City Council Monday, 2:30 PM City Hall Council Chamber 757 N. Galloway Mesquite, Texas Present: Mayor John Monaco and Councilmembers Shirley Roberts, Al Forsythe, Bill Porter, Stan Pickett, Greg Noschese and Dennis Tarpley, City Manager Ted Barron and City Secretary Sonja Land. PRE-MEETING - COUNCIL CONFERENCE ROOM - 2:30 P.M. AGENDA REVIEW REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 3:12 P.M. INVOCATION Teresa Jackson, Executive Director, Sharing Life Community Outreach, Mesquite, Texas. PLEDGE OF ALLEGIANCE Fourth grade students from Rutherford Elementary School. SPECIAL ANNOUNCEMENTS (1) Ms. Roberts announced the following holiday events: (1) The annual Christmas Tree Lighting Ceremony will take place in Heritage Square on Tuesday, December 3, 2013, at 6:00 p.m. and (2) The 27th annual Christmas in the Park will be held Thursday Saturday, December 5 7, 2013, beginning at 6:00 p.m. at Westlake Park. Activities will include fun for all ages including music and dance groups on the main stage, a live nativity scene, hayrides, letter to Santa, a Yule log, Mrs. Claus cookies, hot drinks and much more. Pictures with Santa will be available for a small fee. She invited everyone to bring their family and friends to these holiday festivities. (2) Ms. Roberts announced that a free tree event, hosted by the City of Mesquite Parks & Recreation Department as a part of the 2013-14 Urban Forestry Program, will take place on Saturday, December 14, 2013, from 9:00 a.m. to Noon at Poteet High School for Mesquite residents. Trees will be given away on a first come, first served basis. She invited residents to take advantage of this opportunity. (3) Mr. Pickett expressed condolences from the Mayor and City Councilmembers to the family of John Heiman, Sr., who passed away on November 28, 2013. Mr. Heiman owned numerous Whataburger restaurants in the area and was the father of former Councilmember John Heiman, Jr. Many thoughts and prayers go out to his family. CITIZENS FORUM George Venner, 612 Parkhaven Drive, spoke in favor of a company interested in locating in the City of Mesquite. Page 1
CONSENT AGENDA Approval of the Consent Agenda Mr. Pickett moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Porter and approved unanimously. 1 Minutes of the regular City Council meeting held November 18, 2013. 2 RFP No. 2013-019 - Annual Medical Plan Reinsurance (Stop Loss). (Authorize the City Manager to finalize and execute the appropriate documents to renew the Medical Plan Reinsurance [Stop Loss] policy with SA Benefit Services for the self-funded medical plan). 3 Bid No. I013-2014 - Neighborhood Stabilization Program for Residential Repairs Located at 700 Windsong, Mesquite, Texas 75149. (Authorize the City Manager to execute a contract with low bidder Add On Construction, Inc., in the amount of $53,476.98.) 4 Bid No. 2014-013 - Annual Supply of Lawn and Ornamental Chemicals. (Authorize the City Manager to execute a contract with low bidder BWI Corporation, Inc., in the amount of $58,793.60.) 5 Bid No. 2014-022 - Truman Heights Park Construction Project. (Authorize the City Manager to execute a contract with LDM Design and Construction in the amount of $151,605.48.) 6 Bid No. 2014-032 - Annual Contract for Raising and/or Undersealing of Concrete Street & Alley Pavement. (Staff recommends award to Nortex Concrete Lift & Stabilization, Inc., through an Interlocal Cooperative Purchasing Agreement with the City of Garland in an amount not to exceed $200,000.00.) 7 Authorize the City Manager to execute a change order to City Contract No 2013-027, Town East 2.0 MG Elevated Water Tank, Phase 1 - Repainting (Interior and Exterior) and Miscellaneous Structural and Page 2
Electrical Improvements, with Classic Protective Coatings, Inc., in the amount of $93,120.00. 8 Ratify the acquisition of property from the Mesquite Independent School District for a school/park site at McKenzie Road and Lakeside Drive in the amount of $175,348.51 and authorize the Mayor to execute the necessary documents. PUBLIC HEARING 9 Conduct a public hearing and consider an ordinance for Application No. 1636-12-2013, submitted by Jackie Barrett, for a zoning change from Commercial to Commercial with a Conditional Use Permit to allow the sale of used merchandise on property located at 4844 Samuell Boulevard, Suite A. (Two letters in favor of the proposed amendment have been received. The Planning and Zoning Commission recommends approval of the application with certain stipulations.) A public hearing was held to consider Application No. 1636-12-2013, submitted by Jackie Barrett. Jackie Barrett, 1714 Meadow Valley, Dallas, requested a Conditional Use Permit for a resale apparel and home décor retail store. The store is a for-profit business and will be incorporated. Ms. Barrett stated this is her first resale business but currently owns a bonded and insured cleaning service that makes homes ready to sell after foreclosures or evictions. Ms. Barrett takes possession of any remaining items left in the home which will serve as inventory for the retail store. The merchandise would remain in the store between six and nine months and then transitioned out. Employees will include two merchandisers and two cashiers. A donation form requiring personal information will be completed by customers who donate merchandise in an effort to reduce stolen merchandise from entering the store. The applicant is in agreement with the stipulations proposed by the Planning and Zoning Commission. Fernando Rojas, 2423 Lagoon Drive, spoke in favor of the application. No others appeared regarding the proposed zoning change. declared the public hearing closed. Mayor Monaco Mr. Noschese moved to deny Application No. 1636-12-2013. Motion was seconded by Mr. Porter and approved unanimously. OTHER BUSINESS 10 Consideration of a motion to reconsider City Council action taken on November 18, 2013, to deny Application No. 974-10-2013, submitted Page 3
by Jason Acord for QuikTrip Corporation, for a zoning change on property identified as Tract 1 on the northeast corner of Military Parkway and Interstate Highway 635 from Commercial with Military Parkway-Scyene Corridor (MPSC) Overlay to Planned Development - Gateway with MPSC Overlay and on property identified as Tract 2 on the west side on Honorary Road between Military Parkway and Scyene Road from Commercial with MPSC Overlay to Planned Development - Commercial with MPSC Overlay to allow a convenience store with up to 24 fueling positions and modifications from certain standards of the MPSC Overlay District. (One letter in opposition to the proposed amendment has been received. The Planning and Zoning Commission recommends denial of the application. This item was postponed at the September 16, 2013, October 7, 2013 and October 21, 2013, City Council meetings and denied at the November 18, 2013, City Council meeting.) Cindy Steiner, Assistant City Attorney, stated that Item Nos. 10-12 were not advertised as public hearings and advised the Council to not allow public speakers until the items are properly advertised as public hearings. Item No. 10 is a motion to reconsider the zoning application. A Councilmember who is eligible to make a motion to reconsider is a member who voted on the prevailing side to deny the matter at the November 18, 2013, City Council meeting. There are four Councilmembers eligible to make the motion. If the motion for Item No. 10 is successful, according to the Council rules, the matter would be placed on a subsequent agenda for a public hearing to be reopened and accept public comments. Item No. 11 is a motion to suspend that portion of the Council rule which would allow the Council to make a decision on the matter today. Mayor Monaco announced that registration cards were received from George Venner, Barbara Rojas and Preston Patterson and per the City Attorney s recommendation, they will not have the opportunity to speak on the matter unless or until the public hearing is reopened. Mr. Noschese moved to suspend the rules to allow Item Nos. 10, 11 and 12 to be tabled. Motion was seconded by Mr. Tarpley. On call for a vote on the motion, the following votes were cast: Ayes: Noschese, Tarpley, Porter Nayes: Monaco, Roberts, Forsythe, Pickett Motion failed. Item No. 13. Because this motion failed, the Mayor proceeded to Agenda 11 Consideration of a motion to temporarily suspend Rule 6.6 of the City Council Rules of Procedure to allow City Council action to be taken on Application No. 974-10-2013, submitted by Jason Acord for QuikTrip Corporation, at the, City Council meeting without reopening the public hearing or issuing new notices on the zoning application. 12 Consider an ordinance for Application No. 974-10-2013, submitted by Page 4
Jason Acord for QuikTrip Corporation, for a zoning change on property identified as Tract 1 on the northeast corner of Military Parkway and Interstate Highway 635 from Commercial with Military Parkway-Scyene Corridor (MPSC) Overlay to Planned Development - Gateway with MPSC Overlay and on property identified as Tract 2 on the west side on Honorary Road between Military Parkway and Scyene Road from Commercial with MPSC Overlay to Planned Development - Commercial with MPSC Overlay to allow a convenience store with up to 24 fueling positions and modifications from certain standards of the MPSC Overlay District. (One letter in opposition to the proposed amendment has been received. The Planning and Zoning Commission recommends denial of the application. This item was postponed at the September 16, 2013, October 7, 2013 and October 21, 2013, City Council meetings and denied at the November 18, 2013, City Council meeting.) APPOINTMENTS TO BOARDS AND COMMISSIONS 13 Consider appointment of one regular member to the Mesquite Housing Board for a term to expire December 3, 2014, and three regular members for terms to expire December 3, 2015. Mr. Pickett moved to reappoint James Coleman as a member of the Mesquite Housing Board for a term to expire December 3, 2014, and David Gustof, Betty Leonardo and Ginny Stuit for terms to expire December 3, 2015. Motion was seconded by Ms. Roberts and approved unanimously. ADJOURNMENT Ms. Roberts moved to adjourn the meeting. Motion was seconded by Mr. Pickett and approved unanimously. The meeting adjourned at 3:44 p.m. Approved: Attest: John Monaco, Mayor Sonja Land, City Secretary Page 5