City Council Monday, 12:30 PM City Hall Council Chambers 757 N. Galloway Mesquite, Texas Present: Mayor John Monaco and Councilmembers Stan Pickett, Shirley Roberts, Bill Porter, Al Forsythe, Greg Noschese and Dennis Tarpley and City Manager Ted Barron and City Secretary Sonja Land PRE-MEETING - COUNCIL CONFERENCE ROOM - 12:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 12:44 P.M. The City Council 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 (economic development incentives for a catalyst project in the North Gus Thomasson Corridor Revitalization District); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 1:34 p.m., the City Council reconvened in Open Session. See Consent Agenda Item No. 4 for executive action taken. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 1:34 P.M. The City Council 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 (economic development incentives for a business prospect seeking to locate in the Skyline Business Park); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 1:54 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 1:00 P.M. 1 Discuss the Thomasson Square Sustainable Development Project. Not discussed. Page 1
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 3:06 P.M. INVOCATION Harry Sewell, Pastor, Family Cathedral of Praise, Mesquite, Texas. PLEDGE OF ALLEGIANCE Recreation After School Program participants from Dunford Recreation Center. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese announced that Clay Walker will headline the Mesquite ISD Education Foundation s Lone Star Legacy Gala & Concert to be held on Saturday, February 23, 2013, at the Mesquite Arena beginning at 6:00 p.m. He invited everyone to take advantage of this annual event. (2) Ms. Roberts expressed thanks to City staff for allowing the children to perform the pledge of allegiance at City Council meetings and thanked the pledge participants for attending today. CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese requested that Item No. 4 be removed from the Consent Agenda to be considered separately. Mr. Noschese moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Porter and approved unanimously. 2 Minutes of the regular City Council meeting held February 4, 2013. Approved on the Consent Agenda. 3 A resolution supporting special legislation for the creation of Mesquite Improvement District No. 1. Resolution No. 04-2013, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING SPECIAL LEGISLATION FOR THE CREATION OF MESQUITE IMPROVEMENT DISTRICT NO. 1. (Resolution No. 04-2013 recorded on page of Resolution Book No. 45.) 5 Receive Change Order Report from City Manager. (Barnes Bridge Pump Station Improvements CO No. 5, CE 2011-022 - $6,564.00 and Annual Maintenance for CAD/RMS/PMDC, CE 2013-022 - [$21,772.00].) Approved on the Consent Agenda. Page 2
CONSENT AGENDA ITEM CONSIDERED SEPARATELY 4 A resolution expressing support for the application of Vanston Park Investments, L.P., for nine-percent low-income housing tax credits with the Texas Department of Housing and Community Affairs for the construction of The Villas of Vanston Park, located at 4540 Gus Thomasson Road, Mesquite, Dallas County, Texas; providing a local funding commitment for the Project, and declaring that the Project will contribute significantly to the revitalization efforts of the City to improve the North Gus Thomasson Road Corridor. Richard Gertson, Director of Community Development, stated that the funding commitment is contingent upon the design of the project, which is critical and will conform to the Gus Thomasson Revitalization Code. There are two critical elements in each revitalization project - public investment and private investment. This is the type of catalyst project which has been shown in other communities around the state and country to result in revitalization. Mr. Porter moved to approve Resolution No. 05-2013, modifying Section 4 of the resolution, to read as follows: That the City s funding of the Applicant s Project as more fully set forth in this Resolution is contingent upon the following: Prior to closing on the tax credits with TDHCA, Sphinx Development Corporation on behalf of the Applicant shall submit a complete site plan, storefront floor plans and building elevations for the Project to the Community Development Department and receive approval for the same from the Director. And to approve Resolution No. 05-2013, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, EXPRESSING SUPPORT FOR THE APPLICATION OF VANSTON PARK INVESTMENTS, L.P., FOR NINE-PERCENT LOW-INCOME HOUSING TAX CREDITS WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE CONSTRUCTION OF THE VILLAS OF VANSTON PARK PROJECT LOCATED AT 4540 GUS THOMASSON ROAD, MESQUITE, DALLAS COUNTY, TEXAS; PROVIDING A LOCAL FUNDING COMMITMENT FOR THE PROJECT; AND DECLARING THAT THE PROJECT WILL CONTRIBUTE SIGNIFICANTLY TO THE REVITALIZATION EFFORTS OF THE CITY TO IMPROVE THE NORTH GUS THOMASSON ROAD CORRIDOR. Motion was seconded by Ms. Roberts. On call for a vote, the following votes were cast: Ayes: Porter, Roberts, Monaco, Forsythe, Pickett Nayes: Noschese, Tarpley Motion carried. (Resolution No. 05-2013 recorded on page Book No. 45.) of Resolution END OF CONSENT AGENDA Page 3
PUBLIC HEARING 6 Conduct a public hearing and consider an ordinance for Application No. 1461-147-2013, submitted by Shannon Rodden, for a zoning change from Light Commercial to Light Commercial with a Conditional Use Permit for Used Car Sales on property located at 16160 IH 635. (No opposition to the proposed amendment has been received. The Planning and Zoning Commission recommends approval of the application with certain stipulations. This item was postponed at the February 4, 2013, City Council meeting.) A public hearing was held to consider Application No. 1461-147-2013, submitted by Shannon Rodden, for a zoning change from Light Commercial to Light Commercial with a Conditional Use Permit for Used Car Sales on property located at 16160 IH 635. This item was postponed at the February 4, 2013, City Council meeting. Shannon Rodden, President and CEO of Rodden s No Limit Motors, stated that he appreciated staff and Council working with him to resolve this matter and has agreed to the proposed stipulations. Pamela Cantrell Brown, 4912 St. James Court, spoke in favor of the application. No others appeared regarding the proposed zoning change. Mayor Monaco declared the public hearing closed. Mr. Noschese moved to approve Application No. 1461-147-2013, with stipulations recommended by the Planning and Zoning Commission, and modifying Stipulation Nos. 6 and 7, as follows: 1. No banners, bay banners, vertical banners, pennants or inflatable signs of any kind may be placed on the property. No prices or messages may be written or displayed on windshields. 2. Each car on display must be parked/displayed fully within a striped parking space or inside of a building. 3. All cars onsite for sale shall be operable and maintained in good condition, which shall include: a. No body damage greater than four inches in diameter; b. Painted repairs shall match the original equipment manufacturer s paint specifications, or if the vehicle color has been altered, the same color as the vehicle, except for detailing; and c. No broken or cracked windshields. 4. Vehicles not ready for sale shall be kept in the rear of the property. 5. All parking and display surfaces shall be concrete. 6. Prior to issuance of the certificate-of-occupancy, the parking lot shall be re-striped and the roof shall be replaced with architectural standing seam metal panels. 7. At a minimum, 80 percent of the inventory displayed for sale shall be less than eight years old. All vehicles displayed for sale and located within 60 feet of the Interstate 635 right-of-way shall be less than eight years old. 8. This Conditional Use Permit shall be limited to No Limit Motors, Inc. and is not assignable or transferrable. Page 4
And to approve Ordinance No. 4254, 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 LOCATED AT 16160 LBJ FREEWAY FROM LIGHT COMMERCIAL TO LIGHT COMMERCIAL WITH A CONDITIONAL USE PERMIT THEREBY ALLOWING THE SALE OF USED CARS 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. Pickett. On call for a vote, the following votes were cast: Ayes: Noschese, Pickett, Monaco, Porter, Forsythe Nayes: Roberts, Tarpley Motion carried. (Ordinance No. 4254 recorded on page Book No. 102.) of Ordinance APPOINTMENTS TO BOARDS AND COMMISSIONS 6.1 Consider appointment of two alternate members to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire February 18, 2015. Mr. Pickett moved to appoint Janice Bell as an alternate member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for a term to expire February 18, 2015. Motion was seconded by Ms. Roberts and approved unanimously. ADJOURNMENT Mr. Noschese moved to adjourn the meeting. Motion was seconded by Ms. Roberts and approved unanimously. The meeting adjourned at 3:22 p.m. Approved: Attest: John Monaco, Mayor Sonja Land, City Secretary Page 5