City Council

City of Mesquite, Texas Minutes - Final City Council Monday, July 3, 2017 4:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Jeff Casper, Dan Aleman, Robert Miklos, Bruce Archer, Greg Noschese and Tandy Boroughs, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding a proposed Memorandum of Understanding with the Verde Group for development of the Verde Center. 2 Discuss amendments to the City Charter. It was Council consensus to place an item on the July 17, 2017, City Council agenda to consider appointing a citizen charter review committee in preparation for a May 5, 2018, charter amendment election. 3 Receive briefing from STAR Transit regarding proposed fare changes. 4 Receive overview of proposed amended budget for fiscal year 2017 and amended budget process. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION John Schelter, Pastor, Our Savior Lutheran Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of Raising the Bridge. SPECIAL ANNOUNCEMENTS (1) Mayor Pickett read some historical facts regarding Independence Day. (2) Mr. Casper invited residents to attend the annual July 4th parade in the Meadowview Farms neighborhood. City of Mesquite, Texas Page 1 City Council Minutes - Final July 3, 2017 (3) Mr. Archer encouraged citizens to attend the upcoming town hall meeting and public hearings regarding the City’s budget and to get involved in the budget process. (4) Mr. Boroughs stated that he rode with a Mesquite Police Officer last Friday night and commended the police department for their quick response to a robbery that night. (5) Mr. Aleman stated that the Seventh Day Adventist Church, 300 Paza Drive, will be holding a Mesquite Park neighborhood crime watch meeting on July 13, 2017, at 7:00 p.m. and invited residents to attend. (6) Mr. Noschese stated that he and some summer associates from his law firm staff recently spent the day in Municipal Court and observed a jury trial. He commended the Judge, attorneys and Municipal Court staff for their efficiency and professionalism. (7) Mr. Noschese announced that tonight is Manager of Economic Development Tom Palmer ’s last City Council meeting as he is soon retiring with 22 years of service to the City. (8) Eric Baack and Jeff Dillon, representing the Mesquite Firefighters Association, presented a check to the Muscular Dystrophy Association in the amount of $38,000, which was raised during the recent Fill-The-Boot campaign. CITIZENS FORUM (1) Stephen Hibbard, 2604 Windswept Lane, expressed opposition to the rezoning of 2736 Pioneer Road. 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. 5 Minutes of the regular City Council meeting held June 19, 2017. Approved on the Consent Agenda. 6 An ordinance amending Chapter 5 of the City Code thereby clarifying the City Council’s intent to continue extending the application of the building and construction codes to the City’s extraterritorial jurisdiction (ETJ) and the City’s authority to issue building permits for construction in the City’s ETJ. Approved on the Consent Agenda. Ordinance No. 4491, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTIONS 5-26, 5-186, 5-316, 5-336, 5-465, 5-467 AND 5-469 IN THEIR ENTIRETY AND ADDING NEW SECTIONS 5-26, 5-186, 5-316, 5-336, 5-465, 5-467 AND 5-469 THEREBY CLARIFYING THE CITY COUNCIL’S INTENT TO CONTINUE EXTENDING THE APPLICATION OF THE BUILDING AND CONSTRUCTION CODES TO THE CITY’S EXTRATERRITORIAL JURISDICTION (“ETJ”) AND THE CITY’S AUTHORITY TO ISSUE BUILDING PERMITS FOR CONSTRUCTION IN THE CITY’S ETJ; 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 EFFECTIVE DATE. (Ordinance No. 4491 recorded in Ordinance Book No. 109.) City of Mesquite, Texas Page 2 City Council Minutes - Final July 3, 2017 7 An ordinance amending the budget for the fiscal year of 2016-17 as heretofore approved by Ordinance No. 4441 of the City of Mesquite, Texas, adopted on September 19, 2016, appropriating and setting aside the necessary funds out of the general and other revenues of the City of Mesquite for fiscal year 2016-17 for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said amended budget. Approved on the Consent Agenda. Ordinance No. 4492, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR OF 2016-17 AS HERETOFORE APPROVED BY ORDINANCE NO. 4441 OF THE CITY OF MESQUITE, TEXAS, ADOPTED ON SEPTEMBER 19, 2016, APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF MESQUITE FOR FISCAL YEAR 2016-17 FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND ACTIVITIES OF THE CITY, FOR CAPITAL AND OTHER IMPROVEMENTS OF THE CITY AND FOR ALL OTHER EXPENDITURES INCLUDED IN SAID AMENDED BUDGET; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4492 recorded in Ordinance Book No. 109.) 8 A resolution finding that Oncor Electric Delivery Company, LLC’s application to change rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the Company and legal counsel. Approved on the Consent Agenda. Resolution No. 23-2017, A RESOLUTION OF THE CITY OF MESQUITE, TEXAS, FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S (“ONCOR” OR “COMPANY”) APPLICATION TO CHANGE RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. (Resolution No. 23-2017 recorded in Resolution Book No. 51.) 9 A resolution authorizing the purchase and sale of a tax -foreclosed property located at 3101 Oates Drive, Mesquite, Texas, and authorizing the City Manager to execute a quitclaim deed and all other documents necessary or requested to complete the closing, purchase and sale of the property. Approved on the Consent Agenda. Resolution No. 24-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE PURCHASE AND SALE OF A TAX-FORECLOSED PROPERTY LOCATED AT 3101 OATES DRIVE, MESQUITE, TEXAS (THE “PROPERTY”); AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED AND ALL OTHER DOCUMENTS NECESSARY OR REQUESTED TO COMPLETE THE CLOSING, PURCHASE AND SALE OF THE PROPERTY. (Resolution No. 24-2017 recorded in Resolution Book No. 51.) City of Mesquite, Texas Page 3 City Council Minutes - Final July 3, 2017 10 Bid No. 2017-075 - Annual Supply of Vehicle and Equipment Batteries. (Staff recommends award to low bidder Metroplex Battery Distributors, LLC, in the amount of $83,856.67.) Approved on the Consent Agenda. 11 Bid No. 2017-079 - Annual Purchase of Automotive Accessories. (Staff recommends award to low bidders meeting specifications as follows - Midway Auto Supply, Groups I and V, in the amount of $53,460.95 and Earl Owens, Groups II, III and IV, in the amount of $10,800.78, for a total amount of $64,261.73.) Approved on the Consent Agenda. 12 Authorize the City Manager to execute an amendment to a contract with Kimley-Horn and Associates, Inc., for the survey, engineering design and preparation of bid and construction documents for water and sanitary sewer main extensions and two major drainage culvert upgrades associated with the Ashley Furniture site development in the amount of $116,000.00. Approved on the Consent Agenda. END OF CONSENT AGENDA PUBLIC HEARINGS 13 A. Conduct a citizen input hearing regarding amendments to the City Charter. B. Consider authorizing the City Secretary to proceed with the scheduling of a special election on November 7, 2017, to amend the City Charter and to take all additional steps required to facilitate the election. A citizen input hearing was held regarding amendments to the City Charter. The following persons spoke regarding amendments to the City Charter: (1) David Burris, 4229 Coryell Way; (2) David Fitzgerald, 1837 Palo Alto Drive; (3) Art Greenhaw, 105 Broad Street; and (4) Sergio Garcia, 1724 Longview Street. Suggestions included term limits, single member districts, unstaggered terms with elections held every two years and appointment of a charter review committee. No others appeared regarding amendments to the City Charter. Councilmembers expressed support for the need of various City Charter amendments and consideration of a charter amendment election in May 2018. Mr. Noschese moved to table authorizing the City Secretary to proceed with the scheduling of a special election on November 7, 2017, to amend the City Charter and to take all additional steps required to facilitate the election. Motion was seconded by Mr. Casper and approved unanimously. 14 Conduct a public hearing and consider an ordinance for Application No . Z0517-0003, submitted by Laine Edwards on behalf of Peter Piper Pizza, for a City of Mesquite, Texas Page 4 City Council Minutes - Final July 3, 2017 rezoning from Commercial and Town East Retail and Restaurant Area (TERRA) Overlay to Commercial and TERRA Overlay with a Conditional Use Permit to allow a coin-operated amusement game room with more than four game machines, located at 1104 Town East Mall. (No responses have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held for Application No. ZO517-0003. Jeff Armstrong, Assistant Director of Planning and Development Services, stated that Peter Piper Pizza is a pizza restaurant with a game room geared toward younger children. There are no anticipated impacts on existing or future development and there are adequate services, utilities and parking available. Mark Cramer, representing the applicant, stated that Peter Piper Pizza began in 1973 in Phoenix, Arizona, and expanded to New Mexico, Oklahoma, Florida and Texas. Peter Piper Pizza is a subsidiary of Chuck E. Cheese’s and each restaurant is managed by a franchisee. Mr. Cramer agreed to limit the Conditional Use Permit (CUP) to Peter Piper Pizza. No others appeared regarding the application. Mr. Noschese moved to approve Application No. ZO517-0003, as recommended by the Planning and Zoning Commission, and adding Stipulation No. 3 as follows: 1. The CUP is limited to 1104 Town East Mall. 2. The establishment shall at all times actively conduct and maintain a restaurant as a primary use of the establishment. 3. This CUP shall be limited to Peter Piper Pizza and is not transferable and not assignable. And to approve Ordinance No. 4493, 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 TOWN EAST RETAIL AND RESTAURANT AREA (TERRA) OVERLAY DISTRICT ON PROPERTY LOCATED AT 1104 TOWN EAST MALL; THEREBY ALLOWING A GAME ROOM WITH MORE THAN FOUR COIN-OPERATED GAME MACHINES 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. Miklos and approved unanimously. (Ordinance No. 4493 recorded in Ordinance Book No. 109.) 15 Conduct a public hearing for a Comprehensive Plan concurrency amendment associated with rezoning Application No. Z0517-0005 to change the future land use designation from Low Density Neighborhood to General Business, located at the southeast corner of East Cartwright Road and Wilkinson Road. (The Planning and Zoning Commission recommends denial.) Mr. Noschese moved to postpone consideration of a Comprehensive Plan City of Mesquite, Texas Page 5 City Council Minutes - Final July 3, 2017 concurrency amendment associated with rezoning Application No. Z0517-0005 to change the future land use designation from Low Density Neighborhood to General Business, located at the southeast corner of East Cartwright Road and Wilkinson Road until the August 7, 2017, City Council meeting. Motion was seconded by Mr. Miklos and approved unanimously. 16 Conduct a public hearing for Application No. Z0517-0005, submitted by Matthew Maly of Dunaway Associates, for a change of zoning from Single-Family Residential to General Retail located at 440 East Cartwright Road and 1836 Wilkinson Road. (One response in favor and 10 responses in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends denial of the application.) Mr. Noschese moved to postpone consideration of Application No. Z0517-0005, submitted by Matthew Maly of Dunaway Associates, for a change of zoning from Single-Family Residential to General Retail located at 440 East Cartwright Road and 1836 Wilkinson Road to the August 7, 2017, City Council meeting. Motion was seconded by Mr. Miklos and approved unanimously. 17 Conduct a public hearing and consider an ordinance for Application No . Z0517-0006, submitted by Waseem Subhani dba Once Upon A Child, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow the sale of used merchandise on property located at 3501 Gus Thomasson Road, Suite 63. (Two responses in favor of the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) Mr. Noschese left the meeting A public hearing was held for Application No. ZO517-0006. Mr. Armstrong stated that Once Upon A Child provides new and used merchandise for children. They are out of space in their current location at 3501 Towne Crossing Boulevard and would like to relocate to the Driftwood Shopping Center. Debra Morgan, 223 E. Kimbrough, spoke in favor of the application. No others appeared regarding the application. Mr. Aleman moved to approve Application No. ZO517-0006, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. Used merchandise shall be limited to children’s clothing and accessories. 2. No outdoor display shall be permitted. 3. Merchandise display shall be orderly and similar in style and organization to typical displays at general merchandise and department stores. 4. No repair or rehabilitation of used items shall be permitted on the premises. 5. All display merchandise shall be clean, untorn and/or operational. The display of severely damaged items is prohibited. 6. Window signs shall be limited to no more than 20 percent of the total window area. 7. Display of merchandise within five feet of the store window must be oriented for display and view to the outside of the business and shall be kept in a neat and City of Mesquite, Texas Page 6 City Council Minutes - Final July 3, 2017 orderly manner. 8. All equipment and accessories will be kept in good working order. 9. The Conditional Use Permit (CUP) is granted specifically to the Once Upon a Child franchise. 10. There can be no assignment, transfer or alienation of the CUP. 11. There shall be no consignment of goods permitted. All goods, equipment and accessories shall be owned by the business entity that operates the Mesquite Once Upon a Child. 12. Should the Once Upon a Child franchise be revoked or terminated for any reason, the CUP will likewise be terminated. And to approve Ordinance No. 4494, 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 FROM COMMERCIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 3501 GUS THOMASSON ROAD, SUITE 63 THEREBY ALLOWING THE SALE OF USED MERCHANDISE 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. Archer. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Archer, Pickett, Miklos, Casper, Boroughs Nayes: None Abstentions: Noschese Motion carried. (Ordinance No. 4494 recorded in Ordinance Book No. 109.) 18 Conduct a public hearing and consider an ordinance for Application No . Z0517-0008, submitted by Gatti’s Great Pizza, for a rezoning from Commercial and Town East Retail and Restaurant Area (TERRA) Overlay to Commercial and TERRA Overlay with a Conditional Use Permit to allow a coin-operated amusement game room with more than four game machines, located at 2021 N. Town East Blvd., Suite 900. (One response in favor of the application has been received from a property owner within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) Mr. Noschese returned to the meeting. A public hearing was held for Application No. ZO517-0008. Mr. Armstrong stated that Gatti’s Great Pizza is a pizza restaurant with a large game room and is located in the Towne Crossing Shopping Center. Thomas Hubacek, 1324 Fernwood, expressed concerns regarding the game room. No others appeared regarding the application. Mr. Archer moved to approve Application No. ZO517-0008, as recommended by the Planning and Zoning Commission, and adding Stipulation No. 2 as follows: 1. The establishment shall at all times actively conduct and maintain a restaurant as a primary use of the establishment. City of Mesquite, Texas Page 7 City Council Minutes - Final July 3, 2017 2. This Conditional Use Permit shall be limited to Gatti’s Great Pizza and is not transferable and not assignable. And to approve Ordinance No. 4495, 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 TOWN EAST RETAIL AND RESTAURANT AREA (TERRA) OVERLAY DISTRICT ON PROPERTY LOCATED AT 2021 NORTH TOWN EAST BOULEVARD, SUITE 900; THEREBY ALLOWING A GAME ROOM WITH MORE THAN FOUR COIN-OPERATED GAME MACHINES SUBJECT TO A CERTAIN STIPULATION; 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. Miklos and approved unanimously. (Ordinance No. 4495 recorded in Ordinance Book No. 109.) 19 Conduct a public hearing and consider, on second reading, an ordinance imposing a moratorium on applications and plans for development for permits, plats, verifications, rezonings, site plans and new or revised certificates of occupancy for truck stops and other development that includes the parking of heavy load vehicles as a principal use or as an accessory use within the corporate city limits of Mesquite, adopting written findings justifying the moratorium, providing for waivers and limited exceptions to the moratorium, and establishing an expiration date. A public hearing was held regarding imposing a moratorium on applications and plans for development for truck stops and other development that includes the parking of heavy load vehicles as a principal use or as an accessory use within the corporate city limits of Mesquite. Richard Gertson, Director of Planning and Development Services, stated that the proposed ordinance, on second reading, will place a 90-day moratorium on applications and permits for truck stops and truck-related uses. During the 90 day period, staff will work with the Planning and Zoning Commission and the City Council to review regulations relating to businesses involving truck stops and truck-related uses. Sergio Garcia, 7124 Longview, spoke in favor of the proposed moratorium and suggested truck electrification at truck stops. No others appeared regarding the proposed ordinance. Mr. Noschese moved to approve Ordinance No. 4496, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, IMPOSING A MORATORIUM ON APPLICATIONS AND PLANS FOR DEVELOPMENT FOR PERMITS, PLATS, VERIFICATIONS, REZONINGS, SITE PLANS AND NEW OR REVISED CERTIFICATES OF OCCUPANCY FOR TRUCK STOPS AND OTHER DEVELOPMENT THAT INCLUDES THE PARKING OF HEAVY LOAD VEHICLES AS A PRINCIPAL USE OR AS AN ACCESSORY USE WITHIN THE CORPORATE CITY LIMITS OF MESQUITE; ADOPTING WRITTEN FINDINGS JUSTIFYING THE MORATORIUM; PROVIDING FOR WAIVERS AND LIMITED EXCEPTIONS TO THE MORATORIUM; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EXPIRATION DATE; AND PROVIDING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Miklos and approved unanimously. (Ordinance No. 4496 recorded in Ordinance City of Mesquite, Texas Page 8 City Council Minutes - Final July 3, 2017 Book No. 109.) APPOINTMENT TO BOARDS AND COMMISSIONS 20 Consider appointment of one alternate member to the Building Standards Board for a term to expire January 1, 2019. Mr. Archer moved to appoint James Morris as an alternate member to the Building Standards Board for a term to expire January 1, 2019. Motion was seconded by Mr. Boroughs and approved unanimously. ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Noschese and approved unanimously. The meeting adjourned at 8:37 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 9