City Council

City of Mesquite, Texas Minutes - Final City Council Monday, October 3, 2016 5:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Bruce Archer, Jeff Casper, Bill Porter, Dan Aleman and Greg Noschese, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Dennis Tarpley. TOUR OF REAL.TEXAS.ROADS. RECONSTRUCTION PROJECT INCLUDING NORTHRIDGE DRIVE, ANDREW STREET, CRESTRIDGE STREET AND ROYAL CREST DRIVE - 5:00 P.M. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive update regarding the Path to Transparency initiative. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:41 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 (Discuss economic development incentives for a business prospect considering a site within the Skyline Tax Increment Finance Reinvestment Zone No. Seven; Discuss economic development incentives for a business prospect considering redevelopment of a retail store on North Galloway Avenue; and Discuss economic development incentives for a business prospect considering a site on the IH-30 corridor); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:53 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:53 P.M. The City Council 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 offer to purchase property along Berry Road); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:56 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final October 3, 2016 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Mike Pettitt, Lead Pastor, Connection Pointe, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Association of Retired School Employees. SPECIAL ANNOUNCEMENTS (1) Mayor Pickett announced that an important member of our community, Carolyn Helen Lucas Bass, recently passed away. She grew up on Lucas Farms in Mesquite and attended Mesquite schools . She later married John Raymond Bass and joined her father in the management and operation of Lucas Farms, as well as other businesses. Mayor Pickett expressed deepest sympathies to the Bass and Lucas families from the entire City Council, city employees and volunteers. Their long -time family commitment to our community is greatly appreciated. (2) Mayor Pickett stated that the 12th Annual Addressing Mesquite Day, co-hosted by the City of Mesquite and the Mesquite Ministerial Alliance, will take place this Saturday, October 8, 2016. Many volunteers from various civic groups, churches and individuals will be performing yard work and minor exterior repairs for elderly and disabled residents. Mayor Pickett announced that volunteers assisted with 104 homes last year and will be assisting with 116 homes this year. He encouraged everyone to participate in this worthwhile event. (3) Mr. Noschese stated that the 2016 BB&T Amazing Technicolor 5K Run, benefiting the Mesquite Independent School District (MISD) Education Foundation, Inc., and the Mesquite Education Association (MEA), will begin at 8:00 a.m. at the Mesquite Convention Center on Saturday, October 22, 2016. Participants will wear white shirts and receive splashes of colored corn starch throughout the race. Last year, over $75,000 was raised and they hope to exceed that amount this year. He encouraged everyone to support MISD and MEA by participating in this colorful event. (4) Mr. Aleman announced that last Friday, September 30, 2016, was he and his wife’s 39th wedding anniversary. (5) Mr. Aleman stated that tomorrow, October 4, 2016, is National Night Out with several locations around the City and a variety of events including block parties and cook -outs. He invited citizens to gather at The Crossing Baptist Church, 1060 Clay Mathis Road, from 6:00 p.m. to 8:00 p.m. National Night Out is designed to bring neighborhoods together and strengthen the citizen -police relationship in the community. (6) Mr. Aleman announced that a new crime watch group is being created this month near the Mesquite Park neighborhood with more details to come. (7) Mr. Archer stated that he has performed neighborhood surges in the Northridge, Rollingwood Hills and Edgemont Park neighborhoods and began in Valley View Heights near the Mesquite Rodeo this past Saturday, October 1, 2016. He thanked everyone that came out to help and looks forward to the creation of a new crime watch group in this neighborhood. (8) Mr. Archer expressed appreciation to Mr. Aleman for the I-20 corridor neighborhood meeting that took place last Thursday, September 29, 2016. Information was provided as to the short-term and long-term economic development opportunities in this area. City of Mesquite, Texas Page 2 City Council Minutes - Final October 3, 2016 CITIZENS FORUM (1) Carolyn Boros, 1620 Oates Drive, expressed concerns regarding code enforcement issues in her neighborhood. CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese requested that Item No. 3 be removed from the Consent Agenda to be considered separately. Mr. Porter moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved unanimously. 2 Minutes of the regular City Council meeting held September 19, 2016. Approved on the Consent Agenda. 4 An ordinance amending Chapter 9 of the City Code revising the starting and ending times of school zones. Approved on the Consent Agenda. Ordinance No. 4450, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING EACH OF THE OPENING PARAGRAPHS IN SECTIONS 9-147(1)(a) THROUGH 9-147(1)(d) IN THEIR ENTIRETY AND ADDING NEW OPENING PARAGRAPHS IN SECTIONS 9-147(1)(a) THROUGH 9-147(1)(d) THEREBY UPDATING SCHOOL ZONE TIMES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4450 recorded on page of Ordinance Book No. 107.) 5 An ordinance regulating unauthorized temporary shelters on public property. Approved on the Consent Agenda. Ordinance No. 4451, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY ADDING A NEW ARTICLE XIII THEREBY REGULATING UNAUTHORIZED TEMPORARY SHELTERS ON PUBLIC PROPERTY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4451 recorded on page of Ordinance Book No. 107.) 6 A resolution adopting the 2017 City of Mesquite Legislative Program. Approved on the Consent Agenda. Resolution No. 44-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING THE 2017 LEGISLATIVE PROGRAM FOR THE CITY OF MESQUITE, TEXAS; DIRECTING THE CITY MANAGER OR HIS City of Mesquite, Texas Page 3 City Council Minutes - Final October 3, 2016 DESIGNEE TO ACT WITH REGARD TO THE CITY’S LEGISLATIVE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 44-2016 recorded on page of Resolution Book No. 50.) 7 Bid No. E2016-008 - Town East Boulevard Reconstruction of Paving, Drainage, Water and Sanitary Sewer Improvements (From Military Parkway to Skyline Drive). (Staff recommends all bids be rejected and rebid at a later date.) Approved on the Consent Agenda. 8 RFP No. 2016-092 - Vision Insurance Benefits. (Authorize the City Manager to finalize and execute the necessary documents with Eye Med to provide vision benefits to full-time employees, retirees, and eligible dependents effective January 1, 2017.) Approved on the Consent Agenda. 9 RFP No. 2016-096 - Annual Contract for Temporary Personnel Services for Solid Waste. (Authorize the City Manager to finalize and execute a contract with All Temps 1 Personnel in an amount not to exceed $100,000.00.) Approved on the Consent Agenda. 10 Bid No. 2016-101 - Annual Grinding of Brush. (Authorize the City Manager to finalize and execute a contract with low bidder GWG Wood Group, Inc., in the amount of $207,166.29 [$1.13 per cubic yard and a one-percent discount if paid within 10 calendar days].) Approved on the Consent Agenda. 11 Authorize the City Manager to execute a grant agreement with the Texas Department of Transportation, Aviation Division, for participation in the Routine Airport Maintenance Program in the amount of $80,000.00. Approved on the Consent Agenda. 12 Authorize the City Manager to execute a Project Grant Agreement with the Texas Department of Transportation, Public Transportation Division, for participation in the annual State Urban Grant. Approved on the Consent Agenda. 13 Authorize the City Manager to execute an amendment to the Construction Manager at Risk contract with Dean Construction to establish the Guaranteed Maximum Price of $2,500,000.00 and provide detailed specifications for the construction services for Vanston Park Improvements. Approved on the Consent Agenda. 14 Authorize the Chief of Police to execute a Memorandum of Understanding between the City of Mesquite Police Department and the Kaufman County Children’s Advocacy Center. City of Mesquite, Texas Page 4 City Council Minutes - Final October 3, 2016 Approved on the Consent Agenda. 15 Authorize the Chief of Police to execute the Working Protocol for the Kaufman County Children’s Advocacy Center services and Multidisciplinary Team. Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 3 An ordinance amending Chapter 8, by adding a new Article XIII, of the City Code establishing hotel premise regulations, requiring owners, operators and property managers of transient hotels to maintain a register of guests, prohibiting hourly rentals and specified illegal activities, setting minimum standards for health and sanitation of sleeping units, making it unlawful for a transient hotel to let a room for more than thirty days, and prescribing alternative remedies for enforcement, effective January 1, 2017. Mr. Noschese stated that the proposed ordinance is a result of the T25 program and will improve the overall quality of guests’ stays in Mesquite hotels. Mr. Noschese moved to approve Ordinance No. 4449, modify Subsection (t) under Section 8-872 on Page 4 of 6 to read, “A sign must be posted on the exterior of each sleeping unit designating the room as non-smoking or smoking if smoking rooms are permitted by Chapter 10, Article IV, Section 10-99, ‘Smoking prohibited in public places,’ of this Code.” and strike the remaining portion of the section, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY ADDING A NEW ARTICLE XIII, ESTABLISHING HOTEL PREMISE REGULATIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No. 4449 recorded on page of Ordinance Book No. 107.) END OF CONSENT AGENDA PUBLIC HEARINGS 16 Conduct a public hearing for the purpose of considering annexation of approximately 0.28 square miles of territory within the City of Mesquite’s extraterritorial jurisdiction. Mayor Pickett stated that this is the third and final public hearing for a proposed annexation. The property owner has submitted a development application which subjects the property to voluntary annexation. A public hearing was held for the purpose of considering annexation of approximately 0.28 square miles of territory within the City of Mesquite’s extraterritorial jurisdiction (ETJ). No one appeared regarding the proposed annexation. 17 Conduct a public hearing and consider an ordinance for Application No . City of Mesquite, Texas Page 5 City Council Minutes - Final October 3, 2016 1157-30-2016, submitted by Robbie Dupree for T&D Solutions, for a zoning change from General Retail to Planned Development - Commercial to allow a contractor and outdoor storage on a 1.97-acre developed tract located at 4401 North Belt Line Road. (No opposition to the application was received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application with stipulations.) Mr. Noschese left the meeting. Richard Gertson, Director of Planning and Development Services, stated that the property is currently zoned General Retail and was previously used as a personnel and business services office. The applicant, T&D Solutions, has requested a change of zoning to Planned Development – Commercial to allow Special Trade Contractor in addition to uses permitted within the General Retail district. Mr. Gertson reviewed the stipulations as described in the proposed ordinance and presented two issues with the application – screening on the north, west and south boundaries and the parking surface for mobile equipment. The applicant requested to substitute a six-foot wooden fence in lieu of a six-foot long-span precast screening wall on the north boundary and a chain link fence with slats in lieu of a six-foot solid wood fence or masonry wall on the west and south boundaries. The applicant also requested to utilize a lime stabilized crushed rock in lieu of asphalt or concrete pavements. The Planning and Zoning Commission recommends a wood fence on all sides and allowing the use of crushed rock. The Community Appearance Manual is not enforced unless the applicant modifies the façade. A public hearing was held for Application No. 1157-30-2016. Terry Young, owner of the property, stated that T&D Solutions is a provider of construction and maintenance services for electric transmission and distribution lines and has a customer base of Oncor, Trinity Valley Electric Coop, Garland Power & Light and other electric providers. T&D Solutions has 42 employees in Mesquite, 23 employees will be added upon expansion to the Belt Line location and 12 employees will relocate from the Garland location for a total of 77 employees at the proposed Mesquite location. The office space will be utilized for general office duties and the rear yard will be used to park mobile equipment. The business located behind the proposed site is a cable company with truck and equipment parking. The construction materials are stored on the job sites, not at the office site. The property is elevated to approximately roof-high; therefore, the adjoining residential neighbors cannot see the lot due to the high embankment. The site is already lime-stabilized due to a previous tenant. Mr. Young stated that asphalt or concrete paving of the site would not be economically feasible. There would be a new board-on-board wooden fence with an automatic gate across the front so that the vehicles would not be visible from Belt Line. No others appeared regarding the proposed application. David Hernandez, Dallas Area Supervisor for T&D Solutions, stated that the business has been located in Mesquite, near Highway 80, for over a year. Employees arrive at 6:30 a.m., leave for job sites by 7:00 a.m. and are finished by 5:30 p.m. each day. Mr. Hernandez stated they began with seven local crews and now have 14 crews that utilize 30 vehicles with 10 vehicles remaining on site. City of Mesquite, Texas Page 6 City Council Minutes - Final October 3, 2016 Councilmembers expressed concern regarding the application and requested that the applicant work with staff regarding the fence and parking requirements at the site. Mr. Archer moved to postpone consideration of Application No. 1157-30-2016 to the October 17, 2016, City Council meeting. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Archer, Aleman, Aleman, Porter Nayes: Casper Abstentions: Noschese Absent: Tarpley Motion carried. RECEIPT OF RESIGNATION 18 Receive resignation from Rad Ferguson as a member of the Planning and Zoning Commission and Capital Improvements Advisory Committee. Mr. Archer moved to accept the resignation of Rad Ferguson as a member of the Planning and Zoning Commission and Capital Improvements Advisory Committee. Motion was seconded by Mr. Aleman and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:20 P.M. The City Council met in Executive Session pursuant to Section 551.074 of the Texas Government Code to consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other City employees (Discuss annual review of City Secretary); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 9:05 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Aleman moved to adjourn the meeting. Motion was seconded by Mr. Casper and approved unanimously. The meeting adjourned at 9:05 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 7