City Council
Regular MeetingMesquite, TX · July 6, 2021
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Tuesday, July 6, 2021 5:15 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
Present: Mayor Bruce Archer and Councilmembers Robert Miklos, Dan Aleman, Tandy Boroughs,
Kenny Green, B. W. Smith and Sherry Wisdom, City Manager Cliff Keheley and City Secretary Sonja
Land.
PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive presentation regarding Boards and Commissions update.
Staff presented information on proposed changes to the ordinances governing
Boards and Commissions. Council directed staff to include provisions for
extension of terms for current Board and Commission members, automatic
removal for excessive absences and background checks for all members.
2 Receive departmental strategy and budget presentations, as determined by city
management, related to City Council strategic goals and objectives.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Stan Raibley, Associate Pastor, Keystone Church of Mesquite.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Business Community.
SPECIAL ANNOUNCEMENTS
1. Ms. Wisdom invited citizens to attend the “Pop Up in the Park” event on Saturday, July 10, 2021,
from 9:00 a.m. to Noon, at KidsQuest Playground at DeBusk Park. This free event will include inflatable
slides, demonstrations by the Police Department's K9 Unit, safety displays by the Fire Department, arts
and crafts activities, Texas-sized yard games and a variety of food trucks.
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2. Mr. Green stated that citizens have the opportunity to participate in the City ’s budgeting process by
completing an online survey on the City’s website by Wednesday, July 7, 2021. Citizen input will be
used in the Town Hall meeting on Tuesday, July 13, 2021, and Budget Workshop on Saturday, July 17,
2021.
3. Mr. Miklos stated that volunteers are needed to participate in the Annual Addressing Mesquite Day
event on Saturday, October 2, 2021. This is an opportunity to help disabled and senior citizens with
exterior home repairs or yard projects. Contact the Office of Neighborhood Vitality for additional
information.
4. Mr. Aleman encouraged citizens to participate in the “Spread the Love” campaign by donating jars of
peanut butter and jelly or making a financial contribution. All donations will be provided to Sharing Life
Community Outreach to feed children in food insecure environments throughout the summer months.
5. Mr. Smith congratulated Historic Mesquite, Inc., for being recognized by Preservation Dallas with a
“Preservation Achievement Award” for the recently completed Webb Crownover Cabin restoration .
This cabin is one of the oldest buildings in eastern Dallas County, which is located at the Opal
Lawrence Historical Park and is the starting point for the Lawrence Outdoor Classroom’s nature trail.
6. Mr. Smith invited citizens to attend a Domestic Violence Seminar, sponsored by the Mesquite
NAACP, on Saturday, July 10, 2021, at 10:00 a.m., at Inspiration Church, 1233 North Belt Line Road,
where he will be the guest speaker.
7. Mr. Boroughs stated that July is “Parks and Recreation Month.” He encouraged citizens to enjoy the
outdoors and the City’s trail system, rent a park shelter for a family picnic or take a recreation class.
8. Mr. Boroughs announced that a District 4 Neighborhood Meeting will be held on Thursday, July 22,
2021, at 7:00 p.m., at Lakeside Activity Center, 101 Holley Park Drive, and encouraged citizens to
attend.
9. Mr. Boroughs stated that he has an identical twin brother who recently started a Facebook account .
Therefore, if anyone sees someone that looks like him on Facebook with a different name know that he
has not been hacked.
10. Mr. Boroughs stated that former Mesquite City Councilmember Phil Young passed away last night .
Mr. Young went to school with Mr. Borough’s father and was his father’s first customer when he opened
Boroughs Sign Company. Mr. Young was a longtime Mesquite resident as well as a real estate broker
and veteran. He asked citizens to remember Mr. Young and his family in their prayers.
11. Mayor Archer stated that former Mesquite City Councilmember Phil Young served on the City
Council when his father was the City Attorney. He requested a moment of silence in honor of Mr .
Young.
12. Mayor Archer stated that the Mesquite Public Library provides a free Summer Reading Club for
children through July 31, 2021. This year’s theme is “Tails and Tales” and is a great opportunity for
children to read books and earn prizes this summer.
13. Mayor Archer recognized new Senior Pastor Wally Butts and former Pastor Tom Palmer of First
United Methodist Church, who were present at tonight’s meeting.
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14. Mayor Archer stated that he attended the Annual Meadowview Farms Addition July 4th Parade and
commended the neighborhood residents for a successful celebration and for demonstrating unity.
CITIZENS FORUM
Samuel Valenzuela, 920 Field Trail Drive, expressed concerns regarding numerous accidents
occurring on North Galloway Avenue between U. S. Highway 80 and IH-30. He suggested that the
Mesquite Citizen’s Police Academy Alumni Association be more visible to help reduce speeding.
CONSENT AGENDA
Approved on the Consent Agenda
Mr. Miklos requested that Item Nos. 14 and 15 be removed from the Consent
Agenda to be considered separately. Mr. Green moved to approve the remaining
items on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs
and approved unanimously.
3 Minutes of the regular City Council meeting held June 21, 2021.
Approved on the Consent Agenda.
4 An ordinance amending the budget for Fiscal Year 2020-21 as heretofore
approved by Ordinance No. 4805 of the City of Mesquite, Texas, adopted on
September 21, 2020, and later amended by Ordinance No. 4846 on March 15,
2021, appropriating and setting aside the necessary funds out of the general
and other revenues of the City of Mesquite for Fiscal Year 2020-21, for the
maintenance and operation of various departments and activities of the City, for
capital and other improvements of the City and for all other expenditures
included in said second amended budget.
Approved on the Consent Agenda.
Ordinance No. 4873, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING THE BUDGET FOR THE FISCAL YEAR 2020-21 AS HERETOFORE
APPROVED BY ORDINANCE NO. 4805 OF THE CITY OF MESQUITE, TEXAS,
ADOPTED ON SEPTEMBER 21, 2020, AND LATER AMENDED BY ORDINANCE NO.
4846 ON MARCH 15, 2021, APPROPRIATING AND SETTING ASIDE THE
NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY
OF MESQUITE FOR FISCAL YEAR 2020-21 FOR THE MAINTENANCE AND
OPERATION OF VARIOUS DEPARTMENTS AND ACTIVITIES OF THE CITY, FOR
CAPITAL AND OTHER IMPROVEMENTS OF THE CITY AND FOR ALL OTHER
EXPENDITURES INCLUDED IN SAID SECOND AMENDED BUDGET; AND PROVIDING
A SEVERABILITY CLAUSE. (Ordinance No. 4873 recorded in Ordinance Book No.
124.)
5 A resolution authorizing the City Manager or his designee to finalize and execute
a grant agreement with the Texas Department of Transportation, Aviation
Division, for the reimbursement of $103,500.00 from the acquisition of 2.9 acres
of land located at 4180 Scyene Road in Mesquite, Dallas County, Texas.
Approved on the Consent Agenda.
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Resolution No. 37-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
FINALIZE AND EXECUTE A GRANT AGREEMENT WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION, AVIATION DIVISION, FOR THE REIMBURSEMENT OF
$103,500.00 FROM THE ACQUISITION OF 2.9 ACRES OF LAND LOCATED AT 4180
SCYENE ROAD IN MESQUITE, DALLAS COUNTY, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND DECLARING AN
EFFECTIVE DATE. (Resolution No. 37-2021 recorded in Resolution Book No. 63.)
6 A resolution authorizing the City Manager or his designee to accept a
Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA)
grant from the Texas Department of Transportation, Aviation Division, in the
maximum amount of $57,162.00 to prevent, prepare for and respond to the
impacts of the COVID-19 public health emergency on airports and the air traffic
control towers operation, and authorizing the City Manager or his designee to
finalize and execute all necessary documents relative to the acceptance of
such grant.
Approved on the Consent Agenda.
Resolution No. 38-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ACCEPT A CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT GRANT FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION IN THE MAXIMUM AMOUNT OF $57,162.00 TO PREVENT,
PREPARE FOR, AND RESPOND TO THE IMPACTS OF THE COVID-19 PUBLIC
HEALTH EMERGENCY ON AIRPORTS AND THE AIR TRAFFIC CONTROL TOWERS
OPERATION; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
FINALIZE AND EXECUTE ALL NECESSARY DOCUMENTS RELATIVE TO THE
ACCEPTANCE OF SUCH GRANT. (Resolution No. 38-2021 recorded in Resolution
Book No. 63.)
7 A resolution adopting the Annual Plan for the Housing Choice Voucher Program
for submission to the United States Department of Housing and Urban
Development.
Approved on the Consent Agenda.
Resolution No. 39-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADOPTING THE ANNUAL PLAN FOR THE HOUSING CHOICE
VOUCHER PROGRAM FOR SUBMISSION TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT. (Resolution No. 39-2021 recorded in
Resolution Book No. 63.)
8 A resolution authorizing the sale of tax-foreclosed property located at 2200
Baker Drive in Mesquite, Texas (the “Property”); accepting the offer from Kamal
Alkak (the “Purchaser”) to purchase the property; ratifying and approving the
Offer and Purchase Agreement executed by the Purchaser setting forth the
terms and conditions of the sale of the property; and authorizing the City
Manager to execute a Quitclaim Deed and all other documents necessary or
requested to complete the closing and sale of the property.
Approved on the Consent Agenda.
Resolution No. 40-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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MESQUITE, TEXAS, AUTHORIZING THE SALE OF TAX-FORECLOSED PROPERTY
LOCATED AT 2200 BAKER DRIVE IN MESQUITE, TEXAS (THE “PROPERTY”);
ACCEPTING THE OFFER FROM KAMAL ALKAK (THE “PURCHASER”) TO
PURCHASE THE PROPERTY; RATIFYING AND APPROVING THE OFFER AND
PURCHASE AGREEMENT EXECUTED BY THE PURCHASER SETTING FORTH THE
TERMS AND CONDITIONS OF THE SALE OF THE PROPERTY; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED AND ALL OTHER
DOCUMENTS NECESSARY OR REQUESTED TO COMPLETE THE CLOSING AND
SALE OF THE PROPERTY. (Resolution No. 40-2021 recorded in Resolution Book
No. 63.)
9 Bid No. I069-2019 - Annual Xerox V180 Color Digital Press.
(Staff recommends ratification of the lease agreement with Xerox Corporation,
through The Cooperative Purchasing Network (TCPN), Contract No. R150302,
in an amount not to exceed $185,053.20. The term of the lease is for 60 months
in the monthly amount of $3,084.22, for a total annual amount of $37,010.64,
subject to annual appropriation of sufficient funds.)
Approved on the Consent Agenda.
10 Bid No. 2021-053 Annual Laboratory Testing and Services of Drugs and
Controlled Substances.
(Authorize the City Manager to execute a contract with National Medical
Services, Inc., dba NMS Labs, in the amount of $171,250.00. The term of this
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
annual appropriation of sufficient funds.)
Approved on the Consent Agenda.
11 Bid No. 2021-097 - Annual Supply of Traffic Control Square-Section Sign Posts
and Accessories.
(Authorize the City Manager to finalize and execute a contract with Centerline
Supply, Inc., in the amount of $71,401.00. 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.)
Approved on the Consent Agenda.
12 Authorize an increase in the Legal Services Agreement between the City and
Messer, Fort & McDonald PLLC for the provision of legal services, advice and
counsel to the City of Mesquite in connection with Cause No. DC-20-19115,
44th District Court, Dallas County, Texas, in the amount not to exceed
$50,000.00, for a total contract amount not to exceed $100,000.00, and
authorize the City Attorney to finalize and execute the Agreement.
Approved on the Consent Agenda.
13 Authorize the Mayor to execute a Release and Termination of Agreement For
Variance And Development For South Mesquite Creek Corridor.
Approved on the Consent Agenda.
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Consent Agenda Item(s) to be Considered Separately
14 An ordinance approving an update of the Service and Assessment Plan and
Assessment Roll for Authorized Improvements for the Iron Horse Public
Improvement District (the “District”); making and adopting findings; accepting
and approving the Fiscal Year 2021-2022 Annual Service Plan Update and
Updated Assessment Roll for the District; requiring compliance with Chapter
372, Texas Local Government Code, as amended; providing a cumulative
repealer clause; providing for severability and providing an effective date.
Mr. Miklos left the meeting.
Mr. Boroughs moved to approve Ordinance No. 4874, AN ORDINANCE OF THE
CITY OF MESQUITE, TEXAS APPROVING AN UPDATE OF THE SERVICE AND
ASSESSMENT PLAN AND ASSESSMENT ROLL FOR AUTHORIZED
IMPROVEMENTS FOR THE IRON HORSE PUBLIC IMPROVEMENT DISTRICT (THE
“DISTRICT”); MAKING AND ADOPTING FINDINGS; ACCEPTING AND APPROVING
THE FISCAL YEAR 2021-2022 ANNUAL SERVICE PLAN UPDATE AND UPDATED
ASSESSMENT ROLL FOR THE DISTRICT; REQUIRING COMPLIANCE WITH
CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Aleman. On call
for a vote on the motion, the following votes were cast:
Ayes: Boroughs, Aleman, Archer, Smith, Wisdom, Green
Nayes: None
Absent: None
Abstentions: Miklos
Motion carried. (Ordinance No. 4874 recorded in Ordinance Book No. 124.)
15 A resolution approving an Interlocal Agreement with the City of Crandall, Texas,
reserving an area within Mesquite’s Extraterritorial Jurisdiction (“ETJ”) for
release to Crandall upon annexation by Crandall and subject to said annexation
accepting a release of an area within Crandall’s ETJ to become a part of
Mesquite’s ETJ, all in the area of FM 2757 and FM 741 in Kaufman County and
resulting in a reduction and expansion of Mesquite’s ETJ and authorizing the
City Manager to execute the Interlocal Agreement.
Mr. Aleman moved to approve Resolution No. 41-2021, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS (“MESQUITE”), APPROVING
AN INTERLOCAL AGREEMENT WITH THE CITY OF CRANDALL, TEXAS
(“CRANDALL”), RESERVING AN AREA WITHIN MESQUITE’S EXTRATERRITORIAL
JURISDICTION (“ETJ”) FOR RELEASE TO CRANDALL UPON ANNEXATION BY
CRANDALL AND SUBJECT TO SAID ANNEXATION ACCEPTING A RELEASE OF AN
AREA WITHIN CRANDALL’S ETJ TO BECOME A PART OF MESQUITE’S ETJ, ALL IN
THE AREA OF FM 2757 AND FM 741 IN KAUFMAN COUNTY AND RESULTING IN A
REDUCTION AND EXPANSION OF MESQUITE’S ETJ; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE. Motion was seconded by Mr. Green. On call for a vote on the
motion, the following votes were cast:
Ayes: Aleman, Green, Archer, Smith, Wisdom, Boroughs
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Nayes: None
Absent: None
Abstentions: Miklos
Motion carried. (Resolution No. 41-2021 recorded in Resolution Book No. 63.)
END OF CONSENT AGENDA
RECEIPT OF RESIGNATION
16 Receive resignation from Terry Tosch as a member of the Civil Service
Commission and Personnel/Trial Board.
Mr. Miklos entered the meeting. Mr. Boroughs moved to accept the resignation
of Terry Tosch as a member of the Civil Service Commission and Personnel/Trial
Board. Motion was seconded by Mr. Green and approved unanimously.
PUBLIC HEARINGS
17 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 that this is the first of three
public hearings regarding the Fiscal Year 2021-2022 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 a citizen survey is available on the City’s website. Citizens are
encouraged to complete the survey by Wednesday, July 7, 2021. Survey
information will be reviewed and provided to the City Council for consideration.
She stated that survey information will be discussed at the Tuesday, July 13,
2021, Town Hall Meeting at 7:00 p.m. Ms. Rogers reminded residents that a
Government Transparency button can be found on the main landing page of the
City Website that offers access to most City financial information. Detailed
schedules for the proposed budget will be available on the City’s website by
Friday, July 16, 2021. Two future budget public hearings will be held at the July
19, 2021, and August 2, 201, City Council meetings.
Ron Ward, 430 Running Brook Lane, stated that if a tax election is held, he
suggested that the City Council and staff provide citizens with information,
through various outlets, regarding how a tax increase will affect their properties.
No others appeared regarding the Fiscal Year 2021-2022 budget.
18 Conduct a public hearing and consider an ordinance for Zoning Application No .
Z0521-0198, submitted by First United Methodist Church of Mesquite, for a
change of zoning from Central Business to Central Business with a Conditional
Use Permit to allow a private elementary school, located at 300 N. Galloway
Avenue.
(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.)
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A public hearing was held regarding Zoning Application No. Z0521-0198,
submitted by First United Methodist Church of Mesquite, for a change of zoning
from Central Business to Central Business with a Conditional Use Permit to allow
a private elementary school, located at 300 North Galloway Avenue.
Jeff Armstrong, Director of Planning and Community Development, stated that in
addition to church services and activities at the property, the applicant has
operated a day care on the first floor of the Family Life Center building. This past
school year, the applicant also operated a kindergarten class with five students.
Beginning in the fall of 2021, the church is proposing to expand the school to
include both kindergarten and first grade classes with a maximum of 33 students.
However, they anticipate only 12 students in each class. The applicant has no
plans to add additional grades in the future. The private school, Faith
Preparatory, would be located on the second floor of the Family Life Center
building. The applicant submitted a traffic management plan that staff found to
be satisfactory.
Applicant Reverend Wally Butts, Senior Pastor at First United Methodist Church of
Mesquite, stated that he has only been the pastor for five days and supports this
addition to their school.
Bonnie Canipe, Faith Preparatory School Director, stated that the school follows
State standards. This year, their Kindergarten students finished the school year
reading well above a Kindergarten level.
No others appeared regarding Zoning Application No. Z0521-098.
Mr. Boroughs moved to approve Zoning Application No. Z0521-0198, as approved
by the Planning and Zoning Commission, and to approve Ordinance No. 4875,
AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING
A CHANGE OF ZONING FROM CENTRAL BUSINESS TO CENTRAL BUSINESS WITH
A CONDITIONAL USE PERMIT TO ALLOW A PRIVATE ELEMENTARY SCHOOL
LOCATED AT 300 NORTH GALLOWAY AVENUE; 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. 4875 recorded in Ordinance Book No.
124.)
19 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 Chapter 380
Agreement (“380 Agreement”) with LF Gateway LP, for the construction and
development of the property located at 3201 East Cartwright Road, in the City of
Mesquite, Texas, and authorizing the City Manager to finalize, execute and
administer the agreement on behalf of the City.
A public hearing was held to consider an Economic Development Program
Chapter 380 Agreement with LF Gateway LP for construction and development of
the property located at 3201 East Cartwright Road.
Kim Buttram, Director of Economic Development, stated that the 6.787-acre tract
is located at East Cartwright Road and Faithon P. Lucas, Sr., Boulevard ,
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City Council Minutes - Final July 6, 2021
adjacent to John D. Horn High School. LF Gateway LP purchased this property
noting a market need in the area for new commercial development and the
anticipation of future residential development in Southeast Mesquite. The
proposed development, Shadow Creek Crossing, is being marketed by DBA
Commercial Real Estate with an anticipated capital investment of $16 million.
The agreement will require that the development contain 42,500 – 57,000 square
feet of retail space.
Ms. Buttram stated that the agreement would require some public improvements
and preliminary site plan improvements. The development will consist of five to
six freestanding retail buildings providing walkability and patio dining.
Exceptional costs of developing the site to improve ingress and egress include
modifications to East Cartwright Road and the entrance to John D. Horn High
School from Faithon P. Lucas, Sr., Boulevard. Proposed landscape
enhancements and rod iron fencing will provide screening along the John D.
Horn High School entrance and campus.
Ms. Buttram introduced applicant Seth Grubstein, President of Cypress Capital,
who acknowledged Mr. Miklos, Mr. Aleman, Ms. Buttram and City Manager Cliff
Keheley for their input throughout this process. He presented renderings of the
development.
Tim McNutt, DBA Commercial Real Estate, stated that recent research has shown
that a substantial number of persons have driven to northwest Mesquite to visit
various shopping centers and restaurants. Retail and restaurants are needed in
Southeast Mesquite to accommodate future residential expansion.
Councilmembers expressed support for the proposed development.
No one appeared regarding the proposed Economic Development Program
Chapter 380 Agreement with LF Gateway LP.
Mr. Aleman moved to approve Resolution No. 42-2021, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, 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 CHAPTER 380 AGREEMENT (“380 AGREEMENT”) WITH
LF GATEWAY LP, FOR THE CONSTRUCTION AND DEVELOPMENT OF THE
PROPERTY LOCATED AT 3201 EAST CARTWRIGHT ROAD, IN THE CITY OF
MESQUITE, TEXAS; AND AUTHORIZING THE CITY MANAGER TO FINALIZE,
EXECUTE AND ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion
was seconded by Mr. Miklos and approved unanimously. (Resolution No. 42-2021
recorded in Resolution Book No. 63.)
20 A. Conduct a public hearing and consider an ordinance enlarging the
boundaries and increasing the geographic area of Reinvestment Zone Number
Twelve, City of Mesquite, Texas (IH-20 Business Park) (“the Zone”) by adding to
the Zone approximately 13 acres of City rights-of-way adjacent to the Zone and
approximately 828 acres of noncontiguous land generally located south of
Scyene Road, west of Lawson Road, north of Berry Road, and east of Ashley
Furniture Industries Distribution Center, and being located within the corporate
limits and extraterritorial jurisdiction of the City, pursuant to Chapter 311 of the
Texas Tax Code, describing the boundaries of the Zone as enlarged, extending
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the term of the Zone, amending Ordinance No. 4579, containing findings related
to the enlargement of the Zone, and providing that expansion of the Zone take
effect immediately upon passage of the ordinance.
(This public hearing is continued from the June 7, 2021, City Council meeting.)
B. An ordinance approving a Project Plan and Reinvestment Zone Financing
Plan for Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20
Business Park), and making a finding regarding feasibility.
A public hearing was held regarding enlarging the boundaries and increasing
the geographic area of Reinvestment Zone Number Twelve, City of Mesquite,
Texas (IH-20 Business Park).
Ted Chinn, Assistant City Manager, stated that the IH-20 Business Park Tax
Reinvestment Zone (TIRZ) Number Twelve Board met prior to this meeting and
approved the enlarged boundary lines. After this item was presented at the June
7, 2021, City Council meeting, staff deliberated and have recommended removal
of all residential property, east of the Mesquite Metro Airport, from the TIRZ.
No one appeared regarding enlarging the boundaries and increasing in the
geographic area of Reinvestment Zone Number Twelve, City of Mesquite, Texas
(IH-20 Business Park).
Mr. Aleman moved to approve Ordinance No. 4876, AN ORDINANCE OF THE CITY
OF MESQUITE, TEXAS, ENLARGING THE BOUNDARIES AND INCREASING THE
GEOGRAPHIC AREA OF REINVESTMENT ZONE NUMBER TWELVE, CITY OF
MESQUITE, TEXAS (IH-20 BUSINESS PARK) (THE “ZONE”) BY ADDING TO THE
ZONE APPROXIMATELY 13 ACRES OF CITY RIGHTS-OF-WAY ADJACENT TO THE
ZONE AND APPROXIMATELY 828 ACRES OF NONCONTIGUOUS LAND
GENERALLY LOCATED SOUTH OF SCYENE ROAD, WEST OF LAWSON ROAD,
NORTH OF BERRY ROAD, AND EAST OF ASHLEY FURNITURE INDUSTRIES
DISTRIBUTION CENTER, AND BEING LOCATED WITHIN THE CORPORATE LIMITS
AND EXTRATERRITORIAL JURISDICTION OF THE CITY, DESCRIBING THE
BOUNDARIES OF THE ZONE AS ENLARGED, EXTENDING THE TERM OF THE ZONE,
AMENDING ORDINANCE NO. 4579, CONTAINING FINDINGS RELATED TO THE
ENLARGEMENT OF THE ZONE, AND PROVIDING THAT EXPANSION OF THE ZONE
TAKE EFFECT IMMEDIATELY UPON PASSAGE OF THE ORDINANCE; PROVIDING
REPEALER AND SEVERABILITY CLAUSES AND AN EFFECTIVE DATE. Motion was
seconded by Mr. Green and approved unanimously. (Ordinance No. 4876
recorded in Ordinance Book No. 124.)
B. Mr. Aleman moved to approve Ordinance No. 4877, AN ORDINANCE OF THE
CITY OF MESQUITE, TEXAS, APPROVING A PROJECT PLAN AND REINVESTMENT
ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWELVE, CITY OF
MESQUITE, TEXAS (IH-20 BUSINESS PARK); MAKING A FINDING REGARDING
FEASIBILITY; PROVIDING REPEALER AND SEVERABILITY CLAUSES; AND
PROVIDING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Green
and approved unanimously. (Ordinance No. 4877 recorded in Ordinance Book
No. 124.)
ADJOURNMENT
Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Smith and
approved unanimously. The meeting adjourned at 8:03 p.m.
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Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Bruce Archer, Mayor
City of Mesquite, Texas Page 11
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Tuesday, July 6, 2021 5:15 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
1. 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 July 6, 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.
2. Comments on agenda items may be made during the meeting or by submission on or
before 3:00 p.m., on July 6, 2021, to the following email address:
sland@cityofmesquite.com.
PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 21-5493 Receive presentation regarding Boards and Commissions update.
2 21-5475 Receive departmental strategy and budget presentations, as determined
by city management, related to City Council strategic goals and objectives.
(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 - 5:15 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 of Mesquite, Texas Page 1 Tuesday, July 6, 2021
City Council Meeting Agenda July 6, 2021
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Stan Raibley, Associate Pastor, Keystone Church of Mesquite.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Business Community.
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 21-5404 Minutes of the regular City Council meeting held June 21, 2021.
Attachments: 06.21.2021m
4 21-5477 An ordinance amending the budget for Fiscal Year 2020-21 as heretofore
approved by Ordinance No. 4805 of the City of Mesquite, Texas, adopted
on September 21, 2020, and later amended by Ordinance No. 4846 on
March 15, 2021, appropriating and setting aside the necessary funds out
of the general and other revenues of the City of Mesquite for Fiscal Year
2020-21, for the maintenance and operation of various departments and
activities of the City, for capital and other improvements of the City and
City of Mesquite, Texas Page 2 Tuesday, July 6, 2021
City Council Meeting Agenda July 6, 2021
for all other expenditures included in said second amended budget.
Attachments: Ordinance
Summary of Changes
5 21-5478 A resolution authorizing the City Manager or his designee to finalize and
execute a grant agreement with the Texas Department of Transportation,
Aviation Division, for the reimbursement of $103,500.00 from the
acquisition of 2.9 acres of land located at 4180 Scyene Road in Mesquite,
Dallas County, Texas.
Attachments: Resolution
6 21-5458 A resolution authorizing the City Manager or his designee to accept a
Coronavirus Response and Relief Supplemental Appropriations Act
(CRRSAA) grant from the Texas Department of Transportation, Aviation
Division, in the maximum amount of $57,162.00 to prevent, prepare for
and respond to the impacts of the COVID-19 public health emergency on
airports and the air traffic control towers operation, and authorizing the
City Manager or his designee to finalize and execute all necessary
documents relative to the acceptance of such grant.
Attachments: Resolution
7 21-5489 A resolution adopting the Annual Plan for the Housing Choice Voucher
Program for submission to the United States Department of Housing and
Urban Development.
Attachments: Resolution
Annual Plan Attachment B
8 21-5486 A resolution authorizing the sale of tax-foreclosed property located at
2200 Baker Drive in Mesquite, Texas (the “Property”); accepting the offer
from Kamal Alkak (the “Purchaser”) to purchase the property; ratifying
and approving the Offer and Purchase Agreement executed by the
Purchaser setting forth the terms and conditions of the sale of the
property; and authorizing the City Manager to execute a Quitclaim Deed
and all other documents necessary or requested to complete the closing
and sale of the property.
Attachments: Resolution
Location Map
9 21-5471 Bid No. I069-2019 - Annual Xerox V180 Color Digital Press.
(Staff recommends ratification of the lease agreement with Xerox
Corporation, through The Cooperative Purchasing Network (TCPN),
Contract No. R150302, in an amount not to exceed $185,053.20. The term
of the lease is for 60 months in the monthly amount of $3,084.22, for a
total annual amount of $37,010.64, subject to annual appropriation of
sufficient funds.)
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Attachments: Xerox Quote
10 21-5500 Bid No. 2021-053 Annual Laboratory Testing and Services of Drugs and
Controlled Substances.
(Authorize the City Manager to execute a contract with National Medical
Services, Inc., dba NMS Labs, in the amount of $171,250.00. The term of
this 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 annual appropriation of sufficient funds.)
Attachments: Bid Tabulation
11 21-5472 Bid No. 2021-097 - Annual Supply of Traffic Control Square-Section Sign
Posts and Accessories.
(Authorize the City Manager to finalize and execute a contract with
Centerline Supply, Inc., in the amount of $71,401.00. 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: Best Value Scoring Matrix
12 21-5492 Authorize an increase in the Legal Services Agreement between the City
and Messer, Fort & McDonald PLLC for the provision of legal services,
advice and counsel to the City of Mesquite in connection with Cause No.
DC-20-19115, 44th District Court, Dallas County, Texas, in the amount not
to exceed $50,000.00, for a total contract amount not to exceed
$100,000.00, and authorize the City Attorney to finalize and execute the
Agreement.
13 21-5496 Authorize the Mayor to execute a Release and Termination of Agreement
For Variance And Development For South Mesquite Creek Corridor.
Attachments: Release and Termination of Agreement
Agreement For Variance And Development For South Mesquite Creek Corridor dated November 21, 2005
14 21-5449 An ordinance approving an update of the Service and Assessment Plan
and Assessment Roll for Authorized Improvements for the Iron Horse
Public Improvement District (the “District”); making and adopting findings;
accepting and approving the Fiscal Year 2021-2022 Annual Service Plan
Update and Updated Assessment Roll for the District; requiring
compliance with Chapter 372, Texas Local Government Code, as amended;
providing a cumulative repealer clause; providing for severability and
providing an effective date.
Attachments: Ordinance
15 21-5484 A resolution approving an Interlocal Agreement with the City of Crandall,
Texas, reserving an area within Mesquite’s Extraterritorial Jurisdiction
(“ETJ”) for release to Crandall upon annexation by Crandall and subject to
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City Council Meeting Agenda July 6, 2021
said annexation accepting a release of an area within Crandall’s ETJ to
become a part of Mesquite’s ETJ, all in the area of FM 2757 and FM 741 in
Kaufman County and resulting in a reduction and expansion of Mesquite’s
ETJ and authorizing the City Manager to execute the Interlocal Agreement.
Attachments: Resolution
RECEIPT OF RESIGNATION
16 21-5497 Receive resignation from Terry Tosch as a member of the Civil Service
Commission and Personnel/Trial Board.
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.)
17 21-5476 Conduct a public hearing to receive citizen input on the proposed Fiscal
Year 2021-22 budget.
18 21-5488 Conduct a public hearing and consider an ordinance for Zoning
Application No. Z0521-0198, submitted by First United Methodist Church
of Mesquite, for a change of zoning from Central Business to Central
Business with a Conditional Use Permit to allow a private elementary
school, located at 300 N. Galloway Avenue.
(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
19 21-5438 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
Chapter 380 Agreement (“380 Agreement”) with LF Gateway LP, for the
construction and development of the property located at 3201 East
Cartwright Road, in the City of Mesquite, Texas, and authorizing the City
Manager to finalize, execute and administer the agreement on behalf of
the City.
Attachments: Resolution
20 21-5469 A. Conduct a public hearing and consider an ordinance enlarging the
boundaries and increasing the geographic area of Reinvestment Zone
City of Mesquite, Texas Page 5 Tuesday, July 6, 2021
City Council Meeting Agenda July 6, 2021
Number Twelve, City of Mesquite, Texas (IH-20 Business Park) (“the
Zone”) by adding to the Zone approximately 13 acres of City rights-of-way
adjacent to the Zone and approximately 828 acres of noncontiguous land
generally located south of Scyene Road, west of Lawson Road, north of
Berry Road, and east of Ashley Furniture Industries Distribution Center,
and being located within the corporate limits and extraterritorial
jurisdiction of the City, pursuant to Chapter 311 of the Texas Tax Code,
describing the boundaries of the Zone as enlarged, extending the term of
the Zone, amending Ordinance No. 4579, containing findings related to the
enlargement of the Zone, and providing that expansion of the Zone take
effect immediately upon passage of the ordinance.
(This public hearing is continued from the June 7, 2021, City Council
meeting.)
B. An ordinance approving a Project Plan and Reinvestment Zone
Financing Plan for Reinvestment Zone Number Twelve, City of Mesquite,
Texas (IH-20 Business Park), and making a finding regarding feasibility.
Attachments: TIRZ Designation Ordinance No. 4579
Ordinance - Enlarging Boundaries-Extending Term w-Exhibits. 07-06-2021
Ordinance - Project and Financing Plan w-Exhibit to be attached. 07-06-2021
ADJOURNMENT
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
City of Mesquite, Texas Page 6 Tuesday, July 6, 2021
City Council Meeting Agenda July 6, 2021
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).
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.
City of Mesquite, Texas Page 7 Tuesday, July 6, 2021
City Council Meeting Agenda July 6, 2021
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 Tuesday, July 6, 2021
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