(1) Council requested that every effort be made to have handicapped accessible parking as close to the main City Hall entrance as possible.

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1 CITY OF MESQUITE, TEXAS, MINUTES OF THE WORK AND REGULAR CITY COUNCIL MEETING HELD BEGINNING AT NOON, JULY 5, 2011, CITY COUNCIL CHAMBER, CITY HALL, 711 N. GALLOWAY. Present: Mayor John Monaco and Councilmembers Dennis Tarpley, Brian Hutcheson, Bill Porter, Al Forsythe, Stan Pickett and Shirley Roberts and 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 Work and Regular Agenda and discuss (1) Temporary parking and access plan for new City Hall, (2) Proposed budgets for the Community Development, Library and Information Technology Department and (3) Update regarding implementation of Rapid Transit Vehicle Service. (1) Council requested that every effort be made to have handicapped accessible parking as close to the main City Hall entrance as possible. WORK SESSION CITY COUNCIL CHAMBER 1:05 P.M. A. MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR FISCAL YEAR REVIEWED. Councilmember Roberts presented the Mesquite Quality of Life Corporation s proposed budget for fiscal year City Manager Ted Barron stated that the $3.4 million Gus Thomasson Sustainability Project is included in this budget. The City will receive reimbursement during the budget year and possibly over the next few years. The updated amount includes the entry way/parkway signage. Jerry Dittman, Assistant City Manager, stated that the $100,000 designated for the Hanby Park and Ride was initially a placeholder for modifications for passenger accessibility to the rapid transit vehicles. After meeting with Dallas Area Rapid Transit staff, it was confirmed that infrastructure improvements must be performed including a shelter to protect riders from the elements, benches, barrier-free ramp and sidewalk. A resolution approving the Mesquite Quality of Life Corporation s budget for fiscal year appears as Item No. 5 on the Consent Agenda. The work session ended at 1:10 p.m. REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBER 3:00 P.M. Invocation was given by Rocky Pope, Senior Pastor, Mimosa Lane Baptist Church, Mesquite, Texas. The Pledge of Allegiance was led by Diondre Betts, Jessica Villareal, Chelsea Rosales and Sheccid Rosales, participants in the Summer Reading Club, and Matthew

2 Page 2 Varkey, Taylor Powell and Brandee McKinney, volunteers with the Summer Reading Club at the Mesquite Public Library. CITIZENS FORUM. (1) David Fincher, 4609 Silverthorn Drive, expressed his views and concerns regarding rapid transit service in Mesquite. (2) LeFaye (Mires) Warford, 1326 Powell Road, spoke regarding code requirements for fencing material and suggested a change be made to allow additional types of fencing materials. (3) Andrew Carstarphen, 1409 Wesley, expressed support for rapid transit service in Mesquite. (4) Louis Bridges, 2202 Schirra Way, expressed opposition to rapid transit service in Mesquite. (5) Joann Shields, 3212 Cantura Drive, expressed her views and concerns regarding rapid transit service, grant funding for the project and opposition to beer and wine sales in Mesquite. (6) Ann Purkey, 4001 Oleander Trail, expressed opposition to rapid transit and bus service in Mesquite. CITIZENS INPUT HEARING. 1. PUBLIC HEARING RECEIVE INPUT FROM CITIZENS REGARDING THE PROPOSED CITY BUDGET HELD. A public hearing was held to receive input from citizens regarding the proposed City Budget. No one appeared regarding the proposed City Budget. Mayor Monaco declared the public hearing closed. CONSENT AGENDA. Item No. 5 was removed from the Consent Agenda to be considered separately. Mr. Pickett moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Porter and approved unanimously. 2. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD JUNE 20, RESOLUTION NO WAIVING THE CITY S QUALIFIED ENERGY CONSERVATION BOND ALLOCATION AND APPLYING SAID BOND ALLOCATION TO THE STATE OF TEXAS.

3 Page 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, WAIVING THE CITY S QUALIFIED ENERGY CONSERVATION BOND ALLOCATION AND APPLYING SAID BOND ALLOCATION TO THE STATE OF TEXAS. (Resolution No recorded on page of Resolution Book No. 44.) 4. RESOLUTION NO AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT BETWEEN THE COUNTY OF DALLAS AND THE CITIES OF BALCH SPRINGS, CARROLLTON, CEDAR HILL, DALLAS, DESOTO, DUNCANVILLE, GARLAND, GRAND PRAIRIE, IRVING, LANCASTER, MESQUITE AND RICHARDSON ALLOCATING THE AMOUNT OF $31, TO THE CITY OF MESQUITE AND DESIGNATING THE POLICE CHIEF AS THE RESPONSIBLE OFFICER FOR THE PURPOSE OF SIGNING ALL DOCUMENTS ASSOCIATED WITH THE GRANT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT BETWEEN THE COUNTY OF DALLAS AND THE CITIES OF BALCH SPRINGS, CARROLLTON, CEDAR HILL, DALLAS, DESOTO, DUNCANVILLE, GARLAND, GRAND PRAIRIE, IRVING, LANCASTER, MESQUITE AND RICHARDSON ALLOCATING THE AMOUNT OF $31, TO THE CITY OF MESQUITE; AND DESIGNATING THE POLICE CHIEF AS THE RESPONSIBLE OFFICER FOR THE PURPOSE OF SIGNING ALL DOCUMENTS ASSOCIATED WITH THE GRANT. (Resolution No recorded on page of Resolution Book No. 44.) CONSENT AGENDA ITEMS CONSIDERED SEPARATELY. 5. RESOLUTION NO APPROVING THE MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR FISCAL YEAR Mr. Tarpley expressed opposition to the $100,000 designated for the Hanby Park and Ride infrastructure improvements project. He moved to approve Resolution No , with a modification removing the $100,000 from the Hanby Park and Ride project and reallocating these funds for street repairs, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR THE FISCAL YEAR AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Motion died for lack of a second. Ms. Roberts moved to approve Resolution No , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR THE FISCAL YEAR AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Motion was seconded by Mr. Forsythe. On call for a vote on the motion, the following votes were cast: Ayes: Nays: Roberts, Forsythe, Monaco, Porter, Pickett, Hutcheson Tarpley

4 Page 4 Motion carried. (Resolution No recorded on page No. 44.) of Resolution Book END OF CONSENT AGENDA. PUBLIC HEARING. 6. PUBLIC HEARING ZONING ZONING TEXT AMENDMENT NO AND ORDINANCE NO AMENDING SECTIONS AND OF THE MESQUITE ZONING ORDINANCE THEREBY ADDING DEFINITIONS FOR BEVERAGE BARN AND PRE-PACKAGED BEVERAGES AND PROHIBITING BEVERAGE BARNS IN ALL ZONING DISTRICTS APPROVED. A public hearing was held to consider Zoning Text Amendment No amending Sections and of the Mesquite Zoning Ordinance thereby adding definitions for beverage barn and pre-packaged beverages and prohibiting beverage barns in all zoning districts. Richard Gertson, Director of Community Development, stated that the proposed amendment establishes a definition of a beverage barn and pre-packaged beverages and would prohibit beverage barns in all zoning districts. He stated that in urban areas the beverage barn concept is often accomplished by the inexpensive conversion of vacant, old or underperforming gasoline stations, car washes, mini-storage buildings and similarly designed structures, and the commercially-zoned corridors in the City are populated with structures that would be conducive to conversions. Conversions would not conform to the land use policies and goals of Project Renewal, which call for the complete redevelopment of the older and underperforming properties in order to maximize the economic potential of commercial frontage, improve the aesthetics of the community s gateways and attract development of the highest quality. He explained that the beverage barn is an auto-centric concept with a structure and site design that caters to vehicles as the exclusive means for delivering goods to the customer. For that reason the Mesquite Zoning Ordinance already prohibits drive-through and drive-up establishments in several zoning districts where the long-term objective is to ensure that all new development is pedestrian-oriented and creates walkable urbanism. Finally, he stated it is important to note that enacting a prohibition on beverage barns does not prevent the sale and distribution of pre-packaged beverages but instead requires businesses to conduct those transactions in a manner that is more closely aligned with the purposes of Project Renewal, namely improving the image of the community, ensuring development of the highest quality and protecting the value of adjacent development. No one appeared regarding the proposed zoning change. Mayor Monaco declared the public hearing closed. Mr. Tarpley moved to approve Zoning Text Amendment No , as recommended by the Planning and Zoning Commission, and to approved Ordinance No. 4161, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, BY PROVIDING CERTAIN ADDITIONS AND DELETIONS UNDER

5 Page 5 SECTIONS AND THEREBY ADDING DEFINITIONS FOR BEVERAGE BARN AND PRE-PACKAGED BEVERAGES; AND PROHIBITING BEVERAGE BARNS IN ALL ZONING DISTRICTS; PROVIDING A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Pickett and approved by all voting Aye. (Ordinance No recorded on page of Ordinance Book No. 99.) RECEIPT OF RESIGNATION. 7. RESIGNATION RECEIVED FROM SANDRA LACLAVE AS A MEMBER OF THE HISTORIC MESQUITE, INC. BOARD OF DIRECTORS. Ms. Roberts moved to accept the resignation of Sandra LaClave as a member of the Historic Mesquite, Inc. Board of Directors. Motion was seconded by Mr. Tarpley and approved unanimously. Mr. Hutcheson moved to adjourn the meeting. Motion was seconded by Mr. Porter and approved unanimously. The meeting adjourned at 3:36 p.m. Sonja Land City Secretary John Monaco Mayor