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City Council

Regular Meeting

Mesquite, TX · December 21, 2020

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, December 21, 2020 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Bruce Archer and Councilmembers Robert Miklos, Dan Aleman, Tandy Boroughs, Kenny Green, B. W. Smith and Sherry Wisdom, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding City Council District redistricting. 2 Receive briefing to consider ordinance amendments, thereby updating regulations regarding hens in residential areas. 3 Receive briefing regarding the Mayor’s Clean City Initiative. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:11 P.M. INVOCATION Chris Walker, Lead Pastor, Kingdom Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City of Mesquite Staff. PRESENTATIONS 4 Receive video presentation recognizing Real. Texas. Service. Champions. City Manager Cliff Keheley stated that the Real. Texas. Service. Champions program was created as an opportunity for employees to be recognized for their service to the organization and Mesquite community. Due to public health guidelines, the traditional public presentation will not be held. The employees were presented their honors in a private and safe ceremony last week. A brief video was shown describing each employee’s contributions to the City of Mesquite. The following employees were honored: Tana Colwell, Legal Department; Nicole Phillips, Police Department; Derek Dupree, Mesquite Metro Airport; and Lilliana Cindo, Parks and Recreation Department. City of Mesquite, Texas Page 1 City Council Minutes - Final December 21, 2020 SPECIAL ANNOUNCEMENTS 1. Ms. Wisdom reminded citizens to continue to shop and dine safely this holiday season. Remember the “3 W’s” when you are out in public: (1) Wear a mask; (2) Wash your hands; and (3) Watch your distance and stay six feet apart from others. 2. Mr. Green stated that the City is offering residents access to free mental health counseling and referral services, through a new partnership with the AZAR Foundation. Residents can schedule virtual or in-person sessions for individuals, couples or groups. 3. Mr. Miklos stated that the City has adopted revisions to the Animal Ordinance, which goes into effect on January 1, 2021. The revisions made many changes, including new requirements for animal care and treatment, along with animal nuisance violations. 4. Mr. Miklos stated that the Mesquite Animal Shelter and Adoption Center has only euthanized two animals for space this year. When the decision is made to adopt a pet, he asked citizens to keep in mind the responsibilities that go along with pet ownership. 5. Mr. Boroughs encouraged residents, who are struggling to pay their City water bill due to the COVID-19 pandemic, to take advantage of longer-term payment plans offered by the City. Water utility customers can contact the Utility Billing Office to discuss payment options. 6. Mr. Smith stated that the City has begun educating the community on amendments to the parking ordinance, which goes into effect on January 1, 2021. The amendments address commercial and oversized vehicles, parking on public streets and private property as well as recreational vehicles and parking on unimproved surfaces in residential areas. Residents can call the Environment Code office with any questions. 7. Mr. Aleman encouraged citizens to complete an online survey regarding residential and commercial solid waste services. The City is requesting public input through Thursday, December 31, 2020. Community feedback will aid the City in drafting a proposed 20-year Solid Waste Master Plan. 8. Mayor Archer thanked City staff for their efforts over the past year to help citizens and our community through this pandemic. 9. Mayor Archer encouraged citizens to be extra careful during this holiday season and make healthy choices by following the CDC protocols. When out shopping, avoid large crowds; social distance at all times; wear your mask; wash your hands often; and avoid large gatherings. CONSENT AGENDA Approval of the Consent Agenda Mr. Boroughs requested that Item No. 13 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. Aleman and approved unanimously. 5 Minutes of the regular City Council meeting held December 7, 2020. Approved on the Consent Agenda. 6 A resolution authorizing the sale of tax-foreclosed property located at 109 Clary Drive in Mesquite, Texas (the “Property”); accepting the offer from Jose R. Velasquez and Maria Velasquez (the “Purchasers”) to purchase the Property; ratifying and approving the Offer and Purchase Agreement executed by the Purchasers setting forth the terms and conditions of the sale of the Property; and authorizing the City Manager to execute the quitclaim deed and all other necessary or requested documents to complete the closing and sale of the City of Mesquite, Texas Page 2 City Council Minutes - Final December 21, 2020 Property. Approved on the Consent Agenda. Resolution No. 65-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE SALE OF TAX-FORECLOSED PROPERTY LOCATED AT 109 CLARY DRIVE IN MESQUITE, TEXAS (THE “PROPERTY”); ACCEPTING THE OFFER FROM JOSE R. VELASQUEZ AND MARIA VELASQUEZ (THE “PURCHASERS”) TO PURCHASE THE PROPERTY; RATIFYING AND APPROVING THE OFFER AND PURCHASE AGREEMENT EXECUTED BY THE PURCHASERS SETTING FORTH THE TERMS AND CONDITIONS OF THE SALE OF THE PROPERTY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE QUITCLAIM DEED AND ALL OTHER NECESSARY OR REQUESTED DOCUMENTS TO COMPLETE THE CLOSING AND SALE OF THE PROPERTY. (Resolution No. 65-2020 recorded in Resolution Book No. 61.) 7 A resolution authorizing acceptance of the 2020 Homeland Security Grant Program and execution of the sub-recipient agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency, in the amount of $164,198.32; authorizing the Emergency Management Coordinator as the authorized official to apply for, accept, reject, alter or terminate the grant on behalf of the city. Approved on the Consent Agenda. Resolution No. 66-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING ACCEPTANCE OF THE 2020 HOMELAND SECURITY GRANT PROGRAM AND EXECUTION OF THE SUB-RECIPIENT AGREEMENTS WITH THE OFFICE OF THE GOVERNOR, TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY, IN THE AMOUNT OF $164,198.32; AUTHORIZING THE EMERGENCY MANAGEMENT COORDINATOR AS THE AUTHORIZED OFFICIAL TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT ON BEHALF OF THE CITY. (Resolution No. 66-2020 recorded in Resolution Book No. 61.) 8 RFP No. 2020-109 - Annual Contract for Spay/Neuter Services - Supplementing prior Council contract award, File ID No. 20-5111 approved on November 16, 2020, Agenda Item No. 10, to change the vendor name from Pathway Vet Alliance, LLC, to PP-TX LLC, its affiliated entity. Approved on the Consent Agenda. 9 Bid No. 2021-016 - Annual Supply of Ammunition. (Authorize the City Manager to finalize and execute a contract with Precision/Delta Corporation - Group 1, Item Nos. 1, 2, 3, and 4 in the amount of $79,508.80; G T Distributors, Inc. - Group II, Item Nos. 1, 3, 4, 5, 6, 8, 9, and 10 in the amount of $85,598.00, for a total amount of $165,106.80. The term of the contract is for one year 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. 10 Bid No. 2021-031 - Storage Area Network (SAN) Replacement for General Government and Public Safety. City of Mesquite, Texas Page 3 City Council Minutes - Final December 21, 2020 (Staff recommends award to UniqueDigital, Inc., through the Texas Department of Information Resources (DIR) Contract No. DIR-TSO-3763 in the amount of $599,882.08.) Approved on the Consent Agenda. 11 Bid No. 2021-032 - Enterprise Data Backup System. (Staff recommends award to SHI Government Solutions, through BuyBoard Contract No. 579-19, sponsored by the Texas Association of School Boards, in the amount of $161,896.71.) Approved on the Consent Agenda. 12 Bid No. 2021-037 - Purchase of 19 ZOLL X Series Advanced Manual Monitor/Defibrillators and 3 ZOLL AED Plus Devices. (Staff recommends award to Zoll Medical Corporation through SAVVIK Contract No. 2018-11 in the amount of $699,995.96.) Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute an Interlocal Cooperation Contract with the Department of Public Safety (DPS) for the purpose of providing a tactical flight officer in the DPS Aircraft Operations Division. Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute Amendment No. 2 to a contract with Binkley & Barfield, Inc., for additional design and preparation of construction documents for the Gus Thomasson Road Reconstruction Project (Town East Boulevard to US Highway 80) in the amount of $19,500.00. Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2020-049, Town Ridge, Pecan Bend, Woodlawn, Skyline Neighborhoods Paving Improvements, with Estrada Concrete Company, LLC, for additional services requested in the amount of $154,740.00. Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 13 Bid No. I009-2021 - Annual Inspection and Cleaning of Firefighting Protective Gear. (Authorize the City Manager to finalize and execute a contract with low bidder Gear Cleaning Solutions, LLC, in an amount not to exceed $51,280.00. The term of this contract is for one year, with four additional one -year renewal options. The City Manager is authorized to exercise the renewal options subject to annual appropriation of sufficient funds.) Fire Chief Russell Wilson stated that this bid is one component of the Mesquite Fire Department's (MFD) cancer prevention program and brings the City into compliance with the National Fire Protection Association's 1851 Standard and Texas Commission on Fire Protection. All firefighting protective gear must receive advanced cleaning at least every six months and must undergo City of Mesquite, Texas Page 4 City Council Minutes - Final December 21, 2020 advanced inspection once per year. At that time, necessary repairs are completed by a licensed provider. Advanced cleaning is required prior to the inspection in order to reduce the provider's exposure to carcinogens that may be present on soiled firefighting gear. This bid is for annual cleaning, inspection and repair of the MFD's supply of firefighting protective gear. Mr. Boroughs moved to award Bid No. I009-2021, Annual Inspection and Cleaning of Firefighting Protective Gear, to low bidder Gear Cleaning Solutions, LLC, and authorize the City Manager to finalize and execute a contract in an amount not to exceed $51,280.00. The term of this contract is for one year, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds. Motion was seconded by Ms. Wisdom and approved unanimously. END OF CONSENT AGENDA RECEIPT OF RESIGNATION 17 Receive resignation from Rachel Lopez as a member of the Civil Service Commission and Personnel/Trial Board. Mr. Aleman moved to accept the resignation from Rachel Lopez as a member of the Civil Service Commission and Personnel/Trial Board. Motion was seconded by Mr. Boroughs and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 18 Consider appointment of two regular members (Positions No. 2 and No. 4) and one alternate member (Alternate No. 2) to the Board of Adjustment for terms to expire December 31, 2022. Ms. Wisdom moved to appoint Aeneas Ford (Position No. 2) and Benny Gordon (Position No. 4) as regular members to the Board of Adjustment and to appoint Larry Good as an alternate member (Alternate No. 2), all for terms to expire December 31, 2022. Motion was seconded by Mr. Aleman and approved unanimously. 19 Consider appointment of three members to the Historic Mesquite, Inc ., Board of Directors for terms to expire December 31, 2023, (Places 1, 2 and 3), two members for terms to expire December 31, 2021, (Places 7 and 8) and one member for a term to expire December 31, 2022, (Place 9). Ms. Wisdom moved to appoint Teia Collier (Place 1), Rose Grimsley (Place 2) and Helen Ethridge (Place 3) as members of the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2023. Motion was seconded by Mr. Green and approved unanimously. 20 Consider appointment of two members to the Keep Mesquite Beautiful, Inc ., Board of Directors for terms to expire December 31, 2023, and one member for a term to expire December 31, 2022. Mr. Green moved to appoint Andrew Kwart as a member of the Keep Mesquite Beautiful, Inc., Board of Directors for a term to expire December 31, 2023. Motion was seconded by Mr. Boroughs and approved unanimously. City of Mesquite, Texas Page 5 City Council Minutes - Final December 21, 2020 21 Consider appointment of four regular members and one alternate member to the Landmark Commission for terms to expire December 31, 2021, and three regular members and one alternate member for terms to expire December 31, 2022. Mr. Boroughs moved to appoint Mo Sanford (Position No. 1), Kelly Baird (Position No. 3) and Teia Collier (Position No. 7) as members of the Landmark Commission for terms to expire December 31, 2021, and William Richardson (Position No. 2), Valerie Palmer (Position No. 4) and Lisa Haar (Position No. 6) for terms to expire December 31, 2022. Motion was seconded by Mr. Green and approved unanimously. 22 Consider appointment of four members to the Mesquite Downtown Development Advisory Board for terms to expire December 31, 2023. Mr. Boroughs moved to appoint Art Greenhaw, Jennifer Vidler, Carolyn Miller Stoddard and Kyle Berry as members of the Mesquite Downtown Development Advisory Board for terms to expire December 31, 2023, and appoint Dustin Palmer for a term to expire December 31, 2021. Motion was seconded by Ms. Wisdom and approved unanimously. 23 Consider appointment of one regular member and one alternate member to the Mesquite Housing Board for terms to expire December 3, 2021, and one alternate member for a term to expire December 3, 2022. Mr. Green moved to appoint Brandy Baxter as a regular member to the Mesquite Housing Board for a term to expire December 3, 2021, and Tyrell Patton as an alternate member for a term to expire December 3, 2022. Motion was seconded by Mr. Aleman and approved unanimously. 24 Consider appointment of one regular member to the Municipal Library Advisory Board for a term to expire December 4, 2021, and one regular member and two alternate members for terms to expire December 4, 2022. Mr. Boroughs moved to appoint Chanteau “Janice” Chennault as a regular member to the Municipal Library Advisory Board for a term to expire December 4, 2021, and Marissa Herrera-Oldfield as a regular member for a term to expire December 4, 2022. Motion was seconded by Mr. Green and approved unanimously. PUBLIC HEARINGS 25 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program to promote local economic development and stimulate business and commercial activity in the City of Mesquite, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Cheryl Allen for façade improvements to the building located at 136 East Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. A public hearing was held to consider a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 agreement) with Cheryl Allen for façade improvements to the building at 136 East Main Street. City of Mesquite, Texas Page 6 City Council Minutes - Final December 21, 2020 Beverly Abell, Downtown Development Manager, stated that in May 2019, the City Council approved a Downtown Mesquite Façade Improvement Grant Program, which provides a 50 percent reimbursement for all approved enhancements up to a maximum reimbursement of $20,000.00. Ms. Abell reviewed the application process. The applicant, Cheryl Allen, is the owner of Hair Affair located at 136 East Main Street. The proposed project includes replacement of the entire exterior of the building, remove and replace rotted wood, replace three doors with steel doors, remove existing stone and old siding from the building, add windows towards the top of the building, add gutters and rain barrels to the east side of the building, reframe the north-facing facade, remove and replace all damaged soffit and prime and paint the exterior of the building. She presented a rendering of the new facade. The estimated project cost was quoted at $47,140.75 with a maximum reimbursement of $20,000.00. No one appeared regarding the proposed Chapter 380 agreement. Mr. Green moved to approve Resolution No. 67-2020, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING A GRANT PURSUANT TO THE DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY OF MESQUITE; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM GRANT AGREEMENT (CHAPTER 380 AGREEMENT) FOR SUCH PURPOSES WITH CHERYL ALLEN FOR FAÇADE IMPROVEMENTS TO THE BUILDING LOCATED AT 136 EAST MAIN STREET, MESQUITE, TEXAS 75149; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Ms. Wisdom and approved unanimously. (Resolution No. 67-2020 recorded in Resolution Book No. 61.) 26 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program to promote local economic development and stimulate business and commercial activity in the City of Mesquite, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Bill Metzger for façade improvements to the building located at 111 West Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. A public hearing was held to consider a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 agreement) with Bill Metzger for façade improvements to the building at 111 West Main Street. Beverly Abell, Downtown Development Manager, stated that the applicant, Bill Metzger, is the owner of building located at 111 West Main Street, which currently houses Barbers Ink. The scope of the project includes channel lettering on new signage with LED reverse halo lighting, upgrading the electrical to accommodate the new signage, replacing the current awning with a black fabric awning and re-painting the façade of the building. Mr. Metzger is also working to eliminate as much of the overhead utility line clutter as possible. The estimated project cost was quoted at $16,003.00 with a reimbursement of $8,001.50. No one appeared regarding the proposed Chapter 380 agreement. Ms. Wisdom moved to approve Resolution No. 68-2020, A RESOLUTION OF THE City of Mesquite, Texas Page 7 City Council Minutes - Final December 21, 2020 CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING A GRANT PURSUANT TO THE DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY OF MESQUITE; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM GRANT AGREEMENT (CHAPTER 380 AGREEMENT) FOR SUCH PURPOSES WITH BILL METZGER FOR FAÇADE IMPROVEMENTS TO THE BUILDING LOCATED AT 111 WEST MAIN STREET, MESQUITE, TEXAS 75149; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Aleman and approved unanimously. (Resolution No. 68-2020 recorded in Resolution Book No. 61.) 27 Conduct a public hearing and consider an ordinance for Application No . Z1120-0157, submitted by Coy Quine on behalf of TSCA-203 Limited Partnership, for a change of zoning from North Gus Thomasson Corridor District to Planned Development - General Retail, to allow outdoor display and sales, and wholesale and retail sales of plumbing, electrical and mechanical related supplies, in addition to other uses allowed in the General Retail Zoning District, located at 4414 Gus Thomasson Road. (No responses in favor and one 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.) A public hearing was held for Application No. Z1120-0157. Jeff Armstrong, Director of Planning and Development Services, stated the applicant proposes to locate a Locke Supply business in the vacant 34,000-square-foot space, formerly occupied by Minyard Grocery Store, and located at the corner of Oates Drive and Gus Thomasson Road. The proposed zoning change will allow the wholesale and retail sales of plumbing, electrical and mechanical supplies, as well as outdoor display and sales. The outdoor display and sales area, on the south end of the building, will be screened by an eight-foot-tall wrought-iron fence with meshed material with the inventory stacked no higher than seven feet. The outdoor display and sales area, on the east end of the building, will be screened with a chain-link fence. A brief video, provided by Locke Supply, was shown reviewing the company’s history and services provided to their customers. Hours of operation are Monday through Friday, 7:30 a.m. to 5:00 p.m., Saturday, 7:30 a.m. to Noon and closed on Sunday. Applicant Coy Quine stated that TSCA-203 is committed to fulfilling its obligations of the lease. If, for some reason, the obligations of the lease are not fulfilled, Locke Supply would not be responsible for fulfilling their lease. He stated that $400,000.00 has already been invested in the property with additional funds planned to refurbish the façade of the shopping center. Scott Rose, representing Locke Supply, stated that Locke Supply has been persistent in locating in Mesquite. At any one time, Locke maintains between $800,000 and $1 million in inventory and invests in indoor and outdoor security at all locations. No others appeared regarding the proposed amendment. Ms. Wisdom moved to approve Zoning Application No. Z1120-0157, as City of Mesquite, Texas Page 8 City Council Minutes - Final December 21, 2020 recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4835, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM NORTH GUS THOMASSON CORRIDOR DISTRICT TO PLANNED DEVELOPMENT – GENERAL RETAIL ON PROPERTY LOCATED AT 4414 GUS THOMASSON ROAD TO ALLOW OUTDOOR DISPLAY AND SALES, AND WHOLESALE AND RETAIL SALES OF PLUMBING, ELECTRICAL AND MECHANICAL RELATED SUPPLIES 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. Green and approved unanimously. (Ordinance No. 4835 recorded in Ordinance Book No. 122.) 28 Conduct a public hearing and consider possible action regarding a request from William Jones and Dr. John Fain, to waive the requirement for an eight -foot-tall, long-span precast masonry screening wall along the western and southern property lines of property located at 610 North Town East Boulevard. (No responses in favor or in opposition to the application have been received from property owners within the notification area.) A public hearing was held to consider a request to waive the requirement for an eight-foot-tall, long-span precast masonry screening wall along the western and southern property lines of the property located at 610 North Town East Boulevard. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is planning a 1,400-square-foot expansion to the existing building, which requires the installation of screening along the western and southern property lines. The applicant has requested a waiver of the screening wall requirement and allow the natural creek channel and flood plain to the west and south to serve as a buffer. When the building was constructed in 2003, a screening wall was required; however, there are no records that indicate a waiver was approved. Applicant William Jones stated that he developed the property in 2003 for Dr. John Fain and removed the property from the floodplain. Mr. Jones stated that the floodplain on the west side of the property extends to the parking lot of the Waterford Senior Living facility. No others appeared regarding the screening wall waiver request. Mr. Green moved to waive the requirement for an eight-foot-tall, long-span precast masonry screen wall along the western and southern property lines of property located at 610 North Town East Boulevard. Motion was seconded by Mr. Aleman and approved unanimously. City of Mesquite, Texas Page 9 City Council Minutes - Final December 21, 2020 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:45 P.M. Mayor Archer announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Item No. 29 – Discuss economic development incentives for a prospective business seeking to locate on IH 30 east of North Galloway and west of Northwest Drive); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:58 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Aleman and approved unanimously. The meeting adjourned at 8:58 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 10

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, December 21, 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 21, 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 21, 2020, to the following email address: sland@cityofmesquite.com PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 20-5185 Receive briefing regarding City Council District redistricting. Attachments: Redistricting Presentation.pptx Proposed 2021 Redistricting Time Line.pdf Westlaw - Local Government Redistricting 2 20-5179 Receive briefing to consider ordinance amendments, thereby updating regulations regarding hens in residential areas. 3 21-5196 Receive briefing regarding the Mayor’s Clean City Initiative. (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 of Mesquite, Texas Page 1 Monday, December 21, 2020 City Council Meeting Agenda December 21, 2020 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Chris Walker, Lead Pastor, Kingdom Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City of Mesquite Staff. PRESENTATIONS 4 20-5172 Receive video presentation recognizing Real. Texas. Service. Champions. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda by motion of the City Council.) 5 20-5105 Minutes of the regular City Council meeting held December 7, 2020. Attachments: 12.07.2020m 6 20-5158 A resolution authorizing the sale of tax-foreclosed property located at 109 Clary Drive in Mesquite, Texas (the “Property”); accepting the offer from Jose R. Velasquez and Maria Velasquez (the “Purchasers”) to purchase the Property; ratifying and approving the Offer and Purchase Agreement executed by the Purchasers setting forth the terms and conditions of the sale of the Property; and authorizing the City Manager to execute the City of Mesquite, Texas Page 2 Monday, December 21, 2020 City Council Meeting Agenda December 21, 2020 quitclaim deed and all other necessary or requested documents to complete the closing and sale of the Property. Attachments: Resolution 7 20-5167 A resolution authorizing acceptance of the 2020 Homeland Security Grant Program and execution of the sub-recipient agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency, in the amount of $164,198.32; authorizing the Emergency Management Coordinator as the authorized official to apply for, accept, reject, alter or terminate the grant on behalf of the city. Attachments: 2020 Texas Homeland Security OOG Statement of Grant Project Awards (SOGA) Resolution 8 20-5178 RFP No. 2020-109 - Annual Contract for Spay/Neuter Services - Supplementing prior Council contract award, File ID No. 20-5111 approved on November 16, 2020, Agenda Item No. 10, to change the vendor name from Pathway Vet Alliance, LLC, to PP-TX LLC, its affiliated entity. 9 20-5163 Bid No. 2021-016 - Annual Supply of Ammunition. (Authorize the City Manager to finalize and execute a contract with Precision/Delta Corporation - Group 1, Item Nos. 1, 2, 3, and 4 in the amount of $79,508.80; G T Distributors, Inc. - Group II, Item Nos. 1, 3, 4, 5, 6, 8, 9, and 10 in the amount of $85,598.00, for a total amount of $165,106.80. The term of the contract is for one year with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to appropriation of sufficient funds.) Attachments: Bid Tabulation 10 20-5150 Bid No. 2021-031 - Storage Area Network (SAN) Replacement for General Government and Public Safety. (Staff recommends award to UniqueDigital, Inc., through the Texas Department of Information Resources (DIR) Contract No. DIR-TSO-3763 in the amount of $599,882.08.) Attachments: SAN Quote 11 20-5155 Bid No. 2021-032 - Enterprise Data Backup System. (Staff recommends award to SHI Government Solutions, through BuyBoard Contract No. 579-19, sponsored by the Texas Association of School Boards, in the amount of $161,896.71.) Attachments: Cohesity Quote 12 20-5174 Bid No. 2021-037 - Purchase of 19 ZOLL X Series Advanced Manual Monitor/Defibrillators and 3 ZOLL AED Plus Devices. (Staff recommends award to Zoll Medical Corporation through SAVVIK Contract No. 2018-11 in the amount of $699,995.96.) City of Mesquite, Texas Page 3 Monday, December 21, 2020 City Council Meeting Agenda December 21, 2020 Attachments: Quote SAVVIK Buying Group Vendor Announcement.pdf 13 20-5175 Bid No. I009-2021 - Annual Inspection and Cleaning of Firefighting Protective Gear. (Authorize the City Manager to finalize and execute a contract with low bidder Gear Cleaning Solutions, LLC, in an amount not to exceed $51,280.00. The term of this contract is for one year, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to annual appropriation of sufficient funds.) Attachments: Bid Tabulation 14 20-5160 Authorize the City Manager to finalize and execute an Interlocal Cooperation Contract with the Department of Public Safety (DPS) for the purpose of providing a tactical flight officer in the DPS Aircraft Operations Division. 15 20-5161 Authorize the City Manager to finalize and execute Amendment No. 2 to a contract with Binkley & Barfield, Inc., for additional design and preparation of construction documents for the Gus Thomasson Road Reconstruction Project (Town East Boulevard to US Highway 80) in the amount of $19,500.00. 16 20-5157 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2020-049, Town Ridge, Pecan Bend, Woodlawn, Skyline Neighborhoods Paving Improvements, with Estrada Concrete Company, LLC, for additional services requested in the amount of $154,740.00. Attachments: Item Tabulation RECEIPT OF RESIGNATION 17 20-5184 Receive resignation from Rachel Lopez as a member of the Civil Service Commission and Personnel/Trial Board. Attachments: Resignation E-Mail APPOINTMENTS TO BOARDS AND COMMISSIONS 18 20-5165 Consider appointment of two regular members (Positions No. 2 and No. 4) and one alternate member (Alternate No. 2) to the Board of Adjustment for terms to expire December 31, 2022. 19 20-5164 Consider appointment of three members to the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2023, (Places 1, 2 and 3), two members for terms to expire December 31, 2021, (Places 7 and 8) and one member for a term to expire December 31, 2022, (Place 9). 20 20-5176 Consider appointment of two members to the Keep Mesquite Beautiful, City of Mesquite, Texas Page 4 Monday, December 21, 2020 City Council Meeting Agenda December 21, 2020 Inc., Board of Directors for terms to expire December 31, 2023, and one member for a term to expire December 31, 2022. 21 20-5162 Consider appointment of four regular members and one alternate member to the Landmark Commission for terms to expire December 31, 2021, and three regular members and one alternate member for terms to expire December 31, 2022. Attachments: Kelly Baird Teia Collier Lisa Haar Valerie Palmer William J. Richardson Mo Sanford 22 20-5180 Consider appointment of four members to the Mesquite Downtown Development Advisory Board for terms to expire December 31, 2023. Attachments: Personal Data Form - Dustin Palmer 23 20-5182 Consider appointment of one regular member and one alternate member to the Mesquite Housing Board for terms to expire December 3, 2021, and one alternate member for a term to expire December 3, 2022. Attachments: Personal Data Form - Brandy Baxter Personal Data Form - Tyrell Patton 24 20-5181 Consider appointment of one regular member to the Municipal Library Advisory Board for a term to expire December 4, 2021, and one regular member and two alternate members for terms to expire December 4, 2022. Attachments: Personal Data Form - Marissa Herrera-Oldfield Personal Data Form - Chanteau “Janice” Chennault 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.) 25 20-5138 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program to promote local economic development and stimulate business and commercial activity in the City of Mesquite, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Cheryl Allen for façade improvements to the building located at 136 East Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. City of Mesquite, Texas Page 5 Monday, December 21, 2020 City Council Meeting Agenda December 21, 2020 Attachments: Resolution 26 20-5156 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program to promote local economic development and stimulate business and commercial activity in the City of Mesquite, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Bill Metzger for façade improvements to the building located at 111 West Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution 27 20-5166 Conduct a public hearing and consider an ordinance for Application No. Z1120-0157, submitted by Coy Quine on behalf of TSCA-203 Limited Partnership, for a change of zoning from North Gus Thomasson Corridor District to Planned Development - General Retail, to allow outdoor display and sales, and wholesale and retail sales of plumbing, electrical and mechanical related supplies, in addition to other uses allowed in the General Retail Zoning District, located at 4414 Gus Thomasson Road. (No responses in favor and one 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 28 20-5170 Conduct a public hearing and consider possible action regarding a request from William Jones and Dr. John Fain, to waive the requirement for an eight-foot-tall, long-span precast masonry screening wall along the western and southern property lines of property located at 610 North Town East Boulevard. (No responses in favor or in opposition to the application have been received from property owners within the notification area.) Attachments: Applicant Letter Graphic Notification Area Map ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Monday, December 21, 2020 City Council Meeting Agenda December 21, 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. Agustin Baena, et al v. The City of Mesquite, et al, Cause No. DC-20-14261– Filed 9-29-20 15. City of Mesquite v. Branden Sanders and 2412 Baretta Dr., Texas 75181, in rem, Cause No. DC-20-1843 – Filed 12-14-20 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. City of Mesquite, Texas Page 7 Monday, December 21, 2020 City Council Meeting Agenda December 21, 2020 Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such a business prospect. The following subjects may be discussed: 29 20-5189 Discuss economic development incentives for a prospective business seeking to locate on IH 30 east of North Galloway and west of Northwest Drive. 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). 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 21, 2020

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