City Council

City of Mesquite, Texas Meeting Agenda City Council Monday, May 3, 2021 5:15 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas 1. All persons present at the meeting location is requested to observe social distancing by remaining a minimum of six (6) feet from other meeting participants and wear a covering over their nose and mouth. 2. Members of the public desiring to comment during Citizens Forum must preregister as follows: a. Send an email to the City Secretary on or before 3:00 p.m., on May 3, 2021. The email address is sland@cityofmesquite.com. The phone number is 972-216-6244. b. Provide the City Secretary with your name and address. 3. Comments on agenda items may be made during the meeting or by submission on or before 3:00 p.m., on May 3, 2021, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M. AGENDA REVIEW EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:15 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 1 21-5380 Receive financial statement for the period covering October 1, 2020, through March 31, 2021. Attachments: March 31, 2021, Financial Statement March 31, 2021, Financial Statement Overview REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Nathaniel Rainey, Pastor, Jireh's Tabernacle Worship Center, Mesquite, Texas. City of Mesquite, Texas Page 1 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 PLEDGE OF ALLEGIANCE Board Officers of the Mesquite Ministerial Alliance. PRESENTATIONS 2 21-5386 Receive video presentation recognizing Real. Texas. Service. Champions. 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.) 3 21-5361 Minutes of the regular City Council meeting held April 19, 2021. Attachments: 04.19.2021m 4 21-5348 An ordinance approving a Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station); establishing a tax increment for the zone, and making a finding regarding feasibility. Attachments: Ordinance City of Mesquite, Texas Page 2 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 5 21-5382 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. Attachments: Ordinance 6 21-5375 A resolution authorizing the acceptance of the Dallas County New Directions in Public Safety Grant in an amount not to exceed $1,045,000.00, authorizing the City Manager to execute the required Interlocal Agreement with Dallas County on behalf of the City of Mesquite and authorizing the City Manager as the authorized official to manage, reject, alter, or terminate the grant on behalf of the City. Attachments: Resolution 7 21-5381 A resolution ratifying the City Manager’s execution of the revision and restatement to the City of Mesquite’s 457(b) Deferred Compensation Plan with Lincoln Financial Group as required by the Internal Revenue Service. Attachments: Resolution 457 Plan Document 8 21-5371 A resolution finding that Oncor Electric Delivery Company LLC’s application for approval to amend its Distribution Cost Recovery Factor to increase distribution rates within the City should be denied; authorizing participation with Oncor Cities Steering Committee, authorizing the hiring of legal counsel and consulting services, finding that the City’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; and requiring notice of this resolution to the Company and legal counsel. Attachments: Resolution City of Mesquite, Texas Page 3 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 9 21-5390 RFP No. 2021-079 - Sale of 2800 Mesquite Valley Road, Mesquite, Texas for Single Family Development. (Staff recommends acceptance of the Taylor-Duncan Interests, LLC, proposal for the sale of 2800 Mesquite Valley Road in the amount of $271,000.00 for a single-family development and authorize the City Manager to execute the Contract for Sale and all necessary closing documents.) Attachments: Location Map Taylor-Duncan Proposal RFP No. 2021-079 10 21-5376 RFP No. 2021-081 - Annual Contract for Temporary Personnel Services for Solid Waste and Streets. (Authorize the City Manager to finalize and execute a contract with A & Associates, Inc., in the amount not to exceed $280,000.00. The term of this contract is for one year, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to annual appropriation of sufficient funds.) Attachments: Proposal Evaluation 11 21-5365 Bid No. 2021-087 - Energy Savings Performance Contracts. (Authorize the City Manager to finalize and execute a contract with Ameresco Inc., through The Interlocal Purchasing System (TIPS) Contract No. 170103, for the installation of a water metering advanced metering infrastructure system in the amount of $33,755,704.00.) 12 21-5378 Bid No. 2021-090 - Purchase of Three (3) Solid Waste Trucks. (Staff recommends award to Texas Kenworth Co. dba MHC Kenworth in Dallas, Texas, through BuyBoard Contract No. 601-19, in the amount of $553,379.10.) Attachments: 2021 Kenworth Rear Loader 13 21-5374 Authorize the City Manager to finalize and execute a contract with H.W. Lochner, Inc., for the engineering and design of a box hangar at the Mesquite Metro Airport in the amount of $262,760.00. 14 21-5370 Ratify Change Order No. 1 to Bid No. 2020-012, Kaufman County Large Diameter Transmission Water Main Project, with S.J. Louis Construction of Texas, LTD, for additional services in the amount of $97,575.00. Attachments: Change Order Supporting Documents 15 21-5388 Confirm the City Manager appointment of David Faaborg as Interim Police Chief for the City of Mesquite, effective March 27, 2021. City of Mesquite, Texas Page 4 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 16 21-5345 Approve the form of a Maintenance Agreement with the Homeowner’s Association (the “HOA”) and HC Solterra, LLC regarding the maintenance of public improvements or land owned by the City, specifying the standards of maintenance to include irrigation, and requiring an HOA funded reserve account, in accordance with the Solterra Development Agreement, as amended, and authorizing the City Manager to execute and administer the Maintenance Agreement on behalf of the City prior to the City issuing special revenue assessment bonds for each phase of the development. Attachments: Maintenance Agreement Solterra Improvement Zone Locations RECEIPT OF RESIGNATION 17 21-5389 Receive resignation from Michael Garvey as a regular member of the Mesquite Housing Board. Attachments: Resignation Email 18 21-5393 Receive resignation from Kenneth Burris as a member of the Parks and Recreation Advisory Board and Tree Board. Attachments: Resignation E-Mail APPOINTMENTS TO BOARDS AND COMMISSIONS 19 21-5391 Consider appointment of one regular member to the Parks and Recreation Advisory Board and Tree Board for a term to expire October 21, 2022. Attachments: Personal Data Form - Nix 20 21-5398 Consider appointment of one member to the Mesquite Quality of Life Corporation Board of Directors for a term to expire August 19, 2021. Attachments: Personal Data Form - Theriot 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.) City of Mesquite, Texas Page 5 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 21 21-5379 Conduct a public hearing for Zoning Application No. Z0321-0183, submitted by Paula Najera, for a change of zoning from General Retail to Commercial with a Conditional Use Permit to allow a Paraphernalia Shop with a modification to allow a paraphernalia shop to be less than 500 feet from a residential zoning district, located at 1925 Towne Centre Drive. (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 denial.) Attachments: Staff report & maps P&Z minutes Appeal Letter 22 21-5396 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) with Northridge Partners LLC, for the major renovation and redevelopment of the property located at 1805 North Galloway Avenue, in the City of Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution 23 21-5397 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) for such purposes with Notain Realty (Mesquite Airport Logistics Center) Limited Partnership, for the major development of property located at 4180 and 1262 East Scyene Road, in the City of Mesquite, Texas, and the sale of a portion and option to purchase the remainder of approximately 50 acres of City-owned property for development located at 1900 Airport Boulevard, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution - Notain Concept Plan City of Mesquite, Texas Page 6 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 24 21-5394 Conduct a public hearing for Zoning Text Amendment No. 2021-02, amending the Mesquite Zoning Ordinance, as previously amended, by making certain additions and deletions to sections contained in Parts 3 and 6 pertaining to the creation of Mobile Food Unit Parks as a regulated permitted land use in certain districts; and amending Chapter 8 of the Mesquite City Code, as previously amended, by repealing and replacing Article VIII to be titled “FOOD AND FOOD ESTABLISHMENTS,” providing for general updates and adopting the TEXAS FOOD ESTABLISHMENT RULES (“TFER”) 2015 EDITION and local amendments thereto, and providing additional updates to the operation and permitting of Mobile Food Units within the City, including Food Trucks and Food Trailers; and amending APPENDIX D - COMPREHENSIVE FEE SCHEDULE, Article XII, thereby revising health, food and food establishment fees. (This item was postponed at the April 19, 2021, City Council meeting. The Planning and Zoning Commission recommends approval of the zoning text amendment.) Attachments: P&Z Minutes 25 21-5377 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0321-0184, submitted by Richard Haness, on behalf of Kodiak Capital Partners, LLC, for a change of zoning from Commercial with Military Parkway-Scyene Corridor Overlay to Planned Development - Industrial and removal of the Military Parkway-Scyene Corridor Overlay to allow an office and warehouse/distribution with light manufacturing development, located at 1030 West Scyene 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 City of Mesquite, Texas Page 7 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 26 21-5344 Conduct a public hearing and consider an ordinance designating a contiguous geographic area consisting of approximately 1,920 acres of land generally located southwest of East Cartwright Road and both northwest and southeast of Faithon P. Lucas, Sr., Boulevard in the City of Mesquite, Dallas County, Texas, located within the Corporate Limits of the City of Mesquite, Texas, as a Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code, to be known as Reinvestment Zone Number Fifteen, City of Mesquite, Texas (Solterra), describing the boundaries of the Zone, creating a Board of Directors for the Zone, establishing a tax increment fund for the Zone, containing findings related to the creation of the Zone, providing a date for the termination of the Zone and providing that the Zone take effect immediately upon passage of the ordinance. Attachments: Ordinance Preliminary Reinvestment Zone Financing Plan 27 21-5305 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City; authorizing the City Manager to finalize and execute a Master Development Agreement and Chapter 380 Agreement between the City of Mesquite, Texas, and Alcott Logistics Partners, LP, and Alcott Logistics Station Tract D, LP, regarding the sale of a portion and options to purchase the remaining portions for development of approximately 75.01 acres of City-owned land generally located south of East Scyene Road and west of Faithon P. Lucas, Sr., Boulevard in the City and the granting of certain economic development incentives, said development to be a Master Planned Industrial Development with common amenities, design standards, and consistent with the operation of a Class A Industrial Business Park to be known as “Alcott Logistics Station”; authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement; authorizing the City Manager to administer the agreement on behalf of the City; and providing a severability clause. Attachments: Resolution Development Concept Industrial Building Layout CONSIDERATION OF ORDINANCE AND RESOLUTION City of Mesquite, Texas Page 8 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 28 21-5317 Consider an ordinance providing for the abandonment of approximately 256,347 square feet of right-of-way of East Glen Boulevard located west of the intersection of Faithon P. Lucas, Sr., Boulevard, subject to reservation of an easement, for development of the Alcott Logistics Station Class A industrial business park and authorizing the City Manager to release the easement upon satisfaction of stated conditions. Attachments: Ordinance Location Map ROW Legal Descriptions ROW Legal Descriptions Quitclaim Deed 29 21-5349 Consider a resolution authorizing the City Manager to finalize and execute a reimbursement agreement between the City of Mesquite, Texas, Board of Directors of Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station) (the “TIRZ”) and Alcott Logistics Station Tract D, LP, regarding the reimbursement of project costs for public improvements within the TIRZ. Attachments: Resolution ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 9 Monday, May 3, 2021 City Council Meeting Agenda May 3, 2021 Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City of Mesquite, Texas, et al, Cause No. 3:15-CV-02638-B – Filed 8-12-15 2. City of Mesquite v. Govind Group Corp., and 3629 E. US Highway 80, Mesquite, Texas 75150 in rem, Cause No. DC-18-02903 – Filed 3-1-18 3. City of Allen, et al v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Cause No. 6:19-cv-345-ADA-JCM – Filed 10-19-18 4. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18 5. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19 6. Patricia Brennan and Alyssa Sanders, Individually and as Heirs of Natalie Sanders v. City of Mesquite, et al, Cause No. 3:10-CV-01263-L – Filed 5-24-19 7. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of Mesquite, Cause No. CC-19-03248-C – Filed 5-31-19 8. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed 5-22-20 9. Tejas Motel, L.L.C. v. City of Mesquite, Acting by and through its Board of Adjustment, Civil Action No. 3:20-cv-20-1982 – Filed 7-27-20 10. City of Mesquite v. Ulises Rivera, Jessica Rivera and 3509 Byrd Drive, Mesquite, Texas 75150 in rem, Cause No. DC-20-12465 – Filed 9-3-20 11. City of Mesquite v. Branden Sanders and 2412 Baretta Dr., Mesquite, Texas 75181, in rem, Cause No. DC-20-18343 – Filed 12-14-20 12. Vault Ventures, LLC v. City of Mesquite and Cliff Keheley, in his Official Capacity as Mesquite City Manager, Cause No. DC-20-19115 – Filed 12-28-20 13. Delance Holt v. Troy Burke and Olivia Elliott, Civil Action No. 3:21-cv-164 – Filed 1-25-21 14. Texas Hemp Federation and Create a Cig Mesquite LLC dba CAC Mesquite v. City of Mesquite and Cliff Keheley in his official capacity as City Manager, Cause No. DC-21-02420 – Filed 2-25-21 15. Kasia Varsak v. Jeremy Thomas Meeks and the City of Mesquite, Texas, Cause No. CC-21-00813-B – Filed 3-4-21 Personnel Matters Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. 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 10 Monday, May 3, 2021 City Council Meeting Agenda May 3, 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 11 Monday, May 3, 2021