REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBER 3:00 P.M.

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1 CITY OF MESQUITE, TEXAS, MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD BEGINNING AT 1:00 P.M., JUNE 6, 2011, CITY COUNCIL CHAMBER, CITY HALL, 711 N. GALLOWAY. Present: Mayor John Monaco and Councilmembers Bill Porter, Dennis Tarpley, Al Forsythe, Stan Pickett, Shirley Roberts and Brian Hutcheson, City Manager Ted Barron and City Secretary Sonja Land. PRE-MEETING CITY COUNCIL CONFERENCE ROOM 1:00 P.M. The City Council met in the City Council Conference Room beginning at 1:00 p.m. to discuss the items on the Regular Agenda and receive briefing regarding Off- Premise Beer and Wine Permit application procedures. REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBER 3:00 P.M. Invocation was given by W. R. Willis, Pastor, Calvary Temple Community Church, Mesquite, Texas. The Pledge of Allegiance was led by Wayne Larson, Manager of Communications. SPECIAL ANNOUNCEMENTS. (1) Ms. Roberts announced that the Mesquite Symphonic Band will be performing an outdoor concert at Westlake Park each Monday in June at 7:15 p.m. and Jazz Breaks on the Plaza will take place at the Mesquite Arts Center each Tuesday in June at 7:30 p.m. She invited everyone to partake in these free concerts. (2) Mr. Tarpley announced that his first grandchild was recently born to his son and daughter-in-law. CITIZENS FORUM. Sandy Daniels, 1902 Prairie Creek Trail, Garland, spoke regarding motorcycle safety and awareness. She explained the Share the Road sign campaign and encouraged Council to place these signs along heavily traveled roads in Mesquite. INSTALLATION OF MAYOR. 1. INSTALLATION OF NEWLY ELECTED MAYOR. Monaco. City Secretary Sonja Land administered the Oath of Office to Mayor John PRESENTATION OF CERTIFICATES. 2. Presentation of Certificates of Election to Mayor John Monaco, Councilmembers Bill Porter, Place 1, Al Forsythe, Place 2, and Dennis Tarpley, Place 6.

2 Page 2 Certificates of Election were presented to Mayor John Monaco and Councilmembers Bill Porter, Place 1, Al Forsythe, Place 2, and Dennis Tarpley, Place 6. CITIZENS INPUT HEARING. 3. PUBLIC HEARING RECEIVE INPUT FROM CITIZENS REGARDING THE PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET HELD. A public hearing was held to receive input from citizens regarding the proposed Community Development Block Grant (CDBG) Program Budget. Valerie Bradley, Director of Housing and Community Services, stated that each year the City receives a Community Development Block Grant (CDBG) from the Department of Housing and Urban Development for the purpose of providing funds for programs and projects that primarily benefits low to moderate income individuals and neighborhoods. A public hearing will be held today and on July 18, 2011, to receive input from citizens regarding the proposed CDBG program budget. The CDBG funds available for the program year is $833, No one appeared regarding the proposed Community Development Block Grant Program budget. Mayor Monaco declared the public hearing closed. CONSENT AGENDA. Mr. Pickett moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Porter and approved unanimously. 4. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD MAY 16, 2011, AND THE SPECIAL CITY COUNCIL MEETING HELD MAY 25, ORDINANCE NO ON SECOND AND FINAL READING, APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR AND ONCOR ELECTRIC DELIVERY COMPANY, LLC, REGARDING THE COMPANY S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION, DECLARING EXISTING RATES TO BE UNREASONABLE, REQUIRING THE COMPANY TO REIMBURSE CITIES REASONABLE RATEMAKING EXPENSES, ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY TARIFFS TO BE JUST AND REASONABLE, APPROVING ONCOR S PROOF OF REVENUES, ADOPTING A SAVINGS CLAUSE, DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACTS, DECLARING EFFECTIVE DATES AND RATIFYING THE SETTLEMENT AGREEMENT, EFFECTIVE JULY 1, 2011, AND JANUARY 1, 2012.

3 Page 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS ( CITY ), APPROVING A NEGOTIATED RESOLUTION BETWEEN THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR ( STEERING COMMITTEE ) AND ONCOR ELECTRIC DELIVERY COMPANY LLC ( ONCOR OR COMPANY ) REGARDING THE COMPANY S APPLICATION TO INCREASE ELECTRIC RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY TARIFFS TO BE JUST AND REASONABLE; APPROVING ONCOR S PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING EFFECTIVE DATES; RATIFYING THE SETTLEMENT AGREEMENT; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE S LEGAL COUNSEL. (Ordinance No recorded on page of Ordinance Book Nos. 98 and 99.) 6. BID NO TOWN EAST CORRIDOR TIF PROJECT TRAFFIC SIGNALS UPGRADE PHASE 2 CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH LOW BIDDER ROADWAY SOLUTIONS, INC., IN THE AMOUNT OF $102, BID NO ANNUAL CONTRACT TO PROVIDE MOTOR VEHICLE HYDRAULIC PARTS AND REPAIR SERVICE AWARDED TO HERCO EQUIPMENT, INC., THROUGH AN INTERLOCAL AGREEMENT WITH THE CITY OF IRVING IN THE AMOUNT OF $70, BID NO FIRE STATION NO. 4 ROOF REPLACEMENT CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH GARLAND/DBS INC., THROUGH THE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH COBB COUNTY, GEORGIA AND U.S. COMMUNITIES CONTRACT NO IN THE AMOUNT OF $91, BID NO FIRE STATION NO. 1 ROOF REPLACEMENT CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH GARLAND/DBS INC., THROUGH THE MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH COBB COUNTY, GEORGIA AND U.S. COMMUNITIES CONTRACT NO IN THE AMOUNT OF $89, CITY MANAGER AUTHORIZED TO EXECUTE AN AGREED JUDGMENT FOR SETTLEMENT OF THE CONDEMNATION CASE WITH DCJC INVESTMENTS LIMITED, LP, FOR ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS RELATED TO THE PIONEER ROAD PAVING AND DRAINAGE IMPROVEMENT PROJECT AND THE SOUTH MESQUITE CREEK SANITARY SEWER TRUNK MAIN REPLACEMENT, PHASE 2, IN THE TOTAL AMOUNT OF $80,

4 Page CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT TO THE LOCAL PROJECT ADVANCE FUNDING AGREEMENT TERMINATING THE ORIGINAL AGREEMENT EXECUTED JUNE 20, 2003, WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF THE INTERCHANGE AT IH 20 AND THE FUTURE LOOP 9. END OF CONSENT AGENDA. PUBLIC HEARINGS. 12. PUBLIC HEARING CONSIDER A REQUEST SUBMITTED BY DALLAS PLASTICS FOR A WAIVER OF THE SCREENING REQUIREMENT FOR PROPERTY LOCATED AT 900 DALWORTH DRIVE APPROVED. A public hearing was held to consider a request submitted by Dallas Plastics for a waiver of the screening requirement for property located at 900 Dalworth Drive. Bill Ward, representing Dallas Plastics, stated that the company is planning a 12,980 square-foot expansion of their current operations and is requesting a waiver of the screening requirement along the front of the property located at 900 Dalworth Drive. He stated that there are multiple physical restraints of the current building, which was designed prior to the current design standards. The proposed location of the two truck docks is at the front of the site, visible from and with direct access to Dalworth Drive. The trucks will be required to stage on Dalworth Drive and back into the facility, which is the current operation. Dennis Pierce, owner of Dallas Plastics, stated that the building expansion will provide additional warehouse storage space, which will not create an increase in traffic. No one appeared regarding the proposed waiver. Mayor Monaco declared the public hearing closed. Councilmembers expressed support of the waiver and thanked Dallas Plastics for being a good neighbor to the City of Mesquite. Mr. Pickett moved to approve a waiver of the screening requirement for property located at 900 Dalworth Drive. Motion was seconded by Mr. Tarpley and approved unanimously. 13. PUBLIC HEARING ZONING APPLICATION NO B-2011 AND ORDINANCE NO SUBMITTED BY DON CARLSON FOR SOUTHWEST KIA FOR A ZONING CHANGE FROM LIGHT COMMERCIAL WITH A CONDITIONAL USE PERMIT FOR NEW AND USED AUTO SALES TO LIGHT COMMERCIAL WITH AN AMENDED CONDITIONAL USE PERMIT FOR NEW AND USED AUTO SALES ON PROPERTY LOCATED AT 1919 OATES DRIVE APPROVED WITH CERTAIN STIPULATIONS.

5 Page 5 A public hearing was held to consider Application No B-2011 submitted by Don Carlson for Southwest Kia for a zoning change from Light Commercial with a Conditional Use Permit for New and Used Auto Sales to Light Commercial with an amended Conditional Use Permit for New and Used Auto Sales on property located at 1919 Oates Drive. This item was postponed at the May 16, 2011, City Council meeting. Bill Dickason, General Manager of Southwest Kia, stated that since relocating the dealership from Northwest Highway to Mesquite fronting IH 635 at Oates Drive, the dealership s business has doubled. He requested that the stipulation limiting the age of the used vehicles be removed and to allow the use of ramps for displaying vehicles. He stated that a vehicle s age is not a fair way to estimate the value or condition of the vehicle. Southwest Kia is mainly a new car dealer with used cars consisting of approximately 25 percent of their inventory. He expressed that their goal is not to sale just one car but to provide service for repeat customers which has become their reputation. He indicated that Kias are built in Georgia and Korea; however, paint and small tools come from Japan which has slightly hindered their production due to the tsunami. Mr. Dickason stated that parked outside is a 2006 truck which represents the condition of used vehicles he is requesting to sell at this lot. The City Council took a brief recess to view the truck. No one appeared regarding the proposed zoning change. Mayor Monaco declared the public hearing closed. Mr. Pickett moved to approve Application No B-2011, as recommended by the Planning and Zoning Commission, modifying Stipulation No. 3 and deleting Stipulation No. 4 as follows: 1. Landscaping shall be providing in compliance with the ordinance. 2. No signs, banners or balloons of any kind may be placed on the property with the following exceptions: a. One monument sign per street frontage. b. Wall signs. c. Three flag poles that must be located within 75 feet of the primary structure. d. Directional/instructional signage as needed. Such signage shall not include advertising. e. Signs must comply with the Mesquite Sign Ordinance. 3. Each car on display must be parked/displayed fully within a striped parking space or inside of a building except that cars for sale may be displayed on ramps. And to approve Ordinance No. 4157, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, SO AS TO APPROVE A CHANGE OF THE STIPULATIONS ON PROPERTY ZONED LIGHT COMMERCIAL WITH A CONDITIONAL USE PERMIT TO LIGHT COMMERCIAL WITH AN AMENDED CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 1919 OATES DRIVE BY DELETING ALL PREVIOUS STIPULATIONS IN

6 Page 6 THEIR ENTIRETY AND ADDING NEW STIPULATIONS THEREBY ALLOWING THE SALE OF NEW AND USED AUTOMOBILES; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Hutcheson and approved by all voting Aye. (Ordinance No recorded on page of Ordinance Book No. 99.) 14. PUBLIC HEARING ZONING APPLICATION NO AND ORDINANCE NO SUBMITTED BY ALICIA WARNOCK ON BEHALF OF PLATO S CLOSET FOR A ZONING CHANGE FROM COMMERCIAL TERRA OVERLAY TO COMMERCIAL TERRA OVERLAY WITH A CONDITIONAL USE PERMIT FOR USED CLOTHING SALES ON PROPERTY LOCATED AT 1515 TOWN EAST BOULEVARD, SUITE 156 APPROVED WITH CERTAIN STIPULATIONS. A public hearing was held to consider Application No submitted by Alicia Warnock on behalf of Plato s Closet for a zoning change from Commercial TERRA Overlay to Commercial TERRA Overlay with a Conditional Use Permit for used clothing sales on property located at 1515 Town East Boulevard, Suite 156. This item was postponed at the May 16, 2011, City Council meeting. Jacob and Alicia Warnock, 2629 Pine Trail Drive, Little Elm, stated that Plato s Closet is an upscale resale store specializing in gently used teen name brand clothing with 300 locations nationwide and 13 locations in the Metroplex. Plato s Closet has been in business for approximately 20 years. The applicant is interested in a fiveyear lease to locate in the recently remodeled Market East Shopping Center. The unique business model requires a trained buyer to purchase freshly laundered, gently used clothing from customers at the buying counter during regular business hours. In order to thoroughly examine the clothing, a stronger lighting system is located over the buying counter. Ninety eight percent of the store s inventory comes from the public and two percent is new merchandise such as accessories and flip flops. The store does not serve as a donation or drop-off site and there will be no sidewalk sales or displays. A field operations manager is assigned to the store during the first month of operation and then periodically inspects the store. The applicants stated that they agree with the Planning and Zoning stipulations. David Wideman, representing the owners of Market East Shopping Center, stated that Plato s Closet would be an asset to the shopping center and Target s approval has been obtained. He stated that the owners have spent millions of dollars revitalizing the shopping center and desires a good mix of tenants. No one appeared regarding the proposed zoning change. Mayor Monaco declared the public hearing closed. Councilmembers expressed concern regarding a resale store locating in the Market East Shopping Center and the TERRA district.

7 Page 7 Mr. Tarpley moved to approve Application No , as recommended by the Planning and Zoning Commission, adding Stipulation No. 7 as follows: 1. The used merchandise shall be limited to gently used clothing and accessories. It shall not include the sale of any other used merchandise. 2. Merchandise display shall be orderly and similar in style and organization to typical displays at general merchandise and department stores. 3. No display of used merchandise shall be permitted outside the establishment. 4. All display merchandise shall be clean and operational. The display of severely damaged items is prohibited. 5. No signage advertising the sale of used merchandise shall be visible from outside the establishment. 6. Handwritten labels shall not be used or permitted. 7. This CUP is granted for a period of one year from the date of the issuance of a Certificate of Occupancy and shall be subject to renewal upon review by the City Council for compliance with these stipulations. And to approve Ordinance No. 4158, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, SO AS TO APPROVE A CONDITIONAL USE PERMIT ON PROPERTY ZONED COMMERCIAL WITHIN THE TOWN EAST RETAIL AND RESTAURANT AREA (TERRA) OVERLAY DISTRICT ON PROPERTY LOCATED AT 1515 TOWN EAST BOULEVARD, SUITE 156; THEREBY ALLOWING FOR THE SALE OF USED CLOTHING SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Hutcheson. On call for a vote on the motion, the following votes were cast: Ayes: Tarpley, Hutcheson, Porter, Forsythe, Roberts Nays: Monaco, Pickett Abstention: None Motion carried. (Ordinance No recorded on page 99.) of Ordinance Book No. APPOINTMENTS TO BOARDS AND COMMISSIONS. 16. APPOINTMENT OF A MAYOR PRO TEM AND DEPUTY MAYOR PRO TEM FOR ONE-YEAR TERMS. Mr. Pickett moved to appoint Dennis Tarpley as Mayor Pro Tem and Brian Hutcheson as Deputy Mayor Pro Tem for one-year terms. Motion was seconded by Ms. Roberts and approved unanimously.

8 Page 8 Mr. Hutcheson moved to adjourn the meeting. Motion was seconded by Mr. Forsythe and approved unanimously. The meeting adjourned at 4:20 p.m. Sonja Land City Secretary John Monaco Mayor