Agenda Review

AGENDA REVIEW

Item 1

STAFF PRESENTATIONS

Receive briefing regarding the Front Street Station project.

Item 2

Receive briefing regarding proposed financial policies for City Council approval.

Item 3

CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M.

Receive quarterly report from the Police Department.

Item 4

Presentation of meritorious awards to Fire Department employees.

Call to Order

REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.

INVOCATION
To be determined.

PLEDGE OF ALLEGIANCE
Members of the Mesquite Citizens Police Academy Alumni Association.

Item 5

PRESENTATIONS

Presentation of a plaque to Chris Jasper in recognition of his service as a member of the
Board of Adjustment and Automated Traffic Signal Enforcement Advisory Committee.

Item 6

Presentation of a plaque to Michael Hooker in recognition of his service as a member of the
Board of Adjustment and Automated Traffic Signal Enforcement Advisory Committee.

Special Announcements

This time is reserved for special announcements and recognition of individuals or groups.

Citizens Forum

At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than
personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or
value of real property for a length of time not to exceed three minutes on a first-come, first-served
basis. No Council action or discussion is to be taken until such matter is placed on the Agenda and
posted in accordance with law.

Consent Agenda

(All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the City Council or any individual wish to discuss any item, said item may be
removed from the Consent Agenda by motion of the City Council.)

7 Minutes of the regular City Council meeting held January 22, 2019.

8 An ordinance ordering a Special Election to be held on May 4, 2019, for the purpose of
submitting to the qualified voters of the City, for adoption or rejection, the question of whether
to authorize the sale of approximately 171.393 acres of City park land located at 3811 South
Belt Line Road, containing approximately 87.727 acres, and adjacent land located at 4600
Mercury Road, containing approximately 83.666 acres, the entirety of which is located in the
City of Balch Springs, Dallas County, Texas.

9 A resolution adopting a Debt Continuing Disclosure and Post Issuance Compliance Policy for
the City of Mesquite.

10 A resolution adopting an Accounting, Auditing and Financial Reporting Policy for the City of
Mesquite.

11 A resolution adopting an Annual Budget and Long-Range Plans Policy for the City of
Mesquite.

12 A resolution adopting a Revenue Management and Expenditure Control Policy for the City of
Mesquite.

13 A resolution authorizing the sale of two tax-foreclosed properties located at 3637 Bahamas
Drive and 700 West College Street in Mesquite, Texas; accepting the offers from the
purchasers to purchase the properties; ratifying and approving the Offer and Purchase
Agreements executed by the purchasers setting forth the terms and conditions of the sale of
the properties; and authorizing the City Manager to execute quitclaim deeds and all other
documents necessary or requested to complete the closing and sale of the properties.

14 A resolution authorizing the sale of tax-foreclosed property located at 302 South Walker
Street in Mesquite, Texas; accepting the offer from the purchaser to purchase the property;
ratifying and approving the Offer and Purchase Agreement executed by the purchaser setting
forth the terms and conditions of the sale of the property; and authorizing the City Manager to
execute a quitclaim deed and all other documents necessary or requested to complete the
closing and sale of the property.

15 Bid No. 2019-018 - Annual Supply of Duplicating Papers.
(Staff recommends award to low bidder Western BRW Paper Company in the amount of
$104,486.58. The term of this contract is for a one-year period with four additional one-year
renewal options, subject to annual appropriation of sufficient funds.)

16 Authorize the City Manager to finalize and execute a supplemental agreement (Phase II) to
the Construction Manager at Risk contract with SEDALCO, Inc., to establish the Guaranteed
Maximum Price (GMP) of $5,728,720.00 for construction services of new Mesquite Fire
Station No. 4.

17 Authorize the City Manager to finalize and execute a contract with Graham Associates, Inc .,
to prepare construction documents for Powell Road, Powell Circle, Melton Lane, Magnolia
Drive, Douglas Drive and Orchid Avenue in the amount of $262,790.00.

18 Authorize the City Manager to finalize and execute a contract with Pipeline Analysis, LLC, to
update the Sanitary Sewer Master Plan in the amount of $624,910.00.

19 Authorize the City Manager to finalize and execute an interlocal agreement with the City of
Balch Springs, Texas, to share in the cost of a Special Election to be held May 4, 2019,
authorizing the City Council to convey City park land by sale, up to a maximum of
$30,000.00.

20 Authorize the City Manager to negotiate and execute a U.S. Army Corps of Engineers
Wetland 404 Permit Mitigation Credit Sales Agreement with Wetlands Management, L.P., in
the amount of $177,735.00.

21 Receive the January 2019 semiannual report for impact fees from the Capital Improvements
Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local
Government Code.

Item 22

Conduct a public hearing and consider an ordinance for Application No. Z0518-0038,
submitted by Warrant Corwin, Corwin Engineer, Inc., for a change of zoning from Planned
Development-Office to Planned Development-Townhomes to allow a townhome residential
subdivision, located at 2920 Gus Thomasson Road.
(One response 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 with certain stipulations. This item was postponed from the January
22, 2019, City Council meeting.)

Item 23

Conduct a public hearing and consider an ordinance for Application No. Z1218-0079,
submitted by Marilyn Diaz, on behalf of DDHFC, Inc. for a change of zoning from Planned
Development - General Retail to Planned Development - General Retail with a Conditional
Use Permit to allow a daycare, located at 1615 Oates Drive.
(No responses in favor and one in opposition to the application has been received from
property owners within the statutory notification area. The Planning and Zoning Commission
recommends approval of the application.)

Item 24

Conduct a public hearing and consider an ordinance for Application No. Z1218-0081,
submitted by Masterplan on behalf of Jon Swehla, for a change of zoning from Industrial
within the Skyline Logistics Hub Overlay to Service Station within the Skyline Logistics Hub
Overlay, located at 117 South Town East Boulevard.
(No responses in favor or 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.)

Item 25

Conduct a public hearing and consider a resolution authorizing and creating the Iron Horse
Public Improvement District to include approximately 58.213 acres of land generally located
north of Rodeo Drive, south of Scyene Road (also known as Highway 352), east of Stadium
Drive and west of Rodeo Center Boulevard in the City of Mesquite, Dallas County, Texas,
located within the corporate limits of the City of Mesquite, Texas, in accordance with Chapter
372 of the Texas Local Government Code, providing for related matters and providing an
effective date.

Executive Session

NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed
session to consider pending or contemplated litigation subjects or settlement offers. The following
cases/subjects may be discussed:
1. James H. Watson and Others Similarly Situated v. City of Allen, City of Amarillo, City of Arlington,
City of Austin, City of Balch Springs, City of Balcones Heights, City of Bastrop, City of Baytown, City of
Bedford, City of Burleson, City of Cedar Hill, City of Cleveland, City of Conroe, City of Coppell, City of
Corpus Christi, City of Dallas, City of Denton, City of Diboll, City of Duncanville, City of El Paso, City of
Elgin, City of Farmers Branch, City of Fort Worth, City of Frisco, City of Garland, City of Grand Prairie,
City of Haltom City, City of Humble, City of Hurst, City of Hutto, City of Irving, City of Jersey Village, City
of Killeen, City of League City, City of Little Elm, City of Longview, City of Lufkin, City of Magnolia, City of
Marshall, City of Mesquite, City of North Richland Hills, City of Plano, City of Port Lavaca, City of
Richardson, City of Richland Hills, City of Roanoke, City of Round Rock, City of Southlake, City of
Sugar Land, City of Tomball, City of University Park, City of Watauga, City of Willis, Redflex Traffic
Systems, Inc., American Traffic Solutions, Inc., American Traffic Solutions, LLC, Xerox State & Local
Solutions, Inc., f/k/a ACS State & Local Solutions, Inc., and the State of Texas – Filed 4-28-15
2. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City
of Mesquite, Texas; Jack Fyall; Richard Houston; Alan Gafford; Zachary Scott; William Heidelburg; Paul
Polish; Joe Baker; Bill Hedgpeth – Filed 8-12-15
3. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing 2017 wholesale rates
implemented by the North Texas Municipal Water District, PUC Docket No. 46662 – Filed 12-14-16
4. Scott Damon Richardson v. Stephen Crane – Filed 8-10-17
5. Scott Damon Richardson v. Darren Marsack – Filed 8-10-17
6. Christopher Acoff v. City of Mesquite – Filed 8-25-17
7. Mohamed Bedran v. City of Mesquite – Filed 9-26-17
8. Victor Davis v. City of Mesquite and Glenn A. Evans, Individually – Filed 11-9-17
9. 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
10. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18
11. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in
rem – Filed 3-1-18
12. Ex Parte North Texas Municipal Water District – Filed 5-7-18
13. City of Mesquite v. Govind Group Corp. – Filed 8-31-18
14. City of Allen, City of Arlington, City of Bedford, City of Belton, City of Carrollton, City of Cedar Hill,
City of Colleyville, City of Coppell, City of Dalworthington Gardens, City of Euless, City of Fort Worth,
City of Garland, City of Grand Prairie, City of Harker Heights, City of Hutto, City of Irving, City of Killeen,
City of Lewisville, City of Mesquite, City of Rockwall, City of Rowlett, City of Waco and City of Wichita
Falls, Texas v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications – Filed
10-19-18
15. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18
16. James Murphy v. Officer Eric Zimmerman, Officer Nicholas Sierra, Officer Colton Ables, Officer
Alex Berg, Officer C. M. Copeland, Officer B. S. Smith, and the City of Mesquite, Texas – Filed 11-2-18
17. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment – Filed 11-8-18
18. Julia Y. Hodges and Yamileth Hodges v. City of Mesquite – Filed 12-4-18
19. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite – Filed 1-7-19
20. Gregory Von Lee v. City of Mesquite – Filed 1-15-19

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 subjects
may be discussed:
26 Consider the lease of real property located at 3095 McKenzie Road, Mesquite, Texas.

Personnel Matters
Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the
appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City
Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and
commissions, and City officers or other employees. A complete list of the members of the City boards
and commissions is on file in the City Secretary’s office.
Following discussions in executive session, the City Council will reconvene in open session where any
final action regarding executive session items will be taken.
The City Council reserves the right to adjourn into executive session at any time during the course of
this meeting to discuss any of the matters posted on this agenda, when such executive session is
authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072
(Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074
(Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and
551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and
Texas Government Code Section 418.183(f) (Emergency Management).
The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48
hours in advance of the meeting. To make arrangements, call the City Secretary's office at
972-216-6244 or TDD 1-800-735-2989.
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a
person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may
not enter this property with a concealed handgun.
Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma
de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley
de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego
oculta.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a
person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may
not enter this property with a handgun that is carried openly.
Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma
de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno
(ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de
fuego a la vista.

ADJOURNMENT