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City Council

Regular Meeting

Mesquite, TX · March 1, 2021

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, March 1, 2021 5:15 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Pro Tem Robert Miklos and Councilmembers Dan Aleman, Tandy Boroughs, B. W. Smith and Sherry Wisdom, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Mayor Bruce Archer and Councilmember Kenny Green. PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the Winter Storm Response. Regarding water bill adjustments, it was Council consensus to approve Option B as presented: The City will compare the February 2021 water usage to the January 2021 water usage and adjust the consumption based on the lower of the two bill periods. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:31 P.M. 2 Receive preliminary financial statements for fiscal year ending September 30, 2020, the period covering October 1, 2019, through September 30, 2020. Cindy Smith, Director of Finance, presented the preliminary financial statements for fiscal year ending September 30, 2020, the period covering October 1, 2019, through September 30, 2020. The work session ended at 6:55 p.m. 3 Receive Neighborhood Services Environmental Code quarterly report for the period of October 1, 2020, through December 31, 2020. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M. INVOCATION Deputy Mayor Pro Tem Dan Aleman. PLEDGE OF ALLEGIANCE City of Mesquite Staff. City of Mesquite, Texas Page 1 City Council Minutes - Final March 1, 2021 SPECIAL ANNOUNCEMENTS 1. Ms. Wisdom recognized the Economic Development Department for receiving the “Economic Excellence Recognition” from the Texas Economic Development Council. Mesquite was one of only 49 economic development organizations to earn this prestigious recognition out of 660 in the state. 2. Mr. Boroughs reminded residents that the City has created an Emergency Home Repair Assistance Program to help income-eligible homeowners impacted by the winter storm. The program can assist with emergency home repairs, including plumbing, electrical, heating, ventilation and air conditioning mechanical repairs. Homeowners can contact the Department of Community Services at 972-329- 8332 for more information. 3. Mr. Boroughs stated that this past Saturday morning, February 27, 2021, he and City Manager Cliff Keheley attended a dedication service for a new church, Living Gospel Church, 700 Rodeo Center Blvd. Pastor Clark and his wife extended an invitation to residents to visit and be a part of their church. 4. Mr. Smith stated that five new police officers recently graduated from the 14th Mesquite Police Department (MPD) Basic Peace Officer Course (BPOC). The MPD has graduated 92 recruits since the training academy began in 2013. According to the Texas Commission on Law Enforcement website, there are 2,778 agencies, and only 115 conduct their own academies, including the MPD BPOC. 5. Mr. Aleman stated that the Office of Neighborhood Vitality will host the 4th Annual Neighborhood Summit on Saturday, March 6, 2021, from 9:00 a.m. to 11:00 a.m. All Mesquite residents have the opportunity to join this virtual event. The free summit will feature guest speakers and more to educate and provide helpful tips for coordinating neighborhood groups. 6. Mr. Aleman encouraged citizens to utilize the myMesquite app to report code violations or concerns in their neighborhoods. 7. Mr. Aleman commended Teresa Jackson and Sharing Life Community Outreach for coming to the aid of many residents who were affected by the recent winter storm. Sharing Life partnered with the Mesquite Ministerial Alliance to provide shelter for residents who were without electricity and /or water service. 8. Mr. Miklos recognized City staff for their efforts during the recent winter storm to assist residents . Many services were provided by the City and local businesses. A warming center was set up at Evans Recreation Center, the libraries provided computer access to residents, local churches provided residents with shelter and many more services. He thanked Pepsi -Cola for donating bottled water which was distributed to residents, Teresa Jackson with Sharing Life Community Outreach for assisting with residents needs and to Skip Parsotam, owner of the Budget Inn, for providing a warm place for residents to stay. Mr. Miklos thanked everyone who provided assistance during this extraordinary winter storm. CONSENT AGENDA Approval of the Consent Agenda Ms. Wisdom moved to approve Item Nos. 4-5 and 7-23 on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and approved unanimously. 4 Minutes of the regular City Council meeting held February 1, 2021. Approved on the Consent Agenda. 5 An emergency measure ordinance of the City of Mesquite, Texas, authorized pursuant to Mesquite City Charter, Article IV, Section 18 and Section 19; continuing the Mayor’s Declaration of Local State of Disaster for Public Health City of Mesquite, Texas Page 2 City Council Minutes - Final March 1, 2021 Emergency related to COVID-19 issued on March 23, 2020, and as further continued and authorized by the following 2020 ordinances, Ordinance No. 4773, No. 4781, No. 4784, No. 4793, No. 4804, and No. 4822; and 2021 Ordinance No. 4836; confirming the continued activation of the City’s emergency management plans; adopting and approving certain rules and orders to protect the health and safety of persons in the City and to help abate the public health emergency; authorizing the City Manager or his designee to make certain decisions and to take necessary actions to meet City objectives to have City government remain functional while providing essential governmental services during this rapidly changing environment created by the public health emergency; making various findings and provisions related to the subject; making it an offense to fail to comply with a state, local, or interjurisdictional emergency management plan or any rule, order, or ordinance adopted under the plan and providing a penalty in an amount not to exceed one thousand dollars ($1,000.00) for each offense. Approved on the Consent Agenda. Ordinance No. 4844, AN EMERGENCY MEASURE ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AUTHORIZED PURSUANT TO MESQUITE CITY CHARTER, ARTICLE IV, SECTION 18 AND SECTION 19; CONTINUING THE MAYOR’S DECLARATION OF LOCAL STATE OF DISASTER FOR PUBLIC HEALTH EMERGENCY RELATED TO COVID-19 ISSUED ON MARCH 23, 2020, AND AS FURTHER CONTINUED AND AUTHORIZED BY THE FOLLOWING 2020 ORDINANCES, ORDINANCE NO. 4773, NO. 4781, NO. 4784, NO. 4793, NO. 4804, AND NO. 4822; AND 2021 ORDINANCE NO. 4836; CONFIRMING THE CONTINUED ACTIVATION OF THE CITY’S EMERGENCY MANAGEMENT PLANS; ADOPTING AND APPROVING CERTAIN RULES AND ORDERS TO PROTECT THE HEALTH AND SAFETY OF PERSONS IN THE CITY AND TO HELP ABATE THE PUBLIC HEALTH EMERGENCY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE CERTAIN DECISIONS AND TO TAKE NECESSARY ACTIONS TO MEET CITY OBJECTIVES TO HAVE CITY GOVERNMENT REMAIN FUNCTIONAL WHILE PROVIDING ESSENTIAL GOVERNMENTAL SERVICES DURING THIS RAPIDLY CHANGING ENVIRONMENT CREATED BY THE PUBLIC HEALTH EMERGENCY; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; MAKING IT AN OFFENSE TO FAIL TO COMPLY WITH A STATE, LOCAL, OR INTERJURISDICTIONAL EMERGENCY MANAGEMENT PLAN OR ANY RULE, ORDER, OR ORDINANCE ADOPTED UNDER THE PLAN AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EFFECTIVE DATE; AND DECLARING AN EXPIRATION DATE. (Ordinance No. 4844 recorded in Ordinance Book No. 123.) 7 A resolution setting a public hearing under Section 372.009 of the Texas Local Government Code for the creation of the Solterra Public Improvement District (PID) to include approximately 1,424.398 acres of land generally located southwest of East Cartwright Road and both northwest and southeast of Faithon P. Lucas, Sr., Boulevard within the corporate limits of the City of Mesquite, Texas, and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Approved on the Consent Agenda. Resolution No. 07-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City of Mesquite, Texas Page 3 City Council Minutes - Final March 1, 2021 MESQUITE, TEXAS, SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE FOR THE CREATION OF THE SOLTERRA PUBLIC IMPROVEMENT DISTRICT TO INCLUDE APPROXIMATELY 1,424.398 ACRES OF LAND GENERALLY LOCATED SOUTHWEST OF EAST CARTWRIGHT ROAD AND BOTH NORTHWEST AND SOUTHEAST OF FAITHON P. LUCAS, SR., BOULEVARD WITHIN THE CORPORATE LIMITS OF THE CITY OF MESQUITE, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF MESQUITE, TEXAS, REGARDING THE PUBLIC HEARING. (Resolution No. 07-2021 recorded in Resolution Book No. 62.) 8 A resolution authorizing the submission of the 2019 Community Development Block Grant’s Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD). Approved on the Consent Agenda. Resolution No. 08-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE SUBMISSION OF THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT’S CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (Resolution No. 08-2021 recorded in Resolution Book No. 62.) 9 Bid No. 2021-048 - 117 West Main Renovation. (Authorize the City Manager to finalize and execute the required documents with Custard Construction Services, through Tips/Taps Contract No. 181101, in the amount of $478,248.72.) Approved on the Consent Agenda. 10 RFP No. 2021-052 - Copeland Park Design Services. (Authorize the City Manager to finalize and execute a contract with Kimley -Horn and Associates, Inc., in the amount of $150,000.00.) Approved on the Consent Agenda. 11 Bid No. 2021-057 - Annual Supply of Goodyear, Dunlop and BF Goodrich Auto, Truck and Industrial Tires. (Staff recommends award to Wingfoot Tire dba Goodyear Tire and Rubber Company, through Sourcewell Contract No. 102517-GTC, in an amount not to exceed $239,083.93 annually, for a period of up to five years, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 12 Bid No. 2021-058 - Annual Supply of Bridgestone/Firestone Auto, Truck and Industrial Tires. (Staff recommends award to Southern Tire Mart, LLC, through The Interlocal Purchasing System (TIPS) Contract No. 180603, in an amount not to exceed $166,121.49 annually, for a period of up to six years, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. City of Mesquite, Texas Page 4 City Council Minutes - Final March 1, 2021 13 Bid No. 2021-060 - Purchase of Six (6) Pickup Trucks for 2020-2021. (Staff recommends award to Sam Pack’s Five Star Ford in Carrollton, Texas, through BuyBoard Contract No. 601-19, Tarrant County Contract No. 2019-041 in the amount of $298,387.83.) Approved on the Consent Agenda. 14 Bid No. 2021-061 - Purchase Three Ventrac Tractors with Attachments. (Staff recommends award to Austin Turf & Tractor in Farmers Branch, Texas, through BuyBoard Contract No. 611-20, sponsored by the Texas Association of School Boards, in the amount of $96,354.00.) Approved on the Consent Agenda. 15 Bid No. 2021-070 - Annual Supply of Emergency Medical Supplies. (Authorize the City Manager to finalize and execute a contract with Bound Tree Medical, LLC, through an Interlocal Cooperative Purchasing Agreement with the City of Midlothian, in an amount not to exceed $175,000.00.) Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute an Agreement for Public Improvement District (PID) and Tax Increment Reinvestment Zone (TIRZ) Creation and Administration Services with P3Works, LLC, for the Solterra Development for an initial term of three years with one-year automatic renewal options. Approved on the Consent Agenda. 17 Authorize the City Manager to finalize and execute a Credit Sales Agreement with Red Oak Umbrella Mitigation, Ltd., for wetland mitigation credits for the Kaufman County Large Diameter Transition Main, in the amount of $105,888.00. Approved on the Consent Agenda. 18 Authorize the City Manager to finalize and execute Supplemental Agreement No . 2 to RFP No. 2017-020, Annual Contract for Recyclables Processing and Marketing, with FOMENTO DE CONSTRUCCIONES Y CONTRATAS, INC, dba FCC, SA. Approved on the Consent Agenda. 19 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. 2019-024, Gus Thomasson Road Reconstruction, Utility & Drainage Improvements - U.S. Highway 80 to Town East Boulevard, with Tiseo Paving Company to reconcile contract quantities to field quantities and provide payment for additional work in the amount of $276,526.19. Approved on the Consent Agenda. 20 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. 2019-037, Annual Miscellaneous Concrete Work (Section A), with Donny P. Brown, Inc., dba B&B Concrete Sawing, Inc., for additional services in the City of Mesquite, Texas Page 5 City Council Minutes - Final March 1, 2021 amount of $69,346.60. Approved on the Consent Agenda. 21 Approve Amendment No. 2 to the Fiscal Year 2020-21 Police State Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $200,000.00. Approved on the Consent Agenda. 22 Receive the Fiscal Year 2019-2020 annual report from the Mesquite Quality of Life Corporation Board of Directors. Approved on the Consent Agenda. 23 Receive the January 2021 semiannual report for impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 6 An ordinance approving an amendment to the Downtown Mesquite Fa çade Improvement Program of the Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas, previously approved by City Ordinance No. 4672 to allow for grants of up to $20,000.00 per street address instead of $20,000.00 per property to encourage the rehabilitation, enhancement, restoration and preservation of the facades of buildings occupied by multiple business uses located within a designated portion of the City of Mesquite’s downtown area. Mr. Aleman left the meeting. Mr. Boroughs moved to approve Ordinance No. 4845, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, APPROVING AN AMENDMENT TO THE DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM OF THE TOWNE CENTRE REINVESTMENT ZONE NUMBER TWO, CITY OF MESQUITE, TEXAS, PREVIOUSLY APPROVED BY CITY ORDINANCE NO. 4672 TO ALLOW FOR GRANTS OF UP TO $20,000 PER STREET ADDRESS INSTEAD OF $20,000 PER PROPERTY TO ENCOURAGE THE REHABILITATION, ENHANCEMENT, RESTORATION, AND PRESERVATION OF THE FACADES OF BUILDINGS OCCUPIED BY MULTIPLE BUSINESS USES LOCATED WITHIN A DESIGNATED PORTION OF THE CITY OF MESQUITE’S DOWNTOWN AREA; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Ms. Wisdom. On call for a vote on the motion, the following votes were cast: Ayes: Boroughs, Wisdom, Miklos, Smith Nayes: None Absent: Archer, Green Abstentions: Aleman Motion carried. (Ordinance No. 4845 recorded in Ordinance Book No. 123.) City of Mesquite, Texas Page 6 City Council Minutes - Final March 1, 2021 END OF CONSENT AGENDA RECEIPT OF RESIGNATION 24 Receive resignation from Patrick Reyes as a regular member of the Building Standards Board. Mr. Aleman entered the meeting. Mr. Aleman moved to accept the resignation from Patrick Reyes as a regular member of the Building Standards Board. Motion was seconded by Mr. Boroughs and approved unanimously. 25 Receive resignation from Mo Sanford as a regular member of the Landmark Commission. Mr. Boroughs moved to accept the resignation from Mo Sanford as a regular member of the Landmark Commission. Motion was seconded by Ms. Wisdom and approved unanimously. 26 Receive resignation from Andrew Hubacek as a member of the Mesquite Quality of Life, Inc., Board of Directors. Ms. Wisdom moved to accept the resignation from Andrew Hubacek as a member of the Mesquite Quality of Life, Inc., Board of Directors. Motion was seconded by Mr. Smith and approved unanimously. 27 Receive resignation from Brandon Murden as an alternate member of the Planning and Zoning Commission and Capital Improvements Advisory Committee. Mr. Boroughs moved to accept the resignation from Brandon Murden as an alternate member of the Planning and Zoning Commission and Capital Improvements Advisory Committee. Motion was seconded by Mr. Smith and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 28 Consider appointment of one regular member and one alternate member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire December 31, 2021. Mr. Aleman moved to change the appointment of Dorothy Patterson from an alternate member (Alternate No. 1) to a regular member (Position No. 1) of the Planning and Zoning Commission/Capital Improvements Advisory Committee and to appoint Nancy Felix as an alternate member (Alternate No. 1) for terms to expire December 31, 2021. Motion was seconded by Mr. Boroughs and approved unanimously. 29 Consider appointment of Ken Cates and Skeet Phillips as members of the Board of Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), representing Kaufman County, for two-year terms to expire March 1, 2023. City of Mesquite, Texas Page 7 City Council Minutes - Final March 1, 2021 Mr. Aleman moved to appoint Ken Cates and Skeet Phillips as members of the Board of Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), representing Kaufman County, for two-year terms to expire March 1, 2023. Motion was seconded by Ms. Wisdom and approved unanimously. PUBLIC HEARING 30 Conduct a public hearing and consider a resolution authorizing the exchange of property with the Mesquite Independent School District (MISD) for the construction and maintenance of a detention pond and a driveway for Vanguard High School on property located at 1717 McKenzie Road, Mesquite, Texas, in exchange for MISD land on property located at 4201 Faithon P. Lucas, Sr., Boulevard, Mesquite, Texas, finding that there is no feasible and prudent alternative to MISD’s use of the land, and all reasonable planning has been done to minimize harm to the land as a park; and authorizing the City Manager to execute the exchange agreement with MISD and all documents necessary to consummate the transactions contemplated in the exchange agreement. A public hearing was held to consider a property exchange between the City of Mesquite and the Mesquite Independent School District (MISD). Ted Chinn, Assistant City Manager, stated that the Mesquite Independent School District (MISD) has requested to exchange a portion of City park property (1.501-acre tract) that is adjacent to the Mesquite Girls’ Softball Complex fronting Faithon P. Lucas, Sr., Boulevard, between the Complex parking lot and the new Vanguard High School, for an equal portion (1.501-acre tract) of MISD property that abuts 49.64 acres of vacant City park property. This will enable MISD to construct and maintain a drainage detention pond and a one-way driveway exit from the new high school. The topography of the school site could not accommodate a safer location along Faithon P. Lucas, Sr., Boulevard for the ingress and egress of school traffic, or provide onsite detention drainage without locating the improvements on the City tract. Mr. Chinn stated that State law requires a public hearing when park property use or designation is changed. Staff finds there is no feasible and prudent alternative to the proposed exchange of property and that no harm to city park property will result from the exchange. The tracts to be exchanged are an acre for acre exchange and would not result in any net loss of city park property. No one appeared regarding the property exchange. Mr. Aleman moved to approve Resolution No. 09-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE EXCHANGE OF PROPERTY WITH THE MESQUITE INDEPENDENT SCHOOL DISTRICT (“MISD”) FOR THE CONSTRUCTION AND MAINTENANCE OF A DETENTION POND AND A DRIVEWAY FOR VANGUARD HIGH SCHOOL ON PROPERTY LOCATED AT 1717 MCKENZIE ROAD, MESQUITE, TEXAS, IN EXCHANGE FOR MISD LAND ON PROPERTY LOCATED AT 4201 FAITHON P. LUCAS, SR., BOULEVARD, MESQUITE, TEXAS; FINDING THAT THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO MISD’S USE OF THE LAND, AND ALL REASONABLE PLANNING HAS BEEN DONE TO MINIMIZE HARM TO THE LAND AS A PARK; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXCHANGE AGREEMENT WITH MISD AND ALL DOCUMENTS NECESSARY TO CONSUMMATE City of Mesquite, Texas Page 8 City Council Minutes - Final March 1, 2021 THE TRANSACTIONS CONTEMPLATED IN THE EXCHANGE AGREEMENT. Motion was seconded by Ms. Wisdom and approved unanimously. (Resolution No. 09-2021 recorded in Resolution Book No. 62.) ADJOURNMENT Mr. Aleman moved to adjourn the meeting. Motion was seconded by Mr. Boroughs and approved unanimously. The meeting adjourned at 7:38 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Robert Miklos, Mayor Pro Tem City of Mesquite, Texas Page 9

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, March 1, 2021 5:15 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas In accordance with the Governor’s suspension of various provisions of the Texas Open Meetings Act issued pursuant to his State Disaster Authority, and guidance issued on the suspension by the Attorney General’s Office: 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 March 1, 2021. 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 March 1, 2021, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M. upon conclusion of the meeting of the Board of Directors, Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas AGENDA REVIEW STAFF PRESENTATIONS 1 21-5310 Receive briefing regarding the Winter Storm Response. (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 - COUNCIL CONFERENCE ROOM - 5:15 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. City of Mesquite, Texas Page 1 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 2 21-5275 Receive preliminary financial statements for fiscal year ending September 30, 2020, the period covering October 1, 2019, through September 30, 2020. Attachments: FYE20 Financial Statement FYE20 Financial Statement Highlights.pdf 3 21-5298 Receive Neighborhood Services Environmental Code quarterly report for the period of October 1, 2020, through December 31, 2020. Attachments: Environmental Code FY 2020-2021 1st Quarter Summary REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Deputy Mayor Pro Tem Dan Aleman. PLEDGE OF ALLEGIANCE City of Mesquite Staff. 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.) 4 21-5272 Minutes of the regular City Council meeting held February 1, 2021. Attachments: 02.01.2021m City of Mesquite, Texas Page 2 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 5 21-5278 An emergency measure ordinance of the City of Mesquite, Texas, authorized pursuant to Mesquite City Charter, Article IV, Section 18 and Section 19; continuing the Mayor’s Declaration of Local State of Disaster for Public Health Emergency related to COVID-19 issued on March 23, 2020, and as further continued and authorized by the following 2020 ordinances, Ordinance No. 4773, No. 4781, No. 4784, No. 4793, No. 4804, and No. 4822; and 2021 Ordinance No. 4836; confirming the continued activation of the City’s emergency management plans; adopting and approving certain rules and orders to protect the health and safety of persons in the City and to help abate the public health emergency; authorizing the City Manager or his designee to make certain decisions and to take necessary actions to meet City objectives to have City government remain functional while providing essential governmental services during this rapidly changing environment created by the public health emergency; making various findings and provisions related to the subject; making it an offense to fail to comply with a state, local, or interjurisdictional emergency management plan or any rule, order, or ordinance adopted under the plan and providing a penalty in an amount not to exceed one thousand dollars ($1,000.00) for each offense. Attachments: Ordinance 6 21-5297 An ordinance approving an amendment to the Downtown Mesquite Façade Improvement Program of the Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas, previously approved by City Ordinance No. 4672 to allow for grants of up to $20,000.00 per street address instead of $20,000.00 per property to encourage the rehabilitation, enhancement, restoration and preservation of the facades of buildings occupied by multiple business uses located within a designated portion of the City of Mesquite’s downtown area. Attachments: Ordinance 7 21-5292 A resolution setting a public hearing under Section 372.009 of the Texas Local Government Code for the creation of the Solterra Public Improvement District (PID) to include approximately 1,424.398 acres of land generally located southwest of East Cartwright Road and both northwest and southeast of Faithon P. Lucas, Sr., Boulevard within the corporate limits of the City of Mesquite, Texas, and authorizing the issuance of notice by the City Secretary of Mesquite, Texas, regarding the public hearing. Attachments: Solterra PID Petition Resolution City of Mesquite, Texas Page 3 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 8 21-5301 A resolution authorizing the submission of the 2019 Community Development Block Grant’s Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD). Attachments: Resolution PY2019 CAPER 9 21-5273 Bid No. 2021-048 - 117 West Main Renovation. (Authorize the City Manager to finalize and execute the required documents with Custard Construction Services, through Tips/Taps Contract No. 181101, in the amount of $478,248.72.) Attachments: Custard Construction Services Proposal Lease Agreement 10 21-5224 RFP No. 2021-052 - Copeland Park Design Services. (Authorize the City Manager to finalize and execute a contract with Kimley-Horn and Associates, Inc., in the amount of $150,000.00.) Attachments: Concept Exhibit for Copeland Park 11 21-5250 Bid No. 2021-057 - Annual Supply of Goodyear, Dunlop and BF Goodrich Auto, Truck and Industrial Tires. (Staff recommends award to Wingfoot Tire dba Goodyear Tire and Rubber Company, through Sourcewell Contract No. 102517-GTC, in an amount not to exceed $239,083.93 annually, for a period of up to five years, subject to annual appropriation of sufficient funds.) Attachments: Sourcewell Contract No. 102517-GTC 12 21-5251 Bid No. 2021-058 - Annual Supply of Bridgestone/Firestone Auto, Truck and Industrial Tires. (Staff recommends award to Southern Tire Mart, LLC, through The Interlocal Purchasing System (TIPS) Contract No. 180603, in an amount not to exceed $166,121.49 annually, for a period of up to six years, subject to annual appropriation of sufficient funds.) Attachments: TIPS Contract Price Listing 13 21-5281 Bid No. 2021-060 - Purchase of Six (6) Pickup Trucks for 2020-2021. (Staff recommends award to Sam Pack’s Five Star Ford in Carrollton, Texas, through BuyBoard Contract No. 601-19, Tarrant County Contract No. 2019-041 in the amount of $298,387.83.) Attachments: Photo - Ford F-250 XL Reg Cab Photo - Ford-F-250 XL Crew Cab Pickup Photo - Ford F-750 XL Regular Cab City of Mesquite, Texas Page 4 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 14 21-5267 Bid No. 2021-061 - Purchase Three Ventrac Tractors with Attachments. (Staff recommends award to Austin Turf & Tractor in Farmers Branch, Texas, through BuyBoard Contract No. 611-20, sponsored by the Texas Association of School Boards, in the amount of $96,354.00.) Attachments: BuyBoard Quote 15 21-5303 Bid No. 2021-070 - Annual Supply of Emergency Medical Supplies. (Authorize the City Manager to finalize and execute a contract with Bound Tree Medical, LLC, through an Interlocal Cooperative Purchasing Agreement with the City of Midlothian, in an amount not to exceed $175,000.00.) Attachments: Contract 16 21-5293 Authorize the City Manager to finalize and execute an Agreement for Public Improvement District (PID) and Tax Increment Reinvestment Zone (TIRZ) Creation and Administration Services with P3Works, LLC, for the Solterra Development for an initial term of three years with one-year automatic renewal options. Attachments: Agreement for PID and TIRZ Admin Services 17 21-5274 Authorize the City Manager to finalize and execute a Credit Sales Agreement with Red Oak Umbrella Mitigation, Ltd., for wetland mitigation credits for the Kaufman County Large Diameter Transition Main, in the amount of $105,888.00. Attachments: Agreement 18 21-5282 Authorize the City Manager to finalize and execute Supplemental Agreement No. 2 to RFP No. 2017-020, Annual Contract for Recyclables Processing and Marketing, with FOMENTO DE CONSTRUCCIONES Y CONTRATAS, INC, dba FCC, SA. Attachments: FCC Renewal Letter 19 21-5268 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. 2019-024, Gus Thomasson Road Reconstruction, Utility & Drainage Improvements - U.S. Highway 80 to Town East Boulevard, with Tiseo Paving Company to reconcile contract quantities to field quantities and provide payment for additional work in the amount of $276,526.19. Attachments: Change Order No. 3 20 21-5266 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. 2019-037, Annual Miscellaneous Concrete Work (Section A), with Donny P. Brown, Inc., dba B&B Concrete Sawing, Inc., for additional services in the amount of $69,346.60. Attachments: Item Tabulation City of Mesquite, Texas Page 5 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 21 21-5302 Approve Amendment No. 2 to the Fiscal Year 2020-21 Police State Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $200,000.00. Attachments: Seizure Amendment No 2 22 21-5307 Receive the Fiscal Year 2019-2020 annual report from the Mesquite Quality of Life Corporation Board of Directors. Attachments: Annual Report 2019-2020.pdf 23 21-5260 Receive the January 2021 semiannual report for impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Attachments: January 2021 CIAC report CIAC Minutes 01-25-2021 RECEIPT OF RESIGNATION 24 21-5257 Receive resignation from Patrick Reyes as a regular member of the Building Standards Board. Attachments: Resignation Letter 25 21-5277 Receive resignation from Mo Sanford as a regular member of the Landmark Commission. Attachments: Resignation Email 26 21-5283 Receive resignation from Andrew Hubacek as a member of the Mesquite Quality of Life, Inc., Board of Directors. Attachments: Resignation Letter 27 21-5284 Receive resignation from Brandon Murden as an alternate member of the Planning and Zoning Commission and Capital Improvements Advisory Committee. Attachments: Resignation Email APPOINTMENTS TO BOARDS AND COMMISSIONS 28 21-5271 Consider appointment of one regular member and one alternate member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire December 31, 2021. Attachments: Personal Data Form - Nancy Felix City of Mesquite, Texas Page 6 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 29 21-5254 Consider appointment of Ken Cates and Skeet Phillips as members of the Board of Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), representing Kaufman County, for two-year terms to expire March 1, 2023. Attachments: County Order Appointing Two Members to Spradley Farms TIRZ Board Amendment to Tax Participation Agreement PUBLIC HEARINGS 30 21-5259 Conduct a public hearing and consider a resolution authorizing the exchange of property with the Mesquite Independent School District (MISD) for the construction and maintenance of a detention pond and a driveway for Vanguard High School on property located at 1717 McKenzie Road, Mesquite, Texas, in exchange for MISD land on property located at 4201 Faithon P. Lucas, Sr., Boulevard, Mesquite, Texas, finding that there is no feasible and prudent alternative to MISD’s use of the land, and all reasonable planning has been done to minimize harm to the land as a park; and authorizing the City Manager to execute the exchange agreement with MISD and all documents necessary to consummate the transactions contemplated in the exchange agreement. Attachments: Resolution City-MISD Property Exchange Site Plan City Tract Location Map MISD Tract Location Map ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 7 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 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, Cause No. 3:15-CV-02638-B – Filed 8-12-15 2. 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 3. 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 4. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18 5. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19 6. 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 7. 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 8. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed 5-22-20 9. 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 10. 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 11. Kenneth Parker v. City of Mesquite, Cause No. DC-20-14625 – Filed 10-5-20 12. City of Mesquite v. Branden Sanders and 2412 Baretta Dr., Texas 75181, in rem, Cause No. DC-20-18343 – Filed 12-14-20 13. Vault Ventures, LLC v. City of Mesquite and Cliff Keheley, in his Official Capacity as Mesquite City Manager, Cause No. DC-20-19115 – Filed 12-28-20 14. Delance Holt v. Troy Burke and Olivia Elliott, Civil Action No. 3:21-cv-164 – Filed 1-25-21 Personnel Matters Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). 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. City of Mesquite, Texas Page 8 Monday, March 1, 2021 City Council Meeting Agenda March 1, 2021 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 9 Monday, March 1, 2021

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