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City Council

Regular Meeting

Mesquite, TX · March 18, 2019

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, March 18, 2019 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 presentation regarding the May 4, 2019, Special Election. 2 Receive briefing regarding draft Engineering Design Manual. 3 Receive presentation regarding a proposed electrical aggregate program for Mesquite residents and discuss the potential for implementing a Mesquite Power Switch program with iChoosr, LLC. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:48 P.M. 4 Receive quarterly activity report from the Economic Development Department. Kim Buttram, Assistant Director of Economic Development, stated that the quarterly report covers data for the fourth quarter of calendar year 2018, as well as activity to date. Media highlights include the announcement of the Iron Horse mixed-use development in the Dallas Morning News in December, stories on the economic impact of the Mesquite Metro Airport, the Front Street Station project in Downtown Mesquite and social media coverage of Genghis Grill’s fundraiser for the Spread the Love campaign. Staff has attended various trade shows since the fourth quarter with more than 100 prospects visited. Ms. Buttram reviewed the Council’s Economic Development priorities – Job Creation, Retail Vitality, Small Business Development, Shopping Center Revitalization, IH-20 Corridor and Downtown Development with the following updates: • Job Creation – Kids Empire, 3636 Gus Thomasson Road, Suite 125, opened in December 2018, with 20 full-time equivalent new jobs. Gardner Telecommunications, Inc., (GTI) and The Pickle Juice Company, 3325 Innovative Way, added 100 new jobs with a recent expansion. • Retail Vitality – Starbucks and Chipotle will locate near US Highway 80 and Beltline Road. A new retail and office facility has been constructed in the Market East Shopping Center. Urban Air will open in the former Gander Mountain site. Mesquite has a 93 percent city-wide retail occupancy rate with Town East Mall experiencing a 97 percent occupancy rate. The average sales price of retail City of Mesquite, Texas Page 1 City Council Minutes - Final March 18, 2019 buildings is $242 per square foot. • Small Business Development – Staff hosted the inaugural Entrepreneurs Day in downtown Mesquite on November 13, 2018, with 63 small business owners and 30 panelists/facilitators attending. The sessions were based on Small Business Administration guidelines with future in-depth workshops planned in 2019. As a result of the workshop, one new business has opened – Bear Cave Coffee on a pop-up basis – and three businesses are in the planning phase. • Shopping Center Revitalization – An inventory has been completed of 26 shopping centers with preliminary ranking. Two projects are scheduled for redesign and as a result of meetings at the International Council of Shopping Center (ICSC) trade show, two new tours were scheduled this quarter. • IH-20 Corridor – Staff has received an increase in inquiries for retail pad sites at FM 741 and IH-20 in Kaufman County with the recent announcement of approximately 2,000 new home lots in development along IH-20 within Trinity Pointe. • Downtown Development – The National Small Business Saturday chose Mesquite as a Small Business Saturday Champion. Mesquite will host Texas First Lady Cecilia Abbott in May 2019 to welcome Mesquite to the Main Street Program. The Front Street Station Infrastructure Plan has been completed and the first storefront façade renovation designs have been created. Ms. Buttram reviewed population trends, number of households, median income, new home permit values, residential permits and valuation, major employers, unemployment rate, higher education attainment, top industries by job type, occupation and industry snapshot, commercial remodel permits and valuation, commercial new construction permits and valuation, local sales tax collected, estimated new jobs, estimated new square footage and certificates of occupancy issued. Ms. Buttram stated that the Economic Development staff has marketed the City through Site Selection Magazine and the Dallas Regional Chamber Economic Development Guide with a consistent message and authentic Mesquite imagery. Ms. Buttram revealed snapshots of the new Economic Development website, which will be marketed to real estate developers and launched in April 2019. The work session ended at 7:08 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:08 P.M. INVOCATION Chad Flowers, Pastor, Emmanuel Pentecostal Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Daughters of the Republic of Texas, Hiram Bennett Chapter. PRESENTATIONS 5 Presentation of a plaque to Richard G. Walker, Jr., in recognition of his service as a member of the Building Standards Board. Mayor Pickett presented a plaque to Richard G. Walker, Jr., in recognition of his service as a member of the Building Standards Board from May 2008 through December 2018. City of Mesquite, Texas Page 2 City Council Minutes - Final March 18, 2019 6 Presentation of a plaque to Jack Love in recognition of his service as a member of the Keep Mesquite Beautiful, Inc., Board of Directors. Mayor Pickett presented a plaque to Jack Love in recognition of his service as a member of the Keep Mesquite Beautiful, Inc., Board of Directors from May 2015 through February 2019. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese invited citizens to participate in Mesquite Independent School District ’s (MISD) ReadPlayTalk Fair on Saturday, March 23, 2019, from 9:30 a.m. to Noon, at Mesquite High School, 300 East Davis Street. This free event will feature story times and activities to encourage families to read, play and talk with their children at home. (2) Mr. Miklos stated that Urban Air has announced the opening of a new 30,000-square-foot indoor entertainment center in Mesquite. The center will be located in the building previously occupied by Gander Mountain. (3) Mr. Miklos invited residents to attend a Town East/Range/Astronaut streets neighborhood meeting on Tuesday, March 19, 2019, at 6:30 p.m., at Luna Lodge, 3601 US Highway 80 East. (4) Mr. Boroughs stated that he is a proud member of the Mesquite AMBUCS, which raises funds to help children and adults with mobility issues. He invited citizens to their next event, Breakfast with the Bunny, on Saturday, April 13, 2019, at Evans Recreation Center, 1116 Hillcrest Street. Breakfast will be served, beginning at 8:30 a.m., for $5.00 per person, children two years of age and under are free. A free egg hunt, sponsored by the Mesquite Parks and Recreation Department, will begin at 11:00 a.m. for children nine years of age and under. (5) Mr. Aleman stated that the Downtown Marketplace will be held on Saturday, April 13, 2019, from 9:00 a.m. to 2:00 p.m., and every second and fourth Saturday through November. He encouraged citizens to shop at the market for fresh produce, handmade crafts and culinary items from local vendors and merchants. (6) Mr. Aleman invited Spanish-speaking citizens to attend a neighborhood meeting on Thursday, March 28, 2019, at 7:00 p.m., at Ministero Shalom, 2528 Oates Drive. (7) Mr. Archer encouraged citizens to bring their family and friends to the 62nd Annual Rodeo Parade in downtown Mesquite on Saturday, April 6, 2019, beginning at 10:00 a.m. (8) Mr. Archer will host a fundraiser, along with JC’s Burger Bar, 1051 East Davis Street, on Tuesday, March 19, 2019, from 6:00 p.m. to 9:00 p.m., in support of the homeless teen challenge and invited everyone to attend. (9) Mr. Casper congratulated Charlene Orr, Manager of Historic Preservation, on receiving the prestigious Truett Latimer Award at the 2019 Preservation Texas Honor Awards Ceremony. Ms. Orr was recognized for overseeing the restoration of the City ’s historic buildings and Historic Mesquite, Inc., events. (10) Mr. Casper thanked City staff for their efforts in planning the upcoming Student Government Day events for MISD’s high school seniors to be held on Friday, March 22, 2019, and Friday, March 29, 2019. The students will participate in a mock Council meeting and mock Court session and learn about City government. (11) Mr. Pickett stated that Mesquite Young Life will hold a Fun Run Fundraiser on Saturday, March 30, 2019, from 8:00 a.m. to 11:00 a.m., at Paschall Park, 1001 New Market Road, and encouraged citizens to participate in this family-friendly event. All proceeds help to send Mesquite-at-risk kids to camp. CONSENT AGENDA Approval of the Consent Agenda City of Mesquite, Texas Page 3 City Council Minutes - Final March 18, 2019 Mr. Miklos requested that Item Nos. 9 and 12 be removed from the Consent Agenda to be considered separately. Mr. Noschese requested that Item Nos. 18 and 19 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 regular City Council meeting held March 4, 2019. Approved on the Consent Agenda. 8 An ordinance amending Chapter 7 of the City Code thereby updating Residential Landlord and Tenant Regulations. Approved on the Consent Agenda. Ordinance No. 4656, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 7 OF THE MESQUITE CODE BOOK, AS AMENDED, BY DELETING ARTICLE III IN ITS ENTIRETY AND ADDING A NEW ARTICLE III THEREBY UPDATING RESIDENTIAL LANDLORD AND TENANT REGULATIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4656 recorded in Ordinance Book No. 114.) 10 A resolution relating to the giving of notice of intention to issue City of Mesquite, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2019, to provide funds for public improvements, facilities and equipment including, without limitation, information technology infrastructure and equipment, streets, thoroughfares and bridge improvements, streetscaping, storm drainage improvements, signalization, traffic controls, sidewalks, street lights, right of way acquisitions, vehicles, municipal buildings and facilities, and related issuance costs and providing an effective date. Approved on the Consent Agenda. Resolution No. 25-2019, A RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE CITY OF MESQUITE, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2019, TO PROVIDE FUNDS FOR PUBLIC IMPROVEMENTS, FACILITIES AND EQUIPMENT INCLUDING, WITHOUT LI M I T A T I O N , INFORMATION TECHNOLOGY INFRASTRUCTURE AND EQUIPMENT, STREETS, THOROUGHFARES AND BRIDGE IMPROVEMENTS, STREETSCAPING, STORM DRAINAGE IMPROVEMENTS, SIGNALIZATION, TRAFFIC CONTROLS, SIDEWALKS, STREET LIGHTS, RIGHT OF WAY ACQUISITIONS, VEHICLES, MUNICIPAL BUILDINGS AND FACILITIES, FIRE STATION IMPROVEMENTS AND RELATED ISSUANCE COSTS; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 25-2019 recorded in Resolution Book No. 56.) 11 Bid No. 2019-023 - Annual Landscape Maintenance of the TxDOT IH 635/Town East Boulevard/Towne Centre Drive Interchange and US Highway 80/Town East Boulevard Interchange. (Authorize the City Manager to execute a contract with SLM Landscaping and Maintenance in the amount of $109,397.00. The term of this contract is for a one-year period with four additional one-year renewal options, subject to annual appropriation of sufficient funds.) City of Mesquite, Texas Page 4 City Council Minutes - Final March 18, 2019 Approved on the Consent Agenda. 13 Authorize the City Manager to finalize and execute a Memorandum of Understanding (MOU) with the Dallas Field Division of the Drug Enforcement Agency (DEA) regarding equitable sharing through the United States Department of Justice Equitable Sharing Program. Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute Amendment No. 3 with Freese and Nichols, Inc., for additional design and preparation of construction documents for the Palos Verdes Dam Modifications project in the amount of $36,293.00. Approved on the Consent Agenda. 15 Approve a petition requesting installation of speed bumps in the alley between Cordia Drive and Crawford Drive and located in between Sessom Drive and Duncan Drive. Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute an amendment to the Commercial Solid Waste Collection Contract between the City of Mesquite and Allied Waste Systems dba Republic Services extending the contract for three years with two one-year renewal options. Approved on the Consent Agenda. 17 An ordinance amending Chapter 14 of the City Code regarding commercial solid waste collection rates. Approved on the Consent Agenda. Ordinance No. 4657, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING THE RATE TABLE (CHART) IN SECTION 14-45 IN ITS ENTIRETY AND ADDING A NEW RATE TABLE (CHART) IN SECTION 14-45 THEREBY AMENDING THE COMMERCIAL SOLID WASTE COLLECTION RATES; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4657 recorded in Ordinance Book No. 114.) CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 9 A resolution supporting legislation to create Spradley Farms Improvement District of Kaufman County. Mr. Miklos moved to postpone consideration of a resolution supporting legislation to create Spradley Farms Improvement District of Kaufman County to the April 1, 2019, City Council meeting. Motion was seconded by Mr. Casper and approved unanimously. 12 Bid No. 2019-066 - Purchase of 95-Gallon and 45-Gallon Solid Waste Carts for City of Mesquite, Texas Page 5 City Council Minutes - Final March 18, 2019 a Solid Waste Pilot Program. (Staff recommends award to OTTO Environmental Systems Inc., through BuyBoard Contract No. 524-17, sponsored by the Texas Association of School Boards, in an amount not to exceed $120,030.50.) Mr. Noschese moved to award Bid No. 2019-066, Purchase of 95-Gallon and 45-Gallon Solid Waste Carts for a Solid Waste Pilot Program, to OTTO Environmental Systems Inc., through BuyBoard Contract No. 524-17, sponsored by the Texas Association of School Boards, in an amount not to exceed $120,030.50. Motion was seconded by Mr. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Noschese, Casper, Pickett, Aleman, Boroughs Nayes: Miklos, Archer Motion carried. 18 A resolution authorizing the City Manager to finalize and execute a First Amendment to the Iron Horse Development Agreement to amend the definition of “Public Improvement Financing Date” for a development commonly known as “Iron Horse Village” and being 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 in Dallas County, Texas. Mr. Miklos left the meeting. Mr. Aleman moved to approve Resolution No. 26-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A FIRST AMENDMENT TO THE IRON HORSE DEVELOPMENT AGREEMENT TO AMEND THE DEFINITION OF “PUBLIC IMPROVEMENT FINANCING DATE” TO EXTEND THE DATE FOR THE CITY TO APPROVE A BOND PURCHASE AGREEMENT AND ISSUE PUBLIC IMPROVEMENT DISTRICT BONDS FOR THE DEVELOPMENT OF PROPERTY COMMONLY REFERRED TO AS “IRON HORSE VILLAGE” AND BEING 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 IN DALLAS COUNTY, TEXAS. 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. (Resolution No. 26-2019 recorded in Resolution Book No. 57.) 19 An amended and restated resolution authorizing and creating the Polo Ridge Public Improvement District No. 2 consisting of approximately 805.79 acres of land generally located south of FM 740, west of FM 2757 and north of Kelly Road in Kaufman County, Texas, and being located within the extraterritorial jurisdiction of the City of Mesquite, Texas, in accordance with Chapter 372 of the Texas Local Government Code. Mr. Archer moved to approve Resolution No. 27-2019, AN AMENDED AND City of Mesquite, Texas Page 6 City Council Minutes - Final March 18, 2019 RESTATED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS AUTHORIZING AND CREATING THE POLO RIDGE PUBLIC IMPROVEMENT DISTRICT NO. 2 TO INCLUDE APPROXIMATELY 805.79 ACRES OF LAND GENERALLY LOCATED SOUTH OF FM 740, WEST OF FM 2757 AND NORTH OF KELLY ROAD IN KAUFMAN COUNTY, TEXAS, LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF MESQUITE, TEXAS, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Archer, Aleman, Pickett, Casper, Noschese, Boroughs Nayes: None Abstentions: Miklos Motion carried. (Resolution No. 27-2019 recorded in Resolution Book No. 57.) END OF CONSENT AGENDA PUBLIC HEARINGS 20 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an agreement for such purposes with Elements International Group, LLC, and IDIL Skyline D, LLC, for the proposed relocation of the headquarters of Elements International Group, LLC, to a new industrial building in the Skyline Industrial District located at 2250 Skyline Drive, 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 Elements International Group, LLC, for the proposed relocation of the company’s headquarters. David Witcher, Director of Economic Development, stated that Elements International Group, LLC, is relocating its Texas headquarters to Mesquite and is seeking to execute an eight-year lease in a 487,200-square-foot building, which is referred to as Building “D” in the Skyline Trade Center. Eighty new jobs are anticipated in the first year and 100 new jobs in the fifth year. Elements International is a “Top 100” furniture wholesaler in North America and ships over 1,400 containers per month. The terms of the Chapter 380 agreement provide City participation in a tax reimbursement of business real property tax and business personal property tax for a term of eight years with a two-year option period with incremental reimbursement as follows: years one through three, 80 percent; years four through seven, 70 percent; years eight through ten, 60 percent. The approximate total value of the incentive is $1.4 million. Mike Wurster, President of Elements International Group, LLC, stated that the company is consolidating its three Texas facilities into one facility in Mesquite. Elements International Group, LLC, services retailers such as At Home, Rooms to Go, Conn’s and The Home Zone as well as serving as internet fulfillment centers for Sam’s Club and Wayfair. City of Mesquite, Texas Page 7 City Council Minutes - Final March 18, 2019 No others appeared regarding the proposed Chapter 380 agreement. Mr. Miklos moved to approve Resolution No. 28-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT FOR SUCH PURPOSES WITH ELEMENTS INTERNATIONAL GROUP, LLC, AND IDIL SKYLINE D, LLC, FOR THE PROPOSED RELOCATION OF THE HEADQUARTERS OF ELEMENTS INTERNATIONAL GROUP, LLC, TO A NEW INDUSTRIAL BUILDING IN THE SKYLINE INDUSTRIAL DISTRICT LOCATED AT 2250 SKYLINE DRIVE, MESQUITE, TEXAS; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 28-2019 recorded in Resolution Book No. 57.) 21 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance repealing Ordinance No. 4546 in its entirety and adopting a revised Parks and Recreation Department Youth Programs Standards of Care. A public hearing was held to consider the Parks and Recreation Department Youth Programs Standards of Care. Elizabeth Harrell, Director of Parks and Recreation, stated that the Parks and Recreation Department operates youth recreation programs after regular school hours and when school is not in session. The Youth Programs Standards of Care (SOC) is reviewed annually and adopted by ordinance, after holding a public hearing. Staff is recommending two changes to the SOC such as updating staff contact information and clarifying the payment policy. No one appeared regarding the Parks and Recreation Department Youth Program SOC. Mr. Casper moved to approve Ordinance No. 4658, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING REVISED YOUTH PROGRAMS STANDARDS OF CARE; PROVIDING A REPEALER CLAUSE AND SPECIFICALLY REPEALING ORDINANCE NO. 4546; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Aleman and approved unanimously. (Ordinance No. 4658 recorded in Ordinance Book No. 114.) 22 Conduct a public hearing and consider an ordinance for Application No . Z1018-0071, submitted by Daniel Boswell on behalf of 1st Choice Self Storage for a change of zoning from General Retail to Planned Development - General Retail to allow mini-warehouses and all other uses permitted in the General Retail zoning district, located at 23300 Interstate Highway 635. (One response in favor and none in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations. This item was postponed at the March 4, 2019, and March 18, 2019, City Council meetings.) City of Mesquite, Texas Page 8 City Council Minutes - Final March 18, 2019 Mayor Pickett stated that the applicant has requested postponement of this item. Mr. Noschese moved to postpone consideration of Application No. Z1018-0071, submitted by Daniel Boswell on behalf of 1st Choice Self Storage, for a change of zoning from General Retail to Planned Development - Commercial to allow mini-warehouses and all other uses permitted in the Commercial zoning district, located at 23300 Interstate Highway 635 to the April 1, 2019, City Council meeting. Motion was seconded by Mr. Archer and approved unanimously. 23 Conduct a public hearing and consider an ordinance for Application No . Z0119-0084, submitted by Glen Pingleton on behalf of L.M. Walters, Inc., for a change of zoning from R-1 and R-3, Single-family Residential to General Retail to allow a commercial development on property located at 340 State Highway 352. (No responses in favor and two in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of Planned Development-General Retail zoning with certain stipulations.) A public hearing was held for Application No. Z0119-0084. Jeff Armstrong, Director of Planning and Development Services, stated that the 2.54-acre tract of land currently contains a vacant house. The applicant would like to market the property and is requesting rezoning to resell it for retail use. The Comprehensive Plan designates this area as an Industrial District with a floodplain nearby; therefore, a General Business designation would be appropriate. Mr. Armstrong stated that this item will require a super majority or three-fourths vote by Council due to the percentage of opposition received. Applicant Glen Pingleton stated that they would like to market the property as a retail site but have no specific use or developer in mind. Seth Wyatt, 380 SH 352, spoke in opposition to the proposed application. Mr. Miklos moved to deny Application No. Z0119-0084. Motion was seconded by Mr. Noschese and approved unanimously. 24 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2019-01 amending Section 1A-300, Screening and Buffering Requirements; Section 2-100, Districts Established; Section 2-203, Schedule of Permitted Uses; Section 2-400, Off-Street Parking; Section 2-501, Multifamily Residential/Permitted Nonresidential Uses in A Districts; Section 2-600, Accessory Structure Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations for multifamily residential uses. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) Mr. Miklos moved to postpone consideration of Zoning Text Amendment No. 2019-01 amending Section 1A-300, Screening and Buffering Requirements; Section 2-100, Districts Established; Section 2-203, Schedule of Permitted Uses; Section 2-400, Off-Street Parking; Section 2-501, Multifamily Residential/Permitted Nonresidential Uses in A Districts; Section 2-600, Accessory Structure Regulations; City of Mesquite, Texas Page 9 City Council Minutes - Final March 18, 2019 and Section 6-102, Definitions; all pertaining to new and revised regulations for multifamily residential uses to the April 15, 2019, City Council meeting. On call for a vote on the motion, the following votes were cast: Ayes: Miklos, Boroughs, Pickett, Aleman, Archer, Noschese Nayes: Casper Motion carried. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:22 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 (Item No. 26 - Consider economic development incentives for a prospect seeking to locate south of Town East Boulevard, north of Towne Centre Drive, east of Gus Thomasson Road and west of IH-635 in the City of Mesquite, Texas); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:31 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:31 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 (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); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:40 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:40 P.M. Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Item No. 25 - Consider the lease of real property located at 320 South Galloway Avenue, Mesquite, Texas); whereupon, the City Council proceeded to meet in the Executive Conference Room . After the closed meeting ended at 8:47 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. Noschese and approved unanimously. The meeting adjourned at 8:47 p.m. City of Mesquite, Texas Page 10 City Council Minutes - Final March 18, 2019 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, March 18, 2019 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 19-4050 Receive presentation regarding the May 4, 2019, Special Election. 2 19-3950 Receive briefing regarding draft Engineering Design Manual. 3 19-4027 Receive presentation regarding a proposed electrical aggregate program for Mesquite residents and discuss the potential for implementing a Mesquite Power Switch program with iChoosr, LLC. Attachments: Fate Resident Feedback Survey 2017 Farmers Branch Agreement iChoosr FAQ 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 4 19-4019 Receive quarterly activity report from the Economic Development Department. Attachments: Packet - ED Council Presentation March 18, 2019 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Chad Flowers, Pastor, Emmanuel Pentecostal Church, Mesquite, Texas. City of Mesquite, Texas Page 1 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 PLEDGE OF ALLEGIANCE Members of the Daughters of the Republic of Texas, Hiram Bennett Chapter. PRESENTATIONS 5 19-3962 Presentation of a plaque to Richard G. Walker, Jr., in recognition of his service as a member of the Building Standards Board. 6 19-4002 Presentation of a plaque to Jack Love in recognition of his service as a member of the Keep Mesquite Beautiful, Inc., Board of Directors. 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 19-4040 Minutes of the regular City Council meeting held March 4, 2019. Attachments: 03.04.2019m 8 19-4039 An ordinance amending Chapter 7 of the City Code thereby updating Residential Landlord and Tenant Regulations. Attachments: Ordinance 9 19-4026 A resolution supporting legislation to create Spradley Farms Improvement District of Kaufman County. Attachments: Resolution 10 19-4051 A resolution relating to the giving of notice of intention to issue City of Mesquite, Texas Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2019, to provide funds for public improvements, facilities and equipment including, without limitation, information technology infrastructure and equipment, streets, thoroughfares and bridge improvements, streetscaping, storm drainage improvements, signalization, traffic controls, sidewalks, street lights, right City of Mesquite, Texas Page 2 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 of way acquisitions, vehicles, municipal buildings and facilities, and related issuance costs and providing an effective date. Attachments: Resolution Proposed Bond Projects 11 19-4046 Bid No. 2019-023 - Annual Landscape Maintenance of the TxDOT IH 635/Town East Boulevard/Towne Centre Drive Interchange and US Highway 80/Town East Boulevard Interchange. (Authorize the City Manager to execute a contract with SLM Landscaping and Maintenance in the amount of $109,397.00. The term of this contract is for a one-year period with four additional one-year renewal options, subject to annual appropriation of sufficient funds.) Attachments: Best Value Matrix Bid Tabulation 12 19-4044 Bid No. 2019-066 - Purchase of 95-Gallon and 45-Gallon Solid Waste Carts for a Solid Waste Pilot Program. (Staff recommends award to OTTO Environmental Systems Inc., through BuyBoard Contract No. 524-17, sponsored by the Texas Association of School Boards, in an amount not to exceed $120,030.50.) Attachments: BuyBoard Quote Ordinance 4652 13 19-4033 Authorize the City Manager to finalize and execute a Memorandum of Understanding (MOU) with the Dallas Field Division of the Drug Enforcement Agency (DEA) regarding equitable sharing through the United States Department of Justice Equitable Sharing Program. Attachments: Executive Summary 14 19-4047 Authorize the City Manager to finalize and execute Amendment No. 3 with Freese and Nichols, Inc., for additional design and preparation of construction documents for the Palos Verdes Dam Modifications project in the amount of $36,293.00. 15 19-4045 Approve a petition requesting installation of speed bumps in the alley between Cordia Drive and Crawford Drive and located in between Sessom Drive and Duncan Drive. Attachments: Petition Location Map 16 19-4062 Authorize the City Manager to finalize and execute an amendment to the Commercial Solid Waste Collection Contract between the City of Mesquite and Allied Waste Systems dba Republic Services extending the contract for three years with two one-year renewal options. 17 19-4063 An ordinance amending Chapter 14 of the City Code regarding commercial City of Mesquite, Texas Page 3 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 solid waste collection rates. Attachments: Ordinance 18 19-4023 A resolution authorizing the City Manager to finalize and execute a First Amendment to the Iron Horse Development Agreement to amend the definition of “Public Improvement Financing Date” for a development commonly known as “Iron Horse Village” and being 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 in Dallas County, Texas. Attachments: Resolution - Iron Horse 19 19-4025 An amended and restated resolution authorizing and creating the Polo Ridge Public Improvement District No. 2 consisting of approximately 805.79 acres of land generally located south of FM 740, west of FM 2757 and north of Kelly Road in Kaufman County, Texas, and being located within the extraterritorial jurisdiction of the City of Mesquite, Texas, in accordance with Chapter 372 of the Texas Local Government Code. Attachments: PID Boundary Line and ETJ Overlap Revised PID Boundary Line Resolution - Polo Ridge PID No. 2 City of Mesquite, Texas Page 4 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 PUBLIC HEARINGS (City Council may approve a different zoning district than the one requested, except that the different district may not (1) have a maximum structure height or density that is higher than the one requested; or (2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.) 20 19-4032 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an agreement for such purposes with Elements International Group, LLC, and IDIL Skyline D, LLC, for the proposed relocation of the headquarters of Elements International Group, LLC, to a new industrial building in the Skyline Industrial District located at 2250 Skyline Drive, Mesquite, Texas and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Chapter 380 Agreement Summary-Elements International 3-11-2019 Resolution 21 19-4043 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance repealing Ordinance No. 4546 in its entirety and adopting a revised Parks and Recreation Department Youth Programs Standards of Care. Attachments: Ordinance - Standards of Care Updated Standards with highlighted revisions 22 19-4048 Conduct a public hearing and consider an ordinance for Application No. Z1018-0071, submitted by Daniel Boswell on behalf of 1st Choice Self Storage for a change of zoning from General Retail to Planned Development - Commercial to allow mini-warehouses and all other uses permitted in the Commercial zoning district, located at 23300 Interstate Highway 635. (One response in favor and none in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations. This item was postponed at the March 4, 2019, City Council meeting.) Attachments: Case Summary Staff Report PZ Minutes 2-25-2019 Screening Wall Drawing Ordinance City of Mesquite, Texas Page 5 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 23 19-4037 Conduct a public hearing and consider an ordinance for Application No. Z0119-0084, submitted by Glen Pingleton on behalf of L.M. Walters, Inc., for a change of zoning from R-1 and R-3, Single-family Residential to General Retail to allow a commercial development on property located at 340 State Highway 352. (No responses in favor and two in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of Planned Development-General Retail zoning with certain stipulations.) Attachments: Case Summary Staff Report PZ Minutes Ordinance - Z0119-0084 24 19-4036 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2019-01 amending Section 1A-300, Screening and Buffering Requirements; Section 2-100, Districts Established; Section 2-203, Schedule of Permitted Uses; Section 2-400, Off-Street Parking; Section 2-501, Multifamily Residential/Permitted Nonresidential Uses in A Districts; Section 2-600, Accessory Structure Regulations; and Section 6-102, Definitions; all pertaining to new and revised regulations for multifamily residential uses. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) Attachments: P & Z Minutes Ordinance ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 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. 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 4. Christopher Acoff v. City of Mesquite – Filed 8-25-17 5. Mohamed Bedran v. City of Mesquite – Filed 9-26-17 6. Victor Davis v. City of Mesquite and Glenn A. Evans, Individually – Filed 11-9-17 7. 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 8. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18 9. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem – Filed 3-1-18 10. Ex Parte North Texas Municipal Water District – Filed 5-7-18 11. City of Mesquite v. Govind Group Corp. – Filed 8-31-18 12. 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 13. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18 14. James Murphy v. Officer Eric Zimmerman, Officer Nicholas Sierra, Officer Colton Ables, Officer Alex Berg, Officer C. M. Copeland, Officer B. S. Smith, and the City of Mesquite, Texas – Filed 11-2-18 15. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment – Filed 11-8-18 16. Julia Y. Hodges and Yamileth Hodges v. City of Mesquite – Filed 12-4-18 17. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite – Filed 1-7-19 18. Gregory Von Lee v. City of Mesquite – Filed 1-15-19 Real Property Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to consider the purchase, exchange, lease or value of real property. The following subjects may be discussed: 25 19-4028 Consider the lease of real property located at 320 South Galloway Avenue, City of Mesquite, Texas Page 7 Monday, March 18, 2019 City Council Meeting Agenda March 18, 2019 Mesquite, Texas. 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: 26 19-4031 Consider economic development incentives for a prospect seeking to locate south of Town East Boulevard, north of Towne Centre Drive, east of Gus Thomasson Road and west of IH-635 in the 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 8 Monday, March 18, 2019

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