Tuesday, 12:00 PM City Hall Council Chamber 757 N. Galloway Mesquite, Texas Present: Mayor John Monaco and Councilmembers Al Forsythe, Greg Noschese, Bill Porter, Bruce Archer and Shirley Roberts, City Manager Ted Barron and City Secretary Sonja Land. Absent: Councilmember Dennis Tarpley. PRE-MEETING - COUNCIL CONFERENCE ROOM - 12:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding dog parks. Council directed staff to gather additional information and report back at a later date. 2 Receive briefing regarding projects for downtown Mesquite and Heritage Square. Council directed staff to gather additional information and report back at a later date. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 12:09 P.M. The met in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (discuss the purchase/donation of real property located on Mesquite Valley Road); whereupon, the proceeded to meet in the Executive Conference Room. After the closed meeting ended at 12:18 p.m., the reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 12:19 P.M. The met in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (consider a resolution approving an Economic Development 380 Agreement with Vanston Park Investments, L.P., for the Villas of Vanston Park Project, a vertical mixed-use multi-family housing project, to provide economic development incentives to construct public infrastructure consisting of streets, water and sewer lines and other streetscape improvements on an undeveloped 3.5-acre tract located within the North Gus Thomasson Corridor Revitalization District at 4540 Gus Thomasson Road); whereupon, the proceeded to meet in the Executive Conference Room. After the Page 1
closed meeting ended at 1:09 p.m., the reconvened in Open Session. See Agenda Item No. 12 for executive action taken. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 3:00 P.M. INVOCATION Danny Mack, Chaplain, Christian Care Centers, Mesquite, Texas. PLEDGE OF ALLEGIANCE Recreation After School Participants from Rutherford Recreation Center. SPECIAL ANNOUNCEMENTS (1) Ms. Roberts invited everyone to visit the Artisans & Farmer s Market on Saturday, September 13, in the Historic Downtown Square from 9:00 a.m. to 2:00 p.m. This European style market offers a variety of local produce, food, artisan/craftsman vendors and live music. (2) Mr. Porter announced that the new school year has begun and wished everyone a great year. CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved unanimously. 3 Minutes of the regular meeting held August 18, 2014. 4 A resolution endorsing the 2014-15 Speed Safety Grant for the Selective Traffic Enforcement Program ( STEP ) and authorizing the City Manager to execute the necessary documents with the Texas Department of Transportation. Resolution No. 29-2014, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ENDORSING THE 2014-15 SPEED SAFETY GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM ( STEP ) PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THIS PROJECT. (Resolution No. 29-2014 recorded on page of Resolution Book No. 46.) 5 A resolution authorizing the Mayor to execute an Interlocal Cooperative-Purchasing Agreement with The Interlocal Purchasing System (TIPS) to allow the purchase of goods and services. Page 2
Resolution No. 30-2014, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE INTERLOCAL PURCHASING SYSTEM. (Resolution No. 30-2014 recorded on page of Resolution Book No. 46.) 6 Authorize the Mayor to execute a Third Amendment to Communications Facilities License with New Cingular Wireless PCS, LLC (formerly AT&T Mobility Texas, LLC) to complete structural modifications of the City s Service Center Communications Tower as designed, and to add six additional antennas, four additional trunk cables and other related equipment as specified in the License Agreement, on the City s Service Center Tower. 7 Accept the donation of property located at 1529 Woodcrest Drive and authorize the City Manager to execute the necessary documents related to said donation. PUBLIC HEARINGS 8 Conduct a public hearing to receive input from citizens regarding the proposed fiscal year 2014-15 budget. A public hearing was held to receive input from citizens regarding the proposed fiscal year 2014-15 budget. No one appeared regarding the 2014-15 City budget. Mayor Monaco declared the public hearing closed. 9 Conduct a public hearing regarding the proposed 2014-15 ad valorem tax rate of $.64 per $100 valuation. A public hearing was held regarding the proposed 2014-15 ad valorem tax rate of $.64 per $100 valuation. No one appeared regarding the proposed 2014-15 ad valorem tax rate of $.64 per $100 valuation. Mayor Monaco declared the public hearing closed. 10 Conduct a public hearing and consider an ordinance for Application No. 1462-244A-2014, submitted by Jared Routon of Game Trade, Inc., for a zoning change from General Retail to General Retail with a Conditional Use Permit for the sale of used video games and used video game equipment located at 1425 Gross Road, Suite 102. (One letter in favor of the proposed amendment has been received. The Planning and Zoning Commission recommends approval of the application with certain stipulations.) A public hearing was held for Application No. 1462-244A-2014. Jared Routon, 306 Meadowcreek Drive, stated that Game Trade was granted a Page 3
Conditional Use Permit in 2004 that allowed the sale of used video games and used video game equipment. Mr. Routon explained that he is proposing to relocate the business to a larger space in the same shopping center in order to expand and update the business. Mr. Routon agreed to the proposed stipulations. No one appeared regarding the proposed zoning change. Mayor Monaco declared the public hearing closed. Mr. Noschese moved to approve Application No. 1462-244A-2014, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. Except as otherwise provided in this paragraph, used merchandise is prohibited. Used video games and video game equipment are permitted provided that they comprise no more than 30 percent of the total sales inventory. 2. Merchandise display shall be orderly and similar in style and organization to typical displays at general merchandise and department stores. 3. No display of used merchandise shall be permitted outside the establishment. 4. All display merchandise shall be clean and operational. The display of severely damaged items is prohibited. 5. The Conditional Use Permit is granted specifically to Jared Routon and/or Game Trade, Inc. 6. The Conditional Use Permit cannot be subject to assignment, transfer or alienation. And to approve Ordinance No. 4324, 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 CONDITIONAL USE PERMIT ON PROPERTY ZONED GENERAL RETAIL AND LOCATED AT 1425 GROSS ROAD, SUITE 102 THEREBY ALLOWING THE SALE OF USED MERCHANDISE SUBJECT TO CERTAIN STIPULATIONS; 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. Porter and approved unanimously. (Ordinance No. 4324 recorded on page of Ordinance Book No. 104.) 11 Conduct a public hearing and consider an ordinance for Application No. SKB-5-2014, submitted by Mohammad Qureshi for Qureshi & Nguyen Properties, LLC, for an amendment to Planned Development Ordinance No. 3870 to modify the uses authorized on property located at 3730 U.S. Highway 80. (One letter in favor and one letter in opposition to the proposed amendment have been received. The Planning and Zoning Commission recommends approval of the application with certain stipulations. This item was postponed at the, meeting.) A public hearing was held for Application No. SKB-5-2014. Mohammad Qureshi, representing Qureshi & Nguyen Properties, LLC, requested the property be rezoned in order to expand potential uses. Mr. Quereshi agreed to postpone the application. Page 4
Mr. Noschese moved to postpone Application No. SKB-5-2014, submitted by Mohammad Qureshi for Qureshi & Nguyen Properties, LLC, for an amendment to Planned Development Ordinance No. 3870 to modify the uses authorized on property located at 3730 U.S. Highway 80 to the September 15, 2014, meeting. Motion was seconded by Mr. Archer and approved unanimously. 12 Conduct a public hearing and consider a resolution approving an Economic Development 380 Agreement with Vanston Park Investments, L.P., for the Villas of Vanston Park Project, a vertical mixed-use multi-family housing project, to provide economic development incentives to construct public infrastructure consisting of streets, water and sewer lines and other streetscape improvements on an undeveloped 3.5-acre tract located within the North Gus Thomasson Corridor Revitalization District at 4540 Gus Thomasson Road. A public hearing was held for an Economic Development 380 Agreement with Vanston Park Investments, L.P., for the Villas of Vanston Park Project. Richard Gertson, Director of Community Development, stated that in February 2013 the committed to provide $1.86 million for a local contribution to the Villas of Vanston Park (VVP) and assist the developer in gaining tax credits from the Texas Department of Housing and Community Affairs (TDHCA). In August 2013, the reconfirmed its commitment to the project, including a required loan in the amount of $1,127,400, and the developer is ready to proceed with the project. The proposed 380 agreement outlines the package of economic development incentives. The architectural design is complete and staff is ready to issue a building permit for the project. Mr. Gertson stated that the project site consists of approximately 3.5 acres and occupies the heart of the Thomasson Square Project (TSP) between Moon Drive-Whitson Way and Karla Drive and between Gus Thomasson Road and Forrest Drive. The developer will construct a new public street between Gus Thomasson Road and Forrest Drive. The 155-unit vertical mixed-use complex will front all public streets, consist of three stories with ground floor retail, structured parking with liners on the interior of the project, and 9,000 square feet of retail, office and live-work units. Mr. Gertson explained that the total local commitment is $1.7 million and the proposed 380 agreement covers $1,657,400. The balance of $42,600 represents the value of a perpetual roadway easement. The original commitment was an additional $186,000; however, the total number of tax credit units has decreased during the evolution of the project. The TDHCA s underwriting requirement of a loan in the amount of $1,127,400 will be used to construct the street, water, sewer and drainage improvements and includes $276,000 of in-kind work the City will perform in the right-of-way in connection with the TSP, which abuts to the VVP. If the project is substantially completed and a certificate of occupancy is issued by December 31, 2015, the final loan amount is reduced to $684,400 and up to $167,000 will be converted to a grant. If the loan is paid over the term of 15 years, up to $266,000 will be paid in interest to the City. The package also includes a $443,000 credit in housing vouchers. The Council approved the dedication of up to 18 vouchers to the project in August 2013, and there is no cost to the City for the vouchers. A development fees grant in the amount of $87,000 represents fee waivers for permits and infrastructure inspection charges. Page 5
Mr. Gertson stated that the City will receive public infrastructure such as street, water, sewer and drainage improvements that will be dedicated to the City as public improvements. The impact of the VVP will increase taxable land and improvement value in the TSP area by 60 percent, generate approximately $950,000 in sales taxes through 2025 and $1.9 million in fees through 2025. The project satisfies the North Central Texas Council of Government s vertical mixed-use requirement for the TSP and will release $375,000 over the life of the project upon issuance of the multi-family permit. Previous housing and retail studies recommend the multi-family component to the Gus Thomasson Corridor. No one appeared regarding an Economic Development 380 Agreement with Vanston Park Investments, L.P., for the Villas of Vanston Park Project. Mayor Monaco declared the public hearing closed. Mr. Noschese and Mr. Archer expressed opposition to the proposed Economic Development 380 Agreement. Ms. Roberts moved to approve an Economic Development 380 Agreement with Vanston Park Investments, L.P., for the Villas of Vanston Park Project, a vertical mixed-use multi-family housing project, to provide economic development incentives to construct public infrastructure consisting of streets, water and sewer lines and other streetscape improvements on an undeveloped 3.5-acre tract located within the North Gus Thomasson Corridor Revitalization District at 4540 Gus Thomasson Road, and to approve Resolution No. 31-2014, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT FOR SUCH PURPOSES WITH VANSTON PARK INVESTMENTS, LP, FOR THE VILLAS OF VANSTON PARK PROJECT LOCATED AT 4540 GUS THOMASSON ROAD, MESQUITE, DALLAS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Forsythe. On call for a vote on the motion, the following votes were cast: Ayes: Roberts, Forsythe, Monaco, Porter Nayes: Noschese, Archer Absent: Tarpley Motion carried. (Resolution No. 31-2014 recorded on page of Resolution Book No. 46.) OTHER BUSINESS Consider passage of the following ordinances relating to the 2014-15 Budget: 13 Consider an ordinance providing funds for the fiscal year 2014-2015 by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the General and other revenues of the City of Mesquite for said fiscal year for the maintenance and operation of various departments and for various activities and improvements. Mr. Noschese moved to postpone consideration of an ordinance providing funds for the fiscal year 2014-2015 by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the Page 6
General and other revenues of the City of Mesquite for said fiscal year for the maintenance and operation of various departments and for various activities and improvements. Motion was seconded by Mr. Archer and approved unanimously. 14 Consider an ordinance ratifying the increase in property tax revenue reflected in the fiscal year 2014-15 budget. Mr. Noschese moved to postpone consideration of an ordinance ratifying the increase in property tax revenue reflected in the fiscal year 2014-15 budget. Motion was seconded by Ms. Roberts and approved unanimously. 15 Consider an ordinance, on first reading, amending Chapter 11 of the City Code amending the municipal drainage utility system rates, effective October 1, 2014. Ted Chinn, Managing Director of Administrative Services, stated that this year marks the second year of the directed three-year, phase-in period, of proposed Drainage Utility District rate increases of $0.50 per month for single-family residential property, from the current rate of $3.50 per month to $4.00 per month, and for all other developed property not exempt by State law, a proposed rate increase of $0.02 per 100 square feet of impervious cover, from the current rate of $0.07 to $0.09 per 100 square feet of impervious cover. Mr. Archer moved to approve AN ORDINANCE, ON FIRST READING, OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 11 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTION 11-42(a) IN ITS ENTIRETY AND ADDING A NEW SECTION 11-42(a) THEREBY AMENDING THE MUNICIPAL DRAINAGE UTILITY SYSTEM RATES; ESTABLISHING OCTOBER 1, 2014, AS THE DATE SUCH RATES BECOME EFFECTIVE; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Porter and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 16 Consider electing members to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees, Places 1-4. Ms. Roberts moved to elect Robert T. Herrera, Place 1; John W. Fullen, Place 2; George Shackelford, Place 3; and Peter Vargas, Place 4, as members of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. Motion was seconded by Mr. Porter and approved unanimously. 17 Consider appointment of one member to the Mesquite Quality of Life Corporation Board of Directors for a term to expire August 19, 2015. Mr. Noschese moved to appoint David Burris as a member of the Mesquite Quality of Life Corporation Board of Directors for a term to expire August 19, 2015. Motion was seconded by Mr. Archer and approved unanimously. 18 Consider appointment of five members to the Animal Control Advisory Committee for terms to expire September 8, 2016. Ms. Roberts moved to appoint Dr. Joshua Cope, Anne Simmons, Valerie Bradley, Karen McLeod-Ellis and Jimmy Stephens as members of the Animal Control Advisory Committee for terms to expire September 8, 2016. Motion was seconded by Mr. Archer and approved unanimously. Page 7
ADJOURNMENT Mr. Porter moved to adjourn the meeting. Motion was seconded by Mr. Archer and approved unanimously. The meeting adjourned at 3:38 p.m. Approved: Attest: John Monaco, Mayor Sonja Land, City Secretary Page 8