City Council
Regular MeetingMesquite, TX · December 7, 2020
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, December 7, 2020 5:00 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
Present: Mayor Bruce Archer and Councilmembers Robert Miklos, Tandy Boroughs, Kenny Green and
B. W. Smith, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Deputy Mayor Pro Tem Dan Aleman and Councilmember Sherry Wisdom.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing to consider ordinance amendments, thereby updating
regulations regarding hens in residential areas.
2 Discuss changes to the noise ordinance.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:36 P.M.
3 Receive Neighborhood Services Environmental Code quarterly report for the
period of July 1, 2020, through September 30, 2020.
Maria Martinez, Director of Neighborhood Services, reviewed the fourth quarter
statistics for Fiscal Year (FY) 2019-2020 and stated there has been a decrease in
the number of violations proactively identified with an increase in the number of
complaints largely due to more residents utilizing the myMesquite app. The
number of citations issued slightly increased. The code case average, which is
the number of days from when the code violation is opened until closed, was 18
days. Voluntary compliance was 86 percent for this quarter. Ms. Martinez
reviewed the fourth quarter citation dispositions, the top four code violations —
high grass; trash, junk and debris; overhanging limbs and landscaping and
vegetation maintenance — and the Vacant Property Maintenance program
statistics.
The work session ended at 6:53 p.m.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M.
INVOCATION
Mike Pettitt, Lead Pastor, Connection Pointe, Mesquite, Texas.
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City Council Minutes - Final December 7, 2020
PLEDGE OF ALLEGIANCE
City Secretary Sonja Land.
SPECIAL ANNOUNCEMENTS
1. Mr. Smith reminded citizens to be careful and safe during the COVID-19 holiday season by wearing
a mask, washing your hands and watching your distance by staying six feet away from others.
2. Mr. Smith stated that he recently visited several shopping strip centers in District 5. He reminded
the business owners to call 911 if any suspicious activity is observed.
3. Mr. Smith stated that the Mesquite Police Department would like to remind residents not to be a
victim of opportunity during the holiday season by following these tips: “9 P.M. Routine” – Each night,
turn on front porch lights and make sure all vehicles are locked; “Take, Lock, Hide” – Remember to lock
vehicle doors while out shopping and remove all packages from sight; “Porch Pirates” – Require a
signature for deliveries or ask a neighbor to remove packages from your porch to prevent criminals,
who follow delivery trucks, from stealing packages off of your porch; and “Safe Exchange Zone” –
Utilize the safe exchange zone in the Mesquite Police Department front parking lot to exchange internet
sales merchandise.
4. Mr. Boroughs acknowledged Downtown Development Manager Beverly Abell, volunteers and the
Mesquite Downtown Development Advisory Board for their efforts in two recent holiday events. “Small
Business Saturday,” as part of the “Shop Mesquite” campaign, helped to boost sales for locally owned
stores and restaurants in Downtown Mesquite. Also, the drive -through version of “Christmas on the
Square” was very successful. It gave citizens the opportunity to participate in this holiday event from the
safety of their vehicle.
5. Mr. Boroughs stated that Friday, December 18, 2020, is the last day to order a commemorative
brick to be placed in the Walk of Honor at the new Mesquite Veterans Memorial.
6. Mr. Miklos encouraged citizens to complete the online survey regarding residential and commercial
solid waste services. The City is requesting public input through Thursday, December 31, 2020.
Citizens will also have the opportunity to participate in two online workshops to offer additional input on
Tuesday, December 15, 2020, and Thursday, December 17, 2020. Community feedback will aid the
City in drafting a proposed 20-year Solid Waste Master Plan.
7. Mr. Green encouraged residents to take advantage of the longer -term payment plans available to
help residents who are struggling to pay City water bills due to the COVID-19 pandemic.
8. Mr. Green thanked Elizabeth Harrell, Director of Parks and Recreation, and staff for a very
successful drive-through “Christmas in the Park” event this past Saturday and Sunday at Westlake
Park. Approximately 700 vehicles participated each day in this safe holiday event.
9. Mr. Green reminded citizens to shop local during this holiday season and support local businesses
and restaurants.
10. Mr. Archer stated that on December 7, 1941, many servicemen lost their lives at Pearl Harbor and
asked citizens to remember those that made the ultimate sacrifice for our country.
11. Mr. Archer stated that a shooting took place last Saturday night, December 5, 2020, in South
Mesquite and this Council will not accept this type of behavior. He asked citizens to be alert, know your
neighbors, drive your neighborhood to be an extra set of eyes and if you see something, say something .
He called on the crime watch leaders to stay in contact with residents in their neighborhoods and keep
them informed.
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City Council Minutes - Final December 7, 2020
12. City Manager Cliff Keheley stated that several years ago, the City had a rash of parties being held at
short-term rentals which was addressed through the Rental Certificate of Occupancy Program. Staff
will be presenting information to Council, in the near future, regarding party house rentals. He stated
that the City has been watching the house where the shooting took place and a few incidents have been
diverted. The City will address issues with the owner of the property as soon as the investigation has
been completed. He stated that the action the City takes will be significant and will create a change. He
asked residents to report any issues that they may see with a short -term rental that is being used for
parties so that the Police Department will be informed and can take the appropriate action. He assured
residents that City staff is taking this incident very seriously.
PRESENTATIONS
4 Receive presentation regarding the 2019 Meritorious Conduct Awards to Police
Department employees.
Mayor Archer stated that due to the COVID-19 pandemic, the 2019 Police
Department Meritorious Conduct Awards will be presented via video. The
purpose of these awards is to recognize the achievements and outstanding
service of members of the Mesquite Police Department and citizens of Mesquite.
The following persons were honored in a video presentation:
Citizen’s Certificate of Merit - Jessica Coppinger
Life Saving Award - Christopher Griner, Dwayne King and Alex Sparling (not
present)
Certificate of Merit - Timothy Rountree and Brandon Snyder
Certificate of Civic Achievement - Sgt. Hines Perry
Civilian of the Year - Patrick Pellegrini
Sergeant H. Kent Tyler Award (Officer of the Year) - Timothy Rountree
CITIZENS FORUM
John Curts, 904 Winchester Lane, and Mitchel Castaneda, 2416 Baretta Drive, expressed concerns
regarding the recent shooting in their neighborhood.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Miklos requested that Item No. 18 be removed from the Consent Agenda to be
considered separately. Mr. Green moved to approve the remaining items on the
Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and
approved unanimously.
5 Minutes of the regular City Council meeting held November 16, 2020.
Approved on the Consent Agenda.
6 An ordinance amending Chapter 8 of the City Code to update convenience store
and late hours business regulations regarding security signs and surveillance
camera systems.
Approved on the Consent Agenda.
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City Council Minutes - Final December 7, 2020
Ordinance No. 4832, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 8 OF THE MESQUITE CITY CODE, AS AMENDED, BY
DELETING SECTIONS 8-914(a) AND 8-915(e) IN THEIR ENTIRETY AND ADDING NEW
SECTIONS 8-914(a) AND 8-915(e) TO UPDATE CONVENIENCE STORE AND LATE
HOURS BUSINESS REGULATIONS REGARDING SECURITY SIGNS AND
SURVEILLANCE CAMERA SYSTEMS; PROVIDING REPEALER AND SEVERABILITY
CLAUSES; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00 FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4832
recorded in Ordinance Book No. 122.)
7 A resolution authorizing the City Manager to finalize, execute and administer a
Water Transportation Agreement between Mesquite and the City of Forney,
Texas, for the transportation of water to Markout Water Supply Corporation
customers.
Approved on the Consent Agenda.
Resolution No. 62-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE, EXECUTE
AND ADMINISTER A WATER TRANSPORTATION AGREEMENT BETWEEN
MESQUITE AND THE CITY OF FORNEY, TEXAS, FOR THE TRANSPORTATION OF
WATER TO MARKOUT WATER SUPPLY CORPORATION CUSTOMERS; AND
PROVIDING A SEVERABILITY CLAUSE. (Resolution No. 62-2020 recorded in
Resolution Book No. 61.)
8 A resolution supporting the City entering into an Interlocal Agreement with the
Cities of Balch Springs and Seagoville and the Town of Sunnyvale, Texas, for
the purpose of creating the Eastern Dallas County Response Team and
authorizing the City Manager to execute any and all necessary documents for
the submission of the New Directions for Public Safety Grant application for the
Eastern Dallas County Response Team Program.
Approved on the Consent Agenda.
Resolution No. 63-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, SUPPORTING THE CITY ENTERING INTO AN INTERLOCAL
AGREEMENT WITH THE CITIES OF BALCH SPRINGS AND SEAGOVILLE AND THE
TOWN OF SUNNYVALE, TEXAS, FOR THE PURPOSE OF CREATING THE EASTERN
DALLAS COUNTY RESPONSE TEAM AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS FOR THE SUBMISSION OF THE
NEW DIRECTIONS FOR PUBLIC SAFETY GRANT APPLICATION FOR THE EASTERN
DALLAS COUNTY RESPONSE TEAM PROGRAM; PROVIDING A REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE. (Resolution No. 63-2020 recorded in Resolution Book No. 61.)
9 RFP No. 2020-074 - Multi-Year Service Contract for Post Disaster Debris
Removal.
(Authorize the City Manager to finalize and execute contracts with T .F.R.
Enterprises, Inc., as the primary vendor and DRC Emergency Services, LLC,
as the secondary vendor in an amount not to exceed $ 4,000,000.00. The term
of the contract is for a five-year period with two additional one-year renewal
options. The City Manager is authorized to exercise the renewal options, subject
to appropriation of sufficient funds.)
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City Council Minutes - Final December 7, 2020
Approved on the Consent Agenda.
10 RFP No. 2020-094 - Multi-year Service Contract for Post Disaster Debris
Monitoring.
(Authorize the City Manager to finalize and execute contracts with Tetra Tech,
Inc., as the primary vendor and Witt O’Brien’s, LLC, as the secondary vendor in
an amount not to exceed $2,000,000.00. The term of the contracts is for a
five-year period with two additional one-year renewal options. The City Manager
is authorized to exercise the renewal options, subject to appropriation of
sufficient funds.)
Approved on the Consent Agenda.
11 Bid No. 2020-093 - Gus Thomasson Asphalt Overlay.
(Authorize the City Manager to finalize and execute a contract with low bidder
Texas Materials Group, Inc. dba TexasBit, in the amount of $1,799,002.55.)
Approved on the Consent Agenda.
12 Bid No. 2021-014 - Annual Supply of Aftermarket Vehicle Replacement Parts.
(Staff recommends award to O’Reilly Auto Parts through the cooperative
purchasing agreement with The Interlocal Purchasing System (TIPS) in the
amount of $65,000.00. This agreement offers a discount of 41 percent or better
off list price. 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.
13 Bid No. 2021-027 - Four Restroom Renovation (1515).
(Authorize the City Manager to finalize and execute the required documents with
Concord Commercial Services through the Time and Materials Bid No .
2018-037 in the amount of $181,000.00.)
Approved on the Consent Agenda.
14 Authorize the City Manager to finalize and execute an Office Lease Agreement
with Ultimate Transportation, LLC, for office rental space at the Mesquite Metro
Airport.
Approved on the Consent Agenda.
15 Authorize the City Manager to finalize and execute Amendment No. 3 to a
contract with BGE, Inc., (formerly Brown & Gay Engineers, Inc.) for additional
engineering and surveying services in conjunction with Mesquite Heritage Trail,
Phase 2, in an amount not to exceed $121,628.00.
Approved on the Consent Agenda.
16 An ordinance amending Ordinance No. 4713 to increase the Board of Directors
of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley
Farms) from seven (7) members to nine (9) members and to provide that the
two (2) additional members will be designated by Kaufman County, Texas.
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City Council Minutes - Final December 7, 2020
Approved on the Consent Agenda.
Ordinance No. 4833, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING ORDINANCE NO. 4713, PREVIOUSLY APPROVED BY THE CITY
COUNCIL ON SEPTEMBER 16, 2019, TO INCREASE THE BOARD OF DIRECTORS OF
REINVESTMENT ZONE NUMBER THIRTEEN, CITY OF MESQUITE, TEXAS
(SPRADLEY FARMS), FROM SEVEN (7) MEMBERS TO NINE (9) MEMBERS AND TO
PROVIDE THAT THE TWO (2) ADDITIONAL MEMBERS WILL BE DESIGNATED BY
KAUFMAN COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4833 recorded in
Ordinance Book No. 122.)
17 A resolution approving an amendment to the agreement with Kaufman County,
Texas, to participate in Reinvestment Zone Number Thirteen, City of Mesquite,
Texas (Spradley Farms TIRZ), relating to the increase in the Spradley Farms
TIRZ Board of Directors from seven (7) members to nine (9) members with the
two (2) additional members to be designated by Kaufman County, Texas, and
authorizing the Mayor to execute the Amendment.
Approved on the Consent Agenda.
Resolution No. 64-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, APPROVING AN AMENDMENT TO THE AGREEMENT WITH
KAUFMAN COUNTY, TEXAS, TO PARTICIPATE IN REINVESTMENT ZONE NUMBER
THIRTEEN, CITY OF MESQUITE, TEXAS (SPRADLEY FARMS), RELATING TO THE
INCREASE IN THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER
THIRTEEN, CITY OF MESQUITE, TEXAS (SPRADLEY FARMS) FROM SEVEN (7)
MEMBERS TO NINE (9) MEMBERS WITH THE TWO (2) ADDITIONAL MEMBERS TO
BE DESIGNATED BY KAUFMAN COUNTY, TEXAS (“AMENDMENT”); AUTHORIZING
THE MAYOR TO EXECUTE THE AMENDMENT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 64-2020 recorded
in Resolution Book No. 61.)
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
18 Appoint Bruce Archer as Chairman of the Board of Directors for the Mesquite
Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas; Towne
Centre Reinvestment Zone Number Two, City of Mesquite, Texas; Skyline Tax
Increment Finance Reinvestment Zone No. Seven, City of Mesquite, Texas; Gus
Thomasson Tax Increment Finance Reinvestment Zone No. Eight, City of
Mesquite, Texas; Town East/Skyline Tax Increment Finance Reinvestment
Zone No. Nine, City of Mesquite; Reinvestment Zone Number Ten, City of
Mesquite, Texas (Polo Ridge); Reinvestment Zone Number Eleven, City of
Mesquite, Texas (Heartland Town Center); Reinvestment Zone Number Twelve,
City of Mesquite, Texas (IH-20 Business Park); and Reinvestment Zone Number
Thirteen, City of Mesquite, Texas (Spradley Farms) for a one-year term
beginning January 1, 2021.
Mr. Miklos left the meeting.
Mr. Green moved to appoint Bruce Archer as Chairman of the Board of Directors
for the Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite,
Texas; Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas;
Skyline Tax Increment Finance Reinvestment Zone No. Seven, City of Mesquite,
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City Council Minutes - Final December 7, 2020
Texas; Gus Thomasson Tax Increment Finance Reinvestment Zone No. Eight, City
of Mesquite, Texas; Town East/Skyline Tax Increment Finance Reinvestment
Zone No. Nine, City of Mesquite; Reinvestment Zone Number Ten, City of
Mesquite, Texas (Polo Ridge); Reinvestment Zone Number Eleven, City of
Mesquite, Texas (Heartland Town Center); Reinvestment Zone Number Twelve,
City of Mesquite, Texas (IH-20 Business Park); and Reinvestment Zone Number
Thirteen, City of Mesquite, Texas (Spradley Farms) for a one-year term beginning
January 1, 2021. Motion was seconded by Mr. Smith. On call for a vote on the
motion, the following votes were cast:
Ayes: Green, Smith, Archer, Boroughs
Nayes: None
Abstentions: Miklos
Motion carried.
END OF CONSENT AGENDA
RECEIPT OF RESIGNATION
19 Receive resignation from Barbara Rojas as a regular member of the Mesquite
Housing Board.
Mr. Miklos entered the meeting.
Mr. Green moved to accept the resignation of Barbara Rojas as a regular
member of the Mesquite Housing Board. Motion was seconded by Mr. Boroughs
and approved unanimously.
APPOINTMENTS TO BOARDS AND COMMISSIONS
20 Consider appointment of three regular members and one alternate member to
the Planning and Zoning Commission/Capital Improvements Advisory
Committee for terms to expire December 31, 2022.
Mr. Boroughs moved to appoint Millie Arnold, Regular Member Position No. 2;
Sherry Williams, Regular Member Position No. 4; Sheila Lynn, Regular Member
Position No. 6; and Brandon Murden as Alternate Member Position No. 2 to the
Planning and Zoning Commission/Capital Improvements Advisory Committee for
terms to expire December 31, 2022. Motion was seconded by Mr. Green and
approved unanimously.
21 Consider appointment of one regular member to the Capital Improvements
Advisory Committee for a term to expire December 31, 2022.
Mr. Boroughs moved to appoint Jim Andrews as a regular member of the Capital
Improvements Advisory Committee for a term to expire December 31, 2022.
Motion was seconded by Mr. Smith and approved unanimously.
22 Consider appointment of three regular members and one alternate member to
the Building Standards Board for terms to expire January 1, 2023, and one
alternate member for a term to expire January 1, 2022.
Mr. Green moved to appoint Patrick Reyes and Jason Beadle as regular
members of the Building Standards Board and James Morris as an alternate
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City Council Minutes - Final December 7, 2020
member, for terms to expire January 1, 2023. Motion was seconded by Mr.
Boroughs and approved unanimously.
OTHER BUSINESS
23 Consider appointment of an Alternate Municipal Court Judge for the City of
Mesquite, Texas.
Mr. Miklos moved to appoint Greg Noschese as an Alternate Municipal Court
Judge for the City of Mesquite, Texas. Motion was seconded by Mr. Green and
approved unanimously.
PUBLIC HEARINGS
24 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 East 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. This item was
postponed at the November 2, 2020, meeting.)
A public hearing was held for Zoning Application No. Z0920-0148.
Jeff Armstrong, Director of Planning and Development Services, stated that the
applicant proposes to construct a 13,860-square-foot reception facility located at
3935 East US Highway 80. Mr. Armstrong reviewed the proposed site plan along
with the following modifications the applicant made since the November 2, 2020,
City Council meeting: mutual access easement with neighboring office building
with removal of three parking spaces, shared parking agreement with adjacent
property, moved building five feet to the south and increased landscape buffer,
no outside activity, sealing of tenant spaces to reduce sound outside of the
building, will install required eight-foot long-span precast screening wall along
the north property line, replace brick wall behind office building with long-span
concrete wall, security at most events, no windows on the north side of the
building, alcohol in compliance with applicable State laws, 165 parking spaces
with no Traffic Impact Analysis required per the City’s Traffic Engineering
Division, will contact the three neighbors regarding their noise concerns,
dedicate an additional three feet to the alley, install surveillance cameras per
the ordinance and certain property will be dedicated to the Texas Department of
Transportation for the Highway 80 project for drainage purposes.
Applicant Ghader Mirak stated that the fire lane that egresses to Bahamas Drive
would be designed to require cars to exit to the south toward Highway 80. The
exit doors on the north side of the building would be insulated with a higher
sound barrier. Mr. Mirak stated that the neighbors were invited to a meeting held
in November 2020 to discuss the proposed event center. However, no neighbors
attended the meeting.
M. J. Najimi, owner of the property, stated that he appreciates being a part of the
City of Mesquite and is willing to address the concerns of the neighbors and the
City Council.
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City Council Minutes - Final December 7, 2020
No others appeared regarding the proposed amendment.
Mr. Green moved to deny Zoning Application No. Z0920-0148. Motion was
seconded by Mr. Miklos and approved unanimously.
25 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z0820-0147, submitted by Roberto Nunez on behalf of Alchemi Development
Partners, by approving a change of zoning to amend Planned Development
Ordinance No. 2888 to allow a proposed building expansion, located at 1320
Gross Road.
(No responses in favor or in opposition to the application have been received
from property owners within the statutory notification area. The Planning and
Zoning Commission recommends approval with certain stipulations.)
Mayor Archer announced that Zoning Application No. Z0820-0147 has been
withdrawn per the applicant's request.
26 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z1020-0156 submitted by Shield Engineering Group amending the Mesquite
Comprehensive Plan by providing a Comprehensive Plan Amendment from
Commercial to Low Density Residential and by approving a change of zoning
from R-3, Single-Family Residential to Planned Development - Single-Family
Residential, to allow a 99-lot single-family subdivision generally located at 1218
South Belt Line Road and 430 Paza Drive.
(No responses 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 approval.)
A public hearing was held for Zoning Application No. Z1020-0156.
Jeff Armstrong, Director of Planning and Development Services, stated that the
applicant proposes the development of a 99-lot subdivision on a 20.72-acre lot
generally located at 1218 South Belt Line Road and 430 Paza Drive. The
Mesquite Comprehensive Plan (Comp Plan) currently shows the area to be
commercial, which is not appropriate for the area that includes single-family
homes and schools. The proposed ordinance would amend the Comp Plan from
Commercial to Low Density Residential and rezone the property from R-3,
Single-Family Residential to Planned Development - Single-Family Residential.
Mr. Armstrong reviewed the concept plan with a playground, gazebo and
walking trails throughout the open spaces. The applicant proposes to extend
Essex Drive into the development and construct a new street off of Wilkinson
Drive.
Zach Motley, representing M/I Homes, stated that they are a homebuilder and will
be self-developing this property for their own homebuilding operations. Mr.
Motley stated that home prices will range from $250,000 to the low $300,000s.
No others appeared regarding the proposed amendment.
Mr. Smith moved to approve Zoning Application No. Z1020-0156, as
recommended by the Planning and Zoning Commission, and to approve
Ordinance No. 4834, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING THE MESQUITE COMPREHENSIVE PLAN BY PROVIDING A
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City Council Minutes - Final December 7, 2020
COMPREHENSIVE PLAN AMENDMENT FROM COMMERCIAL TO LOW DENSITY
RESIDENTIAL AND BY AMENDING THE MESQUITE ZONING ORDINANCE BY
APPROVING A CHANGE OF ZONING ON PROPERTY GENERALLY LOCATED AT 430
PAZA DRIVE AND 1218 SOUTH BELT LINE ROAD FROM R-3 SINGLE-FAMILY
RESIDENTIAL TO PLANNED DEVELOPMENT–SINGLE FAMILY RESIDENTIAL TO
ALLOW A 99-LOT SINGLE-FAMILY SUBDIVISION SUBJECT TO CERTAIN
STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE
PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN
EFFECTIVE DATE. Motion was seconded by Mr. Boroughs and approved
unanimously. (Ordinance No. 4834 recorded in Ordinance Book No. 122.)
27 A. Conduct a public hearing and approve amendments to the 2019 Community
Development Block Grant (CDBG) Annual Action Plan to include $910,854.00 of
additional CARES Act CDBG-CV funds.
B. Consider approval of the proposed CDBG-CV Budget for the 2021 Fiscal
Year.
A public hearing was held to approve amendments to the 2019 Community
Development Block Grant (CDBG) Annual Action Plan to include $910,854.00 of
additional CARES Act CDBG-CV funds.
Maria Martinez, Director of Neighborhood Services, stated that the required
public hearing is for an amendment to the 2019 Annual Action Plan to include the
additional CARES Act CDBG-CV funds. The non-profit agencies being
recommended to receive funding for the FY 21 budget are:
• Helen’s Project – to provide assistance to Mesquite residents either at-risk or
currently experiencing unsheltered homelessness during COVID-19 - $40,000.00.
• Mission East Dallas – to provide one RN Case Manager and three Outreach
and Enrollment Specialists to provide health services for Mesquite residents who
lost insurance coverage or have insufficient coverage due to COVID-19 -
$50,000.00.
• Mesquite Independent School District – to provide funding for the “Safe
Landing Program” which provides food security for students who are struggling
with decreasing resources since the onset of COVID-19. - $30,000.00.
• The Family Place – to provide domestic family violence counseling in three
centers that serve Mesquite residents - $12,000.00.
• AZAR Foundation – to provide counseling and/or referral services to
Mesquite’s low-income population suffering from mental health disorders –
$8,000.00.
• Hope’s Door – to provide counseling services to individuals and families
affected by domestic family violence - $10,000.00.
• CDBG Emergency Housing Rehabilitation – to provide qualified emergency
projects which pose an imminent threat to health and safety or make it
impossible for a household to shelter-in-place during a pandemic - $100,000.00.
No one appeared regarding the amendments to the 2019 Community
Development Block Grant (CDBG) Annual Action Plan.
Mr. Green moved to approve the proposed CDBG-CV Budget for the 2021 Fiscal
Year. Motion was seconded by Mr. Smith and approved unanimously.
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City Council Minutes - Final December 7, 2020
ADJOURNMENT
Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Boroughs
and approved unanimously. The meeting adjourned at 8:34 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Bruce Archer, Mayor
City of Mesquite, Texas Page 11
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, December 7, 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 December 7, 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 December 7, 2020, to the following email address: sland@cityofmesquite.com.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 20-5142 Receive briefing to consider ordinance amendments, thereby updating
regulations regarding hens in residential areas.
2 20-5151 Discuss changes to the noise ordinance.
(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.)
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:00 P.M.
In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to
adjourn into executive session to discuss any of the following:
• Pending and/or Contemplated Litigation
• Purchase, Exchange, Lease or Value of Real Property
• Personnel Matters
• Economic Development
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M.
3 20-5141 Receive Neighborhood Services Environmental Code quarterly report for
the period of July 1, 2020, through September 30, 2020.
Attachments: Environmental Code FY 2019-2020 4th Quarter Summary
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
City of Mesquite, Texas Page 1 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
INVOCATION
Mike Pettitt, Lead Pastor, Connection Pointe, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
City of Mesquite Staff.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
PRESENTATIONS
4 20-5134 Receive presentation regarding the 2019 Meritorious Conduct Awards to
Police Department employees.
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.)
5 20-5104 Minutes of the regular City Council meeting held November 16, 2020.
Attachments: 11.16.2020m
6 20-5130 An ordinance amending Chapter 8 of the City Code to update convenience
store and late hours business regulations regarding security signs and
surveillance camera systems.
Attachments: Ordinance
7 20-4990 A resolution authorizing the City Manager to finalize, execute and
administer a Water Transportation Agreement between Mesquite and the
City of Forney, Texas, for the transportation of water to Markout Water
City of Mesquite, Texas Page 2 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
Supply Corporation customers.
Attachments: Resolution
8 20-5154 A resolution supporting the City entering into an Interlocal Agreement
with the Cities of Balch Springs and Seagoville and the Town of Sunnyvale,
Texas, for the purpose of creating the Eastern Dallas County Response
Team and authorizing the City Manager to execute any and all necessary
documents for the submission of the New Directions for Public Safety
Grant application for the Eastern Dallas County Response Team Program.
Attachments: Resolution
9 20-5125 RFP No. 2020-074 - Multi-Year Service Contract for Post Disaster Debris
Removal.
(Authorize the City Manager to finalize and execute contracts with T.F.R.
Enterprises, Inc., as the primary vendor and DRC Emergency Services,
LLC, as the secondary vendor in an amount not to exceed $4,000,000.00.
The term of the contract is for a five-year period with two additional
one-year renewal options. The City Manager is authorized to exercise the
renewal options, subject to appropriation of sufficient funds.)
10 20-5118 RFP No. 2020-094 - Multi-year Service Contract for Post Disaster Debris
Monitoring.
(Authorize the City Manager to finalize and execute contracts with Tetra
Tech, Inc., as the primary vendor and Witt O’Brien’s, LLC, as the secondary
vendor in an amount not to exceed $2,000,000.00. The term of the
contracts is for a five-year period with two additional one-year renewal
options. The City Manager is authorized to exercise the renewal options,
subject to appropriation of sufficient funds.)
11 20-5135 Bid No. 2020-093 - Gus Thomasson Asphalt Overlay.
(Authorize the City Manager to finalize and execute a contract with low
bidder Texas Materials Group, Inc. dba TexasBit, in the amount of
$1,799,002.55.)
Attachments: Bid Tabulation
Location map
Recommendation Letter
12 20-5087 Bid No. 2021-014 - Annual Supply of Aftermarket Vehicle Replacement
Parts.
(Staff recommends award to O’Reilly Auto Parts through the cooperative
purchasing agreement with The Interlocal Purchasing System (TIPS) in the
amount of $65,000.00. This agreement offers a discount of 41 percent or
better off list price. 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.)
City of Mesquite, Texas Page 3 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
Attachments: Bid Tabulation
13 20-5136 Bid No. 2021-027 - Four Restroom Renovation (1515).
(Authorize the City Manager to finalize and execute the required
documents with Concord Commercial Services through the Time and
Materials Bid No. 2018-037 in the amount of $181,000.00.)
Attachments: Concord Commercial Services Estimate No. 20-378
14 20-5126 Authorize the City Manager to finalize and execute an Office Lease
Agreement with Ultimate Transportation, LLC, for office rental space at the
Mesquite Metro Airport.
15 20-5083 Authorize the City Manager to finalize and execute Amendment No. 3 to a
contract with BGE, Inc., (formerly Brown & Gay Engineers, Inc.) for
additional engineering and surveying services in conjunction with
Mesquite Heritage Trail, Phase 2, in an amount not to exceed $121,628.00.
Attachments: Amendment No. 3
Location Map
16 20-5140 An ordinance amending Ordinance No. 4713 to increase the Board of
Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas
(Spradley Farms) from seven (7) members to nine (9) members and to
provide that the two (2) additional members will be designated by
Kaufman County, Texas.
Attachments: Ordinance
17 20-5139 A resolution approving an amendment to the agreement with Kaufman
County, Texas, to participate in Reinvestment Zone Number Thirteen, City
of Mesquite, Texas (Spradley Farms TIRZ), relating to the increase in the
Spradley Farms TIRZ Board of Directors from seven (7) members to nine
(9) members with the two (2) additional members to be designated by
Kaufman County, Texas, and authorizing the Mayor to execute the
Amendment.
Attachments: Resolution
18 20-5143 Appoint Bruce Archer as Chairman of the Board of Directors for the
Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite,
Texas; Towne Centre Reinvestment Zone Number Two, City of Mesquite,
Texas; Skyline Tax Increment Finance Reinvestment Zone No. Seven, City
of Mesquite, Texas; Gus Thomasson Tax Increment Finance Reinvestment
Zone No. Eight, City of Mesquite, Texas; Town East/Skyline Tax Increment
Finance Reinvestment Zone No. Nine, City of Mesquite; Reinvestment Zone
Number Ten, City of Mesquite, Texas (Polo Ridge); Reinvestment Zone
Number Eleven, City of Mesquite, Texas (Heartland Town Center);
Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20
Business Park); and Reinvestment Zone Number Thirteen, City of
City of Mesquite, Texas Page 4 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
Mesquite, Texas (Spradley Farms) for a one-year term beginning January
1, 2021.
RECEIPT OF RESIGNATION
19 20-5149 Receive resignation from Barbara Rojas as a regular member of the
Mesquite Housing Board.
Attachments: Resignation Email
APPOINTMENTS TO BOARDS AND COMMISSIONS
20 20-5152 Consider appointment of three regular members and one alternate
member to the Planning and Zoning Commission/Capital Improvements
Advisory Committee for terms to expire December 31, 2022.
21 20-5159 Consider appointment of one regular member to the Capital
Improvements Advisory Committee for a term to expire December 31,
2022.
22 20-5153 Consider appointment of three regular members and one alternate
member to the Building Standards Board for terms to expire January 1,
2023, and one alternate member for a term to expire January 1, 2022.
OTHER BUSINESS
23 20-5148 Consider appointment of an Alternate Municipal Court Judge for the City
of Mesquite, Texas.
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.)
24 20-5131 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 East 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. This item
was postponed at the November 2, 2020, meeting.)
Attachments: Staff report & maps
P&Z minutes
Appeal Letter
25 20-5132 Conduct a public hearing and consider an ordinance for Zoning
City of Mesquite, Texas Page 5 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
Application No. Z0820-0147, submitted by Roberto Nunez on behalf of
Alchemi Development Partners, by approving a change of zoning to
amend Planned Development Ordinance No. 2888 to allow a proposed
building expansion, located at 1320 Gross Road.
(No responses in favor or in opposition to the application have been
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval with certain
stipulations.)
Attachments: Staff report & maps
P&Z minutes
Ordinance
26 20-5133 Conduct a public hearing and consider an ordinance for Zoning
Application No. Z1020-0156 submitted by Shield Engineering Group
amending the Mesquite Comprehensive Plan by providing a
Comprehensive Plan Amendment from Commercial to Low Density
Residential and by approving a change of zoning from R-3, Single-Family
Residential to Planned Development - Single Family Residential, to allow a
99-lot single-family subdivision generally located at 1218 South Belt Line
Road and 430 Paza Drive.
(No responses 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 approval.)
Attachments: Staff report & maps
P&Z minutes
Ordinance
27 20-5109 A. Conduct a public hearing and approve amendments to the 2019
Community Development Block Grant (CDBG) Annual Action Plan to
include $910,854.00 of additional CARES Act CDBG-CV funds.
B. Consider approval of the proposed CDBG-CV Budget for the 2021
Fiscal Year.
Attachments: 2019 Annual Action Plan
CDBG-CV Summaries
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
City of Mesquite, Texas Page 6 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
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
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.
Following discussions in executive session, the City Council will reconvene in open session where any final
action regarding executive session items will be taken.
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).
City of Mesquite, Texas Page 7 Monday, December 7, 2020
City Council Meeting Agenda December 7, 2020
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.
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, December 7, 2020
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