City of Mesquite, Texas

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1 City Council Monday, 4:00 PM City Hall Council Chamber 757 N. Galloway Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Greg Noschese, Bruce Archer, Bill Porter, Jeff Casper, Shirley Roberts and Dennis Tarpley, City Manager Ted Barron and City Secretary Sonja Land. PRE-MEETING - COUNCIL CONFERENCE ROOM - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding projects for Downtown Mesquite. It was Council consensus to proceed with the following projects: (1) gazebo repair and repainting - $10,000; (2) electrical improvements - $9,800; (3) asphalt parking lot repair - $55,000 (project must be bid); (4) brick planter box removal - $0 (work to be done by volunteers); (5) aggregate paving replacement - $15,000; and (6) landscape maintenance - $0 (work to be performed by Park Services staff). 2 Receive briefing regarding the Texas General Land Office s Public Customer Gas Program. It was Council consensus to pursue the opportunity to purchase natural gas from the Texas General Land Office s Public Customer Gas Program for the City Hall/Police Complex in order to realize savings of $23,000 annually. 3 Receive proposed budget presentations for the Finance, Housing and Community Services, Information Technology Departments and the Mesquite Metro Airport. 4 Discuss Union Pacific Railroad request to close Innovative Way. Postponed at the request of the Union Pacific Railroad. Page 1

2 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:19 P.M. The City Council met in Executive Session pursuant to Section of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Economic development incentives for The Verde Center at Peachtree and Economic development incentives for a business prospect on East Glen Boulevard). After the closed meeting ended at 5:14 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:14 P.M. The City Council met in Executive Session pursuant to Section of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Lease of real property located at 1200 Hillcrest Street, Mesquite, Texas). After the closed meeting ended at 5:20 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Chad Flowers, Pastor, Emmanuel Pentecostal Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Citizen's Police Academy Alumni Association. SPECIAL ANNOUNCEMENTS (1) Mr. Casper stated that he enjoyed meeting the residents in the Meadowview Farms neighborhood this past weekend during their annual July 4th parade and block party. He encouraged residents to attend an upcoming Town Hall Meeting on Tuesday, July 28, 2015, at 7:00 p.m. at the Mesquite Arts Center, 1527 North Galloway Avenue, to discuss code enforcement issues. (2) Mr. Archer expressed appreciation for City workers who made street repairs in the Edgemont Park neighborhood recently. He encouraged everyone to bring their family and friends to the Downtown Square this Friday night, July 10, 2015, at 7:00 p.m. to enjoy a free blues concert. (3) Ms. Roberts invited everyone to visit the Artisans and Farmer s Market from 9:00 a.m. to 2:00 p.m. in the Downtown Square this Saturday, July 11, The market offers a variety of locally grown produce, artisans/craftsman vendors, entertainment and much more. (4) Mr. Noschese encouraged everyone to visit Kookie Haven, which recently relocated from DeSoto to Gus Thomasson Road near IH-30, for some decadent desserts and made-to-order cookies from family recipes. Page 2

3 CITIZENS FORUM (1) Holly Rodriguez, 2113 Creek Royal, and Elizabeth Walley, 1112 Siebold Court, expressed support for adoption of a 72-hour hold and Trap, Neuter & Return program for feral cats. (2) Ron Ward, 430 Runningbrook Lane, expressed support for funds to be allocated to the New Beginning Center through the Community Development Block Grant program. (3) Mary Meshell, 232 Darien Drive, expressed concerns regarding issues in her neighborhood and support for an annual fireworks display in conjunction with the Real.Texas.Festival. (4) Bobby and Vivian Carrasco, 4538 Live Oak Drive, expressed concerns regarding code enforcement issues. (5) Jeffery Slater, 202 Green Canyon Drive, expressed support for chickens to be allowed in residential neighborhoods. (6) Kevin Grubbs, 1701 Alameda Drive, expressed concerns regarding street conditions. (7) Tandy Boroughs, 1015 Majors Drive, expressed concerns regarding visual obstructions at westbound Scyene Road and IH-635 and support for the Muscular Dystrophy Association Camp that he and some City employees recently attended. (8) Marvin Haar, 1317 Mulberry Lane, expressed concerns regarding litter in City parks and support for an annual fireworks display. CONSENT AGENDA Approval of the Consent Agenda Mr.Archer requested that Item No. 12 be removed from the Consent Agenda to be considered separately. Mr. Noschese requested that Item No. 7 be removed from the Consent Agenda to be considered separately. Mr. Archer moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Noshese and approved unanimously. 5 Minutes of the regular City Council meeting held June 15, An ordinance providing for the abandonment of a portion of a 24-foot wide utility easement and a 77-foot wide drainage easement located at the Mesquite Specialty Hospital at 1115 North Belt Line Road. Ordinance No. 4365, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FOR THE ABANDONMENT OF A PORTION OF A 24-FOOT WIDE UTILITY EASEMENT AND A 77-FOOT WIDE DRAINAGE EASEMENT LOCATED AT THE MESQUITE SPECIALTY HOSPITAL AT 1115 NORTH BELT LINE ROAD; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No recorded on page of Ordinance Book No. 105.) 8 A resolution approving the Mesquite Quality of Life Corporation budget for fiscal year Page 3

4 Resolution No , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR THE FISCAL YEAR AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. (Resolution No recorded on page of Resolution Book No. 47.) 9 A resolution approving the plan of finance and related issuance of bonds by the Colorado Health Facilities Authority for the Evangelical Lutheran Good Samaritan Society. Resolution No , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE PLAN OF FINANCE AND RELATED ISSUANCE OF BONDS BY COLORADO HEALTH FACILITIES AUTHORITY FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY. (Resolution No recorded on page of Resolution Book No. 47.) 10 A resolution authorizing the City Manager to execute the 2015 Byrne Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson, allocating the amount of $20, to the City of Mesquite and designating the Police Chief as the responsible officer for the purpose of signing all documents associated with the grant for the purpose of requesting, receiving and disbursing funds from the City of Dallas. Resolution No , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2015 BYRNE JUSTICE ASSISTANCE GRANT ( JAG ) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT BETWEEN DALLAS COUNTY AND THE CITIES OF BALCH SPRINGS, CARROLLTON, DALLAS, DESOTO, GARLAND, GRAND PRAIRIE, IRVING, LANCASTER, MESQUITE AND RICHARDSON; DESIGNATING THE CITY OF DALLAS AS THE APPLICANT AND FISCAL AGENT OF THE JOINT GRANT APPLICATION TO REQUEST FUNDING FROM THE BUREAU OF JUSTICE ASSISTANCE REGARDING THE TRANSFER OF CERTAIN FUNDING ALLOCATED UNDER THE 2015 BYRNE JUSTICE ASSISTANCE GRANT ( GRANT ) PROGRAM IN THE REVISED AMOUNT OF $20, TO THE CITY OF MESQUITE, TEXAS; AND DESIGNATING THE POLICE CHIEF AS THE RESPONSIBLE OFFICER FOR THE PURPOSE OF SIGNING ALL DOCUMENTS ASSOCIATED WITH THE GRANT. (Resolution No recorded on page of Resolution Book No. 47.) 11 RFP No Annual Bank Depository Agreement. (Authorize the City Manager to execute a contract with Bank of America, N.A. in the amount of $105, ) 13 Authorize the City Manager to execute a Memorandum of Understanding/Interlocal Agreement among participating local governments for criminal justice information sharing via Dallas County Techshare Prosecutor. Page 4

5 14 Authorize an expenditure in the amount of $201, to the Mesquite Independent School District to acquire new studio production equipment for the operation of the City s Educational Access Channel in accordance with Ordinance No (Interlocal Agreement/Operation of Educational Access Channel) and authorize the City Manager to execute payment upon receipt of an itemized invoice. 15 Accept donation of property described as the Triangle East Addition, Lot 4, Block 2B, located near the intersection of Gus Thomasson Road and North Mesquite Drive, to the City of Mesquite and authorize the City Manager to execute the necessary documents related to said donation. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 7 An ordinance adopting new impact fees for water and wastewater facilities within the City limits and the extraterritorial jurisdiction and amending impact fees for roadway facilities. Mr. Noschese stated that the proposed ordinance reestablishes water, wastewater and roadway impact fees which will place a proportional share of the cost of infrastructure on developers as they develop by reducing the burden on taxpayers. In an effort to not affect current economic development initiatives, the roadway impact fees will become effective August 1, 2015, provided that the collection rates for the roadway impact fees shall remain the same as the current collection rates through December 31, On January 1, 2016, the new collection rates for roadway impact fees as shown in Table 2 of the ordinance will become effective and the water and wastewater impact fees will become effective January 1, Mr. Noschese moved to approve Ordinance No. 4366, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING CHAPTER 7.5 IN ITS ENTIRETY AND ADDING A NEW CHAPTER 7.5; PROVIDING FOR THE ESTABLISHMENT OF PROCEDURES FOR ASSESSING AND COLLECTING IMPACT FEES; ESTABLISHING PROVISIONS FOR CREDITS AGAINST IMPACT FEES; PROVIDING AN APPEALS PROCEDURE; ADOPTING REVISED LAND USE ASSUMPTIONS; ADOPTING CAPITAL IMPROVEMENTS PLANS AND IMPACT FEES FOR ROADWAY, WATER AND WASTEWATER FACILITIES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No recorded on page of Ordinance Book No. 105.) 12 Bid No Equipment for CSI Program. (Staff recommends award to Videotex Systems, Inc., in Dallas, Texas, through BuyBoard Contract No , sponsored by the Texas Association of School Boards, in the amount of $100, ) Page 5

6 END OF CONSENT AGENDA Police Chief Derek Rohde stated that the CSI Program is a youth intervention program presented to seventh grade students in the Mesquite Independent School District for over 20 years. The program depicts real life situations with information intended to encourage students to make positive choices when confronted with situations involving peer pressure, alcohol, drugs, social media and bullying. The new equipment consists of a public address system, microphones, lighting, video and projection equipment, a stage as well as other support structures and the equipment will be funded with seizure funds. Mr. Archer moved to award Bid No , Equipment for CSI Program, to Videotex Systems, Inc., in Dallas, Texas, through BuyBoard Contract No , sponsored by the Texas Association of School Boards, in the amount of $100, Motion was seconded by Ms. Roberts and approved unanimously. PUBLIC HEARINGS 16 Conduct a public hearing to receive citizen input on the proposed budget. A public hearing was held to receive citizen input on the proposed budget. Comments were received from Ron Ward, 430 Runningbrook Lane; Emily Mashburn, 905 Via Avenida; Merril Phillips, 510 Futrelle Drive; Donald Owens, 4025 Morgan Drive; Ronald Mottwiler, 4721 Las Lomas Drive; and Marvin Haar, 1317 Mulberry Lane. No others appeared regarding the proposed budget. Mayor Pickett declared the public hearing closed. 17 Conduct a public hearing and consider an ordinance for Application No E-2015, submitted by Terry McCallum, for a rezoning from Commercial with Military Parkway-Scyene Corridor Overlay to Commercial with Military Parkway-Scyene Corridor Overlay with a Conditional Use Permit to allow an indoor sports instruction facility on property located at 1210 West Scyene Road, Suite B. (One letter in favor of the proposed amendment has been received. The Planning and Zoning Commission recommends approval of the application. This item was postponed at the June 1, 2015, City Council meeting, and tabled indefinitely at the June 15, 2015, Council meeting.) A public hearing was held for Application No E Jason Edwards, representing the applicant, stated that they were back at the Council s request to present a business plan. Weldon Killingsworth, who volunteers as a baseball coach for the Mesquite Baseball, Inc., (MBI) league, stated that there is a need for an indoor practice facility especially during the winter months and times of inclement weather. Over 100 teams registered for MBI this past season and could be potential clients for this facility. Sherry Prosek explained the business plan and stated initially no salaries will be paid. The site is suitable for their business and as the business grows, they hope to hire two or three high school students to help out during the planned 3:00 p.m. 9:00 p.m. hours on weekdays and 1:00 p.m. 9:00 p.m. on weekends. Page 6

7 Mr. Edwards agreed to the added Conditional Use Permit stipulations requested by Council. No one appeared regarding the proposed zoning change. the public hearing closed. Mayor Pickett declared Mr. Noschese moved to approve Application No E-2015, as recommended by the Planning and Zoning Commission, and adding Stipulation Nos. 1 and 2, as follows: 1. This CUP is granted solely to the applicant, On Deck Player and Development, LLC, and shall not be assigned or transferred. 2. The CUP is subject to renewal three years from the date of the Certificate-of-Occupancy. And to approve Ordinance No. 4367, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, SO AS TO APPROVE A CHANGE OF ZONING FROM COMMERCIAL WITHIN THE MILITARY PARKWAY-SCYENE CORRIDOR (MP-SC) OVERLAY DISTRICT TO COMMERCIAL WITHIN THE MP-SC OVERLAY DISTRICT WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 1210 W. SCYENE ROAD IN SUITE B FOR AN INDOOR SPORTS INSTRUCTION FACILITY; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No recorded on page of Ordinance Book No. 105.) EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:29 P.M. Mayor Pickett announced that the City Council will meet in Executive Session pursuant to Section of the Texas Government Code to consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other City employees. After the closed meeting ended at 9:40 p.m., the City Council reconvened in Open Session. EXECUTIVE ACTION RESULTING FROM EXECUTIVE SESSION AT 8:29 P.M. Ms. Roberts moved to waive the notice provisions in the City Manager's contract. seconded by Mr. Noschese and approved unanimously. Motion was ADJOURNMENT Mr. Casper moved to adjourn the meeting. unanimously. The meeting adjourned at 9:41 p.m. Motion was seconded by Mr. Noschese and approved Page 7

8 Approved: Attest: Stan Pickett, Mayor Sonja Land, City Secretary Page 8

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