City Council

City of Mesquite, Texas Minutes - Final City Council Monday, June 20, 2016 5:30 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Bruce Archer, Jeff Casper, Bill Porter, Dan Aleman, Greg Noschese and Dennis Tarpley, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding Program Year 2016 Community Development Block Grant (CDBG) applications and budget. 2 Receive briefing regarding Employee Group Health Fund. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:35 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 (Consider economic development incentives for a business prospect seeking to build a new facility in Downtown Mesquite); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:55 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:55 P.M. The City Council met in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney (Discuss legal issues relating to: (i) the Agreement for Facility Resources originally entered into as of September 23, 1998, between Texas Utilities Integrated Solutions, Inc. and Arena Promotions, Inc., as amended, assigned and now existing between the City of Mesquite and Camelot Sports & Entertainment, LLC; (ii) the Economic Development Program Agreement dated effective October 17, 2011, entered into between the City of Mesquite and Camelot Sports & Entertainment, LLC and (iii) the Economic Development Program Agreement dated effective April 28, 2009, between the City of Mesquite and First State Bank); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:57 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final June 20, 2016 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Reginald Jefferson, Pastor, New Hope Baptist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of Boy Scout Troop 103. SPECIAL ANNOUNCEMENTS (1) Mr. Archer stated that the first Edgemont Park Neighborhood Crime Watch meeting will be held tomorrow night, June 21, 2016, at 7:00 p.m. at Edgemont Park Baptist Church and invited citizens in the area to attend. (2) Mr. Aleman announced that his son will be getting married this weekend. Also, next Tuesday night, June 28, 2016, he will be hosting a “Meet your Councilmember” public meeting at Calvary First Baptist Church, 2850 East Glen Boulevard, and invited everyone to attend. (3) Mr. Noschese stated that there has been much public concern regarding the Equal Employment Opportunity Non-Discrimination Policy Statement, approved at the June 6, 2016, City Council meeting, which included gender identity and sexual orientation. Many individuals spoke at the last Council meeting and sent e-mails stating they were very concerned about the safety of their children in public restrooms which is not the subject of this policy. During the last Council meeting, Mr. Noschese encouraged everyone to donate peanut butter and /or jelly to the City’s “Spread the Love” campaign benefitting Sharing Life Community Outreach and Mesquite Social Services. This campaign will provide meals to children in need throughout the summer. He had hoped the individuals who attended and spoke at the last Council meeting regarding their concern for children would feel inclined to donate to this campaign to help the children in our community. However, he saw no increase in the number of donations. He encouraged everyone to support this campaign to ensure no child goes to bed hungry. 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 City Council meeting held June 6, 2016. Approved on the Consent Agenda. 4 A resolution authorizing the City Manager to execute the 2016 Byrne Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson, allocating the amount of $22,233.60 to the City of Mesquite and designating the Police Chief as the responsible officer for the purpose of signing all documents associated with the grant for the purpose of requesting, City of Mesquite, Texas Page 2 City Council Minutes - Final June 20, 2016 receiving and disbursing funds from the City of Dallas. Approved on the Consent Agenda. Resolution No. 29-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2016 BYRNE JUSTICE ASSISTANCE GRANT (“JAG”) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT BETWEEN DALLAS COUNTY AND THE CITIES OF BALCH SPRINGS, CARROLLTON, DALLAS, DESOTO, DUNCANVILLE, GARLAND, GRAND PRAIRIE, IRVING, LANCASTER, MESQUITE AND RICHARDSON; DESIGNATING THE CITY OF DALLAS AS THE APPLICANT AND FISCAL AGENT OF THE JOINT GRANT APPLICATION TO REQUEST FUNDING FROM THE BUREAU OF JUSTICE ASSISTANCE REGARDING THE TRANSFER OF CERTAIN FUNDING ALLOCATED UNDER THE 2016 BYRNE JUSTICE ASSISTANCE GRANT (“GRANT”) PROGRAM IN THE REVISED AMOUNT OF $22,233.60 TO THE CITY OF MESQUITE, TEXAS; AND DESIGNATING THE POLICE CHIEF AS THE RESPONSIBLE OFFICER FOR THE PURPOSE OF SIGNING ALL DOCUMENTS ASSOCIATED WITH THE GRANT. (Resolution No. 29-2016 recorded on page of Resolution Book No. 50.) 5 Approve Amendment No. 5 to the 2015-16 Police Seizure Budget in accordance with Title 28, Section 524 of the United States Code of Chapter 59 of the Texas Code of Criminal Procedure in the amount of $173,500.00. Approved on the Consent Agenda. PUBLIC HEARINGS 6 Conduct a public hearing to receive citizen input regarding the proposed 2016-2017 Annual Action Plan draft and the 2016-17 Community Development Block Grant Program (CDBG) budget. A public hearing was held to receive citizen input regarding the proposed 2016-2017 Annual Action Plan draft and the 2016-17 Community Development Block Grant Program (CDBG) budget. Clark Elerson, Grant Supervisor, stated that the City annually receives a Community Development Block Grant (CDBG) from the U. S. Department of Housing and Urban Development for the purpose of providing funds for programs and projects that primarily benefits low to moderate income individuals and neighborhoods. This is one of two required public hearings to be held to receive citizen input. A final public hearing will be held on July 18, 2016. No one appeared regarding the proposed 2016-2017 Annual Action Plan draft and the 2016-17 Community Development Block Grant Program (CDBG) budget. Mayor Pickett declared the public hearing closed. 7 Conduct a public hearing and consider a request from Code 3 Emergency Partners to substitute a tubular metal and vegetative screen for the required masonry screening wall on property located at 1080 East Cartwright Road. (One response in opposition has been received from adjacent residential property owners.) A public hearing was held to consider a request from Code 3 Emergency Partners. City of Mesquite, Texas Page 3 City Council Minutes - Final June 20, 2016 Warren Hilla, representing the applicant, stated that the original project design and site plan for the Code 3 Emergency Partners included the construction of a masonry screening wall. Dallas Water Utilities (DWU) owns a 50-foot easement that houses a 90-inch water line along the southern portion of the property. Mr. Hilla requested approval from DWU for a masonry screening wall along the easement, which was denied, and then requested a tubular fence with six-foot shrubbery and was also denied. Mr. Hilla requested acceptable options from DWU which he forwarded to City staff for consideration. The following persons spoke in opposition to the proposed request: (1) Joe Lucas, 1601 Lemonwood Circle; (2) Janet Thomason, 1609 Lemonwood Circle; (3) Sherryl Scott, 1605 Lemonwood Circle; (4) Steven Swaim, 1621 Lemonwood Circle and (5) Rosie Storay, 1609 Windsor Drive. No others appeared regarding the proposed variance request. Mayor Pickett declared the public hearing closed. Councilmembers expressed concern regarding the proximity of the facility to the neighborhood and expressed a desire for a masonry screening wall to be constructed. Mr. Noschese moved to deny a request from Code 3 Emergency Partners to substitute a tubular metal and vegetative screen for the required masonry screening wall on property located at 1080 East Cartwright Road. Motion was seconded by Mr. Archer and approved unanimously. 8 Conduct a public hearing and consider a request from McIntyre Wrecking Service to substitute a wood screening wall for the required masonry screening wall on property located at 4515 East US Highway 80. (This item was postponed at the May 16, 2016, and June 6, 2016, City Council meetings.) A public hearing was held to consider a request from McIntyre Wrecking Service. Jeff Armstrong, Manager of Planning and Zoning, stated the applicant has agreed to construct a 10-foot stained cedar board-on-board fence along the west side of the rear property line to the front of the building and over to the front corner of the building. The fence will include a concrete footer and mow strip, metal posts with four-foot sections between the posts rather than the typical eight feet, minimum of four boards horizontally, kick board and a fence cap. The applicant has agreed to remove the gravel in the west side right-of-way and replace with sod, remove all overgrown weeds, shrubs and scrub trees outside of the fence, remove bollards in front or relocate them parallel to the front fence at even intervals and paint a uniform color and remove the obsolete pole sign. Applicant Joseph McIntyre, McIntyre Wrecking Service, stated that the bollards have been removed. Jimmy Smith, 520 Debra, spoke in favor of the variance request. No others appeared regarding the proposed variance request. Mayor Pickett declared the public hearing closed. Mr. Porter stated that the property must be regularly maintained. Mr. Noschese moved to approve the request with modifications as outlined in the City of Mesquite, Texas Page 4 City Council Minutes - Final June 20, 2016 agenda packet and in Mr. Armstrong’s statement. Motion was seconded by Mr. Porter and approved unanimously. 9 Conduct a public hearing and consider an ordinance for Application No . 34-48-2016, submitted by Quality Intermodal Delivery Service, Inc., for a rezoning from Commercial with Skyline Logistics Hub Overlay to Commercial with Skyline Logistics Hub Overlay and a Conditional Use Permit to conduct heavy truck repairs as an incidental use in conjunction with a truck delivery service at 2530 Big Town Boulevard. (The Planning and Zoning Commission recommends approval of the application. There were no responses received from property owners within the statutory notification area.) A public hearing was held for Application No. 34-48-2016. Applicant Jeff Campbell, Quality Intermodel Delivery Service, stated that this is a family-owned business which provides trucking services with a majority of the work being out of the Union Pacific Railroad (UPRR) intermodal facility in Mesquite. Currently, minor truck repairs such as oil changes, tire repairs, etc. are being performed on the property. Due to the facility being located in the Skyline Logistics Hub Overly District, a Conditional Use Permit is required. Mr. Campbell stated that he has approximately 30 employees, 25 trucks, 50 trailers and leases approximately 30 owner/operator trucks. Mr. Campbell stated that his drivers pick up and deliver trailers to and from the UPRR intermodal facility. All trailers on the property are operable. Mr. Campbell agreed to the additional stipulation that truck repairs are restricted to trucks that he or the mechanic owns or leases. No one appeared regarding the proposed zoning change. Mayor Pickett declared the public hearing closed. Mr. Tarpley moved to approve Application No. 312-2B-2016, as recommended by the Planning and Zoning Commission, and adding Stipulation No. 3, as follows: 1. Truck repair shall be an incidental use of a delivery or logistics business. Truck repair as the primary use of the Property is prohibited. 2. All truck repair must take place inside a structure. 3. Repairs authorized by this CUP are restricted to repairs of trucks owned or leased by the truck delivery service doing business at 2530 Big Town Boulevard and repairs of trucks owned or leased by the mechanic performing truck repair services for the truck delivery service. And to approve Ordinance No. 4434, 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 COMMERCIAL WITHIN THE SKYLINE LOGISTICS HUB OVERLAY DISTRICT ON PROPERTY LOCATED AT 2530 BIG TOWN BOULEVARD THEREBY ALLOWING FOR TRUCK REPAIR 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. Tarpley and approved unanimously. (Ordinance No. 4434 recorded on page of Ordinance Book No. 107.) City of Mesquite, Texas Page 5 City Council Minutes - Final June 20, 2016 10 Conduct a public hearing and consider Application No. 312-2B-2016, submitted by Mark Mordecai on behalf of owner Liberty Shoe Warehouse, LLC, for a rezoning from Planned Development - Kaufman-Interstate 20 with a temporary Conditional Use Permit for a shoe warehouse through December 31, 2019, to Planned Development - Kaufman-Interstate 20 with a Conditional Use Permit for warehousing of antique automobiles for an indefinite period on the 2.79-acre underdeveloped parcel located at 9041 Old Nacogdoches Trail. (The Planning and Zoning Commission recommends denial of the application . The applicant filed a timely appeal on June 2, 2016. There were no responses received from property owners within the statutory notification area.) A public hearing was held for Application No. 312-2B-2016. Robert Miklos, representing Geoff Wattiker, stated that Mr. Wattiker is in the process of purchasing this property from Liberty Shoe Warehouse LLC and is requesting an extension of the current Conditional Use Permit (CUP) for warehouse use from December 2019 to December 2024. This extension will allow Mr. Wattiker time to renovate the building in accordance with City codes and move his antique car businesses from Dallas and Chapel Hill, North Carolina. The property would be used for warehousing antique automobiles with no car sales taking place on the property. Mr. Wattiker stated that he understands the Council has a vision for this area. It will take a significant investment to move into the building and the extension of the CUP will allow him to recoup his investment in the property. No one appeared regarding the proposed zoning change. Mayor Pickett declared the public hearing closed. Mr. Noschese moved approve Application No. 312-2B-2016, with the following stipulations: 1. No outdoor storage or display shall be permitted. 2. The warehouse use shall be limited to the structure as it exists on the date of this ordinance, subject to compliance with City adopted Building and Fire Codes and Section 1-300 of the Zoning Ordinance regarding nonconforming structures. 3. The CUP shall expire on December 31, 2024. 4. This CUP is approved exclusively to Geoff Wattiker and may not be transferred or assigned. Motion was seconded by Mr. Archer and approved unanimously. City of Mesquite, Texas Page 6 City Council Minutes - Final June 20, 2016 ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Aleman and approved unanimously. The meeting adjourned at 8:10 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 7