City Council

City of Mesquite, Texas Minutes - Final City Council Monday, June 17, 2019 4:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Robert Miklos, Greg Noschese, Bruce Archer and Dan Aleman, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Mayor Pro Tem Tandy Boroughs and Councilmember Jeff Casper. PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing from Texas Department of Transportation staff regarding the US Highway 80 Improvement Project. 2 Receive departmental strategy and budget presentations, as determined by City Management, related to City Council strategic goals and objectives. Received Police Department and Fire Department budget presentations. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:39 P.M. 3 Receive quarterly activity report from the Economic Development Department. Kim Buttram, Assistant Director of Economic Development, stated that the quarterly report covers the first quarter data of calendar year 2019 with news and updates to date. Media highlights include the Channel 8 news story on the new Mesquite Independent School District Choice High School and Council approval of the $71 million industrial park on Interstate 30. Staff has attended various trade shows, hosted Business Retention and Expansion program and Community partnerships as well as attending meetings, hosting tours and participating in new project discussions. Ms. Buttram reviewed the Council’s Economic Development priorities – Job Creation, Retail Vitality, Small Business Development, Shopping Center Revitalization, IH-20 Corridor and Downtown Development with the following updates: • Job Creation – Stage Door Dance, Elevate Healthcare and Bear Cave Coffee opened this quarter with an estimated 48 new jobs created. • Retail Vitality – Project Stallion began site work for five new pad sites near Town East Boulevard and IH-635. Mesquite has a 93 percent city-wide retail occupancy rate with Town East Mall experiencing a 97 percent occupancy rate. • Small Business Development – Small Business Workshop Series is a four-part series hosted by the Business Retention and Expansion Partnership, the Dallas Metropolitan Small Business Development Center and the US Small Business City of Mesquite, Texas Page 1 City Council Minutes - Final June 17, 2019 Administration. Workshops are scheduled for June 18, 2019, July 23, 2019, August 27, 2019, and October 15, 2019, with course completion certificates to be presented at the Annual Entrepreneurs Day in November. • Shopping Center Revitalization – An inventory has been completed of 26 shopping centers with four centers in the redevelopment preliminary planning phase. Staff will present proposed policies and redevelopment plans in the third quarter of 2019. • IH-20 Corridor – Kaufman County was announced as the third fastest growing county in the USA by the Census Bureau. Staff held retail meetings at the International Council of Shopping Centers (ICSC) trade show for the IH-20 pad sites in the Heartland Town Center. Dirt work has begun at Trailwind. • Downtown Redevelopment – The State Training has been completed by the Texas Historic Commission and the Front Street Station plans have been finalized. Mesquite hosted Texas First Lady Cecilia Abbott on May 16, 2019, to welcome Mesquite to the Texas Main Street Program. The façade grant program has been announced and the Request for Qualifications (RFQ) responses have been received for the 117 West Main Street property development. A brief video was shown highlighting First Lady Abbott’s visit to Mesquite. Ms. Buttram reviewed population trends, median income, new home permit values, residential permits and valuation, major employers, unemployment rate, higher education attainment, top industries by job type, occupation and industry snapshot, commercial remodel permits and valuation, commercial new construction permits and valuation, local sales tax collected, estimated new jobs, estimated new square footage and certificates of occupancy issued. Ms. Buttram stated that the Economic Development Department staff marketed the City through the Go Big Go Texas Governor’s Economic Development Guide and the North Texas Commission Profile of Dallas-Fort Worth cities. Ms. Buttram stated that the new Economic Development Department website went live on April 19, 2019, with almost 3,000 page views to date. Councilmembers expressed appreciation to the Economic Development Department staff for their work in the community. The work session ended at 7:02 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Archie Greer, Pastor, Trinity Christian Worship, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Historical and Genealogical Society. PRESENTATIONS 4 Presentation by Mesquite Elks Lodge-Auxiliary in support of the Mesquite Veterans Memorial campaign. Pat Diehl, President of the Mesquite Elks Lodge - Auxiliary, presented a $1,000 check to the Mesquite Veterans Memorial campaign. Mayor Pickett and City City of Mesquite, Texas Page 2 City Council Minutes - Final June 17, 2019 Councilmembers, along with Randy Lawson and Babette Bradshaw representing the Heroes of Mesquite, accepted the donation. SPECIAL ANNOUNCEMENTS (1) Mr. Miklos announced that the deadline for submission of applications for Addressing Mesquite Day is June 28, 2019. He encouraged senior citizens, single parents, military veterans and disabled homeowners who need help with landscaping or minor outside home repair to submit an application. (2) Mr. Miklos invited residents to attend a Town East/Astronaut streets/Range neighborhood meeting on Tuesday, June 18, 2019, at 6:30 p.m., at Luna Lodge, 3601 US Highway 80 East. (3) Mr. Noschese encouraged citizens to bring their family and friends to enjoy a free Movie in the Park, Hotel Transylvania 3, on Friday, June 21, 2019, at 7:00 p.m., at Paschall Park. (4) Mr. Archer announced that the City of Mesquite has become the first and only municipality in Texas eligible to award a Commercial Driver License (CDL) to employees. Two Public Works Assistant Managers earned Third Party CDL Examiner Certification to perform the exam process and award licenses. (5) Mr. Archer thanked City crews that responded to storm damage experienced on Sunday, June 9, 2019. They helped clear streets, addressed downed trees and picked up debris set out by residents. He also thanked Oncor for their efforts in restoring electrical power to residents and businesses. (6) Mr. Aleman expressed appreciation to the Parks and Recreation Department, along with assistance from Public Works, Police Department and Fire Department, for a successful Summer Sizzle event. (7) Mr. Aleman invited citizens to join him on Saturday, June 22, 2019, at 9:30 a.m., at Dia De Los Tacos, 1727 Faithon P. Lucas, Sr., Blvd., to "Taco with your Councilmember." (8) Mayor Pickett reminded citizens that it is illegal to possess or use fireworks or discharge firearms within the Mesquite city limits. The Police and Fire Departments will be enforcing these laws and issuing citations to violators. CITIZENS FORUM (1) Susie Hess, 2905 Clearwater Drive, and Bernadette Traylor, 226 S. Carmack, expressed appreciation to the City for hosting the "Mesquite CommUNITY Pride Month" event on Friday, June 21, 2019, at City Hall. (2) Terri White, 505 Riggs Circle, expressed concerns about conserving the City's blackland prairie. CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese requested that Item No. 18 be removed from the Consent Agenda to be considered separately. Mr. Miklos moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved unanimously. 5 Minutes of the regular City Council meeting held June 3, 2019. Approved on the Consent Agenda. 6 An ordinance amending Chapter 9 of the City Code by reducing the speed limit from 45 MPH to 40 MPH on East Cartwright Road from Mesquite Valley Road to Lawson Road, by reducing the speed limit from 45 MPH to 35 MPH on Rodeo Center Boulevard (formerly Hickory Tree Road) from Bruton Road to south curb line of Military Parkway, by reducing the speed limit from 45 MPH to 35 MPH on City of Mesquite, Texas Page 3 City Council Minutes - Final June 17, 2019 Lawson Road from Interstate Highway 20 to north City limits and by temporarily reducing the speed limit from 40 MPH to 30 MPH on Town East Boulevard from Samuell Boulevard to Skyline Drive due to road construction. Approved on the Consent Agenda. Ordinance No. 4685, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 9, SECTION 9-150 OF THE MESQUITE CITY CODE, AS AMENDED, BY REDUCING THE SPEED LIMIT FROM 45 MPH TO 40 MPH ON EAST CARTWRIGHT ROAD FROM MESQUITE VALLEY ROAD TO LAWSON ROAD; BY REDUCING THE SPEED LIMIT FROM 45 MPH TO 35 MPH ON RODEO CENTER BOULEVARD (FORMERLY HICKORY TREE ROAD) FROM BRUTON ROAD TO SOUTH CURB LINE OF MILITARY PARKWAY; BY REDUCING THE SPEED LIMIT FROM 45 MPH TO 35 MPH ON LAWSON ROAD FROM INTERSTATE HIGHWAY 20 TO NORTH CITY LIMITS; BY TEMPORARILY REDUCING THE SPEED LIMIT FROM 40 MPH TO 30 MPH ON TOWN EAST BOULEVARD FROM SAMUELL BOULEVARD TO SKYLINE DRIVE DUE TO ROAD CONSTRUCTION; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4685 recorded in Ordinance Book No. 116.) 7 Bid No. 2019-040 - Town East Boulevard Water, Paving & Drainage Reconstruction Project from US Highway 80 to Skyline Drive. (Authorize the City Manager to finalize and execute a contract with low bidder Tiseo Paving Company for the Base Bid and Alternative No. 1 in the amount of $12,963,840.55). Approved on the Consent Agenda. 8 Bid No. 2019-063 - Construction Single Family Residential House - 1701 Orchid Drive. (Authorize the City Manager to finalize and execute a contract with J & M Robertson, Inc., d/b/a JMR Construction, in the amount of $189,974.00.) Approved on the Consent Agenda. 9 Bid No. 2019-064 - Construction Single Family Residential House - 1030 Lindo Drive. (Authorize the City Manager to finalize and execute a contract with J & M Robertson, Inc., d/b/a JMR Construction, in the amount of $159,740.00.) Approved on the Consent Agenda. 10 Bid No. 2019-069 - Emporium Circle and Childress Pavement Replacement Project. (Staff recommends all bids be rejected.) Approved on the Consent Agenda. 11 Bid No. 2019-076 - Annual Landscape Maintenance of the TxDOT High Visibility Interchanges. (Authorize the City Manager to finalize and execute a contract with Yellowstone Landscaping Company, in the amount of $80,535.08. The term of this contract is for a one-year period with four additional one-year renewal options, subject to City of Mesquite, Texas Page 4 City Council Minutes - Final June 17, 2019 annual appropriation of sufficient funds.) Approved on the Consent Agenda. 12 Bid No. 2019-077 - Annual Mowing Maintenance of City Parks and Special Areas. (Authorize the City Manager to finalize and execute a contract with Good Earth, Inc., in the amount of $305,859.60. The term of this contract is for a one-year period with four additional one-year renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 13 Bid No. 2019-087 - Arts Center Concert Hall Lighting Upgrade. (Authorize the City Manager to finalize and execute a contract with Barbizon Lighting Company, through BuyBoard Contract No. 575-18, sponsored by the Texas Association of School Boards, in the amount of $119,685.95.) Approved on the Consent Agenda. 14 Bid No. 2019-092 - Purchase of a Concrete Mixer Truck. (Staff recommends award to MHC Kenworth, in Dallas, Texas, through Sourcewell Contract No. 0817-16-KTC, in the amount of $181,973.00.) Approved on the Consent Agenda. 15 Bid No. 2019-093 - Annual Telephone Services (Local and Long Distance). (Staff recommends award to AT&T Corporation, through Texas Department of Information Resources Contract No. DIR-TEX-AN-CTSA 005, in an amount not to exceed $375,000.00.) Approved on the Consent Agenda. 16 Bid No. 2019-095 - Municipal Court Audio/Video Upgrade. (Authorize the City Manager to finalize and execute a contract with Data Projections, Inc., through BuyBoard Contract No. 579-19, sponsored by the Texas Association of School Boards, in the amount of $81,849.83.) Approved on the Consent Agenda. 17 Bid No. 2019-096 - Emergency Operations Center and IT Conference Room Audio/Video Upgrade. (Authorize the City Manager to finalize and execute a contract with Data Projections, Inc., through an Interlocal Cooperative-Purchasing Agreement with The Interlocal Purchasing System (TIPS) Contract No. 171001, in the amount of $79,995.94.) Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 18 Ratification of annual contracts having unexercised renewal options that were previously approved by the City Council with agenda language not identifying the renewal options. [A list of the affected contracts is included as an attachment to City of Mesquite, Texas Page 5 City Council Minutes - Final June 17, 2019 this Agenda item.] Mr. Noschese moved to postpone consideration of ratification of annual contracts having unexercised renewal options that were previously approved by the City Council with agenda language not identifying the renewal options to the July 1, 2019, City Council meeting. Motion was seconded by Mr. Miklos and approved unanimously. END OF CONSENT AGENDA PUBLIC HEARINGS 19 Conduct a public hearing regarding an update to the Water Conservation Plan and the Drought Contingency and Emergency Management Plan as required by the Texas Commission on Environmental Quality (TCEQ) and the Texas Water Development Board (TWDB). A public hearing was held regarding an update to the Water Conservation Plan and the Drought Contingency and Emergency Management Plan. Matt Holzapfel, Director of Public Works, stated that the public water suppliers must submit a Water Conservation Plan (WCP) and a Drought Contingency and Emergency Management Plan (DC&EMP) to the Texas Commission on Environmental Quality (TCEQ) and the Texas Water Development Board (TWDB) every five years. The North Texas Municipal Water District (NTMWD) adopted its new WCP and DC&EMP in January 2019. The NTMWD produced model plans for its member cities to consider for review, modification and adoption. The City’s proposed draft plans have been posted on the City’s website for over two weeks and notices have been placed in the local newspaper. Mr. Holzapfel stated that in 2014, the regional water providers, which includes NTMWD, Tarrant Regional Water District, Upper Trinity River Water District and Dallas Water Utilities, started working together to ensure the WCP and DC&EMP have consistent educational and communication messages and similar restrictions within the three drought stages. The WCP provides a public education and information component, accurate metering of treated water and control of unaccounted water, specific five-year and 10-year water conservation goals, landscape water management measures and a tiered rate structure. The DC&EMP provides a public education and information component, initiation and termination conditions for each drought stage and goals for reduction of use and required reduction measures for each of the three stages of drought. Mr. Holzapfel reviewed the goals in each of the three stages of drought and stated that the City Council will consider adoption of these two plans at the July 1, 2019, City Council meeting. Barbara Dunn, 4527 Silverthorn Drive, requested information regarding the new reservoir for the NTMWD. Mr. Holzapfel stated that the Bois d’Arc Lake Reservoir is currently being constructed in Northeast Texas near the Red River. Additional information can be found on the NTMWD website at https://boisdarclake.org/. No others appeared regarding an update to the Water Conservation Plan and the Drought Contingency and Emergency Management Plan. City of Mesquite, Texas Page 6 City Council Minutes - Final June 17, 2019 20 A. Conduct a public hearing under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas (“the Zone”), extending the term of the Zone for an additional 20 years to expire December 31, 2039, amending the composition of the board of directors for the Zone, and other related matters. B. An ordinance approving an amended Project Plan and Reinvestment Zone Financing Plan for Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas (“the Zone”), extending the term of the Zone for an additional 20 years to expire December 31, 2039, amending the composition of the board of directors for the Zone effective January 1, 2020, amending Ordinance No. 3257 and Ordinance No. 4529, and other related matters. A public hearing was held to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas (Towne Centre TIRZ). Ted Chinn, Assistant City Manager, stated that this public hearing is required by State law due to the requested term extension, which currently expires on December 31, 2019. On May 6, 2019, the Towne Centre TIRZ Board of Directors adopted an amended Project and Financing Plan to extend the term of the TIRZ for an additional 20 years. Additionally, the TIRZ Board proposes an amendment to the composition of the Board of Directors to replace three Board members, who are appointed by the Mesquite Independent School District, with three Council-appointed Board members. Due to a change in school funding by the Texas Legislature, school districts are adversely affected by participating in TIRZs. Therefore, MISD will no longer participate in the Towne Centre TIRZ. Mayor Pickett stated that State law does not require TIRZ boundaries to be contiguous. The Towne Centre TIRZ encompasses the Town East Mall area as well as Downtown Mesquite. Nita Davis, 1321 Majors Drive, asked if the extension of the Towne Centre TIRZ would cause an increase in taxes. Mayor Pickett stated that taxes would not increase due to the TIRZ. A base value was determined by the existing taxable value of real property within the TIRZ at the time the TIRZ was created in 1998. The increment, the proportion of incremental increase in real property tax revenue above the base year resulting from increases in taxable value of property, is captured for the TIRZ. The TIRZ funds are then spent for public improvements and development projects within the same geographic area that benefits the TIRZ. No others appeared regarding the amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Two, City of Mesquite, Texas. Mr. Miklos moved to approve Ordinance No. 4686, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, APPROVING AN AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR TOWNE CENTRE REINVESTMENT ZONE NUMBER TWO, CITY OF MESQUITE, TEXAS (THE “ZONE”), EXTENDING THE TERM OF THE ZONE FOR AN ADDITIONAL TWENTY YEARS TO EXPIRE DECEMBER 31, 2039, AMENDING THE COMPOSITION OF THE BOARD OF DIRECTORS FOR THE ZONE EFFECTIVE JANUARY 1, 2020; AMENDING ORDINANCE NO. 3257 AND City of Mesquite, Texas Page 7 City Council Minutes - Final June 17, 2019 ORDINANCE NO. 4529; MAKING A FINDING OF FEASIBILITY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Noschese and approved unanimously. (Ordinance No. 4686 recorded in Ordinance Book No. 116.) APPOINTMENTS TO BOARDS AND COMMISSIONS 21 Consider appointment of two regular members to the Building Standards Board for terms to expire January 1, 2021, and one alternate member for a term to expire January 1, 2020. Mr. Archer moved to appoint Jason Beadle, Master Plumber, as a regular member to the Building Standards Board for a term to expire January 1, 2021. Motion was seconded by Mr. Miklos and approved unanimously. 22 Consider appointment of two alternate members to the Board of Adjustment for terms to expire January 1, 2020, and January 1, 2021, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee. Mr. Miklos moved to appoint Aeneas Ford as an alternate member to the Board of Adjustment for a term to expire January 1, 2021, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee by designation of Councilmember 5. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Miklos, Aleman, Pickett, Archer Nayes: Noschese Absent: Boroughs, Casper Motion carried. OTHER BUSINESS 23 Approve a supplemental agreement with P3WORKS, LLC, revising the scope of services to include Public Improvement District and Tax Increment Reinvestment Zone administration, providing for a one-year term with two one-year renewal options, and increasing the contract amount by $ 50,000.00, for a not to exceed amount of $100,000.00, and authorize the City Manager to execute the supplemental agreement. Mr. Miklos left the meeting. Ted Chinn, Assistant City Manager, stated that this amendment is a supplemental agreement to allow P3WORKS to administer the Iron Horse Public Improvement District and related Tax Increment Reinvestment Zone matters for the City for a term to expire on May 31, 2020. Upon expiration, if the City chooses to renew for another one-year term, the contract renewal would be in an amount not to exceed $50,000.00. Mr. Aleman moved to approve a supplemental agreement with P3WORKS, LLC, revising the scope of services to include Public Improvement District and Tax Increment Reinvestment Zone administration, providing for a one-year term with two one-year renewal options, and increasing the contract amount by $50,000.00, for a not to exceed amount of $100,000.00, and authorize the City Manager to execute the supplemental agreement. Motion was seconded by Mr. Archer. On City of Mesquite, Texas Page 8 City Council Minutes - Final June 17, 2019 call for a vote on the motion, the following votes were cast: Ayes: Aleman, Archer, Pickett, Noschese Nayes: None Absent: Boroughs, Casper Abstentions: Miklos Motion carried. 24 A resolution authorizing the City Manager to finalize and execute a First Amendment to the Polo Ridge Development Agreement to amend Exhibits “A,” “B,” “C” and “E,” and Section 13.3 relating to Retail Water and Wastewater Service to the Property, for the development of property commonly referred to as “Polo Ridge Ranch,” and being generally located south of FM 740, west of FM 2757 and north of Kelly Road in Kaufman County, Texas, located within the extraterritorial jurisdiction of the City of Mesquite, Texas. Mr. Archer moved to approve Resolution No. 46-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A FIRST AMENDMENT TO THE POLO RIDGE DEVELOPMENT AGREEMENT TO AMEND EXHIBITS “A,” “B,” “C” AND “E,” AND SECTION 13.3 RELATING TO RETAIL WATER AND WASTEWATER SERVICE TO THE PROPERTY, FOR THE DEVELOPMENT OF PROPERTY COMMONLY REFERRED TO AS “POLO RIDGE RANCH,” AND BEING GENERALLY LOCATED SOUTH OF FM 740, WEST OF FM 2757 AND NORTH OF KELLY ROAD IN KAUFMAN COUNTY, TEXAS, LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF MESQUITE, TEXAS. Motion was seconded by Mr. Noschese. On call for a vote on the motion, the following votes were cast: Ayes: Archer, Nochese, Pickett, Aleman Nayes: None Absent: Boroughs, Casper Abstentions: Miklos Motion carried. (Resolution No. 46-2019 recorded in Resolution Book No. 58.) 25 Conduct a public hearing to consider testimony regarding the proposed assessments to be levied against assessable property within the Polo Ridge Public Improvement District No. 2, pursuant to the provisions of Chapter 372 of the Texas Local Government Code. The property is approximately 805.79 acres of land generally located south of FM 740, west of FM 2757 and north of Kelly Road in Kaufman County, Texas, located within the extraterritorial jurisdiction of the City of Mesquite, Texas. A public hearing was held to consider testimony regarding the proposed assessments to be levied against assessable property within the Polo Ridge Public Improvement District (PID) No. 2. Ted Chinn, Assistant City Manager, stated that this public hearing is required by State law to provide an opportunity to receive any written or oral objections to the proposed assessments. Mr. Chinn explained that the proposed Polo Ridge development consists of 1,007 single-family residential family units and will be constructed in six phases over 14 years. Home prices are estimated between $285,000 and $475,000. The homebuilders under contract for Phase 1 are First Texas Homes, LCH Holdings, LLC, and Siena Homes. The developer will initiate City of Mesquite, Texas Page 9 City Council Minutes - Final June 17, 2019 annexation proceedings upon issuance of PID bonds. Mr. Chinn displayed a concept plan and reviewed the six phases and expected infrastructure construction schedule, with Phase 1 completion date being the fourth quarter of 2022. Fernando Rojas, 2423 Lagoon Drive, expressed concerns regarding Deputy Mayor Pro Tem Miklos’ recent abstentions related to PID developments. No others appeared regarding the proposed assessments to be levied against assessable property within the Polo Ridge Public Improvement District No. 2. 26 An ordinance approving a Service and Assessment Plan and Assessment Roll for Phase #1 Improvements and Phase #2-6 Major Improvements for the Polo Ridge Public Improvement District No. 2 (the “District”), making a finding of Special Benefit to certain property in the District, levying special assessments against certain property within the District and establishing a lien on such property, providing for payment of the assessment in accordance with Chapter 372, Texas Local Government Code, as amended, providing for the method of assessment and the payment of the assessments, providing penalties and interest on delinquent assessments, providing for severability and providing an effective date. Mr. Noschese moved to approve Ordinance No. 4687, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR PHASE #1 IMPROVEMENTS AND PHASES #2-6 MAJOR IMPROVEMENTS FOR THE POLO RIDGE PUBLIC IMPROVEMENT DISTRICT NO. 2 (THE “DISTRICT”); MAKING A FINDING OF SPECIAL BENEFIT TO CERTAIN PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST CERTAIN PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Noschese, Aleman, Pickett, Archer Nayes: None: Absent: Boroughs, Casper Abstentions: Miklos Motion carried. (Ordinance No. 4687 recorded in Ordinance Book No. 116.) 27 An ordinance approving and authorizing the issuance and sale of the City of Mesquite Special Assessment Revenue Bonds, Series 2019 (Polo Ridge Public Improvement District No. 2 Phase #1 Project), approving and authorizing an Indenture of Trust, a Bond Purchase Agreement, Limited Offering Memorandum, a Construction, Funding and Acquisition Agreement, a Continuing Disclosure Agreement, and other agreements and documents in connection therewith, making findings with respect to the issuance of such bonds, and providing an effective date. Ted Chinn, Assistant City Manager, introduced Jason Hughes, representing City of Mesquite, Texas Page 10 City Council Minutes - Final June 17, 2019 Hilltop Securities, who reviewed the pricing summary for the Polo Ridge Public Improvement District bond sale. The Phase No. 1 Project bond term is for 30 years with a 5.334 percent interest rate. Mr. Hughes stated that the bonds are repaid from assessments from the Polo Ridge development and not with City taxes. Mr. Aleman moved to approve Ordinance No. 4688, AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF MESQUITE SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2019 (POLO RIDGE PUBLIC IMPROVEMENT DISTRICT No. 2 PHASE #1 IMPROVEMENT PROJECT); APPROVING AND AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, LIMITED OFFERING MEMORANDUM, A CONSTRUCTION, FUNDING AND ACQUISITION AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND OTHER AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Archer. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Archer, Pickett, Noschese Nayes: None Absent: Boroughs, Casper Abstentions: Miklos Motion carried. (Ordinance No. 4688 recorded in Ordinance Book No. 116.) 28 An ordinance approving and authorizing the issuance and sale of the City of Mesquite Special Assessment Revenue Bonds, Series 2019 (Polo Ridge Public Improvement District No. 2 Phase #2-6 Major Improvement Project), approving and authorizing an Indenture of Trust, a Bond Purchase Agreement, Limited Offering Memorandum, a Construction, Funding and Acquisition Agreement, a Continuing Disclosure Agreement, and other agreements and documents in connection therewith, making findings with respect to the issuance of such bonds, and providing an effective date. Mr. Hughes reviewed the pricing summary for Phases No. 2-6 Major Improvement Project PID bonds. Mr. Hughes stated that the term for the bonds is 30 years with a 6.268 percent interest rate, and reemphasized that the bonds are repaid from assessments from the Polo Ridge development and not with City taxes. Mr. Archer moved to approve Ordinance No. 4689, AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF MESQUITE SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2019 (POLO RIDGE PUBLIC IMPROVEMENT DISTRICT No. 2 PHASES #2-6 MAJOR IMPROVEMENT PROJECT); APPROVING AND AUTHORIZING AN INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, LIMITED OFFERING MEMORANDUM, A CONSTRUCTION, FUNDING AND ACQUISITION AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, AND OTHER AGREEMENTS AND DOCUMENTS IN CONNECTION THEREWITH; MAKING FINDINGS WITH RESPECT TO THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: Ayes: Archer, Aleman, Pickett, Noschese Nayes: None Absent: Boroughs, Casper City of Mesquite, Texas Page 11 City Council Minutes - Final June 17, 2019 Abstentions: Miklos Motion carried. (Ordinance No. 4689 recorded in Ordinance Book No. 116.) EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:14 P.M. Mr. Miklos entered the meeting. Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Received summary of all pending litigation cases); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:55 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr. Miklos and approved unanimously. The meeting adjourned at 8:55 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 12