MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD BEGINNING AT NOON, FEBRUARY 7, 2011, CITY COUNCIL CHAMBER, CITY HALL, 711 N. GALLOWAY.

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1 MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD BEGINNING AT NOON, FEBRUARY 7, 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 NOON. The City Council met in the City Council Conference Room beginning at Noon to discuss the items on the Regular Agenda and receive briefing regarding: (1) Regional tree planting initiative, (2) Parks and Recreation Facility Use Agreement and (3) Time Warner Cable franchise fee review and audit. (1) It was Council consensus for the City of Mesquite to participate in the regional tree planting initiative. (3) Council directed staff to place information on the City s website to inform consumers where to direct complaints regarding cable television service, since the City has no regulatory authority. It was Council consensus to approve the State franchise provision that Time Warner Cable shall pay the City one-percent of its gross revenues as in-kind contributions rather than retain the current municipal franchise in-kind contribution rate of $0.50 cents per cable and video service subscriber line. Staff estimates the average cost increase to a Time Warner residential subscriber would be approximately $3.50 per year. EXECUTIVE SESSION CITY COUNCIL CONFERENCE ROOM 1:00 P.M. The City Council met in executive Session pursuant to Section of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Business Incentives for a Prospect on Towne Crossing Boulevard); whereupon the City Council proceeded to meet in the City Council Conference Room. After the closed meeting ended at 1:12 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBER 3:00 P.M. Invocation was given by Teresa Jackson, Executive Director, Sharing Life Community Outreach, Mesquite, Texas. The Pledge of Allegiance was led by recreation participants from Rutherford Senior Citizens Center and Evans Senior Citizens Center.

2 Page 2 SPECIAL ANNOUNCEMENT. Ms. Roberts announced that February is National Heart Month. She stated that prior to today s City Council meeting, Mayor Monaco presented a proclamation to the Mesquite Chapter of the American Heart Association declaring Friday, February 11, 2011, as Wear Red for Women Day. Ms. Roberts encouraged citizens to wear red every Friday in February to show their support for women and their fight against heart disease. PRESENTATION OF PLAQUE. 1. PRESENTATION OF THE OFFICIAL CERTIFICATION PLAQUE TO THE CITY COUNCIL DESIGNATING THE LAWRENCE HOMESTEAD OUTDOOR CLASSROOM AS A NATURE EXPLORE CLASSROOM BY THE NATIONAL ARBOR DAY FOUNDATION AND THE DIMENSIONS EDUCATIONAL RESEARCH FOUNDATION. Charlene Orr, Historic Preservation Officer, and Jessa Thomas, Keep Mesquite Beautiful, Inc., Executive Director, presented the official certification plaque to the City Council designating the Lawrence Homestead Outdoor Classroom as a Nature Explore Classroom by the National Arbor Day Foundation and the Dimensions Educational Research Foundation. Mayor Monaco stated that this is the first Certified Classroom in Mesquite, the first Keep Texas Beautiful affiliate to be certified in the State of Texas and the first classroom constructed at a historical park in the United States. Ms. Orr stated that the purpose of the Outdoor Classroom is to promote education, historical importance and environmentalism. Staff is currently working on the third phase which will include an amphitheater. CONSENT AGENDA. Mr. Pickett moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Forsythe and approved unanimously. 2. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD JANUARY 18, RESOLUTION NO CALLING THE ANNUAL CITY ELECTION TO BE HELD ON MAY 14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, CALLING THE ANNUAL CITY ELECTION. (Resolution No recorded on page of Resolution Book No. 44.) 4. RESOLUTION NO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE MESQUITE METRO AIRPORT.

3 Page 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 01 TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE MESQUITE METRO AIRPORT. (Resolution No recorded on page of Resolution Book No. 44.) 5. BID NO ANNUAL SUPPLY OF OFFICE SUPPLIES AWARDED TO STAPLES THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE NATIONAL JOINT POWERS ALLIANCE CONTRACT NO IN THE AMOUNT OF $106, BID NO ANNUAL CONTRACT FOR TEMPORARY PERSONNEL SERVICES FOR SOLID WASTE AWARDED TO LABOR READY. 7. BID NO ANNUAL SUPPLY OF FORD OEM PARTS AWARDED TO PARK CITIES FORD AT DEALER COST PLUS THREE PERCENT MARKUP. 8. BID NO PURCHASE OF PEDESTAL POLES AND TRAFFIC SIGNAL POLES WITH MAST ARM ASSEMBLIES CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH LOW BIDDER TRINITY TRAFFIC & LIGHTING STRUCTURES, LLC, IN THE AMOUNT OF $94, BID NO PURCHASE OF TWO (2) STANDARD 20-PASSENGER CUT-AWAY CHASSIS-TYPE BUSES AWARDED TO NATIONAL BUS SALES, IN JUSTIN, TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS COOPERATIVE PURCHASING PROGRAM, IN THE AMOUNT OF $139, BID NO RENOVATION OF HISTORIC RANGE HOUSE CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH KELLOGG, BROWN AND ROOT SERVICES, THROUGH THE COOPERATIVE PURCHASING NETWORK, CONTRACT NO. B4958, IN THE AMOUNT OF $122, CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH C&P ENGINEERING, LTD., FOR SURVEY AND DESIGN OF THE HILLVIEW DRIVE IMPROVEMENTS AND 12-INCH WATER MAIN ALONG US HIGHWAY 80 IN THE AMOUNT OF $94, CITY MANAGER AUTHORIZED TO EXECUTE A CHANGE ORDER TO RFQ NO , CONSTRUCTION MANAGER-AT-RISK SERVICES FOR THE CITY HALL/MUNICIPAL COURT PROJECT, WITH LEE LEWIS CONSTRUCTION, INC., IN THE AMOUNT OF $623, CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE ENGINEERING DESIGN SERVICES CONTRACT WITH BINKLEY & BARFIELD, INC., IN THE AMOUNT OF $1, IN CONJUNCTION WITH THE 2010 ALLEY RECONSTRUCTION PROJECT.

4 Page RECEIVED REPORT REGARDING CONDITIONAL USE PERMIT NO FOR THE SALE OF USED MERCHANDISE AT ENTERTAINMART LOCATED AT 2116 TOWN EAST MALL. END OF CONSENT AGENDA. CONSIDERATION OF RESOLUTION. 15. RESOLUTION NO SUPPORTING THE APPLICATION OF THE SIERRA ON PIONEER ROAD INCLUDING RECEIVING FUNDING UNDER THE 2011 HOUSING TAX CREDIT AND HOME INVESTMENT PARTNERSHIP PROGRAMS, AND APPOINTING THE SIERRA ON PIONEER ROAD, LLC, TO ACT ON THE CITY S BEHALF IN APPLYING FOR TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS HOME FUNDS FOR THE SIERRA ON PIONEER ROAD APPROVED. Mr. Pickett stated that the proposed resolution is a procedural event and that neighborhood meetings have been held with no opposition from the community. Mr. Pickett moved to approve Resolution No A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING THE APPLICATION OF THE SIERRA ON PIONEER ROAD, INCLUDING RECEIVING FUNDING UNDER THE 2011 HOUSING TAX CREDIT AND HOME INVESTMENT PARTNERSHIP PROGRAMS, AND APPOINTING THE SIERRA ON PIONEER ROAD, LLC, TO ACT ON THE CITY S BEHALF IN APPLYING FOR TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) HOME FUNDS FOR THE SIERRA ON PIONEER ROAD. Motion was seconded by Mr. Porter. On call for a vote on the motion, the following votes were cast: Ayes: Nays: Pickett, Porter, Monaco, Forsythe, Roberts Hutcheson, Tarpley Motion carried. (Resolution No recorded on page No. 44.) of Resolution Book PUBLIC HEARING. 16. PUBLIC HEARING ZONING APPLICATION NO A-2011, PREVIOUSLY ADVERTISED AS APPLICATION NO A-2011, AND ORDINANCE NO FOR A ZONING CHANGE FROM LIGHT COMMERCIAL WITH A CONDITIONAL USE PERMIT TO LIGHT COMMERCIAL WITH A REVISED CONDITIONAL USE PERMIT TO ALLOW FOR THE SALE OF NEW AND USED AUTOMOBILES ON A 7.95-ACRE LOT LOCATED AT 1919 OATES DRIVE APPROVED WITH CERTAIN STIPULATIONS.

5 Page 5 A public hearing was held to consider Application No A-2011, previously advertised as Application No A-2011, for a zoning change from Light Commercial with a Conditional Use Permit to Light Commercial with a revised Conditional Use Permit to allow for the sale of new and used automobiles on a 7.95-acre lot located at 1919 Oates Drive. Jeff Armstrong, Manager of Planning and Zoning, stated that the previous Conditional Use Permit (CUP) allowed for the sale of used cars with stipulations and was approved exclusively for Randall Reed s Planet Pre-owned which may not be transferred or assigned. The current application is for a Kia car dealership selling primarily new cars along with used cars which are four years old or newer. Therefore, a new CUP is being requested. No one appeared regarding the proposed zoning change. Mayor Monaco declared the public hearing closed. Mr. Porter moved to approve Application No A-2011, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. Landscaping shall be provided in compliance with Exhibit A of 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 Mesquite Sign Ordinance. 3. Each car on display must be parked/displayed fully within a striped parking space or inside of a building. 4. All cars onsite for sale shall be no older than four years old and shall be maintained in good condition. And to approve Ordinance No. 4128, 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 BY DELETING ALL PREVIOUS STIPULATIONS AND ADDING NEW STIPULATIONS TO ALLOW FOR 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. 94.)

6 Page 6 Mr. Hutcheson moved to adjourn the meeting. Motion was seconded by Mr. Forsythe and approved unanimously. The meeting adjourned at 3:14 p.m. Sonja Land City Secretary John Monaco Mayor