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City Council

Regular Meeting

Mesquite, TX · April 1, 2024

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, April 1, 2024 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, 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 departmental strategies and presentation from Historic Mesquite, Inc . related to City Council strategic goals and objectives. 2 Receive briefing regarding possible changes to requirements for multifamily parking. The City Council provided input to staff and the item will be brought back to Council for consideration at a future date. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:28 P.M. 3 Receive Economic Development Department Council Update. Kim Buttram, Director of Economic Development, reviewed the responsibilities of the Mesquite Quality of Life Corporation Board of Directors (MQOLC) and explained that these board members also serve on the Mesquite Economic Development Advisory (MEDA) Board. MEDA serves as a liaison to the City Council and makes recommendations regarding economic development programs and was instrumental in the formation of the Economic Development Strategic Plan launched in March 2023. Ms. Buttram presented an update on the Business Retention and Expansion Program (BRE). The Mesquite Business Retention and Expansion Task Force was founded in 2016. New partners that have joined the BRE Task Force include Forney Independent School District, Ascend Institute and the University of Texas at Dallas. In January 2024, the Annual BRE Business Awards were presented at the Chamber of Commerce Luncheon. The 2023 BRE Business Award Winners include: (1) Dallas College Partner of the Year - PepsiCo Uplift; (2) Workforce Solutions Greater Dallas Partner of the Year - Canadian Solar; and (3) Chamber of Commerce Partner of the Year - Dallas Regional Medical Center. In December 2023, BRE hosted the Gus Thomasson Corridor (GTC) "Light Up the Corridor" event attended by 10 GTC businesses. Businesses along the GTC were invited to decorate their storefronts in a festive style and the public was invited to vote on City of Mesquite, Texas Page 1 City Council Minutes - Final April 1, 2024 their favorite storefront via Facebook and/or Instagram. Residents that voted were entered into a drawing and presented prizes that were donated by GTC businesses. In October 2023, BRE hosted the third Manufacturing Day including a job fair at Vanguard High School with more than 400 student attendees. The Dallas County Commissioners Court provided a Resolution recognizing the Cities of Mesquite and Garland for their efforts in supporting the manufacturing workforce. Ms. Buttram reviewed large projects and company highlights. Economic Development highlights include the opening of RJW Logistics in Alcott Station, 2800 E. Scyene Road; Hexagon Purus in Landmark at the Meadows, 2401 East Meadows Boulevard; Balloons by Luz Paz Express Dallas, 2620 Gus Thomasson Road; pOpshelf, 19153 LBJ Freeway; Denny's, 4004 Emporium Circle; and Walmart Neighborhood Market, 915 North Town East Boulevard. Downtown development accomplishments include the Texas Downtown Resiliency Award and People's Choice in the same category for tandem rehabilitations of 117 West Main Street and Heritage Plaza; Front Street Station received Honorable Mention in the Built Project Award category of the Greater Dallas Planning Council's 2023 Urban Design Awards; and Downtown Mesquite was one of 15 Nationally Accredited Main Street Programs in the nation to receive a "Path of Totality" grant from the Simons Foundation. Javan Gonzalez, Visit Mesquite Manager, presented information regarding the Solar Rodeo. More than 1.5 million people are expected to travel to Texas to view the total solar eclipse. Mesquite is in the path of totality and is anticipating 70,000 visitors. The time of totality will be 4 minutes and 8 seconds. There will be numerous events and watch parties happening in Mesquite on the day of the eclipse and throughout the weekend. Information regarding the Solar Rodeo can be found on the City's website at www.visitmesquite.com. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Jarrod Baker, Pastor, Peace Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of Project LEAD inaugural class. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that the Mesquite Summer Youth Internship Program is a paid internship program for high school students that help young people acquire the skills and training necessary to transition into college and future careers. An information session for students and parents will be held on Friday, April 5, 2024, at 4:30 p.m., at the Mesquite Main Library, 300 West Grubb Drive. Also, if you are a business owner or operate a non-profit organization, the City would like to partner with you to place an intern with your business over the summer. City of Mesquite, Texas Page 2 City Council Minutes - Final April 1, 2024 2. Mr. Green stated that the next Courtyard Concert Series at the Mesquite Arts Center, 1527 North Galloway Avenue, will be held on Thursday, April 4, 2024, from 7:00 p.m. to 9:00 p.m., with artist Epic Unplugged. Inspired by MTV’s Unplugged, Epic Unplugged is an all-live music experience that includes vocals, a full band and a string quartet. Fans of all ages will enjoy epic rock from Queen, Muse, Pink Floyd, Killers, Led Zeppelin, Nirvana and more. Visit MesquiteArtsCenter .org for information on upcoming concerts. Also, at the Mesquite Arts Center, the Mesquite Arts Theatre presents “Beer for Breakfast” from Friday, April 12, 2024 to Sunday, April 28, 2024. The show tells the story of four middle-aged buddies who reunite for a guys’ weekend. They plan to party like it’s 1979 until one of the guys doesn’t show up…instead, his wife does. For more information, visit MesquiteArtsTheatre.org. 3. Ms. Rodriguez-Ross stated that the Friends of the Mesquite Public Library, 300 West Grubb Drive, will host the Spring Book Sale on Friday, April 26, 2024, and Saturday, April 27, 2024. The twice annual sale, which benefits the Mesquite Public Library System, features gently used books and DVDs. This may include children’s books, fiction, cookbooks, popular movies and more at reasonable prices. The book sales are vital to the Library as these funds pay for programs, prizes and giveaways, artwork and much more. Cash or checks are the only payment forms accepted. 4. Mr. Boroughs encouraged citizens to attend the Annual Rodeo Parade in Downtown Mesquite, on Saturday, April 6, 2024, at 10:00 a.m. The deadline to register parade floats is 5:00 p.m., on Wednesday, April 3, 2024, and the entry fee is $40.00. This year, the prizes for Rodeo Parade floats include “Best Solar Eclipse Theme” and “Best Overall Float.” 5. Mr. Boroughs invited citizens to attend the opening day of the Downtown Mesquite Farmers Market on Saturday, April 6, 2024. 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 will be held every Saturday through November at Front Street Station, 100 West Front Street, from 9:00 a.m. to 1:00 p.m. Free tote bags will be provided to the first 200 visitors on opening day. 6. Mr. Smith invited families to the City of Mesquite Family Fish on Saturday, April 20, 2024, from 9:00 a.m. to Noon, at City Lake Park, 200 Parkview Street. The first 100 kids at the event will receive a free fishing rod while supplies last. Fishing bait, hooks and other materials will not be provided. Family Fish attendees will have the opportunity to participate in the smallest and largest fish tournaments for prizes . City Lake Park is part of the Texas Parks and Wildlife Department ’s Neighborhood Fishin’ program and is stocked several times per year with catfish and rainbow trout. 7. Mr. Murden announced that the Doggy Derby Day will be held on Saturday, April 20, 2024, from 10:00 a.m. to 1:00 p.m., at the Opal Lawrence Historical Park, 711 East Kearney Street. This free, Kentucky Derby-themed event will include a doggy hat decorating station, best hat contest for the dogs and treats for pets and humans. Mesquite Animal Services will be on -site offering pet adoptions along with $10.00 microchipping for pets and low-cost vaccinations. All dogs must show proof of vaccination and be leashed at all times. 8. Mr. Murden encouraged citizens to “save the date” for the Trash Bash event on Saturday, April 27, 2024, from 8:00 a.m. to Noon. Keep Mesquite Beautiful, Inc., hosts this citywide cleanup event to give families, neighbors and groups an opportunity to help beautify the community. Volunteers are requested to pre-register to help event organizers coordinate supplies and cleanup site locations. 9. Mayor Alemán thanked the Mesquite Elks Lodge No. 2404 for recently hosting a dinner and awards ceremony honoring some very important citizens in the community. Award recipients include Janet Launza as Citizen of the Year, Patrick King as Police Officer of the Year and Brian Hill as Firefighter of the year. Congratulations to these award recipients and thank you again to the Elks, who donate funds which supplement City programs and services for the community. 10. Mayor Alemán reminded everyone that the “Solar Rodeo” is next week. The “Solar Rodeo” will include events and activities leading up to and on the day of the solar eclipse on Monday, April 8, 2024. Mesquite is a prime viewing location for this once-in-a-lifetime event. There will be activities for the entire family across the City beginning on Saturday, April 6, 2024. Citizens can visit www.cityofmesquite.com/SolarRodeoTips for safety and preparation information. He encouraged citizens to be patient as there will be lots of visitors in town, which means increased traffic. City of Mesquite, Texas Page 3 City Council Minutes - Final April 1, 2024 CITIZENS FORUM 1. John Tywater, 3826 O’Hare Drive, expressed concerns regarding drainage and speeding in his neighborhood. 2. Terri White, 505 Riggs Circle, expressed concerns regarding the Texas Commission on Environmental Quality’s (TCEQ) Draft Permit 3563. 3. Roy and Marci LaBeach, 427 Feathercrest Lane, are the owners of Reggae Wings & Tings and stated that due to renovation of the shopping center where their restaurant is located, they are searching for a new lease space and requested the City’s help APPOINTMENTS FOR PERSONAL APPEARANCE 4 Receive presentation regarding the Fiscal Year 2022-2023 Annual Report from the Mesquite Quality of Life Corporation Board of Directors. Kim Buttram, Director of Economic Development, recited the Mission Statement for the Mesquite Quality of Life Corporation (MQOLC) - "The Mesquite Quality of Life Corporation identifies and funds public projects within the areas of Transportation, Public Safety, and Parks and Recreation that maintain and/or enhance the quality of life for Mesquite residents and businesses." Ms. Buttram stated that the FY 2022 total funds spent for Transportation was approximately $3.5 million for debt service, traffic signal upgrades and construction, and Scyene signal preemption annual maintenance; for Public Safety, approximately $165,000.00 was spent for thermal imaging camera replacements, fire gas sensor detector replacement and replacement of hydraulic rescue tools; and for Parks and Recreation, approximately $16 million was spent with $5.2 million for park operations and public safety equipment and the remainder for various projects. In the 24-year history of the Mesquite Quality of Life Corporation, the fund has collected revenues of approximately $262 million and expended approximately $244 million for Transportation, Public Safety, and Parks and Recreation. Ms. Buttram introduced MQOLC board members in attendance at tonight's meeting. 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. 5 Minutes of the regular City Council meeting held March 18, 2024. Approved on the Consent Agenda. 6 An ordinance amending the City Code by revising certain sections in Chapter 10 (Offenses - Miscellaneous), Article V (Condition of Premises) for the purpose of updating the provisions related to high weeds, high grass, and edging requirements, landscaping and vegetation maintenance requirements and tree maintenance requirements. City of Mesquite, Texas Page 4 City Council Minutes - Final April 1, 2024 Approved on the Consent Agenda. Ordinance No. 5100, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING CERTAIN SECTIONS IN CHAPTER 10 (OFFENSES – MISCELLANEOUS), ARTICLE V (CONDITION OF PREMISES) FOR THE PURPOSE OF UPDATING THE PROVISIONS RELATED TO HIGH WEEDS, HIGH GRASS, AND EDGING REQUIREMENTS; LANDSCAPING AND VEGETATION MAINTENANCE REQUIREMENTS; AND TREE MAINTENANCE REQUIREMENTS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5100 recorded in Ordinance Book No. 131.) 7 An ordinance amending the City Code by revising certain sections in Chapter 10 (Offenses - Miscellaneous), Article VI (Nuisances) for the purpose of updating the City’s junked and abandoned vehicle requirements and updating provisions regarding nuisance parties thereby ensuring the City ’s ordinance is aligned with recent changes in State law, and providing for other miscellaneous updates as needed. Approved on the Consent Agenda. Ordinance No. 5101, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING CERTAIN SECTIONS IN CHAPTER 10 (OFFENSES – MISCELLANEOUS), ARTICLE VI (NUISANCES) FOR THE PURPOSE OF UPDATING THE CITY’S JUNKED AND ABANDONED VEHICLE REQUIREMENTS AND UPDATING PROVISIONS REGARDING NUISANCE PARTIES THEREBY ENSURING THE CITY’S ORDINANCE IS ALIGNED WITH RECENT CHANGES IN STATE LAW; AND PROVIDING FOR OTHER MISCELLANEOUS UPDATES AS NEEDED; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5101 recorded in Ordinance Book No. 131.) 8 A resolution authorizing the City Manager to execute an Interlocal Agreement with the City of Crandall to provide wholesale wastewater service to Crandall through the Lower East Fork Wastewater Interceptor System (LEFIS), also known as Mustang Creek Interceptor. Approved on the Consent Agenda. Resolution No. 15-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CRANDALL TO PROVIDE WHOLESALE WASTEWATER SERVICE TO CRANDALL THROUGH THE LOWER EAST FORK WASTEWATER INTERCEPTOR SYSTEM (LEFIS), ALSO KNOWN AS MUSTANG CREEK INTERCEPTOR; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 15-2024 recorded is Resolution Book No. 69.) 9 Bid No. 2024-097 - Purchase of Office Furniture for New Field Services Building. (Authorize the City Manager to finalize and execute the necessary documents City of Mesquite, Texas Page 5 City Council Minutes - Final April 1, 2024 with Preferred Business Solutions, through The Interlocal Purchasing System (TIPS) Contract No. 220303, for the Phase Two furniture purchase in the amount of $120,960.50 and to ratify the Phase One purchase in the amount of $92,142.55.) Approved on the Consent Agenda. 10 Authorize the City Manager to finalize and execute Amendment No. 5 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 $20,157.50. Approved on the Consent Agenda. 11 Authorize the City Manager to finalize and execute a First Amendment to Mesquite Metro Airport Lease and Indemnity Agreement with ATP USA, INC. Approved on the Consent Agenda. 12 Authorize the Mayor to execute a Second Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Manager Cliff Keheley. Approved on the Consent Agenda. 13 Approve Amendment No. 2 to the 2023-24 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $56,931.00. Approved on the Consent Agenda. END OF CONSENT AGENDA PUBLIC HEARINGS 14 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 Agreement (Chapter 380 Agreement) with Greenliner, LLC, for the lease and occupation of the industrial park facility located at 2700 East Scyene 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 authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) with Greenliner, LLC, for the lease and occupation of the industrial park facility located at 2700 East Scyene Road, Mesquite, Texas. Kim Buttram, Director of Economic Development, stated that Greenliner, LLC, proposes to lease and occupy a newly constructed facility (Alcott Station, Building B) which is owned by BDPF Alcott Logistics, LP, the landlord. The approximately 325,000-square-foot building sits on an approximately 17.37-acre City of Mesquite, Texas Page 6 City Council Minutes - Final April 1, 2024 tract in the Alcott Logistics Station development on the east side of Mesquite near the Mesquite Metro Airport. The building and tract are located within Alcott Logistics Station Tax Increment Reinvestment Zone No. 14. Ms. Buttram stated that Greenliner, LLC, produces recycled rubber automotive products and is part of Vehicle Accessories, Inc., an after-market automotive accessory manufacturer located at 2800 East Scyene Road. Vehicle Accessories, Inc. employs 315+ workers, and their corporate headquarters is on site. The investor group involved with both companies also brought Coleman Powersports to Mesquite in 2023. The company is committed to making a minimum investment of $5 million in Business Personal Property (BPP). The Agreement requires a 10-year lease and expires June 30, 2034. They must obtain a Certificate of Occupancy by June 1, 2024 and occupy 100 percent of the 325,000-square-foot building, in order to qualify for a 50 percent rebate of BPP property taxes paid to the City for 10 years. Applicant J. Pearson, Chairman, Vehicle Accessories, Inc., provided an overview of the companies brought into Alcott Station by Vehicle Accessories, Inc. Greenliner is a manufacturer of truck bed liners made from 100 percent recycled tire rubber. Vehicle Accessories, Inc. has contracts with tire companies to grind the tires and Greenliner melts the rubber into a press to produce the liners. No one appeared regarding the proposed resolution. Mr. Murden moved to approve Resolution No. 16-2024, 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 GREENLINER LLC, FOR THE LEASE AND OCCUPATION OF THE INDUSTRIAL PARK FACILITY LOCATED AT 2700 EAST SCYENE ROAD IN THE CITY OF 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. 16-2024 recorded in Resolution Book No. 69.) 15 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0224-0349, submitted by IH 20 IP, LLC, for a Comprehensive Plan amendment from Light Industrial to Commercial and High Density Residential and a change of zoning to amend Planned Development - GR, General Retail (Ordinance No. 4969) to allow multi-family residential uses in addition to retail uses, located at 4300 Lawson 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. Z0224-0349. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to add multi-family as a permitted use within the existing City of Mesquite, Texas Page 7 City Council Minutes - Final April 1, 2024 Planned Development. Currently, there is no proposed layout of a residential development and no multi-family developer identified. No modifications are proposed. The proposed change is to offer flexibility in marketing the property. Retail uses would still be permitted and developed on the site, even if multi-family uses are constructed. If approved, the Planned Development will have three concept plans, the two already approved for retail uses and the third setting aside parcels for multi-family development. A resident residing at 2022 Sumac Drive, Forney, submitted a registration card expressing support for the proposed application but did not wish to speak. No others appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application No. 0224-0349, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5102, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LIGHT INDUSTRIAL TO COMMERCIAL AND HIGH-DENSITY RESIDENTIAL AND AMENDING THE MESQUITE ZONING ORDINANCE BY CHANGING THE ZONING TO AMEND PLANNED DEVELOPMENT – GENERAL RETAIL (ORDINANCE NO. 4969) TO ALLOW MULTIFAMILY RESIDENTIAL USES IN ADDITION TO RETAIL USES ON PROPERTY LOCATED AT 4300 LAWSON ROAD; 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. Green. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Green, Alemán, Smith, Boroughs, Murden Nayes: Rodriguez-Ross Motion carried. (Ordinance No. 5102 recorded in Ordinance Book No. 131.) 16 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0823-0321, submitted by Tierra Carter-Simmons of Inspiring You to Greatness, for a Comprehensive Plan amendment from Commercial to Low Density Residential and a change of zoning from Agricultural to Planned Development - R-3, Single-Family Residential to allow a 16-lot single-family subdivision, located at 10079 South Belt Line 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. Z0823-0321. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to develop a 15-lot subdivision to include homes ranging in size from 1500 to 1800 square feet with prices starting at $300,000. The lots would be located on a cul-de-sac and include a playground and small open space. Applicant Kacey Simmons, President, Inspiring You to Greatness, presented an overview of the proposed development. The homes will be developed using structurally insulated panels to reduce the cost of electricity and increase energy City of Mesquite, Texas Page 8 City Council Minutes - Final April 1, 2024 efficiency. The roof will be a commercial grade TPO roof to protect the home from hail damage. The starting price of the homes will be $319,000.00 for low to medium income families. The following persons submitted registration cards expressing support for the proposed application but did not wish to speak: (1) Jacqueline Johnson, 5522 Ridgecove Drive, Garland; and (2) Lekiesha Jones, 9215 Hawthorne Drive, Forney. No others appeared regarding the proposed application. Mr. Smith moved to deny Zoning Application No. Z0823-0321. Motion was seconded by Mr. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Smith, Boroughs, Alemán, Rodriguez-Ross Nayes: Casper, Green, Murden Motion carried. ADJOURNMENT Ms. Rodriguez-Ross moved to adjourn the meeting. Motion was seconded by Mr. Boroughs an approved unanimously. The meeting adjourned at 8:38 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 9

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, April 1, 2024 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 April 1, 2024. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 24-7121 Receive departmental strategies and presentation from Historic Mesquite, Inc. related to City Council strategic goals and objectives. 2 24-7120 Receive briefing regarding possible changes to requirements for multifamily parking. (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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 3 24-7097 Receive Economic Development Department Council Update. City of Mesquite, Texas Page 1 Monday, April 1, 2024 City Council Meeting Agenda April 1, 2024 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Jarrod Baker, Pastor, Peace Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of Project LEAD class. 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. APPOINTMENTS FOR PERSONAL APPEARANCE 4 24-7096 Receive presentation regarding the Fiscal Year 2022-2023 Annual Report from the Mesquite Quality of Life Corporation Board of Directors. Attachments: MQOL FY 2022-2023 Annual Report 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.) 5 24-7124 Minutes of the regular City Council meeting held March 18, 2024. Attachments: March 18, 2024, minutes 6 24-7068 An ordinance amending the City Code by revising certain sections in City of Mesquite, Texas Page 2 Monday, April 1, 2024 City Council Meeting Agenda April 1, 2024 Chapter 10 (Offenses - Miscellaneous), Article V (Condition of Premises) for the purpose of updating the provisions related to high weeds, high grass, and edging requirements, landscaping and vegetation maintenance requirements and tree maintenance requirements. Attachments: Ordinance 7 24-7084 An ordinance amending the City Code by revising certain sections in Chapter 10 (Offenses - Miscellaneous), Article VI (Nuisances) for the purpose of updating the City’s junked and abandoned vehicle requirements and updating provisions regarding nuisance parties thereby ensuring the City’s ordinance is aligned with recent changes in State law, and providing for other miscellaneous updates as needed. Attachments: Ordinance 8 24-7116 A resolution authorizing the City Manager to execute an Interlocal Agreement with the City of Crandall to provide wholesale wastewater service to Crandall through the Lower East Fork Wastewater Interceptor System (LEFIS), also known as Mustang Creek Interceptor. Attachments: Resolution 9 24-7129 Bid No. 2024-097 - Purchase of Office Furniture for New Field Services Building. (Authorize the City Manager to finalize and execute the necessary documents with Preferred Business Solutions, through The Interlocal Purchasing System (TIPS) Contract No. 220303, for the Phase Two furniture purchase in the amount of $120,960.50 and to ratify the Phase One purchase in the amount of $92,142.55.) Attachments: Quote Building Furniture Layout - Buildings A & B 10 24-7125 Authorize the City Manager to finalize and execute Amendment No. 5 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 $20,157.50. Attachments: Proposal Amendment No. 5 11 24-7063 Authorize the City Manager to finalize and execute a First Amendment to Mesquite Metro Airport Lease and Indemnity Agreement with ATP USA, INC. 12 24-7133 Authorize the Mayor to execute a Second Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Manager Cliff Keheley. 13 24-7126 Approve Amendment No. 2 to the 2023-24 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and City of Mesquite, Texas Page 3 Monday, April 1, 2024 City Council Meeting Agenda April 1, 2024 Chapter 59 of the Texas Code of Criminal Procedure in the amount of $56,931.00. Attachments: State Seizure Amendment No. 2 PUBLIC HEARINGS (City Council may approve a different zoning district than the one requested, except that the different district may not (1) have a maximum structure height or density that is higher than the one requested; or (2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.) 14 24-7010 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 Agreement (Chapter 380 Agreement) with Greenliner, LLC, for the lease and occupation of the industrial park facility located at 2700 East Scyene 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 15 24-7132 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0349, submitted by IH 20 IP, LLC, for a Comprehensive Plan amendment from Light Industrial to Commercial and High Density Residential and a change of zoning to amend Planned Development - GR, General Retail (Ordinance No. 4969) to allow multi-family residential uses in addition to retail uses, located at 4300 Lawson 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.) Attachments: Staff Report & Maps P&Z Minutes Ordinance 16 24-7119 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0823-0321, submitted by Tierra Carter-Simmons of Inspiring You to Greatness, for a Comprehensive Plan amendment from Commercial to Low Density Residential and a change of zoning from Agricultural to Planned Development - R-3, Single-Family Residential to allow a 16-lot single-family subdivision, located at 10079 South Belt Line Road. (No responses in favor and one in opposition to the application have been received from property owners within the statutory notification area. The City of Mesquite, Texas Page 4 Monday, April 1, 2024 City Council Meeting Agenda April 1, 2024 Planning and Zoning Commission recommends approval with certain stipulations.) Attachments: Staff Report and Maps P&Z Minutes Ordinance ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 03-14-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 08-10-2022 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 – Filed 08-03-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-23-00485-CV - Filed 05-19-2023 3. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 09-06-2022 4. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 04-11-2023 5. State of Texas v. Villa, Cause No. 05-22-00220-CR, pending in the Court of Criminal Appeals, Cause No. PD-0756-23 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023 7. Michael L. Fogarty, April M.C. Gomez, and Victor Gomez v. City of Mesquite/Fire Dept, Mesquite EMTS, Kris Kyle; South Mesquite Regional Hospital, Cause No. DC-23-16587, Filed 09-28-2023 8. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 9. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 10. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 11. Avery Fuentes v. Jeffery Holland and City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 12. Bethany Hall and Antonio Holmes v. City of Mesquite, et al; Case No. DC-24-00034, Filed 01-02-2024; removed to the United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:24-cv-00231-B, on 01-30-2024 13. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 14. Mesquite Asset Recovery Group, LLC; Verde Center Partners, LLC; HQZ Partners, L .P.; Lang and Company, LLC; and MCG-124, LLC v. City of Mesquite, Texas, Cause No. DC-24-02668, Filed 02-15-2024 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. City of Mesquite, Texas Page 5 Monday, April 1, 2024 City Council Meeting Agenda April 1, 2024 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 6 Monday, April 1, 2024

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