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City Council

Regular Meeting

Mesquite, TX · July 6, 2021

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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. City of Mesquite, Texas Page 1 City Council Minutes - Final July 6, 2021 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. City of Mesquite, Texas Page 2 City Council Minutes - Final July 6, 2021 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. City of Mesquite, Texas Page 3 City Council Minutes - Final July 6, 2021 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 City of Mesquite, Texas Page 4 City Council Minutes - Final July 6, 2021 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. City of Mesquite, Texas Page 5 City Council Minutes - Final July 6, 2021 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 City of Mesquite, Texas Page 6 City Council Minutes - Final July 6, 2021 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.) City of Mesquite, Texas Page 7 City Council Minutes - Final July 6, 2021 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 , City of Mesquite, Texas Page 8 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 City of Mesquite, Texas Page 9 City Council Minutes - Final July 6, 2021 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. City of Mesquite, Texas Page 10 City Council Minutes - Final July 6, 2021 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.) City of Mesquite, Texas Page 3 Tuesday, July 6, 2021 City Council Meeting Agenda July 6, 2021 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 City of Mesquite, Texas Page 4 Tuesday, July 6, 2021 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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