City Council
Regular MeetingMesquite, TX · May 6, 2019
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, May 6, 2019 5:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Dan Aleman, Tandy Boroughs, Robert Miklos, Jeff
Casper and Bruce Archer, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmember Greg Noschese.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding draft multifamily residential standards and park land
dedication.
2 Discuss proposed residential development on FM 2932 and Extraterritorial
Jurisdiction (ETJ) boundary adjustments.
Council directed staff to move forward with a development agreement.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:53 P.M.
3 Receive quarterly report from the Police Department.
Charles Cato, Police Chief, presented the quarterly report for the Mesquite Police
Department (MPD). He reviewed the beat districts and provided success stories in
several districts. There have been four murders to date in 2019 with all four
cleared by arrest. Chief Cato stated that from January to March 2019, the K-9 Unit
logged over 165 hours of training, provided nine demonstrations with 600 people
in attendance and had 158 deployments with 87 narcotic detections. He stated
that marijuana and THC arrests are on the rise and they are finding edibles
containing THC in the schools. More than half of the arrests this quarter have
been for THC or marijuana possession. Sources have been from states where
marijuana has been legalized. Chief Cato stated that there are 159 registered sex
offenders in the City with five new cases filed in 2019 and three arrests made. He
reviewed the statistics for the communications center and false alarms.
Councilmembers expressed appreciation to Chief Cato and the MPD for their
dedication to our community.
The work session ended at 7:12 p.m.
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City Council Minutes - Final May 6, 2019
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:12 P.M.
INVOCATION
Dr. E. Jones Doughton, Pastor, First Presbyterian Church of Mesquite, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
National Elementary Honor Society students, Price Elementary School.
PRESENTATIONS
4 Recognize Small Business Week video participants.
Kim Buttram, Assistant Director of Economic Development, stated that small
businesses comprise approximately 78 percent of Mesquite’s 4,800 companies. In
recognition of National Small Business Week, May 5, 2019, through May 11, 2019,
five locally-owned businesses and their owners were featured. A video was
shown highlighting Mayor Pickett’s recent visit to each of the five businesses.
Mayor Pickett presented a certificate to the owner of each featured business –
Wayne and Evelyn Williams with Williams Paint and Body, Mike McWhorter with
Clown Company, Marcus Brandon with Barbers Ink and Lisa Ransom with
Painting with A Twist. Antonio Swad with Porch Swing was unable to attend. Ms.
Buttram stated that small business workshops will be offered from June through
October to assist entrepreneurs to Power Up their business.
SPECIAL ANNOUNCEMENTS
(1) Fire Captain Phillip Cunningham, representing the Mesquite Fire Association, announced that the
Muscular Dystrophy Association (MDA) Fill-the-Boot campaign will be held on May 10, 2019, May 17,
2019, and May 24, 2019. He thanked the City and Deputy Mayor Pro Tem (DMPT) Boroughs for their
support of this annual event. DMPT Boroughs is a long-time supporter of MDA and attends the MDA
Summer Camp each year. Mayor Pickett and DMPT Boroughs kicked off the campaign by making the
first donations.
(2) Downtown Development Manager Beverly Abell stated that the City of Mesquite recently received
the Texas Main Street City designation. The Texas Main Street Program is one of the most
accomplished programs in the nation and provides a network of training and expertise. She introduced
the Texas Main Street staff: Debra Drescher, State Coordinator of the Texas Main Street Program;
Shelly Hargrove, Assistant State Coordinator of the Texas Main Street Program and Small Business
Specialist; Alan Cox, Economic Development Specialist; Daniela Cantu, Design Specialist; Emily
Koller, Planner; and Marie Oehlerking, Design Associate.
(3) Mr. Aleman stated that the Parks & Recreation Department’s Fun Guide is now available which
includes many summer programs and events. He encouraged attendees to pick up a free copy at
tonight’s meeting.
(4) Mr. Aleman attended a neighborhood meeting last week with Mesquite Park residents and
discussed beginning a crime watch group.
(5) Mr. Aleman invited residents to attend a Creek Crossing neighborhood meeting next Tuesday, May
14, 2019, at 7:00 p.m., at The Crossing Baptist Church, 1060 Clay Mathis Road.
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City Council Minutes - Final May 6, 2019
(6) Mr. Aleman expressed appreciation to Family Cathedral for hosting the Mayor ’s Prayer Breakfast
last week. He also thanked Communications and Marketing Manager Julie Whitworth for her help with
this event.
(7) Mr. Boroughs encouraged citizens to participate in Mesquite Recycles Day on Saturday, May 11,
2019, from 8:00 a.m. to Noon, at the Poteet High School parking lot. A variety of items will be accepted
for recycling. Local agencies will be there to collect used toys, clothing and household items. On-site
document shredding will also be available.
(8) Mr. Casper commended the Parks and Recreation Department and Hispanic Forum of Mesquite for
a successful Cinco de Mayo celebration this past weekend. Mr. Casper’s former student, Giselle
Lopez, won the jalapeno eating contest.
(9) Mr. Casper stated that the Mesquite Animal Shelter was closed for one day last week due to a
sewer line break which caused flooding. The shelter professionals worked together with other agencies,
shelter volunteers and rescue groups who provided temporary shelter and services for the animals. He
thanked everyone for this display of community support.
(10) Mr. Miklos announced that the Mesquite Municipal Court was honored again for its efforts to
promote a safer community. Municipal Court Judge Stephen Crane and his team earned the 2019
Municipal Traffic Safety Initiatives “Traffic Safety Award.” This award recognizes municipalities that
have made outstanding contributions to increase traffic safety by preventing impaired driving in their
communities.
(11) Mr. Archer stated that the Marketplace will be held this Saturday, May 11, 2019, from 9:00 a.m.
to Noon, in downtown Mesquite. He encouraged residents to shop for fresh produce, crafts and culinary
items from local vendors and merchants.
(12) Mr. Archer stated that the First Lady of Texas, Mrs. Cecilia Abbott, will visit downtown Mesquite
on Thursday, May 16, 2019, from 9:00 a.m. to Noon. She will lead a celebration of the designation of
Mesquite as a Texas Main Street community. The public is invited to attend.
(13) Mr. Archer stated that he enjoyed attending the Mayor’s Prayer Breakfast last week and thanked
the Mesquite Police and Fire Associations for providing breakfast.
(14) Mr. Archer stated that the Cinco de Mayo celebration was a successful event with many citizens
attending.
(15) Mr. Archer stated that a recent trash pickup in his neighborhood was led by Bryan Odom. He
expressed appreciation to Mr. Odom and everyone that participated.
(16) Mayor Pickett encouraged citizens to attend the Mesquite Community Theatre ’s presentation of
100 Years of Broadway at the Mesquite Arts Center, 1527 North Galloway Avenue, this Friday, May 10,
2019, through Sunday, May 12, 2019, and the Mesquite Symphony Orchestra concert on Saturday, May
11, 2019, at 6:30 p.m.
(17) Mr. Pickett stated that the City Council is moving to a Single Member District format. Public
education meetings will be held on Thursday, May 16, 2019, at 7:00 p.m., at Rutherford Recreation
Center, 900 Rutherford Drive; Tuesday, May 21, 2019, at 7:00 p.m., at City Hall, 757 North Galloway
Avenue; and Thursday, May 23, 2019, at 7:00 p.m., at Florence Recreation Center, 2501 Whitson Way.
These meetings will educate citizens, voters and those who may want to file for a City Council position
on various aspects of city operations.
CITIZENS FORUM
Tom Briscoe, 1977 McKenzie Road, stated that the 9th Annual Mesquite Meander will be held on Friday,
May 17, 2019, and Saturday, May 18, 2019, at the Mesquite Cemetery and invited citizens to attend.
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APPOINTMENTS FOR PERSONAL APPEARANCE
5 Appointment - Representatives of Hilltop Securities, Inc.
(Representatives of Hilltop Securities, Inc., will review pricing for the issuance
and sale of bonds and discuss the project agreement with Mesquite Quality of
Life Corporation.)
Jason Hughes, Managing Director, Hilltop Securities, Inc., stated that the bonds
were sold through a competitive sale process. He reviewed pricing for the
issuance and sale of three bond issues: (1) $10,065,000, Combination Tax and
Limited Surplus Revenue Certificates of Obligation, Series 2019; (2) $15,260,000,
Waterworks and Sewer System Revenue Bonds, Series 2019 and (3) $7,910,000,
Municipal Drainage Utility Revenue Bonds, Series 2019.
6 An ordinance of the City of Mesquite, Texas, authorizing the issuance and sale
of City of Mesquite, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2019; levying a tax in payment thereof;
prescribing the form of said certificates; awarding the sale of the certificates;
approving the official statement; approving and enacting other provisions
relating thereto.
Mr. Archer moved to approve Ordinance No. 4665, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF CITY OF
MESQUITE, TEXAS COMBINATION TAX AND LIMITED SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2019, IN THE AGGREGATE PRINCIPAL
AMOUNT OF $10,065,000; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING
THE FORM OF SAID CERTIFICATES; AWARDING THE SALE OF THE
CERTIFICATES; APPROVING THE OFFICIAL STATEMENT; APPROVING AND
ENACTING OTHER PROVISIONS RELATING THERETO. Motion was seconded by
Mr. Boroughs and approved unanimously. (Ordinance No. 4665 recorded in
Ordinance Book No. 115.)
7 An ordinance of the City of Mesquite, Texas, authorizing the issuance of City of
Mesquite, Texas, Waterworks and Sewer System Revenue Bonds, Series
2019; approving an official statement; awarding the sale of the bonds; making
provisions for the security thereof; providing an effective date; approving and
enacting other provisions relating thereto.
Mr. Aleman moved to approve Ordinance No. 4666, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF MESQUITE,
TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2019 IN
THE AGGREGATE PRINCIPAL AMOUNT OF $15,260,000 APPROVING AN OFFICIAL
STATEMENT; AWARDING THE SALE OF THE BONDS; MAKING PROVISIONS FOR
THE SECURITY THEREOF; PROVIDING AN EFFECTIVE DATE; APPROVING AND
ENACTING OTHER PROVISIONS RELATING THERETO. Motion was seconded by
Mr. Casper and approved unanimously. (Ordinance No. 4666 recorded in
Ordinance Book No. 115.)
8 An ordinance of the City of Mesquite, Texas, authorizing the issuance of City of
Mesquite, Texas, Municipal Drainage Utility System Revenue Bonds, Series
2019; approving an official statement; awarding the sale of the bonds; making
provisions for the security thereof; approving and enacting other provisions
relating thereto.
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Mr. Boroughs moved to approve Ordinance No. 4667, AN ORDINANCE OF THE
CITY OF MESQUITE, TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF
MESQUITE, TEXAS MUNICIPAL DRAINAGE UTILITY SYSTEM REVENUE BONDS,
SERIES 2019 IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,910,000,
APPROVING AN OFFICIAL STATEMENT, AWARDING THE SALE OF THE BONDS,
MAKING PROVISIONS FOR THE SECURITY THEREOF; APPROVING AND
ENACTING OTHER PROVISIONS RELATING THERETO. Motion was seconded by
Mr. Archer and approved unanimously. (Ordinance No. 4667 recorded in
Ordinance Book No. 115.)
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Casper requested that Item No. 25 be removed from the Consent Agenda to
be considered separately. Mr. Archer moved to approve the remaining 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 April 15, 2019.
Approved on the Consent Agenda.
10 An ordinance correcting Ordinance No. 4662, passed by the Mesquite City
Council on April 1, 2019, replacing the property description provided in Exhibit
“A” of Ordinance No. 4662, with a new Exhibit “A” to the corrected ordinance,
and making nonsubstantive corrections to the angle, bearing and distance calls
in the property description.
Approved on the Consent Agenda.
Ordinance No. 4668, AN ORDINANCE CORRECTING ORDINANCE NO. 4662,
PASSED BY THE MESQUITE CITY COUNCIL ON APRIL 1, 2019; REPLACING THE
PROPERTY DESCRIPTION PROVIDED IN EXHIBIT “A” OF ORDINANCE NO. 4662,
WITH THE EXHIBIT “A” ATTACHED TO THIS ORDINANCE; MAKING
NONSUBSTANTIVE CORRECTIONS TO THE ANGLE, BEARING AND DISTANCE
CALLS IN THE PROPERTY DESCRIPTION; REPEALING ALL ORDINANCES IN
CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND
PROVIDING AN EFFECTIVE DATE. (Ordinance No. 4668 recorded in Ordinance
Book No. 115.)
11 An ordinance extending night flash operations at selected signalized
intersections and authorizing Traffic Engineering Division staff to add or remove
locations to the night flash operations or to adjust night flash times as traffic
engineering judgement dictates.
Approved on the Consent Agenda.
Ordinance No. 4669, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
EXTENDING NIGHT FLASH OPERATIONS AT SELECTED SIGNALIZED
INTERSECTIONS AND AUTHORIZING TRAFFIC ENGINEERING STAFF TO ADD OR
REMOVE LOCATIONS TO THE NIGHT FLASH OPERATIONS OR TO ADJUST NIGHT
FLASH TIMES AS TRAFFIC ENGINEERING JUDGMENT DICTATES; PROVIDING A
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REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE THEREOF. (Ordinance No. 4669 recorded in Ordinance Book No.
115.)
12 A resolution in support of a complete census count for the 2020 decennial
census and establishment of a Complete Count Committee.
Approved on the Consent Agenda.
Resolution No. 32-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, SUPPORTING THE COMPLETE CENSUS COUNT FOR THE 2020
DECENNIAL CENSUS AND ESTABLISHING A COMPLETE COUNT COMMITTEE.
(Resolution No. 32-2019 recorded in Resolution Book No. 57.)
13 A resolution approving and authorizing the execution and delivery of a project
agreement with Mesquite Quality of Life Corporation for the payment of costs
related to reconstruction of Town East Boulevard from US Highway 80 to
Skyline Drive and construction and installation of an adjacent pedestrian trail on
the east side of Town East Boulevard in the area to be reconstructed; approving
expenditure of funds by the Corporation in connection therewith; and containing
other provisions related thereto.
Approved on the Consent Agenda.
Resolution No. 33-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN AGREEMENT REGARDING THE CONSTRUCTION OF STREET,
ROAD AND PEDESTRIAN TRAIL INFRASTRUCTURE WITH MESQUITE QUALITY OF
LIFE CORPORATION (“CORPORATION”) FOR THE PAYMENT OF COSTS RELATED
TO: (i) THE RECONSTRUCTION OF TOWN EAST BOULEVARD, FROM US HIGHWAY
80 TO SKYLINE DRIVE; (ii) THE CONSTRUCTION AND INSTALLATION OF AN
ADJACENT PEDESTRIAN TRAIL ON THE EAST SIDE OF TOWN EAST BOULEVARD
IN THE AREA TO BE RECONSTRUCTED; AND (iii) OTHER PURPOSES PERMITTED
BY LAW; APPROVING EXPENDITURE OF FUNDS BY THE CORPORATION IN
CONNECTION THEREWITH; AND CONTAINING OTHER PROVISIONS RELATED
THERETO. (Resolution No. 33-2019 recorded in Resolution Book No. 57.)
14 A resolution finding that Oncor Electric Delivery Company LLC’s application for
approval to amend its Distribution Cost Recovery Factor pursuant to Title 16 of
the Texas Administrative Code, Section 25.243, to increase distribution rates
within the City should be denied; finding that the City’s reasonable rate case
expenses shall be reimbursed by the Company; finding that the meeting at
which this resolution is passed is open to the public as required by law; and
requiring notice of this resolution to the Company and legal counsel.
Approved on the Consent Agenda.
Resolution No. 34-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY LLC’S
APPLICATION FOR APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY
FACTOR PURSUANT TO 16 TEX. ADMIN. CODE § 25.243 TO INCREASE
DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE
CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE
COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND REQUIRING
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City Council Minutes - Final May 6, 2019
NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.
(Resolution No. 34-2019 recorded in Resolution Book No. 57.)
15 A resolution approving and authorizing the execution and delivery of a project
agreement with the Towne Centre Reinvestment Zone Number Two, City of
Mesquite, Texas, (TIRZ) for the payment of costs related to the drainage
reconstruction project of South Mesquite Creek located within the TIRZ
boundaries; approving expenditure of funds by the TIRZ in connection therewith;
and containing other provisions related thereto.
Approved on the Consent Agenda.
Resolution No. 35-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN AGREEMENT REGARDING THE CONSTRUCTION OF DRAINAGE
IMPROVEMENTS WITHIN THE TOWNE CENTRE REINVESTMENT ZONE NUMBER
TWO, CITY OF MESQUITE, TEXAS (THE “ZONE”), PROVIDING FOR THE PAYMENT
OF COSTS RELATED TO THE DRAINAGE RECONSTRUCTION PROJECT OF SOUTH
MESQUITE CREEK LOCATED WITHIN THE ZONE BOUNDARIES, APPROVING
EXPENDITURE OF FUNDS BY THE ZONE IN CONNECTION THEREWITH; AND
CONTAINING OTHER PROVISIONS RELATED THERETO. (Resolution No. 35-2019
recorded in Resolution Book No. 57.)
16 Bid No. 2019-061 - Water Valve Assessments.
(Staff recommends all bids be rejected.)
Approved on the Consent Agenda.
17 Bid No. 2019-071 - Annual Lease Agreement for Konica C3080 Color Printer.
(Authorize the City Manager to finalize and execute a contract with Konica
Minolta Business Solutions U.S.A., Inc., through Texas Department of
Information Resources Contract No. DIR-TSO-3082, in the annual amount of
$64,524.00. The term of this lease is for 48 months, subject to annual
appropriation of sufficient funds.)
Approved on the Consent Agenda.
18 Bid No. 2019-078 - Annual Purchase of Ethernet Switch Equipment.
(Staff recommends award to Sology Solutions, through the Texas Department
of Information Resources Contract No. DIR-TSO-4167, in the amount of
$60,298.18.)
Approved on the Consent Agenda.
19 Authorize the City Manager to finalize and execute a professional engineering
services contract with Huitt-Zollars, Inc., for the engineering design of a
cured-in-place-pipe (CIPP) to rehabilitate approximately 3,260 feet of reinforced
concrete pipe (RCP) sanitary sewer and the replacement of an existing aerial
crossing pier for a 45-inch sanitary sewer in the amount of $161,100.00.
Approved on the Consent Agenda.
20 Authorize the City Manager to finalize and execute a Memorandum of
Understanding between the City of Mesquite and Dallas County Community
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City Council Minutes - Final May 6, 2019
College District (DCCCD) for Mesquite Police Department response on
DCCCD matters.
Approved on the Consent Agenda.
21 Authorize the City Manager to finalize and execute a Letter of Understanding
with Talty Special Utility District for a limited transfer of Certificate of
Convenience and Necessity (CCN) area to the City of Mesquite.
Approved on the Consent Agenda.
22 Authorize the City Manager to finalize and execute an amendment to a contract
with Binkley & Barfield, Inc., for additional design and preparation of construction
documents for the Gus Thomasson Road Reconstruction Project (Town East
Boulevard to US Highway 80) in the amount of $45,500.00.
Approved on the Consent Agenda.
23 Authorize the acquisition of a public trail easement and a drainage easement
from American Multi-Cinema, Inc., for the construction of Mesquite Heritage
Trail, Phase 2, located at 2100 E. US Highway 80 in the amount of $63,272.00
plus related closing costs and authorize the City Manager to execute any
necessary documents.
Approved on the Consent Agenda.
24 Authorize an increase in the contract between the City and Banowsky & Levine,
P.C., for the provision of legal services, advice and counsel to the City of
Mesquite in connection with Cause No. DC-18-16933 in the amount not to
exceed $50,000.00, for a total contract amount not to exceed $100,000.00.
Approved on the Consent Agenda.
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
25 A resolution accepting the preliminary Service and Assessment Plan for
authorized improvements within the Iron Horse Public Improvement District,
setting a date for a public hearing on the proposed Levy of Assessments,
authorizing the publication and mailing of notice and enacting other provisions
relating thereto.
Mr. Casper moved to approve Resolution No. 36-2019, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ACCEPTING THE
PRELIMINARY SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED
IMPROVEMENTS WITHIN THE IRON HORSE PUBLIC IMPROVEMENT DISTRICT;
SETTING A DATE FOR PUBLIC HEARING ON THE PROPOSED LEVY OF
ASSESSMENTS; AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE; AND
ENACTING OTHER PROVISIONS RELATING THERETO. Motion was seconded by
Mr. Aleman. On call for a vote on the motion, the following votes were cast:
Ayes: Casper, Aleman, Pickett, Boroughs, Archer
Nayes: None
Abstentions: Miklos
Absent: Noschese
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City Council Minutes - Final May 6, 2019
Motion carried. (Resolution No. 36-2019 recorded in Resolution Book No. 57.)
END OF CONSENT AGENDA
PUBLIC HEARING
26 Conduct a public hearing and consider Application No. Z0319-0087 submitted
by Salah Zoubi for a Zoning Change from THN, Truman Heights
Neighborhood-Mandatory Ground Floor Retail to GR, General Retail to allow
minor automobile repair uses in addition to other uses allowed in the General
Retail zoning district on property described as Lots 1-3, Block 3, Truman
Heights Addition, City of Mesquite, Dallas County, TX, located at 1816 North
Galloway Avenue.
(No responses in favor or in opposition to the application have been received
from property owners within the statutory notification area. The Planning and
Zoning Commission recommends denial of the request.)
A public hearing was held for Application No. Z0319-0087.
Jeff Armstrong, Director of Planning and Development Services, stated that the
applicant is proposing to construct a minor automotive repair facility behind the
Conoco gas station and convenience store, which is currently located on the
property.
Applicant Salah Zoubi stated that he has owned the convenience store since
1992. He would like to operate a minor automotive repair business that would
include oil changes, tire repairs and State vehicle inspections.
No one appeared regarding the proposed application.
Mr. Casper moved to deny Application No. Z0319-0087. Motion was seconded by
Mr. Aleman and approved unanimously.
APPOINTMENTS TO BOARDS AND COMMISSIONS
27 Consider appointment of two representatives to attend the City /School Joint Tax
Office Advisory Board meeting on Wednesday, June 5, 2019, at 1:30 p.m.
Mr. Archer moved to appoint Tandy Boroughs and Dan Aleman to serve as the
City’s representatives on the City/School Joint Tax Office Advisory Board at the
meeting scheduled to be held Wednesday, June 5, 2019, at 1:30 p.m. Motion was
seconded by Mr. Miklos and approved unanimously.
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City Council Minutes - Final May 6, 2019
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 9:05 P.M.
Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section
551.074 of the Texas Government Code to 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 City
employees (Discuss annual review of Municipal Court Judge); whereupon, the City Council proceeded
to meet in the Executive Conference Room. After the closed meeting ended at 9:20 p.m., the City
Council reconvened in Open Session.
No executive action was necessary.
ADJOURNMENT
Mr. Boroughs moved to adjourn the meeting. Motion was seconded by Mr.
Aleman and approved unanimously. The meeting adjourned at 9:20 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, May 6, 2019 5:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 19-4111 Receive briefing regarding draft multifamily residential standards and
park land dedication.
2 19-4121 Discuss proposed residential development on FM 2932 and
Extraterritorial Jurisdiction (ETJ) boundary adjustments.
Attachments: Location Map FM 2932
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:00 P.M.
In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to
adjourn into executive session to discuss any of the following:
• Pending and/or Contemplated Litigation
• Purchase, Exchange, Lease or Value of Real Property
• Personnel Matters
• Economic Development
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M.
3 19-4115 Receive quarterly report from the Police Department.
Attachments: Police Department Overview
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Dr. E. Jones Doughton, Pastor, First Presbyterian Church of Mesquite, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
National Elementary Honor Society students, Price Elementary School.
City of Mesquite, Texas Page 1 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
PRESENTATIONS
4 19-4105 Recognize Small Business Week video participants.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
The following announcements may be made:
• Muscular Dystrophy Association Fill-the-Boot campaign presentation.
• Texas Main Street staff recognition.
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.
APPOINTMENTS FOR PERSONAL APPEARANCE
5 19-4092 Appointment - Representatives of Hilltop Securities, Inc.
(Representatives of Hilltop Securities, Inc., will review pricing for the
issuance and sale of bonds and discuss the project agreement with
Mesquite Quality of Life Corporation.)
6 19-4089 An ordinance of the City of Mesquite, Texas, authorizing the issuance and
sale of City of Mesquite, Texas, Combination Tax and Limited Surplus
Revenue Certificates of Obligation, Series 2019; levying a tax in payment
thereof; prescribing the form of said certificates; awarding the sale of the
certificates; approving the official statement; approving and enacting other
provisions relating thereto.
Attachments: Bond Ordinance - Certificate of Obligations 2019
7 19-4090 An ordinance of the City of Mesquite, Texas, authorizing the issuance of
City of Mesquite, Texas, Waterworks and Sewer System Revenue Bonds,
Series 2019; approving an official statement; awarding the sale of the
bonds; making provisions for the security thereof; providing an effective
date; approving and enacting other provisions relating thereto.
Attachments: Bond Ordinance - Water Sewer Bonds 2019
8 19-4091 An ordinance of the City of Mesquite, Texas, authorizing the issuance of
City of Mesquite, Texas, Municipal Drainage Utility System Revenue Bonds,
Series 2019; approving an official statement; awarding the sale of the
bonds; making provisions for the security thereof; approving and enacting
other provisions relating thereto.
City of Mesquite, Texas Page 2 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
Attachments: Bond Ordinance - Drainage Bonds 2019
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 19-4100 Minutes of the regular City Council meeting held April 15, 2019.
Attachments: 04.15.2019m
10 19-4109 An ordinance correcting Ordinance No. 4662, passed by the Mesquite City
Council on April 1, 2019, replacing the property description provided in
Exhibit “A” of Ordinance No. 4662, with a new Exhibit “A” to the corrected
ordinance, and making nonsubstantive corrections to the angle, bearing
and distance calls in the property description.
Attachments: Ordinance - Correction 4662
11 19-4118 An ordinance extending night flash operations at selected signalized
intersections and authorizing Traffic Engineering Division staff to add or
remove locations to the night flash operations or to adjust night flash
times as traffic engineering judgement dictates.
Attachments: Ordinance - Night Flash
Night Flash Memo
Authorized Night Flash Locations
Location Map
12 19-4086 A resolution in support of a complete census count for the 2020 decennial
census and establishment of a Complete Count Committee.
Attachments: Resolution - Complete Census Count
13 19-4093 A resolution approving and authorizing the execution and delivery of a
project agreement with Mesquite Quality of Life Corporation for the
payment of costs related to reconstruction of Town East Boulevard from
US Highway 80 to Skyline Drive and construction and installation of an
adjacent pedestrian trail on the east side of Town East Boulevard in the
area to be reconstructed; approving expenditure of funds by the
Corporation in connection therewith; and containing other provisions
related thereto.
Attachments: Resolution - 4B Agreement
14 19-4099 A resolution finding that Oncor Electric Delivery Company LLC’s
application for approval to amend its Distribution Cost Recovery Factor
pursuant to Title 16 of the Texas Administrative Code, Section 25.243, to
increase distribution rates within the City should be denied; finding that
the City’s reasonable rate case expenses shall be reimbursed by the
City of Mesquite, Texas Page 3 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
Company; finding that the meeting at which this resolution is passed is
open to the public as required by law; and requiring notice of this
resolution to the Company and legal counsel.
Attachments: Resolution - Oncor
15 19-4102 A resolution approving and authorizing the execution and delivery of a
project agreement with the Towne Centre Reinvestment Zone Number
Two, City of Mesquite, Texas, (TIRZ) for the payment of costs related to
the drainage reconstruction project of South Mesquite Creek located
within the TIRZ boundaries; approving expenditure of funds by the TIRZ
in connection therewith; and containing other provisions related thereto.
Attachments: Resolution - Towne Centre TIRZ
16 19-4112 Bid No. 2019-061 - Water Valve Assessments.
(Staff recommends all bids be rejected.)
Attachments: Bid Tabulation - 2019-061
17 19-4061 Bid No. 2019-071 - Annual Lease Agreement for Konica C3080 Color
Printer.
(Authorize the City Manager to finalize and execute a contract with Konica
Minolta Business Solutions U.S.A., Inc., through Texas Department of
Information Resources Contract No. DIR-TSO-3082, in the annual amount
of $64,524.00. The term of this lease is for 48 months, subject to annual
appropriation of sufficient funds.)
Attachments: Konica C3080 Machine Specification Sheet
18 19-4098 Bid No. 2019-078 - Annual Purchase of Ethernet Switch Equipment.
(Staff recommends award to Sology Solutions, through the Texas
Department of Information Resources Contract No. DIR-TSO-4167, in the
amount of $60,298.18.)
Attachments: Quote
19 19-4096 Authorize the City Manager to finalize and execute a professional
engineering services contract with Huitt-Zollars, Inc., for the engineering
design of a cured-in-place-pipe (CIPP) to rehabilitate approximately 3,260
feet of reinforced concrete pipe (RCP) sanitary sewer and the replacement
of an existing aerial crossing pier for a 45-inch sanitary sewer in the
amount of $161,100.00.
Attachments: Location Map
20 19-4114 Authorize the City Manager to finalize and execute a Memorandum of
Understanding between the City of Mesquite and Dallas County
Community College District (DCCCD) for Mesquite Police Department
response on DCCCD matters.
Attachments: Memorandum of Understanding
City of Mesquite, Texas Page 4 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
21 19-4120 Authorize the City Manager to finalize and execute a Letter of
Understanding with Talty Special Utility District for a limited transfer of
Certificate of Convenience and Necessity (CCN) area to the City of
Mesquite.
Attachments: Location Map of CCN Transfer
List of Accounts
22 19-4104 Authorize the City Manager to finalize and execute an amendment to a
contract with Binkley & Barfield, Inc., for additional design and
preparation of construction documents for the Gus Thomasson Road
Reconstruction Project (Town East Boulevard to US Highway 80) in the
amount of $45,500.00.
23 19-4088 Authorize the acquisition of a public trail easement and a drainage
easement from American Multi-Cinema, Inc., for the construction of
Mesquite Heritage Trail, Phase 2, located at 2100 E. US Highway 80 in the
amount of $63,272.00 plus related closing costs and authorize the City
Manager to execute any necessary documents.
Attachments: AMC partially executed easement documents
Location Map
24 19-4106 Authorize an increase in the contract between the City and Banowsky &
Levine, P.C., for the provision of legal services, advice and counsel to the
City of Mesquite in connection with Cause No. DC-18-16933 in the amount
not to exceed $50,000.00, for a total contract amount not to exceed
$100,000.00.
25 19-4116 A resolution accepting the preliminary Service and Assessment Plan for
authorized improvements within the Iron Horse Public Improvement
District, setting a date for a public hearing on the proposed Levy of
Assessments, authorizing the publication and mailing of notice and
enacting other provisions relating thereto.
Attachments: Resolution - Iron Horse SAP
PUBLIC HEARING
(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.)
26 19-4103 Conduct a public hearing and consider Application No. Z0319-0087
submitted by Salah Zoubi for a Zoning Change from THN, Truman Heights
Neighborhood-Mandatory Ground Floor Retail to GR, General Retail to
allow minor automobile repair uses in addition to other uses allowed in
the General Retail zoning district on property described as Lots 1-3, Block
3, Truman Heights Addition, City of Mesquite, Dallas County, TX, located at
1816 North Galloway Avenue.
City of Mesquite, Texas Page 5 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
(No responses in favor or in opposition to the application have been
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends denial of the request.)
Attachments: Case Summary
Staff report & maps
P & Z Minutes
APPOINTMENTS TO BOARDS AND COMMISSIONS
27 19-4107 Consider appointment of two representatives to attend the City/School
Joint Tax Office Advisory Board meeting on Wednesday, June 5, 2019, at
1:30 p.m.
Attachments: Joint Tax Meeting Appointments
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to
consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects
may be discussed:
1. James H. Watson and Others Similarly Situated v. City of Allen, City of Amarillo, City of Arlington, City of
Austin, City of Balch Springs, City of Balcones Heights, City of Bastrop, City of Baytown, City of Bedford,
City of Burleson, City of Cedar Hill, City of Cleveland, City of Conroe, City of Coppell, City of Corpus Christi,
City of Dallas, City of Denton, City of Diboll, City of Duncanville, City of El Paso, City of Elgin, City of
Farmers Branch, City of Fort Worth, City of Frisco, City of Garland, City of Grand Prairie, City of Haltom
City, City of Humble, City of Hurst, City of Hutto, City of Irving, City of Jersey Village, City of Killeen, City of
League City, City of Little Elm, City of Longview, City of Lufkin, City of Magnolia, City of Marshall, City of
Mesquite, City of North Richland Hills, City of Plano, City of Port Lavaca, City of Richardson, City of
Richland Hills, City of Roanoke, City of Round Rock, City of Southlake, City of Sugar Land, City of Tomball,
City of University Park, City of Watauga, City of Willis, Redflex Traffic Systems, Inc., American Traffic
Solutions, Inc., American Traffic Solutions, LLC, Xerox State & Local Solutions, Inc., f/k/a ACS State & Local
Solutions, Inc., and the State of Texas – Filed 4-28-15
2. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City of
Mesquite, Texas; Jack Fyall; Richard Houston; Alan Gafford; Zachary Scott; William Heidelburg; Paul
Polish; Joe Baker; Bill Hedgpeth – Filed 8-12-15
City of Mesquite, Texas Page 6 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
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. 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
7. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18
8. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem –
Filed 3-1-18
9. Ex Parte North Texas Municipal Water District – Filed 5-7-18
10. City of Mesquite v. Govind Group Corp. – Filed 8-31-18
11. 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
12. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18
13. 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
14. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment – Filed 11-8-18
15. Julia Y. Hodges and Yamileth Hodges v. City of Mesquite – Filed 12-4-18
16. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite – Filed 1-7-19
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.
• Annual review of Municipal Court Judge.
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.
City of Mesquite, Texas Page 7 Monday, May 6, 2019
City Council Meeting Agenda May 6, 2019
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, May 6, 2019
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