City Council
Regular MeetingMesquite, TX · May 20, 2019
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, May 20, 2019 4:30 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Tandy Boroughs, Greg Noschese, Bruce Archer,
Jeff Casper and Robert Miklos, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Mayor Pro Tem Dan Aleman.
PRE-MEETING - TRAINING ROOMS A&B - 4:30 P.M.
AGENDA REVIEW
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:35 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 appointment of North Texas Municipal Water District Board Member ); whereupon,
the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended
at 5:10 p.m., the City Council reconvened in Open Session.
No executive action was necessary.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:15 P.M.
1 Receive financial statement for period covering October 1, 2018, through March
31, 2019.
Debbie Mol, Director of Finance, presented the financial statement for period
covering October 1, 2018, through March 31, 2019.
The work session ended at 6:30 p.m.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Rev. Reginald Jefferson, Senior Pastor, New Hope Baptist Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Public Works Department.
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PRESENTATIONS
2 Recognize Real. Texas. Service. Champions.
City Manager Cliff Keheley stated that the Real. Texas. Service. Champions
program was created as an opportunity for employees to be recognized for their
service to the organization and Mesquite community. A brief video was shown
describing each employee’s contributions to the City of Mesquite.
Mayor Pickett, City Councilmembers and City Manager Cliff Keheley presented
Certificates of Appreciation to the following employees in honor of their service
to the City of Mesquite: Sydney Paige, Animal Shelter; Mary Wavrusa, Library
Services; Jameka Peters, Utility Billing; and Jacob Gallardo, Utilities.
SPECIAL ANNOUNCEMENTS
1) Mr. Casper thanked City staff for helping to make the recent Mesquite Recycles Day a huge
success. Despite the rain, more than 600 residents were served.
2) Mr. Miklos invited residents to attend a free Neighborhood Toolkit Workshop on Thursday, June 20,
2019, at Florence Recreation Center, 2501 Whitson Way, from 6:00 p.m. to 8:00 p.m. Attendees will
learn ways to build stronger neighborhood engagement.
3) Mr. Boroughs encouraged citizens to attend the kick-off summer event, Summer Sizzle, on
Saturday, June 8, 2019, at Paschall Park, from 4:00 p.m. to 10:30 p.m. Enjoy live music, food trucks,
children’s activities, a mud volleyball tournament, fireworks and much more. Attendees who bring a jar
of peanut butter or jelly to donate to the Spread the Love campaign, to help local food pantries, will
receive three tickets to the Kids Activity Zone.
4) Mr. Archer stated that he recently attended the Annual Special Needs Prom, hosted by the Mesquite
Elks Lodge, and thanked everyone who participated in making this a special night.
5) Mr. Archer expressed appreciation to Historic Mesquite, Inc ., for hosting the Annual Mesquite
Meander this past weekend.
6) Mr. Archer thanked everyone who helped last week with First Lady Cecilia Abbott ’s downtown
Mesquite visit. She unveiled her special rendering for Downtown Mesquite as part of a special
ceremony to celebrate the designation of Mesquite as a Texas Main Street community. He
acknowledged members of the Mesquite Downtown Development Advisory Board – Brad Brandt, Kyle
Berry, Belinda Epps, Helen Ethridge, Art Greenhaw, Julie Greer, Lisa Haar, Carolyn Miller, Mike Oswalt,
Bill Porter, Jennifer Vidler and Brooks Watts.
7) Mayor Pickett stated that the City Council is moving to a Single Member District format. Public
education meetings will be held on 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 be interested in filing
for a City Council position on various aspects of City operations.
8) Mr. Noschese encouraged residents to attend free outdoor concerts in June, hosted by the
Mesquite Arts Center. The Mesquite Community Band will perform on Monday nights at 7:00 p.m. and
JazzBreaks will take place on Tuesday nights at 7:30 p.m.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Casper requested that Item Nos. 14-16 be removed from the Consent Agenda
to be considered separately. Mr. Miklos requested that Item No. 5 be removed
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from the Consent Agenda to be considered separately. Mr. Casper moved to
approve the remaining items on the Consent Agenda, as follows. Motion was
seconded by Mr. Archer and approved unanimously.
3 Minutes of the regular City Council meeting held May 6, 2019.
Approved on the Consent Agenda.
4 An ordinance amending Chapter 16 of the City Code thereby updating the
causes for disconnection of water service.
Approved on the Consent Agenda.
Ordinance No. 4670, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 16 OF THE MESQUITE CITY CODE, AS AMENDED, BY
DELETING SECTION 16-4 IN ITS ENTIRETY AND ADDING A NEW SECTION 16-4
THEREBY UPDATING THE CAUSES FOR DISCONNECTION OF WATER SERVICE;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE. (Ordinance No. 4670 recorded in Ordinance
Book No. 115.)
6 An ordinance authorizing the sale of beer and wine for off -premise consumption
only on a certain area annexed by the City.
Approved on the Consent Agenda.
Ordinance No. 4671, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AUTHORIZING THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION
ONLY ON A CERTAIN AREA ANNEXED BY THE CITY, SPECIFICALLY DESCRIBED
AS THE 25.464 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF IH-20 AND FM-741, IN THE MARTHA MUSIC SURVEY, ABSTRACT NO.
312, KAUFMAN COUNTY, TEXAS. (Ordinance No. 4671 recorded in Ordinance
Book No. 115.)
7 A resolution adopting the City Council’s 2019-2020 Strategic Goals and
Objectives.
Approved on the Consent Agenda.
Resolution No. 38-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADOPTING STRATEGIC GOALS AND OBJECTIVES FOR
FISCAL YEAR 2019-20. (Resolution No. 38-2019 recorded in Resolution Book No.
57.)
8 A resolution of the City Council of the City of Mesquite, Texas, authorizing the
City Manager to finalize and execute a development agreement with Oak
National Holdings, LLC, regarding approximately 363 acres of land generally
located southwest of FM 2932 and southeast of Griffin Lane in Kaufman County,
Texas, located primarily within the extraterritorial jurisdiction of the City of
Mesquite and being commonly referred to as “FM 2932 development” and
authorizing the City Manager to finalize and administer the agreement on behalf
of the city.
Approved on the Consent Agenda.
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Resolution No. 39-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND
EXECUTE A DEVELOPMENT AGREEMENT WITH OAK NATIONAL HOLDINGS, LLC,
REGARDING APPROXIMATELY 363 ACRES OF LAND GENERALLY LOCATED
SOUTHWEST OF FM 2932 AND SOUTHEAST OF GRIFFIN LANE IN KAUFMAN
COUNTY, TEXAS, LOCATED PRIMARILY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF MESQUITE AND BEING COMMONLY REFERRED
TO AS “FM 2932 DEVELOPMENT” AND AUTHORIZING THE CITY MANAGER TO
FINALIZE AND ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY.
(Resolution No. 39-2019 recorded in Resolution Book No. 57.)
9 Bid No. 2019-022 - Hoops, Haddock, Cascade, Oriole, Ervin and Valley View
Heights Paving.
(Authorize the City Manager to finalize and execute a contract with low bidder
Texas Material Group, Inc., dba TexasBit, in the amount of $1,136,358.49.)
Approved on the Consent Agenda.
10 Authorize an increase in the contract between the City and George Brothers
Kincaid & Horton, L.L.P., for the provision of legal services, advice and counsel
to the City of Mesquite in connection with several bond validation matters in
Collin and Travis Counties in the amount not to exceed $25,000.00, for a total
contract amount of $75,000.00.
Approved on the Consent Agenda.
11 Authorize the Mayor to execute an amendment to the employment agreement
between the City of Mesquite, Texas, and Municipal Court Judge Stephen
Crane.
Approved on the Consent Agenda.
12 Authorize the City Manager to execute Change Order No. 3 to Bid No. 2018-064,
Annual Contract for Utility Concrete Repairs (Area 2), with Overall Concrete
Solutions in the amount of $16,982.25.
Approved on the Consent Agenda.
13 Approve Amendment No. 5 to the 2018-19 Police State Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and Chapter
59 of the Texas Code of Criminal Procedure in the amount of $192,000.00.
Approved on the Consent Agenda.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
5 An ordinance approving a Façade Improvement Program (the “DM Façade
Improvement Program”) to make grants from the Tax Increment Fund of the
Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas, (the
“Zone”) to encourage the rehabilitation, enhancement, restoration and
preservation of building facades located within a designated portion of the
Downtown area of the City of Mesquite, Texas (“City”), approving and conferring
the powers of a municipality under Chapter 380 of the Texas Local Government
Code for the Zone, only as necessary or convenient to implement the DM
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Façade Improvement Program as an economic development incentive under
the project and financing plan for the Zone, approving an amount not to exceed
$80,000.00 for grants under the DM Façade Improvement Program for the
remainder of the City’s Fiscal Year 2018-19, approving the amount not to
exceed $80,000.00 for grants under the DM Façade Improvement Program for
each Fiscal Year of the City thereafter and containing other provisions related
thereto.
Mr. Noschese moved to approve Ordinance No. 4672, with the following changes
to any reference in the ordinance: (1) Remove building permits, sign permits and
inspection fees from the list of non-eligilble reimbursements and move to eligible
reimbursements, (2) Remove architectural, engineering and surveying fees from
the list of non-eligibile reimbursements and move to eligible reimbursements
and (3) Continue to include legal fees and other professional fees as non-eligible
reimbursements, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
APPROVING A FAÇADE IMPROVEMENT PROGRAM (THE “DM FAÇADE
IMPROVEMENT PROGRAM”) TO MAKE GRANTS FROM THE TAX INCREMENT
FUND OF THE TOWNE CENTRE REINVESTMENT ZONE NUMBER TWO, CITY OF
MESQUITE, TEXAS (THE “ZONE”) TO ENCOURAGE THE REHABILITATION,
ENHANCEMENT, RESTORATION AND PRESERVATION OF BUILDING FACADES
LOCATED WITHIN A DESIGNATED PORTION OF THE DOWNTOWN AREA OF THE
CITY OF MESQUITE, TEXAS (“CITY”), APPROVING AND CONFERRING THE
POWERS OF A MUNICIPALITY UNDER CHAPTER 380 OF THE TEXAS LOCAL
GOVERNMENT CODE FOR THE ZONE, ONLY AS NECESSARY OR CONVENIENT TO
IMPLEMENT THE DM FAÇADE IMPROVEMENT PROGRAM AS AN ECONOMIC
DEVELOPMENT INCENTIVE UNDER THE PROJECT AND FINANCING PLAN FOR THE
ZONE, APPROVING AN AMOUNT NOT TO EXCEED $80,000.00 FOR GRANTS UNDER
THE DM FAÇADE IMPROVEMENT PROGRAM FOR THE REMAINDER OF THE CITY’S
FISCAL YEAR 2018-19, APPROVING THE AMOUNT NOT TO EXCEED $80,000.00
FOR GRANTS UNDER THE DM FAÇADE IMPROVEMENT PROGRAM FOR EACH
FISCAL YEAR OF THE CITY THEREAFTER, CONTAINING OTHER PROVISIONS
RELATED THERETO; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was
seconded by Mr. Casper and approved unanimously. (Ordinance No. 4672
recorded in Ordinance Book No. 115.)
14 A resolution accepting the preliminary Service and Assessment Plan for
authorized improvements within the Polo Ridge Public Improvement District No .
2, 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.
Roy Magno, Consultant for Centurion American, stated that the Iron Horse Project
is scheduled to begin in June or July 2019 with completion of the public
improvments in 12-14 months, weather permitting. The Polo Ridge Project is
scheduled to begin in July or August 2019 with the public improvements
completed in 16-18 months, due to the topography of the land.
Mr. Noschese moved to approve Resolution No. 40-2019, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ACCEPTING THE
PRELIMINARY SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED
IMPROVEMENTS WITHIN THE POLO RIDGE PUBLIC IMPROVEMENT DISTRICT NO.
2; 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
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City Council Minutes - Final May 20, 2019
Mr. Archer. On call for a vote on the motion, the following votes were cast:
Ayes: Noschese, Archer, Pickett, Boroughs, Casper
Nayes: None
Abstention: Miklos
Absent: Aleman
Motion carried. (Resolution No. 40-2019 recorded in Resolution Book No. 57.)
15 A resolution approving the form and authorizing the distribution of a Preliminary
Limited Offering Memorandum for the City of Mesquite, Texas, Special
Assessment Revenue Bonds, Series 2019 (Polo Ridge Public Improvement
District No. 2 Phase #1 Project) and approving the form and authorizing the
distribution of a Preliminary Limited Offering Memorandum for the City of
Mesquite, Texas, Special Assessment Revenue Bonds, Series 2019 (Polo
Ridge Public Improvement District No. 2 Phase #2-6 Major Improvement
Project), and resolving other matters incident and related thereto.
Mr. Noschese moved to approve Resolution No. 41-2019, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE FORM AND
AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING
MEMORANDUM FOR THE CITY OF MESQUITE, TEXAS, SPECIAL ASSESSMENT
REVENUE BONDS, SERIES 2019 (POLO RIDGE PUBLIC IMPROVEMENT DISTRICT
NO. 2 PHASE #1 PROJECT) AND APPROVING THE FORM AND AUTHORIZING THE
DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR THE
CITY OF MESQUITE, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES
2019 (POLO RIDGE PUBLIC IMPROVEMENT DISTRICT NO. 2 PHASE #2-6 MAJOR
IMPROVEMENT PROJECT); AND RESOLVING OTHER MATTERS INCIDENT AND
RELATED THERETO. Motion was seconded by Mr. Archer. On call for a vote on
the motion, the following votes were cast:
Ayes: Noschese, Archer, Pickett, Boroughs, Casper
Nayes: None
Abstention: Miklos
Absent: Aleman
Motion carried. (Resolution No. 41-2019 recorded in Resolution Book No. 57.)
16 A resolution approving the form and authorizing the distribution of a Preliminary
Limited Offering Memorandum for the City of Mesquite, Texas, Special
Assessment Revenue Bonds, Series 2019 (Iron Horse Public Improvement
District Project), and resolving other matters incident and related thereto.
Mr. Noschese moved to approve Resolution No. 42-2019, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE FORM AND
AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING
MEMORANDUM FOR THE CITY OF MESQUITE, TEXAS, SPECIAL ASSESSMENT
REVENUE BONDS, SERIES 2019 (IRON HORSE PUBLIC IMPROVEMENT DISTRICT
PROJECT); AND RESOLVING OTHER MATTERS INCIDENT AND RELATED
THERETO. Motion was seconded by Mr. Archer. On call for a vote on the motion,
the following votes were cast:
Ayes: Noschese, Archer, Pickett, Boroughs, Casper
Nayes: None
Abstention: Miklos
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Absent: Aleman
Motion carried. (Resolution No. 42-2019 recorded in Resolution Book No. 57.)
END OF CONSENT AGENDA
PUBLIC HEARINGS
17 A. Conduct a public hearing and consider an ordinance adopting the City of
Mesquite Engineering Design Manual (“Manual”) which relocates certain
provisions of the City Code to the Manual and creates comprehensive and
easily accessed standard engineering practices and minimum criteria.
B. Conduct a public hearing and consider an ordinance amending Chapters 5,
11, 15 and 16 of the City Code by relocating certain provisions that establish
standard engineering practices and provide minimum development criteria to
the City of Mesquite Engineering Design Manual and cross-referencing those
relocated provisions, renumbering and making certain clerical, grammatical and
other non-substantive changes.
C. Conduct a public hearing and consider an ordinance amending Appendix B
of the City Code, the Mesquite Subdivision Ordinance, by relocating certain
provisions that establish standard engineering practices and provide minimum
development criteria to the City of Mesquite Engineering Design Manual and
cross-referencing those relocated provisions, renumbering and making certain
clerical, grammatical and other non-substantive changes.
A public hearing was held regarding adopting the City of Mesquite Engineering
Design Manual, amending Chapters 5, 11, 15 and 16 of the City Code by
relocating certain provisions that establish standard engineering practices and
provide minimum development criteria to the City of Mesquite Engineering
Design Manual, and amending Appendix B of the City Code, the Mesquite
Subdivision Ordinance, by relocating certain provisions that establish standard
engineering practices and provide minimum development criteria to the City of
Mesquite Engineering Design Manual.
Matt Holzapfel, Director of Public Works, stated that the purpose of the
Engineering Design Manual is to provide a user-friendly set of standards to
govern infrastructure design and construction; collect, simplify and organize
current ordinances and policies; clarify existing design and construction policies,
standards and criteria; address design and construction policies not currently
covered; and include new standards and materials. Staff worked with
Kimley-Horn to develop a draft manual and advertised for public comment from
January 15, 2019, to February 15, 2019, to 104 developers, engineers and utility
representatives; City staff; various City boards; and various media outlets. Staff
received 38 comments from four entities including two utility companies, one
engineering firm and one resident. Responses to comments were posted on the
City's website on March 15, 2019.
No one appeared regarding the City of Mesquite Engineering Design Manual.
Mr. Boroughs moved to approve Ordinance No. 4673, AN ORDINANCE OF THE
CITY OF MESQUITE, TEXAS, ADOPTING THE CITY OF MESQUITE ENGINEERING
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DESIGN MANUAL WHICH RELOCATES CERTAIN PROVISIONS OF THE MESQUITE
CITY CODE TO THE MANUAL AND CREATES COMPREHENSIVE AND EASILY
ACCESSED STANDARD ENGINEERING PRACTICES AND MINIMUM CRITERIA;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE NOT TO EXCEED $2,000.00 FOR A PERSON
VIOLATING A PROVISION OF THIS ORDINANCE GOVERNING FIRE SAFETY,
ZONING, OR PUBLIC HEALTH AND SANITATION AND A PENALTY NOT TO EXCEED
$500.00 FOR ALL OTHER PROVISIONS; AND DECLARING AN EFFECTIVE DATE.
Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No.
4673 recorded in Ordinance Book No. 115.)
Mr. Boroughs moved to approve Ordinance No. 4674, AN ORDINANCE OF THE
CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 5, “BUILDINGS AND
CONSTRUCTION,” CHAPTER 11, “PLANNING AND DEVELOPMENT,” CHAPTER 15,
“STREETS AND SIDEWALKS” AND CHAPTER 16, “WATER AND LIQUID WASTE”
OF THE MESQUITE CITY CODE, AS AMENDED, BY PROVIDING CERTAIN
ADDITIONS AND DELETIONS UNDER CHAPTERS 5, 11, 15 AND 16 TO CROSS
REFERENCE AND INCORPORATE CHANGES REQUIRED BY AND TO CORRESPOND
WITH THE ADOPTION OF THE CITY OF MESQUITE ENGINEERING DESIGN MANUAL
TO CREATE COMPREHENSIVE AND EASILY ACCESSED STANDARD ENGINEERING
PRACTICES AND MINIMUM CRITERIA; RENUMBERING AND MAKING CERTAIN
CLERICAL, GRAMMATICAL AND OTHER NONSUBSTANTIVE CHANGES;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE NOT TO EXCEED $2,000.00 FOR A PERSON
VIOLATING A PROVISION OF THIS ORDINANCE GOVERNING FIRE SAFETY,
ZONING, OR PUBLIC HEALTH AND SANITATION AND A PENALTY NOT TO EXCEED
$500.00 FOR ALL OTHER PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No.
4674 recorded in Ordinance Book No. 115.)
Mr. Boroughs moved to approve Ordinance No. 4675, AN ORDINANCE OF THE
CITY OF MESQUITE, TEXAS, AMENDING APPENDIX B OF THE MESQUITE CITY
CODE, THE MESQUITE SUBDIVISION ORDINANCE, AS AMENDED, BY RELOCATING
CERTAIN PROVISIONS TO THE CITY OF MESQUITE ENGINEERING DESIGN
MANUAL AND CROSS-REFERENCING THOSE RELOCATED PROVISIONS;
PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE NOT TO EXCEED $2,000.00 FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr.
Casper and approved unanimously. (Ordinance No. 4675 recorded in Ordinance
Book No. 115.)
18 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.
(This item was postponed at the March 18, 2019, and the April 15, 2019, City
Council meetings. The Planning and Zoning Commission recommends
approval of the zoning text amendment.)
A public hearing was held for Zoning Text Amendment No. 2019-01.
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Jeff Armstrong, Director of Planning and Development Services, stated that the
proposed amendments would be applicable to all multifamily development
regardless of the zoning district, eliminate the A-2 district and require Planned
Development zoning for all multifamily development with more than 25 dwelling
units. Additional regulations have been added including structure heights,
dwelling unit size, outdoor amenities, indoor amenities, dwelling unit
requirements, parking standards, requirement for a Traffic Impact Analysis and
School Impact Analysis, screening wall requirements, permitted fencing
materials, refuse container requirements, dwelling unit entryway requirements,
façade requirements and illumination and security camera requirements.
No one appeared regarding the proposed text amendment.
Mr. Miklos moved to approve Zoning Text Amendment No. 2019-01, as
recommended by the Planning and Zoning Commission, and to approve
Ordinance No. 4676, AN ORDINANCE AMENDING THE MESQUITE ZONING
ORDINANCE BY MAKING CERTAIN DELETIONS AND ADDITIONS TO SECTIONS OF
CHAPTERS 1A-300, 2-100, 2-200, 2-400, 2-500 AND 2-600 THEREBY PROVIDING NEW
AND REVISED REGULATIONS FOR MULTIFAMILY RESIDENTIAL USES; PROVIDING
A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING
AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Archer. On call for a
vote on the motion, the following votes were cast:
Ayes: Miklos, Archer, Pickett, Boroughs
Nayes: Casper, Noschese
Absent: Aleman
Motion carried. (Ordinance No. 4676 recorded in Ordinance Book No. 115.)
APPOINTMENTS TO BOARDS AND COMMISSIONS
19 Consider appointment of one member to the North Texas Municipal Water
District Board of Directors for a term to expire May 31, 2021.
Mr. Archer moved to appoint Brenda Jean Patrick as a member of the North
Texas Municipal Water District Board of Directors for a term to expire May 31,
2021. Motion was seconded by Mr. Miklos and approved unanimously.
OTHER BUSINESS
20 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem for
one-year terms.
Mr. Archer moved to appoint Tandy Boroughs as Mayor Pro Tem and Robert
Miklos as Deputy Mayor Pro Tem. Motion was seconded by Mr. Noschese and
approved unanimously.
ADJOURNMENT
Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Boroughs
and approved unanimously. The meeting adjourned at 7:55 p.m.
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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 20, 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
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.
1 19-4094 Receive financial statement for period covering October 1, 2018, through
March 31, 2019.
Attachments: March 31, 2019 Quarterly Financial Statements
March 31, 2019 Quarterly Financial Statement Overview
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Rev. Reginald Jefferson, Senior Pastor, New Hope Baptist Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Public Works Department.
PRESENTATIONS
2 19-4108 Recognize Real. Texas. Service. Champions.
City of Mesquite, Texas Page 1 Monday, May 20, 2019
City Council Meeting Agenda May 20, 2019
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.)
3 19-4101 Minutes of the regular City Council meeting held May 6, 2019.
Attachments: 05.06.2019m
4 19-4119 An ordinance amending Chapter 16 of the City Code thereby updating the
causes for disconnection of water service.
Attachments: Ordinance - Disconnection of Water Service
5 19-4131 An ordinance approving a Façade Improvement Program (the “DM Façade
Improvement Program”) to make grants from the Tax Increment Fund of
the Towne Centre Reinvestment Zone Number Two, City of Mesquite,
Texas, (the “Zone”) to encourage the rehabilitation, enhancement,
restoration and preservation of building facades located within a
designated portion of the Downtown area of the City of Mesquite, Texas
(“City”), approving and conferring the powers of a municipality under
Chapter 380 of the Texas Local Government Code for the Zone, only as
necessary or convenient to implement the DM Façade Improvement
Program as an economic development incentive under the project and
financing plan for the Zone, approving an amount not to exceed
$80,000.00 for grants under the DM Façade Improvement Program for
the remainder of the City’s Fiscal Year 2018-19, approving the amount not
to exceed $80,000.00 for grants under the DM Façade Improvement
Program for each Fiscal Year of the City thereafter and containing other
provisions related thereto.
Attachments: Ordinance - Facade Grant Program
6 19-4141 An ordinance authorizing the sale of beer and wine for off-premise
consumption only on a certain area annexed by the City.
Attachments: Ordinance - Beer and Wine
City of Mesquite, Texas Page 2 Monday, May 20, 2019
City Council Meeting Agenda May 20, 2019
7 19-4142 A resolution adopting the City Council’s 2019-2020 Strategic Goals and
Objectives.
Attachments: Resolution - Strategic Goals & Objectives
8 19-4148 A resolution of the City Council of the City of Mesquite, Texas, authorizing
the City Manager to finalize and execute a development agreement with
Oak National Holdings, LLC, regarding approximately 363 acres of land
generally located southwest of FM 2932 and southeast of Griffin Lane in
Kaufman County, Texas, located primarily within the extraterritorial
jurisdiction of the City of Mesquite and being commonly referred to as
“FM 2932 development” and authorizing the City Manager to finalize and
administer the agreement on behalf of the city.
Attachments: Resolution
9 19-4128 Bid No. 2019-022 - Hoops, Haddock, Cascade, Oriole, Ervin and Valley
View Heights Paving.
(Authorize the City Manager to finalize and execute a contract with low
bidder Texas Material Group, Inc., dba TexasBit, in the amount of
$1,136,358.49.)
Attachments: Bid Tabulation
Location Map
10 19-4127 Authorize an increase in the contract between the City and George
Brothers Kincaid & Horton, L.L.P., for the provision of legal services,
advice and counsel to the City of Mesquite in connection with several bond
validation matters in Collin and Travis Counties in the amount not to
exceed $25,000.00, for a total contract amount of $75,000.00.
11 19-4137 Authorize the Mayor to execute an amendment to the employment
agreement between the City of Mesquite, Texas, and Municipal Court Judge
Stephen Crane.
12 19-4130 Authorize the City Manager to execute Change Order No. 3 to Bid No.
2018-064, Annual Contract for Utility Concrete Repairs (Area 2), with
Overall Concrete Solutions in the amount of $16,982.25.
Attachments: Item Tabulation
13 19-4136 Approve Amendment No. 5 to the 2018-19 Police State Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and
Chapter 59 of the Texas Code of Criminal Procedure in the amount of
$192,000.00.
Attachments: Seizure Amendment 5
14 18-3758 A resolution accepting the preliminary Service and Assessment Plan for
authorized improvements within the Polo Ridge Public Improvement
District No. 2, setting a date for a public hearing on the proposed Levy of
Assessments, authorizing the publication and mailing of notice, and
City of Mesquite, Texas Page 3 Monday, May 20, 2019
City Council Meeting Agenda May 20, 2019
enacting other provisions relating thereto.
Attachments: Resolution - PR SAP
15 18-3757 A resolution approving the form and authorizing the distribution of a
Preliminary Limited Offering Memorandum for the City of Mesquite, Texas,
Special Assessment Revenue Bonds, Series 2019 (Polo Ridge Public
Improvement District No. 2 Phase #1 Project) and approving the form and
authorizing the distribution of a Preliminary Limited Offering
Memorandum for the City of Mesquite, Texas, Special Assessment Revenue
Bonds, Series 2019 (Polo Ridge Public Improvement District No. 2 Phase
#2-6 Major Improvement Project), and resolving other matters incident
and related thereto.
Attachments: Resolution - PR PLOM
PLOM Phase 1
PLOM Phase 2-6 MI
16 19-4123 A resolution approving the form and authorizing the distribution of a
Preliminary Limited Offering Memorandum for the City of Mesquite, Texas,
Special Assessment Revenue Bonds, Series 2019 (Iron Horse Public
Improvement District Project), and resolving other matters incident and
related thereto.
Attachments: Resolution - Iron Horse PLOM
Iron Horse PLOM
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.)
17 19-4129 A. Conduct a public hearing and consider an ordinance adopting the City
of Mesquite Engineering Design Manual (“Manual”) which relocates
certain provisions of the City Code to the Manual and creates
comprehensive and easily accessed standard engineering practices and
minimum criteria.
B. Conduct a public hearing and consider an ordinance amending
Chapters 5, 11, 15 and 16 of the City Code by relocating certain provisions
that establish standard engineering practices and provide minimum
development criteria to the City of Mesquite Engineering Design Manual
and cross-referencing those relocated provisions, renumbering and
making certain clerical, grammatical and other non-substantive changes.
C. Conduct a public hearing and consider an ordinance amending
Appendix B of the City Code, the Mesquite Subdivision Ordinance, by
relocating certain provisions that establish standard engineering practices
City of Mesquite, Texas Page 4 Monday, May 20, 2019
City Council Meeting Agenda May 20, 2019
and provide minimum development criteria to the City of Mesquite
Engineering Design Manual and cross-referencing those relocated
provisions, renumbering and making certain clerical, grammatical and
other non-substantive changes.
Attachments: Ordinance - Engineering Design Manual
Design Manual
Ordinance - Chapters 5, 11, 15, 16
Ordinance - Appendix B
18 19-4097 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.
(This item was postponed at the March 18, 2019, and the April 15, 2019,
City Council meetings. The Planning and Zoning Commission recommends
approval of the zoning text amendment.)
Attachments: P & Z Minutes
Ordinance - ZTA 2019-01
APPOINTMENTS TO BOARDS AND COMMISSIONS
19 19-4140 Consider appointment of one member to the North Texas Municipal Water
District Board of Directors for a term to expire May 31, 2021.
OTHER BUSINESS
20 19-4124 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem
for one-year terms.
Attachments: History of Mayor Pro Tem & Deputy Mayor Pro Tem
ADJOURNMENT
City of Mesquite, Texas Page 5 Monday, May 20, 2019
City Council Meeting Agenda May 20, 2019
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
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. City of Mesquite v. Govind Group Corp. – Filed 8-31-18
10. 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
11. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18
12. 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
13. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment – Filed 11-8-18
14. Julia Y. Hodges and Yamileth Hodges v. City of Mesquite – Filed 12-4-18
15. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite – Filed 1-7-19
16. City of Mesquite v. Ashiyana Hospitality, LLC, Navnitkumar C. Patel, Chintan N. Patel and Sunitabahen N.
Patel – Filed 4-9-19
Personnel Matters
City of Mesquite, Texas Page 6 Monday, May 20, 2019
City Council Meeting Agenda May 20, 2019
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.
• Discuss appointment of North Texas Municipal Water District Board Member.
Following discussions in executive session, the City Council will reconvene in open session where any final
action regarding executive session items will be taken.
The City Council reserves the right to adjourn into executive session at any time during the course of this
meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by
Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding
Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters),
551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic
Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code
Section 418.183(f) (Emergency Management).
The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in
advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD
1-800-735-2989.
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this
property with a concealed handgun.
Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de
fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de
permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a
person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not
enter this property with a handgun that is carried openly.
Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de
fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de
permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la
vista.
City of Mesquite, Texas Page 7 Monday, May 20, 2019
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