. Monday, February 4, 2013, in accordance with the requirements of the Open Meetings Law. Closed Session Agenda Item G) In accordance with Texas Government Code, Subchapter D, Section ( Real Estate), the Lewisville City Council convened into Closed Session at 7: 28 p. m. on Monday, February 4, 2013, City Council Conference Room of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas, in order to discuss matters pertaining to the following: Section ( Consultation with Attorney/Pending Litigation): 1. City of Lewisville v. Page Southerland Page, L.P. and PSP Architects-Engineers, Inc., Cause No , 211th Judicial District of Denton County, Texas. Section ( Real Estate): 2. Property Acquisition Section ( Economic Development): 3. Deliberation Regarding Economic Development Negotiations The Closed Session was adjourned at 8: 57 p. m. on Monday, February 4, 2013.

13 FEBRUARY 4, 2013 Page 13 Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Closed Session Agenda Item H) Mayor Ueckert reconvened the Regular Session of the Lewisville City Council at 8: 57 p. m. on Monday, February 4, 2013, in the Council Chambers of the Lewisville City Hall. Mayor Ueckert opened the floor for action to be taken on the items discussed in the Closed Session. There was no action taken on the items discussed during the Closed Session. Adiournment Agenda Item 1) MOTION: Upon a motion made by Councilman Gorena and seconded by Councilman Gilmore, the Council voted five ( 5) " ayes" and no ( 0) " nays" to adjourn the Regular Session of the Lewisville City Council at 8: 57 p. m. on Monday, February 4, The motion carried. These minutes approved by the Lewisville City Council on the 18th day of February, APPROVED Dean Ueckert MAYOR ATTEST: Julie Heinze CITY SECRETARY