City Council Monday, 12:30 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 - 12:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the existing district, zones and other planning documents applicable to the area from the Mesquite Arena to Downtown along the Military Parkway-Scyene Road corridor. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 12:40 P.M. The City Council met in Executive Session pursuant to Section 551.071 of the Texas Government Code to consider pending and contemplated litigation subjects or settlement offers ; whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 12:53 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 1:06 P.M. 2 Receive annual report from the Mesquite Arts Council. Keith Singleton, Chairperson for the Mesquite Arts Council, introduced members of the Board of Directors Judy Skowron, Marcy Watts, Diane Wright and Mesquite Arts Center Manager Mike Templeton and Assistant Manager Christina Flores. Mr. Singleton reviewed the activities at the Mesquite Arts Center for the period from October 1, 2012, through September 30, 2013. During FY 2012-13, the Mesquite Arts Center hosted 553 events with 67,227 participants. Since its opening in 1995, the Arts Center has hosted nearly 1.4 million visitors. Arts Education such as the John & Alta Nichols Children s Art/Theatre Camp, after-school creative writing programs and theatre programs is fundamental to the Arts Council work. Currently, the Art Around Town program includes a Page 1
total of nine sculptures placed in pocket parks, medians and at intersections throughout the city. Mr. Singleton stated that he and his wife plan to fund an endowment to the Arts Center in honor of Mesquite Arts Center Manager Mike Templeton who recently announced his retirement. Councilmembers expressed appreciation to the members of the Mesquite Arts Council for their dedicated work and time contributed to making the arts in Mesquite an asset to the community. The work session ended at 1:12 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 3:00 P.M. INVOCATION Dr. Tom Wilbanks, Pastor, First Presbyterian Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Recreation After School Participants. SPECIAL ANNOUNCEMENTS (1) Mr. Pickett announced that Saturday, October 5, 2013, was the 9th Annual Addressing Mesquite Day event. Over 800 volunteers assisted with various home repair projects and yard work on 70 homes. He expressed appreciation from the Mayor and City Council to the volunteers, staff and sponsors for all of their hard work and dedication in making this a very successful event. (2) Mayor Monaco and City Manager Ted Barron presented Solid Waste Division employees Todd Sanders and Cameron Price with commendations for outstanding service in recognition of their efforts to provide the Mesquite Police Department with information that resulted in a residential burglary being solved. CITIZENS FORUM (1) Robert Fuller, 812 W. Grubb, expressed concern regarding the safety of Hanby Elementary School students. His concerns included needed sidewalk repairs and speeding vehicles on Grubb Drive. (2) Henry Brown, 211 Athel Drive, expressed support for providing a safe haven for the children in his neighborhood, near 1200 North Belt Line Road, with amenities such as a playground and basketball court. Page 2
CONSENT AGENDA Approval of the Consent Agenda Mr. Tarpley requested that Item No. 5 be removed from the Consent Agenda to be considered separately. Mr. Pickett moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Ms. Roberts and approved unanimously. 3 Minutes of the regular City Council meeting held September 16, 2013, and the Special City Council meeting held September 25, 2013. 4 An ordinance, on first reading, approving a negotiated resolution with Atmos Energy Corporation, Mid-Tex Division, regarding its 2013 Annual Rate Review Mechanism filing and adopting new rate tariffs consistent with the negotiated settlement. Ordinance No. 4286, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY S 2013 ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; PROVIDING A MOST FAVORED NATIONS CLAUSE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE S LEGAL COUNSEL. (Ordinance No. 4286 recorded on page of Ordinance Book No. 103.) 6 A resolution authorizing the Mayor to execute an Interlocal Cooperative-Purchasing Agreement with the City of Forney to allow the purchase of goods and services. Resolution No. 32-2013, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF FORNEY TO ESTABLISH A COOPERATIVE PURCHASING PROGRAM BETWEEN THE TWO CITIES. (Resolution No. 32-2013 recorded on page of Resolution Book No. 46.) 7 Bid No. 2014-004 - Purchase of One 1500 GPM Pumper Truck. (Staff recommends award to Spartan ERV, represented by Metro Fire Page 3
Apparatus Specialists, Inc., through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program, in the amount of $514,887.00.) 8 Bid No. 2014-009 - Annual Supply of Mesquite Fire Department Uniforms and Clothing. (Staff recommends award to GST Public Safety Supply, LLC, in the amount of $82,000.00.) CONSENT AGENDA ITEM CONSIDERED SEPARATELY 5 An ordinance providing for the abandonment of portions of three utility easements located near Gus Thomasson Road in the Cramer Addition. Mr. Tarpley moved to deny an ordinance providing for the abandonment of portions of three utility easements located near Gus Thomasson Road in the Cramer Addition. Motion was seconded by Mr. Noschese. On call for a vote, the following votes were cast: Ayes: Tarpley, Noschese, Porter Nayes: Monaco, Forsythe, Pickett, Roberts Motion failed. Ms. Roberts moved to approve Ordinance No. 4287, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FOR THE ABANDONMENT OF PORTIONS OF THREE UTILITY EASEMENTS LOCATED NEAR GUS THOMASSON ROAD IN THE CRAMER ADDITION; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Forsythe. On call for a vote, the following votes were cast: Ayes: Roberts, Forsythe, Monaco, Pickett Nayes: Porter, Noschese, Tarpley Motion carried. (Ordinance No. 4287 recorded on page of Ordinance Book No. 103.) END OF CONSENT AGENDA PUBLIC HEARINGS 9 Conduct a public hearing and consider an ordinance for Application No. 974-10-2013, submitted 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 Page 4
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, City Council meeting.) A public hearing was held to consider Application No. 974-10-2013, submitted 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 of 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. This item was postponed at the September 16, 2013, City Council meeting. Richard Gertson, Director of Community Development, stated that the proposed ordinance prepared by Staff achieves a compromise between the applicant s most essential operational needs and the MPSC requirements. It allows for an expanded parking field with up to 54 spaces and 24 fueling positions. The structure would be placed at the right-of-way line, next to a roadway assembly that includes an eight-foot sidewalk with an on-street loading zone for deliveries, and an enhanced pedestrian entrance at the north end. The applicant has updated the east façade elevation. However, the applicant has proposed an alternate Planned Development ordinance, which reverts back to its earliest proposal and strikes the requirement for moving the building to the frontage line. It also shifts the structure 25 feet further south and expands the parking field an additional 60 feet along Honorary Road. Mr. Gertson stated that the applicant s proposal is similar to the style and layout of development on the west side of IH 635. The landscaping issues will be addressed at the site plan stage and will be required to adhere to the City s landscape standards. Kirk Williams, representing the property owner, stated that the filed deed restrictions on the property are no longer in force or in effect and the title company has stated it can provide a clean title to the property. Mr. Williams stated that the applicant s revised ordinance includes an updated elevation to the east side of the building, reduced number of parking spaces and a landscaped, screened loading zoning at the back of the building. Mr. Williams submitted a Miscellaneous Work on Highway Right of Way form to Council executed by QuikTrip Corporation and the Texas Department of Transportation regarding the removal of trees, brush and overgrowth from the drainage channel and maintenance of the channel to enhance the overlay district corridor and provide visibility for future commercial developments. Stephen Coke, attorney representing Lahar Holdings, LLC, who is a property owner east of the proposed site, stated that his client is opposed to the Page 5
requested zoning change and that valid restrictive covenants are applicable to the subject property, which limits the construction of a convenience store on the proposed site to no more than 3,500 square feet. Jason Acord, representing QuickTrip Corporation, stated that QuikTrip has upgraded the east façade of the building, reduced the number of parking spaces, added additional landscape screening to the loading zone and agreed to construct an eight-foot sidewalk in the right-of-way. Fernando Rojas, 2423 Lagoon, expressed opposition to the proposed zoning change. No others appeared regarding the proposed zoning change. declared the public hearing closed. Mayor Monaco Mr. Noschese moved to approve an ordinance, as proposed by the applicant in substitution for the Staff s prepared ordinance, 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 ON PROPERTY IDENTIFIED AS TRACT 1 ON THE NORTHEAST CORNER OF MILITARY PARKWAY AND INTERSTATE HIGHWAY 635 FROM COMMERCIAL WITH MILITARY PARKWAY - SCYENE CORRIDOR (MP-SC) OVERLAY TO PLANNED DEVELOPMENT GATEWAY WITH MP-SC OVERLAY AND ON PROPERTY IDENTIFIED AS TRACT 2 ON THE WEST SIDE OF HONORARY ROAD BETWEEN MILITARY PARKWAY AND SCYENE ROAD FROM COMMERCIAL WITH MP-SC OVERLAY TO PLANNED DEVELOPMENT COMMERCIAL WITH MP-SC OVERLAY THEREBY ALLOWING A CONVENIENCE STORE WITH UP TO 24 FUELING POSITIONS AND CHANGES TO THE REQUIREMENTS OF THE MP-SC OVERLAY 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. Motion was seconded by Mr. Tarpley. On call for a vote, the following votes were cast: Ayes: Noschese, Tarpley Nayes: Monaco, Porter, Forsythe, Pickett, Roberts Motion failed. Mr. Noschese moved to postpone consideration of the Staff s prepared ordinance for Application No. 974-10-2013, submitted 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 of 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 to the October 21, 2013, City Council meeting. Motion was seconded by Mr. Tarpley. On call for a vote, the following votes were cast: Ayes: Noschese, Tarpley, Porter, Pickett Page 6
Nayes: Monaco, Forsythe, Roberts Motion carried. Mayor Monaco left the meeting. remainder of the meeting. Mayor Pro Tem Roberts presided over the 10 Conduct a public hearing to receive input regarding a revised schedule of drainage charges for the municipal drainage utility system. A public hearing was held to receive input regarding a revised schedule of drainage charges for the municipal drainage utility system. Ted Chinn, Managing Director of Administrative Services, stated that at the June 3, 2013, City Council meeting, Engineering staff provided background information on the Drainage Utility District (DUD) and future infrastructure needs with a recommendation to increase DUD drainage charges. It was Council consensus to phase-in staff's recommended rate increase of $1.50 for single-family residential property and $0.05 per 100 square feet of impervious cover for other developed property over a three-year period in order to minimize the financial impact to property owners. The proposed ordinance will increase the single-family residential property rates from the current rate of $3.00 per month to $3.50 per month, and for all other developed property not exempt by State law, from the current rate of $0.05 to $0.07 per 100 square feet of impervious cover. If approved, the new rates would become effective November 1, 2013. No one appeared regarding the proposed revised schedule of drainage charges for the municipal drainage utility system. Mayor Pro Tem Roberts declared the public hearing closed. 11 Consider an ordinance amending Chapter 11 of the City Code amending the municipal drainage utility system rates, effective November 1, 2013. Mr. Pickett moved to approve Ordinance No. 4288, AN ORDINANCE 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 NOVEMBER 1, 2013, AS THE DATE SUCH RATES BECOME EFFECTIVE; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Porter. On call for a vote, the following votes were cast: Ayes: Pickett, Porter, Roberts, Forsythe, Noschese Nayes: Tarpley Absent: Monaco Motion carried. Mr. Noschese moved to disregard the previous vote and revote. Mr. Noschese moved to approve Ordinance No. 4288, AN ORDINANCE 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 Page 7
ENTIRETY AND ADDING A NEW SECTION 11-42(a) THEREBY AMENDING THE MUNICIPAL DRAINAGE UTILITY SYSTEM RATES; ESTABLISHING NOVEMBER 1, 2013, AS THE DATE SUCH RATES BECOME EFFECTIVE; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Forsythe. On call for a vote, the following votes were cast: Ayes: Noschese, Forsythe, Roberts, Porter, Pickett, Tarpley Nayes: None Absent: Monaco Motion carried. (Ordinance No. 4288 recorded on page of Ordinance Book No. 103.) APPOINTMENTS TO BOARDS AND COMMISSIONS 12 Consider appointment of three regular members and one alternate member to the Parks and Recreation Advisory Board and Tree Board for terms to expire October 21, 2015 and one alternate member for a term to expire October 21, 2014. Mr. Pickett moved to reappoint Debbie Coolidge, Jerry Jones, Jr., and Kelly Wagoner as regular members of the Parks and Recreation Advisory Board and Tree Board and to appoint Faustino Leos as an alternate member, all for terms to expire October 21, 2015. Motion was seconded by Mr. Porter. On call for a vote, the following votes were cast: Ayes: Pickett, Porter, Roberts, Forsythe, Noschese, Tarpley Nayes: None Absent: Monaco Motion carried. ADJOURNMENT Mr. Porter moved to adjourn the meeting. On call for a vote, the following votes were cast: Motion was seconded by Mr. Pickett. Ayes: Porter, Pickett, Roberts, Forsythe, Noschese, Tarpley Nayes: None Absent: Monaco Motion carried. The meeting adjourned at 4:24 p.m. Approved: Attest: John Monaco, Mayor Sonja Land, City Secretary Page 8