City Council

City of Mesquite, Texas Minutes - Final City Council Monday, March 20, 2023 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Tandy Boroughs, B. W. Smith, Jeff Casper, Kenny Green, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the Gus Thomasson Corridor and the North Gus Thomasson Corridor zoning district. 2 Receive briefing from Toyia Pointer, Manager of Historic Preservation, regarding historic preservation activities and upcoming projects. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:21 P.M. 3 Receive Economic Development Department Council Update. Lexie Woodward, Manager of Economic Development, presented an update on the Business Retention and Expansion Program (BRE). She stated that the overall goal for the BRE is to be a one stop shop for business services. The Mesquite Business Retention and Expansion Task Force was founded in 2016. In 2022, BRE hosted an Entrepreneurs Day with approximately 44 attendees and a Manufacturing Day with more than 200 attendees. In January 2023, BRE hosted the first Gus Thomasson Corridor Business Meet & Greet at Taco City y Mas, with approximately seven businesses in attendance. Ms. Woodward stated that the 2022 BRE Business Award winners include: (1) Mesquite Independent School District Career & Technical Partner of the Year - J & R Manufacturing; (2) Workforce Solutions Employer of the Year - FedEx; (3) Tourism Partner of the Year - Kids Empire; (4) Downtowner of the Year - Mild Bill; (5) Chamber of Commerce Partner of the Year - Credit Union of Texas; (6) Dallas College Manufacturer of the Year - Strukmyer; and (7) City of Mesquite Business Legacy - Ashley Furniture. Ms. Woodward reviewed building permits and certificates of occupancy issued. Economic Development highlights include the opening of Loc'd Bar, 3600 Gus Thomasson Road; Wendy's, 1230 North Town East Boulevard; 7-11, 1900 West Scyene Road; and Performance Powersports aka Coleman, 4120 East Scyene Road. Downtown development highlights include a façade grant approved for 200 West Main Street; and the opening of the Farmers Market, at Front Street City of Mesquite, Texas Page 1 City Council Minutes - Final March 20, 2023 Station, a Food Truck Rodeo and the Mesquite Rodeo Parade through Downtown Mesquite on Saturday, April 1, 2023. Ms. Woodward reviewed the Convention and Visitor's Bureau (CVB) accomplishments including the Mesquite Convention Center hosting 192 events for a total of $1,981,350.00 in banquet and catering revenue and the Anime North Texas Convention to be held at the Mesquite Convention Center in September 2023, which will result in 340 hotel room nights. In 2023, the CVB launched "For Every Walk of Life" brand awareness campaign driving traffic to the new Mesquite Visitor's Guide. Kim Buttram, Director of Economic Development, stated that as a result of the recent Mesquite Economic Development Advisory Board's retreat, the Economic Development Strategic Plan recommendations were reviewed and prioritized. She stated that the Strategic Plan contains over 60 recommendations. The priorities were ranked as follows: Goal 1: Quality Jobs for the Future - Host bi-annual cluster working groups to identify specific industry needs and Build a target site-selection list and develop bi-annual community outreach; Goal 2: Born & Raised in Mesquite - Explore the creation of community-based support organizations for entrepreneurs and Host an annual workshop and training session with City staff to refine and evaluate the process to open a business; Goal 3: Upskilling for Tomorrow - Convene a working group of young professionals to shape the future of Mesquite's talent attraction and networking initiatives; Goal 4: A Unique North Texas Destination - Annually update Mesquite's investment portfolio/pitch for entertainment and hospitality brands; and Goal 5: Intentional, Authentic Storytelling - Create an annual report that celebrates Mesquite's economic development successes. The work session ended at 6:41 p.m. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:44 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Item No. 22 – Discuss purchase of property on Lawson Road); and Section 551.074 of the Texas Government Code to 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 City employees (Item No. 23 - Discuss appointment of Municipal Court Associate Judge); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 7:06 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:09 P.M. INVOCATION Keith Lough, Pastor, Vertical Life Church, Mesquite, Texas. City of Mesquite, Texas Page 2 City Council Minutes - Final March 20, 2023 PLEDGE OF ALLEGIANCE Members of the Historic Mesquite, Inc. Board of Directors and the Mesquite Elks Lodge Auxiliary. SPECIAL RECOGNITION 4 Recognize Real. Texas. Service. Champions. City Manager Cliff Keheley stated that this program is an opportunity to recognize employees for their service to the organization and the Mesquite community. A brief video was shown detailing each employee’s contributions to the City of Mesquite. Mayor Alemán, City Councilmembers and Mr. Cliff Keheley presented Certificates of Appreciation to the following employees in honor of their service to the City of Mesquite: Anthony Arredondo Chavez, Police Officer - Mesquite Police Department; Pam Dunworth, Payroll/HRIS Technician - Human Resources; Darren Porter, Airfield Maintenance Specialist - Mesquite Metro Airport; and Briana Urquhart, Housing Supervisor - Mesquite Housing Division. SPECIAL ANNOUNCEMENTS 1. Mr. Casper announced that Keep Mesquite Beautiful, Inc., will host a free community education series, Small Steps to Sustainability, on Thursday, March 30, 2023, at 6:30 p.m., at the Jazz Patisserie & Baking Company, 217 West Main Street. Learn ways to save money and reduce your footprint with tips on preventing food waste, reducing single-use plastics, eliminating household waste and more. 2. Mr. Green stated that the Dallas-Fort Worth Metroplex has had frequent weather changes this season. To stay informed and protect yourself and your family, citizens are encouraged to sign up for a new service offered by the City of Mesquite called Mesquite Alerts. This service informs you in real time about incidents in your specific neighborhood. 3. Ms. Vidler invited citizens to attend the Grand Opening of the Downtown Mesquite Farmers Market at Front Street Station, 100 West Front Street, from 9:00 a.m. to 1:00 p.m., on Saturday, April 1, 2023. On the same day, Mesquite will host the 65th Annual Rodeo Parade, beginning at 10:00 a.m. The parade entry fee is $40.00 and registration ends on Thursday, March 30, 2023. For a map of the parade route, online registration, and more information, visit www.cityofmesquite.com/RodeoParade. 4. Mr. Boroughs invited citizens to a District 4 Neighborhood Meeting on Thursday, March 30, 2023, in the Cafeteria at Tisinger Elementary School, 1701 Hillcrest Street. 5. Mr. Smith stated that this morning around 1:45 a.m., Mesquite Police Officers were dispatched to an apartment complex on U.S. Highway 80 after a caller saw several individuals attempting to break into vehicles in the parking lot. The Mesquite K-9 Unit assisted in locating two suspects. After 5 minutes, K-9 Officer Kazi located a third suspect. Officers located the vehicle that the suspects arrived in and found a fourth suspect hiding in the back seat. Officers located a firearm inside the vehicle that had been reported stolen from another city. The vehicle is believed to be stolen. The suspects are not Mesquite residents. This is another great example of the dedication and service that Mesquite Police Officers provide every night to safeguard the lives and property of our residents. Mr. Smith reminded citizens that the Police Department urges citizens to “Take.Lock.Hide.” These three easy steps can reduce the risk of vehicle break-ins or theft: Remember to take your keys, Lock your car doors and Hide your valuables. It takes 10 seconds to “Take. Lock. Hide.”, but it takes a criminal only 20 seconds to break into a vehicle. City of Mesquite, Texas Page 3 City Council Minutes - Final March 20, 2023 6. Ms. Anderson stated that after the Rodeo Parade, join the Mesquite Symphony Orchestra on Saturday, April 1, 2023, for a concert, “Mother Earth.” The event begins at 7:30 p.m., in the Mesquite Arts Center Concert Hall. Tickets can be purchased online at www.mesquitesymphony.org. 7. Mayor Alemán thanked the Mesquite Elks Lodge for recently hosting a dinner and awards ceremony honoring City Officials. Award recipients included Mike Gibson as Citizen of the Year, Robert Keith as Police Officer of the Year, and Lane Powell as Firefighter of the Year. The Elks Lodge also provides financial support to our community every year for programs such as homeless relief and meals to the Sharing Life warming center. 8. Mayor Alemán stated that today, he and Ms. Anderson attended a luncheon in Arlington where the Regional Transportation Council presented a donation for the construction of the National Medal Of Honor Museum to be located in Arlington. CITIZENS FORUM J. R. Black, 1739 Roundrock Trail, expressed support for banning the sale of puppies from puppy mills. CONSENT AGENDA Approval of the Consent Agenda Mr. Green moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Boroughs and approved unanimously. 5 Minutes of the regular City Council meeting held March 6, 2023. Approved on the Consent Agenda. 6 An ordinance, on second 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. 7 An ordinance amending Ordinance No. 4983 and the 2022-23 Civil Service Police and Fire Pay Plans to increase the starting pay for Police Officers and City of Mesquite, Texas Page 4 City Council Minutes - Final March 20, 2023 Firefighters with an effective date of April 1, 2023. Approved on the Consent Agenda. Ordinance No. 5011, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING ORDINANCE NO. 4983 AND THE 2022-23 CIVIL SERVICE POLICE AND FIRE PAY PLANS TO INCREASE THE STARTING PAY FOR POLICE OFFICERS AND FIREFIGHTERS WITH AN EFFECTIVE DATE OF APRIL 1, 2023; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. (Ordinance No. 5011 recorded in Ordinance Book No. 128.) 8 A resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the temporary closure of State Highway 352 on April 1, 2023, for the City of Mesquite Rodeo Parade, commemorating the 65th Anniversary of the Mesquite Championship Rodeo. Approved on the Consent Agenda. Resolution No. 10-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF STATE HIGHWAY 352 ON APRIL 1, 2023, FOR THE CITY OF MESQUITE RODEO PARADE, COMMEMORATING THE 65TH ANNIVERSARY OF THE MESQUITE CHAMPIONSHIP RODEO. (Resolution No. 10-2023 recorded in Resolution Book No. 65.) 9 A resolution approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for the City of Mesquite, Texas, Special Assessment Revenue Bonds, Series 2023 (Heartland Town Center Public Improvement District Phase #2 Specific Improvements Project), and resolving other matters incident and related thereto. Approved on the Consent Agenda. Resolution No. 11-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY LIMITED OFFERING MEMORANDUM FOR THE CITY OF MESQUITE, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2023 (HEARTLAND TOWN CENTER PUBLIC IMPROVEMENT DISTRICT PHASE #2 SPECIFIC IMPROVEMENTS PROJECT); AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. (Resolution No. 11-2023 recorded in Resolution Book No. 66.) 10 RFP No. 2023-038 - Annual Marketing Services for the Mesquite Convention and Visitors Bureau. (Staff recommends award to Camp Profiles LLC dba 829 Studios and to authorize the City Manager to finalize and execute a contract in the amount of $84,000.00. 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 the annual appropriation of sufficient funds). Approved on the Consent Agenda. 11 Bid No. 2023-040 - Construction Manager at Risk (CMaR) Services for the Construction of Mesquite Animal Shelter and Adoption Center Addition. City of Mesquite, Texas Page 5 City Council Minutes - Final March 20, 2023 (Staff recommends award to Falkenberg Construction Company, Inc., and to authorize the City Manager to finalize and execute a contract in an amount not to exceed $2,500.00 for CMaR services in connection with the design (Phase I) of the Mesquite Animal Shelter and Adoption Center Addition.) Approved on the Consent Agenda. 12 Bid No. 2023-052 - Lease Agreement for Golf Carts and Golf Maintenance Equipment. (Authorize the City Manager to finalize and execute a contract and any required documents with Textron, Inc., dba E-Z-GO, through BuyBoard Contract No. 611-20, in an amount not to exceed $544,355.04. The term of the contract is for a four-year period.) Approved on the Consent Agenda. 13 Bid No. 2023-069 - Annual Microsoft Enterprise Agreement and Office 365 Maintenance. (Authorize the City Manager to finalize and execute a contract and any required documents with SHI/Government Solutions, Inc. for the purchase of licenses to host, support and expand use of all Microsoft products utilized within the City ’s environment through Texas Department of Information Resources, Contract No . DIR-TSO-4092, in an amount not to exceed $268,838.22. The term of the contract is for a one-year period, with two additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds). Approved on the Consent Agenda. 14 Bid No. 2023-078 - Purchase Equipment to Update Irrigation System at Mesquite Golf Club. (Staff recommends award to Longhorn, Incorporated, through BuyBoard Contract No. 611-20, in an amount not to exceed $372,043.23.) Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute a ground lease renewal with Classic Flight, L.P., for a 10-year extension for Aircraft Hangar D4, located at 910 Airport Boulevard, Mesquite, Texas. Approved on the Consent Agenda. 16 Appointment of Mike Hunt (Position No. 8) and Tommy Moore (Position No. 9) as members of the Board of Directors of Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms), representing Kaufman County, for two-year terms to expire March 1, 2025. Approved on the Consent Agenda. 17 Appointment of Warren Nystrom as Municipal Court Associate Judge and authorize the City Manager to negotiate, finalize and execute an Employment Agreement with Mr. Nystrom. Approved on the Consent Agenda. City of Mesquite, Texas Page 6 City Council Minutes - Final March 20, 2023 END OF CONSENT AGENDA APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 18 Consider appointment of one member to the North Texas Municipal Water District Board of Directors for an unexpired term set to expire May 31, 2023, and appointment for a full term to expire May 31, 2025. Mr. Green moved to appoint Rick Mann as a member of the North Texas Municipal Water District Board of Directors for a term to expire May 31, 2025. Motion was seconded by Mr. Boroughs and approved unanimously. PUBLIC HEARINGS 19 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance adopting Standards of Care associated with the City ’s recreation programs titled “2023 Youth Programs Standards of Care” and repealing Ordinance No 4943. A public hearing was held regarding the Parks and Recreation Department Youth Programs Standards of Care. Elizabeth Harrell, Parks and Recreation Director, stated that the Parks and Recreation Department operates youth recreation programs at the recreation centers after regular school hours and when school is not in session. These programs provide a constructive recreational experience and reduce the number of school-aged children left without adult supervision. Last year, approximately 4,000 children participated. Ms. Harrell stated that the Youth Programs Standards of Care (SOC) is reviewed annually and adopted by ordinance, following a public hearing. This year, the SOC includes the following updates: (1) Updated staff/partipation ratio; (2) Information on new Recreation Aide position; (3) Clarification that the program is not licensed as a daycare; (4) Language to clarify parents will be asked to pick up children for behavior issues; and (5) Language that staff will receive additional training to recognize and report abuse. No one appeared regarding the Parks and Recreation Department Youth Program Standards of Care. Mr. Green moved to approve Ordinance No. 5012, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING STANDARDS OF CARE ASSOCIATED WITH THE CITY’S RECREATION PROGRAMS TITLED “2023 YOUTH PROGRAMS STANDARDS OF CARE”; REPEALING ORDINANCE NO. 4943; PROVIDING A GENERAL REPEALING CLAUSE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 5012 recorded in Ordinance Book No. 128.) 20 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate City of Mesquite, Texas Page 7 City Council Minutes - Final March 20, 2023 business and commercial activity in the City; authorizing the City Manager to finalize, execute, and administer an Economic Development Program Chapter 380 Agreement, a developer participation agreement establishing City participation in a waterline project, and a waiver of park land dedication requirements, for such purposes with S16 Texas Hold-Em Mesquite, LLC, an Idaho Limited Liability Company, for the construction and development of a self-storage facility, age-restricted single-family rental community and waterline located at 435 Clay Mathis Road and 2235 East Glen Boulevard in Mesquite, Texas. A public hearing was held to consider a resolution approving an Economic Development Program Chapter 380 Agreement with S16 Texas Hold-Em Mesquite, LLC. City Manager Cliff Keheley stated that on December 6, 2021, the City Council approved a Planned Development for Braintree Development for a senior housing development and multi-story storage facility at the corner of East Glen Boulevard and Clay Mathis Road. The development includes 168 detached family rental units and a 114,000-square-foot, three-story enclosed storage facility. The total projected value of the two projects is $50 million. Mr. Keheley stated that during the development process, it was determined that water, sewer and drainage infrastructure were not available to serve the property. Due to the proximity of the nearest facilities, the developer identified significant costs that were not considered part of normal responsibility for any developer. In order to bring these services to this property and allow for additional development in this area, the City is proposing a Chapter 380 Agreement to reimburse the developer the costs associated with drainage, water and sewer infrastructure. Developer Matt Cotter, representing Braintree Properties, stated that construction is anticipated to begin in the Summer of 2023. No one appeared regarding a resolution approving an Economic Development Program Chapter 380 Agreement with S16 Texas Hold-Em Mesquite, LLC. Ms. Anderson moved to approve Resolution No. 12-2023, as presented to the City Council at tonight's meeting, 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, EXECUTE, AND ADMINISTER AN ECONOMIC DEVELOPMENT PROGRAM CHAPTER 380 AGREEMENT, A DEVELOPER PARTICIPATION AGREEMENT ESTABLISHING CITY PARTICIPATION IN OFFSITE INFRASTRUCTURE IMPROVEMENTS, AND A WAIVER OF PARK LAND DEDICATION REQUIREMENTS, FOR SUCH PURPOSES WITH S16 TEXAS HOLD-EM MESQUITE, LLC, AN IDAHO LIMITED LIABILITY COMPANY, FOR THE CONSTRUCTION AND DEVELOPMENT OF A SELF-STORAGE FACILITY, AGE-RESTRICTED SINGLE FAMILY RENTAL COMMUNITY, AND OFFSITE INFRASTRUCTURE IMPROVEMENTS LOCATED AT 435 CLAY MATHIS ROAD AND 2235 EAST GLEN BOULEVARD IN MESQUITE, TEXAS. Motion was seconded by Mr. Casper and approved unanimously. (Resolution No. 12-2023 recorded in Resolution Book No. 67.) 21 Conduct a public hearing and consider an ordinance for Zoning Application No . City of Mesquite, Texas Page 8 City Council Minutes - Final March 20, 2023 Z0123-0283, submitted by James McCoy of McCoy Law Firm, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow an alternative financial establishment with modifications to permit it to (1) be located within 200 feet of any lot zoned or used for residential purposes, (2) be co-located within the same structure as other uses, and (3) be located within 1,000 feet of any lot containing another alternative financial establishment, located at 3301 Gus Thomasson Road. (No responses in favor and one in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held for Zoning Application No. Z0123-0283. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to open an alternative financial establishment comprised of check cashing and money transfers in a small store located within an existing La Michoachana store. The same alternative financial establishment can be found in other La Michoachana stores in the North Texas area. The proposed business would not provide any type of loans. If the check cashing and money transfer activities were conducted by La Michoacana, they would be permitted by right as an accessory use to a grocery store. However, the proposed use is a separate business, requiring its own Certificate of Occupancy. Thus, requiring a Conditional Use Permit and the requested modifications. Mr. Armstrong stated that the Planning and Zoning Commission recommended approval of a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow an alternative financial establishment with modifications to permit it to: (1) Be located within 200 feet of any lot zoned or used for residential purposes; (2) Be co-located within the same structure as other uses; and (3) Be located within 1,000 feet of any lot containing another alternative financial establishment. Applicant James McCoy stated that one person will be occupying the office within La Michoachana. No loans will be processed at this location. J. R. Black, 1739 Roundrock Trail, expressed opposition to the proposed application. No others appeared regarding the proposed application. Ms. Vidler moved to approve Zoning Application No. Z0123-0283, as recommended by the Planning and Zoning Commission, with the following stipulations, adding Stipulation No. 2.04, as follows: 2.01. The Mesquite Zoning Ordinance (MZO) is amended by approving a change of zoning for the Property from General Retail to General Retail with a Conditional Use Permit (CUP) to allow an alternative financial establishment with modifications to requirements that permit it to: (1) Be located within 200 feet of any lot zoned or used for residential purposes; and (2) Be co-located within the same structure as other uses; and (3) Be located within 1,000 feet of another lot which contains an alternative financial establishment. 2.02. The alternative financial establishment shall be limited to check cashing, City of Mesquite, Texas Page 9 City Council Minutes - Final March 20, 2023 money transfers and any other lawful general retail activities and shall not include payday advance or other financial loan services included in the MZO definition of "alternative financial establishment." 2.03. The alternative financial establishment must be associated with and incidental to a grocery store. 2.04. The CUP is approved solely for Barri Financial Group and the CUP shall not be transferable or assignable to a different owner or business. A different business applicant desiring to continue this use must submit a new application requesting to continue the CUP and any such application shall require the procedures outlined in the MZO for initial approval of a CUP. And to approve Ordinance No. 5013, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM GENERAL RETAIL TO GENERAL RETAIL WITH A CONDITIONAL USE PERMIT TO ALLOW AN ALTERNATIVE FINANCIAL ESTABLISHMENT WITH MODIFICATIONS ON PROPERTY LOCATED AT 3301 GUS THOMASSON ROAD SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 5013 recorded in Ordinance Book 128.) ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Ms. Vidler and approved unanimously. The meeting adjourned at 8:18 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 10