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City Council

Regular Meeting

Mesquite, TX · July 16, 2018

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City of Mesquite, Texas Minutes - Final City Council Monday, July 16, 2018 4:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Dan Aleman, Tandy Boroughs, Robert Miklos, Jeff Casper, Bruce Archer and Greg Noschese, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the 2018 districting process. Council directed staff to place an item on the August 20, 2018, City Council agenda to receive Council input regarding the 2018 districting process. 2 Receive briefing regarding the Downtown Infrastructure Plan. 3 Receive strategy presentations, as determined by City Management, related to City Council policy issues and strategic goals. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:24 P.M. Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Agenda Item No. 17) and Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Discuss economic development incentives for a prospective industrial business park in southeast Mesquite ); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:59 p.m., the City Council reconvened in Open Session. Executive action resulting from the closed session was taken later in the meeting. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Joe Paris, Campus Pastor, Community Life Church, Sunnyvale, Texas. City of Mesquite, Texas Page 1 City Council Minutes - Final July 16, 2018 PLEDGE OF ALLEGIANCE Members of the Stallions PeeWee Flag Football and Drill team. PRESENTATIONS 4 Presentation to Special Olympic athletes from Mesquite. Mayor Pickett and City Councilmembers recognized Special Olympians Herbert Ellis and Matthew Hernandez for their recent success at the 2018 Special Olympics USA Games in Seattle, Washington. Herbert earned a Gold medal in Bocce Ball and Matthew earned a Silver medal in Stand-Up Paddleboard. Mayor Pickett presented Herbert and Matthew a proclamation proclaiming July 16, 2018, as "Herbert Ellis and Matthew Hernandez Day" and a replica of the banner which will be displayed at Evans Recreation Center in their honor. 5 Presentation of a plaque to Wynelle Ivey in recognition of her service as a member of the Mesquite Housing Board. Mayor Pickett presented a plaque to Wynelle Ivey in recognition of her service as a member of the Mesquite Housing Board from June 2014 through May 2018. SPECIAL ANNOUNCEMENTS (1) Mayor Pickett and Mr. Archer recognized former City Councilmember Terry Brimer who was in attendance tonight. (2) Mr. Casper encouraged residents to meet at Palos Verdes Park on Saturday, July 21, 2018, at 10:00 a.m., to participate in a disc golf tournament and trash pickup. Donations of peanut butter and jelly or cash will be accepted and donated to the “Spread the Love” campaign in the disc golf tournament winner’s name. (3) Mr. Casper announced the upcoming launch of a citizen discussion group called “Mesquite Matters.” The first meeting will be held on the Thursday, August 16, 2018, and the subject will be “More Perfecting our Civic Democracy: Can We Double Democracy Here in Mesquite .” The time and place of the meeting will be announced at a later date. (4) Mr. Casper invited citizens to stop by PetSmart in Mesquite on Saturday, July 21, 2018, from Noon to 4:00 p.m., for Mesquite Animal Pawtners adoption event. (5) Mr. Archer expressed appreciation to the Mesquite Police Department, Building Inspection Division and Environmental Code Division for partnering to address recent issues in the Northridge Estates neighborhood. (6) Mr. Archer stated that he rode with Police Chief Charles Cato on the night of July 4, 2018, and observed outstanding proactive work performed by the Mesquite Police Department. (7) Mr. Archer invited residents to meet at Tisinger Elementary School, on Saturday, July 21, 2018, at 9:00 a.m., for a trash pickup in the Northridge Estates neighborhood. (8) Mr. Boroughs thanked residents for donations received this past January for the Polar Plunge event which helped provide the financial support for Special Olympics athletes, such as Herbert Ellis and Matthew Hernandez, to participate in the recent competition held in Seattle, Washington. (9) Mr. Aleman encouraged church congregations to collect donations of peanut butter and jelly to support the “Spread the Love” campaign, on Sunday, July 22, 2018, which is “National Be Someone Day.” (10) Mr. Aleman stated that he and Mr. Miklos will be hosting “Meet Your Councilmember” on Saturday, July 21, 2018, at 9:30 a.m., at Tom Thumb, 1501 Pioneer Road, and invited citizens to attend. City of Mesquite, Texas Page 2 City Council Minutes - Final July 16, 2018 (11) Mayor Pickett challenged everyone to take 10 seconds to make a difference in someone’s life in honor of “National Be Someone Day.” CITIZENS FORUM (1) Trice Battle, 3009 Sandhurst Drive, President of Parkchase Homeowners Association, requested replacement of a water meter that was removed at the entrance of the subdivision and the timeline for the hike and bike trail to be located in Parkchase Addition, Phase II. (2) Kathryn Smith, 1212 Case Drive, expressed support for Item No. 7 on today’s agenda regarding inclement weather requirements for dogs kept outdoors. (3) Bobby Carrasco, 4538 Live Oak Drive, requested information on the City crew that removed a large fallen tree limb in his yard after a recent storm so that he can express his appreciation to them. (4) Roberto Pasillas, 3020 Jamestown Drive, expressed concerns regarding issues in his neighborhood. (5) Vivian Carrasco, 4538 Live Oak Drive, expressed concerns regarding code enforcement issues in her neighborhood. CONSENT AGENDA Approval of the Consent Agenda Mr. Casper requested that Item No. 10 be removed from the Consent Agenda to be considered separately. Mr. Noschese requested that Item Nos. 14-15 be removed from the Consent Agenda to be considered separately. Mr. Miklos moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 6 Minutes of the regular City Council meeting held July 2, 2018. Approved on the Consent Agenda. 7 An ordinance amending Chapter 4 of the City Code amending regulations regarding inclement weather requirements for dogs kept outdoors. Approved on the Consent Agenda. Ordinance No. 4580, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY MAKING CERTAIN ADDITIONS AND DELETIONS IN SECTIONS 4-1, 4-14 AND 4-101 THEREBY AMENDING THE DEFINITIONS AND REGULATIONS PERTAINING TO INCLEMENT WEATHER REQUIREMENTS FOR DOGS KEPT OUTDOORS AND OUTDOOR WATER SUPPLY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4580 recorded in Ordinance Book No. 112.) 8 An ordinance amending Chapter 5 of the City Code amending regulations addressing the construction, maintenance and standards for fences. Approved on the Consent Agenda. Ordinance No. 4581, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, City of Mesquite, Texas Page 3 City Council Minutes - Final July 16, 2018 AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTIONS 5-141 AND 5-142 IN THEIR ENTIRETY AND ADDING NEW SECTIONS 5-141, 5-142, 5-150 AND 5-151, THEREBY AMENDING REGULATIONS ADDRESSING THE CONSTRUCTION, MAINTENANCE AND STANDARDS FOR FENCES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4581 recorded in Ordinance Book No. 112.) 9 A resolution adopting the Annual Plan for the Housing Choice Voucher Program. Approved on the Consent Agenda. Resolution No. 38-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING THE ANNUAL PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM. (Resolution No. 38-2018 recorded in Resolution Book No. 54.) 11 A resolution approving the Mesquite Quality of Life Corporation budget for the fiscal year 2018-19. Approved on the Consent Agenda. Resolution No. 39-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR THE FISCAL YEAR 2018-19 AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE THEREOF. (Resolution No. 39-2018 recorded in Resolution Book No. 54.) 12 Authorize the City Manager to finalize and execute a contract with Freese and Nichols in the amount of $222,500.00 for preparation of a new Mesquite Comprehensive Plan. Approved on the Consent Agenda. 13 Approve Amendment No. 5 to the 2017-18 Police Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $142,000.00. Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 10 A resolution adopting the criteria for use in the 2018 districting process. Mr. Casper stated that this item pertains to a City Charter amendment which was approved by the voters in the May 5, 2018, election and reviewed the proposed criteria in the resolution. Mr. Casper moved to amend Section 1, item (f) of the resolution to read as "Consideration may not be given to the preservation of incumbent-constituency relations by recognition of the residence of incumbents," and to approve Resolution No. 40-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING CRITERIA FOR USE IN THE 2018 DISTRICTING City of Mesquite, Texas Page 4 City Council Minutes - Final July 16, 2018 PROCESS; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Noschese. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Noschese, Pickett, Boroughs Nayes: Miklos, Archer, Aleman Motion carried. (Resolution No. 40-2018 recorded in Resolution Book No. 54.) 14 A resolution accepting the preliminary Service and Assessment Plan for authorized improvements within the Heartland Town Center Public Improvement District, setting a date for public hearing on the proposed Levy of Assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto. Mr. Miklos left the meeting. Mr. Noschese moved to approve Resolution No. 41-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ACCEPTING THE PRELIMINARY SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED IMPROVEMENTS WITHIN THE HEARTLAND TOWN CENTER PUBLIC IMPROVEMENT DISTRICT; SETTING A DATE FOR PUBLIC HEARING ON THE PROPOSED LEVY OF ASSESSMENTS; AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE; AND ENACTING OTHER PROVISIONS RELATING THERETO. Motion was seconded by Mr. Archer. On call for a vote on the motion, the following votes were cast: Ayes: Noschese, Archer, Pickett, Casper, Aleman, Boroughs Nayes: None Abstentions: Miklos Motion carried. (Resolution No. 41-2018 recorded in Resolution Book No. 54.) 15 A resolution authorizing the City Manager to finalize and execute a Transfer and Service Agreement with the Kaufman County Municipal Utility District No. 12, CADG Kaufman 146, LLC, D.R. Horton-Texas, Ltd. and Diecieseis, LLC regarding: (i) the provision of water and wastewater retail services to a residential development comprised of approximately 110.97 acres located generally south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway in Kaufman County, Texas, within the extraterritorial jurisdiction of the City (the “Trailwind Development”); (ii) the provision of water and wastewater retail services to a commercial development comprised of approximately 25.464 acres located generally at the southeast corner of IH -20 and FM-741 in the Martha Music Survey, Abstract No. 312, Kaufman County, Texas (the “25 Acre Retail Tract”); (iii) the transfer, ownership, operation and maintenance of the water and wastewater infrastructure necessary to provide such water and wastewater retail services to the Trailwind Development and the 25 Acre Retail Tract; and (iv) capacity and connection fees in connection therewith. Mr. Casper moved to approve Resolution No. 42-2018, with Exhibit "C" as presented in the Pre-Meeting, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A TRANSFER AND SERVICE AGREEMENT WITH THE KAUFMAN COUNTY MUNICIPAL UTLITY DISTRICT NO. 12; CADG KAUFMAN 146, LLC; D.R. HORTON-TEXAS, LTD; AND DIECIESEIS, LLC, REGARDING (i) THE PROVISION OF City of Mesquite, Texas Page 5 City Council Minutes - Final July 16, 2018 WATER AND WASTEWATER RETAIL SERVICES TO A RESIDENTIAL DEVELOPMENT COMPRISED OF APPROXIMATELY 110.97 ACRES LOCATED GENERALLY SOUTH OF INTERSTATE HIGHWAY 20, EAST OF FM 741 AND NORTH OF HEARTLAND PARKWAY IN KAUFMAN COUNTY, TEXAS, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY (THE “TRAILWIND DEVELOPMENT”); (ii) THE PROVISION OF WATER AND WASTEWATER RETAIL SERVICES TO A COMMERCIAL DEVELOPMENT COMPRISED OF APPROXIMATELY 25.464 ACRES LOCATED GENERALLY AT THE SOUTHEAST CORNER OF IH-20 AND FM-741 IN THE MARTHA MUSIC SURVEY, ABSTRACT NO. 312, KAUFMAN COUNTY, TEXAS (THE “25 ACRE RETAIL TRACT”); (iii) THE TRANSFER, OWNERSHIP, OPERATION AND MAINTENANCE OF THE WATER AND WASTEWATER INFRASTRUCTURE NECESSARY TO PROVIDE SUCH WATER AND WASTEWATER RETAIL SERVICES TO THE TRAILWIND DEVELOPMENT AND THE 25 ACRE RETAIL TRACT; AND (iv) CAPACITY AND CONNECTION FEES IN CONNECTION THEREWITH. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Aleman, Pickett, Archer, Noschese, Boroughs Nayes: None Abstentions: Miklos Motion carried. (Resolution No. 42-2018 recorded in Resolution Book No. 54.) END OF CONSENT AGENDA PUBLIC HEARINGS 16 Conduct a public hearing and consider an ordinance for Application No . Z0518-0037, submitted by Sean Neal, TGS Architects on behalf of American National Bank, for a change of zoning from Commercial and Military Parkway-Scyene Corridor Overlay to Commercial and Military Parkway-Scyene Corridor Overlay with a Conditional Use Permit to allow a bank with a drive-through facility, located at 917 Military Parkway. (One response in favor of the application has been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application with a certain stipulation.) Mr. Miklos entered the meeting. A public hearing was held for Application No. Z0518-0037. Jeff Armstrong, Director of Planning and Development Services, stated that American National Bank recently acquired First State Bank and is proposing to construct a new drive-through facility on the west side of the existing building. Once the new drive-through facility has been issued a certificate of occupancy, the existing drive-through facility will be demolished. The bank became a non-conforming use when the Military Parkway and Scyene Corridor Overlay District was approved in 2006 and any additions to the property require a Conditional Use Permit. No one appeared regarding the proposed application. Mr. Noschese moved to approve Application No. Z0518-0037, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4582, AN City of Mesquite, Texas Page 6 City Council Minutes - Final July 16, 2018 ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, SO AS TO APPROVE A CHANGE OF ZONING FROM COMMERCIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 917 MILITARY PARKWAY THEREBY ALLOWING A BANK WITH A DRIVE-THROUGH FACILITY AND SUBJECT TO ONE STIPULATION; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 4582 recorded in Ordinance Book No. 112.) 17 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2018-06 amending Section 3-200, Use Regulations; Section 3-500, Supplementary Use Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations for Variety Stores. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) A public hearing was held for Zoning Text Amendment No. 2018-06. Jeff Armstrong, Director of Planning and Development Services, stated that the proposed ordinance would require approval of variety stores by conditional use permit and additional criteria would be evaluated in the approval process related to the effects of variety stores on the availability of healthy food in the area. Variety stores tend to cluster and may affect future development of stores that provide healthy food. Mr. Armstrong reviewed the changes in the proposed ordinance. No one appeared regarding the proposed text amendment. Mr. Noschese moved to approve with the amendments as presented in the Pre-Meeting, and amend the item regarding incidental outdoor display to read as “Incidental outdoor display shall be prohibited in existing and future stores,” approve Zoning Text Amendment No. 2018-06, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4583, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, BY MAKING CERTAIN DELETIONS AND ADDITIONS IN SECTIONS FOUND UNDER CHAPTERS 3-200, 3-500 AND 6-100 THEREBY PROVIDING NEW AND REVISED REGULATIONS FOR VARIETY STORES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Boroughs and approved unanimously. (Ordinance No. 4583 recorded in Ordinance Book No. 112.) 18 Conduct a public hearing for the purpose of considering annexation of 25.464 acres in the City’s extraterritorial jurisdiction and generally located at the southeast corner of IH 20 and FM 741, in the Martha Music Survey, Abstract No. 312, Kaufman County, Texas, in connection with a voluntary petition submitted by Mehrdad Moayedi of CADG Kaufman 146, LLC. Mr. Miklos left the meeting. A public hearing was held for considering annexation of approximately 25.464 City of Mesquite, Texas Page 7 City Council Minutes - Final July 16, 2018 acres of land located at the southeast corner of IH 20 and FM 741. Jeff Armstrong, Director of Planning and Development Services, stated that this is the second required public hearing for the proposed annexation. The first public hearing was held at the July 2, 2018, City Council meeting. No one appeared regarding the proposed annexation. 19 Consider an ordinance annexing approximately 25.464 acres of territory within the City’s extraterritorial jurisdiction, generally located at the southeast corner of IH 20 and FM 741, in the Martha Music Survey, Abstract No. 312, Kaufman County, Texas, granting to all the inhabitants of said territory all the rights and privileges of all other citizens and making applicable to said land and its inhabitants all of the acts, ordinances, resolutions and regulations of said City, adopting a service plan for the provision of municipal services in the area so annexed, designating annexed territory to be zoned Agricultural, directing the City Secretary to give notice as required to all affected jurisdictions, revising the official boundary limits of the City and setting an effective date of annexation. Mr. Aleman moved to approve Ordinance No. 4584, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ANNEXING 25.464 ACRES OF LAND LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF IH-20 AND FM-741, IN THE MARTHA MUSIC SURVEY, ABSTRACT NO. 312, KAUFMAN COUNTY, TEXAS, IN CONNECTION WITH A VOLUNTARY PETITION SUBMITTED BY MEHRDAD MOAYEDI OF CADG KAUFMAN 146, LLC, THUS EXTENDING THE BOUNDARY LIMITS OF SAID CITY OF MESQUITE, DALLAS AND KAUFMAN COUNTIES, TEXAS, TO INCLUDE SAID LAND WITHIN THE CITY LIMITS PURSUANT TO A VOLUNTARY ANNEXATION PETITION SUBMITTED BY THE OWNER; GRANTING FUTURE INHABITANTS OF THE AREA ALL RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF THE CITY AND MAKING APPLICABLE TO SAID TERRITORY ALL OF THE ORDINANCES AND REGULATIONS OF SAID CITY; ADOPTING A SERVICE PLAN; DESIGNATING ALL TERRITORY THUS ANNEXED TO BE ZONED AGRICULTURAL; PROVIDING FOR THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Archer. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Archer, Pickett, Casper, Noschese, Boroughs Nayes: None Abstentions: Miklos Motion carried. (Ordinance No. 4584 recorded in Ordinance Book No. 112.) OTHER BUSINESS 20 Consider scheduling two special City Council meetings for Monday, July 30, 2018, at 5:00 p.m., and for Tuesday, July 31, 2018, at 5:00 p.m., to interview candidates for City Attorney. Mr. Miklos entered the meeting. Mr. Casper moved to schedule two special City Council meetings for Monday, July 30, 2018, at 5:00 p.m., and for Tuesday, July 31, 2018, at 5:00 p.m., to City of Mesquite, Texas Page 8 City Council Minutes - Final July 16, 2018 interview candidates for City Attorney. Motion was seconded by Mr. Noschese and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 21 Consider appointment of one regular member to the Board of Adjustment for a term to expire January 1, 2019, and one alternate member for a term to expire January 1, 2020, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee, and two reserve alternate members for terms to expire January 1, 2019, and January 1, 2020. Mr. Archer moved to change the appointment of George Rice from an alternate member to a regular member and to appoint Tom Palmer as an alternate member of the Board of Adjustment for terms to expire January 1, 2019, and to appoint Shannon Tucker as an alternate member for a term to expire January 1, 2020. All will also serve on the Automated Traffic Signal Enforcement Advisory Committee by designation of Councilmember Dan Aleman, Place 4, Mayor Stan Pickett and Councilmember Tandy Boroughs, Place 6, respectively. Motion was seconded by Mr. Aleman and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:36 P.M. Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Discuss economic development incentives for a prospective business expansion in central Mesquite and Consider economic development incentives for a prospect seeking to locate within the Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas ); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 9:35 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE ACTION RESULTING FROM EXECUTIVE SESSION AT 6:24 P.M. 22 Discuss economic development incentives for a prospective industrial business park in southeast Mesquite. Mr. Miklos moved to authorize the City Manager to finalize negotiations and execute a Letter of Intent having non-binding business terms with a business prospect seeking to locate in Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH 20 Business Park), substantially in the form presented in Executive Session with any changes deemed advisable by the City Manager. Motion was seconded by Mr. Archer and approved unanimously. ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Aleman and approved unanimously. The meeting adjourned at 9:40 p.m. City of Mesquite, Texas Page 9 City Council Minutes - Final July 16, 2018 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 10

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, July 16, 2018 4:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 18-3559 Receive briefing regarding the 2018 districting process. 2 18-3573 Receive briefing regarding the Downtown Infrastructure Plan. 3 18-3551 Receive strategy presentations, as determined by City Management, related to City Council policy issues and strategic goals. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:00 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Reginald Jefferson, Pastor, New Hope Baptist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Stallions PeeWee Flag Football team. PRESENTATIONS 4 18-3572 Presentation to Special Olympic athletes from Mesquite. 5 18-3512 Presentation of a plaque to Wynelle Ivey in recognition of her service as a member of the Mesquite Housing Board. City of Mesquite, Texas Page 1 Monday, July 16, 2018 City Council Meeting Agenda July 16, 2018 SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not to exceed three minutes on a first-come, first-served basis. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the City Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda by motion of the City Council.) 6 18-3552 Minutes of the regular City Council meeting held July 2, 2018. Attachments: 07.02.2018m 7 18-3570 An ordinance amending Chapter 4 of the City Code amending regulations regarding inclement weather requirements for dogs kept outdoors. Attachments: Ordinance - Dogs 8 18-3569 An ordinance amending Chapter 5 of the City Code amending regulations addressing the construction, maintenance and standards for fences. Attachments: Ordinance - Fences 9 18-3547 A resolution adopting the Annual Plan for the Housing Choice Voucher Program. Attachments: Resolution - Housing Choice Voucher 10 18-3558 A resolution adopting the criteria for use in the 2018 districting process. Attachments: Resolution - Redistricting 11 18-3565 A resolution approving the Mesquite Quality of Life Corporation budget for the fiscal year 2018-19. Attachments: Resolution - MQOLC Budget 12 18-3557 Authorize the City Manager to finalize and execute a contract with Freese and Nichols in the amount of $222,500.00 for preparation of a new Mesquite Comprehensive Plan. Attachments: Scope of Work 13 18-3556 Approve Amendment No. 5 to the 2017-18 Police Seizure Budget in accordance with Title 28, Section 524 of the United States Code and City of Mesquite, Texas Page 2 Monday, July 16, 2018 City Council Meeting Agenda July 16, 2018 Chapter 59 of the Texas Code of Criminal Procedure in the amount of $142,000.00. Attachments: Seizure Amendment No. 5 14 18-3515 A resolution accepting the preliminary Service and Assessment Plan for authorized improvements within the Heartland Town Center Public Improvement District, setting a date for public hearing on the proposed Levy of Assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto. Attachments: Resolution - SAP 15 18-3574 A resolution authorizing the City Manager to finalize and execute a Transfer and Service Agreement with the Kaufman County Municipal Utility District No. 12, CADG Kaufman 146, LLC, D.R. Horton-Texas, Ltd. and Diecieseis, LLC regarding: (i) the provision of water and wastewater retail services to a residential development comprised of approximately 110.97 acres located generally south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway in Kaufman County, Texas, within the extraterritorial jurisdiction of the City (the “Trailwind Development”); (ii) the provision of water and wastewater retail services to a commercial development comprised of approximately 25.464 acres located generally at the southeast corner of IH-20 and FM-741 in the Martha Music Survey, Abstract No. 312, Kaufman County, Texas (the “25 Acre Retail Tract”); (iii) the transfer, ownership, operation and maintenance of the water and wastewater infrastructure necessary to provide such water and wastewater retail services to the Trailwind Development and the 25 Acre Retail Tract; and (iv) capacity and connection fees in connection therewith. Attachments: Resolution - MUD No. 12 PUBLIC HEARINGS 16 18-3560 Conduct a public hearing and consider an ordinance for Application No. Z0518-0037, submitted by Sean Neal, TGS Architects on behalf of American National Bank, for a change of zoning from Commercial and Military Parkway-Scyene Corridor Overlay to Commercial and Military Parkway-Scyene Corridor Overlay with a Conditional Use Permit to allow a bank with a drive-through facility, located at 917 Military Parkway. (One response in favor of the application has been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application with a certain stipulation.) Attachments: Case Summary Staff report & maps P & Z Minutes Ordinance - Z0518-0037 City of Mesquite, Texas Page 3 Monday, July 16, 2018 City Council Meeting Agenda July 16, 2018 17 18-3562 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2018-06 amending Section 3-200, Use Regulations; Section 3-500, Supplementary Use Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations for Variety Stores. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) Attachments: P&Z minutes Ordinance - ZTA 2018-06 18 18-3554 Conduct a public hearing for the purpose of considering annexation of 25.464 acres in the City’s extraterritorial jurisdiction and generally located at the southeast corner of IH 20 and FM 741, in the Martha Music Survey, Abstract No. 312, Kaufman County, Texas, in connection with a voluntary petition submitted by Mehrdad Moayedi of CADG Kaufman 146, LLC. Attachments: Annexation Map 19 18-3553 Consider an ordinance annexing approximately 25.464 acres of territory within the City’s extraterritorial jurisdiction, generally located at the southeast corner of IH 20 and FM 741, in the Martha Music Survey, Abstract No. 312, Kaufman County, Texas, granting to all the inhabitants of said territory all the rights and privileges of all other citizens and making applicable to said land and its inhabitants all of the acts, ordinances, resolutions and regulations of said City, adopting a service plan for the provision of municipal services in the area so annexed, designating annexed territory to be zoned Agricultural, directing the City Secretary to give notice as required to all affected jurisdictions, revising the official boundary limits of the City and setting an effective date of annexation. Attachments: Ordinance - Annexation OTHER BUSINESS 20 18-3550 Consider scheduling two special City Council meetings for Monday, July 30, 2018, at 5:00 p.m., and for Tuesday, July 31, 2018, at 5:00 p.m., to interview candidates for City Attorney. APPOINTMENTS TO BOARDS AND COMMISSIONS 21 18-3561 Consider appointment of one regular member to the Board of Adjustment for a term to expire January 1, 2019, and one alternate member for a term to expire January 1, 2020, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee, and two reserve alternate members for terms to expire January 1, 2019, and January 1, 2020. Attachments: Personal Data Forms City of Mesquite, Texas Page 4 Monday, July 16, 2018 City Council Meeting Agenda July 16, 2018 ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. James H. Watson and Others Similarly Situated v. City of Allen, City of Amarillo, City of Arlington, City of Austin, City of Balch Springs, City of Balcones Heights, City of Bastrop, City of Baytown, City of Bedford, City of Burleson, City of Cedar Hill, City of Cleveland, City of Conroe, City of Coppell, City of Corpus Christi, City of Dallas, City of Denton, City of Diboll, City of Duncanville, City of El Paso, City of Elgin, City of Farmers Branch, City of Fort Worth, City of Frisco, City of Garland, City of Grand Prairie, City of Haltom City, City of Humble, City of Hurst, City of Hutto, City of Irving, City of Jersey Village, City of Killeen, City of League City, City of Little Elm, City of Longview, City of Lufkin, City of Magnolia, City of Marshall, City of Mesquite, City of North Richland Hills, City of Plano, City of Port Lavaca, City of Richardson, City of Richland Hills, City of Roanoke, City of Round Rock, City of Southlake, City of Sugar Land, City of Tomball, City of University Park, City of Watauga, City of Willis, Redflex Traffic Systems, Inc., American Traffic Solutions, Inc., American Traffic Solutions, LLC, Xerox State & Local Solutions, Inc., f/k/a ACS State & Local Solutions, Inc., and the State of Texas – Filed 4-28-15 2. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City of Mesquite, Texas; Jack Fyall; Richard Houston; Alan Gafford; Zachary Scott; William Heidelburg; Paul Polish; Joe Baker; Bill Hedgpeth – Filed 8-12-15 City of Mesquite, Texas Page 5 Monday, July 16, 2018 City Council Meeting Agenda July 16, 2018 3. Kavin Rhodes v. Mesquite Police Department, Officers M. B. Winters, D. L. Boykin, J. P. Vassilakos, G. W. Hensley, E. A. Sparling, W. D. Mosley – Filed 1-27-16 4. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing 2017 wholesale rates implemented by the North Texas Municipal Water District, PUC Docket No. 46662 – Filed 12-14-16 5. Scott Damon Richardson v. Darren Marsack and County of Dallas a.k.a., d.b.a. Dallas County, Inc., Dallas, Texas 75042 and John Doe 1 – 5 As yet to be discovered and Jane Doe 1 – 5 As yet to be discovered – Filed 2-6-17 6. Luna Properties LLC & F & M Properties Inc. v. City of Mesquite – Filed 6-8-17 7. Matthew Dunlap v. Jose Alcala and the City of Mesquite – Filed 7-17-17 8. Scott Damon Richardson v. Stephen Crane – Filed 8-10-17 9. Scott Damon Richardson v. Darren Marsack – Filed 8-10-17 10. Christopher Acoff v. City of Mesquite – Filed 8-25-17 11. Mohamed Bedran v. City of Mesquite – Filed 9-26-17 12. Victor Davis v. City of Mesquite and Glenn A. Evans, Individually – Filed 11-9-17 13. TRBP, Limited v. Stan Pickett in his Official Capacity as Mayor of Mesquite; Robert Miklos in his Official Capacity as a City Councilman of Mesquite; Jeff Casper in his Official Capacity as a City Councilman of Mesquite; Bruce Archer in his Official Capacity as a City Councilman of Mesquite; Dan Aleman in his Official Capacity as a City Councilman; Greg Noschese in his Official Capacity as a City Councilman of Mesquite; Tandy Boroughs in his Official Capacity as a City Councilman of Mesquite – Filed 11-30-17 14. Petition of the Cities of Garland, Mesquite, Plano and Richardson appealing 2018 Wholesale Water Rates implemented by North Texas Municipal Water District, PUC Docket No. 47863 (Appealing Wholesale Water Rates for 2018) – Filed 12-15-17 15. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18 16. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem – Filed 3-1-18 17. Ex Parte North Texas Municipal Water District – Filed 5-7-18 18. Leonard Warren v. City of Mesquite – Filed 6-18-18 19. Gregory Von Lee v. City of Mesquite – Filed 6-22-18 Personnel Matters Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office. Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to consider commercial or financial information regarding business prospects or projects. The following subject may be discussed: 22 18-3564 Discuss economic development incentives for a prospective industrial business park in southeast Mesquite. 23 18-3566 Discuss economic development incentives for a prospective business expansion in central Mesquite. 24 18-3571 Consider economic development incentives for a prospect seeking to locate within the Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas. City of Mesquite, Texas Page 6 Monday, July 16, 2018 City Council Meeting Agenda July 16, 2018 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. City of Mesquite, Texas Page 7 Monday, July 16, 2018

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