City Council
Regular MeetingMesquite, TX · August 19, 2019
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, August 19, 2019 4:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Tandy Boroughs, Robert Miklos, Jeff Casper, Bruce
Archer and Dan Aleman, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmember Greg Noschese.
PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive Chamber of Commerce Strategic Plan Presentation.
2 Discuss the proposed budget for Fiscal Year 2019-20.
Council provided direction on additional considerations for the 2019-2020 budget.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:17 P.M.
Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section
551.071 of the Texas Government Code to conduct a private consultation with its attorney related to
pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City
Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas (Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing 2017
wholesale rates implemented by the North Texas Municipal Water District, PUC Docket No. 46662 –
Filed 12-14-16; 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); whereupon, the City Council proceeded
to meet in the Executive Conference Room. After the closed meeting ended at 6:37 p.m., the City
Council reconvened in Open Session.
No executive action was necessary.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:44 P.M.
3 Receive financial statement for period covering October 1, 2018, through June
30, 2019.
Debbie Mol, Director of Finance, presented the financial statement for period
covering October 1, 2018, through June 30, 2019.
The work session ended at 6:58 p.m.
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City Council Minutes - Final August 19, 2019
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Tony Rorie, President, The Men and Ladies of Honor.
PLEDGE OF ALLEGIANCE
Friends of the Mesquite Public Library.
PRESENTATIONS
4 Presentation of a plaque to David Burris in recognition of his service as a
member of the Mesquite Quality of Life Corporation Board of Directors.
Mayor Pickett presented a plaque to David Burris in recognition of his service as
a member of the Mesquite Quality of Life Corporation Board of Directors from
September 2014 through June 2019.
SPECIAL ANNOUNCEMENTS
(1) Mr. Miklos stated that the next Small Business Workshop, “Marketing and Sales Strategies,” will
take place at City Hall, 757 North Galloway Avenue, on Tuesday, August 27, 2019, from 4:30 p.m. to
7:30 p.m. Anyone interested in starting a small business is encouraged to attend.
(2) Mr. Miklos invited residents to attend a Town East/Astronaut streets/Range neighborhood meeting
on Tuesday, August 20, 2019, at Town East Baptist Church, 3117 Town East Boulevard, and a
Skyline/Range neighborhood meeting on Tuesday, August 27, 2019, at 7:00 p.m., at Rugel Elementary
School, 2701 Sybil Drive.
(3) Mr. Miklos stated that his youngest son began his senior year at Poteet High School today.
(4) Mr. Boroughs stated that he had the opportunity to welcome students back to school this morning
at Hanby Elementary School, which is the school he attended. He reminded citizens that some
students walk and bike to school so please Drive Like Your Family Lives Here.
(5) Mr. Boroughs stated that he served as a judge for several competitions at the recent Doggie Splash
Day held at Vanston Pool. Families and their dogs enjoyed a fun day at the pool.
(6) Mr. Aleman encouraged citizens to attend the free Courtyard Concert Series featuring “Plunk
Murray” at the Mesquite Arts Center on Thursday, September 12, 2019, from 7:00 p.m. to 9:00 p.m.,
and enjoy contemporary Irish folk music.
(7) Mr. Aleman invited residents to attend a Creek Crossing neighborhood meeting on Thursday,
August 22, 2019, at 7:00 p.m., at The Crossing Baptist Church, 1060 Clay Mathis Road.
(8) Mr. Aleman encouraged residents to pick up a copy of the new Fun Guide containing activities
offered by the Mesquite Parks and Recreation Department.
(9) Mr. Archer invited citizens to attend the Marketplace in Downtown Mesquite on Saturday, August 24,
2019, from 9:00 a.m. to 2:00 p.m. The Marketplace takes place every second and fourth Saturday
through November offering produce, crafts and culinary items from local vendors and merchants.
(10) Mr. Archer invited residents to meet at the corner of Woodcrest Drive and Hickory Tree Road to
participate in the Edgemont Park neighborhood trash pick -up on Saturday, August 24, 2019, at 9:30
a.m.
(11) Mr. Archer stated that long-time resident, Jane Cole, recently passed away and asked citizens to
keep the Cole family in their prayers.
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(12) Mr. Casper announced that the Mesquite Public Health Clinic, 1616 North Galloway Avenue, is
offering extended back to school hours through Friday, August 23, 2019, from 8:00 a.m. to 4:00 p.m.
Vaccines are $14.00 per child and parents are reminded to bring complete shot records with them.
(13) Mayor Pickett thanked Councilmembers for welcoming students back to school today.
(14) Mayor Pickett thanked the Mesquite Animal Shelter staff, volunteers and rescue partners for last
Saturday’s “Clear the Shelter” event, which was a huge success. A total of 89 pets were adopted
including a guinea pig. August 2019 marks the 24th month that the Animal Shelter has achieved a 90
percent or higher save rate. Over 6,000 animals were taken in last year regardless of the animal’s
condition or situation. Animal Shelter Manager Jeanne Saadi and her team are to be commended for
their continued dedication and excellent job performance.
CITIZENS FORUM
(1) Jane Edwards, 4303 Via Barcelona, expressed support for the proposed City of Mesquite
Dispatcher pay plan.
(2) Bob Bishop, 2312 Warm Springs Road, expressed support for a future YMCA to be located in
Mesquite.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Miklos moved to approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Aleman and approved unanimously.
5 Minutes of the regular City Council meeting held August 5, 2019.
Approved on the Consent Agenda.
6 An ordinance amending Chapter 5 of the City Code thereby updating the
regulations regarding exterior building products, materials and aesthetic
methods.
Approved on the Consent Agenda.
Ordinance No. 4699, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 5 OF THE MESQUITE CITY CODE, AS AMENDED, BY
DELETING SECTIONS 5-31 AND 5-32 IN THEIR ENTIRETY AND ADDING A NEW
SECTION 5-19 THEREBY PROHIBITING REGULATIONS REGARDING BUILDING
PRODUCTS, MATERIALS OR AESTHETIC METHODS USED IN THE CONSTRUCTION
OR RENOVATION OF RESIDENTIAL OR COMMERCIAL BUILDINGS; PROVIDING A
REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4699
recorded in Ordinance Book No. 117.)
7 An ordinance amending Chapter 9 of the City Code to reference the most
current edition of the Texas Manual on Uniform Traffic Control Devices and the
City of Mesquite Engineering Design Manual.
Approved on the Consent Agenda.
Ordinance No. 4700, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE MESQUITE CITY CODE, AS AMENDED, BY
DELETING SECTIONS 9-86(a), 9-87(b), 9-87(c) AND 9-87(d) IN THEIR ENTIRETY AND
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City Council Minutes - Final August 19, 2019
ADDING NEW SECTIONS 9-86(a), 9-87(b) AND 9-87(c) TO REFERENCE THE MOST
CURRENT EDITION OF THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES AND THE CITY OF MESQUITE ENGINEERING DESIGN MANUAL;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS
FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4700
recorded in Ordinance Book No. 117.)
8 An ordinance amending Chapters 1, 3, 4, 5, 6, 7, 7.5, 8, 9, 10, 11, 12, 13, 14, 15
and 16 of the Mesquite City Code, removing all fees from those chapters, and
codifying all fees in a new Appendix D, “Comprehensive Fee Schedule.”
Approved on the Consent Agenda.
Ordinance No. 4701, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING THE MESQUITE CITY CODE, AS AMENDED, BY MAKING CERTAIN
ADDITIONS AND DELETIONS IN CHAPTERS 1, 3, 4, 5, 6, 7, 7.5, 8, 9, 10, 11, 12, 13,
14, 15 AND 16 TO REMOVE ALL CITY FEES FROM THOSE CHAPTERS AND TO
REFER TO THEIR LOCATION IN A NEW APPENDIX D, “THE COMPREHENSIVE FEE
SCHEDULE,” WHICH IS CREATED BY A SEPARATE, COMPANION ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN
EFFECTIVE DATE. (Ordinance No. 4701 recorded in Ordinance Book No. 117.)
9 An ordinance creating Appendix D to the Mesquite City Code entitled
“Comprehensive Fee Schedule,” thereby establishing a place where all fees for
municipal services are located.
Approved on the Consent Agenda.
Ordinance No. 4702, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
CREATING A NEW APPENDIX D TO THE MESQUITE CITY CODE, ENTITLED “THE
COMPREHENSIVE FEE SCHEDULE,” THEREBY ESTABLISHING A PLACE WHERE
ALL FEES FOR CITY SERVICES ARE LOCATED; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A PENALTY NOT TO
EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 4702
recorded in Ordinance Book No. 117.)
10 A resolution endorsing and accepting the 2019-2020 Comprehensive Safety
Grant for the Selective Traffic Enforcement Program (the “STEP” Program);
approving the contribution of City funds in the amount of $ 12,610.60 and
authorizing the City Manager to execute the necessary documents with the
Texas Department of Transportation in connection with such grant and STEP
Program.
Approved on the Consent Agenda.
Resolution No. 58-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ENDORSING AND ACCEPTING THE 2019-2020 TXDOT
COMPREHENSIVE SAFETY GRANT (THE “GRANT”) FOR THE SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM (THE “STEP PROGRAM”); AUTHORIZING THE FILING
OF THE APPLICATION FOR THE GRANT; APPROVING THE CONTRIBUTION OF
CITY FUNDS IN THE AMOUNT OF $12,610.60; DESIGNATING THE CITY MANAGER
AS THE OFFICIAL REPRESENTATIVE OF THE CITY IN CONNECTION WITH THE
GRANT; AND AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS AND
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City Council Minutes - Final August 19, 2019
EXECUTE ALL DOCUMENTS IN CONNECTION WITH SUCH GRANT AND STEP
PROGRAM. (Resolution No. 58-2019 recorded in Resolution Book No. 58.)
11 Bid No. 2019-098 - Town East 2.0 MG Elevated Water Tank Office Space
Finish Out.
(Authorize the City Manager to finalize and execute a contract with low bidder
Concord Commercial Services, Inc., in the amount of $137,487.00.)
Approved on the Consent Agenda.
12 Bid No. 2019-101 - Annual Supply of Concrete.
(Staff recommends all bids be rejected.)
Approved on the Consent Agenda.
13 Authorize the City Manager to execute a Memorandum of Understanding with
the University of California-Irvine for a research-practitioner partnership to
evaluate the effectiveness and efficiency of the Mesquite Police Department ’s
(MPD) deployment of personnel and strategic assets in the City of Mesquite.
Approved on the Consent Agenda.
14 Authorize the City Manager to execute a Memorandum of Understanding with
the University of Texas at Dallas for a research-practitioner partnership to
evaluate the effectiveness and efficiency of the Mesquite Police Department ’s
(MPD) deployment of personnel and strategic assets in the City of Mesquite.
Approved on the Consent Agenda.
15 Authorize the City Manager to finalize and execute an Interlocal Agreement with
the City of Ferris, Texas, to permit the transfer of animals.
Approved on the Consent Agenda.
16 Authorize the City Manager to finalize and execute Contract Amendment No. 2
to a contract with Prime Time Group, Inc., for right-of-way acquisition
professional services in the amount of $40,000.00.
Approved on the Consent Agenda.
17 Authorize the City Manager to finalize and execute a Third Amendment to
Renew Interlocal Agreement with the Dallas County Hospital District d /b/a
Parkland Health & Hospital System for Biomedical Online and Offline Medical
Supervision in an amount not to exceed $67,334.19 for Fiscal Year 2019-20,
effective October 1, 2019, through September 30, 2020.
Approved on the Consent Agenda.
18 Approve Amendment No. 6 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 $335,000.
Approved on the Consent Agenda.
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City Council Minutes - Final August 19, 2019
OTHER BUSINESS
19 Consider calling a public hearing for September 3, 2019, 7:00 p.m., at City Hall,
Council Chamber, 757 N. Galloway Ave., Mesquite, Texas 75149, and ordering
the required public notice for the public hearing be given of the date, time and
location of the hearing for the proposed 2019-20 budget.
Mr. Archer moved to call a public hearing for September 3, 2019, 7:00 p.m., at
City Hall, Council Chamber, 757 N. Galloway Ave., Mesquite, Texas 75149, and
order the required public notice for the public hearing be given of the date, time
and location of the hearing for the proposed 2019-20 budget. Motion was
seconded by Mr. Boroughs and approved unanimously.
PUBLIC HEARINGS
20 Conduct a public hearing to receive citizen input on the proposed Fiscal Year
2019-20 budget.
A public hearing was held to receive citizen input on the proposed 2019-20
annual municipal budget.
Debbie Mol, Director of Finance, stated that this is the second of three public
hearings to allow citizen input regarding the proposed 2019-20 budget which is
posted on the City’s website and available to view in the City Secretary’s Office.
The City annually budgets for 34 different funds totaling $254 million. The final
public hearing on the budget will be held at the September 3, 2019, City Council
meeting.
No one appeared regarding the proposed 2019-20 annual municipal budget.
21 Conduct a public hearing regarding the proposed fiscal year 2019-20 ad
valorem tax rate of $0.734 per $100 valuation.
A public hearing was held regarding the proposed Fiscal Year 2019-20 ad
valorem tax rate of $0.734 per $100 valuation.
Debbie Mol, Director of Finance, stated that this is the first public hearing for the
tax rate and there is no proposed tax rate increase.
No one appeared regarding the proposed Fiscal Year 2019-20 ad valorem tax rate
of $0.734 per $100 valuation.
Mayor Pickett announced “The vote on the tax rate will tax place on September
16, 2019, at 7:00 p.m., in the City Council Chamber, 757 North Galloway Avenue,
Mesquite, Texas.”
22 Conduct a public hearing and consider an ordinance for Application No .
Z0519-0096 submitted by Pat Akins, Tack Team Investments, LLC, for a
change of zoning from Agricultural to Planned Development - Single-family
Residential to allow a single-family residential subdivision located at 6401
Shannon Road.
(No responses in favor or in opposition to the application have been received
from property owners within the statutory notification area. The Planning and
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City Council Minutes - Final August 19, 2019
Zoning Commission recommends approval with certain stipulations.)
A public hearing was held for Application No. Z0519-0096.
Jeff Armstrong, Director of Planning and Development Services, stated that the
applicant proposes to construct a new single-family residential neighborhood
located in the Cities of Mesquite, Dallas and Seagoville. The Mesquite portion
will consist of 36 residential lots with three acres of green space to include a trail
system and playground. The homes will start at $300,000.00 with a minimum of
2,000 square feet.
Applicant Pat Atkins stated that the entire project is located within the Mesquite
Independent School District’s boundaries. K. Hovnanian Homes has committed to
construct 100 percent of the project. The builder will comply with the City's
current building standards which is 90 percent masonry. Mr. Atkins anticipates
construction to begin January 2020. A mandatory homeowner’s association will
maintain the open spaces and screening wall.
No one appeared regarding the proposed amendment.
Mr. Miklos moved to approve Application No. Z0519-0096, as recommended by the
Planning and Zoning Commission, with the following stipulations, adding
Stipulation No. 5, as follows:
1. Except as provided herein, the plat and site plan for the Property shall
conform substantially to the Concept Plan, attached to the ordinance as Exhibit
“B.”
2. The minimum living area for homes shall be 2,000 square feet.
3. A six-foot masonry wall and a 10-foot landscape buffer shall be provided
along Shannon Road.
4. No home shall be of the same front elevation design as any other home
within an eight-home/lot distance to each side nor across the street.
5. A mandatory homeowner’s association shall be created and utilized to
maintain the open space and the screening wall.
And to approve Ordinance No. 4703, AN ORDINANCE AMENDING THE MESQUITE
ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM AGRICULTURE
TO PLANNED DEVELOPMENT – SINGLE FAMILY RESIDENTIAL WITH AN
UNDERLYING ZONING DISTRICT OF R2-A ON PROPERTY LOCATED AT 6401
SHANNON ROAD TO ALLOW FOR THE DEVELOPMENT OF A SINGLE-FAMILY
SUBDIVISION SUBJECT TO CERTAIN STIPULATIONS; 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. Motion was seconded by Mr.
Boroughs and approved unanimously. (Ordinance No. 4703 recorded in
Ordinance Book No. 117.)
23 Conduct a public hearing and consider an ordinance amending the Mesquite
Subdivision Ordinance, thereby amending regulations related to the submittal
and approval processes for plats.
(The Planning and Zoning Commission recommends approval of the
subdivision text amendment.)
A public hearing was held for amending the Mesquite Subdivision Ordinance,
thereby amending regulations related to the submittal and approval processes
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City Council Minutes - Final August 19, 2019
for plats.
Jeff Armstrong, Director of Planning and Development Services, stated that
Senate Bill (SB) 3167, known as the “Shot Clock” Bill, establishes very strict
timelines on when the City must review and act on plats submitted to the City.
Mr. Armstrong reviewed the proposed amendments established by SB 3167,
which becomes effective September 1, 2019.
No one appeared regarding the proposed amendment.
Mr. Miklos moved to approve amending the Mesquite Subdivision Ordinance, as
recommended by the Planning and Zoning Commission, and to approve
Ordinance No. 4704, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING APPENDIX B OF THE MESQUITE CITY CODE, THE MESQUITE
SUBDIVISION ORDINANCE, AS AMENDED, BY DELETING THE DEFINITION OF
DIRECTOR OF COMMUNITY DEVELOPMENT IN ARTICLE II, DELETING ARTICLE III
AND SECTION L IN ARTICLE V IN THEIR ENTIRETY, RENUMBERING SECTION M IN
ARTICLE V TO SECTION N IN ARTICLE V AND ADDING A NEW DEFINITION FOR
DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES IN ARTICLE II, A NEW
ARTICLE III AND NEW SECTIONS L AND M TO ARTICLE V THEREBY AMENDING
REGULATIONS RELATED TO THE SUBMITTAL AND APPROVAL PROCESSES FOR
PLATS; PROVIDING A REPEALER CLAUSE; PROVIDING 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.
Archer and approved unanimously. (Ordinance No. 4704 recorded in Ordinance
Book No. 117.)
24 Conduct a public hearing and consider an ordinance amending Chapter 13 of
the City Code thereby updating regulations pertaining to the removal of an
allowed existing billboard sign structure.
A public hearing was held for amending Chapter 13 of the City Code thereby
updating regulations pertaining to the removal of an allowed existing billboard
sign structure.
Jeff Armstrong, Director of Planning and Development Services, stated that the
proposed ordinance is a repeal of the current billboard replacement ordinance.
No one appeared regarding the proposed amendment.
Mr. Casper moved to approve Ordinance No. 4705, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, AMENDING CHAPTER 13 OF THE MESQUITE CITY CODE,
AS AMENDED, BY DELETING SECTION 13-73(d)(6) IN ITS ENTIRETY AND ADDING A
NEW SECTION 13-73(d)(6) THEREBY UPDATING REGULATIONS PERTAINING TO
THE REMOVAL OF AN ALLOWED EXISTING BILLBOARD SIGN STRUCTURE;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $500.00 DOLLARS FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr.
Aleman and approved unanimously. (Ordinance No. 4705 recorded in Ordinance
Book No. 117.)
25 Conduct a public hearing and consider possible action for Zoning Text
Amendment No. 2019-03 amending Chapter 8 of the City Code by adding Article
XIV entitled “Special Events and Parades” thereby establishing regulations
pertaining to special events and parades; amending Chapters 3, 8, 9, 10 and
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City Council Minutes - Final August 19, 2019
10.5 of the City Code pertaining to special events and amending Chapter 1 of
the Mesquite Zoning Ordinance pertaining to special events.
(The Planning and Zoning Commission recommends approval of the zoning text
amendment.)
Mr. Casper moved to postpone consideration of Zoning Text Amendment No.
2019-03 amending Chapter 8 of the City Code by adding Article XIV entitled
“Special Events and Parades” thereby establishing regulations pertaining to
special events and parades; amending Chapters 3, 8, 9, 10 and 10.5 of the City
Code pertaining to special events and amending Chapter 1 of the Mesquite
Zoning Ordinance pertaining to special events to the September 3, 2019, City
Council meeting. Motion was seconded by Mr. Aleman and approved
unanimously.
26 Conduct a public hearing and consider a resolution repealing Resolution No .
44-2019 and approving a Chapter 380 Agreement with MM Mesquite 50, LLC,
(the “Developer”), authorizing the City Manager to negotiate, finalize and
execute all documents necessary or advisable to complete the sale of an
approximately 5.315-acre tract of City-owned property located within the
Mesquite Rodeo City Reinvestment Zone Number One, to the Developer,
providing a grant to the Developer, the City tract to be developed as part of the
Iron Horse Project and authorizing the City Manager to administer the
agreement on behalf of the City.
(This item was postponed at the July 15, 2019, and August 5, 2019, City Council
meetings.)
Mr. Miklos left the meeting.
A public hearing was held to consider a Chapter 380 agreement with MM
Mesquite 50, LLC, for the sale of an approximately 5.315-acre tract of City-owned
property to be developed as part of the Iron Horse Project.
Ted Chinn, Assistant City Manager, stated that the proposed Chapter 380
Agreement is part of the Master Development Agreement for the Iron Horse
Village development and defines the terms and conditions of the conveyance of
the City-owned tract.
No one appeared regarding the proposed Chapter 380 agreement.
Mr. Aleman moved to approve Resolution No. 59-2019, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, REPEALING RESOLUTION NO.
44-2019; APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO
PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND
COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE SALE BY THE CITY OF
MESQUITE, TEXAS (THE “CITY”), OF AN APPROXIMATELY 5.315 ACRE TRACT OF
CITY-OWNED PROPERTY LOCATED WITHIN THE MESQUITE RODEO CITY
REINVESTMENT ZONE NUMBER ONE, CITY OF MESQUITE, TEXAS (THE “CITY
TRACT”), TO MM MESQUITE 50, LLC, A TEXAS LIMITED LIABILITY COMPANY (THE
“DEVELOPER”); AUTHORIZING THE CITY MANAGER TO NEGOTIATE, FINALIZE
AND EXECUTE A CONTRACT OF SALE, DEED AND ALL OTHER DOCUMENTS
NECESSARY OR ADVISABLE TO COMPLETE THE SALE OF THE CITY TRACT TO
THE DEVELOPER; PROVIDING A GRANT TO THE DEVELOPER IN THE AMOUNT OF
THE PURCHASE PRICE OF THE CITY TRACT, THE CITY TRACT TO BE DEVELOPED
AS PART OF A MIXED USE DEVELOPMENT CONTAINING RETAIL, RESTAURANT,
OFFICE, RESIDENTIAL COMPONENTS AND OTHER ASSOCIATED USES IN
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City Council Minutes - Final August 19, 2019
ACCORDANCE WITH CITY ORDINANCE NO. 4595 (THE “IRON HORSE PROJECT”)
IN THE CITY OF MESQUITE, TEXAS; AND AUTHORIZING THE CITY MANAGER TO
ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded
by Mr. Archer. On call for a vote on the motion, the following votes were cast:
Ayes: Aleman, Archer, Pickett, Boroughs, Casper
Nayes: None
Absent: Noschese
Abstentions: Miklos
Motion carried. (Resolution No. 59-2019 recorded in Resolution Book No. 58.)
ADJOURNMENT
Mr. Casper moved to adjourn the meeting. 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
Absent: Noschese
Abstentions: Miklos
Motion carried. The meeting adjourned at 8:00 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, August 19, 2019 4:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 19-4322 Receive Chamber of Commerce Strategic Plan Presentation.
2 19-4310 Discuss the proposed budget for Fiscal Year 2019-20.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:00 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 19-4275 Receive financial statement for period covering October 1, 2018, through
June 30, 2019.
Attachments: June 30, 2019 Quarterly Financial Statements
June 30, 2019 Financial Statement Overview
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Tony Rorie, President, The Men and Ladies of Honor.
PLEDGE OF ALLEGIANCE
Friends of the Mesquite Public Library.
City of Mesquite, Texas Page 1 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
PRESENTATIONS
4 19-4305 Presentation of a plaque to David Burris in recognition of his service as a
member of the Mesquite Quality of Life Corporation Board of Directors.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
CITIZENS FORUM
At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than
personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of
real property for a length of time not to exceed three minutes on a first-come, first-served basis. No Council
action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with
law.
CONSENT AGENDA
(All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the City Council or any individual wish to discuss any item, said item may be
removed from the Consent Agenda by motion of the City Council.)
5 19-4253 Minutes of the regular City Council meeting held August 5, 2019.
Attachments: 08.05.2019m
6 19-4309 An ordinance amending Chapter 5 of the City Code thereby updating the
regulations regarding exterior building products, materials and aesthetic
methods.
Attachments: Ordinance - Chapter 5
7 19-4294 An ordinance amending Chapter 9 of the City Code to reference the most
current edition of the Texas Manual on Uniform Traffic Control Devices
and the City of Mesquite Engineering Design Manual.
Attachments: Ordinance - Traffic Control Devices
8 19-4317 An ordinance amending Chapters 1, 3, 4, 5, 6, 7, 7.5, 8, 9, 10, 11, 12, 13, 14,
15 and 16 of the Mesquite City Code, removing all fees from those
chapters, and codifying all fees in a new Appendix D, “Comprehensive Fee
Schedule.”
Attachments: Ordinance - Removing Fees
9 19-4318 An ordinance creating Appendix D to the Mesquite City Code entitled
“Comprehensive Fee Schedule,” thereby establishing a place where all fees
for municipal services are located.
Attachments: Ordinance - Appendix D
City of Mesquite, Texas Page 2 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
10 19-4300 A resolution endorsing and accepting the 2019-2020 Comprehensive
Safety Grant for the Selective Traffic Enforcement Program (the “STEP”
Program); approving the contribution of City funds in the amount of
$12,610.60 and authorizing the City Manager to execute the necessary
documents with the Texas Department of Transportation in connection
with such grant and STEP Program.
Attachments: Resolution - STEP
11 19-4306 Bid No. 2019-098 - Town East 2.0 MG Elevated Water Tank Office Space
Finish Out.
(Authorize the City Manager to finalize and execute a contract with low
bidder Concord Commercial Services, Inc., in the amount of $137,487.00.)
Attachments: Bid Tabulation
12 19-4312 Bid No. 2019-101 - Annual Supply of Concrete.
(Staff recommends all bids be rejected.)
Attachments: Bid Tabulation - 2019-101
13 19-4303 Authorize the City Manager to execute a Memorandum of Understanding
with the University of California-Irvine for a research-practitioner
partnership to evaluate the effectiveness and efficiency of the Mesquite
Police Department’s (MPD) deployment of personnel and strategic assets
in the City of Mesquite.
Attachments: MOU - University of California-Irvine
14 19-4304 Authorize the City Manager to execute a Memorandum of Understanding
with the University of Texas at Dallas for a research-practitioner
partnership to evaluate the effectiveness and efficiency of the Mesquite
Police Department’s (MPD) deployment of personnel and strategic assets
in the City of Mesquite.
Attachments: MOU - University of Texas at Dallas
15 19-4329 Authorize the City Manager to finalize and execute an Interlocal
Agreement with the City of Ferris, Texas, to permit the transfer of animals.
Attachments: ILA - Animal Services
16 19-4315 Authorize the City Manager to finalize and execute Contract Amendment
No. 2 to a contract with Prime Time Group, Inc., for right-of-way
acquisition professional services in the amount of $40,000.00.
17 19-4320 Authorize the City Manager to finalize and execute a Third Amendment to
Renew Interlocal Agreement with the Dallas County Hospital District
d/b/a Parkland Health & Hospital System for Biomedical Online and
Offline Medical Supervision in an amount not to exceed $67,334.19 for
Fiscal Year 2019-20, effective October 1, 2019, through September 30,
2020.
City of Mesquite, Texas Page 3 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
Attachments: BioTel 2020 3rd amendment
18 19-4289 Approve Amendment No. 6 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
$335,000.
Attachments: Seizure Amendment 6
OTHER BUSINESS
19 19-4325 Consider calling a public hearing for September 3, 2019, 7:00 p.m., at City
Hall, Council Chamber, 757 N. Galloway Ave., Mesquite, Texas 75149, and
ordering the required public notice for the public hearing be given of the
date, time and location of the hearing for the proposed 2019-20 budget.
City of Mesquite, Texas Page 4 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
PUBLIC HEARINGS
(City Council may approve a different zoning district than the one requested, except that the different
district may not (1) have a maximum structure height or density that is higher than the one requested; or
(2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.)
20 19-4314 Conduct a public hearing to receive citizen input on the proposed Fiscal
Year 2019-20 budget.
21 19-4313 Conduct a public hearing regarding the proposed fiscal year 2019-20 ad
valorem tax rate of $0.734 per $100 valuation.
22 19-4308 Conduct a public hearing and consider an ordinance for Application No.
Z0519-0096 submitted by Pat Akins, Tack Team Investments, LLC, for a
change of zoning from Agricultural to Planned Development -
Single-family Residential to allow a single-family residential subdivision
located at 6401 Shannon Road.
(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 approval with certain
stipulations.)
Attachments: Case Summary
Staff Report & Maps
P & Z Minutes
Ordinance - Z0519-0096
23 19-4311 Conduct a public hearing and consider an ordinance amending the
Mesquite Subdivision Ordinance, thereby amending regulations related to
the submittal and approval processes for plats.
(The Planning and Zoning Commission recommends approval of the
subdivision text amendment.)
Attachments: Staff Memo
PZ Minutes
24 19-4321 Conduct a public hearing and consider an ordinance amending Chapter 13
of the City Code thereby updating regulations pertaining to the removal of
an allowed existing billboard sign structure.
Attachments: Ordinance - Billboard
25 19-4316 Conduct a public hearing and consider possible action for Zoning Text
Amendment No. 2019-03 amending Chapter 8 of the City Code by adding
Article XIV entitled “Special Events and Parades” thereby establishing
regulations pertaining to special events and parades; amending Chapters
3, 8, 9, 10 and 10.5 of the City Code pertaining to special events and
amending Chapter 1 of the Mesquite Zoning Ordinance pertaining to
special events.
City of Mesquite, Texas Page 5 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
(The Planning and Zoning Commission recommends approval of the
zoning text amendment.)
26 19-4324 Conduct a public hearing and consider a resolution repealing Resolution
No. 44-2019 and approving a Chapter 380 Agreement with MM Mesquite
50, LLC, (the “Developer”), authorizing the City Manager to negotiate,
finalize and execute all documents necessary or advisable to complete the
sale of an approximately 5.315-acre tract of City-owned property located
within the Mesquite Rodeo City Reinvestment Zone Number One, to the
Developer, providing a grant to the Developer, the City tract to be
developed as part of the Iron Horse Project and authorizing the City
Manager to administer the agreement on behalf of the City.
(This item was postponed at the July 15, 2019, and August 5, 2019, City
Council meetings.)
Attachments: Resolution - City Tract
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
City of Mesquite, Texas Page 6 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to
consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects
may be discussed:
1. James H. Watson and Others Similarly Situated v. City of Allen, City of Amarillo, City of Arlington, City of
Austin, City of Balch Springs, City of Balcones Heights, City of Bastrop, City of Baytown, City of Bedford,
City of Burleson, City of Cedar Hill, City of Cleveland, City of Conroe, City of Coppell, City of Corpus Christi,
City of Dallas, City of Denton, City of Diboll, City of Duncanville, City of El Paso, City of Elgin, City of
Farmers Branch, City of Fort Worth, City of Frisco, City of Garland, City of Grand Prairie, City of Haltom
City, City of Humble, City of Hurst, City of Hutto, City of Irving, City of Jersey Village, City of Killeen, City of
League City, City of Little Elm, City of Longview, City of Lufkin, City of Magnolia, City of Marshall, City of
Mesquite, City of North Richland Hills, City of Plano, City of Port Lavaca, City of Richardson, City of
Richland Hills, City of Roanoke, City of Round Rock, City of Southlake, City of Sugar Land, City of Tomball,
City of University Park, City of Watauga, City of Willis, Redflex Traffic Systems, Inc., American Traffic
Solutions, Inc., American Traffic Solutions, LLC, Xerox State & Local Solutions, Inc., f/k/a ACS State & Local
Solutions, Inc., and the State of Texas – Filed 4-28-15
2. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City of
Mesquite, Texas; Jack Fyall; Richard Houston; Alan Gafford; Zachary Scott; William Heidelburg; Paul
Polish; Joe Baker; Bill Hedgpeth – Filed 8-12-15; on appeal to the U.S. Court of Appeals for the Fifth Circuit,
Case No. 19-10280
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. 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
5. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18
6. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem –
Filed 3-1-18
7. Haley Gregory v. City of Mesquite, EEOC #450-2018-06081 – Filed 7-25-18
8. City of Mesquite v. Govind Group Corp. – Filed 8-31-18
9. 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
10. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18
11. 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
12. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment – Filed 11-8-18; on
appeal to the Court of Appeals for the Fifth District at Dallas, Case No. 05-19-00667-CV
13. Julia Y. Hodges and Yamileth Hodges v. City of Mesquite – Filed 12-4-18
14. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite – Filed 1-7-19
15. City of Mesquite v. Ashiyana Hospitality, LLC, Navnitkumar C. Patel, Chintan N. Patel and Sunitabahen N.
Patel – Filed 4-9-19
16. City of Mesquite, Texas v. Extra Property Holdings, LLC, and Compass Bank – Filed 4-30-19
17. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19
18. Patricia Brennan and Alyssa Sanders, Individually and as Heirs of Natalie Sanders v. City of Mesquite,
Texas; Victor Palascios; Kyle Stone; Layton Winters; Peter Velasquez; Michael Kelly; Sherry Green;
Marcelet Martin – Filed 5-24-19
19. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of
Mesquite – Filed 5-31-19
City of Mesquite, Texas Page 7 Monday, August 19, 2019
City Council Meeting Agenda August 19, 2019
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.
Following discussions in executive session, the City Council will reconvene in open session where any final
action regarding executive session items will be taken.
The City Council reserves the right to adjourn into executive session at any time during the course of this
meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by
Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding
Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters),
551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic
Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code
Section 418.183(f) (Emergency Management).
The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in
advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD
1-800-735-2989.
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person
licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this
property with a concealed handgun.
Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de
fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de
permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a
person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not
enter this property with a handgun that is carried openly.
Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de
fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de
permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la
vista.
City of Mesquite, Texas Page 8 Monday, August 19, 2019
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