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City Council

Regular Meeting

Mesquite, TX · July 19, 2021

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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. City of Mesquite, Texas Page 1 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.) City of Mesquite, Texas Page 2 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. City of Mesquite, Texas Page 3 City Council Minutes - Final July 19, 2021 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. City of Mesquite, Texas Page 4 City Council Minutes - Final July 19, 2021 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.) City of Mesquite, Texas Page 5 City Council Minutes - Final July 19, 2021 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 City of Mesquite, Texas Page 6 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 City of Mesquite, Texas Page 7 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 City of Mesquite, Texas Page 8 City Council Minutes - Final July 19, 2021 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. City of Mesquite, Texas Page 9 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 City of Mesquite, Texas Page 1 Monday, July 19, 2021 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 City of Mesquite, Texas Page 3 Monday, July 19, 2021 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. City of Mesquite, Texas Page 5 Monday, July 19, 2021 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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