!iii . .. . . ..

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@$;; i . !&.. . ., .. . -. . . ?31 . &&!

..+..%..:: MINUTES OF WORK SESSION AND REGULAR CITY COUNCIL MEETING HELD

.c. , , ~ ,,; > < 3 - i .

BEGINNING AT 11:30 A.M., DECEMBER 16, 1996, CITY COUNCIL CHAMBER, CITY <,. ,&~. 3.: . . HALL, 71 1 N. GALLOWAY.

-... ... *., ; .,.. v.'- . . ~. ,? . Lh .$

Present: Mayor Cathye Ray, Coulicilmernbers Jolui Heiman, Steve Whitworth, Steve +:. . Alexander, James Folks, Mark Mims and Carole Loclhead; City Manager Ted ;:.y; ++, ~ . . . ~ ,

Banon and City Secretary Ellen Williams.

PRE-MEETING - CITY COUNCII.> CONFERENCEROOM - 11:30 A.M. . . 2-1 A. ;., . , . I Tile City Council met in the City Council Conference Rooin beginning at 11:30 -2 * ... a.m. to discuss the items on ilie Work and Regular Agenda. .:+;I , .

: , I W O R I < C l l ' Y COUNCIL CHAMBER - 1XP.RI.

A. QUARTERLY INVESTMENT REPOIZ?' FOR OUAKTER ENDING

. 1 SEPTEMBEI2 30. I996 , RECEIVED. :. I

*,I . . Don Siinotis, Director of Finai~cc, presented the quanerly investment report for the

-1 3 quarter ending Septeinber 30, 1996. +:.. ' , ..,. . . , Mr. Heirncln ~novcd to acccpt tllc quarterly investment report for the quaner ending "?' 1 September 30, 1996, as presented. Motion was seconded by Mr. Mirns and al~proved

:;. :~ 1 ,.. ., . . .., , unanimously.

i

- , ,..., .? > . . . ,<,...?., B. LEGISLATIVE BILLS - REVIEWED.

:.,,

Carol Zol~lerowich, Deputy Cily Manager, stated that as in previous :fears, staff will review selected legislative bills tllat in~pact inui~icipal operatiol~s. Ms. Zolllcrowich

.-... . . ~. . explained that staff is scekilig COUIIG~I'S position 011 the bills so this position can be .. . conunrlilicated to tlie legislative delegation. She further stated that a status repon of rcvicwcd ..'.J . ..: bills will be provided at subsequent work scssiolls along with new bills ii~troduced.

7.

;;:&; Ms. Zolnerowish reviewed two bills, recornmellding support of both HB 34 .Y .:.; relating to the autliority of a tnii~iicipality to regulate firearms i l l public parks and HB 124 4-14

: .. , relating to the coiltinuation cf thc Tcxas Turnpike Authority as tile Norlh Tcxas Tollway :&I Autl~ority. &.I ., . 1

The work session recessed at 1:35 p.m.

.( 3 - CITY COUlVCIL COSETRENCE ROOM - 1:50 P.M. .i& , j :!

I.

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3

. . . .. .. .F (i* _j . ..".. ... . .. Z...~. .:

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Minutes of rcgular City C o u ~ ~ c i l meetiog held December 16, 1996 Page 3

Mayor Ray announced that tile City Council would meet in Executive Session pursuant to Section 551.071 of tile Texas Govenlment Code to consider pending and contemplated litigation subjects, and pursuant to Section 551.072 of the Texas Govcnunent Code to consider purchase, exchange, lease o r value of real property (aequisitio~~ of property for golf course constmctiol~); wl~ex-eupon tlie Council proceeded to xncct in tlie City Council Conference Room. After the closed meeting ended at 2 3 8 p.m., the City Council reconvened in Open Session.

No executive action was necessary.

REGULAR CITY COUNCIL bIEETING - 3:10 P.M.

Irlvocation was given by Councilmember Heiman.

Tlle Pledge of Allcginnce was lcd by Cony Kirby, Michelle Euperio, l'l~eresa Henderson and Antaeus Lynch, fifth grade studetlts from Thompson Elementary Scl~ool, Mesquite, Texas.

I'RESENTATION 01; PLAOUE AND AWARD.

I . PRESENTATION OF A PLAOUE TO ROBERT AGUERC) IN RECOGNITION O F I C E AS A ILIEMBER OF THE MESOUITE CAB1 .E TELEVISION ADVISORY BOARD

Mayor Ray alu~oullced that Robclt Aguero was ullnblc. to attend the Council meeting. Sllc thanked Dr. Agoe1.o for 11is service on the Mesq~~itc Cr~blc Television Advisory Board frorn March 1993 tllro~sgll Novetnber 1996 and wished 11i1ii well as 11e begins working ill a new capacity wit11 the Dallas County Comnlunity College District. She noted that staff will inail the plaque to Dr. Aguero.

2. PRESENTATION OF THE WEUBER SEAVEY AWARD FOR OUALITY IN L A W E N T TO THE ClTY OF MESQUITE 13Y MOTOROLA COMMUNICATIONS AND ELECTRONICS. TNC.. FOR YOUTH-RELATED PROGRAMS DEVELOPED BY THE POLICE DEPARTMENT.

Larry Miller, representing Motorola Co~~miunications and Electrotiics, I~Ic., presented tlie Webber Seavey Award for qualiiy in law enforcement to Mayor Ray, Police Chief Hamon lvie and Assistant Police Chiefs Larry Sprague a i d Gary Westplial, for youth-related programs developed by tithe Mesquite Police Dcpanmellt.

APPOINTMENT FOR PERSONAL APPEAIIANCE.

.

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Ljg ,.,.:. . Minutes of regular City Council n~eeting held Decenlber 16, 1996 ..... . " : a .,.,.,?! a Page 3

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3. A. APPOINTMENT - REPRESENTATIVE OF RAUSCHER PIERCE ;. ..A REFSNES. INC. - PRICING REVIEWED FOR THE ISSUANCE OF . ... * ' . ,.., ~ ..:. PONDS. .... ... , . . . . .. . ., . <, . . . . . Gary Macliak, representing Rausclier Pierce Refsnes, Inc., reviewed the ,:.:<;,J, : ,s~.. . ~

results of the sale for the two bond issues: (1) $1,785,000.00, Combination Tax and Revenue Certificates of Obligation; and (2) $3,600,000.00, Waterworks and Sewer System Revenue Bonds.

-' ,. , ~. . .

"a,., <.:..,. Mr. Macl~ak explained that tlie bond wles generated a lot of ititerest with excellent results. .,...v7

B. 1. -IN- THE ISSUANCE AND SALE OF COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGA3ON. TAXABLESERIES 1996 - APPROVED.

Mr. Wliitworth moved to approve Ordinance No. 3127, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF MESQUITE, TEXAS, COMBlNATlON TAX AND REVENUE CERTIFICATES OF OBLIGATIONS, TAXABLE SERIES 1996, I N THE PRINCIPAL AMOUNT OF $1,785,000, AND THE PLEDGE OF SECURITY THEREOF TOGETHER WlTH OTHER RELATED MATTERS. Motion was seconded by Mr. Alexander a id approved by all voting "aye." (Ordinance No. 3127 recorded on page of Ordinance Book No. 61.)

2. ORDINANCE NO. 3128 - AUTHORIZING T H E ISSUANCE AND SALE OF WATERWORKS AND SEWER SYSTEM REV~ENUE BONDS. SERIES 1996: APPROVED.

Mr. Mi~ns moved to approve Ordinance No. 3128, AN ORDINANCE AUTMORlZlNG THE ISSUANCE OF CITY OF MESQUITE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1996, IN THE PRlNCIl'A12 AMOUNT O F $ 3,600,000, AND THE PLEDGE OF SECURITY THEREOF TOGETHER WlTH OTHER RELATED MATTERS. Motiol~ was seconded by Mr. Alexander and approvcd by all voting "aye." (Ordinance No. 3128 recorded on page of Ordiliance Book No. 61.)

CONSENT AGENDA.

Item No. 8 was t.emoved from tlie Consent Agenda to bc considered scparately. Ms. Locl~liead moved to approve tlie rsinaining items on tlie Conseiit Agenda, a follows. Motioii was secol~ded by Mr. Alexander and approved urlanin~ously.

m, 4. MINIJTES OF REGULAR CITY COUNCIL MEETING HELD DECEMBER 2, I

F

Mirlules of regular City Couiicil meeting held Decenll>er 16,1996 Pagc 4

5. ORDINANCE NO. 3129 - ZONING - APPLICATION NO. 2096-6.

AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE . . . . MESQUITE ZONING ORDINANCE ADOITED ON SEPTEMBER 4, 1973, AND

RECODIFlED ON NOVEMBER 21,1988, BY DELETING SECTIONS 3-303 AND 3-304; BY &>;c.? ::I : ADOPTING A NEW PART 1A. LANDSCAPING, BUFFERING AND SCREENING AND .........

.. : TREE PRESERVATION; REI'EALING ALL ORDINANCES IN CONFLICT WITH THE :i,,.r. ..:

PROVISIONS O F THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; . . . >.... . ....... :. . PROVIDING FOR A PENALTY NOTTO EXCEED TWO THOUSAND DOLLARS ($2,000.00) .h.. . . FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. (The vote on this ordii~ance +:-. affirtns tliat the ordinance was prepared as directed by tile City Council at the public hearing on . . ~ ..%

. . . . Deceinbel. 2, 1996, and does not indicatc whether a11 individual cou~rcilrnember was in favor or . . .

opposed to the request sub~nittetl as Filc No. 2096-6. Ordinatice No. 3129 recorded on page .., , , of Ordilrarlce Book No. 61.)

6. ORDINANCE NO. 3130 - Z O N I h x - AI'PI.ICATION NO. 1461-116 s u n M l r 1 x n BY \VOLVI:R INI: ASSEI' MANAGI:ML:.N~I'.

..*- . ~. AN ORDINANCE OFTHE ClTY OF MESQUITE, TEXAS, AMENDING THE i

.*:,:A . . . . . . MESQUlTC ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND

I ... ..,. RECODIFIED ON NOVEMBER 21, 1988, SO AS TO APPROVE A CHANGE O F ZONING

@ I .*.-! t

FROM PLANNED DEVELOPMENT-COMMERCIAL, PLANNED DEVELOPMENT-LIGHT , . . L I ..I. - i

COMMERCIAL, AND PLANNED DEVELOPMENT-MULTIFAMILY 1'0 LIGHT i .......

COMMERCIAL; REPEALING ALL ORDlNANCES IN CONFLICT WlTH THE PROVISIONS OF THIS ORDINANCE PROVlDlNG A SEVERABlLll-Y CLAUSL; PROVlDlNG FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS (52,000.00) FOR EACH

r I

OFFICE; AND DECLARING AN EMERGENCY. (The vote on this ordii~ance affinns that tlie ? ordinaxlce was prepared as directed by the City Coui>cil at the public hearing OII Septeinber 16, =.

1996, and does not indicate wllctl~er all individual cou~~ciln~ember was i l l Favor or opposed to the . .

request submitted by Wolverine Assei Management as File No. 1161-1 16. Ordinance No. 3130 of Ordinance Uook No. 61.) ,..-. recorded oil page T

@ 7. ORDINANCE NO. 3131 - ZONING - PPLICATION NO. 1461-117

A P A R T N E R S .

. . . r

. 7.j

AN ORDINANCE OF 1'1-IE ClTY 01: MESQUI'I'E, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND ,...

-hi.. 19 RECODIFIED ON NOVEMBEIC 21, 1988, SO AS 1'0 APPROVE A CHANGE O F ZONING - L*. ..., FROM PLANNED DEVELOPMENT-MULTIt:AMILY TO LIGIHT COMMERCIAL;

.:.. REPEALING ALL ORDINANCES 1N CONFLICT WITH THE PROVISIONS OF THiS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVlDlNG FOR A PENALTY ...

*..? NOT TO EXCEED TWO THOUSAND DOLLARS (S2,000.00) FOR EACH OFFENSE; AND

. . DECLARING AN EMERCXNCY. (l'l~c \.ate on this ordinance alfinns that the ordiilat~ce was

Z*- Minutes of regular City Couilcil r t~eet i l~g held December 16, 1996

" , . - , eT-:w Page 5 :,.x$;~l &! g prepared as directed by tlie City Courlcil at the public hearing on September 16, 1996, and does

not indicate whether an individual councilmember was in favor or opposed to the request submitted by Audubon Partners as Filc No. 1461-117. Ordinu~ct: No. 3131 recorded on page

of Ordinance Book No. 61.)

9. RESOLUTION NO. 43-96 - AUTHORlZING THE CITY MANAGER TO EXE_CIJTE AGREEMENTS OFPARTICIPATION FOR THE TAX INCREMENT FINANCING (TIF) DISTRICT WITH THE MESOUITE INDEPENDENT SCHOOL DISTRICT. DALLAS COUNTY COMMUNITY COLIEGC DISTRICT. DALLAS COUNTY HOSPITAI . DISTRICT AND DALLAS COUNTY

A RESOLUTION O F THE CITY COUNCIL OF THE ClTY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS OF I'ARTICIPATION IN THE MESQUITE RODEO CII'Y TAX INCREELIENT FINANCING DISTRICT BETWEEN THE CITY O F MESQUITE AND THE MESQUITE INDEPENDENT SCHOOL DISTIIICT, THE DAI,J,AS COUNTY COMMUNITY COLLEGE DISTRICT, THE DALLAS COUNTY HOSPITAL DISTRICT AND THE COUNTY OF DALLAS PURSUANT TO THE TAX INCREMENT FINANCING ACT, CHAITER 31 1 OF THE TAX CODE; AND DECLARING AN EFFECTIVE DATE THEREOI:. Resolut~on No. 43-96 recoided oil page

of Resolution Book No. 23 )

10. BID NO. 97-01 - THREE 27.000 G.V.W. CAB AND CHASSIS-AWMDED TO VII ,l .AGE _T - 4 4

1 1 . NO. 97-02 - THREE 20 C.Y. SIDE120ADING REFUSE COL.LECTION BODIES - AWARDED TO G & H blANUFAC1'URTNG. INC.. I N THE AMOUNT O F $59.695.05.

12. BID NO. 97-03 - FOUR 27.000 G.V.W. CAB AND CHASSIS -AWARDED TO VILLAGE FORD O F LEWlSVIL1,E IN THE AMOUNT OF $97.976.00.

13. BIDNO. 97-13 - VEHICLE AND EOUII'MENT BATTERIES - AWARDED TO EXlDE CORPORATION IN THE AMOUNT OF $15.321.32.

14. BID NO. 97-15 - ANNUAL SUPPLAY - FULL CIRCLE CLAMPS - AWARDED TO POWERSEAL PIPELINE I N THE AMOUNT OF $20,466.42.

15. B I D N O . 9 7 - 1 9 - EQUIPMENT FILTERS : AWARDED TO N A P A S IN THE AMOUNT 01: $21.94324.

Minutes of regular City Cou~lcil r~reetirrg lield Decynlber 16, 1996

16. CITY MANAGER AUTHORIZED T O EXECUTE A CHANGE QRDER T O THE E~NGINEERING SERVICES CONTRACT WITH NATHAN D. MAIER, CONSULTING ENGINEERS. IN THE AMOUNT OF $18.90040 FOR THE STREAM 2134 SANITARY SEWER REPLACEMENT PROJECT.

17. CITY MANAGER AUTHORIZED T O EXECUTE A CHANGE ORDER TO THE ENGINEERING SERVICES CONTRACT WITH HNTB. CONSULTING ENGINEERs. IN THE AMOUNT OF $17.300.00 FOR THE CHILDRESS AVENUE PAVING PROJECT.

18. A. CITY MANAGER AUTHORIZED TO EXECUTE AN ENGINEERING -TRACT WlTH NATHAN D. MAIER. CONSULTING ENGINEERS, IN THE AMOUNT OF $145.515.00 FOR THE EXTENSION OF TEALWOOD DRIVE.

B. RESOLUTION NO. 44-96 - AUTHORIZING THE MAYOR TO JOIN WITH OTI-IER CITIES IN THE hlETROPLEX IN THE GAS~UTILITIES DOCKET NO. 8647 WITH THE TEXAS RAILROAD COMMISSION IN AN INOUIRY INTO THE RATES AND SERVICES O F LONE STAR GAS COMPANY.

6. RESOLUTION N O . 45-96 - AUTHORIZING THE MAYOR T Q EXECUTE A WARRANTY DEED TO IIICHLAND OAKRROOK. LTD.

CONSENT AGEKDA ITEII 'KO BE COKSlDERED SEPARATELY.

AN ORDINANCE AI'I'IIOVING A ZONING CHANGE FROM GENERAL RETAIL TO R-2A SINGLE FAhllLY ON TRACT I .fjLSHEET 305. ABSTRACT 1662. T I a S PROPERTY IS FURTHER DESCRIBED AS A 5.95 ACRETRACT LOCATED ON THE SOUTHEAST CORNER OF NEWSOM ROAD AND CLAY MATHIS ROAD - POSTI'ONED.

Mr. FWiitwortli moved to postpone action ail lliis ordi~iiulce ontil it is revised to ii~clude screening wall requil-ernel~~s. Motioll was seconded by Mr. Minis and approvcd unanimously.

END OF CONSENT AGEKDA.

SITE PLAN Ah% PPUB1,IC HEARINGS.

19. PLANNED DEVELOPMENT SITE PLAN SUBhllTTED BY HEALTHCARE P S I A S S l S T E D LIVING<ENTER A T MATADOR LANE LOCATED AT THE NORTHWEST COF.NER 01: LEE STREET AND

Millutes of regular City Couzicil n~eeting held Decen~ber 16, 1996 Page 7

A Planned Developme~it S ~ t e Plan submitted by Healtlica~e Envirorunent Design for Assisted Living Center at Matador Lane located at tlie iiorthwest corner of Lee Street and Matador Lane was considered.

Ralph Linares, representing Healtlicare El~vironrnent Design, explained that approval of tlie Site Plan will allow thc co~istruction of a 73,000 square foot, two-story, assisted living center wliich will include 4 0 efficiencies, 53 one-bedroom units and 12 two-bedroom units for a total of 103 units. He stated that tlie facility will include actisitylTV rooms, a beauty parlor atid cakteria and will provide fifty-nine parking spaces.

Mr. Liliares stated tliat Goodson Engineers is worki~lg with tlie developer t o address the drau~age concenls 011 tlie entire tract. He requested ;I veriance to the screening requirement to allow a landscaped screen in lieu of a masonry wall. Mr. Linares furtlier stated that tlie developer agrees to fund a lnaxi~rlurn of S100,OOO to resolve draitiage issues on the tract. Tlris represents their estirnatc t o accomplisl\ tlre on-site drainage iri>provements identified by the concept pliu~ tvllicll Carter and Burgess has prepared.

Robert Wood, representing Goodson Enginccrs, explained tliit a culvert downstirani from the subject tract niust be iinpl-oved to eliminate rile drainage problem and the dcseloper bas agreed to assist ill resolvi~lg the existing dl-ainagc problems upstreatn. Mr. Wood stated tllat the work plamled on this tract will need to be done ill co~~junction with plans underway by the City to address the area-wide drainage probleru.

Eilrl Deland, Manager of Engineering Serviccs, cxplaiticd that the engineering f inn of Carter and Burgess has been authorized to begin design rtnd preparatiou of co~istructioi~ plans for drainage improvcnients in the area which are estiniatcd to be conlpleted in tlie spring of 1997 and tlle bidding process to begin in late spri~ig if fu~ldi~lg is available. Mr. Deland stated that the proposed improvements outlined in tlle plans by Gwdson Enginccrs are consiste~lt with the recot~~n~cndations o f Cartcr and Burgcss. He pointed out tliat ;idditional work is required on City- owned propeny west of Gross Road, i~nprovenicnts to the existing drairrage cl~aiuiel lionll to Lee Street, and some additional siornl sewer will be required along Gtubb Drive to connect with the proposed improvelnents on the subject tract. 1lie estimated total cost of iniprovenients i n c l u d i ~ ~ g tliose required on the subject tract tvlll bc $550,000 to $575,000, including engilleerillg and ~ontfilgci~cies. H e stated that without corlstructing the additional work west of Gl.oss Road, existing drainage problcrnl; will not be correcrcd. He estimated the ponio~l of work required to address tlie drainage problem on tllc subject tract \vill be 5200,000 to $300,000.

Lois Dasdridge, 1016 West Gruhb, stated that her llome is one of several in the area that has been floodcd. She stated that constl.uction of the proposed project will assist wit11 the runoff proble~n and open up tlie c l~a~l~le l in order to rt the tvatcr drain inore quickly. Ms. Dai~dridgc stated that she is opposed to building a masonry wall because it may increase the existing drainagc probletn.

Minutes of regular City Council meeting held Decen~ber 16, 1996 Page 8

Couiicilmembers expressed concern that this Sitc Plan may havc been subrnittcd prematurely since the final design of tlie drainage project by Caner and Burgess is not complete.

Mr. Whitwonh movcd to deny the Site Plan submitted by Healthcare Environmc~lt Design. Motion was seconded by Mr. Heitnan and approved ~inanimously. Mr. Whitwonh suggested that the Site Plan be resubmitted after design of the drainage project i s complete and total costs determilied.

20. PUBLIC HEARING - CONSIRERAN ALTERNATE SCREENING METHOD FOR BLAKELY - W11T AND ASSOCIATES. INC., LOCATED A T 892 U.S. HIGHWAY 80 EAST -DENIED.

A public llcaring was lleld to consider an alternate screening nrethod for Blakcly - Witt and Associates, h c . , located at 802 U.S. High\vay 80 East.

Jaincs Blakely, President of Blakcly - Witt and Associates, Inc., requested modification of the eight-foot nlasonry screening wall requirement to allow installation of ail irrigated liviilg screen composed of red tip pliotii~ias, planted oil three-foot centers. Mr. Blakely pointed out that the proposed comnlercial building \rill have a residential appearance and there are no other commercial buildiilgs i n thc resideiltiiil area. Mc expressed concern foi the niaintenance of the masonry wall aild noted t!lat some of the residential i~eiglibors are opposed because it will be unsightly and block the view. 'llie Cour~cil considered a request to waive this requirement 011 Novcnlber 4 and denied the request. Staff detertilitled that tile request to allow an alternate screening method should be considered as a separate request because of the wording on the rlotification. At the December 2 Couiicil mecring, tliis item was postponed until it coi~ld bc detenrlined what affect a masonry wall would have on rlie existing drainage problem in the adjacent neighborhood. Earl Deland, Manager of Engineering Services, stated in a in em or at dun^ that a inasonry scrcenirlg wall at tile proposed site can be dcsigiied to avoid blocking or impeding stonn water runoff ill tlie area.

Mayor Ray stated tllat a petition was subinitted by eleven residents in the area who are in favor of a living wall rather than a masonry wall oil the proposed site. N o one appeared in regard to the request to allow an altcri~ate screenitlg incthod. Mayor Ray declarcd the pnblic hearing closed.

Mr. Hcitnan suggested tl~at a six-foot wrought iron feilce with photinias on each side tie considercd in lieu of a nlasonry wall. Mr. Blakely questioried what purpose would be acco~nplislied by install~ng a wrought iron fence and requested soine time to determine cost for installing the ought iron fencc as compared to a nlasonry wall.

~~.

Minutes of regular City C o u ~ ~ c i l nieetir~g held December 16, 1996 Page 9

Mr. 1Wlitworth noted that the City's Engineer has stated tliat the masonry wall will have no negative impact on the drainage problem in this neighhorliood and moved to deny the request by Blakely - Witt and Associates to consider an alteri~ate screening method at 802 U.S. Highway 80. Motion was secoiidcd by Mr. Heiman. 0 1 1 crill for a vote on the motion, the following votes were cast:

A sl~ort recess was taken.

. - .'- . I . i .. . . . . . I.: ,

Ayzs: Whitwonln, Heiman, Ray, Folks, Mims, Alexander

21. PUBLIC HEARING - API'LICATION NO. EP-5 SUBMITTED B Y ACCENT MOBILE HOMES - DENIED.

. .. -. . , . , . . +,.-:: W"..

n.;.%.-

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...M A public hearing was held to consider Application No. EP-5 submiited by Accent & ( , r . Mobile Hornes for approval of a Conditioiial Use Pennit t o allow outdoor sales (n~anufactured a Iio~lsii~g) oil propelty presently zoned Conmiercial and A-1 Apartments on Tracts 1 and 2, Block

5 .= .- . . I ,.. B, Lot 1 and Block C, Lot 2, Eastfield Plaza Addition. This property is further described as a

. , ..; . : , $ 6.82 acre tract located 1200 feet west of the Big Town I3oulward and U S Highway 67 Frontage - ..4 . . -. , i,.ll . , Road intersection, fronting the nortli side or the U.S. Higlrway 67 Frontage Road. Thc

sm-i . . . . . ' : 1 applicatioi~ was previously considered by the City Coui~cil on May 20, 1996.

Nays: Lochhead

Motion cal~ied.

. . .. - :

. '. , , . ~:;.>;2; , . .::.. ., , ... . .,. . Deborah Ryan, of Gardcre 6c Wynnc, L.L.P., attonleys for Accelit Mobile Homes, .> . . !

.m. ::.. ' began the presentation with the preview of a video providing inforination regarding the . . ::I . . ..

manufactured housing industry. Ms. Ryan then circulated rui inforrr~ationel booklet. She stated ,.r- +;.-.../ . that the proposed site will display 35 rnodel holncs wluch will be anchored, fully furnished,

. , I !

skirted and landscaped, with sollie n1odt:ls folly equipped with electricity and air conditioning -A, .

. j units. She furtl~er stated that the sales lo1 will be fully landscaped and irrigated, featuring a white picket fence across tlie frontage and four-fool walkways encircling the entire retail

+ ' -' coi~ununity. She said that the proposed site will not display uscd homes, will have no exposed Lacks of mobile I~olnes and no chain link fences. Models on tine site will he displayed for approximately nine inontl~s before being replaced with newer models. She noted that the

_....., % application is for outdoor sales only and does not ir~clude outdoor storage at this location. .

Ms. Ryan proposed, without explanau~n, that unspecified deed lestrictioiis be placed on the propeity so that all of tlic specifications the developer is proposing can be enforceable. She stated that the proposcd dcvelopcr has offered to down-zone t l ~ c ptopeny

7 surroui~dii~g the 6.82 acre tlact and develop it as a manufactured housing cotninu~iity. "

lloger Hanz. City I'lanner, after reviewing his qualificatioiis, presented the staffs overview of the application. He stilted that tlie clirrent owners of tlic subject property arc Robcn and Jolun Drittinglialn. We explained that the 1993 upclate to (lie Develop~ncnt G~iide incorporated

. . . , . ......,.,,.,.,*...-&. ..,,.. .~ * ,,~~*. -.... .~ .. ,.,.-- -..-. ~ - - . ... . . . . . . , . ,. .. . . : . .. . - . . . ' ., ..,,, -1:. r - -, I .- : ~~ ~. .. . . . I -~< . .. . .

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.+ : ... .'.L..! . . I , i!r:rp. "*~" ,>

Minutes of regular City Col~~lcil meeti~lg lleld December 16, 1996 Page 10

some urban design objectives focusing on gateways wllich included col~idors and landmarks, and stated that because these are tlie niost highly-visible locations in the City, they are locations wllere a sense of identity can be created \vliile projecting all image of the City. Mr. Hanz further stated tliat the cities of Garland, Plano and Carrolltoti Iiave also incorporated urban design objectives including gateway policie: into their developlnerit guides or compreheilsive plai~s. He pointed out that the City of Mesquite's Developnient Guide does note tliat adjoining property in these key locations contributes to tile visual image projected and that niobile liotne dealersllips have traditionally received low marks in ternls of visual image in the City's corridors.

Mr. Hanz prcscnted exlubits includir~g: (1) t u ~ aerial photograph illustrating that the area around the site is open and iitiencu~nbcred by tlic existing use, and reflecting the visual arid physical bal~ier created by Big Tow11 Boulevard bctweeti the ulideveloped property west of Big Town Boulevard and the developed manuiactured housing sites to the east; (2) a video sliowin:! the view along U.S. Higliway 67 castbound from t l~c Dallas city liniits reflecting the amount of ope11 land west of Big Town Bou1ev;lrd and the more intensified slid established developnlent to the east; (3) photographs of tile undeveloped property west of Big Town Boulevard; (4) a photograp11 illustrating tile visual and physical barrier created by Big Town Bonleverd along U.S. Highway 67; (5) a zorling inap reflecling tile zoning surrounding tlie proposed developnlent; and (6) anlap reflecting thc undeveloped areas tt~oughout Mesquite. Mr. Haliz stated tliat Ms. Ryan's tnnrketing rcpolt ilnplies cunrnt zoning lmn~pers thc subject property from being sold or developed; Iiowcver, Exhibit 6 illustrates that thirty-eight percent of the City's total land is undeveloped. Mr. Hatiz furrl~cr stated that outdoor sales lots have not bccr~ cor~sidered good neighbors to rcsidaltial uses suc11 as the nearby A-I Apartment zoning, as well as the Rrside~itial Tow~lliouse zo~iitig in thc City of Dallas, nonhwest of the proposed site.

Mr. H~t~ iz stated tllat there are ot l~cr manr~factured housing sales lots in Mesqirite, primarily east of Higllway 67. He noted that Mesquite Camper Sales, wllicl~ Ms. liyan mentiot~ed as being nearby, is located fi~rttler east on Higl~way 67, at the Gus Thomasson Road exit. Mr. Hanz explained that a Conditior~al Usc Perxilit W;IS rcccl~tly approved on Highway 67 east of Big Town Boulevard for Ed Lasater. He pointcd out several disti~~ctions between the two applications including Ule fact t1:at tllc property west of Big Town Boulevard is pan of a large undeveloped area with the character still to be established, that Big Town Boulevard divides the two properties and tile fact that Mr. Lasater's property had an cxisting use with consideration of nonconforming rights. Mr. Hanz further explained that staff, as wcll as the Plaru~ing and Zoni11g Co~m~ussion, rccomneiids denial of tlic request.

No one appeared regarding thc proposcd zoning change. Mayor Ray declared the public Ilearing closed.

, Mayor Ray asked i f ;~ilyonc l~ad any question:. for MI.. H w . Sl~c also askcd if &+.!:: Ms. Ryan wanted to question Mr. Hallz. Ms. Ryan declitxd arid presen\ed a brief closing y.*.: statement.

TI

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.@ Millutes of regular City Council ~ l iee t i l~g held December 16, 3996 q Page 11 ..... ;hq

.,:. -...~ Ms. Loclhead moved to approve Application No. EP-5 subject to the twenty *!A4 A, . .\ specifications as outlir~ed in Tab No. 7 of the infonnatio~~ submitted by Accent Mobile Homes. .:i.>~

. . I Motion was seconded by Mr. Folks. 011 call for a vote 011 the urotion, tire following votes were

Ayes: Wl~it\vo~tl~, fleimnn, Ray, Alcxn~~dvr Nays: Locllllead, Folks, Mims

. . . , .,.~.. ...i.+.. ... _:.: .... _ ... ...... .+%,: . . . . . -$,, , ,: : ., .. ....... .. x ...;'iz . . . . .."".' ;& .... +:cC

"r'" a. ?>x;~. ...- .. .. m

Motion carried

cast:

Ayes: Locllhead, Folks Nays: Ray, Heiinan, Wliitworth, Alexatrder, Mims

Motion failed.

Mr. Wl~itwonh moved to deny Application No. EP-5 submitted by Acceiu Mobile Homes. Motion was seconded by Mr. Heirnail. On call for a vote on the motion, the following votes were cast:

A sl~off recess was taken. I

Mayor Ray left (lie mceting. Mayor Pro Tern Folks presided for the remainder of thc meeting.

22. PUBIJC HEARING - API'LICA'I'ION NO. BT3-5 SUBMITTED BY EUGENE I

JOHNSTON - DENIED. h

Eugene Johns1011 requested approval to allow the sale of used automobiles at this - locatiotr. He stated that the facility llas thirty-two parking spaccs and only sixteeri spaces will

12

be used to display cars for salc. He fuiilic~. stated tllat approxin~ately 140 fcet of landscaping iilcluding photu~ias and holly will be installed. Mr. Johi~stolr explained that approximately $35,000 has bee11 spent on i~nprovernents to thc uverior and exterior of the building, and submitted photographs of the facility before and afier remodeling. Althougll the salc of automobiles will be the primary business, Mr. Jol~nston stilted tllat auto body repair work will be perfotnlcd tluough the back ponion of the facility if the Condi~iol~al Use Permit is approved. He further explaiiled tliat the current zoning ;~llows car!; to bc sold to wllolesale dealers, but

.- without qyroval of the Collditional Use Pemlit, cars cam~~\ be sold to the general public. ... -

,. C" - ~

d,.. ~. . ,. :...

-;.. .> :. .

A public Ireming \vas held to collsider Applic:~[ion No. BT3-5 submitted by Eugene I

Jolunstot~ for approval of a Conditional Use Permit to allow outdoor sales/disylay (used cars) on property presently zoned Co~n~nercial on Lot 25, Block 2, Big Town Estates No. 3 Addition. This property is further dexribed as a 1.0 acre tract located at 2612 U.S. I-Iighway 80 East.

i

Minutes of regular City Coullcil meeting l~eld Decenlber 16, 1996 Page 12

Roger Hanz, City Planner, explained that tile zoriirlg ordinance requires a wholesaler to store vehicles bcllind a screcllcd fence; llowever, approval of a Conditional Use

A

Permit will allow the applicant to park veliicles at the front of the facility for retail salc to the public. Mr. Hanz stated that a screelling wall will be required for tlie outdoor storage yard, but installation oi a masonry wall will not be requiled beca.l~e the son.ouiidi~lg zoning is nonresidential.

No one appeared in regard to tllc proposed zoning change. Mayor Pro Ten1 Folks declared tlie puhlic hearing closed.

Cotlncilmenlbers noted that the zoning, once approved, will stay with the property at~d not be discontinued if Mr. Joluiston sells llle propelty.

Mr. Mims nloved to deny Application No. BT3-5 submitted by Eugene Jolurstoi~. Motion was seconded by Mr. Heirni~n.

On call for a votc on the motioll, the following votes were cast:

Aycs: Miins, Hcinlal~, Alexander, Whiiwo~lh, Locllhrad Nays: ?:ol ks

Motion carried,

23. PUBLIC HEARING - APPLICATION NO. TCV4-6 SUBhlllTED BY hllKE BARTON - APt'ROVED.

A public heorillg was l~cld to co11sidc.r Application No. 'l'CV4-6 subnlirtcd by Mike Barton for approval of a zoning change from General Retail to Plalllled Develo~)lnellt Geileral Retail 011 Lot lA, Block D, Towne Centre Village No. 4 Additior~. This property is further described as a 0.904 acre tract located approximately 250 feet south of tile Nortli Galloway Avenue and Poieet Drive ir~tersectio~l.

Terry Anderson, representing Sonic Restaurant, presented tllc application. Mr. Anderson stated that the site plan was reversed as requested by staff. He further stated that the applicant lins workcd closely wit11 Conlpass Bal~lc for dcsigri of the cornmon drive approach. He iloted that there will be a fenced outdoor playground arca which is new to tile design of other Sonicrestaurai~ts in Mesquite. Mr. Ar~derso~i requested that review of the site plan be delegated to staff in an effort to avoid delay in consirnction ~f tlie facility.

No one allpeared in regaid to the pro;>osed zonltrg change. Mayor I'ro Teln Folks declared thc public hearing closed.

Minutes of regular City Courtcil meeting held December 16, 1996 Page 13

Mr. Heiman moved to approve Apylicatior~ No. TCV4-6 as recoinrtic~lded by tlle Platming artd Zoning Comnission, subject to Pl;uuiit~g and Zoiliilg Comnission and City Council review of the Site Plan. Motion was seconded by Mr. Mints and approved unanilnously.

APPOINTMENTS TO BOARDS AND COMI\IlSSIONS.

24, APPOINTMENT OF A CITY HEALTI1 OFFICER FOR A TERM TO EXWF,

Ms. Loclihead moved to reappoint Dr. Shashi Rao us tlte City Health Officer for a tenn to expire December 3 1, 1998. Motiori was seconded by Mr. Heunan aid approved un;u~imnously.

25. APPOINTMENT OF FOUR REGULAR AND TWO ALTERNATE MEMBEllS T O THE MUNICIPAL LlBRARY ADVISORY HOARD FOR TERMS 1'0 EXPIRE DECEMBER 4. 1998.

Mr. Heiman moved to reappoilit Patricia Bettis, Mary Lou Faliti~, Jeff Stagrler aiid Dendra Garrett as regular- ntetnbers and io appoint Bill Campbcll as senior alternate member and Shirlcy Walkills a s junior alternate tncn~ber on the hlunicipal Library Advisory Board for terms to expire December 4, 1998. Moilon was secoildad by Mr. Alexnnder and approved unanimously.

26. API'OINTMENI' 017 ONE MEMDER T O THC MESOUI'I'E HOUSING BOARI) FOll A TERM 1'0 EXPIRE DECEMBER 1. 1997.

Mr. 'Whitworth moved to appoint Robert Murdock as a member of tile Mesquite Housing Board for a tenn to expire December 3, 1997. Motioit was secoitded by Mr. Heilnan and approveil unuiimously.

EXECUTIVE SESSION - CITY COUNCIL CONFEREKCE ROOM - 7:00 P.M.

Mayor Pro Tern 1;olks arlnounced that the City Council would meet in Executive Session pursuant to Sectioii 551.072 of the Texas Government Code to considcr purclmse, exchange, lease or value or rcal property (acquisition of property for golf course colistruction); whereupon the Cotlncil proceeded to nieet ill tile City Couricil Conference Room. After tile closed rnectir~g ended at 8:00 p.m., tile City Council reconvened in Open Session.

No executive action was iicsewy. . -

Minutes of regular City Cou~icil ~neet i~lg held Decell~ber 16, 1996 Page 14

Mr. M~tns moved to adjourn the meeting. Motior~ was seconded by Ms. Lochhead. On call for a vote on t l ~ c motion, the following votes were cast:

Ayes: Mims, Lochllead, Whitworth, Folks Nays: None Absent: Hein~an, Alexander

Motion carried. The meeting adjourned at 8:OO p.m

mid &,:4.,) Ellen Williams City Secretary Mayor