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City Council

Regular Meeting

Mesquite, TX · November 19, 2018

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, November 19, 2018 4:30 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 - 4:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding upcoming Tax Increment Finance Reinvestment Zone (TIRZ) activity for the Rodeo City TIRZ No. One, Falcon’s Lair TIRZ No. Four and Ridge Ranch TIRZ No. Five. 2 Receive report and presentation regarding redistricting including a discussion regarding the illustrative redistricting plan and alternate plan(s). It was Council consensus to remove the revised redistricting plan #2 from Council consideration. 3 Receive presentation regarding results of 2018 Community Attitude and Satisfaction Survey. 4 Receive briefing regarding the potential donation of properties located at 3000 Lawson Road in Dallas County, TX; 7501 Shannon Loop, 7505 Shannon Loop, 7506 Shannon Loop, 7507 Shannon Loop and 1301 Malloy Bridge Road in Seagoville, TX. Council directed staff to move forward with the property donation process. 5 Receive briefing regarding the potential donation of property located at 2920 Gus Thomasson Road. Council directed staff to move forward with the property donation process. 6 Receive briefing regarding the potential donation of property located at 300 West Cartwright Road in Mesquite, Texas. Council directed staff to move forward with the property donation process. 7 Discuss a moratorium regarding multi-family residential development. Council directed staff to move forward with the moratorium process. City of Mesquite, Texas Page 1 City Council Minutes - Final November 19, 2018 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Dr. E. Jones Doughton, Pastor, First Presbyterian Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Downtown Mesquite Business Owners. PRESENTATIONS 8 Presentation of a plaque to Sheila Lynn in recognition of her service as a member of the Parks and Recreation Advisory Board and Tree Board. Mayor Pickett presented a plaque to Sheila Lynn in recognition of her service as a member of the Parks and Recreation Advisory Board and Tree Board from February 2016 to October 2018. SPECIAL ANNOUNCEMENTS (1) Mr. Archer invited citizens to attend the tree lighting at 6:15 p.m., in Heritage Square, to kick off the annual Christmas on the Square event on Tuesday, November 27, 2018, from 6:00 p.m. to 8:00 p.m. Activities include pictures with Santa, live music, a performance by the Stage Door Dancers, free craft activities, cookies, hot chocolate and much more. (2) Mr. Archer thanked everyone, who will not be able to take off work on Thanksgiving Day, for their service to our community. (3) Mr. Casper stated that although we are making progress, vehicle break -ins continue to be an issue. Forty percent of all vehicle crimes involve a car being left unlocked. He reminded citizens to TAKE your keys, LOCK your car and HIDE your things this holiday season. Don’t be a victim of opportunity. (4) Mr. Miklos stated that the Mesquite Police Department has launched the Santa Cop Program which provides more than 600 children in our community with a Christmas. The program is funded 100 percent by local donations. He asked citizens to drop off an unwrapped toy at the police department by Wednesday, December 12, 2018. Also, the Santa Cop Toy Parade will take place on Saturday, December 1, 2018, at First United Methodist Church, from 9:00 a.m. to 2:00 p.m. Citizens are encouraged to stop by and drop off a toy. (5) Mr. Miklos stated that he recently visited several historical sites in Pennsylvania. He stated that today is the 155th anniversary of President Abraham Lincoln delivering his Gettysburg Address at the dedication of the Soldiers’ National Cemetery. (6) Mr. Boroughs invited citizens to the 32nd Annual Christmas in the Park event at Westlake Park, 600 Gross Road, on Saturday, December 1, 2018, and Sunday, December 2, 2018, from 1:00 p.m. to 7:00 p.m. Activities include a new Candy Land Express train ride, Rudolph Reindeer games, Winter Woodland Village crafts and many more family friendly activities. Parking and admission are free. (7) Mr. Boroughs announced that the Mesquite AMBUCS will host a Pancake Brunch with Santa at Evans Senior Center, 1116 Hillcrest Street, on Saturday, December 1, 2018, from 11:00 a.m. to 1:00 p.m. All proceeds benefit AMBUCS which provides amtrykes to mobility challenged individuals. (8) Mr. Aleman wished everyone a Happy Thanksgiving. Since children are out of school this week, he encouraged citizens to slow down and “Drive Like Your Family Lives Here.” City of Mesquite, Texas Page 2 City Council Minutes - Final November 19, 2018 (9) Mr. Aleman stated that he visited several elementary schools last week and read to children in support of the Mesquite Independent School District’s (MISD) Read Play Talk initiative. He also recognized MISD School Board Trustee Robert Seward who was in attendance tonight. (10) Mr. Aleman congratulated Director of Library Services Virginia Mundt for receiving a significant increase in satisfaction in six out of nine categories in the 2018 Community Attitude and Satisfaction Survey. (11) Mr. Noschese stated that NubAbility Athletics, a non-profit organization for limb-different students and young adults, held their fall camp at West Mesquite High School and Frasier Middle School this past weekend. Donations were made by many organizations including Bubba ’s 33, Whataburger, Panera Bread, City of Mesquite and MISD. He thanked the community for making the camp a success. (12) Mr. Noschese stated that Saturday, November 24, 2018, is National Small Business Saturday. Special activities will take place in Downtown Mesquite, from 9:00 a.m. to 2:00 p.m., including the Mesquite Marketplace. (13) Mr. Pickett reminded citizens that the City is in the process of revising the Mesquite Comprehensive Plan which is a very important planning tool for City staff and the City Council. Issues such as future land use, transportation and neighborhoods will be addressed. He invited citizens to participate by completing a survey on the City’s website by Friday, November 30, 2018. CITIZENS FORUM (1) Elizabeth Walley, 1112 Siebold Court, expressed concerns regarding maintenance of apartments and opposition to a moratorium on apartments. (2) Janice Bell, 1508 Jessica Lane, expressed concerns regarding maintenance of apartments. (3) Bryan Odom, 1330 Buena Vista; Millie Arnold, 2206 Luau St.; Teia Collier, 1420 Hermitage Street; and Audrey Carter, 205 Woodbridge Way, expressed support for a moratorium on apartments. CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 9 Minutes of the regular City Council meeting held November 5, 2018. Approved on the Consent Agenda. 10 An ordinance amending Ordinance No. 4610, by deleting Exhibit “C” and adding a new Exhibit “C,” and by amending Section 9, thereby revising the pay plan for commissioned Police and Fire personnel of the City, effective January 1, 2019. Approved on the Consent Agenda. Ordinance No. 4624, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING ORDINANCE NO. 4610, BY DELETING EXHIBIT “C” AND ADDING A NEW EXHIBIT “C,” AND BY AMENDING SECTION 9, THEREBY REVISING THE PAY PLAN FOR COMMISSIONED POLICE AND FIRE PERSONNEL OF THE CITY EFFECTIVE JANUARY 1, 2019; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4624 recorded in Ordinance Book No. 113.) City of Mesquite, Texas Page 3 City Council Minutes - Final November 19, 2018 11 A resolution adopting the 2019 City of Mesquite Legislative Program. Approved on the Consent Agenda. Resolution No. 64-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING THE 2019 LEGISLATIVE PROGRAM FOR THE CITY OF MESQUITE, TEXAS; DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO ACT WITH REGARD TO THE CITY’S LEGISLATIVE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 64-2018 recorded in Resolution Book No. 55.) 12 A resolution authorizing the Mayor to execute the 2018 Homeland Security Grant Sub-Recipient Agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency in the amount of $143,713.30 and designating the Fire Chief as the responsible officer for the purpose of signing all subordinate documents associated with these grants. Approved on the Consent Agenda. Resolution No. 65-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE 2018 HOMELAND SECURITY GRANT SUB-RECIPIENT AGREEMENTS WITH THE OFFICE OF THE GOVERNOR, TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY IN THE AMOUNT OF $143,713.30; AND DESIGNATING THE FIRE CHIEF AS THE RESPONSIBLE OFFICER FOR THE PURPOSE OF SIGNING ALL SUBORDINATE DOCUMENTS ASSOCIATED WITH THESE GRANTS. (Resolution No. 65-2018 recorded in Resolution Book No. 55.) 14 A resolution setting a public hearing under Chapter 311 of the Texas Tax Code to consider terminating the Falcon’s Lair Tax Increment Finance Reinvestment Zone Number Four, City of Mesquite, Texas, and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Approved on the Consent Agenda. Resolution No. 66-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SETTING A PUBLIC HEARING UNDER CHAPTER 311 OF THE TEXAS TAX CODE TO CONSIDER TERMINATING THE FALCON’S LAIR TAX INCREMENT FINANCE REINVESTMENT ZONE NUMBER FOUR, CITY OF MESQUITE, TEXAS (THE “ZONE”) AND DISSOLVING THE BOARD OF DIRECTORS AND TAX INCREMENT FUND FOR THE ZONE, AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF MESQUITE, TEXAS, REGARDING THE PUBLIC HEARING. (Resolution No. 66-2018 recorded in Resolution Book No. 55.) 15 A resolution setting a public hearing under Chapter 311 of the Texas Tax Code to consider terminating the Ridge Ranch Tax Increment Finance Reinvestment Zone No. Five, City of Mesquite, Texas, and dissolving the Board of Directors and Tax Increment Fund for the Zone, and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Approved on the Consent Agenda. Resolution No. 67-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SETTING A PUBLIC HEARING UNDER CHAPTER 311 OF THE TEXAS TAX CODE TO CONSIDER TERMINATING THE RIDGE RANCH TAX INCREMENT FINANCE REINVESTMENT ZONE NO. FIVE, CITY OF MESQUITE, City of Mesquite, Texas Page 4 City Council Minutes - Final November 19, 2018 TEXAS (THE “ZONE”), AND DISSOLVING THE BOARD OF DIRECTORS AND TAX INCREMENT FUND FOR THE ZONE; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF MESQUITE, TEXAS, REGARDING THE PUBLIC HEARING. (Resolution No. 67-2018 recorded in Resolution Book No. 55.) 17 Bid No. 2019-028 - Annual Parts for International Trucks. (Staff recommends award to sole source provider Southwest International Trucks, Inc., in the amount of $130,000.00.) Approved on the Consent Agenda. 18 Bid No. 2019-035 - Purchase of Five Heavy Duty Trucks. (Staff recommends award to MHC Kenworth in Dallas, Texas, through BuyBoard Contract No. 521-16, in the amount of $649,149.88.) Approved on the Consent Agenda. 19 Authorize the City Manager to finalize and execute an Interlocal Agreement with the Dallas County Community College District on behalf of El Centro College and the City of Mesquite on behalf of the Mesquite Fire Department (MFD) for the MFD to provide internship ambulance shifts for medical students of the College. Approved on the Consent Agenda. 20 Authorize the City Manager to finalize and execute an amendment to a contract with Prime Time Group, Inc., for right-of-way acquisition consulting services in the amount of $25,000.00. Approved on the Consent Agenda. 21 Authorize the City Manager to finalize and execute a change order with Oldcastle Materials Texas, Inc., dba TexasBit, for additional asphalt materials in the amount of $12,000.00. Approved on the Consent Agenda. 22 Authorize an increase in the fee agreement between the City and Bickerstaff Heath Delgado Acosta LLP for legal and GIS services provided in connection with redistricting the City into six single member districts in the amount not to exceed an additional $18,000.00, for a total contract amount not to exceed $68,000.00, and authorize the City Attorney to execute a supplemental agreement to the original fee agreement in connection therewith. Approved on the Consent Agenda. 23 Approve Amendment No. 2 to the 2018-19 Police Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter 59 of the Texas Code of Criminal Procedures in the amount of $15,500.00. Approved on the Consent Agenda. City of Mesquite, Texas Page 5 City Council Minutes - Final November 19, 2018 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 13 A resolution setting a public hearing under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas (“the Zone”), enlarging the boundaries and increasing the geographic area of the Zone to include a tract of land consisting of approximately 28.0016 acres and being generally located at the northeast corner of New Market Road and Rodeo Center Boulevard in the corporate limits of the City of Mesquite, Texas; extending the term of the Zone for an additional thirty-one years to expire December 31, 2049; increasing the total estimated project costs for the Zone and amending the composition of the Board of Directors for the Zone; and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Mr. Casper moved to approve Resolution No. 68-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SETTING A PUBLIC HEARING UNDER CHAPTER 311 OF THE TEXAS TAX CODE TO CONSIDER APPROVING AN AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR MESQUITE RODEO CITY REINVESTMENT ZONE NUMBER ONE, CITY OF MESQUITE, TEXAS (THE “ZONE”), ENLARGING THE BOUNDARIES AND INCREASING THE GEOGRAPHIC AREA OF THE ZONE TO INCLUDE A TRACT OF LAND CONSISTING OF APPROXIMATELY 28.0016 ACRES AND BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF NEW MARKET ROAD AND RODEO CENTER BOULEVARD IN THE CORPORATE LIMITS OF THE CITY OF MESQUITE, TEXAS, EXTENDING THE TERM OF THE ZONE FOR AN ADDITIONAL THIRTY-ONE YEARS TO EXPIRE DECEMBER 31, 2049, INCREASING THE TOTAL ESTIMATED PROJECT COSTS FOR THE ZONE AND AMENDING THE COMPOSITION OF THE BOARD OF DIRECTORS FOR THE ZONE; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF MESQUITE, TEXAS, REGARDING THE PUBLIC HEARING. Motion was seconded by Mr. Archer. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Archer, Pickett, Aleman, Noschese, Boroughs Nayes: None Abstentions: Miklos Motion carried. (Resolution No. 68-2018 recorded in Resolution Book No. 55.) 16 A resolution authorizing the City Manager to finalize and execute a development agreement with MM Mesquite 50, LLC, regarding the development of approximately 56.11 acres of land generally located north of Rodeo Drive, south of Scyene Road (also known as Highway 352), east of Stadium Drive and west of Rodeo Center Boulevard within the corporate limits of the City of Mesquite, Texas, as a mixed use development consisting of retail, restaurant, office, residential components and other associated uses, and being commonly referred to as “Iron Horse Village”; authorizing the City Manager to take such actions and execute such documents as are necessary to consummate the transactions contemplated by the agreement and authorizing the City Manager to administer the agreement on behalf of the City. Mr. Casper moved to approve Resolution No. 69-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY City of Mesquite, Texas Page 6 City Council Minutes - Final November 19, 2018 MANAGER TO FINALIZE AND EXECUTE A DEVELOPMENT AGREEMENT WITH MM MESQUITE 50, LLC, REGARDING THE DEVELOPMENT OF APPROXIMATELY 56.11 ACRES OF LAND GENERALLY LOCATED NORTH OF RODEO DRIVE, SOUTH OF SCYENE ROAD (ALSO KNOWN AS HIGHWAY 352), EAST OF STADIUM DRIVE AND WEST OF RODEO CENTER BOULEVARD WITHIN THE CORPORATE LIMITS OF THE CITY OF MESQUITE, TEXAS, AS A MIXED USE DEVELOPMENT CONSISTING OF RETAIL, RESTAURANT, OFFICE, RESIDENTIAL COMPONENTS AND OTHER ASSOCIATED USES, AND BEING COMMONLY REFERRED TO AS “IRON HORSE VILLAGE”; AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Boroughs, Pickett, Archer, Aleman, Noschese Nayes: Casper Abstentions: Miklos Motion carried. (Resolution No. 69-2018 recorded in Resolution Book No. 55.) END OF CONSENT AGENDA PUBLIC HEARINGS 24 A. Conduct a public hearing to receive and discuss public input and comments on redistricting, the proposed illustrative redistricting plan and alternate plan(s). B. Consideration and possible action to revise the designated illustrative redistricting plan and/or propose a final redistricting plan for a vote and final adoption at the December 3, 2018, City Council meeting. A public hearing was held to receive and discuss public input and comments on redistricting, the proposed illustrative redistricting plan and alternate plan(s). Mayor Pickett announced that during tonight’s Pre-Meeting, the City Council reached a consensus to not consider the revised redistricting plan #2 that was presented at the November 5, 2018, Pre-Meeting. Gunnar Seaquist, representing Bickerstaff Heath Delgado Acosta, LLP, stated that the City Council worked collaboratively to develop an illustrative plan for single-member districts. A new plan was submitted today by Henry Brown, representing the Mesquite NAACP. Mr. Seaquist reviewed the differences between the illustrative plan and Mr. Brown’s plan as well as a small increase in deviation between the districts. Henry Brown, 211 Athel, stated that the Mesquite NAACP Board prepared the presented map in regards to the future development of IH-20 and adjusted the boundaries between Districts 5 and 6 accordingly. Mr. Miklos stated that he preferred to keep neighborhoods together and the new map divides a neighborhood. (1) Elizabeth Walley, 1112 Siebold Court, requested the district numbers be City of Mesquite, Texas Page 7 City Council Minutes - Final November 19, 2018 renumbered from north to south. (2) Ron Ward, 430 Running Brook Lane, expressed opposition to the revised plan which the Council chose to remove from consideration and requested that no gerrymandering of districts take place. No others appeared regarding the proposed illustrative plan and revised plan. Mayor Pickett stated that the City Council will consider action at the December 3, 2018, City Council meeting. 25 Conduct a public hearing and consider an ordinance for Application No . Z1018-0069, submitted by Petitt Barraza, LLC, on behalf of DR Horton - Texas, Ltd., for a change of zoning from Agriculture to Planned Development -Single Family Residential to allow a single family subdivision, on approximately 110.971 acres located south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway. (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.) A public hearing was held for Application No. Z1018-0069. Garrett Langford, Manager of Planning and Zoning, stated that DR Horton is proposing a 450-lot single-family residential subdivision, known as "Trailwind", near the southeast corner of IH-20 and FM 741. The subject property was annexed by the City of Mesquite in October 2018. A development agreement was approved by the City Council, per Resolution No. 20-2018, for this property on April 2, 2018, and the proposed rezoning is part of the development agreement requirements. Mr. Langford stated that the applicant has requested a revised right-of-way width from 65 feet to 50 feet with a pavement width of 31 feet. The development standards language has been updated to be consistent with the City’s zoning ordinance and that the applicant will submit a Traffic Impact Analysis. Mr. Langford explained that there will not be a dedicated City park in the proposed development; however, the developer will construct a playground and six-foot wide walking trails with open space. (1) Fernando Rojas, 2423 Lagoon Drive, expressed opposition to the proposed subdivision and requested additional studies be performed prior to approval. (2) Susie Hess, 2905 Clearwater Drive, requested clarification of where the proposed subdivision will be located and expressed traffic concerns. No others appeared regarding the application. Mr. Miklos moved to approve Application No. Z1018-0069 and to approve Ordinance No. 4625, 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 PLANNED DEVELOPMENT – SINGLE FAMILY RESIDENTIAL ON PROPERTY DESCRIBED AS BEING APPROXIMATELY 110.971 ACRES LOCATED SOUTH OF IH-20, EAST OF FM 741 AND NORTH OF HEARTLAND PARKWAY IN THE MARTHA MUSICK SURVEY, ABSTRACT NO. 312, CITY OF MESQUITE, KAUFMAN COUNTY, TEXAS, THEREBY ALLOWING A SINGLE FAMILY City of Mesquite, Texas Page 8 City Council Minutes - Final November 19, 2018 SUBDIVISION SUBJECT TO CERTAIN STIPULATIONS; 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 EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No. 4625 recorded in Ordinance Book No. 113.) CONSIDERATION OF RESOLUTION 26 Consider a resolution authorizing the City Manager to finalize and execute a Second Amendment to the Heartland Town Center Development Agreement to amend the Concept Plan and the residential fencing, street right -of-way width, pavement width and alley requirements of a development commonly known as “Trailwind” and being generally located south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway in the corporate limits of the City of Mesquite in Kaufman County, Texas. Mr. Aleman moved to approve Resolution No. 70-2018, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A SECOND AMENDMENT TO THE HEARTLAND TOWN CENTER DEVELOPMENT AGREEMENT TO AMEND THE CONCEPT PLAN AND THE RESIDENTIAL FENCING, STREET RIGHT-OF-WAY WIDTH, PAVEMENT WIDTH AND ALLEY REQUIREMENTS OF A DEVELOPMENT COMMONLY KNOWN AS “TRAILWIND” AND BEING GENERALLY LOCATED SOUTH OF INTERSTATE HIGHWAY 20, EAST OF FM 741 AND NORTH OF HEARTLAND PARKWAY IN THE CORPORATE LIMITS OF THE CITY OF MESQUITE IN KAUFMAN COUNTY, TEXAS. Motion was seconded by Mr. Archer approved unanimously. (Resolution No. 70-2018 recorded in Resolution Book No. 55.) APPOINTMENTS TO BOARDS AND COMMISSIONS 27 Consider appointment of two representatives to attend the City /School Joint Tax Office Advisory Board meeting on Wednesday, December 5, 2018, at 1:30 p.m. Mr. Archer moved to appoint Stan Pickett and Greg Noschese to serve as the City’s representatives on the City/School Joint Tax Office Advisory Board at the meeting scheduled to be held Wednesday, December 5, 2018, at 1:30 p.m. Motion was seconded by Mr. Boroughs and approved unanimously. 28 Consider appointment of one regular member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for a term to expire September 30, 2020, and two alternate members for terms to expire November 19, 2020. Mr. Archer moved to appoint Sheila Lynn, Place 6, as a regular member of the Planning and Zoning Commission/Capital Improvements Advisory Committee for a term to expire September 30, 2020, and to appoint Claude McBride as a senior alternate member and Jerome Geisler as a junior alternate member for terms to expire November 19, 2020. Motion was seconded by Mr. Miklos and approved unanimously. City of Mesquite, Texas Page 9 City Council Minutes - Final November 19, 2018 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:51 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. 16); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:53 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Miklos moved to adjourn the meeting. Motion was seconded by Mr. Archer and approved unanimously. The meeting adjourned at 8:55 p.m. 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, November 19, 2018 4:30 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas PRE-MEETING - TRAINING ROOMS A&B - 4:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 18-3797 Receive briefing regarding upcoming Tax Increment Finance Reinvestment Zone (TIRZ) activity for the Rodeo City TIRZ No. One, Falcon’s Lair TIRZ No. Four and Ridge Ranch TIRZ No. Five. 2 18-3819 Receive report and presentation regarding redistricting including a discussion regarding the illustrative redistricting plan and alternate plan(s). 3 18-3814 Receive presentation regarding results of 2018 Community Attitude and Satisfaction Survey. Attachments: PowerPoint Presentation Findings Report Geocoded Maps 4 18-3822 Receive briefing regarding the potential donation of properties located at 3000 Lawson Road in Dallas County, TX; 7501 Shannon Loop, 7505 Shannon Loop, 7506 Shannon Loop, 7507 Shannon Loop, and 1301 Malloy Bridge Road in Seagoville, TX. Attachments: Donation Request Letter Location Map 5 18-3823 Receive briefing regarding the potential donation of property located at 2920 Gus Thomasson Road. Attachments: Location Map 6 18-3821 Receive briefing regarding the potential donation of property located at 300 West Cartwright Road in Mesquite, Texas. Attachments: Donation Request Letter Location Map 7 18-3829 Discuss a moratorium regarding multi-family residential development. City of Mesquite, Texas Page 1 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:30 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 Dr. E. Jones Doughton, Pastor, First Presbyterian Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Downtown Mesquite Business Owners. PRESENTATIONS 8 18-3806 Presentation of a plaque to Sheila Lynn in recognition of her service as a member of the Parks and Recreation Advisory Board and Tree Board. 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.) 9 18-3799 Minutes of the regular City Council meeting held November 5, 2018. Attachments: 11.05.2018m 10 18-3804 An ordinance amending Ordinance No. 4610, by deleting Exhibit “C” and adding a new Exhibit “C,” and by amending Section 9, thereby revising the pay plan for commissioned Police and Fire personnel of the City, effective City of Mesquite, Texas Page 2 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 January 1, 2019. Attachments: Ordinance No. 4610 Ordinance - Pay Plan C 11 18-3815 A resolution adopting the 2019 City of Mesquite Legislative Program. Attachments: Resolution - Legislative Program 12 18-3796 A resolution authorizing the Mayor to execute the 2018 Homeland Security Grant Sub-Recipient Agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency in the amount of $143,713.30 and designating the Fire Chief as the responsible officer for the purpose of signing all subordinate documents associated with these grants. Attachments: Resolution - Homeland Security Grant SOGAs - 2018 UASI Grant Projects 13 18-3773 A resolution setting a public hearing under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas (“the Zone”), enlarging the boundaries and increasing the geographic area of the Zone to include a tract of land consisting of approximately 28.0016 acres and being generally located at the northeast corner of New Market Road and Rodeo Center Boulevard in the corporate limits of the City of Mesquite, Texas; extending the term of the Zone for an additional thirty-one years to expire December 31, 2049; increasing the total estimated project costs for the Zone and amending the composition of the Board of Directors for the Zone; and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Attachments: Resolution - Rodeo City 14 18-3781 A resolution setting a public hearing under Chapter 311 of the Texas Tax Code to consider terminating the Falcon’s Lair Tax Increment Finance Reinvestment Zone Number Four, City of Mesquite, Texas, and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Attachments: Resolution - Falcons Lair 15 18-3782 A resolution setting a public hearing under Chapter 311 of the Texas Tax Code to consider terminating the Ridge Ranch Tax Increment Finance Reinvestment Zone No. Five, City of Mesquite, Texas, and dissolving the Board of Directors and Tax Increment Fund for the Zone, and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Attachments: Resolution - Ridge Ranch City of Mesquite, Texas Page 3 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 16 18-3792 A resolution authorizing the City Manager to finalize and execute a development agreement with MM Mesquite 50, LLC, regarding the development of approximately 56.11 acres of land generally located north of Rodeo Drive, south of Scyene Road (also known as Highway 352), east of Stadium Drive and west of Rodeo Center Boulevard within the corporate limits of the City of Mesquite, Texas, as a mixed use development consisting of retail, restaurant, office, residential components and other associated uses, and being commonly referred to as “Iron Horse Village”; authorizing the City Manager to take such actions and execute such documents as are necessary to consummate the transactions contemplated by the agreement and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution - Iron Horse Village Concept Plan 17 18-3793 Bid No. 2019-028 - Annual Parts for International Trucks. (Staff recommends award to sole source provider Southwest International Trucks, Inc., in the amount of $130,000.00.) Attachments: Sole Source Letter 18 18-3787 Bid No. 2019-035 - Purchase of Five Heavy Duty Trucks. (Staff recommends award to MHC Kenworth in Dallas, Texas, through BuyBoard Contract No. 521-16, in the amount of $649,149.88.) Attachments: Photo - Rear Loader Photo - 6yd Dump Truck Photo - Asphalt Patcher 1 Photo - Asphalt Patcher 2 Photo - Utility Bed Crew Truck Photo - Utility Bed Service Truck 19 18-3783 Authorize the City Manager to finalize and execute an Interlocal Agreement with the Dallas County Community College District on behalf of El Centro College and the City of Mesquite on behalf of the Mesquite Fire Department (MFD) for the MFD to provide internship ambulance shifts for medical students of the College. Attachments: ILA - El Centro 20 18-3802 Authorize the City Manager to finalize and execute an amendment to a contract with Prime Time Group, Inc., for right-of-way acquisition consulting services in the amount of $25,000.00. 21 18-3811 Authorize the City Manager to finalize and execute a change order with Oldcastle Materials Texas, Inc., dba TexasBit, for additional asphalt materials in the amount of $12,000.00. City of Mesquite, Texas Page 4 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 22 18-3824 Authorize an increase in the fee agreement between the City and Bickerstaff Heath Delgado Acosta LLP for legal and GIS services provided in connection with redistricting the City into six single member districts in the amount not to exceed an additional $18,000.00, for a total contract amount not to exceed $68,000.00, and authorize the City Attorney to execute a supplemental agreement to the original fee agreement in connection therewith. Attachments: Supplemental Agreement 23 18-3803 Approve Amendment No. 2 to the 2018-19 Police Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter 59 of the Texas Code of Criminal Procedures in the amount of $15,500.00. Attachments: Seizure Amendment 2 PUBLIC HEARINGS 24 18-3818 A. Conduct a public hearing to receive and discuss public input and comments on redistricting, the proposed illustrative redistricting plan and alternate plan(s). B. Consideration and possible action to revise the designated illustrative redistricting plan and/or propose a final redistricting plan for a vote and final adoption at the December 3, 2018, City Council meeting. 25 18-3813 Conduct a public hearing and consider an ordinance for Application No. Z1018-0069, submitted by Petitt Barraza, LLC, on behalf of DR Horton - Texas, Ltd., for a change of zoning from Agriculture to Planned Development-Single Family Residential to allow a single family subdivision, on approximately 110.971 acres located south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway. (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 Minutes Ordinance - Z1018-0069 CONSIDERATION OF RESOLUTION 26 18-3817 Consider a resolution authorizing the City Manager to finalize and execute a Second Amendment to the Heartland Town Center Development Agreement to amend the Concept Plan and the residential fencing, street right-of-way width, pavement width and alley requirements of a City of Mesquite, Texas Page 5 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 development commonly known as “Trailwind” and being generally located south of Interstate Highway 20, east of FM 741 and north of Heartland Parkway in the corporate limits of the City of Mesquite in Kaufman County, Texas. Attachments: Resolution - Heartland APPOINTMENTS TO BOARDS AND COMMISSIONS 27 18-3798 Consider appointment of two representatives to attend the City/School Joint Tax Office Advisory Board meeting on Wednesday, December 5, 2018, at 1:30 p.m. Attachments: History of Appointments 28 18-3808 Consider appointment of one regular member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for a term to expire September 30, 2020, and two alternate members for terms to expire November 19, 2020. Attachments: Personal Data Form – Jerome Geisler Personal Data Form – Sheila Lynn Personal Data Form – Claude McBride ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 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 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 City of Mesquite, Texas Page 7 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 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. Matthew Dunlap v. Jose Alcala and the City of Mesquite – Filed 7-17-17 7. Scott Damon Richardson v. Stephen Crane – Filed 8-10-17 8. Scott Damon Richardson v. Darren Marsack – Filed 8-10-17 9. Christopher Acoff v. City of Mesquite – Filed 8-25-17 10. Mohamed Bedran v. City of Mesquite – Filed 9-26-17 11. Victor Davis v. City of Mesquite and Glenn A. Evans, Individually – Filed 11-9-17 12. 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 13. 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 14. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18 15. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem – Filed 3-1-18 16. Ex Parte North Texas Municipal Water District – Filed 5-7-18 17. Leonard Warren v. City of Mesquite – Filed 6-18-18 18. Gregory Von Lee v. City of Mesquite – Filed 6-22-18 19. City of Mesquite v. Govind Group Corp. – Filed 8-31-18 20. City of Allen, City of Arlington, City of Bedford, City of Belton, City of Carrollton, City of Cedar Hill, City of Colleyville, City of Coppell, City of Dalworthington Gardens, City of Euless, City of Fort Worth, City of Garland, City of Grand Prairie, City of Harker Heights, City of Hutto, City of Irving, City of Killeen, City of Lewisville, City of Mesquite, City of Rockwall, City of Rowlett, City of Waco and City of Wichita Falls, Texas v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications – Filed 10-19-18 21. Bob Bishop v. City of Mesquite – Filed 10-23-18 22. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18 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. 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). City of Mesquite, Texas Page 8 Monday, November 19, 2018 City Council Meeting Agenda November 19, 2018 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 9 Monday, November 19, 2018

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