LEWISVILLE CITY COUNCIL by wuyunyi

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									                             LEWISVILLE CITY COUNCIL

                                  REGULAR SESSION

                                  DECEMBER 18, 2006

Present:

Gene Carey, Mayor

Council Members:

Greg Tierney
David Thornhill
Mike Nowels
Dean Ueckert, Deputy Mayor Pro Tem
Rudy Durham, Mayor Pro Tem

City Staff:

Claude King, City Manager
Donna Barron, Assistant City Manager
Steve Bacchus, Assistant City Manager
Julie Heinze, City Secretary
Ronald J. Neiman, 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 Carey at 6:39 p.m. on Monday, December 18 2006,
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)

        Mayor Carey reviewed Agenda Item A, Invocation. There was no discussion on this
item.

        Mayor Carey reviewed Agenda Item B, Pledge to the Flag. There was no discussion on
this item.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                      Page 2


WORKSHOP SESSION – 6:30 P.M.

Discussion of Regular Agenda Items and
Consent Agenda Items (cont’d)                                               (Agenda Item A)

       Mayor Carey reviewed Agenda Item C-1, Public Hearing: Consideration of an Ordinance
for a Zone Change Request From Multi-Family Two (MF-2) to Medical District (MD) on a 2.78
Acre Tract Located at the Southwest Corner of the Intersection of the Kansas City Southern
Railroad and Proposed Windhaven Parkway; and Further Identified as Proposed Lot 2, Block B,
in the Crossroads Centre South Addition; as Requested by Amaranth II Ltd., the Current
Property Owner (Case No. PZ20061115). There was no discussion on this item.

        Mayor Carey reviewed Agenda Item C-2, Public Hearing: Consideration of an Ordinance
Designating a Certain Area as Reinvestment Zone Number Twenty-Six (26) for TIC Lago Vista,
L.P., a Delaware Limited Partnership and EMC Mortgage Corporation on Lot 3AR-1, Block J of
the Vista Ridge Addition; Consideration of a Resolution Approving the Terms and Conditions of
an Agreement and Providing for Commercial Tax Abatement by and Among the City of
Lewisville, Texas, and TIC Lago Vista, L.P., a Delaware Limited Partnership, and EMC
Mortgage Corporation, Located at 800 State Highway 121; and Authorization for the City
Manager to Execute the Agreement. There was no discussion on this item.

       Mayor Carey reviewed Agenda Item D, Visitors/Citizens Forum.            There was no
discussion on this item.

       Mayor Carey reviewed Agenda Item E-3, Approval of Minutes: a. City Council Minutes
of the November 20, 2006, Workshop Session and Regular Session; and, b. City Council
Minutes of the December 4, 2006, Workshop Session and Regular Session. There was no
discussion on this item.

        Mayor Carey reviewed Agenda Item E-4, Approval of a Bid Award for an Annual
Requirements Contract for Type D, Grade 1 Flex Base Material to Big City Crushed Concrete,
Dallas, Texas, for an Estimated Amount of $102,000. There was no discussion on this item.

        Mayor Carey reviewed Agenda Item E-5, Approval of an Interlocal Cooperation
Agreement for Library Services With Denton County; Designation of the Library Manager as the
Official Liaison for the City of Lewisville; and Authorization for the City Manager to Execute
the Agreement. There was no discussion on this item.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 3


WORKSHOP SESSION – 6:30 P.M.

Discussion of Regular Agenda Items and
Consent Agenda Items (cont’d)                                                  (Agenda Item A)

       Mayor Carey reviewed Agenda Item E-6, Acceptance of $10,305 Loan Star Libraries
Fiscal Year 2007 Grant Award to Purchase Supplies and Services; Authorization for the City
Manager to Execute the Texas State Library and Archives Commission Contract; and Approval
of a Supplemental Appropriation to the Grant Fund in the Amount of $10,305. There was no
discussion on this item.

        Mayor Carey reviewed Agenda Item E-7, Approval of the Fiscal Year 2006/2007 Fire
Protection Services Interlocal Cooperation Agreement Between Denton County and the City of
Lewisville; and Authorization for the City Manager or His Designee to Execute the Agreement.
There was no discussion on this item.

       Mayor Carey reviewed Agenda Item E-8, Approval of the Fiscal Year 2006/2007
Ambulance Service Interlocal Cooperation Agreement Between Denton County and the City of
Lewisville; and Authorization for the City Manager or His Designee to Execute the Agreement.
There was no discussion on this item.

       Mayor Carey reviewed Agenda Item E-9, Approval of the First Amendment to an
Economic Development Agreement Between the City of Lewisville and Caroline Berend for the
Rehabilitation of the Building at 139 West Main Street; and Authorization for the City Manager
to Execute the Amendment. There was no discussion on this item.

        Mayor Carey reviewed Agenda Item E-10, Approval of Transfer of the Interests of a Tax
Abatement Agreement From The Realty Associates Fund V, L.P., a Delaware Limited Partnership,
to TIC Properties, LLC, for the Property Located at 850 S.H. 121; Approval of the First Amendment
to the Tax Abatement Agreement; and Authorization for the City Manager to Sign the Agreement.
There was no discussion on this item.

       Mayor Carey reviewed Agenda Item E-11, Approval of a Resolution Authorizing the
City Manager to Execute a Local Participation Advanced Funding Agreement for an Off-System
Project Related to the Implementation of the Proposed Pedestrian Improvements in the Old
Town Plaza Pedestrian District Project in the City of Lewisville; Authorizing the Expenditure of
Funds and Providing an Effective Date. There was no discussion on this item.

       Mayor Carey reviewed Agenda Item E-12, Acknowledgement of the Waste Management
2007 Cost of Service Rates for Residential Solid Waste/Recycling and Commercial Solid Waste
Collection and Disposal Services. There was no discussion on this item.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                       Page 4


WORKSHOP SESSION – 6:30 P.M.

Discussion of Regular Agenda Items and
Consent Agenda Items (cont’d)                                                (Agenda Item A)

        Mayor Carey reviewed Agenda Item E-13, Approval of Revisions to Administrative
Policies 2.12.3 – Employee and Dependent Sick Leave and 2.12.8 – Family and Medical Leave.
There was no discussion on this item.

       Mayor Carey reviewed Agenda Item E-14, Approval of the Capital Improvements Advisory
Committee Semi-Annual Report for the Period of April 1, 2006 Through September 30, 2006. There
was no discussion on this item.

       Mayor Carey reviewed Agenda Item E-15, Approval of a Second Amendment to the
Sewage Treatment Service Contract By and Between the City and Denton County Fresh Water
Supply District No. 1-A; and Authorization for the City Manager to Execute the Amendment.
There was no discussion on this item.

        Mayor Carey reviewed Agenda Item F-16, Tabled Item: Consideration of an Ordinance
Amending the Lewisville Code of Ordinances, Chapter 6, Section 6-164, Location of Parking
Spaces, Chapter 9.5, Section 9.5-164, Location of Parking Spaces, and Chapter 15, Section 15-
134, Special Vehicles, Recreational Vehicles and Other Vehicle Storage or Parking in Single
Family Zoned Districts, Providing New Definitions and Limiting Paving on the Required Front
Yard of Detached Single Family or Duplex Dwelling Units. City Manager King advised that staff
was working through examples in order to cover as many bases as possible before this item is
brought back to the City Council. There was no further discussion on this item.

       Mayor Carey reviewed Agenda Item F-17, Consideration of an Ordinance Extending the
Current 2006 Water and Sewer Impact Fees Through February 28, 2007. There was no
discussion on this item.

       Mayor Carey reviewed Agenda Item F-18, Consideration of an Ordinance Amending the
Lewisville Code of Ordinances, Chapter 2, Article VIII, Section 2-201, Fee Schedule, Related to
Solid Waste Rates. There was no discussion on this item.

        Mayor Carey reviewed Agenda Item F-19, Consideration of an Ordinance Amending the
Lewisville Code of Ordinances Prohibiting the Use of Wind Turbines for the Generation of
Electric Power Within The City of Lewisville. There was no discussion on this item.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                         Page 5


WORKSHOP SESSION – 6:30 P.M.

Discussion of Regular Agenda Items and
Consent Agenda Items (cont’d)                                                   (Agenda Item A)

       Mayor Carey reviewed Agenda Item F-20, Consideration of Appointments to the Board
of Directors of the Lewisville Parks and Library Development Corporation (LPLDC). There was
no discussion on this item.

       Mayor Carey reviewed Agenda Item F-21, Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of Escrow Deposits and Other Sums Associated
With 1993 Agreements for Infrastructure Costs on Garden Ridge Boulevard Related to
Creekview Village Additions II, III and IV. Mayor Carey advised he wanted to adjourn into
Executive Session regarding this item on accordance with Texas Government Code, Subchapter
D, Section 551.071. There was no further discussion on this item.

       Mayor Carey reviewed Agenda Item F-22, Consideration of Program Grant Agreements
by and Between the City of Lewisville, Texas; Robert B. Payne et al; Accelerated Christian
Education, Inc.; Cobb Gifting Trust; Majestic Lewisville Partners, L.P., a Delaware Limited
Partnership; Majestic Lewisville Partners II, L.P., a Delaware Limited Partnership, and Industrial
Developments International (Texas), L.P.; for an Area That Covers Approximately 721 Acres of
Land Which is South of F.M. 3040, West of Edmonds Lane, North of S.H. 121, Business and East
of Duncan Lane; Approval of an Interlocal Cooperation Agreement With Denton County; and
Authorization for the City Manager to Execute the Agreements. Mayor Carey advised he wanted
to adjourn into Executive Session regarding this item on accordance with Texas Government
Code, Subchapter D, Section 551.087. There was no further discussion on this item.

       Mayor Carey reviewed Agenda Item G, Reports. There was no discussion on this item.

        Mayor Carey reviewed Agenda Item H-Executive Session. There was no discussion on
this item.

       A brief discussion was held regarding the Transit Oriented Development Basic Principles
Presentation. City Manager King advised the City Council needs to start planning for two to
three years out and consider creating overlay zones. Discussion was held regarding working
with Highland Village for a joint venture where both cities agree on the same set of plans and
guidelines.

Items of Interest to the Council                                                (Agenda Item B)

       There were no items of interest discussed by the City Council at this time.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                         Page 6



       With no further discussion, the workshop session of the Lewisville City Council was
adjourned at 6:55 p.m. on Monday, December 18, 2006.

REGULAR SESSION - 7:00 P.M.

        With a quorum of the Council Members present, the regular session of the Lewisville
City Council was called to order by Mayor Carey at 7:00 p.m. on Monday, December 18, 2006,
in the Council Chambers of the Lewisville City Hall, 151 West Church Street, Lewisville, Texas.

Invocation                                                                     (Agenda Item A)

       At the request of Mayor Carey, Councilman Thornhill gave the invocation.

Pledge to the Flag                                                              (Agenda Item B)

       At the request of Mayor Carey, Boy Scout Troop 62 gave the pledge to the flag.

Public Hearing: Consideration of Ordinance
No. 3398-12-2006(Z) for a Zone Change
Request From Multi-Family Two (MF-2) to
Medical District (MD) on a 2.78 Acre Tract
Located at the Southwest Corner of the
Intersection of the Kansas City Southern
Railroad     and   Proposed     Windhaven
Parkway; and Further Identified as
Proposed Lot 2, Block B, in the Crossroads
Centre South Addition; as Requested by
Amaranth II Ltd., the Current Property
Owner (Case No. PZ20061115)                                                  (Agenda Item C-1)

        Mayor Carey advised that the subject tract is located in the northwest quadrant of Cookie
Lane and Windhaven Parkway, adjacent to a multi-family facility which is geared towards
persons 55 and older. This site’s proposed use is an assisted living facility which is intended to
complement the apartments next door. Across the street from this site the property is owned by
the L.I.S.D. Directly behind this site is other commercial property with no proposed use
currently. The requested zoning would be in keeping with the surrounding area and staff would
recommend approval of the zone change request. The Planning and Zoning Commission voted
5-0 in favor of the zone change request at their November 21, 2006 meeting.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                           Page 7


Public Hearing: Consideration of Ordinance
No. 3398-12-2006(Z) for a Zone Change
Request From Multi-Family Two (MF-2) to
Medical District (MD) on a 2.78 Acre Tract
Located at the Southwest Corner of the
Intersection of the Kansas City Southern
Railroad     and   Proposed     Windhaven
Parkway; and Further Identified as
Proposed Lot 2, Block B, in the Crossroads
Centre South Addition; as Requested by
Amaranth II Ltd., the Current Property
Owner (Case No. PZ20061115) (cont’d)                                        (Agenda Item C-1)

       Mayor Carey stated the City staff’s recommendation was that the City Council approve
the proposed ordinance amending the Lewisville Code of Ordinances, Chapter 17, the
Comprehensive Zoning Ordinance approving the requested zone change from Multi-Family Two
(MF-2) to Medical District (MD).

       Mayor Carey opened the public hearing.

        Gene Lewis, Planning and Community Services Manager and Carmelita Dolores, 1329
Breamar Drive, Carrolton, Texas 75007, were both present to respond to any questions posed by
the City Council.

MOTION:       Upon a motion made by Mayor Pro Tem Durham and seconded by Councilman
              Thornhill, the Council voted five (5) “ayes” and no (0) “nays” to close the public
              hearing. The motion carried.

       City Attorney Ron Neiman read the ordinance caption into the record as follows:

       “An Ordinance of the City Council of the City of Lewisville, Texas, That Amends
       the Zoning Ordinance of the City of Lewisville, Texas, Granting Zoning Changes
       on the 2.78 Acre Tract of Land Fully and Completely Described in the Attached
       Exhibit "A", Ordering a Change in the Use of Said Property From Multi-Family
       Two (MF-2) District Zoning to Medical District (MD) Zoning; Correcting the
       Official Zoning Map; Preserving all Other Portions of the Zoning Ordinance;
       Providing a Clause Relating to Severability; Determining That the Public Interests
       and General Welfare Demand a Zoning Change and Amendment Therein Made;
       Providing a Penalty; and Declaring an Emergency.”
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                           Page 8


Public Hearing: Consideration of Ordinance
No. 3398-12-2006(Z) for a Zone Change
Request From Multi-Family Two (MF-2) to
Medical District (MD) on a 2.78 Acre Tract
Located at the Southwest Corner of the
Intersection of the Kansas City Southern
Railroad     and   Proposed     Windhaven
Parkway; and Further Identified as
Proposed Lot 2, Block B, in the Crossroads
Centre South Addition; as Requested by
Amaranth II Ltd., the Current Property
Owner (Case No. PZ20061115) (cont’d)                                           (Agenda Item C-1)

MOTION:        Upon a motion made by Mayor Pro Tem Durham and seconded by Councilman
               Tierney, the Council voted five (5) “ayes” and no (0) “nays” to approve and adopt
               Ordinance No. 3398-12-2006(Z), as previously captioned. The motion carried.

Public Hearing:          Consideration of
Ordinance No. 3399-12-2006 Designating a
Certain Area as Reinvestment Zone Number
Twenty-Six (26) for TIC Lago Vista, L.P., a
Delaware Limited Partnership and EMC
Mortgage Corporation on Lot 3AR-1, Block
J of the Vista Ridge Addition; Consideration
of     Resolution    No.    3400-12-2006(R)
Approving the Terms and Conditions of an
Agreement and Providing for Commercial
Tax Abatement by and Among the City of
Lewisville, Texas, and TIC Lago Vista, L.P.,
a Delaware Limited Partnership, and EMC
Mortgage Corporation, Located at 800 State
Highway 121; and Authorization for the City
Manager to Execute the Agreement                                              (Agenda Item C-2 )

         Mayor Carey advised that in March, 2005, Council approved an Economic Development
Rebate and Tax Abatement for EMC Mortgage Corporation for the building located at 800 S.H.
121 in Vista Ridge. At that time EMC was located in Irving and moved the first part of their
facility in 2 phases. As part of the initial incentive agreement, the City offered a 5 year, 50% tax
abatement on any building that they would occupy by 2010, to try and secure the remainder of
their operations in Lewisville from Irving. With the occupancy of the second building, they will
have approximately 1,600 employees in Lewisville.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 9


Public Hearing:          Consideration of
Ordinance No. 3399-12-2006 Designating a
Certain Area as Reinvestment Zone Number
Twenty-Six (26) for TIC Lago Vista, L.P., a
Delaware Limited Partnership and EMC
Mortgage Corporation on Lot 3AR-1, Block
J of the Vista Ridge Addition; Consideration
of     Resolution    No.    3400-12-2006(R)
Approving the Terms and Conditions of an
Agreement and Providing for Commercial
Tax Abatement by and Among the City of
Lewisville, Texas, and TIC Lago Vista, L.P.,
a Delaware Limited Partnership, and EMC
Mortgage Corporation, Located at 800 State
Highway 121; and Authorization for the City
Manager to Execute the Agreement (cont’d)                                 (Agenda Item C-2 )

       Mayor Carey stated the City staff’s recommendation was that the City Council conduct
the public hearing on the creation of Reinvestment Zone #26; approve the ordinance creating
Reinvestment Zone #26; approve the resolution to enter into the Tax Abatement Agreement with
TIC Lago Vista, L.P., a Delaware limited partnership, and EMC Mortgage Corporation; and
authorize the City Manager to execute the agreement.

       Mayor Carey opened the public hearing.

       Zane Miller, Director of Economic Development, was present to respond to any questions
posed by the City Council.

MOTION:       Upon a motion made by Councilman Tierney and seconded by Councilman
              Nowels, the Council voted five (5) “ayes” and no (0) “nays” to close the public
              hearing. The motion carried.

       City Attorney Ron Neiman read the ordinance caption into the record as follows:

       “An Ordinance of the City Council of the City of Lewisville, Texas, Designating
       a Certain Area Within the City of Lewisville as Reinvestment Zone No. 26 for a
       Tax Abatement for TIC Lago Vista, LP, a Delaware Limited Partnership and
       EMC Mortgage Corporation; Establishing the Boundaries of Such Zone;
       Providing For Other Matters Relating Thereto; Providing For Severability;
       Providing a Repealer; and Declaring an Emergency.”
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                   Page 10


Public Hearing:          Consideration of
Ordinance No. 3399-12-2006 Designating a
Certain Area as Reinvestment Zone Number
Twenty-Six (26) for TIC Lago Vista, L.P., a
Delaware Limited Partnership and EMC
Mortgage Corporation on Lot 3AR-1, Block
J of the Vista Ridge Addition; Consideration
of     Resolution    No.    3400-12-2006(R)
Approving the Terms and Conditions of an
Agreement and Providing for Commercial
Tax Abatement by and Among the City of
Lewisville, Texas, and TIC Lago Vista, L.P.,
a Delaware Limited Partnership, and EMC
Mortgage Corporation, Located at 800 State
Highway 121; and Authorization for the City
Manager to Execute the Agreement (cont’d)                               (Agenda Item C-2 )

MOTION:      Upon a motion made by Councilman Tierney and seconded by Councilman
             Nowels, the Council voted five (5) “ayes” and no (0) “nays” to approve and adopt
             Ordinance No. 3399-12-2006, as previously captioned, and Resolution No.
             3400-12-2006(R). The motion carried.

Visitors/Citizens Forum                                                    (Agenda Item D)

      No one appeared to speak at this time.

CONSENT AGENDA                                                             (Agenda Item E)

MOTION:      Upon a motion made by Deputy Mayor Pro Tem Ueckert and seconded by
             Councilman Thornhill, the Council voted five (5) “ayes” and no (0) “nays” to
             approve and adopt all items on the Consent Agenda, as recommended and as
             follows:

             3.     APPROVAL OF MINUTES:

                    a.      City Council Minutes of the November 20, 2006, Workshop
                            Session and Regular Session; and,

                    b.      City Council Minutes of the December 4, 2006, Workshop Session
                            and Regular Session.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                Page 11


CONSENT AGENDA (cont’d)                                                 (Agenda Item E)

          4.    Approval of a Bid Award for an Annual Requirements Contract for Type
                D, Grade 1 Flex Base Material to Big City Crushed Concrete, Dallas,
                Texas, for an Estimated Amount of $102,000.

          5.    Approval of an Interlocal Cooperation Agreement for Library Services
                With Denton County; Designation of the Library Manager as the Official
                Liaison for the City of Lewisville; and Authorization for the City Manager
                to Execute the Agreement.

          6.    Acceptance of $10,305 Loan Star Libraries Fiscal Year 2007 Grant Award
                to Purchase Supplies and Services; Authorization for the City Manager to
                Execute the Texas State Library and Archives Commission Contract; and
                Approval of a Supplemental Appropriation to the Grant Fund in the
                Amount of $10,305.

          7.    Approval of the Fiscal Year 2006/2007 Fire Protection Services Interlocal
                Cooperation Agreement Between Denton County and the City of
                Lewisville; and Authorization for the City Manager or His Designee to
                Execute the Agreement.

          8.    Approval of the Fiscal Year 2006/2007 Ambulance Service Interlocal
                Cooperation Agreement Between Denton County and the City of
                Lewisville; and Authorization for the City Manager or His Designee to
                Execute the Agreement.

          9.    Approval of the First Amendment to an Economic Development
                Agreement Between the City of Lewisville and Caroline Berend for the
                Rehabilitation of the Building at 139 West Main Street; and Authorization
                for the City Manager to Execute the Amendment.

          10.   Approval of Transfer of the Interests of a Tax Abatement Agreement
                From The Realty Associates Fund V, L.P., a Delaware Limited
                Partnership, to TIC Properties, LLC, for the Property Located at 850 S.H.
                121; Approval of the First Amendment to the Tax Abatement Agreement;
                and Authorization for the City Manager to Sign the Agreement.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                Page 12


CONSENT AGENDA (cont’d)                                                 (Agenda Item E)

          11.    Approval of Resolution No. 3401-12-2006(R): A Resolution of the City
                 Council of the City of Lewisville, Texas, Authorizing the City Manager of
                 the City of Lewisville, Texas to Execute a Local Participation Advanced
                 Funding Agreement for an Off-System Project Related to the
                 Implementation of the Proposed Pedestrian Improvements in the Old
                 Town Plaza Pedestrian District Project in the City of Lewisville;
                 Authorizing the Expenditure of Funds and Providing an Effective Date.

          12.    Acknowledgement of the Waste Management 2007 Cost of Service Rates
                 for Residential Solid Waste/Recycling and Commercial Solid Waste
                 Collection and Disposal Services.

          13.   Approval of Revisions to Administrative Policies 2.12.3 – Employee and
                Dependent Sick Leave and 2.12.8 – Family and Medical Leave.

          14.    Approval of the Capital Improvements Advisory Committee Semi-Annual
                 Report for the Period of April 1, 2006 Through September 30, 2006.

          15.    Approval of a Second Amendment to the Sewage Treatment Service
                 Contract By and Between the City and Denton County Fresh Water
                 Supply District No. 1-A; and Authorization for the City Manager to
                 Execute the Amendment.

          The motion carried.

END OF CONSENT AGENDA
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                       Page 13


Tabled Item: Consideration of an Ordinance
Amending the Lewisville Code of Ordinances,
Chapter 6, Section 6-164, Location of Parking
Spaces, Chapter 9.5, Section 9.5-164, Location
of Parking Spaces, and Chapter 15, Section 15-
134, Special Vehicles, Recreational Vehicles
and Other Vehicle Storage or Parking in
Single Family Zoned Districts, Providing New
Definitions and Limiting Paving on the
Required Front Yard of Detached Single
Family or Duplex Dwelling Units                                             (Agenda Item F-16)

       Mayor Carey advised that the City Council tabled this item at the November 20, 2006,
meeting in order to explore other options. Staff needs additional time to research and develop
additional options for Council consideration. Staff recommends that the City Council table this
item until the January 22, 2007, City Council meeting.

       Mayor Carey stated the City staff’s recommendation was that the City Council table this
item until the January 22, 2007, City Council meeting.

       Gene Lewis, Planning and Community Services Manager, was present to respond to any
questions posed by the City Council.

MOTION:       Upon a motion made by Mayor Pro Tem Durham and seconded by Deputy Mayor
              Pro Tem Ueckert, the Council voted five (5) “ayes” and no (0) “nays” to table this
              item to the January 22, 2007, City Council meeting. The motion carried.

Consideration of Ordinance No. 3402-12-
2006 Extending the Current 2006 Water and
Sewer Impact Fees Through February 28,
2007                                                                        (Agenda Item F-17)

        Texas Local Government Code Chapter 395.052(a) requires a political subdivision
imposing an impact fee to update the land use assumptions and capital improvements plan at
least every five years. The last update was adopted in December 2001 and the required five year
review for 2006 is in the process of being finalized. The land use assumption portion of the
review was completed and approved by Council in November 2006. The water and sewer
review is scheduled for completion in January 2007 and will take effect in February 2007. Since
new fees are scheduled to take affect January 1 of each year, a Council approved extension of the
current 2006 water and sewer impact fees is required to continue assessing the fees until the
current review is completed and approved.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 14


Consideration of Ordinance No. 3402-12-
2006 Extending the Current 2006 Water and
Sewer Impact Fees Through February 28,
2007 (cont’d)                                                             (Agenda Item F-17)

       Mayor Carey stated the City staff’s recommendation was that the City Council approve
the ordinance extending the current 2006 water and sewer impact fees through February 28,
2007.

       City Attorney Ron Neiman read the ordinance caption into the record as follows:

       “An Ordinance of the City Council of the City of Lewisville, Texas, Amending
       Chapter 2, Article VIII, Section 2-201 of the Lewisville City Code by Extending
       the 2006 Schedule of Capital Recovery Fees Per Living Unit Equivalent For
       Water and Sewer Through February 28, 2007, Providing a Repealer, Providing
       For Severability; Providing an Effective Date and Declaring an Emergency.”

MOTION:       Upon a motion made by Councilman Thornhill and seconded by Deputy Mayor
              Pro Tem Ueckert, the Council voted five (5) “ayes” and no (0) “nays” to approve
              and adopt Ordinance No. 3402-12-2006, as previously captioned. The motion
              carried.

Consideration of Ordinance No. 3403-12-
2006 Amending the Lewisville Code of
Ordinances, Chapter 2, Article VIII, Section
2-201, Fee Schedule, Related to Solid Waste
Rates                                                                     (Agenda Item F-18)

       Mayor Carey advised that on January 26, 2004 Waste Management entered into an
agreement to provide residential and commercial solid waste collection. The agreement allows
for cost of service increase based upon the Dallas Fort Worth Urban Consumer Price Index,
which is 1.6%. The rate increase is effective January 1, 2007. Although the rate increase to
Waste Management is by contract, the City must set the customer rates for residential and
commercial customers. Staff recommends that the commercial customer rates be increased to
correspond to the CPI cost of service increase of 1.6%. This will increase the twice per week
garbage pick up and once every other week recycling pickup charge from $10.73 to $10.87.

       Mayor Carey stated the City staff’s recommendation was that the City Council adopt the
ordinance increasing solid waste rates by 1.6%.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                          Page 15


Consideration of Ordinance No. 3403-12-
2006 Amending the Lewisville Code of
Ordinances, Chapter 2, Article VIII, Section
2-201, Fee Schedule, Related to Solid Waste
Rates (cont’d)                                                                (Agenda Item F-18)

       City Attorney Ron Neiman read the ordinance caption into the record as follows:

       “An Ordinance of the City Council of the City of Lewisville, Texas Amending the
       Lewisville Code of Ordinances, Chapter 2, Article VIII, Section 2-201 Fee
       Schedule for Solid Waste Collection; Providing a Repealer; Providing for
       Severability; Providing an Effective Date; and Declaring an Emergency.”

MOTION:        Upon a motion made by Deputy Mayor Pro Tem Ueckert and seconded by
               Councilman Tierney, the Council voted five (5) “ayes” and no (0) “nays” to
               approve and adopt Ordinance No. 3403-12-2006, as captioned previously. The
               motion carried.

Consideration of Ordinance No. 3404-12-
2006 Amending the Lewisville Code of
Ordinances Prohibiting the Use of Wind
Turbines for the Generation of Electric
Power Within The City of Lewisville                                           (Agenda Item F-19)

        Mayor Carey advised that commercial windmill farms are becoming more common in Texas,
generating pollution free electric power in larger and larger amounts. Typically these windmills, or
wind turbines, are found in sparsely populated locations outside of metropolitan areas. There is,
however, increasing interest in using private wind generators for producing electric power for
individual home use. Published information about individual wind turbines indicates that such
towers would range from 45 to 85 feet in height, but also express concerns about the noise made by
the turbines. It is possible that future technology will provide a less intrusive way of harnessing
energy from the wind, but until then the current technology would appear to provide more of a noise
nuisance than benefit when used on individual lots within an urban area.

        Mayor Carey stated the City staff’s recommendation was that the City Council approve
the proposed ordinance prohibiting the use of wind turbines for the generation of electric power
within the City of Lewisville.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 16


Consideration of Ordinance No. 3404-12-
2006 Amending the Lewisville Code of
Ordinances Prohibiting the Use of Wind
Turbines for the Generation of Electric
Power Within The City of Lewisville (cont’d)                              (Agenda Item F-19)

       City Attorney Ron Neiman read the ordinance caption into the record as follows:

       “An Ordinance of the City Council of the City of Lewisville, Texas, Prohibiting
       the Use of Wind Energy Conversion Systems; Providing For a Repealer;
       Providing For Severability; Providing a Penalty; Providing an Effective Date; and
       Declaring an Emergency.”

MOTION:       Upon a motion made by Councilman Nowels and seconded by Mayor Pro Tem
              Durham, the Council voted five (5) “ayes” and no (0) “nays” to approve and
              adopt Ordinance No. 3404-12-2006, as captioned previously. The motion
              carried.

Consideration of Appointments to the Board
of Directors of the Lewisville Parks and
Library Development Corporation (LPLDC)                                   (Agenda Item F-20)

       Mayor Carey advised that the current board members of the Lewisville Parks and Library
Development Corporation were appointed at the November 1, 2004, City Council meeting. Per
the provisions of the Act, the City Council must appoint a seven-member board of directors.
Four of the members may be elected officials. Requirements for membership on the board are
residents of Lewisville and at least 18 years of age. All of the current boardmembers have
expressed an interest in being reappointed. These appointments may be discussed by the Council
in Executive Session.

       Mayor Carey stated the City staff’s recommendation was that the City Council consider
the appointments to the Lewisville Parks and Library Development Corporation.

MOTION:       Upon a motion made by Mayor Pro Tem Durham and seconded by Councilman
              Nowels, the Council voted five (5) “ayes” and no (0) “nays” to reappoint Gene
              Carey, Mike Nowels, Ken Judkins, Jeff Pelletier, Dean Ueckert, Rudy Durham,
              and Joe Molina each for a two year term. The motion carried.

        Mayor Carey advised that the City Council would be adjourning into Executive Session
prior to taking any action on Agenda Item F-21.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                       Page 17


       Mayor Carey adjourned the regular session of the Lewisville City Council into Executive
Session at 7:20 p.m. Monday, December 18, 2006, in accordance with the requirements of the
Open Meetings Law.

Executive Session                                                              (Agenda Item H)

        In accordance with Texas Government Code, Subchapter D, Section 551.071
(CONSULTATION WITH ATTORNEY), the Lewisville City Council convened into Executive
Session at 7:20 p.m. on Monday, December 18, 2006, City Council Conference Room of the
Lewisville City Hall, 151 West Church Street, Lewisville, Texas, in order to discuss matters
pertaining to the following:

       The Executive Session was adjourned at 8:00 p.m. on Monday, December 18, 2006.

Reconvene into Regular Session and
Consider Action, if any, on Items Discussed
in Executive Session                                                           (Agenda Item I)

      Mayor Carey reconvened the Regular Session of the Lewisville City Council at 8:11 p.m.
on Monday, December 18, 2006, in the Council Chambers of the Lewisville City Hall.

       Mayor Carey opened the floor for action to be taken on the items discussed in the
Executive Session.

Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated
With 1993 Agreements for Infrastructure
Costs on Garden Ridge Boulevard Related to
Creekview Village Additions II, III and IV                                  (Agenda Item F-21)

       (Attorney Andy Messer sat in for City Attorney Ron Neiman during this item.)

       Mayor Carey advised that the developer and former owner of Creekview Village
Additions Phases II, III and IV has requested that the City refund the sums placed in escrow with
the City in 1993 for improvements to be made to Garden Ridge Boulevard, plus interest and
attorney fees.

       Mayor Carey stated the City staff’s recommendation was that the City Council deny the
request.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 18


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                   (Agenda Item F-21)

         City Engineer, T.S. Kumar, briefed the City Council on this item based on the
information contained in their backup material. Mr. Kumar advised that the developer had
deposited money into an escrow back in the 1993/1994 timeframe; however, the City did not
construct the project until November 2005 because a joint agreement was required with the
Town of Flower Mound due to the center line of the project running down the two City limit
lines of the project. Mr. Kumar advised that it was difficult to construct the project with both
entities when they both were not ready. Mr. Kumar advised that the construction is almost 70%
complete now, in fact, last week the contractor was paving the northbound lanes adjacent to this
particular development and they should be coming up to the bridge within the week. Mr. Kumar
further advised that the project was awarded to Site Concrete by the Town of Flower Mound and
that it was a joint project. He stated that phase one was located from Bellaire to Main Street and
had been completed by the City of Lewisville and once that was done then the second phase
from Bellaire to South Corporate was being administered by the Town of Flower Mound.
Mr. Kumar advised that $2,475,000 has been spent toward the construction of the City of
Lewisville’s portion of Garden Ridge, which was the northbound lanes connecting to the section
that was left over by Whispering Oaks Estates. Mr. Kumar stated that the total project cost is
roughly over $5 million, the remaining being the Town of Flower Mound’s contribution.
Mr. Kumar advised that the developer had escrowed the money back in 1993, roughly about
$132,000 / $133,000 and at this time, with the interest calculated on it, comes to about $225,000.
Mr. Kumar further advised for the same portion the City had actually spent over a half-a-million
dollars for the same segment for what he had in the frontage, which equates to about one half of
what he would have had to build it at under today’s dollar. Mr. Kumar concluded by stating the
project is expected to be completed by early next year, January 2007. Mr. Kumar offered to
answer any questions posed by the City Council.

       Mr. Aaron Holland, Attorney, 309 West 7th Street, Suite 1100, Fort Worth, Texas,
representing Desoto Wildwood Development, Inc., spoke before the City Council. Mr. Holland
thanked the City Council for allowing him to speak before them and presented a PowerPoint
Presentation supporting DeSoto’s request as follows.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                  Page 19


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                              (Agenda Item F-21)

      Fees Paid by DeSoto
      • Subdivision started in 1993
      • City imposed fees
         o Fees totaled $132,000
         o Allegedly to expand existing Garden Ridge Boulevard
      • DeSoto paid fees
         o Subdivision fully occupied in 1994
                 • As of 2006 City never built the road

       Mr. Holland showed a map of where the subdivision was located in reference to Garden
Ridge Boulevard.

      Refund Request
      • Local Government Code
         o Fees were “impact fees”
         o City required to build road within five (5) years
         o Refund work not done
      • Developer submitted refund request in 2001
      • October 2001 Letter from City Attorney
         o City position was not entitled to refund

      Litigation
      • DeSoto filed lawsuit for refund
      • Three different courts
          o State, Federal, Court of Appeals
      • Court of Appeals ordered that DeSoto have opportunity to be heard by City Council
      • Lawsuit proceeds after Council’s decision
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                         Page 20


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                    (Agenda Item F-21)

       Litigation
       • Claims before state court:
           o Breach of contract
                    Work not started within five (5) years
           o Taking claims
                    Improvements not necessary because of subdivision
                    Lewisville never enacted procedures required by statutes
                    Imposed impact fees in violation Local Government Code

        Mr. Messer questioned what five year period by law Mr. Holland was referencing.
Mr. Holland advised that he was referring to the provision in the impact fee statute that talked
about the municipal entity has five years with which to make a payment. He further advised that
the Court of Appeals had ruled that these are impact fees that are subject to that statute.
Mr. Holland stated that from their perspective a reasonable period of time by law for that work to
be done is five years, that is what the Texas Legislature has mandated, and that is their position.
Mr. Messer clarified that Mr. Holland was basing that on the impact fee statute. Mr. Holland
advised that was correct. Mr. Messer pointed that they did not have an impact fee claim.
Mr. Holland stated that they did no longer have standing according to the Court of Appeals based
on that statute but his argument to the court was that in determining what a reasonable time for
performance under these contracts, they looked to what the legislature had already stated and that
was five years.

       Mr. Holland returned to his PowerPoint Presentation.

       DeSoto’s Request
       • Total claim $214,327
          o $132,988 impact fees
          o $40,000 attorney’s fees and costs
          o $41,339 interest
       • Continued litigation costly for both sides
          o Document production, depositions
       • Money best put to resolution, not attorneys
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                             Page 21


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                       (Agenda Item F-21)

        Mr. Messer questioned what statute Mr. Holland was referring to when he spoke of
recovery of attorney fees on the remaining claims. Mr. Holland advised he was referring to
statute under Texas Law, Breach of Contract; the prevailing party is entitled to recovery of
attorney fees. Mr. Messer clarified that Mr. Holland was referring to the Civil Practice Remedy
Code. Mr. Holland advised that was correct.

        Mayor Carey questioned Mr. Gary Baker what his current relationship was with DeSoto
Wildwood. Mr. Baker advised that he was the President. Mayor Carey questioned what his
relationship was in 1993. Mr. Baker advised that he was President at that time also. Mayor
Carey questioned what involvement Mr. Baker had with the Agreement in 1993. Mr. Baker
advised that he signed the Agreements when they went through the platting process. Mayor
Carey questioned Mr. Baker if he would be the person most knowledgeable. Mr. Baker advised
that between him and Mr. Holland he would be.

         Deputy Mayor Pro Tem Ueckert questioned Mr. Baker when he first felt the City acted in
violation of the Agreement. Mr. Baker advised at the end of the five year period. Deputy Mayor Pro
Tem Ueckert questioned if he felt the City was violating the agreement during the platting process in
1993. Mr. Baker advised that he did not. Mr. Messer clarified with Mr. Baker that he thought the
City was in breach of the contract obligations in 1998. Mr. Baker concurred with that statement.
Deputy Mayor Pro Tem Ueckert clarified that during the platting process Mr. Baker did not figure
there was any violation of the agreement in 1993, and that he was okay with the agreement.
Mr. Baker advised that he was not okay with it, but it was what it took to get the project approved.
Deputy Mayor Pro Tem Ueckert then clarified that Mr. Baker was okay with signing the document
and continuing with the City and that he did not feel the City was doing anything other than going
forward with the development. Mr. Baker indicated that was correct. Deputy Mayor Pro Tem
Ueckert questioned if, in 1998, he felt the contract had been breached why he waited until 2001 to
bring it to the City to say it was violated. Mr. Baker advised it was to make sure that it had been at
least five years before they requested a refund. Mr. Ueckert requested clarification as that would
have been eight years. Mr. Baker explained that the project was not complete until 1994 and they
waited until after the project was complete and being conservative they waited until everything was
done and all the approvals were signed off that there was a development going and that may have
pushed it until 1995. He stated that the platting process was long before a house was ever built there.
He further stated that they waited to be sure that they had given the time due under the statute and
consulted with attorneys and at that point and time made their request.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                           Page 22


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                      (Agenda Item F-21)

        Councilman Nowels referenced Section 1 of the Agreement that stated “The exact time
for construction of said improvements shall be in the sole discretion of the City.” Councilman
Nowels questioned if he concurred that was in the agreement. Mr. Holland advised that he
believed that was correct. Councilman Nowels then questioned if Mr. Baker had signed that
Agreement. Mr. Holland stated that Mr. Baker had signed the Agreement. Councilman Nowels
questioned if that was not pretty plain. Mr. Holland addressed Councilman Nowels’ question
and advised that the Agreement does say at the sole discretion of the City; however, we are
talking about being in the frame work of what is a reasonable amount of time to complete the
work that the Texas Legislature has established. Mr. Holland referenced what the Trial Court
Jude had said that he did not think the Agreement would give the City 100 years to build the road
if that is what the City decided to do. Mr. Holland stated that it is a matter of what is a
reasonable period of time, and from a legal standpoint he felt that would be for the Court to
determine what is a reasonable period of time; the Court may agree with the City, but it’s so
open ended there has got to be some cut off time. Mr. Holland stated that the Texas Legislature
said that five years is a reasonable period of time.

        Councilman Nowels then referenced Section 8 in the middle of the section that stated
“and if the City does not desire to commence construction of improvements as noted herein, the
owner, at the owner’s sole option, shall have the right to construct such improvements as per the
plans, specification to be prepared by the owner’s engineer” and then a little farther down it says
“that the cost overrun shall be associated with the owner, the owner elects to construct said
improvements then upon completion of such improvements and acceptance thereof, the City
shall refund said escrow deposit.” Councilman Nowels questioned if that statement was a part of
the Agreement. Mr. Holland advised that he did not have a copy of the Agreement with him but
he believed it was correct. Councilman Nowels questioned if Mr. Baker had signed the
Agreement, was that not his remedy, couldn’t he have built this road at anytime he wanted to and
gotten his money back from the City. Mr. Holland advised that he had already paid $132,000
that was assessed because it was allegedly necessary as a result of this subdivision. Mr. Holland
stated that the subdivision has been occupied for 11 to 12 years now and the road is still not built.
Mr. Holland stated that that it is self evident that the road was not necessary as a result of the
subdivision. Councilman Nowels stated that his question was simply – does the City have sole
discretion to build the road according to this contract. Mr. Holland stated that the legislature has
said a reasonable period of time to build the road is five years. Councilman Nowels questioned
if the contract said it was the sole discretion of the City. Mr. Holland again advised within the
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 23


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                   (Agenda Item F-21)

five year period. Councilman Nowels questioned Mr. Holland if the contract stated that five year
period. Mr. Holland concurred that it did not state that in the document. Councilman Nowels
again questioned if Mr. Baker’s remedy, if the City did not build the road in the timeline that is
satisfactory to him, was it not in his sole discretion that he could have built the road and asked
for the money to be refunded to him upon completion. Mr. Holland advised that based upon
what Mr. Kumar has stated early he did not feel that was an option, as he stated that the delays
had been a result of the Town of Flower Mound, coordination between the two cities, so it seems
unlikely that DeSoto could have built the road themselves. Mr. Holland stated that he was not
here to try the case before the City Council he just wanted to appraise the City Council of their
position. Councilman Nowels expressed concern that they were here requesting money;
however, they did not want to answer his question. Mr. Holland stated that it was a remedy
specified in the Agreement that Mr. Baker had signed.

         Councilman Tierney referenced the portion that says the exact time for construction shall
be in the sole discretion of the City and he pointed out that Mr. Baker did sign the Agreement.
Councilman Tierney questioned if, when the Agreement was signed, had the City made any
promises when the road would be constructed. Mr. Baker stated that it was his understanding
that it would be forthcoming, there was never a time when it was said it would be ten years, five
years. Mr. Baker advised that he was under the understanding that they needed the street and
they put their money up. Councilman Tierney questioned if Mr. Baker had ever asked the City
to build the road. Mr. Baker stated that it was 13 years ago and he would be happy to go back
and check his notes and deal with the engineers at the time. Mr. Baker also stated that it was his
understanding that they were not allowed to build the road because of the same things that had
been brought up tonight about it being a road that needed to done in conjunction with the Town
of Flower Mound, and that they were required to put their funds up before they could start their
project. Councilman Tierney again questioned Mr. Baker if he had ever asked the City to build
the road. Mr. Baker advised that to answer that he would have to go back and check his records
from 13 years ago and get the engineer of record that did this project for us and see if that was
done, and if so, in writing.

        Councilman Tierney then questioned if during the platting process was he made aware of
the Thoroughfare Plan of the City. Mr. Baker advised that he would have to go back and check
his records. Councilman Tierney stated that he assumed Mr. Baker would have known at that
time that particular roadway was a part of our Master Thoroughfare Plan; even 13 years ago that
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 24


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                   (Agenda Item F-21)

construction was planned on being developed and built. Mr. Baker advised that they had
dedicated property in addition and that they knew it was part of the long term Master Plan, but in
1993 he was not sure that it was consistent that single subdivisions were built in major
thoroughfares. Councilman Tierney stated he felt the escrow funds were being used to build the
road and in his opinion the intent of the contract was being fulfilled. Councilman Tierney
questioned if Mr. Baker agreed with that opinion. Mr. Baker advised that his understanding was
the intent of the contract was that the neighborhood they were building was justifying the need
for that road and clearly that did not happen. Mr. Baker stated that if that had been the case the
roadway surely would have been built within the five year period and it certainly should have
started within the timeframe the subdivision was in construction. Mr. Baker stated that after five
years he did not believe it was being done with the intent they put the money up for.
Councilman Tierney stated that in his opinion, since the escrow funds have been used to build
the road, he has a hard time approving any escrow money going back to Mr. Baker. Mayor
Carey stated he concurred with Councilman Tierney.

        Councilman Thornhill questioned Mr. Baker if he agreed that by developing the
Creekview Village Subdivision the vehicles from that subdivision will use the portion of Garden
Ridge Boulevard that is being built when it is completed. Mr. Baker stated that they have not
used it in the last 12 years; however, he did not know that they would not use it in the future.
Councilman Thornhill questioned Mr. Baker if he felt the subdivision would benefit from the use
of this portion of Garden Ridge Boulevard when it is completed. Mr. Baker advised that he was
not sure he could answer that; however, they have been happy to be there without it for all this
time. Mr. Baker further stated that he did not know if the traffic pattern would enhance their day
to day routes or not, but certainly it hasn’t enhanced for the last 12 years. Councilman Thornhill
questioned if Mr. Baker agreed the vehicles from this subdivision would, in the future, have an
impact on the roadway around the subdivision. Mr. Baker stated that he believe there will be
some people from that neighborhood that do drive on the road, they have to and have for the last
12 years. Councilman Thornhill questioned Mr. Baker if he agreed that by developing this
subdivision, the Creekview Village Subdivision, that until Garden Ridge is completed
subdivision vehicles must utilize different roadways to reach Old Orchard Lane. Mr. Baker
stated that he was sure they did. Councilman Thornhill then questioned Mr. Baker if he knew
what the cost was in today’s dollars was to build Garden Ridge Boulevard is where is abuts to
the subdivision. Mr. Baker advised that he did not. Councilman Thornhill questioned if
Mr. Baker knew how much traffic from the subdivision would utilize Garden Ridge Boulevard.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                        Page 25


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                   (Agenda Item F-21)

Mr. Baker advised he did not know. Councilman Thornhill questioned what documents or facts
Mr. Baker had that the escrow funds were not proportional to the impact of the subdivision on
Garden Ridge Boulevard. Mr. Baker advised that he did not know if he had any documents
because there was not a road there to assess what usage they would have had. Councilman
Thornhill questioned if Mr. Baker knew how the escrow funds compare to the cost of the
construction for the portion of Garden Ridge Boulevard that abuts to the subdivision. Mr. Baker
advised that he assumed it was $132,000 in 1993 and he could not answer what that would be
today because he has not done any bidding on that job, nor does he have the engineering plans
and it has been 13 years.

       Mr. Messer advised he wanted to make the City Council aware of his recommendation.
He pointed out that what the developer’s counsel had not advised the City Council when he went
through the sorted history of the procedures was that his impact fee claims have been dismissed
in the Trial Court and Fort Worth Court of Appeals, they are no longer valid or viable.
Mr. Messer stated that he believed the City has a valid defenses to both of the remaining two
claims, one for breach of contract and one for a takings. Mr. Messer advised it was his
recommendation that the City Council deny the developer’s request.

        City Manager King questioned Mr. Baker if he was still developing property. Mr. Baker
advised that he was. City Manager King questioned if it was still under the Wildwood entity.
Mr. Baker advised that he was not under the DeSoto Wildwood. City Manager King questioned
what entities he was developing property. Mr. Baker advised that he had property corporations
that they work under, G&G Development, Inc., 3B Whispering Oaks Development, and The
Estates of Eagle Mountain. City Manager King questioned where they were developing.
Mr. Baker advised Fort Worth, Lancaster, and the County between Lancaster and Red Oak, and
by Alliance Airport. Mr. Baker stated that DeSoto Wildwood is a general partner in one of those
partnerships.

         Mayor Pro Tem Durham addressed Mr. Baker and stated that Mr. Baker had mentioned
earlier that he knew what was in the document when he signed it but he went ahead and signed it
so he could start developing. Mr. Baker advised that was correct. Mayor Pro Tem Durham
clarified that he knew exactly, it was spelled out there was no time limit in the document, and it
was not a concern at the time. Mr. Baker stated that they were under the understanding that it
would be imminent, that the road was going to be built and it would be built either during our
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                            Page 26


Consideration of a Request From DeSoto
Wildwood Development, Inc., for a Refund of
Escrow Deposits and Other Sums Associated With
1993 Agreements for Infrastructure Costs on
Garden Ridge Boulevard Related to Creekview
Village Additions II, III and IV (cont’d)                                       (Agenda Item F-21)

development process or shortly thereafter. Mr. Baker advised that he was made aware by the
engineers he had in place that this all fell under a rebate program, that if they didn’t build it they
would be getting the money back within five years. Mayor Pro Tem Durham clarified that was
from Mr. Baker’s engineers and that the City Engineers never said that. Mr. Baker advised that
he was not sure if they did or not, his engineers were the liaison between his company and the
City and they dealt with the City, he did not. Mayor Pro Tem Durham questioned if it would be
correct to say that he has no direct knowledge of the City telling him there was a time limit that
they were going to do it in a certain period of time. Mr. Baker stated that he would not say that
he did tonight; however, without going back and pulling his old files and seeing if he had a note
written down, but as of tonight he would say he did not have any direct knowledge. Mayor Pro
Tem Durham clarified his original point that Mr. Baker did sign the document that did not have a
date on it, time definite to build the road. Mr. Baker advised that was correct.

MOTION:        Upon a motion made by Mayor Pro Tem Durham and seconded by Councilman
               Nowels, the Council voted five (5) “ayes” and no (0) “nays” to deny the request
               from DeSoto Wildwood Development, Inc., for a refund of escrow deposits and
               other sums associated with 1993 Agreements for Infrastructure Costs on Garden
               Ridge Boulevard related to Creekview Village Additions II, III and IV. The
               motion carried.

       There was no additional action taken on the items discussed during the Executive
Session.

        Mayor Carey advised that the City Council would be adjourning into Executive Session
prior to taking any action on Agenda Item F-22.

       Mayor Carey adjourned the regular session of the Lewisville City Council into Executive
Session at 8:45 p.m. Monday, December 18, 2006, in accordance with the requirements of the
Open Meetings Law.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                     Page 27


Executive Session                                                            (Agenda Item H)

        In accordance with Texas Government Code, Subchapter D, Section 551.087
(ECONOMIC DEVELOPMENT), the Lewisville City Council convened into Executive Session
at 7:20 p.m. on Monday, December 18, 2006, City Council Conference Room of the Lewisville
City Hall, 151 West Church Street, Lewisville, Texas, in order to discuss matters pertaining to
the following: Deliberation Regarding Economic Development for a Potential Company
Relocation.

       The Executive Session was adjourned at 9:30 p.m. on Monday, December 18, 2006.

Reconvene into Regular Session and
Consider Action, if any, on Items Discussed
in Executive Session                                                          (Agenda Item I)

      Mayor Carey reconvened the Regular Session of the Lewisville City Council at 9:34 p.m.
on Monday, December 18, 2006, in the Council Chambers of the Lewisville City Hall.

       Mayor Carey opened the floor for action to be taken on the items discussed in the
Executive Session.

Consideration     of    Program       Grant
Agreements by and Between the City of
Lewisville, Texas; Robert B. Payne et al;
Accelerated Christian Education, Inc.; Cobb
Gifting Trust; Majestic Lewisville Partners,
L.P., a Delaware Limited Partnership;
Majestic Lewisville Partners II, L.P., a
Delaware     Limited    Partnership,    and
Industrial   Developments     International
(Texas), L.P.; for an Area That Covers
Approximately 721 Acres of Land Which is
South of F.M. 3040, West of Edmonds Lane,
North of S.H. 121, Business and East of
Duncan Lane; Approval of an Interlocal
Cooperation Agreement With Denton
County; and Authorization for the City
Manager to Execute the Agreements                                         (Agenda Item F-22)

       (City Attorney Neiman returned to the dais. Deputy Mayor Pro Tem Ueckert was not
present at the dais.)
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                           Page 28


Consideration of Program Grant Agreements
by and Between the City of Lewisville, Texas;
Robert B. Payne et al; Accelerated Christian
Education, Inc.; Cobb Gifting Trust; Majestic
Lewisville Partners, L.P., a Delaware Limited
Partnership; Majestic Lewisville Partners II,
L.P., a Delaware Limited Partnership, and
Industrial Developments International (Texas),
L.P.; for an Area That Covers Approximately
721 Acres of Land Which is South of F.M.
3040, West of Edmonds Lane, North of S.H.
121, Business and East of Duncan Lane;
Approval of an Interlocal Cooperation
Agreement With Denton County; and
Authorization for the City Manager to Execute
the Agreements (cont’d)                                                        (Agenda Item F-22)

         Mayor Carey advised that the City has been working with the property owners of
southwest Lewisville for several years in an effort to develop a plan that would extend city
utilities into the area to stimulate development. The affected property owners will dedicate to the
City, at no cost, the necessary right-of-way to extend Valley Parkway from F.M. 3040 to S.H.
121 Business and Spinks Road from Duncan Lane to Edmonds Lane. In exchange for the
property dedication, each property owner will only be responsible for paying 50% of the costs
associated with the infrastructure development along their property frontage of the new roads.
The City will coordinate the engineering and construction of the public infrastructure, which is
expected to be complete in 20-24 months.

       Mayor Carey stated the City staff’s recommendation was that the City Council approve
the Program Grant Agreements; approve the Interlocal Cooperation Agreement with Denton
County; and authorize the City Manager to execute the agreements.

MOTION:        Upon a motion made by Councilman Thornhill and seconded by Councilman
               Tierney, the Council voted four (4) “ayes” and no (0) “nays” to approve Program
               Grant Agreements by and between the City of Lewisville, Texas; Robert B. Payne et
               al; Accelerated Christian Education, Inc.; Cobb Gifting Trust; Majestic Lewisville
               Partners, L.P., a Delaware Limited Partnership; Majestic Lewisville Partners II, L.P.,
               a Delaware Limited Partnership, and Industrial Developments International (Texas),
               L.P.; for an area that covers approximately 721 acres of land which is south of F.M.
               3040, west of Edmonds Lane, north of S.H. 121, Business and east of Duncan Lane;
               approved an Interlocal Cooperation Agreement with Denton County; and authorized
               for the City Manager to execute the agreements. The motion carried.
LEWISVILLE CITY COUNCIL
REGULAR SESSION
DECEMBER 18, 2006                                                                      Page 29


       There was no additional action taken on the items discussed during the Executive
Session.

Reports                                                                        (Agenda Item G)

      •   Quarterly Investment Report

      •   Health Plan Update

      •   Commercial Trash Collection on Holidays

      •   Chief Lasky gave an update on Santa’s visits to the neighborhoods.

      •   Director of Public Services Carole Bassinger gave an update regarding the status of
          the lake.

      •   All the City Council Members wished everyone a safe and happy holiday

      •   Mayor Carey acknowledged all the hard work retiring Police Chief Steve McFadden
          had done and wished him the best of luck in his retirement. Mayor Carey stated that
          Chief McFadden would be missed.

      There were no additional reports at this time.

Adjournment                                                                    (Agenda Item J)

MOTION:       Upon a motion made by Councilman Thornhill and seconded by Mayor Pro Tem
              Durham, the Council voted five (5) “ayes” and no (0) “nays” to adjourn the
              Regular Session of the Lewisville City Council 9:39 p.m. on Monday, December
              18, 2006. The motion carried.

      These minutes approved by the Lewisville City Council on the 8th day of January, 2007.

                                                       APPROVED

                                                       ____________________________________
                                                       Gene Carey
                                                       MAYOR
ATTEST:
________________________________
Julie Heinze, CITY SECRETARY

								
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