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City Council

Regular Meeting

Mesquite, TX · March 16, 2020

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, March 16, 2020 5:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Bruce Archer and Councilmembers Tandy Boroughs, Robert Miklos, Dan Aleman, Sherry Wisdom and B. W. Smith, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Kenny Green. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the 2019 Coronavirus Disease (COVID-19) Declaration of Local Disaster for Public Health Emergency and Order issued by Dallas County and implementation of mitigation strategies. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:35 P.M. 2 Receive quarterly activity report from the Economic Development Department. David Witcher, Director of Economic Development, stated that the quarterly report covers the fourth quarter of calendar year 2019 with activities through the week of March 9, 2020. Media highlights include the groundbreaking of Urban District 30 Industrial Park being featured in the Dallas Business Journal (DBJ), Dallas Morning News and D Magazine and Dalfen Industrial in the DBJ. Downtown Mesquite won two statewide awards from the Texas Downtown Association. Staff attended various trade shows, meetings, conferences and site tours, as well as hosted multiple Business Retention and Expansion Program events including Manufacturing Day and Entrepreneurs Day. Mr. Witcher reviewed the quarterly statistics including population trends, median income, residential permits, population distribution, new home permit values, total residential permit valuation, commercial remodel permits and valuation, commercial new construction permits and valuation, commercial new permit valuation, local sales tax collected, estimated new jobs, estimated new square footage and certificates of occupancy issued. Mr. Witcher reviewed the Council’s Economic Development Strategic Objective – Vibrant Economy – with the following updates: • Promote investment in new and existing businesses – Several ribbon cuttings were held this quarter – Hancock Whitney Bank, Big Lots remodel, Cheyenne Medical Lodge, Jay Knight Photography, Republic Finance and Sprouts Farmers Market. Urban District 30 Industrial Park held a groundbreaking for the 977,000 City of Mesquite, Texas Page 1 City Council Minutes - Final March 16, 2020 -square-foot project consisting of five buildings. Tubelite expanded its business and relocated to the ProLogis building located at 5181 Samuell Boulevard. The IH-30 Physician’s Specialty Medical Center will hold its ribbon cutting on March 27, 2020. The three-story medical office building will house Memorial MRI & Diagnostic Imaging Center, Dermatology & Skin Cancer Surgery Center and Precision Vascular. Two new businesses have relocated to Mesquite: Dalfen Industrial is constructing a 543,940-square-foot building at 1420 Kearney Street and Conor Commercial is constructing a 198,109-square-foot building at 5371 Samuell Boulevard. • Develop a long-term economic and land use plan for the Town East Area – Several properties were repurposed including Sprouts Farmers Market, Sanitas and the expansion of Canales Furniture. Town East Mall is 97.4 percent leased with Versona replacing the former Charming Charlie space. Foot Locker will be opening a 27,000-square-foot “Power” store that will combine Footaction, Kids Foot Locker, House of Hoops and Foot Locker in one location. • Emphasis on Downtown Revitalization – Texas Main Street staff conducted multiple site visits and volunteer training sessions. Five façade rendering applications are in progress at the State office with five applications completed. One façade improvement grant recipient is currently under construction with one to begin construction in the second quarter. The architect has been selected for the new Downtown Development and Mesquite Convention and Visitors Bureau offices in the Heritage Plaza building. The Front Street Station utility construction is 30 percent complete. Staff is in negotiations with five food-related business prospects and four business candidates in the business planning process with the Small Business Development Center. • Cultivate a robust pool of skilled workers and stakeholder partnerships through the Business Retention Expansion (BRE) Program – PepsiCo, Jerry Junkins Head Start, Mesquite BBQ, Morrison Products, Big Hit Creative Group and Elements International were presented Business Retention and Expansion awards at the annual Chamber of Commerce Banquet. Mr. Witcher stated that there were 4,426 total page views on the Economic Development website. Councilmembers expressed appreciation to Economic Development staff for their work in the community. The work session ended at 6:57 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Dr. W. R. Willis, Pastor, Calvary Temple Community Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Councilmember Sherry Wisdom. City of Mesquite, Texas Page 2 City Council Minutes - Final March 16, 2020 SPECIAL ANNOUNCEMENTS 1. Mr. Aleman encouraged residents to complete the 2020 Census questionnaire. In Mesquite, a one percent undercount may result in a loss of more than $3 million in federal funding per year. Remember “I Count, You Count, WE ALL COUNT.” 2. Mr. Smith stated that because a concerned citizen contacted the Mesquite Police Department (MPD) to report suspicious activity, 14 individuals were arrested and 1,300 THC cartridges and 145 pounds of THC edible candy was seized. He expressed appreciation to the MPD for their extensive investigation into this matter. Remember, if you see something, say something! 3. Mr. Boroughs reminded citizens to be aware of children playing outside and riding their bikes . Remember to “Drive Like Your Family Lives Here.” 4. Mr. Miklos encouraged citizens to download the City’s customer service mobile app, myMesquite, to submit service requests such as street repairs, code issues, crime concerns and more. 5. Mr. Miklos stated that a quality neighborhood begins with the residents. He encouraged residents to be aware of common code violations at their homes such as high grass, trash and landscaping. 6. Mr. Miklos requested that all crime watch and neighborhood groups voluntarily cancel meetings through April 2020 and possibly through May 2020. 7. Ms. Wisdom stated that due to the current coronavirus pandemic, Sharing Life Community Outreach and Mesquite Social Services may experience an increase in citizens needing assistance . She encouraged citizens to donate to these agencies and to periodically check on elderly neighbors. 8. Ms. Wisdom stated that some schools are implementing virtual learning during the coronavirus pandemic. She encouraged parents and grandparents to reach out to teachers for assistance with virtual learning or tutoring for students. 9. Ms. Wisdom stated that a town hall meeting was being planned for District 1 residents but has been delayed until further notice. 10. City Manager Cliff Keheley provided an update on the coronavirus pandemic. He stated that the City is focused on continued service and will provide public safety, water services, solid waste services and other essential services. All events and social gatherings sponsored by the City have been cancelled. All recreation centers have been closed, except for the After School Program, which will resume once Mesquite Independent School District resumes classes. Senior programs have been cancelled, including the meal program. However, the City is working to have food provided to seniors in need of meals. Municipal Court will cancel all dockets and jury trials until May 8, 2020. Public meetings are being evaluated. If a board or commission meeting is not necessary, the meetings will be postponed. Tonight’s agenda includes a resolution supporting the Dallas County declaration of an emergency and any orders of Dallas County. At this time, there are a small number of cases in Dallas County and the City hopes that the efforts being taken as a community in the next few weeks will be beneficial. The City will look to Dallas County to provide guidance on this issue and are working with them on a regular basis. Staff will do its best to maintain accurate information on the City ’s website but encourages residents to verify any information on this site or any other official sites before posting on social media. Mr. Keheley thanked citizens for their cooperation and understanding and thanked the City Council for their support. 11. Mayor Archer stated that he, along with the City Council, City Manager and staff, have been working closely with Federal, State and County partners to ensure that the City has the most up -to-date information. The City is going to do whatever it takes to protect the safety, welfare and health of citizens. He thanked the City’s leadership team and all City employees for their efforts in this emergency. The City will continue to function and be effective for citizens. He encouraged citizens to be responsible over the coming days and not to give in to fear or panic, while also adhering to what health authorities are asking everyone to do to avoid spreading the virus. When this virus is defeated, he encouraged everyone to shop locally. Mayor Archer stated that we will become even stronger once we overcome this challenge. City of Mesquite, Texas Page 3 City Council Minutes - Final March 16, 2020 CITIZENS FORUM 1. Jennifer Vidler, 300 Clear Springs Drive, requested that the City Council consider implementing an “Adopt A Street” program for citizen groups to help with litter removal. 2. Elizabeth Walley, 1112 Siebold Court, expressed concerns regarding coyotes in her neighborhood. CONSENT AGENDA Approval of the Consent Agenda Mr. Miklos requested Item Nos. 4 and 5 be removed from the Consent Agenda to be considered separately. Mr. Aleman requested Item Nos. 11 and 17 be removed from the Consent Agenda to be considered separately. Mr. Miklos moved to approve Item Nos. 3, 6-10, 12-16 and 18-22 on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 3 Minutes of the regular City Council meeting held March 2, 2020. Approved on the Consent Agenda. 6 An ordinance amending Chapter 8 of the City Code by adding a new Article XIV to establish convenience store and late hours business regulations. Approved on the Consent Agenda. Ordinance No. 4767, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8 OF THE MESQUITE CITY CODE, AS AMENDED, BY ADDING A NEW ARTICLE XIV TO ESTABLISH CONVENIENCE STORE AND LATE HOURS BUSINESS REGULATIONS; PROVIDING A TRANSITIONAL PROVISION FOR EXISTING CONVENIENCE STORES AND LATE HOURS BUSINESSES; PROVIDING REPEALER, CONFLICTS RESOLUTION, SEVERABILITY AND SAVINGS CLAUSES; AND PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4767 recorded in Ordinance Book No. 119.) 7 An ordinance amending Chapter 9 of the City Code by deleting Article IX in its entirety thereby removing automated traffic signal enforcement, addressing refunds and future enforcement and rescinding and dissolving the Automated Traffic Signal Enforcement Advisory Committee. Approved on the Consent Agenda. Ordinance No. 4768, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 9 OF THE MESQUITE CITY CODE, AS AMENDED, BY DELETING ARTICLE IX IN ITS ENTIRETY THEREBY REMOVING AUTOMATED TRAFFIC SIGNAL ENFORCEMENT; ADDRESSING REFUNDS AND FUTURE ENFORCEMENT; RESCINDING AND DISSOLVING THE AUTOMATED TRAFFIC SIGNAL ENFORCEMENT ADVISORY COMMITTEE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4768 recorded in Ordinance Book No. 119.) 8 A resolution of the City Council of the City of Mesquite, Texas, supporting the Declaration of Local Disaster for Public Health Emergency and Order issued by City of Mesquite, Texas Page 4 City Council Minutes - Final March 16, 2020 Dallas County Judge Clay Jenkins on March 12, 2020, relating to the spread and containment of the Coronavirus, and supporting additional actions of Dallas County authorities, and providing an effective date. Approved on the Consent Agenda. Resolution No. 15-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING THE DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY AND ORDER ISSUED BY DALLAS COUNTY JUDGE CLAY JENKINS ON MARCH 12, 2020, RELATING TO THE SPREAD AND CONTAINMENT OF THE CORONAVIRUS, AND SUPPORTING ADDITIONAL ACTIONS OF DALLAS COUNTY AUTHORITIES; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 15-2020 recorded in Resolution Book No. 59.) 9 Bid No. 2018-038 - Annual Supply of Garbage Can Liners - contract renewal option. (Staff recommends exercising the last of two contract renewal options with Houston Poly Bag 1, Ltd., in the amount of $250,500.00, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 10 Bid No. 2018-054 - Annual Supply of Full Circle Clamps - contract renewal option. (Staff recommends exercising the last of two contract renewal options with Core & Main, dba HD Supply Waterworks, for an amount not to exceed $62,815.87, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 12 RFP No. 2020-022 - Service Center Storage Facility. (Authorize the City Manager to finalize and execute the required documents with Mart, Inc., in the amount of $100,902.00.) Approved on the Consent Agenda. 13 RFP No. 2020-023 - Chiller Plant Expansion. (Authorize the City Manager to finalize and execute the required documents with Berger Engineering Company, in the amount of $241,316.00.) Approved on the Consent Agenda. 14 Bid No. 2020-040 - Annual Landscape Maintenance of the Creek Crossing Area Medians, Rights-of-Way and Landscape Areas. (Authorize the City Manager to finalize and execute a contract with low bidder Southlake Landscaping & Maintenance, dba SLM Landscaping & Maintenance, in the amount of $172,750.00. The term of this contract is for one year, with four 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. 15 Bid No. 2020-056 - Purchase of Pneumatic Tire Roller. (Staff recommends award to R.B. Everett in Haltom City, Texas, through Sourcewell Contract No. 032515-BAI, in the amount of $74,059.00.) City of Mesquite, Texas Page 5 City Council Minutes - Final March 16, 2020 Approved on the Consent Agenda. 16 Bid No. 2020-065 - Purchase of Vac-Trailer. (Staff recommends award to Vermeer Texas-Louisiana in Irving, Texas, through BuyBoard Contract No. 597-19, in the amount of $117,977.08.) Approved on the Consent Agenda. 18 Bid No. 2020-071 - Purchase of Ventrac Tractor and Four Attachments. (Staff recommends award to Austin Turf and Tractor in Farmers Branch, Texas, through BuyBoard Contract No. 529-17, sponsored by the Texas Association of School Boards, in the amount of $52,024.11.) Approved on the Consent Agenda. 19 Authorize the City Attorney to finalize and execute a Legal Services Agreement with Messer Fort McDonald for legal services in conjunction with the Spradley Farms litigation. Approved on the Consent Agenda. 20 Approve a petition requesting installation of speed bumps in the alley between Sabrina Drive and Christa Drive from Mathew Drive to Ryan Drive. Approved on the Consent Agenda. 21 Receive the January 2020 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. 22 Receive the Fiscal Year 2018-2019 annual report from the Mesquite Quality of Life Corporation Board of Directors. Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 4 An ordinance amending Chapter 2, Article IV, of the City Code by adding a new Division 4 entitled “Subsequent Representation” providing restrictions for representation by former City officials before the City. Cliff Keheley, City Manager, stated that the proposed ordinance prohibits appearances before the City by former members of the City Council and Boards and Commissions for a period of five years and by former City employees for a period of one year. Nadine Ward, 425 Walnut Drive, submitted a registration card expressing opposition to Item No. 4 but did not wish to speak. Mr. Boroughs expressed opposition to the proposed ordinance. Jennifer Vidler, 300 Clear Springs Drive, requested postponement, until the City of Mesquite, Texas Page 6 City Council Minutes - Final March 16, 2020 Coronavirus passes, to allow more citizens to participate in the discussion. Mr. Miklos moved to amend Section 2-156(c) by adding “except a member of the Building Standards Board and the Mesquite Landmark Commission” and to approve Ordinance No. 4769, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 2, ARTICLE IV OF THE MESQUITE CITY CODE, AS AMENDED, BY ADDING A NEW DIVISION 4 ENTITLED “SUBSEQUENT REPRESENTATION” PROVIDING RESTRICTIONS FOR REPRESENTATION BY FORMER CITY OFFICIALS BEFORE THE CITY; PROVIDING REPEALER, CONFLICTS RESOLUTION, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00 FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Ms. Wisdom. On call for a vote on the motion, the following votes were cast: Ayes: Miklos, Wisdom, Archer, Aleman, Smith Nayes: Boroughs Absent: Green Motion carried. (Ordinance No. 4769 recorded in Ordinance Book No. 119.) 5 An ordinance amending Chapter 8 of the City Code, by amending Article XIII “Hotel Premise Regulations” providing for hotel license requirements and associated fee. Mr. Vijay Patel, owner of the Red Roof Inn, expressed opposition to the proposed ordinance. Lori Ruggles, representing Luna Lodge, requested postponement to allow the hotel owners to discuss the proposed ordinance with City staff. Mr. Miklos moved to postpone consideration of an ordinance amending Chapter 8 of the City Code, by amending Article XIII “Hotel Premise Regulations” providing for hotel license requirements and associated fee to the April 20, 2020, City Council meeting to allow City staff to facilitate communication with the hotel and motel owners regarding the proposed ordinance. Motion was seconded by Ms. Wisdom and approved unanimously. 11 Bid No. 2019-089 - Mesquite Veterans Memorial: Design-Build Contract. (Authorize the City Manager to finalize and execute a Design -Build contract with Nouveau Construction and Technology Services, in the amount of $285,000.00.) Mr. Aleman stated that $233,000.00 has been raised towards the $355,000.00 goal for this project. He encouraged citizens to take the opportunity to purchase a brick in the amount of $50.00 which will be placed at the memorial. Mr. Aleman moved to award Bid No. 2019-089, Mesquite Veterans Memorial: Design-Build Contract, to Nouveau Construction and Technology Services and authorize the City Manager to finalize and execute a Design-Build contract in the amount of $285,000.00. Motion was seconded by Mr. Smith and approved unanimously. 17 Bid No. 2020-070 - Purchase of Three Scag Turf Tiger II Mowers. (Staff recommends award to Four Brothers Outdoor Power in Royse City, Texas, through BuyBoard Contract No. 529-17, sponsored by the Texas City of Mesquite, Texas Page 7 City Council Minutes - Final March 16, 2020 Association of School Boards, in the amount of $51,972.00.) Mr. Smith left the meeting. Mr. Aleman moved to award Bid No. 2020-070, Purchase of Three Scag Turf Tiger II Mowers, to Four Brothers Outdoor Power in Royse City, Texas, through BuyBoard Contract No. 529-17, sponsored by the Texas Association of School Boards, in the amount of $51,972.00. Motion was seconded by Mr. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Boroughs, Archer, Miklos, Wisdom Nayes: None Abstentions: Smith Absent: Green Motion carried. END OF CONSENT AGENDA PUBLIC HEARINGS 23 Conduct a public hearing and consider an ordinance for Application No . Z0120-0128, submitted by Ed Hicks, Jr., on behalf of Clay Cooley Hyundai Mesquite, for a change of zoning from Light Commercial to Light Commercial with a Conditional Use Permit to allow the sale and outdoor display of new and used vehicles, located at 16230 Interstate Highway 635. (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 with certain stipulations.) Mr. Smith entered the meeting. A public hearing was held for Application No. Z0120-0128. Jeff Armstrong, Director of Planning and Development Services, stated that the 3.33-acre tract has been occupied by car dealerships since 1987. However, this parcel has never been approved for the sale of used cars. The applicant anticipates approximately 33 percent of the vehicle inventory to be used. Ed Hicks, Jr., representing Clay Cooley Hyundai Mesquite, stated that per an agreement with Hyundai Motor Company, they will invest several million dollars in upgrading the property. The dealership will have approximately 80 used cars for sale. Fifty percent of the 80 used cars will be designated as certified pre-owned cars which will be no older than three years old. The other fifty percent will be no older than six years old. Ms. Wisdom moved to approve Application No. Z0120-0128, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. Up to 35 percent parking / display spaces may consist of used vehicles. 2. Each car on display must be parked / displayed fully within a striped parking space or inside of a building. 3. Cars for sale may be displayed on ramps. 4. No expansion of the outdoor display area is allowed. City of Mesquite, Texas Page 8 City Council Minutes - Final March 16, 2020 5. A minimum of six shade or evergreen trees or 18 ornamental trees must be added to the subject property from Section 1A-500-1 Tree Schedule of the City Code. 6. A minimum of five percent open space shall be provided on the site. 7. Refuse container shall be screened as required by the Engineering Design Manual. 8. Conditions 5-7 of this ordinance shall have begun or be completed by no later than 12 months from the date of approval of this CUP. And to approve Ordinance No. 4770, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM LIGHT COMMERCIAL TO LIGHT COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 16230 INTERSTATE HIGHWAY 635 TO ALLOW THE SALE AND OUTDOOR DISPLAY OF NEW AND USED VEHICLES 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. Miklos and approved unanimously. (Ordinance No. 4770 recorded in Ordinance Book No. 119.) 24 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2020-02 amending Mesquite Zoning Ordinance Sections 3-203, Schedule of Permitted Uses; 3-504, Refueling Stations, and; 6-102, Definitions pertaining to new and revised regulations for convenience stores and fueling stations. (The Planning and Zoning Commission recommends approval of the proposed ordinance.) A public hearing was held for Zoning Text Amendment No. 2020-02. Jeff Armstrong, Director of Planning and Development Services, stated that the proposed ordinance would require a conditional use permit for convenience stores and for limited fuel sales in the General Retail, Limited Commercial and Mixed Use zoning districts. A conditional use permit would also be required for any convenience store building or fueling canopy located within 500 feet of a residential zoning district, public or private school in Service Station, Commercial and Industrial zoning districts. Mr. Armstrong stated that a convenience store is currently defined as a retail establishment selling a variety of food and household items that is 1,000 to 5,000 square feet in area. The amended definition in the ordinance would increase the size of a convenience store to 8,000 square feet and eliminate the minimum square footage. No one appeared regarding the proposed amendment. Mr. Miklos moved to approve Zoning Text Amendment No. 2020-02, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4771, AN ORDINANCE AMENDING APPENDIX C OF THE MESQUITE CITY CODE, THE MESQUITE ZONING ORDINANCE, AS AMENDED, BY MAKING CERTAIN ADDITIONS AND DELETIONS TO SECTIONS 3-203, 3-504 AND 6-102 PERTAINING TO NEW REGULATIONS AND REVISED REGULATIONS FOR FUELING STATIONS AND CONVENIENCE STORES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE THEREOF. Motion was seconded by Ms. Wisdom and approved unanimously. (Ordinance No. City of Mesquite, Texas Page 9 City Council Minutes - Final March 16, 2020 4771 recorded in Ordinance Book No. 119.) 25 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance repealing Ordinance No. 4658 in its entirety and adopting the Parks and Recreation Department 2020 Youth Programs Standards of Care. A public hearing was held to consider the Parks and Recreation Department Youth Programs Standards of Care. Nikki Sassenus, Manager of Recreation Services, stated that a Standards of Care (SOC) policy is reviewed annually and adopted by ordinance, after holding a public hearing. State law allows municipalities to adopt a SOC policy providing for self-regulation of after school and summer youth programs and exempts the City from State childcare licensing requirements. There are no proposed changes to the SOC. No one appeared regarding the Parks and Recreation Department Youth Program SOC. Mr. Aleman moved to approve Ordinance No. 4772, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING STANDARDS OF CARE ASSOCIATED WITH THE CITY’S RECREATION PROGRAMS TITLED “2020 YOUTH PROGRAMS STANDARDS OF CARE”; REPEALING ORDINANCE NO. 4658; PROVIDING A GENERAL REPEALING CLAUSE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Boroughs and approved unanimously. (Ordinance No. 4772 recorded in Ordinance Book No. 119.) APPOINTMENTS TO BOARDS AND COMMISSIONS 26 Consider appointment of one member to the Mesquite Quality of Life Corporation Board of Directors for a term to expire August 19, 2021. Mr. Miklos moved to appoint Andrew Hubacek as a member of the Mesquite Quality of Life Corporation Board of Directors for a term to expire August 19, 2021. Motion was seconded by Mr. Aleman and approved unanimously. City of Mesquite, Texas Page 10 City Council Minutes - Final March 16, 2020 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:24 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 (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; 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); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:49 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Miklos moved to adjourn the meeting. Motion was seconded by Mr. Aleman and approved unanimously. The meeting adjourned at 8:49 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 11

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, March 16, 2020 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 20-4735 Receive briefing regarding the 2019 Coronavirus Disease (COVID-19) Declaration of Local Disaster for Public Health Emergency and Order issued by Dallas County and implementation of mitigation strategies. Attachments: Declaration of Local Disaster for Public Health Emergency Order of County Judge Clay Jenkins 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 20-4723 Receive quarterly activity report from the Economic Development Department. Attachments: Econ. Dev. Quarterly Report REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION To be determined. PLEDGE OF ALLEGIANCE To be determined. City of Mesquite, Texas Page 1 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. The following announcement may be made: Statement on the community response to the Coronavirus pandemic. 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.) 3 20-4704 Minutes of the regular City Council meeting held March 2, 2020. Attachments: March 2, 2020, minutes 4 20-4730 An ordinance amending Chapter 2, Article IV, of the City Code by adding a new Division 4 entitled “Subsequent Representation” providing restrictions for representation by former City officials before the City. Attachments: Ordinance 5 20-4710 An ordinance amending Chapter 8 of the City Code, by amending Article XIII “Hotel Premise Regulations” providing for hotel license requirements and associated fee. Attachments: Ordinance 6 20-4721 An ordinance amending Chapter 8 of the City Code by adding a new Article XIV to establish convenience store and late hours business regulations. Attachments: Ordinance Summary of Ordinance 7 20-4693 An ordinance amending Chapter 9 of the City Code by deleting Article IX in its entirety thereby removing automated traffic signal enforcement, addressing refunds and future enforcement and rescinding and dissolving the Automated Traffic Signal Enforcement Advisory Committee. City of Mesquite, Texas Page 2 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 Attachments: Ordinance 8 20-4734 A resolution of the City Council of the City of Mesquite, Texas, supporting the Declaration of Local Disaster for Public Health Emergency and Order issued by Dallas County Judge Clay Jenkins on March 12, 2020, relating to the spread and containment of the Coronavirus, and supporting additional actions of Dallas County authorities, and providing an effective date. Attachments: Resolution 9 20-4697 Bid No. 2018-038 - Annual Supply of Garbage Can Liners - contract renewal option. (Staff recommends exercising the last of two contract renewal options with Houston Poly Bag 1, Ltd., in the amount of $250,500.00, subject to annual appropriation of sufficient funds.) Attachments: Bid Tabulation 10 20-4698 Bid No. 2018-054 - Annual Supply of Full Circle Clamps - contract renewal option. (Staff recommends exercising the last of two contract renewal options with Core & Main, dba HD Supply Waterworks, for an amount not to exceed $62,815.87, subject to annual appropriation of sufficient funds.) Attachments: Bid Tabulation 11 20-4709 Bid No. 2019-089 - Mesquite Veterans Memorial: Design-Build Contract. (Authorize the City Manager to finalize and execute a Design-Build contract with Nouveau Construction and Technology Services, in the amount of $285,000.00.) Attachments: Exhibit 12 20-4682 RFP No. 2020-022 - Service Center Storage Facility. (Authorize the City Manager to finalize and execute the required documents with Mart, Inc., in the amount of $100,902.00.) Attachments: Best Value Scoring Matrix Proposed Location Map 13 20-4714 RFP No. 2020-023 - Chiller Plant Expansion. (Authorize the City Manager to finalize and execute the required documents with Berger Engineering Company, in the amount of $241,316.00.) Attachments: Chiller Plant Expansion Report Best Value Scoring Matrix 14 20-4706 Bid No. 2020-040 - Annual Landscape Maintenance of the Creek Crossing Area Medians, Rights-of-Way and Landscape Areas. (Authorize the City Manager to finalize and execute a contract with low bidder Southlake Landscaping & Maintenance, dba SLM Landscaping & City of Mesquite, Texas Page 3 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 Maintenance, in the amount of $172,750.00. The term of this contract is for one year, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Attachments: Bid Tabulation Best Value Scoring Matrix 15 20-4685 Bid No. 2020-056 - Purchase of Pneumatic Tire Roller. (Staff recommends award to R.B. Everett in Haltom City, Texas, through Sourcewell Contract No. 032515-BAI, in the amount of $74,059.00.) Attachments: Photo - Bomag BW 11RH-5 Pneumatic Tire Roller 16 20-4690 Bid No. 2020-065 - Purchase of Vac-Trailer. (Staff recommends award to Vermeer Texas-Louisiana in Irving, Texas, through BuyBoard Contract No. 597-19, in the amount of $117,977.08.) Attachments: Photo - 2020 Vermeer VX75-1200 Vac-Trailer 17 20-4718 Bid No. 2020-070 - Purchase of Three Scag Turf Tiger II Mowers. (Staff recommends award to Four Brothers Outdoor Power in Royse City, Texas, through BuyBoard Contract No. 529-17, sponsored by the Texas Association of School Boards, in the amount of $51,972.00.) Attachments: BuyBoard Quote Scag Turf Tiger II exhibit 18 20-4717 Bid No. 2020-071 - Purchase of Ventrac Tractor and Four Attachments. (Staff recommends award to Austin Turf and Tractor in Farmers Branch, Texas, through BuyBoard Contract No. 529-17, sponsored by the Texas Association of School Boards, in the amount of $52,024.11.) Attachments: BuyBoard Quote Photo - Ventrac Tractor Photo - Boom Mower Photo - Stump Grinder Photo - Power Broom Photo - Tough Cut Mower 19 20-4726 Authorize the City Attorney to finalize and execute a Legal Services Agreement with Messer Fort McDonald for legal services in conjunction with the Spradley Farms litigation. 20 20-4701 Approve a petition requesting installation of speed bumps in the alley between Sabrina Drive and Christa Drive from Mathew Drive to Ryan Drive. Attachments: Petition Location Map City of Mesquite, Texas Page 4 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 21 20-4713 Receive the January 2020 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: January 2020 CIAC report CIAC Minutes 22 20-4716 Receive the Fiscal Year 2018-2019 annual report from the Mesquite Quality of Life Corporation Board of Directors. Attachments: MQOLC 4B Annual Report for FY 2018-2019 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.) 23 20-4711 Conduct a public hearing and consider an ordinance for Application No. Z0120-0128, submitted by Ed Hicks, Jr., on behalf of Clay Cooley Hyundai Mesquite, for a change of zoning from Light Commercial to Light Commercial with a Conditional Use Permit to allow the sale and outdoor display of new and used vehicles, located at 16230 Interstate Highway 635. (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 with certain stipulations.) Attachments: Staff report and maps P&Z Minutes Ordinance 24 20-4712 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2020-02 amending Mesquite Zoning Ordinance Sections 3-203, Schedule of Permitted Uses; 3-504, Refueling Stations, and; 6-102, Definitions pertaining to new and revised regulations for convenience stores and fueling stations. (The Planning and Zoning Commission recommends approval of the proposed ordinance.) Attachments: P & Z Minutes Ordinance 25 20-4715 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance repealing Ordinance No. 4658 in its entirety and adopting the Parks and Recreation Department 2020 Youth Programs Standards of Care. City of Mesquite, Texas Page 5 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 Attachments: Ordinance Updated Standards with highlighted revisions At this time, any individual wishing to discuss any remaining matter on the agenda 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. APPOINTMENTS TO BOARDS AND COMMISSIONS 26 20-4720 Consider appointment of one member to the Mesquite Quality of Life Corporation Board of Directors for a term to expire August 19, 2021. Attachments: Personal Data Form ADJOURNMENT 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. 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; Cause No. 3:15-CV-02638-B; currently on appeal to the U.S. Court of Appeals for the Fifth Circuit, Case No. 19-10280, Filed 6-3-19 2. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing 2017 wholesale water rates implemented by North Texas Municipal Water District, PUC Docket No. 46662 – Filed 12-14-16 3. 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 4. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem, Cause No. DC-18-02903 – Filed 3-1-18 5. Haley Gregory v. City of Mesquite, EEOC #450-2018-06081 – Filed 7-25-18 6. 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, Cause No. 2018-3835-4 – Filed 10-19-18 7. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18; on appeal to the U.S. Court of Appeals for the Fifth Circuit, Case No. 05-19-00667-CV 8. Tony Hobbs v. Kyle Warren, City of Garland and City of Mesquite, Cause No. 3:19-CV-00047-L – Filed 1-7-19 City of Mesquite, Texas Page 6 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 9. City of Mesquite, Texas v. Extra Property Holdings, LLC, and Compass Bank, Cause No. CC-19-02559-A – Filed 4-30-19 10. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19 11. 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, Cause No. 3:10-CV-01263-L – Filed 5-24-19 12. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of Mesquite, Cause No. CC-19-03248-C – Filed 5-31-19 13. City of Mesquite v. Gary R. Timbes; Elizabeth S. Timbes, Cause No. CC-19-06231-A – Filed 10-11-19 14. Javier Pena-Enriquez v. Peter Velasquez and the City of Mesquite, Cause No. 3:19-CV-2529-S – Filed 10-24-19 15. City of Mesquite v. Daniel Contreras, 1715 Buena Vista, Mesquite, Texas, 75149 in rem and 1718 Buena Vista, Mesquite, Texas, 75149 in rem, Cause No. DC-19-19025 – Filed 11-27-19 16. Torey Thomas v. The City of Mesquite, Texas, Cause No. CC-20-00030-A – Filed 1-3-20 17. Spradley Farms, L.C., as managing partner for Spradley Farms LTD; and Charles Spradley, in his official capacity v. The City of Mesquite, Texas, and Bruce Archer in his official capacity as Mayor of the City of Mesquite, and Sherry Wisdom, Kenny Green, Robert Miklos, Tandy Boroughs, B. W. Smith and Daniel Aleman, Jr. of the Mesquite City Councilmen in their official capacity, Cause No. 104439-CC2 – Filed 2-6-20, Pending in County Court No. 2 of Kaufman County, Texas; and The Court of Appeals, Fifth District of Texas at Dallas, Case No. 05-20-00204-CV, Filed 2-18-20 18. Carrasco v. City of Mesquite et al, Case No. 3:20-CV-00573-C, Filed 3-6-20 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. 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. City of Mesquite, Texas Page 7 Monday, March 16, 2020 City Council Meeting Agenda March 16, 2020 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, March 16, 2020

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