City Council
Regular MeetingMesquite, TX · May 4, 2020
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, May 4, 2020 5:00 PM City Hall | Training Rooms A&B
757 N. Galloway | Mesquite, Texas
Present: Mayor Bruce Archer and Councilmembers Tandy Boroughs, Robert Miklos, Dan Aleman,
Kenny Green and B. W. Smith, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmember Sherry Wisdom.
In accordance with the Governor’s suspension of various provisions of the Texas Open Meetings Act
issued pursuant to his State Disaster Authority, and guidance issued on the suspension by the
Attorney General’s Office, a quorum of the City Council attended the meeting in person in Training
Rooms A & B, located at 757 North Galloway Avenue, Mesquite, Texas, and practiced social
distancing. The meeting location was not open to the public.
This meeting was streamed live at www.cityofmesquite.com/watchcouncilmeetings and on Facebook at
www.facebook.com/cityofmesquitetx, as well as on Spectrum Digital Channel 16 and AT&T U-verse
Channel 99.
Applicants having matters on the agenda were allowed to appear in person or via telephone
conferencing. Members of the public were allowed to participate via telephone conferencing.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
EXECUTIVE SESSION - TRAINING ROOMS A&B - 5:04 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 ([1] 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; and The Court of Appeals, Fifth District of Texas at Dallas, Case No. 05-20-00204-CV – Filed
2-18-20; [2] 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; and [3] Petition of the Cities of Garland, Mesquite, Plano and Richardson appealing
2018 Wholesale Water Rates implemented by North Texas Municipal Water District, PUC Docket No .
47863 [Appealing Wholesale Water Rates for 2018] Filed 12-15-17); whereupon, the City Council
proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:20 p.m.,
the City Council reconvened in Open Session.
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City Council Minutes - Final May 4, 2020
EXECUTIVE ACTION RESULTING FROM EXECUTIVE SESSION AT 5:04 P.M.
It was Council consensus to authorize B. W. Smith to serve as an alternate for Sherry Wisdom at the
mediation to be held in an effort to resolve the Spradley Farms v. Mesquite dispute, Item No. 15 on the
agenda pending litigation list.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Discuss COVID-19 Declaration of Local Disaster and Response.
It was Council consensus to continue current efforts in place for parks and
reservation facilities until Governor Greg Abbott announces Phase 2 plans;
continue closure of both library branches until July 1, 2020, with online/curbside
services based out of the Main Library; decide about the operation of pools,
summer camps and athletic leagues by June 1, 2020; and continue suspension of
the recycling program until July 1, 2020.
REGULAR CITY COUNCIL MEETING - TRAINING ROOMS A&B - 7:14 P.M.
INVOCATION
Beto Meza, Pastor, New Life Church DFW, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of Mesquite Citizens Police Academy Alumni Association.
CITY COUNCIL/STAFF WORK SESSION
2 Receive quarterly report from the Police Department.
Charles Cato, Police Chief, presented the quarterly report for the Mesquite Police
Department (MPD) for January – March 2020. He reviewed the 2020 Year-to-Date
Uniform Crime Report crime statistics for murder, rape, robbery, aggravated
assault, burglary, thefts and vehicle thefts. Due to the current school year being
cancelled, the School Resource Officers (SROs) have been reallocated. Each
Wednesday, 23 SROs are utilized for traffic control at 18 school campuses for the
meal program which provides 10,000 meals per campus. The SROs COVID-19
reallocation includes one SRO assigned to Background Investigations, four SROs
assigned to Dispatch and 17 SROs assigned to Patrol. In Dispatch, this
reallocation has resulted in an overtime savings of $9,500.00 in the first month. As
of April 25, 2020, the MPD began working a 12-hour alternative shift schedule,
which allows greater flexibility to cover patrol, dispatch and detention
operations. After one month, the 12-hour alternative shift schedule will be
re-evaluated. Chief Cato stated that the MPD has all of the Personal Protective
Equipment required to effectively perform their jobs.
Councilmembers expressed appreciation to Chief Cato and the MPD for their
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City Council Minutes - Final May 4, 2020
dedication to our community.
SPECIAL ANNOUNCEMENTS
1. Mr. Miklos encouraged citizens to visit www.RoadmapToResources.com for information on job
openings, interview and resume tips, grants available for small businesses and much more. The
website also contains links and videos with additional information.
2. Mr. Boroughs stated that, in accordance with guidelines issued in the Governor ’s Report to Open
Texas, the City opened the Westlake Sports Center last week for tennis, archery and pickleball. To
protect the health and safety of the public and City employees, a variety of rules have been
implemented.
3. Mr. Green reminded citizens that schools have closed for the remainder of this school year due to
the COVID-19 pandemic and children will be playing outside. Remember to “Drive Like Your Family
Lives Here.”
4. Mr. Aleman announced that the Mesquite Police Department is offering free gun locks to the
Mesquite community through the “Project Child Safe” national program. He reminded residents to store
firearms safely and properly in order to avoid accidents in the home.
5. Mr. Aleman stated that the National Day of Prayer is an annual event held on the first Thursday in
May. However, due to the COVID-19 pandemic, the event will be held in a different manner this year. He
invited citizens to join in prayer on May 7, 2020, at 7:30 a.m. and at Noon, on the Mesquite Ministerial
Alliance Facebook page.
6. Mayor Archer and Councilmembers expressed appreciation to the Mesquite Police Department,
Mesquite Fire Department and City staff for their efforts in keeping our community safe during this
pandemic.
7. Mr. Smith announced that the annual Mesquite Recycles Day event scheduled for May 9, 2020, has
been cancelled due to the COVID-19 pandemic. However, Mesquite residents can drop off recyclable
items, at no charge, at the Citizens Convenience and Recycling Center, 3550 Lawson Road, on
Monday, Tuesday, Thursday, Friday and Saturday, from 9:00 a.m. to 4:00 p.m.
8. Mayor Archer thanked residents, who work at essential businesses and in the medical profession,
for their dedication during this COVID-19 pandemic. He reminded citizens to practice social distancing,
wear masks when in public and wash your hands often.
9. Mayor Archer asked for a moment of silence in honor of Mesquite residents who have lost their lives
due to the COVID-19 pandemic.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Green requested that Item Nos. 11 and 12 be removed from the Consent
Agenda to be considered separately. Mr. Green moved to approve the remaining
items on the Consent Agenda, as follows. Motion was seconded by Mr. Smith and
approved unanimously.
3 Minutes of the regular City Council meeting held April 20, 2020.
Approved on the Consent Agenda.
4 An ordinance of the City of Mesquite, Texas, authorizing the issuance and sale
of City of Mesquite, Texas, Combination Tax and Limited Surplus Revenue
Certificates of Obligation, Series 2020, in the aggregate principal amount of not
to exceed $11,680,000; levying a tax in payment thereof; prescribing the form of
said certificates; approving execution and delivery of a bond purchase
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City Council Minutes - Final May 4, 2020
agreement; approving the official statement; approving and enacting other
provisions relating thereto.
Approved on the Consent Agenda.
Ordinance No. 4778, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF MESQUITE, TEXAS
COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2020, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO
EXCEED $11,680,000; LEVYING A TAX IN PAYMENT THEREOF; PRESCRIBING THE
FORM OF SAID CERTIFICATES; APPROVING EXECUTION AND DELIVERY OF A
BOND PURCHASE AGREEMENT; APPROVING THE OFFICIAL STATEMENT;
APPROVING AND ENACTING OTHER PROVISIONS RELATING THERETO.
(Ordinance No. 4778 recorded in Ordinance Book No. 120.)
5 An ordinance of the City of Mesquite, Texas, authorizing the issuance and sale
of City of Mesquite, Texas, Waterworks and Sewer System Revenue Bonds,
Series 2020 in the aggregate principal amount of not to exceed $22,250,000;
approving an official statement; making provisions for the security thereof;
authorizing the execution and delivery of a purchase agreement; providing an
effective date; approving and enacting other provisions relating thereto.
Approved on the Consent Agenda.
Ordinance No. 4779, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AUTHORIZING THE ISSUANCE OF CITY OF MESQUITE, TEXAS, WATERWORKS
AND SEWER SYSTEM REVENUE BONDS, SERIES 2020 IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $22,250,000; APPROVING AN OFFICIAL
STATEMENT; MAKING PROVISIONS FOR THE SECURITY THEREOF; AUTHORIZING
THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT; PROVIDING AN
EFFECTIVE DATE; APPROVING AND ENACTING OTHER PROVISIONS RELATING
THERETO. (Ordinance No. 4779 recorded in Ordinance Book No. 120.)
6 An ordinance of the City of Mesquite, Texas, authorizing the issuance and sale
of City of Mesquite, Texas, General Obligation Bonds, Series 2020 in the
aggregate principal amount not to exceed $16,750,000; levying a tax in payment
thereof; prescribing the form of said bonds; approving execution and delivery of
a bond purchase agreement; approving the official statement; and enacting
other provisions relating thereto.
Approved on the Consent Agenda.
Ordinance No. 4780, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF MESQUITE, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 2020 IN THE AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $16,750,000; LEVYING A TAX IN PAYMENT THEREOF;
PRESCRIBING THE FORM OF SAID BONDS; APPROVING EXECUTION AND
DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING THE OFFICIAL
STATEMENT; AND ENACTING OTHER PROVISIONS RELATING THERETO.
(Ordinance No. 4780 recorded in Ordinance Book No. 120.)
7 A resolution finding that Oncor Electric Delivery Company, LLC’s application for
approval to amend its Distribution Cost Recovery Factor to increase distribution
rates within the City should be denied; authorizing participation with Oncor
Cities Steering Committee, authorizing the hiring of legal counsel and consulting
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City Council Minutes - Final May 4, 2020
services, finding that the City’s reasonable rate case expenses shall be
reimbursed by the Company; finding that the meeting at which this resolution is
passed is open to the public as required by law; and requiring notice of this
resolution to the Company and legal counsel.
Approved on the Consent Agenda.
Resolution No. 19-2020, A RESOLUTION OF THE CITY OF MESQUITE, TEXAS,
FINDING THAT ONCOR ELECTRIC DELIVERY COMPANY, LLC’S APPLICATION FOR
APPROVAL TO AMEND ITS DISTRIBUTION COST RECOVERY FACTOR TO
INCREASE DISTRIBUTION RATES WITHIN THE CITY SHOULD BE DENIED;
AUTHORIZING PARTICIPATION WITH ONCOR CITIES STEERING COMMITTEE;
AUTHORIZING THE HIRING OF LEGAL COUNSEL AND CONSULTING SERVICES;
FINDING THAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE
REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS
RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW;
REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL
COUNSEL. (Resolution No. 19-2020 recorded in Resolution Book No. 60.)
8 A resolution authorizing the City Manager to execute and file with the City
Secretary a voluntary petition for annexation into the City of Mesquite, Texas, of
1.425 acres of real property owned by the City and generally located southwest
of FM 2932 and southeast of Griffin Lane in Kaufman County, Texas (the
“Property”), authorizing a service plan for the property, providing a severability
clause, and providing an effective date.
Approved on the Consent Agenda.
Resolution No. 20-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE
WITH THE CITY SECRETARY A VOLUNTARY PETITION FOR ANNEXATION INTO
THE CITY OF MESQUITE, TEXAS, OF 1.425 ACRES OF REAL PROPERTY OWNED
BY THE CITY AND GENERALLY LOCATED SOUTHWEST OF FM 2932 AND
SOUTHEAST OF GRIFFIN LANE IN KAUFMAN COUNTY, TEXAS (THE
“PROPERTY”); AUTHORIZING A SERVICE PLAN FOR THE PROPERTY; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Resolution No.
20-2020 recorded in Resolution Book No. 60.)
9 RFP No. 2019-046 - Development of 3811 South Belt Line Road, 4600 Mercury
Road, and 14804 Lakeside Road, Balch Springs, Texas.
(Award of bid to Bloomfield Homes, L.P., and authorize the City Manager to
negotiate a Memorandum of Understanding with Bloomfield Homes, L.P., and
the City of Balch Springs outlining the terms and conditions for the sale of
173.393 acres of land located in Balch Springs to Bloomfield Homes, L.P.,
171.393 acres owned by the City of Mesquite and 2.0 acres owned by the City
of Balch Springs.)
Approved on the Consent Agenda.
10 Authorize the City Manager to finalize and execute a contract with Garver, LLC,
to perform a Sewer System Fan Testing Study in the amount of $54,835.00.
Approved on the Consent Agenda.
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City Council Minutes - Final May 4, 2020
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
11 Appoint Terry Anderson to the North Texas Municipal Water District Board of
Directors for a term to expire May 31, 2022.
Mayor Archer stated that Mr. Anderson has served over 30 years and
recommends that he continue to serve on this board.
Mr. Aleman moved to reappoint Terry Anderson as a member of the North Texas
Municipal Water District Board of Directors for a term to expire May 31, 2022.
Motion was seconded by Mr. Boroughs and approved unanimously.
12 Appoint two representatives to attend the City/School Joint Tax Office Advisory
Board meeting on Wednesday, June 3, 2020, at 1:30 p.m.
Mr. Aleman moved to appoint Kenny Green and B. W. Smith as regular members
and Tandy Boroughs as an alternate member to serve as the City’s
representatives on the City/School Joint Tax Office Advisory Board at the
meeting scheduled to be held Wednesday, June 3, 2020, at 1:30 p.m. Motion was
seconded by Mr. Green and approved unanimously.
END OF CONSENT AGENDA
PUBLIC HEARINGS
13 Conduct a public hearing and consider possible action regarding a request from
Christopher Brown on behalf of Kodiak Brands, Inc., to waive the requirement
for an eight-foot-tall, long-span precast masonry screening wall along the
eastern property line of property located at 1510 East Kearney Street.
(No responses in favor and two in opposition to the application have been
received from property owners within the statutory notification area. This item
was postponed at the April 20, 2020, City Council meeting.)
A public hearing was held to consider a request to waive the requirement for an
eight-foot-tall, long-span precast masonry screen wall along the eastern property
line of property located at 1510 East Kearney Street.
Jeff Armstrong, Director of Planning and Development Services, stated that staff
is requesting postponement of this item to allow additional time for the applicant
and adjacent property owner to consider all options.
No one appeared regarding the screening wall waiver request.
Mr. Miklos moved to table consideration of a request to waive the requirement
for an eight-foot-tall, long-span precast masonry screening wall along the eastern
property line of property located at 1510 East Kearney Street. Motion was
seconded by Mr. Smith and approved unanimously.
14 Conduct a public hearing for the purpose of considering annexation of 364.65
acres in the City’s extraterritorial jurisdiction and generally located at the
intersection of FM 2932 and County Road 245, in the J. Moore Survey, Abstract
No. 309, and a portion of Griffin Lane, a Kaufman County road, and the
right-of-way on both sides, that is adjacent to the City of Mesquite ’s existing
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City Council Minutes - Final May 4, 2020
corporate boundary, Kaufman County, Texas, in connection with voluntary
petitions submitted by Oak National Holdings, LLC and the City of Mesquite.
A public hearing was held to consider annexation of 364.65 acres in the City’s
extraterritorial jurisdiction and generally located at the intersection of FM 2932
and County Road 245, in the J. Moore Survey, Abstract No. 309, and a portion of
Griffin Lane, a Kaufman County road, and the right-of-way on both sides, that is
adjacent to the City of Mesquite’s existing corporate boundary, Kaufman County,
Texas.
Jeff Armstrong, Director of Planning and Development Services, stated that this is
a voluntary annexation of 364.65 acres of land, located south of Interstate
Highway 20 and east of the Heartland development, off of FM 2932. The property
is proposed to be developed as a single-family residential development on
one-acre lots. In addition, the annexation will include a portion of Griffin Lane
and a 1.424-acre, 25-foot-wide strip of land owned by the City of Mesquite. This is
the first of two required public hearings. The second public hearing and the
consideration of the annexation ordinance will be considered at the May 18,
2020, City Council meeting.
No one appeared regarding the proposed annexation.
ADJOURNMENT
Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Boroughs
and approved unanimously. The meeting adjourned at 8:29 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Bruce Archer, Mayor
City of Mesquite, Texas Page 7
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, May 4, 2020 5:00 PM City Hall | Training Rooms A&B
757 N. Galloway | Mesquite, Texas
In accordance with the Governor’s suspension of various provisions of the Texas Open Meetings Act
issued pursuant to his State Disaster Authority, and guidance issued on the suspension by the
Attorney General’s Office:
1. A quorum of the City Council will attend the meeting in person in Training Rooms A & B located at
757 North Galloway Avenue, Mesquite, Texas, (“meeting location”). The meeting location will not be
open to the public.
2. Applicants having matters on the agenda may participate by telephone conference or by appearing
at the meeting location.
3. Members of the public may participate by telephone conference. Though not encouraged,
members of the public may also appear in the lobby of the meeting location where they may voice
comments to the City Council through a camera connection provided by the City. No more than
twenty-five (25) persons will be allowed into the lobby.
4. Those participating by telephone conference may do so by dialing one of the following toll-free
dial-in numbers: 877-853-5257 or 888-475-4499. The participation code (meeting id) for this telephone
conference is: 875 9678 2978 # #.
5. All persons present at the meeting location must observe social distancing by remaining a
minimum of six (6) feet from other meeting participants and are strongly encouraged to wear a
covering over their nose and mouth.
6. Members of the public desiring to comment during Citizens Forum must preregister as follows:
a. Send an email or call the City Secretary on or before 3:00 p.m. on May 4, 2020. The email
address is sland@cityofmesquite.com. The phone number is 972-216-6244.
b. Provide the City Secretary with your name and address. If appearing at the meeting by
telephone conference, also provide the phone number from which you will call.
7. The meeting will be audible to all participants and allow for their two-way communication. Comments
on agenda items may be made during the meeting or by submission on or before 3:00 p.m. on May 4,
2020, to the following email address: sland@cityofmesquite.com.
8. An electronic copy of the agenda packet is posted online with this agenda.
9. The meeting will be recorded and the recording made available to the public.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 20-4788 Discuss COVID-19 Declaration of Local Disaster and Response.
City of Mesquite, Texas Page 1 Monday, May 4, 2020
City Council Meeting Agenda May 4, 2020
EXECUTIVE SESSION - TRAINING ROOMS A&B - 5:00 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 - TRAINING ROOMS A&B - 6:30 P.M.
2 20-4789 Receive quarterly report from the Police Department.
Attachments: Executive Summary
REGULAR CITY COUNCIL MEETING - TRAINING ROOMS A&B - 7:00 P.M.
INVOCATION
Beto Meza, Pastor, New Life Church DFW, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of Mesquite Citizens Police Academy Alumni Association.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
CITIZENS FORUM
At this time, the first of up to 10 citizens that pre-registered with the City Secretary by 3:00 p.m. today 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. The City Manager will identify speakers by the
last four digits of your telephone number. Once identified, please state your name and address for the
record.
City of Mesquite, Texas Page 2 Monday, May 4, 2020
City Council Meeting Agenda May 4, 2020
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.)
3 20-4779 Minutes of the regular City Council meeting held April 20, 2020.
Attachments: 04.20.2020m
4 20-4769 An ordinance of the City of Mesquite, Texas, authorizing the issuance and
sale of City of Mesquite, Texas, Combination Tax and Limited Surplus
Revenue Certificates of Obligation, Series 2020, in the aggregate principal
amount of not to exceed $11,680,000; levying a tax in payment thereof;
prescribing the form of said certificates; approving execution and delivery
of a bond purchase agreement; approving the official statement;
approving and enacting other provisions relating thereto.
Attachments: Ordinance - Combination Tax
5 20-4770 An ordinance of the City of Mesquite, Texas, authorizing the issuance and
sale of City of Mesquite, Texas, Waterworks and Sewer System Revenue
Bonds, Series 2020 in the aggregate principal amount of not to exceed
$22,250,000; approving an official statement; making provisions for the
security thereof; authorizing the execution and delivery of a purchase
agreement; providing an effective date; approving and enacting other
provisions relating thereto.
Attachments: Ordinance - Waterworks
6 20-4782 An ordinance of the City of Mesquite, Texas, authorizing the issuance and
sale of City of Mesquite, Texas, General Obligation Bonds, Series 2020 in
the aggregate principal amount not to exceed $16,750,000; levying a tax in
payment thereof; prescribing the form of said bonds; approving execution
and delivery of a bond purchase agreement; approving the official
statement; and enacting other provisions relating thereto.
Attachments: Ordinance - General Obligation
7 20-4776 A resolution finding that Oncor Electric Delivery Company, LLC’s
application for approval to amend its Distribution Cost Recovery Factor to
increase distribution rates within the City should be denied; authorizing
participation with Oncor Cities Steering Committee, authorizing the hiring
of legal counsel and consulting services, finding that the City’s reasonable
rate case expenses shall be reimbursed by the Company; finding that the
meeting at which this resolution is passed is open to the public as
required by law; and requiring notice of this resolution to the Company
City of Mesquite, Texas Page 3 Monday, May 4, 2020
City Council Meeting Agenda May 4, 2020
and legal counsel.
Attachments: Resolution - Oncor
8 20-4785 A resolution authorizing the City Manager to execute and file with the City
Secretary a voluntary petition for annexation into the City of Mesquite,
Texas, of 1.425 acres of real property owned by the City and generally
located southwest of FM 2932 and southeast of Griffin Lane in Kaufman
County, Texas (the “Property”), authorizing a service plan for the
property, providing a severability clause, and providing an effective date.
Attachments: Resolution - Annexation
Berkshire Estates Annexation Map
9 20-4784 RFP No. 2019-046 - Development of 3811 South Belt Line Road, 4600
Mercury Road, and 14804 Lakeside Road, Balch Springs, Texas.
(Award of bid to Bloomfield Homes, L.P., and authorize the City Manager
to negotiate a Memorandum of Understanding with Bloomfield Homes,
L.P., and the City of Balch Springs outlining the terms and conditions for
the sale of 173.393 acres of land located in Balch Springs to Bloomfield
Homes, L.P., 171.393 acres owned by the City of Mesquite and 2.0 acres
owned by the City of Balch Springs.)
Attachments: Location Map
Evaluation Committee Score Summary
Bloomfield Homes Proposal
RFP No. 2019-046
10 20-4768 Authorize the City Manager to finalize and execute a contract with Garver,
LLC, to perform a Sewer System Fan Testing Study in the amount of
$54,835.00.
11 20-4777 Appoint Terry Anderson to the North Texas Municipal Water District
Board of Directors for a term to expire May 31, 2022.
Attachments: NTMWD Letter
12 20-4783 Appoint two representatives to attend the City/School Joint Tax Office
Advisory Board meeting on Wednesday, June 3, 2020, at 1:30 p.m.
Attachments: Joint Tax Meeting Appointments
PUBLIC HEARINGS
(City Council may approve a different zoning district than the one requested, except that the different
district may not (1) have a maximum structure height or density that is higher than the one requested; or
(2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.)
13 20-4778 Conduct a public hearing and consider possible action regarding a request
from Christopher Brown on behalf of Kodiak Brands, Inc., to waive the
requirement for an eight-foot-tall, long-span precast masonry screening
City of Mesquite, Texas Page 4 Monday, May 4, 2020
City Council Meeting Agenda May 4, 2020
wall along the eastern property line of property located at 1510 East
Kearney Street.
(No responses in favor and two in opposition to the application have been
received from property owners within the statutory notification area. This
item was postponed at the April 20, 2020, City Council meeting.)
Attachments: Staff Memo with Exhibits
Opposition forms
14 19-4594 Conduct a public hearing for the purpose of considering annexation of
364.65 acres in the City’s extraterritorial jurisdiction and generally located
at the intersection of FM 2932 and County Road 245, in the J. Moore
Survey, Abstract No. 309, and a portion of Griffin Lane, a Kaufman County
road, and the right-of-way on both sides, that is adjacent to the City of
Mesquite’s existing corporate boundary, Kaufman County, Texas, in
connection with voluntary petitions submitted by Oak National Holdings,
LLC and the City of Mesquite.
Attachments: Berkshire Annexation Map
Oak National Holdings, LLC Petition
ADJOURNMENT
City of Mesquite, Texas Page 5 Monday, May 4, 2020
City Council Meeting Agenda May 4, 2020
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. 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; Cause No. 3:15-CV-02638-B; on appeal to the U.S. Court of
Appeals for the Fifth Circuit, Case No. 19-10280, Filed 6-3-19
2. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing 2017 wholesale water rates
implemented by North Texas Municipal Water District, PUC Docket No. 46662 – Filed 12-14-16
3. 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
4. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem, Cause
No. DC-18-02903 – Filed 3-1-18
5. Haley Gregory v. City of Mesquite, EEOC #450-2018-06081 – Filed 7-25-18
6. 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, Cause No. 2018-3835-4 –
Filed 10-19-18
7. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No.
DC-18-16933 – Filed 11-8-18; on appeal to the U.S. Court of Appeals for the Fifth Circuit, Case No.
05-19-00667-CV
8. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite, Cause No. 3:19-CV-00047-L – Filed
1-7-19
9. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19
10. 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, Cause No. 3:10-CV-01263-L – Filed 5-24-19
11. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of
Mesquite, Cause No. CC-19-03248-C – Filed 5-31-19
12. City of Mesquite v. Gary R. Timbes; Elizabeth S. Timbes, Cause No. CC-19-06231-A – Filed 10-11-19
13. Javier Pena-Enriquez v. Peter Velasquez and the City of Mesquite, Cause No. 3:19-CV-2529-S – Filed
10-24-19
14. Torey Thomas v. The City of Mesquite, Texas, Cause No. CC-20-00030-A – Filed 1-3-20
15. 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; and The Court of Appeals, Fifth District of Texas
at Dallas, Case No. 05-20-00204-CV – Filed 2-18-20
16. Carrasco v. City of Mesquite et al, Case No. 3:20-CV-00573-C – Filed 3-6-20
Personnel Matters
City of Mesquite, Texas Page 6 Monday, May 4, 2020
City Council Meeting Agenda May 4, 2020
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.
Economic Development
Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to
consider commercial or financial information regarding business prospects or projects. The following
subjects may be discussed:
15 20-4790 Discuss proposed economic development incentive for a prospective
business located at 1510 East Kearney Street.
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 7 Monday, May 4, 2020
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