City Council

City of Mesquite, Texas Minutes - Final City Council Monday, August 21, 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 proposed amendments to the Rental Certificate-of-Occupancy program. 2 Receive briefing regarding the status of new and revised ordinances and regulations governing truck stops and other uses involving the parking of heavy load vehicles as a principal use or as an accessory use. It was Council consensus to extend the moratorium and review all options regarding truck stops. 3 Discuss the proposed budget for Fiscal Year 2018. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:20 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 prospective restaurant on Emporium Circle and discuss economic development incentives for a business prospect considering to construct a new commercial building in the Central Business District); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:31 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:34 P.M. 4 Receive financial statement for period covering October 1, 2016, through June 30, 2017. Debbie Mol, Director of Finance, presented the financial statement for period covering October 1, 2016, through June 30, 2017. City of Mesquite, Texas Page 1 City Council Minutes - Final August 21, 2017 The work session ended at 6:48 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Christina Murrell, Worship Leader, Castillo Del Rey, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Stallions PeeWee E Football team. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese asked citizens to keep the American service members who lost their lives in a ship accident today in their thoughts and prayers along with their families. (2) Mr. Noschese announced that the Parks and Recreation Department will host a Teen Pool Party on Saturday, August 26, 2017, from 7:00 p.m. to 9:30 p.m. for teens age 13 to 16 at Town East Pool, 2525 John Glenn Parkway. Entry fee is $2.00 per person. He encouraged teens to enjoy a night of swimming, music and games. (3) Mr. Aleman reminded everyone to watch out for children as they start school next Monday, August 28, 2017. (4) Mr. Aleman congratulated the Animal Services staff for their dedication and efforts in adopting out all of the animals at the Mesquite Animal Shelter, including a rabbit, for the first time ever during the national “Clear the Shelter” event last Saturday, August 19, 2017. He also announced that the Mesquite Animal Shelter will host a free spay and neuter clinic for cats on Saturday, August 26, 2017, for Mesquite residents. (5) Mr. Archer asked citizens to keep our nation in their prayers. (6) Mr. Archer reminded citizens to shop and dine locally to support local businesses. 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 August 7, 2017. Approved on the Consent Agenda. 6 An ordinance correcting Ordinance No. 4486 which amended Chapter 6 of the City Code by correcting the section numbering and by providing certain nonsubstantive amendments and deletions under Chapters 1, 2 and 6 of the International Fire Code, 2015 Edition. Approved on the Consent Agenda. Ordinance No. 4499, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, CORRECTING ORDINANCE NO. 4486, PASSED BY THE MESQUITE CITY COUNCIL ON MAY 1, 2017, WHICH AMENDED CHAPTER 6 OF THE CODE OF THE CITY OF City of Mesquite, Texas Page 2 City Council Minutes - Final August 21, 2017 MESQUITE, TEXAS, AS AMENDED, BY CORRECTING THE SECTION NUMBERING AND BY PROVIDING CERTAIN NONSUBSTANTIVE AMENDMENTS AND DELETIONS UNDER CHAPTERS 1, 2 AND 6 OF THE INTERNATIONAL FIRE CODE, 2015 EDITION; THEREBY MAKING CERTAIN AMENDMENTS AND DELETIONS IN CHAPTER 6 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, UNDER SECTIONS 6-6(2), 6-6(3) AND 6-6(7); PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4499 recorded in Ordinance Book No. 109.) 7 An ordinance amending Chapter 8, Article VII, of the City Code by updating references to correspond with the International Fire Code, 2015 Edition, by deleting unnecessary wording, clarifying the suspension and revocation process thereby updating alarm system regulations. Approved on the Consent Agenda. Ordinance No. 4500, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8, ARTICLE VII OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY UPDATING REFERENCES TO CORRESPOND WITH THE INTERNATIONAL FIRE CODE, 2015 EDITION; BY DELETING UNNECESSARY WORDING, CLARIFYING THE SUSPENSION AND REVOCATION PROCESS THEREBY UPDATING ALARM SYSTEM REGULATIONS; 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. 4500 recorded in Ordinance Book No. 109.) 8 An ordinance amending Chapter 10.5 of the City Code designating all municipal property dedicated for park and recreation purposes, including walks, drives, roads and parking facilities within and adjacent to park facilities, as City Parks. Approved on the Consent Agenda. Ordinance No. 4501, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 10.5 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING ARTICLE I IN ITS ENTIRETY AND ADDING A NEW ARTICLE I THEREBY AMENDING THE PARKS AND RECREATION SECTIONS IN GENERAL; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4501 recorded in Ordinance Book No. 109.) 9 An ordinance amending Chapter 14 of the City Code regarding commercial solid waste collection rates, effective October 1, 2017. Approved on the Consent Agenda. Ordinance No. 4502, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING THE RATE TABLE (CHART) IN SECTION 14-45 IN ITS ENTIRETY AND ADDING A NEW RATE TABLE (CHART) IN SECTION 14-45 THEREBY AMENDING THE COMMERCIAL SOLID WASTE COLLECTION RATES; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4502 recorded in Ordinance Book No. 109.) City of Mesquite, Texas Page 3 City Council Minutes - Final August 21, 2017 10 An ordinance amending Chapter 15 of the City Code establishing rules and regulations governing the use and occupancy of the City ’s rights-of-way by providers of utility, telecommunications, wireless and cable services, and adopting a design manual for the installation of network nodes and node support poles pursuant to Texas Local Government Code, Chapter 284. Approved on the Consent Agenda. Ordinance No. 4503, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING ARTICLE III IN ITS ENTIRETY AND ADDING A NEW ARTICLE III THEREBY ESTABLISHING RULES AND REGULATIONS GOVERNING THE USE AND OCCUPANCY OF THE CITY’S RIGHTS-OF-WAY BY PROVIDERS OF UTILITY, TELECOMMUNICATIONS, WIRELESS AND CABLE SERVICES; PROVIDING FOR CONSTRUCTION WORK REGULATION BY CITY; PROVIDING FOR REGISTRATION, LICENSING AND OTHER APPROVALS; REQUIRING INSURANCE; REQUIRING ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS; ADOPTING A DESIGN MANUAL FOR THE INSTALLATION OF NETWORK NODES AND NODE SUPPORT POLES PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 284; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4503 recorded in Ordinance Book No. 109.) 11 A. An ordinance amending Chapter 8, Sections II and IV, of the City of Mesquite General Government Policies and Procedures Manual to comply with Texas Department of Transportation (TxDOT) ethics requirements. B. Suspension of Rule 2.11 of the City Council Rules of Procedure (Chapter 7 of the City Council Policies and Procedures Manual) to consider an amendment of the Rules. C. A resolution amending the City Council Rules of Procedure by adding a new Paragraph 2.15, “Standards of Conduct,” to Section 2, “General Procedure,” to comply with TxDOT ethics requirements. Approved on the Consent Agenda. Ordinance No. 4504, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8, SECTIONS II AND IV OF THE CITY OF MESQUITE GENERAL GOVERNMENT POLICIES AND PROCEDURES MANUAL, AS AMENDED, TO COMPLY WITH TEXAS DEPARTMENT OF TRANSPORTATION ETHICS REQUIREMENTS; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. (Ordinance No. 4504 recorded in Ordinance Book No. 109.) Resolution No. 30-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AMENDING SECTION 2, “GENERAL PROVISIONS,” OF THE CITY COUNCIL’S RULES OF PROCEDURE, AS AMENDED, BY ADDING A NEW PARAGRAPH 2.15, “STANDARDS OF CONDUCT.” (Resolution No. 30-2017 recorded in Resolution Book No. 51.) City of Mesquite, Texas Page 4 City Council Minutes - Final August 21, 2017 12 A resolution approving and ratifying a Memorandum of Understanding between the City of Mesquite, Texas, and the Mesquite Police Association under Subchapter B of Chapter 142 of the Texas Local Government Code with an effective date of September 1, 2017, and expiring on August 31, 2019, (the “City/MPA Meet and Confer Agreement”), authorizing the City Manager to execute the City/MPA Meet and Confer Agreement and authorizing the City Manager, or the City Manager’s designee, to take all actions necessary or requested to carry out the terms and provisions of the City /MPA Meet and Confer Agreement including, without limitation, the execution of extensions of the City/MPA Meet and Confer Agreement under the terms and provisions set forth therein. Approved on the Consent Agenda. Resolution No. 31-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MESQUITE, TEXAS (“CITY”), AND THE MESQUITE POLICE ASSOCIATION (“ASSOCIATION”) UNDER SUBCHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE WITH AN EFFECTIVE DATE OF SEPTEMBER 1, 2017, AND EXPIRING ON AUGUST 31, 2019, (THE “CITY/MPA MEET AND CONFER AGREEMENT”); AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY/MPA MEET AND CONFER AGREEMENT AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY OR REQUESTED TO CARRY OUT THE TERMS AND PROVISIONS OF THE CITY/MPA MEET AND CONFER AGREEMENT INCLUDING, WITHOUT LIMITATION, THE EXECUTION OF EXTENSIONS OF THE CITY/MPA MEET AND CONFER AGREEMENT UNDER THE TERMS AND PROVISIONS SET FORTH THEREIN. (Resolution No. 31-2017 recorded in Resolution Book No. 51.) 13 Bid No. E2017-004 - Big Town 2.0 MG Elevated Storage Tank Rehabilitation and Maintenance. (Authorize the City Manager to finalize and execute a contract with low bidder NG Painting, LP, for Contracts A and B in the amount of $1,871,500.) Approved on the Consent Agenda. 14 RFP No. 2017-086 - Annual Contract for Temporary Personnel Services. (Staff recommends award to PeopleReady, Inc.) Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Walter P. Moore and Associates, Inc., for the survey, engineering design and preparation of bid and construction documents for park property drainage improvements in four locations in the amount of $87,250.00. Approved on the Consent Agenda. 16 Authorize an expenditure in the amount of $159,202.34 to the Mesquite Independent School District to acquire new studio production equipment for the operation of the City’s Educational Access Channel in accordance with Ordinance No. 4132 (Interlocal Agreement/Operation of Educational Access Channel) and authorize the City Manager to execute payment upon receipt of an City of Mesquite, Texas Page 5 City Council Minutes - Final August 21, 2017 itemized invoice. Approved on the Consent Agenda. CONSIDERATION OF A RESOLUTION 17 Consider a resolution amending Resolution No. 28-2017 increasing the number of Charter Review Committee members from seven to 21. Mr. Noschese stated that he requested that the proposed resolution be placed on the agenda with the intent to increase debate among the Charter Review Committee (CRC) members by changing the number of members from seven to 21. Mr. Casper stated that he would not support the resolution and feels a smaller number of CRC members will allow a greater depth of discussion. Mr. Archer stated that he would not support the resolution as a majority of the Council voted to approve the resolution as previously presented. Mayor Pickett stated that he supports additional members being added to the Charter Review Committee due to the large scope and detailed work required by the charge to the CRC. Mr. Noschese moved to approve a resolution, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AMENDING RESOLUTION NO. 28-2017 BY DELETING SECTIONS 1(c) AND 3(a) IN THEIR ENTIRETY, ADDING NEW SECTIONS 1(c) AND 3(a) AND AMENDING EXHIBIT A THEREBY INCREASING THE NUMBER OF CHARTER REVIEW COMMITTEE MEMBERS FROM SEVEN TO 21. The motion died for lack of a second. PUBLIC HEARINGS 18 Conduct a public hearing to receive citizen input on the proposed 2017-18 budget. A public hearing was held to receive citizen input on the proposed 2017-18 budget. No one appeared regarding the proposed 2017-18 budget. 19 Conduct a public hearing regarding the proposed 2017-18 ad valorem tax rate of $0.687 per $100 valuation. A public hearing was held regarding the proposed 2017-18 ad valorem tax rate of $.687 per $100 valuation. No one appeared regarding the proposed 2017-18 ad valorem tax rate of $.687 per $100 valuation. Mayor Pickett announced "The vote on the proposed ad valorem tax rate for fiscal year 2018 will take place on Monday, September 18, 2017, at 7:00 p.m. in the Council Chambers at City Hall located at 757 North Galloway Avenue, in Mesquite, Texas." City of Mesquite, Texas Page 6 City Council Minutes - Final August 21, 2017 20 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote local economic development and stimulate business and commercial activity in the City and authorizing the City Manager to finalize and execute an agreement for such purposes with Triton Mesquite I, LLC, and Snuffer’s Restaurants, LLC, for a proposed restaurant to be located at 3726 Towne Crossing Boulevard and authorizing the City Manager to administer the agreement on behalf of the City. Mr. Noschese left the meeting. A public hearing was held to consider a Chapter 380 agreement with Triton Mesquite I, LLC, and Snuffer’s Restaurants, LLC, regarding a proposed restaurant to be located at 3726 Towne Crossing Boulevard. Kim Buttram, Assistant Manager of Economic Development, stated that the proposed Chapter 380 agreement will enable the company to demolish the former Hurricane Grill building and construct a new 6,150-square-foot Snuffer’s restaurant with a 1,500-square-foot outdoor patio. Applicant Tom Jenneman, Director of Real Estate Development for Firebird Restaurants, stated that Firebird has 50 restaurants in the Dallas area which includes El Fenix, Snuffer’s, Meso Maya, Taqueria La Ventana and Village Burger Bar. Mr. Jenneman reviewed the site plan which includes a new parking lot, light poles and landscaping. He stated that the company’s focus is on giving back to the community and anticipates hiring 75-80 local employees. Sergio Garcia, 1724 Longview, expressed support for the Chapter 380 agreement. No others appeared regarding the Chapter 380 agreement. Mr. Miklos moved to approve Resolution No. 32-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT FOR SUCH PURPOSES WITH TRITON MESQUITE I, LLC, A TEXAS LIMITED LIABILITY COMPANY AND SNUFFER’S RESTAURANTS, LLC, A TEXAS LIMITED LIABILITY COMPANY, FOR A PROPOSED RESTAURANT TO BE LOCATED AT 3726 TOWNE CROSSING BOULEVARD, MESQUITE, TEXAS; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. . Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Miklos, Aleman, Pickett, Casper, Archer, Boroughs Nayes: None Abstention: Noschese Motion carried. (Resolution No. 32-2017 recorded in Resolution Book No. 51.) 22 Conduct a public hearing and consider possible action 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 City of Mesquite, Texas Page 7 City Council Minutes - Final August 21, 2017 been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends denial of the application. This item was postponed at the July 3, 2017, and August 7, 2017, City Council meetings.) Mr. Noschese entered the meeting. This item was taken out of order. Mayor Pickett announced that public hearings for Item Nos. 21 and 22 would be heard at the same time. A public hearing was held to consider a Comprehensive Plan concurrency amendment associated with rezoning Application No. Z0517-0005 from Low Density Neighborhood to General Business, located at the southeast corner of East Cartwright Road and Wilkinson Road and to consider Application No. Z0517-0005 for a zoning change from Single-Family Residential to General Retail located at 440 East Cartwright Road and 1836 Wilkinson Road. Jeff Armstrong, Assistant Director of Planning and Development Services, stated that the applicant desires to construct a 36,000-square-foot grocery store and that rezoning the property would allow a grocery store and certain other retail and office uses. The Comprehensive Plan (CP) amendment establishes a long-term land use policy and provides direction on how properties should be zoned. The CP locates this area within the Low Density Community Area, which is intended for residential areas of lower than average densities to provide larger lots and increased privacy. If the Council approves the zoning change request, the Low Density Neighborhood designation would change the future land use designation of the property to General Business. Mr. Armstrong stated that the applicant provided a Traffic Impact Analysis, which indicated that East Cartwright Road and Wilkinson Road could handle the additional vehicles without negatively impacting the level of service. Mr. Armstrong reviewed the proposed site plan as well as the proposed stipulations and stated that adequate water and sanitary sewer services are available. Due to the amount of written opposition within the 200-foot notification area, a three-fourths majority vote of the City Council will be required to approve the rezoning request. Applicant Matthew Maly, stated that Tract 1 is comprised of 4.8 acres and Tract 2 would remain undeveloped at this time. Mr. Maly reviewed the resident’s responses as well as the traffic analysis. Grey Reed, representing the applicant, stated that Lidl is the largest grocery store in Europe and has opened 25 stores across the East Coast since June 15, 2017. The Mesquite site will be the first to open in the Dallas-Fort Worth area with approximately 30-40 full-time employees. Mr. Reed reviewed the options offered in the store and the building’s prototype concept. Mr. Reed stated that there will be no truck traffic on Wilkinson Road as truck ingress and egress will be on Cartwright Road. The Lidl truck delivers twice each day – once in the morning and once in the evening – and there are no specialty delivery trucks. The stores operating hours are 8:00 a.m. – 9:00 p.m. with stocking completed overnight. Mr. Reed agreed to a traffic circulation plan and construction of a standard width sidewalk along Cartwright Road on Tracts 1 and 2 as a condition of the Planned Development (PD) District. Mr. Reed stated that a screening wall will be constructed along the southern edge of property and the PD requires a screening wall along the east property line of Tract 1 if any trees are disturbed beyond the City of Mesquite, Texas Page 8 City Council Minutes - Final August 21, 2017 drainage easement. The following persons spoke in opposition of the proposed application: (1) Craig Waters, 528 E. Cartwright Road; (2) Betty Waters, 528 E. Cartwright Road; (3) Ruth Dower, 1821 Wilkinson Road and (4) Sergio Garcia, 1724 Longview Street. The following persons spoke in favor of the proposed application: (1) Pat Woods, 1836 Wilkinson Road; (2) Thomas Hubacek, 1324 Fernwood Drive and (3) John Huth, 1817 Island View Drive. No others appeared regarding the application. Mr. Noschese moved to approve Application No. Z0517-0005 with the stipulations contained in the revised packet received by Council on Friday, August 18, 2017, and adding Stipulation Nos. 5-8 as follows: 1. The site shall be developed consistent with the Concept Plan attached to the ordinance. However, where the Concept Plan and the text of the Planned Development Ordinance are in conflict, the text shall rule. 2. Only uses that are allowed by right in the General Retail zoning district that are classified under the following SIC codes shall be permitted on Tract 1: SIC 54 Food Stores; Except 549, Miscellaneous Food Stores SIC 56 Apparel, Accessory Stores SIC 58 Eating, Drinking Places SIC 591 Drug Stores SIC 594 Miscellaneous Shopping Goods Stores; Except 5947, Gift, Novelty, Souvenir Shops SIC 60 Depository Institutions; Except SIC 61 Non-Depository Financial Institutions SIC 80 Health Services SIC 81 Legal Service SIC 82 Educational Services SIC 87 Engineering, Accounting, Research, Management Services 3. Tract 2 shall be maintained as open space with no improvements and no tree removal except as needed for required drainage, fire access and/or infrastructure improvements. 4. Tract 1 shall comply with the landscaping and screening requirements of Section 1A of the Mesquite Zoning Ordinance. In addition, the following perimeter landscaping and screening shall be provided prior to issuance of a certificate of occupancy on Tract 1: a. A 6-foot-tall wrought iron fence must be constructed along the east property line with masonry columns 30-foot on center; provided, however, that this requirement or a masonry wall will not be required if the tree canopy east of the drainage channel is left undisturbed. b. A 15-foot wide landscape buffer shall be provided along East Cartwright Road and Wilkinson Road and shall include the following: i. One canopy tree shall be provided per 35 lineal feet. Trees provided in these landscape buffers may be counted to fulfill the general tree requirement. ii. If an area designated for tree preservation is located in an area where general landscaping or screening would be required and where preservation of the protected trees would serve the same purpose as required landscaping or screening, then the applicant may receive a credit for the protected trees against City of Mesquite, Texas Page 9 City Council Minutes - Final August 21, 2017 the required landscaping as dictated in the section above. 5. The building on Tract 1 shall substantially comply with the Community Appearance Manual. 6. An internal traffic and truck circulation plan shall be provided with the site plan subject to approval by Staff. The internal traffic plan shall show how all heavy load vehicles will egress and ingress the site without using Wilkinson Road. 7. No heavy load vehicles including delivery trucks shall use Wilkinson Road for egress or ingress to Tract 1 or Tract 2 otherwise, the Certificate of Occupancy may be revoked. 8. The sidewalk shall be extended across Tract 2 before a Certificate of Occupancy is issued. And further, to authorize preparation of an ordinance to this affect. Motion was seconded by Mr. Casper and approved unanimously. 21 Conduct a public hearing and consider possible action 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. This item was postponed at the July 3, 2017, and August 7, 2017, City Council meetings.) Mr. Noschese moved to approve 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. Motion was seconded by Mr. Archer and approved unanimously. OTHER BUSINESS 23 Consideration and possible action of a request from Pilot Flying J for a waiver from the commercial moratorium to submit an application for the parking of heavy load vehicles as a principal and accessory use on property located at 1720 South Town East Boulevard. Jeff Armstrong, Assistant Director of Planning and Development Services, stated that Pilot Flying J has requested a waiver from the commercial moratorium approved at the July 3, 2017, City Council meeting. The applicant intends to submit a rezoning request which would allow the existing truck fueling facility, which is zoned Industrial within the Skyline Logistics HUB Overlay District, to be demolished and rebuilt containing passenger vehicle and truck fueling. The effects of granting the waiver include (1) new or revised pavement standards may be proportionally applied to this project and (2) new or revised regulations for screening, buffering and landscaping are subject to vesting. If the waiver is not granted, the development would be subject to any new or revised regulations affecting screening, buffering, landscaping and parking of heavy load vehicles. Brad Alsup, Project Manager for Pilot Flying J, stated that Pilot Flying J has been in discussions with the owner to purchase the property, which currently houses truck-fueling stations with truck parking. During the reconstruction of the building, the position of the convenience store will be slightly adjusted to allow passenger vehicle fuel pumps to be added. The proposed model is smaller than City of Mesquite, Texas Page 10 City Council Minutes - Final August 21, 2017 Pilot Flying J’s normal sites as there will be no showers or overnight accommodations. Mr. Casper moved to deny waiver a waiver from the commercial moratorium for the parking of heavy load vehicles as a principal and accessory use on property located at 1720 South Town East Boulevard. Motion was seconded by Mr. Noschese and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 24 Consider appointment of seven members and two ex-officio liaisons to the Charter Review Committee. Mr. Archer moved to appoint Greg Noschese and Jeff Casper as ex-officio members and Janice Bell, David Burris, Yolanda Shepard, Ricky McGilvery, Elizabeth Walley and Ron Ward as members of the Charter Review Committee. Motion was seconded by Mr. Casper and approved unanimously. ADJOURNMENT Mr. Archer moved to adjourn the meeting. Motion was seconded by Mr. Noschese and approved unanimously. The meeting adjourned at 9:08 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 11