City Council - Regular Meeting

Honor the Texas flag. I pledge allegiance to thee, Texas, one state under God, one and indivisible.

Absolutely. Thank you, Mayor, for giving me the honor of doing this. It's a true honor. So if you think about it, we just celebrated our 250th anniversary on July the 4th. Eleven years later, we had our Constitution. So this week, or the week of the 17th and 23rd, we'll be celebrating the 239th anniversary of the American Constitution. The United States Constitution, America's most important document, stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms, and edible rights. Constitution Week is celebrated annually during the week to commemo

All right, ladies and gentlemen, if we can come back to order please.

Look at this one. I know, that's an awe. And you can see that one eye missing, but he is a beauty. He is a beauty. So let's go ahead and meet Hayes. He is a nine to 10 year old who has the sweetest, gentlest soul you'll ever meet. Hayes may only have one eye, but that does not stop him from showing his love to everyone he meets. Once you meet him, you will notice his calm, quiet, and easygoing personality. And there's a bonus with him. Hayes does not react to other dogs, even gets along with cats, and we tested today, and he also gets along with council person Carter Halston. Hayes is looking

Yes, thank you, Mayor. I move that the items be approved as read.

I DON'T HAVE ANY QUESTIONS BUT I JUST HAVE A STATEMENT. I had this pulled so that the citizens would know. There's a couple of people that did email us wanting to know about it. They're very important for the safety of the motorists and the firefighters and police officers out there. We have had an engine on 190 that was completely destroyed. And we as taxpayers had to pay the bill to get that fixed because the car that hit it, insurance only covered up to $50,000 and that's not very much money when it comes to about a 3 million to 5 million truck. Most importantly, the thing that I'm looking

Yes, mayor. I would make a motion that we adopt a resolution authorizing the purchase of the two Kenworth tracking blocking trucks from Texas Kenworth Company LLC doing business as MHC Kenworth out of Fort Worth as authorized dealer for the Kenworth Truck Company through a source will cooperative purchasing contract for the price not to exceed $396,100. That was what I came to $1,000. Is that $1,000? $100. 100. Authorizing the interim city manager and his designee to execute all necessary documents effective said.

Yeah, there's the presentation. Be happy to entertain that. I always enjoy seeing our business community and seeing that they're represented here. So I noticed the chambers here as well. So if there's a presentation, happy to look at that.

OK. All right. Well, generally, if the city manager could give us the highlights of this agreement, that would be helpful for our citizens and us.

Prior to moving forward, is there possible that we can move into executive session to get some legal advice from the city attorney?

Thank you, mayor. I move that we approve the funding agreement with the chamber as presented with one amendment. And that amendment is to add section 2.8 for the term of the agreement. The chamber shall semi-annually provide the city with an update of the chamber activities to the city council.

Mayor, I've got a couple questions. Brian, thank you for your presentation. I will readily admit I haven't been on council for 18 months, so I don't know the full process, but I do have some questions. First of all, I believe around July 29th, we awarded this bid to another contractor. Is that correct?

SO WE HAD A BID IN HAND. CORRECT. DO YOU RECALL THE AMOUNT OF THAT BID? WAS IT AROUND $709,000?

Okay. I seem to recall that we were focused on a bid of a $709,000. Is that correct? RIGHT. NOW THAT BID IS WHAT, 993,000? NOW THAT BID IS WHAT, 993,000? NOW THAT BID IS WHAT, 993,000?

SO DID THE SCOPE CHANGE SO DID THE SCOPE CHANGE SO DID THE SCOPE CHANGE SIGNIFICANTLY THAT WOULD HAVE SIGNIFICANTLY THAT WOULD HAVE SIGNIFICANTLY THAT WOULD HAVE INCREASED THIS NEW BID?

Okay, so quick math. That's about $284,000 additional expense since this 709 for the same work, correct?

AND DO YOU THINK THAT LOWEST BIDDER WAS QUALIFIED PREVIOUSLY?

So now it seems like we wouldn't recommend them.

Well, I'm just trying to evaluate how the same scope rose by 40%. And we have a $284,000 additional cost from a low bidder previously. And so it seems sort of odd to me that they would have bid $709,000 and then not bid again, right? That seems unusual to me. Is that your experience?

WERE WE PRESENTED THE DECISION TO MAKE AT THE 709,000 OR IS THIS COUNCIL?

OKAY. AGAIN, I DON'T WANT TO HOLD ANYTHING WITH THIS PROJECT BECAUSE As I said, I haven't been here for 18 months, but there are some citizens that have that have been walking through this process. So it does seem to me that whoever this bidder was, and now they withdrew, and then we had a contractor draw drawings that were incorrect. It makes me want to ask, is there anything else that we should be looking at that we haven't considered regarding this particular project. Needless to say, this has not been our finest hour. Would you agree? Okay, you don't have to answer that. Okay. I would also

So what I heard, I think it'd be safe to say, had they not withdrawn, we would have reviewed it as we would have done any bid, and we would have not chosen them based on their inability to do what they needed to do.

AND SO ON THE 18TH, AS I WAS PRESIDENT OF THE COUNCIL, WE REJECTED THOSE BIDS NOT DUE TO ANY PROBLEM ON STAFF SIDE. IT WAS FOR THE CONTRACTOR THAT HAD THE PROBLEM WITH THE DRAWINGS. The design contractor. No fault to the city staff.

I want to clarify that we do oversee our design contractor, and that is our responsibility to make sure that the plans that are drawn and bid on are true and accurate and correct. Correct? Okay, and for whatever reason, that step failed in this process?

On this one here, Christoph, if you may help too, this wasn't a bid where we did request for qualifications, correct? They didn't have to say, or did we do that?

AND THESE BIDS ARE ALL SEALED UNTIL THE END OF THE BIDDING AND THEN THEY COME IN AND THEY GO TO THE PURCHASING, PEOPLE SHOW UP THAT WANT TO SEE IT, THEY UNSEAL THEM AND TELL EVERYBODY WHAT THE BIDS WERE, IS THAT RIGHT? THAT'S CORRECT, YEAH. AND THEN AFTER THEY DO THAT, I GUESS THE CITY WILL LOOK AT IT AND THEY WILL DETERMINE IF THEY'RE GOING TO GO WITH THE LOW BID OR IF THEY'RE GOING TO GO WITH THE NEXT BID.

And with that team, you have a team of engineers and some other folks that were, could you tell us who they were?

Okay, and then they came up and they said, hey, this is your best option here with the bids that we see. Thank you.

So one question. Brian, you said red. Is that burgundy or is that Monroe? Which one?

Well, I'm going to be different. I kind of like the Port Edwards.

Mr. Holston or Mr. Gazar? I'm leaning towards the Port Edwards.

So am I approving the whole thing or just the color?

OK. I move that we adopt a resolution. I'm sorry. I've got to get on the right one. I move that we adopt a resolution authorizing the award of a contract for invitation to bid 202698-4, Lake Bend Estate Screening Wall project for an amount not to exceed $993,703.70. The 10% contingency of 90,336.70, authorizing the mayor to execute the contract. And I also move that we select the color of Port Edwards.

All right. With that, we will move on to item 5B.

Not a question, but just a thank you. You know, I think we have the easy job. We come in here in June time frame in June, July, and we consider what y'all have been working on since February. So hats off to you and all your team and city manager's office and all the department heads, because it's a it's an annual thing that you do. And we're going to prove this thing hopefully tomorrow night. And then come February, you're going to start that process all over again for FY28. So just a lot of hard work. Thank you for that.

Yeah, mayor. If I could, uh, specifically about coil house and security, uh, have we taken additional measures one to secure underneath the home such that people cannot crawl underneath it into? Have we increased security? Make sure that the doors are locked every night that, uh, others can't get in it and that it is a secure and checked on a regular basis.

Is it a daily touch point such that someone is going by and they're checking the door, checking that there's no one underneath the building, et cetera?

Excuse me, I make a motion to adopt a resolution adopting the members to the downtown advisory board as stated and as written with the names.

Yes. Council received a presentation back on 8-3. I believe it was Ms. Kristoff. But anyway, we got a presentation on all the options and all the different places that are being looked at, and Shrady being one of them. We looked at that and then the council requested that the advisory board at their next meeting, which was 820, received the same presentation, which they did. The advisory board for the shelter had a lot of questions about it. They had a lot of concerns about that location. One of the things that they left it with, and there was one particular person that lived behind there and

I need to see the minutes on that. I don't know. I don't remember it being a unanimous vote. They raised a lot of concerns regarding it, and legitimate concerns. Concerns, you know, there's a lot of other options that we have to consider. We want to get this done as quickly as possible, but we don't want the haste and we don't want to GO DOWN A ROAD THAT WE'RE GOING TO REGRET LATER. SO THAT BEING SAID, I DON'T KNOW THAT IT WAS A UNANIMOUS DECISION. WHAT WAS UNANIMOUS WAS THAT IF WE AS ‑‑ BECAUSE THEY DO UNDERSTAND THEIR ADVISORY BOARD AND THEY CAN ONLY ADVISE. BUT IF WE WENT WITH SHRADY, THEY

I don't want to speak 100% for the advisory board, but I think they do understand our challenges and that we want to get this done. They want to get this done. They have concerns, but I think they do trust that if we go at that location, we will find ways to resolve it. They the concern about the noise study. I think the fact that that has not been done, if we intend to do it, I OK, but the fact that it's not included in this report, it's not included in this resolution. I think I mean, I just think we have to be cognizant of the past and the fear of the past and the challenges that our citize

Make sure understand that then so if we were to table or delay for a couple weeks that it doesn't cause a big impact we can still move forward with that property understanding that we were so no matter what for the city to utilize was just say that we went somewhere else for them to show that that property still have to be was rezone but as you people government correct.

OK, well, then my answer is I'd like to know all the facts related to the sound, because what if the sound issue is so loud and so high that it becomes cost prohibitive? So again, I'm more leaning towards let's make sure we know all the facts. Let's make an informed decision. And if And that way we can wait on the count. I mean, I'm more like waiting. I'm more about waiting a little bit longer. Let's get that information. That way the entire council can make an informed decision. And then we can proceed with the rezoning at that point.

Mayor, if I could make a few comments. Please. First of all, I want to thank staff for particularly pulling this item and focusing on the animal shelter. This is a great place to be in that we're talking about building this facility. And so as I think about building facilities, I think the word suitability and feasibility. Christoph, you mentioned suitability. Suitability meaning, can you build this building on that piece of property? Feasibility meaning, is there an expert such as animal arts? You presented them in your presentation. Who are they? What do they do? Do they examine the feasibil

Okay. So I don't know anything about animal arts, not run across them in my limited exposure to life. But can you tell us what they do?

Okay. And the location of animal shelters. Okay. Also, I heard tonight a licensed sound study. Are we going to conduct that as well? Okay. And then the other thing I saw or heard tonight was a financial analysis. And I see that this presentation takes our contractor all the way from design development to construction drawings.

Yeah, construction drawings and then construction administration. It is your plan, evidently, to get those construction drawings issued to contractors who will bid on them. At that point, we would be able to complete a financial analysis of what this will actually cost. That's kind of the process.

We've got one more question, Mayor, if you may. When do we anticipate that we will have the license sound study?

I also think it's hard for us being in the position that we're in, which was we designed a building on a property that was not suitable according to where we're at today. And we don't want to repeat that issue. And we don't want to design something that's not suitable or feasible. And so not knowing who Animal Arts is or what their capabilities are, I know that's your responsibility. That's kind of new news. But I'm going to say that it's critical for us to get over those two hurdles before we ever approve something. Does that make sense?

Feasibility, suitability, financial analysis, sound study. All of those issues before we make a decision.

So, yeah, I understand that. I just think there's a whole picture here. There's a whole process. And I'm learning more pieces tonight than I knew before I came. I didn't know about animal arts, nor did our citizens know about that, that we're actually going to conduct a feasibility and suitability study.

No, that's fine. Again, arguably, or not arguably, admittedly, I'm very new at this. I mean, what I'm looking for and what I think would be helpful in this situation is for a pause, just so we can get that, because it just seems to me there's a lot of stuff hinging on this licensed sound study. And if we could just pause it, you know, listen to the community, because I think it's really about, making sure that they have all the information so they can ask informed questions of us, but at the same time for the council to actually have that information. It just seems to me if that sound study co

So we've talked about the past and history, so let's go back in history. Where the shelter is right now, sitting on industrial. As I guess most of you know, I was over the shelter from 2009 to 2017 as the commander of the community services division. And if you also remember, there used to be a fire station. It's where the Chamber of Commerce is. And that engines, trucks, ambulances ran out of there on a daily basis with the sirens blaring coming out towards that shelter. Currently, what you have on Highway 66, Lakeview Parkway, which is not too far to the north of the shelter, is many vehicle

Yeah. And just for clarity, I don't remember that we looked at. I know I saw six. I don't know that we had a big discussion on that. I remember looking at all the dates, but I'm actually of the mindset we need to get some dirt moving. And I want to push and, you know, in truth and reporting, I like the Shrady site. I can find some challenges with it. I do like the site. I actually find it maybe one of the quietest places in the city, quite frankly. that being said i'm just trying to be responsive to the community and to our board because i i hear the comments i see the comments and i think wha

Yeah, I certainly agree with that. You know, it's I think I think we have done an awful lot in trying to get you know citizens input on this thing and like you said mayor uh you know there's a lot of people saying build it build it build it and i'm ready to see dirt starting to turn but i also realize that you know the longer we we push this thing down the road and i think this is a critical thing that we need to prove tonight we kind of you know have that paralysis by analysis. We're going to keep on this and that. I do agree we need to get a sound study, but I think we can do that in conjunc

What I'd like to ask on that, because I mean that makes, so we get to that point, if I understand it correctly, it falls apart because the sound is just unrealistic. We would just go back to square one and they would pick up and figure it out from there. What I would also propose that we do, I like that, is We're gonna have a person doing a sound study. Is there an independent consultant related to animals that can tell us what that sound study says? I don't know what the benchmark is for sound for dogs. Who's going to make that determination? What is too much sound, what is too little? So wha

AND WITH THAT BEING SAID, THEN, SINCE WE VOTED, IF WE APPROVED THIS TONIGHT, THEN HEARFT WALKER IS ON BOARD. THAT GROUP IS ON BOARD. WE GET OUR SOUND STUDY. ON THAT 20th MEETING, WOULD THEY BE ABLE TO COME HERE AND PROVIDE A PRESENTATION FOR US AND THE COMMUNITY?

So I move that we adopt a resolution authorizing an amendment number four to the professional services agreement with Hofer Walker LLC for design services for the animal services building in the amount not to exceed $550,000, $540,000 for schematic design, 25% design development, 25% constructions, 30% Bidding and negotiation 2%, construction 18%, and up to $10,000 for civil engineering reimbursable expenses. Authorizing the interim city manager or his designee to execute amendment number four and all the necessary related documents to effectuate said purchase and providing an effective date.

Not really a question, but a comment. I definitely want to thank you. I've just had a chance here the past couple of days to hear you a couple of times, and I'm smarter every time I listen to you. And I really appreciate just how thorough your presentations are. And frankly, I'm just a common man. I'm not an economic guy. And you say it in a manner that even I can understand. So thank you. Thank you, sir.

Not a question, but just, you know, to the applicants here, I just want to say thank you. Thank you for being willing to come to Rowlett, especially our downtown area, and invest in that. And I'm looking forward to it.

I first of all want to challenge. My colleagues comment about being common is anything but that we want to thank you for coming to rally at thank you for the presentation just a couple questions about the 3 80 agreement. I note that the the date is 6 of 27. And Do we have benchmarks? Do we have construction schedule? Do we have ways of tracking the progress of this?

YEAH, THAT'S GOOD TO HEAR. NOW, OF COURSE, WE ARE VERY HAPPY TO HAVE YOU IN ECONOMIC DEVELOPMENT. I ASSUME THAT YOU'LL BE HELPING THE APPLICANT IF THERE ARE ISSUES WITH CONTINUED PERMITTING, ISSUES LIKE THAT, THAT YOU'RE THERE TO HELP THEM GET IT ACROSS THE GOAL LINE.

Well, the old saying is that time kills deals. So get it done.

On behalf of my wife, she's glad y'all are coming. She goes to Richardson to see y'all a lot, brings a lot of baked goods home. They'll save me some money for gas. And really, it's just welcome. Thank you.

YEAH, THANK YOU, MAYOR. SO I MOVE THAT WE ADOPT RESOLUTION APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CHAPTER 380 AS AMENDED DURING THE PRESENTATION, ECONOMIC DEVELOPMENT AGREEMENT WITH LA CASITA COFFEE ROULETTE LLC FOR PROJECT DECAF.

I'll make a motion that we approve as presented.