City Council

City of Mesquite, Texas Minutes - Final City Council Monday, September 18, 2023 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Pro Tem Tandy Boroughs and Councilmembers B. W. Smith, Jeff Casper, Kenny Green, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Mayor Daniel Alemán, Jr. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Discuss request from the City of Sunnyvale to provide public safety dispatching and jail services. Council directed staff to proceed with development of an Interlocal Agreement with the Town of Sunnyvale to provide public safety dispatching and jail services CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:44 P.M. 2 Receive Economic Development Department Update. Beverly Abell, Downtown Development Manager, stated that Downtown Mesquite is nearing completion of four years of being a designated Main Street Program. Downtown highlights include 11 property rehabs, seven completed facade grants, 85 new jobs created, 84 Farmer's Markets, four national accreditations and five statewide awards. Ms. Abell reviewed the strategy for Downtown Development for the 2023-2024 fiscal year moving forward and recognized Downtown Development Coordinator James Johnson for his hard work and dedication to downtown development. Ms. Abell reviewed statistics including building permits issued and certificates of occupancy issued and presented an update on the Business Retention and Expansion Program (BRE). Kim Buttram, Director of Economic Development, presented a case study regarding Tax Increment Reinvestment Zones (TIRZ). The case study highlighted development near North Mesquite High School between Town East Boulevard and Towne Centre Drive. The Work Session ended at 6:59 p.m. City of Mesquite, Texas Page 1 City Council Minutes - Final September 18, 2023 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Jerry Brown, Pastor, Landmark Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Daughters of the American Revolution. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that the Mesquite Regional Business Retention and Expansion (BRE) Task Force will host a Manufacturing Day for manufacturing and career and technical students on Wednesday, October 4, 2023, beginning at 9:30 a.m., at Vanguard High School, 4201 Faithon P. Lucas, Sr., Boulevard. Mesquite’s Manufacturing Day connects Mesquite Independent School District students, as well as Dallas College students, with local companies and manufacturing job opportunities. The event features a job fair and tours for students of local manufacturing plants . Companies can still register to be part of the job fair at MesquiteEcoDev.com. 2. Mr. Green announced that Keep Mesquite Beautiful, Inc., will host the annual community cleanup event, Trash Bash, on Saturday, September 30, 2023, from 8:00 a.m. to Noon. Trash Bash is an opportunity for families, neighbors and groups to help beautify the Mesquite community. Volunteers are asked to pre-register to help event organizers coordinate supplies and cleanup site locations. 3. Mr. Green commended Keep Mesquite Beautiful Program Administrator Jonathan Chitty and Keep Mesquite Beautiful, Inc. board members for a successful “Butterfly Ball” last Saturday, September 16, 2023. This fundraiser celebrated the 35th Anniversary of Keep Mesquite Beautiful, Inc. Proceeds from this event are directed back into the beautification and education of the Mesquite community. 4. Ms. Vidler stated that with the weather turning cooler, it’s the perfect time to visit Mesquite’s Downtown Farmers Market. The market is fun for the entire family and offers locally grown produce, baked goods, bath and body products, and much more. The Farmer ’s Market is held every Saturday, from 9:00 a.m. to 1:00 p.m., through November at Front Street Station, 100 West Front Street. 5. Mr. Smith advised citizens that the City of Mesquite has been notified of a scam in which individuals are calling businesses pretending to be representatives of the City. These scammers are threatening to turn water off if the water bill is not paid or if payment is not made for a new water meter . Please know that the City does not call customers to communicate about financial matters. The City uses written correspondence. If you receive a telephone call from someone threatening to turn off your water, please call the myMesquite Call Center at 972-288-7711 or check your account online at MesquiteTX.WaterSmart.com. 6. Ms. Anderson stated that the Parks and Recreation Department had a great turnout this past weekend for one of Dallas-Fort Worth’s most unique events – the Guts and Gory Zombie Experience. Almost 100 runners escaped a mob of approximately 40 zombies and lived to tell the tale. Congratulations on a successful event! 7. Ms. Anderson reminded citizens to attend the last “Movie in the Park” of the year on Saturday, October 7, 2023, at 7:00 p.m., at Rorie-Galloway Day Camp, 3100 Lawson Road, to watch The Addams Family 2 under the stars. This family-friendly event will feature face painting, volleyball, basketball and concessions from Fera’s Grill food truck. Bring your family and friends along with lawn chairs and blankets. The movie begins at dusk. 8. Ms. Anderson invited citizens to a District 6 Neighborhood Meeting on Thursday, October 5, 2023, at 7:00 p.m., at Don Achziger Elementary School, 3300 Ridge Ranch Road. City of Mesquite, Texas Page 2 City Council Minutes - Final September 18, 2023 9. Mayor Pro Tem Boroughs stated that the first week of October is Public Safety Appreciation Week. Big events that week include National Night Out and a football game honoring our first responders. Neighborhood groups are encouraged to host an event on National Night out, Tuesday, October 3, 2023. The Real. Texas. Heroes. football game will be held on Friday, October 6, 2023, at 7:00 p.m., at Mesquite Memorial Stadium, 2500 Memorial Boulevard. Before kickoff, officials will recognize and thank Police, Fire, 911 dispatch and EMS employees for their service to the community . Come celebrate our first responders and then stay for the Mesquite High School vs. Horn High School football game. Details regarding more events planned for Public Safety Appreciation Week are coming soon. Check the City’s social media accounts for more information. 10. Mayor Pro Tem Boroughs stated that two Town Hall Meetings will be held regarding the upcoming Tax Rate Election. The first Town Hall Meeting will be held on Tuesday, September 26, 2023, at 6:30 p.m., at Florence Recreation Center, 2501 Whitson Way. The second Town Hall Meeting will be held on Tuesday, October 10, 2023, at 6:30 p.m., at Rutherford Recreation Center, 900 Rutherford Drive. APPOINTMENTS FOR PERSONAL APPEARANCE 3 Appointment - Mary Smith. (Ms. Smith will recognize members of the Mesquite Police Department and Mesquite Police Department.) Mr. Smith read a letter written by his wife, Mary Smith, commending Police Officers Cervantes and Wright and Police Sergeant Wathan of the Mesquite Police Department and Firefighters/Paramedics Kyle Funk and Daniel Durkee of the Mesquite Fire Department for their efforts in locating her brother, John Holguin, following a recent Silver Alert. 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. Casper and approved unanimously. 4 Minutes of the regular City Council meeting held September 5, 2023. Approved on the Consent Agenda. 5 An ordinance amending Chapter 1 of the City Code for the purpose of revising the Hardship Assistance Policy regarding ambulance fees and charges and to allow said Hardship Assistance Policy to be applied to ambulance fees and charges with a service date of October 1, 2022. Approved on the Consent Agenda. Ordinance No. 5062, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 1 OF THE MESQUITE CITY CODE BY REVISING SECTION 1-16 (AMBULANCE SERVICES – RULES AND POLICIES FOR USER FEES) FOR THE PURPOSE OF REVISING THE HARDSHIP ASSISTANCE POLICY REGARDING AMBULANCE FEES AND CHARGES, AND TO ALLOW SAID HARDSHIP ASSISTANCE POLICY TO BE APPLIED TO AMBULANCE FEES AND CHARGES WITH A SERVICE DATE OF OCTOBER 1, 2022, OR LATER; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND City of Mesquite, Texas Page 3 City Council Minutes - Final September 18, 2023 DECLARING AN EFFECTIVE DATE. (Ordinance No. 5062 recorded in Ordinance Book No. 130.) 6 An ordinance amending Chapter 13 of the City Code by making certain additions and deletions thereby updating regulations for “murals” and “ghost signs” for the purpose of allowing murals citywide in non-residential districts, updating the process and procedures for mural and ghost sign applications, and other matters related thereto. Approved on the Consent Agenda. Ordinance No. 5063, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 13 OF THE MESQUITE CITY CODE BY MAKING CERTAIN ADDITIONS AND DELETIONS THEREBY UPDATING REGULATIONS FOR “MURALS” AND “GHOST SIGNS” FOR THE PURPOSE OF ALLOWING MURALS CITYWIDE IN NON-RESIDENTIAL DISTRICTS, UPDATING THE PROCESS AND PROCEDURES FOR MURAL AND GHOST SIGN APPLICATIONS, AND OTHER MATTERS RELATED THERETO; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 5063 recorded in Ordinance Book No. 130.) 7 An ordinance changing the name of a street in the Solterra Subdivision from Lakeside Trail to Casting Ridge. Approved on the Consent Agenda. Ordinance No. 5064, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, CHANGING THE NAME OF A STREET IN THE SOLTERRA SUBDIVISION FROM LAKESIDE TRAIL TO CASTING RIDGE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREOF. (Ordinance No. 5064 recorded in Ordinance Book No. 130.) 8 An ordinance authorizing the City Manager to sell surplus and previously issued firearms to licensed peace officers and other authorized City personnel following certain procedures. Approved on the Consent Agenda. Ordinance No. 5065, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO SELL SURPLUS AND PREVIOUSLY ISSUED FIREARMS TO LICENSED PEACE OFFICERS AND OTHER AUTHORIZED CITY PERSONNEL FOLLOWING CERTAIN PROCEDURES; AND PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 5065 recorded in Ordinance Book No. 130.) 9 A resolution adopting an Investment Policy and declaring that the City Council completed its review of the investment policy and investment strategies. Approved on the Consent Agenda. Resolution No. 46-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING AN INVESTMENT POLICY; DECLARING THAT THE CITY COUNCIL COMPLETED ITS REVIEW OF THE INVESTMENT POLICIES AND City of Mesquite, Texas Page 4 City Council Minutes - Final September 18, 2023 INVESTMENT STRATEGIES; AND DECLARING AN EFFECTIVE DATE THEREOF. (Resolution No. 46-2023 recorded in Resolution Book No. 68.) 10 Bid No. 2023-052 - Ratification of Lease Agreement for Golf Carts and Golf Maintenance Equipment. (Staff recommends ratification of the 2023 lease agreements with The Huntington National Bank and authorizing the City Manager to finalize and execute all documents reasonably necessary to complete the lease of golf carts and golf maintenance equipment for the golf course, through BuyBoard Contract No. 611-20, with Textron, Inc. dba E-Z-GO and The Huntington National Bank, their affiliates, agents and assigns, 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. 11 Bid No. 2023-100 - Annual Landscape Maintenance of Municipal Buildings and Properties. (Staff recommends award to SLM Landscaping and Maintenance and to authorize the City Manager to finalize and execute a contract in an amount not to exceed $120,000.00. The term of the contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 12 Bid No. 2023-113 - Annual TxDOT IH 635/IH 30/Highway 80 Corridor Maintenance & Litter Control. (Staff recommends award to SLM Landscaping and Maintenance and to authorize the City Manager to finalize and execute a contract in an amount not to exceed $441,242.00. The term of the contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 13 Bid No. 2023-130 - McWhorter: Replace Playground Poured in Place Safety Surface. (Authorize the City Manager to finalize and execute a contract and any required documents with Robertson Industries, Inc., for the purchase of playground resurfacing services, through Omnia Partners Group and Cooperative Purchasing Contract No. R230202, in an amount not to exceed $111,180.00.) Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute a Memorandum of Understanding between the City of Mesquite and Dallas Independent School District (DISD) for Mesquite Police Department response on DISD matters. Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute Supplemental Agreement No . 5 to the Interlocal Agreement with STAR Transit to provide public transportation City of Mesquite, Texas Page 5 City Council Minutes - Final September 18, 2023 services in the estimated amount of $506,076.00 for Fiscal Year 2024. Approved on the Consent Agenda. 16 Authorize the City Manager to finalize and execute a Seventh Amendment to renew Interlocal Agreement with the Dallas County Hospital District dba Parkland Health & Hospital System for Biomedical Online and Offline Medical Supervision in an amount not to exceed $83,098.92 for Fiscal Year 2023-24, effective October 1, 2023, through September 30, 2024. Approved on the Consent Agenda. 17 Authorize the City Manager to finalize and execute an Amendment to Fiscal Year 2023 Agreement Amendment and Extension with the Dallas Area Agency on Aging to receive grant funds that provide meals for senior citizens, in an amount not to exceed $80,390.00. Approved on the Consent Agenda. 18 Authorize an expenditure in the amount of $874,434.00 to the Mesquite Independent School District for reimbursement of the construction of the Ben and Jo Ann Cross Elementary School/City Park and authorize the City Manager to execute payment. Approved on the Consent Agenda. 19 Authorize the City Manager to execute Change Order No. 2 to Bid No. 2022-120, Annual Supply of Neptune Mach 10 V5 Water Meters, with Core & Main, LP, for the purchase of additional water meters in the amount of $3,475.00. Approved on the Consent Agenda. 20 Receive the July 2023 semiannual report for impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Approved on the Consent Agenda. 21 Receive report regarding Conditional Use Permit Ordinance No. 4898 for a major reception facility, known as The Alexander Ballroom, located at 2021 North Town East Boulevard, Suite 1100. Approved on the Consent Agenda. PUBLIC HEARING AND CONSIDER PASSAGE OF THE FOLLOWING ORDINANCE RELATING TO THE FISCAL YEAR 2023-24 BUDGET 22 Conduct a public hearing and consider an ordinance amending Appendix D - the Comprehensive Fee Schedule of the City Code by making certain deletions and additions in Appendix D for fees collected by the City of Mesquite for the purpose of the City Council’s Annual Review and Update to the City’s fees, reauthorizing all building permit fees and other City fees in accordance with Texas Local Government Code, Chapter 214, Subchapter Z, Section 214.098. A public hearing was held regarding a proposed ordinance amending Appendix City of Mesquite, Texas Page 6 City Council Minutes - Final September 18, 2023 D - the Comprehensive Fee Schedule of the City Code. Michelle Baccheschi, Manager of Budget and Treasury, stated that during the 2023 Legislative Session, the State of Texas passed House Bill 1922 which requires the City to hold a public hearing regarding the reauthorization of building permit fees prior to the 10th anniversary after the fee is adopted, effective January 1, 2024. Ms. Baccheschi stated that the City will hold an annual public hearing along with the adoption of Appendix D. There are no proposed changes to the building permit fees this year. All City fees are posted on the City's website and can be found in Appendix D of the City Code. No one appeared regarding the proposed ordinance. Mr. Green moved to approve Ordinance No. 5066, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING APPENDIX D – THE COMPREHENSIVE FEE SCHEDULE OF THE MESQUITE CITY CODE BY MAKING CERTAIN DELETIONS AND ADDITIONS IN APPENDIX D FOR FEES COLLECTED BY THE CITY OF MESQUITE FOR THE PURPOSE OF THE CITY COUNCIL’S ANNUAL REVIEW AND UPDATE TO THE CITY’S FEES; REAUTHORIZING ALL BUILDING PERMIT FEES AND OTHER CITY FEES IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE, CHAPTER 214, SUBCHAPTER Z, SECTION 214.908; PROVIDING FOR A PUBLIC HEARING; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Ms. Vidler and approved unanimously. (Ordinance No. 5066 recorded in Ordinance Book No. 130.) OTHER BUSINESS 23 Consider a resolution whereby the City Council authorizes the City Manager to finalize, execute, and administer an Interlocal Agreement for Mobile Food Unit Inspections between Dallas County, on behalf of Dallas County Health and Human Services, and City of Mesquite for the purpose of Mesquite being an authorized inspection and permitting location site for Mobile Food Units and Roadside Vendors seeking a Dallas County Mobile Food Unit (“MFU”) Permit, and also authorizing the City Manager to enter into Memorandum of Understandings (“MOUs”) with other Dallas County cities to grant reciprocity for the purpose of recognizing another jurisdiction’s fire safety MFU inspection, and authorizing the City Manager to take such other actions and execute such other documents as are necessary or advisable to consummate the transactions contemplated by the agreement(s). Jeff Armstrong, Director of Planning and Development Services, stated that during the 2023 Legislative Session, the State of Texas passed House Bill 2878 which mandates that Dallas County issue all permits for mobile food vendors who wish to operate in the county. The bill became effective September 1, 2023. Previously, Mesquite, like other cities, issued its own permit following inspections of the mobile food vehicles. Mr. Armstrong stated that this Interlocal Agreement will allow Mesquite to do the inspections and authorize the permits on behalf of Dallas County. Any permits issued through the City of Mesquite will be valid in any jurisdiction within Dallas County. The statute does not prohibit each city from enforcing their own regulations (zoning for example) with respect to locations where mobile food units are permitted to operate. The County will provide the actual permit City of Mesquite, Texas Page 7 City Council Minutes - Final September 18, 2023 document and set the fees. Mr. Casper moved to approve a Resolution No. 47-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, WHEREBY THE CITY COUNCIL AUTHORIZES THE CITY MANAGER TO FINALIZE, EXECUTE, AND ADMINISTER AN INTERLOCAL AGREEMENT FOR MOBILE FOOD UNIT INSPECTIONS BETWEEN DALLAS COUNTY, ON BEHALF OF DALLAS COUNTY HEALTH AND HUMAN SERVICES, AND CITY OF MESQUITE FOR THE PURPOSE OF MESQUITE BEING AN AUTHORIZED INSPECTION AND PERMITTING LOCATION SITE FOR MOBILE FOOD UNITS AND ROADSIDE VENDORS SEEKING A DALLAS COUNTY MOBILE FOOD UNIT (“MFU”) PERMIT; AND ALSO AUTHORIZING THE CITY MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDINGS (“MOUs”) WITH OTHER DALLAS COUNTY CITIES TO GRANT RECIPROCITY FOR THE PURPOSE OF RECOGNIZING ANOTHER JURISDICTION’S FIRE SAFETY MFU INSPECTION; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH OTHER ACTIONS AND EXECUTE SUCH OTHER DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT(S). Motion was seconded by Ms. Vidler and approved unanimously. (Resolution No. 47-2023 recorded in Resolution Book No. 68.) 24 Consider cancelling the regular City Council meeting scheduled for Monday, September 25, 2023. Mr. Casper moved to cancel the regular City Council meeting scheduled for Monday, September 25, 2023. Motion was seconded by Mr. Green and approved unanimously. 25 Consider an ordinance amending the Mesquite City Code Chapter 8, Article VIII (Food and Food Establishments) for the purpose of revising the Mobile Food Unit (“MFU”) provisions regarding Health Permits and Fire Safety MFU Inspections, and amending Appendix D - Comprehensive Fee Schedule, Article VI (Fire) and Article XII (Planning and Development Services) for the purpose of revising and adding new fees regarding MFU health permits, fire safety inspections, and making other organizational revisions as needed. Jeff Armstrong, Director of Planning and Development Services, stated that the proposed ordinance would establish fees as set out in the proposed Interlocal Agreement with Dallas County regarding mobile food vendors (Agenda Item No. 23). In addition, Fire Department inspection fees for mobile food units would be established. Following are existing and proposed permit fees for mobile food units. Existing Fees* Proposed Fees** Food Trucks $300 $1,278 Push Carts $200 $616 Catering & Ice Cream $200 $471 * These fees will continue to apply in Kaufman County portions of Mesquite ** These fees are mandated by Dallas County New Mobile Food Unit (MFU) Fire Safety Inspection fees: MFU Fire Inspection $100 Reinspection $50 City of Mesquite, Texas Page 8 City Council Minutes - Final September 18, 2023 After 3rd Reinspection $75 Mr. Green moved to approve Ordinance No. 5067, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE CHAPTER 8, ARTICLE VIII (FOOD AND FOOD ESTABLISHMENTS) FOR THE PURPOSE OF REVISING THE MOBILE FOOD UNIT (“MFU”) PROVISIONS REGARDING HEALTH PERMITS AND FIRE SAFETY MFU INSPECTIONS; AND AMENDING APPENDIX D – COMPREHENSIVE FEE SCHEDULE, ARTICLE VI (FIRE) AND ARTICLE XII (PLANNING AND DEVELOPMENT SERVICES) FOR THE PURPOSE OF REVISING AND ADDING NEW FEES REGARDING MFU HEALTH PERMITS, FIRE SAFETY INSPECTIONS, AND MAKING OTHER ORGANIZATIONAL REVISIONS AS NEEDED; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE WITH A FINE NOT TO EXCEED $2,000; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Ms. Anderson and approved unanimously. (Ordinance No. 5067 recorded in Ordinance Book No. 130.) PUBLIC HEARINGS 26 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0723-0312, submitted by Kamal Alkak of Highland Crossing Auto, for a change of zoning from Commercial to Commercial zoning with a Conditional Use Permit to allow the sale of used tires and an outdoor storage yard with a modification to allow outdoor storage without screening, located at 2532 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 regarding Zoning Application No. Z0723-0312. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant contracts with Dallas Area Rapid Transit (DART) to provide shuttle services to customers and proposes to store a portion of his fleet in front of the building on the subject property without screening the vehicles from the street. He also proposes to have used tire sales on the property. The initial application to the Planning and Zoning Commission included a request to sell used cars, as well. However, the applicant has withdrawn the used car portion of the request. Applicant Kamal Alkak, representing Highland Crossing Auto, stated that he contracts with DART to do medical transportation. Approximately 1,000 customers are transported daily to dialysis, hospitals and other doctor appointments. The business does minor vehicle repairs on their own vehicles and occasionally for someone from the public. He stated that there are 16 security cameras on the property. No one appeared regarding the proposed application. Ms. Vidler moved to deny Zoning Application No. Z0723-0312. Motion failed for lack of a second. Mr. Casper moved to approve Zoning Application No. Z0723-0312, as recommended by Planning and Zoning Commission but excluding the sale of City of Mesquite, Texas Page 9 City Council Minutes - Final September 18, 2023 used tires, with the following stipulations: (1) The Conditional Use Permit (CUP) is approved solely for the business owned by Kamal Alkak. It shall not be transferable to a different owner or business. (2) The CUP is approved for a period of two years from September 18, 2023. Should Mr. Alkak wish to continue the use after the two-year period, he may submit a new CUP application requesting to continue the CUP. Such application shall require the same procedures outlined in the Mesquite Zoning Ordinance for initial approval of a CUP, and City Staff shall present a report on property conditions during the two-year period. (3) Storage of 10 fleet vehicles shall be allowed in the area designated by red boxes on the Concept Plan (Exhibit A) of the ordinance without requirement for screening of the outdoor storage from public view. And to approve Ordinance No. 5068, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 2532 EAST HIGHWAY 80 TO ALLOW THE APPLICANT TO PARK TEN (10) FLEET VEHICLES IN FRONT WITH NO SCREENING SUBJECT TO CERTAIN STIPULATIONS; 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 Ms. Anderson. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Green, Boroughs, Smith, Anderson Nayes: Vidler Motion carried. (Ordinance No. 5068 recorded in Ordinance Book No. 130) 27 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0723-0317, submitted by Creation RE, LLC, to amend Planned Development - Commercial (Ordinance No. 4862) to modify the development standards and concept plan to allow additional overnight truck and trailer parking, located at 19750, 19800 and 19850 Interstate Highway 635. (No responses in favor or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held regarding Zoning Application No. Z0723-0317. Jeff Armstrong, Director of Planning and Development Services, stated that in 2021, the City Council approved a Planned Development (PD) District to permit a three-building light industrial business park. In 2023, the Council approved a Conditional Use Permit (CUP) to allow General Dynamics to locate a manufacturing facility on the parcel. General Dynamics intends to use the entirety of Buildings B and C and a portion of Building A. The remainder of Building A will be used by Frito-Lay for distribution. Frito-Lay’s original agreement with the property owner was to park delivery vehicles between Buildings A and C. However, General Dynamics needs that area for trucking and dock purposes. Frito-Lay proposes to relocate vehicle parking to the north end of Building A where a passenger vehicle parking lot is currently intended. City of Mesquite, Texas Page 10 City Council Minutes - Final September 18, 2023 Mr. Armstrong stated that the Frito-Lay vehicle parking area requires screening from the adjacent freeways. The proposed screening consists of a wrought iron fence and three rows of evergreen trees. Applicant Taylor Mitcham, representing Creation Equity, stated that he understands the importance of screening and landscaping of the property. He added that the Frito-Lay box trucks are not as tall as tractor trailers and will only be parked overnight on the property. The proposed screening should cover most, if not all, of the trucks. (1) Frances Brenner, 2620 Glenmore Drive, expressed concerns regarding landscaping and truck parking. No others appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z0723-0317, as recommended by the Planning and Commission, with the following stipulations: (1) Revise the parking requirement in Planned Development – Commercial Ordinance No. 4862 so that the overall minimum required parking for the Property for warehouse and office uses is 523 spaces. (2) The north truck and trailer parking shown on Exhibit D of the ordinance shall be screened from the north and west by two offsetting rows of evergreen trees and shrubs planted at a minimum height equal to the height of an eight-foot wrought-iron fence creating a visual barrier as shown in Exhibit E of the ordinance. Alternatively, the area may be screened by an eight-foot masonry wall that matches the building. The vehicle access gate shall be designed with a visual barrier either as an addition to the wrought iron or as a separate opaque gate material to be approved by the Director of Development Services. (3) A landscape plan, showing the trees and fencing of the parking area must be approved by the City Manager’s Office. And to approve Ordinance No. 5069, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING TO AMEND PLANNED DEVELOPMENT – COMMERCIAL ORDINANCE NO. 4862 TO ALLOW ADDITIONAL OVERNIGHT TRUCK AND TRAILER PARKING ON PROPERTY LOCATED AT 19750, 19800, AND 19850 INTERSTATE HIGHWAY 635 (SOUTHEAST CORNER OF INTERSTATE HIGHWAY 635 AND US HIGHWAY 80 EAST) SUBJECT TO CERTAIN STIPULATIONS; 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 and approved unanimously. (Ordinance No. 5069 recorded in Ordinance Book No. 130.) City of Mesquite, Texas Page 11 City Council Minutes - Final September 18, 2023 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:46 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. 28 – Discuss a public-private partnership for the development of an industrial site at East Scyene Road and Lawson Road and Item No. 29 – Discuss a public-private partnership including economic development incentives for the development of a retail site at IH -20 and Lawson Road.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 9:16 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Smith moved to adjourn the meeting. Motion was seconded by Mr. Green and approved unanimously. The meeting adjourned at 9:16 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Tandy Boroughs, Mayor Pro Tem City of Mesquite, Texas Page 12