City of Mesquite, Texas

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1 Monday, 6:00 PM City Hall Council Chamber 757 N. Galloway Mesquite, Texas Present: Mayor Pro Tem Al Forsythe and Councilmembers Greg Noschese, Bill Porter, Bruce Archer, Shirley Roberts and Dennis Tarpley, City Manager Ted Barron and City Secretary Sonja Land. Absent: Mayor John Monaco. PRE-MEETING - COUNCIL CONFERENCE ROOM - 6:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding new sign types. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:45 P.M. 2 Receipt of annual report from the Mesquite Arts Council. Keith Singleton, Chairperson for the Mesquite Arts Council, introduced members of the Board of Directors Carol Zolnerowich, Cliff Keheley, Marcy Watts and Judy Skowron and Mesquite Arts Center Manager Jim Mack and Assistant Manager Kaitlyn Sakry. Mr. Singleton reviewed the activities at the Mesquite Arts Center for the period from October 1, 2013, through September 30, During FY , the Mesquite Arts Center hosted 588 events with 70,925 participants. Approximately forty percent of participants at Arts Center activities are non-residents. The visual and performing arts programs are well represented in the Mesquite community throughout the year and include a series of music concerts, theater and children s arts programs. Arts Education such as the Junior Players Guild, John & Alta Nichols Children s Art/Theatre Camp and after-school creative writing and theater programs, is fundamental to the Arts Council work. Texas Winds performed 85 concerts in Mesquite nursing homes and assisted living centers. Currently, the Art Around Town program includes a total of eight sculptures placed in pocket parks and medians throughout the city. Seventy-eight percent of the annual budget is funded by the Hotel/Motel Occupancy Tax and the remainder through private sources and the Texas Commission on the Arts. Councilmembers expressed appreciation to the members of the Mesquite Arts Council for their passion, dedication and time contributed to making the arts in Mesquite an asset to the community. The work session ended at 6:59 p.m. Page 1

2 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Ron Ward, Pastor, A Church Without Walls, Mesquite, Texas. PLEDGE OF ALLEGIANCE Participants from the Red Raiders 9U baseball team. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese announced that The Amazing Technicolor 5K Run, benefiting the Mesquite Independent School District (MISD) Education Foundation, Inc., and the Mesquite Education Association (MEA), will take place on Saturday, October 25, 2014, at 9:00 a.m. at the Mesquite Convention Center. He stated that participants will wear white shirts and receive splashes of colored corn starch throughout the race. He invited everyone to support the MISD and MEA by registering at to participate in this exciting event. (2) Ms. Roberts announced that October is Breast Cancer Awareness Month and encouraged everyone to support this campaign by getting a mammogram screening. (3) Mr. Tarpley and Mr. Porter expressed appreciation to City Departments for their cleanup efforts after last week s storms. (4) Mr. Archer welcomed all visitors to the first evening meeting and encouraged continued attendance. CITIZENS FORUM (1) Barbara Rojas, 2423 Lagoon Drive, invited everyone to attend National Night Out at Bill Blackwood Park located on Baker Drive at Eastbrook Drive which is a free event. (2) Sergio Garcia, 1318 Rancho Drive, expressed support for evening meetings. (3) Fernando Rojas, 2423 Lagoon Drive, expressed concern regarding criminal activity in his neighborhood and stated that a Crime Watch program has been developed. (4) Ron Ward, 430 Running Brook Lane, expressed concern about code compliance in the construction of The Villas at Vanston Park. PRESENTATIONS 3 Presentation of a plaque to Larriann Kelly in recognition of her service as a member of the Keep Mesquite Beautiful, Inc., Board of Directors. Mayor Pro Tem Forsythe presented a plaque to Larriann Kelly in recognition of her service as a member of the Keep Mesquite Beautiful, Inc., Board of Directors from November 2008 through September Presentation of a plaque to David Burris in recognition of his service as a member of the Parks and Recreation Advisory Board/Tree Board. Mayor Pro Tem Forsythe presented a plaque to David Burris in recognition of his service as a member of the Parks and Recreation Advisory Board/Tree Board from August 2008 through September Page 2

3 CONSENT AGENDA Approval of the Consent Agenda Mr. Archer moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Porter and approved unanimously. 5 Minutes of the regular meeting held September 15, An ordinance adopting Supplement No. 48 to the Code of Ordinances for the City of Mesquite. Ordinance No. 4338, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING SUPPLEMENT NUMBER 48 (ORDINANCES FEBRUARY 2014 THROUGH JULY 2014) TO THE CODE OF THE CITY OF MESQUITE, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR FINE FOR EACH OFFENSE AND VIOLATION OF SAID SUPPLEMENT TO THE SAID CODE; AND DECLARING AN EMERGENCY. (Ordinance No recorded on page of Ordinance Book No. 104.) 7 Bid No Screening Wall Replacement Project, Phase 1 & 2. (Authorize the City Manager to execute a contract with low bidder Iowa Bridge and Culvert, LC, in the amount of $814, ) 8 Bid No Annual Supply of Concrete. (Staff recommends award to low bidder B&B Ready Mix, Inc., in an amount not to exceed $554,000.00). 9 Bid No Park Entry Sign Replacement Project Phase III. (Authorize the City Manager to execute a contract with J. Nichols Construction, Inc., in the amount of $89,584.00) 10 Bid No Annual Supply and Custom Application of Fertilizer. (Staff recommends award to Justin Seed Co. through BuyBoard Contract No , sponsored by the Texas Local Government Purchasing Cooperative Contract, in the amount of $91, ) 11 Bid No Annual Supply of Personal Computers and Software. (Staff recommends award to Dell, Inc., for personal computers in the amount of $188, and to Software House International for software licensing and maintenance in the amount of $161, through the Texas Department of Information Resources, for a total amount of $349, ) Page 3

4 12 Bid No Annual Contract for Road and Highway Building Material. (Staff recommends award to APAC Texas, Inc., through an Interlocal Cooperative Purchasing Agreement with Dallas County, in an amount not to exceed $307, ) 13 Authorize the City Manager to execute a Park Use Permit with Community Heart of Mesquite for PumpkinFest 2014 to be held Saturday, October 18, 2014, at City Lake Park. END OF CONSENT AGENDA PUBLIC HEARINGS 14 A. Conduct a public hearing to consider a revised program (Chapter 380 agreement) with Town East Mall, LLC, to promote economic development and stimulate business and commercial activity in conjunction with property located at 2063 Town East Mall, Mesquite, Texas. B. Consider a resolution authorizing a second amendment to the Economic Development Program (Chapter 380) Agreement between the City of Mesquite and Town East Mall, LLC, amending the accounting procedures for advertising revenue and revising the required operational hours of the electronic video board sign and authorizing the City Manager to execute the second amendment to the Economic Development Program Agreement between the City of Mesquite and Town East Mall, LLC, for such purposes. Tom Palmer, Manager of Economic Development, stated that Town East Mall has requested two revisions to the Chapter 380 agreement that allows for the operation of an electronic video sign. The first revision would modify the required operational hours of the sign to permit the sign to be non-operational each day during the hours between 3:00 a.m. and 5:00 a.m. This modification would impact the longevity of the sign and reduce the operational costs while not substantially affecting the revenue received. The second revision amends the accounting procedures for advertising revenue received from the sign. The current agreement models the form established with the Rodeo City electronic video sign and requires a separate bank and separate account for revenues received from the advertising. This method was not feasible for General Growth Properties, Inc. (GGP), to comply with due to their internal accounting processes. Staff has worked with GGP to develop an accounting method for the sign revenue that is verifiable and complies with the intent of the original agreement for an accurate accounting of the funds. The revenue received is determined by a cost-share formula as stated in the original agreement. Jack Love, General Manager of Town East Mall, stated that GGP is flexible with the hours the sign is non-operational. Councilmembers requested the non-operational hours of the sign to be extended Page 4

5 to 2:00 a.m. 6:00 a.m. or to a four-hour period, at the owner's discretion, between midnight and 6:00 a.m. No one appeared regarding the proposed zoning change. Mayor Pro Tem Forsythe declared the public hearing closed. Mr. Noschese moved to approve Resolution No , with modifications to revise the required operational hours of the sign to permit the sign to be non-operational each day during the hours between 2:00 a.m. and 6:00 a.m., or to a four-hour period, at the owner's discretion, between midnight and 6:00 a.m. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING A SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT PROGRAM (CHAPTER 380) AGREEMENT BETWEEN THE CITY OF MESQUITE AND TOWN EAST MALL, LLC, THEREBY AMENDING THE ACCOUNTING PROCEDURES FOR ADVERTISING REVENUE AND REVISING THE REQUIRED OPERATIONAL HOURS OF THE ELECTRONIC VIDEO BOARD SIGN; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF MESQUITE AND TOWN EAST MALL, LLC, FOR SUCH PURPOSES. Motion was seconded by Mr. Archer and approved unanimously. (Resolution No recorded on page of Resolution Book No. 47.) 15 Conduct a public hearing and consider the First Amended Variance Application No. EVS-635TOWNEAST-A, submitted by General Growth Properties, Inc., to amend the location for operating an electronic video screen at 1800 North Town East Boulevard to include the Town East Retail and Restaurant Overlay entertainment district. Richard Gertson, Director of Community Development, stated that in 2013 General Growth Properties, Inc. (GGP), received approval of a variance to install and operate an electronic video screen (EVS). At that time, GGP opted to restrict advertising on the EVS to businesses located within Town East Mall. GGP has requested an amendment to the variance that would allow businesses located within the Town East Retail and Restaurant Overlay (TERRA) entertainment district to advertise on the EVS. No one appeared regarding the proposed zoning change. Mayor Pro Tem Forsythe declared the public hearing closed. Mr. Noschese moved to approve the First Amended Variance Application No. EVS-635TOWNEAST-A, submitted by General Growth Properties, Inc., to amend the location for operating an electronic video screen at 1800 North Town East Boulevard to include the Town East Retail and Restaurant Overlay entertainment district. Motion was seconded by Ms. Roberts and approved unanimously. RECEIPT OF RESIGNATION AND APPOINTMENTS TO BOARDS AND COMMISSIONS 16 Receive resignation from Rita Crump as a member of the Historic Mesquite, Inc., Board of Directors. Mr. Tarpley moved to accept the resignation of Rita Crump as a member of the Historic Mesquite, Inc., Board of Directors. Motion was seconded by Mr. Porter and approved unanimously. 17 Consider appointment of three regular members to the Planning and Zoning Page 5

6 Commission/Capital Improvements Advisory Committee for terms to expire September 30, Mr. Noschese moved to reappoint Donna Adams, Place 4, and N.N. Dharmarajan, Place 6, as regular members of the Planning and Zoning Commission/Capital Improvements Advisory Committee and to change the appointment of Elaine Whitlock from an alternate member to a regular member, Place 2, all for terms to expire September 30, Motion was seconded by Mr. Archer and approved unanimously. ADJOURNMENT Mr. Archer to adjourn the meeting. Motion was seconded by Ms. Roberts and approved unanimously. The meeting adjourned at 7:31 p.m. Approved: Attest: Al Forsythe, Mayor Pro Tem Sonja Land, City Secretary Page 6

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