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City Council

Regular Meeting

Mesquite, TX · May 6, 2024

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, May 6, 2024 5:30 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 - 5:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:12 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. 20 – Discuss economic development incentives for a business expansion at Samuell Boulevard; Item No. 21 - Discuss economic development incentives for a business considering expansion to Oates Drive and IH-635; and Item No. 22 - Discuss economic development incentives for a prospective development on Bruton Road ); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:52 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Fred Bacon, Pastor, First Christian Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Small Business Community, Business Retention Task Force and other business leaders. SPECIAL RECOGNITION 1 Recognize Real. Texas. Service. Champions. Cliff Keheley, City Manager, stated that this program is an opportunity to recognize employees for their excellent customer service to the organization and the Mesquite community. A brief video was shown highlighting each employee’s contributions to the City of Mesquite. City of Mesquite, Texas Page 1 City Council Minutes - Final May 6, 2024 Mayor Alemán, City Councilmembers and Mr. Keheley presented Certificates of Appreciation to the following employees in honor of their service to the City of Mesquite: Francis Wolford, Facilities Maintenance Technician – Facility Maintenance Department; Katherine Sullivan, Senior Environmental Code Inspector – Environmental Code Division; Mike Petrea, Residential Construction Inspector – Planning and Development Services Department; and Jeremie Wood, Police Officer – Mesquite Police Department. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that Spring is a great time for the arts in Mesquite. Every Saturday night through June, the Off the Rails concert series will be held at Front Street Station, 100 West Front Street, at 7:00 p.m., with a variety of music from Celtic to Rock-a-Billy. Graceland Ninjaz will be featured at the next free Mesquite Rocks! Concert on Thursday, May 16, 2024, at the Mesquite Arts Center, 1527 North Galloway Avenue. This high-energy band performs mashups and greatest hits spanning five decades of rock-n-roll, dance, hip hop and soul. The Mesquite Symphony Orchestra will present “Into the Fire” on Saturday, May 18, 2024, at 7:30 p.m., at the Mesquite Arts Center. Under the direction of Conductor Felix Torres, the performance will include a variety of pieces. Visit www.mesquitesymphony.org for showtimes and tickets. 2. Mr. Green encouraged citizens to sign up for Mesquite Alerts, powered by Code Red, to receive real-time notifications with accurate, reliable information regarding emergencies, weather and news that pertain to your particular neighborhood via text message, recorded phone message or email . Personal information will remain private and will only be used for community notifications. 3. Ms. Rodriguez-Ross invited citizens to join Keep Mesquite Beautiful, Inc., for the Mother’s Day Butterfly Trail Tour and Picnic on Saturday, May 11, 2024, from 10:00 a.m. to 1:00 p.m., at Paschall Park, 1001 New Market Road. Event highlights include guided Butterfly Trail tours, seed ball making, wagon parade, games, chalk art, photo opportunities and more. Attendees are invited to bring a “Mother Nature” decorated wagon and a blanket for picnicking. A light brunch will be available or bring your own picnic. 4. Ms. Rodriguez-Ross announced that Mesquite Recycles Day will be held on Saturday, May 18, 2024, from 8:00 a.m. to Noon, at Poteet High School, 3300 Poteet Drive. Items accepted for recycling included cell phones, batteries, toys, clothes, household items, computers and more. Onsite document shredding will also be available. 5. Mr. Boroughs encouraged citizens to attend Movies in the Park and Touch -A-Truck on Friday, May 17, 2024, from 7:00 p.m. to 10:00 p.m., at Paschall Park, 1001 New Market Road. Touch-A-Truck provides kids with the opportunity to climb on, learn about and discover their favorite big trucks and vehicles such as police cars, dump trucks, tractors and fire trucks. Vehicle operators will be present to answer questions. At sundown, the fun continues with a movie under the stars featuring “Lightyear.” Concessions will be available and attendees are encouraged to bring lawn chairs and blankets to this free event. 6. Mr. Boroughs invited citizens to a District 4 Neighborhood Picnic on Saturday, May 18, 2024, at Noon, at Evans Recreation Center, 1116 Hillcrest Street. 7. Mr. Smith encouraged citizens to attend Historic Mesquite Inc.’s Barn Dance on Saturday, May 18, 2024, at 7:00 p.m. The country and western swing band, The Western Flyers, will play Texas -style sound popularized in the 1940’s by Bob Wills for an evening of music and dancing in the historic Lawrence Barn at Opal Lawrence Historical Park, 711 East Kearney Street. Tickets to the Barn Dance are $15.00 for Historic Mesquite, Inc., members and $20.00 for the general public. Tickets and memberships can be purchased online at www.historicmesquite.org. City of Mesquite, Texas Page 2 City Council Minutes - Final May 6, 2024 8. Mr. Smith advised residents and business owners that it has come to the City ’s attention that there are individuals going door to door trying to sell roof repairs and some of these are scams. Rather than hiring someone random who knocks on your door, the City encourages you to visit the Roofing Contractors Association of Texas website at www.RCAT.net to ensure you are dealing with a reputable contractor. Also, home solicitations in the City of Mesquite are restricted to those with a valid permit secured from the Chief of Police and released by the City Manager. Exceptions apply to those who are under 18 years of age and are members of school or youth organizations. Home solicitation permits are rarely, if ever, issued from the City. Soliciting without a permit is a Class C Misdemeanor that carries a fine not to exceed $500.00. Solicitation concerns can be reported to the Police Department by calling the non-emergency phone line at 972-285-6336 or by reporting it through the myMesquite app. 9. Mr. Murden advised residents that new operating procedures for the City of Mesquite ’s Utility Billing Office begins today, May 6, 2024. The Utility Billing Office will be open to the public from 10:00 a.m. to 5:00 p.m. This change gives employees time to process online requests, which include applications for new service, leak adjustment requests and requests to disconnect service. Cash payments made to the Utility Billing Office are accepted in whole dollars only. Any change will be applied as a credit to your next bill. Cash customers can still pay with exact change. Making this change will also provide efficiencies to save on costs. To learn more, visit www.cityofmesquite.com/UtilityBilling. 10. Mayor Alemán stated that we need to take better care of ourselves physically, mentally and financially. There are two Get Fit Mesquite events this month. On Tuesday, May 14, 2024, a free bilingual workshop, “Demystifying the Secrets of Financial Analysis,” will be held from Noon to 1:00 p.m., in Training Rooms A & B, at City Hall. During this session, advisors will share information in English and Spanish about portfolio allocation and financial product choices. Then, on Saturday, May 18, 2024, a free, interactive walking event, “Walking for Wellness,” will be held at the Fraiser Middle School track, 2250 Scyene Road, from 9:00 a.m. to Noon. “Walking for Wellness” will include prizes for walkers who go the furthest distance. Health-focused vendors will also be onsite. Learn more at www.cityofmesquite.com/GetFitMesquite. 11. Mayor Alemán invited citizens to the Town Hall Tuesday Meeting on Tuesday, May 28, 2024, at 6:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. Representatives from the Mesquite Police Department, Mesquite Fire Department and Neighborhood Services will share information and answer questions in English and Spanish. The meeting will be livestreamed on the City’s Facebook page and free desserts will be provided to those who attend in person. To learn more and to submit questions in advance, visit www.cityofmesquite.com/TownHallTuesdays CITIZENS FORUM 1. Dr. Terri White, 505 Riggs Circle, expressed appreciation for the City’s transparency regarding zoning cases. 2. Holly Fisk, 4200 Woodbluff Drive, expressed concerns regarding escalating home appraisal values. 3. Tiffany Brown, 2944 Motley Drive, stated that she is the CEO and Founder of iLash Beauty University and provided an overview of the services provided. CITIZENS COMMENTS 1. Dr. Terri White, 505 Riggs Circle, spoke regarding Agenda Item No. 14 and stated that prairie plants occupy this site and requested the plants be preserved by moving them to a different location. 2. Kacey Simmons, 10079 South Beltline Road, spoke regarding Agenda Item No. 15 and stated that as the applicant, they have redesigned the proposed single-family subdivision concept plan. City of Mesquite, Texas Page 3 City Council Minutes - Final May 6, 2024 APPOINTMENTS FOR PERSONAL APPEARANCE 2 Receive update from representatives of Linebarger Goggan Blair & Sampson, LLP regarding the property tax assessor and collection transition to Dallas County. Cindy Smith, Director of Finance, introduced Peggy McCormick, Chief Deputy of the Dallas County Tax Office; and Mary Sue Daniel and Edward Lopez with Linebarger Goggan Blair & Sampson, LLP. Ms. Daniel and Mr. Lopez expressed gratitude for the City staff, Dallas County staff and all of the individuals that assisted with the property tax assessor and collection transition to Dallas County. Ms. McCormick announced that Mesquite citizens are now able to pay their property taxes at any Dallas County Tax Office. 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. Murden and approved unanimously. 3 Minutes of the regular City Council meeting held April 15, 2024. Approved on the Consent Agenda. 4 An ordinance amending Chapter 16 of the City Code to adopt a revised 2024 Water Conservation, and Water Resource and Emergency Management Plan as required by the Texas Commission on Environmental Quality and Texas Water Development Board. Approved on the Consent Agenda. Ordinance No. 5103, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING CHAPTER 16 (WATER AND LIQUID WASTE), ARTICLE I (IN GENERAL), TO REPEAL SEC. 16-12 IN ITS ENTIRETY AND REPLACE WITH NEW SEC. 16-12 (ADOPTION OF WATER CONSERVATION PLAN, AND THE WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN) FOR THE PURPOSE OF UPDATING SAID PLANS TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PLAN PURSUANT TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) GUIDELINES AND REQUIREMENTS; REPEALING ORDINANCE NO. 4691; AND PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5103 recorded in Ordinance Book No. 131.) 5 An ordinance amending Appendix D - Comprehensive Fee Schedule, Article XIV (Public Works) of the City Code revising fees regarding Public Works Engineering Inspections. Approved on the Consent Agenda. Ordinance No. 5104, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, City of Mesquite, Texas Page 4 City Council Minutes - Final May 6, 2024 AMENDING MESQUITE CITY CODE, APPENDIX D – COMPREHENSIVE FEE SCHEDULE, ARTICLE XIV (PUBLIC WORKS) BY DELETING SECTION 14-103 IN ITS ENTIRETY AND ADDING A NEW SECTION 14-103 (ENGINEERING INSPECTION FEE) THEREBY REVISING FEES REGARDING PUBLIC WORKS ENGINEERING INSPECTIONS FOR THE SOLE PURPOSE OF COMPLYING WITH HOUSE BILL NO. 3492; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5104 recorded in Ordinance Book No. 131.) 6 RFP No. 2024-031 - City of Mesquite Convention Center Roof Repair and Replacement. (Authorize the City Manager to finalize and execute a contract with SL Nabors Construction Management LLC, a Texas limited liability company, in the amount of $280,000.00.) Approved on the Consent Agenda. 7 Bid No. 2024-073 - Annual Landscape Maintenance of the TxDOT High Visibility Interchanges. (Authorize the City Manager to finalize and execute a contract with Yellowstone Landscaping Company in amount not to exceed $205,343.80. The term of this 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 annual appropriation of sufficient funds). Approved on the Consent Agenda. 8 Bid No. 2024-075 - Annual Supply of OEM Kenworth Parts and Labor. (Authorize the City Manager to finalize and execute a contract and any required documents with Texas Kenworth Company, LLC, dba MHC Kenworth, through BuyBoard Contract No. 723-23, in an amount not to exceed $300,000.00. The term of the contract is for a one-year period, with two additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 9 Bid No. 2024-089 - Annual Supply of Goodyear Tires, Tubes, Supplies and Equipment. (Staff recommends award to The Goodyear Tire and Rubber Company, through BuyBoard Contract No. 729-24, in the amount of $245,000.00. The term of this contract is for one year, with two additional one -year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 10 Bid No. 2024-091 - Annual Supply of Firestone Tires. (Staff recommends award to Southern Tire Mart, LLC, through BuyBoard Contract No. 729-24, in the amount of $175,000.00. The term of this contract is for one year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) City of Mesquite, Texas Page 5 City Council Minutes - Final May 6, 2024 Approved on the Consent Agenda. 11 Bid No. 2024-121 - Purchase of Explosive Ordnance Disposal (EOD) Bomb Squad Robot Replacement. (Staff recommends award to ICOR Technology, Inc., through GSA’s Cooperative Purchasing Program Contract No. GS-07F-0430V, in an amount not to exceed $145,915.67.) Approved on the Consent Agenda. 12 Authorize the City Manager to finalize, execute and administer an agreement with the Federal Highway Administration for Safe Street for All (SS4A) Grant to the City in the amount of $256,000.00 for the purpose of traffic safety improvements, and approve the contribution of City funds for this project in the amount of $64,000.00. Approved on the Consent Agenda. 13 Authorize the City Manager to finalize and execute an Interlocal Agreement between the City of Dallas and the Mesquite Police Department for participation in the Internet Crimes Against Children (ICAC) Task Force. Approved on the Consent Agenda. OTHER BUSINESS 14 Consider an application to allow fee in lieu of parkland dedication for the Wooded Lake Apartments, located at 1410 Wooded Lake Drive. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant has received zoning approval for a 288-unit multi-family development and has requested to pay a $441,440.64 fee in lieu of dedicating 5.24 acres of land for park purposes. Proctor Oates Park, a currently undeveloped park, is located northeast of the property directly across a utility right-of-way. Additional dedicated park land is not needed given that an existing park is within walking distance of the development. Mr. Casper moved to approve an application to allow fee in lieu of parkland dedication for the Wooded Lake Apartments, located at 1410 Wooded Lake Drive. Motion was seconded by Mr. Green and approved unanimously. 15 Consideration of a motion to reconsider City Council action taken on April 1, 2024, denying 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 15-lot single-family subdivision, located at 10079 South Belt Line Road. (No responses in favor and one in opposition were received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations. This item was denied at the April 1, 2024, City Council meeting.) Jeff Armstrong, Director of Planning and Development Services, stated that per City of Mesquite, Texas Page 6 City Council Minutes - Final May 6, 2024 Section 6.6 of the Mesquite City Council Rules of Procedure, a motion to reconsider is permitted to consider added information or a changed situation that has been discovered or developed since the taking of the vote. The motion to reconsider may only be made by a Councilmember who originally voted on the prevailing side on the item. In this case, the motion to deny was approved by Mayor Aleman and Councilmembers Boroughs, Rodriguez-Ross and Smith. Any motion for reconsideration can only be made by one of the four who voted to deny. If the motion to reconsider is successful for a rezoning application, actual reconsideration of the item may not occur until new notices have been issued to reopen the public hearing on the zoning application and the item is placed on the Council agenda. Mr. Armstrong stated that the applicant originally applied for a rezoning to construct a 15-lot subdivision, serviced by an irregular cul-de-sac on the property. The request included several modifications to the standard R-3, Single-family Residential zoning requirements, such as lot size, setbacks and screening materials. The applicant has provided a new concept plan, reducing the number of lots to 12 and creating a more traditional cul-de-sac. Each of the 12 lots would meet the minimum size requirements for lots in R-3 zoning and much more closely meet the R-3 setback requirements. Ms. Rodriguez-Ross moved to reconsider City Council action taken on April 1, 2024, denying 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 15-lot single-family subdivision, located at 10079 South Belt Line Road. Motion failed due to lack of a second. PUBLIC HEARINGS 19 Conduct a public hearing and consider a resolution of no objection for Palladium Bruton Road, LTD’s application to the Texas Department of Housing and Community Affairs (the “TDHCA”) for 2024 Non-Competitive 4% Housing Tax Credits for the construction of an approximately 288-unit affordable multifamily rental housing development located at 2255 West Bruton Road and authorizing the City Secretary to certify the resolution to the TDHCA. This Item was taken out of order. A public hearing was held to consider a resolution of no objection for Palladium Bruton Road, LTD's application to the Texas Department of Housing and Community Affairs at 2255 West Bruton Road. Cliff Keheley, City Manager, stated that on October 17, 2022, the Mesquite Housing Finance Corporation (Mesquite HFC) approved a resolution to support the Palladium Bruton Road projects intent to issue bonds for financing of a multi-family residential rental development. In February 2023, the Mesquite HFC approved Palladium Bruton Road’s request for a bond reservation before the Bond Review Board. In February 2024, Palladium was notified of the approval of their project and award of bond financing. The Mesquite HFC provided direction to move forward with the process for this project. As part of the process for the financing of the project, Palladium Bruton Road LTD is required to obtain a resolution of no objection for the award of the 4% Housing Tax Credits for this project. City of Mesquite, Texas Page 7 City Council Minutes - Final May 6, 2024 Applicant Kim Parker, Executive Director of Palladium USA International, Inc., stated that the multi-family development will have a total of 288 units and will provide affordable housing for families of four earning up to $62,000.00 per year. No one appeared regarding the proposed resolution. Mr. Boroughs moved to approve Resolution No. 19-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, OF NO OBJECTION FOR PALLADIUM BRUTON ROAD, LTD.’S APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (THE “TDHCA”) FOR 2024 NON-COMPETITIVE 4% HOUSING TAX CREDITS FOR THE CONSTRUCTION OF AN APPROXIMATELY 288-UNIT AFFORDABLE MULTI-FAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED AT 2255 WEST BRUTON ROAD; AND AUTHORIZING THE CITY SECRETARY TO CERTIFY THE RESOLUTION TO THE TDHCA. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 19-2024 recorded in Resolution Book No. 69.) 16 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0324-0355, submitted by Sharing Life, for a change of zoning from Commercial within the Town East Retail and Restaurant Area Overlay District to Commercial within the Town East Retail and Restaurant Area Overlay District with a Conditional Use Permit to allow outdoor storage and metal screening material, located at 3795 West Emporium Circle. (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 for Zoning Application No. Z0324-0355. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant, Sharing Life, recently relocated their facilities to the subject property. To allow for the various needs within the building, they would like to store pallets outdoors. The Town East Retail and Restaurant Area Overlay District (TERRA) prohibits outdoor storage except by Conditional Use Permit approval. In addition, the applicant has constructed a metal fence to screen the outdoor storage. The Zoning Ordinance does not allow metal as a screening material, however, the screening fence has already been constructed. Applicant Teresa Jackson, CEO and Founder of Sharing Life, introduced Jacob Taylor, Director of Operations, to brief the Council. Mr. Taylor stated that the 8-foot by 45-foot enclosure has the capacity to store approximately 200 pallets, which will be rotated out weekly. The property is monitored by 44 security cameras throughout the interior and exterior of the property. 1. Vivian Johnson, 4583 Live Oak Drive, expressed concerns regarding deterioration of the pallets that will be in storage. 2. Tammy Strong, 1713 Cool Springs Drive, expressed concerns regarding debris being thrown in the enclosure. 3. Holly Fisk, 4200 Woodbluff Drive, expressed concerns regarding security in and around the building. No others appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application No. Z0324-0355, as City of Mesquite, Texas Page 8 City Council Minutes - Final May 6, 2024 recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5105, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING CHAPTER 16 (WATER AND LIQUID WASTE), ARTICLE I (IN GENERAL), TO REPEAL SEC. 16-12 IN ITS ENTIRETY AND REPLACE WITH NEW SEC. 16-12 (ADOPTION OF WATER CONSERVATION PLAN, AND THE WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN) FOR THE PURPOSE OF UPDATING SAID PLANS TO PROMOTE RESPONSIBLE USE OF WATER AND TO PROVIDE FOR PENALTIES AND/OR THE DISCONNECTION OF WATER SERVICE FOR NONCOMPLIANCE WITH THE PLAN PURSUANT TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) GUIDELINES AND REQUIREMENTS; REPEALING ORDINANCE NO. 4691; AND PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 5105 recorded in Ordinance Book 131.) 17 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0224-0345, submitted by Emily Zoellner of Manhard Consulting, for a change of zoning from Commercial and R-2 Single-Family Residential to Planned Development - Commercial to allow an office warehouse development with modified development standards, located at 21900, 22000 and 22100 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. This item was postponed at the April 15, 2024, City Council meeting.) Mayor Alemán stated that this item has been withdrawn by the applicant and will not be considered at tonight's meeting. Any potential zoning change for this property must be resubmitted through the zoning process. He thanked residents who contacted Councilmembers regarding this matter. Mr. Boroughs expressed gratitude to fellow Councilmembers for postponing this item due to his absence at the April 15, 2024, City Council meeting and requested suggestions from citizens for future development of the property. 18 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-02, thereby revising Appendix C - Zoning Ordinance, Part 2 (Residential Districts) for the purpose of updating the City’s ordinances regarding parking requirements for multifamily residential development. (The Planning and Zoning Commission recommends approval of the zoning text amendment. This item was postponed at the April 15, 2024, City Council meeting.) A public hearing was held regarding Zoning Text Amendment No. 2024-02 Jeff Armstrong, Director of Planning and Development Services, stated that staff proposes amendments to the parking requirements for multifamily residential uses. The proposed amendments would base parking on the number of bedrooms in each unit and require additional spaces when within proximity to single-family homes, schools, and parks. The proposed amendments would also set a parking standard of 1.25 spaces per unit for age-restricted multifamily communities. City of Mesquite, Texas Page 9 City Council Minutes - Final May 6, 2024 No one appeared regarding the proposed Zoning Text Amendment No. 2024-02. Mr. Green moved to approve Zoning Text Amendment No. 2024-02, as recommended by the Planning and Zoning Commission, with modifications to Exhibit A, Section 2-501K.1.a.(1) as follows: (1) The number of parking spaces for standard multifamily developments shall be provided based on the number of bedrooms in each dwelling unit as follows: (a) Studio/Efficiency: 1 space per unit. Except when: (i) Studio/Efficiency unit ratio exceeds 10% of the total units: 1.25 spaces per unit. (ii) Studio/Efficiency unit ratio exceeds 20% of the total units: 1.5 spaces per unit. And to approve Ordinance No. 5106, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, REVISING THE MESQUITE CITY CODE BY MAKING A MESQUITE ZONING ORDINANCE TEXT AMENDMENT, ZTA NO. 2024-02, THEREBY REVISING APPENDIX C – ZONING ORDINANCE BY MAKING CERTAIN ADDITIONS AND DELETIONS TO SECTIONS CONTAINED IN PART 2 (RESIDENTIAL DISTRICTS) REGARDING MULTIFAMILY RESIDENTIAL PARKING STANDARDS FOR THE PURPOSE OF AMENDING SAID STANDARDS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE WITH A FINE NOT TO EXCEED $2,000; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Ms. Rodriguez-Ross and approved unanimously. (Ordinance No. 5106 recorded in Ordinance Book No. 131.) ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Murden and approved unanimously. The meeting adjourned at 8:40 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 10

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, May 6, 2024 5:30 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 May 6, 2024. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:30 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 Fred Bacon, Pastor, First Christian Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Small Business Community, Business Retention Task Force and other business leaders SPECIAL RECOGNITION 1 24-7178 Recognize Real. Texas. Service. Champions. City of Mesquite, Texas Page 1 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 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 2 24-7166 Receive update from representatives of Linebarger Goggan Blair & Sampson, LLP regarding the property tax assessor and collection transition to Dallas County. 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 24-7161 Minutes of the regular City Council meeting held April 15, 2024. Attachments: April 15, 2024, minutes 4 24-7159 An ordinance amending Chapter 16 of the City Code to adopt a revised 2024 Water Conservation, and Water Resource and Emergency Management Plan as required by the Texas Commission on Environmental Quality and Texas Water Development Board. Attachments: Ordinance 5 24-7173 An ordinance amending Appendix D - Comprehensive Fee Schedule, Article XIV (Public Works) of the City Code revising fees regarding Public Works Engineering Inspections. Attachments: Ordinance 6 24-7153 RFP No. 2024-031 - City of Mesquite Convention Center Roof Repair and City of Mesquite, Texas Page 2 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 Replacement. (Authorize the City Manager to finalize and execute a contract with SL Nabors Construction Management LLC, a Texas limited liability company, in the amount of $280,000.00.) Attachments: Proposal Proposal Evaluation Grading 7 24-7177 Bid No. 2024-073 - Annual Landscape Maintenance of the TxDOT High Visibility Interchanges. (Authorize the City Manager to finalize and execute a contract with Yellowstone Landscaping Company in amount not to exceed $205,343.80. The term of this 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 annual appropriation of sufficient funds). Attachments: Bid Tabulation Bid Evaluation Form 8 24-7152 Bid No. 2024-075 - Annual Supply of OEM Kenworth Parts and Labor. (Authorize the City Manager to finalize and execute a contract and any required documents with Texas Kenworth Company, LLC, dba MHC Kenworth, through BuyBoard Contract No. 723-23, in an amount not to exceed $300,000.00. The term of the contract is for a one-year period, with two additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) 9 24-7149 Bid No. 2024-089 - Annual Supply of Goodyear Tires, Tubes, Supplies and Equipment. (Staff recommends award to The Goodyear Tire and Rubber Company, through BuyBoard Contract No. 729-24, in the amount of $245,000.00. The term of this contract is for one year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Attachments: Goodyear Quote Goodyear Pricelist 10 24-7162 Bid No. 2024-091 - Annual Supply of Firestone Tires. (Staff recommends award to Southern Tire Mart, LLC, through BuyBoard Contract No. 729-24, in the amount of $175,000.00. The term of this contract is for one year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Attachments: Southern Tire Mart Quote Discounted Pricing List 11 24-7171 Bid No. 2024-121 - Purchase of Explosive Ordnance Disposal (EOD) Bomb City of Mesquite, Texas Page 3 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 Squad Robot Replacement. (Staff recommends award to ICOR Technology, Inc., through GSA’s Cooperative Purchasing Program Contract No. GS-07F-0430V, in an amount not to exceed $145,915.67.) Attachments: ICOR Quote 12 24-7179 Authorize the City Manager to finalize, execute and administer an agreement with the Federal Highway Administration for Safe Street for All (SS4A) Grant to the City in the amount of $256,000.00 for the purpose of traffic safety improvements, and approve the contribution of City funds for this project in the amount of $64,000.00. 13 24-7184 Authorize the City Manager to finalize and execute an Interlocal Agreement between the City of Dallas and the Mesquite Police Department for participation in the Internet Crimes Against Children (ICAC) Task Force. Attachments: Interlocal Agreement OTHER BUSINESS 14 24-7165 Consider an application to allow fee in lieu of parkland dedication for the Wooded Lake Apartments, located at 1410 Wooded Lake Drive. Attachments: Request letter Aerial Map and Concept Plan 15 24-7180 Consideration of a motion to reconsider City Council action taken on April 1, 2024, denying 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 were received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations. This item was denied at the April 1, 2024, City Council meeting.) Attachments: Request for Reconsideration Revised Concept Plan 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.) 16 24-7158 Conduct a public hearing and consider an ordinance for Zoning City of Mesquite, Texas Page 4 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 Application No. Z0324-0355, submitted by Sharing Life, for a change of zoning from Commercial within the Town East Retail and Restaurant Area Overlay District to Commercial within the Town East Retail and Restaurant Area Overlay District with a Conditional Use Permit to allow outdoor storage and metal screening material, located at 3795 West Emporium Circle. (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.) Attachments: Staff Report and Maps P&Z Minutes Ordinance 17 24-7163 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0345, submitted by Emily Zoellner of Manhard Consulting, for a change of zoning from Commercial and R-2 Single-Family Residential to Planned Development - Commercial to allow an office warehouse development with modified development standards, located at 21900, 22000 and 22100 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. This item was postponed at the April 15, 2024, City Council meeting.) Attachments: Staff Report and Maps P&Z Minutes Ordinance 18 24-7164 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-02, thereby revising Appendix C - Zoning Ordinance, Part 2 (Residential Districts) for the purpose of updating the City’s ordinances regarding parking requirements for multifamily residential development. (The Planning and Zoning Commission recommends approval of the zoning text amendment. This item was postponed at the April 15, 2024, City Council meeting.) Attachments: Staff Memo P&Z Minutes Ordinance 19 24-7183 Conduct a public hearing and consider a resolution of no objection for Palladium Bruton Road, LTD’s application to the Texas Department of Housing and Community Affairs (the “TDHCA”) for 2024 Non-Competitive 4% Housing Tax Credits for the construction of an approximately 288-unit City of Mesquite, Texas Page 5 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 affordable multifamily rental housing development located at 2255 West Bruton Road and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Resolution of No Objection 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. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 8. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 9. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 10. Avery Fuentes v. City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 11. 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 12. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 13. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668, filed in the 191st District Court, Dallas County, Texas, filed February 15, 2024; removed to the U.S. District Court for the Northern District Of Texas, Dallas Division, Civil Action No. 3:24-cv-00740-D, on March 28, 2024 14. Tijuana Richards v. Mesquite Parks and Recreation, Cause No. DC-24-03958, filed March 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. Economic Development City of Mesquite, Texas Page 6 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 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: 20 24-7174 Discuss economic development incentives for a business expansion at Samuell Boulevard. 21 24-7181 Discuss economic development incentives for a business considering expansion to Oates Drive and IH-635. 22 24-7182 Discuss economic development incentives for a prospective development on Bruton Road. 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 7 Monday, May 6, 2024 City Council Meeting Agenda May 6, 2024 City of Mesquite, Texas Page 8 Monday, May 6, 2024

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