City Council

City of Mesquite, Texas Minutes - Final City Council Monday, December 19, 2022 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Tandy Boroughs, B. W. Smith, Kenny Green, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the Southeast Alliance CARE Team. EXECUTIVE SESSION - TRAINING ROOMS A & B - 6:07 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Item No. 17 – Discuss economic development incentives for a company considering the relocation and expansion of production operations at a facility near Town East Boulevard and Skyline Drive); whereupon, the City Council proceeded to meet in Training Rooms A & B. After the closed meeting ended at 6:22 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 Receive Economic Development Department Council Update. Jessica McClellan, Convention and Visitors Bureau Manager, reviewed building permits and certificates of occupancy issued. Economic development highlights include the opening of Black Bear Diner, Rosa's Cafe, Alejandro's at Front Street Station and Espadas Brazilian Catering and the relocation of Mesquite Print House and Texas Advancement Center. Downtown Mesquite has received statewide recognition for Front Street Station as Best Economic Game Changer and Mesquite BBQ scored in the top three for Best Downtown Business. The Mesquite Convention and Visitors Bureau, Mesquite Chamber of Commerce and the Downtown Mesquite Office has moved to the newly renovated Heritage Plaza building in Downtown Mesquite. Ms. McClellan reviewed the various marketing platforms used to encourage the public to visit Mesquite. A brief video was shown featuring Chet Garner, of The Daytripper television show, when he recently visited Mesquite. City of Mesquite, Texas Page 1 City Council Minutes - Final December 19, 2022 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M. INVOCATION Greg Wren, Pastor, Saints Chapel, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL RECOGNITION 3 Recognize new K-9 Officer Ferris. Police Chief David Gill introduced new K-9 Officer Ferris. Chief Gill stated that Officer Ferris is very different than the other three K-9 Officers. He is trained to detect firearms and explosives and is part of the department's commitment to ensure school safety. K-9 Officer Ferris will be deployed with his partner, School Resource Officer (SRO) Officer Brian Hill, at Horn High School, but will also be randomly deployed at other Mesquite Independent School District (MISD) schools and athletic events. K-9 Officer Ferris is socialized to be non-aggressive and safe around the public. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that the City of Mesquite has launched Mesquite Pay, a more secure, convenient and user-friendly online payment system for customers. The new features include fast bill pay and an improved user experience. To register or learn more, visit www.cityofmesquite.com/MesquitePay. 2. Mr. Green stated that a program, Weather Activated Relief for Mesquite (WARM), sponsored by Sharing Life Community Outreach, the Mesquite Ministerial Alliance and the City of Mesquite provides temporary shelter for individuals who are unsheltered during extreme weather conditions. To volunteer or donate, please visit sharing.life/WARM. 3. Ms. Vidler stated that the City of Mesquite has launched the annual Shop Mesquite campaign . Residents are asked to shop and dine in Mesquite to help support the local economy and businesses . The City provides alternate driving directions to shoppers for key destinations in Mesquite, such as Town East Mall, at www.cityofmesquite.com/ShoppingRoutes. Learn more about Shop Mesquite at www.ShopMesquiteTX.com. 4. Ms. Vidler congratulated Manager of Facilities Maintenance Larry Ewing on his upcoming retirement after 18 years with the City of Mesquite. 5. Mr. Boroughs stated that the City of Mesquite now offers emergency, general information and weather alters through Mesquite Alerts, powered by CodeRED, which is a high -speed emergency mass alert service. Residents can opt in to receive real time notifications which are sent via telephone calls, text messages and emails to keep residents and businesses safe and can target certain areas with custom messages to alert smaller groups. Public safety officials across the United States have credited similar notifications systems for successfully locating missing children, apprehending wanted criminals and issuing timely evacuations. For more information, sign up at www.cityofmesquite.com/MesquiteAlerts. City of Mesquite, Texas Page 2 City Council Minutes - Final December 19, 2022 6. Mr. Smith stated that the holidays are a time of joy but it is also a time to be aware so that you are not the victim of a crime. The Mesquite Police Department is reminding citizens how they can be safe this holiday season. Please visit the City’s YouTube channel at YouTube.com/CityofMesquiteTexas to learn more about protecting yourself and your holiday packages this season. 7. Ms. Anderson stated that the Texas Department of Transportation (TxDOT) and the City of Mesquite have begun safety improvements along Lawson Road between Milam Road and Cartwright Road . Motorists will soon notice the addition of shoulders to the roadway along with new guardrails throughout the area. Construction began in December and is expected to be completed by the end of February 2023. For information about the project, please contact the TxDOT Project Manager at 214-320-6240. 8. Ms. Anderson expressed appreciation to the Mesquite Police Department and many volunteers for their help last weekend with the annual Santa Cop toy distribution, which provided Christmas gifts to nearly 1,300 children. 9. Ms. Anderson stated that the Mesquite Citizens Police Academy Alumni Association (MCPAAA) recently held an awards banquet. The Officer of the Year Award was named after Officer Richard Houston. The Richard Houston Officer of the Year Award was presented to K-9 Officer Jessica Donalson. The Volunteer of the Year Award was named after Barbara Dunn who has donated over 16,000 volunteer hours to the MCPAAA. The Barbara Dunn Volunteer of the Year Award was presented to Rebecca Miller. 10. Mayor Alemán reminded citizens that City offices and facilities will be closed for the Christmas Eve and Christmas Day holidays on Friday, December 23, 2022, and Monday, December 26, 2022. However, the Mesquite Metro Airport and recreation centers will remain open. Trash will be collected on Friday, December 23, 2022, but recycling will not be collected. Trash and recycling will not be collected on Monday, December 26, 2022. Collection will resume on resident’s next scheduled collection day. View a complete list of closures at www.cityofmesquite.com/Holidays. He wished everyone a wonderful holiday season with your family and friends. 11. Mayor Alemán encouraged citizens to visit Downtown Mesquite and enjoy the Christmas tree and lights during this holiday season. He stated that the Mesquite Convention and Visitors’ Bureau and Mesquite Chamber of Commerce have moved to the Heritage Plaza building in Downtown Mesquite. CITIZENS FORUM The following persons expressed support for diversity in the City of Mesquite: ( 1) Terry Turner, 1325 Rivercrest Drive; (2) Henry Brown, 211 Athel Drive; (3) Dorothy Patterson, 2431 Beverly Hills Lane; (4) Ken Lane, 1228 Junction Run; (5) Paul Walker, 2101 Cranford Drive; (6) LaToya Lane, 1228 Junction Run; (7) Maxcie Taylor; and (8) Sheila Stewart, 725 Elm Falls Place. Caleb Turner, 1325 Rivercrest Drive, submitted a registration card in support of diversity in the City of Mesquite but chose not to speak. CONSENT AGENDA Approval of the Consent Agenda Ms. Vidler requested that Item No. 8 be removed from the Consent Agenda to be considered separately. Ms. Vidler moved to approve the remaining items on the Consent Agenda as follows. Motion was seconded by Mr. Green and approved unanimously. Ms. Vidler commented that Fire Chief Russell Wilson confirmed for her that on Agenda Item No. 13, a Stryker system is being separately purchased for installation on the ambulances in a manner that achieves cost savings. City of Mesquite, Texas Page 3 City Council Minutes - Final December 19, 2022 4 Minutes of the regular City Council meeting held December 5, 2022. Approved on the Consent Agenda. 5 An ordinance amending the City Code by revising Chapter 10, Article XI to be re-titled METAL RECYCLING; further revising Article XI for the purpose of reorganizing the Article and other various general updates; adding new and revised definitions; prohibiting the unlawful possession of catalytic converters as defined in the Article; and providing affirmative defenses thereto. Approved on the Consent Agenda. Ordinance No. 4996, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING CHAPTER 10, ARTICLE XI TO BE RE-TITLED METAL RECYCLING; FURTHER REVISING ARTICLE XI FOR THE PURPOSE OF REORGANIZING THE ARTICLE AND OTHER VARIOUS GENERAL UPDATES; ADDING NEW AND REVISED DEFINITIONS; PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS AS DEFINED IN THE ARTICLE; PROVIDING AFFIRMATIVE DEFENSES THERETO; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE WITH A FINE NOT TO EXCEED $500; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4996 recorded in Ordinance Book No. 128.) 6 An ordinance amending the City Code by revising Chapter 11, Article V (DRAINAGE AND FLOOD HAZARD AREA REGULATONS), Division 1, to add the Areas of Special Flood Hazard identified by the Federal Emergency Management Agency (FEMA), and other related general and organizational updates. Approved on the Consent Agenda. Ordinance No. 4997, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING CHAPTER 11, ARTICLE V (DRAINAGE AND FLOOD HAZARD AREA REGULATIONS), DIVISION 1, TO ADD THE AREAS OF SPECIAL FLOOD HAZARD IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), AND OTHER RELATED GENERAL AND ORGANIZATIONAL UPDATES; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE WITH A FINE NOT TO EXCEED $500; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4997 recorded in Ordinance Book No. 128.) 7 Bid No. 2022-067 - Skyline Drive Paving and Drainage Reconstruction - Town East Boulevard to Peachtree Road. (Staff recommends award to McMahon Contracting and Construction, LLC and authorize the City Manager to finalize and execute a contract in the amount of $12,317,502.00). Approved on the Consent Agenda. 9 RFP No. 2023-021 - Annual Contract for Downtown Mesquite Overlay Ordinance. City of Mesquite, Texas Page 4 City Council Minutes - Final December 19, 2022 (Staff recommends all bids be rejected and rebid at a later date.) Approved on the Consent Agenda. 10 RFP No. 2023-027 - Occupational Health, Injury, Drug and Alcohol Testing Services. (Staff recommends authorizing the City Manager to finalize and execute a contract with Occupational Health Centers of the Southwest, P.A., dba Concentra Medical Centers, through an Interlocal Cooperative Purchasing Agreement with the City of Grand Prairie (RFB No. 20126), in an amount not to exceed $120,000.00. The term of the contract is for one-year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 11 Bid No. 2023-030 - VMWare Site Recovery Manager Subscription and Support for Three Years. (Staff recommends purchase of VMWare Site Recovery Manager Subscription and Support for Three Years from SHI/Government Solutions, Inc., through the Department of Information Resources Cooperative Contract No . DIR-CPO-4444, in an amount not to exceed $58,141.30.) Approved on the Consent Agenda. 12 Bid No. 2023-037 - Purchase of Aggregate Flex Base Material. (Staff recommends authorizing the City Manager to finalize and execute a contract with Big City Crushed Concrete, LLC, for the purchase of ¾ to 1.5-inch crushed concrete in an amount not to exceed $110,000.00, through an Interlocal Cooperative Purchasing Agreement with the City of Richardson. The term of the contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to the annual appropriation of funds). Approved on the Consent Agenda. 13 Bid No. 2023-042 - Purchase of Two New 2023 Ford F-350 Chassis Ambulances (Staff recommends purchase of two ambulances offered by McCall F Inc ., dba Sterling McCall Ford, through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program (HGAC Buy) Contract No. AM10-20, in an amount not to exceed $485,748.00. Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute Change Order No. 2 to RFP No. 2021-065, Heritage Plaza Renovations, with Nouveau Technology Services, L.P., dba Nouveau Construction and Technology Services, L.P., for additional services required, in the amount of $96,930.00. Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute Change Order No. 3 to RFQ No. 2020-052, Renovation of 109-111 Broad Street - Heritage Plaza Building, City of Mesquite, Texas Page 5 City Council Minutes - Final December 19, 2022 with Donald F. Sopranzi, AIA, LEED-AP, for additional administration of the construction phase of construction contract in the amount of $12,150.00. Approved on the Consent Agenda. CONSENT AGENDA ITEM TO BE CONSIDERED SEPARATELY 8 Bid No. 2023-001 - Global Positioning for Police Radios. (Authorize the City Manager to finalize and execute a contract and any required documents with Motorola Solutions, Inc., through Texas Department of Information Resources Contract No. DIR-TSO-4101, for the purchase of global positioning for Police radios in an amount not to exceed $70,594.00.) Ms. Vidler moved to postpone consideration of Bid No. 2023-001, Global Positioning for Police Radios, to the January 3, 2023, City Council meeting. Motion was seconded by Mr. Green and approved unanimously. END OF CONSENT AGENDA PUBLIC HEARINGS 16 Conduct a public hearing and consider an ordinance for Application No . Z0822-0250, submitted by Alejandro Delgadillo, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a tunnel carwash with a modification to the 100-foot residential buffer requirement, located at 1700 Oates Drive. (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. Z0822-0250. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to develop the property at 1700 Oates Drive with a minor auto repair facility and tunnel carwash, including car vacuums. He stated that minor auto repair is permitted by right in the General Retail Zoning District; however, the carwash requires a Conditional Use Permit. The applicant has designed the site to minimize the possibility of cars queuing onto Oates Drive. A carwash must be a minimum of 100 feet from residential zoning. In this case, all of the residential zoning within 100 feet is comprised of electric right-of-way and City-owned property largely encumbered by floodplain. Fahim Khan, Architect for the applicant, provided an overview of the proposed development. Applicant Walid Alchahrour, partner of Alejandro Delgadillo, stated that the development will provide approximately 30 self-service car vacuums and memberships may be offered in the future. No one appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application Z0822-0250, as recommended by the Planning and Zoning Commission, with the following stipulations to City of Mesquite, Texas Page 6 City Council Minutes - Final December 19, 2022 address concerns of noise and overflow stacking: A. Activities on the Property shall comply with the City's Noise Ordinance, Article III of Chapter 10 of the Mesquite City Code as may be amended, and, if necessary for compliance, noise mitigation methods shall be utilized. B. Site Plan approval is conditioned on the proposed stacking driveways being designed so that overflow stacking does not encroach into the public right-of-way. And to approve Ordinance No. 4998, 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 1700 OATES DRIVE TO ALLOW A TUNNEL CARWASH WITHIN THE 100-FOOT RESIDENTIAL BUFFER REQUIREMENT 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. 4998 recorded in Ordinance Book No. 128.) ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Casper and approved unanimously. The meeting adjourned at 8:01 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 7