City Council

City of Mesquite, Texas Minutes - Final City Council Monday, October 5, 2020 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Bruce Archer and Councilmembers Robert Miklos, Dan Aleman, Tandy Boroughs, B . W. Smith and Sherry Wisdom, 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 ordinance amendments to the Mesquite Zoning Ordinance and Chapters 2, 9 and 10 of the Mesquite City Code, thereby updating certain regulations and offenses regarding the parking and storage of commercial motor vehicles, oversized vehicles, recreational vehicles (RVs) and trailers in residential areas and the associated required off -street parking spaces. 2 Discuss campaign finance and contribution limitations. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:55 P.M. The City Council met 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 (City of Allen, et al v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Cause No. 6:19-cv-345-ADA-JCM – Filed 10-19-18); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 7:00 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final October 5, 2020 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:00 P.M. The City Council met in Executive Session pursuant to Section 551.074 of the Texas Government Code to 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 City employees (Conduct Municipal Court Judge candidate interviews); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 7:05 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:08 P.M. INVOCATION Beto Meza, Pastor, New Life Church DFW, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Secretary Sonja Land. PRESENTATIONS 3 Receive presentation regarding the 2020 Mesquite Elks Lodge Awards. Mayor Archer stated that due to the COVID-19 pandemic, the Mesquite Elks Lodge was unable to present the annual awards program. The following persons were honored in a video presentation: Citizen of the Year Award to Linda Cox Police Officer of the Year Award to Mike Smith Firefighter of the Year Award to Christopher Thomas Past Exalted Ruler Paul Sullivan presented a check to Mayor Archer for the Mesquite Police Department and Mesquite Fire Department in the amount of $250.00 each. Donna Woodard, Civic Chairman of the Auxiliary at the Mesquite Elks Lodge, stated that the Auxiliary donated approximately $4,000 this year to the Mesquite Fire Department, Historic Mesquite, Inc., Mesquite Animal Shelter, Mesquite Public Library, Mesquite Social Services, Mesquite Parks and Recreation and Mesquite Police Department. Pat Deihl, Past President of the Auxiliary, and Norma Sorenson, President of the Auxiliary, stated that they were pleased to assist the City’s programs in a positive way. City of Mesquite, Texas Page 2 City Council Minutes - Final October 5, 2020 SPECIAL ANNOUNCEMENTS 1. Mr. Aleman stated that October is Hispanic Heritage Month. The Hispanic Forum of Mesquite and the League of United Latin American Citizens, LULAC, was recently recognized with a special proclamation. He thanked both groups and all Hispanic citizens, business owners, employees and residents for making Mesquite a great place to live and raise a family. 2. Mr. Smith stated that October 6, 2020, is National Night Out. The Mesquite Police Department (MPD) has implemented a new program, “9 PM Routine,” to help keep Mesquite safe. Residents are encouraged to make it a daily routine to set an alarm for 9:00 p.m. as a reminder to make sure all car doors are locked and valuables have been removed, home doors are locked and any exterior lights such as porch lights and landscape lights are turned on. 3. Mr. Boroughs stated that last Saturday, October 3, 2020, was the 16th Annual Addressing Mesquite Day. He commended the Mesquite AMBUCS for their participation and Jerry Dittman for his leadership in this event. He expressed appreciation to all City staff, volunteers and sponsors who made this day a success. 4. Mr. Boroughs announced the launch of a new website, www.DowntownMesquiteTX.com, which offers opportunities for businesses, visitors and investors to receive information about downtown businesses, programs, events and more. He thanked City staff and the Mesquite Downtown Development Advisory Board for this achievement. 5. Mr. Miklos stated that STAR Transit now offers expanded operating hours. New Saturday service is available from 8:00 a.m. to 5:00 p.m. and Monday through Friday service from 6:00 a.m. to 8:00 p.m. By utilizing the “STARNow” app, riders can book trips, receive real-time updates via text, phone call or app notification and track the vehicle location and estimated time of arrival. 6. Mr. Miklos stated that he and Mayor Archer visited with residents on Fielding Drive, in the Rollingwood Hills subdivision, regarding an armed robbery that took place last week. One of the concerns of the residents is speeding in the neighborhood. Currently, the City has a policy that does not allow speed bumps to be installed on residential streets. Mr. Miklos asked City Manager Cliff Keheley to explore options for slowing traffic on residential streets that will not impact emergency vehicles. 7. Ms. Wisdom announced that the North Branch Library, 2600 Oates Drive, has re-opened. To adjust to health protocols, revised hours and new rules have been implemented to ensure a safe environment for the public and City employees. 8. Ms. Wisdom thanked residents who support our community and do not engage in negativity on social media. 9. Mayor Archer stated that he is proud of this City and thanked Councilmembers, City staff and community leaders for continuing to build unity in our community. 10. Mayor Archer stated that Dr. James Terry and Audwin Prince are leading a group called the “Cleanest City Initiative” to explore aggressive recommendations for the City Council that will help accomplish much more than just picking up trash. Therefore, Mayor Archer asked all Mesquite residents to take 30 – 45 minutes out of their day on Saturday, October 10, 2020, to support this initiative by picking up trash in our community. 11. Mr. Aleman commended a young man, who has recovered from a severe head injury, for volunteering this past Saturday in the Addressing Mesquite Day event to help our community. CITIZENS FORUM Belinda Allen, 2171 McKenzie Road, expressed concerns regarding a large water bill she received and the City of Mesquite Water Department policies. City of Mesquite, Texas Page 3 City Council Minutes - Final October 5, 2020 CONSENT AGENDA Approval of the Consent Agenda Ms. Wisdom moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and approved unanimously. 4 Minutes of the regular City Council meeting held September 21, 2020. Approved on the Consent Agenda. 5 A resolution authorizing the City Manager to execute Amendment No. 3 to the Dallas Area Household Hazardous Waste Network Interlocal Agreement with Dallas County for Fiscal Year 2020-21 in an amount not to exceed $117,682.00. Approved on the Consent Agenda. Resolution No. 48-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR FISCAL YEAR 2020-21 FOR AN AMOUNT NOT TO EXCEED $117,682.00. (Resolution No. 48-2020 recorded in Resolution Book No. 61.) 6 A resolution ratifying the total expenditure of $76,312.08 without competitive bidding for the emergency repair and replacement of the sewer line that serves the Vanston Park Concession Stand located at 3003 Oates Drive and authorizing payment to DMI Corporation for such repairs. Approved on the Consent Agenda. Resolution No. 49-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, RATIFYING THE TOTAL EXPENDITURE OF $76,312.08 WITHOUT COMPETITIVE BIDDING FOR THE EMERGENCY REPAIR AND REPLACEMENT OF THE SEWER LINE THAT SERVES THE VANSTON PARK CONCESSION STAND LOCATED AT 3003 OATES DRIVE; AND AUTHORIZING PAYMENT TO DMI CORPORATION FOR SUCH REPAIRS. (Resolution No. 49-2020 recorded in Resolution Book No. 61.) 7 A resolution authorizing the City Manager to execute and approve the Second Amendment to the Project Specific Agreement with Dallas County for the purpose of repaving certain specific “Type B” roadways within the City of Mesquite. Approved on the Consent Agenda. Resolution No. 50-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPROVE THE SECOND AMENDMENT TO THE PROJECT SPECIFIC AGREEMENT WITH DALLAS COUNTY FOR THE PURPOSE OF REPAVING CERTAIN SPECIFIC “TYPE B” ROADWAYS WITHIN THE CITY OF MESQUITE. (Resolution No. 50-2020 recorded in Resolution Book No. 61.) City of Mesquite, Texas Page 4 City Council Minutes - Final October 5, 2020 8 Bid No. 2020-078 - Annual Supply of Brakes, Pads and Accessories. (Authorize the City Manager to finalize and execute a contract with split award to Town East Ford in the amount of $21,685.32, Dallas Dodge Chrysler Jeep in the amount of $24,765.00, Ogburn’s Truck Parts in the amount of $22,102.99, Advanced Auto Parts Group in the amount of $4,742.48, Napa Auto Parts in the amount of $14,999.46 and Park Cities Ford in the amount of $24,991.67, for a total amount not to exceed $113,286.92. 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. 9 Bid No. 2020-090 - Annual Supply of Fire Hydrants. (Authorize the City Manager to finalize and execute a contract with Ferguson Enterprises, LLC, in an amount of $104,058.72. 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. 10 Bid No. 2020-097 - Annual Vacant Landscaping & Property Preservation Maintenance for Environmental Code. (Authorize the City Manager to finalize and execute a contract with Sara Nevill and Joni Nevill d/b/a iMowTexas Lawn Care in the amount of $71,750.00. The term of this contract is for one year, with two additional one -year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 11 Bid No. 2020-104 - Paving Improvements in Quail Hollow No. 2 Subdivision. (Authorize the City Manager to finalize and execute a contract with low bidder KIK Underground, LLC, in the amount of $1,431,320.00.) Approved on the Consent Agenda. 12 Bid No. 2021-001 - Town East Estates Phase II - Paving Improvements. (Authorize the City Manager to finalize and execute a contract with low bidder HQS Construction, LLC, in the amount of $4,155,566.00.) Approved on the Consent Agenda. 13 Bid No. 2021-011 - Municipal Building Modular Furniture Project. (Authorize the City Manager to finalize and execute the necessary documents with Preferred Business Solutions through the National Cooperative Purchasing Alliance Contract No. NCPA 11-18 in the amount of $67,093.24.) Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute a professional engineering services contract with Nathan D. Maier Consulting Engineers, Inc ., for the City of Mesquite, Texas Page 5 City Council Minutes - Final October 5, 2020 engineering design of Skyline Drive, from Town East Boulevard to Peachtree Road, in the amount of $818,393.00. Approved on the Consent Agenda. 15 A. Authorize the City Manager and Police Chief to finalize and execute the 2021 SURGE Program - Funded State and Local Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration, Dallas Field Division for Task Force 1 activities. B. Authorize the City Manager and Police Chief to finalize and execute the Fiscal Year 2021 Asset Forfeiture Sharing Agreement with the United States Department of Justice, Drug Enforcement Administration, Dallas Field Division for Task Force 1 activities. Approved on the Consent Agenda. RECEIPT OF RESIGNATION 16 Receive resignation from Carol Ann Hooker as a regular member of the Mesquite Housing Board. Ms. Wisdom moved to accept the resignation of Carol Ann Hooker as a regular member of the Mesquite Housing Board. Motion was seconded by Mr. Boroughs and approved unanimously. PUBLIC HEARINGS 17 Conduct a public hearing and consider an ordinance for Application No . Z0720-0143, submitted by Masterplan on behalf of Infinity 2020 Partners, LLC, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a car wash with modification to special conditions within 100 feet of a residential district, located at 1200 Pioneer Road. (No responses in favor and four in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval.) A public hearing was held for Application No. Z0720-0143. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to install a tunnel car wash, 13 vacuum stations and a two-story structure that would include an office, point-of-sale station and a coffee shop. The vacuum system will be enclosed by a screening wall and use noise reduction technology. An eight-foot masonry screening wall will be installed along the eastern property line as well as a 10-foot tree buffer with four large shade trees. Maxwell Fisher, representing Masterplan, stated that Infinity 2020 Partners, LLC, is a locally woman-owned and operated business. The intent is to hire six full/part-time employees and form community partnerships for school fundraisers with the Mesquite Independent School District and Keep Mesquite Beautiful, Inc. The automated car wash will be Phase 1 of the development which will include surplus parking for Phase 2, located on the corner of Pioneer Road and Sierra Drive, to be developed later with a restaurant or other neighborhood service use. City of Mesquite, Texas Page 6 City Council Minutes - Final October 5, 2020 Security cameras will monitor the property 24 hours a day, seven days a week. Operating hours for the car wash will be 8:00 a.m. to 9:00 p.m. and during the winter hours, closing time will be 7:00 p.m. Mr. Fisher stated that the applicant agreed to construct an eight-foot-wide sidewalk along Pioneer Road to tie-in to the City’s trail infrastructure. Mr. Fisher stated that the applicant has increased the amount of separation from the car wash to the residential homes, proposed a vehicular barricade to be utilized after hours to prohibit access to the property and installation of downward facing LED lights for security with no impact to neighbors. The on-site trash will be collected daily with bi-weekly removal from the property. The vacuum noise reduction technology, equipment screening and perimeter wall along with the eight-foot masonry screening wall will mitigate much of the noise to the adjoining neighborhood. Mr. Fisher stated that informational signs will be installed to discourage loitering and trespassing, and staff will monitor and report suspicious activities. The applicant worked with the neighbors to address their concerns. Mr. Fisher agreed to maintain the uniformity of the masonry screening wall that is located at the rear of the adjoining property to the south. Henry Brown, 211 Athel Drive, requested clarification on how the applicant will prevent use of the vacuum system after hours. Mr. Fisher stated that the vacuum system would be disabled each evening at closing. Mr. Smith moved to approve Application No. Z0720-0143, as recommended by the Planning and Zoning Commission, with the following stipulations added to Exhibit C, Development Standards: (1) the screening wall next to the residences on the east side of the property shall match the screening wall on the adjacent property to the south of the property in color, materials and construction, and (2) construction shall include a means of barricading after hours access for vehicular traffic to the property. And to approve Ordinance No. 4817, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM GENERAL RETAIL TO GENERAL RETAIL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 1200 PIONEER ROAD TO ALLOW A CAR WASH WITH MODIFICATION TO SPECIAL CONDITIONS THEREBY ALLOWING A CAR WASH WITHIN 100 FEET OF A RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Ms. Wisdom and approved unanimously. (Ordinance No. 4817 recorded in Ordinance Book No. 122.) 18 Conduct a public hearing and consider an ordinance for Application No . Z0220-0129, submitted by Huffines Land Holding Partners, LP, for a change of zoning from Agricultural and Planned Development District Ordinance No. 3538 to Planned Development District to allow a master-planned community that would provide development standards and allow mixed uses, residential and commercial uses, located southwest of East Cartwright Road and both northwest and southeast of Faithon P. Lucas Sr., Boulevard. (Four responses in favor and 16 in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval. This item was postponed at the September 21, 2020, City Council meeting.) City of Mesquite, Texas Page 7 City Council Minutes - Final October 5, 2020 A public hearing was held for Application No. Z0220-0129. Garrett Langford, Manager of Planning and Zoning, explained the revisions that the developer made to the proposed Solterra Development since the September 21, 2020, City Council meeting to include: (1) modified the layout of the McKenzie Road connector; (2) additional Traffic Impact Analysis may be required in the future; (3) removed Cottonwood and Water Oak trees from the permitted tree list; (4) increased the garage door setback for front entry from 20 feet to 22 feet and (5) increased the minimum dwelling sizes, as follows: Removed the Brownstone residential type Duplex – from 800 square feet to 1100 square feet Townhome – from 1100 square feet to 1200 square feet 30-foot lot – from 1000 square feet to 1200 square feet 40-foot lot – from 1200 square feet to 1350 square feet 50-foot lot – from 1400 square feet to 1500 square feet 60-foot lot – from 1800 square feet to 2000 square feet 70-foot lot – from 2000 square feet to 2400 square feet Mr. Langford stated that the Solterra Development meets the 2019 Mesquite Comprehensive Plan (Comp Plan) as it is designated as Low Density Residential, which is three-to-five units per acre and be a part of a master-planned community. The Comp Plan utilizes various design neighborhood principles such as walkability, housing variety and parks and open space in the Solterra Development. Cliff Keheley, City Manager, stated that the following items will be addressed in the development agreement but not in the zoning ordinance: (1) the developer has agreed to an additional impact fee for the reconstruction of Faithon P. Lucas, Sr., Boulevard from Cartwright Road to McKenzie Road; (2) the developer will construct the McKenzie Road Connection as part of the development plan; (3) the developer has agreed to expand the Tax Increment Reinvestment Zone (TIRZ) to include Lawson Road which will allow TIRZ funds to cover future debt of the reconstruction of Lawson Road and (4) the developer has agreed to place money into the TIRZ fund for a wildlife management fund to address wildlife issues that may occur from the development. Elvio Bruni, President of Huffines Communities, reviewed the changes that have been requested by the neighbors: (1) increased rear yard setback to all existing homes from 20 feet to 25 feet; (2) increased front entry garage door setback to 22 feet; (3) removed the daycare accessory structure; (4) removed the single-family rental unit; (5) removed the Brownstone product; (6) amenable to additional traffic study; (7) removed the crops and cattle from the flood plain area and (8) since the Pre-Meeting discussion earlier in the meeting, further increased the 40-foot lot size dwelling size from 1350 square feet to 1500 square feet and the 50-foot lot size dwelling size from 1500 square feet to 1750 square feet. Srini Mandayam, 4808 Monarch Drive, and Mike Williams, 1020 Chimney Court, submitted letters to the City Council regarding the proposed development. The following persons expressed concerns regarding the proposed development: (1) Melinda Blair, 3800 Faithon P. Lucas, Sr., Boulevard, relating to preservation of the existing tree canopy, minimum dwelling size, flood plain maintenance and future development phases and (2) Belinda Allen, 2171 McKenzie Road, relating City of Mesquite, Texas Page 8 City Council Minutes - Final October 5, 2020 to traffic on McKenzie Road and maintenance of the proposed wood fencing that will abut along her property line. Mr. Keheley stated that the developer will adhere to the City’s tree preservation ordinance which will require replacement of trees lost during grading. The developer has agreed to a specific maintenance plan for the flood plain area to ensure the drainage profile. Mr. Keheley stated that the zoning ordinance is for the entire development and will only be reconsidered by the City Council if the developer alters the plan. The lot sizes are set forth in the development plan and will not be specific until the phases are platted. Mr. Keheley stated that when the McKenzie Road Connection is constructed, a cul-de-sac will be installed at the end of McKenzie Road to ensure no through traffic. Mr. Bruni addressed Ms. Blair’s concern regarding lot placement next to her property. He stated in addition to the 25-foot setback, there is an additional 25-30 feet from the property line that will be utilized for drainage and as many trees as possible will be preserved. Mr. Bruni stated that Phase 1 will encompass 700 lots which will require a variety of lot sizes. Mr. Bruni addressed Ms. Allen’s concern regarding the 1,500-foot proposed fence that will abut her property line. He stated that the developer will require the builder to install an upgraded vinyl fence along the existing property lines. Councilmembers expressed appreciation to the neighbors for voicing their concerns and to the developer for addressing the neighbors’ concerns. Mr. Miklos moved to approve Application No. Z0220-0129, as recommended by the Planning and Zoning Commission, with the following changes to the minimum residential structure sizes: that the minimum dwelling unit size for the 40-49 foot lot width sites be increased from 1350 square feet to 1500 square feet; and that the minimum dwelling unit size for the 50-59 lot width sites be increased from 1500 square feet to 1750 square feet. And to approve Ordinance No. 4818, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM AGRICULTURE AND PLANNED DEVELOPMENT DISTRICT ORDINANCE NO. 3538 TO PLANNED DEVELOPMENT DISTRICT ON PROPERTY LOCATED SOUTHWEST OF EAST CARTWRIGHT ROAD AND BOTH NORTHWEST AND SOUTHEAST OF FAITHON P. LUCAS SR. BOULEVARD TO ALLOW A MASTER-PLANNED COMMUNITY THAT WOULD PROVIDE DEVELOPMENT STANDARDS AND ALLOW MIXED USES, RESIDENTIAL AND COMMERCIAL USES; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Aleman and approved unanimously. (Ordinance No. 4818 recorded in Ordinance Book No. 122.) ADJOURNMENT Ms. Wisdom moved to adjourn the meeting. Motion was seconded by Mr. Smith and approved unanimously. The meeting adjourned at 9:30 p.m. City of Mesquite, Texas Page 9 City Council Minutes - Final October 5, 2020 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 10