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City Council

Regular Meeting

Mesquite, TX · June 20, 2023

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Minutes

City of Mesquite, Texas Minutes - Final City Council Tuesday, June 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, Kenny Green, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing from STAR Transit regarding public transportation ridership numbers and service modification options. 2 Receive departmental strategy and budget presentations from Information Technology, Human Resources and Library Departments related to City Council strategic goals and objectives. EXECUTIVE SESSION - TRAINING ROOMS A & B - 7:05 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. 26 – Discuss economic development incentives for a company considering the redevelopment of a commercial building at Peachtree Road and IH -635); whereupon, the City Council proceeded to meet in Training Rooms A & B. After the closed meeting ended at 7:08 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:15 P.M. INVOCATION Heriberto Padilla, Pastor, Vida Life Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. City of Mesquite, Texas Page 1 City Council Minutes - Final June 20, 2023 SPECIAL ANNOUNCEMENTS 1. Mr. Casper announced that applications for the 19th Annual Addressing Mesquite Day, to be held Saturday, October 7, 2023, are currently being accepted through Friday, June 23, 2023. Volunteers will assist with minor exterior home repairs and landscape projects for qualified senior citizens and disabled homeowners. Volunteer groups can submit applications through Sunday, July 23, 2023. For more information, visit www.cityofmesquite.com/AMD. 2. Mr. Green invited citizens to join the Mesquite Community Band on Monday, June 26, 2023, from 7:00 p.m. to 8:00 p.m., on the Mesquite Arts Center lawn, 1527 North Galloway Avenue, for the free summer concert series “Music in the Park.” The concert “Celebrate America” will feature festive, patriotic songs in celebration of the upcoming Independence Day holiday. 3. Ms. Vidler stated that the City recently launched a monthly road report, “Word on the Street.” The June edition includes information regarding construction of Skyline Drive from Town East Boulevard to Peachtree Road. Visit www.cityofmesquite.com/WordOnTheStreet for the recent edition or sign up at www.cityofmesquite.com/NotifyMe to have the edition delivered to you through email or text. 4. Ms. Vidler expressed appreciation to the Mesquite Firefighters who recently rendered aid to her mother. 5. Mr. Boroughs stated that June is Men’s Health Month. Men often neglect regular check-ups and screenings, which can be very dangerous to their health. In fact, men are 50 percent less likely than women to seek preventative care. He encouraged everyone to schedule an appointment for their annual check-up. 6. Mr. Boroughs invited citizens to a District 4 Neighborhood Meeting and Picnic on Saturday, June 24, 2023, from 11:00 a.m. to 1:00 p.m., at Evans Recreation Center, 1116 Hillcrest Street. The meeting will be held in the Senior Room. 7. Mr. Smith announced that the Mesquite Police Academy graduated seven recruits last Friday, June 16, 2023. This is the 20th graduation class to complete the City’s internal training program. The Mesquite Police Department has graduated 133 recruits since the training academy began in 2023. According to the Texas Commission on Law Enforcement website, there are 2,743 agencies and only 115 with their own academies. The seven new Police Officers completed 25 weeks of training in the academy. They will now begin a 17-week field training program before being assigned to patrol duties. 8. Ms. Anderson announced that officials from the City of Mesquite and Urban Logistics Realty celebrated the opening of Alcott Station Park last week. The unique five -acre park is situated on the east side of Mesquite in the Alcott Station Business Park that encompasses 1.5 million square feet of industrial space. The park includes a playground, fitness area and dog park. Two companies have already committed to locating in Alcott Station and these companies will bring approximately 600 jobs to Mesquite. 9. Ms. Anderson invited citizens to have “Tacos with a Cop” on Thursday, June 22, 2023, from 6:00 p.m. to 8:00 p.m., at Dia de los Tacos, 1927 Faithon P. Lucas, Sr., Boulevard. 10. Mayor Alemán stated that Independence Day is a special day for Americans to get together with family and friends to celebrate. He reminded citizens that it is illegal to possess /use illegal fireworks or discharge a firearm in the City limits. He reminded citizens that there are dangers and penalties for driving while intoxicated. If citizens see or hear any illegal activity, contact the City and provide the address of the incident, which will help the Police and Fire Departments with response efforts. For gunfire reports, call 911. For fireworks reports, call 972-204-4888 or email fireworks@mesquitepolice.org. If you observe a vehicle being driven in a dangerous manner and may be driving while intoxicated, call 911. City of Mesquite, Texas Page 2 City Council Minutes - Final June 20, 2023 11. Mayor Alemán reminded citizens to consider donating a jar of peanut butter and /or jelly to the “Spread the Love” campaign to feed children in need this summer. 12. Mayor Alemán stated that he believes a quality community depends on the dedication of its citizens and the quality of City management depends on the dedication and training of its officials. It is for these reasons that I am very proud to announce that one of our City officials recently completed an important program that helps train new and emerging leaders in municipal government. Over the past eight months, Assistant City Manager Chris Sanchez attended multiple sessions to learn more about the various aspects and critical issues facing City government officials today. Mr. Sanchez’ desire to participate in and complete this program shows his dedication to his job, his responsibilities and most importantly the Mesquite community. Mayor Alemán presented Chris Sanchez with a certificate of completion from the North Central Texas Council of Governments. CITIZENS FORUM 1. Kenneth Beck, 1724 Windmire Drive, expressed concerns regarding the City's parking ordinance and requested stop signs in his neighborhood. 2. Phil Roemisch, 309 Adrian Court, expressed concerns regarding fees charged through the Mesquite Pay portal. 3. Greg Munson, 2202 Norma Drive, expressed concerns regarding the maintenance of the drainage ditch near Jane Street. CONSENT AGENDA Approval of the Consent Agenda Ms. Anderson requested Item No. 10 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. Smith and approved unanimously. 3 Minutes of the regular City Council meeting held June 5, 2023. Approved on the Consent Agenda. 4 An ordinance amending Chapters 4, 13 and 14 of the City of Mesquite General Government Policies and Procedures Manual. Approved on the Consent Agenda. Ordinance No. 5028, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTERS 4, 13, AND 14 OF THE CITY OF MESQUITE GENERAL GOVERNMENT POLICIES AND PROCEDURES MANUAL; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. (Ordinance No. 5028 recorded in Ordinance Book No. 128.) 5 A resolution accepting the preliminary Service and Assessment Plan for authorized improvements within Improvement Areas A-1, C-1, C-2 and C-3 of the Solterra Public Improvement District, setting a date for public hearing on the proposed levy of assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto. Approved on the Consent Agenda. City of Mesquite, Texas Page 3 City Council Minutes - Final June 20, 2023 Resolution No. 24-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ACCEPTING THE PRELIMINARY SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED IMPROVEMENTS WITHIN IMPROVEMENT AREAS A-1; C-1, C-2 AND C-3 OF THE SOLTERRA PUBLIC IMPROVEMENT DISTRICT; SETTING A DATE FOR PUBLIC HEARING ON THE PROPOSED LEVY OF ASSESSMENTS; AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE; AND ENACTING OTHER PROVISIONS RELATING THERETO. (Resolution No. 24-2023 recorded in Resolution Book 67.) 6 A resolution approving the form and authorizing the distribution of a Preliminary Limited Offering Memorandum for Special Assessment Revenue Bonds issued for the Solterra Public Improvement District and resolving other matters incident and related thereto. Approved on the Consent Agenda. Resolution No. 25-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF PRELIMINARY LIMITED OFFERING MEMORANDUMS FOR SPECIAL ASSESSMENT REVENUE BONDS ISSUED FOR THE SOLTERRA PUBLIC IMPROVEMENT DISTRICT AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. (Resolution No. 25-2023 recorded in Resolution Book 67.) 7 A resolution authorizing the City Manager to expend the City ’s allocation of American Rescue Plan Act funding in a manner consistent with eligible uses as defined by the United States Department of Treasury and direction of the City Council and that continue to promote the recovery from the COVID -19 pandemic. Approved on the Consent Agenda. Resolution No. 26-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS AUTHORIZING THE CITY MANAGER TO EXPEND THE CITY’S ALLOCATION OF AMERICAN RESCUE PLAN ACT FUNDING IN A MANNER CONSISTENT WITH ELIGIBLE USES AS DEFINED BY THE UNITED STATES DEPARTMENT OF TREASURY AND DIRECTION OF THE CITY COUNCIL AND THAT CONTINUE TO PROMOTE THE RECOVERY FROM THE COVID-19 PANDEMIC. (Resolution No. 26-2023 recorded in Resolution Book 68.) 8 RFQ No. 2022-091 - Multi-Year Right-of-Way and Easement Acquisition Services. (Authorize the City Manager to finalize and execute a Work Order Contract with 7 Arrows Land Staff, LLC, for Right-Of-Way and Easement Acquisitions Services, in an amount not to exceed $250,000.00 and to authorize the City Manager to finalize and execute a Work Order Contract with Halff Associates, Inc. for Right-of-Way and Easement Services, in an amount not to exceed $250,000.00. The term of each contract is for a five-year period.) Approved on the Consent Agenda. 9 Bid No. 2023-018 - Flamingo Way and Bahamas Drive Sewer and Paving Improvements. (Staff recommends award to low bidder Estrada Concrete Company, LLC and to authorize the City Manager to finalize and execute a contract in the amount of City of Mesquite, Texas Page 4 City Council Minutes - Final June 20, 2023 $1,560,764.00.) Approved on the Consent Agenda. 11 RFQ No. 2023-033 - Architectural Services for Travis Williams Concessions: Design. (Authorize the City Manager to finalize and execute a contract with WRA Architects, Inc., in an amount not to exceed $125,000.00.) Approved on the Consent Agenda. 12 Bid No. 2023-057 - Utility Relocation for IH-635 at US Highway 80 Interchange. (Staff recommends award to low bidder BRCT, LLC dba Black Rock Construction and to authorize the City Manager to finalize and execute a contract in the amount of $3,728,992.00.) Approved on the Consent Agenda. 13 Bid No. 2023-099 - Purchase of Nine Dodge Chargers for Police Department. (Authorize the City Manager to finalize and execute a contract and any required documents with Grapevine Dodge Chrysler Jeep, in Grapevine, Texas, through BuyBoard Contract No. 601-19, in an amount not to exceed $333,715.00.) Approved on the Consent Agenda. 14 Bid No. 2023-101 - Annual Supply of Personal Computers. (Authorize the City Manager to finalize and execute a contract and any required documents with Dell Marketing L.P., through the Texas Department of Information Resources Contract No. DIR-TSO-3763, in an amount not to exceed $463,350.00.) Approved on the Consent Agenda. 15 Authorize the City Manager to execute Change Order No. 1 to RFP No. 2022-148, City of Mesquite Cooling Tower Replacement IFB Set, with Infinity Contractors International, Ltd., for a temporary cooling tower in the amount of $99,975.00. Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute Amendment No. 4 to the 2017 Sanitary Sewer Replacement Project, Phase 2, with Binkley & Barfield, Inc., for additional design and preparation of construction documents in an amount not to exceed $36,500.00. Approved on the Consent Agenda. 17 Authorize the City Manager to finalize and execute a Professional Services Agreement with Westwood Professional Services, Inc. for the Edgemont Park Drainage Improvements Project, in an amount not to exceed $269,874.00. Approved on the Consent Agenda. 18 Authorize the City Manager to finalize and execute a Professional Services Agreement with Halff Associates, Inc., for the Stormwater Master Plan Project, City of Mesquite, Texas Page 5 City Council Minutes - Final June 20, 2023 in an amount not to exceed $650,000.00. Approved on the Consent Agenda. 19 Ratify a Memorandum of Understanding regarding Lucas Farms Joint Venture sale of property to the City of Mesquite for widening of Faithon P. Lucas, Sr ., Boulevard for an expenditure in the amount of $202,235.00 to acquire property from Lucas Farms Joint Venture for the Faithon P. Lucas, Sr., Boulevard Paving and Drainage Reconstruction Project and authorize the City Manager to take all actions necessary to complete this transaction. Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 10 Bid No. 2023-029 - Faithon P. Lucas, Sr., Boulevard Paving and Drainage Reconstruction Project (McKenzie Road to East Cartwright Road). (Staff recommends award to low bidder Zachry Construction Corporation and to authorize the City Manager to finalize and execute a contract in the amount of $25,528,996.60.) Ms. Anderson expressed support for the project and stated that construction is scheduled to begin in August 2023. Ms. Anderson moved to approve Bid No. 2023-029, Faithon P. Lucas, Sr., Boulevard Paving and Drainage Reconstruction Project (McKenzie Road to East Cartwright Road) and authorize the City Manager to finalize and execute a contract with low bidder Zachry Construction in the amount of $25,528.996.60. Motion was seconded by Mr. Green and approved unanimously. END OF CONSENT AGENDA OTHER BUSINESS 20 Consider an application to allow fee in lieu of parkland dedication for the Kanyon Springs Subdivision, located at the northeast corner of Interstate Highway 635 and New Market Road. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is developing an 85-lot residential subdivision and has requested to pay the $104,663.00 fee in lieu of dedicating 0.98-acres of land for park purposes. With Paschall Park and the Travis Williams Softball Complex both in close proximity, dedication of land for a park is unnecessary. Mr. Boroughs moved to approve an application to allow fee in lieu of parkland dedication for the Kanyon Springs Subdivision, located at the northeast corner of Interstate Highway 635 and New Market Road. Motion was seconded by Ms. Vidler and approved unanimously. City of Mesquite, Texas Page 6 City Council Minutes - Final June 20, 2023 PUBLIC HEARINGS 21 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0123-0288, submitted by CA Mesquite, for a change of zoning from Commercial to Planned Development - Commercial to allow a shopping center with modifications to sign regulations, located at 200 East U.S. Highway 80. (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. Z0123-0288. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes construction of a 9,334-square-foot multi-tenant shopping center on a 1.064-acre out-parcel of the Walmart Supercenter, fronting on Range Drive. The shopping center is permitted by-right in the existing zoning; however, the applicant is proposing to construct a pole sign along the U.S. Highway 80 frontage road. The pole sign would not be located on the same parcel as the new shopping center, which can only be permitted through a planned development that includes the entire Walmart property. The proposed sign would be 43 feet in height, which is 8 feet taller than allowed by the Sign Ordinance. Mr. Armstrong stated that the applicant is proposing up to four tenant spaces and a decorative masonry base for the pole sign. They are also proposing removal and relocation of trees to other areas of the site to enhance visibility of the shopping center. Don Sopranzi, representing the owner of the property, stated that his client is concerned that the tree cover on the property will obscure the signage on the building façade, which will face the Walmart parking lot, and requested removal of the trees behind the restaurants and in front of the proposed development. He stated that the trees would be relocated on the site per the City’s requirements. He added that the tree relocation is something that his client feels very strongly about; however, he does not believe that the development will be jeopardized if the trees remain or a portion of the trees remain. No one appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z0123-0288, as recommended by the Planning and Zoning Commission, with the following stipulations, and allowing the removal and replacement of three trees nearest the property line of the proposed development with no reduction in total caliper inches per the Concept Plan and modifying Stipulation No. 2, as follows: 1. The Planned Development Standards, the Concept Plan and the Pole Sign depiction and description, attached to the Ordinance as Exhibits B, C and D, respectively, are incorporated herein by reference. 2. The maximum height of the Pole Sign shall not exceed 43 feet in height measured from the ground level. 3. The addition of a masonry base to the Pole Sign is required, to be approved City of Mesquite, Texas Page 7 City Council Minutes - Final June 20, 2023 by the Director of Planning and Development Services or his designee. And to approve Ordinance No. 5029, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL TO PLANNED DEVELOPMENT - COMMERCIAL ON PROPERTY LOCATED AT 200 EAST U.S. HIGHWAY 80 TO MODIFY THE SIGN REQUIREMENTS AND DEVELOPMENT STANDARDS FOR A NEW RETAIL BUILDING LOCATED ON A PROPOSED OUTPARCEL ALONG RANGE DRIVE 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 PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Green, Casper, Alemán, Boroughs, Anderson Nayes: Smith, Vidler Motion carried. (Ordinance No. 5029 recorded in Ordinance Book No. 128.) 22 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 for such purposes with Pluckers - Mesquite, LLC., for the construction of a new restaurant facility to be located at 1340 North Peachtree Road, Mesquite, Texas, and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement, and administer the agreement on behalf of the City. A public hearing was held to consider a resolution for an Economic Development Program Chapter 380 Agreement with Pluckers – Mesquite, LLC. Kim Buttram, Director of Economic Development, stated that Pluckers Wing Bar, originally formed in Austin, Texas, in 1995, has locations across Texas and in Louisiana including Houston, San Antonio, San Marcos, Killeen, and Baton Rouge. Currently, Pluckers operates a location in Dallas, Texas. Ms. Buttram stated that given the growth of the east Dallas - Fort Worth region and the high demand by Mesquite area residents on their Dallas location, Pluckers has identified Mesquite as a strong market for its next expansion. Pluckers selected 1340 North Peachtree Road as a potential site based on accessibility and visibility within the region identified for expansion; however, the site includes a vacated Joe’s Crab Shack which is deteriorated. The structure is in need of complete demolition to prepare for a new restaurant concept. Ms. Buttram stated that should the City of Mesquite participate in the project by providing a one-percent Sales Tax Rebate for 10 years, not to exceed a $700,000.00 total incentive, Pluckers is able to monetize the site preparation requirements to build a brand new, approximately 7,000-square-foot restaurant with a minimum $3.5 million capital investment, including outdoor patio, new landscaping, and new signage. City of Mesquite, Texas Page 8 City Council Minutes - Final June 20, 2023 Jason Jones, Area Manager for Pluckers Wing Bar, stated that Pluckers was founded in Austin in 1995 by former University of Texas students, Mark Greenberg and David Paul. The original restaurant consisted of eight tables and in 2002, a second location was opened on Greenville Avenue in Dallas, Texas. Pluckers now operates multiple locations in Texas and Louisiana. No one appeared regarding a resolution for an Economic Development Program Chapter 380 Agreement with Pluckers – Mesquite, LLC. Ms. Vidler moved to approve Resolution No. 27-2023, 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 FOR SUCH PURPOSES WITH PLUCKERS – MESQUITE, LLC, FOR THE CONSTRUCTION OF A NEW RESTAURANT FACILITY TO BE LOCATED AT 1340 NORTH PEACHTREE ROAD, MESQUITE, TEXAS; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT, AND ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Casper and approved unanimously. (Resolution No. 27-2023 recorded in Resolution Book No. 68.) 23 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 for such purposes with Canadian Solar US Module Manufacturing Corporation and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and administer the agreement on behalf of the City. A public hearing was held to consider a resolution for an Economic Development Program Chapter 380 Agreement with Canadian Solar US Module Manufacturing Corporation. Kim Buttram, Director of Economic Development, stated that Canadian Solar US Module Manufacturing Company (Canadian Solar) proposes to lease and occupy the facility at 3000 Skyline Drive, Mesquite, Texas, which is owned by Capstar Real Estate Advisors. The approximately 753,000-square-foot building was previously occupied by Western Electric, AT&T and Tyco Electronics and has remained vacant after a substantial remodel and technology upgrade in 2006. Ms. Buttram stated that Canadian Solar is an industry-leading provider of solar panels for residential and commercial uses based in Canada. The 3000 Skyline Drive facility would be its first location in the United States, for manufacturing, assembly, and distribution of solar panels, creating approximately 1,400 full-time equivalent jobs. Ms. Buttram stated that the pending Chapter 380 Agreement requires the company to reach full employment of 1,400 full-time equivalent jobs by January 1, 2025, paying an average annual wage of $50,120.00. Improvements to the City of Mesquite, Texas Page 9 City Council Minutes - Final June 20, 2023 existing facility require a minimum of $110 million capital investment to the Real Property with the addition of $80 million in Business Personal Property (BPP) by March 1, 2024, as well as commit to leasing the Mesquite facility through December 31, 2033. Ms. Buttram stated that the Agreement provides the Company a 25 percent Real Property tax rebate and 75 percent BPP tax rebate for 10 years, which extends to an optional facility expansion if the expansion meets or exceeds 500,000 additional square feet and a minimum additional capital investment of $90 million, completed by December 31, 2024. Rusty Schmit, CEO of Special Projects for Canadian Solar, presented an overview of Canadian Solar which is headquartered near Toronto, Canada. He stated that this project will be the first manufacturing facility in the United States which will produce 20,000 solar panels per day, operating 24 hours a day, seven days a week. Future plans include an expansion facility adjacent to the current facility. Phillip Zheng, Vice President and General Manager, North America for Canadian Solar, expressed appreciation to the City for this opportunity. Josh Bays, Senior Partner with Site Selection Group, stated that Site Selection Group helps companies find locations and expressed appreciation to the City Council, City Manager Cliff Keheley and the Economic Development Department for their support of this project. Vivian Johnson, 4538 Live Oak Drive, expressed support for the proposed resolution. No others appeared regarding the proposed resolution. Ms. Vidler moved to approve Resolution No. 28-2023, 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 FOR SUCH PURPOSES WITH CANADIAN SOLAR US MODULE MANUFACTURING CORPORATION; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT, AND ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 28-2023 recorded in Resolution Book No. 68.) City of Mesquite, Texas Page 10 City Council Minutes - Final June 20, 2023 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:48 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. 27 – Discuss economic development incentives for the redevelopment of a shopping center at Motley Drive and Town East Boulevard; Item No. 28 - Discuss economic development incentives for the redevelopment of a commercial building at Crestridge Drive and North Galloway Avenue; and Item No. 29 - Discuss economic development incentives for a company considering locating a manufacturing facility on East Scyene Road near East Glen Boulevard); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 9:01 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:01 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. 24 - Discuss purchase of property at Berry Road and Lawson Road; and Item No. 25 - Discuss property acquisition along McKenzie Road); whereupon the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:10 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Boroughs moved to adjourn the meeting. Motion was seconded by Mr. Green and approved unanimously. The meeting adjourned at 9:10 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 11

Agenda

City of Mesquite, Texas Meeting Agenda City Council Tuesday, June 20, 2023 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Members of the public desiring to speak during Citizens Forum may complete a registration card, which is available at the entrance to the City Council Chamber, and present it to the City Secretary prior to the meeting or pre-register by sending an email, including name, address and subject to be discussed, to the City Secretary at sland@cityofmesquite.com by 3:00 p.m., on June 20, 2023. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 23-6595 Receive briefing from STAR Transit regarding public transportation ridership numbers and service modification options. 2 23-6605 Receive departmental strategy and budget presentations from Information Technology, Human Resources and Library Departments related to City Council strategic goals and objectives. Attachments: Resolution 18-2023 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 - 5:00 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 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Heriberto Padilla, Pastor, Vida Life Church, Mesquite, Texas. City of Mesquite, Texas Page 1 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 PLEDGE OF ALLEGIANCE City Staff. 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 upon request by a City Councilmember.) 3 23-6614 Minutes of the regular City Council meeting held June 5, 2023. Attachments: June 5, 2023, minutes 4 23-6648 An ordinance amending Chapters 4, 13 and 14 of the City of Mesquite General Government Policies and Procedures Manual. Attachments: Ordinance 5 23-6411 A resolution accepting the preliminary Service and Assessment Plan for authorized improvements within Improvement Areas A-1, C-1, C-2 and C-3 of the Solterra Public Improvement District, setting a date for public hearing on the proposed levy of assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto. Attachments: Solterra Concept Plan Resolution 6 23-6637 A resolution approving the form and authorizing the distribution of a City of Mesquite, Texas Page 2 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 Preliminary Limited Offering Memorandum for Special Assessment Revenue Bonds issued for the Solterra Public Improvement District and resolving other matters incident and related thereto. Attachments: Resolution 7 23-6630 A resolution authorizing the City Manager to expend the City’s allocation of American Rescue Plan Act funding in a manner consistent with eligible uses as defined by the United States Department of Treasury and direction of the City Council and that continue to promote the recovery from the COVID-19 pandemic. Attachments: Resolution 8 23-6590 RFQ No. 2022-091 - Multi-Year Right-of-Way and Easement Acquisition Services. (Authorize the City Manager to finalize and execute a Work Order Contract with 7 Arrows Land Staff, LLC, for Right-Of-Way and Easement Acquisitions Services, in an amount not to exceed $250,000.00 and to authorize the City Manager to finalize and execute a Work Order Contract with Halff Associates, Inc. for Right-of-Way and Easement Services, in an amount not to exceed $250,000.00. The term of each contract is for a five-year period.) Attachments: Selection Evaluation Matrix 9 23-6576 Bid No. 2023-018 - Flamingo Way and Bahamas Drive Sewer and Paving Improvements. (Staff recommends award to low bidder Estrada Concrete Company, LLC and to authorize the City Manager to finalize and execute a contract in the amount of $1,560,764.00.) Attachments: Recommendation Letter Bid Tabulation Location Map 10 23-6622 Bid No. 2023-029 - Faithon P. Lucas, Sr., Boulevard Paving and Drainage Reconstruction Project (McKenzie Road to East Cartwright Road). (Staff recommends award to low bidder Zachry Construction Corporation and to authorize the City Manager to finalize and execute a contract in the amount of $25,528,996.60.) Attachments: Recommendation Letter Bid Tabulation Location Map 11 23-6503 RFQ No. 2023-033 - Architectural Services for Travis Williams Concessions: Design. (Authorize the City Manager to finalize and execute a contract with WRA Architects, Inc., in an amount not to exceed $125,000.00.) City of Mesquite, Texas Page 3 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 Attachments: Site Plan Exhibit Selection Evaluation Matrix 12 23-6621 Bid No. 2023-057 - Utility Relocation for IH-635 at US Highway 80 Interchange. (Staff recommends award to low bidder BRCT, LLC dba Black Rock Construction and to authorize the City Manager to finalize and execute a contract in the amount of $3,728,992.00.) Attachments: Recommendation Letter Bid Tabulation Location Map 13 23-6636 Bid No. 2023-099 - Purchase of Nine Dodge Chargers for Police Department. (Authorize the City Manager to finalize and execute a contract and any required documents with Grapevine Dodge Chrysler Jeep, in Grapevine, Texas, through BuyBoard Contract No. 601-19, in an amount not to exceed $333,715.00.) Attachments: Quote Photo 14 23-6603 Bid No. 2023-101 - Annual Supply of Personal Computers. (Authorize the City Manager to finalize and execute a contract and any required documents with Dell Marketing L.P., through the Texas Department of Information Resources Contract No. DIR-TSO-3763, in an amount not to exceed $463,350.00.) Attachments: Standard Desktop Standard Laptop Standard Tablet Standard Semi-Rugged Laptop Non-Standard Laptop 1 Non-Standard Laptop 2 Non-Standard Laptop 3 Non-Standard Laptop 4 Non-Standard Semi-Rugged Laptop 1 Non-Standard Semi-Rugged Laptop 2 Non-Standard Semi-Rugged Laptop 3 Non-Standard Tablet Rugged 1 Non-Standard Tablet Rugged 2 15 23-6632 Authorize the City Manager to execute Change Order No. 1 to RFP No. 2022-148, City of Mesquite Cooling Tower Replacement IFB Set, with Infinity Contractors International, Ltd., for a temporary cooling tower in City of Mesquite, Texas Page 4 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 the amount of $99,975.00. Attachments: Quote 16 23-6536 Authorize the City Manager to finalize and execute Amendment No. 4 to the 2017 Sanitary Sewer Replacement Project, Phase 2, with Binkley & Barfield, Inc., for additional design and preparation of construction documents in an amount not to exceed $36,500.00. Attachments: Proposal Amendment No. 4 17 23-6589 Authorize the City Manager to finalize and execute a Professional Services Agreement with Westwood Professional Services, Inc. for the Edgemont Park Drainage Improvements Project, in an amount not to exceed $269,874.00. Attachments: Location Map 18 23-6619 Authorize the City Manager to finalize and execute a Professional Services Agreement with Halff Associates, Inc., for the Stormwater Master Plan Project, in an amount not to exceed $650,000.00. Attachments: Recommendation Letter 19 23-6627 Ratify a Memorandum of Understanding regarding Lucas Farms Joint Venture sale of property to the City of Mesquite for widening of Faithon P. Lucas, Sr., Boulevard for an expenditure in the amount of $202,235.00 to acquire property from Lucas Farms Joint Venture for the Faithon P. Lucas, Sr., Boulevard Paving and Drainage Reconstruction Project and authorize the City Manager to take all actions necessary to complete this transaction. Attachments: Memorandum of Understanding Special Warranty Deed Tract 1 Special Warranty Deed Tract 3 Special Warranty Deed Tract 4 Location Map OTHER BUSINESS 20 23-6628 Consider an application to allow fee in lieu of parkland dedication for the Kanyon Springs Subdivision, located at the northeast corner of Interstate Highway 635 and New Market Road. Attachments: Staff memo Request letter Aerial map Site plan PUBLIC HEARINGS City of Mesquite, Texas Page 5 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 (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.) 21 23-6620 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0123-0288, submitted by CA Mesquite, for a change of zoning from Commercial to Planned Development - Commercial to allow a shopping center with modifications to sign regulations, located at 200 East U.S. Highway 80. (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.) Attachments: Staff Report and Maps P&Z Minutes Ordinance 22 23-6623 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 for such purposes with Pluckers - Mesquite, LLC., for the construction of a new restaurant facility to be located at 1340 North Peachtree Road, Mesquite, Texas, and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement, and administer the agreement on behalf of the City. Attachments: Resolution 23 23-6502 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 for such purposes with Canadian Solar US Module Manufacturing Corporation and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and administer the agreement on behalf of the City. Attachments: Resolution ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 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. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18; and Civil Action 3:20-cv-20-01982-X – Filed 7-27-20, and on appeal, Cause No. 22-10321 - Filed 3-24-22 2. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 3. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22 4. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22 5. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 9-6-22 6. Ulises Rivera, Jessica Rivera, and 3509 Byrd Drive, Mesquite, Texas 75150, in rem v. The City of Mesquite, Cause No. DC-22-17289 - Filed 2-10-2023 7. Jennifer Villatoro v. City of Mesquite, Cause No. CC-23-02787-D - Filed 5-8-2023 8. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 4-11-23 Real Property Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to consider the purchase, exchange, lease or value of real property. The following subjects may be discussed: 24 23-6640 Discuss purchase of property at Berry Road and Lawson Road. 25 23-6641 Discuss property acquisition along McKenzie Road. 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. Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such a business prospect. The following subjects may be discussed: 26 23-6635 Discuss economic development incentives for a company considering the redevelopment of a commercial building at Peachtree Road and IH-635. 27 23-6642 Discuss economic development incentives for the redevelopment of a shopping center at Motley Drive and Town East Boulevard. 28 23-6643 Discuss economic development incentives for the redevelopment of a commercial building at Crestridge Drive and North Galloway Avenue. City of Mesquite, Texas Page 7 Tuesday, June 20, 2023 City Council Meeting Agenda June 20, 2023 29 23-6644 Discuss economic development incentives for a company considering locating a manufacturing facility on East Scyene Road near East Glen Boulevard. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator. City of Mesquite, Texas Page 8 Tuesday, June 20, 2023

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