City Council
Regular MeetingMesquite, TX · July 19, 2021
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, July 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 and B. W. Smith, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmember Sherry Wisdom.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive departmental strategy and budget presentations, as determined by city
management, related to City Council strategic goals and objectives, and
deliberations regarding Fiscal Year 2021-22 Budget and tax rate.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Ken Griffis, Senior Pastor, Keystone Church of Mesquite.
PLEDGE OF ALLEGIANCE
Department of Neighborhood Services Staff.
SPECIAL ANNOUNCEMENTS
1. Mr. Aleman thanked Public Works Director Curt Cassidy and his staff for their generous donation of
peanut butter and jelly to Sharing Life Community Outreach. The City ’s “Spread the Love” campaign
helps feed children who live in food insecure environments. During the summer months, citizens can
donate to the “Spread the Love” campaign by dropping off a jar of peanut butter or jelly at any City
facility or by making a financial contribution.
2. Mr. Smith stated that the Mesquite Independent School District (MISD) is conducting special
summer school sessions as part of the COVID-19 catch up. School zone flashers will be operational
through July 29, 2021, from 8:30 a.m. until 11:30 a.m., Monday through Friday. He reminded citizens to
slow down when operating vehicles in neighborhoods and Drive Like Your Family Lives Here.
3. Mr. Boroughs invited residents to attend a District 4 Neighborhood Meeting on Thursday, July 22,
2021, from 7:00 p.m. to 8:30 p.m., at Lakeside Activity Center, 101 Holley Park Drive.
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City Council Minutes - Final July 19, 2021
4. Mr. Boroughs congratulated Parks and Recreation Department employee Crystal Cooksey for
making Texas high school football history, once again. This past weekend, Crystal led the first
all-female officials crew at the Texas Six-Man Coach’s Association All-Star Game. Earlier this year,
she became the first female in Texas to officiate a Texas High School State Championship football
game when she officiated the 1A-Division II State Championship game.
5. Mr. Miklos encouraged citizens and businesses to volunteer for the Annual Addressing Mesquite
Day event on Saturday, October 2, 2021. Volunteers will assist with exterior home repairs and yard
projects. For more information, contact the Office of Neighborhood Vitality at 972-216-6473.
6. Mr. Green stated that the City is seeking public input on a new Parks, Recreation and Open Space
Master Plan. Citizens are encouraged to complete the survey, located on the City ’s website, through
August 15, 2021.
7. Mayor Archer stated that the Downtown Mesquite Farmers Market at Front Street Station is held
every Saturday, from 9:00 a.m. to 2:00 p.m., through the end of November. He encouraged citizens to
enjoy live music while visiting the local farmers, vendors and food trucks at the market.
CITIZENS FORUM
David Burris, 4229 Coryell Way, expressed concerns regarding the safety of the Gus Thomasson
Road, Galloway Avenue and Northwest Drive exit from Eastbound IH-30.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Green moved to approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Aleman and approved unanimously.
2 Minutes of the regular City Council meeting held July 6, 2021.
Approved on the Consent Agenda.
3 An ordinance amending Appendix D “Comprehensive Fee Schedule” by making
certain deletions and additions in Article XII, Section 12-100 “Building Permits,”
by updating the fees for “Single-family residential (SFR), duplexes, townhouses
and condominiums per unit” and establishing new fees for “Emergency
Notification Fee,” “Emergency Services Fee” and “Technology Fee.”
Approved on the Consent Agenda.
Ordinance No. 4878, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING APPENDIX D OF THE MESQUITE CITY CODE, COMPREHENSIVE FEE
SCHEDULE, AS AMENDED, BY MAKING CERTAIN DELETIONS AND ADDITIONS IN
ARTICLE XII, SECTION 12-100 - “BUILDING PERMITS,” BY UPDATING THE FEES
FOR “SINGLE-FAMILY RESIDENTIAL (“SFR”), DUPLEXES, TOWNHOUSES, AND
CONDOMINIUMS PER UNIT” AND ESTABLISHING NEW FEES FOR “EMERGENCY
NOTIFICATION FEE,” “EMERGENCY SERVICES FEE,” AND “TECHNOLOGY FEE”;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND
DECLARING AN EFFECTIVE DATE. (Ordinance No. 4878 recorded in Ordinance
Book No. 124.)
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City Council Minutes - Final July 19, 2021
4 An emergency measure ordinance of the City of Mesquite, Texas, authorized
pursuant to Mesquite City Charter; 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 prior ordinances;
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 it an
offense to fail to comply with 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. 4879, 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 ORDINANCES, ORDINANCE NO. 4836, NO. 4844, AND NO. 4858; 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. 4879
recorded in Ordinance Book No. 124.)
5 Bid No. 2020-003 - Annual Avaya Telephone System Maintenance.
(Staff recommends ratification of the first of two contract renewal options with
Lantana Communications Corporation, through the Texas Department of
Information Resources Contract No. DIR-TSO-3991, in the amount of
$73,226.28 and authorizing the City Manager to exercise the remaining one -year
renewal option, subject to annual appropriation of sufficient funds.)
Approved on the Consent Agenda.
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6 Bid No. 2021-067 - Annual Contract for Utility Concrete Repairs (Area 2).
(Authorize the City Manager to finalize and execute a contract with low bidder
Donny P. Brown, Inc., dba B&B Concrete Sawing, in the amount of
$372,200.00. The term of this contract is for a one-year period, with two
additional one-year renewal options. The City Manager is authorized to exercise
the renewal option, subject to annual appropriation of sufficient funds.)
Approved on the Consent Agenda.
7 Bid No. 2021-068 - Annual Contract for Sidewalk, Pedestrian Ramps, Drive
Approaches and Curb & Gutter Replacement.
(Authorize the City Manager to finalize and execute a contract with low bidder
DBi Services, LLC, in the amount of $297,450.00. The term of the contract is for
a one-year period, with two additional one-year options. The City Manager is
authorized to exercise the renewal option, subject to annual appropriation of
funds.)
Approved on the Consent Agenda.
8 Bid No. 2021-094 - Griffin Lane Overlay.
(Authorize the City Manager to finalize and execute a contract with low bidder
Reliable Paving, Inc., in the amount of $284,575.50.)
Approved on the Consent Agenda.
9 Bid No. 2021-106 - Annual Supply of Auto and Truck Parts and Accessories.
(Staff recommends award to Genuine Parts Company with Sourcewell Contract
No. 032521-GPC in the amount of $85,000.00. The term of the contract is for
one year, with three additional one-year renewal options. The City Manager is
authorized to exercise the renewal options, subject to annual appropriation of
sufficient funds.)
Approved on the Consent Agenda.
10 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid
No. 2019-112, Annual Grinding of Brush, with GWG Wood Group, Inc., for an
increase in the contract amount of $30,973.32
Approved on the Consent Agenda.
11 Call a public hearing for August 2, 2021, 7:00 p.m., at City Hall, Council
Chamber, 757 North Galloway Avenue, Mesquite, Texas 75149, and order the
required public notice for the public hearing be given of the date, time and
location of the hearing for the proposed 2021-22 budget.
Approved on the Consent Agenda.
END OF CONSENT AGENDA
RECEIPT OF RESIGNATION
12 Receive resignation from Debra Morgan as a member of the Municipal Library
Advisory Board.
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Mr. Green moved to accept the resignation of Debra Morgan as a member of the
Municipal Library Advisory Board. Motion was seconded by Mr. Boroughs and
approved unanimously.
13 Receive resignation from Debbie Anderson as a member of the Planning and
Zoning Commission and Capital Improvements Advisory Committee.
Mr. Aleman moved to accept the resignation of Debbie Anderson as a member of
the Planning and Zoning Commission and Capital Improvements Advisory
Committee. Motion was seconded by Mr. Boroughs and approved unanimously.
14 Receive resignation from Bryan Odom as a member of the Board of
Adjustment.
Mr. Miklos moved to accept the resignation of Bryan Odom as a member of the
Board of Adjustment. Motion was seconded by Mr. Green and approved
unanimously.
PUBLIC HEARINGS
15 Conduct a public hearing to receive citizen input on the proposed Fiscal Year
2021-22 budget.
A public hearing was held regarding the Fiscal Year 2021-2022 budget.
Myra Rogers, Manager of Budget and Treasury, stated this is the second of three
public hearings regarding the Fiscal Year 2021-22 Budget. The State of Texas
requires one public hearing. However, the City of Mesquite has typically offered
multiple public hearings to receive citizen input. A budget educational video,
along with the results of the citizen survey, is available on the City’s website.
The survey was completed by 320 citizens between June 23, 2021, and July 7,
2021. Results of the survey was reviewed and provided to the City Council for
consideration. The survey was presented at the July 13, 2021, Town Hall Meeting
and a recording of this meeting is available on the City’s website. Ms. Rogers
reminded residents that a Government Transparency button can be found on the
main landing page of the City’s website which offers access to most City financial
information. Detailed schedules for the proposed budget are now available on
the City’s website. The final public hearing on the Fiscal Year 2021-22 budget is
scheduled for the August 2, 2021, City Council meeting.
No one appeared regarding the proposed Fiscal Year 2021-22 budget.
16 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z0320-0133, submitted by Masterplan, on behalf of Don Valk of Platinum
Storage, for a change of zoning from General Retail and Commercial to
Planned Development - Commercial and Planned Development - General Retail
to allow miniwarehouses, storage of vehicles, rental of passenger vehicles and
trucks, trade and building contractors and other uses permitted in the
Commercial and General Retail zoning districts, located on Towne Centre Drive
and Gus Thomasson Road.
(No responses in favor or in opposition to the application have been received
from property owners within the statutory notification area. The Planning and
Zoning Commission recommends approval with certain stipulations.)
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A public hearing was held regarding Zoning Application No. Z0320-0133.
Jeff Armstrong, Director of Planning and Community Development, stated that
the applicant proposes development of six acres of undeveloped land, located
on the east side of Gus Thomasson Road just north of the intersection of Gus
Thomasson Road and Towne Centre Drive, divided into three subareas. Subarea
1 (0.70 acres) will be developed with a one story, 5,000-square-foot retail
building. Uses allowed within Subarea 1 will include uses permitted within the
“GR” zoning district. Subarea 2 (3.49 acres) will be developed with a maximum
3 story, 110,000-square-foot self storage facility and will include an office with the
possibility of a manager’s apartment, and partially enclosed structures for
storage of automobiles, recreational vehicles and boats. Subarea 3 (1.816 acres)
will be developed with two one-story office/warehouse type buildings totaling
21,315 square feet. A minimum 6 foot-tall masonry wall is required between
Buildings C and D to screen from Towne Centre Drive.
Applicant Maxwell Fisher, representing Masterplan on behalf of Don Valk of
Platinum Storage, presented photographs and renderings of the proposed
development which will be owned and operated by Storage 365.
No one appeared regarding the proposed application.
Mr. Miklos moved to approve Zoning Application No. Z0320-0133, as approved by
the Planning and Zoning Commission, with the following stipulations:
1. Parking of vehicles for lease/rental must be in addition to required parking
spaces and shall not utilize required parking spaces.
2. Parking of heavy load vehicles shall not include tractor-trailers or
semi-trailers.
And to approve Ordinance No. 4880, as presented to the City Council at tonight's
meeting, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY
APPROVING A CHANGE OF ZONING FROM GENERAL RETAIL AND COMMERCIAL
TO PLANNED DEVELOPMENT – COMMERCIAL AND PLANNED DEVELOPMENT –
GENERAL RETAIL TO ALLOW MINIWAREHOUSES, STORAGE OF VEHICLES,
RENTAL OF PASSENGER VEHICLES AND TRUCKS, TRADE AND BUILDING
CONTRACTORS, AND OTHER USES PERMITTED IN THE COMMERCIAL AND
GENERAL RETAIL ZONING DISTRICTS ON PROPERTY LOCATED ON TOWNE
CENTRE DRIVE AND GUS THOMASSON ROAD 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. 4880 recorded in Ordinance Book No. 124.)
17 Conduct a public hearing for Zoning Application No. Z0321-0187, submitted by
Tuong Nguyen, for a change of zoning from General Retail to General Retail
with a Conditional Use Permit to allow a coin-operated amusement gameroom
with modifications to allow a coin-operated amusement gameroom within 300
feet of a church and to have one customer restroom instead of the required one
customer restroom each for male and female, located at 704 Gross Road.
(One response in favor and none in opposition to the application have been
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City Council Minutes - Final July 19, 2021
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends denial.)
A public hearing was held regarding Zoning Application No. Z0321-0187.
Jeff Armstrong, Director of Planning and Community Development, stated that
the applicant is requesting a change of zoning with a Conditional Use Permit to
allow a gameroom with four coin-operated amusement machines at the same
location as the existing Expressway Food Store, a convenience store located at
704 Gross Road. The business also includes limited fuel sales. The Zoning
Ordinance requires gamerooms to be a minimum of 300 feet from any school,
church or hospital. The applicant is requesting a modification that would allow a
gameroom to be approximately 200 feet from a church property rather than the
required 300 feet and a modification to have only one restroom.
Mr. Armstrong stated that on June 28, 2021, the Planning and Zoning Commission
voted to deny the application. The applicant has submitted a timely appeal of
the Planning and Zoning Commission’s denial and has revised their request for
only two game machines rather than the four originally requested.
Cindy Le, niece of applicant Tuong Nguyen, stated that they have owned the
property for 27 years and for 15 of those years, have had four game games in the
store. However, they did remove the game machines when the ordinance was
amended. Ms. Le stated that they have seen a 5-10 percent loss of income since
the game machines have been removed.
No one appeared regarding the proposed application.
Mr. Boroughs moved to deny Zoning Application No. Z0321-0187. Motion was
seconded by Mr. Smith and approved unanimously.
18 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z0421-0193, submitted by Tuong Nguyen, for a change of zoning from General
Retail to General Retail with a Conditional Use Permit to allow a coin-operated
amusement gameroom, limited to two coin-operated amusement devices, with
a modification within 300 feet of a church, conditioned on providing one
customer restroom each for male and female, located at 710 Gross Road.
(One response in favor and none 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 regarding Zoning Application No. Z0421-0193.
Jeff Armstrong, Director of Planning and Development Services, stated the
applicant is requesting a change of zoning with a Conditional Use Permit to
allow a coin-operated amusement gameroom at the same location as the
existing Superwash Dry laundromat. The Zoning Ordinance requires businesses
with game machines to be a minimum of 300 feet from any school, church or
hospital. The applicant is requesting a modification that would allow the
gameroom to be approximately 215 feet from a church property rather than the
required 300 feet. Mr. Armstrong stated that if the laundromat was more than 300
feet from the Family Cathedral of Praise property line, the business could have
two game machines by right as an accessory use. Although less than 300 feet
from the property line, the laundromat is located more than 900 feet from the
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City Council Minutes - Final July 19, 2021
church building.
He stated that the Planning and Zoning Commission unanimously recommended
approval of the Conditional Use Permit to allow a coin-operated amusement
gameroom, limited to two coin-operated amusement devices, with certain
stipulations, and denial of the modification for one restroom.
Cindy Le, niece of applicant Tuong Nguyen, stated that they have seen a 25-30
percent loss of income since the game machines were removed from the
property. She stated that they are willing to convert the storage room to another
restroom.
No one appeared regarding the proposed application.
Mr. Boroughs moved to approve Zoning Application No. Z0421-0193, as
recommended by the Planning and Zoning Commission, with the following
stipulations:
1. To allow a coin-operated gameroom, limited to two coin-operated
amusement devices, in the existing laundromat with modification to the 300-foot
separation requirement from a church and conditioned on the laundromat
providing one customer restroom each for male and female.
And to approve Ordinance No. 4881, AN ORDINANCE AMENDING THE MESQUITE
ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM GENERAL
RETAIL TO GENERAL RETAIL WITH A CONDITIONAL USE PERMIT TO ALLOW A
COIN OPERATED AMUSEMENT GAMEROOM, LIMITED TO TWO COIN OPERATED
AMUSEMENT DEVICES, WITH A MODIFICATION WITHIN 300 FEET OF A CHURCH,
CONDITIONED ON PROVIDING ONE CUSTOMER RESTROOM EACH FOR MALE AND
FEMALE, ON PROPERTY LOCATED AT 710 GROSS ROAD; 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 and approve unanimously. (Ordinance No. 4881 recorded in Ordinance
Book No. 124.)
19 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z0521-0201, submitted by Roger Albright of Sheils Winnubst PC, for a change
of zoning to amend Planned Development - General Retail Ordinance Nos .
3517 and 3581 to modify development standards for an existing self-storage
facility, located at 4809 Belt Line Road.
(No responses in favor and two in opposition to the application have been
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval.)
A public hearing was held regarding Zoning Application No. Z0521-0201.
Jeff Armstrong, Director of Planning and Development Services, stated the
existing self-storage business was constructed in 2005. All plans were approved
by the City and permits were issued, even though, the plans did not conform to
the Planned Development ordinances and other zoning requirements in place at
that time. Earlier this year, a zoning verification letter was requested, and the
owners learned that some aspects of their development do not meet the City’s
requirements. This application is intended to bring the property into
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conformance. There are no proposed changes to the existing development.
Mr. Armstrong stated that one of the discrepancies is that that the ordinance
requires a 20-foot separation between structures. In this case, some of the
buildings are three feet apart. The Fire Marshall has reviewed the application
and has given his approval, largely due to the fact that all of the buildings are
fire sprinkled. He stated that the Planning and Zoning recommends approval.
Applicant Roger Albright, representing Sheils Winnubst PC, stated that no
changes will be made to the existing development and the application is
intended to bring the property into conformance.
No one appeared regarding the proposed application.
Mr. Miklos moved to approve Zoning Application No. Z0521-0201, as approved by
the Planning and Zoning Commission, and to approve Ordinance No. 4882, AN
ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A
CHANGE OF ZONING TO AMEND PLANNED DEVELOPMENT – GENERAL RETAIL,
ORDINANCE NOS. 3517 AND 3581, TO MODIFY DEVELOPMENT STANDARDS FOR
AN EXISTING SELF STORAGE FACILITY LOCATED AT 4809 NORTH BELT LINE
ROAD; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF
THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED $2,000.00 FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE. Motion was seconded by Mr. Green and approved unanimously.
(Ordinance No. 4882 recorded in Ordinance Book No. 124.)
20 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z0521-0202, submitted by Graham Baumann, WRA Architects on behalf of the
Mesquite Independent School District, for a change of zoning from Planned
Development - Single-Family Ordinance No. 3783 to Planned Development -
Single-Family Ordinance No. 3783 with a Conditional Use Permit to allow a new
elementary school with a modification to the Special Conditions to allow queuing
of vehicles within the public right-of-way, located at 6550 Shannon Road (future
address is 6425 Park Vista Drive).
(No responses in favor or in opposition to the application have been received
from property owners within the statutory notification area. The Planning and
Zoning Commission recommends approval.)
A public hearing was held regarding Zoning Application No. Z0521-0202.
Jeff Armstrong, Director of Planning and Development Services, stated that the
Mesquite Independent School District (MISD) proposes construction of the
District’s 34th elementary school on property located in the Hagan Hill
subdivision. In addition to a Conditional Use Permit, the applicant is requesting
a modification that would allow the queuing of vehicles to extend onto Chantilly
Road. The street is 37 feet in width, which is wider than most neighborhood
streets. He stated that the Planning and Zoning Commission recommends
approval.
Applicant Graham Baumann, representing WRA Architects presented a rendering
of the proposed layout of the development. Half of the site will include an
elementary school with 1,000 student capacity and a storm shelter as required by
2018 International Building Code. The other half of the site will include a park
with play fields, lighted basketball courts, playground and concrete walking trail.
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City Council Minutes - Final July 19, 2021
No one appeared regarding the proposed application.
Mr. Aleman moved to approve Zoning Application No. Z0521-0202, as approved by
the Planning and Zoning Commission, and to approve Ordinance No. 4883, AN
ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A
CHANGE OF ZONING FROM PLANNED DEVELOPMENT – SINGLE FAMILY
ORDINANCE NO. 3783 TO PLANNED DEVELOPMENT – SINGLE FAMILY
ORDINANCE WITH A CONDITIONAL USE PERMIT TO ALLOW A NEW ELEMENTARY
SCHOOL WITH A MODIFICATION TO THE SPECIAL CONDITIONS TO ALLOW
QUEUING OF VEHICLES WITHIN THE PUBLIC RIGHT OF WAY ON PROPERTY
LOCATED AT 6550 SHANNON ROAD (FUTURE ADDRESS IS 6425 PARK VISTA
DRIVE); 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. 4883
recorded in Ordinance Book No. 124.)
ADJOURNMENT
Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Aleman
and approved unanimously. The meeting adjourned at 8:24 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, July 19, 2021 5:00 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
1. Members of the public desiring to comment during Citizens Forum may pre-register as
follows:
a. Send an email to the City Secretary on or before 3:00 p.m., on July 19, 2021, to
sland@cityofmesquite.com or call 972-216-6244.
b. Provide the City Secretary with your name and address.
2. Comments on agenda items may be made during the City Council meeting or by
submission on or before 3:00 p.m., on July 19, 2021, to sland@cityofmesquite.com.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 21-5508 Receive departmental strategy and budget presentations, as determined
by city management, related to City Council strategic goals and objectives,
and deliberations regarding Fiscal Year 2021-22 Budget and tax rate.
(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
Ken Griffis, Senior Pastor, Keystone Church of Mesquite.
PLEDGE OF ALLEGIANCE
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City Council Meeting Agenda July 19, 2021
Department of Neighborhood Services 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.)
2 21-5405 Minutes of the regular City Council meeting held July 6, 2021.
Attachments: July 6, 2021, minutes
3 21-5512 An ordinance amending Appendix D “Comprehensive Fee Schedule” by
making certain deletions and additions in Article XII, Section 12-100
“Building Permits,” by updating the fees for “Single-family residential
(SFR), duplexes, townhouses and condominiums per unit” and
establishing new fees for “Emergency Notification Fee,” “Emergency
Services Fee” and “Technology Fee.”
Attachments: Ordinance
4 21-5514 An emergency measure ordinance of the City of Mesquite, Texas,
authorized pursuant to Mesquite City Charter; 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 prior ordinances; 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
City of Mesquite, Texas Page 2 Monday, July 19, 2021
City Council Meeting Agenda July 19, 2021
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 it
an offense to fail to comply with 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
5 21-5498 Bid No. 2020-003 - Annual Avaya Telephone System Maintenance.
(Staff recommends ratification of the first of two contract renewal options
with Lantana Communications Corporation, through the Texas
Department of Information Resources Contract No. DIR-TSO-3991, in the
amount of $73,226.28 and authorizing the City Manager to exercise the
remaining one-year renewal option, subject to annual appropriation of
sufficient funds.)
Attachments: Lantana quote
6 21-5490 Bid No. 2021-067 - Annual Contract for Utility Concrete Repairs (Area 2).
(Authorize the City Manager to finalize and execute a contract with low
bidder Donny P. Brown, Inc., dba B&B Concrete Sawing, in the amount of
$372,200.00. The term of this contract is for a one-year period, with two
additional one-year renewal options. The City Manager is authorized to
exercise the renewal option, subject to annual appropriation of sufficient
funds.)
Attachments: Recommendation Letter
Bid Tabulation
7 21-5501 Bid No. 2021-068 - Annual Contract for Sidewalk, Pedestrian Ramps, Drive
Approaches and Curb & Gutter Replacement.
(Authorize the City Manager to finalize and execute a contract with low
bidder DBi Services, LLC, in the amount of $297,450.00. The term of the
contract is for a one-year period, with two additional one-year options.
The City Manager is authorized to exercise the renewal option, subject to
annual appropriation of funds.)
Attachments: Recommendation Letter
Bid Tabulation
8 21-5482 Bid No. 2021-094 - Griffin Lane Overlay.
(Authorize the City Manager to finalize and execute a contract with low
bidder Reliable Paving, Inc., in the amount of $284,575.50.)
Attachments: Location Map
Bid Tabulation
Recommendation Letter
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City Council Meeting Agenda July 19, 2021
9 21-5495 Bid No. 2021-106 - Annual Supply of Auto and Truck Parts and
Accessories.
(Staff recommends award to Genuine Parts Company with Sourcewell
Contract No. 032521-GPC in the amount of $85,000.00. The term of the
contract is for one year, with three additional one-year renewal options.
The City Manager is authorized to exercise the renewal options, subject to
annual appropriation of sufficient funds.)
Attachments: Sample Discount List
10 21-5491 Authorize the City Manager to finalize and execute Change Order No. 2 to
Bid No. 2019-112, Annual Grinding of Brush, with GWG Wood Group, Inc.,
for an increase in the contract amount of $30,973.32
11 21-5509 Call a public hearing for August 2, 2021, 7:00 p.m., at City Hall, Council
Chamber, 757 North Galloway Avenue, Mesquite, Texas 75149, and order
the required public notice for the public hearing be given of the date, time
and location of the hearing for the proposed 2021-22 budget.
RECEIPT OF RESIGNATION
12 21-5499 Receive resignation from Debra Morgan as a member of the Municipal
Library Advisory Board.
Attachments: Resignation Email
13 21-5515 Receive resignation from Debbie Anderson as a member of the Planning
and Zoning Commission and Capital Improvements Advisory Committee.
Attachments: Resignation Letter
14 21-5516 Receive resignation from Bryan Odom as a member of the Board of
Adjustment.
Attachments: Resignation Letter
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.)
15 21-5511 Conduct a public hearing to receive citizen input on the proposed Fiscal
Year 2021-22 budget.
16 21-5510 Conduct a public hearing and consider an ordinance for Zoning
Application No. Z0320-0133, submitted by Masterplan, on behalf of Don
Valk of Platinum Storage, for a change of zoning from General Retail and
Commercial to Planned Development - Commercial and Planned
Development - General Retail to allow miniwarehouses, storage of
vehicles, rental of passenger vehicles and trucks, trade and building
City of Mesquite, Texas Page 4 Monday, July 19, 2021
City Council Meeting Agenda July 19, 2021
contractors and other uses permitted in the Commercial and General
Retail zoning districts, located on Towne Centre Drive and Gus Thomasson
Road.
(No responses in favor or in opposition to the application have been
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval with certain
stipulations.)
Attachments: Staff report & maps
P&Z minutes
Ordinance
17 21-5504 Conduct a public hearing for Zoning Application No. Z0321-0187,
submitted by Tuong Nguyen, for a change of zoning from General Retail to
General Retail with a Conditional Use Permit to allow a coin-operated
amusement gameroom with modifications to allow a coin-operated
amusement gameroom within 300 feet of a church and to have one
customer restroom instead of the required one customer restroom each
for male and female, located at 704 Gross Road.
(One response in favor and none in opposition to the application have
been received from property owners within the statutory notification
area. The Planning and Zoning Commission recommends denial.)
Attachments: Staff reports & maps
P&Z minutes
18 21-5505 Conduct a public hearing and consider an ordinance for Zoning
Application No. Z0421-0193, submitted by Tuong Nguyen, for a change of
zoning from General Retail to General Retail with a Conditional Use Permit
to allow a coin-operated amusement gameroom, limited to two
coin-operated amusement devices, with a modification within 300 feet of a
church, conditioned on providing one customer restroom each for male
and female, located at 710 Gross Road.
(One response in favor and none 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
19 21-5507 Conduct a public hearing and consider an ordinance for Zoning
Application No. Z0521-0201, submitted by Roger Albright of Sheils
Winnubst PC, for a change of zoning to amend Planned Development -
General Retail Ordinance Nos. 3517 and 3581 to modify development
standards for an existing self-storage facility, located at 4809 Belt Line
Road.
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City Council Meeting Agenda July 19, 2021
(No responses in favor and two 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
20 21-5506 Conduct a public hearing and consider an ordinance for Zoning
Application No. Z0521-0202, submitted by Graham Baumann, WRA
Architects on behalf of the Mesquite Independent School District, for a
change of zoning from Planned Development - Single-Family Ordinance
No. 3783 to Planned Development - Single-Family Ordinance No. 3783
with a Conditional Use Permit to allow a new elementary school with a
modification to the Special Conditions to allow queuing of vehicles within
the public right-of-way, located at 6550 Shannon Road (future address is
6425 Park Vista Drive).
(No responses in favor or in opposition to the application have been
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval.)
Attachments: Staff report & maps
P&Z minutes
Ordinance
ADJOURNMENT
City of Mesquite, Texas Page 6 Monday, July 19, 2021
City Council Meeting Agenda July 19, 2021
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
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 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
3. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No.
DC-18-16933 – Filed 11-8-18
4. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19
5. 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
6. 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
7. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed 5-22-20
8. 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
9. 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
10. 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
11. Delance Holt v. Troy Burke and Olivia Elliott, Civil Action No. 3:21-cv-164 – Filed 1-25-21
12. 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
13. Kasia Varsak v. Jeremy Thomas Meeks and the City of Mesquite, Texas, Cause No. CC-21-00813-B – Filed
3-4-21
14. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21
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.
The City Council reserves the right to adjourn into executive session at any time during the course of this
meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by
Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding
Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters),
551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic
Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code
Section 418.183(f) (Emergency Management).
City of Mesquite, Texas Page 7 Monday, July 19, 2021
City Council Meeting Agenda July 19, 2021
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, July 19, 2021
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