MINUTES OF WORK SESSION AND REGULAR CITY COUNCIL MEETING HELD BEGINNING AT 1200 NOON, JUNE 7, 1993, CITY COUNCIL CHAMBER, ClrY HALL, 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 Prugel.

ERE-MEETING - CITY COUNClL CONFERb'CE ROOM - l2:M 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 and discuss the budget I

format and calendar for fiscal year 1993-91. I

COmCII, - STAFF WORK SESSlON - 1:85 P.M. b I A. B

REALLOCATE CHANNELS ON THE CABLE TELEVISION INSTITUTIONAL LOOP - DISCUSSED.

Ted Barro11,Assistant City Mana~cr, explnincd that the Mesquite Independent School District (MISD) is requesting that seven channels on the lllstitutional b o p , previously unavailable due to federal regulutions and technology, be reassigned for permanent use by the School District. Mr. Barron stated that MISD currently utilizes sixteen channels for irlstitutional programming, two reverse channels for remote radio broadcast capability and four additioilal reverse channels for remote video broadcasting data use.

Mr. Barron further explained that the Cable Board met to review this request; however, a formal recommendation could not be provided due to a lack of quorum. ?he consensus of those members attending the mecting was to recommeild approval of the requesi and to forward it to the City Council for consideration.

An ordinance, on first reading, authorizing reallocation of channels on the Cable Television Institutional h o p is Consc~lt itcm #6.

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B. MONTHLY FINANCIAL, REPOIZI' FOR APRIL 1903 - RECEIVE ~?'* 1..~ ~- ... Don Simons, Director of Finance, presented the monthly financial

1.5 a^-l 1 nm April, 1993.

Mr. Anderson moved to accept the monthly financial rcport for April, 1903, - d as presented. Mo~ion was seconded by Ms. Loclllirad and appro~*ed unanimously. cs

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Minutes of regular City Council nlccting held June 7, 1993 Page 2

C. AMENDMENT TO THE CONTRACT WITH HANGAR COMPANY OF

2!.!!&T A ~ L Id. UUT>SON MUNICIPAL AIRPORT - DISCUSSED.

Harry Filbey, Airport Manager, explained that at the September 1, 1992 meeting, the Council authorized cost participation with Hangar Company of America for the development of 30 additional hangars at the Phil L. Hudson Municipal Airport for an amount not to exceed $246,100.00.

Mr. Filbey further explained that after a thorough survey and soil analysis, it was determined that more site preparation would be necessary for the hangar project than was originally expected. Because tlie project site is s o flat, a considerable amount of fill is needed to elevate the project to insure adequate drainsge. Also, because the cross-airport easement for the City of Dallas water main was found to be approximately 30 feet further south than originally thougl~t, the majority of the project had to be shifted southward. The shift to the south changed the project configuration from a total of 77,000 square feet of exterior concrete to approximately S8,135 square feet. The resultant increase in site preparation and square footage of concrete increased the total cost of the project by $180,100.00. Mr. Filbey pointed out that Hangar Company of America has agreed to assume the majority of the increased costs, but requests that thc City participate in the t-

amount of $69,360.00.

Staff reco~nniended approval of additional City participation in tlie amount ~f $69,360.00, as requested by Hangar Company of America, bringing the City's total participation to an amount not to exceed $315,460.00. If approved, construction is scheduled to commence by June 14.-

Authorization for tlie Mayor to execute an amendment to the contract with Hangar Company of America is Consent Item #12.

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=>m I we$nl"ND. PROPOSED SIDEWAL K CONSIIRIICTION ALONG NORTH GALLOWAY NEARKI_MBRQUGI3 MDDLE SCHOOL - DlSCUSSED.

~ ~ %--i Billy Thompson, Director of Community/Economic Development, stated that

a short time ago, staff met with representatives of the Mesquite Independent Scliool District

.;&'';: (MISD) to review the pedestrian traffic patterns that might be formed with the opening of

*.A -. ,,. Kimbrough Middle School on North Galloway. .l.,*).%

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explained that a sctiool zone location for tlic cross-walk i

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Minutes of regular City Council meeting held June 7, 1993 7 :.,,, page 3

Mr. Tliompson stated that staff recommends that 940 linear feet of sidewalk be constructed on the west side of North Galloway, at an estimated cost of $9,500.00 and that sidewalk be completed across two easements adjacent to the school on the east side of

. . North Galloway. These two sections on the east are 140 feet and 160 feet for a total of 300 . . linear feet at an estimated cost of $4,000.00. The total project cost is estimated to be

bl3,SOO.OO.

There was considerable discussion regarding the proposed location of the i

crosswalk and whether the recommended location would encourage studerts to walk between the houses backing up to North Galloway to access the crosswalk. It was the \ consensus of the City Council to proceed with the sidewalk connections and installation of school zone flashers. Councilmembers felt staff should seek input from Kimbrough PTA

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members regarding location of the crosswalk o r crosswalks. I

Mr. Brimer moved to approve the construction of 940 linear feet of sidewalks on the west side of North Galloway near Kimbrough Middle School and two sections on the east side totalling 300 linear feet for a total estimated project cost of $13,500.00. Motion was seconded by Ms. Lochhead and approved unanin~ously.

i E. CITY PARTlCIPATlON WITH DAI,I.AS COIJNTY AND OlHER AREA I

1 P "SOU'TH OU T-N INMESQUITE TQ SH 360 IN =TQR ELLIS COUKTY - D L S C ! ! CoUWClL ~ C T I O N

No.- Director of Communi~v/Economie Develooment Billv Thoinpson stated that i ",

Dallas County has invited City participation in a Route klignment-study for the extension of a South Outer Loop (9-1 190 or Loop 9) from 11T 20 in Mesquite to SH 360 in Tarrant 1 or Ellis County. A copy of the proposed lnterlocil Agreement subinitted by Di~ l l a~ County was provided to Councilmembers for their consideration. P

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Mr. Thompson explained that the 1991 Dallas County Bond I'rograni included $900,000.00 for a Route Alignment Study on the projcct, and thc North Central Texas Council of Governments has programmed SSO.OOO.OO us a contribution to the project funding. Though the City is not at this time requested to make a funding commitment, it L will, as a participant in the projcct, share the responsibility for securing additional funding for the project if the cost exceeds $950,000.00. It is not anticipated that the cost will exceed k the $950,000.00 committed by the County and COG, and every effort will be made to keep t ~ . the scope of work within available funding.

The proposed Interlocal Agreement providcs for the establishment of a Policy r Advisory Committee, a group of clectcd officials to provide project oversight and policy guidance, and a Steering Committee of staff rcpresent:~tives to dcnl with a consul:ant and - . ~. . .

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Minutes of regular City Council meeting held June 7, 1993 Page 4

administer the project on a day-to-day basis. A member of the City Council and a staff member would be named to represent Mesquite on these project study groups.

A resolution authorizing the Mayor to execute an Interlocal Agreement with Dallas County is Consent Item #ll.

F. A N m BROAD STREETTO A MAXIMUM OFTWO (2) HOURLDISCYSSED. I

N 02!&ffE Billv T ~ o ~ D s o ~ , Director of Communitv/Economic Development. stated that "I'

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a short time ago a parking problem was called to staffs attention by the new operators and management of the restaurant located on the norihwest corner of Heritage Square. Los Charros opened under new management and quickly realized a parking problem on Friday, Saturday and sometimes Sunday nights during tlie hours the Mesquite Opry is in operation. The Opry, also located on the Square, and the resvaurant are the only businesses that operate after 6:00 p.m. in the evening. Patrons of the Opry arrive early and take the majority of the parking spaces on the west side of the Square that are convenient to the Opry and Los Charros. As early restaurant customers leave, their parking spaces are filled with patrons of the Opry that occupy them the remainder of the evening.

Currently, parking o n the west side of the Square is restricted to two hours between the hours of 200 a.m. and 6:00 Dm., Monday through Saturday. Staff recommended that parking on the west side of Broad Street be restricted to a two hour maximum anytime. The proposal would provide eight parking spaces for restaurant customers throughout tlie evening hours.

Honey Hernandez, owner/operator of Los Cliarros restaurant, requested Council consideration to resolve the parking problem OII the west side of Heritage Square on weekends after 6:00 p.m. hls. Hernandez explaincd that the restaurant needs the weekend business in order for it to survive. She sratcd that patrons of tlie restaurant are a turn-over group and are not willing to walk two or three blocks to the restaurant, whereas people who attend performances similar to the Opry normally expect to \\talk a distance from where they park. She requested that some of the parking spaces be restricted to allow adequate parking for her customers.

Mr. Brimcr suggested extending the rcco~nmcndsd two-hour parking to the four spaces on the south side of West Main Street adjacent to the restaurant and enforcement to assure turnover of the cars in these 12 spaces.

Jack Akin, owner of the building, questioned the availability of approsinlately six spaces on 13road Street, norih of West hlain. I-Ie pointcd out that the spaces are not marked.

Minutes of regular City Council meeting held June 7, 1993 Page 5

An ordinance restricting parking on Broad Street is Consent Item #7. -

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gJ It was the consensus of the City Council to restrict the 12 spaces to two-hour parking anytime, as discussed. The staff was directed to explain availability of the spaces north of West Main Street, as noted by Mr. Akin; and further, to assure enforcement of the two-hour parking limit, monitor the situation and report back to the Council in July.

hlr. hillerson moved to approve the concept of the School Resource Officcr Program, as presented by staff. Motion was seconded by LIs. Lochlicad and ap[~roved E u~~ani~iiously. . . ...-

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G. p R 0 POSAL TO CREATE A SCHOOL RESOURCE OFFICER ISROI I PROGRAM WITHIN THE POLICE DEPARTMENT - DISCUSSED,3PIIt$20~

Travis Has, Police Chief, explained that the City has received a request from the Superintendent of Schools, Dr. John Ilorn, for consideration of a School Resource Officer (SRO) program whereby a Police Officer would be assigned to each of the four Mesquite Independent School District (MISD) high scllools. The costs of the SRO program would be shared by the School District and the City. The purpose of the program would be (1) to provide a greater feeling of security in and around the high school campuses; (2) to deter critne in and around the high school campuses through the presence of a uniformed Police Officer and a marked squad car; and (3) to improve relationships between students

1 j. and law enforcement officers.

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, Chief Hass further explained that due to the long lead time necessary to select f @J and train police officers, it is anticipated that a full partl~ership program can not be

implemented until January. 1994. Cliief Hass stated that staff proposes to select ofliccrs t with three to four years of service to be trained to work with the school on the SRO 1

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program. When the new rccruits have colnplcted their training, thcy will be put on patrol 1 and the officers selected for the program can begin to work with the school. He further I

stated that with Council approval, the SRO program can be started on a limited basis in f m

August, with full iniplcmentation in January, 1994. The cost of the program for the 1 remaining 1992-93 fiscal year is estimated at $52,709.00, with the City's share approximately $26,355.00. During the school term, the costs will be shared equally; the City will absorb

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the full cost of the officers during the two and one-hall months ol the summer when school L.

is not in session and the officers are assigned to other police duties. m

Chief i-iass was asked to explore options ftrr in~plenisnting the program in August when school bcgins, sucli as paying otllcr officers overtirile to fill in for the officers -- E cliosen for the SRO prograni or filling sonic police positions with civilian personnel. Chief Hass siated that lie did not know whether the Ssliool District would be prepared to fund P half the cost if tlie program was fillly imple~ncnted in August. &

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Minutcs of regular City Council meeting held J ~ i n e 7, 1993 Page 6

H. THE 1992 CABLE ACT - DISWSSED.

C O f l ~ w Ted Barron, Assistant City Manager, explained that the 1992 Cable Act

I restored partial local control over cable rates. M;. ~ a r r o n provided an overview of the Act and outlined the steps the Council must take if they wish to regulate cable ratcs. According to rules and regulations established by the Federal Communications Comlnission (FCC), the City can regulate basic cable service by applying for and receiving certification as a local regulatory authority. In order to be certified, the City must submit a Form 328 to the FCC (this form has not been released yet). The FCC will review the lccal government's request to regulatc cable and if30 days pass without comment, the local government is granted local rate authority providing the cable operator does not challenge the request. The City must also adopt rules and regulations, within 120 days after the FCC certifies the City, that are consistent with FCC guidelines and permit adequate public input in rate decibions. Expanded ba~ic cable rates are reguldted by the FCC, and they will review the expanded rates if the City or customer files a complaint. The FCC will begin receiving complaints on June 21; however, these forms are not yet available either.

Mr. Barron further explnincd that the critical issues that must be decidcd are whether the City will seek local rate certification and whether the City wants to file a rate complaint for the expanded service rates. A rate freeze, imposed by the FCC, expires on s August 3. In order to have the rate regulatory autl~ority in place by the rate freeze &, expiration, it is imperative that rate certification bc sub~nittcd as soon as possible. a

Mr. Barron recommended that the Council pass a resolutio~~ granting the City Manager the authority to sign the required docunientation to allow certification of the City and to request that the FCC review expanded rates. 1 . l ~ also reconlmended that a special Cable Board nlectinr be called to formulate the rules and rerrulations. Mr. Darron ~ointed - out that these regulaiions must be adopted according to local ordinance requiremeits, and since past cable ordinance modifications have becn read at three semrate Council meetings. the fiist reading should be hcld on June 21, the second on July '19 and the final one ;I; August 2 to assure that the City is nhlc to rcgolatc rates oncc the rate frceze lifts on August 3.

A rcsolution authorizing the City Manitger to sign the necessary documentation is Consent Itern 10.

The Work Session recessed at 245 p.m.

~ p c u ~ l v ~ . m s r o ~ ~ - - CITY COUNCIL p

Mayor Ray announced that the City Council would meet i n Executive Session pursuant to Scctiori 2(g) of the Texas Open Meelings Act to consider Appointment and Evaluatian of Public OCriciaIs; whereupon the Council proceeded to mcct in the City

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hlinutcs of regular City Council meeting held June 7, 1993 Page 7

Council Conference Room. After the closed meeting was ended at 3:10 p.m., the City Council reconvened in Open Session.

No executive action was necessary.

REGULAR CITY COUNCIL MEETING - 3:15 P.M.

Invocation was given by Leslie Loftin, Pastor, Bruton Road Christian Church, Dallas, Texas.

.... I No one appeared in regard to the citizens input hearing. Mayor Ray declared 1

. . the public hearing closed. I .< ..

P u B L VE CITIZEN COMMENTS REGARDING i

ICXIEARING 'TO RECEI I

..... 2. AMENDING THE 1992-93 COMMUNIlY DEVELOPMENT BLOCK 1. GRANT (CDBGI PROGRAM FINAL STATEMENT.

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..... I tic! A public hearing was held to receive citizen conimcnts regarding amcnding ,. . . the 1992-93 Coninlunity Development Block Grant (CDBG) Prograni Final Statement. I

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CITIZENS INPUT HEARINGS. i 1. PUBUC HEARING TO RECEIVE INI'UT FROM CITIZENS

=GARDING THE PROPOSED 1993-94 CITY BU- i I

: q ! ' p y y ' q 1 A public hearing was held to receive input fron~ citizens regarding proposed 1993-94 City budget. A second citizens input hearing will be held on June 21.

Gordon Browning, Senior Planner, explained that this public hearing is to I

receive comments regarding the proposed amendment of the 1912-93 Community I

Developlncnt Block Grant (CDBG) Progratn Final Statement to al!ow the establishment of L

a long-range planning function. T i e amendment would allow tlie transfer of $30,000.00 from the CDBG Contingency account to be used for salaries (new Planncr and partial reimbursement of City I'lnnner), initial supplies and furniture/equipnient for a new Planncr. F

No one appcarcd in regard to amending the 1992-93 Community Develop~nent E. Block Grant (CDBG) Program Final Stateiiient. Mayor Ray declared the public hearing closed.

Mr. Anderson moved to approvc the amendment to the 1992-93 Community .... Development Block Grant (CDBG) Program Final State~ncnt, as proposetl. Motion WIS R

seconded by Ms. Lochhcnd and approved unruiirnously.

Minutes of regular City Council meeting held June 7, 1393 Page 8

3. PUBLIC HEARING TO RECEIVE CITIZENS INPUT AND PROJECT

I1 A C i l b h SUGGESTIONS REGARDING THE 1993-94 COMMUNITY

&-97 DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.

A public hearing was held to receive citizens input and project suggestions regarding the 1993-94 Community Developnlent Block Grant (CDBG) Program.

Gordon Browning, Senior Planner, explained that this public hearing is the second of four scheduled public hearings. The allocation for this year's program is $959,285.00, an approximate $300,000.00 increase over last year's funding due to the 1990 census data.

Sherly Scott, 1525 Melanie h n e , explained that she appeared at the CDBG public hearing last year requesting funding for repairs and revitalization in the Edgemont Park area, and $117,000.00 was allotted for the requested improvements. She presented a needs survey prepared by staff last year which itemized repairs needed in the Edgemont Park area totalling approximately $369,000.00. Ms. Scott requested that additional funds be designated in the 1993-94 GDBG Program for Edgemont Park iniproveme~~ts to continue improvement in the area.

No others appeared in regard to the 1993-93 Community Development Block Grant Program. Mayor Kay declared the public hearing closed.

anticipated to be finished within the next mouth and a half.

Ms. Lochhead requested that staff research the feasibility of allotting CDBG funds for code enforcement needs.

CONSENT AGENDA.

Item Nos. 7, 12 and 14B were rcmoved from the Consent Agenda to be considered separately.

Mr. Aiiderson nioved to approvc tlle remaining iterils on the Consent bends, as follows. Motion was seconded by Mr. Brirncr and approved unaninlously.

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Minutes of regular City Council meeting held June 7, 1993 Page 9

4. MINUTES OF REGUL AR CI1 Y COUNCIL MEETING HELD MAY 17 60 No; jqk-yofi

5 . AN ORDINANCE. ON FIRST READING. AMENDWG THE EXISTING FRANCHISE AGREEMENTBETVEENTHE ClTY OF MESOUIE AND TU ELECTRIC COMPANY TO PROVIDE FOR A NEW FRANCHISE EL coygb-py~~ ki

AN ORDINANCE O F THE CITY OF MESQUITE, TEXAS, AMENDING THE EXISTING FRANCHISE BETWEEN THE C I I 3 AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVlDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY E X A S UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH 1'I-11s ORDINANCE IS PASSED IS OPEN TO TtIE PUBLIC AS REQUIRED BY LAW; Ah'D DECLARING AN EhfEI1GENCY.

6. AN ORDINANCE. 0 FIItST R E I N . AUTHOI<IZING P REAl LOCATIOS 001: CIIAhhlk1.S 0 , ,. s THE CARI..E TELEVISIOS i

:,,' 1 INST~TUTIONAL LOOP.

AN ORDINAKCE O F TIIE ClTY OF MESQUITE, TEXAS, AMENDING ORDINANCE NO. 1636 AUTI~IORIZIXG TI-IE REASSIGNMENT OF CABLE CHANNELS A, B, C, H1~1, 11, JJ AND KK TO THE hlESQUlTE ISDEPENDENT SCHOOL DISTRICT FOR EDUCATIONAL I'URPOSES.

I 8. ORDINANCE NO 2879 - AMENDING SECTION 9-19LOF THE CITY

W E RESTRICTING PARKING QN TI-IE EAST SIDE OF SOUTH i

PARKWAY FROM FORNEY ROAD TO SYBII, DRIVE,

"1 AN ORDINANCE OF l l-IE CITY OF MESQUITE, TEXAS, AMENDING !

1 SECTION 9-195 O F THE CODE OF THE CITY OF MESQUITE BY DELETING CERTAIN P R E S E N T M G U A G E AND ADDING CERTAIN LANGUAGETlIEREBY PROVIDING THAT WI-1EN NOTICE IS GIVEN BY THE I'OSTING O F SIGNS OR I-

MARKINGS O F CURBS, PARKING AND SrANDING OF VEHICLES SI-[ALL BE PRO13IBITED ON CERTAIN DESIGNATED STREETS; PROVIDING A

f SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED nV0 e

.... :. HUNDRED ($200.00) DOLLARS FOR EACI-I OFFENSE; AND DECLARING AN t. EMERGENCY. (01-dilla~rce No. 2879 rccorded on page 3 of Ordirlance Book No. -.

543

9. ORI3INANCE NO. 2880 - AMEXIJING SECIION 9-1.50 OF 214E CITY c

4 U C A S , SIZ. UO!J&YAIIL)nl D CLAY -MATl-IIS 110411, n g" :

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Minutes of regular City Council meeting held June 7, 1993 Page 10

AN ORDINmCE OF THE CITY O F MESQUITE, TEXAS, AMENDING SECTION 9-150 OF THE CODE OF THE ClTY OF MESQUITE BY DELETING CERTAIN PRESENTLANGUAGE AND ADDING CERTAIN L ~ N G U A G E T H E R E B Y REDUCING CERTAIN SI'EED LIM17S; PROVIDING A SEVEllABILl'TY CL.AUSE: P PROVIDING FOR A PENALTY; AND D E C M I N G AN EMERGENCY. (Ord~nance No. 2850 recorded on page 5 of Ordinance Book No. 54.)

10. PESOLUTION NO. 11-93 - AUTHORIZING THE G I ~ MANAGER TO FI DOCUMENTS UN R THE 1992 CABLE ACTTO CERTIFY THE

c021..#l01 No# c 1 E OF MEsouITE To"EEGuL ATE BASIC CABLE RATES. AND T o ACTIVATE THE FEDERAL COMMUNICATION COMMISSION'S AUTHORITY TO REGU1,ATE ALL OTHER TIERS OF CABLE PROGRAhlhlING REGULATED BY THE CABLE ACT,

A RESOLUTION OF THE ClTY COUNCIL O F THE CITY OF MESQUITE,TEXAS, AUTHORIZING JAMESA. PRUGEL, JR., CITY MANAGER,TO FILE DOCUMENTS REQUIRED UNDER 'THE CABLE ACI" AS MAY BE NEEDED TO CERTIFY TI-IE CITY TO REGULATE BASIC CABLE RATES AND TRIGGER THE FCC's AUTHORITY TO REGULATE ADDITIONAL CABLE SERVICE TIERS, AND DECLARING AN EFFECTIVE DATETIIEREOF. (Re\olutlon No. 11-93 recorded - on page 87 of Resolutioli Book No. 21.)

11. RESOLUTION NO. 11-93 - A1 JTUORIZING T H F MAYOR TO a -

EXECUTE AN INTERLOCAL AGREEMENT WITH-BTY QUTI..INING PARXIPATION IN A ROUTE ALIGNMENTSTUDY Fm m N _OUTERLOOP:'_I-'ROMfESOtJlTE TO SH 360 IN TARRANT OR ELLIS COUNTY.

A RESOLUTION O r TIIE CITY COUNCIL O F THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE ClTY O F MESQUITE, TEXAS, AND THE COUNTY OF DALLAS, TEXAS, AUTI4ORIZlh'G ITS EXECUTION BY MAYOR; AND PROVIDING AN EFFECTIVE DATE TIIEREOF. (Resolut~on No. 12-93 leco~ded on page no of Rewlutlon Book No. 21.)

13. FIVE-YEAR EXTENSION OF L\'ATER AND SANlTARY SEWER PRO RATA AGREEMENTS wIn1 RUTOWN HOMES. INC., I N CONNECTION WIT14 THE DE

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Minutes of regular City Council meeting held June 7, 1993 Page 11

14. A. R l RECEIVED, (CE91-62, HUDSON AIRPORT RUNWAY CG TAXIWAY - $1,136.10.) Ha

CONSENT AGENDA ITEMS CONSIDERED SEPARATE1.Y.

7. ORDINANCE NO. 2878 - AMENDING SECUQN 94990F T H E CITY 60 E RESTRI s ROAD STREET TO A MAXIMUM O F TWO 12) HOURS.

Mr. Briiner recomniendsd that the proposed ordinance limiting parking on the west side of Broad Street between Main and Davis to a maximum of two hours anytime be revised to include the south side of West Main Street between Broad and Ebrite.

Mr. Brimer then moved to approve Ordinance No. 2876, including the amendments, AN ORDINANCE O F THE CITY OF MESQUITE, TEXAS, AMENDING SECTION 9-199 OF T H E CODE O F THE CITY O F MESQUITE BY DELETING CERTAINPRESENTLAh'GUAGEAND ADDING CERTAIN LANGUAGETHEREBY PROVIDING THAT IVI-EEN NOTICE IS GIVEN BY THE POSTIKG OF SIGNS OR MARKING OF CURBS, 1T SI-IALL BE UNLAWFUL TO PARK OR STAND A VEHICLE FOR A PERIOD O F MORE THAN TWO (2) HOURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH O F F E N S E AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Whitworth and approved by all voting "aye". (Ordinance No. 2878 recorded on page 1 of Ordinance Book No. 54.)

12. MAYOR AUTHORIZED TO EXECUTE AN AMENDMENT T O TH& CONTRACT WITH HANGAR COMPANY O F AMERICA FOR A HANGAR CONSTRUCTION PROJECT A T THE PHIL L. HUDSON MUNICIPAI. A1 U O R T 'TO P R O V m FOR AN INCREASE OF 569.360.00 TN C l l Y PARTICIPATION OVER THE 0 U T H O R I Z E D AMOUNT OF 6246.ln0.0o.

Mr. Brirner explained that he realizes that the Airport can have an impact on the economic development of the City; however, lie expressed soncern for other needs in the City and the amount of nioney that continues to be diverted toward airport develcpment. He stated that he would vote for the contract amendment since the Council committed to this project as a whole, but may not he ahle to support fu~ure requests for funding at the Airport.

Mr. Urinicr moved to authorize the Mayor to execute an arnendmcnt to the contract wit11 I-Iangar Company of A~llcrica for a hangar construction project a t the Phil L.

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Minutes of regular City Council meeting held June 7, 1993

Hudson Municipal Airport to provide for an increase of $69,360.00 in City participation over the original authorized amount of $246,100.00 (total commitment not to exceed $315,460.00). Motion was seconded by Mr. Whiworth and approved unanimously.

14. B. BID NO. 93-26 - R 7 TO GLENN THURMAN. INC.. I N TI-IE AMOUNT OF 283.172.25,

Mr. Brimer stated that the Rodeo Drive Projcct is another project that the Council has approved and that he will continue to su?port. He further stated that there are other projects that the Council has approved in the past that seem to be under scrutiny for possible elimination in the upcoming budget. He encouraged the Council to honor the commitment to the Tripp Road Paving Project.

Mr. Brirner moved to award Bid No. 93-26, Rodeo Drive Paving Project, to Glenn lliurnian, Inc., in the amount of $283,172.25. Motion was seconded by Ms. Lochhead and approved unanimously.

END OF CQNSEh'T AGESDA.

-. U N N E D DEVEI.OPMENT SITE PLAN FOR OVER1,AND EXPRESS

&iD LRJ FREEWAY - APPROVED.

Mr. Andcrsbn abstained on this item.

A Planncd Development Site l'Iar1 for Overlarld Express to be located at the tiorthwest corner of Gross Road and LBJ Freeway was considered.

Mike Conway, reprcscnting the Ovcrland Express Convenience Store/Servicc Station, revicwed ths landscaping plans for the proposed business.

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Ms. Lochhcnd nioved to approvc thc Planned Developrncnt Site I'lan, as submitied, for Ovcrland Express to be located at the northwest corner of Gross Road and LBJ Freeway, subject to alteration of the drive approach onto Gross Road to adjust width, radii, and drive markings as appraved by the Trafiic Engineer. The location of the median opening shall be verified and the drive approach centered 011 the opening. Motion was -, seconded by Mr. Hcilnair. O n call for a vote oil the motion, the following votes were cast:

.. -- ... - . .

I ~bstentions: Anderson

. . *j.,.

?.~. d.,.

, : !.,~.& .I,, :,. ., . . .. . . . .,

. .::

Motion carried. -

Minutes of regul:~r City Council meeting lield June 7, I993 Page 13

Ayes: Heiman, Alexander, Whitworth, Ray, Brimer, Lochhead .-

Nays: None

16. PUBLIC HEARING - ZOh'lNG - APPLICATION NO. 2043-1 - APPROVED.

I co~)J,+-$jI I U M j No. I

A public hearing was held to consider Application No. 2093-1 for approval I of an amendment to the Mesquite Zoning Ordinance, Board of Adjustment Vacancies, Section 5-402B.4.

I

I

Roger Hanz, City Planner, explained that Council discussed term limitations Ik for the Board of Adjustment in April, and requested that the Zoning Ordinance be amended to provide the same term limitations for Board of Adjustment members that are in effect I

for members of the Planning and Zoning Commission. 1

No one appeared in regard to the proposed zoning amendment. Mayor Ray declared the public hearing closed.

Mr. Anderson moved to delete Section 5-102I3.4 of the Zoning Ordinance and - replace as follows:

4. Vacnncies/Succession; Vacancies shall be filled by the City Council for the unexpired term. A Board member may serve no more lhan 3 consecutive terms. An appointnlent of one year or rllore shall coi~slilule a term.

I4e further moved to authorize prepar;~tio~~ of an ordinance to this effect. Motion was seconded by Mr. Ileiman and approved unnnimously.

17. -- P I 1 APPLlCA'rlON NO RTSC-4 SUBMITTE!lL~Y B W E ONE ENTFI?TAINMENT GROUP - DENIED,

A public hearing was held to col~aider Applic~tion No. Bl'SC-I submitted by Prime One Entertainnlent Group for a Conditional Use l'rrn~it for a Private Club and Indoor Rccreatiori on part of the Big Town Shopping Center, pre\iously Wyatt's Caftlcria

Big Town)

Richard Seil), representing Primc One Entertainincnt Group, stated th;lt the zoning amendment would allow one of their concepts known ns J.J. Dakota's, a cornhination !?

Minutes of regular City Council meeting held June 7, 1993 Page 14

restaurant/entertainment facility/private club, at this location. Mr. Sieb further stated that a JJ. Dakota's is a variant from a pure restaurant in that they have video games, billiards, darts, and many other forms of indoor entertainment. He explained that this facility is similar to a Dave & Buster's although not as large. They cater to young adults and young married couples. Children under 21 are not allowed unless accompanied by a parent and must leave the establishment by 10:OO p.m. He encouraged the Council to approve the application to allow JJ. Dakota's at Big Town Mall in the space previously occupied by Wyatt's Cafeteria.

Jim Bchelman, representing KIMCO, the owner/operator of Big Town Shopping Center, explained that KIMCO has spent a lot of money in the last eighteen months to upgrade the mall. I-Ie reviewed their accomplishments and thanked the Council for their support of past improvements. He stated that Prime One will make a good tenant and requested approval of the application.

No others appeared in regard to the proposed zoning amendment. Mayor Ray declared the public hearing closed.

Mayor Kay stated that she could not support a J.J. Dakota's at this location and encouraged Mr. Seib to consider other locatioi~s in Mesquite that would be more !p conducive to this type of Facility. She further stated that she was not opposed to the concept, but could not support the restaurant/entertainment facility in conjunctio~~ with the .- sale of alcohol at this location.

Mr. Heiman moved to deny Application No. BTSC-4. Motion was seconded by Mr. Brimer and approved unanimously.

QTHER BUSINESS.

Mr. Heimar~ moved to cancel the regular City Council meeting scheduled for July 5, 1993. Motion was seconded by Mr. Alcxandcr and approved unanimously.

RECEII'T OF RESlCNATlON AND AI'IvQINTkIE&TS TO BOARDS AND COh1~IISSIONS.

19. RECEIVED RESIGNAIlONFROM PAUL CREECH AS A MEMBER OF T H E O R T ADVISORY BOARD,

Minutes of regular City Council meeting held June 7, 1993 Page IS

Mr. Brimer moved to accept the resignation from Paul Creech as a member of the Airport Advisory Board. Motion was seconded by Ms. Lochhead and approved unanimously.

20. 0 ADVISORY COMMITTEE FOR A TERM T O EXPIRE OCTOBER lA 1994. - Ms. Lochhead moved to a;,point Kelly Wolverton to the Youth Services

Advisory Colnniittee for a term to expire October 1, 1994. Motion was seconded by Mr. Heiman and approved unanimously.

Ms. Lochhead moved to authorize the Mayor to esecute a coniract for the ~urchase of Windridee Cour~ Aoa~tinents. Motion was seconded bv Mr. Hciman. On call .

+** .:..I 21. APPOINT o,&

- for a vote on the motion, tlie following votes were cast:

* %*.;. 5.,. . .- . . >; #.. .x.

4: *' rrnl .:, .

-I .= ..., ... ""* ., . i

:-, >: ....

Crr >a " ... ,..

'I '

- Ayes: 1lcinia11, Alexander, Wl~itworth, Ray, Brin~er, Lochhead B Nays: Nonc

W Absent: Anderson - .. - -.

TRANSPORTATION 1 Uh'CIL

cawnc~r~;~~~ NO

Ms. Lochhead moved to appoint Mike Anderson t o the Regi Transportation Council to serve a two-year term beginning January, 1994. Motion was seconded by Mr. Alexander and approved unanimously.

~ ~ ~ ~ l J W ~ , S l % S ~ ~ - _O C C t T N -NCF - 3.2

Mayor Ray announced that the City Council would meet in Executive Session pursuant to Scction 2(e) of the Texas Open Meetings Act to corlsidcr Pending and Contemplated Litigation suhjects and pursuant to Section 2(f) of ~11e Texas Open Meetings Act to considcr Purc11ase;Sale or Lease of Real I'roperty (to discuss purchase of Windridye Court Apartments); whereupon the Council proceeded to meet in the City Council Conference Room. After the closed meeting was entled at 5 5 5 p.m., tllc City Council reconvened in Open Session.

Motion carrisd.

I. hlr. IIeiinan niovcd to adjourn tllc nlcetiny. hlotion was seconded by Mr. . -

Alexander. On call for a ..,ate oil the n~otiol~, the following votcs were cast:

. . . . . - =

d

-~ I

. , . . .~ k

Minutes of regular City Council meeting held June 7, 1993

Ales: I-Ieiman, Alexander, Whitworth, Ray. Brimer, Lochhead Nays: None Absent: Anderson

I Motion carried. The meeting adjourned at 5:36 p.m.

-

- Lynn figel Cathye RYY d City Secretary Mayor