City Council
Regular MeetingMesquite, TX · December 21, 2020
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.
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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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