Minutes

MLNUTES OF REGULAR CITY COUNCIL MEETlNG AND WORK SESSION HELD
BEGlNNLNG AT l2:00 NOON, AUGUST 16, 1993, CI'N COUNCIL CHAMHER, CITY
HAIL, 711 N. GALLOWAY.
Present:
Mayor Cathye Ray, Councilmembers John Heiman, Steve Whitworth, Steve
Alexander, Mike Anderson, Terry Brimer and Carole Lochhead; City
Manager Jim Prugel, and City Secretary Lynn Pmgel.
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PRE-MEETING ClTY CQUNCLL CONFERENCE ROOM
- 12:QO NOON.
The City Council met in the City Council Conference Room beginning at
12:OO noon to discuss the items on the Work and Regular Agenda.
ClrY COUNCIL-STAFF W O R K S E S S I O N L ~ : P.M,
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J&3NTHLY E I N A N C W RFPORT FORIULY. 1993
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Don Sirnons, Director of Finance, presented the monthly
July, 1993.
Mr. Anderson moved to accept the monthly financial repoc.for June, 1993,
as presented. Motion was seconded by Mr. Alexander and approved unanimously.
B.
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HOUSING TAX CREDIT
MEETING,
- POSTPON_EI, UNnL LATER
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Billy Thompson, Director of Community/Economic Development, stated that
CHEMD, Inc., the corporation doing business as Texas Drug Warehouse, is proposing to
build a new store on Town East Boulevard east of LBJ on property owned by Hornart
Devclopment. Mr. Thompson explained that a 25,000 square foot building is proposed,
which is significantly larger that the 20,200 square foot space currently occupied by Texas
Drug Warehouse. The estimated value of the proposed improvements is $1.8 million and
finish out is an additional $150,000, bringing the project total to $1,950,000. Payroll is
estimated to be from $750,000 to $800,000; the value of the tarable personal property
including furnishings and inventory is estimated to be $8OO,OQB; and anticipated local sales
taw is $168,000 annually. Mr. Thompson pointed out that the proposed project is slightly less
than the $2 million invcstment established by policy as the qualifying n~inimun~.He also
pointed out that no previous approvals have been given for t u abatement for retail
operations; however, the policy does not preclude tax abatement for a retail business.
Minutes of regular
- City Council meeting- held August 16, 1993
Page 2
Mr. Thompson introduced Harold P i e r , the President/Owner/Operator of
Texas Drug Warehouse. Mr. Pinker stated that Texas Drug Warehouse is a local
independent chain, the Mesquite store which opened in 1983 was the first store in the chain
and has been successful in spite of the sluggish economy. He further explained that the
present store is felt to be too small to properly senrice the community and compete with
larger stores; therefore, construction of a larger facility is proposed. The proposed store wiU
employ 45 people, of which it is anticipated that 35 will be from Mesquite. He requested
that the Council take into consideration the real estate enhancement the store will provide,
tho personal property taxes that will be added to the tax base, and that they are a local
Texas corporation that purchases services and merchandise locally.
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It was the consensus of the City Council that tax abatement b e denied on this
project since several areas of the proposal do not qualify under the criteria set out in the
City's Tax Abatement Policy.
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PROJECTS TOR TTIE 1993-94 COMMUNITY DEVELOPMEMBLOCK
PROGRAM (CDBG) - DISCUSSED.
Gordon Browning, Senior Planner, reviewed the final statement of proposed
projects for the 1993-94 Community Development Block Grant (CDBG) Program
application, as follows:
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Latchkey Care Program
Code Enforcement
Edgemont Park
Building and Facility Accessibility
Sewer Line Replacement
Evans Community Center
Planning
Housing Rehabilitation Assistance
CDBG Administration
Total Projected Funding
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Mr. Browning pointed out that the ~ ~ ~ ~ ~ r othev information
i d e d requested
at a previous meeting regarding their in-kind services for the latchkey Care Program and
that information w a included in Council packets. He further stated that if the Council has
no recommendatioris for changes to the final statement, it will be attached t o the resolution
authorizing the filing of an application for federal Funds under the Housing and Community
Development Act (Consent Item No. 4).
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$959,285
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REOUESTTO
A WATER L l E l l ALONCi LAWSON ROAD 0
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ERMCE TO 4500 LAWSON ROAD DISCUSSED.
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Minutes of regular City Council meeting held August 16, 1993
Page 3
Earl Deland, City Engineer, stated the Mr. Paul Wainwright has requested the
extension of a water main along Lawson Road to serve the new home that h e has
constructed at 4500 Lawson Road. Currently, Mr. Wainwright is getting water service
through a private easement arrangement made with his neighbor, Mr. Rodgers, giving him
access to an existing water main in Old Lawson Road.
Mr. Deland explained that the nearest existingwater main t o Mr. Wainwright's
property is located at the comer of Old Lawson and Lawson Road, a distance of
approximately 730 feet east of his most easterly property line. The City's master water plan
calls for the water main along Lawson Road to be a 12-inch water main. The water
extension ordinance provides that if a property seeking service is more than 100 feet from
the nearest existing main, the City will extend the main at the applicant's expense and that
the main should be extended across the entire frontage of the property. The ordinance
further provides that the applicant should not pay for any portion of the main that would
front property which is already served by a n existing water main. The two tracts just east
of Mr. Wainwright (Carather's and Rodger's tracts) are both served by the existing water
main in Old Lawson Road; therefore, the City would be responsible for extending the water
main along new Lawson Road to Mr. Wainwright's most easterly property line. Mr.
Wainwright has requested that the water line be extended only to his most northeasterly
yard fence line, a distance of approximately 200 feet £rom his most easterly property line.
Mr. Deland recommended that extension of the remaining portion of the
water line be deferred at this time if Mr. Wainwright will sign an agreement whereby he
would pay his share of the cost of extending the water line at such time as it is needed to
serve the vacant property to the west. Mr. Deland pointed out that the policy provides that
Mr. Wainwright is only responsible for the cost of an &inch water line, therefore the City
is responsible for the difference in cost between the 8-inch and 12-inch water line that is
required. His share of the cost will be approximately $3,000.00, and the City's cost will be
approximately $22,000.00. Mr. Wainwright has also requested that he be allowed to pay out
his share of the cost over a period of time.
Councilmembers discussed terms of a payout plan for the extension of the
water main to serve Mr. Wainwright's property at 4500 Lawson Road. It was the consensus
of the City Council to allow payout of the $3,000.00 over a three-year period at a rate of 8%
interest. This was agreeable with Mr. Wainwright.
Formal authorization to extend the water line to provide service to 4500
L w s o n Road is Consent Item No. 10.
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Lynn Prugel, City Secretary, explained that the City Charter requires that C~ty
Council districts be reviewed every three years, ai least 120 days prior to the election, to
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Minutes of regular City Council meeting held August 16, 1993
assure even distribution of population. Ms. Prugel further explained that based on the
April, 1993, population of 106,556, the ideal size for each district is 26,639. With the district
boundaries as they currently exist, District 1is 1,026 inhabitants under the ideal size, District
2 is under by 966, District 3 is under by 345, and District 4 has the greatest variance with
2,337 inhabitants over the desired district size.
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Mrs. Prugel recommended the following five adjustments: (1) Shift the 1,737
inhabitants in Casa View #15 Gom District 2 to District 1, making the boundary line
between those two districts continue along GusThomasson Road to the northern city limits;
(2) Move the 577 inhabitants in the Big Town Mall area and the Trinity Place Apartments
from District 1 to District 3, making the boundary between those two districts follow
Highway 80 to the western city limits; (3) Shift the 1,084 inhabitants in the Rollingwood
Hills area from District 4 into District 3, making the new boundary there follow along
Scyene Road and intersect with the railroad track; (4) Shift the 1,485 inhabitants in the East
Glen area, bounded by Highway 352, Pioneer, Newsom and North Mesquite Creek, from
District 4 to District 3; and (5) Shift the 2,578 inhabitants in the Tripp Road/Americana
area from District 3 to District 2, making Highway 80 the new boundary. Results of the
proposed amendments would place District 1over by 134 inhabitants, District 2 under by
125, District 3 over by 223, and District 4, where the most population growth would be
expected, under by 232.
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not be feasible to use IH 635 as a dividing line between the east and west.
It was the consensus of the City Council to authorize the preparation of an
ordinance establishing Council districts, as recommended, for consideration at the
September 20, 1993, City Council meeting.
J'LAZL- DISCU-
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Billy Thompson, Director of Gommunity/Economic Development, explained
that staff has received a request fsorn Don Val&President of the Assured Group, and Mark
O'Briant, representing the Eastfield Plaza Apartments, to abandon a portion of Eastfield
Boulevard from John West Road to Eastfield Plaza. Mr. Thompson further explained that
Mr. Valk owns the property on the east side of this part of Eastfield Boulevard and plans
to construct a self-storage development on the tract.
Minutes of regular City Council meeting held August 16, 1993
Page 5
Mr. Thompson stated that the right-of-way for Eastfield Boulevard was
dedicated by plat in 1973when the Eastficld Plaza Apartments were constructed. The street
paving improvements were deferred at that time until development of the tract now owned
by Mr. Valk. Since neither the apartments nor the proposed self-storage development need
Eastfield Boulevard for access, both of these adjacent property owners are requesting the
abandonment of this section of Eastfield Boulevard. He further stated that the utility
companies have furnished letters stating that they do not object to the proposed
abandonment if a utility easement is retained. Currently, water, sanitary sewer and storm
sewer drainage facilities are located within this street right-of-way; therefore, a utility
easement will be needed,
Mr. Thompson recommended that the abandonment of this part of Eastfield
Boulevard be approved. If Council concurs, Mr. Valk will be instructed to have an appraisal
made to determine the value of the right-of-way. When the appraisal is furnished to the
staff, an abandonment ordinance will be prepared for consideration.
Councilrnembers questioned the reason for the requested abandonment. Mr.
Tho~npsonstated that the staffs understanding is that the parties requesting abandonment
are seeking to avoid the cost of constructing the street that neither finds necessaly or
advantageous. City Engineer Earl Deland pointed out that the original request was for
abandonment of the entire Eatfield Boulevard right-of-way; however, staff had concerns
regarding future access to l o t 2, Block C.
Councilrnembers also questioned plans for ingress/egress for the proposed
self-storage complex. Walter Nelson, Consulting Engineer, representing the Valk property,
explained that typically, in a self-storageproject, there is only one entrancelexit for security
purposes. Mr. Nelson further explained that no access to John West or IH 30 is proposed.
Councilmembers expressed concern that the only way to access the self-storage
facility would be southbound on Big Town Boulevard. It was noted that the average volu~ne
of traffic generated by self-storage facilities is ten vehicles daily and this small volume
should not create a traffic problem.
It was the consensus of the City Council that the property owners pursue an
appraisal to determine the value of the right-of-wa$and, after receipt of the appraisal, that
an ordinance abandoning a portion of Eastfield Boulevard from John West Road to
Eastfield Plaza, be prepared for consideration.
B.
Ted Barroo, Assistant City Manager, explained that Cottage Lifestyles, Inc.,
is requesting Low Income Tax Credits from the Texa Dcpartnient of Housing and
Minutes of r e y l a r City Council meeting held August 16,1993
Community Mairs. Mr. Barron further explained that this State agency allows local
governments a 30-day review and comment period. Cottage Lifestyles plans to build 108
units designed for senior citizens with low to moderate incomes. Cottage of Mesquite will
be located between Highway 67 and Palos Verdes #9, with a portion of this facility lying
within the City of Garland. The property in Mesquite is zoned Planned Development
Multifamily. Mr. Barron pointed out the three actions the City may take: (1) send a letter
to this State agency supporting the project; (2) send a letter to this State agency opposing
the project; o r (3) remain silent.
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Allan English, with SPG International, Inc., representing Cottage Lifestyles in
this area, stated that he and the developer had presented the project to Billy Thompson,
Director of Community/Economic Development, approximately sk months ago. Mr.
English explained that the proposal is for a low density, one-story, 12 unit per acre project
designed and restricted to senior citizens. All units are handicapped accessible and garages
can be provided for an additional charge. He further explained that according to their
feedback, h e r e is nothing comparable to the proposed project in Mesquite which will offer
a quality rental at a considerably lower rate because of the tax credit. He advised that a
response is not mandatory, but it would provide a bonus to the developer if support and
interest is indicated by City officials. Mr. English complimented City staff for their positive
reception of the proposal and for their assistance.
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A discussion was held regarding whether the units would meet all of the City's
guidelines/requkements. Roger Hanz, City Planner, explained that since the land is zoned
Planned Development - Multifamily, Council will get an opportunity to review the site plan
for compliance.
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It was the consensus of the City Council to send a letter to the State indicating
support of the proposed project for senior citizens.
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The Work Session reccssed at 2:10 p.m.
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Mayor Ray announced that the City Council would meet in Executive Session
pursuant to Section 2(e) of the Texas Open Meetings Act to consider Pending and
Contemplated Litigation subjects; whereupon the Council proceeded to meet in the City
Council Conference Room. After the closed meeting was ended at 2 5 5 p.m., the City
Council reconvened in Open Session.
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No executive action was necessary.
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REGIJLAR CITY COUNCIL MEETING 3:30 P.M,
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Minutes of regular City Council meeting held August 16, 1993
Invocation was given by Ernest Walt, Pastor, First United Methodist Church,
Mesquite, Texas.
CITIZENSFORUM,
Ray Pieper, 908 Wilkinson, explained that he was part of a group that came
t o the last Council meeting regarding problems with the air conditioning system and parking
lot lighting at Evans Community Center. He stated that the lighting problems have been
addressed and steps are being taken to resolve the air conditioning problem. He presented
a letter signed by 140 senior citizens thanking the Council for their assistance.
APPOINTMENTS FOR PERSONAL APPEARANCE.
APPOINTMENT - DEBLBRIMER, MESOUITE MAGAZINE -SECOND
ISSUE OF MESOUITE MAGAZINE^: PRESENTED.
Len Gibbens, representing the Mesquite Chamber of Commerce, officially
presented the second issue of Mesquite Magazine. Mr. Gibbens explained that the first issue
was a tremendous success and called for a new annual edition. He stated that the new issue
is dedicated to the late Bill Blackwood, State Representative from Mesquite. He introduced
Debi Brimer, Publisher with the Brime~LanePublishing Group, who preselited the Council
with the first issues of the second edition of Mesquite Magwitle.
Ms. Brimer introduced members of the Brimer-Lane Publishing Group who
were responsible for the publication. She previewed the magazine and explained that the
purpose of the magazine is to analyze the community, identify its strengths and enhance
visually those strengths.
Sandy Shepperd, 4511 Harbinger, submitted a petition requesting installation
of speed bumps in the alley between ~ o r n i n ~ s i dand
h Harbinger from Barnes Bridge to
Harbinger. Ms. Shepperd explained that this alley backs up to a field which encourages
motorists to speed and that there are many sinall children in the neighborhood. Ms.
Shepperd also requested installation of speed limit signs and signs alerting motorists to
watch for small children in the alley.
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Minutes of regular City Council meeting held August 16, 1993
Page 8
Councilmembers discussed the need for installation of more speed bumps than
are normally installed due to the configuration of this alley and a possible need for some
sort of barrier adjacent to the pavement to keep cars from bypassing the speed bumps by
pulling into the vacant field.
Mr. Brimer moved to approve the installation of speed bumps in the alley
between Morningside and Harbinger from Barnes Bridge to Harbinger, as requested.
Motion was seconded by Mr. Anderson and approved unanimously.
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CONSENTAGENDA.
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Mr. Heiman moved to approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Whitworth and approved unanimously.
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MIN UTES O F SPECIAL CITY COUNCIL MEETING HELD JULY
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26
.@D REGULAR MEETING HELD AUGUST 2.1993,
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DIN
.2892 -
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J .INE R
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AN ORDINANCE O F THE CITY OF MESQUITE,TEUS, PROVIDING
FOR THE ABANDONMENT O F A PORTION OF BELT UNE ROAD IUGI-IT-OFWAY AT THE INTERSECIION OF RANGE ROAD ANTD BELT LlNE ROAD A S
RECORDED EN VOLUME 81026, PAGE 2340 IN THE MAP RECORDS OF DALLAS
COUNTY, TEXAS; PROVIDING AN EFFECTIVE DATE; AND DEGLPLRING AN
EMERGENCY. (Ordinance No. 2892 recorded on page - ? of Ordinance Book No. 54.)
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Y EAST
DRIVE AS REOUESTED BY
VIER. AND AUTHORIZING THE MAYOR TO EXECUTE A
OUITCLAIM DEED.
AN ORDINANCE QF THE CITY QF MESQUITE, TEXAS, PROVIDING
FOR THE ABANDONMENT OF WIGGINS PARKWAY RIGHT-OF-WAY A S
RECORDED IN VOLUME 72110, PAGE 1328 IN THE MAP REGQRDS OF DALLAS
COUNTY, TEXAS; PROVIDING AN EFFECIIVE D A E THEREOF; AND
DECLARING AN EMERGENCY. (Ordinance No. 2893 recorded on page 55
of
Ordinance Book No. 54.)
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ORDINANCE NO. 2894 ABANDONING UNNAMED STREET RIGHT-
OF-WAY LOCATED ADJACENT TO 1422 EAST HIGHWAY 80 AND
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Minutes of regular City Council meeting held August 16, 1993
Page 9
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AN OliDlNANCE OFTHE CITY OF MESQUtlE, IZXAS, PROVIDLNG
FOR THE ABANDONMENT OF AN UNNAMED STREET RIGHT-OF-WAY THAT
IS ADJACENT TO AND WEST OF 1422 E. HIGHWAY 80 SITUATED IN DALLAS
COUNTY, TEXAS AS RECORDED IN VOLUME 4173, PAGE 348 DEED RECORDS
OF DALLAS COUNTY, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A
QUrlXL4IM DEED TO SKIP WISDOM; PROVIDING AN EFFECTIVE DATE
THEREOF; AND DECLARING AN EMERGENCY. (Ordinance No. 2894 recorded on
page .i7 of Ordinance Book No. 54.)
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RESOLUTION NO. 16-93
UT'HORIZING THE FILING O F AN
APPLICATION IN AN AMOUNT NOT TO EXCEED $959.285 FOR
FEDERAL FUNDS UNDER THE HOUSING AND COMMUNITY
DEVELOPMENT ACT AND DESIGNATING THE CITY MANAGF.R AS
C H I E F EXECUTIVE OFFICER AND A U T H O R I Z E Q
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NO
A RESOLUTION OF 1XE CITY COUNCIL O F THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE FILING O F AN APPLICATION IN THE
AMOUNT NOT EXCEEDING $959.285.00 FOR FEDERAL. FUNDS UNDER THE
HOUSING AND COMMUNITY DEVELOPMENT ACT AND DESIGNATKNG JAMES
A. PRUGEL AS CHIEF EXECUTIVE OFFICER AND AUTHORIZED
REPRESENTATWE FOR THE PURPOSE OF GIVING REQUIRED ASSURANCES
AND AGTING IN CONNECTION WITH SAlD APPLICATION, AND D E C M I N G
THE EFFECTIVE DATE THEREOF. (Resolution No. 16-93 recorded on page 1 n of
Resolution Book No. 21.)
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AS SI-IOWN ON BID TABUJATON h
TOTAJ. AMOUNT OF $92.125.1&
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THE
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BID NO. 93-44 - ANNUAT, SUPPLY - SAFETY ITEMS - AWARDED TO
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J A \ V BIDDERS AS SI-IOWN ON BID TAB
9.
TOTAL AMOUNT OF F 1 3 . W
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NO.3 y $ &
JyOY
10.
W A m LINE EXTENSION AUTH' ORIZED TO SERVE 4500 LAW%
R O A D FOR AN APPROXIMATE AMOIJNT OF -$
Hb ~yuv"
11.
M A Y O R A U D TO EXECUTE A DEED FOR A PARCE. , 4 B _ B N 1 > O N E I 1 R J G GRNER
NORTH G A T ! A Y A V E N W D TRIPI' ROAD.
COY GIL be ION
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pUBIdC I-IEARING CAI.LED TO BE HELD SEPTEMBER 20. 1993. AT
3:00 P.M.TO CONSIDER THE 1993-94 CITY BUDGET.
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Minutes of regular City Council meeting held August 16, 1993
Page 10
CHANGE ORDER REPORT FROM CITY MANAGER -JKECEIVED.
[CE92-087, PASCHALL PARK: RENOVATION O F PARKING LOT AND
CONCESSION BUILDING - ($1,150.00); CE92-087, PASCHALL PARK:
RENOVATION OF PARKING LOT AND CONCESSION BUILDING
($1,650.00); CE92-087, PASCI-IALLPARK: RENOVATION OF PARKING
LOT AND CONCESSION BUILDING $155.25; CE92-087, PASCHALL
PARK: RENOVATION O F PARKING LOT AND CONCESSION
BUILDING $886.35; CE92-087, PASCHALL PARK: RENOVATION OF
PARKING LOT AND CONCESSION BUILDING ($3,000.00); CE92-087,
PASCHALL PARK: RENOVATION O F PARKING LOT AND
CONCESSION BUILDING $1,393.00; CE92-087, PASCHALL PARK:
RENOVATION OF PARKING LOT AND CONCESSION BULLDING
($5,280.00)]
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PUBLIC HEARINGS,
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ZONING
APPLICATION NO. WGA-1
ULIMITTED BY JEFF 0. IJ_QFF WITHDRAWN.
PUBLIC HEARING
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Mayor Ray announced that Application No. WGA-1 had been withdrawn at
the applicant's request.
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APPLICA1ION NO. J461-10'4
INC APPROVED.
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A public hearing was held to consider Application No. 1461-109 for approval
of-aConditional Use Permit for an Qutdoor Display and Sales Lot for New and Used C a n
on part of Lot 1, Block A, Oates Corner Retail Addition. This property is further described
as a 1.6 acre tract located south of the Oates Drive and IH 635 intersection, fronting the
H 635 Frontage Road.
east side of the I
Eddie Liebmanth with the Christon Company, explained that the property is
presently zoned Light Commercial and approval of the request would allow expansion of the
thxee Billy Barrett dealerships with the construction of an approximate 9,000 square foot
building and additional parking for customers and new/used cars. The request has been
approved by the adjacent shopping center (Sununit Oates Shoppiq Center), the seller of
the property, and Albertson's, the anchor tenant of the shopping center. The proposed
%uilding will be constructed of brick and glass to match the existing shopping center, and
cost of construction is estimated to be in excess of $S00,000.00 plus land costs. He pointed
out that there will still be vxant property between the existing Ecke~dDrug Store and the
Burett property to provide a buffer area between the twa sit&.
Minutes of regular City Council meeting held August 16, 1993
Page 11
Mr. Heiman announced that he would abstain on this item.
No one appeared in regard to the proposed zoning amendment. Mayor Ray
declared the public hearing closed.
Mr. Brimer questioned whether part of the property might be dedicated for
used car sales. Mr Liebmann responded that there would always be a mixture of both new
and used car sales on the property.
Mr. Anderson moved to approve Application No. 1461-109, as recommended
by the Planning and Zoning Commission; and further, to authorize preparation of an
ordinance to this effect. Motion was seconded by Mr. Alexander. On call for a vote on the
motion, the following votes were cast:
Ayes:
Alexander,
Lochhead
Nays:
None
Abstentions: Heiman
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Whitworth,
Ray,
Brimer,
Anderson,
Motion carried.
16.
PUBLIC HEARING
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ZONING
APPLICATION NO. 1462-212
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A public hearing was held to consider Application No. 1462-212for approval
of a Conditional Ube Per~nitfor Outdoor Sales and Display of New Utility Trailers on Tract
25, Sheet 13-0, Abstract 1462 (2564 U.S. Highway 80 East). This property is further
described as a 1.0 acre tract located approximately 180 feet west of the Millie Drive and
U.S. Highway 80 East Frontage Road intersection.
Rick Smith presented the application. In response to Councilmember's
questions, he stated that the site will be limited to sales of new trailers. We explained that
the trailers will be built at another location and transported to this site for sales.
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No one appeared in regard to the proposed zoning amendment. Mayor Ray
declared the public hearing closed.
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Mr. Anderson moved to approve Application No. 1462-212 for a Conditiol~al
Use Permit for Outdoor Sales and Display of New Utility Trailers, as reconlmcnded by the
Planning and Zoning Commission; and further, ts authorize preparation of an ordinance t o
this effect. Motion was seconded by Mr. Brimer. On call for a votc on the motion, the
following votes were c s t :
Minutes of regular City Council meeting held A u y s t 16, 1993
Page 12
Ayes: Heiman, Alexander, Whitworth, Ray, Brimer, Anderson
Nays: Lochhead
Motion carried.
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PUBLIC NEARING
ZONING - APPLICATION NO. EMP-4
SUBMITTED BY DISCOVERY ZONE - APPROVED,
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A public hearing was held to consider Application No. EMP4 for approval
of a Conditional Use Permit for a coin-operated game room o n Lot 1, Block A, The
Emporium, Phase I Addition (1515 Town East Boulevard). This property is further
described a a 15,000 square foot lease space located at the northeast corner of Emporium
East Circle and Town East Boulevard intersection.
Joseph Malcolm Assistant Director for Discovery Zone, presented the
application. He explained that a request. for a Conditional Use Permit for a coin-operated
game room w a granted by Council at a previous meeting on property very near this location
which would have required construction of a new facility. He further stated that approval
of this request would allow the occupancy of a larger pre-existing lease space and that all
aspects of the previous request will be observed at this location.
No one appeared in regard to the proposed zoning amendment. Mayor Ray
declared the public hearing closed.
Mr. Brimer moved to approve Application No. EMP-4for a Conditional Use
Permit for a coin-operated game room; and further, to authorize preparation of an
ordinance to this effect. Motion was seconded by Ms. Lochhead and approved unanimously.
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P Y BOYS BASEBALL. INC, - DCNIEg,
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A public hearing was held to coilsider Application No. 34-28 for approval of
a Conditional Use Permit for Outdoor Recreation (Baseball Fields) o n Tracts 9.2, 9.3, 9.4,
18,20 and Part of 9, Page 245, Abstract 34 and E q t Meadows Addition #l. This property
is further described as a 56.1 acre tract located at the southwest corner of the East Meadows
Boulevard and U.S.Highway 67 Frontage Road intersection.
Charles Dawson, representing Boys Baseball, Inc. (B131), presented the
application, assisted by Fred Cawyer, a Texas Registered Arcl~itectand a consultant to BBI,
who prepared the schematics for the project, and Mike Monroe, with Musco Lighting.
Mr. Dawson provided a history of the BBI organization and explained that the
way BBI organizes teams makes it drastically dilferent from other organizations in the
Minutes of regular City Council meeting held August 16,1993
Page 13
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metroplex. It organizes through a manager's base coaches organize their own teams
through participants from 16 area communities. He further explained that it is considered
a competitive league in deference to a participation league. Presently, they utilize ballfields
at Buckner Baptist Childrens Home and Dallas Christian Schools; however, they want to
build a facility of their own. He stated that the 56.1 acre tract will be utilized for the
construction of baseball fields and a corporate facility for BBI. Phase I will consist of the
construction of five to six ballfields with plans to ultimately build a total of 12. The project
will be professionally landscaped and lighted.
H e pointed out that BBI is classified as a nonprofit zgency under the IRS
Code SOl(3)C which states that a nonprofit organization is subject to ad valorem taxes on
real property but may be exempt on improvements. He encouraged the Council to approve
the request to allow what he felt would be a great commercial usage for the property, and
give BBI a n opportunity to build a facility in Mesquite to meet its responsibility to
youngsters who want to play baseball.
The following citizens representing thc neighborhood surrounding the subje~t
property spoke in opposition to the proposed zoning amendment: (1) Aaron Turner, 4200
Amy; (2) Linda Underwood, 4129 Amy: and (3) Charles Underwood, 4129 Amy. Some of
the reasons noted for the opposition were loss of property value, safety of neighborhood
children because of the increased traffic, debris, and bright lights, and excessive noise caused
by late night games. A petition signed by 29 residents in the neighborhood opposing the
request was also submitted. The preceding persons all stated that they would prefer to have
an apartment complex on this property as opposed to having baseball fields.
The following citizens representing Mesquite Baseball, Inc., (MBI) also spoke
in opposition to the proposed zoning amendment: (1) Walt Bonza, 1121Americana, #8203,
President of MBI; (2) Janna Johnson, 2229 Bayberry; (3) Frank Garrison, 1008 Placid; (4)
Gerald Hanley, 2312 Fulton; (5) Greg Balthrop, 911 Arborside; and (6) Bill Bennett, 915
Tiffany, Vice President of MBI. They indicated concerns for allowing the requested use on
the property since it will not increase the tax base nor the job base in the City. Also, they
expressed concern regarding whether another baseball associatioil is needed in the City and
whether BBI's competitive organization might dilute MBI's participation character. In
addition, MBI presented a petition with 166 signatures opposing the zoning amendment.
1
Laurie Joncs, 1429 Pecos Drive; Linda Bonza, 1121 Americana; Donna
Fraier, 2923 Shadwell; Greg West, 2111 Bridger; Greg Buelter, 2619 San Saba; and Louie
Lambright, 2410 Fulton Drive, did not speak but requested that their opposition be noted.
Gary Kime, past member of the Parks and Recreation Advisory Board; Carole
Casper, 217 Darien, representing hlesquitc PeelVee Football Association; Tom Miles, 512
Quail Hollow; and Benny Gordon, 1918 Dcl Oak, spoke in opposition to the proposed
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Minutes of regular City Council meeting held August 16, 1993
zoning amendment and stated they felt that no benefit will be realized by the City nor the
kids in the community by allowing BBI to build a facility at this location.
The following persons spoke in support of the proposed zoning amendment:
(1) Jim Pearson, 4103 Manorview Lane; (2)Larry Yurcho, 10368 White Rock Circle, Dallas;
aid (3) Fred Cawyer, 6318 Glenmoor Drive. They indicated a need for both organizations
and did not feel that BBI would take away from MBl's organization. They pointed out that
BBI focuses on preparing youth to play high school and college baseball and stated that BBI
is a great organization that simply wants to provide a state of the an facility for kids who
want to play baseball.
Mr. Dawson was allowed a rebuttal time to address some of the issues
presented by the opposition. He explained that BBI does not have the luxury that MBI has
of being part of a City that provides nice facilities for their activities. EIe stated that the
proposed facility would give their organization the ability to control the environment and
provide a saEe place for kids to play baseball. He further explained that BBI is made up of
fine people with a keen sense of responsibility and the facility will have 24-hour security,
fencing and the grounds will be policed after the games. He pointed out that the lighting
of the facility will be similar to that at Valley Creek Park.
No others appeared in regard to the proposed zoning amendment. Mayor Ray
declared the public hearing closed.
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The majority of the Councilmembers expressed concern that the proposed use
would not be the best use for this property and for the effect the added noise and traffic
would have on the adjacent neighborhood.
Mr. Brimer moved to deny Application No. 34-28. Motion was seconded by
Mr. Whitworth. On call for a vote on the motion, the following votes were cast:
Ayes: Neiman, Alexander, Whitworth, Ray, Brimer, Lochhead
Nays: Anderson
Motion carried.
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A brief recess was taken.
19.
RESOLUTION
NEWSPAPER
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NO. 17-93
DESIGNATING THE OFFICIAL
FOR THE CITY OF h1ES0IJITFTFFORA ONE-YEAR
Minutes of regular City Council meeting held August 16, 1993
Page 15
Lynn Prugel, City Secretary, explained that the agreement with the Dallar
Morning News as the City's official newspaper will expire on September 30, 1993. Ms.
Prugel further explained that last year, during the process of selecting an official newspaper,
the staff became aware that the Mesquite News no longer had a second-class postal permit,
as required by the statutes that govern publication of legal notices. This year, the Maquite
News staff is proposing to comply with state law by publishing legal ads in the Maquite News
and simultaneously in another Harte-Hank owned newspaper, the Coppell Gazette, which
has a second-class permit and is published within Dallas County. A memorandum from the
City Attorney regarding this issue was pr0vid.d to the Council.
Information regarding comparison of rates, deadlines and circulation figures
submitted by the Dallas Morning News and the Mesquite News was also provided. TheDallas
Morning Ncws proposes rates for the Wednesday, Thursday, and Friday Garland/Mesquite
partial run section and the full-run classified; however, the comparison should be made
between the full-run classified and the Mesquite News because space in the special section
is never available. Based on the information provided, the Mesquite News has the more
economical rates.
Mr. Brirner moved t o amrove Resolution No. 17-93. A RESOLUTION OF
THE c I n COUNCIL OF THE C I ~ YOF MESQUITE, EXAS, DESIGNATING AN
OFFICIAL NEWSPAPER FOR THE CITY O F MESQUITE FOR PUBLICATION OF
' W E CITY'S LEGAL ADVERTISEMENTS FOR A ONE-YEAR PERIOD; AND
DECLARING AN EFFECTIVE DATE THEREOF; and to designate the Coppell Gazette
dba Mesquite Ncws as the official newspaper subject to the following conditions as set out
in the memorandum from the City Attorney: (1) subinission of a letter from the attorney
for Harte-Hanks Community Newspapers stating that the Mesquite News combined with the
Cappell Gazette will fulfill all requirements of Articles 28a and 29a of Vernon's Civil
Statutes; or (2) a "hold harmless" agreement to the City from Harte-Hanks that all financial
loss suffered by the City due to the fact that the Mesquite News does not have a second-class
postal permit, will be paid by Warte- ha^, and (3) proof that the Coppeil Garette is
published in Dallas County; and further, if the proper documentation cannot be provided
to the City Attorney within 30 dr~ys,the Dollar Morning News will be designated as the
ofiicial newspaper for the City for a one-year period beginning October 1, 1993 and ending
September 30,1994. Motion was seconded by Mr. Heiman and approved by all voting "aye".
(Resolution No. 17-93 recorded on Date I 07 of liesolution Book No. 21.)
OTHER BUSINESS,
20.
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PUBLIC HEARING CAIkED TO BE HEID SEmMRER
CONSIDER AN AT9 VALOREM TAX R,&lT OF %.5L
7. 1993. TO
Mayor Ray explained that State law requires that the City publish special
notices and hold a public hearing before adopting the taw rate. She further explained that
Minutes of regular City Council meeting held August 16, 1993
Page 16
the notice must contain the tax rate being considered which is $.51/$100. Once the
proposed rate is published, the tax rate can be set lower, but cannot be set higher than the
published proposed rate. Mayor Ray stated that staff recommends that the public hearing
b e held on September 7 at 700 p.m., in the Council Chamber in order to adopt the tax rate
a t the September 20 Council meeting.
Mr. Anderson moved to call a public hearing to be held on September 7 at
7:00 p.m. in the Council Chamber to consider a tax rate of $.51/$100. Motion was seconded
by Mr. Alexander and approved unanimously.
21.
no.
WAIVER OF L I O U I D A E D DAMAGES IN THE AMOUNT OF $5.250.0Q
JN CREEK EKOOQ
CONTR O L PROJECT. CITY CONTRACT #92-07 (SEGMENTS1 AND21
*PROVED,
Matt H o h p f e l , Public Services Engineer, explained that staff is trying to
finalize the contract for the first two segments of the South Mesquite Creek Rood Control
Project, and as part of the calculations for the final estimate, it must be determined if
liquidated charges should be assessed. Mr. Holzapfel further explained that the contract ran
approximately 21 days over the allotted time at S'LSO/calendar day, totalling $5,250.00 for
liquidated damages. Staff recommended that the liquidated damages be reducedor waived
because of the contractor's good faith effort in completion of the work. Construction logs
indicate that the contractor, A.E. Shull, worked every day possible and often worked
overtime on weekends and after hours. He also had a large amount of resources dedicated
to the project at .t times in the way of equipment, material and men. The primary cause
of the delay was the large number of rainy days and its impact in working in the chamel.
Mr. Shull stated that his firm manned the job and worked diligently to
complete the job in the allotted time. He requested that the liquidated damages be waived
in this case because of the circumstances noted by Mr. Holzapfel.
A discussion was held regarding whether rain days wcre subtracted from the
total number of job days. Mr. Holzapfel explained that there are two ways to bid a job -either calendar days or working days. A calcndpr day bid is continuous days with no
allocation for rain days; whereas, each day is reviewed to see if conditions are applicable
for work in a working day bid. This particular project was a calendar day bid because of
the urgency expresscd to complete the job as soon as possible. Councilmembers requested
that staff consider all future drainage project bids o n a working day basis.
Mr. Anderson moved to waive the liquidated damages in connection with the
South Mesquite Flood Control Project, City Contract 4'92-07 (Segments 1 and 2). Motion
was seconded by Mr. Brimer and approved unanimously.
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"00273
Minutes of regular City Council meeting held August 16, 1933
RECEIPT OF RESlGNATlON AND APPOINTMENTS TO BOARDS AND
COMMISSIONS,
22.
RESIGNATION RECEIVED FROM ELEANOR GORMAN AS A
MEMBER O F M E MUNICIPAL LIBRARY ADVISORY BOARD.
ION
Mr. Anderson moved to accept the resignation from Eleanor Gorman as a
member of the Municipal Library Advisory Board. Motion was seconded by Ms. Lochhead
and approved unanimously.
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Mr. Heiman moved to appoint Brian Ingle as an alternate member on the
Airport Advisory Board for a term to expire August 16,1995. Motion was seconded by Mr.
Whitworth and approved unanimously.
24.
APPOINTMENT OF T H R E E MEMBERSTO THE KEEP MESOBEAUTIFUL INC.. BOARD O F DIRECTORS FOR TERMS TO EXPIRE
SEPTEMBFR 30.1996,
c"lELEY
no.
Mr. Brimer moved to reappoint Nina Thornton as a member of the Keep
Mesquite Beautiful, Inc., Board of Directors and to appoint Dennis Tarpley and Sharon
Bettevy for terms to expire September 30,1996. Motion was seconded bj Mr. Anderson and
approved unanimously.
Mr. Alexander moved to adjourn the meeting. Motion was seconded by Ms.
Lochhead arid approved unanimously. The meeting adjourned at 7 5 6 p.m.
~ y n pn r u g e ~
City Secretary
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