MINUTES OF REGULAR CITY COUNCIL MEETING HELD BEGINNING AT 11:30 A.M., OCTOBER 15, 2007, CITY COUNCIL CHAMBER, CITY HALL, 711 N. GALLOWAY. Present: Mayor Pro Tem David Paschall and Councilmembers John Heiman, John Monaco, Dennis Tarpley, Stan Pickett and Shirley Roberts, City Manager Ted Barron and City Secretary Judy Womack. PRE-MEETING CITY COUNCIL CONFERENCE ROOM 11:30 A.M. The City Council met in the City Council Conference Room beginning at 11:30 a.m., to discuss the items on the Regular Agenda and discuss: (1) traffic calming options, (2) election process outlined in Article IV, Section 10 of Mesquite City Charter and (3) proposed amendments to Section 10-14 of City Code regarding parking. REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBER 3:05 P.M. Invocation was given by Mike Pettitt, Pastor, North Mesquite Assembly of God, Mesquite, Texas. Texas. The Pledge of Allegiance was led by students from Meadow Oaks Academy, Mesquite, SPECIAL ANNOUNCEMENTS. (1) Ms. Roberts announced that Saturday, October 13, was the annual Addressing Mesquite Day event. Approximately 900 volunteers participated. The Association of Realtors partnered with the Mesquite Fire Department to install smoke detectors in the 85 homes targeted for maintenance. (2) Ms. Roberts announced that Saturday, October 20, is the annual Pumpkin Fest hosted by Old Town Mesquite, Inc. This year s event will be held at City Lake Park from 1:00 p.m. to 9:00 p.m. (3) Ms. Roberts announced that the week of October 15, is Red Ribbon Week in Mesquite. This year s theme is Choose To Be Drug-Free. (4) Mayor Pro Tem Paschall announced that Item No. 20 on today s Council agenda will be postponed until the November 5, 2007, City Council meeting to allow the applicant for Zoning Case No. 1462-257 time to determine whether he wants to appeal the decision of the Planning and Zoning Commission to deny the request. PRESENTATION OF PLAQUE. 1. PRESENTATION OF A PLAQUE TO SANDIE THOMPSON IN RECOGNITION OF HER SERVICE AS A MEMBER OF THE PLANNING AND ZONING COMMISSION/CAPITAL IMPROVEMENTS ADVISORY COMMITTEE.
Page 2 Mayor Pro Tem Paschall presented a plaque to Sandie Thompson in recognition of her service as a member of the Planning and Zoning Commission/Capital Improvements Advisory Committee from March 2005 to September 2007. CONSENT AGENDA. Mr. Pickett moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Monaco and approved unanimously. 2. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD OCTOBER 2, 2007. 3. ORDINANCE NO. 3903 ADOPTING SUPPLEMENT NO. 34 TO THE CITY CODE. AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING SUPPLEMENT NUMBER 34 (ORDINANCES FEBRUARY 2007 THROUGH JULY 2007) 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. 3903 recorded on page of Ordinance Book No. 88.) 4. ORDINANCE NO. 3904 AMENDING SECTION 8-840 OF THE CITY CODE. AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MESQUITE BY DELETING SECTION 8-840 IN ITS ENTIRETY AND ADDING A NEW SECTION 8-840 THEREBY REGULATING SALES OF ALCOHOLIC BEVERAGES NEAR CHURCHES OR SCHOOLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND DECLARING AN EMERGENCY. (Ordinance No. 3904 recorded on page of Ordinance Book No. 88.) 5. ORDINANCE NO. 3905 ZONING APPLICATION NO. 1419-2 SUBMITTED BY BALDWIN & ASSOCIATES ON BEHALF OF BUCKNER INTERNATIONAL. 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 TO PLANNED DEVELOPMENT INDUSTRIAL SUBJECT TO CERTAIN STIPULATIONS; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. (Ordinance No. 3905 recorded on page of Ordinance Book No. 88.)
Page 3 6. RESOLUTION NO. 48-2007 AUTHORIZING THE FIRE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING AGREEMENT WITH THE CITY OF FORNEY REGARDING PROCEDURES FOR IMPLEMENTING AN AUTOMATIC ASSISTANCE RESPONSE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE FIRE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE CITY OF MESQUITE AND THE CITY OF FORNEY OUTLINING THE PROCEDURES FOR IMPLEMENTING AN AUTOMATIC ASSISTANCE RESPONSE BETWEEN THE CITY OF MESQUITE FIRE DEPARTMENT AND THE CITY OF FORNEY FIRE DEPARTMENT. (Resolution No. 48-2007 recorded on page of Resolution Book No. 40.) 7. RESOLUTION NO. 49-2007 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AUTHORIZATION LETTER WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS TO PROVIDE ADMINISTRATION AND IMPLEMENTATION ASSISTANCE IN COMPLIANCE WITH THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) STORM WATER DISCHARGE PERMIT IN AN AMOUNT NOT TO EXCEED $6,271.00. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR THE PERIOD FROM OCTOBER 1, 2007, TO SEPTEMBER 30, 2012, THEREBY AUTHORIZING THE CITY OF MESQUITE S PARTICIPATION IN THE EXPANDED REGIONAL STORM WATER MANAGEMENT PROGRAM. (Resolution No. 49-2007 recorded on page of Resolution Book No. 40.) 8. RFP NO. 2007-094 ANNUAL CONTRACT FOR THE DESIGN AND PURCHASE OF ORNAMENTAL STREETLIGHTS CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH THE LIGHTING ALLIANCE IN AN AMOUNT NOT TO EXCEED $400,000.00. 9. BID NO. 2008-015 SIX 33,000 GVW CAB AND CHASSIS WITH REFUSE BODIES AWARDED TO RUSH TRUCK CENTER IN HOUSTON, TEXAS, THROUGH BUYBOARD, SPONSORED BY THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE CONTRACT, IN THE AMOUNT OF $462,268.00. 10. BID NO. 2008-016 ONE 33,000 GVW CAB AND CHASSIS WITH KNUCKLE BOOM AWARDED TO RUSH TRUCK CENTER IN HOUSTON, TEXAS, THROUGH BUYBOARD, SPONSORED BY THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE CONTRACT, IN THE AMOUNT OF $93,485.00.
Page 4 11. BID NO. 2008-017 TWO 27,000 GVW CAB AND CHASSIS WITH DUMP BODIES AWARDED TO RUSH TRUCK CENTER IN HOUSTON, TEXAS, THROUGH BUYBOARD, SPONSORED BY THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE CONTRACT, IN THE AMOUNT OF $96,552.00. 12. BID NO. 2008-019 ONE 25,000 GVW CAB AND CHASSIS WITH DUMP BODY AWARDED TO RUSH TRUCK CENTER IN HOUSTON, TEXAS, THROUGH BUYBOARD, SPONSORED BY THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE CONTRACT, IN THE AMOUNT OF $44,501.00. 13. BID NO. 2008-026 TRACK EXCAVATOR (CASE) AWARDED TO EQUIPMENT SUPPORT SERVICES, INC., IN EULESS, TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $126,131.01. 14. BID NO. 2008-037 TWO 46,000 GVW CAB AND CHASSIS WITH DUMP BODIES AWARDED TO FREIGHTLINER OF AUSTIN, IN AUSTIN, TEXAS, THROUGH BUYBOARD, SPONSORED BY THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE CONTRACT, IN THE AMOUNT OF $219,812.00. 15. BID NO. 2008-038 ANNUAL SUPPLY OF PERSONAL COMPUTERS AWARDED TO DELL, INC., FOR PERSONAL COMPUTERS; SHI- GOVERNMENT SOLUTIONS FOR SOFTWARE AND SOFTWARE LICENSES AND WORKHORSE COMPUTERS FOR UNINTERRUPTIBLE POWER SUPPLIES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES IN THE TOTAL AMOUNT OF $216,810.42. 16. CITY MANAGER AUTHORIZED TO EXECUTE A LETTER OF AUTHORIZATION WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR THE FY 2008 REGIONAL STORM WATER MONITORING PROGRAM IN COMPLIANCE WITH THE TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM (TPDES) STORM WATER DISCHARGE PERMIT IN AN AMOUNT NOT TO EXCEED $42,461.00. 17. CITY MANAGER AUTHORIZED TO EXECUTE A PARK USE PERMIT FOR THE 2007 OLD TOWN MESQUITE, INC., PUMPKIN FEST TO BE HELD SATURDAY, OCTOBER 20, 2007, AT CITY LAKE PARK. 18. CHANGE ORDER REPORT RECEIVED FROM CITY MANAGER. (CE27-7220, ANNUAL HERBICIDE TREATMENT OF EXPANSION JOINTS ON CITY OF MESQUITE ARTERIAL STREETS - $1,485.80 AND CE2007-072, TOWN EAST PLAYGROUND IMPROVEMENTS - $2,292.97.) 18. B. BID NO. 2008-006 ANNUAL MOWING SERVICES FOR ENVIRONMENTAL CODE AWARDED TO LOW BIDDER 3-D MOWING SERVICES IN THE AMOUNT OF $157,700.00.
Page 5 END OF CONSENT AGENDA. PUBLIC HEARINGS. 19. PUBLIC HEARING ZONING APPLICATION NO. 1059-61 SUBMITTED BY GOODWIN COMMERCIAL PROPERTIES ON BEHALF OF BJ S RESTAURANT, INC., AND ORDINANCE NO. 3906 FOR A ZONING CHANGE FROM COMMERCIAL AND TOWN EAST RETAIL AND RESTAURANT AREA (TERRA) OVERLAY DISTRICT, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE PROPERTY TO BE USED FOR A PRIVATE CLUB AND RESTAURANT IN ADDITION TO OTHER USES ALLOWED AT 2063 TOWN EAST MALL APPROVED. A public hearing was held to consider Application No. 1059-61 submitted by Goodwin Commercial Properties on behalf of BJ s Restaurant, Inc., and an ordinance for a zoning change from Commercial and Town East Retail and Restaurant Area (TERRA) Overlay District, approving a Conditional Use Permit to allow the property to be used for a private club and restaurant in addition to other uses allowed in a Commercial District at Town East Mall, Block A, Lots 1 through 7. This property is further described as a 9,000-square-foot lease space located within Town East Mall (2063 Town East Mall). Pam Goodwin, Goodwin Commercial Properties, and Deb Chappel, Director of Real Estate for BJ s Restaurants, Inc., presented the zoning application. Ms. Chappel stated that the headquarters for BJ s Restaurants, Inc., are located in Huntington Beach, California. She stated that there are currently 66 restaurants nationwide with eight located in Texas, all of which offer a premium casual dining experience featuring over 100 menu items. The proposed restaurant will be located at the north entrance of Town East Mall, between Dillards and Sears, with an additional 40 feet added to the existing space. Kelly Howden, Vice President Group Director of General Growth Properties, expressed support for the addition of BJ s Restaurant at Town East Mall. He stated that since the recent renovation, the mall has improved its tenant mix and feels that BJ s Restaurant will be an excellent addition to the mall which can accommodate three to four full-size restaurants in addition to a food court. Mr. Howden stated that he currently manages 10 mall properties in North Texas and Oklahoma. He added that a BJ s Restaurant recently opened in Quail Springs Mall in Oklahoma City which has been very successful. Mr. Howden stated that the design concept for BJ s at Town East Mall is typical of the restaurants nationwide. Mr. Pickett expressed support for the addition of BJ s Restaurant at Town East Mall. Terry McCullar, President of the Mesquite Chamber of Commerce and Convention and Visitors Bureau, expressed support for the addition of BJ s Restaurant at Town East Mall. No others appeared regarding the proposed zoning change. Mayor Pro Tem Paschall declared the public hearing closed.
Page 6 Richard Gertson, Director of Community Development, stated that at this time, in the private club and overlay district, restaurants are required to screen the bar area from the seating area. This concept is different since the bar area will not be screened from the entrance to the facility. Mr. Heiman expressed opposition to the proposed zoning change and stated that he would not be able to support the application because it does not meet the guidelines of the overlay district. Ms. Chappel stated that, if approved, construction is planned to begin in late 2007 or early 2008 with an anticipated opening in 2008. Mr. Pickett moved to approve Application No. 1059-61 for a zoning change from Commercial and Town East Retail and Restaurant Area (TERRA) Overlay District, approving a Conditional Use Permit to allow the property to be used for a private club and restaurant in addition to other uses allowed, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. The establishment shall be a sit-down restaurant and must obtain and maintain a Food and Beverage Permit from the TABC. Cafeteria-style service shall be prohibited. 2. The restaurant shall have an exterior entrance. Entrances from the interior of the mall will be allowed, but are optional. 3. The bar area shall not be required to be screened from any entrance or foyer areas. 4. Game machines and game tables shall be prohibited. 5. No alcoholic beverages shall be allowed beyond the confines of the restaurant. Utilizing the mall as a waiting area after alcoholic beverages have been served shall be prohibited. 6. If the building footprint is expanded for this use, foundation landscaping shall be provided in the vicinity of the proposed restaurant at appropriate locations between the structure and the parking lot. Such landscaping may consist of trees, shrubs and/or flowers. Landscaping shall be subject to approval by the Director of Community Development. 7. A sidewalk shall be maintained for use by mall patrons that will allow pedestrians to move past the proposed establishment without having to cross or step into areas designed for vehicular traffic. 8. An outdoor waiting area may be provided and may include benches, landscaping, decorative lighting, sidewalks and/or a patio. Alcohol shall be prohibited in any outdoor waiting area and such an area shall not obstruct any sidewalk. The design of an outdoor waiting area is subject to approval by the Director of Community Development. 9. No new pole or monument signs shall be permitted. 10. There shall be no on-site advertising of alcoholic beverages (including brands of alcohol or terminology associated with alcohol) visible from outside of the restaurant except on a permitted sign where a beverage term is part of the established trade name (e.g. Steak and Ale ).
Page 7 And, to approve Ordinance No. 3906, 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 AND TERRA OVERLAY TO COMMERCIAL AND TERRA OVERLAY WITH A CONDITIONAL USE PERMIT THEREBY ALLOWING A PRIVATE CLUB SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDIANCE; 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 Ms. Roberts. On call for a vote on the motion, the following votes were cast: Ayes: Pickett, Roberts, Paschall, Tarpley, Monaco Nayes: Heiman Motion carried. (Ordinance No. 3906 recorded on page of Ordinance Book No. 88.) 20. PUBLIC HEARING ZONING APPLICATION NO. 1462-257 SUBMITTED BY RAJ PATEL ON BEHALF OF IVEY LUMBER SALES FOR A ZONING CHANGE FROM GENERAL RETAIL TO PLANNED DEVELOPMENT GENERAL RETAIL TO ALLOW THE PROPERTY TO BE USED FOR A GENERAL SERVICE HOTEL AND RESTAURANT AT 1000 RIDGEVIEW STREET POSTPONED UNTIL THE NOVEMBER 5, 2007, CITY COUNCIL MEETING. A public hearing was scheduled to be held to consider Application No. 1462-257 submitted by Raj Patel on behalf of Ivey Lumber Sales for a zoning change from General Retail to Planned Development General Retail to allow the property to be used for a general service hotel and restaurant at Northridge Estates 6, Part of Lot 5. This property is further described as a 2.19-acre tract located at 1000 Ridgeview Street. Mr. Monaco moved to postpone consideration of Application No. 1462-257 for a zoning change from General Retail to Planned Development General Retail until the November 5, 2007, City Council meeting. Motion was seconded by Ms. Roberts and approved unanimously. OTHER BUSINESS. 21. CANCELLED THE REGULAR CITY COUNCIL MEETING SCHEDULED TO BE HELD JANUARY 21, 2008, DUE TO THE MARTIN LUTHER KING, JR., DAY HOLIDAY AND RESCHEDULED THE REGULAR CITY COUNCIL MEETING FOR TUESDAY, JANUARY 22, 2008. Mr. Pickett moved to cancel the regular City Council meeting scheduled to be held January 21, 2008, due to the Martin Luther King, Jr., Day, holiday and to reschedule the regular City Council meeting for Tuesday, January 22, 2008. Motion was seconded by Ms. Roberts and approved unanimously.
Page 8 APPOINTMENTS TO BOARDS AND COMMISSIONS. 22. APPOINTMENT OF THREE REGULAR MEMBERS AND ONE ALTERNATE MEMBER TO THE PARKS AND RECREATION ADVISORY BOARD/TREE BOARD FOR TERMS TO EXPIRE OCTOBER 21, 2009. Mr. Monaco moved to reappoint Richard Davis, Andrea Jasper and Phillip Hawkins as regular members of the Parks and Recreation Advisory Board/Tree Board and to appoint Andrew Leake as a senior alternate member for terms to expire October 21, 2009. Motion was seconded by Mr. Pickett and approved unanimously. Ms. Roberts moved to adjourn the meeting. Motion was seconded by Mr. Tarpley. Mayor Pro Tem Paschall announced that the City Council would adjourn to discuss Pre- Meeting Item No. 2 and reconvene in Open Session at the conclusion of their discussion. Ms. Roberts withdrew her motion. Mr. Tarpley withdrew his second. PRE-MEETING CITY COUNCIL CONFERENCE ROOM 3:30 P. M. Mayor Pro Tem Paschall announced that the City Council would meet in the City Council Conference Room beginning at 3:30 p.m., to discuss the election process outlined in Article IV, Section 10 of Mesquite City Charter. Mr. Heiman moved to adjourn the meeting. Motion was seconded by Mr. Pickett and approved unanimously. The meeting adjourned at 3:45 p.m. Judy Womack City Secretary David Paschall Mayor Pro Tem