City Council

City of Mesquite, Texas Minutes - Final City Council Monday, March 6, 2023 5:30 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Tandy Boroughs, B. W. Smith, Kenny Green, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Discuss fees for City Services. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:39 P.M. 2 Receive preliminary financial statements for fiscal year ending September 30, 2022, and financial statements for the first quarter of fiscal year 2022-2023 covering October 1, 2022, through December 31, 2022. Cindy Smith, Director of Finance, presented the financial statements for fiscal year ending September 30, 2022, and financial statements for period covering October 1, 2022, through December 31, 2022. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:10 P.M. INVOCATION Retired Pastor, James Schoenrock. PLEDGE OF ALLEGIANCE Members of the Hiram Bennett Chapter of the Daughters of the Republic of Texas. SPECIAL ANNOUNCEMENTS 1. Ms. Anderson stated that several events will be happening at the Mesquite Arts Center this month . From Monday, March 13, 2023, through Friday, March 17, 2023, Cara Mia Theater will present The School of Yes! Spring Break Camp. This is an eco-friendly workshop for children and teens to learn about movement, arts and crafts and theatre. Two sessions will be held – 10:00 a.m. to 11:30 a.m. for children ages 4 to 7 years old City of Mesquite, Texas Page 1 City Council Minutes - Final March 6, 2023 and 12:30 p.m. to 2:00 p.m. for youth ages 8 to 14 years old. The cost is $25.00 per child. On Thursday, March 16, 2023, the Mesquite Arts Center, 1527 North Galloway Avenue, will host Mesquite Rocks! St. Patty’s Concert at 7:00 p.m. on the front lawn. 2. Mr. Smith stated that the North Texas Municipal Water District will be conducting their annual system maintenance from Monday, March 6, 2023, through Monday, April 3, 2023. This maintenance ensures Mesquite’s drinking water is safe and provides positive water flows. This process may cause a temporary slight odor change but the water is completely safe to drink. For more information, customers can visit www.ntmwd.com/SafeWater. 3. Mr. Smith thanked City Manager Cliff Keheley, Mayor Dan Alemán and citizens who attended the District 5 Neighborhood Meeting last Saturday, March 4, 2023. 4. Mr. Boroughs encouraged citizens to send their children to Spring Break Camp next week. Children can attend for one day or one week of fun at Dunford Recreation Center, 1015 Green Canyon, or Camp Rorie Galloway, 3100 Lawson Road. Camps are for Kindergarten through Sixth Grade students and operates from 7:00 a.m. to 6:00 p.m., on Monday, March 13, 2023, through Friday, March 17, 2023. The Dunford daily fee is $20.00 per resident or $30.00 per non-resident. Camp Rorie Galloway daily fee is $25.00 per resident or $35.00 per non-resident. Registration ends Friday, March 11, 2023. 5. Mr. Boroughs invited citizens to attend a District 4 Neighborhood Meeting on Thursday, March 30, 2023, at Tisinger Elementary School, 1701 Hillcrest Street, from 7:30 p.m. to 8:30 p.m. 6. Ms. Vidler stated that the City of Mesquite has three active Adult 50+ programs at Evans, Goodbar and Rutherford Recreation Centers. Highlights in March include a St. Patrick’s Day celebration on Tuesday, March 14, 2023, at 10:30 a.m., at Goodbar Recreation Center, 3000 Concord Drive, and on Friday, March 24, 2023, Gary Freeman will entertain with a variety of music styles at Rutherford Recreation Center, 900 Rutherford Drive, beginning at 10:30 a.m. 7. Ms. Vidler invited citizens to attend a District 3 Neighborhood Meeting on Thursday, March 9, 2023, at Cannaday Elementary School, 2701 Chisholm Trail, at 7:00 p.m. and a Skyline/Rugel Neighborhood Meeting on Tuesday, March 28, 2023, at Rugel Elementary School, 2701 Sybil Drive, at 6:30 p.m. 8. Mr. Green stated that the Utility Billing Office will be closed this Friday, March 10, 2023, for maintenance. Customers will still be able to make payments online at www.cityofmesquite.com/MesquitePay, which is a new more secure, convenient and user -friendly online payment system. Customers can also place their payment in the dropbox in front of City Hall, 757 North Galloway Avenue. 9. Mr. Casper thanked the City Council, past City Council and City staff for the major advancement over the past few years of City meetings. 10. Mr. Casper announced that the 65th Annual Rodeo Parade will be held on Saturday, April 1, 2023, beginning at 10:00 a.m. Businesses and local organizations are invited to take a part in this long-standing tradition. The parade entry fee is $40.00 with registration deadline being Thursday, March 30, 2023. For a map of the parade route, online registration and more information, visit www.cityofmesquite.com/RodeoParade. 11. Mayor Alemán stated that the Mesquite Fire Department has rolled out an innovative new unit to make the City’s highways safer while emergency personnel are responding to incidents. The truck-mounted crash barrier was put in service on March 1, 2023, and is built to protect first responders from distracted drivers. The new unit, called Blocker 4, provides a two-sectioned bumper between the vehicle and oncoming traffic when fully unfolded. It is also designed to withstand crashes from passing motorists and absorb most of the impact if struck. City of Mesquite, Texas Page 2 City Council Minutes - Final March 6, 2023 12. Mayor Alemán commended the Keep Mesquite Beautiful, Inc., Board of Directors for hosting a regional training session last Thursday, March 2, 2023, for Keep Texas Beautiful at the Mesquite Arts Center. 13. Mayor Alemán recognized City Manager Cliff Keheley who gave an update on last week ’s storms that passed through Mesquite. 14. Mayor Alemán recognized City Manager Cliff Keheley, whose birthday was this past weekend, and Special Project Director Mark Kerby and Director of Public Works Curt Cassidy, whose birthdays are this week, and everyone sang Happy Birthday to them. CITIZENS FORUM 1. Tasha D. Martinez, 1515 Lawson Road, expressed concerns regarding the Animal Control response map. 2. Holly Fisk, 4200 Woodbluff Drive, expressed concerns regarding a damaged curb at her residence. APPOINTMENTS FOR PERSONAL APPEARANCE 3 Receive presentation regarding the Fiscal Year 2021-2022 Annual Report from the Mesquite Quality of Life Corporation Board of Directors. Lexie Woodward, Manager of Economic Development, recited the Mission Statement for the Mesquite Quality of Life Corporation (MQOLC) - "The Mesquite Quality of Life Corporation identifies and funds public projects within the areas of Transportation, Public Safety, and Parks and Recreation that maintain and/or enhance the quality of life for Mesquite residents and businesses." Ms. Woodward recognized the current members of the MQOLC Board of Directors - President Nadine Ward, Vice President Tom Palmer, Treasurer Clifton Freeman, Secretary Lisa Theriot, Homero Lopez, Brandon Murden and Ron Ward. Ms. Woodward stated the FY 2022 total funds spent for Transportation was approximately $3.5 million for traffic signal upgrades as well as construction; for Public Safety approximately $82,000.00 for thermal imaging camera replacements as well as security at the Peachtree area; and for Parks and Recreation approximately $11 million with $5.4 for park operations and public safety equipment. In the 22-year history of the Mesquite Quality of Life Corporation, the fund has expended approximately $233 million for Transportation, Public Safety, and Parks and Recreation. CONSENT AGENDA Approval of the Consent Agenda Ms. Anderson requested that Item Nos. 7 and 8 be removed from the Consent Agenda to be considered separately. Mr. Green moved to approved the remaining items on the Consent Agenda, as follows. Motion was seconded by Ms. Vidler and approved unanimously. 4 Minutes of the regular City Council meeting held February 20, 2023. Approved on the Consent Agenda. 5 An ordinance amending the City Code by revising Chapter 11, adding new City of Mesquite, Texas Page 3 City Council Minutes - Final March 6, 2023 Article XI titled “Public Improvement Districts (PIDs)” for the purpose of establishing PID notice and disclosure requirements for developers and homebuilders to provide information to persons seeking to purchase real property and/or homes within PIDs, adopting a “Public Improvement District (PID) Notice and Disclosure Manual For Developers & Homebuilders” or may also be cited as “PID MANUAL” for the purpose of providing forms and additional details regarding the requirements adopted in the Code; and revising Chapter 13 - Signs, Article IV “Specifications; Standards; Use” regarding the permissibility of signs in the PID. Approved on the Consent Agenda. Ordinance No. 5008, AMENDING THE MESQUITE CITY CODE BY REVISING CHAPTER 11, ADDING NEW ARTICLE XI TITLED “PUBLIC IMPROVEMENT DISTRICTS (PIDS)” FOR THE PURPOSE OF ESTABLISHING PID NOTICE AND DISCLOSURE REQUIREMENTS FOR DEVELOPERS AND HOMEBUILDERS TO PROVIDE INFORMATION TO PERSONS SEEKING TO PURCHASE REAL PROPERTY AND/OR HOMES WITHIN PIDS; ADOPTING A “PUBLIC IMPROVEMENT DISTRICT (PID) NOTICE AND DISCLOSURE MANUAL FOR DEVELOPERS & HOMEBUILDERS” OR MAY ALSO BE CITED AS “PID MANUAL” FOR THE PURPOSE OF PROVIDING FORMS AND ADDITIONAL DETAILS REGARDING THE REQUIREMENTS ADOPTED IN THE CODE; REVISING CHAPTER 13 - SIGNS, ARTICLE IV “SPECIFICATIONS; STANDARDS; USE” REGARDING THE PERMISSIBILITY OF SIGNS IN THE PID; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $500.00; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5008 recorded in Ordinance Book No. 128.) 6 An ordinance, on first reading, granting to Farmers Electric Cooperative, Inc ., its successors and assigns, the nonexclusive right to use and occupy rights-of-way within the City of Mesquite for the construction and operation of an electric transmission and distribution system, prescribing conditions governing the use of the public rights-of-way, providing for compensation; therefore, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise and finding that the meeting at which this ordinance is passed is open to the public. Approved on the Consent Agenda. AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, GRANTING TO FARMERS ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, THE NON¬EXCLUSIVE RIGHT TO USE AND OCCUPY RIGHTS-OF-WAY WITHIN THE CITY OF MESQUITE FOR THE CONSTRUCTION AND OPERATION OF AN ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; PRESCRIBING CONDITIONS GOVERNING THE USE OF THE PUBLIC RIGHTS-OF-WAY; PROVIDING FOR COMPENSATION THEREFORE; PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC; AND PROVIDING FOR SEVERABILITY. 9 A resolution authorizing the City Manager to execute, on behalf of the City, a Memorandum of Understanding with the Mesquite Independent School District to outline the exchange of property related to the future expansion of Vanguard High School and the reconstruction of Faithon P. Lucas, Sr., Boulevard. City of Mesquite, Texas Page 4 City Council Minutes - Final March 6, 2023 Approved on the Consent Agenda. Resolution No. 07-2023, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY A MEMORANDUM OF UNDERSTANDING WITH THE MESQUITE INDEPENDENT SCHOOL DISTRICT TO OUTLINE THE EXCHANGE OF PROPERTY RELATED TO THE FUTURE EXPANSION OF VANGUARD HIGH SCHOOL AND THE RECONSTRUCTION OF FAITHON P. LUCAS, SR. BOULEVARD. (Resolution No. 07-2023 recorded in Resolution Book No. 65.) 10 A resolution authorizing the City Manager to finalize and execute a Second Amendment to the Master Development Agreement and Chapter 380 Agreement between Alcott Logistics Partners, L P, Alcott Logistics Station Tract D, LP, and the City of Mesquite, Texas, for the early release of a Performance Deed of Trust, and authorizing the City Manager to administer the Amendment for such purposes and to take all actions necessary or advisable to complete the transactions contemplated by the Amendment on behalf of the City. Approved on the Consent Agenda. Resolution No. 08-2023, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A SECOND AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT AND CHAPTER 380 AGREEMENT BETWEEN ALCOTT LOGISTICS PARTNERS, LP, ALCOTT LOGISTICS STATION TRACT D, LP, AND THE CITY OF MESQUITE, TEXAS, FOR THE EARLY RELEASE OF A PERFORMANCE DEED OF TRUST; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AMENDMENT FOR SUCH PURPOSES AND TO TAKE ALL ACTIONS NECESSARY OR ADVISABLE TO COMPLETE THE TRANSACTIONS CONTEMPLATED BY THE AMENDMENT ON BEHALF OF THE CITY. (Resolution No. 08-2023 recorded in Resolution Book No. 65.) 11 RFP No. 2022-148 - City of Mesquite Cooling Tower Replacement IFB Set. (Staff recommends award to Infinity Contractors International, Ltd ., and to authorize the City Manager to finalize and execute a contract in the amount of $628,190.00 for replacement of three, individual modular Tower Tech cooling towers at the Convention Center Central Utility Plant located at 1818 Rodeo Drive.) Approved on the Consent Agenda. 12 Bid No. 2023-049 - Annual Supply of Full Circle Clamps. (Staff recommends award to Core & Main LP, and to authorize the City Manager to finalize and execute a contract in an amount not to exceed $104,675.80. The term of the contract is for a one-year period, with four additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 13 Bid No. 2023-067 - Purchase of One Side-Loader Truck for the Parks and Recreation Department. (Staff recommends purchase from Rush Medium Duty Truck Centers of Texas, L.P., through the BuyBoard Contract No. 601-19, in an amount not to exceed $137,648.70.) City of Mesquite, Texas Page 5 City Council Minutes - Final March 6, 2023 Approved on the Consent Agenda. 14 Bid No. 2023-068 - Purchase of One Transfer Trailer for the Public Works Department. (Staff recommends purchase from Wilkins Industries Inc., through BuyBoard Contract No. 686-22, in an amount not to exceed $157,269.00.) Approved on the Consent Agenda. 15 Bid No. 2023-071 - Purchase of Three Ford Utility Pickups for the Public Works Department. (Staff recommends purchase from Sam Pack’s Five Star Ford, Ltd., through BuyBoard Contract No. 601-19, in an amount not to exceed $181,720.57.) Approved on the Consent Agenda. 16 Bid No. 2023-072 - Purchase of Four Ford Utility Pickups for Various Departments. (Staff recommends purchase from Rush Truck Centers of Texas, L.P., through BuyBoard Contract No. 601-19, in an amount not to exceed $287,401.00.) Approved on the Consent Agenda. 17 Authorize the City Manager to finalize and execute a Fiscal Year (FY) 2023 Agreement Amendment and Extension of the FY2022 Agreement with the Dallas Area Agency on Aging to receive funds that provide meals for senior citizens, in an amount not to exceed $64,390.00. Approved on the Consent Agenda. 18 Authorize the Mayor to execute an Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Manager Cliff Keheley. Approved on the Consent Agenda. 19 Authorize the Mayor to execute an Amendment to an Employment Agreement between the City of Mesquite, Texas, and Municipal Court Judge Detra Hill. Approved on the Consent Agenda. 20 Authorize the Mayor to execute an Amendment to An Employment Agreement between the City of Mesquite, Texas, and City Attorney David Paschall. Approved on the Consent Agenda. 21 Authorize the Mayor to execute an Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Secretary Sonja Land. Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 7 An ordinance determining the necessity of acquiring real property for construction, operation, and maintenance of public facilities on a portion of the City of Mesquite, Texas Page 6 City Council Minutes - Final March 6, 2023 property located at 8430 FM 2757, Forney, Texas, 75126, authorizing appropriation of the real property and/or the use of the power of eminent domain to acquire the real property for public use, and delegating authority to initiate condemnation proceedings to the City Manager. Ms. Anderson stated "I move that Agenda Item No. 7 be approved, which includes the City of Mesquite authorizing the use of the power of eminent domain to acquire approximately 96,259 square feet of permanent and temporary easement rights out of an approximately 53.37 acre tract of land located at 8430 FM 2757 in Kaufman County for the public use of construction and operation of public facilities including water and sewer mains." And to approve Ordinance No. 5009, DETERMINING THE NECESSITY OF ACQUIRING REAL PROPERTY FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC FACILITIES ON A PORTION OF THE PROPERTY LOCATED AT 8430 FM 2757, FORNEY, TEXAS 75126; AUTHORIZING APPROPRIATION OF THE REAL PROPERTY AND/OR THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE REAL PROPERTY FOR PUBLIC USE; AND DELEGATING AUTHORITY TO INITIATE CONDEMNATION PROCEEDINGS TO THE CITY MANAGER. Motion was seconded by Mr. Smith and approved unanimously. (Ordinance No. 5009 recorded in Ordinance Book No. 128.) 8 An ordinance determining the necessity of acquiring real property for construction, operation, and maintenance of public facilities on a portion of the property located at the northwest intersection of FM 2757 and CR 257, Forney, Texas, 75126, authorizing appropriation of the real property and /or the use of the power of eminent domain to acquire the real property for public use, and delegating authority to initiate condemnation proceedings to the City Manager. Ms. Anderson stated "I move that Agenda Item No. 8 be approved, which includes the City of Mesquite authorizing the use of the power of eminent domain to acquire approximately 63,215 square feet of permanent and temporary easement rights out of an approximately 156.06 acre tract of land located on the northwest corner of FM 2757 and CR 257 in Kaufman County and having a Property ID Number of 9621 for the public use of construction and operation of public facilities including water and sewer mains." And to approve Ordinance No. 5010, DETERMINING THE NECESSITY OF ACQUIRING REAL PROPERTY FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC FACILITIES ON A PORTION OF THE PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF FM 2757 AND CR 257, FORNEY, TEXAS 75126; AUTHORIZING APPROPRIATION OF THE REAL PROPERTY AND/OR THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE REAL PROPERTY FOR PUBLIC USE; AND DELEGATING AUTHORITY TO INITIATE CONDEMNATION PROCEEDINGS TO THE CITY MANAGER. Motion was seconded by Mr. Smith and approved unanimously. (Ordinance No. 5010 recorded in Ordinance Book No. 128.) END OF CONSENT AGENDA PUBLIC HEARINGS 22 Conduct a public hearing and consider a resolution approving a grant pursuant to the Downtown Mesquite Façade Improvement Program to promote local City of Mesquite, Texas Page 7 City Council Minutes - Final March 6, 2023 economic development and stimulate business and commercial activity in the City of Mesquite, authorizing the City Manager to finalize and execute a Downtown Mesquite Façade Improvement Program Grant Agreement (Chapter 380 Agreement) for such purposes with Marcia J.M. Watts, as Sole Trustee of the Watts Family Trust, for rehabilitation of property located at 200 West Davis Street, Mesquite, Texas, 75149, and authorizing the City Manager to administer the agreement on behalf of the City. A public hearing was held for a Downtown Mesquite Façade Improvement Program Grant Program Agreement (Chapter 380 Agreement) with Marcia J.M. Watts, as Sole Trustee of the Watts Family Trust, for rehabilitation of property located at 200 West Davis Street. Beverly Abell, Downtown Development Manager, stated that on May 20, 2019, the City Council approved the Downtown Mesquite Façade Improvement Program in order to encourage the improvement of properties within the downtown area. The Program provides for 50 percent reimbursement grants for approved exterior improvements up to a maximum reimbursement of $20,000.00. The applicant, Marcia J.M. Watts, as Sole Trustee of the Watts Family Trust, is the owner of 200 West Davis Street. The project includes cleaning and repair of stucco and painting of stucco, metal awning and exterior doors per design and recommendation of Texas Main Street lead architect. The total estimated cost of the project is $5,883.25, which allows for a grant reimbursement of $2,941.62. Ms. Abell stated that the application has been reviewed by the Mesquite Downtown Development Advisory Board and the Board voted unanimously to recommend the application for approval by Council. J. R. Black, 1739 Roundrock Trail, expressed concerns regarding funding of the project. No others appeared regarding a Downtown Mesquite Façade Improvement Program Grant Program Agreement (Chapter 380 Agreement) with Marcia J.M. Watts, as Sole Trustee of the Watts Family Trust, for rehabilitation of property located at 200 West Davis Street. Ms. Vidler moved to approve Resolution No. 09-2023, APPROVING A GRANT PURSUANT TO THE DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY OF MESQUITE; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A DOWNTOWN MESQUITE FAÇADE IMPROVEMENT PROGRAM GRANT AGREEMENT (CHAPTER 380 AGREEMENT) FOR SUCH PURPOSES WITH MARCIA J.M. WATTS, AS SOLE TRUSTEE OF THE WATTS FAMILY TRUST (PROPERTY OWNER), FOR REHABILITATION OF PROPERTY LOCATED AT 200 WEST DAVIS STREET, MESQUITE, TEXAS 75149; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 09-2023 recorded in Resolution Book No. 65.) 23 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1222-0280, submitted by Ana Cuevas-Niño and Gerardo Niño, for a change of zoning from General Retail to Commercial or Planned Development - General Retail for an auto body repair business, located at 1601 West Bruton Road. (Two responses in favor and none in opposition to the application have been City of Mesquite, Texas Page 8 City Council Minutes - Final March 6, 2023 received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held for Zoning Application No. Z1222-0280. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant applied to rezone the property from General Retail to Commercial zoning for the purpose of operating an auto body shop on property that was built to be a carwash. The City Council approved a new Conditional Use Permit (CUP) for a carwash at this location on September 19, 2022. The owner that obtained the CUP in 2022 sold the property to the applicant who intends to operate an auto body shop on the site. However, an auto body shop is not a permitted use in the current General Retail Zoning District. Therefore, the Planning and Zoning Commission recommended approval of a zoning change to Planned Development (PD) - General Retail and to add the requested use. Mr. Armstrong stated that auto body shops are not permitted in General Retail zoning as they are not a neighborhood type business. This type of business creates more noise and odor than General Retail zoning businesses. Mr. Armstrong stated that should the applicant sell this property, rezoning to Commercial would allow any uses permitted under the Commercial district. This action would increase the number of permitted uses on the property significantly. Commercial zoning allows for building contractors, heavy construction contractors, limited manufacturing and business service uses which are not allowed in General Retail. Mr. Armstrong stated that staff recommends denial of both Commercial zoning and PD allowing collision services and major auto repair. Applicants Ana Cuevas Niño and Gerardo Niño presented the application. Mr. Niño stated that he purchased the property to operate an auto body repair shop. Ms. Niño stated that the vacuum area will be renovated and enclosed to allow storage of vehicles. Therefore, no vehicles will be stored outside of the building. (1) J.R. Black, 1739 Roundrock Trail; (2) Adrian Coria, 317 S. Stillwell Boulevard, Dallas; and (3) Holly Fisk, 4200 Woodbluff Drive, expressed support for the proposed application. No others appeared regarding the proposed application. Mr. Boroughs moved to deny Zoning Application No. Z1222-0280. Motion was seconded by Ms. Vidler. On call for a vote on the motion, the following votes were cast: Ayes: Boroughs, Vidler, Alemán, Smith, Green and Anderson Nayes: Casper Motion carried. City of Mesquite, Texas Page 9 City Council Minutes - Final March 6, 2023 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:33 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Item No. 24 – Discuss economic development incentives for a development at East Glen Boulevard and Clay Mathis Road); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:40 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Smith and approved unanimously. The meeting adjourned at 8:40 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 10