MINUTES CITY OF MELISSA CITY COUNCIL WORK SESSION AND REGULAR MEETING JANUARY 28, 2025 5:15 PM WORK SESSION AGENDA A. Call to Order Mayor Northcut called the meeting to order at 5:15 p.m. B. Roll Call Mayor Northcut, Dana Conklin, Joseph Armstrong, Craig Ackerman, and Sean Lehr were present. Preston Taylor and Rendell Hendrickson were absent. C. Public Comments There were no public comments. D. Discussion regarding Melissa Park Village John Palmer and Bhadresh Trivedi gave a presentation regarding the Melissa Park Village project. E. Discussion regarding Economic Development Strategy and Priority Areas Terrell Smith, Assistant City Manager, introduced Dave Quinn with Day One Experts and discussed economic development strategy and priority areas. F. Discussion regarding Content Calendar Taylor Lavelle, Communications Specialist, gave a presentation to Council regarding the content calendar and what to expect on social media platforms for 2025. G. Discussion regarding any items on the Regular Agenda Jason Little, City Manager, discussed items on the Regular Agenda including items 5A, 5B, and 5C which are eminent domain authorization. Mr. Little also discussed bid awards for Fire Station #2 (item 5D) and the Green Ribbon Project (item 5E). H. Discussion regarding any future agenda items There was no discussion regarding future agenda items. I. Adjourn Council Action Motion was made by Joseph Armstrong and seconded by Sean Lehr to adjourn the Work Session at 6:27 p.m. Vote: 5/0/0 REGULAR MEETING AGENDA 1. CALL TO ORDER AND ROLL CALL Mayor Northcut called the meeting to order at 6:31 p.m. Mayor Jay Northcut, Dana Conklin, Joseph Armstrong, Craig Ackerman and Sean Lehr were present. Preston Taylor and Rendell Hendrickson were absent. 2. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Craig Ackerman gave the invocation. 3. PUBLIC COMMENTS - AGENDA ITEMS There were no public comments. 4. CONSENT AGENDA A. Consider the minutes from the January 14, 2025 Work Session and Regular Meeting. B. Consider a Resolution related to an Interlocal Agreement between the City of Melissa and the City of Anna to transfer and buy a portion of the City of Anna's contractual Minimum Annual Volume (MAV) water obligation with Greater Texoma Utility Authority (GTUA). C. Consider authorizing the City Manager to execute any and all documents to release any City rights on property located at 2530 Miller Road. Council Action: Motion was made by Craig Ackerman and seconded by Joseph Armstrong to approve the Consent Agenda as noted. Vote: 5/0/0 5. REGULAR AGENDA A. Consider a Resolution of the City Council of the City of Melissa, Texas determining a public necessity to acquire certain property for public use by eminent domain for a utility easement and two temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of utilities, located on a portion of a 5.128 acre tract of land conveyed to the Hixon Family Partnership, LTD as recorded in Volume 5030, Page 2579 of the Deed Records of Collin County, Texas, within the City of Melissa ETJ, Collin County, Texas; Giving notice of an official determination to acquire certain property for public use by eminent domain for such utility easement and two temporary construction easements and related improvements; Authorizing the City Manager of the City of Melissa, Texas, to establish procedures for acquiring the easements, offering to acquire the easements, voluntarily, from the landowner through the making of bona fide offers; appropriating funds; providing for repealing, savings, and severability clauses; and providing for an effective date. Jason Little, City Manager, presented items 5A, 5B, and 5C stating that mid-2024 Melissa ISD started the construction of Highland Elementary at the Highland Road and Outer Loop. Items 5A, 5B, and 5C are needed for the school to extend utilities from the proposed Highland Elementary to the existing City utility systems. In the meantime, that also serves any intervening properties. The following resolutions are required by law, and each require a record vote, but it is permissive of the action of eminent domain. It does not require action because what we do know is that these individual, or what Staff has been told from the school, is that the individual ownerships are having fruitful conversations, and Staff is hopeful that that comes to fruition for an agreement between the school district and individual owners. But in the event they cannot come to an agreement, the eminent domain process would continue. Each one of items has to be taken individually and taken with a record vote. Council Action: Motion was made by Craig Ackerman and seconded by Dana Conklin to that the City of Melissa authorize the use of the power of eminent domain to acquire a portion of a 5.128 acre tract of land conveyed to the Hixon Family Partnership, LTD as recorded in Volume 5030, Page 2579 of the Deed Records of Collin County, Texas, within the City of Melissa ETJ, Collin County, Texas for a utility easement and two temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of utilities. Preston Taylor FOR AGAINST PRESENT and not voting Rendell Hendrickson FOR AGAINST PRESENT and not voting Dana Conklin X_ FOR AGAINST PRESENT and not voting Craig Ackerman X_ FOR AGAINST PRESENT and not voting Joseph Armstrong X_ FOR AGAINST PRESENT and not voting Sean Lehr X_ FOR AGAINST PRESENT and not voting Jay Northcut X_ FOR AGAINST PRESENT and not voting Preston Taylor and Rendell Hendrickson were not present and thus did not vote. Vote: 5/0/0 B. Consider a Resolution of the City Council of the City of Melissa, Texas determining a public necessity to acquire certain property for public use by eminent domain for two utility easements and four temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of utilities, located on a portion of a 61.900 acre tract of land conveyed to JoJo's Run, LLC - Parris Hill Land Series as recorded in Instrument 20160311000289720 of the Deed Records of Collin County, Texas, within the City of Melissa ETJ, Collin County, Texas; Giving notice of an official determination to acquire certain property for public use by eminent domain for such two utility easements and four temporary construction easements and related improvements; Authorizing the City Manager of the City of Melissa, Texas, to establish procedures for acquiring the easements, offering to acquire the easements, voluntarily, from the landowner through the making of bona fide offers; appropriating funds; providing for repealing, savings, and severability clauses; and providing for an effective date. Council Action: Motion was made by Craig Ackerman and seconded by Joseph Armstrong to that the City of Melissa authorize the use of the power of eminent domain to acquire a portion of a 61.900 acre tract of land conveyed to JoJo's Run, LLC - Parris Hill Land Series as recorded in Instrument 20160311000289720 of the Deed Records of Collin County, Texas, within the City of Melissa ETJ, Collin County, Texas for two utility easements and four temporary construction easements and related improvements for the construction, expansion, access, repair, maintenance and replacement of utilities. Preston Taylor FOR AGAINST PRESENT and not voting Rendell Hendrickson FOR AGAINST PRESENT and not voting Dana Conklin X_ FOR AGAINST PRESENT and not voting Craig Ackerman X_ FOR AGAINST PRESENT and not voting Joseph Armstrong X FOR AGAINST PRESENT and not voting Sean Lehr X_ FOR AGAINST PRESENT and not voting Jay Northcut X_ FOR AGAINST PRESENT and not voting Preston Taylor and Rendell Hendrickson were not present and thus did not vote. Vote: 5/0/0 C. Consider a Resolution of the City Council of the City of Melissa, Texas determining a public necessity to acquire certain property for public use by eminent domain for a utility easement and a temporary construction easement and related improvements for the construction, expansion, access, repair, maintenance and replacement of utilities, located on a portion of a tract of land owned by Margaret Ann Wysong, Erin L. Wysong Reina, James H. Wysong, III, and Katharine L. Wysong, within the City of Melissa ETJ, Collin County, Texas; Giving notice of an official determination to acquire certain property for public use by eminent domain for such utility easement and temporary construction easements and related improvements; Authorizing the City Manager of the City of Melissa, Texas, to establish procedures for acquiring the easements, offering to acquire the easements, voluntarily, from the landowner through the making of bona fide offers; appropriating funds; providing for repealing, savings, and severability clauses; and providing for an effective date. Council Action: Motion was made by Craig Ackerman and seconded by Sean Lehr to that the City of Melissa authorize the use of the power of eminent domain to acquire a portion of a tract of land owned by Margaret Ann Wysong, Erin L. Wysong Reina, James H. Wysong, III, and Katharine L. Wysong, within the City of Melissa ETJ, Collin County, Texas for a utility easement and a temporary construction easement and related improvements for the construction, expansion, access, repair, maintenance and replacement of utilities. Preston Taylor FOR AGAINST PRESENT and not voting Rendell Hendrickson FOR AGAINST PRESENT and not voting Dana Conklin X_ FOR AGAINST PRESENT and not voting Craig Ackerman X_ FOR AGAINST PRESENT and not voting Joseph Armstrong X_ FOR AGAINST PRESENT and not voting Sean Lehr X_ FOR AGAINST PRESENT and not voting Jay Northcut X_ FOR AGAINST PRESENT and not voting Preston Taylor and Rendell Hendrickson were not present and thus did not vote. Vote: 5/0/0 D. Consider awarding the Construction Manager at Risk services related to Fire Station #2 and authorizing the City Manager to complete and execute AIA contract for CMAR services. Jason Little, City Manager, stated that in May 2024, voters approved the reallocation of the sales tax for the Melissa Industrial and Economic Development Corporation (4A) and reallocated that to split between Police and Fire. One of Fire priorities was the commitment to build Fire Station #2 in the area adjacent to North Creek where the large concentration of homes between a handful of neighborhoods is kind of where many of their calls generate from. Tonight, Staff is recommending Core Construction to construct Fire Station #2. Notices were published for qualifications for contractors in November 2024 with qualification statements being due in the middle of December 2024. Staff interviewed three contractors, and the group is recommending Core Construction to build Fire Station #2. This is a two-step construction manager at risk process, meaning the first stage is all about pre-construction services utilizing the expertise of the contractor and the architect to make the best decisions for the facility that will serve the needs of the Fire Department for a number of years. Then, at some point in the process, the City will be delivered a contracted guaranteed maximum price for the facility that was designed, and that decision comes back before the Council to opt into stage two of the construction manager at risk process, and that is the actual construction. The authorization tonight will be first to award the construction manager at risk to Core Construction and authorize the City Manager to get the AIA documents drafted by the City Attorney and then executed to get Core Construction on board and get the process started as quickly as possible. Patrick Sarat, Project Director with Core Construction, is present to answer any questions Council may have. Core Construction is the preeminent public safety contractor in the United States. They have built over 250 fire stations that are valued at over a billion dollars. This is a good chance for us to be able to use a contractor that specializes in the facility that is just different because it melds both residential and commercial uses. Council Action: Motion was made by Dana Conklin and seconded by Sean Lehr to to award the construction manager at risk contract to Core Construction as noted. Vote: 5/0/0 E. Consider awarding Bid for replanted and erosion improvements at the intersection of SH 121 and US 75. Jason Little, City Manager, stated in in mid-2024, the City contracted with Teague Nall and Perkins (TNP) to take a look at the Green Ribbon Program at the intersection of SH 121 and US 75 and evaluate what improvements need to be made to address the large amount of water runoff that comes from the US 75 roadway because that was having an ultimate effect on the plantings that were planted as part of the Green Ribbon Project several years ago. As part of the TNP evaluation, they recommended not only the addition of some elements to help prevent or reduce the amount of erosion and water runoff, but also to enhance and replace some of the landscaping in there with a wildflower mix structure that would probably work better in what's really a harsh environment there between the amount of water and just being surrounded by a high-speed roadway. The project was bid in November 2024 and four bids were received. The range between the bids ranged somewhere between $1.3 million and $365,000. Tim May, Project Manager and Landscape Architect with Teague Nall and Perkins is here to answer any questions. Mr. May evaluated the bid submitted by Pace Solutions, spoke with them directly about making sure they understood the scope and the work that is needed and the planting plan and the confirmation of the prices, and Pace was good with the prices. Staff is recommending Pace Solutions for the award. Carig Ackerman stated that he is used to seeing a less variations in bids, and $1 million seems like a huge difference. Mr. Ackerman asked for clarification on why there could be such a large range between the highest and lowest bids. Mr. May stated that it was a concern of TNP during the initial tabulation. The two highest bids may have seemingly been due to the TxDOT right of way and their pricing. TNP was very pointed in their questions to Pace Construction asking if they understood the full scope of the project and they assured TNP and Staff that they were comfortable with the pricing they set. The bid/construction documents do have limits and restriction on change orders, sO ifthere are any changes that are justifiable, TNP will be able to administer that. The biggest discrepancy was the Pace Construction is low in about 9 of the 16 items and high in two oft them. The biggest one that the other bidders were high in that Pace Construction was not, were the mobilization costs. If you look at that, Pace is already a vendor of1 the City with a proven track record and that mobilization costs are probably already in place since they are a vendor of the City. So that kind of explains the lower pricing. Council Action: Motion was made by Joseph Armstrong and seconded by Dana Conklin to to award the bid for replanted and erosion improvements to Pace Construction as noted Dana Conklin asked if the motion also need to authorize the City Manager. Mr. Armstrong restated his motion to award the bid and authorize the City Manager to execute a contract for Pace Construction. Dana Conklin seconded the restated motion. Vote: 5/0/0 F. Recess into Executive Session in compliance with Section 551.001 et seq. Texas Government Code, to wit: 1. 551.072 Discussing Purchase, Exchange, Lease or Value of Real Property (MLP Sponsorship) Council Action: Motion was made by Joseph Armstrong and seconded by Dana Conklin to to recess into Executive Session at 6:51 p.m The following Staff were present in the Executive Session: Jason Little, Terrell Smith, and Hope Baskin. Vote: 5/0/0 G. Reconvene into RegularMeeting Council Action: Motion was made by Dana Conklin and seconded by Sean Lehr to to reconvene into the Regular Meeting at 7:02 p.m. Vote: 5/0/0 6. PUBLIC COMMENTS - NON-AGENDAITEMS There were no public comments. 7. COUNCIL DISCUSSION There was no Council discussion. 8. ADJOURN CouncilAction: Motion was made by Sean Lehr and seconded by Joseph Armstrong to adjourn the meeting at 7:02 p.m. Vote: 5/0/0 ATTEST: - orehe h- Gay Hope Baskin, City Secretary Jay Northcut, Mayor S e 5 à