City Council
Regular MeetingMesquite, TX · March 16, 2020
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
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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.
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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.
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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
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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.)
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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
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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
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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.
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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.
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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.
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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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