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City Council

Regular Meeting

Mesquite, TX · June 3, 2024

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, June 3, 2024 4:30 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 - 4:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing from representatives of Godfrey’s Associates, Inc. Library Planners & Consultants regarding Library System Strategic Plan. 2 Receive briefing from STAR Transit regarding public transportation ridership numbers and service modification options. 3 Review Building Inspection and Development Processes CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:34 P.M. 4 Receive financial statements for the period October 1, 2023, through March 31, 2024. Cindy Smith, Director of Finance, presented financial statements for the period October 1, 2023, through March 31, 2024. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M. INVOCATION Archie Greer, Pastor, Trinity Christian Worship Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. City of Mesquite, Texas Page 1 City Council Minutes - Final June 3, 2024 SPECIAL ANNOUNCEMENTS 1. Mr. Murden stated that for the 34th year in a row, the City of Mesquite has been named a Tree City USA by the Arbor Day Foundation. Since 1988, Mesquite has planted more than 31,000 trees through the community through its Urban Forestry Program. He congratulated Director of Parks and Recreation Elizabeth Harrell and the Parks and Recreation staff for maintaining a thriving urban forest in Mesquite and increasing the quality of life for our residents. To learn more about the Tree City USA program, visit www.arborday.org/TreeCityUSA. 2. Mr. Murden invited residents to a District 6 Picnic on Saturday, June 8, 2024, 2024, at 11:00 a.m., at Rorie-Galloway Day Camp, 3100 Lawson Road. 3. Mr. Smith announced that the Family Fish event has been rescheduled for Saturday, June 15, 2024, from 9:00 a.m. to Noon, at City Lake Park, 200 Parkview Street. The first 100 children 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 or largest fish tournaments for prizes. City Lake Park is part of the Texas Parks and Wildlife Department ’s Neighborhood Fishin’ program, which means the lake is stocked several times per year with catfish and rainbow trout. 4. Mr. Boroughs stated that as we saw last week, severe weather can happen rapidly in North Texas . He encouraged citizens to sign up for Mesquite Alerts to receive real -time notifications with accurate, reliable information to keep you safe regarding emergencies, weather and news that pertains to your particular neighborhood. Alerts can be received via text message, recorded phone message or email . Contact information remains private and will only be used for community notifications. 5. Ms. Rodriguez-Ross encouraged citizens to visit the Farmers Market, every Saturday through November, from 9:00 a.m. to 1:00 p.m., at Front Street Station, 100 West Front Street. The Farmers Market offers a wide variety of local goods including artisanal items, locally grown produce, baked goods, bath and body products and more. Also at Front Street Station, the Off the Rails concert series will be held on Saturday nights in June. 6. Ms. Rodriguez-Ross invited citizens to attend a District 3 Picnic on Saturday, June 8, 2024, at 11:00 a.m., at the KidsQuest pavilion at DeBusk Park, 1625 Gross Road. 7. Mr. Green stated that the City of Mesquite and Sharing Life have launched the Annual Spread the Love Campaign to help feed children over the summer break, which will run through Labor Day, September 2, 2024. Residents are encouraged to donate jars of peanut butter and jelly, including alternative butters for children with nut allergies such as sunflower seed butter or pumpkin seed butter . The City of Mesquite collects food donations and Sharing Life distributes the products to families . Spread the Love donations are being collected at City Hall, Municipal Center, Mesquite Main Library and North Branch Library. 8. Mr. Casper announced that the next Teen Turnout will be held on Saturday, June 8, 2024, from 6:00 p.m. to 8:00 p.m., at Town East Pool, 2525 John Glenn Parkway. Teen Turnout is designed for students ages 12 – 17 and activities include music, games, open gym, food, crafts and more. 9. Mr. Casper stated that an event for teens ages 12 – 17, Epic Summer Experience, will be held every Tuesday night in July. The gatherings will be held from 6:00 p.m. to 8:00 p.m. at Terry Middle School, 2351 Edwards Church Road, on July 9, 2024, and July 23, 2024, and at Vanston Middle School, 3230 Karla Drive, on July 16, 2024, and July 30, 2024. Activities include music, games, open gym, food, crafts and more. 10. Mayor Alemán thanked residents for their patience as the City dealt with the aftermath of the powerful storms on Tuesday, May 28, 2024. City staff is working hard to pick up debris, which will take at least five to six weeks. He thanked employees of the Parks and Recreation Department, Streets Division, Utilities Division, Solid Waste Division, myMesquite Call Center, Police Department and Fire Department who were instrumental in storm cleanup and assistance. These employees put in extra time and effort to help keep residents and our City safe. City of Mesquite, Texas Page 2 City Council Minutes - Final June 3, 2024 11. Mayor Alemán stated that Summer Reading Club and Mesquite Mayor 1,000 Page Reading Challenge runs from June 1, 2024, to July 31, 2024, and includes prizes and fun along the way, ending with a pizza party for those who accomplish the 1,000-page goal. To sign up children ages 12 and under, visit www.cityofmesquite.com/Library. 12. Mayor Alemán congratulated Councilmembers Elizabeth Rodriguez-Ross and Brandon Murden for being named Leadership Fellows by the Texas Municipal League (TML). As members of the TML Leadership Academy, Ms. Rodriguez-Ross and Mr. Murden completed more than 30 hours of training over a two-month period in courses including ethics, communications and building trust. We are proud of their hard work and for earning this important recognition. 13. Mayor Alemán asked that citizens keep Mr. Smith and his family in their prayers as his brother-in-law recently passed away. CITIZENS FORUM 1. Lavar Watson, 626 Elderwood Loop, expressed support for mentoring young men in our community. 2. Don Parker, 507 Meadowcreek Dr., expressed concerns regarding Oncor. CONSENT AGENDA Approval of the Consent Agenda Mr. Boroughs requested that Item No. 6 be removed from the Consent Agenda to be considered separately. Mr. Green moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Casper and approved unanimously. 5 Minutes of the regular City Council meeting held May 20, 2024. Approved on the Consent Agenda. 7 An ordinance amending Ordinance No. 2021 and Resolution No. 28-93 and authorizing the City Manager to finalize and execute an Interlocal Agreement with the City of Balch Springs for providing wholesale wastewater service to specific Balch Springs service areas through both newly constructed and existing City of Mesquite wastewater systems. Approved on the Consent Agenda. Ordinance No. 5109, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING ORDINANCE NO. 2021 AND RESOLUTION NO. 28-93, AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BALCH SPRINGS FOR PROVIDING WHOLESALE WASTEWATER SERVICE TO SPECIFIC BALCH SPRINGS SERVICE AREAS; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5109 recorded in Ordinance Book No. 131.) 8 A resolution authorizing publication of Notice of Intention to issue Certificates of Obligation, approving the preparation of a preliminary official statement and a notice of sale, and providing for the effective date thereof. Approved on the Consent Agenda. City of Mesquite, Texas Page 3 City Council Minutes - Final June 3, 2024 Resolution No. 23-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND A NOTICE OF SALE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Resolution No. 23-2024 recorded in Resolution Book No. 69.) 9 A resolution adopting STAR Transit Public Transportation Agency Safety Plan (PTASP), as may be amended, applicable to all City of Mesquite public transit services. Approved on the Consent Agenda. Resolution No. 24-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING STAR TRANSIT PUBLIC TRANSPORTATION AGENCY SAFETY PLAN, AS MAY BE AMENDED, APPLICABLE TO ALL CITY OF MESQUITE PUBLIC TRANSIT SERVICES. (Resolution No. 24-2024 recorded in Resolution Book No. 69.) 10 A resolution authorizing the City Manager to finalize and execute a Project Specific Agreement (PSA) amending the Master Interlocal Agreement with Dallas County pertaining to Road and Bridge Transportation-Related Maintenance, Repairs, and Improvements to be performed on Oates Drive (Galloway Avenue to Gus Thomasson Road) within the City of Mesquite. Approved on the Consent Agenda. Resolution No. 25-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A PROJECT SPECIFIC AGREEMENT AMENDING THE MASTER INTERLOCAL AGREEMENT WITH DALLAS COUNTY PERTAINING TO ROAD AND BRIDGE TRANSPORTATION-RELATED MAINTENANCE, REPAIRS, AND IMPROVEMENTS TO BE PERFORMED ON OATES DRIVE (GALLOWAY AVENUE TO GUS THOMASSON ROAD) WITHIN THE CITY OF MESQUITE. (Resolution No. 25-2024 recorded in Resolution Book No. 69.) 11 A resolution approving the issuance of tax-exempt obligations by the Mesquite Housing Finance Corporation (MHFC) to finance the acquisition and construction of Wooded Lake Apartments by Wooded Lake Apartments, LTD. Approved on the Consent Agenda. Resolution No. 26-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE MESQUITE HOUSING FINANCE CORPORATION TO FINANCE THE ACQUISITION AND CONSTRUCTION OF WOODED LAKE APARTMENTS BY WOODED LAKE APARTMENTS LTD. (Resolution No. 26-2024 recorded in Resolution Book No. 69.) 12 A resolution approving the issuance of tax-exempt obligations by the Mesquite Housing Finance Corporation (MHFC) to finance the acquisition and construction of Palladium Carver Living by Palladium Bruton Road, LTD. Approved on the Consent Agenda. City of Mesquite, Texas Page 4 City Council Minutes - Final June 3, 2024 Resolution No. 27-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE MESQUITE HOUSING FINANCE CORPORATION TO FINANCE THE ACQUISITION AND CONSTRUCTION OF PALLADIUM CARVER LIVING BY PALLADIUM BRUTON ROAD, LTD. (Resolution No. 27-2024 recorded in Resolution Book No. 69.) 13 Bid No. 2024-113 - Purchase of Tactical Rifle Weapon Systems. (Staff recommends award to ProForce Marketing, Inc. dba Proforce Law Enforcement, in an amount not to exceed $178,611.89.) Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute Change Order No. 6 to Bid No. 2023-082, Utility Relocation for CSJ: 0095-10-033 (U.S. Highway 80 from Interstate Highway 30 to Gus Thomasson Road), with ANA Site Construction, LLC for additional services required in the total amount of $150,960.00. Approved on the Consent Agenda. 15 Receive the January 2024 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. CONSENT AGENDA ITEM(S) CONSIDERED SEPARATELY 6 An ordinance amending the budget for Fiscal Year 2023-24. Mr. Boroughs moved to postpone consideration of an ordinance amending the budget for Fiscal Year 2023-24, to a date uncertain. Motion was seconded by Mr. Murden and approved unanimously. END OF CONSENT AGENDA APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 16 Consider appointment of one Regular Member (Place No. 2) to the Historic Mesquite, Inc., Board of Directors for a term to expire December 31, 2026, and two Regular Members (Place Nos. 6 and 8) for terms to expire December 31, 2024. Mr. Green moved to appoint Dani Boepple as a Regular Member (Place No. 2) to the Historic Mesquite, Inc., Board of Directors for a term to expire December 31, 2026. Motion was seconded by Mr. Murden and approved unanimously. PUBLIC HEARINGS 17 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0224-0344, submitted by Provident Realty Advisors for a Comprehensive Plan amendment from Commercial to High-Density Residential and a change of zoning from Planned Development - Light Commercial (Ordinance No. 2102) to Planned Development - Multifamily Residential to allow a multifamily City of Mesquite, Texas Page 5 City Council Minutes - Final June 3, 2024 development with modifications to the development standards, located at 900 and 1000 Windbell Circle. (One response in favor and no responses 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. Z0224-0344. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes development of a 280-unit multifamily property. The development is a cooperative project with the Mesquite Housing Finance Corporation. The proposed development would include three buildings, two on the west side of Windbell Circle and one on the east side of the street. All buildings would be four stories in height. The unit mix will be 5 percent studio units maximum (14 units), 60 percent one-bedroom units minimum (168 units), 35 percent two-bedroom units maximum (98 units) and no three or more bedroom units. The Zoning Ordinance requires 462 parking spaces, which results in a ratio of 1.65 spaces per dwelling unit. The applicant is proposing 500 spaces, which is 1.7 spaces per unit. 40 parking spaces will be designated street parking along each side of Windbell Circle. Applicant John Hickman, representing Provident Realty Advisors, presented an overview of the proposed multifamily development and existing properties developed by Provident Realty Advisors. He stated that the buildings will have internal corridors with elevators to access the other floors along with pathways around the first floor exterior so that residents may enter the units from the patio. The target market for this development will be young teachers, first responders and other young mesquite workforce personnel. Mike Tolleson, 135 North Paschall Road, Sunnyvale, expressed support for the proposed application. No others appeared regarding the proposed application. Mr. Boroughs moved to approve Zoning Application No. Z0224-344, as recommended by the Planning and Zoning Commission, with modifications to Exhibit B, Section B. Development Standards, 3.ii.(3) as follows: 3. Maximum number of units with two (2) bedrooms: Thirty-five (35) percent of the total number of dwelling units. And to approve Ordinance No. 5110, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM COMMERCIAL TO HIGH-DENSITY RESIDENTIAL AND AMENDING THE MESQUITE ZONING ORDINANCE BY CHANGING THE ZONING FROM PLANNED DEVELOPMENT – LIGHT COMMERCIAL ORDINANCE NO. 2102 TO PLANNED DEVELOPMENT – MULTIFAMILY TO ALLOW A MULTIFAMILY DEVELOPMENT WITH 280 DWELLING UNITS WITH MODIFIED PLANNED DEVELOPMENT STANDARDS ON PROPERTY LOCATED AT 900 AND 1000 WINDBELL CIRCLE; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 5110 City of Mesquite, Texas Page 6 City Council Minutes - Final June 3, 2024 recorded in Ordinance Book No. 131.) 18 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0324-0351, submitted by Maxwell Fisher of ZoneDev on behalf of Palladium USA International, Inc., for a Comprehensive Plan amendment from Neighborhood Retail to High-Density Residential and a change of zoning from R-3, Single-family Residential within Sherwood Forest Overlay to Planned Development - Multifamily Residential within the Sherwood Forest Overlay to allow a multifamily development with modifications to the development standards, located at 2255 West Bruton Road. (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. Z0324-0351. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes developing a 288-unit multifamily property and seeking 4% tax credits for this project. The proposed development would include one 4-story building. The proposed unit mix will be 54 percent one-bedroom units minimum (86 units), 30 percent two-bedroom units maximum (156 units) and 16 percent three or more bedroom units maximum (46 units). The Zoning Ordinance requires 533 parking spaces, resulting in a ratio of 1.85 spaces per dwelling unit. The applicant is proposing 515 spaces, which is 1.79 spaces per unit. Applicant, Maxwell Fisher, representing ZoneDev on behalf of Palladium USA International, Inc., presented an overview of the proposed development. The developer reduced the number of units from 300 to 288 and reduced the number of apartment buildings to one four-story, elevator operated building. Palladium will provide programs to enhance residents' lives such as resume building classes, financial literacy classes, after school programs, home ownership classes, and health and wellness programs. They will also partner with operation community care to provide a fully stocked market pantry for residents. No one appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application No. Z0324-0351, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5111, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM NEIGHBORHOOD RETAIL TO HIGH-DENSITY RESIDENTIAL AND AMENDING THE MESQUITE ZONING ORDINANCE BY CHANGING THE ZONING FROM SINGLE FAMILY RESIDENTIAL, R-3 ZONING DISTRICT WITHIN THE SHERWOOD FOREST OVERLAY DISTRICT TO PLANNED DEVELOPMENT – MULTIFAMILY WITHIN THE SHERWOOD FOREST OVERLAY DISTRICT TO ALLOW A MULTIFAMILY DEVELOPMENT WITH 288 DWELLING UNITS WITH MODIFIED PLANNED DEVELOPMENT STANDARDS ON PROPERTY LOCATED AT 2255 WEST BRUTON 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. Boroughs and approved unanimously. (Ordinance No. 5111 recorded in Ordinance Book No. 131.) City of Mesquite, Texas Page 7 City Council Minutes - Final June 3, 2024 19 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0424-0359, submitted by Javier Ruiz, for a change of zoning from Central Business to Central Business with a Conditional Use Permit to allow used motor vehicle sales, located at 611 West Davis Street. (One response in favor and two 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. Z0424-0359. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to operate a used car dealership on the property. The existing building has been condemned, but a Court order has been issued with several extensions to allow the owner to repair the building. To date, no repairs have been done. The use is not consistent with recommendations of the Comprehensive Plan nor with public input received during the ongoing Downtown Overlay project. Although used car dealerships exist in the area, adding another dealership perpetuates a use contrary to downtown redevelopment's goals and the Comprehensive Plan. Applicant Javier Ruiz presented photos of the current condemned building and the proposed new building structure. Vivian Johnson, 4538 Live Oak Drive, expressed support for the proposed application. No others appeared regarding the proposed application. Mr. Boroughs moved to deny Zoning Application No. Z0424-0359. Motion was seconded by Mr. Murden and approved unanimously. 20 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Chapter 380 Agreement for such purposes with Harmon, Inc., for the lease and occupation of the industrial park facility located at 2614 Big Town Boulevard, 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. 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 Harmon, Inc., for the lease and occupation of the industrial park facility located at 2614 Big Town Boulevard, Mesquite, Texas. Kim Buttram, Director of Economic Development, stated that Harmon, Inc., proposes to move from their existing location at 5351 Samuell Blvd., #400, Mesquite, Texas, to lease and occupy a new facility at 2614 Big Town Boulevard, Mesquite, Texas. The new building is approximately 212,000 square feet and is on the site of the previous Truck Stops of America, which was redeveloped in 2023, expanding Harmon’s footprint by an additional 77,000 square feet from their City of Mesquite, Texas Page 8 City Council Minutes - Final June 3, 2024 existing facility. Harmon plans to move the existing operations of unitized curtain wall (high-rise façade) glass unit manufacturing and assembly into the new facility by October 2, 2024, adding 80 new full-time employees (for a total of 200) by June 30, 2026. The proposed Chapter 380 Agreement requires Harmon to lease the facility for a term of at least seven years, receive a Certificate of Occupancy by October 2, 2024, and pay an average annual wage to existing and new employees of $57,200.00, which is the highest average wage agreement on record. The agreement also requires capital expenditures of $3.5 million in tenant improvements and $3.6 million in Business Personal Property (BPP) to qualify for the incentive. The proposed Agreement provides the Company a City-tax grant based upon 100-percent of Business Personal Property taxes paid annually for seven-years, estimated to be a total of and a not-to-exceed amount of $250,000.00. The grant is based upon existing and new BPP value. Applicant Dustin Hillard, Plant Manager, representing Harmon, Inc., stated that Harmon started business in 1949 and is the largest curtain wall manufacturer in the United States. He stated that Harmon received the Lone Star Safety Award and finished last year with an Accident Incident Rate of 1.08 with 3.00 being the national average. No one appeared regarding the proposed resolution. Mr. Green moved to approve Resolution No. 28-2024, 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 HARMON, INC., FOR THE LEASE AND OCCUPATION OF THE INDUSTRIAL PARK FACILITY LOCATED AT 2614 BIG TOWN BOULEVARD 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. 28-2024 recorded in Resolution Book No. 69.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:02 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. 21 – Discuss economic development incentives for a business expansion in the Trinity Pointe area of Mesquite in Kaufman County; and Item No. 22 - Discuss economic development incentives for a business at IH -635 and Rodeo Center Boulevard.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 9:25 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 9 City Council Minutes - Final June 3, 2024 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:25 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.074 of the Texas Government Code to consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other City employees (Annual review of City Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 10:33 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Smith and approved unanimously. The meeting adjourned at 10:33 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, June 3, 2024 4:30 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 June 3, 2024. PRE-MEETING - TRAINING ROOMS A&B - 4:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 24-7206 Receive briefing from representatives of Godfrey’s Associates, Inc. Library Planners & Consultants regarding Library System Strategic Plan. Attachments: Library Strategic Plan Draft Library Strategic Plan Draft with Appendices 2 24-7156 Receive briefing from STAR Transit regarding public transportation ridership numbers and service modification options. 3 24-7216 Review Building Inspection and Development Processes (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 - 4:30 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 4 24-7194 Receive financial statements for the period October 1, 2023, through March 31, 2024. City of Mesquite, Texas Page 1 Monday, June 3, 2024 City Council Meeting Agenda June 3, 2024 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Archie Greer, Pastor, Trinity Christian Worship Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.) 5 24-7201 Minutes of the regular City Council meeting held May 20, 2024. Attachments: May 20, 2024, minutes 6 24-7167 An ordinance amending the budget for Fiscal Year 2023-24. Attachments: Ordinance 7 24-7191 An ordinance amending Ordinance No. 2021 and Resolution No. 28-93 and authorizing the City Manager to finalize and execute an Interlocal Agreement with the City of Balch Springs for providing wholesale wastewater service to specific Balch Springs service areas through both City of Mesquite, Texas Page 2 Monday, June 3, 2024 City Council Meeting Agenda June 3, 2024 newly constructed and existing City of Mesquite wastewater systems. Attachments: Ordinance 8 24-7208 A resolution authorizing publication of Notice of Intention to issue Certificates of Obligation, approving the preparation of a preliminary official statement and a notice of sale, and providing for the effective date thereof. Attachments: Resolution Proposed Bond Projects 9 24-7157 A resolution adopting STAR Transit Public Transportation Agency Safety Plan (PTASP), as may be amended, applicable to all City of Mesquite public transit services. Attachments: STAR Transit Public Transportation Agency Safety Plan Resolution 10 24-7192 A resolution authorizing the City Manager to finalize and execute a Project Specific Agreement (PSA) amending the Master Interlocal Agreement with Dallas County pertaining to Road and Bridge Transportation-Related Maintenance, Repairs, and Improvements to be performed on Oates Drive (Galloway Avenue to Gus Thomasson Road) within the City of Mesquite. Attachments: Resolution 11 24-7212 A resolution approving the issuance of tax-exempt obligations by the Mesquite Housing Finance Corporation (MHFC) to finance the acquisition and construction of Wooded Lake Apartments by Wooded Lake Apartments, LTD. Attachments: Resolution 12 24-7213 A resolution approving the issuance of tax-exempt obligations by the Mesquite Housing Finance Corporation (MHFC) to finance the acquisition and construction of Palladium Carver Living by Palladium Bruton Road, LTD. Attachments: Resolution 13 24-7169 Bid No. 2024-113 - Purchase of Tactical Rifle Weapon Systems. (Staff recommends award to ProForce Marketing, Inc. dba Proforce Law Enforcement, in an amount not to exceed $178,611.89.) Attachments: Quote 14 24-7207 Authorize the City Manager to finalize and execute Change Order No. 6 to Bid No. 2023-082, Utility Relocation for CSJ: 0095-10-033 (U.S. Highway 80 from Interstate Highway 30 to Gus Thomasson Road), with ANA Site Construction, LLC for additional services required in the total amount of $150,960.00. City of Mesquite, Texas Page 3 Monday, June 3, 2024 City Council Meeting Agenda June 3, 2024 Attachments: Change Order No. 6 15 24-7202 Receive the January 2024 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. Attachments: January 2024, CIAC report CIAC Minutes APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 16 24-7203 Consider appointment of one Regular Member (Place No. 2) to the Historic Mesquite, Inc., Board of Directors for a term to expire December 31, 2026, and two Regular Members (Place Nos. 6 and 8) for terms to expire December 31, 2024. Attachments: List of Eligible Applicants 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.) 17 24-7200 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0344, submitted by Provident Realty Advisors for a Comprehensive Plan amendment from Commercial to High-Density Residential and a change of zoning from Planned Development - Light Commercial (Ordinance No. 2102) to Planned Development - Multifamily Residential to allow a multifamily development with modifications to the development standards, located at 900 and 1000 Windbell Circle. (One response in favor and no responses 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 18 24-7199 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0324-0351, submitted by Maxwell Fisher of ZoneDev on behalf of Palladium USA International, Inc., for a Comprehensive Plan amendment from Neighborhood Retail to High-Density Residential and a change of zoning from R-3, Single-family Residential within Sherwood Forest Overlay to Planned Development - Multifamily Residential within the Sherwood Forest Overlay to allow a multifamily development with modifications to the development standards, located at 2255 West Bruton Road. City of Mesquite, Texas Page 4 Monday, June 3, 2024 City Council Meeting Agenda June 3, 2024 (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 19 24-7198 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0424-0359, submitted by Javier Ruiz, for a change of zoning from Central Business to Central Business with a Conditional Use Permit to allow used motor vehicle sales, located at 611 West Davis Street. (One response in favor and two 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 20 24-7195 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Chapter 380 Agreement for such purposes with Harmon, Inc., for the lease and occupation of the industrial park facility located at 2614 Big Town Boulevard, 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. Attachments: Resolution 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 City of Mesquite, Texas Page 5 Monday, June 3, 2024 City Council Meeting Agenda June 3, 2024 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 – Filed 08-03-2022 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 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 Richardson 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. • Annual review of City Manager Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such a business prospect. The following subjects may be discussed: 21 24-7209 Discuss economic development incentives for a business expansion in the Trinity Pointe area of Mesquite in Kaufman County. 22 24-7211 Discuss economic development incentives for a business at IH-635 and Rodeo Center Boulevard. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. City of Mesquite, Texas Page 6 Monday, June 3, 2024 City Council Meeting Agenda June 3, 2024 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, June 3, 2024

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