City Council

1200 East. Broad St. CITY OF MANSFIELD Mansfield, TX 76063 mansfieldtexas.gov Meeting Minutes - Final City Council Monday, January 9, 2017 5:00 PM Council Chambers REVISED AGENDA REGULAR MEETING 5:00 P.M. - CALL MEETING TO ORDER Mayor Cook called the meeting to order at 5:05 p.m. Present 7 - David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom RECESS INTO EXECUTIVE SESSION In accordance with the Texas Government Code, Chapter 551, Mayor Cook recessed the meeting into executive session at 5:08 p.m. Mayor Cook called the executive session to order in the Council Conference Room at 5:12 p.m. Mayor Cook adjourned executive session at 7:08 p.m. Pending or Contemplated Litigation or to Seek the Advice of the City Attorney Pursuant to Section 551.071 Seek Advice of City Attorney Regarding Pending Litigation - Cause No. 348-270155-14 Seek Advice of City Attorney Regarding the Sales Contract for the Farr Best Theatre Seek Advice of City Attorney Regarding Zoning Case #16-001 Seek Advice of City Attorney Regarding Special Event Applications Seek Advice of City Attorney Regarding Development on Corner of Broad Street and Cannon Drive Seek Advice of City Attorney Regarding a Marquee Sign for the Shops at Broad at the Intersection of US HWY 287 and E. Broad Street Seek Advice of City Attorney Regarding Proposed Development on W. Broad Street Discussion Regarding Possible Purchase, Exchange, Lease, or Value of Real Property Pursuant to Section 551.072 CITY OF MANSFIELD Page 1 City Council Meeting Minutes - Final January 9, 2017 Deliberate the Purchase, Exchange, Lease or Value of Easements and Real Property for the Pond Branch Linear Trail Project Personnel Matters Pursuant to Section 551.074 Deliberation Regarding Commercial or Financial Information Received From or the Offer of a Financial or Other Incentive Made to a Business Prospect Seeking to Locate, Stay or Expand in or Near the Territory of the City and with which the City is Conducting Economic Development Negotiations Pursuant to Section 551.087 Project #16-18 - Business Prospect Briefing Project #17-01 - Briefing 7:00 PM OR IMMEDIATELY FOLLOWING EXECUTIVE SESSION - RECONVENE INTO REGULAR BUSINESS SESSION Mayor Cook reconvened into regular business session at 7:14 p.m. INVOCATION Methodist Health Systems Vice President of Pastoral Services Reverend Ceasar Rentie led the Invocation. PLEDGE OF ALLEGIANCE Council Member Burgess led the Pledge of Allegiance. TEXAS PLEDGE "Honor the Texas Flag; I Pledge Allegiance to Thee, Texas, One State Under God; One and Indivisible" Council Member Hoffman led the Texas Pledge. CITIZEN COMMENTS There were no citizen comments. COUNCIL ANNOUNCEMENTS Council Member Lindsey had no announcements. Council Member Hoffman had no announcements. Council Member Haynes had no announcements. Council Member Burgess had no announcements. CITY OF MANSFIELD Page 2 City Council Meeting Minutes - Final January 9, 2017 Council Member Newsom had no announcements. Mayor Pro Tem Broseh had no announcements. Mayor Cook wished everyone a Happy New Year. STAFF COMMENTS City Manager Report or Authorized Representative Current/Future Agenda Items Winter Walk Update - Ann Beck Marketing and Communications Manager Ann Beck invited everyone to the Winter Walk Event to be held on Saturday, January 21, 2017 at Katherine Rose Park beginning at 9:00 a.m. Quarterly Reports - Mansfield Economic Development Corporation, Mansfield Park Facilities Development Corporation, Planning and Zoning Commission, Public Works, Code Enforcement, Development Services, Communications and Marketing, Library There were no questions regarding the quarterly reports. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION No action was taken by the Council. CONSENT AGENDA ITEMS TO BE REMOVED FROM THE CONSENT AGENDA 16-2121 Ordinance - Third and Final Reading of an Ordinance Granting an Ingress-Egress and Access Easement In, Upon, and Across City Owned Property at 1004 Magnolia Street in the City of Mansfield, Tarrant County, Texas; Authorizing the City Manager to Execute the Easement Document; Providing a Severability Clause; and Providing an Effective Date City Secretary Jeanne Heard read the caption into the record. A motion was made by Mayor Pro Tem Broseh to approve the following ordinance: AN ORDINANCE GRANTING AN INGRESS-EGRESS AND ACCESS EASEMENT IN, UPON, AND ACROSS CITY OWNED PROPERTY AT 1004 MAGNOLIA STREET IN THE CITY OF MANSFIELD, TARRANT COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT DOCUMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE CITY OF MANSFIELD Page 3 City Council Meeting Minutes - Final January 9, 2017 (Ordinance in its entirety located in the City Secretary's Office) Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 Enactment No: OR-2029-17 16-2128 Resolution - A Resolution for Authorization of Funding in an Amount not to Exceed $140,000.00 and Approval of a Contract with Dunaway Associates, L.P. for Design Services for the Magnolia Street Project (Street Bond Fund). A motion was made by Mayor Pro Tem Broseh to approve the following resolution: A RESOLUTION AUTHORIZING FUNDING IN AN AMOUNT NOT TO EXCEED $140,000.00 AND APPROVAL OF A CONTRACT WITH DUNAWAY ASSOCIATES, L.P. FOR DESIGN SERVICES FOR THE MAGNOLIA STREET PROJECT (Resolution in its entirety located in the City Secretary's Office) Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 Enactment No: RE-3320-17 16-2148 Resolution - A Resolution Authorizing the City of Mansfield to Enter an Interlocal Agreement with Tarrant County for the Reconstruction of E. Kimball Street From Main Street to the Dead End and Construct a Temporary Roadway that will Connect the Public Parking Lot to E. Kimball Street for a Cost Not to Exceed $60,000.00 (Downtown TIRZ and Street Maintenance Fund) A motion was made by Mayor Pro Tem Broseh to approve the following resolution: A RESOLUTION OF THE CITY OF MANSFIELD, TEXAS, AUTHORIZING FUNDING IN AN AMOUNT NOT TO EXCEED $60,000.00 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE RECONSTRUCTION OF E. KIMBALL STREET FROM MAIN STREET TO THE EAST DEAD END AND CONSTRUCTION OF A TEMPORARY ROADWAY TO SERVE THE PUBLIC PARKING LOT AT 109 S. MAIN STREET (Resolution in its entirety located in the City Secretary's Office) CITY OF MANSFIELD Page 4 City Council Meeting Minutes - Final January 9, 2017 Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 Enactment No: RE-3321-17 16-2150 Resolution - A Resolution Authorizing the City of Mansfield, Texas to Enter into a Chapter 380 Agreement with Bloomfield Homes, L.P. for the Purpose of Promoting Economic Development within the City of Mansfield, Texas; and Approving Other Matters Related Thereto A motion was made by Mayor Pro Tem Broseh to approve the following resolution: A RESOLUTION AUTHORIZING THE CITY OF MANSFIELD, TEXAS TO ENTER INTO A CHAPTER 380 AGREEMENT WITH BLOOMFIELD HOMES, L.P. FOR THE PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT WITHIN THE CITY OF MANSFIELD, TEXAS; AND APPROVING OTHER MATTERS RELATED THERETO (Resolution in its entirety located in the City Secretary's Office) Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 Enactment No: RE-3322-17 16-2151 Minutes - Approval of the December 12, 2016 - 6:00 p.m. Regular City Council Meeting Minutes A motion was made by Mayor Pro Tem Broseh to approve the minutes of the December 12, 2016 - 6:00 p.m. Regular City Council Meeting as presented. Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 16-2152 Minutes - Approval of the December 12, 2016 - 7:00 p.m. Regular City Council Meeting Minutes CITY OF MANSFIELD Page 5 City Council Meeting Minutes - Final January 9, 2017 A motion was made by Mayor Pro Tem Broseh to approve the minutes of the December 12, 2016 - 7:00 p.m. Regular City Council Meeting as presented. Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 END OF CONSENT AGENDA OLD BUSINESS 16-2115 Ordinance - Third and Final Reading on an Ordinance Approving a Zoning Change from PR, Pre-Development to Planned Development for Office/Retail Uses on Approximately 3.95 Acres Located at 1209 N Day Miar Road; HCC Contracting, Inc (ZC#16-013) Jeanne Heard read the caption into the record. HCC Contracting, Inc. representative Darren McDougald made a brief powerpoint presentation. A motion was made by Council Member Newsom to approve the following ordinance: AN ORDINANCE OF THE CITY OF MANSFIELD, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MANSFIELD, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTIES TO A PD, PLANNED DEVELOPMENT DISTRICT FOR OFFICE/RETAIL USES, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE (Ordinance in its entirety located in the City Secretary's Office) Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 Enactment No: OR-2030-17 PUBLIC HEARING 16-2142 Public Hearing and Consideration of a Request for an Alternate Location for a Roof-Mounted Solar Panel System Under Section 7800.B.37.H of the CITY OF MANSFIELD Page 6 City Council Meeting Minutes - Final January 9, 2017 Zoning Ordinance to Allow Solar Panels on the Front Roof Slope of the House Facing a Public Street at 405 Forestridge Drive; Steve Owusu-Ansah (SP#17-001) Solar City Company representative Jaime Thomas made brief comments and answered Council questions. Homeowner Steve Owusu-Ansah made brief comments. Mayor Cook opened the public hearing at 7:30 p.m. With no one wishing to speak, Mayor Cook closed the public hearing. Director of Planning Felix Wong answered Council questions. A motion was made by Council Member Lindsey to approve the request. Seconded by Mayor Pro Tem Broseh. The motion FAILED by the following vote: Aye: 3- Stephen Lindsey;Larry Broseh and Darryl Haynes Nay: 4- David Cook;Wendy Burgess;Cory Hoffman and Brent Newsom Abstain: 0 PUBLIC HEARING AND FIRST READING 16-2146 Ordinance - Public Hearing and First Reading on an Ordinance Approving a Zoning Change from PR, Pre Development to PD, Planned Development for Office, Retail and Service Uses on Approximately 3.296 Acres Generally Located South of Mansfield-Webb Road and approximately 470 feet West of the City Limits; Mansfield-Webb, LLC (ZC#16-016) Jeanne Heard read the caption into the record. Macatee Engineering representative Dayton Macatee made a brief powerpoint presentation and answered Council questions. BQ Construction representative James Johnston answered Council questions. Council requested the applicant bring back at the second reading a drawing with windows in the rear of the buildings; and notation of where the air conditioning units will be and how they will be screened. A motion was made by Council Member Hoffman to approve the first reading of "AN ORDINANCE OF THE CITY OF MANSFIELD, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MANSFIELD, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTIES TO A PD, PLANNED DEVELOPMENT DISTRICT FOR OFFICE, RETAIL AND SERVICE USES, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE." Seconded by Mayor Pro Tem Broseh. The motion CARRIED by the following vote: Aye: 6- Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 1- David Cook Abstain: 0 16-2149 Ordinance - Public Hearing and First Reading of an Ordinance Changing the Speed Limit on US Highway 287 between Lone Star Road and South City Limits to a Regulatory Construction Speed of 55 MPH CITY OF MANSFIELD Page 7 City Council Meeting Minutes - Final January 9, 2017 Jeanne Heard read the caption into the record. Director of Public Works Bart VanAmburgh made brief comments and answered Council questions. Mayor Cook opened the public hearing at 7:56 p.m. With no one wishing to speak, Mayor Cook continued the public hearing through second reading at 7:56 p.m A motion was made by Mayor Pro Tem Broseh to approve the first reading of "AN ORDINANCE AMENDING CHAPTER 73, OF THE TRAFFIC CODE OF ORDINANCES, CITY OF MANSFIELD, TEXAS, PURSUANT TO SECTION 545.356 OF THE TEXAS TRANSPORTATION CODE CONCERNING THE AUTHORITY TO ALTER SPEED LIMITS ON SPECIFIC STREETS AND HIGHWAYS BEING AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 545.356 OF THE TEXAS TRANSPORTATION CODE, REGULATING SPEED LIMITS ON HIGHWAYS AND ROADWAYS, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION WITHIN THE CORPORATE LIMITS OF THE CITY OF MANSFIELD AS SET OUT IN THE ORDINANCE: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF AN EFFECTIVE DATE; AND PROVIDING A PENALTY." Seconded by Council Member Newsom. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 PUBLIC HEARING CONTINUATION AND SECOND READING 16-2125 Ordinance - Public Hearing Continuation and Second Reading on an Ordinance Approving a Zoning Change from PR, Pre-Development to I-1, Light Industrial District on Approximately 14.5 Acres Generally Located West of S. 7th Avenue and North of Hanks Drive; Mansfield Economic Development Corporation (ZC#16-021) Felix Wong made brief comments. Mayor Cook continued the public hearing at 7:57 p.m. With no one wishing to speak, Mayor Cook closed the public hearing at 7:57 p.m. A motion was made by Council Member Newsom to approve the second reading of "AN ORDINANCE OF THE CITY OF MANSFIELD, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MANSFIELD, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTIES TO I-1 LIGHT INDUSTRIAL DISTRICT CLASSIFICATION, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE." Seconded by Mayor Pro Tem Broseh. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 CITY OF MANSFIELD Page 8 City Council Meeting Minutes - Final January 9, 2017 Abstain: 0 16-2138 Ordinance - Public Hearing Continuation and Second Reading on an Ordinance Approving a Zoning Change from PR, Pre-Development to PD, Planned Development for Single Family Residential Use on Approximately 15.46 Acres Generally Located About 1,300’ South of the Southeast Corner of N. Matlock Road and E. Debbie Lane; Skorburg Company (ZC#16-017) Skorburg Company representative Noah Flabiano made a brief powerpoint presentation and answered Council questions. Skorburg Company representative Adam Buczek answered Council questions. Mayor Cook continued the public hearing at 8:06 p.m. With no one wishing to speak, Mayor Cook closed the public hearing at 8:06 p.m. A motion was made by Council Member Hoffman to approve the second reading of "AN ORDINANCE OF THE CITY OF MANSFIELD, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MANSFIELD, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTIES TO A PD, PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY RESIDENTIAL USE, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE." Seconded by Council Member Lindsey. The motion CARRIED by the following vote: Aye: 6- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh and Darryl Haynes Nay: 1- Brent Newsom Abstain: 0 NEW BUSINESS 16-2131 Ordinance - First Reading of an Ordinance Amending the PCS Site Lease Agreement and First Amendment to PCS Site Lease Agreement for the City-Owned Property at James McKnight Park East in the City of Mansfield, Tarrant County, Texas; Authorizing the City Manager to Execute the Easement Document; Providing a Severability Clause; and Providing an Effective Date Jeanne Heard read the caption into the record. Director of Parks and Community Services Matt Young made brief comments and answered Council questions. A motion was made by Mayor Pro Tem Broseh to approve the first reading of "AN ORDINANCE AMENDING THE PCS SITE LEASE AGREEMENT AND FIRST AMENDMENT TO PCS SITE AGREEMENT FOR THE CITY-OWNED PROPERTY AT JAMES MCKNIGHT PARK EAST, IN THE CITY OF MANSFIELD, TARRANT COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EASEMENT DOCUMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." Seconded by Council Member Hoffman. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom CITY OF MANSFIELD Page 9 City Council Meeting Minutes - Final January 9, 2017 Nay: 0 Abstain: 0 16-2145 Resolution - A Resolution of the City Council of the City of Mansfield, Texas, Approving an Economic Development and Performance Agreement By And Between The Mansfield Economic Development Corporation (MEDC) and Midwest Property, LLC and Authorizing Its Execution by the President of the MEDC;and Providing an Effective Date Director of Economic Development Scott Welmaker made brief comments. A motion was made by Council Member Newsom to approve the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANSFIELD, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AND PERFORMANCE AGREEMENT BY AND BETWEEN THE MANSFIELD ECONOMIC DEVELOPMENT CORPORATION ("MEDC") AND MIDWEST PROPERTY, LLC AND AUTHORIZING ITS EXECUTION BY THE PRESIDENT OF THE MEDC; AND PROVIDING AN EFFECTIVE DATE (Resolution in its entirety located in the City Secretary's Office) Seconded by Mayor Cook. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 Enactment No: RE-3323-17 ADJOURN A motion was made by Council Member Hoffman to adjourn the meeting at 8:10 p.m. Seconded by Council Member Newsom. The motion CARRIED by the following vote: Aye: 7- David Cook;Stephen Lindsey;Wendy Burgess;Cory Hoffman;Larry Broseh;Darryl Haynes and Brent Newsom Nay: 0 Abstain: 0 _________________________________________ David L. Cook, Mayor ATTEST: _________________________________________ Jeanne Heard, City Secretary CITY OF MANSFIELD Page 10