City Council

City of Mesquite, Texas Minutes - Final City Council Monday, February 17, 2020 5:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Bruce Archer and Councilmembers Tandy Boroughs, Robert Miklos, Dan Aleman, Kenny Green, B. W. Smith and Sherry Wisdom, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing from Texas Department of Transportation staff regarding the IH 635/LBJ East Project. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:49 P.M. Mayor Archer 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 (Spradley Farms, L.C., as managing partner for Spradley Farms LTD; and Charles Spradley, in his official capacity v. The City of Mesquite, Texas, and Bruce Archer in his official capacity as Mayor of the City of Mesquite, and Sherry Wisdom, Kenny Green, Robert Miklos, Tandy Boroughs, B. W. Smith and Daniel Aleman, Jr. of the Mesquite City Councilmen in their official capacity, Cause No. 104439-CC2 – Filed 2-6-20, Pending in County Court No. 2 of Kaufman County, Texas); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:25 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:28 P.M. Mayor Archer announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Item No. 24 – Discuss economic development incentives in support for Mariposa Apartment Homes at Mesquite, a Senior Living Community, located northeast of U .S. Highway 80 and North Galloway Avenue); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:30 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final February 17, 2020 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:31 P.M. 2 Receive preliminary financial statements for fiscal year ending September 30, 2019 and financial statements for period covering October 1, 2019, through December 31, 2019. Debbie Mol, Director of Finance, presented the preliminary financial statements for fiscal year ending September 30, 2019, and financial statements for period covering October 1, 2019, through December 31, 2019. The work session ended at 6:55 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M. INVOCATION City Councilmember B. W. Smith. PLEDGE OF ALLEGIANCE Mesquite Police Officer B. Snyder. PRESENTATIONS 3 Recognize Real. Texas. Service. Champions. City Manager Cliff Keheley stated that the Real. Texas. Service. Champions program was created as an opportunity for employees to be recognized for their service to the organization and Mesquite community. A brief video was shown describing each employee’s contributions to the City of Mesquite. Mayor Archer, City Councilmembers and City Manager Cliff Keheley presented Certificates of Appreciation to the following employees in honor of their service to the City of Mesquite: Michael Wallander, Planning and Development Services Department; John Alexander, Police Department; and Rachael Burks, Parks and Recreation Department. Kerry Graham, Human Resources Department, was recognized but was unable to attend tonight's meeting. SPECIAL ANNOUNCEMENTS 1. Ms. Wisdom stated that the Mesquite Arts Theatre will present the production “Guess Who’s Coming to Dinner?” at the Mesquite Arts Center, 1527 North Galloway Avenue, each Friday, Saturday and Sunday through March 1, 2020, and invited citizens to attend. 2. Ms. Wisdom invited citizens to spend an “Evening with the Mayor” and herself, District 1 Councilmember, in the Mayor’s office, 1515 North Galloway Avenue, on Monday, February 24, 2020. 3. Ms. Wisdom announced that the grand opening of Sprouts Farmers Market, 1220 North Town East Boulevard, will be held on Wednesday, March 4, 2020, and encouraged citizens to visit this new store. 4. Mr. Green reminded citizens to utilize the new customer service platform, “myMesquite,” to report street repairs, code violations, public safety concerns and other issues. The platform is accessible through a mobile app and on desktop computers. City of Mesquite, Texas Page 2 City Council Minutes - Final February 17, 2020 5. Mr. Miklos encouraged every Mesquite resident to participate in the 2020 Census. Being counted will directly help Mesquite with federal funding of programs for schools, healthcare, housing and much more. The Census Bureau will begin mailing reminder notices in mid-March 2020. 6. Mr. Boroughs stated that the Mesquite Main Library, 300 West Grubb Drive, will host free tax assistance for Mesquite residents on a first-come, first-served basis. The next session will be held on Monday, February 24, 2020. 7. Mr. Boroughs encouraged citizens to participate in a trash pickup on Sunday, February 23, 2020, along the I-635 Service Road between New Market Road and Scyene Road. Volunteers will meet in the parking lot at the corner of New Market Road and the Service Road at 1:00 p.m. 8. Mr. Boroughs stated that he was recently contacted by citizens who were concerned that Councilmembers may be texting during City Council meetings regarding how to vote on agenda items . To be completely transparent, he will turn off his cellphone and place it on the dais ledge during all future Council meetings and challenged all Councilmembers to do the same. 9. Mayor Archer stated that the Special Announcements section of the agenda is intended to be used as a platform to inform citizens of various City events and community issues. 10. Mr. Smith invited citizens to attend a Rutherford Neighborhood Meeting on Thursday, February 20, 2020, at 7:00 p.m., at Rutherford Recreation Center, 900 Rutherford Drive. 11. Mr. Smith stated that citizens may notice a slight change in the taste or odor of the City ’s water due to the North Texas Municipal Water District temporarily changing the water treatment process from March 2, 2020, through March 30, 2020. 12. Mr. Aleman stated that the Workforce Solutions of Greater Dallas has many job training opportunities available to Mesquite residents. The Mesquite Workforce Center, 2110 North Galloway Avenue, Suite 116, offers seminars and free online workshops to learn new in-demand skills. 13. Mr. Aleman stated that a Public Input Meeting will be held on Thursday, February 27, 2020, at 6:00 p.m., at Dr. John Horn High School, Cafeteria, 3300 East Cartwright Road, to receive citizen comments regarding Huffines Communities’ Development of Solterra aka Lucas Farms. 14. Mr. Aleman commended the Mesquite Police Department for partnering with the U. S. Marshals North Texas Fugitive Task Force and arresting a fraud suspect last week. 15. Mayor Archer reminded citizens to attend the 3rd Annual Neighborhood Summit on Saturday, February 22, 2020, at the Mesquite Independent School District’s K. David Belt Professional Development Center, 3819 Towne Crossing Boulevard, from 8:00 a.m. to 1:00 p.m. This event is free and open to the public. CONSENT AGENDA Approval of the Consent Agenda Mr. Miklos requested Item Nos. 5 and 7 be removed from the Consent Agenda to be considered separately. Mr. Green moved to approve Item Nos. 4, 6 and 8-19 on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 4 Minutes of the special City Council meeting held January 28, 2020, and the regular City Council meeting held February 3, 2020. Approved on the Consent Agenda. 6 A resolution approving and ratifying a Memorandum of Understanding between the City of Mesquite, Texas (“City”), and the Mesquite Police Association (“Association”) under Subchapter B of Chapter 142 of the Texas Local Government Code effective as of February 28, 2020, and remaining in effect City of Mesquite, Texas Page 3 City Council Minutes - Final February 17, 2020 through September 30, 2022, unless extended as set forth therein (the “CITY/MPA 2020 Meet and Confer Agreement”); authorizing the City Manager to execute the CITY/MPA 2020 Meet and Confer Agreement and authorizing the City Manager, or the City Manager’s designee, to take all actions necessary or requested to carry out the terms and provisions of the CITY /MPA 2020 Meet and Confer Agreement including, without limitation, the execution of extensions of the CITY/MPA 2020 Meet and Confer Agreement under the terms and provisions set forth therein. Approved on the Consent Agenda. Resolution No. 07-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING AND RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MESQUITE, TEXAS (“CITY”), AND THE MESQUITE POLICE ASSOCIATION (“ASSOCIATION”) UNDER SUBCHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE EFFECTIVE AS OF FEBRUARY 28, 2020, AND REMAINING IN EFFECT THROUGH SEPTEMBER 30, 2022, UNLESS EXTENDED AS SET FORTH THEREIN (THE “CITY/MPA 2020 MEET AND CONFER AGREEMENT”); AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY/MPA 2020 MEET AND CONFER AGREEMENT AND AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER’S DESIGNEE, TO TAKE ALL ACTIONS NECESSARY OR REQUESTED TO CARRY OUT THE TERMS AND PROVISIONS OF THE CITY/MPA 2020 MEET AND CONFER AGREEMENT INCLUDING, WITHOUT LIMITATION, THE EXECUTION OF EXTENSIONS OF THE CITY/MPA 2020 MEET AND CONFER AGREEMENT UNDER THE TERMS AND PROVISIONS SET FORTH THEREIN. (Resolution No. 07-2020 recorded in Resolution Book No. 59.) 8 A resolution authorizing the City Manager to execute an agreement with the State of Texas through the Texas Department of Transportation for traffic signals (state contracted with a municipality providing materials and /or labor and/or equipment) and reimbursement for the operation and maintenance within a municipality for the IH 635/LBJ East Project. Approved on the Consent Agenda. Resolution No. 08-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNALS (STATE CONTRACTED WITH A MUNICIPALITY PROVIDING MATERIALS AND/OR LABOR AND/OR EQUIPMENT), AND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE WITHIN A MUNICIPALITY FOR THE I-635 LBJ EAST PROJECT. (Resolution No. 08-2020 recorded in Resolution Book No. 59.) 9 Authorize the City Manager to finalize and execute an agreement with the Texas Department of Transportation for reimbursement and construction of utility adjustments in conjunction with the IH 635/LBJ East Project. Approved on the Consent Agenda. 10 Bid No. 2020-008 - Annual Lease Vehicle Program - Police Department. (Staff recommends award to Acme Auto Leasing, Inc., through an Interlocal Cooperative Purchasing Agreement with the City of Plano, in an annual amount not to exceed $46,296.00. The remaining term of this contract is for two City of Mesquite, Texas Page 4 City Council Minutes - Final February 17, 2020 months, with one additional one-year renewal option, for a total contract amount not to exceed $54,140.60. The City Manager is authorized to exercise the renewal option, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 11 Bid No. 2020-044 - Annual Supply of Magnetic and Electronic Water Meters. (Staff recommends award to sole source provider Core & Main, LP, for an amount not to exceed $261,458.00.) Approved on the Consent Agenda. 12 Bid No. 2020-047 - Annual Purchase of Cleaning Supplies for Warehouse Stock. (Staff recommends award of Renewal Option No. 1 to Eagle Brush and Chemical, Inc., through BuyBoard Contract No. 569-18, in an amount not to exceed $100,262.76, and authorize the City Manager to exercise Renewal Option No. 2 in year three of the contract, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 13 Bid No. 2020-058 - Purchase of Mesquite Fire Department Trauma Training Simulator. (Staff recommends award to sole source provider Gaumard Scientific in the amount of $54,055.00.) Approved on the Consent Agenda. 14 Bid No. 2020-060 - Annual Fiber Optic Cabling Repair and Maintenance. (Authorize the City Manager to finalize and execute a contract with Future Telecom, Inc., through an Interlocal Cooperative Purchasing Agreement with Mesquite Independent School District, in an amount not to exceed $ 120,000.00. The term of this contract is for one year, with four additional one -year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 15 Bid No. 2020-061 - Annual Microsoft Enterprise Agreement and Office 365 Maintenance. (Staff recommends award to Software House International, through the Texas Department of Information Resources Contract No. DIR-TSO-4092, in the total amount of $224,539.87.) Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2019-085, KidsQuest Playground Removal and Replacement : Construction, with Phillips/May Corporation in the amount of $50,783.21. Approved on the Consent Agenda. 17 Appoint Bruce Archer, Dan Aleman, Tandy Boroughs, Kenny Green, Robert City of Mesquite, Texas Page 5 City Council Minutes - Final February 17, 2020 Miklos, B.W. Smith and Sherry Wisdom to the Mesquite Health Facilities Development Corporation for terms to expire December 31, 2021. Approved on the Consent Agenda. 18 Appoint Bruce Archer, Dan Aleman, Tandy Boroughs, Kenny Green, Robert Miklos, B.W. Smith and Sherry Wisdom to the Mesquite Housing Finance Corporation for terms to expire December 31, 2021. Approved on the Consent Agenda. 19 Appoint Bruce Archer, Dan Aleman, Tandy Boroughs, Kenny Green, Robert Miklos, B.W. Smith and Sherry Wisdom to the Mesquite Industrial Development Corporation for terms to expire December 31, 2021. Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 5 A resolution expressing support for the application of Mariposa Mesquite LP, for nine-percent low income housing tax credits with the Texas Department of Housing and Community Affairs for the construction of the Mariposa Apartment Homes at Mesquite development, a Senior Living Community, to be located northeast of U.S. Highway 80 and North Galloway Avenue and providing a local funding commitment for the development. Emily Protine, Community Outreach Liaison for Bonner Carrington, stated that Bonner Carrington retains all aspects of the development, design, construction and property management of its organization. Bonner Carrington is based in Austin, Texas, and is located in 22 communities throughout Texas. The proposed project, Mariposa at Mesquite, is a 180-unit mixed income rental housing for independent active adults age 55 and older. Approximately 52 percent of the apartments will consist of affordable living and 48 percent will be market rate. One- and two-bedroom floor plans will be available with elevators located in each building. The community’s amenities include a business center with Apple computers, library and fireplace, billiards room/game room, 24-hour fitness center, community kitchen, movie theater and salon. Outdoor amenities include a courtyard with bocce ball, horseshoes, swimming pool, pavilion with outdoor fireplace and seating and planter beds for gardening. Bonner Carrington partners with a faith-based, non-profit organization called ApartmentLife to hire an age 55 or older couple, known as "The Cares Team." The couple will be provided a complimentary apartment in exchange for creating community within the Mariposa community by coordinating events and programs for the residents and regularly engaging with residents and staff. Ms. Protine stated that the development team held a neighborhood meeting at Austin Elementary School on February 6 to address the neighborhood’s concerns. Residents living at Mariposa are allowed to have guests visit the community, who are allowed a three-day visit within a 30-day period. Mr. Miklos moved to remove “pursuant to Texas Government Code §2306.6703(a) (4)” from Section 2 of the resolution, and to approve Resolution No. 09-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, EXPRESSING SUPPORT FOR THE APPLICATION OF MARIPOSA MESQUITE LP, FOR NINE-PERCENT LOW INCOME HOUSING TAX CREDITS WITH THE TEXAS City of Mesquite, Texas Page 6 City Council Minutes - Final February 17, 2020 DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE CONSTRUCTION OF THE MARIPOSA APARTMENT HOMES AT MESQUITE DEVELOPMENT, A SENIOR LIVING COMMUNITY, TO BE LOCATED NORTHEAST OF HIGHWAY 80 AND NORTH GALLOWAY AVENUE, MESQUITE, DALLAS COUNTY, TEXAS; AND PROVIDING A LOCAL FUNDING COMMITMENT FOR THE DEVELOPMENT. Motion was seconded by Ms. Wisdom and approved unanimously. (Resolution No. 09-2020 recorded in Resolution Book No. 59.) 7 A resolution authorizing the name of a new road in honor of George Boyce. Mayor Archer stated that George Boyce has been actively involved in the community for the past 50 years as a City Councilmember, community volunteer, businessman, Mayor, Municipal Court Judge and Mesquite Public Works employee. As a part of the Ridge Ranch development, the Mesquite Independent School District is constructing a road to serve as a secondary access to Woolley Middle School, which will also serve as an entrance into Ridge Ranch and will potentially connect to the Lucas Farms/Solterra development. This road will be named "George Boyce Drive" in honor of Mr. Boyce’s lifetime of service to the community. Mayor Archer and the City Council presented a “George Boyce Drive” street sign to Mr. Boyce. Mr. Green moved to approve Resolution No. 10-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE NAME OF A NEW ROAD IN HONOR OF GEORGE BOYCE. Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 10-2020 recorded in Resolution Book No. 59.) END OF CONSENT AGENDA PUBLIC HEARINGS 20 Conduct a public hearing for Application No. Z1219-0124, submitted by John Cooksey of Cooksey Demolition Services, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a primary outdoor storage yard, located at 2511 Edinburgh Street. (Three responses in favor and none in opposition to the application have been received from property owners within the statutory notification area.) A public hearing was held for Application No. Z1219-0124. Jeff Armstrong, Director of Planning and Development Services, stated that staff is requesting postponement to the March 2, 2020, due to the Planning and Zoning Commission’s postponement to allow staff sufficient time to prepare the necessary documents. No one appeared regarding the proposed zoning change. Mr. Green moved to postpone consideration of Application No. Z1219-0124, with the public hearing remaining open, until the March 2, 2020, City Council meeting. Motion was seconded by Mr. Aleman and approved unanimously. City of Mesquite, Texas Page 7 City Council Minutes - Final February 17, 2020 21 Conduct a public hearing and consider an ordinance for Application No . Z1219-0125, submitted by Armando Garcia of Cortland Morgan Architects, for a change of zoning from Commercial and Town East Retail and Restaurant Area Overlay to Commercial and Town East Retail and Restaurant Area Overlay with a Conditional Use Permit to allow an arcade with coin-operated amusement devices, located at 2063 Town East Mall, Suite 2034. (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. Z1219-0125. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes a 53-game arcade at Town East Mall with an indoor children’s playground and event space for birthday parties. Mr. Armstrong reviewed the proposed stipulations. Applicant Armando Garcia stated this will be the first location for his business and that vending machines will be available for the purchase of packaged food. No one appeared regarding the zoning change. Mr. Green moved to approve Application No. Z1219-0125, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. The number of coin-operated amusement devices shall be limited to 55. 2. The CUP shall apply to Kiddleton, Inc., and cannot be reassigned or transferred. And to approve Ordinance No. 4762, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL WITHIN THE TOWN EAST RETAIL AND RESTAURANT AREA (“TERRA”) OVERLAY DISTRICT TO COMMERCIAL WITHIN THE TERRA OVERLAY DISTRICT WITH A CONDITIONAL USE PERMIT (“CUP”) ON PROPERTY LOCATED AT 2063 TOWN EAST MALL, SUITE 2034 TO ALLOW AN ARCADE WITH COIN-OPERATED AMUSEMENT DEVICES 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 Ms. Wisdom and approved unanimously. (Ordinance No. 4762 recorded in Ordinance Book No. 119.) 22 Conduct a public hearing and consider an ordinance for Application No . Z0120-0126, submitted by the City of Mesquite, for a change of zoning from Agricultural to Planned Development - Single-Family Residential to allow a residential subdivision, located southeast of IH-20 and FM 740 near the East Fork of the Trinity River and at the western corner of FM 2757 and Kelly Road. (No responses in favor and two 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 8 City Council Minutes - Final February 17, 2020 Mr. Miklos left the meeting. A public hearing was held for Application No. Z0120-0126. Jeff Armstrong, Director of Planning and Development Services, stated that the City annexed the 806-acre tract in Kaufman County in late 2019. As part of the development agreement, the proposed rezoning is for a 1,007-lot residential subdivision, to be known as Polo Ridge Ranch, that will be constructed in six phases. Mr. Armstrong reviewed the concept plan and the proposed stipulations. The 60-foot lots will sell for over $300,000 with a wide variety of housing styles and prices for larger lots. No one appeared regarding the zoning change. Mr. Keheley stated that the developer has sold the Public Improvement District bonds and progressed through the development agreement as stipulated. Mr. Boroughs moved to postpone consideration of Application No. Z0120-0126, with the public hearing remaining open, until the March 2, 2020, City Council meeting to allow the new Councilmembers time to review the past history of this project. Motion was seconded by Mr. Green. On call for a vote on the motion, the following votes were cast: Ayes: Boroughs, Green, Archer, Aleman, Smith, Wisdom Nayes: None Abstentions: Miklos Motion carried. 23 Conduct a public hearing and consider an ordinance amending the Mesquite Subdivision Ordinance, thereby amending regulations related to the installation of utilities. (The Planning and Zoning Commission recommends approval of the subdivision text amendment.) Mr. Miklos entered the meeting. A public hearing was held for amending the Mesquite Subdivision Ordinance, thereby amending regulations related to the installation of utilities. Jeff Armstrong, Director of Planning and Development Services, stated that the proposed amendment would reinsert the requirement of utilities to be located underground in residential developments and to add a new requirement that underground utilities are installed in non-residential development. No one appeared regarding the proposed amendment. Mr. Aleman moved to approve amending the Mesquite Subdivision Ordinance, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4763, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING APPENDIX B OF THE MESQUITE CITY CODE, THE MESQUITE SUBDIVISION ORDINANCE, AS AMENDED, BY ADDING A NEW SECTION E TO ARTICLE VII THEREBY AMENDING REGULATIONS RELATED TO THE INSTALLATION OF UTILITIES; PROVIDING A REPEALER CLAUSE; PROVIDING A City of Mesquite, Texas Page 9 City Council Minutes - Final February 17, 2020 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. Boroughs and approved unanimously. (Ordinance No. 4763 recorded in Ordinance Book No. 119.) EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:09 P.M. Mayor Archer 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 (Review of Item Nos. 1-17 on Pending and Contemplated Litigation list); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:33 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Smith and approved unanimously. The meeting adjourned at 8:33 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 10