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City Council

Regular Meeting

Mesquite, TX · November 18, 2019

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City of Mesquite, Texas Minutes - Final City Council Monday, November 18, 2019 5:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Bruce Archer and Councilmembers Tandy Boroughs, Robert Miklos, Dan Aleman, Kenny Green and B. W. Smith, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive presentation regarding results of 2019 Community Attitude and Satisfaction Survey. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:41 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 (Agenda Item No. 19); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:46 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M. INVOCATION John Schelter, Pastor, Our Savior Lutheran Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Downtown Development Advisory Board. City of Mesquite, Texas Page 1 City Council Minutes - Final November 18, 2019 SPECIAL ANNOUNCEMENTS 1. Mayor Archer announced that Christmas in the Park, hosted by the Parks and Recreation Department, will take place on Saturday, December 7, 2019, and Sunday, December 8, 2019, from 1:00 p.m. to 7:00 p.m., at Westlake Park, 600 Gross Road. Admission and parking are free and a holiday parade will be featured each evening. He invited citizens to bring their family and friends and enjoy this festive event. 2. Mr. Green stated that the Mesquite Arts Center, 1527 North Galloway Avenue, will host a variety of holiday events on Saturday, December 7, 2019. The Mesquite Community Band will present a concert, “A Christmas Celebration” at 4:00 p.m. and the Mesquite Community Theatre will present the play, “Fruitcakes,” at 8:00 p.m. 3. Mr. Miklos encouraged citizens to bring a new unwrapped toy to the Santa Cop Toy Drive on Saturday, December 7, 2019, from 1:00 p.m. to 4:00 p.m., at Agape Home Health Care, 18770 LBJ Freeway. 4. Mr. Boroughs invited citizens to attend the Annual Mesquite AMBUCS Pancake Breakfast on Saturday, December 7, 2019, from 8:00 a.m. to 10:30 a.m., at Evans Senior Center, 1116 Hillcrest Drive. Attendees can enjoy a pancake breakfast and a visit with Santa for $ 3.00 each. All proceeds benefit the Mesquite AMBUCS which provides Amtrykes for mobility challenged individuals, builds wheelchair ramps at homes of the elderly and disabled and provides scholarships to high school seniors who seek a degree in various health fields. 5. Mr. Smith stated that the City recently held a groundbreaking for the new Mesquite Veterans Memorial and is now offering the public an opportunity to purchase a brick to be placed at the memorial. The cost for each brick is $50.00. He encouraged citizens to honor military veterans in their lives by purchasing a brick. 6. Mr. Aleman invited citizens to celebrate the holidays in Downtown Mesquite by shopping on Small Business Saturday, November 30, 2019, to support locally owned businesses, attend the annual Christmas Tree Lighting event on Tuesday, December 3, 2019, at 6:00 p.m., and participate in the new Carols and Cocoa event on Saturday, December 21, 2019, at 6:00 p.m. CITIZENS FORUM 1. Terry Foster, 4601 Meadowview Drive, expressed concerns regarding vicious dogs in his neighborhood. 2. Robert Flint, 504 Kathy Drive, expressed concerns regarding vicious dogs and support for allowing residents to keep chickens on their property. 3. Susie West, 512 Kathy Drive, expressed concerns regarding the lack of recognition that veterans received at the recent Mesquite Veterans Memorial groundbreaking. CONSENT AGENDA Approval of the Consent Agenda Mr. Green moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and approved unanimously. 2 Minutes of the regular City Council meeting held November 4, 2019. Approved on the Consent Agenda. 3 An ordinance, on third and final reading, granting to Oncor Electric Delivery Company, LLC, its successors and assigns, the nonexclusive right to use and City of Mesquite, Texas Page 2 City Council Minutes - Final November 18, 2019 occupy rights-of-way within the City of Mesquite for the construction and operation of an electric transmission and distribution system, prescribing conditions governing the use of the public rights-of-way, providing for compensation therefore, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, finding that the meeting at which this ordinance is passed is open to the public, and providing for severability. Approved on the Consent Agenda. Ordinance No. 4740, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY, LLC, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE RIGHT TO USE AND OCCUPY RIGHTS-OF-WAY WITHIN THE CITY OF MESQUITE FOR THE CONSTRUCTION AND OPERATION OF AN ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM, PRESCRIBING CONDITIONS GOVERNING THE USE OF THE PUBLIC RIGHTS-OF-WAY, PROVIDING FOR COMPENSATION THEREFORE, PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC, AND PROVIDING FOR SEVERABILITY. (Ordinance No. 4740 recorded in Ordinance Book No. 119.) 4 An ordinance amending Chapter 9 of the City Code by adding a new speed limit of 50 MPH on the Northbound Service Road of Interstate Highway 635 from Gross Road to U.S. Highway 80 Eastbound Service Road. Approved on the Consent Agenda. Ordinance No. 4741, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 9, SECTION 9-150 OF THE MESQUITE CITY CODE, AS AMENDED, BY ADDING A NEW SPEED LIMIT OF 50 MPH ON THE NORTHBOUND SERVICE ROAD OF INTERSTATE HIGHWAY 635 FROM GROSS ROAD TO U.S. HIGHWAY 80 EASTBOUND SERVICE ROAD; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4741 recorded in Ordinance Book No. 119.) 5 A resolution establishing a public hearing for January 6, 2020, to consider amendments to land use assumptions, a capital improvements plan and the imposition of an impact fee for roadway facilities and authorizing the publication of notice for said hearing. Approved on the Consent Agenda. Resolution No. 78-2019, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ESTABLISHING A PUBLIC HEARING FOR JANUARY 6, 2020, TO CONSIDER AMENDMENTS TO LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN AND THE IMPOSITION OF AN IMPACT FEE FOR ROADWAY FACILITIES, AND AUTHORIZING THE PUBLICATION OF NOTICE FOR SAID HEARING. (Resolution No. 78-2019 recorded in Resolution Book No. 59.) 6 Bid No. 2020-004 - Utility Relocation for State Highway 352 from north of Kearney Street to U.S. Highway 80 Eastbound Frontage Road. (Authorize the City Manager to finalize and execute a contract with low bidder Tejas Utilities, LLC, in the amount of $130,407.20.) City of Mesquite, Texas Page 3 City Council Minutes - Final November 18, 2019 Approved on the Consent Agenda. 7 Bid No. 2020-013 - Annual Parts for International Trucks. (Staff recommends award to sole source provider Southwest International Trucks, Inc., for an amount not to exceed $130,000.00.) Approved on the Consent Agenda. 8 Bid No. 2020-014 - Annual Supply of Toro Commercial Mower Parts. (Staff recommends award to sole source provider Professional Turf Products, LP, for an amount not to exceed $65,000.00.) Approved on the Consent Agenda. 9 Bid No. 2020-015 - Skyline Trail. (Authorize the City Manager to finalize and execute a contract with low bidder RoeschCo Construction, Inc., in the amount of $626,000.00.) Approved on the Consent Agenda. 10 Bid No. 2020-024 - Annual Printing and Mailing of Utility Bills and Tax Statements. (Staff recommends award to Infosend, Inc., through an Interlocal Cooperative Purchasing Agreement with the City of San Marcos, in an amount not to exceed $251,000.00. The term of this contract is for one year, 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. 2020-025 - Mach 10 Radio Read Meters. (Staff recommends award to sole source provider Cole and Main, L .P., in amount not to exceed $189,210.00.) Approved on the Consent Agenda. 12 Authorize the City Manager to finalize and execute an Interlocal Cooperation Agreement with the City of Garland for the construction of improvements and maintenance of a segment of the Mesquite - Garland Duck Creek Trail within the City Limits of Mesquite. Approved on the Consent Agenda. 13 Authorize the City Manager to finalize and execute a Laboratory Services Agreement with National Medical Services, dba NMS Labs, in an amount not to exceed $100,000.00. Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute a supplemental agreement to RFP No. 2017-020, Annual Contract for Recyclables Processing and Marketing, with FOMENTO DE CONSTRUCCIONES Y CONTRATAS, INC, dba FCC, SA. Approved on the Consent Agenda. City of Mesquite, Texas Page 4 City Council Minutes - Final November 18, 2019 15 Authorize the City Manager to negotiate and execute a change order to Bid No . 2019-037, Annual Miscellaneous Concrete Work (Section A), with Donny P. Brown, Inc., dba B&B Concrete Sawing, Inc., in the amount of $636,050.00. Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. E2017-008, Town East Boulevard Reconstruction of Paving, Drainage, Water and Sanitary Improvements from Military Parkway to Skyline Drive, with Texas Sterling Construction Co., for proposed traffic signal video detection in the amount of $17,535.37. Approved on the Consent Agenda. 17 Authorize the City Manager to finalize and execute a Work Order Subject to the Terms and Conditions of the Master Interlocal Radio System Service Agreement for Fiscal Year 2019-20 with the City of Garland in conjunction with the P25 Radio System in the amount of $65,760.00. Approved on the Consent Agenda. 18 Receive the July 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. Approved on the Consent Agenda. PUBLIC HEARINGS 19 Conduct a public hearing and consider an ordinance for Application No . Z0919-0110, submitted by Allen Perez of Murphy’s Express, for a change of zoning from Commercial to Planned Development - Service Station to allow the construction of a new convenience store with fuel sales located at 1101 East U.S. Highway 80 and 2111 North Galloway Avenue. (No responses in favor or in 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.) A public hearing was held for Application No. Z0919-0110. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to demolish the existing structures on the property and build a new convenience store with eight fuel pumps, for a total of 16 fueling positions. Truck rentals will not be included in this proposal. Mr. Armstrong stated that redevelopment of the site is in compliance with the submitted concept plan and includes new landscaping. Applicant Allen Perez stated that the convenience store would contain approximately 2,800 square feet with packaged goods, 16 fueling positions and enhanced landscaping. Currently, there are three access points to the site; however, two access points are provided in the site plan, which conforms to the Texas Department of Transportation’s future highway improvement plans. Mr. Perez agreed to stipulations regarding the elimination of eight liners and a City of Mesquite, Texas Page 5 City Council Minutes - Final November 18, 2019 wooden privacy fence along the northwest boundary line of the property. Mr. Perez stated that the store will be open 24 hours a day and cameras will be strategically placed with camera footage kept for 90 days. The following persons expressed concerns regarding the proposed application: (1) Robert Flint, 504 Kathy Drive; (2) Merril Phillips, 510 Futrelle Street; (3) Woody Maddox, 320 Lane Street and (4) David Fitzgerald, 1837 Palo Alto Drive. All are members of the Mesquite Masonic Lodge, which is adjacent to the proposed site, and stated they prefer a masonry wall rather than a wooden fence. Mr. Perez stated that the applicant is not agreeable to a masonry wall. Mr. Fitzgerald requested that the applicant and the representatives of the Mesquite Masonic Lodge meet outside of the Council Chamber to discuss a possible resolution regarding the fence. Mr. Miklos moved to temporarily table Application No. Z0919-0110. Motion was seconded by Mr. Green and approved unanimously. 20 Conduct a public hearing and consider an ordinance for Application No . Z0919-0111, submitted by Yaneicy Rodriguez of Clinica Hispana Mesquite, for a change of zoning from Truman Heights Neighborhood District to Truman Heights Neighborhood District with a Conditional Use Permit to allow a medical clinic, located at 2002 North Galloway Avenue, Suite F. (Two responses in favor and none in 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.) A public hearing was held for Application No. Z0919-0111. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant plans to open a 1,400-square-foot medical clinic in an existing strip center located in the Truman Heights Neighborhood District. Miguel Salinas, representing the applicant, stated that he is the owner of the medical group that will be operating the proposed clinic, which has locations in Fort Worth, Cleburne and Houston. The Mesquite clinic will be a walk-in clinic for family minor acute care and will be open seven days a week. Mr. Salinas stated that insurance will not be accepted, only cash or credit cards. Alejandra Giron, 1309 Devonshire Lane, spoke in favor of the proposed application. Millie Arnold, 2206 Luau Street, asked what certifications the employees who work in the clinic will hold. Mr. Salinas stated that there will be doctors, nurse practitioners, nurses and medical assistants. They will also provide telemedicine services. J. R. Riley, 1739 Roundrock Trail, spoke in opposition of the proposed application. Mr. Aleman moved to approve Application No. 0919-0111, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4742, AN City of Mesquite, Texas Page 6 City Council Minutes - Final November 18, 2019 ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM TRUMAN HEIGHTS NEIGHBORHOOD DISTRICT TO TRUMAN HEIGHTS NEIGHBORHOOD DISTRICT WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 2002 NORTH GALLOWAY AVENUE TO ALLOW A MEDICAL CLINIC; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Miklos. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Miklos, Archer, Boroughs, Green Nayes: Smith Motion carried. (Ordinance No. 4742 recorded in Ordinance Book No. 119.) CONTINUATION OF ITEM 19 Conduct a public hearing and consider an ordinance for Application No . Z0919-0110, submitted by Allen Perez of Murphy’s Express, for a change of zoning from Commercial to Planned Development - Service Station to allow the construction of a new convenience store with fuel sales located at 1101 East U.S. Highway 80 and 2111 North Galloway Avenue. (No responses in favor or in 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.) Mr. Miklos moved to remove Application No. 0919-0110 from the table. Motion was seconded by Mr. Green and approved unanimously. Mr. Fitzgerald stated that the Mesquite Masonic Lodge and the applicant came to an agreement regarding the fence along the northwest property line, as outlined in Stipulation No. 2 below. Mr. Miklos moved to approve Application No. 0919-0110, as recommended by the Planning and Zoning Commission, with the following stipulations, adding Stipulation Nos. 1 and 2, as follows: 1. The following devices are prohibited from the property which is within 300 feet of a church: any electronic, electromechanical or mechanical contrivance designed, made and adapted for amusement purposes that rewards the player with anything of value, including but not limited to noncash merchandise prizes, toys or novelties, or a representation of value redeemable for those items, regardless of value. 2. A six-foot, board-on-board, stained cedar privacy fence with a top rail which shall be constructed and maintained in good working condition, including the replacement of any missing boards and/or damaged portions immediately, with re-staining occurring at least every three years and as needed. The fence shall be constructed along the entirety of the northwestern border of the property, excepting visibility triangle areas. 3. No certificate of occupancy shall be issued for the property until after the chain link fence situated between the property and the Mesquite Masonic Lodge property is removed. City of Mesquite, Texas Page 7 City Council Minutes - Final November 18, 2019 And to approve Ordinance No. 4743, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL TO PLANNED DEVELOPMENT – SERVICE STATION ON PROPERTY LOCATED AT 1101 EAST U.S. HIGHWAY 80 AND 2111 NORTH GALLOWAY AVENUE TO ALLOW THE CONSTRUCTION OF A NEW CONVENIENCE STORE WITH FUEL SALES SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Aleman and approved unanimously. (Ordinance No. 4743 recorded in Ordinance Book No. 119.) 21 Conduct a public hearing and consider an ordinance for Application No . Z0919-0115, submitted by Moe Shaikh of Rana Enterprises, for a change of zoning from Commercial and Military Parkway-Scyene Corridor Overlay to Planned Development - Commercial and Military Parkway-Scyene Corridor Overlay to allow additional uses, located at 1228 West Scyene Road. (One response in favor and none in 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 subject to certain stipulations.) A public hearing was held for Application No. Z0919-0115. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is requesting to rezone two lots consisting of 3.9 acres to allow additional uses within the two buildings located on the property. The Military Parkway-Scyene Corridor Overlay (MP-SC) District was adopted to preserve certain types of development between the Mesquite Rodeo area and the Downtown area. The applicant has agreed to make improvements to the property, which includes installing dumpster enclosures, installing a multi-tenant monument sign and adding landscaping. Mr. Armstrong reviewed the proposed stipulations. Applicant Moe Shaikh stated that he has owned the property since 1995 and has over 16,000 available square feet of lease space. He has been unable to find tenants meeting the requirements of the MP-SC District and is requesting additional uses in order to lease the property. Mr. Boroughs moved to approve Application No. 0919-0115, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. All uses permitted in the Commercial District are allowed on the property except as modified in Subsection “a” of this paragraph. The uses permitted in the Planned Development (“PD”) are subject to the same requirements applicable to the uses in the Commercial District, as set out in the Mesquite Zoning Ordinance. For example, a use permitted in the Commercial District only by conditional use permit (“CUP”) is permitted in this district only by CUP. a. The following uses are prohibited on the property: 75 Automotive Repair, Services 2. All parking spaces shall be striped before the issuance of any new certificate of occupancy. 3. Dumpsters shall be screened and enclosed per the requirements in the City of Mesquite, Texas Page 8 City Council Minutes - Final November 18, 2019 Mesquite Engineering Design Manual. 4. Five trees shall be installed along the south right-of-way line, and three trees shall be installed along the north right-of-way line. The trees can be placed within the property or within the right-of-way. The trees shall consist of shade or evergreen trees. Three ornamental trees may be used for each shade or evergreen tree. Tree species, size and spacing shall be installed in compliance with Section 1A-500-1 Tree Schedule of the Mesquite Zoning Ordinance. 5. New signage shall be uniform in design and color. Prior to issuance of a sign permit, the property owner shall provide a uniform wall sign design that complies with Mesquite Sign Ordinance, as amended. 6. A multi-tenant monument sign that complies with the requirements in the Mesquite Sign Ordinance, as amended, is allowed as shown on the site plan, attached as Exhibit “A” to the ordinance. 7. Freestanding signs permitted by this ordinance may advertise any business located within the PD with a valid certificate of occupancy, regardless of individual lot lines, without being considered off-premise (billboard) signage. 8. If a nonconforming structure or the nonconforming premise is terminated under the provisions of Section 1-300 of the Mesquite Zoning Ordinance, then said structure or premise shall comply with the use and development standards of Section 4-900 of the Mesquite Zoning Ordinance, MP-SC Overlay District, as amended. 9. All conditions of this PD ordinance and compliance with the site plan is required prior to the issuance of any new certificate of occupancy for any use that would be permitted in this PD ordinance except that signage, landscaping and dumpster screening shall be completed by no later than nine months from the date of approval of this PD ordinance. And to approve Ordinance No. 4744, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL WITHIN THE MILITARY PARKWAY – SCYENE CORRIDOR (MP-SC) OVERLAY DISTRICT TO PLANNED DEVELOPMENT – COMMERCIAL WITHIN THE MP-SC OVERLAY DISTRICT ON PROPERTY LOCATED AT 1228 WEST SCYENE ROAD TO ALLOW ADDITIONAL USES SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 4744 recorded in Ordinance Book No. 119.) 22 Conduct a public hearing for the purpose of considering annexation of 807 acres in the City’s extraterritorial jurisdiction and generally located at the western corner of FM 2757 and Kelly Road, in the Andrew Nail Survey, Abstract No. 355, Kaufman County, Texas, in connection with a voluntary petition submitted by BDMR Development, LLC. Mr. Miklos left the meeting. A public hearing was held for considering annexation of 807 acres in the City’s extraterritorial jurisdiction and generally located at the western corner of FM 2757 and Kelly Road, in the Andrew Nail Survey, Abstract No. 355, Kaufman County, Texas. Jeff Armstrong, Director of Planning and Development Services, stated that this is a voluntary annexation of 807 acres of land located south of Interstate Highway 20 along FM 2757 in the area to be known as Polo Ridge. The property is City of Mesquite, Texas Page 9 City Council Minutes - Final November 18, 2019 proposed to be developed with single-family residences. A second public hearing will be held on December 2, 2019, and a third public hearing with the consideration of the annexation ordinance on December 16, 2019. No one appeared regarding the proposed annexation. APPOINTMENTS TO BOARDS AND COMMISSIONS 23 Consider appointment of principal and alternate members to the Regional Transportation Council for current terms that expire June 30, 2020. Mr. Miklos entered the meeting. Mr. Green moved to appoint Robert Miklos as the prinicipal member of the Regional Transportation Council and Mayor Bruce Archer as the alternate member for terms to expire June 30, 2020. Motion was seconded by Mr. Aleman and approved unanimously. ADJOURNMENT Mr. Smith moved to adjourn the meeting. Motion was seconded by Mr. Boroughs and approved unanimously. The meeting adjourned at 8:42 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, November 18, 2019 5:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 19-4491 Receive presentation regarding results of 2019 Community Attitude and Satisfaction Survey. Attachments: PowerPoint Presentation Findings Report Geocoded Maps EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:00 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 John Schelter, Pastor, Our Savior Lutheran Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Downtown Development Advisory Board. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. City of Mesquite, Texas Page 1 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 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. 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. Any individual desiring to address the City Council regarding an item on the Consent Agenda shall do so on a first-come, first-served basis. Comments are limited to three minutes, except a speaker addressing the Council through a translator will be allowed six minutes.) 2 19-4507 Minutes of the regular City Council meeting held November 4, 2019. Attachments: 11.04.2019m 3 19-4502 An ordinance, on third and final reading, granting to Oncor Electric Delivery Company, LLC, its successors and assigns, the nonexclusive right to use and occupy rights-of-way within the City of Mesquite for the construction and operation of an electric transmission and distribution system, prescribing conditions governing the use of the public rights-of-way, providing for compensation therefore, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, finding that the meeting at which this ordinance is passed is open to the public, and providing for severability. Attachments: Ordinance - Oncor Current Franchise Ordinance 4 19-4464 An ordinance amending Chapter 9 of the City Code by adding a new speed limit of 50 MPH on the Northbound Service Road of Interstate Highway 635 from Gross Road to U.S. Highway 80 Eastbound Service Road. Attachments: Ordinance - Speed Limit TxDOT Letter Location Map 5 19-4495 A resolution establishing a public hearing for January 6, 2020, to consider amendments to land use assumptions, a capital improvements plan and the imposition of an impact fee for roadway facilities and authorizing the publication of notice for said hearing. Attachments: Resolution - PH Impact Fees 6 19-4499 Bid No. 2020-004 - Utility Relocation for State Highway 352 from north of City of Mesquite, Texas Page 2 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 Kearney Street to U.S. Highway 80 Eastbound Frontage Road. (Authorize the City Manager to finalize and execute a contract with low bidder Tejas Utilities, LLC, in the amount of $130,407.20.) Attachments: Recommendation Letter Bid Tabulation Location Map - SH352 7 19-4498 Bid No. 2020-013 - Annual Parts for International Trucks. (Staff recommends award to sole source provider Southwest International Trucks, Inc., for an amount not to exceed $130,000.00.) Attachments: Sole Source Letter 8 19-4497 Bid No. 2020-014 - Annual Supply of Toro Commercial Mower Parts. (Staff recommends award to sole source provider Professional Turf Products, LP, for an amount not to exceed $65,000.00.) Attachments: Sole Source - Toro 9 19-4500 Bid No. 2020-015 - Skyline Trail. (Authorize the City Manager to finalize and execute a contract with low bidder RoeschCo Construction, Inc., in the amount of $626,000.00.) Attachments: Bid Tabulation - Engineering Recommendation Letter Location Map 10 19-4496 Bid No. 2020-024 - Annual Printing and Mailing of Utility Bills and Tax Statements. (Staff recommends award to Infosend, Inc., through an Interlocal Cooperative Purchasing Agreement with the City of San Marcos, in an amount not to exceed $251,000.00. The term of this contract is for one year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) 11 19-4482 Bid No. 2020-025 - Mach 10 Radio Read Meters. (Staff recommends award to sole source provider Cole and Main, L.P., in amount not to exceed $189,210.00.) Attachments: Quote Sole Source Letter 12 19-4474 Authorize the City Manager to finalize and execute an Interlocal Cooperation Agreement with the City of Garland for the construction of improvements and maintenance of a segment of the Mesquite - Garland Duck Creek Trail within the City Limits of Mesquite. Attachments: Interlocal Agreement - Duck Creek City of Mesquite, Texas Page 3 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 13 19-4486 Authorize the City Manager to finalize and execute a Laboratory Services Agreement with National Medical Services, dba NMS Labs, in an amount not to exceed $100,000.00. Attachments: Sole Source Letter 14 19-4487 Authorize the City Manager to finalize and execute a supplemental agreement to RFP No. 2017-020, Annual Contract for Recyclables Processing and Marketing, with FOMENTO DE CONSTRUCCIONES Y CONTRATAS, INC, dba FCC, SA. Attachments: Supplemental Agreement New York Times Article 15 19-4490 Authorize the City Manager to negotiate and execute a change order to Bid No. 2019-037, Annual Miscellaneous Concrete Work (Section A), with Donny P. Brown, Inc., dba B&B Concrete Sawing, Inc., in the amount of $636,050.00. Attachments: Item Tabulation 16 19-4352 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. E2017-008, Town East Boulevard Reconstruction of Paving, Drainage, Water and Sanitary Improvements from Military Parkway to Skyline Drive, with Texas Sterling Construction Co., for proposed traffic signal video detection in the amount of $17,535.37. Attachments: Texas Sterling quote 17 19-4467 Authorize the City Manager to finalize and execute a Work Order Subject to the Terms and Conditions of the Master Interlocal Radio System Service Agreement for Fiscal Year 2019-20 with the City of Garland in conjunction with the P25 Radio System in the amount of $65,760.00. Attachments: Garland Work Order Garland Invoice 18 19-4488 Receive the July 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. Attachments: July 2019 CIAC Report 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.) 19 19-4492 Conduct a public hearing and consider an ordinance for Application No. Z0919-0110, submitted by Allen Perez of Murphy’s Express, for a change of zoning from Commercial to Planned Development - Service Station to City of Mesquite, Texas Page 4 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 allow the construction of a new convenience store with fuel sales located at 1101 East U.S. Highway 80 and 2111 North Galloway Avenue. (No responses in favor or in 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.) Attachments: Staff Report & Maps P&Z Minutes Ordinance - Z0919-0110 20 19-4493 Conduct a public hearing and consider an ordinance for Application No. Z0919-0111, submitted by Yaneicy Rodriguez of Clinica Hispana Mesquite, for a change of zoning from Truman Heights Neighborhood District to Truman Heights Neighborhood District with a Conditional Use Permit to allow a medical clinic, located at 2002 North Galloway Avenue, Suite F. (Two responses in favor and none in 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.) Attachments: Staff Report & Maps P&Z Minutes Ordinance - Z0919-0111 21 19-4494 Conduct a public hearing and consider an ordinance for Application No. Z0919-0115, submitted by Moe Shaikh of Rana Enterprises, for a change of zoning from Commercial and Military Parkway-Scyene Corridor Overlay to Planned Development - Commercial and Military Parkway-Scyene Corridor Overlay to allow additional uses, located at 1228 West Scyene Road. (One response in favor and none in 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 subject to certain stipulations.) Attachments: Staff Report & Maps P&Z Minutes Ordinance - Z0919-0115 22 19-4489 Conduct a public hearing for the purpose of considering annexation of 807 acres in the City’s extraterritorial jurisdiction and generally located at the western corner of FM 2757 and Kelly Road, in the Andrew Nail Survey, Abstract No. 355, Kaufman County, Texas, in connection with a voluntary petition submitted by BDMR Development, LLC. Attachments: Annexation Map Polo Ridge City of Mesquite, Texas Page 5 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 At this time, any individual wishing to discuss any matter on the agenda, with the exception of public hearings, 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. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. APPOINTMENTS TO BOARDS AND COMMISSIONS 23 19-4513 Consider appointment of principal and alternate members to the Regional Transportation Council for current terms that expire June 30, 2020. Attachments: RTC Bylaws - August 2018 ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 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; on appeal to the U.S. Court of Appeals for the Fifth Circuit, Case No. 19-10280 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. 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 5. Lyndo Jones v. City of Mesquite, Texas, and Derrick Wiley – Filed 1-18-18 6. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem – Filed 3-1-18 7. Haley Gregory v. City of Mesquite, EEOC #450-2018-06081 – Filed 7-25-18 8. City of Mesquite v. Govind Group Corp. – Filed 8-31-18 9. 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 10. City of Mesquite v. NPRodeo Holdings, LLC – Filed 10-31-18 11. 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 12. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment – Filed 11-8-18; on appeal to the Court of Appeals for the Fifth District at Dallas, Case No. 05-19-00667-CV 13. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite – Filed 1-7-19 14. City of Mesquite, Texas v. Extra Property Holdings, LLC, and Compass Bank – Filed 4-30-19 15. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19 16. 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 – Filed 5-24-19 17. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of Mesquite – Filed 5-31-19 18. City of Mesquite v. Gary R. Timbes; Elizabeth S. Timbes, Cause No. CC-19-06231-A – Filed 10-11-19 City of Mesquite, Texas Page 7 Monday, November 18, 2019 City Council Meeting Agenda November 18, 2019 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. 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, November 18, 2019

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