City Council
Regular MeetingMesquite, TX · October 19, 2020
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, October 19, 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,
Kenny Green, B. W. Smith and Sherry Wisdom, City Manager Cliff Keheley and City Secretary Sonja
Land.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding Trinity Valley Electric Cooperative operations and
proposed franchise agreement.
2 Receive briefing regarding ordinance amendments to the Mesquite Zoning
Ordinance and Chapters 9 and 10 of the 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.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Tony Rorie, The Men and Ladies of Honor.
PLEDGE OF ALLEGIANCE
City Manager Cliff Keheley.
SPECIAL ANNOUNCEMENTS
1. Ms. Wisdom stated that as part of formalizing an Americans with Disabilities (ADA) Act Transition
Plan, the City is requesting the community’s participation by completing an online survey to address
specific concerns regarding accessibility or a need for reasonable accommodations at public meetings,
in public facilities or other ADA related issues. The survey is available on the City ’s website beginning
today through November 6, 2020.
2. Mr. Green thanked the Mesquite Police Department (MPD) for launching four new social media
platforms including a Facebook page. These social media platforms are not monitored 24 hours a day,
7 days a week and should not be utilized by the public for 911 service. These platforms will allow
citizens to engage with the MPD.
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City Council Minutes - Final October 19, 2020
3. Mr. Miklos announced that STAR Transit is offering free, round-trip rides to local polling places for
Early Voting through Friday, October 30, 2020, and on Election Day, Tuesday, November 3, 2020. Also,
the Mesquite Convention Center & Exhibit Hall, 1700 Rodeo Drive, will host walk-in and curbside voting
for Dallas County registered voters on Election Day from 7:00 a.m. to 7:00 p.m.
4. Mr. Boroughs announced that last week, the City of Mesquite earned the 2020 Achievement of
Excellence in Procurement Award, making Mesquite one of only 46 agencies in Texas and one of only
69 cities in the United States to receive this honor. The City was also awarded the Certificate of
Distinction from the Government Treasurers’ Organization of Texas for maintaining a comprehensive
written investment policy that fully complies with the Texas Public Funds Investment Act. This is the
fourth consecutive year that the City has received this award. He thanked City staff for helping the City
achieve these honors.
5. Mr. Smith stated that Dallas County has issued guidelines regarding Halloween activities and does
not recommend that citizens participate in parties, trick or treating and trunk or treat events. They
offered ideas for safe activities such as family scavenger hunts at the home, Halloween -themed movie
nights and Halloween-themed family meals. He encouraged everyone to enjoy Halloween while
protecting everyone’s health.
6. Mr. Aleman stated that due to COVID-19, the Hispanic Forum of Mesquite (HFM) is unable to host
their annual fundraiser, Noche de Suenos Scholarship Gala, which helps deserving Hispanic students
in the Mesquite Independent School District and Dallas College – Eastfield Campus apply for
scholarships. HFM has awarded more than $55,000.00 to students in the past few years. He
encouraged citizens to support HFM with a tax-deductible donation.
7. Mr. Aleman announced that the City’s Curbside Recycling Program will resume today. The program
had been suspended since late March 2020 due to the impacts of the COVID-19 pandemic.
8. City Manager Cliff Keheley announced that Public Works Director Matt Holzapfel will be retiring as of
October 30, 2020, after 37 dedicated years of service to the City. Mayor Archer stated that as our City
grows in Kaufman County, a new water pump station will be built and operational in 2022. Because Matt
has kept the City of Mesquite flowing and moving forward towards better public infrastructure for 37
years, it was only fitting to name the new water pump station in his honor – Matthew Holzapfel Pump
Station. Mayor Archer thanked Matt for his many years of service to the City and to his family for
supporting Matt as he devoted many long hours to the citizens of Mesquite.
OTHER BUSINESS
17 Consider appointment of the Municipal Court Judge for the City of Mesquite,
Texas, effective November 13, 2020, and authorize the Mayor to execute an
employment agreement between the City of Mesquite, Texas, and Municipal
Court Judge.
This item was taken out of order.
Cliff Keheley, City Manager, stated that it was the City Council’s overwhelming
consensus to appoint Prosecutor and Assistant City Attorney Detra Hill to the
position of Municipal Court Judge.
Ms. Wisdom moved to appoint Detra Hill as Municipal Court Judge for the City of
Mesquite, Texas, effective November 13, 2020, and authorized the Mayor to
execute an employment agreement between the City of Mesquite, Texas, and
Detra Hill. Motion was seconded by Mr. Aleman and approved unanimously.
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City Council Minutes - Final October 19, 2020
CITIZENS COMMENTS
Henry Brown, 211 Athel Drive, expressed support for the appointment of Detra Hill as the new Municipal
Court Judge.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Miklos requested that Item Nos. 7 and 10 be removed from the Consent
Agenda to be considered separately. Mr. Miklos moved to approve the remaining
items on the Consent Agenda, as follows. Motion was seconded by Mr. Green and
approved unanimously.
4 Minutes of the regular City Council meetings held September 28, 2020, and
October 5, 2020.
Approved on the Consent Agenda.
5 An ordinance amending Chapter 9 of the City Code thereby providing a new
school zone for Trinity Basin Preparatory School and a revised school zone for
Vanston Middle School.
Approved on the Consent Agenda.
Ordinance No. 4819, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, BY PROVIDING CERTAIN DELETIONS AND ADDITIONS UNDER
SECTIONS 9-147(1)(c) AND 9-147(1)(e) THEREBY PROVIDING A NEW SCHOOL ZONE
FOR TRINITY BASIN PREPARATORY AND A REVISED SCHOOL ZONE FOR
VANSTON MIDDLE SCHOOL; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00
FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF.
(Ordinance No. 4819 recorded in Ordinance Book No. 122.)
6 An ordinance, on first reading, granting to Trinity Valley Electric Cooperative,
Inc., its successors and assigns, the nonexclusive right to use and occupy
rights-of-way within the City of Mesquite, for the construction and operation of
an electric transmission and distribution system, prescribing conditions
governing the use of the public rights-of-way, providing for compensation
therefore, providing for an effective date and a term of said franchise, providing
for written acceptance of this franchise, finding that the meetings at which this
ordinance is passed are open to the public, and providing for severability.
Approved on the Consent Agenda.
8 A resolution adopting the Public Housing Authority 5-Year and Annual Plan for
the Housing Choice Voucher Program.
Approved on the Consent Agenda.
Resolution No. 51-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADOPTING THE PUBLIC HOUSING AUTHORITY (“PHA”)
5-YEAR AND ANNUAL PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM.
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City Council Minutes - Final October 19, 2020
(Resolution No. 51-2020 recorded in Resolution Book No. 61.)
9 A resolution supporting the reconstruction of US Highway 80 in Mesquite and
authorizing the City Manager to execute an Agreement to Contribute
Right-of-Way Funds estimated at $651,000.00 with the Texas Department of
Transportation for highway improvements on US Highway 80 from IH 30 to east
of Belt Line Road (Sunnyvale Town Limits).
Approved on the Consent Agenda.
Resolution No. 52-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, SUPPORTING THE RECONSTRUCTION OF US HIGHWAY 80 IN
MESQUITE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
TO CONTRIBUTE RIGHT-OF-WAY FUNDS ESTIMATED AT $651,000.00 WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION FOR HIGHWAY IMPROVEMENTS ON
US HIGHWAY 80 FROM IH-30 TO EAST OF BELT LINE ROAD (SUNNYVALE TOWN
LIMITS). (Resolution No. 52-2020 recorded in Resolution Book No. 61.)
11 RFP No. 2020-077 - Parks Master Plan.
(Authorize the City Manager to finalize and execute a contract with Dunaway
Associates, L.P., in the amount of $155,415.00.)
Approved on the Consent Agenda.
12 Bid No. 2020-112 - Annual Contract for Paint and Body Services.
(Authorize the City Manager to finalize and execute a contract with Town East
Ford in the amount of $324,500.00. The term of this contract is for one-year,
with four additional one-year renewal options, subject to annual appropriation of
sufficient funds.)
Approved on the Consent Agenda.
13 Bid No. 2021-005 - Annual Contract for Internet Auctioning Services.
(Staff recommends award to Rene’ Bates Auctioneers, Inc., through BuyBoard
Contract No. 620-20, sponsored by the Texas Association of School Boards, for
a commission of 7.5 percent of gross sales. 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.
14 Authorize the City Manager to finalize and execute a Water Disconnection
Agreement with Talty Special Utility District.
Approved on the Consent Agenda.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
7 A resolution authorizing the City Manager to finalize and execute a development
agreement between the City of Mesquite, Texas, and HC Solterra, LLC,
regarding the development of approximately 1,424.398 acres of land generally
located southwest of East Cartwright Road and both northwest and southeast
of Faithon P. Lucas, Sr., Boulevard within the corporate limits of the City of
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City Council Minutes - Final October 19, 2020
Mesquite, Texas, in Dallas County, Texas, as a master-planned development
consisting of residential and commercial mixed uses; authorizing the City
Manager to take such actions and execute such documents as are necessary
or advisable to consummate the transactions contemplated by the agreement
and authorizing the City Manager to administer the agreement on behalf of the
City.
Cliff Keheley, City Manager, read comments submitted by Terri White, 505 Riggs
Circle, regarding Solterra Development's sustainability and native plant usage.
Mr. Aleman moved to approve the resolution as presented to the City Council at
tonight’s meeting, authorizing the City Manager to finalize and execute the
development agreement as most recently presented to the City Council and to
include the revisions discussed in tonight’s Pre-Meeting, Resolution No. 53-2020,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS,
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF MESQUITE, TEXAS, AND HC SOLTERRA,
LLC, REGARDING THE DEVELOPMENT OF APPROXIMATELY 1,424.398 ACRES OF
LAND GENERALLY LOCATED SOUTHWEST OF EAST CARTWRIGHT ROAD AND
BOTH NORTHWEST AND SOUTHEAST OF FAITHON P. LUCAS SR. BOULEVARD
WITHIN THE CORPORATE LIMITS OF THE CITY OF MESQUITE, IN DALLAS
COUNTY, TEXAS, AS A MASTER- PLANNED DEVELOPMENT CONSISTING OF
RESIDENTIAL AND COMMERCIAL MIXED USES (THE “AGREEMENT”);
AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH
DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE
TRANSACTIONS CONTEMPLATED BY THE AGREEMENT; AUTHORIZING THE CITY
MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY; AND
PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Ms. Wisdom and
approved unanimously. (Resolution No. 53-2020 recorded in Resolution Book No.
61.)
10 Bid No. 2020-012 - Kaufman County Large Diameter Transmission Water Main
Project.
(Authorize the City Manager to finalize and execute a contract with lowest
responsible bidder S.J. Louis Construction of Texas, LTD, in the amount of
$10,192,834.35.)
John Rowan, representing low bidder Excel Trenching, requested the City
Council consider awarding the bid to Excel Trenching.
Mr. Aleman moved to award Bid No. 2020-012, Kaufman County Large Diameter
Transmission Water Main Project, to the lowest responsible bidder S.J. Louis
Construction of Texas, LTD, and authorize the City Manager to finalize and
execute a contract in the amount of $10,192,834.35. Motion was seconded by Ms.
Wisdom and approved unanimously.
END OF CONSENT AGENDA
APPOINTMENTS TO BOARDS AND COMMISSIONS
15 Consider appointment of four regular members and one alternate member to
the Parks and Recreation Advisory Board and Tree Board for terms to expire
October 21, 2022.
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City Council Minutes - Final October 19, 2020
Mr. Green moved to appoint L.C. Williams, Kenneth Burris and Keith Briggs as
regular members to the Parks and Recreation Advisory Board and Tree Board,
change the appointment of Quinton Middleton from an alternate member to a
regular member and appoint Steve Bragg as an alternate member, all for terms
to expire October 21, 2022. Motion was seconded by Mr. Aleman and approved
unanimously.
16 Consider appointment of one regular member and one alternate member to the
Planning and Zoning Commission/Capital Improvements Advisory Committee
for terms to expire December 31, 2020.
Mr. Miklos moved to change the appointment of Millie Arnold from an alternate
member (Alternate No. 2) to a regular member (Position No. 2) to the Planning
and Zoning Commission/Capital Improvements Advisory Committee and to
appoint Brandon Murden as an alternate member (Alternate No. 2) for terms to
expire December 31, 2020. Motion was seconded by Mr. Green and approved
unanimously.
PUBLIC HEARINGS
18 Conduct a public hearing and consider a resolution approving the terms and
conditions of a program to promote local economic development and stimulate
business and commercial activity in the City of Mesquite; authorizing the City
Manager to finalize and execute an economic development program agreement
(Chapter 380 Agreement) for such purposes with Skyline Commerce Center
Owner, LP, (Conor Commercial Real Estate) for the development of two
industrial buildings consisting of approximately 197,600 cumulative square feet
on approximately 12.38 acres of real property located at the southeast corner of
Buckner Boulevard and Interstate Highway 30 in Mesquite, Texas; and
authorizing the City Manager to administer the agreement on behalf of the City.
A public hearing was held to consider a Chapter 380 agreement with Skyline
Commerce Center Owner, LP, (Conor Commercial Real Estate) for the
development of two industrial buildings consisting of approximately 197,600
cumulative square feet on approximately 12.38 acres of real property located at
the southeast corner of Buckner Boulevard and Interstate Highway 30.
David Witcher, Director of Economic Development, stated that Conor Commercial
Real Estate is part of The McShane Companies and focuses on industrial, office
and multi-family projects. This project consists of two industrial buildings totaling
197,600 square feet on a 12.38-acre site located at the southeast corner of
Buckner Boulevard and Interstate Highway 30. The developer’s obligation is to
complete construction by December 31, 2023 and obtain a Certificate of
Occupancy for one or more tenants for 98,000 square feet of lease space by
December 31, 2023. The City’s obligation is to reimburse water and sewer impact
fees up to $100,000.00 upon issuance of the first Certificate of Occupancy.
No one appeared regarding the proposed Chapter 380 agreement.
Mr. Green moved to approve Resolution No. 54-2020, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY OF
MESQUITE; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN
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City Council Minutes - Final October 19, 2020
ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (CHAPTER 380 AGREEMENT)
FOR SUCH PURPOSES WITH SKYLINE COMMERCE CENTER OWNER, LP, FOR THE
DEVELOPMENT OF TWO INDUSTRIAL BUILDINGS CONSISTING OF A TOTAL OF
APPROXIMATELY 197,600 CUMULATIVE SQUARE FEET ON APPROXIMATELY
12.38 ACRES OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
BUCKNER BOULEVARD AND INTERSTATE HIGHWAY 30 IN MESQUITE, TEXAS;
AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON
BEHALF OF THE CITY. Motion was seconded by Mr. Miklos and approved
unanimously. (Resolution No. 54-2020 recorded in Resolution Book No. 61.)
19 Conduct a public hearing and consider an ordinance for Zoning Text
Amendment No. 2020-05 by amending Mesquite Zoning Ordinance Section
3-203, Schedule of Permitted Uses; Section 3-507, Coin-Operated Amusement
Devices; pertaining to new and revised regulations for amusement devices,
game machines, video games and similar devices.
(This item was postponed at the August 17, 2020, City Council meeting. The
Planning and Zoning Commission recommends approval of the zoning text
amendment.)
A public hearing was held for Zoning Text Amendment No. 2020-05.
Jeff Armstrong, Director of Planning and Development Services, stated that the
proposed text amendment will establish separation requirements for amusement
devices, game machines, video games and similar devices from churches,
schools or hospitals. The amendment will also identify which principle uses a
game machine may be associated with as an accessory use. Establishments with
coin-operated amusement devices in use will have until January 1, 2021, to
modify or retrofit their premises to comply with the new regulations. The State
authorizes game machines be prohibited within 300 feet of a church, school or
hospital and staff recommends adding this prohibition to the amendment.
Mr. Armstrong stated that the City Tax Office currently mails letters annually to all
establishments with game machines. A license, in the form of a sticker, is issued
each year at the cost of $7.50 per game machine and enforcement is conducted
by the Building Inspection Division. Mr. Armstrong reviewed the implementation
process and proposed moving the responsibility of the issuance of stickers and
mailing of annual letters to the Building Inspection Division. With this year’s
letter, the City will notify all establishments with game machines of the changes
and that compliance must be achieved by January 1, 2021. Businesses requesting
new game machine licenses will be required to follow the new guidelines. City
inspectors will follow-up at all locations in January 2021 to ensure compliance.
No one appeared regarding the proposed amendment.
Ms. Wisdom moved to approve Zoning Text Amendment No. 2020-05, as
recommended by the Planning and Zoning Commission, and to change the
maximum number of machines allowed to qualify as an acessory use from four
to two, and to approve Ordinance No. 4820, AN ORDINANCE OF THE CITY OF
MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY
AMENDING SECTION 3-203 FOR COIN-OPERATED AMUSEMENT DEVICES
OPERATING AS AN ACCESSORY USE AND AS A MAIN USE BY
CROSS-REFERENCING APPLICABLE REGULATIONS; AMENDING SECTION 3-507,
“COIN-OPERATED AMUSEMENT DEVICES,” TO LIMIT MAIN USES TO WHICH
COIN-OPERATED AMUSEMENT DEVICES MAY BE AN ACCESSORY USE, ADD
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City Council Minutes - Final October 19, 2020
APPLICABLE SPACING REQUIREMENTS, MEASUREMENT CALCULATIONS, A
COMPLIANCE DATE, DEFINITION, AND A PENALTY AND ENFORCEMENT
PROVISION; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded
by Mr. Aleman and approved unanimously. (Ordinance No. 4820 recorded in
Ordinance Book No. 122.)
20 Conduct a public hearing and consider an ordinance for Zoning Text
Amendment No. 2020-07 to the Mesquite Zoning Ordinance, by making certain
deletions and additions to various sections all pertaining to the applicable
approval criteria for Special Exceptions.
(The Planning and Zoning Commission recommended approval of the zoning
text amendment.)
A public hearing was held for Zoning Text Amendment No. 2020-07.
Jeff Armstrong, Director of Planning and Development Services, stated that the
Mesquite Zoning Ordinance allows the Board of Adjustment to grant special
exceptions to certain requirements within the zoning ordinance. Various sections
of the Zoning Ordinance have criteria for specific special exceptions and the
proposed amendment clarifies that Section 5-206 and the specific criteria are
applicable.
No one appeared regarding the proposed text amendment.
Mr. Green moved to approve Zoning Text Amendment No. 2020-07, as
recommended by the Planning and Zoning Commission, and to approve
Ordinance No. 4821, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING THE MESQUITE ZONING ORDINANCE, AS PREVIOUSLY AMENDED, BY
MAKING CERTAIN DELETIONS AND ADDITIONS TO VARIOUS SECTIONS ALL
PERTAINING TO THE APPLICABLE APPROVAL CRITERIA FOR SPECIAL
EXCEPTIONS; SAID SECTIONS INCLUDE SECTION 1-302, NONCONFORMING
USES; SECTION 1-303, NONCONFORMING STRUCTURES AND PREMISES;
SECTION 1-603, SPECIAL EXCEPTIONS; SECTION 1-702, ACCESSORY
TELECOMMUNICATIONS FACILITIES; SECTION 1A-403, APPLICATION TO REMOVE
PROTECTED TREE; SECTION 2-201, GENERAL USE REGULATIONS; SECTION
2-305, SPECIAL EXCEPTIONS; SECTION 2-603, PERMITTED MODIFICATIONS –
SPECIFIC STRUCTURES; SECTION 2-604, SPECIAL EXCEPTIONS; SECTION 3-201,
GENERAL USE REGULATIONS; SECTION 3-403, SPECIAL EXCEPTIONS; SECTION
3-702, PERMITTED MODIFICATIONS – SPECIFIC STRUCTURES; SECTION 3-703,
SPECIAL EXCEPTION; AND SECTION 5-206 SPECIAL EXCEPTION; PROVIDING A
REPEALING CLAUSE; PROVIDING A CONFLICTS RESOLUTION CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE IN AN
AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING
FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Motion was seconded
by Mr. Boroughs and approved unanimously. (Ordinance No. 4821 recorded in
Ordinance Book No. 122.)
21 Conduct a public hearing and consider an ordinance for Zoning Text
Amendment No. 2020-09 to the Mesquite Zoning Ordinance, by making certain
additions and deletions to sections in Part 2 “Residential Districts” pertaining to
requirements for off-street parking in residential districts; and amending Chapter
9 and Chapter 10 of the City Code thereby updating certain regulations and
offenses regarding the parking and storing of commercial motor vehicles,
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City Council Minutes - Final October 19, 2020
oversized vehicles, recreational vehicles (RVs) and trailers in residential
districts.
(The Planning and Zoning Commission recommended approval of the zoning
text amendment.)
A public hearing was held for Zoning Text Amendment No. 2020-09.
No one appeared regarding the proposed amendment.
Mr. Miklos moved to postpone consideration of Zoning Text Amendment No
2020-09, with the public hearing remaining open, until the November 2, 2020, City
Council meeting. Motion was seconded by Mr. Green and approved unanimously.
A brief recess was taken at 8:39 p.m. The meeting resumed at 8:48 p.m.
STAFF PRESENTATIONS
3 Discuss campaign finance and contribution limitations.
It was Council consensus to direct the City Attorney to prepare an ordinance for
future Council consideration.
ADJOURNMENT
Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Smith and
approved unanimously. The meeting adjourned at 9:45 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Bruce Archer, Mayor
City of Mesquite, Texas Page 9
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, October 19, 2020 5:00 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
1. All persons present at the meeting location must observe social distancing by remaining a minimum of
six (6) feet from other meeting participants and must wear a covering over their nose and mouth.
2. Members of the public desiring to comment during Citizens Forum must preregister as follows:
a. Send an email to the City Secretary on or before 3:00 p.m., on October 19, 2020. The email address is
sland@cityofmesquite.com. The phone number is 972-216-6244.
b. Provide the City Secretary with your name and address.
3. Comments on agenda items may be made during the meeting or by submission on or before 3:00 p.m.,
on October 19, 2020, to the following email address: sland@cityofmesquite.com.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 20-5050 Receive briefing regarding Trinity Valley Electric Cooperative operations
and proposed franchise agreement.
Attachments: Background Summary
2 20-5054 Receive briefing regarding ordinance amendments to the Mesquite Zoning
Ordinance and Chapters 9 and 10 of the 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.
3 20-5060 Discuss campaign finance and contribution limitations.
Attachments: Exhibit to Proposed Ordinance.pdf
(Any staff presentation not completed prior to the City Council Regular Meeting in the City Council
Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular
Meeting.)
City of Mesquite, Texas Page 1 Monday, October 19, 2020
City Council Meeting Agenda October 19, 2020
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:00 P.M.
In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to
adjourn into executive session to discuss any of the following:
• Pending and/or Contemplated Litigation
• Purchase, Exchange, Lease or Value of Real Property
• Personnel Matters
• Economic Development
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Tony Rorie, The Men and Ladies of Honor.
PLEDGE OF ALLEGIANCE
City of Mesquite Staff.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
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 exceeding 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.
CITIZENS COMMENTS
At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a
length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the
Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for
a public hearing is requested to hold their comments until the public hearing on that item.
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.)
4 20-5044 Minutes of the regular City Council meetings held September 28, 2020,
and October 5, 2020.
Attachments: 09.28.2020m
10.05.2020m.pdf
City of Mesquite, Texas Page 2 Monday, October 19, 2020
City Council Meeting Agenda October 19, 2020
5 20-5031 An ordinance amending Chapter 9 of the City Code thereby providing a
new school zone for Trinity Basin Preparatory School and a revised
school zone for Vanston Middle School.
Attachments: Ordinance
Oates Drive School Zone Location Map
East Meadows School Zone Location Map
6 20-5053 An ordinance, on first reading, granting to Trinity Valley Electric
Cooperative, Inc., its successors and assigns, the nonexclusive right to use
and occupy rights-of-way within the City of Mesquite, for the construction
and operation of an electric transmission and distribution system,
prescribing conditions governing the use of the public rights-of-way,
providing for compensation therefore, providing for an effective date and
a term of said franchise, providing for written acceptance of this franchise,
finding that the meetings at which this ordinance is passed are open to the
public, and providing for severability.
Attachments: Proposed Franchise Ordinance
TVEC CCN and Board District Boundary Location Map
TVEC Tariff
TVEC Bylaws
7 20-5065 A resolution authorizing the City Manager to finalize and execute a
development agreement between the City of Mesquite, Texas, and HC
Solterra, LLC, regarding the development of approximately 1,424.398
acres of land generally located southwest of East Cartwright Road and
both northwest and southeast of Faithon P. Lucas, Sr., Boulevard within
the corporate limits of the City of Mesquite, Texas, in Dallas County, Texas,
as a master-planned development consisting of residential and
commercial mixed uses; authorizing the City Manager to take such actions
and execute such documents as are necessary or advisable to
consummate the transactions contemplated by the agreement and
authorizing the City Manager to administer the agreement on behalf of the
City.
Attachments: Resolution.pdf
8 20-5052 A resolution adopting the Public Housing Authority 5-Year and Annual
Plan for the Housing Choice Voucher Program.
Attachments: Resolution.pdf
9 20-5029 A resolution supporting the reconstruction of US Highway 80 in Mesquite
and authorizing the City Manager to execute an Agreement to Contribute
Right-of-Way Funds estimated at $651,000.00 with the Texas Department
of Transportation for highway improvements on US Highway 80 from IH
30 to east of Belt Line Road (Sunnyvale Town Limits).
City of Mesquite, Texas Page 3 Monday, October 19, 2020
City Council Meeting Agenda October 19, 2020
Attachments: Resolution
US 80-RCSJ-0095-02-122-AGREEMENT
US 80-RCSJ-0095-02-123-AGREEMENT
US 80-RCSJ-0095-10-056-AGREEMENT
10 20-5049 Bid No. 2020-012 - Kaufman County Large Diameter Transmission Water
Main Project.
(Authorize the City Manager to finalize and execute a contract with lowest
responsible bidder S.J. Louis Construction of Texas, LTD, in the amount of
$10,192,834.35.)
Attachments: Recommendation Letter.pdf
Bid Tabulation
Location Map
11 20-4773 RFP No. 2020-077 - Parks Master Plan.
(Authorize the City Manager to finalize and execute a contract with
Dunaway Associates, L.P., in the amount of $155,415.00.)
12 20-5047 Bid No. 2020-112 - Annual Contract for Paint and Body Services.
(Authorize the City Manager to finalize and execute a contract with Town
East Ford in the amount of $324,500.00. The term of this contract is for
one-year, with four additional one-year renewal options, subject to annual
appropriation of sufficient funds.)
Attachments: Award Scoring Matrix
13 20-5022 Bid No. 2021-005 - Annual Contract for Internet Auctioning Services.
(Staff recommends award to Rene’ Bates Auctioneers, Inc., through
BuyBoard Contract No. 620-20, sponsored by the Texas Association of
School Boards, for a commission of 7.5 percent of gross sales. 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.)
14 20-5043 Authorize the City Manager to finalize and execute a Water Disconnection
Agreement with Talty Special Utility District.
Attachments: Water Disconnection Agreement
APPOINTMENTS TO BOARDS AND COMMISSIONS
15 20-5051 Consider appointment of four regular members and one alternate
member to the Parks and Recreation Advisory Board and Tree Board for
terms to expire October 21, 2022.
Attachments: Personal Data Form - Steve Bragg
16 20-5072 Consider appointment of one regular member and one alternate member
to the Planning and Zoning Commission/Capital Improvements Advisory
City of Mesquite, Texas Page 4 Monday, October 19, 2020
City Council Meeting Agenda October 19, 2020
Committee for terms to expire December 31, 2020.
Attachments: Personal Data Form - Brandon Murden
OTHER BUSINESS
17 20-5066 Consider appointment of the Municipal Court Judge for the City of
Mesquite, Texas, effective November 13, 2020, and authorize the Mayor to
execute an employment agreement between the City of Mesquite, Texas,
and Municipal Court Judge.
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.)
18 20-5064 Conduct a public hearing and consider a resolution approving the terms
and conditions of a program to promote local economic development and
stimulate business and commercial activity in the City of Mesquite;
authorizing the City Manager to finalize and execute an economic
development program agreement (Chapter 380 Agreement) for such
purposes with Skyline Commerce Center Owner, LP, (Conor Commercial
Real Estate) for the development of two industrial buildings consisting of
approximately 197,600 cumulative square feet on approximately 12.38
acres of real property located at the southeast corner of Buckner
Boulevard and Interstate Highway 30 in Mesquite, Texas; and authorizing
the City Manager to administer the agreement on behalf of the City.
Attachments: Chapter 380 Agreement Summary
Resolution
19 20-4986 Conduct a public hearing and consider an ordinance for Zoning Text
Amendment No. 2020-05 by amending Mesquite Zoning Ordinance Section
3-203, Schedule of Permitted Uses; Section 3-507, Coin-Operated
Amusement Devices; pertaining to new and revised regulations for
amusement devices, game machines, video games and similar devices.
(This item was postponed at the August 17, 2020, City Council meeting.
The Planning and Zoning Commission recommends approval of the zoning
text amendment.)
Attachments: Staff Memo
P&Z Minutes
Ordinance.pdf
20 20-4971 Conduct a public hearing and consider an ordinance for Zoning Text
Amendment No. 2020-07 to the Mesquite Zoning Ordinance, by making
certain deletions and additions to various sections all pertaining to the
applicable approval criteria for Special Exceptions.
City of Mesquite, Texas Page 5 Monday, October 19, 2020
City Council Meeting Agenda October 19, 2020
(The Planning and Zoning Commission recommended approval of the
zoning text amendment.)
Attachments: Staff Memo
P&Z Minutes
Ordinance
21 20-5055 Conduct a public hearing and consider an ordinance for Zoning Text
Amendment No. 2020-09 to the Mesquite Zoning Ordinance, by making
certain additions and deletions to sections in Part 2 “Residential Districts”
pertaining to requirements for off-street parking in residential districts;
and amending Chapter 9 and Chapter 10 of the City Code thereby
updating certain regulations and offenses regarding the parking and
storing of commercial motor vehicles, oversized vehicles, recreational
vehicles (RVs) and trailers in residential districts.
(The Planning and Zoning Commission recommended approval of the
zoning text amendment.)
Attachments: Ordinance
P&Z Minutes
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, et al – Filed 8-12-15; Cause No. 3:15-CV-02638-B; 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
City of Mesquite, Texas Page 6 Monday, October 19, 2020
City Council Meeting Agenda October 19, 2020
6. 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
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; Affirmed by Dallas Court of Appeals, Case No. 05-19-00667-CV; Petition for
Review filed with Texas Supreme Court, Case No. 20-0553
8. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19
9. Patricia Brennan and Alyssa Sanders, Individually and as Heirs of Natalie Sanders v. City of Mesquite, et
al, Cause No. 3:10-CV-01263-L – Filed 5-24-19
10. 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
11. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed
5-22-20
12. Tejas Motel, L.L.C. v. City of Mesquite, Acting by and through its Board of Adjustment, Civil Action No.
3:20-cv-20-1982 – Filed 7-27-20
13. City of Mesquite v. Ulises Rivera, Jessica Rivera and 3509 Byrd Drive, Mesquite, Texas 75150 in rem,
Cause No. DC-20-12465 – Filed 9-3-20
14. City of Mesquite v. Thomas Chaddick, Catamount Properties 2018 L.L.C., and 1404 Quapaw Trail,
Mesquite, Texas 75149, in rem, Cause No. DC-20-13609 – Filed 9-17-20
15. Agustin Baena, et al v. The City of Mesquite, et al, Cause No. DC-20-14261– Filed 9-29-20
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, October 19, 2020
City Council Meeting Agenda October 19, 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, October 19, 2020
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