Minutes - Mesquite

MINUTES O F WORK SESSION AND REGULAR CITY COUNCIL MEETING HELD
BEGINNING AT 12:OO NOON, NOVEMBER 18, 1991, CITY COUNCIL CHAMBER,
CITY HALL, 71 1 N. GALLOWAY.
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Present:
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Mayor Cathye Ray, Councilmembers John Heiman, Bill Newman, Roger C.
Samuels, Mike Anderson, Terry Brimer and Carole Lochhead; City Manager
Jim Prugel and City Secretary Lynn Prugel.
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- CITY COUNCIL CONFERENCE ROQM - 1200 NOON,
The City Council met in the City Council Conference Room beginning at
1200 noon to discuss the item. on the Work and Regular Agenda and receive status report
from the Police Chief.
- 1:30 P.M.
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A.
&lQNTH
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Don Simons, Director of Finance, presented the monthly financial report €0
September, 1991.
Mr. Anderson moved to accept the monthly financial report for September,
1991, as presented. Motion was seconded by Mr. Brimer and approved unanimously.
B.
RESULTS OF ENGINEERING STIJDY FOR WATER AND SANTTARY
5F.WER SERmCE FOR W E SHANNON-LlIMLEY ROAD AREA RECEIVED,
FO WCIL
ACTION
Na~ S - P I
Billy Thompson, Director of Community/Econornic Development, stated that
at the September 16, 1991, City Coul~cilmeeting, the Council authotized an engineering
servlces contract with the consulting firm of Bucher, Willis & Ratliff to investigate the
alternatives to extend City sanitary sewer and water senrice to the Shannon-Lumley Road
area south of 1-20, Mr. Thompson introduced Paul Lipscomb, a representative of Bucher,
Willis & Ratliff, who presented the results of the engineering study.
Mr. Lipscornb presented a summary of the consultant's review of the various
alternatives and stated that his firm recommends Alternate 3 for extension of the water
system from Mercury Road (Lucas Boulevard) south along McKenzie Road to LH.20 and
into the Shannon-Lumley Road area at an estimated cost of $940,000.00. Tl~is
recommended installation is consistent with the City's Master Water Plan. He also
rccomnlended that the work be performed by a general contractor.
Mr. Lipscornb further recommended that Alternate 2 be implemented for the
extension of the sewer system at an estimated cost of $720,000.00. He explained that this
alternate will facilitate connection of the existing houses utilizing a lift-station at tile south
end of the system. He further explained that this system will accoinmodate any future
development in the area.
Minutes of rey1;ir City Council meeting held November 18, 1991
Page 2
Mr. Thompson stated that staff is in agreement and ready to proceed with
Alternate 2, Exhibit D, for extension of the sewer system and requested authorization to
seek engineering assistance i n preparation of plans and specifications for construction. He
recommended that the determination on the water system plan be delayed to allow staff
time to further evaluate the alternatives. He explained that staff could proceed with the
preparation oE plans and specifications for the sewer system and when a determination is
made for the water system, plans and specifications for the water project would be
prepared, and if considered advantageous, the construction of both under one contract
would be possible.
Mr. Anderson moved to approve Alternate 2, Exhibit D,for installation of the
sewer system in the Shannon-Lumley Road area at an estin~atedcost of $720,000.00; to
authorize the staff to begin contract negotiations for professional assistance in preparation
of the engineering plans and specifications for the project; to assess to property owners
charges of $7.50 per foot, based upon frontage along the water or sewer main, plus tap and
meter fees; and to allow staff until the middle of January to review alternatives and make
a recommendation on the water system. Motion was seconded by Mr. Brimer and approved
unanimously.
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1991 EDITIONS OF TI-IE UNIFORM HOUSING. PLUMBING A m
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Mike Brewer, Building Official, explained that eveq three years, the Uniform
Housing, Plumbing, and Mechanical Codes are reviewed by the International Conference
of Building Officials for updating and revision. Mr. Brewer stated that the modifications
to the 1991 editions of these codes are primarily administrative and result in no significant
impact o r changes. H e recommended that enforcement of the new codes begin December
1, 1991.
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Forinal approval of the ordinances adopting the 1991 editions of the Uniform
Plumbing, Mechanical, and Housing Codes are Items #6, #7, and #8 on the Consent
Agenda.
The Work Session recc~sedat 2:30 p.m.
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EXECUTIVE SESSION - CITY COUNCIL CONFERENCE ROOM 2:35 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. Afier the closed meeting was ended at 3:OS p.m., the City
Cou~lcilreconvened in Open Session.
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Minutes of regular City Council meeting held November 18, 1991
Page 3
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REGULAR CITY COUNCIL MEETING 3:15 P.M.
Invocation was given by Bob Whitten, Pastor, Friendship Baptist Church, Mesquite,
Texas.
PRESENTATION OF AWARDS.
1.
CERITFICA1ES Or: RECOGNITION PRESEhTED TO FOOD SERVICE
BTABI..ISHMFNTS THAT EXHTUTTED EXEMPLARY PERFORMAWE
1N FOOD SANI?'AI'ION D U m G THE 19'10-91 INSPECTION PERlO
0Y
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Mayor Cathye Ray and Don Smirl, City Sanitarian, presented Food Service
Sanitation Awards to 42 food service establishments that exhibited exemplary performance
in food sanitation during the 1990-91 inspection period.
APPOINTMENTS FOR PERSONAL APPEARANCE.
2.
APPOINTMENT - R A. CATES. JR..JAC-RAC'S SERVICES - DISPUR
BETWEEN JAC-RAC'S VIDEO PRODUCTIONS AND MESOUITE PEE
WEE FOOTBALL ASSOCIATION - DLSCUSSFD.
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R.A. Cates, JI., JAC-RACs Services, addressed the Council regarding a
situation betwcen his company, Mesquite Pee Wee Football Association and Mesquite
Public Access. Mr. Cates explained that since 1989, his company has taped and offered
video tapes of the Pee Wee Football drill team competition and play-offs for sale to
partic~pants. He stated that at the beginning of the football season this year, he contacted
representatives of the Association and was advised that his company was on the schedule
to tape the competition this year. He further stated that on October 31, 1991, at 10 pm,
he was contacted by telephone and advised that JAC-RACs Services would not be able to
vldeo tape, nor offer tapes of the competition for sale. They were advised at this same time
that Mesqu~tePubl~cAccess would be video taping these activities. Mr. Cates stated that
lie had been treated unfalrly and requested that Council take some action regarding the
situation.
Mayor Ray advised Mr. Cates that although the City provides the facilities for
the Pee Wee Football activities and contracts with the Association to allow them to operate
concession facilities in connection with their activities, the Pee Wee Football Association
is an independent organization over which the City Council has no jurisdiction. Mayor Ray
also advised Mr. Cates that the Council does not dictate the programming for Mesquite
Public Access. She reco~nmendedthat Mr. Cates take his complaint to the Mesquite Pee
Wee Football Association to resolve the dispute.
3.
APPOINTMENT
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JAMES DOWDY. 924 N. BRYANJBELTIJNE
EX
NOISE FROM VEHICLES DUE TO RADIOS - DISCUSSFD.
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Minutes of regular City Council meeting held November 18, 1991
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James Dowdy, 924 N. Bryan-Beltline, presented a petition requesting passage
of an ordinance to regulate excessive noise from vehicles due to radios.
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Mr. Dowdy was informed that the City has a Noise Control Ordinance in
effectwhich prohibits using a radio or similar device in such a manner as to cause a noise
disturbance, and that the Police Department can and has cited offenders for loud, disturbing
and unnecessary vehicular noises.
Bill Egan, Assistant Police Chief, stated that the Police Department enforces
the ordinance, but an officer can only enforce what he sees and what he hears. He further
stated that it is necessary for the complainant to point out the perso11 who is in violation
in order for a citation to be issued and be willing to appear in Court with the Officer. In
most cases, the complainant is not willing to take this action.
Mr. Dowdy was advised that the Police Department will be sensitive to this
problem in his area.
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Mr. Brimer moved t o approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Newman and approved unanimously.
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ORDINANCE NO. 2777 - AMENDING S E ~ O 9-147
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OF THE c I n
CODE BY ESTABLISHING A 20 MPH SCHOOL ZONE ON N O R m
G AL1.OWAYFR 0M 300 FEET NORTH O F HI1 .LCREST TO 300 FEET
SOUTH OF HILLCREST.
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AN ORDINANCE OF THE CITY OF MESOUITE. TEXAS. AMENDING
SECTION 9-10 OF THE CODE OF THE an OF MESQUITE; BY ESTABLISHING
A NEW SCHOOL ZONE; PROVIDING THE LOCATION AND TIME OF SAID
SCHOOL ZONE AND ESTABLISHING THE MAXIMUM PRIMA FACIE SPEED
LIMIT DURING SUCH PERIOD TO BE TWENTY (20) MILES PER HOUR;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT
TO EXCEED 1WO HUNDRED ($200.00) D O W S FOR EACH OFFENSE.
(Ordinance No. 2777 recorded on page A 9 of Ordinance Book No. 5 1.
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ORDINANCE NO. 24'281 ADOPTING THE I=-N
-mING
CODE,
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AN ORDINANCE OF THE CITY OF MESQUITE,TEXAS,AMENDING
CHAPTER 5 , ARTICLE V1 OF THE CODE OF THE CITY OF MESQUITE, TEXAS,
BY ADOPTING THE UNIFORM PLUMBING CODE, 1991 EDITION, AND
PROVIDING FOR CERTAlN AMENDMENTS AND DELETIONS; PRQDDING A
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Minutes of regular City Cou~icilmeeting held November 18, 1991
Page 5
SEVERABILITY CLAUSE, AND PROVIDSNG A PENALTY.
91 of Ordinance Book No. 51.)
recorded on page
(Ordinance No. 2778
7.
UNIFORMMECHANICAL CODE.
AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING
CHAPTER 5, ARTICLE vn OF THE CODE OF THE cIm OF MESQUITE, TEXAS,
BY ADOFTING THE UNIFORM MECHANICAL CODE, 1991 EDITION, AND
PROVIDING FOR CERTAJN AMENDMENTS AND DELETIONS; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING A PENAL=.
(Ordinance No. 2779
recorded on page 9 5 of Ordinance Book No. 51.)
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ORDINANCE NO. 2780 - ADOPTING T H E 1991 EDITION O F THE;
UNJFORM HOUSING CODE,
NO.
8.
AN ORDINANCE OF THE CITY OF M E s Q U E , TEXAS, AMENDING
C W R 7, ARTICLE I O F THE CODE OF THE C I r Y O F MESQUITE, TEXAS, BY
ADOPTING THE UNIFORM HOUSING CODE, 1991 EDITION, AS THE OFFICIAL
STANDARD
THE CITY OF MESQUITE: PROVIDING A SEVERABIUm
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CLAUSE; PROVIDING FOR A PENALTY. (Ordinance No. 2780 recorded on page
of Ordinance Book No. 51.)
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B B T Q G R E E N _ M B S ' J U F A C T U R I N COMPANY
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U\I THE AMOUNT OF $15.004.94a
GOkf-91
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BID NO. 9b52 -TOWN EAST BOULEVARD PAVING AND DRAINAGE,
PHASE I AWARDED TO Gk&I\INT'HUBMAN.NI
AMQYNT OF $3.231.188.55.
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2 & TAXIWAY
EXTENS19 N PHASE I - AWARnED TO APAC-TEXAS, INC.. IN W E
AMOUNT OF -1$
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E Q W E N T CO.. U\IC$
BODY AWARDED TO DAVIS
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6262.0 G W CAB ANL)_CHAS S S - AWARDED
m S U M I M E WI-IITE GMC IN THE AMOUNT O F $61.648.0Qt
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BID NO. 91-71 86 H.P. DIESEL TRACTDP AWARDFD TO R - E-X. FORD T R A D O R . INC.. IN T H E AMOUNT O F $25.700,!&
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Minutes of regular City Council meeting held November 18, 1991
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- AWARDED
16.
BID NO. 91-76 AIR COMPRESSOR - AWARDED TO MOODY-DAY,
INC.,IN THE AMOUNT QF%10.349.00,
17.
BID NO. 91-77 - HYDRAULICALLY EXTENDIBLE BACKHOE
AWARDED TO MEGA EOUIPMENT COMPANY IN THE AMOUNT OF
$32.342.0&
18.
BID NO. 91-78
TO JACOBSEN TURF AND COMPANY IN THE AMOUNT OF
.S41.950.00.
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- FOUR 5-6 YARD DUMP BODIES AND FIOISTS
AWARDED TO FORT WORTH TRUCK SUPPLIES IN THE AMOUNT
OF $15.760.00.
19.
BID
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NO. 91-79 - FOUR 2 n
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BID NO. 91-80 - TWO 25.500 GVW CAB AND CHASSIS FOR
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- AWARDED TO P.D.O. FABRICATION AND BODY CO.. INC.. IN
AMOUNT OF $39322.40.
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B I D N O . 91-83 - ONE 46.000 GVW CAB AND CHASSIS AWARDED TQ
GMC IN THE AMOUNT OE_$44.451.3%
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J31DNO. 91-85 - 1/2 TON SUBURBAN C.4llRY-ALk-.AWARDED TQ
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NEWMAN C H E V R U l I N 1'1-IE AMOUNT O F $17.2Q&&
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Greenbelt Improvements ($950.00); CE91-038, Roren~eHouse Restoration
$270.00; CE91-038, Florence House Restoration
$393.00; CE91.043,
Seabourn Park - $425.87; CE91-047,711 N. Galloway Remodeling
- $625.00J
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AGENDA.
HEARING
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.BRH-4 SUBMITTED
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Minutes of regular City Council meeting held November 18, 1991
Page 7
A public hearing was held to consider Application No. BBH-4 submitted by
David Freeman and Lana Sprayberry/Young Country for an amendment to the Zoning
Ordinance from Commercial to a Conditional Use in Commercial for Indoor Recreation
(a teen club) on Lot 3, Block A, Blue Bell Heights Addition #2 (1210 Scyene Road).
David Freeman and L m a Sprayberry presented the application and stated that
they propose to open a teen club in the building at 1210 Scyene Road, the old Monkey
Business building. Mr. Freeman further stated that the Youth Services Steering Committee
has expressed a need for a teen club in the community, and that he and Ms. Sprayberry
have met with and are willing to work with the Committee in order to resolve concerns
regarding security and music in an effort to get teens in Mesquite off the streets.
David Allred, Mesquite Independent School District Administrator and a
member of the Youth Services Steering Committee, commented on a survey conducted by
the committee among Mesquite high school students. The 125 students who responded (out
of 150) expressed a concern that the proposed club appeased to have a country and western
theme. They preferred a more generic theme and music.
Councilmembers expressed a desire to have a teen club in the community,
but also expressed concerns regarding the locntion of the club, the age span for the patrons,
and whether enough research had been performed to assure that it would accomplish its
intended purpose.
John Escliberger, Vikon Properties, presented a petition signed by the
business owners and managers in the Scyene Business Park, 1228 Scyene Road, adjacent t o
the proposed teen club. The petition urged Councilmembers to vote against the proposal
and stated that they felt a teen club at this location would negatively impact their
businesses.
Scott Cook, representing Life Insurance Company of the Southwest, one of
tlie property owners at 1228 Scyene Road, voiced opposition to the zoning change and
stated that he felt it would have an adverse affect on the small/young businesses in the
adjacent commercial park.
Eugene Risner, representing the Youth Pastors of Mesquite, stated that his
group feels that the concept of getting teenagers off the streets is a good one, but they d o
not agree the solution is a teen club which promotes a night club atmosphere.
No others appeared in regard to the proposed zoning change. Mayor Ray
declared tlie public hearing closed.
Mr. Samuels moved to deny the request for an amendment to the Zoning
Ordinance as submitted in Application No. BBH-4. Motion was seconded by Mr. Heiman.
On call for a vote on tlie motion, the following votes were cast:
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Minutes of regular City Council meeting held November 18, 1991
Page 8
Heiman, Sarnuels, Newman, Ray, Brimer, Lochhead
Ayes:
N ~ ~ S : Anderson
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Motion carried.
A public hearing was held to consider Application No. CV16-22 submitted by
Steven Webster for an amendment to the Zoning Ordinance from General Retail to
Planned Development District to allow an Outdoor Remote Control Miniature Race Track
on a portion of Tract 4, Block A, Casa View Heights Addition #16.
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Stevcn Webster, owner of Indy RC World, presented the application. Mr.
Webster renlinded the Council that in April, 1991, he was granted approval to conduct an
outdoor remote control miniature race track in the parking lot across from his business on
a temporary (trial) basis for six months. This temporary approval was granted to allow
evaluation of the impact of the race track on the adjacent residential area. Mr. Webster
stated that this zoning change would allow permanent operation of the outdoor track and
that he is willing to comply with the recommendations of the staff and Planning and Zoning
Commission.
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N o one appeared in regard to the proposed zoning change. Mayor Ray
declared the public hearing closed.
Mr. Anderson moved to approve Application No. CV16-22 subject to the
following stipulations: (1) No permanent structure shall be constructed in the floodway of
South Mesquite Creek; (2) Final track design and location to be reviewed and approved by
staff; (3) The outdoor track is permitted only as an extension/accessory use to a permanent
indoor track facility; (4) Track operation is Limited to 9:00 p.m. on weekdays and 10:OO p.m.
on weekends. Lighting provided may include no more than 5 poles with a maximum height
of 20 feet, placed at the edge of the parking lot with lights directed eastward toward the
track. Lighting intensity may be limited by Staff as appropriate; (5) Gas powered vehicles
are prohibited on the outdoor track; (6) No permanent outdoor speakers are permitted; and
(7) Approval of the zoning shall be limited to the area currently being utilized by the
existing outdoor tracks; and further to authorize preparation of an ordinance to this effect.
Motion was seconded by Mr. Brimer. On call for a vote on the motion, the following votes
were cast:
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Motion carried.
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PUBLIC HEARING - ZONING - APPLICAITON NO. 1462-208
S$
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Heiman, Sarnuels, Brirner, Anderson
Newman, Ray, Lachhead
c~~]!~,ACT~ON
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Minutes of regular City Council meeting held November 18,1991
Page 9
Mr. Newman moved t o postpone the public hearing for Application No. 1462208 at the request of the applicant. Motion was seconded by Mrs. Lochhead and approved
unanimously.
APPOINTMENTS TO BOARDS AND COMMISSIONS.
28.
APPOINTMENT OF FIVE MEMBERS TO THE MESOUITE HOUSING
B O A R D FOR T E R M S T 0 EXPIRE DECEMBER 3.1992.
COUNCIL
AC~MM
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Mr. Brimer moved to appoint Randy Murray and to reappoint Stan H. Pickett,
Leslie Gums, Cathy Beall and Sharon R. Adams as members of the Mesquite Housing
Board for terms t o expire December 3, 1992. Motion was seconded by Mr. Heiman and
approved unanimously.
29.
APPOINTMENT OF THREE REGULAR MEMBERS T O THE
MUNICIPAL LIBRARY ADVISORY BOARD FOR TERMS TO EXPIRE
DECEc o ~
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Mrs. Lochhead moved to reappoint Virginia Milam Campbell and David
Bartley as regular members to the Municipal Library Advisory Board and to change the
appointment of Cecelia Bingman from an alternate t o a regular member for terms to expire
December 4, 1993. Motion was seconded by Mr. Newman and approved unanimously.
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EXECITTIVE SESSlLSN - CIW COUNCIL CONFERENCE R8 0 M 4.45 PM.
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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 Ciry
Couilcil Cotferencc Room. After the closed meeting was ended at 6:40 p.m., the City
Council reconvened in Open Session.
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No executive action was necessary.
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Mr. Samuels moved to adjourn. Motion was seconded by Mr. Anderson and
approved unanimously. The meeting adjourned at 6:41 p.m.
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