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1 City of Grand Prairie Meeting Agenda City Hall 317 College Street Grand Prairie, Texas City Council Development Committee Monday, September 18, :00 PM Council Briefing Room Call to Order Agenda Items Consider Minutes of August 14, Attachments: CCDC Draft Minutes.pdf Article 4: Permissible Uses, Section Public Notice, to include sending surrounding property owner notices in the same manner as a zoning case; and Article 22: Fee Schedule, Section Permit/Advertisement Fees for Temporary Concrete Batch Plants, to establish a fee covering the cost of such notices Authorize the City Manager to accept a Routine Airport Maintenance Program (RAMP) Grant from Texas Department of Transportation - Aviation Division (TxDOT-Aviation) in the amount of $100,000 ($50,000 City/$50,000 TxDOT-Aviation). Attachments: Airport xlsx Assignment of Lease Agreement - Chad Ferrell, Aviator Air, LLC to Nataly Vivero Alvarez & Jorge Barrios Martinez, Radial Engine Restaurant, LLC. Attachments: Aviator Air LLC Assignment to Radial Engine Restaurant LLC_1 - no extended t Resolution establishing a policy concerning City property along creeks and drainage ways that are to be left in their natural state Executive Session The City Council Development Committee may conduct a closed session pursuant to Chapter 551, Subchapter D of the Government Code, V.T.C.A. to discuss the following: 1. Section Consultation with Attorney 2. Section Deliberation Regarding Real Property 3. Section Personnel Matters 4. Section Deliberations Regarding Economic Development Negotiations Adjournment City of Grand Prairie Page 1

2 City Council Development Committee Meeting Agenda September 18, 2017 Certification In accordance with Chapter 551, Subchapter C of the Government Code, V.T.C.A. the City Council Development Committee agenda was prepared and posted by 5:00 p.m. this Friday, September 15, Mona Lisa Galicia City Hall is wheelchair accessible. If you plan to attend this public meeting and you have a disability that requires special arrangements, please call Mona Lisa Galicia at at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. City of Grand Prairie Page 2

3 City of Grand Prairie City Hall 317 College Street Grand Prairie, Texas Legislation Details (With Text) File #: Version: 1 Name: CC Draft Minutes of August 14, Type: Agenda Item Status: Agenda Ready - Committee File created: On agenda: 9/8/2017 In control: City Council Development Committee 9/18/2017 Title: Consider Minutes of August 14, Sponsors: Indexes: Code sections: Attachments: CCDC Draft Minutes.pdf Final action: Date Ver. Action By Action Result From Chris Hartmann Title Consider Minutes of August 14, Presenter Assistant City Manager Bill Crolley Recommended Action Approve Analysis City of Grand Prairie Page 1 of 1 powered by Legistar

4 City Council Development Committee Regular Meeting Minutes August 14, 2017 City Hall, Council Briefing Room 317 College Street Grand Prairie, Texas Chairman Tony Shotwell called a regular meeting of the City Council Development Committee to order at 4:00 p.m. Committee Members Present Deputy Mayor Pro Tem Jeff Wooldridge Council Member Tony Shotwell Committee Members Absent Council Member Jeff Copeland 1. Consider Minutes of July 17, Chairman Shotwell states the committee approves the minutes of July 17, Amending the UDC, Article 11, Section 12. Allowing the use and sale of alcoholic beverages at the former Fire Station #1 on Main Street. Director of Development Services Steve Norwood stated we would like to add Fire Station #1 to the list of uses that allow alcohol sales at city venues since the Station would still be owned by the City and only leased by the tenant. Chairman Shotwell stated the committee supports the changes. 3. Amending the UDC, Article 8, Exhibit 5 to allow Palm trees on the recommended list of large and medium trees. Director of Development Services Steve Norwood stated Councilmember Del Bosque asked staff look into adding Palm Trees to the ordinance of recommended trees for future developments. Chairman Shotwell stated the committee supports the changes. 4. Discussion and consideration of a moratorium or limiting the number of variety stores such as Dollar General, Family Dollar, etc due to public health and safety. Police Chief Dye presented the Committee with some data regarding thefts and crimes committed relating to Dollar Stores, General Dollar, etc. These stores have less security guard s than bigger box stores like Wal-Mart and Kroger. Most of these stores are located in lower citizen areas with not much security.

5 Economic Director Marty Wieder said these types of stores do have an impact on future development. There is a concern with the quality of the products sold at these stores presenting the committee with some handouts of articles relating to unhealthy products sold at Dollar stores. Chairman Shotwell said we need to have more marketing for grocery stores in the northern sector of the City. He was told there were not enough roof-tops to support a grocery store, what is the State Law on moratoriums. Assistant City Attorney Megan Mahan stated the State Law allows for a six months moratorium or a total of ninety days. Mr. Shotwell asked staff what they plan on doing in these ninety days. Mr. Wieder stated staff would conduct further research on what can be done to make sure these types of businesses are safe. Staff is working on bringing in a grocery store in the north part of the city. Chief Dye stated staff would be bringing forward a convenience store ordinance, based on the size, type of business, and security. Mr. Shotwell said there is no grocery store in north Grand Prairie therefore they have to either go to a Dollar Store or a grocery store in Irving, ninety days should be sufficient time for a study in order to keep the citizens and employees safe. He asked that the study start now and take the moratorium to the City Council in October, since there are currently no applications submitted for these types of uses. Councilman Wooldridge said if more than ninety days are needed then they can extend the moratorium. Chairman Shotwell stated the committee supports ninety day moratorium. 5. Construction Manager at Risk (CMAR) Contract with Pogue Construction for preconstruction services for additions and renovations to Warmack Library in the amount of $7,500 and approve a Construction Services Fee of 4.00% to be applied to the actual approved construction costs for the library additions and renovations. Library Director Amy Sprinkles stated the Warmack Library is a much used and vital part of the Grand Prairie community. The facility continues to increase its popular programming, expand hours, and increase the number of computers for adults and children. On average, Warmack is visited by 125,000 people per year, racks up 30,000 hours on public computers, checks out 100,000 items, issues 2,400 library cards and hosts 300+ programs which are attended by 10,000+people. The current building is approximately 10,000 square feet with the need to nearly double that size in order to better accommodate the significantly increased attendance generated throughout the past several years. On November 15, 2016 the City Council approved an architectural design contract with Komatsu Architects. Funding for a Construction Manager at Risk Contract with Pogue Construction for pre-construction services for additions and 2

6 renovations to Warmack Library in the amount of $7, and approve a Construction Services Fee of 4.00% to be applied to the actual approved construction costs for the library additions and renovations is available in the Library Capital Projects Fund (402093) WO # (Warmack Expansion) Councilman Wooldridge asked if they have met with the HOA to discuss the expansion. Mrs. Sprinkles replied no, but they can reach out the HOA s and post the expansion at the library and send out notices. Chairman Shotwell stated the committee supports the expansion. 6. Ordinance amending the FY 2016/2017 Capital Improvement Project Budget; Construction contract with Klutz Construction for the North Side Drainage Repairs and TW'B' culvert Replacement at the Grand Prairie Municipal Airport, in the amount of $430,626.10, 5% contingency in the amount of $21,531 and Material Testing with Team Consultants in the amount of $7,338 for a total project cost of $459, Airport Director Mark Davitia sated the Northwest drainage improvement project at Grand Prairie Municipal Airport has been developed to repair and mitigate an on-going drainage and erosion problems that is getting dangerously close to Taxiway B and Runway 17. Addressing the problem will ensure safety of flight and taxiing aircraft are provided a safe environment to operate. This project will replace undersized drainage culverts with two new larger sized drainage culverts, replace a portion of Taxiway B, extend drainage pipes and headwalls to mitigate future erosion, re-grade the open ditches to repair erosion and allow for mowing, and repair two underground storm water pipes on the east side of the runway that connect to the northwest drainage area. Bids were received and opened publicly on Tuesday, August 1, 2017 at the City of Grand Prairie. A total of three bids were received. Construction is scheduled to start in the first week of September 2017 with estimated completion in Mid-December Chairman Shotwell stated the committee supports the ordinance. 7. Resolution authorizing the City Manager to enter into an Interlocal Agreement with Dallas County Governing Co-Sponsored and/or Co-Funded Road & Bridge Maintenance Projects. Director of Public Works Ron McCullar stated the City of Grand Prairie and Dallas County often participate in maintenance projects together such as Camp Wisdom Road rehabilitation and the Rock Island Bridge. The agreement, allowing us to work together on such projects, expires on December 21, In order to continue this partnership with Dallas County, the city needs to execute a new the interlocal agreement. This new agreement will allow continuation of the partnership until December 31, Chairman Shotwell stated the committee supports the Resolution. 3

7 8. Ordinance amending the FY 2016/2017 Capital Improvement Projects Budget; Developer Participation Agreement for First Texas Homes for $506,000, and a 5% contingency in the amount of $25,300; a 4% labor distribution in the amount of $20,240 and a 2.5% material testing in the amount of $12,650, for a total requested amount of $564,190. Mr. Bill Crolley stated La Jolla Phase 2 and 3 are residential development at the southeast corner of Arlington Webb-Britton Road and Grandway within the Mira Lagos area of Grand Prairie. Arlington Webb-Britton and Grandway are not built to their respective ultimate capacities at this time. It is proposed that the widening to Arlington Webb-Britton and Grandway are to be constructed in conjunction with the Phase 2 and Phase 3 of the La Jolla residential developments so that roadway construction will be completed with the completion of the subdivision construction. The City Council has previously discussed this agreement. JBI Partners is the design engineer for the La Jolla development and has provided the design documents for the roadway and utilities for Arlington Webb-Britton and Grandway. This agreement is proposed for construction with First Texas Homes including water, paving and drainage that will allow this area to be "Development Ready." This agreement covers the City CIP portion that the Developer is constructing instead of the City constructing to take advantage of the other work done by the Developer. This is being done at a substantial savings to the City' CIP for this infrastructure. Chairman Shotwell stated the committee supports the ordinance. Other Business: Councilman Wooldridge asked if a brick-base can be a requirement on all future billboards. City Attorney Don Postell stated there has been an effort to reduce the amount of billboards within the city that is where the brick base came from. Mr. Crolley said staff can change the ordinance requirements for future billboards, but not on existing ones. Councilman Wooldridge noted the landscaping on Hwy 114 to northern Grapevine has been maintained by TxDOT, and asked why has the landscaping along SH-360 in Grand Prairie has not. Walter Shumac stated he is sure the City of Grapevine is paying to maintain the landscaping, he would into it and see how much it is costing maintain the landscaping. Mr. Shumac said he is still waiting on a response from TxDOT on the MacArthur sing along I- 30. With no other business, the meeting was adjourned at 4:50 p.m. Council Member Tony Shotwell, Chairman 4

8 City of Grand Prairie City Hall 317 College Street Grand Prairie, Texas Legislation Details (With Text) File #: Version: 1 Name: Text Amendment - Article 4 & Article 22 Temporary Concrete Batch Plants Type: Agenda Item Status: Agenda Ready - Committee File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: 9/12/2017 In control: City Council Development Committee 9/18/2017 Final action: Article 4: Permissible Uses, Section Public Notice, to include sending surrounding property owner notices in the same manner as a zoning case; and Article 22: Fee Schedule, Section Permit/Advertisement Fees for Temporary Concrete Batch Plants, to establish a fee covering the cost of such notices. Date Ver. Action By Action Result From Chris Hartmann Title Article 4: Permissible Uses, Section Public Notice, to include sending surrounding property owner notices in the same manner as a zoning case; and Article 22: Fee Schedule, Section Permit/Advertisement Fees for Temporary Concrete Batch Plants, to establish a fee covering the cost of such notices. Presenter Chief City Planner David Jones, AICP Recommended Action Approve Analysis Financial Consideration None City of Grand Prairie Page 1 of 1 powered by Legistar

9 City of Grand Prairie City Hall 317 College Street Grand Prairie, Texas Legislation Details (With Text) File #: Version: 1 Name: 2018 RAMP Type: Agenda Item Status: Consent Agenda File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: 9/7/2017 In control: Airport 9/19/2017 Final action: Authorize the City Manager to accept a Routine Airport Maintenance Program (RAMP) Grant from Texas Department of Transportation - Aviation Division (TxDOT-Aviation) in the amount of $100,000 ($50,000 City/$50,000 TxDOT-Aviation). Airport pdf Date Ver. Action By Action Result From Mark J. Divita Title Authorize the City Manager to accept a Routine Airport Maintenance Program (RAMP) Grant from Texas Department of Transportation - Aviation Division (TxDOT-Aviation) in the amount of $100,000 ($50,000 City/ $50,000 TxDOT-Aviation). Presenter Mark J. Divita, C.M., Airport Director Recommended Action Approve Analysis Through the RAMP program, TxDOT-Aviation assists airports in maintenance of their facilities by providing funding for fifty percent (50%) of the cost for specific maintenance items. For FY 2018, the airport has been offered a RAMP grant for $100,000 ($50,000 City/$50,000 TxDOT Aviation). Items included in the scope of work are pavement improvements, marking, airport guidance signs, security improvements, landscaping, and other maintenance needs of the airport. All local and state procurement laws will be followed as necessary for the various RAMP purchases and service agreements. Financial Consideration Funding in the amount of $50,000 is included in the Airport Capital Projects Fund ( ) proposed budget for FY The City's match will be transferred to the airport Grant Fund City of Grand Prairie Page 1 of 2 powered by Legistar

10 File #: , Version: 1 City of Grand Prairie Page 2 of 2 powered by Legistar

11 Fund/Activity Account: Project Title: Current Request: CITY OF GRAND PRAIRIE CAPITAL PROJECTS BUDGET SUMMARY RAMP Grant ACCOUNT CURRENT AVAILABLE CURRENT REVISED AMENDED DESCRIPTION BUDGET BALANCE REQUEST BALANCE BUDGET Trsf Airport Grant (90081) $50,000 $50,000 $0 $50,000 $50,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL $50,000 $50,000 $0 $50,000 $50,000

12 City of Grand Prairie City Hall 317 College Street Grand Prairie, Texas Legislation Details (With Text) File #: Version: 1 Name: Radial Cafe, LLC - Lease Assignment Type: Agenda Item Status: Consent Agenda File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: 9/6/2017 In control: Airport 9/19/2017 Final action: Assignment of Lease Agreement - Chad Ferrell, Aviator Air, LLC to Nataly Vivero Alvarez & Jorge Barrios Martinez, Radial Engine Restaurant, LLC. Aviator Air LLC Assignment to Radial Engine Restaurant LLC_1 - no extended term.pdf Date Ver. Action By Action Result From Mark J. Divita Title Assignment of Lease Agreement - Chad Ferrell, Aviator Air, LLC to Nataly Vivero Alvarez & Jorge Barrios Martinez, Radial Engine Restaurant, LLC. Presenter Mark J. Divita, Airport Director Recommended Action Approve Analysis On Nov 1, 2016, Chad Ferrell, Aviator Air, LLC, assumed the Café lease from the previous lessee to operate a restaurant in the Airport Terminal at the Grand Prairie Municipal Airport. The term of the lease expires April 31, Mr. Ferrell now seeks to assign his rights under that agreement to Nataly Vivero Alvarez & Jorge Barrios Martinez, Radial Engine Restaurant, LLC. Nataly Vivero Alvarez & Jorge Barrios Martinez have been café employees working in the café under Mr. Ferrell. Mr. Ferrell has agreed to donate all food stuffs and 2 months of accounting training to Nataly Vivero Alvarez & Jorge Barrios Martinez in order to ensure a smooth transition. The Café is viewed as an amenity and asset to the airport, the flying public and the local community. The original lease began May 1, 2013 and will expires in April 2018; the lease was for a five (5) year term with one (1) additional optionable five (5) year term. City will propose that a new rent structure be put in place on the new lease. City of Grand Prairie Page 1 of 2 powered by Legistar

13 File #: , Version: 1 Financial Consideration Rent collected for the first six months shall be waived in order to help the café proprietor get on their feet. The Airport will aid with advertising in order to ensure the Café is successful. City of Grand Prairie Page 2 of 2 powered by Legistar

14 STATE OF TEXAS COUNTY OF TARRANT APPROVAL OF ASSIGNMENT OF LEASE CONTRACTS AND ASSUMPTION OF OBLIGATIONS This APPROVAL OF ASSIGNMENT OF LEASE CONTRACT AND ASSUMPTION OF OBLIGATIONS (Assignment) is executed as of the day of, 2017, to be effective for all purposes as of, 2017 (the Effective Date), by and between Chad Ferrell, President, Aviator Air. LLC, Assignor, and Radial Engine Restaurant, LLC, a Texas Limited Liability Corporation, Assignee, and the City of Grand Prairie, a Texas home rule City, Landlord (hereinafter City). WHEREAS, on November 1, 2016, Chad Ferrell, Aviator Air, LLC, entered into a Contract or License Agreement with the City to operate a restaurant in the Airport Terminal at Grand Prairie Municipal Airport located in Tarrant County, Texas, such leased area and improvements described in such Contract and License Agreements an any addendums or amendments to them; and WHEREAS, Assignor has conveyed to Assignee the assets of the airport location for the business, limited to the operations in Grand Prairie, the property subject to the Lease Contract or License Agreement, and in accordance therewith, desires to transfer any and all rights Assignor may have in and to the Contract or License Agreement as provided herein; and WHEREAS, on the day of, 2017, the City Council of the City of Grand Prairie, Texas formally approved and ratified the Assignment of Aviator Air s rights under this Agreements; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein, together with Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Assignor does hereby assign, transfer, and convey to Assignee any and all rights Assignor has or had in and to the Contract and Addendums to the License Agreement with the City of Grand Prairie regarding the Property referenced therein from and after the Effective Date. 2. Assignee does hereby assume and agree to be responsible for any and all obligations of Assignor under the Contract and to the License Agreement regarding the Property from and after the Effective Date, and by signing this Agreement represents that it is so bound.

15 3. This Assignment is binding upon, and shall inure to the benefit of, the successors and assigns of the parties hereto. 4. Rent shall be waived for the first six (6) months of this assignment. After which rent shall be adjusted to an amount determined by the Airport Director to ensure the Café sustains operations and customer service at a satisfactory level. 5. Upon expiration of the initial term and all option years, Assignee shall have the first right of refusal to enter into a new agreement to provide restaurant service in the terminal. 6. The City Manager is authorized to evidence the City s consent and ratification of the assignment, indicating the City s formal approval of said assignment. Executed as of the day and date first hereinabove written. ASSIGNOR: Aviator Air, LLC by: Chad Ferrell, President ASSIGNEE: Radial Engine Restaurant, LLC by: Jorge Barrios Martinez, Owner/Member by: Nataly Viveros Alvarez, Owner/Member This Assignment is executed by the City of Grand Prairie, Texas, solely to evidence its consent and/or ratification to the Assignment, as authorized by Council by action dated the day of, THE CITY OF GRAND PRAIRIE, TEXAS by: Bill Crolley, Assistant City Manager ATTEST APPROVED AS TO FORM: Catherine E. DiMaggio, City Secretary Stephen Alcorn, Assistant City Attorney

16 City of Grand Prairie City Hall 317 College Street Grand Prairie, Texas Legislation Details (With Text) File #: Version: 1 Name: Resolution - Maintenance Policy for Properties along Creeks and Natural Drainage Ways Type: Resolution Status: Consent Agenda File created: On agenda: Title: Sponsors: Indexes: Code sections: Attachments: 8/28/2017 In control: Transportation 9/19/2017 Final action: Resolution establishing a policy concerning City property along creeks and drainage ways that are to be left in their natural state Date Ver. Action By Action Result From Anda Upchurch Title Resolution establishing a policy concerning City property along creeks and drainage ways that are to be left in their natural state Presenter Steve Norwood, Director of Development Services Recommended Action Approve Analysis The City of Grand Prairie receives numerous calls and complaints every year regarding the vegetation on Cityowned property along creeks, channels and drainage ways. City staff removes dead and/or fallen vegetation when it blocks the natural drainage flow path. City staff does not trim vegetation that overhangs private property, except as may be necessary in the public interest or to ensure public safety. This resolution provides a formal policy with regards to these areas remaining in their natural state. The policy was developed with input from the City s arborist, the City Attorneys Office, the Public Works/Streets Department, and the Stormwater Department, as well as in consideration of local and federal regulations. Financial Consideration No funding is required for this Resolution. Body A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, ESTABLISHING A POLICY CONCERNING CITY PROPERTY ALONG CREEKS AND DRAINAGE WAYS THAT ARE TO City of Grand Prairie Page 1 of 2 powered by Legistar

17 File #: , Version: 1 BE LEFT IN THEIR NATURAL STATE WHEREAS, The City of Grand Prairie owns properties along creeks and natural drainage ways that provide benefits to the community when left in their natural state. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. It is hereby determined to be in the best interests of the City of Grand Prairie, Texas and its inhabitants to adopt the following maintenance policy: 1. The City of Grand Prairie allows the city-owned properties along creeks, channels and drainage ways to remain in their natural state. City staff does not cut, prune, trim, remove or otherwise alter the natural vegetation, except as may be necessary in the public interest or to ensure public safety. 2. City staff can remove dead and/or fallen vegetation that is blocking the natural drainage path. 3. Per Federal Law, the tree owner does not have a duty to trim trees or vegetation that overhang a fence or property line. The adjacent landowner has the legal right to trim the tree back to the property line. (Westergard v. Whatley, 1995) Therefore, City staff will not trim, prune or otherwise maintain vegetation along a City-owned property that overhangs onto another property except as may be necessary in the public interest or to ensure public safety. 4. Some areas located along creeks are, or have the potential to be, determined as federally protected wetlands mitigation areas. In such cases, the U. S. Army Corps of Engineers (USACE) determines allowable maintenance activities according to Section 404 of the Clean Water Act. In areas already deemed to be protected wetlands, USACE states that the property shall not be disturbed except for those USACE-approved activities that would not adversely affect the intended extent, condition, and function of the mitigation area. USACE permission must be obtained prior to any maintenance activities by City staff in wetlands areas. 5. Some areas along creeks have been dedicated as easements with strict requirements that the areas are to be preserved in their natural state. Therefore, City staff will not trim, prune, or otherwise maintain vegetation in these protected easements except as may be necessary in the public interest or to ensure public safety. SECTION 2. The City of Grand Prairie hereby agrees to allow these areas to remain in their natural state unless it may be necessary in the public interest or to ensure public safety to alter their natural state. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 19TH DAY OF SEPTEMBER, City of Grand Prairie Page 2 of 2 powered by Legistar