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City Council

Regular Meeting

Mesquite, TX · April 19, 2021

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, April 19, 2021 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 presentation regarding Neighborhood Speed Management. Mr. Smith left the meeting at 6:15 p.m. It was Council consensus to direct staff to prepare a Speed Management Policy, including speed bumps and other traffic control features, for future Council consideration. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:11 P.M. INVOCATION Morris Jackson, Pastor, Word of Life Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City of Mesquite Staff. SPECIAL ANNOUNCEMENTS 1. Mayor Archer stated that George Venner was a highly active City of Mesquite Mayor from 1987 to 1991. His accomplishments were many and he continued his service to the community by serving on various boards and commissions. Mayor Venner is a true public servant. Mayor Archer announced that the Municipal Center, 1515 North Galloway Avenue, will be dedicated as “George A. Venner, Sr., Municipal Center.” He thanked Mayor Venner for his service to our community. City of Mesquite, Texas Page 1 City Council Minutes - Final April 19, 2021 2. Ms. Wisdom stated that the Mesquite Arts Center (MAC) has many events scheduled for May 2021. On Monday, May 3, 2021, the "Tote-and-Go” program continues with free art and craft kits for families to take home and create together, the MAC will host a free Courtyard Concert Series, at 7:00 p.m., on Thursday, May 6, 2021, and a Mesquite Symphony Orchestra concert will take place, at 7:30 p.m., on Saturday, May 8, 2021. She encouraged citizens to take advantage of these free entertainment opportunities. 3. Mr. Green announced that the City is now accepting applications for the 2021 Summer Youth Internship Program, which is a great opportunity for students ages 15 to 17 years. The internships will begin Friday, June 11, 2021, and end on Sunday, July 25, 2021. Eligible applicants must live in Mesquite and meet certain Federal income requirements. Applications are due by 5:00 p.m., on Friday, April 30, 2021. 4. Mr. Miklos stated that the City has begun Clean City Initiatives. A part of this initiative is to recruit more volunteer groups for clean-up events such as the Saturday, April 24, 2021, Trash Bash, which is an opportunity for families, neighbors and groups to participate in a community litter pick -up event. He encouraged citizens to participate in this city-wide program to free our community of litter. 5. Mr. Boroughs stated that the Mesquite Parks and Recreation Department will host the annual KidFish fishing tournament as a virtual event from Saturday, April 24, 2021, to Sunday, May 2, 2021. The tournament is open to children ages 3 to 16 years. Participants are invited to submit photos of their fish catch from City Lake Park for an opportunity to compete for trophies and participation medals. 6. Mr. Aleman stated that last week, the City announced that it has been awarded a state grant of $400,000.00 for interim improvements to Lawson Road. The Texas Department of Transportation grant will help fund 90 percent of the project that will add three more feet of road shoulder and a safety guardrail on both lanes of Lawson Road near East Cartwright Road and Milam Road. This will allow the City to make immediate improvements while undertaking the larger project of designing the full reconstruction of this roadway. Mr. Aleman thanked the Public Works Department staff for their efforts in helping the City receive this grant funding. PRESENTATIONS 2 Presentation of meritorious awards to Police Department employees. Interim Police Chief David Faaborg stated that the 2020 Police Department Meritorious Awards recognizes the achievement and outstanding service of members of the Mesquite Police Department and citizens of Mesquite. The following persons were honored in a video presentation: Citizen’s Certificate of Merit – Mr. Patrick Lee and Mr. Rene Santillan Life Saving Bar – Nathan Snyder, Kenneth Barber, Robert Keith, Joseph Miegel, Nicole Shire, Alex Sparling and Clay Woodruff Certificate of Merit – Coy Wilson, Richard Houston and Brantley Miller Civilian of the Year – Christy Russell Sergeant H. Kent Tyler Award (Officer of the Year) – Dustin Chautin CITIZENS FORUM 1. Rex Curry, 2306 Norma Drive, expressed concerns regarding the new regulations for oversized vehicles. 2. Ukiah Swain, 2036 Silverado Drive, expressed concerns regarding social media responsibilities. 3. Jasmine Buschbacher, 3115 Antelope Drive, expressed concerns regarding a disconnect with younger families in the City and navigating the City’s website. City of Mesquite, Texas Page 2 City Council Minutes - Final April 19, 2021 4. Wayne Tywater, 3826 O’Hare Drive, expressed concerns regarding the nationwide search for a new Police Chief and feels that current Police personnel are qualified for the position. 5. Gary Potts, 2007 Cheshire Creek Place, expressed concerns regarding restrictions. CONSENT AGENDA Approval of the Consent Agenda Mr. Miklos requested that Item Nos. 4 and 10 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. 3 Minutes of the regular City Council meeting held April 5, 2021. Approved on the Consent Agenda. 5 A resolution authorizing the City Manager to execute an agreement with the State of Texas through the Texas Department of Transportation for the furnishing and installing of traffic signal equipment by a municipality at the intersection of IH-20 at FM 740 and providing for a maximum reimbursement by the State to the City in the sum of $29,770.00. Approved on the Consent Agenda. Resolution No. 18-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING AND INSTALLING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY AT THE INTERSECTION OF IH-20 AT FM 740, AND PROVIDING FOR A MAXIMUM REIMBURSEMENT BY THE STATE TO THE CITY IN THE SUM OF $29,770.00. (Resolution No. 18-2021 recorded in Resolution Book No. 62.) 6 A resolution authorizing the Mayor to execute the Master Agreement Governing Major Capital Improvement Program (MCIP) with Dallas County for the purpose of transportation improvements on roads inside Dallas County that are in the Dallas County Mobility Plan. Approved on the Consent Agenda. Resolution No. 19-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE MASTER AGREEMENT GOVERNING MAJOR CAPITAL IMPROVEMENT PROGRAM WITH DALLAS COUNTY FOR THE PURPOSE OF TRANSPORTATION IMPROVEMENTS ON ROADS INSIDE DALLAS COUNTY THAT ARE IN THE DALLAS COUNTY MOBILITY PLAN. (Resolution No. 19-2021 recorded in Resolution Book No. 62.) 7 A resolution consenting to the Assignment by Skyline Commerce Center Owner, LP (“Assignor”), to Skyline Owner LLC (“Assignee”), of Assignor’s Interest in that certain Economic Development Program Agreement (Chapter 380 Agreement) dated effective October 20, 2020, between the Assignor and the City of Mesquite, Texas, relating to the Development of two industrial City of Mesquite, Texas Page 3 City Council Minutes - Final April 19, 2021 buildings located at the southeast corner of Buckner Boulevard and Interstate Highway 30 in Mesquite; and authorizing the City Manager to execute all documents necessary in connection therewith. Approved on the Consent Agenda. Resolution No. 20-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, CONSENTING TO THE ASSIGNMENT BY SKYLINE COMMERCE CENTER OWNER, LP (“ASSIGNOR”), TO SKYLINE OWNER LLC (“ASSIGNEE”), OF ASSIGNOR’S INTEREST IN THAT CERTAIN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (CHAPTER 380 AGREEMENT) DATED EFFECTIVE OCTOBER 20, 2020, BETWEEN THE ASSIGNOR AND THE CITY OF MESQUITE, TEXAS, RELATING TO THE DEVELOPMENT OF TWO INDUSTRIAL BUILDINGS LOCATED AT THE SOUTHEAST CORNER OF BUCKNER BOULEVARD AND INTERSTATE HIGHWAY 30 IN MESQUITE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY IN CONNECTION THEREWITH. (Resolution No. 20-2021 recorded in Resolution Book No. 62.) 8 Bid No. 2021-035 - Annual Facility Maintenance, Time and Material, Repair and Remodeling Contract. (Authorize the City Manager to finalize and execute contracts with Concord Commercial Services, Inc., in an amount not to exceed $115,000.00; R Staggs Contracting LLC, dba Staggs Enterprise in an amount not to exceed $10,000.00; Berger Engineering Co. in an amount not to exceed $465,000.00; Boyd Operating Company, LLC, dba Boyd Electric in an amount not to exceed $30,000.00; Artex Overhead Door Company in an amount not to exceed $35,000.00; JM Management LLC, dba JM Construction Solutions in an amount not to exceed $35,000.00; Texas Building Controls in an amount not to exceed $10,000.00; Phillips Lawn Sprinkler Co., Inc. in an amount not to exceed $10,000.00; and Precision Fencing, LLC, in an amount not to exceed $10,000.00, for a total amount not to exceed $720,000.00.) Approved on the Consent Agenda. 9 Bid No. 2021-082 - Purchase of Monitoring Trailers. (Staff recommends award to All Traffic Solutions, Inc., through BuyBoard Contract No. 608-20, in the amount of $66,227.20.) Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 4 An ordinance increasing the number of positions in the Mesquite Police Department in the classification of Police Officer from 200 to 205 and establishing the classifications and total number of authorized positions in each classification of the Mesquite Police Department effective as of April 19, 2021. Mayor Archer stated the City Council is committed to keeping the residents of Mesquite safe. With the growth of our city, the Council understands that there will be a future need for additional firefighters and police officers. Mayor Archer challenged the Council to not only approve these five additional police officer positions but to set a goal of hiring 40 additional police officers within the next five years. City of Mesquite, Texas Page 4 City Council Minutes - Final April 19, 2021 Mr. Aleman moved to approve Ordinance No. 4854, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, INCREASING THE NUMBER OF POSITIONS IN THE MESQUITE POLICE DEPARTMENT IN THE CLASSIFICATION OF POLICE OFFICER FROM 200 TO 205; ESTABLISHING THE CLASSIFICATIONS AND TOTAL NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION OF THE MESQUITE POLICE DEPARTMENT EFFECTIVE AS OF APRIL 19, 2021; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Miklos and approved unanimously. (Ordinance No. 4854 recorded in Ordinance Book No. 123.) 10 Authorize the City Manager to finalize, execute and administer a Memorandum of Understanding between Mesquite and the City of Crandall, Texas (“Crandall”), defining the expectations and responsibilities of both Cities related to the construction and operation of a water supply line from Mesquite to Crandall. Mr. Miklos left the meeting. Mr. Aleman moved to authorize the City Manager to finalize, execute and administer a Memorandum of Understanding between Mesquite and the City of Crandall, Texas (“Crandall”), defining the expectations and responsibilities of both Cities related to the construction and operation of a water supply line from Mesquite to Crandall. Motion was seconded by Mr. Green. On call for a vote on the motion, the following votes were cast: Ayes: Aleman, Green, Archer, Boroughs, Wisdom Nayes: None Absent: Smith Abstentions: Miklos Motion carried. END OF CONSENT AGENDA APPOINTMENTS TO BOARDS AND COMMISSIONS 11 Consider appointment of two members to the Historic Mesquite, Inc ., Board of Directors for terms to expire December 31, 2021, (Places 7 and 8), and one member for a term to expire December 31, 2022, (Place 9). Mr. Miklos entered the meeting. Ms. Wisdom moved to appoint Atrice Adeniyi, Place 7, as a member of the Historic Mesquite, Inc., Board of Directors for a term to expire December 31, 2021. Motion was seconded by Mr. Boroughs and approved unanimously. 12 Consider appointment of one alternate member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2021. Ms. Wisdom moved to change the appointment of Larry Good from the Alternate No. 2 position to the Alternate No. 1 position on the Board of Adjustment for a term to expire December 31, 2021, and to appoint Bryan Odom as an alternate member (Alternate No. 2) for a term to expire December 31, 2022. Motion was seconded by Mr. Aleman. On call for a vote on the motion, the following votes were cast: City of Mesquite, Texas Page 5 City Council Minutes - Final April 19, 2021 Ayes: Wisdom, Aleman, Archer, Miklos, Green Nayes: Boroughs Absent: Smith Motion carried. PUBLIC HEARINGS 13 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Eleanor Sue Carroll for façade improvements to the building located at 215 West Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. Mr. Aleman left the meeting. A public hearing was held to consider a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 agreement) with Eleanor Sue Carroll for façade improvements to the building at 215 West Main Street. Beverly Abell, Downtown Development Manager, stated that in 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 stated that two facade improvement projects have been completed, two are in progress and two applications are being presented tonight. She reviewed the application process. The applicant, Eleanor Sue Carroll, is the owner of 215 West Main Street. The proposed project includes façade replacement and rehabilitation, restoration of original window and door positions, exposure of cast-iron posts, restoration of tie-rod canopy placement with lighting, stucco and paint work in the transom area, repointing of masonry, door and window replacement, and the Front Street-facing side of the property to receive new stucco, paint and doors. The transom windows will not be restored at this time but will be treated in a manner that is contextual and preserves materials for future restoration work. All of the improvements are in accordance with the Texas Main Street program architectural services and guidance. The estimated project cost was quoted at $39,763.77 with a maximum reimbursement of $19,881.89. No one appeared regarding the proposed Chapter 380 agreement. Ms. Wisdom moved to approve Resolution No. 21-2021, 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 ELEANOR SUE CARROLL FOR FAÇADE IMPROVEMENTS TO THE BUILDING LOCATED AT 215 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. Boroughs. On call for a vote on the motion, the following votes were cast: City of Mesquite, Texas Page 6 City Council Minutes - Final April 19, 2021 Ayes: Wisdom, Boroughs, Archer, Miklos, Green Nayes: None Absent: Smith Abstentions: Aleman Motion carried. (Resolution No. 21-2021 recorded in Resolution Book No. 62.) 14 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Eleanor Sue Carroll for façade improvements to the building located at 217 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 Eleanor Sue Carroll for façade improvements to the building at 217 West Main Street. Beverly Abell, Downtown Development Manager, stated that in 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, Eleanor Sue Carroll, is the owner of 217 West Main Street. The proposed project includes façade replacement and rehabilitation, restoration of original window and door positions, exposure of cast-iron posts, restoration of tie-rod canopy placement with lighting, stucco and paint work in the transom area, repointing of masonry, door and window replacement, and the Front Street-facing side of the property to receive new stucco, paint and doors. The transom windows will not be restored at this time but will be treated in a manner that is contextual and preserves materials for future restoration work. All of the improvements are in accordance with the Texas Main Street program architectural services and guidance. The estimated project cost was quoted at $39,998.06 with a maximum reimbursement of $19,999.03. No one appeared regarding the proposed Chapter 380 agreement. Ms. Wisdom moved to approve Resolution No. 22-2021, 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 ELEANOR SUE CARROLL FOR FAÇADE IMPROVEMENTS TO THE BUILDING LOCATED AT 217 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. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Wisdom, Boroughs, Archer, Miklos, Green Nayes: None Absent: Smith Abstentions: Aleman City of Mesquite, Texas Page 7 City Council Minutes - Final April 19, 2021 Motion carried. (Resolution No. 22-2021 recorded in Resolution Book No. 62.) 15 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0221-0181, submitted by Traci Jones of Little Texans for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a daycare, located at 1515 East Kearney Street, Suite 402. (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.) Mr. Aleman entered the meeting. Mr. Boroughs left the meeting. A public hearing was held for Zoning Application No. Z0221-0181. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is requesting a Conditional Use Permit (CUP) to operate a daycare facility for children ages six weeks to 12 years located at 1515 East Kearney Street, Suite 402. The proposed hours of operation are 6:00 a.m. to 6:30 p.m., Monday through Friday. The property initially opened as an education center for school-aged children. The applicant is proposing to expand and offer a preschool program for children ages six weeks to four years, which requires a CUP, and an all-day virtual learning classroom. Applicant Traci Jones stated that they are a State licensed childcare facility and have 30 children enrolled at this time. When maximum capacity is reached, they will have 12 employees. Gary Potts, 2007 Cheshire Creek Place, asked what type of security was in place at the daycare. Ms. Jones stated that they have secure doors and a keypad with codes for parents to enter the facility. Security cameras are located inside the facility to monitor the classrooms. No others appeared regarding the proposed application. Ms. Wisdom moved to approve Zoning Application No. Z0221-0181, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 4855, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM GENERAL RETAIL TO GENERAL RETAIL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 1515 EAST KEARNEY STREET, SUITE #402 TO ALLOW A DAY CARE CENTER; 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. Miklos. On call for a vote on the motion, the following votes were cast: Ayes: Wisdom, Miklos, Archer, Aleman, Green Nayes: None Absent: Smith Abstentions: Boroughs City of Mesquite, Texas Page 8 City Council Minutes - Final April 19, 2021 Motion carried. (Ordinance No. 4855 recorded in Ordinance Book No. 123.) 16 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2021-02, amending the Mesquite Zoning Ordinance, as previously amended, by making certain additions and deletions to sections contained in Parts 3 and 6 pertaining to the creation of Mobile Food Unit Parks as a regulated permitted land use in certain districts; and amending Chapter 8 of the Mesquite City Code, as previously amended, by repealing and replacing Article VIII to be titled “FOOD AND FOOD ESTABLISHMENTS,” providing for general updates and adopting the TEXAS FOOD ESTABLISHMENT RULES (“TFER”) 2015 EDITION and local amendments thereto, and providing additional updates to the operation and permitting of Mobile Food Units within the City, including Food Trucks and Food Trailers; and amending APPENDIX D - COMPREHENSIVE FEE SCHEDULE, Article XII, thereby revising health, food and food establishment fees. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) Mr. Boroughs entered the meeting. A public hearing was held for Zoning Text Amendment No. 2021-02. Cliff Keheley, City Manager, stated that staff is requesting postponement of this item to allow additional time for revisions to be made to the proposed ordinance. No one appeared regarding the proposed amendment. Mr. Aleman moved to keep the public hearing open and to postpone consideration of Zoning Text Amendment No. 2021-02 to the May 3, 2021, City Council meeting. Motion was seconded by Mr. Miklos and approved unanimously. 17 Conduct a public hearing and consider an ordinance to amend the Comprehensive Plan from Neighborhood Retail to Light Industrial and for Zoning Application No. Z0321-0182, submitted by the City of Mesquite for a change of zoning from Planned Development - Industrial No. 1848 and Industrial to Planned Development - Industrial to allow an industrial business park in addition to other uses permitted in the Industrial zoning district, located at 2600 Newsom Road, 2210 East Scyene Road, 2500 East Scyene Road, 2650 East Scyene Road, 2700 East Scyene Road, 3000 East Scyene Road, 2600 East Glen Boulevard, 2900 East Glen Boulevard, 3300 East Glen Boulevard, and 3301 East Glen Boulevard. (No responses in favor and 12 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 Zoning Application No. Z0321-0182. Jeff Armstrong, Director of Planning and Development Services, stated that the existing zoning on the property is Industrial and Planned Development - Industrial and that all proposed uses can locate on the property now without public hearings or City Council approval. The proposed new Planned City of Mesquite, Texas Page 9 City Council Minutes - Final April 19, 2021 Development, initiated by the City, would provide better public facilities and protections for nearby residential properties. Alcott Logistics Partners, LP, plans to develop approximately 78 acres of City-owned land as part of an industrial master development with common amenities, design standards and in a manner consistent with the operation of a Class A industrial business park. To ensure that consistent development standards are applied to this development and other future developments in the area, staff proposes to rezone the subject properties to a new Planned Development – Industrial (PD) zoning district. The proposed PD will establish enhanced landscape buffer standards that are more stringent than what is required under the current zoning to ensure an adequate buffer between the industrial development and the existing residential developments located to the south of Newsom Road. Mr. Armstrong stated that the following enhancements are included in the new PD: public park on site, eight-foot trail along the entire perimeter of the property, enhanced buffering along Newsom Road, 100-foot pavement setback along Newsom Road, visual buffering along other boundary streets, additional regulation of light, walls at the end of loading docks (wing walls), district identification monument signage at significant intersections, truck parking limited to vehicles associated with businesses with a Certificate of Occupancy and certain uses excluded. Mr. Armstrong reviewed the proposed PD standards. Jason Nunley, representing Urban Logistics Realty, reviewed recent projects they have completed to illustrate that they have located next to churches, schools, parks, medical office buildings, residential neighborhoods and commercial districts. The wing walls will extend beyond the wall of the building and up to the driveways. The buildings will consist of stained concrete panels created by a local concrete artist. All access to the development will be to the north on Scyene Road with no access to Newsom Road. The PD will provide common aesthetics, landscaping and setbacks. The following persons expressed support of the proposed application: (1) Robert Guilhoux, 1229 Woodthorpe Drive, (2) Debbie Anderson, 2729 Ash Creek, (3) April Brown, 502 Elderwood Loop, and (4) Bill Skaer, 3200 Newsom Road. The following persons expressed concerns regarding the proposed application: (1) Chad Caldwell, 800 Lakedale Court, (2) Terri White, 505 Riggs Circle, (3) Shawn Suppa, 3236 Newsom Road, (4) Mark Sellner, 807 Banbury Court, and (5) Cynthia Allen, 3220 Newsom Road. The concerns expressed by residents include late night noise, loss of property value, drainage issues, light and air pollution, and truck traffic on neighborhood streets. No others appeared regarding the proposed application. Mr. Aleman move to approve Zoning Application No. Z0321-0182, as recommended by the Planning and Zoning Commission, with a change to the parking requirements for data centers on Exhibit B, Paragraph 3, of the Ordinance, from 20 spaces plus one space per 5,000 square feet to one space per 15,000 square feet, and to approve Ordinance No. 4856, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A COMPREHENSIVE PLAN AMENDMENT FROM NEIGHBORHOOD RETAIL TO LIGHT INDUSTRIAL AND A CHANGE OF ZONING FROM PLANNED DEVELOPMENT – INDUSTRIAL NO. 1848 AND INDUSTRIAL TO PLANNED DEVELOPMENT – INDUSTRIAL ON PROPERTY LOCATED AT 2600 NEWSOM ROAD, City of Mesquite, Texas Page 10 City Council Minutes - Final April 19, 2021 2210 EAST SCYENE ROAD, 2500 EAST SCYENE ROAD, 2650 EAST SCYENE ROAD, 2700 EAST SCYENE ROAD, 3000 EAST SCYENE ROAD, 2600 EAST GLEN BOULEVARD, 2900 EAST GLEN BOULEVARD, 3300 EAST GLEN BOULEVARD, AND 3301 EAST GLEN BOULEVARD TO ALLOW AN INDUSTRIAL BUSINESS PARK IN ADDITION TO OTHER USES PERMITTED IN THE INDUSTRIAL ZONING DISTRICT 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. 4856 recorded in Ordinance Book No. 123.) ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Ms. Wisdom and approved unanimously. The meeting adjourned at 10:30 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Bruce Archer, Mayor City of Mesquite, Texas Page 11

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, April 19, 2021 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas 1. All persons present at the meeting location is requested to observe social distancing by remaining a minimum of six (6) feet from other meeting participants and 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 April 19, 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 April 19, 2021, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 21-5369 Receive presentation regarding Neighborhood Speed Management. (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 - 5:00 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 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Morris Jackson, Pastor, Word of Life Church, Mesquite, Texas. City of Mesquite, Texas Page 1 Monday, April 19, 2021 City Council Meeting Agenda April 19, 2021 PLEDGE OF ALLEGIANCE City of Mesquite Staff. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. The following announcement may be made: Presentation regarding renaming Municipal Center to George A. Venner, Sr., Municipal Center. PRESENTATIONS 2 21-5359 Presentation of meritorious awards to Police Department employees. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda by motion of the City Council.) 3 21-5360 Minutes of the regular City Council meeting held April 5, 2021. Attachments: 04.05.2021m 4 21-5368 An ordinance increasing the number of positions in the Mesquite Police Department in the classification of Police Officer from 200 to 205 and establishing the classifications and total number of authorized positions in each classification of the Mesquite Police Department effective as of April 19, 2021. Attachments: Ordinance City of Mesquite, Texas Page 2 Monday, April 19, 2021 City Council Meeting Agenda April 19, 2021 5 21-5334 A resolution authorizing the City Manager to execute an agreement with the State of Texas through the Texas Department of Transportation for the furnishing and installing of traffic signal equipment by a municipality at the intersection of IH-20 at FM 740 and providing for a maximum reimbursement by the State to the City in the sum of $29,770.00. Attachments: Resolution IH 20 at FM 740 Signal Location Map 6 21-5309 A resolution authorizing the Mayor to execute the Master Agreement Governing Major Capital Improvement Program (MCIP) with Dallas County for the purpose of transportation improvements on roads inside Dallas County that are in the Dallas County Mobility Plan. Attachments: Resolution 7 21-5372 A resolution consenting to the Assignment by Skyline Commerce Center Owner, LP (“Assignor”), to Skyline Owner LLC (“Assignee”), of Assignor’s Interest in that certain Economic Development Program Agreement (Chapter 380 Agreement) dated effective October 20, 2020, between the Assignor and the City of Mesquite, Texas, relating to the Development of two industrial buildings located at the southeast corner of Buckner Boulevard and Interstate Highway 30 in Mesquite; and authorizing the City Manager to execute all documents necessary in connection therewith. Attachments: Resolution 8 21-5338 Bid No. 2021-035 - Annual Facility Maintenance, Time and Material, Repair and Remodeling Contract. (Authorize the City Manager to finalize and execute contracts with Concord Commercial Services, Inc., in an amount not to exceed $115,000.00; R Staggs Contracting LLC, dba Staggs Enterprise in an amount not to exceed $10,000.00; Berger Engineering Co. in an amount not to exceed $465,000.00; Boyd Operating Company, LLC, dba Boyd Electric in an amount not to exceed $30,000.00; Artex Overhead Door Company in an amount not to exceed $35,000.00; JM Management LLC, dba JM Construction Solutions in an amount not to exceed $35,000.00; Texas Building Controls in an amount not to exceed $10,000.00; Phillips Lawn Sprinkler Co., Inc. in an amount not to exceed $10,000.00; and Precision Fencing, LLC, in an amount not to exceed $10,000.00, for a total amount not to exceed $720,000.00.) Attachments: Bid Tabulation Scoresheet City of Mesquite, Texas Page 3 Monday, April 19, 2021 City Council Meeting Agenda April 19, 2021 9 21-5351 Bid No. 2021-082 - Purchase of Monitoring Trailers. (Staff recommends award to All Traffic Solutions, Inc., through BuyBoard Contract No. 608-20, in the amount of $66,227.20.) Attachments: Quote 10 21-5363 Authorize the City Manager to finalize, execute and administer a Memorandum of Understanding between Mesquite and the City of Crandall, Texas (“Crandall”), defining the expectations and responsibilities of both Cities related to the construction and operation of a water supply line from Mesquite to Crandall. Attachments: Memorandum of Understanding APPOINTMENTS TO BOARDS AND COMMISSIONS 11 21-5358 Consider appointment of two members to the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2021, (Places 7 and 8), and one member for a term to expire December 31, 2022, (Place 9). Attachments: Personal Data Form 12 21-5366 Consider appointment of one alternate member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2021. Attachments: Personal Data Form 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.) 13 21-5353 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Eleanor Sue Carroll for façade improvements to the building located at 215 West Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution City of Mesquite, Texas Page 4 Monday, April 19, 2021 City Council Meeting Agenda April 19, 2021 14 21-5354 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Eleanor Sue Carroll for façade improvements to the building located at 217 West Main Street, Mesquite, Texas 75149, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution 15 21-5355 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0221-0181, submitted by Traci Jones of Little Texans for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a daycare, located at 1515 East Kearney Street, Suite 402. (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.) Attachments: Staff report & maps P&Z minutes Ordinance 16 21-5357 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2021-02, amending the Mesquite Zoning Ordinance, as previously amended, by making certain additions and deletions to sections contained in Parts 3 and 6 pertaining to the creation of Mobile Food Unit Parks as a regulated permitted land use in certain districts; and amending Chapter 8 of the Mesquite City Code, as previously amended, by repealing and replacing Article VIII to be titled “FOOD AND FOOD ESTABLISHMENTS,” providing for general updates and adopting the TEXAS FOOD ESTABLISHMENT RULES (“TFER”) 2015 EDITION and local amendments thereto, and providing additional updates to the operation and permitting of Mobile Food Units within the City, including Food Trucks and Food Trailers; and amending APPENDIX D - COMPREHENSIVE FEE SCHEDULE, Article XII, thereby revising health, food and food establishment fees. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) Attachments: P&Z minutes City of Mesquite, Texas Page 5 Monday, April 19, 2021 City Council Meeting Agenda April 19, 2021 17 21-5356 Conduct a public hearing and consider an ordinance to amend the Comprehensive Plan from Neighborhood Retail to Light Industrial and for Zoning Application No. Z0321-0182, submitted by the City of Mesquite for a change of zoning from Planned Development - Industrial No. 1848 and Industrial to Planned Development - Industrial to allow an industrial business park in addition to other uses permitted in the Industrial zoning district, located at 2600 Newsom Road, 2210 East Scyene Road, 2500 East Scyene Road, 2650 East Scyene Road, 2700 East Scyene Road, 3000 East Scyene Road, 2600 East Glen Boulevard, 2900 East Glen Boulevard, 3300 East Glen Boulevard, and 3301 East Glen Boulevard. (No responses in favor and 12 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 ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Monday, April 19, 2021 City Council Meeting Agenda April 19, 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. City of Mesquite v. Branden Sanders and 2412 Baretta Dr., Mesquite, Texas 75181, in rem, Cause No. DC-20-18343 – Filed 12-14-20 12. 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 13. Delance Holt v. Troy Burke and Olivia Elliott, Civil Action No. 3:21-cv-164 – Filed 1-25-21 14. Texas Hemp Federation and Create a Cig Mesquite LLC dba CAC Mesquite v. City of Mesquite and Cliff Keheley in his official capacity as City Manager, Cause No. DC-21-02420 – Filed 2-25-21 15. Kasia Varsak v. Jeremy Thomas Meeks and the City of Mesquite, Texas, Cause No. CC-21-00813-B – Filed 3-4-21 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. City of Mesquite, Texas Page 7 Monday, April 19, 2021 City Council Meeting Agenda April 19, 2021 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, April 19, 2021

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