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City Council

Regular Meeting

Mesquite, TX · July 15, 2024

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City of Mesquite, Texas Minutes - Final City Council Monday, July 15, 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 strategy and budget presentations from the Housing and Community Services, Economic Development, Solid Waste and Library Departments related to City Council strategic goals and objectives. The Finance Department budget presentation was not received. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:04 P.M. INVOCATION Jamie Starrett, Pastor, Lakepointe Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of Mesquite Metro AMBUCS. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that the deadline is fast approaching to apply to be part of Project LEAD. This program is co-hosted by the City of Mesquite and Mesquite Independent School District (MISD) and is designed for residents who are interested in learning about leadership. Those selected to participate will commit to attending four sessions. One of Project LEAD’s goals is to equip participants to serve on boards, commissions and organizations within the City and MISD as well as to develop future elected officials. Interested citizens can apply now through this Friday, July 19, 2024. To apply and learn more, please visit www.cityofmesquite.com/ProjectLead. City of Mesquite, Texas Page 1 City Council Minutes - Final July 15, 2024 2. Mr. Green thanked residents who recently provided input for the annual budget development process. Those survey results are important as City leadership moves forward with budget decisions for the next fiscal year. A Town Hall Meeting will be held on Tuesday, July 16, 2024, from 6:30 p.m. to 7:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. The meeting will feature details about City programs and services as well as a question and answer session regarding the budget. 3. Ms. Rodriguez-Ross invited citizens to the Annual Monarch Fest, presented by Keep Mesquite Beautiful, Inc. (KMB), on Saturday, July 20, 2024. This free, family friendly festival will be held at the Mesquite Arts Center, 1527 North Galloway Avenue, from 10:00 a.m. to 3:00 p.m. Monarch Fest will include a vendor market, concessions and food trucks, live entertainment, several demonstrations and face painting, and arts and crafts for kids. There will also be three contests: homemade cookie, homemade salsa and butterfly costume. And don’t miss the chance to see KMB’s new mascot. 4. Mr. Boroughs thanked the Police and Fire Departments for helping residents safely celebrate the July 4th holiday. Both departments conducted specialized patrols to monitor illegal fireworks usage and DWI concerns. Extra personnel were dispatched to areas with high call volume in previous years . Police Officers responded to 177 calls for service for firework reports and 40 calls for sounds of gunfire. More than 104 pounds of fireworks were confiscated and 10 handguns and four rifles were seized. Officers made nine DWI arrests. Also, the Police Department fireworks hotline received 295 calls. This helped to reduce the number of calls going to the 9-1-1 communications center and kept phone lines open for emergency calls. The Fire Department had one call for a grass fire related to fireworks and two calls related to firework explosions that did not cause fires. No injuries were reported due to fireworks or gunfire. He thanked the Police Department, Fire Department and Call Center personnel for making it a safe and enjoyable holiday. 5. Mr. Smith stated that the Mesquite Police Department (MPD) wants to partner with residents to solve crimes. Many properties in the City currently operate private surveillance systems. The MPD is asking residents and businesses to register their surveillance cameras to assist in investigations. In the event that a crime occurs near their property, those who have registered through this program will receive an email notifying them and requesting access to video footage for investigative purposes . This allows officers to more quickly identify suspects and other pertinent information to solve crimes . The Police Department will not have direct access to residents’ surveillance system. Footage will be requested in the event of an incident. To register your surveillance cameras, visit www.cityofmesquite.com/CommunityPolicing and click on “Community Video Cameras Partnership.” 6. Mr. Smith stated that Pastors Shaun and Marian Rabb invite citizens and their children to attend a Back-to-School Rally on Saturday, July 20, 2024, at New Light Church, 1300 South Beltline Road, from 9:00 a.m. to 12:00 p.m. Free backpacks and school supplies will be distributed. There will also be food, games and prizes. Free immunizations and health screenings will also be offered. 7. Mr. Smith expressed appreciation to the City of Mesquite Dispatcher and Paramedics who responded to a recent 911 call regarding his friend who was having a stroke. He thanked them for their quick response and knowledge that helped save his friend’s life. 8. Mr. Murden announced that July is National Park and Recreation Month and the Mesquite Parks and Recreation Department has a lot of fun events for all ages planned. Special events include a pop-up event for pets and people on Saturday, July 20, 2024. A free doggie playdate will be held from 9:00 a.m. to 11:00 a.m. at the Leash Free Zone at Copeland Park, 2250 Creek Crossing Road. This family friendly event will include free puppuccinos for dogs while supplies last. The Leash Free Zone has a dedicated area for dogs 30 pounds and under as well as another area for dogs of all sizes. 9. Mayor Alemán stated that the support and patience of all residents is truly appreciated during the cleanup process after the May 28, 2024, storm. City crews have completed the first sweep. The second sweep started Saturday and will go north to south to collect both storm debris and bulk items . As of last week, crews had collected more than 8,500 tons of storm debris in the past seven weeks. That’s more than the City usually collects in an entire summer. It has been a massive effort, and their dedication and hard work are greatly appreciated. Residents can help speed up the process by City of Mesquite, Texas Page 2 City Council Minutes - Final July 15, 2024 separating bulk trash and other materials from the brush, making sure vehicles are not blocking brush piles, monitoring brush piles so that they do not block the street and by remembering you can take vegetative debris and bulk items to the City’s Convenience Center, 3550 Lawson Road. 10. Mayor Alemán stated that the first Epic Summer Experience was held this past Tuesday night with almost 100 teenagers present. The Epic Summer Experience provides youth ages 12 – 17 with an opportunity to have fun and enjoy free activities and food with their friends in a safe environment. This event takes place every Tuesday night in July from 6:00 p.m. to 8:00 p.m. The next gathering will be at Vanston Middle School, 3230 Karla Drive, on July 16, 2024, then at Terry Middle School, 2351 Edwards Church Drive, on July 23, 2024, and back at Vanston Middle School on July 30, 2024. He recognized Director of Parks and Recreation Elizabeth Harrell for her dedication to this program. 11. Mayor Alemán stated that two weeks ago, a citizen was mowing his lawn and collapsed. A Mesquite Police Officer happened to be patrolling in the area and saw him lying on the lawn. The officer immediately began rendering aid and was able to revive him. He stated that this is an example of the type of Police Officers we are fortunate to have in Mesquite. 12. Mayor Alemán expressed appreciation to the Mesquite Police Department, along with the Dallas FBI, for recently solving a 10-year old aggravated sexual assault case. CITIZENS FORUM 1. David Campos, 3902 Towne Crossing Boulevard, spoke regarding the mental health crisis in communities. 2. Monica Evans, 1758 Chandlers Landing, thanked Councilmember Brandon Murden and Police Chief David Gill for resolving issues in her neighborhood. 3. Debbie David, Horseshoe Bend, suggested various improvements in the community and thanked Assistant City Manager Raymond Rivas and Solid Waste employees Tim Fuller and Ronald Aldridge for helping to resolve a recent issue. 4. Jason Hernandez, 1033 Burnet Drive, expressed appreciation for courtesy notifications being sent to residents regarding zoning cases. 5. Lupe Valdez, 1754 Chandlers Landing, expressed concerns regarding issues at Brandy Station Park. CONSENT AGENDA Approval of the Consent Agenda Mr. Casper moved to approve the items on the Consent Agenda as follows. Motion was seconded by Mr. Green and approved unanimously. 2 Minutes of the regular City Council meeting held July 1, 2024. Approved on the Consent Agenda. 3 A resolution authorizing the City Manager to finalize and execute an Agreement with the State of Texas through the Texas Department of Transportation (TxDOT) for the furnishing of traffic signal equipment by a municipality at the intersection of US Highway 80 at Belt Line Road and providing for a maximum reimbursement by the State to the City in the sum of $48,760.00. Approved on the Consent Agenda. Resolution No. 31-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND City of Mesquite, Texas Page 3 City Council Minutes - Final July 15, 2024 EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT BY A MUNICIPALITY AT THE INTERSECTION OF US 80 AT BELT LINE ROAD, AND PROVIDING FOR A MAXIMUM REIMBURSEMENT BY THE STATE TO THE CITY IN THE SUM OF $48,760.00. (Resolution No. 31-2024 recorded in Resolution Book No. 69.) 4 RFP No. 2024-024 - Annual Billing Services for False Alarms. (Authorize the City Manager to execute a contract with CentralSquare Technologies, LLC, utilizing the CryWolf False Alarm Management Solution, for a revenue share percentage of 14 percent of total alarm revenue. The term of the contract is for a one-year period, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 5 RFP No. 2024-127 - Westlake Skate Park: Site Improvements. (Authorize the City Manager to finalize and execute a contract with PBS Construction, LLC, in the amount of $297,737.14.) Approved on the Consent Agenda. 6 Bid No. 2024-130 - Purchase of 8240FF 75 P-Tier Excavator with Bucket for Streets Division. (Staff recommends award to RDO Equipment Company, through Sourcewell Contract No. 011723-JDC, in an amount not to exceed $109,505.80.) Approved on the Consent Agenda. 7 Authorize the City Manager to finalize and execute Change Order Nos. 1 and 2 to Bid No. 2023-040, Construction Manager-at-Risk Services for the Construction of the Mesquite Animal Shelter and Adoption Center Addition, with Falkenberg Construction Company, Inc., for additional services required in the total amount of $249,643.44. Approved on the Consent Agenda. 8 Ratification for the total expenditure of $1,340,652.00, without competitive bidding, for the emergency repair and replacement of the sewer trunk line that serves Peachtree Plaza and authorizing payment to North Texas Contracting, Inc. for such repairs. Approved on the Consent Agenda. END OF CONSENT AGENDA CONSIDERATION OF RESOLUTION 9 Consider a resolution approving the Mesquite Quality of Life Corporation budget for Fiscal Year 2024-25. Kim Buttram, Director of Economic Development, introduced Nadine Ward, President of the Mesquite Quality of Life Corporation (MQOLC), who presented City of Mesquite, Texas Page 4 City Council Minutes - Final July 15, 2024 the MQOLC budget for Fiscal Year 2024-25. Mr. Green moved to approve Resolution No. 32-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE MESQUITE QUALITY OF LIFE CORPORATION BUDGET FOR THE FISCAL YEAR 2024-25; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 32-2024 recorded in Resolution Book No. 69.) PUBLIC HEARINGS 10 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2024-25 budget. A public hearing was held to receive citizen input on the proposed Fiscal Year 2024-25 budget. Geneva Mendez, Manager of Budget and Treasury, stated that this is the second of three public hearings regarding the Fiscal Year 2024-2025 budget. The State of Texas requires one public hearing. However, the City of Mesquite has typically offered multiple public hearings to receive citizen input. The first public hearing was held on July 1, 2024. She reminded residents that a Government Transparency button can be found on the main landing page of the City website that offers access to most City financial information. Detailed schedules for the proposed budget will be available on the City’s website by Friday, July 19, 2024. The third and final budget public hearing will be held at the Monday, August 5, 2024, City Council meeting. Ron Ward, 430 Running Brook Lane, suggested a letter be mailed to citizens from the Mayor and City Manager regarding budget details. No others appeared regarding the proposed Fiscal Year 2024-25 budget. 11 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 by and between the City of Mesquite and Hithium Tech USA, Inc., 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 Chapter 380 Agreement with Hithium Tech USA, Inc. Kim Buttram, Director of Economic Development, stated that Hithium Tech USA, Inc., proposes to lease and occupy a newly constructed facility (Building 5) at 12905 FM 2932, Mesquite, Texas, which is owned by Stream Realty Partners. The approximately 483,874-square-foot building sits on an approximately 27.494-acre tract in the 20 East Trinity Pointe business park located in Kaufman County. Ms. Buttram stated that Hithium is the fifth-largest producer in the world of stationary energy storage products for energy project developers used for City of Mesquite, Texas Page 5 City Council Minutes - Final July 15, 2024 facilities such as hospitals, schools, municipal grids, and other commercial and industrial customers with offices and facilities located globally on three continents. The tenth production site for Hithium in Mesquite, Texas, would be the first North American manufacturing plant location. Hithium currently has United States based offices in New York, California, and Houston, Texas. Ms. Buttram stated that the pending Chapter 380 Agreement requires the company to make a capital investment of at least $80 million in Real and Business Personal Property (BPP), lease 100 percent of the facility for a minimum of ten years, begin operations by March 31, 2025, and meet employment thresholds to qualify for a 50 percent rebate of Real Property taxes paid to the City and 75 percent rebate of BPP taxes paid to the City for 10 years with not-to-exceed maximum incentives in place. An additional $20 million investment in equipment and power upgrades to the site are also eligible for the rebate of property taxes if completed by December 31, 2026. Ms. Buttram stated that the employment thresholds Hithium must reach include a minimum full-time job requirement each year over a five-year period, meeting at least 140 full-time jobs by the end of year five, paying an average wage of at least $47,840.00 in year one up to $52,276.00 by year five, to qualify for up to $1.5 million in total tax rebate grants. Hithium can qualify for up to $2.5 million in total tax rebate grants if the average wage at any time reaches a higher threshold of $49,275.00 in year one up to $53,844.00 in year five. Applicant James Boswell, General Manager of North America Manufacturing Operations for Hithium Tech USA, Inc., provided an overview of the company. He stated that this facility will be a highly automated, high-tech operation and is a $100 million investment. 1. Debbie David, Horseshoe Bend, expressed concerns regarding the facility being located near the Trinity River. 2. Vivian Johnson, 4538 Live Oak Drive, expressed support for the resolution. No others appeared regarding the proposed resolution. Mr. Casper moved to approve Resolution No. 33-2024, 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 BY AND BETWEEN THE CITY OF MESQUITE AND HITHIUM TECH USA, INC.; AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT, AND ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Green. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Green, Alemán, Rodriguez-Ross, Murden, Boroughs Nayes: Smith Motion carried. (Resolution No. 33-2024 recorded in Resolution Book No. 69.) 12 Conduct a public hearing and consider a resolution approving the terms and City of Mesquite, Texas Page 6 City Council Minutes - Final July 15, 2024 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 by and between the City of Mesquite and United Parcel Service, Inc., (UPS) for building improvements and equipment upgrades to the industrial facility located at 4200 Samuell 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 Chapter 380 Agreement with United Parcel Service, Inc., (UPS) for building improvements and equipment upgrades to the industrial facility located at 4200 Samuell Boulevard. Kim Buttram, Director of Economic Development, stated that United Parcel Service, Inc., (UPS) proposes to add $10 million in facility improvements by October 31, 2025, and $128 million in Business Personal Property (BPP) improvements by December 31, 2025, for a total of a $138 million capital investment, to modernize the 332,000-square-foot Mesquite facility which has been in operation in Mesquite for more than 25 years and is the City’s second largest private employer. Ms. Buttram stated that the proposed agreement provides UPS a 50-percent BPP property tax grant (rebate) on new revenue resulting from an increased taxable value on the Dallas Central Appraisal District (DCAD) tax rolls over the base year of 2024. The current taxable value of UPS is $51.1 million; no incentives will be paid on the taxable value prior to January 1, 2025. UPS is required to maintain a lease and operations through the term of the agreement. Applicant Forrest Waits, UPS Airline Tax Director, stated that the facility improvements at UPS will create no negative impact on full-time employees. He stated that operations must become more automated in order for UPS to stay competitive and continue to grow. Applicant Amy Parent, UPS Engineer, stated that plans include removing most of the existing conveyor system and installing new automated conveyors. This will increase the capacity of the sortation system by approximately 3,000 pieces per hour for large packages and approximately 3,000 pieces per hour for small packages. Jason Hernandez, 1033 Burnet Drive, expressed concerns regarding the future of part-time employees. No others appeared regarding the proposed resolution. Mr. Green moved to approve Resolution No. 34-2024, 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 BY AND BETWEEN THE CITY OF MESQUITE AND UNITED PARCEL SERVICE, INC., FOR BUILDING IMPROVEMENTS AND EQUIPMENT UPGRADES City of Mesquite, Texas Page 7 City Council Minutes - Final July 15, 2024 TO THE INDUSTRIAL FACILITY LOCATED AT 4200 SAMUELL 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. 34-2024 recorded in Resolution Book No. 69.) 13 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 and Economic Development Program Chapter 380 Agreement for such purposes by and between the City of Mesquite and Palladium Bruton Road, Ltd., for the construction of an approximately 288-unit affordable multifamily rental housing complex to be located at 2255 West Bruton Road in 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 Chapter 380 Agreement with Palladium Bruton Road, Ltd., for the construction of an approximately 288-unit affordable multifamily rental housing complex to be located at 2255 West Bruton Road. Cliff Keheley, City Manager, stated that Palladium Bruton Road, Ltd., proposes to construct a 288-unit multifamily housing complex at 2255 West Bruton Road. In partnership with the Mesquite Housing Finance Corporation, this complex will meet the need of affordable housing for the community. Mr. Keheley stated that Palladium’s project received zoning approval from the City Council on June 3, 2024, and is in the process of completing required financing and other requirements to receive Texas Department of Housing and Community Affairs bond financing. Mr. Keheley stated that as part of the project approval, the City requested Palladium participate in improvements to the intersection at Bruton/Sam Houston/Peachtree Roads. Palladium has proposed a funding structure that includes a grant from Dallas County and commitments of funding from other sources to contribute to the future project. Through the agreement, the City is proposing the rebate of water and sewer impact fees and a reduction in the parkland dedication fee for funds to be directed to the intersection improvements. Additionally, the City is committing the use of roadway impact fees paid by Palladium to be specifically used for intersection improvements. Mr. Keheley stated that in addition to the intersection project, Palladium has requested to utilize the City’s existing drainage facility between Sam Houston Road and Peachtree Road to construct additional drainage capacity for their project. Through the agreement, Palladium will be responsible for the construction of the improvements and all improvements must meet the City’s Engineering Design Standards and the City’s Drainage Ordinance. Absent these improvements, Palladium’s site would not be large enough to sufficiently accommodate the City’s drainage requirements. City of Mesquite, Texas Page 8 City Council Minutes - Final July 15, 2024 Applicant Tom Huth, President and Chief Executive Officer of Palladium USA International, Inc., stated that this project is a 288-unit multifamily housing complex with a total cost of over $77 million. Jason Hernandez, 1033 Burnet Drive, expressed concerns regarding adding additional rental properties in the City. No others appeared regarding the proposed resolution. Mr. Boroughs moved to approve Resolution No. 35-2024, 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, EXECUTE, AND ADMINISTER AN ECONOMIC DEVELOPMENT PROGRAM CHAPTER 380 AGREEMENT FOR SUCH PURPOSES BY AND BETWEEN THE CITY OF MESQUITE AND PALLADIUM BRUTON ROAD, LTD., FOR THE CONSTRUCTION OF AN APPROXIMATELY 288 UNIT AFFORDABLE MULTIFAMILY RENTAL HOUSING COMPLEX TO BE LOCATED AT 2255 WEST BRUTON ROAD IN 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. 35-2024 recorded in Resolution Book No. 69.) 14 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0224-0346, submitted by Maxwell Fisher of ZoneDev on behalf of Palladium USA International, Inc., for a change of zoning from General Retail to Planned Development - Multifamily Residential with modifications to the development standards to allow an age-restricted multifamily development, located at 2910 Motley Drive. (One response 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. Z0224-0346. Jeff Armstrong, Director of Planning and Development Services stated that the applicant proposes to develop a 133-unit age restricted multifamily structure on the subject property. Residents will be restricted to those 62 years of age and older. This is a project approved for 9% tax credits by the Texas Department of Housing and Community Affairs (TDHCA). In February 2024, the City Council provided a resolution of support for the project. Mr. Armstrong stated that amenities include a great room/hospitality room, fitness room, business center, multi-purpose theater, multi-purpose library, outdoor courtyards and a community garden. He stated that the applicant is awaiting award of tax credits from the TDHCA and has requested that the item be postponed. Applicant Kim Parker, Executive Director of Palladium USA International, Inc., stated that additional amenities include a pickleball court and a covered dog park with a pet rinse station. The fire lane is being moved approximately 10 feet to City of Mesquite, Texas Page 9 City Council Minutes - Final July 15, 2024 preserve the tree line between the development and the residential properties. 1. Raju Varghese, 2944 Motley Dr., stated that he owns property near the development and expressed concerns regarding the type of screening that will abut his property. 2. Tammy Strong, 1713 Cool Springs Drive, expressed support for the application. No others appeared regarding the proposed application. Mr. Green moved to keep the public hearing open and postpone consideration of Zoning Application No. Z0224-0346 to the August 5, 2024, City Council meeting. Motion was seconded by Mr. Murden and approved unanimously. 15 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0324-0354, submitted by Naresh Patel, for a Comprehensive Plan amendment from Office to Light Industrial and a change of zoning from Planned Development - Light Commercial (Ordinance No. 2124) to Planned Development - Industrial to allow a flex office and warehouse development, located at 1202 Interstate Highway 30. (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. Z0324-0354. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes the development of a 22,040-square-foot building on the 2.52-acre tract. The intent of the development is to provide small to medium-sized spaces that are not available in the adjacent Urban Park 30 development. The proposed building could be leased by one tenant or divided into smaller spaces for multiple tenants. The applicant was not present at tonight’s meeting. No one appeared regarding the proposed application. Mr. Casper moved to keep the public hearing open and postpone consideration of Zoning Application No. Z0324-0354 to the August 5, 2024, City Council meeting. Motion was seconded by Mr. Boroughs and approved unanimously. 16 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0424-0358, submitted by Majed Khalaf, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a towing company with primary outdoor storage, located at 2425 Edinburgh 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. Z0424-0358. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to locate a towing business on the property. If approved, the property would be improved to include a 474-square-foot building, paved parking City of Mesquite, Texas Page 10 City Council Minutes - Final July 15, 2024 and vehicle storage, landscaping and all other development requirements. Mr. Armstrong stated that there is no Certificate of Occupancy for the property. However, the property has been used for outdoor vehicle storage. He stated that the outdoor storage is required to be screened from the public right-of-way by a minimum six-foot-tall wood or masonry fence. The screening wall will be set back at least 25 feet and will be gated. Applicant Firas Alrousan stated that the development will include a masonry building and screening wall with gated access. He stated that when he purchased the property, he assumed vehicle storage, in conjunction with a towing company, was allowed on the property. Recently, he was advised by City staff that the property must be brought into compliance with City requirements. 1. Vivian Johnson, 4538 Live Oak Drive, expressed concerns regarding increased traffic in the area. 2. Tammy Strong, 1713 Cool Springs Drive, had questions regarding the current business operations on the property. No others appeared regarding the proposed application. Ms. Rodrigues-Ross moved to deny Application No. Z0424-0358. Motion was seconded by Mr. Murden. On call for a vote on the motion, the following votes were cast: Ayes: Rodriguez-Ross, Murden Nayes: Alemán, Smith, Casper, Boroughs, Green Motion failed. Mr. Green moved to approve Application No. Z0424-0358, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5117, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE (MZO) BY CHANGING THE ZONING FROM COMMERCIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 2425 EDINBURGH STREET TO ALLOW A TOWING COMPANY WITH PRIMARY OUTDOOR STORAGE THAT MUST MEET ALL REQUIRED CONDITIONS SET FORTH IN 3-603.B – OUTDOOR STORAGE OF THE MZO; 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. On call for a vote on the motion, following votes were cast: Ayes: Green, Boroughs, Alemán, Smith, Casper Nayes: Rodriguez-Ross, Murden Motion carried. (Ordinance No. 5117 recorded in Ordinance Book No. 131.) City of Mesquite, Texas Page 11 City Council Minutes - Final July 15, 2024 ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Green and approved unanimously. The meeting adjourned at 10:02 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 12

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, July 15, 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 July 15, 2024. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 24-7257 Receive departmental strategy and budget presentations from the Housing and Community Services, Economic Development, Solid Waste, Library and Finance Departments related to City Council strategic goals and objectives. (Any staff presentation not completed prior to the City Council Regular Meeting in the City Council Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular Meeting.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Jamie Starrett, Pastor, Lakepointe Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City of Mesquite, Texas Page 1 Monday, July 15, 2024 City Council Meeting Agenda July 15, 2024 Members of Mesquite Metro AMBUCS. 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.) 2 24-7261 Minutes of the regular City Council meeting held July 1, 2024. Attachments: July 1, 2024, minutes 3 24-7252 A resolution authorizing the City Manager to finalize and execute an Agreement with the State of Texas through the Texas Department of Transportation (TxDOT) for the furnishing of traffic signal equipment by a municipality at the intersection of US Highway 80 at Belt Line Road and providing for a maximum reimbursement by the State to the City in the sum of $48,760.00. Attachments: Resolution 4 24-7232 RFP No. 2024-024 - Annual Billing Services for False Alarms. (Authorize the City Manager to execute a contract with CentralSquare Technologies, LLC, utilizing the CryWolf False Alarm Management Solution, for a revenue share percentage of 14 percent of total alarm revenue. The term of the contract is for a one-year period, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) City of Mesquite, Texas Page 2 Monday, July 15, 2024 City Council Meeting Agenda July 15, 2024 5 24-7265 RFP No. 2024-127 - Westlake Skate Park: Site Improvements. (Authorize the City Manager to finalize and execute a contract with PBS Construction, LLC, in the amount of $297,737.14.) Attachments: Exhibit Evaluation Matrix 6 24-7264 Bid No. 2024-130 - Purchase of 8240FF 75 P-Tier Excavator with Bucket for Streets Division. (Staff recommends award to RDO Equipment Company, through Sourcewell Contract No. 011723-JDC, in an amount not to exceed $109,505.80.) Attachments: Quote Photo 7 24-7270 Authorize the City Manager to finalize and execute Change Order Nos. 1 and 2 to Bid No. 2023-040, Construction Manager-at-Risk Services for the Construction of the Mesquite Animal Shelter and Adoption Center Addition, with Falkenberg Construction Company, Inc., for additional services required in the total amount of $249,643.44. Attachments: Change Order No. 1 Change Order No. 2 8 24-7266 Ratification for the total expenditure of $1,340,652.00, without competitive bidding, for the emergency repair and replacement of the sewer trunk line that serves Peachtree Plaza and authorizing payment to North Texas Contracting, Inc. for such repairs. CONSIDERATION OF RESOLUTION 9 24-7253 Consider a resolution approving the Mesquite Quality of Life Corporation budget for Fiscal Year 2024-25. Attachments: Resolution MQOLC Resolution No. 2024-08 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.) 10 24-7255 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2024-25 budget. 11 24-7011 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 City of Mesquite, Texas Page 3 Monday, July 15, 2024 City Council Meeting Agenda July 15, 2024 Manager to finalize and execute an Economic Development Program Chapter 380 Agreement for such purposes by and between the City of Mesquite and Hithium Tech USA, Inc., 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 12 24-7254 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 by and between the City of Mesquite and United Parcel Service, Inc., (UPS) for building improvements and equipment upgrades to the industrial facility located at 4200 Samuell 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 13 24-7272 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 and Economic Development Program Chapter 380 Agreement for such purposes by and between the City of Mesquite and Palladium Bruton Road, Ltd., for the construction of an approximately 288-unit affordable multifamily rental housing complex to be located at 2255 West Bruton Road in 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 14 24-7259 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0346, submitted by Maxwell Fisher of ZoneDev on behalf of Palladium USA International, Inc., for a change of zoning from General Retail to Planned Development - Multifamily Residential with modifications to the development standards to allow an age-restricted multifamily development, located at 2910 Motley Drive. (One response 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.) City of Mesquite, Texas Page 4 Monday, July 15, 2024 City Council Meeting Agenda July 15, 2024 Attachments: Staff Report and Maps P&Z Minutes Ordinance 15 24-7263 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0324-0354, submitted by Naresh Patel, for a Comprehensive Plan amendment from Office to Light Industrial and a change of zoning from Planned Development - Light Commercial (Ordinance No. 2124) to Planned Development - Industrial to allow a flex office and warehouse development, located at 1202 Interstate Highway 30. (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 16 24-7262 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0424-0358, submitted by Majed Khalaf, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a towing company with primary outdoor storage, located at 2425 Edinburgh 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 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: City of Mesquite, Texas Page 5 Monday, July 15, 2024 City Council Meeting Agenda July 15, 2024 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 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. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 8. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 9. Avery Fuentes v. City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 10. Bethany Hall and Antonio Holmes v. City of Mesquite, et al; Case No. DC-24-00034, Filed 01-02-2024 11. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 12. 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 13. Keiarra Tolbert v. Koby Matthew Brooks and City of Mesquite, Cause No. DC-24-07173, Filed 05/15/2024 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. 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. City of Mesquite, Texas Page 6 Monday, July 15, 2024 City Council Meeting Agenda July 15, 2024 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, July 15, 2024

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