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City Council

Regular Meeting

Mesquite, TX · August 20, 2018

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, August 20, 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 Sign Code. Staff received Council input and will place an item on a future City Council agenda for consideration. 2 Receive presentation regarding the proposed Iron Horse Development located near the Mesquite Rodeo. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:21 P.M. 3 Receive financial statement for period covering October 1, 2017, through June 30, 2018. Debbie Mol, Director of Finance, presented the financial statement for period covering October 1, 2017, through June 30, 2018. 4 Receive quarterly report from Police Department. Charles Cato, Police Chief, presented the quarterly report for the Mesquite Police Department (MPD). He reviewed the current staffing levels and crime statistics for DWI arrests, residential and commercial burglaries, vehicle thefts, burglary of a vehicle and robberies. He reviewed the beat districts, crime quadrants and performance measures for average response time, communications center, property room, impounds and alarms/false alarms. Chief Cato congratulated the Mesquite Citizens Police Academy Alumni Association (MCPAAA) for recently receiving, for the third time, the “Alumni Membership of the Year” award at the 2018 Texas Citizens Police Academy Alumni Association convention. Chief Cato reviewed several community programs in which the MPD participates. He stated that MPD Crime Prevention is partnering with RING to utilize their new law enforcement portal. MPD will have direct communication with RING users to obtain video footage related to ongoing criminal investigations. City of Mesquite, Texas Page 1 City Council Minutes - Final August 20, 2018 Councilmembers expressed appreciation to Chief Cato and the MPD for their dedication to our community. The work session ended at 6:59 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:08 P.M. INVOCATION John Schelter, Pastor, Our Savior Lutheran Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Veterans Memorial Committee. PRESENTATIONS 6 Recognize Real. Texas. Service. Champions. This item was taken out of order. City Manager Cliff Keheley stated that the Real. Texas. Service. Champions program was created as an opportunity for employees to be recognized for their service to the organization and Mesquite community. A brief video was shown describing each employee's contributions to the City of Mesquite. Mayor Pickett, City Councilmembers and City Manager Cliff Keheley presented Certificates of Appreciation to the following employees in honor of their service to the City of Mesquite: Truman Richardson, Information Technology Department; Albert Juarez, Public Works Department; Heidi Lyon, Parks and Recreation Department; and Tony Douglas, Public Works Department. 5 Presentation of donation from Republic Services to Mesquite Veterans Memorial. Robyn Mota, Municipal Marketing Manager, Republic Services, and Rich Gelowicz, General Manager, Republic Services, presented a $1,000 donation to the Mesquite Veterans Memorial Campaign (MVMC). Mayor Pickett, Randy Lawson, Jackie Frazier, Babette Bradshaw, Lois Buford, Joe Hicks and Ken Burris accepted the check presentation on behalf of the MVMC. SPECIAL ANNOUNCEMENTS (1) Mr. Casper expressed appreciation to the Animal Services staff for their efforts resulting in a very successful “Clear the Shelter” event last Saturday, August 18, 2018. This year, staff invited animal rescue organizations to participate in this adoption event. All animals were adopted except for eight dogs. (2) Mr. Miklos invited residents to attend a Range/Town East II neighborhood meeting on Tuesday, August 21, 2018, at 6:30 p.m., in the Range Elementary School cafeteria. Police Officer Jeremy Wilemon along with his K-9 partner, Axel, will be there to discuss the “National Night Out” event to be held on October 2, 2018. City of Mesquite, Texas Page 2 City Council Minutes - Final August 20, 2018 (3) Mr. Archer stated that he greeted students this morning at Hanby Elementary School as they arrived for the first day of school. He encouraged citizens to get involved in their neighborhood school campuses. (4) Mr. Boroughs stated that he was honored to be a guest judge at Doggie Splash Day last Saturday, August 18, 2018. Everyone enjoyed this fun, family-friendly event. (5) Mr. Boroughs stated that he played golf yesterday and fellow golfers commented that the Mesquite Golf Course is one of the best in the Metroplex. He encouraged citizens to visit the Mesquite Golf Course and play a round of golf. (6) Mr. Aleman stated that he recently attended an ice cream social honoring Mesquite Police Officers and greeted students this morning at Pirrung Elementary School as they arrived for the first day of school. He expressed appreciation for the City of Mesquite and its staff. (7) Mr. Aleman congratulated City Manager Cliff Keheley for recently receiving the Credentialed Manager designation from the International City/County Management Association (ICMA). Mr. Keheley is one of over 1,300 local government management professionals currently credentialed through the ICMA Voluntary Credentialing Program. (8) Mr. Aleman congratulated the members of the Mesquite Citizens’ Police Academy Alumni Association (MCPAAA) for receiving the 2018 Alumni Membership of the Year award from the Texas Citizens Police Academy Alumni Association. (9) Mr. Pickett stated that he recently attended several ribbon cuttings for newly constructed Mesquite Independent School District (MISD) schools and commended MISD for investing in our community. CITIZENS FORUM (1) Debbie David, Mesquite, expressed concerns regarding parking on residential streets. (2) Randy Dawson, 1433 South Belt Line Road, expressed concerns regarding ingress /egress on his business property and that beer and wine sales are not permitted due to the proximity to a nearby school. (3) Mary Bass, Newsom Road and Grand Cayman Way, expressed concerns regarding a resolution recently approved adopting criteria for use in the 2018 districting process. (4) Jimmy Smith, 520 Debra Drive, thanked the Solid Waste Division for the work they do in his neighborhood. (5) Randy Lawson thanked the City Council for their efforts in bringing new businesses to Mesquite. (6) Joe Hicks thanked the City Council and staff for their support of the Mesquite Veterans Memorial. CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese requested that Item No. 12 be removed from the Consent Agenda to be considered separately. Mr. Aleman moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved unanimously. 7 Minutes of the special City Council meetings held July 30, 2018, and July 31, 2018, and the regular City Council meeting held August 6, 2018. Approved on the Consent Agenda. 8 An ordinance amending Chapter 5 of the City Code amending regulations addressing the construction and standards for fences. City of Mesquite, Texas Page 3 City Council Minutes - Final August 20, 2018 Approved on the Consent Agenda. Ordinance No. 4586, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY MAKING CERTAIN DELETIONS AND ADDITIONS UNDER SECTIONS 5-143 AND 5-144 THEREBY AMENDING THE REGULATIONS ADDRESSING THE CONSTRUCTION AND STANDARDS FOR FENCES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4586 recorded in Ordinance Book No. 112.) 9 A resolution authorizing the City Manager to execute and approve the First Amendment to the Project Specific Agreement amending the Master Road and Bridge Interlocal Maintenance Agreement with Dallas County for the purpose of repaving certain specific “Type B” roadways within the City of Mesquite. Approved on the Consent Agenda. Resolution No. 45-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPROVE THE FIRST AMENDMENT TO THE PROJECT SPECIFIC AGREEMENT AMENDING THE MASTER ROAD AND BRIDGE INTERLOCAL MAINTENANCE AGREEMENT WITH DALLAS COUNTY FOR THE PURPOSE OF REPAVING CERTAIN SPECIFIC “TYPE B” ROADWAYS WITHIN THE CITY OF MESQUITE. (Resolution No. 45-2018 recorded in Resolution Book No. 54.) 10 RFP No. 2018-070 - Medical Administrative Services Only (ASO) for Medical and Pharmacy Benefits. (Authorize the City Manager to finalize and execute a Third -Party Administrator Services Agreement with Blue Cross Blue Shield of Texas to provide medical coverage for full-time employees and under age 65 retirees effective January 1, 2019.) Approved on the Consent Agenda. 11 RFP No. 2018-072 - Basic Group Life and Supplemental Life Insurance. (Authorize the City Manager to finalize and execute an application with The Standard effective January 1, 2019, through December 31, 2024.) Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 12 A resolution approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for the City of Mesquite, Texas, Special Assessment Revenue Bonds, Series 2018 (Heartland Town Center Public Improvement District Phase #1 Project) and approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for the City of Mesquite, Texas, Special Assessment Revenue Bonds, Series 2018 (Heartland Town Center Public Improvement District Phase #2 Major Improvement Project), and resolving other matters incident and related thereto. (This item was postponed at the August 6, 2018, City Council meeting). City of Mesquite, Texas Page 4 City Council Minutes - Final August 20, 2018 Mr. Miklos left the meeting. Mr. Noschese moved to approve Resolution No. 46-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR THE CITY OF MESQUITE, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2018 (HEARTLAND TOWN CENTER PUBLIC IMPROVEMENT DISTRICT PHASE #1 PROJECT) AND APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR THE CITY OF MESQUITE, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2018 (HEARTLAND TOWN CENTER PUBLIC IMPROVEMENT DISTRICT PHASE #2 MAJOR IMPROVEMENT PROJECT); AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. Motion was seconded by Mr. Aleman. 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. 46-2018 recorded in Resolution Book No. 54.) END OF CONSENT AGENDA PUBLIC HEARINGS 13 Conduct a public hearing to receive citizen input on the proposed 2018-19 budget. Mr. Miklos entered the meeting. A public hearing was held to receive citizen input on the proposed 2018-19 budget. Debbie Mol, Director of Finance, stated that this is the second of three public hearings for the proposed 2018-19 budget. The third and final public hearing will be held at the September 4, 2018, City Council meeting. The following persons spoke regarding the proposed 2018-19 budget: (1) Julie Shelton, 631 Snapdragon Trail; (2) Debbie David, Mesquite and (3) Mary Bass, Newsome & Grand Cayman. No others appeared regarding the proposed 2018-19 budget. 14 Conduct a public hearing regarding the proposed 2018-19 ad valorem tax rate of $0.734 per $100 valuation. A public hearing was held regarding the proposed 2018-19 ad valorem tax rate of $0.734 per $100 valuation. Mayor Pickett stated that the maximum ad valorem tax rate has been set at $0.734 per $100 valuation, which is an increase due to the voters approval of a $125 million street bond issuance at the November 3, 2015, Special Election. No one appeared regarding the proposed 2018-19 ad valorem tax rate of $0.734 City of Mesquite, Texas Page 5 City Council Minutes - Final August 20, 2018 per $100 valuation. Mayor Pickett announced "The City Council will vote on the proposed ad valorem tax rate for Fiscal Year 2018-19 on September 17, 2018, at 7:00 p.m., in the City Council Chamber at Mesquite City Hall, 757 North Galloway, Mesquite, Texas." 15 A. Conduct a public hearing to receive citizen input regarding the juvenile curfew ordinance. B. Consider an ordinance finding that the juvenile curfew Ordinance No. 2996 has had a positive effect on the community and on the problems the ordinance was intended to remedy and the Council has found there is a need to continue and readopt the ordinance as authorized by law. A public hearing was held to receive input regarding the juvenile curfew ordinance. Charles Cato, Police Chief, stated that State law requires the ordinance to be reviewed every three years. During the past year, 49 citations were issued and six individuals were arrested due to violation of the ordinance. Chief Cato recommends the continuance of the ordinance as it has proven to be beneficial to protect juveniles. No on appeared regarding the juvenile curfew ordinance. Mr. Boroughs moved to approve Ordinance No. 4587, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, FINDING THAT THE JUVENILE CURFEW ORDINANCE NO. 2996 HAS HAD A POSITIVE EFFECT ON THE COMMUNITY AND ON THE PROBLEMS THE ORDINANCE WAS INTENDED TO REMEDY; AND THE COUNCIL HAS FOUND THERE IS A NEED TO CONTINUE AND READOPT THE ORDINANCE AS AUTHORIZED BY LAW. (Ordinance No. 4587 recorded in Ordinance Book No. 112.) 16 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote economic development and stimulate business and commercial activity in the City and authorizing the City Manager to finalize and execute an agreement for such purposes with G-MAN Properties, LLC, Gardner Telecommunications, LLC, and The Pickle Juice Company, LLC, for a proposed new industrial development at 3601 Innovative Way, Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City. A public hearing was held to consider a Chapter 380 agreement with G-MAN Properties, LLC, (G-MAN) Gardner Telecommunications, LLC, (GTI) and The Pickle Juice Company, LLC, regarding a proposed new industrial development at 3601 Innovative Way, Mesquite, Texas. Kim Buttram, Assistant Director of Economic Development, stated that G-MAN is proposing 100,000 square feet of new industrial space to be constructed on an 8.7-acre tract. GTI, a telecom and fiber optic provider, was founded in 1997 in Mesquite and has been located at 555 South Town East Boulevard since 2008. The proposed 8.7-acre project is adjacent to the current GTI facility and will provide 33,000 square feet for company expansion, 33,000 square feet for the relocation and expansion of The Pickle Juice Company and provide an additional 33,000 square feet available for commercial lease space. The proposed incentive payments will be based on 50 percent of City of Mesquite ad City of Mesquite, Texas Page 6 City Council Minutes - Final August 20, 2018 valorem taxes for a period of five years, not to exceed $200,000 and the project will create a minimum of 25 new jobs by December 31, 2019. Steve Gardner, President of G-MAN, stated GTI produces over $30 million in revenue annually, The Pickle Juice Company produces $2.5 million annually and G-MAN produces $800,000 annually with new tenant opportunities in the proposed project. Mr. Miklos moved to postpone consideration of a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote economic development and stimulate business and commercial activity in the City and authorizing the City Manager to finalize and execute an agreement for such purposes with G-MAN Properties, LLC, Gardner Telecommunications, LLC, and The Pickle Juice Company, LLC, for a proposed new industrial development at 3601 Innovative Way, Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City to the September 4, 2018, City Council meeting. Motion was seconded by Mr. Noschese and approved unanimously. 17 Conduct a public hearing and consider an ordinance for Application No . Z0518-0034, submitted by Patrick Roffino, Roffino Construction, to amend Planned Development Ordinance No. 2042 to allow additional uses on property located at 5115 N. Galloway Avenue. (Five responses in favor and one response in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application with certain stipulations.) A public hearing was held for Application No. Z0518-0034. Jeff Armstrong, Director of Planning and Development Services, stated there are two multi-tenant buildings, with each tenant space owned separately, located at the southwest corner of Galloway Avenue and IH-635. The applicant has requested an amendment to allow additional uses to include retail such as clothing, cell phone and eyeglass sales, beauty salons, computer repair stores and live/work units. Applicant Patrick Roffino stated that three of the units are empty and he is seeking additional uses to make the property more desirable for tenants. David Roffino, 2103 Briarwick, Richardson, spoke in favor of the application. No others appeared regarding the proposed application. Mr. Miklos moved to approve Application No. Z0518-0034, as recommended by the Planning and Zoning Commission, with the following stipulations, adding Stipulation No. 4 and an additional provision under Stipulation No. 5, as follows: 1. In addition to uses permitted in the Office zoning district, the following uses shall be permitted. a. Retail to include stores that provide clothing, cell phone and eyeglass sales only b. Computer repair c. Beauty salon d. Live/work unit: Units shall be retrofitted to meet the requirements of a dwelling City of Mesquite, Texas Page 7 City Council Minutes - Final August 20, 2018 unit including living, sleeping, kitchen and bathroom facilities. 2. Site Plan review by the Development Review Committee for the parking lot expansion is required prior to the issuance of a Certificate of Occupancy (CO) for a new use, approved as part of the amendment. 3. All parking must be in place prior to the issuance of a CO for a new use approved as part of the amendment. 4. The screening wall separating the subject property from the residential uses southwest shall be maintained in an orderly and neat appearance at all times. 5. A live/work unit is defined as: • A single commercial unit consisting of a commercial and residential component. • The commercial and residential space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately. • The unit is intended to function predominately as work space with incidental residential accommodations that meet basic habitability requirements including living, kitchen and bathroom facilities. • The live/work unit shall be required to provide parking based on each specific use, in accordance with the Mesquite Zoning Ordinance. • The commercial function may be located anywhere in the unit, provided that there is internal access between the residential and commercial space. • A floor plan is required at the time of site plan review. The commercial and residential component as designated on the floor plan and approved as part of the site plan shall remain commercial or residential and cannot be converted unless a new site plan is approved. • The percentage of residential floor area versus the commercial retail floor area cannot exceed 50 percent of the floor area for the entire work/live unit. And to approve Ordinance No. 4588, 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 AMENDING THE CURRENT PLANNED DEVELOPMENT – OFFICE STIPULATIONS APPROVED IN ORDINANCE NO. 2042 THEREBY ALLOWING ADDITIONAL USES, INCLUDING BEAUTY SALONS, COMPUTER REPAIR STORES, RETAIL (CLOTHING, CELL PHONES AND EYE GLASSES) AND ALLOWING THE OWNER/TENANT OF A SUITE TO LIVE IN A PORTION OF THE SUITE AS A LIVE/WORK UNIT ON PROPERTY LOCATED AT 5115 NORTH GALLOWAY AVENUE, SUITES 202, 204, 301, 302 AND 303; 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. Noschese and approved unanimously. (Ordinance No. 4588 recorded in Ordinance Book No. 112.) 18 Conduct a public hearing for Application No. Z0618-0049, submitted by Maxwell Fisher of MasterPlan, for a change of zoning from Commercial to Planned Development-Commercial to allow pawnshops as a permitted use, located at 3711 Gus Thomasson. (No responses in favor or opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends denial of the application.) Mr. Noschese moved to postpone consideration of Application No. Z0618-0049, submitted by Maxwell Fisher of MasterPlan, for a change of zoning from Commercial to Planned Development-Commercial to allow pawnshops as a permitted use, located at 3711 Gus Thomasson to the September 17, 2018, City City of Mesquite, Texas Page 8 City Council Minutes - Final August 20, 2018 Council meeting. Motion was seconded by Mr. Aleman and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:43 P.M. Mr. Miklos left the meeting. 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 Nos. 19 and 20); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:54 p.m., the City Council reconvened in Open Session. See Agenda Item Nos. 19 and 20 for executive action taken. 19 Conduct a public hearing and consider an ordinance for Application No . Z0718-0056, submitted by Trevor Kollinger on behalf of CADG Kaufman 146, for a change of zoning from Agricultural to General Retail to allow any use permitted in the General Retail zoning district, located at the southeast corner of Interstate Highway 20 and FM 741. (No responses in favor or opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application.) A public hearing was held for Application No. Z0718-0056. Jeff Armstrong, Director of Planning and Development Services, stated that there are deed restrictions on the property, which was annexed in July 2018. No one appeared regarding the proposed application. Mr. Noschese moved to approve Application No. Z0718-0056, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4589, AN 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 AGRICULTURE TO GENERAL RETAIL ON PROPERTY DESCRIBED AS APPROXIMATELY 25.464 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF IH-20 AND FM 741 ROAD IN THE CITY OF MESQUITE, KAUFMAN COUNTY, TEXAS, THEREBY ALLOWING USES ALLOWED BY RIGHT IN THE GENERAL RETAIL ZONING DISTRICT; 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. 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 City of Mesquite, Texas Page 9 City Council Minutes - Final August 20, 2018 Motion carried. (Ordinance No. 4589 recorded in Ordinance Book No. 112.) 20 Conduct a public hearing to consider testimony regarding the proposed assessments to be levied against assessable property within the Heartland Town Center Public Improvement District, pursuant to the provisions of Chapter 372 of the Texas Local Government Code. The property is approximately 121.282 acres of vacant land situated in the Martha Music Survey, Abstract Number 312, in Kaufman County, Texas, and is generally located south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway, within the extraterritorial jurisdiction of the City of Mesquite. A public hearing was held to consider testimony regarding the proposed assessments to be levied against assessable property within the Heartland Town Center Public Improvement District, pursuant to the provisions of Chapter 372 of the Texas Local Government Code. Ted Chinn, Managing Director of Financial Services, stated that the public hearing is required by State law to receive any written or oral objections to the proposed assessments and requested the public hearing be kept open until the September 4, 2018, City Council meeting. No one appeared regarding the proposed assessments. Mr. Aleman moved to continue the public hearing to consider testimony regarding the proposed assessments to be levied against assessable property within the Heartland Town Center Public Improvement District, pursuant to the provisions of Chapter 372 of the Texas Local Government Code to the September 4, 2018, City Council meeting. Motion was seconded by Mr. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Casper, Pickett, Archer, Noschese, Boroughs Nayes: None Abstentions: Miklos Motion carried. OTHER BUSINESS 21 Consider scheduling a special City Council meeting for Monday, August 27, 2018, at 6:00 p.m., to discuss the process and criteria for transitioning the system for electing the City’s six councilmembers to a single member district system and to conduct a plan drawing session to develop illustrative districting plan(s). Mr. Miklos entered the meeting. Mr. Archer moved to schedule a special City Council meeting for Monday, August 27, 2018, at 6:00 p.m., to discuss the process and criteria for transitioning the system for electing the City’s six councilmembers to a single member district system and to conduct a plan drawing session to develop illustrative districting plan(s). Motion was seconded by Mr. Casper and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 9:04 P.M. City of Mesquite, Texas Page 10 City Council Minutes - Final August 20, 2018 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 (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 9:27 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Aleman moved to adjourn the meeting. Motion was seconded by Mr. Noschese and approved unanimously. The meeting adjourned at 9:27 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 11

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, August 20, 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 18-3598 Receive briefing regarding the Sign Code. 2 18-3623 Receive presentation regarding the proposed Iron Horse Development located near the Mesquite Rodeo. Attachments: Concept Plan 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 3 18-3607 Receive financial statement for period covering October 1, 2017, through June 30, 2018. Attachments: June 30, 2018 Financial Statements June 30, 2018 Financial Statement Overview 4 18-3588 Receive quarterly report from Police Department. Attachments: Police Department Overview REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION John Schelter, Pastor, Our Savior Lutheran Church, Mesquite, Texas. City of Mesquite, Texas Page 1 Monday, August 20, 2018 City Council Meeting Agenda August 20, 2018 PLEDGE OF ALLEGIANCE Members of the Mesquite Veterans Memorial Committee. PRESENTATIONS 5 18-3606 Presentation of donation from Republic Services to Mesquite Veterans Memorial. 6 18-3587 Recognize Real. Texas. Service. Champions. 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.) 7 18-3605 Minutes of the special City Council meetings held July 30, 2018, and July 31, 2018, and the regular City Council meeting held August 6, 2018. Attachments: 07.30.2018 07.31.2018 08.06.2018m 8 18-3604 An ordinance amending Chapter 5 of the City Code amending regulations addressing the construction and standards for fences. Attachments: Ordinance - Fences 9 18-3622 A resolution authorizing the City Manager to execute and approve the First Amendment to the Project Specific Agreement amending the Master Road and Bridge Interlocal Maintenance Agreement with Dallas County for the purpose of repaving certain specific “Type B” roadways within the City of Mesquite. Attachments: Resolution - First Amend to PSA 10 18-3619 RFP No. 2018-070 - Medical Administrative Services Only (ASO) for Medical and Pharmacy Benefits. City of Mesquite, Texas Page 2 Monday, August 20, 2018 City Council Meeting Agenda August 20, 2018 (Authorize the City Manager to finalize and execute a Third-Party Administrator Services Agreement with Blue Cross Blue Shield of Texas to provide medical coverage for full-time employees and under age 65 retirees effective January 1, 2019.) Attachments: Criteria Evaluation Analysis of Proposals 11 18-3620 RFP No. 2018-072 - Basic Group Life and Supplemental Life Insurance. (Authorize the City Manager to finalize and execute an application with The Standard effective January 1, 2019, through December 31, 2024.) Attachments: Criteria Evaluation Marketing Analysis 12 18-3613 A resolution approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for the City of Mesquite, Texas, Special Assessment Revenue Bonds, Series 2018 (Heartland Town Center Public Improvement District Phase #1 Project) and approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for the City of Mesquite, Texas, Special Assessment Revenue Bonds, Series 2018 (Heartland Town Center Public Improvement District Phase #2 Major Improvement Project), and resolving other matters incident and related thereto. (This item was postponed at the August 6, 2018, City Council meeting). Attachments: Resolution - Heartland PLOM Phase #1 Project PLOM Phase #2 Major Improvement Project PLOM PUBLIC HEARINGS 13 18-3616 Conduct a public hearing to receive citizen input on the proposed 2018-19 budget. 14 18-3608 Conduct a public hearing regarding the proposed 2018-19 ad valorem tax rate of $0.734 per $100 valuation. 15 18-3602 A. Conduct a public hearing to receive citizen input regarding the juvenile curfew ordinance. B. Consider an ordinance finding that the juvenile curfew Ordinance No. 2996 has had a positive effect on the community and on the problems the ordinance was intended to remedy and the Council has found there is a need to continue and readopt the ordinance as authorized by law. Attachments: Ordinance - Curfew 16 17-3082 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote City of Mesquite, Texas Page 3 Monday, August 20, 2018 City Council Meeting Agenda August 20, 2018 economic development and stimulate business and commercial activity in the City and authorizing the City Manager to finalize and execute an agreement for such purposes with G-MAN Properties, LLC, Gardner Telecommunications, LLC, and The Pickle Juice Company, LLC, for a proposed new industrial development at 3601 Innovative Way, Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Executive Summary Resolution - GMAN 17 18-3601 Conduct a public hearing and consider an ordinance for Application No. Z0518-0034, submitted by Patrick Roffino, Roffino Construction, to amend Planned Development Ordinance No. 2042 to allow additional uses on property located at 5115 N. Galloway Avenue. (Five responses in favor and one response in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application with certain stipulations.) Attachments: Case Summary Staff Report & Maps P & Z Minutes Ordinance - Z0518-0034 18 18-3600 Conduct a public hearing for Application No. Z0618-0049, submitted by Maxwell Fisher of MasterPlan, for a change of zoning from Commercial to Planned Development-Commercial to allow pawnshops as a permitted use, located at 3711 Gus Thomasson. (No responses in favor or opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends denial of the application.) Attachments: Case Summary Staff report & maps P & Z mintues 19 18-3603 Conduct a public hearing and consider an ordinance for Application No. Z0718-0056, submitted by Trevor Kollinger on behalf of CADG Kaufman 146, for a change of zoning from Agricultural to General Retail to allow any use permitted in the General Retail zoning district, located at the southeast corner of Interstate Highway 20 and FM 741. (No responses in favor or opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application.) City of Mesquite, Texas Page 4 Monday, August 20, 2018 City Council Meeting Agenda August 20, 2018 Attachments: Case Summary Staff Report & Maps P&Z Minutes Deed Restrictions Ordinance - Z0718-0056 20 18-3617 Conduct a public hearing to consider testimony regarding the proposed assessments to be levied against assessable property within the Heartland Town Center Public Improvement District, pursuant to the provisions of Chapter 372 of the Texas Local Government Code. The property is approximately 121.282 acres of vacant land situated in the Martha Music Survey, Abstract Number 312, in Kaufman County, Texas, and is generally located south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway, within the extraterritorial jurisdiction of the City of Mesquite. Attachments: Resolution No. 41-2018 OTHER BUSINESS 21 18-3609 Consider scheduling a special City Council meeting for Monday, August 27, 2018, at 6:00 p.m., to discuss the process and criteria for transitioning the system for electing the City’s six councilmembers to a single member district system and to conduct a plan drawing session to develop illustrative districting plan(s). 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 Mesquite, Texas Page 5 Monday, August 20, 2018 City Council Meeting Agenda August 20, 2018 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 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. City of Mesquite, Texas Page 6 Monday, August 20, 2018 City Council Meeting Agenda August 20, 2018 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 18-3624 Consider economic development incentives for a prospect seeking to locate within the Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas. 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, August 20, 2018

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