City Council

City of Mesquite, Texas Minutes - Final City Council Monday, November 7, 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 and Greg Noschese, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Dennis Tarpley. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the Texas Open Meetings and Public Information Acts. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 Receive briefing regarding the East Corridor Project by the Texas Department of Transportation. Grace Lo, Texas Department of Transportation (TxDOT) Project Manager, stated that the purpose of the IH 30 and US Highway 80 projects is to improve safety, address congestion and roadway deficiencies as well as improve traffic operations. The project encompasses IH 30 from east of I-35E near downtown Dallas to Bass Pro Drive in Garland and US Highway 80 from IH 30 in Dallas near Big Town Boulevard to FM 460/Clements Road in Forney. The IH 30 project is currently being delayed by the City Map project in Dallas; therefore, TxDOT is pushing forward with environmental clearance for the US Highway 80 project. Jeremy McGahan of Halff Associates, TxDOT Consultant Project Manager, reviewed the daily traffic volume and the traffic patterns throughout the corridor. Mr. McGahan stated that the alternative analysis criteria included engineering design features, transportation features, community and socio-economic impacts, natural resources impacts, project support and project cost. The preferred alternative recommendations along the IH 30 Corridor include three general purpose lanes in each direction with one-to-two reversible managed lines in the center for Segment 3 (from Big Town Blvd. to IH 635) and four general purpose lanes in each direction for Segment 4 (from IH 635 to Bass Pro Drive). There will be no significant reconstruction in Segment 4 with the exception of bottleneck improvements and removing jug handle interchanges. The preferred alternative recommendations along the US Highway 80 Corridor for Segment 5 (from Big Town Blvd. to IH 635) and Segment 6 (from IH 635 to FM 460/Clements Road) include three general purpose lanes in each direction with a wide median for future expansion along with two frontage roads on each side. Mr. McGahan City of Mesquite, Texas Page 1 City Council Minutes - Final November 7, 2016 reviewed the tentative project schedule and stated that a US Highway 80 public meeting will be scheduled for January or February 2017. The work session ended at 6:52 p.m. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:54 P.M. Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Receive briefing regarding a proposed economic development incentive for a prospect considering developing within the Mesquite extraterritorial jurisdiction (ETJ)); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 7:09 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:12 P.M. INVOCATION Craig Christina, Senior Pastor, Shiloh Terrace Baptist Church, Dallas, Texas. PLEDGE OF ALLEGIANCE Mesquite Municipal Court Clerks. SPECIAL ANNOUNCEMENTS (1) Mr. Casper stated that last weekend was very eventful with a trash pickup in the north section of town, a Veterans Day program in Heritage Square and the Real. Texas. Heroes. event at City Hall in recognition of public safety professionals. (2) Mr. Archer stated that a trash pickup will take place this Saturday, November 12, 2016, in the Valley View Heights neighborhood near the Mesquite Rodeo. He invited citizens to join him at 10:00 a.m., at the corner of Carnation Drive and Rodeo Center Drive to support this neighborhood. (3) Mr. Archer reminded everyone to vote tomorrow and continue to focus on the needs of our community. (4) Mr. Aleman congratulated the Poteet High School, Horn High School and West Mesquite High School football teams as they head to the playoffs. (5) Mr. Aleman announced that a crime watch meeting will be held next Tuesday, November 15, 2016, at 7:00 p.m., at The Crossing Baptist Church, 1060 Clay Mathis Road, with special recognition to retiring Pastor Charlie Brown. PRESENTATIONS 3 Presentation to military representatives in honor of Veterans Day. Wayne Larson, Director of Communications and Marketing, stated that the City of Mesquite supports its veterans in various ways including the Greenlight A Vet campaign by programming the lights to illuminate green at the Town East Water Tower and City Hall as well as recognizing City employees who are veterans. As City of Mesquite, Texas Page 2 City Council Minutes - Final November 7, 2016 a part of the ongoing #MesquiteCares platform, Mayor Pickett presented a proclamation in recognition of the Salute to Service program to the following representatives of the local recruiting stations in Mesquite: Staff Sergeant Elizabeth Romero, United States Air Force; Sergeant Isidor Mercedes and Sergeant Trevin Wright, United States Army; Staff Sergeant Matthew W. Albright and Staff Sergeant Christopher W. Johnston, United States Marine Corps; and Operations Specialist, Second Class, Jewell S. Willis and Navy Counselor, First Class, Alfred D. Lake, United States Navy. CONSENT AGENDA Approval of the Consent Agenda Mr. Archer moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 4 Minutes of the regular City Council meeting held October 17, 2016. Approved on the Consent Agenda. 5 A resolution authorizing the City Manager or the Manager ’s designee to determine which contracting method under Chapter 2269 of the Texas Government Code provides the best value for the City for the purchase of construction services. Approved on the Consent Agenda. Resolution No. 47-2016, A RESOLUTION OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE MANAGER’S DESIGNEE TO DETERMINE WHICH CONTRACTING METHOD UNDER CHAPTER 2269 OF THE TEXAS GOVERNMENT CODE PROVIDES THE BEST VALUE FOR THE CITY FOR THE PURCHASE OF CONSTRUCTION SERVICES; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 47-2016 recorded on page of Resolution Book No. 50.) 6 A resolution accepting the donation of a vacant tract of land consisting of approximately 0.663 of an acre and being commonly known as 1301 East Glen Boulevard, Mesquite, Texas, from the Todd Trust and authorizing the City Manager to execute all documents and take all actions necessary to complete the donation, transfer and conveyance of the property to the City. Approved on the Consent Agenda. Resolution No. 48-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ACCEPTING THE DONATION OF A VACANT TRACT OF LAND CONSISTING OF APPROXIMATELY 0.663 OF AN ACRE AND BEING COMMONLY KNOWN AS 1301 EAST GLEN BOULEVARD, MESQUITE, TEXAS (THE “PROPERTY”), FROM THE TODD TRUST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND TAKE ALL ACTIONS NECESSARY TO COMPLETE THE DONATION, TRANSFER AND CONVEYANCE OF THE PROPERTY TO THE CITY. (Resolution No. 48-2016 recorded on page of Resolution Book No. 50.) 7 Bid No. E2016-002 - Gus Thomasson Road Water, Sanitary Sewer, Paving and Drainage Reconstruction Project from Karla Drive to Moon Drive/Whitson Way. City of Mesquite, Texas Page 3 City Council Minutes - Final November 7, 2016 (Authorize the City Manager to finalize and execute a contract with low bidder Rebcon, Inc., in the amount of $9,861,035.97.) Approved on the Consent Agenda. 8 Bid No. 2017-008 - Annual Supply of Concrete. (Staff recommends award to bidders B&B Ready Mix, Inc., Redi-Mix Concrete and Redi-Mix, LLC, dba Custom-Crete, in an amount not to exceed $625,000.00.) Approved on the Consent Agenda. 9 Bid No. 2017-013 - Pool Filtration System Replacement at Town East Pool. (Authorize the City Manager to finalize and execute a contract with Sunbelt Pools through BuyBoard Contract No. 451-14 in the amount of $109,066.83.) Approved on the Consent Agenda. 10 Bid No. 2017-016 - Annual Radio Maintenance Contract. (Authorize the City Manager to finalize and execute a contract with sole source provider Motorola, Inc., in the amount of $77,371.68.) Approved on the Consent Agenda. 11 Bid No. 2017-017 - Annual Supply of Personal Computers. (Staff recommends award to Dell, Inc., through the Texas Department of Information Resources Contract No. DIR-SDD-1951 in the amount of $239,253.80.) Approved on the Consent Agenda. 12 Authorize the City Manager to finalize and execute the North Central Texas Full-Scale Regional Exercise “Big X” Host Site Agreement with the North Central Texas Council of Governments. Approved on the Consent Agenda. 13 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Binkley and Barfield, Inc., to survey, design plans and prepare construction documents for the replacement of 4,000 feet of sanitary sewer main in the amount of $111,000.00. Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with RJN Group, Inc., for the preparation of an engineering study, design and construction documents for the replacement of a sanitary sewer trunk main located south of IH 30 and east of the Pepsi bottling plant, in the amount of $80,790.00. Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute an Amendment to the Professional Engineering Services Contract with Graham Associates, Inc ., for additional services associated with the design and preparation of construction City of Mesquite, Texas Page 4 City Council Minutes - Final November 7, 2016 documents for the Gus Thomasson Road Oncor Service Relocations Project in the amount of $14,100.00. Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute an Amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation (TxDOT) to permit the City to remove persons and property and to post signs on TxDOT highway underpasses and other right-of-way. Approved on the Consent Agenda. PUBLIC HEARINGS 17 Conduct a public hearing and consider possible action on Application No . 1397-31-2016, submitted by Md. Mozharul Islam, to amend Planned Development Ordinance No. 4426 by deleting the requirement for a wooden screening fence with masonry columns on the east boundary of a 0.69-acre parcel zoned for future medical uses and located at 1230 North Galloway Avenue. (The Planning and Zoning Commission recommends denial of the application . The applicant filed a timely appeal on October 6, 2016. Two responses in favor of the application were received from property owners within the statutory notification area.) Richard Gertson, Director of Planning and Development Services, stated that the property consists of a vacant single family home, intended by the developer for medical office use, and will be utilized in conjunction with the medical clinic that is located to the south of the property. The City Council approved a rezoning of the property to Planned Development (PD) – Office on May 16, 2016. The applicant has requested an amendment to the PD-Office ordinance, which would delete the required six-to-eight-foot-long-span precast concrete wall or a wood fence with masonry columns along the east boundary of the property and allow the applicant to keep the existing fence. The existing fence is in poor condition and in need of repair and/or replacement. Mr. Gertson stated that the $800 application fee is intended to defray the administrative expense of processing the application. The applicant, Md. Mozharul Islam, was not present. A public hearing was held for Application No. 1397-31-2016. No one appeared regarding the proposed variance. Mr. Archer moved to deny Application No. 1397-31-2016 with prejudice. Motion was seconded by Mr. Noschese and approved unanimously. 18 Conduct a public hearing and consider an ordinance for Application No . 1462-284-2016, submitted by Alex Ayagh, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow outdoor storage for an automobile rental business located at 2531 U.S. Highway 80. (The Planning and Zoning Commission recommends approval of the application. Two responses in favor of the application were received from property owners within the statutory notification area.) City of Mesquite, Texas Page 5 City Council Minutes - Final November 7, 2016 Richard Gertson, Director of Planning and Development Services, stated that the applicant is seeking a Conditional Use Permit for outdoor storage to operate a rental car business in conjunction with the existing auto repair business. Mr. Gertson reviewed the stipulations as approved by the Planning and Zoning Commission. The applicant, Alex Ayagh, was not present. A public hearing was held for Application No. 1462-284-2016. No one appeared regarding the proposed zoning change. Mr. Noschese moved to deny Application No. 1462-284-2016 with prejudice. Motion was seconded by Mr. Porter. On call for a vote on the motion, the following votes were cast: Ayes: Noschese, Porter, Pickett, Casper, Aleman Nayes: Archer Motion carried. 19 Conduct a public hearing and consider a request from Code 3 Emergency Partners to substitute an eight-foot Trex composite fence for the required masonry screening wall on property located at 1080 East Cartwright Road. (This item was postponed indefinitely at the August 15, 2016, City Council meeting.) Richard Gertson, Director of Planning and Development Services, stated that on June 20, 2016, the City Council denied the request of Code 3 Emergency Partners (applicant) to construct a tubular steel fence with a vegetative screen in lieu of the required masonry wall. Then, on August 15, 2016, Council postponed indefinitely a request from the applicant to construct an eight-foot cedar board-on-board fence pending review and approval by Dallas Water Utilities (DWU). The applicant is now proposing the construction of an eight-foot Trex composite fence that has the look of a board-on-board fence. The applicant notified the seven abutting property owners and received unanimous written support for the proposal. DWU has issued a conditional approval with certain provisions including the final approved development plans must be submitted to DWU prior to construction. A public hearing was held to consider a request from Code 3 Emergency Partners. Rudy De Moor, representing the applicant, expressed appreciation to the Council for reconsidering the proposed fence. The following persons spoke in favor of the proposed request: (1) Jan Thomason, 1609 Lemonwood Circle and (2) Sherryl Scott, 1605 Lemonwood Circle. No others appeared regarding the proposed request. Councilmembers expressed appreciation to the applicant for working with the neighbors, Council, Staff and other governmental agencies in seeking a resolution. City of Mesquite, Texas Page 6 City Council Minutes - Final November 7, 2016 Mr. Porter moved to approve a request from Code 3 Emergency Partners to substitute an eight-foot Trex composite fence for the required masonry screening wall on property located at 1080 East Cartwright Road. Motion was seconded by Mr. Casper and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:55 P.M. Mayor Pickett announced that the City Council would meet 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 8:19 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:19 P.M. Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Consider the lease of real property located at 3100 Lawson Road, Mesquite, Texas) and 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 redevelopment of a property at the intersection of North Belt Line Road and Grubb Drive; Discuss economic development incentives for the FedEx/Cooper Construction redevelopment project at 5005 Samuell Boulevard; and Discuss economic development incentives for a developer considering redevelopment of a shopping center at the corner of IH -635 and Town East Boulevard); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 9:00 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Archer moved to adjourn the meeting. Motion was seconded by Mr. Aleman and approved unanimously. The meeting adjourned at 9:00 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 7