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City Council

Regular Meeting

Mesquite, TX · December 7, 2020

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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. City of Mesquite, Texas Page 1 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. City of Mesquite, Texas Page 2 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. City of Mesquite, Texas Page 3 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.) City of Mesquite, Texas Page 4 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. City of Mesquite, Texas Page 5 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, City of Mesquite, Texas Page 6 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 City of Mesquite, Texas Page 7 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. City of Mesquite, Texas Page 8 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 City of Mesquite, Texas Page 9 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. City of Mesquite, Texas Page 10 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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