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City Council

Regular Meeting

Mesquite, TX · July 6, 2020

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, July 6, 2020 4:00 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 - 4:20 P.M. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 4:20 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 that conflicts with the Open Meetings Act (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); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 4:31 p.m., the City Council reconvened in Open Session. No executive action was necessary. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding possible park land dedication ordinance. Council provided direction on the application and process for Park Land Dedication and directed staff to prepare an ordinance for consideration. 2 Discuss updates to the City Council Policies and Procedures. Council provided direction to prepare updates to the City Council Policies and Procedures to include an updated Travel Policy and add language regarding use of city services and receipt of gifts. 3 Receive departmental strategy and budget presentations, as determined by City Management, related to City Council strategic goals and objectives. City of Mesquite, Texas Page 1 City Council Minutes - Final July 6, 2020 4 Discuss COVID-19 response and proposed recovery programs funded through Coronavirus Aid, Relief, and Economic Security (CARES) Act. Council directed staff to contract with Dallas County to utilize a third-party vendor to administer the Emergency Business Assistance Program and Rent/Mortgage Assistance Program through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. It was Council consensus to allow youth sports to continue and adhere to Governor Abbott’s order. It was Council consensus to limit outdoor gatherings to 10 or less individuals. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Ron Ward, Pastor, A Church Without Walls, Mesquite, Texas. PLEDGE OF ALLEGIANCE Mesquite Animal Services staff. SPECIAL ANNOUNCEMENTS 1. Mr. Aleman reminded residents to complete the 2020 Census. By completing the census, additional federal funding will be available to the City for healthcare, education, transportation and other services. 2. Mr. Smith reminded citizens that July 31, 2020, is the deadline to purchase a $50.00 brick, to be placed in the walkway leading up to the new Mesquite Veterans Memorial, for the November 2020, dedication ceremony. Each brick can be engraved with a three -line personal message. He encouraged citizens to honor the military veterans in their lives by purchasing a brick. 3. Mr. Boroughs stated that he will be purchasing three bricks for the Mesquite Veterans Memorial in honor and memory of his father and both grandfathers, who were all military veterans and Mesquite residents. 4. Mr. Boroughs stated that for the past nine years, his neighbors, Melody and Travis Rohde, have organized a Fourth of July parade for his neighborhood, Lake Park Addition. However, due to COVID -19, the parade was cancelled. As part of this celebration, neighborhood residents donated food for the Mesquite Social Services food bank. This year, Mr. and Mrs. Rohde collected over 500 pounds of food from their neighbors. Mr. Boroughs expressed appreciation to Melody and Travis Rohde and his neighbors for their generous donations. 5. Mr. Boroughs announced that the Mesquite Downtown Development Program earned the designation as a Nationally Accredited Main Street Program. The honor was recently announced by the National Main Street Center. Downtown Mesquite is the only first-year program in Texas to ever receive this distinction. The City Council thanked City staff and all volunteers who accomplished so much, in such a short period of time. 6. Mr. Miklos encouraged citizens to volunteer for the Annual Addressing Mesquite Day event on October 3, 2020. This event helps homeowners in need with minor, exterior home repairs and landscape projects. 7. Mr. Miklos announced that Deputy City Manager Jeff Jones has accepted a position with The Woodlands and expressed appreciation for his tenure at the City of Mesquite. City of Mesquite, Texas Page 2 City Council Minutes - Final July 6, 2020 8. Mr. Green stated that Governor Greg Abbott has issued an Executive Order requiring all Texans to wear a face covering over the nose and mouth in public areas. He asked that all residents comply with this order, continue social distancing and follow health guidelines for hand washing and covering coughs and sneezes. 9. Mr. Green commended the Animal Services staff for recently reuniting a lost dog with its owner after scanning for a microchip and encouraged citizens to microchip their pets. 10. Ms. Wisdom stated that she is not wearing a mask over her nose and mouth due to health reasons. 11. Ms. Wisdom announced that a virtual Town Hall Meeting will be held on Tuesday, July 14, 2020, at 7:00 p.m., to discuss the City budget and encouraged citizens to participate. 12. Ms. Wisdom stated that the District 1 and District 2 Neighborhood Meeting planned for Saturday, August 1, 2020, has been postponed and will be rescheduled at a later date. 13. Mayor Archer announced that former Mayor John Monaco passed away yesterday, Sunday, July 5, 2020. He requested that Pastor Ron Ward lead a moment of prayer in his honor. 14. Mr. Green stated that the Downing group, consisting of friends and neighbors of former Mayor Monaco, has received approval from Mrs. Monaco for friends and neighbors to leave flowers or mementos along the Downing Way fence as a way of paying their respects to former Mayor Monaco. 15. Mayor Archer announced that NAACP President Henry Brown has started a fundraiser for a scholarship fund for students interested in pursuing a career in the mental health field. CITIZENS FORUM Henry Brown, 211 Athel Drive, expressed appreciation to City Manager Cliff Keheley for participating in the recent Juneteenth celebration. CONSENT AGENDA Approval of the Consent Agenda Mr. Aleman requested that Item Nos. 7-9 be removed from the Consent Agenda to be considered separately. Ms. Wisdom moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and approved unanimously. 5 Minutes of the Preliminary Budget Workshop meeting held June 8, 2020, and the regular City Council meeting held June 15, 2020. Approved on the Consent Agenda. 6 A resolution authorizing the City Manager to finalize and execute a Real Estate Purchase and Sale Agreement with Bloomfield Homes, L.P., for the sale of 171.393 acres of land located in Balch Springs by the City to Bloomfield Homes, L.P., and authorizing the City Manager to take all other actions necessary to finalize the closing and sale of the Property. Approved on the Consent Agenda. Resolution No. 24-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A REAL ESTATE PURCHASE AND SALE AGREEMENT WITH BLOOMFIELD HOMES, L.P., FOR THE SALE OF 171.393 ACRES OF LAND LOCATED IN BALCH SPRINGS BY THE CITY TO BLOOMFIELD HOMES, L.P., AND AUTHORIZING THE CITY MANAGER TO TAKE ALL OTHER ACTIONS NECESSARY City of Mesquite, Texas Page 3 City Council Minutes - Final July 6, 2020 TO FINALIZE THE CLOSING AND SALE OF THE PROPERTY. (Resolution No. 24-2020 recorded in Resolution Book No. 60.) 10 Bid No. 2020-073 - Crushed Concrete Aggregate Annual Contract. (Authorize the City Manager to execute a contract with low bidder, Southwest Crushing, LLC, in the amount of $108,000.00. The term of this contract is for a one-year period with two 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. 11 Bid No. 2020-084 - 2020 Community Development Block Grant (CDBG) Sidewalk Improvement Project. (Authorize the City Manager to finalize and execute a contract with low bidder Cam-Crete Contracting, Inc., in an amount not to exceed $107,020.00.) Approved on the Consent Agenda. 12 Bid No. 2020-091 - Purchase of Seven Half-Ton Pickups. (Staff recommends all bids be rejected and rebid at a later date. This item was postponed at the June 15, 2020, City Council meeting.) Approved on the Consent Agenda. 13 Ratify the emergency expenditure of $30,000.00, and authorize the City Manager to execute a contract in a not to exceed amount of $ 53,000.00, with Germophobe, LLC, without competitive bidding pursuant to Section 252.022(a) of the Texas Local Government Code, for the continued weekly sanitizing of all fire stations and first responder areas in the Police Department. Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 7 Authorize the City Manager to finalize and execute a Settlement Agreement with Spradley Farms, L.C., as managing partner for Spradley Farms, LTD, consistent with the terms of the Rule 11 and Settlement Agreement approved by the City Council of Mesquite, Texas, on June 8, 2020, and to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement, and authorize the City Manager to administer the agreement on behalf of the City, regarding Spradley Farms, L.C., et al. vs. City of Mesquite, et al., Cause No. 104439-CC2, in County Court at Law No. 2, Kaufman County, Texas. (This item was postponed at the June 15, 2020, City Council meeting.) Mr. Aleman moved to authorize the City Manager to finalize and execute a Settlement Agreement with Spradley Farms, L.C., as managing partner for Spradley Farms, LTD, consistent with the terms of the Rule 11 and Settlement Agreement approved by the City Council of Mesquite, Texas, on June 8, 2020, and to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement, and authorize the City Manager to administer the agreement on behalf of the City, regarding Spradley Farms, L.C., et al. vs. City of Mesquite, et al., Cause No. City of Mesquite, Texas Page 4 City Council Minutes - Final July 6, 2020 104439-CC2, in County Court at Law No. 2, Kaufman County, Texas. Motion was seconded by Mr. Boroughs and approved unanimously. 8 A resolution authorizing the City Manager to finalize and execute an Amended and Restated Master Development Agreement between the City of Mesquite, Texas, the Board of Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), and Spradley Farms, LTD, regarding the development of approximately 652 acres of land generally located between FM 2757 and IH-20, and north of IH-20 east of FM 740 in Kaufman County, Texas, located within the corporate limits of the City of Mesquite, Texas, as a mixed use planned development consisting of residential and commercial components and other associated uses and being commonly referred to as “Spradley Farms”; authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and authorizing the City Manager to administer the agreement on behalf of the City. (This item was postponed at the June 15, 2020, City Council meeting.) Mr. Aleman moved to approve Resolution No. 25-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MESQUITE, TEXAS, THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER THIRTEEN, CITY OF MESQUITE, TEXAS (SPRADLEY FARMS), AND SPRADLEY FARMS, LTD, REGARDING THE DEVELOPMENT OF APPROXIMATELY 622 ACRES OF LAND GENERALLY LOCATED BETWEEN FM 2757 AND IH-20 AND NORTH OF IH-20 EAST OF FM 740 IN KAUFMAN COUNTY, TEXAS, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF MESQUITE, TEXAS, AS A MIXED USE PLANNED DEVELOPMENT CONSISTING OF RESIDENTIAL AND COMMERCIAL COMPONENTS AND OTHER ASSOCIATED USES AND BEING COMMONLY REFERRED TO AS “SPRADLEY FARMS” (THE “AMENDED AGREEMENT”); AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AMENDED AGREEMENT AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AMENDED AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 25-2020 recorded in Resolution Book No. 60.) 9 A resolution repealing Resolution No. 01-2020 and adopting 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 Highway 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 Highway 20 and southwest of Cimarron Trail, all of such property being located in Kaufman County, Texas, and within the corporate limits of the City of Mesquite, Texas, and providing an effective date. (This item was postponed at the June 15, 2020, City Council Meeting.) John Jordan, representing Spradley Farms, expressed appreciation to the City Council. City of Mesquite, Texas Page 5 City Council Minutes - Final July 6, 2020 Mr. Aleman moved to add the names and terms of the initial directors of the Spradley Farms Improvement District of Kaufman County to Section 3 of the Resolution, as follows: Position 1, Kelly Crawford, 4 years Position 2, Hunter Graham, 2 years Position 3, Brian Hutcheson, 4 years Position 4, Carolyn Miller Stoddard, 2 years Position 5, Dan Gerlach, 2 years And, to approve Resolution No. 26-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, REPEALING RESOLUTION NO. 01-2020 AND ADOPTING 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 HIGHWAY 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 HIGHWAY 20 AND SOUTHWEST OF CIMARRON TRAIL, ALL OF SUCH PROPERTY BEING LOCATED IN KAUFMAN COUNTY, TEXAS, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MESQUITE, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 26-2020 recorded in Resolution Book No. 60.) END OF CONSENT AGENDA CONSIDERATION OF A RESOLUTION 14 Consider a resolution condemning racism and committing to community, inclusion and equality. Mayor Archer stated that the City of Mesquite denounces all forms of hatred and racism and all citizens must be treated equally. Mayor Archer read the proposed resolution. Councilmembers expressed support for the resolution. Mr. Aleman moved to approve Resolution No. 27-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, CONDEMNING RACISM AND COMMITTING TO COMMUNITY, INCLUSION AND EQUALITY. Motion was seconded by Ms. Wisdom and approved unanimously. (Resolution No. 27-2020 recorded in Resolution Book No. 60.) PUBLIC HEARINGS 15 A. Conduct a public hearing to receive citizen input regarding the proposed Program Year 2020-2021 Community Development Block Grant (CDBG) budget. B. Consider a resolution authorizing the filing of an application for an amount not to exceed $1,143,107.00 for federal funds under the Housing and Community Development Act and designating the City Manager as Chief Executive Officer and authorized representative for the purpose of giving City of Mesquite, Texas Page 6 City Council Minutes - Final July 6, 2020 required assurances and acting in connection with said application. A public hearing was held regarding the proposed Program Year (PY) 2020-2021 Community Development Block Grant (CDBG) budget. Maria Martinez, Director of Neighborhood Services, stated that this is the second of two required public hearings for the PY 2020-2021 CDBG budget. The total allocated funds for PY 2020-2021 is $1,143,107.00. Administration and Planning activities are capped at 20 percent, which is $228,621.00; however, staff is proposing reducing the allocation to $86,300.00. The difference of $142,321.00 will be reallocated to Other Projects increasing the amount from $743,020.00 to $885,341.00. Mesquite Social Services and the Summer Youth Program will utilize rollover funding from Program Year 2019-2020. Mesquite Social Services will also receive CDBG-CV funding. No one appeared regarding the proposed PY 2020-2021 CDBG budget. Mr. Aleman moved to approve Resolution No. 28-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE FILING OF AN APPLICATION FOR AN AMOUNT NOT TO EXCEED $1,143,107.00 FOR FEDERAL FUNDS UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT; AND DESIGNATING THE CITY MANAGER AS CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF GIVING REQUIRED ASSURANCES AND ACTING IN CONNECTION WITH SAID APPLICATION. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 28-2020 recorded in Resolution Book No. 60.) 16 Conduct a public hearing and consider possible action regarding a request from Scott Rose on behalf of Locke Supply Co., to substitute the requirement for an eight-foot-tall, long-span precast concrete screening wall for a chain-link fence with vinyl coating and slats on property located at 4401 Samuell Boulevard. A public hearing was held to consider a request to substitute a chain-link fence with vinyl coating and slats for a required eight-foot-tall, long-span precast concrete screening wall on property located at 4401 Samuell Boulevard. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is requesting to substitute an eight-foot-tall black vinyl coated chain-link fence with slats for the required masonry screening wall to provide screening of the outdoor storage area. Locke Supply Co. is proposing to locate in a 35,500-square-foot lease space in the Mesquite Business Center with an outdoor storage area located on the west side of the building that will be visible from Samuell Boulevard. Cliff Keheley, City Manager, stated that the applicant, Scott Rose, on behalf of Locke Supply Co., is unable to attend the meeting this evening; however, he was able to view the Pre-Meeting discussion remotely. An email was received from Mr. Rose stating that he understands Council's concerns regarding the width of the fence slats and agrees with Council's recommendations to include a slat width requirement. No one appeared regarding the proposed substitution request. Mr. Miklos moved to approve a request from Scott Rose, on behalf of Locke Supply Co., to substitute the requirement for an eight-foot-tall, long-span precast City of Mesquite, Texas Page 7 City Council Minutes - Final July 6, 2020 concrete screening wall for a chain-link fence with a minimum slat width of 1¼ inch in a mesh size of 2¼ inch in a wire gauge of 11½ or 12 inches on property located at 4401 Samuell Boulevard. Motion was seconded by Ms. Wisdom and approved unanimously. 17 A. Conduct a public hearing under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms) (“the Zone”), decreasing the percentage of tax increment to be contributed by the City to the Tax Increment Fund for the Zone from 70 percent to 60 percent, extending the term of the Zone, and designating additional property in the Zone to be acquired by the City, amending Ordinance Nos. 4713 and 4734, making a finding of feasibility, providing a repealer clause, providing a severability clause, and providing an effective date. B. An ordinance approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), decreasing the percentage of tax increment to be contributed by the City to the Tax Increment Fund for the Zone from 70 percent to 60 percent, extending the term of the Zone, and designating additional property in the Zone to be acquired by the City, amending Ordinance Nos. 4713 and 4734, making a finding of feasibility, providing a repealer clause, providing a severability clause, and providing an effective date. A public hearing was held to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms). Ted Chinn, Assistant City Manager, stated that State law requires a public hearing when a Tax Increment Reinvestment Zone (TIRZ) term is extended and when the land within the TIRZ is dedicated or designated as additional property that would be acquired by the City. The TIRZ will fund up to $159 million of public improvements and no taxpayers outside of the district will pay for those improvements. The amended Project Plan and Reinvestment Zone Financing Plan decreases the percentage of tax increment to be contributed by the City to the Tax Increment Fund for the Zone from 70 percent to 60 percent and extends the term of the Zone for an additional 10 years, from 35 years to 45 years. No one appeared regarding the amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Thirteen, City of Mesquite, Texas. Mr. Aleman moved to approve Ordinance No. 4790, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS (“CITY”) APPROVING AN AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER THIRTEEN, CITY OF MESQUITE, TEXAS (SPRADLEY FARMS) (THE “ZONE”); DECREASING THE PERCENTAGE OF TAX INCREMENT CONTRIBUTED BY THE CITY TO THE TAX INCREMENT FUND FOR THE ZONE FROM 70 PERCENT TO 60 PERCENT; EXTENDING THE TERM OF THE ZONE; AND DESIGNATING ADDITIONAL PROPERTY IN THE ZONE TO BE ACQUIRED BY THE CITY; AMENDING ORDINANCE NOS. 4713 AND 4734; MAKING A FINDING OF FEASIBILITY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 4790 recorded in Ordinance Book No. 120.) City of Mesquite, Texas Page 8 City Council Minutes - Final July 6, 2020 18 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2020-21 budget. A public hearing was held to receive citizen input on the proposed Fiscal Year 2020-21 budget. Debbie Reid, Director of Finance, stated that this is the first of three public hearings to receive citizen input on the proposed Fiscal Year 2020-21 budget. Citizens are encouraged to view the budget educational video and complete a citizen survey on the City’s website. Ms. Reid reviewed the transparency portal on the City’s website. Ms. Reid stated that the City budgets for 34 different funds – five operating funds, five debt service funds, two internal service funds, 10 special revenue funds and 12 capital projects funds. The total proposed expenditure budget is $253 million. The proposed General Fund budget is $134 million with over 50 percent consisting of public safety and approximately 80 percent consisting of personnel. Ms. Reid stated that a virtual Budget Town Hall meeting will be held on July 14, 2020, at 7:00 p.m., the second budget public hearing will be held at the July 20, 2020, City Council meeting and the third budget public hearing will be held at the August 3, 2020, City Council meeting. No one appeared regarding the proposed Fiscal Year 2020-21 budget. A brief recess was taken at 8:28 p.m. PRE-MEETING - CITY COUNCIL CHAMBER - 8:35 P.M. 2 Discuss updates to the City Council Policies and Procedures. Council provided direction to prepare updates to the City Council Policies and Procedures to include an updated Travel Policy and add language regarding use of city services and receipt of gifts. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:00 P.M. Mayor Archer 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 (Item No. 20 – Consider purchase of real property located on Airport Boulevard ); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:10 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 9 City Council Minutes - Final July 6, 2020 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:10 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. 21 – Discuss economic development incentives for a prospective development at 105 South Broad Street and Item No. 22 – Discuss economic development incentives for a prospective development at 500 North Galloway Avenue); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:43 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:43 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 that conflicts with the Open Meetings Act (Item No. 19 – Discuss matters relating to the Public Information Act and Open Meetings Act; and 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 at Dallas, Case No. 05-19-00667-CV;); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:59 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Aleman moved to adjourn the meeting. Motion was seconded by Mr. Boroughs and approved unanimously. The meeting adjourned at 9:59 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 10

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, July 6, 2020 4:00 PM City Hall | Council Chamber 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. Members of the public, applicants and interested parties may attend the meeting in person or participate by telephone conference. 2. Those participating by telephone conference may do so by dialing the following toll-free dial-in number: 888-475-4499. The participation code (meeting id) for this telephone conference is: 858 7396 0683 # #. 3. All persons present at the meeting location must observe social distancing by remaining a minimum of six (6) feet from other meeting participants and must wear a covering over their nose and mouth. 4. Members of the public desiring to comment during Citizens Forum via telephone conference must preregister as follows: a. Send an email or call the City Secretary on or before 3:00 p.m. on July 6, 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. 5. 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 July 6, 2020, to the following email address: sland@cityofmesquite.com. 6. An electronic copy of the agenda packet is posted online with this agenda. 7. The meeting will be recorded and the recording made available to the public. PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS (Any staff presentation not completed prior to the City Council Regular Meeting in the City Council Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular Meeting.) 1 20-4832 Receive briefing regarding possible park land dedication ordinance. 2 20-4843 Discuss updates to the City Council Policies and Procedures. 3 20-4858 Receive departmental strategy and budget presentations, as determined by City Management, related to City Council strategic goals and objectives. 4 20-4879 Discuss COVID-19 response and proposed recovery programs funded City of Mesquite, Texas Page 1 Monday, July 6, 2020 City Council Meeting Agenda July 6, 2020 through Coronavirus Aid, Relief, and Economic Security (CARES) Act. 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 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Ron Ward, Pastor, A Church Without Walls, Mesquite, Texas. PLEDGE OF ALLEGIANCE Mesquite Animal Services staff. 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. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda, 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. City of Mesquite, Texas Page 2 Monday, July 6, 2020 City Council Meeting Agenda July 6, 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.) 5 20-4864 Minutes of the Preliminary Budget Workshop meeting held June 8, 2020, and the regular City Council meeting held June 15, 2020. Attachments: 06.08.2020m Budget Workshop.pdf 06.15.2020m 6 20-4805 A resolution authorizing the City Manager to finalize and execute a Real Estate Purchase and Sale Agreement with Bloomfield Homes, L.P., for the sale of 171.393 acres of land located in Balch Springs by the City to Bloomfield Homes, L.P., and authorizing the City Manager to take all other actions necessary to finalize the closing and sale of the Property. Attachments: Resolution Property Location Map 7 20-4870 Authorize the City Manager to finalize and execute a Settlement Agreement with Spradley Farms, L.C., as managing partner for Spradley Farms, LTD, consistent with the terms of the Rule 11 and Settlement Agreement approved by the City Council of Mesquite, Texas, on June 8, 2020, and to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement, and authorize the City Manager to administer the agreement on behalf of the City, regarding Spradley Farms, L.C., et al. vs. City of Mesquite, et al., Cause No. 104439-CC2, in County Court at Law No. 2, Kaufman County, Texas. (This item was postponed at the June 15, 2020, City Council meeting.) 8 20-4868 A resolution authorizing the City Manager to finalize and execute an Amended and Restated Master Development Agreement between the City of Mesquite, Texas, the Board of Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), and Spradley Farms, LTD, regarding the development of approximately 652 acres of land generally located between FM 2757 and IH-20, and north of IH-20 east of FM 740 in Kaufman County, Texas, located within the corporate limits of the City of Mesquite, Texas, as a mixed use planned development consisting of residential and commercial components and other associated uses and being commonly referred to as “Spradley Farms”; authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and authorizing the City Manager to administer the agreement on behalf of the City. (This item was postponed at the June 15, 2020, City Council meeting.) City of Mesquite, Texas Page 3 Monday, July 6, 2020 City Council Meeting Agenda July 6, 2020 9 20-4869 A resolution repealing Resolution No. 01-2020 and adopting 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 Highway 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 Highway 20 and southwest of Cimarron Trail, all of such property being located in Kaufman County, Texas, and within the corporate limits of the City of Mesquite, Texas, and providing an effective date. (This item was postponed at the June 15, 2020, City Council Meeting.) 10 20-4855 Bid No. 2020-073 - Crushed Concrete Aggregate Annual Contract. (Authorize the City Manager to execute a contract with low bidder, Southwest Crushing, LLC, in the amount of $108,000.00. The term of this contract is for a one-year period with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Attachments: Bid Tabulation Plant location analysis 11 20-4862 Bid No. 2020-084 - 2020 Community Development Block Grant (CDBG) Sidewalk Improvement Project. (Authorize the City Manager to finalize and execute a contract with low bidder Cam-Crete Contracting, Inc., in an amount not to exceed $107,020.00.) Attachments: Recommendation Letter Bid Tabulation Location Maps 12 20-4874 Bid No. 2020-091 - Purchase of Seven Half-Ton Pickups. (Staff recommends all bids be rejected and rebid at a later date. This item was postponed at the June 15, 2020, City Council meeting.) 13 20-4877 Ratify the emergency expenditure of $30,000.00, and authorize the City Manager to execute a contract in a not to exceed amount of $53,000.00, with Germophobe, LLC, without competitive bidding pursuant to Section 252.022(a) of the Texas Local Government Code, for the continued weekly sanitizing of all fire stations and first responder areas in the Police Department. Attachments: Germophobe Pricing Blackmon Mooring pricing HUB Vendor Search City of Mesquite, Texas Page 4 Monday, July 6, 2020 City Council Meeting Agenda July 6, 2020 CONSIDERATION OF A RESOLUTION 14 20-4880 Consider a resolution condemning racism and committing to community, inclusion and equality. 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.) 15 20-4865 A. Conduct a public hearing to receive citizen input regarding the proposed Program Year 2020-2021 Community Development Block Grant (CDBG) budget. B. Consider a resolution authorizing the filing of an application for an amount not to exceed $1,143,107.00 for federal funds under the Housing and Community Development Act and designating the City Manager as Chief Executive Officer and authorized representative for the purpose of giving required assurances and acting in connection with said application. Attachments: Resolution 16 20-4873 Conduct a public hearing and consider possible action regarding a request from Scott Rose on behalf of Locke Supply Co., to substitute the requirement for an eight-foot-tall, long-span precast concrete screening wall for a chain-link fence with vinyl coating and slats on property located at 4401 Samuell Boulevard. Attachments: Staff Memo with Exhibits 17 20-4846 A. Conduct a public hearing under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms) (“the Zone”), decreasing the percentage of tax increment to be contributed by the City to the Tax Increment Fund for the Zone from 70 percent to 60 percent, extending the term of the Zone, and designating additional property in the Zone to be acquired by the City, amending Ordinance Nos. 4713 and 4734, making a finding of feasibility, providing a repealer clause, providing a severability clause, and providing an effective date. B. An ordinance approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), decreasing the percentage of tax increment to be contributed by the City to the Tax Increment Fund for the Zone from 70 percent to 60 percent, extending the term of the Zone, and designating additional property in the Zone to be acquired by the City, amending Ordinance Nos. 4713 and 4734, making a finding of feasibility, City of Mesquite, Texas Page 5 Monday, July 6, 2020 City Council Meeting Agenda July 6, 2020 providing a repealer clause, providing a severability clause, and providing an effective date. 18 20-4857 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2020-21 budget. 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. 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 City of Mesquite, Texas Page 6 Monday, July 6, 2020 City Council Meeting Agenda July 6, 2020 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 at Dallas, Case No. 05-19-00667-CV 8. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19 9. 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 10. 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 11. City of Mesquite v. Gary R. Timbes; Elizabeth S. Timbes, Cause No. CC-19-06231-A – Filed 10-11-19 12. Javier Pena-Enriquez v. Peter Velasquez and the City of Mesquite, Cause No. 3:19-CV-2529-S – Filed 10-24-19 13. Torey Thomas v. The City of Mesquite, Texas, Cause No. CC-20-00030-A – Filed 1-3-20 14. 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 15. Carrasco v. City of Mesquite et al, Case No. 3:20-CV-00573-C – Filed 3-6-20 16. Corey Reynolds and Molly Reynolds v. The City of Mesquite, Mesquite Police Department, Officer Shedd and Progressive County Mutual Insurance Company, Cause No. DC-20-07209 – Filed 5-22-20 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: 19 20-4886 Discuss matters relating to the Public Information Act and Open Meetings Act. Real Property Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to consider the purchase, exchange, lease or value of real property. The following subject may be discussed: 20 20-4881 Consider purchase of real property located on Airport Boulevard. City of Mesquite, Texas Page 7 Monday, July 6, 2020 City Council Meeting Agenda July 6, 2020 Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such a business prospect. The following subjects may be discussed: 21 20-4863 Discuss economic development incentives for a prospective development at 105 South Broad Street. 22 20-4878 Discuss economic development incentives for a prospective development at 500 North Galloway Avenue. 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 8 Monday, July 6, 2020

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