1 ' MINUTES OF WORK SESSION AND REGULAR CITY COUNCIL MEETING HELD ' BEGINNING AT 1200 NOON, JUNE 1, 1992, CITY COUNCIL CHAMBER, CITY r -d

' I HALL, 711 N. GALLOWAY.

m! I Present: Mayor Cathye Ray, Councilmembers John Heiman, Bill Newman, Steve ! I

Alexander, Mike AndersoqTerry Brimer and Carole Lochhead; City Manager

! Jim Prugel and City Secretary Lynn Prugel.

w' : PREEMEETING - CITY COUNCIL CONFERENCE ROOM - 12:OO 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.

. A. CITYWIDE RESIDF.NTIAL WASTE RECYCLING PROGRAM -

DISCUSSED. C O U U L ACTION Nem a , - . : C n 3 8 .

~ 7 I Iv Iv~~~> G;s\1up, C;IGL~UI UL I UULIL SCIV~CGS, enpiiiiuc6 il~ar staii has been . I researching alternative methods for implementation of a citywide residential waste recycling i program, and have surveyed other cities in an effort to determine the best program for the

i 7 City. As a result, staff recommends the implementation of a "Blue Bag Recycling Program" I for a two-month test period to determine the percentage of household participation, the

i j amount of material diverted from the solid waste stream and the economics of the system applied on a citywide basis.

I I Mr. Bishop reviewed the proposed test program and explained that it will j consist of commingled recyclables including plastics, bimetals, aluminum, and newspaper

. a placed into a common "blue" plastic bag. He further explained that existing equipment can be utilized and no additional personnel will be required. The driver will pick up the regular

-17 . ; garbage first, then return to pick up the blue bags. Blue bags will be taken to Vista Fibers I

E ":;' :; in Dallas (the company currently taking the City's cardboard and newspaper) to be sorted and recycled.

I Mr. Bishop stated that residents selected for the test program will receive information regarding the re~ycling program through three different efforts: by mail, a

t comi~lunity meeting, and printed information when the blue bags are delivered. b ..

.x During the "Blue Bag" test period, staff will utilize the ratio information to I redesign routes for a citywide program. 171e infolmation gathered from the test program

A c will also enable staff to determine the number of trucks and additional personnel needed --..I for a citywide recycling program.

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, - . , Mr. Bishop briefly discussed the logistics for implementing a citywide "Blue ~ ~ ~ = . " , ... , Bag" program. He explained that staff anticipates an annual cost of between $75,000 to

-..::,'..] =:I - , $100,000 which includes the cost for approximately three to four additional personnel and

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.... -1 Minutes of regular City Council meeting held June 1, 1992 Page 2

fuel costs. While residents involved in the test program will be furnished the blue plastic bags at no cost, the citywide program will require residents to purchase the bags as they presently do at City Hall or at local 7-11 Stores. In addition, Mr. Bishop stated that bids will be requested from persons interested in contracting for the City's recyclable materials. He further stated that a citywide program could be implemented by September.

Mr. Brirner moved to authorize staff to implement a "Blue Bag Recycling Program" for a two-month test period, as presented. Motion was seconded by Mrs. Lochhead and approved unanimously.

I B. AN ORDINANCE AMENDING THE C I ~ CODE REGARDING I .

, MINIMUM STANDARDS AND RULES AND REGULATIONS

NO. mVERNING ALL USERS OF THE PHIL L. HUDSON MUNICIPAL AIRPORT - DISCUSSED.

Harry Filbey, Airport Manager, explained that amendment of the Minimum I St&ddr& t u l i Ruicr an& Zeguiarions ior users or' tlie rhll L. Hudson Municipal Airport

I was postponed at the May 18, 1992, Council meeting to allow all members of the Airport Advisory Board the necessary time to review the proposed amendments. Mr. Filbey stated

I that the Board has reviewed and recommends adoption of the new Minimum Standards and Rules and Regulations.

'I I An ordinance adopting new Minimum Standards and Rules and Regulations

for users of the Phil L. Hudson Municipal Airport is Consent Item #8. 1

C. U E R E G U L A T I O N S R K R L - DISCUSSED. ' ~ u ~ ~ l ~ &CJION

.: .. i h m d ~ . Mr. Anderson stated that he had received a call from a citizen who expressed

concern that children are riding bikes on the path at City Lake Park a t the same time . ,

... / senior citizens arc taking their daily walk. Mr. Anderson explained that he was also apprised of the fact that dogs are being allowed to run unleashed in the park. We requested that enforcement of the leash law be increased in City Lake Park on weekends

-.~., during prime-use hours and that more signage be placed around the park indicating that the concrete paths are designated for pedestrian traffic.

i d Gary Moore, Director of Parks and Recreation/Building Services, stated that

the bicycle issue is longstanding and that one sign has already been installed at City Lake

I Park. He further stated that additional signs have been ordered to address the problem.

i The Work Session recessed a t 150 p.m.

1 EXl?CUTMS_SESSION - C l T Y COIJlVClL CONFERENCE ROOM - 1 ' s

Mayor Ray announced that the City Council would meet in Evecutive Session pursuant to Section 2(g) of the Texas Open Meetings Act to consider the Appointrncnt and Evaluation of Public Officials; whereupon the Council proceeded to meet in the City fit

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Minutes of regular City Council meeting held June 1, 1992

3 Page 3

Council Conference Room. After the closed meeting was ended at 3:20 p.m., the City J Council reconvened in Open Session.

Executive action taken later in the meeting.

Invocation was given by Councilmember Bill Newrnan.

ANNOUNCEMENT REGARDING DEATH OF MIKE BUNCH.

Mayor Ray announced that Mike Bunch, a former member of the Planning and Zoning Commission and a very active member of the community, passed away on May 30. Mayor Ray expressed condolences to Mr. Bunch's family and commented that the community will miss his civic contributions.

CITIZENS FORUhf.

Rosemary Heffley, representing the Mesquite Civic Choms, stated that the Chorus will be representing the City at the Columbus, Texas, Stafford Opera House and at the Roundtop Music Festival on June 12 and 13, Ms. Heffley expressed her gratitude 3 to the participants in the Chorus and expressed thanks to the Council for their support.

gRESENTATJON OF PLAQUES,

1. PRESENTATION OF A PLAQUE TO S R V E WHITWORTH IN P A T HI R

VlSORY BOARD,

Mayor Ray presented a plaque to Steve Whitworth in recognition of his senice as a member of the Airport Advisory Board from July, 1983, to May, 1992.

C-

2. .PUBLIC HEARING - RECEIVE CITE' N 1 P J'ROPOSED 1992-9lCJTY BIJDGE1; COUNCIL AcrioH h.2'10-9 a A public hearing was held to receive citizen input regarding the proposed

1992-93 City budget.

No one appeared in regard to the proposed 1992-93 City budget. Mayor Ray declared the public hearing closed. -

** I 3. PUBLIC HEARING - RECEIVE CITIZEN INPUT AND PROJECT * SUGGE5iTiQNS REGARDING THE 1992-93 COMMUNITY a OCK GRANT P- - COYW t A i ~ o n

ND. 3&

Minutes of regular City Council meeting held June 1,1992 - Page 4

A public hearing was held to receive citizen input and project suggestions regarding the 1992-93 Community Development Block Grant (CDBG) Program. I

Gordon Browning, Senior Planner, stated that this is the first of two public hearings required for participation in the 1992-93 CDBG program. Mr. Browning provided information regarding projects covered by the program in the current and past years.

Councilmembers requested staff to research other avenues for financial assistance for the latch key program, and expressed a desire to allocate a maximum of $10,000 for exercise equipment to accommodate disabled persons to be located at one of the recreation centers.

Mr. Browning stated that the 1992-93 CDBG grant allocation is $666,395. H e explained that a list of proposed projects for the 1992-93 program will be presented to the Council for consideration on June 15, 1992.

No one appeared in regard to the 1992-93 Community Development Block Grant Program. Mayor Ray declared the public hearing closed.

CONSENT AGENDA.

Item No. 9 was removed from the Consent Agenda to be considered separately.

Mr. Anderson moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mrs. Lachhead and approved unanimously.

MINUTES OF REGULAR a=-c ou N CIL MEETING HELD MAY 18.

5. ORDINANCE NO. 28U - AMENDING THE W88 UNIFORM FIRE CODE.

~ o u y f ~ , ~ ~ I O N h a $-~'UMMMT ,E II.lOUID $TOR-

- AN ORDINANCE O F THE CITY OF MESQUITE, ?EXAS, AMENDING C ~ R G OF THE CODE OF ?HE crm OF MESQUITE BY ALLOWING

I

.I ABOVE-GROUND FUMMAl3LE LIQUID TANKS; AND PROVIDING FOR <i CERTAIN AMENDMENTS AND DELETIONS; PROVIDING FOR A PENALTY NOT

TO EXCEED TWO THOUSAND ($2,000.00) DOLWiS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. (Ordinance No. 2814 recorded on page 7 3 of .

- % Ordinance Book No. 52.)

6. QEJB-2815 - ZONING - APPLICATION NO. BT3-l&

O O ~ ~ & - ~ ~ ~ ~ SUBMlTTED RY RAINBOW PLAY SYSTE- TRAQ

m------ LOCATED ON THE S O U T H \ m ! R _ N E R OF T H E MILLIE DRIVE

Minutes of regular Cily Council meeting held June 1, 1992 Page 6

$1,150.91; CE92-07, South Mesquite Creek Rood Control Project - (23,830.00)].

CONSENTAGENDA ITEMS CONSIDERED SEPARATELY,

9. RESOLUTTON NO. 16-92 - EXPRESSING OI'POSITION TO TEXAS I>EPAKTMENTOFHEALTH'S PLAN TOMANDATEO PATIONAI, s a n n AN11 Htnr:lw REGuLaTloNsoN 1 .ocAt.Gz%-RNMENn.

Mr. Brimer expressed concern for the astronomical costs that would be involved in order to comply with OSHA regulations, and voiced his approval of the resolution opposing these regulations. He requested that Representative Al Granoff, who under the new redistricting represents a portion of Mesquite, be added to the distribution list of elected officials for the resolution.

Mr. Heiman stated that he did not like to see legislators exempt themselves 3 .

:XKS Xhiik ;:icy ~ : ~ i c 61' Y ~ ; ~ ~ i c . IJU>IIIC>~W.

Mr. Brimer moved to approve Resolution No. 16-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, EXPRESSING OPPOSlTION TO THE INCORPORATION OF PROPOSED FEDERAL REGULATIONS FOR OCCKJPATIONAL SAFETY AND HEALTH WITHIN THE TEXAS DEPARTMENT OF HEALTH REGULATIONS AND DECLARING THE '7' EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Heiman and approved by A

all voting "aye". (Resolution No. 16-92 recorded on page 5 of Resolution Book No. 21.)

END OF CONSENT AGENDA,

SITE PLAN A N m J l E A l U G

11. gLANNED DEVELOPMENT SITE PLAN FOR A JACK-IN-THE-BOX DQU GI ACTlOn b& --

P ESTAURANT LQC A TED A PP ROXIMAELY 260 FEET WEST OF THE -DRIVE AND NOI?IMWEST DRIVE INTERSECTION B-MDE DRIVE AND THE 1-30 SERVICEROAD - BePBI)_VED.

r! . . . .< A Planned Dcveloprnent Site Plan was considered for a Jack-In-The-Box

8 i

I Restaurant located approximately 260 feet west of the Morningside Drive and Northwest Drive intersection, between Morningside Drive and the 1-30 Service Road. The Planned

..:.. -i Development Site Plan was submitted by Mayse and Associates for Foodmaker, Inc. I

' i -. I . . . worked with staff an .,:I construction of anot

Minutes of regular City Council rneeting held June 1, 1992 Page 7

The staff and Planning and Zoning Commission recoinmended approval of the site plan subject to the following stipulations: (1) Formal letters of agreement between FINA property owner and Jack-In-The-Box regarding the closure of the existing drive approach onto Morningside Drive, and mutual access easements between the two properties; subject to the approval of the TraFfic Division and the Fire Marshal in regard to £ire lane relocation. A detailed site plan of the two properties showing access and fire lanes shall be submitted for approval prior to issuance of building permits, and (2) A 25 foot internal access roadway parallel to the 1-30 frontagelse~ce road shall be provided. This roadway shall be designed to street standards with curbs and gutters. Parking spaces shall not be directly accessed from this roadway. Roger Hanz, City Planner, pointed out that the site plan provided has accommodated these recommendations.

Mr. Newman moved to approve the Planned Development Site Plan for a Jack-In-The-Box Restaurant, as submitted. Motion was seconded by Mr. Heiman and approved unanimously.

12. 1 1EA BY ROBERT WILLIAM IIOLIANR - DEKlED.

C?W%:L &I:GH No. dS -7d

A public hearing was held to consider Application No. BT3-4 submitted -6"?---- y Robert William Holland for approval of a Conditional Use Permit for an Outdoor Display Lot in a Commercial District for an Outdoor Auction Facility on part of Lot 20, Block 4, Big Town Estates #3, First Installment (2414 Highway 80 East, Building 2). This property is further described as the 1.251 acre tract located southwest of the Gross Road and Highway 80 East intersection, fronting the south side of the Highway 80 East Service Road.

Neither the applicant nor a representative war present at the public hearing.

Ron Cornelius, representing the adjacent property owners on the north and south sides, stated that they agree the property is zoned appropriately as it is and see no reason to change it.

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

Mr. Brimer moved to deny Application No. RT3-4. Motion was seconded by Mr. Anderson and approved unanimously.

13. B y 2-44 - I Y FIRST INTERSTATE BANK OF PFFRIOD B E G ~ N ~ I U U G U S T

Don Simons, Director of Fiance, stated that the City's two year depository contract expires July 31, 1992. Mr. Simons further stated that Requests for Proposals for

Minutes of remlar City Council meeting held June 1, 1992 - - Page 8

banking services were distributed to all banks that are located within the City that met the requirements for depositories of municipal funds as established by state law. He explained that only two bids were received -- First Interstate Bank of Texas, N.A., and Nations Bank of Texas, N.A. First Interstate submitted the low bid, and since they have served as the City's depository for six years and the City has been pleased with their service, staff recommends award of the bid to First Interstate Bank of Texas, N.k, for atwo-year period.

Mr. Anderson moved to award Bid No. 92-44, City Depository Contract, to First Interstate Bank of Texas, N A , for a two-year period beginning August 1, 1992, and ending July 31, 1994, for an estimated annual cost of $45,954.00. Motion was seconded by Mr. Newman and approved unanimously.

OTHER BUSINESS,

w - 14. REGULA - - - R cIm COUNCIL M E E ~ N G SCHEDULED FOR JULY 2 4 - ? -- m,Jpb-jy :$#

LYYL - CAP.~~~LU-ICION kkl-.ouwT vfiN~tu. II. - ,.". --

Mr. Anderson moved to deny the request to cancel the July 20,1992, regularly scheduled City Council meeting. Motion was seconded by Mr. Heiman and approved unanimously.

n RECEIPT OF RESIGNATIONS AND APPOINTMENTS TO BOARDS AND COMMISSIONS.

15. RESIGNATION RECEIVED FROM DR. DAN SUNQ!XMANN AS A MEMBER O F THE MESOUITE CABLE 'TELEVISION ADVlSORY

16E&2r BOARD AND APPOINTMENT OF ONE MEMBER. REPRESENTING EASTFIFLD COLLEGE. 70 W E BOARD FOR A E R M TO EXPIRE OCTOBER 19. 1994.

Mr. Brimer moved to accept the resignation of Dr. Dan Sundermann as a member of the Mesquite Cable Television Advisoiy Board, and to appoint Dr. Rodger Pool, Interim President of Eastfield College, as a member for a term to expire October 19,1994. Motion was seconded by Mrs. Lochhead and approved unanimously.

r: 16. APPOINTMENT OF ONE ALTERNATE MEMBER TO THEBOARD QE:

. . . PIR 2 'T j yjCy.4-yJlon ,&I

I Mr. Heiman moved to appoint Don Grant as an alternate ~ne~nber to the

i Board of Adjustment for a term to expire October 14, 1992. Motion was seconded by Mr. L .I Brimer and approved unanimously.

"yf~.yl ,o~ 17' APPOTNTMENT OF ONE ALTERNATE MEMRER TO W E AIRPORT ..... -1 I&. A D V I S O R Y B O A R D . ~ Q ~ ~ F ~

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Minutes of regular City Council meeting held June 1, 1992 Page 9

Mrs. Lochhead moved to appoint Jerald Hopkins as an alternate member to the Airport Advisory Board for a term to expire M a c h 19,1993. Motion was seconded by Mr. Anderson and approved unanimously.

WORK SESSION - CITY_COWNCIL CONFERENCE ROOM - 355 P.M,

The City Council recessed at 35.5 p.m. for a work session to discuss the proposed 1992-93 City budget.

JCXEGUTIVE: SESSION CITY COUNCIL CONFERENCE ROOM - 6:OQ

Mayor Ray announced that the City Council would meet in Executive Session: (1) pursuant to Section 2(e) of the Texas Open Meetings Act to consider Pending and Contemplated Litigation subjects; (2) pursuant to Section 2(9 of the Texas Open Meetings Act to consider Purchase, Sale or Lease of Real Property (to consider acquisition of prn?ert), fnt airpnrt d~vrlnpm~nt); and (?! pilrcllnnt tn Sectinn 7 ( ~ ) nf ?h< Tvas Qyy? Meetings Act to consider the Appointment and Evaluation of Public Officials.

Immediately after Ekecutive Session commenced, Councilmember Terry Brimer was notified that his mother had passed away. The Executive Session adjourned at 6:lS p.m. No discussion took place.

The City Council reconvened in open session a t 6:15 p.m.

S S S I O N HELD AT 157 P.M,

Mr. Newman moved to increase Municipal Judge David Rosen's annual salary I

t o $55,000 effective June 1, 1992. Motion was seconded by Mr. Alexander. On call for a I vote on the motion, the following votes were cast: i r o m ( l c ~ ~ A 1 ON

~r&-!jJ 1

Ha ! Ayes: Alexander, Newman, Ray, Lochhead Nays: None t

Absent: Hein~an, Brimer, Anderson

Motion carried.

Minutes of regular City Council meeting held June 1, 1992

. . . Page 10

,.. . I I I Mr. Heiman returned to the meeting. ( I

+ J Mr. Newman moved to adjourn the meeting. Motion was seconded by Mrs. . , Lochhead. On call for a vote on the motion, the following votes were cast:

Ayes: Heiman, Alexander, Newman, Ray, Lochhead Nays: None Absent: Brimer, Anderson

::: i . 1 Motion carried. The meeting adjourned at 6:17 p.m.

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