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City Council

Regular Meeting

Mesquite, TX · May 6, 2019

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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. City of Mesquite, Texas Page 1 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. City of Mesquite, Texas Page 2 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. City of Mesquite, Texas Page 3 City Council Minutes - Final May 6, 2019 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. City of Mesquite, Texas Page 4 City Council Minutes - Final May 6, 2019 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 City of Mesquite, Texas Page 5 City Council Minutes - Final May 6, 2019 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 City of Mesquite, Texas Page 6 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 City of Mesquite, Texas Page 7 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 City of Mesquite, Texas Page 8 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. City of Mesquite, Texas Page 9 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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