City Council

City of Mesquite, Texas Minutes - Final City Council Monday, November 2, 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 ordinance amendments to Chapter 4 of the City Code, thereby updating regulations and offenses regarding animals. Council directed staff to prepare an ordinance for consideration at a future City Council meeting. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:37 P.M. 2 Receive quarterly report from the Police Department. Charles Cato, Police Chief, presented the quarterly report for the Mesquite Police Department (MPD) for July – September 2020. He reviewed the number of vacant positions – 19 police officers, six public safety dispatchers and two detention officers. Some of the recruiting challenges the MPD is facing include cancelled college fairs and closed military bases due to the COVID-19 pandemic. Chief Cato reviewed the performance metrics of total National Incident Based Reporting System (NIBRS) crimes, murder, rape, robbery, aggravated assault, burglary, thefts and motor vehicle thefts. Overall, the total number of crimes are trending downward. The NIBRS is the new federal reporting system which is transitioning from the Uniform Crime Reporting system. Chief Cato reviewed the 10 homicides that the MPD has investigated in 2020. Shoplifting and burglary of motor vehicles (BMVs) account for most crimes in the city. The majority of BMVs are due to unlocked vehicles. Chief Cato provided an update regarding the convenience store ordinance. A total of 121 businesses have been identified with eight businesses achieving compliance. There are 36 businesses remaining to be inspected for compliance and all but four businesses have been mailed a copy of the new requirements. All 121 businesses have been visited in person by MPD staff. Code Enforcement staff has accompanied MPD staff to 20 percent of the convenience store locations. Stores that are open 24 hours are subject to this ordinance. Councilmembers expressed appreciation to Chief Cato and the MPD for their dedication to the community. City of Mesquite, Texas Page 1 City Council Minutes - Final November 2, 2020 A brief recess was taken at 7:16 p.m. The meeting resumed at 7:21 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:21 P.M. INVOCATION John Lay, Lead Pastor, Church on the Hill, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Fire Corps. SPECIAL ANNOUNCEMENTS 1. The Mesquite Fire Corps presented a plaque to former Fire Chief Mark Kerby in honor of his retirement. 2. Paulette Hartman, Deputy City Manager for the City of North Richland Hills and representative of the Texas City Management Association (TCMA), stated that the TCMA Board of Directors voted to create the “Valerie Bradley Assistant of the Year Award” in honor of former City of Mesquite employee Valerie Bradley and Valerie’s dedication to serving the city management profession and developing city managers of tomorrow by instilling in them a dedication to ethical service and passion for public service. The first award was presented in Valerie’s memory to Rob and Jake Bradley and family. 3. Mr. Aleman announced that the City is offering residents access to free mental health counseling and referral services through a new partnership with the AZAR Foundation. This is the first step as part of a large, comprehensive plan by the City to address mental health concerns for public safety responding to calls for service. The AZAR Foundation will prioritize service to those residents referred by the Mesquite Police Department. 4. Mr. Aleman stated that Windsor Florist, 201 West Main Street, will host the annual Christmas Open House on Thursday, November 12, 2020, from Noon to 7:00 p.m. This event will kick-off the Mesquite Police Santa Cop Toy Program and serve as a Food Drive for Sharing Life Community Outreach. 5. Mr. Aleman reminded residents of the “Project Porch Light” campaign. The use of exterior lighting, such as front porch lights and landscape lights, help discourage criminal activity in neighborhoods. 6. Mr. Smith stated that on Saturday, October 24, 2020, the Mesquite Police Department (MPD) took part in the Drug Enforcement Administration’s “National Prescription Drug Take-Back Day.” MPD collected 16 boxes of unwanted prescription drugs weighing 325 pounds. These unwanted drugs will be safely destroyed. 7. Mr. Boroughs announced that last week, Downtown Mesquite earned the prominent Texas Downtown Association award for the “Best Traditional Promotion Event” for the Front Street Station groundbreaking. He thanked Downtown Manager Beverly Abell and all volunteers who made this possible. 8. Mr. Miklos stated that he was honored to join City Manager Cliff Keheley for a historic event. After nearly four years of negotiations with the North Texas Municipal Water District, Mesquite residents can anticipate a better water rate structure in the future. Mesquite joined other member cities and the district to ceremoniously sign a new agreement. Anticipating this new agreement, no rate increases for Mesquite residents were implemented by the City for the upcoming year. City of Mesquite, Texas Page 2 City Council Minutes - Final November 2, 2020 9. Mr. Green stated that tomorrow, November 3, 2020, is Election Day. The Mesquite Convention Center and Exhibit Hall, 1700 Rodeo Drive, was selected by the Dallas County Elections Department to serve as a polling location, which will host walk-in and curbside voting. The City’s transportation partner, STAR Transit, will be offering free, round-trip rides to local polling places. He encouraged citizens to take advantage of this opportunity. 10. Ms. Wisdom announced that the City still has funds available to aid residents who have been financially impacted by the COVID-19 pandemic. These funds can be used to pay rent, mortgage and utilities, such as electric, gas and internet. Residents can receive as much as $1,500.00 per month for six months, depending on eligibility. Mesquite residents can apply for funding before November 30, 2020, through Catholic Charities Dallas. 11. Ms. Wisdom stated that beginning Wednesday, November 4, 2020, and continuing for the next few weeks, the Mayor will visit residents and businesses in District 1. 12. Mayor Archer stated that the City will not host a public dedication ceremony for the new Mesquite Veterans Memorial due to the COVID-19 pandemic. The memorial will be open to the public on Saturday, November 7, 2020. He invited citizens to visit but observe social distancing and adhere to public health guidelines. In the near future, a private event will be held to recognize some corporate partners and others who contributed greatly to the memorial. 13. Mayor Archer recognized his uncle, Don Archer, former Mesquite Police Officer, and cousin, Todd Archer, who were in attendance tonight. OTHER BUSINESS 3 A. Confirm City Manager’s appointment of Russell Wilson as Fire Chief for the City of Mesquite effective November 2, 2020. B. Administer Oath of Office to Fire Chief Russell Wilson. Cliff Keheley, City Manager, introduced Russell Wilson as the new Fire Chief for the City of Mesquite, effective November 2, 2020. Mr. Green moved to confirm the City Manager's appointment of Russell Wilson as Fire Chief of the City of Mesquite, effective November 2, 2020. Motion was seconded by Mr. Boroughs and approved unanimously. Mayor Archer administered the Oath of Office to Fire Chief Russell Wilson. CONSENT AGENDA Approval of the Consent Agenda Mr. Green moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and approved unanimously. 4 Minutes of the special City Council meeting held October 15, 2020, and the regular City Council meeting held October 19, 2020. Approved on the Consent Agenda. 5 An ordinance, on second 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 City of Mesquite, Texas Page 3 City Council Minutes - Final November 2, 2020 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. 6 An emergency measure ordinance of the City of Mesquite, Texas, authorized pursuant to Mesquite City Charter, Article IV, Section 18 and Section 19; continuing the Mayor’s Declaration of Local State of Disaster for Public Health Emergency related to COVID-19 issued on March 23, 2020, and as further continued and authorized by Ordinance No. 4773, Ordinance No. 4781, Ordinance No. 4784, Ordinance No. 4793, and Ordinance 4804; confirming the continued activation of the City’s emergency management plans; adopting and approving certain rules and orders to protect the health and safety of persons in the City and to help abate the public health emergency; authorizing the City Manager or his designee to make certain decisions and to take necessary actions to meet City objectives to have City government remain functional while providing essential governmental services during this rapidly changing environment created by the public health emergency; making various findings and provisions related to the subject; making it an offense to fail to comply with a state, local, or interjurisdictional emergency management plan or any rule, order, or ordinance adopted under the plan and providing a penalty in an amount not to exceed one thousand dollars ($1,000.00) for each offense. Approved on the Consent Agenda. Ordinance No. 4822, AN EMERGENCY MEASURE ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AUTHORIZED PURSUANT TO MESQUITE CITY CHARTER, ARTICLE IV, SECTION 18 AND SECTION 19; CONTINUING THE MAYOR’S DECLARATION OF LOCAL STATE OF DISASTER FOR PUBLIC HEALTH EMERGENCY RELATED TO COVID-19 ISSUED ON MARCH 23, 2020, AND AS FURTHER CONTINUED AND AUTHORIZED BY ORDINANCE NO. 4773, ORDINANCE NO. 4781, ORDINANCE NO. 4784, ORDINANCE NO. 4793, AND ORDINANCE NO. 4804; CONFIRMING THE CONTINUED ACTIVATION OF THE CITY’S EMERGENCY MANAGEMENT PLANS; ADOPTING AND APPROVING CERTAIN RULES AND ORDERS TO PROTECT THE HEALTH AND SAFETY OF PERSONS IN THE CITY AND TO HELP ABATE THE PUBLIC HEALTH EMERGENCY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN DECISIONS AND TO TAKE NECESSARY ACTIONS TO MEET CITY OBJECTIVES TO HAVE CITY GOVERNMENT REMAIN FUNCTIONAL WHILE PROVIDING ESSENTIAL GOVERNMENTAL SERVICES DURING THIS RAPIDLY CHANGING ENVIRONMENT CREATED BY THE PUBLIC HEALTH EMERGENCY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; MAKING IT AN OFFENSE TO FAIL TO COMPLY WITH A STATE, LOCAL, OR INTERJURISDICTIONAL EMERGENCY MANAGEMENT PLAN OR ANY RULE, ORDER, OR ORDINANCE ADOPTED UNDER THE PLAN AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EFFECTIVE DATE; AND DECLARING AN EXPIRATION DATE. (Ordinance No. 4822 recorded in Ordinance Book No. 122.) 7 A resolution endorsing and accepting the 2020-2021 Click It or Ticket Safety Grant for the Selective Traffic Enforcement Program, approving the contribution City of Mesquite, Texas Page 4 City Council Minutes - Final November 2, 2020 of City funds in the amount of $1,541.61 and authorizing the City Manager to execute the necessary documents with the Texas Department of Transportation in connection with such grant and Program. Approved on the Consent Agenda. Resolution No. 55-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ENDORSING AND ACCEPTING THE 2020-2021 CLICK IT OR TICKET SAFETY GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM; APPROVING THE CONTRIBUTION OF CITY FUNDS IN THE AMOUNT OF $1,541.61; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH SUCH GRANT AND PROGRAM. (Resolution No. 55-2020 recorded in Resolution Book No. 61.) 8 A resolution authorizing the City Manager to complete and execute a Delegation of Signature Authority Approval form to delegate signature and approval authority to City staff relating to the Texas Department of Transportation public transportation projects. Approved on the Consent Agenda. Resolution No. 56-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO COMPLETE AND EXECUTE A DELEGATION OF SIGNATURE AUTHORITY APPROVAL FORM TO DELEGATE SIGNATURE AND APPROVAL AUTHORITY TO CITY STAFF RELATING TO THE TEXAS DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION PROJECTS. (Resolution No. 56-2020 recorded in Resolution Book No. 61.) 9 Bid No. 2021-008 - Annual Supply of Toro Commercial Mower Parts. (Staff recommends award to sole source provider Professional Turf Products, LP, for an amount not to exceed $65,000.00.) Approved on the Consent Agenda. 10 Bid No. 2021-010 - Annual Parts for International Trucks. (Staff recommends award to sole source provider Southwest International Trucks, Inc., for an amount not to exceed $130,000.00.) Approved on the Consent Agenda. 11 Bid No. 2021-013 - Annual Print Materials. (Staff recommends award to Ingram Library Services, through the Texas Procurement and Support Services [TPASS] Contract No. 715-M2, sponsored by Texas Smart Buy, in the amount of $127,000.00. The term of this contract is for one-year with three additional one-year renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 12 Bid No. 2021-015 - Airbus/Vesta E911 Equipment Upgrade. (Authorize the City Manager to execute a contract with AT&T Corporation, through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program Contract No. EC07-18, in the amount of $674,334.69.) City of Mesquite, Texas Page 5 City Council Minutes - Final November 2, 2020 Approved on the Consent Agenda. 13 Bid No. 2021-017 - Purchase of Firearms Simulator. (Staff recommends award to VirTra, through GSA Contract No. GS-02F-0214P, in the amount of $164,694.00.) Approved on the Consent Agenda. 14 Bid No. 2021-018 - Annual Supply of Personal Computers. (Staff recommends award to Dell, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-3763, in the amount of $311,471.74.) Approved on the Consent Agenda. 15 Bid No. 2021-019 - Purchase of Mobile Data Computers for Public Safety. (Staff recommends award to Dell, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-3763, in the amount of $347,680.00.) Approved on the Consent Agenda. 16 Bid No. 2021-020 - Hardware for Public Safety Computer Equipment Installation. (Staff recommends award to GTS Technology Solutions, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-3920, in the amount of $168,081.12.) Approved on the Consent Agenda. 17 Bid No. 2021-021 - Purchase of WatchGuard Video Systems for Police Department. (Staff recommends award to sole source provider WatchGuard, Inc ., in the amount of $1,242,285.06.) Approved on the Consent Agenda. 18 Bid No. 2021-022 - Purchase of Zumro Emergency Inflatable Shelters. (Staff recommends award to Comprehensive Communication Services, LLC, through DIR Contract #DIR-TSO-3915 in the amount of $101,637.31.) Approved on the Consent Agenda. 19 RFP No. 2021-025 - Annual Medical Plan Reinsurance (Stop Loss). (Authorize the City Manager to complete an application with HM Insurance Group to secure stop loss coverage for the City group medical plan.) Approved on the Consent Agenda. 20 Authorize the City Manager to finalize and execute the Work Order for the P 25 Public Safety Radio system maintenance and support with the City of Garland for the term of October 1, 2020, through September 30, 2021, in the amount of $122,787.00. City of Mesquite, Texas Page 6 City Council Minutes - Final November 2, 2020 Approved on the Consent Agenda. 21 Authorize the City Manager to finalize and execute an agreement with the Mesquite Independent School District to facilitate Coronavirus Aid, Relief, and Economic Security (CARES) Act funding for the purchase of electronic devices related to the COVID-19 by the City reimbursing Mesquite Independent School District for the purchase of electronic devices required for remote learning in an amount not to exceed $340,150.00. Approved on the Consent Agenda. 22 Authorize the City Manager to finalize and execute Contract Amendment No. 3 to the Professional Engineering Services Contract with Kimley-Horn and Associates, Inc., for additional design and permitting services related to the pump station, ground storage tank and large diameter water transmission main to provide water to tracts of land within Kaufman County in the amount of $124,300.00. Approved on the Consent Agenda. 23 Approve STAR Transit Policy #119, Title VI Program, applicable to all City of Mesquite public transit services. Approved on the Consent Agenda. PUBLIC HEARINGS 24 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 Agreement) to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an agreement for such purposes with Broadmoor Plaza Retail, LLC, for the major renovation and redevelopment of property located at 500 North Galloway Avenue, in the City of 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 Broadmoor Plaza for the major renovation and redevelopment of property located at 500 North Galloway Avenue, Mesquite, Texas. Cliff Keheley, City Manager, stated that Broadmoor Plaza Shopping Center was recently purchased and the new ownership plans to invest in updating the building to attract new tenants and improve the general appearance of the aging retail center. The new owners have requested an economic development incentive to assist with the costs for improvements which include a new façade, new signage, roof improvements and other structural improvements. Mr. Keheley stated the proposed incentive is based on the incremental increases in property value and sales tax generated on the property. Utilizing 2020 values and revenues, the owner is requesting 85 percent reimbursement of the city property taxes paid on any values that are higher than the base year of 2020. The owner is also requesting reimbursement of net sales tax revenue that is higher than the base year of 2020. The amount of the reimbursement would be 85 percent of one- and one-half cents of the sales tax collection. Mr. Keheley stated that the City of Mesquite, Texas Page 7 City Council Minutes - Final November 2, 2020 maximum incentive received is capped at $2,100,000 and is equivalent to 35 percent of the estimated costs of the improvements to the center. The term of the agreement is for 10 years. Oliver Robinson, representing Centennial Real Estate and Broadmoor Plaza Retail, LLC, stated that the owners purchased Broadmoor Plaza Shopping Center in 2018. Renovations are anticipated to begin in late November 2020. The entire facade will be rehabbed utilizing natural materials such as wood and metals and landscaping will be upgraded. No others appeared regarding the proposed Chapter 380 agreement. Mr. Boroughs moved to approve the resolution with the Chapter 380 agreement most recently presented to the City Council on Friday, October 30, 2020, Resolution No. 57-2020, 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; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT FOR SUCH PURPOSES WITH BROADMOOR PLAZA RETAIL, LLC, FOR THE MAJOR RENOVATION AND REDEVELOPMENT OF PROPERTY LOCATED AT 500 NORTH GALLOWAY AVENUE, IN THE CITY OF MESQUITE, TEXAS; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 57-2020 recorded in Resolution Book No. 61.) 25 Conduct a public hearing for Zoning Application No. Z0920-0148 submitted by Ghader Mirak for a Zoning Change from “C” - Commercial to “C” - Commercial with a Conditional Use Permit to allow a major reception facility with a modification to the Special Conditions requiring a 500-foot separation from any residential district, located at 3935 E. US Highway 80. (One response in favor and three in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends denial.) A public hearing was held for Application No. Z0920-0148. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant has requested consideration of Application No. Z0920-0148 be postponed for 30 days to allow time to address the neighborhood's concerns. No one appeared regarding the proposed application. At the request of the applicant, Mr. Green moved to keep the public hearing open and to postpone consideration of Zoning Application No. Z0920-0148 to the December 7, 2020, City Council meeting. Motion was seconded by Mr. Miklos and approved unanimously. 26 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, City of Mesquite, Texas Page 8 City Council Minutes - Final November 2, 2020 oversized vehicles, recreational vehicles (RVs) and trailers in residential districts. (The Planning and Zoning Commission recommends approval of the zoning text amendment. This item was postponed at the October 19, 2020, City Council meeting.) A public hearing was held for Zoning Text Amendment No. 2020-09. Raymond Rivas, Assistant City Manager, stated that the proposed amendment will help to alleviate on-street parking in neighborhoods throughout the City. Staff will begin public education efforts through the City’s website and printed materials. Code Enforcement officers will be providing educational materials when observing violations and will not issue citations until January 1, 2021, to allow time to educate residents with the changes. No one appeared regarding the proposed amendment. Mr. Green moved to approve Zoning Text Amendment No. 2020-09, as recommended by the Planning and Zoning Commission, and Ordinance No. 4823, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE, AS PREVIOUSLY AMENDED, 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 THE MESQUITE CITY CODE, AS PREVIOUSLY AMENDED, BY MAKING CERTAIN ADDITIONS AND DELETIONS UNDER CHAPTER 9 AND CHAPTER 10; THEREBY UPDATING CERTAIN REGULATIONS AND OFFENSES IN BOTH CHAPTERS REGARDING THE PARKING AND STORING OF COMMERCIAL MOTOR VEHICLES, OVERSIZED VEHICLES, RECREATIONAL VEHICLES (RVs), AND TRAILERS IN RESIDENTIAL DISTRICTS; 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. Aleman and approved unanimously. (Ordinance No. 4823 recorded in Ordinance Book No. 122.) ADJOURNMENT Mr. Aleman moved to adjourn the meeting. Motion was seconded by Mr. Boroughs and approved unanimously. The meeting adjourned at 8:21 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 9