City Council
Regular MeetingMesquite, TX · September 16, 2019
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, September 16, 2019 4:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Tandy Boroughs, Robert Miklos, Greg Noschese,
Bruce Archer, Jeff Casper, and Dan Aleman, City Manager Cliff Keheley and City Secretary Sonja Land.
PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding the Real. Texas. Roads. Program.
Council directed staff to include the Rollingwood Hills Addition in the next Real.
Texas. Roads. Program.
2 Receive briefing regarding STAR Transit’s proposed service model.
3 Receive briefing regarding proposed fee changes for Fiscal Year 2020.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M.
4 Receive quarterly activity report from the Economic Development Department.
This item was not discussed.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:05 P.M.
INVOCATION
Gregg Wren, Pastor, The Saints Chapel, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Marlins Swim Team.
PRESENTATIONS
5 Recognize Harper Holland of the Mesquite Marlins Swim Team.
Mayor Pickett presented Harper Holland with a Certificate of Achievement for her
accomplishments on the 2019 Mesquite Marlins Swim Team.
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City Council Minutes - Final September 16, 2019
SPECIAL ANNOUNCEMENTS
(1) Mr. Miklos invited citizens to attend a free concert by the Mesquite Community Band on October 12,
2019, at 4:00 p.m., at the Mesquite Arts Center, Concert Hall, 1527 North Galloway Avenue, featuring
“Music of the Decades: 1920's - 1990's.”
(2) Mr. Boroughs stated that construction of the new KidsQuest 2.0 playground at DeBusk Park is
currently underway. Citizens have an opportunity to purchase personalized fence pickets for $ 25 each,
through the “Buy a Picket” program. Fence pickets purchased by September 30, 2019, will be installed
for the grand re-opening of the park in November 2019.
(3) Mr. Aleman encouraged citizens to participate in the Haunted Camp Out, hosted by the Parks and
Recreation Department, on October 5-6, 2019, at Camp Rorie Galloway. Family fun activities include
zip lining, costume contest, tent decorating contest and s ’mores. The camp out begins on Saturday,
October 5, 2019, at 10:00 a.m. and ends at Noon on Sunday, October 6, 2019.
(4) Mr. Noschese stated that the Parks and Recreation Department is hosting the “Guts and Gory
Zombie Run Challenge” on September 28, 2019, at Camp Rorie Galloway. Obstacles and missions will
test strength, speed, problem solving and teamwork, along with survival skills. All participants will
receive an official race t-shirt, bag and exclusive ticket to the Survivor’s Toxic Glow Dance Party after
the race. He encouraged everyone to participate in this fun run.
(5) Mr. Noschese reminded citizens that the Mesquite Arts Center has a lot to offer the community and
showed the audience a photograph that he purchased at the Mesquite Arts Center (MAC), as an
example of the hidden gems that can be found at the MAC.
(6) Mr. Archer stated that the Mesquite Public Library System has 47 events and programs planned
during October 2019. Events and programs includes Pre-School Storytime for ages 3 to 5; Wednesday
Funday for ages 12 and under; Page Turners Book Club; Cookies and Crafts for Teens; Young at Art
program for ages 6 to 12; Crazy 8‘s Math Club for students in grades first to fifth; and a Job Seeker
Assistance Program for adults. He stated that he has been a proud Mesquite Public Library cardholder
since 1976.
(7) Mr. Archer announced that Mesquite BBQ, 145 East Davis Street, will hosting a 60th Year
Celebration on Saturday, September 21, 2019. He encouraged everyone to stop by and celebrate with
the oldest restaurant in Mesquite.
(8) Mr. Casper stated that September is Dallas County Elections “Voter Registration Awareness
Month.” The Council encourages citizens to register to vote by the October 7, 2019, deadline in order to
be eligible to vote in the November 5, 2019, election. Residents can register to vote at the Mesquite
Libraries and the Parks and Recreation Department.
(9) Mayor Pickett stated that October 1, 2019, is “National Night Out in Texas,” which is a great
opportunity to get to know your neighbors and helps build a stronger community.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Miklos requested that Item No. 17 be removed from the Consent Agenda to be
considered separately. Mr. Aleman moved to approve the remaining items on the
Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved
unanimously.
6 Minutes of the regular City Council meeting held September 3, 2019.
Approved on the Consent Agenda.
7 An ordinance amending Chapter 1 of the City Code thereby adopting a hardship
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assistance policy regarding ambulance fees and charges.
Approved on the Consent Agenda.
Ordinance No. 4709, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 1 OF THE MESQUITE CITY CODE, AS AMENDED, BY
DELETING SECTION 1-16(3) IN ITS ENTIRETY AND ADDING A NEW SECTION 1-16(3)
AND BY ADDING A NEW SECTION 1-16(4) THEREBY ADOPTING A HARDSHIP
ASSISTANCE POLICY REGARDING AMBULANCE FEES AND CHARGES;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE. (Ordinance No. 4709 recorded in Ordinance
Book No. 117.)
8 An ordinance amending Chapters 2 and 8 of the City Code approving the
continued receipt of the City’s share of bingo prize fee funds from licensed
authorized organizations within the City of Mesquite, as required by House Bill
(HB) 914, enacted by the 86th Texas Legislature.
Approved on the Consent Agenda.
Ordinance No. 4710, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
APPROVING THE CONTINUED RECEIPT OF THE CITY’S SHARE OF BINGO PRIZE
FEE FUNDS; AMENDING CHAPTERS 2 AND 8 OF THE MESQUITE CITY CODE, AS
AMENDED, BY DELETING SECTION 2-61, IN ITS ENTIRETY, IN CHAPTER 2 FOR THE
PURPOSE OF REMOVING THE ONE PERCENT GROSS RECEIPTS TAX NO LONGER
RECOGNIZED BY THE TEXAS BINGO ENABLING ACT; AND BY ADDING A NEW
ARTICLE XIV ENTITLED “GAMING” TO CHAPTER 8 AND ADDING A NEW SECTION
8-881 ENTITLED “BINGO” FOR THE PURPOSE OF PROVIDING FOR THE
CONTINUED RECEIPT OF THE CITY’S SHARE OF BINGO PRIZE FEE FUNDS;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE. (Ordinance No. 4710 recorded in Ordinance
Book No. 117.)
9 An ordinance amending Chapter 9 of the City Code thereby providing a school
zone for McKenzie Elementary School along Gus Thomasson Road, Driftwood
Drive, Emerald Drive and Edgebrook Drive and providing a school zone for
Terry Middle School along Faithon P. Lucas, Sr., Boulevard and Creek Valley
Road.
Approved on the Consent Agenda.
Ordinance No. 4711, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, BY PROVIDING CERTAIN ADDITIONS UNDER SECTIONS 9-147(1)(a) AND
9-147(1)(e) THEREBY PROVIDING A SCHOOL ZONE FOR MCKENZIE ELEMENTARY
SCHOOL ALONG GUS THOMASSON ROAD, DRIFTWOOD DRIVE, EMERALD DRIVE
AND EDGEBROOK DRIVE; AND PROVIDING A SCHOOL ZONE FOR TERRY MIDDLE
SCHOOL ALONG FAITHON P. LUCAS SR. BOULEVARD AND CREEK VALLEY
ROAD; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $500.00 FOR EACH OFFENSE; AND
DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4711 recorded in
Ordinance Book No. 117.)
10 An ordinance, on second and final reading, approving a negotiated settlement
between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy
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City Council Minutes - Final September 16, 2019
Corporation, Mid-Tex Division (“Company”) regarding the Company’s 2019 Rate
Review Mechanism filing; declaring existing rates to be unreasonable; adopting
tariffs that reflect rate adjustments consistent with the negotiated settlement;
finding the rates to be set by the attached settlement tariffs to be just and
reasonable and in the public interest; approving an attached exhibit establishing
a benchmark for pensions and retiree medical benefits; approving an attached
exhibit regarding amortization of regulatory liability; requiring the Company to
reimburse ACSC’s reasonable ratemaking expenses; determining that this
ordinance was passed in accordance with the requirements of the Texas Open
Meetings Act; adopting a savings clause; declaring an effective date; and
requiring delivery of this ordinance to the Company and the ACSC ’s legal
counsel.
Approved on the Consent Agenda.
Ordinance No. 4712, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE
ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP.,
MID-TEX DIVISION REGARDING THE COMPANY’S 2019 RATE REVIEW MECHANISM
FILING; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE
NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE ATTACHED
SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC
INTEREST; APPROVING AN ATTACHED EXHIBIT ESTABLISHING A BENCHMARK
FOR PENSIONS AND RETIREE MEDICAL BENEFITS; APPROVING AN ATTACHED
EXHIBIT REGARDING AMORTIZATION OF REGULATORY LIABILITY; REQUIRING
THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES;
DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. (Ordinance
No. 4712 recorded in Ordinance Book No. 117.)
11 A resolution adopting an Investment Policy for the City of Mesquite.
Approved on the Consent Agenda.
Resolution No. 62-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADOPTING AN INVESTMENT POLICY; DECLARING THAT THE
CITY COUNCIL COMPLETED ITS REVIEW OF THE INVESTMENT POLICIES AND
INVESTMENT STRATEGIES; AND DECLARING AN EFFECTIVE DATE THEREOF.
(Resolution No. 62-2019 recorded in Resolution Book No. 58.)
12 A resolution authorizing the Mayor to execute an Election Services Contract with
the Kaufman County Election Officer in connection with the General Election to
be held November 5, 2019.
Approved on the Consent Agenda.
Resolution No. 63-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ELECTION
SERVICES CONTRACT WITH THE KAUFMAN COUNTY ELECTION OFFICER IN
CONNECTION WITH THE GENERAL ELECTION TO BE HELD NOVEMBER 5, 2019.
(Resolution No. 63-2019 recorded in Resolution Book No. 58.)
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13 A resolution authorizing the Mayor to execute an Election Services Contract and
Joint Election Services Agreement with Dallas County Elections Administrator in
connection with the General Election to be held November 5, 2019.
Approved on the Consent Agenda.
Resolution No. 64-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN ELECTION
SERVICES CONTRACT AND JOINT ELECTION SERVICES AGREEMENT WITH THE
DALLAS COUNTY ELECTIONS ADMINISTRATOR IN CONNECTION WITH THE
GENERAL ELECTION TO BE HELD NOVEMBER 5, 2019. (Resolution No. 64-2019
recorded in Resolution Book No. 58.)
14 A resolution adopting Dallas County Elections Department’s voting system for
use in City of Mesquite elections.
Approved on the Consent Agenda.
Resolution No. 65-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADOPTING DALLAS COUNTY ELECTIONS DEPARTMENT’S
VOTING SYSTEM FOR USE IN THE CITY OF MESQUITE ELECTIONS. (Resolution
No. 65-2019 recorded in Resolution Book No. 58.)
15 A resolution adopting revisions to the City of Mesquite Housing Choice Voucher
Administrative Plan, effective October 1, 2019.
Approved on the Consent Agenda.
Resolution No. 66-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADOPTING THE REVISIONS TO THE CITY OF MESQUITE
HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN; AND DECLARING AN
EFFECTIVE DATE THEREOF. (Resolution No. 66-2019 recorded in Resolution Book
No. 58.)
16 A resolution expressing official intent to reimburse, from the proceeds of
obligations to be issued by the City, the costs of the residential street
reconstruction program, street, road, alley, sidewalk and screening wall
projects, water and sewer system improvements, municipal building
improvements, acquisition of vehicles and equipment, and computer equipment
and software for municipal departments.
Approved on the Consent Agenda.
Resolution No. 67-2019, A RESOLUTION EXPRESSING OFFICIAL INTENT TO
REIMBURSE, FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE
CITY, THE COSTS OF THE RESIDENTIAL STREET RECONSTRUCTION PROOGRAM,
STREET, ROAD, ALLEY, SIDEWALK AND SCREENING WALL PROJECTS, WATER
AND SEWER SYSTEM IMPROVEMENTS, MUNICIPAL BUILDING IMPROVEMENTS
AND ACQUISITION OF VEHICLES AND EQUIPMENT AND COMPUTER EQUIPMENT
AND SOFTWARE FOR MUNICIPAL DEPARTMENTS. (Resolution No. 67-2019
recorded in Resolution Book No. 58.)
18 Bid No. 2018-056 - Annual Landscape Maintenance of the Municipal Center, City
Hall, Mesquite Police Building, Mesquite Arts Center, Mesquite Employee Health
Clinic and Willowbrook Parking Lot - contract renewal option.
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(Staff recommends exercising the first of four contract renewal options with
SLM Landscaping and Maintenance in the amount of $78,500.00, and
authorizing the City Manager to exercise the remaining three one -year renewal
options, subject to annual appropriation of sufficient funds.)
Approved on the Consent Agenda.
19 Bid No. 2019-007 - Annual Supply of Bridgestone/Firestone Auto, Truck, and
Industrial Tires
(Staff recommends award with Southern Tire Mart, through BuyBoard Contract
No. 553-18, sponsored by the Texas Association of School Boards, in an
amount not to exceed $312,832.62. The term of this requirements contract will
be for 18 months, subject to annual appropriation of sufficient funds.)
Approved on the Consent Agenda.
20 Bid No. 2019-113 - Gross Road Sanitary Sewer Rehabilitation by Pipe Bursting.
(Authorize the City Manager to finalize and execute a contract with Insituform
Technologies, LLC, through BuyBoard Contract No. 555-18, sponsored by the
Texas Association of School Boards, in the amount of $155,546.75.)
Approved on the Consent Agenda.
21 Bid No. 2020-003 - Annual Avaya Telephone System Maintenance.
(Staff recommends award to Lantana Communications Corporation, through
the Texas Department of Information Resources Contract No. DIR-TSO-3991,
in the amount of $73,226.28. This contract is for a one-year period with two
additional one-year renewal options, subject to annual appropriation of sufficient
funds.)
Approved on the Consent Agenda.
22 Authorize the City Manager to finalize and execute a professional engineering
services contract with Halff Associates, Inc., for the preparation of a Letter of
Map Revision (LOMR) for North Mesquite Creek at the Tripp Road and Belt Line
Road Intersection and to model drainage improvements to North Mesquite
Creek that would lower flood elevations and remove properties from the
floodplain, in the amount of $91,700.00.
Approved on the Consent Agenda.
23 Authorize the City Manager to finalize and execute a contract amendment with
Garver LLC, for the design of a 12-foot-wide hike and bike trail along Military
Parkway from Sam Houston Road to Rodeo Center Boulevard in the amount of
$68,393.00.
Approved on the Consent Agenda.
24 Authorize the City Manager to negotiate and execute a change order to Bid No .
2019-022, Hoops, Haddock, Cascade, Oriole, Ervin, and Valley View Heights
Paving, with Texas Materials Group Inc., dba TexasBit, in the amount of
$267,042.59.
Approved on the Consent Agenda.
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City Council Minutes - Final September 16, 2019
25 Authorize the City Manager to finalize and execute Supplemental Agreement No .
1 to the Interlocal Agreement with STAR Transit to provide public transportation
services in the estimated amount of $500,510.00 for Fiscal Year 2020.
Approved on the Consent Agenda.
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
17 A resolution consenting to and evidencing support for creation of the Spradley
Farms Improvement District of Kaufman County through the Texas
Commission on Environmental Quality to include approximately 621.998 acres
of land, consisting of approximately 613.573 acres generally located south of
Interstate 20, north and east of FM 2757, and north and west of Union Hill Road,
and approximately 8.425 acres generally located north of Interstate 20 and
southwest of Cimarron Trail, all of such property being located in Kaufman
County, Texas, and being located within the corporate limits of the City of
Mesquite.
David Paschall, City Attorney, stated that a Section 5 has been added to the
resolution as follows: “This resolution shall be repealed and rescinded in its
entirety if the City does not approve a master development agreement pertaining
to the operation of the District and the financing of public improvements on or
before 90 days from the date of this resolution.”
John Jordan, representing Spradley Farms, stated that the developer and City
cannot move forward with the project until there is an executed development
agreement. Mr. Jordan stated that 90 days is an unreasonable request to be
placed upon City staff as well as the legal teams to facilitate the additional
studies that need to be completed. Mr. Jordan prefers to tie the support to the
approval from the Texas Commission on Environmental Quality (TCEQ). After
compromising with the Council, Mr. Jordan agreed to Mr. Paschall's addition of
Section 5 to the resolution changing 90 days to 150 days.
Clay Crawford, representing Spradley Farms, stated that the City can remove
their support of the project at any time prior to the TCEQ hearing.
Mr. Miklos moved to approve Resolution No. 68-2019, and adding Section 5, “This
resolution shall be repealed and rescinded in its entirety if the City does not
approve a master development agreement pertaining to the operation of the
District and the financing of public improvements on or before 150 days from the
date of this resolution,” A RESOLUTION OF THE CITY OF MESQUITE, TEXAS,
CONSENTING TO AND EVIDENCING SUPPORT FOR CREATION OF THE SPRADLEY
FARMS IMPROVEMENT DISTRICT OF KAUFMAN COUNTY THROUGH THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY, TO INCLUDE APPROXIMATELY
621.998 ACRES OF LAND, CONSISTING OF APPROXIMATELY 613.573 ACRES
GENERALLY LOCATED SOUTH OF INTERSTATE 20, NORTH AND EAST OF FM
2757, AND NORTH AND WEST OF UNION HILL ROAD, AND APPROXIMATELY 8.425
ACRES GENERALLY LOCATED NORTH OF INTERSTATE 20 AND SOUTHWEST OF
CIMARRON TRAIL, ALL OF SUCH PROPERTY BEING LOCATED IN KAUFMAN
COUNTY, TEXAS, AND BEING LOCATED WITHIN THE CORPORATE LIMITS OF THE
CITY OF MESQUITE, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Motion was
seconded by Mr. Archer. On call for a vote on the motion, the following votes
were cast:
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City Council Minutes - Final September 16, 2019
Ayes: Miklos, Archer, Pickett, Boroughs
Nayes: Noschese, Casper, Aleman
Motion carried. (Resolution No. 68-2019 recorded in Resolution Book No. 58.)
END OF CONSENT AGENDA
PUBLIC HEARINGS
26 Conduct a public hearing and consider an ordinance designating a contiguous
geographic area consisting of approximately 652 acres of undeveloped property
generally located between FM 2757 and IH-20 and North of IH-20 East of FM
740 in Kaufman County, Texas, and being commonly referred to as Spradley
Farms, located within the corporate limits of the City of Mesquite, as a
Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code, to be
known as Reinvestment Zone Number Thirteen, City of Mesquite, Texas
(Spradley Farms), describing the boundaries of the Zone, creating a Board of
Directors for the Zone, establishing a tax increment fund for the Zone,
containing findings related to the creation of the Zone, providing a date for the
termination of the Zone and providing that the Zone take effect immediately upon
passage of the ordinance.
(This item was postponed at the September 3, 2019, City Council meeting.)
A public hearing was held designating a contiguous geographic area consisting
of approximately 652 acres of undeveloped property generally located between
FM 2757 and IH-20 and North of IH-20 East of FM 740 in Kaufman County, Texas,
and being commonly referred to as Spradley Farms, located within the
boundaries of the City of Mesquite, as a Reinvestment Zone pursuant to Chapter
311 of the Texas Tax Code, to be known as Reinvestment Zone Number Thirteen,
City of Mesquite, Texas (Spradley Farms).
Ted Chinn, Assistant City Manager, stated that the proposed ordinance creates
Reinvestment Zone Number 13 (Spradley Farms TIRZ).
No one appeared regarding the creation of the Spradley Farms TIRZ.
Mr. Miklos stated that the preliminary Project and Finance Plan specifies the
financing and sets a 65 percent participation rate by the City (65 percent of the
increased taxes), which will be garnered on each parcel in the Spradley Farms
TIRZ by the City for 35 years, and he will not support any participation rate higher
than 65 percent when the final Project and Finance Plan designates the City’s
TIRZ increment participation rate.
Mr. Aleman moved to approve Ordinance No. 4713, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA
CONSISTING OF APPROXIMATELY 652 ACRES OF UNDEVELOPED PROPERTY
GENERALLY LOCATED BETWEEN FM 2757 AND IH-20 AND NORTH OF IH-20 EAST
OF FM 740 IN KAUFMAN COUNTY, TEXAS, AND BEING COMMONLY REFERRED TO
AS SPRADLEY FARMS, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY
OF MESQUITE, TEXAS, AS A REINVESTMENT ZONE PURSUANT TO CHAPTER 311
OF THE TEXAS TAX CODE, TO BE KNOWN AS REINVESTMENT ZONE NUMBER
THIRTEEN, CITY OF MESQUITE, TEXAS (SPRADLEY FARMS); DESCRIBING THE
BOUNDARIES OF THE ZONE; CREATING A BOARD OF DIRECTORS FOR THE ZONE;
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City Council Minutes - Final September 16, 2019
ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; CONTAINING FINDINGS
RELATED TO THE CREATION OF THE ZONE; PROVIDING A DATE FOR THE
TERMINATION OF THE ZONE; PROVIDING THAT THE ZONE TAKE EFFECT
IMMEDIATELY UPON PASSAGE OF THE ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was
seconded by Mr. Casper and approved unanimously. (Ordinance No. 4713
recorded in Ordinance Book No. 117.)
27 Conduct a public hearing and consider an ordinance for Application No .
Z0619-0099, submitted by Marvin Cooksey, for a change of zoning from
Commercial to Commercial with a Conditional Use Permit to allow a primary
outdoor storage yard and a substitution to allow an r-panel fence instead of the
required solid wood fence or masonry screening wall, located at 2533
Westwood Avenue.
(Eight responses in favor and none in opposition to the application have been
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval of the application with
certain stipulations.)
A public hearing was held for Application No. Z0619-0099.
Jeff Armstrong, Director of Planning and Development Services, stated that the
applicant proposes to use the property for outdoor storage to store vehicles and
equipment and requested to keep the existing r-panel screening fence, facing
Westwood Avenue, after this item was presented to the Planning and Zoning
Commission. The applicant proposes to install the required pavement in two
phases with a t-post barrier to separate the unpaved area from the paved area.
Mr. Armstrong reviewed the proposed stipulations.
Applicant Browny Cooksey stated that he has been in business in the subject
area for 45 years and agrees to paving the lot.
No one appeared regarding the proposed amendment.
Mr. Boroughs moved to approve Application No. Z0619-0099, as recommended by
the Planning and Zoning Commission, with the following stipulations, adding
Stipulation No. 4, and changing the reference of Section 3-603.A.1 in Section 1 of
the ordinance to Section 3-603.A.2, as follows:
1. Install T-post and wire fencing spanning the southwestern edge of pavement.
2. Two approved trees from Section 1A-500 shall be planted within the front
setback along Westwood Avenue.
3. A wrought-iron gate with mesh privacy screening at a height no shorter than
six feet and no greater than eight feet shall be installed at the point of access on
Westwood Avenue.
4. All outdoor storage shall be screened by a permanently maintained solid
masonry wall at least six feet in height along the front property line, the
construction of which is deferred for a period of nine months from the date of this
ordinance.
And to approve Ordinance No. 4714, AN ORDINANCE AMENDING THE MESQUITE
ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL
TO COMMERCIAL WITH A CONDITIONAL USE PERMIT TO ALLOW SUBJECT
PROPERTIES TO BE USED AS A PRIMARY OUTDOOR STORAGE YARD PER
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SECTION 3-603.A.2 OF THE MESQUITE ZONING ORDINANCE ON PROPERTY
LOCATED AT 2533 WESTWOOD AVENUE 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. Archer. On call for a vote on the motion, the following votes
were cast:
Ayes: Boroughs, Archer, Pickett, Miklos, Aleman
Nayes: Noschese, Casper
Motion carried. (Ordinance No. 4714 recorded in Ordinance Book No. 117.)
28 Conduct a public hearing and consider an ordinance for Application No .
Z0719-0101, submitted by Christopher Salazar, for a change of zoning from
Commercial to Commercial with a Conditional Use Permit to allow the sale of
used appliances, located at 1830 Range Drive, Suite 115.
(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 of the application with certain
stipulations.)
A public hearing was held for Application No. Z0719-0101.
Jeff Armstrong, Director of Planning and Development Services, stated that the
applicant proposes the operation of a business that repairs and sells used
appliances. Several of the proposed stipulations would limit how inventory is
received and where repairs are made. Mr. Armstrong reviewed the proposed
stipulations.
Applicant Chris Salazar stated that he proposes to operate a store to repair and
sell used appliances such as refrigerators, washers, dryers and dishwashers.
Stoves would only be sold as new items. A majority of the showroom will be
used for approximately 12 appliances with a separate space for minor repairs in
the back of the showroom. The used appliances will be purchased from a
network of clientele from sources such as Craig’s List and OfferUp. Employees
will pick up the used merchandise and drop off at the rear of the business.
No one appeared regarding the proposed amendment.
Mr. Archer moved to approve Application No. Z0719-0101, as recommended by
the Planning and Zoning Commission, with the following stipulations, adding
Stipulation Nos. 7 and 8, as follows:
1. There shall be no outdoor display or storage permitted on the premises.
2. Deliveries of merchandise, inventory or appliances shall not be delivered or
dropped off to the store outside of regular business hours.
3. Deliveries or drop off of merchandise, inventory or appliances must be located
in the rear of the business.
4. Delivery or drop off merchandise, inventory or appliances shall be prohibited
unless an employee is present to receive delivery.
5. Disposal of merchandise at the rear of the property or in the Range Plaza
refuse containers is prohibited.
6. This CUP will expire three years from the date of issuance of the certificate of
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City Council Minutes - Final September 16, 2019
occupancy. The user may apply for a new CUP upon expiration, subject to the
procedural requirements of a zoning change.
7. The area where merchandise, inventory or appliances are repaired shall be
separated by a wall from the area where merchandise, inventory or appliances
are sold.
8. This CUP is approved solely for the used appliance business to be operated by
Christopher Salazar at the property and the CUP shall not be transferable to a
different person or business. A different business applicant desiring to continue
this non-transferable CUP shall submit a new application requesting to continue
the CUP. Such application shall require the same procedures outlined in the
Mesquite Zoning Ordinance for initial approval of a CUP.
And to approve Ordinance No. 4715, AN ORDINANCE AMENDING THE MESQUITE
ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL
TO COMMERCIAL WITH A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF
USED APPLIANCES ON PROPERTY LOCATED AT 1830 RANGE DRIVE, SUITE 115,
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. On call
for a vote on the motion, the following votes were cast:
Ayes: Archer, Boroughs, Miklos, Noschese, Casper, Aleman
Nayes: Pickett
Motion carried. (Ordinance No. 4715 recorded in Ordinance Book No. 117.)
29 Conduct a public hearing and consider a resolution approving the terms and
conditions of a program (Chapter 380 Agreement) to promote local economic
development and stimulate business and commercial activity in the City and
authorizing the City Manager to finalize and execute an Economic Development
Program Agreement with HMH Lifestyles, L.P., for the development of a
townhome project on property located at 2920 Gus Thomasson Road.
A public hearing was held to consider a Chapter 380 agreement with HMH
Lifestyles, L.P., for the development of a townhome project located at 2920 Gus
Thomasson Road.
Cliff Keheley, City Manager, stated that History Maker Homes is proposing a
townhome development, known as Cloverleaf, consisting of 227 townhome units
on 36 acres with open space and amenities. A portion of the development
includes a property donation for drainage improvements for the townhome
development, relocation of athletic fields at North Mesquite High School to
remove them from the floodplain and development of retail lots. The terms of the
Chapter 380 agreement provide City participation in a reimbursement not to
exceed $366,868.00, which is a rebate of the development fees paid by the
developer during the course of the project.
Darrel Amen, representing History Maker Homes, stated that a mandatory
homeowners association will be responsible for the maintainance of all front
yard landscaping and the exterior of each townhome unit, in addition to all
public landscaped areas.
No one appeared regarding the proposed Chapter 380 agreement.
City of Mesquite, Texas Page 11
City Council Minutes - Final September 16, 2019
Mr. Noschese moved to approve Resolution No. 69-2019, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY;
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT
FOR SUCH PURPOSES WITH HMH LIFESTYLES, L.P., FOR THE DEVELOPMENT OF
A TOWNHOME PROJECT ON PROPERTY LOCATED AT 2920 GUS THOMASSON
ROAD, 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. Boroughs and approved unanimously. (Resolution No.
69-2019 recorded in Resolution Book No. 58.)
CONSIDERATION OF ORDINANCES
Mr. Boroughs left the meeting.
Kenny Green, 4530 Gus Thomasson #3119, expressed appreciation to the City Council for amending
the Pay Plan for dispatchers.
Consider passage of the following ordinances related to the Fiscal Year 2019-20 Budget:
30 An ordinance adopting 2019-20 Pay Plans for General Government employees
effective October 1, 2019, providing flat, fixed pay adjustments for certain
employees in hard-to-fill positions and providing market adjustments, merit
increases and training pay for certain public safety dispatchers, adopting
revised pay plans with market adjustments for commissioned Police and Fire
personnel effective January 1, 2020, providing step increases for eligible
commissioned Police and Fire personnel effective on their respective
anniversary date and providing increased prior and current service annuities
under the Texas Municipal Retirement System for qualifying retirees and
beneficiaries, which includes a cost of living adjustment (COLA) at the 50
percent level.
Debbie Mol, Director of Finance, stated that the Cost of Living Adjustment (COLA)
for retirees is 50 percent of the United States COLA increase.
Mr. Archer moved to approve Ordinance No. 4716, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS (“CITY”), ADOPTING 2019-20 PAY PLANS FOR FULL-TIME
AND PART-TIME GENERAL GOVERNMENT PERSONNEL WITH AN EFFECTIVE DATE
OF OCTOBER 1, 2019 PROVIDING MARKET ADJUSTMENTS TO THE MINIMUM,
MIDPOINT AND MAXIMUM SALARY RANGE PAY STRUCTURE OF CERTAIN
GENERAL GOVERNMENT POSITIONS; PROVIDING FLAT, FIXED PAY
ADJUSTMENTS FOR CERTAIN QUALIFYING FULL-TIME GENERAL GOVERNMENT
PERSONNEL THAT ARE EMPLOYED IN THE CITY’S PUBLIC WORKS, PARKS AND
RECREATION, AND ANIMAL SERVICES DEPARTMENTS; PROVIDING
TWO-PERCENT MERIT INCREASES FOR CERTAIN QUALIFYING GENERAL
GOVERNMENT PERSONNEL EFFECTIVE ON THE EMPLOYEE’S ANNIVERSARY
DATE; PROVIDING A FOUR-PERCENT MARKET ADJUSTMENT FOR PUBLIC
SAFETY DISPATCHERS AND PUBLIC SAFETY DISPATCHER SUPERVISORS
EFFECTIVE JANUARY 1, 2020; PROVIDING TRAINING PAY FOR CERTAIN PUBLIC
SAFETY DISPATCHERS EFFECTIVE OCTOBER 1, 2019; ADOPTING REVISED PAY
PLANS FOR COMMISSIONED POLICE AND FIRE PERSONNEL WITH AN EFFECTIVE
DATE OF JANUARY 1, 2020 PROVIDING A TWO-PERCENT MARKET ADJUSTMENT
City of Mesquite, Texas Page 12
City Council Minutes - Final September 16, 2019
FOR COMMISSIONED POLICE AND FIRE PERSONNEL EFFECTIVE JANUARY 1,
2020 AND PROVIDING STEP INCREASES FOR ELIGIBLE COMMISSIONED POLICE
AND FIRE PERSONNEL EFFECTIVE ON THE EMPLOYEE’S ANNIVERSARY DATE;
PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER
THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR
RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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, Casper, Noschese, Miklos
Nayes: None
Abstentions: Boroughs
Motion carried. (Ordinance No. 4716 recorded in Ordinance Book No. 117.)
31 An ordinance establishing a bilingual assignment pay program for the Mesquite
Fire Department and authorizing assignment pay for commissioned Fire
Fighters and General Government employees of the Mesquite Fire Department
who have satisfied certain criteria and who have been assigned to perform the
specialized function of translating certain languages as part of their duties for
the Mesquite Fire Department.
Mr. Boroughs entered the meeting.
Mr. Aleman moved to approve Ordinance No. 4717, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, ESTABLISHING A BILINGUAL ASSIGNMENT PAY
PROGRAM FOR THE MESQUITE FIRE DEPARTMENT AND AUTHORIZING
ASSIGNMENT PAY FOR COMMISSIONED FIRE FIGHTERS AND GENERAL
GOVERNMENT EMPLOYEES OF THE MESQUITE FIRE DEPARTMENT WHO HAVE
SATISFIED CERTAIN CRITERIA AND WHO HAVE BEEN ASSIGNED TO PERFORM
THE SPECIALIZED FUNCTION OF TRANSLATING CERTAIN LANGUAGES AS PART
OF THEIR DUTIES FOR THE MESQUITE FIRE DEPARTMENT; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE. Motion was seconded by Mr. Archer and approved
unanimously. (Ordinance No. 4717 recorded in Ordinance Book No. 117.)
32 An ordinance amending Section 2 of Ordinance No. 4361 increasing the
assignment pay for members of the Mesquite Fire Department who satisfy
certain conditions and criteria and who are assigned to perform the specialized
function of a paramedic actually assigned to designated front -line ambulances
during working hours (“front-line/ride-out ambulance services”).
Mr. Archer moved to approve Ordinance No. 4718, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 4361
INCREASING THE ASSIGNMENT PAY FOR MEMBERS OF THE MESQUITE FIRE
DEPARTMENT WHO SATISFY CERTAIN CONDITIONS AND CRITERIA AND WHO
ARE ASSIGNED TO PERFORM THE SPECIALIZED FUNCTION OF A PARAMEDIC
ACTUALLY ASSIGNED TO DESIGNATED FRONT-LINE AMBULANCES DURING
WORKING HOURS (“FRONT-LINE/RIDE-OUT AMBULANCE SERVICES”);
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Noschese. On call
for a vote on the motion, the following votes were cast:
Ayes: Archer, Noschese, Pickett, Boroughs, Miklos, Aleman
City of Mesquite, Texas Page 13
City Council Minutes - Final September 16, 2019
Nayes: Casper
Motion carried. (Ordinance No. 4718 recorded in Ordinance Book No. 117.)
33 An ordinance providing funds for Fiscal Year 2019-20 by adopting and approving
the budget for said period and appropriating and setting aside the necessary
funds out of the general and other revenues of the City for said fiscal year for
the maintenance and operation of various departments and activities of the City,
for capital and other improvements of the City and for all other expenditures
included in said budget.
Mr. Archer moved to approve Ordinance No. 4719, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, PROVIDING FUNDS FOR THE 2019-20 FISCAL YEAR BY
ADOPTING AND APPROVING THE BUDGET FOR SAID PERIOD AND
APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE
GENERAL AND OTHER REVENUES OF THE CITY FOR SAID FISCAL YEAR FOR THE
MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND ACTIVITIES
OF THE CITY, FOR CAPITAL AND OTHER IMPROVEMENTS OF THE CITY AND FOR
ALL OTHER EXPENDITURES INCLUDED IN SAID BUDGET; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE. Motion was seconded by Mr. Aleman and approved
unanimously. (Ordinance No. 4718 recorded in Ordinance Book No. 117.)
34 An ordinance ratifying the property tax revenue increase reflected in the Fiscal
Year 2019-20 budget.
Mr. Aleman moved to approve Ordinance No. 4720, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, RATIFYING THE PROPERTY TAX REVENUE INCREASE
REFLECTED IN THE 2019-20 FISCAL YEAR BUDGET FOR SAID PERIOD;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Boroughs and
approved unanimously. (Ordinance No. 4720 recorded in Ordinance Book No.
117.)
35 An ordinance levying the ad valorem taxes for tax year 2019 (Fiscal Year
2019-20).
Mr. Casper stated that the last time the City Council raised the property taxes was
2008. The tax increases since that time have been due to the voter-approved
Real. Texas. Roads. Street Bond Program and home value increases.
Mr. Casper stated, "I move that the property tax rate be increased by the
adoption of a tax rate of $0.734 per $100 of valuation, which is effectively a 5.64
percent increase in the tax rate."
And to approve Ordinance No. 4721, AN ORDINANCE OF THE CITY OF MESQUITE,
TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2019 AT A RATE OF
$0.734 PER $100.00 ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN
THE CORPORATE LIMITS OF THE CITY OF MESQUITE, TEXAS, ON JANUARY 1,
2019, TO PROVIDE REVENUE FOR THE PAYMENT OF CURRENT EXPENSES AND
INTEREST AND SINKING FUND REQUIREMENTS; PROVIDING FOR DUE AND
DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING
FOR PLACE OF PAYMENT; APPROVING THE 2019 TAX ROLLS AND ANY
SUPPLEMENT THERETO; PROVIDING CERTAIN EXEMPTIONS; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
City of Mesquite, Texas Page 14
City Council Minutes - Final September 16, 2019
EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Boroughs and approved
unanimously. (Ordinance No. 4721 recorded in Ordinance Book No. 117.)
36 An ordinance determining the population of the City of Mesquite to be 145,030
as of October 1, 2019.
Mr. Casper moved to approve Ordinance No. 4722, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, DETERMINING THE POPULATION OF THE CITY OF
MESQUITE, TEXAS, TO BE 145,030 AS OF OCTOBER 1, 2019; AND DECLARING AN
EFFECTIVE DATE. Motion was seconded by Mr. Aleman and approved
unanimously. (Ordinance No. 4722 recorded in Ordinance Book No. 117.)
37 An ordinance amending Appendix D of the City Code entitled “Comprehensive
Fee Schedule,” for fees collected by the City of Mesquite.
Mr. Boroughs moved to approve Ordinance No. 4723 with the following change:
That the line item for Commercial and industrial stationary compaction service;
Front load; Rates one time per week for Three yards, contained in Section
14-112 of Exhibit “A” titled Cost plus commercial disposal, be corrected to show a
cost of $68.47, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING
APPENDIX D – THE COMPREHENSIVE FEE SCHEDULE OF THE MESQUITE CITY
CODE, AS AMENDED, BY DELETING APPENDIX D IN ITS ENTIRETY AND ADDING A
NEW APPENDIX D FOR FEES COLLECTED BY THE CITY OF MESQUITE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN
EFFECTIVE DATE. Motion was seconded by Mr. Archer and approved
unanimously. (Ordinance No. 4723 recorded in Ordinance Book No. 117.)
OTHER BUSINESS
38 Consider cancelling the regular City Council meeting scheduled for Monday,
September 23, 2019.
Mr. Casper moved to cancel the regular City Council meeting scheduled for
Monday, September 23, 2019. Motion was seconded by Mr. Archer. On call for a
vote on the motion, the following votes were cast:
Ayes: Casper, Archer, Pickett, Boroughs, Miklos, Aleman
Nayes: Noschese
Motion carried.
APPOINTMENTS TO BOARDS AND COMMISSIONS
39 Consider appointment of one regular member to the Board of Adjustment for a
term to expire January 1, 2021, one alternate member for a term to expire
January 1, 2020, and two reserve alternate members for terms to expire
January 1, 2020, and January 1, 2021.
Mr. Archer moved to change the appointment of Aeneas Ford from an alternate
member to a regular member of the Board of Adjustment for a term to expire
January 1, 2021, and to appoint Jack Akin as an alternate member for a term to
expire January 1, 2020. Motion was seconded by Mr. Aleman and approved
unanimously.
City of Mesquite, Texas Page 15
City Council Minutes - Final September 16, 2019
40 Consider appointment of four regular members to the Planning and Zoning
Commission/Capital Improvements Advisory Committee for terms to expire
September 30, 2021.
Mr. Casper moved to reappoint Ronald Abraham, Yolanda Shepard and Debbie
Anderson as regular members of the Planning and Zoning Commission/Capital
Improvements Advisory Committee and to change the appointment of Claude
McBride, Sr., from an alternate member to a regular member, all for terms to
expire September 30, 2021. Motion was seconded by Mr. Boroughs and approved
unanimously.
41 Consider appointment of Patricia DeLaGarza to the Personnel/Trial Board for a
term to expire November 7, 2022, and confirmation of appointment by the City
Manager of Patricia DeLaGarza to serve as a member of the City of Mesquite
Fire Firefighters’ and Police Officers’ Civil Service Commission for a term to
expire November 7, 2022.
Mr. Casper moved to appoint Patricia DeLaGarza as a member of the
Personnel/Trial Board for a term to expire November 7, 2022, who will also serve
on the Civil Service Commission. Motion was seconded by Mr. Aleman and
approved unanimously.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 9:09 P.M.
Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section
551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real
property and Section 551.087 of the Texas Government Code to consider commercial or financial
information regarding business prospects or projects (Item No. 42 – Discuss selection of a respondent
to a Request for Qualification (RFQ) for the potential lease and redevelopment of 117 West Main Street,
within Downtown Mesquite); whereupon, the City Council proceeded to meet in the Executive
Conference Room. After the closed meeting ended at 9:30 p.m., the City Council reconvened in Open
Session.
No executive action was necessary.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 9:30 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 (Annual review of City Secretary); whereupon, the City Council proceeded to meet in the
Executive Conference Room. After the closed meeting ended at 10:20 p.m., the City Council
reconvened in Open Session.
No executive action was necessary.
ADJOURNMENT
Mr. Miklos moved to adjourn the meeting. Motion was seconded by Mr. Noschese
and approved unanimously. The meeting adjourned at 10:34 p.m.
City of Mesquite, Texas Page 16
City Council Minutes - Final September 16, 2019
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 17
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, September 16, 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 19-4344 Receive briefing regarding the Real. Texas. Roads. Program.
2 19-4386 Receive briefing regarding STAR Transit’s proposed service model.
3 19-4392 Receive briefing regarding proposed fee changes for Fiscal Year 2020.
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.
4 19-4380 Receive quarterly activity report from the Economic Development
Department.
Attachments: Quarterly Report
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Gregg Wren, Pastor, The Saints Chapel, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Marlins Swim Team.
City of Mesquite, Texas Page 1 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
PRESENTATIONS
5 19-4389 Recognize Harper Holland of the Mesquite Marlins Swim Team.
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 items
on the agenda, 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. Citizens addressing the Council through a translator will be allowed six minutes. 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 Council or any individual wish to discuss any item, said item may be removed
from the consent Agenda by motion of the City Council. Any individual desiring to address the City Council
regarding an item on the Consent Agenda shall do so on a first-come, first-served basis. Comments are
limited to three minutes, except a speaker addressing the Council through a translator will be allowed six
minutes.)
6 19-4255 Minutes of the regular City Council meeting held September 3, 2019.
Attachments: 09.03.2019m
7 19-4378 An ordinance amending Chapter 1 of the City Code thereby adopting a
hardship assistance policy regarding ambulance fees and charges.
Attachments: Ordinance - Hardship Assistance
8 19-4301 An ordinance amending Chapters 2 and 8 of the City Code approving the
continued receipt of the City’s share of bingo prize fee funds from licensed
authorized organizations within the City of Mesquite, as required by
House Bill (HB) 914, enacted by the 86th Texas Legislature.
Attachments: Ordinance - Bingo
9 19-4362 An ordinance amending Chapter 9 of the City Code thereby providing a
school zone for McKenzie Elementary School along Gus Thomasson Road,
Driftwood Drive, Emerald Drive and Edgebrook Drive and providing a
school zone for Terry Middle School along Faithon P. Lucas, Sr., Boulevard
and Creek Valley Road.
City of Mesquite, Texas Page 2 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
Attachments: Location Map – McKenzie Elementary School 1
Location Map – McKenzie Elementary School 2
Location Map – Terry Middle School
Ordinance - School Zone
10 19-4383 An ordinance, on second and final reading, approving a negotiated
settlement between the Atmos Cities Steering Committee (“ACSC”) and
Atmos Energy Corporation, Mid-Tex Division (“Company”) regarding the
Company’s 2019 Rate Review Mechanism filing; declaring existing rates to
be unreasonable; adopting tariffs that reflect rate adjustments consistent
with the negotiated settlement; finding the rates to be set by the attached
settlement tariffs to be just and reasonable and in the public interest;
approving an attached exhibit establishing a benchmark for pensions and
retiree medical benefits; approving an attached exhibit regarding
amortization of regulatory liability; requiring the Company to reimburse
ACSC’s reasonable ratemaking expenses; determining that this ordinance
was passed in accordance with the requirements of the Texas Open
Meetings Act; adopting a savings clause; declaring an effective date; and
requiring delivery of this ordinance to the Company and the ACSC’s legal
counsel.
Attachments: Ordinance - Atmos
Rate Review Mechanism Background
11 19-4376 A resolution adopting an Investment Policy for the City of Mesquite.
Attachments: Resolution - Investment Policy
Redlined Version – Investment Policy
12 19-4355 A resolution authorizing the Mayor to execute an Election Services
Contract with the Kaufman County Election Officer in connection with the
General Election to be held November 5, 2019.
Attachments: Resolution - KC Election Contract
13 19-4354 A resolution authorizing the Mayor to execute an Election Services
Contract and Joint Election Services Agreement with Dallas County
Elections Administrator in connection with the General Election to be held
November 5, 2019.
Attachments: Resolution - DC Election Contract
14 19-4394 A resolution adopting Dallas County Elections Department’s voting system
for use in City of Mesquite elections.
Attachments: Resolution - Voting System
15 19-4371 A resolution adopting revisions to the City of Mesquite Housing Choice
Voucher Administrative Plan, effective October 1, 2019.
City of Mesquite, Texas Page 3 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
Attachments: Resolution - Housing
16 19-4391 A resolution expressing official intent to reimburse, from the proceeds of
obligations to be issued by the City, the costs of the residential street
reconstruction program, street, road, alley, sidewalk and screening wall
projects, water and sewer system improvements, municipal building
improvements, acquisition of vehicles and equipment, and computer
equipment and software for municipal departments.
Attachments: Resolution - Intent to Reimburse
17 19-4400 A resolution consenting to and evidencing support for creation of the
Spradley Farms Improvement District of Kaufman County through the
Texas Commission on Environmental Quality to include approximately
621.998 acres of land, consisting of approximately 613.573 acres
generally located south of Interstate 20, north and east of FM 2757, and
north and west of Union Hill Road, and approximately 8.425 acres
generally located north of Interstate 20 and southwest of Cimarron Trail,
all of such property being located in Kaufman County, Texas, and being
located within the corporate limits of the City of Mesquite.
18 19-4366 Bid No. 2018-056 - Annual Landscape Maintenance of the Municipal
Center, City Hall, Mesquite Police Building, Mesquite Arts Center, Mesquite
Employee Health Clinic and Willowbrook Parking Lot - contract renewal
option.
(Staff recommends exercising the first of four contract renewal options
with SLM Landscaping and Maintenance in the amount of $78,500.00, and
authorizing the City Manager to exercise the remaining three one-year
renewal options, subject to annual appropriation of sufficient funds.)
Attachments: Best Value Matrix
19 19-4365 Bid No. 2019-007 - Annual Supply of Bridgestone/Firestone Auto, Truck,
and Industrial Tires
(Staff recommends award with Southern Tire Mart, through BuyBoard
Contract No. 553-18, sponsored by the Texas Association of School
Boards, in an amount not to exceed $312,832.62. The term of this
requirements contract will be for 18 months, subject to annual
appropriation of sufficient funds.)
Attachments: BuyBoard Contract 553-18
20 19-4343 Bid No. 2019-113 - Gross Road Sanitary Sewer Rehabilitation by Pipe
Bursting.
(Authorize the City Manager to finalize and execute a contract with
Insituform Technologies, LLC, through BuyBoard Contract No. 555-18,
sponsored by the Texas Association of School Boards, in the amount of
$155,546.75.)
City of Mesquite, Texas Page 4 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
Attachments: Gross Rd Sewer Line Photo 1
Gross Rd Sewer Line Photo 2
Gross Rd Sewer Line Photo 3
Location Map
Proposal
21 19-4356 Bid No. 2020-003 - Annual Avaya Telephone System Maintenance.
(Staff recommends award to Lantana Communications Corporation,
through the Texas Department of Information Resources Contract No.
DIR-TSO-3991, in the amount of $73,226.28. This contract is for a
one-year period with two additional one-year renewal options, subject to
annual appropriation of sufficient funds.)
Attachments: Lantana quote
22 19-4348 Authorize the City Manager to finalize and execute a professional
engineering services contract with Halff Associates, Inc., for the
preparation of a Letter of Map Revision (LOMR) for North Mesquite Creek
at the Tripp Road and Belt Line Road Intersection and to model drainage
improvements to North Mesquite Creek that would lower flood elevations
and remove properties from the floodplain, in the amount of $91,700.00.
Attachments: Location Map
Photo of Flooding on Belt Line-South of Tripp
Photo of Flooding on Belt Line South of Tripp Rd
23 19-4363 Authorize the City Manager to finalize and execute a contract amendment
with Garver LLC, for the design of a 12-foot-wide hike and bike trail along
Military Parkway from Sam Houston Road to Rodeo Center Boulevard in
the amount of $68,393.00.
Attachments: Contract Amendment
Location Map
24 19-4369 Authorize the City Manager to negotiate and execute a change order to
Bid No. 2019-022, Hoops, Haddock, Cascade, Oriole, Ervin, and Valley View
Heights Paving, with Texas Materials Group Inc., dba TexasBit, in the
amount of $267,042.59.
Attachments: Item Tabulation
25 19-4385 Authorize the City Manager to finalize and execute Supplemental
Agreement No. 1 to the Interlocal Agreement with STAR Transit to provide
public transportation services in the estimated amount of $500,510.00 for
Fiscal Year 2020.
Attachments: Supplemental Agreement No. 1
PUBLIC HEARINGS
City of Mesquite, Texas Page 5 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
(City Council may approve a different zoning district than the one requested, except that the different
district may not (1) have a maximum structure height or density that is higher than the one requested; or
(2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.)
26 19-4384 Conduct a public hearing and consider an ordinance designating a
contiguous geographic area consisting of approximately 652 acres of
undeveloped property generally located between FM 2757 and IH-20 and
North of IH-20 East of FM 740 in Kaufman County, Texas, and being
commonly referred to as Spradley Farms, located within the corporate
limits of the City of Mesquite, as a Reinvestment Zone pursuant to Chapter
311 of the Texas Tax Code, to be known as Reinvestment Zone Number
Thirteen, City of Mesquite, Texas (Spradley Farms), describing the
boundaries of the Zone, creating a Board of Directors for the Zone,
establishing a tax increment fund for the Zone, containing findings related
to the creation of the Zone, providing a date for the termination of the
Zone and providing that the Zone take effect immediately upon passage of
the ordinance.
(This item was postponed at the September 3, 2019, City Council meeting.)
Attachments: Ordinance - Creation of TIRZ 13
27 19-4374 Conduct a public hearing and consider an ordinance for Application No.
Z0619-0099, submitted by Marvin Cooksey, for a change of zoning from
Commercial to Commercial with a Conditional Use Permit to allow a
primary outdoor storage yard and a substitution to allow an r-panel fence
instead of the required solid wood fence or masonry screening wall,
located at 2533 Westwood Avenue.
(Eight responses in favor and none in opposition to the application have
been received from property owners within the statutory notification
area. The Planning and Zoning Commission recommends approval of the
application with certain stipulations.)
Attachments: Staff report & maps
P & Z Minutes 8-12-2019
Ordinance - Z0619-0099
28 19-4373 Conduct a public hearing and consider an ordinance for Application No.
Z0719-0101, submitted by Christopher Salazar, for a change of zoning
from Commercial to Commercial with a Conditional Use Permit to allow
the sale of used appliances, located at 1830 Range Drive, Suite 115.
(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 of the application
with certain stipulations.)
City of Mesquite, Texas Page 6 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
Attachments: Staff report & maps
P & Z Minutes 8-12-2019
PZ Minutes 8-26-2019
Ordinance - Z0719-0101
29 19-4401 Conduct a public hearing and consider a resolution approving the terms
and conditions of a program (Chapter 380 Agreement) to promote local
economic development and stimulate business and commercial activity in
the City and authorizing the City Manager to finalize and execute an
Economic Development Program Agreement with HMH Lifestyles, L.P., for
the development of a townhome project on property located at 2920 Gus
Thomasson Road.
Attachments: Resolution - Cloverleaf
At this time, any individual wishing to discuss any matter on the agenda, with the exception of public
hearings, shall be allowed to speak for a length of time not to exceed three minutes on a first-come,
first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone
desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the
public hearing on that item.
CONSIDERATION OF ORDINANCES
Consider passage of the following ordinances related to the Fiscal Year 2019-20 Budget:
30 19-4390 An ordinance adopting 2019-20 Pay Plans for General Government
employees effective October 1, 2019, providing flat, fixed pay adjustments
for certain employees in hard-to-fill positions and providing market
adjustments, merit increases and training pay for certain public safety
dispatchers, adopting revised pay plans with market adjustments for
commissioned Police and Fire personnel effective January 1, 2020,
providing step increases for eligible commissioned Police and Fire
personnel effective on their respective anniversary date and providing
increased prior and current service annuities under the Texas Municipal
Retirement System for qualifying retirees and beneficiaries, which
includes a cost of living adjustment (COLA) at the 50 percent level.
Attachments: Ordinance - Pay Plan
31 19-4393 An ordinance establishing a bilingual assignment pay program for the
Mesquite Fire Department and authorizing assignment pay for
commissioned Fire Fighters and General Government employees of the
Mesquite Fire Department who have satisfied certain criteria and who
have been assigned to perform the specialized function of translating
certain languages as part of their duties for the Mesquite Fire Department.
Attachments: Ordinance - FD Bilingual Pay
32 19-4395 An ordinance amending Section 2 of Ordinance No. 4361 increasing the
City of Mesquite, Texas Page 7 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
assignment pay for members of the Mesquite Fire Department who satisfy
certain conditions and criteria and who are assigned to perform the
specialized function of a paramedic actually assigned to designated
front-line ambulances during working hours (“front-line/ride-out
ambulance services”).
Attachments: Ordinance - Paramedic Rideout
33 19-4381 An ordinance providing funds for Fiscal Year 2019-20 by adopting and
approving the budget for said period and appropriating and setting aside
the necessary funds out of the general and other revenues of the City for
said fiscal year for the maintenance and operation of various departments
and activities of the City, for capital and other improvements of the City
and for all other expenditures included in said budget.
Attachments: Ordinance - Budget
Summary of Fiscal Year 2019-20 Budget Highlights
34 19-4382 An ordinance ratifying the property tax revenue increase reflected in the
Fiscal Year 2019-20 budget.
Attachments: Ordinance - Ratify Property Tax
35 19-4335 An ordinance levying the ad valorem taxes for tax year 2019 (Fiscal Year
2019-20).
Attachments: Ordinance - Ad Valorem Taxes
36 19-4375 An ordinance determining the population of the City of Mesquite to be
145,030 as of October 1, 2019.
Attachments: Ordinance - Population
37 19-4377 An ordinance amending Appendix D of the City Code entitled
“Comprehensive Fee Schedule,” for fees collected by the City of Mesquite.
Attachments: Ordinance - Appendix D
Redlined Version - Appendix D - Comprehensive Fee Schedule
Summary Schedule of Proposed Fee Changes
OTHER BUSINESS
38 19-4388 Consider cancelling the regular City Council meeting scheduled for
Monday, September 23, 2019.
APPOINTMENTS TO BOARDS AND COMMISSIONS
39 19-4370 Consider appointment of one regular member to the Board of Adjustment
for a term to expire January 1, 2021, one alternate member for a term to
expire January 1, 2020, and two reserve alternate members for terms to
expire January 1, 2020, and January 1, 2021.
City of Mesquite, Texas Page 8 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
Attachments: Personal Data Form - Jack Akin
40 19-4372 Consider appointment of four regular members to the Planning and
Zoning Commission/Capital Improvements Advisory Committee for terms
to expire September 30, 2021.
41 19-4396 Consider appointment of Patricia DeLaGarza to the Personnel/Trial Board
for a term to expire November 7, 2022, and confirmation of appointment
by the City Manager of Patricia DeLaGarza to serve as a member of the
City of Mesquite Fire Firefighters’ and Police Officers’ Civil Service
Commission for a term to expire November 7, 2022.
Attachments: Personal Data Form - Patricia DeLaGarza
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to
consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects
may be discussed:
1. James H. Watson and Others Similarly Situated v. City of Allen, City of Amarillo, City of Arlington, City of
Austin, City of Balch Springs, City of Balcones Heights, City of Bastrop, City of Baytown, City of Bedford,
City of Burleson, City of Cedar Hill, City of Cleveland, City of Conroe, City of Coppell, City of Corpus Christi,
City of Dallas, City of Denton, City of Diboll, City of Duncanville, City of El Paso, City of Elgin, City of
Farmers Branch, City of Fort Worth, City of Frisco, City of Garland, City of Grand Prairie, City of Haltom
City, City of Humble, City of Hurst, City of Hutto, City of Irving, City of Jersey Village, City of Killeen, City of
League City, City of Little Elm, City of Longview, City of Lufkin, City of Magnolia, City of Marshall, City of
Mesquite, City of North Richland Hills, City of Plano, City of Port Lavaca, City of Richardson, City of
Richland Hills, City of Roanoke, City of Round Rock, City of Southlake, City of Sugar Land, City of Tomball,
City of University Park, City of Watauga, City of Willis, Redflex Traffic Systems, Inc., American Traffic
Solutions, Inc., American Traffic Solutions, LLC, Xerox State & Local Solutions, Inc., f/k/a ACS State & Local
Solutions, Inc., and the State of Texas – Filed 4-28-15
2. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City of
Mesquite, Texas; Jack Fyall; Richard Houston; Alan Gafford; Zachary Scott; William Heidelburg; Paul
Polish; Joe Baker; Bill Hedgpeth – Filed 8-12-15; on appeal to the U.S. Court of Appeals for the Fifth Circuit,
Case No. 19-10280
City of Mesquite, Texas Page 9 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
3. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing 2017 wholesale rates
implemented by the North Texas Municipal Water District, PUC Docket No. 46662 – Filed 12-14-16
4. Derick Wiley v. City of Mesquite – AAA Case No. 01-17-0007-6614 – Filed 12-5-17
5. 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
6. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18
7. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem –
Filed 3-1-18
8. Haley Gregory v. City of Mesquite, EEOC #450-2018-06081 – Filed 7-25-18
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; on
appeal to the Court of Appeals for the Fifth District at Dallas, Case No. 05-19-00667-CV
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
17. City of Mesquite, Texas v. Extra Property Holdings, LLC, and Compass Bank – Filed 4-30-19
18. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19
19. 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
20. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of
Mesquite – Filed 5-31-19
Consultation with Attorney
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to
conduct a private consultation with its attorney related to pending or contemplated litigation, a settlement
offer, and/or a matter 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 that conflicts with Texas
Government Code Chapter 551. The following subject may be discussed:
• House Bill 2439 and regulation of building materials and aesthetic methods in construction, renovation,
maintenance or other alteration of residential or commercial buildings.
Real Property and Economic Development
Pursuant to Sections 551.072 and 551.087 of the Texas Government Code, the City Council will meet in
closed session to deliberate the lease of real property and the offer of a financial or other incentive to a
business prospect. The following subjects may be discussed:
42 19-4379 Discuss selection of a respondent to a Request for Qualification (RFQ) for
the potential lease and redevelopment of 117 West Main Street, within
City of Mesquite, Texas Page 10 Monday, September 16, 2019
City Council Meeting Agenda September 16, 2019
Downtown Mesquite.
Personnel Matters
Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the
appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager,
City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions,
and City officers or other employees. A complete list of the members of the City boards and commissions is
on file in the City Secretary’s office.
• Annual review of City Secretary.
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.
Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to
address the City Council through the use of a translator is granted at least twice the amount of time as a
member of the public who does not require the assistance of a translator.
City of Mesquite, Texas Page 11 Monday, September 16, 2019
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