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City Council

Regular Meeting

Mesquite, TX · December 6, 2021

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, December 6, 2021 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr. and Councilmembers Robert Miklos, Tandy Boroughs, Kenny Green, B. W. Smith and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Sherry Wisdom. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW 1 Discuss potential partnership with Dallas College and Mesquite Independent School District regarding use of the pool facility on Dallas College Eastfield Campus. This item was not discussed. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:09 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Agenda Item Nos. 28, 32 and 33); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 5:57 p.m., the City Council reconvened in Open Session. See Agenda Item Nos. 28, 32 and 33 for executive action taken. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:57 P.M. Mr. Miklos left the meeting. 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. 34 – Discuss economic development incentives for a prospective business relocation within Alcott Logistics Station Tract A at the corner of East Scyene Road and Clay Mathis Road); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:04 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final December 6, 2021 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 Receive Neighborhood Services Environmental Code quarterly report for the period of July 1, 2021, through September 30, 2021. This item was not received. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:04 P.M. Mr. Miklos entered the meeting. INVOCATION Rocky Pope, Pastor, Inspiration Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS On Friday, December 3, 2021, Police Officer Richard Houston, Badge No. 821, was killed in the line of duty. He was hired as a Mesquite Police Officer on January 8, 2001, and was named Valedictorian of his graduating peace officer course. His assignments included serving in the Operations Bureau as a Patrol Officer, on the SWAT Team for more than 10 years and in Criminal Investigations handling burglary and theft, Homeland Security, juvenile and gang cases. Officer Houston earned a Texas Commission on Law Enforcement Master Peace Officer and Instructor Proficiency Certificate. In April 2021, he received a Certificate of Merit for his heroic actions assisting the Garland Police Department and the Texas Department of Public Safety with the arrest of three suspects of a stolen car used in various crimes. He also prevented a suicide attempt by one of the suspects during the apprehension efforts. His recognitions during his Mesquite Police Department career include: 48 letters of commendation, two Life Saving Awards, one Police Commendation Bar and Citizens Police Academy Officer of the Month in August 2018. The Mesquite Police Association is accepting donations for the Houston family through Mesquite Police Association Charities, a 501C3 charitable organization. The funeral arrangements are set for Thursday, December 9, 2021, at Lake Pointe Church in Rockwall. Visitation will be from 10:00 a.m. to Noon, followed by funeral services from Noon to 2:00 p.m. The public is welcome to attend. Mayor Alemán and City Councilmembers expressed their sorrow and condolences to Officer Houston’s family, friends and co-workers. CONSENT AGENDA Approval of the Consent Agenda Mr. Boroughs requested that Item Nos. 4 and 5 be removed from the Consent Agenda to be considered separately. Mr. Miklos requested that Item No. 9 be removed from the Consent Agenda to be considered separately. Mr. Green moved to approve the remaining items on the Consent Agenda, as City of Mesquite, Texas Page 2 City Council Minutes - Final December 6, 2021 follows. Motion was seconded by Ms. Anderson and approved unanimously. 3 Minutes of the regular City Council meeting held November 15, 2021. Approved on the Consent Agenda. 6 A resolution endorsing and accepting the 2021-2022 Impaired Driving Mobilization Grant for the Selective Traffic Enforcement Project (STEP), approving the contribution of City funds in the amount of $ 1,532.73 and authorizing the City Manager to execute the necessary documents with the Texas Department of Transportation in connection with such grant and project. Approved on the Consent Agenda. Resolution No. 79-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ENDORSING AND ACCEPTING THE 2021-2022 IMPAIRED DRIVING MOBILIZATION GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROJECT; APPROVING THE CONTRIBUTION OF CITY FUNDS IN THE AMOUNT OF $1,532.73; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH SUCH GRANT AND PROJECT. (Resolution No. 79-2021 recorded in Resolution Book No. 64.) 7 An ordinance adopting 2021-22 Pay Plans for Full-Time and Part-Time/Seasonal General Government personnel effective October 1, 2021, providing flat, fixed pay adjustments for certain employees in hard -to-fill positions and providing merit increases, adopting revised pay plans with market adjustments for commissioned Police and Fire personnel effective January 1, 2022, providing step increases for eligible commissioned Police and Fire personnel effective on their respective anniversary date and providing increased prior and current service annuities under the Texas Municipal Retirement System for qualifying retirees and beneficiaries, which includes a cost of living adjustment (COLA) at the 50 percent level. Approved on the Consent Agenda. Ordinance No. 4917, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS (“CITY”), ADOPTING 2021-22 PAY PLANS FOR FULL-TIME AND PART-TIME/SEASONAL GENERAL GOVERNMENT PERSONNEL WITH AN EFFECTIVE DATE OF OCTOBER 1, 2021; PROVIDING MARKET ADJUSTMENTS TO THE MINIMUM, MIDPOINT, AND MAXIMUM SALARY RANGE PAY STRUCTURE OF CERTAIN GENERAL GOVERNMENT POSITIONS; PROVIDING FLAT, FIXED-PAY ADJUSTMENTS FOR CERTAIN QUALIFYING FULL-TIME GENERAL GOVERNMENT PERSONNEL THAT ARE EMPLOYED IN THE CITY’S PUBLIC WORKS, PARKS AND RECREATION, AND ANIMAL SERVICES DEPARTMENTS; PROVIDING THREE-PERCENT MERIT INCREASES FOR CERTAIN QUALIFYING GENERAL GOVERNMENT PERSONNEL EFFECTIVE ON THE EMPLOYEE’S ANNIVERSARY DATE; ADOPTING REVISED PAY PLANS FOR COMMISSIONED POLICE AND FIRE PERSONNEL WITH AN EFFECTIVE DATE OF JANUARY 1, 2022; PROVIDING A FIVE-PERCENT MARKET ADJUSTMENT FOR COMMISSIONED POLICE AND FIRE PERSONNEL EFFECTIVE JANUARY 1, 2022; AND PROVIDING STEP INCREASES FOR ELIGIBLE COMMISSIONED POLICE AND FIRE PERSONNEL EFFECTIVE ON THE EMPLOYEE’S ANNIVERSARY DATE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR City of Mesquite, Texas Page 3 City Council Minutes - Final December 6, 2021 RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 4917 recorded in Ordinance Book No. 125.) 8 An ordinance amending Chapter 20 “Boards, Commissions and Committees” of the City Code thereby allowing the Downtown Development Advisory Board regular member terms to be three-year terms. Approved on the Consent Agenda. Ordinance No. 4918, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE, AS PREVIOUSLY AMENDED, BY REVISING CERTAIN ARTICLES AND SECTIONS IN CHAPTER 20 “BOARDS, COMMISSIONS, AND COMMITTEES” THEREBY ALLOWING THE DOWNTOWN DEVELOPMENT ADVISORY BOARD REGULAR MEMBER TERMS TO BE THREE-YEAR TERMS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4918 recorded in Ordinance Book No. 125.) 10 A resolution approving the terms and conditions of the Seventh Amendment to the Communications Facilities License with Cellco Partnership, d/b/a Verizon Wireless (“License Agreement”), to amend the Site Plan to reflect updated equipment located on the City’s Service Center Communications Tower, as specified in the License Agreement, and authorizing the City Manager to execute and administer the License Agreement on behalf of the City. Approved on the Consent Agenda. Resolution No. 81-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE SEVENTH AMENDMENT TO THE COMMUNICATIONS FACILITIES LICENSE WITH CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS (“LICENSE AGREEMENT”), TO AMEND THE SITE PLAN TO REFLECT UPDATED EQUIPMENT LOCATED ON THE CITY’S SERVICE CENTER COMMUNICATIONS TOWER, AS SPECIFIED IN THE LICENSE AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND ADMINISTER THE LICENSE AGREEMENT ON BEHALF OF THE CITY. (Resolution No. 81-2021 recorded in Resolution Book No. 64.) 11 A resolution approving the terms and conditions of the Fourth Amendment to the Communications Facilities License with New Cingular Wireless PCS, LLC, (Formerly AT&T Mobility Texas, LLC) (“License Agreement”) to amend the Site Plan to reflect updated equipment located on the City’s Service Center Communications Tower, as specified in the License Agreement, and authorizing the City Manager to execute and administer the License Agreement on behalf of the City. Approved on the Consent Agenda. Resolution No. 82-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE FOURTH AMENDMENT TO THE COMMUNICATIONS FACILITIES LICENSE WITH NEW CINGULAR WIRELESS PCS, LLC (FORMERLY AT&T MOBILITY TEXAS, LLC) (“LICENSE AGREEMENT”), TO AMEND THE SITE PLAN TO REFLECT UPDATED EQUIPMENT LOCATED ON THE CITY’S SERVICE CENTER COMMUNICATIONS TOWER, AS SPECIFIED IN THE LICENSE AGREEMENT; AND AUTHORIZING THE City of Mesquite, Texas Page 4 City Council Minutes - Final December 6, 2021 CITY MANAGER TO EXECUTE AND ADMINISTER THE LICENSE AGREEMENT ON BEHALF OF THE CITY. (Resolution No. 82-2021 recorded in Resolution Book No. 64.) 12 A resolution authorizing the exchange of property between the County of Dallas, Texas (“Dallas County”) and the City of Mesquite (“Mesquite”) on Dallas County land and improvements located at 823 North Galloway Avenue, Mesquite, Dallas County, Texas, and Mesquite unimproved land located at 410 and 500 South Galloway Avenue, Mesquite, Dallas County, Texas, and authorizing the City Manager to finalize and execute the Purchase and Sale Agreement with Dallas County and all documents necessary to consummate the transactions contemplated in the Agreement, and administer the Agreement on behalf of the City. Approved on the Consent Agenda. Resolution No. 83-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE EXCHANGE OF PROPERTY BETWEEN THE COUNTY OF DALLAS, TEXAS (“DALLAS COUNTY”), AND THE CITY OF MESQUITE, TEXAS (“MESQUITE”), ON DALLAS COUNTY LAND AND IMPROVEMENTS LOCATED AT 823 NORTH GALLOWAY AVENUE, MESQUITE, DALLAS COUNTY, TEXAS, AND MESQUITE UNIMPROVED LAND LOCATED AT 410 SOUTH GALLOWAY AVENUE AND 500 SOUTH GALLOWAY AVENUE, MESQUITE, DALLAS COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE THE PURCHASE AND SALE AGREEMENT WITH DALLAS COUNTY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED IN THE AGREEMENT AND ADMINISTER THE AGREEMENT. (Resolution No. 83-2021 recorded in Resolution Book No. 64.) 13 Bid No. I102-2021 - Annual Laundry and Dry-Cleaning Services for the Fire Department. (Staff recommends award to C-Mai Enterprises, Inc. (d/b/a Dry Clean Super Center) in an amount not to exceed $35,152.00 and to Kamm Investments, LLC, in an amount not to exceed $31,998.00 for a total amount not to exceed $67,150.00. The term of each contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 14 Bid No. 2022-012 Managed Detection and Response Service for Rapid7 Cybersecurity. (Staff recommends award to SHI Government Solutions, through the Texas Department of Information Resources Contract No. DIR-TSO-4291, in the amount of $140,250.00 and authorize the City Manager to execute a one-year service contract.) Approved on the Consent Agenda. 15 Bid No. 2022-025 - Annual Supply of Fire Department Uniforms and Clothing. (Authorize the City Manager to execute a contract with Galls, LLC, an approved vendor of the North Central Texas Council of Governments (NCTCOG) through Contract No. 2021-073 in an amount not to exceed $118,420.00. The term of this contract is for a one-year period, with four additional one-year renewal City of Mesquite, Texas Page 5 City Council Minutes - Final December 6, 2021 options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of funds.) Approved on the Consent Agenda. 16 Bid No. 2022-029 - Purchase of Twelve Dodge Chargers for Police. (Staff recommends award to Grapevine Chrysler Dodge Jeep in Grapevine, Texas, through the BuyBoard Contract No. 601-19, in the amount of $343,060.00.) Approved on the Consent Agenda. 17 RFP No. 2022-032 - Annual Medical Plan Reinsurance (Stop Loss). (Authorize the submission of an application with HM Life Insurance Company for FY2022-2023, as approved by the City Manager on October 19, 2021, to secure stop loss coverage for the City group medical healthcare plan for a bid amount not to exceed $918,273.00) Approved on the Consent Agenda. 18 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Freeman-Millican, Inc. for the survey, engineering design, and construction documents for an electrical generator at the Southeast Pump Station in the amount of $169,000.00. Approved on the Consent Agenda. 19 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Garver, LLC for the survey, engineering design and preparation of construction documents for the Shannon Road to Lawson Road Water Line Project in the amount of $152,475.00. Approved on the Consent Agenda. 20 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Garver, LLC for the survey, engineering design and preparation of construction documents for the Crandall Connector Water Line Project in the amount of $398,535.00. Approved on the Consent Agenda. 21 Approve the proposed Community Development Block Grant - COVID-19 (CDBG-CV) Budget for Fiscal Year 2022-2023. Approved on the Consent Agenda. 22 Appoint Debbie Anderson to the Board of Directors of Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station), for a two-year term to expire April 5, 2023. Approved on the Consent Agenda. 23 Appoint Daniel Alemán, Jr. as Chairman of the Board of Directors on the following boards: Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas; Towne Centre Reinvestment Zone Number Two, City of City of Mesquite, Texas Page 6 City Council Minutes - Final December 6, 2021 Mesquite, Texas; Skyline Tax Increment Finance Reinvestment Zone No. Seven, City of Mesquite, Texas; Gus Thomasson Tax Increment Finance Reinvestment Zone No. Eight, City of Mesquite, Texas; Town East/Skyline Tax Increment Finance Reinvestment Zone No. Nine, City of Mesquite; Reinvestment Zone Number Ten, City of Mesquite, Texas (Polo Ridge); Reinvestment Zone Number Eleven, City of Mesquite, Texas (Heartland Town Center); Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20 Business Park); Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms); Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station); and Reinvestment Zone Number Fifteen, City of Mesquite, Texas (Solterra) for a one-year term beginning January 1, 2022. Approved on the Consent Agenda. CONSENT AGENDA ITEMS TO BE CONSIDERED SEPARATELY 4 An ordinance establishing the classifications and total number of authorized positions in each classification of the Mesquite Police Department effective as of January 1, 2022. Mr. Boroughs stated that Agenda Item Nos. 4 and 5 were placed on the agenda due to voter approval of Proposition A, which was on the November 2, 2021, election ballot. Item No. 4 raises the minimum number of positions in the Police Department to 253, which is an increase of five positions. Item No. 5 raises the minimum number of positions in the Fire Department to 221, which is an increase of 10 positions. Mr. Boroughs moved to approve Ordinance No. 4915, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ESTABLISHING THE CLASSIFICATIONS AND TOTAL NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION OF THE MESQUITE POLICE DEPARTMENT AS OF JANUARY 1, 2022; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Miklos and approved unanimously. (Ordinance No. 4915 recorded in Ordinance Book No. 125.) 5 An ordinance establishing the classifications and total number of authorized positions in each classification of the Mesquite Fire Department effective as of January 1, 2022. Mr. Boroughs moved to approve Ordinance No. 4916, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ESTABLISHING THE CLASSIFICATIONS AND TOTAL NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION OF THE MESQUITE FIRE DEPARTMENT AS OF JANUARY 1, 2022; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Miklos and approved unanimously. (Ordinance No. 4916 recorded in Ordinance Book No. 125.) 9 A resolution casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District. Mr. Green moved to appoint Michael Hurtt as the fourth member of the Board of Directors of the Dallas Central Appraisal District, and to approve Resolution No. 80-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. City of Mesquite, Texas Page 7 City Council Minutes - Final December 6, 2021 Motion was seconded by Mr. Smith and approved unanimously. (Resolution No. 80-2021 recorded in Resolution Book No. 64.) END OF CONSENT AGENDA APPOINTMENTS TO BOARDS AND COMMISSIONS 24 Consider appointments to the following Boards, Commissions and Committees: Airport Board of Adjustment, Airport Zoning Commission, Animal Services Advisory Committee, Board of Adjustment, Building Standards Board, Capital Improvements Advisory Committee, Downtown Development Advisory Board, Housing Board, Landmark Commission, Library Advisory Board, Parks and Recreation Advisory Board, Planning and Zoning Commission and Tree Advisory Board. Mr. Miklos moved to postpone consideration of appointments to various boards to the December 20, 2021, City Council meeting. Motion was seconded by Mr. Green and approved unanimously. PUBLIC HEARINGS 25 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0820-0145, submitted by Manuel Molina, Jr. of Molina Construction, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a primary outdoor storage yard, located at 2526 Westwood Avenue. (Four responses in favor and none 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. Z0820-0145. Garrett Langford, Manager of Planning and Development Services, stated in 2019, the applicant began using the property at 2526 Westwood Avenue without obtaining required approvals from the City. Since that time, multiple citations have been issued. The applicant is using the property to store equipment and materials related to his construction business. In addition to the unapproved use, the applicant is in violation of other ordinances including parking on the grass. In an effort to try to get the property into compliance, the applicant has submitted an application for a Conditional Use Permit to allow a primary outdoor storage yard. Applicant and property owner Manuel Molina, Jr., stated that the equipment has been removed from the property and the citations have been paid. He stated that his contractor has applied for the permit to pour concrete and asphalt but is waiting on Council’s decision on the application. Jose Juarez, 5005 Barcelona Dr., Garland, expressed support for the application. No others appeared regarding Zoning Application No. Z0820-0145. Mr. Boroughs stated that he is in favor of postponing consideration of the application to a later date to ensure that the property is brought into compliance City of Mesquite, Texas Page 8 City Council Minutes - Final December 6, 2021 with City requirements. Mr. Boroughs moved to postpone consideration of Zoning Application No. Z0820-0145 to the February 7, 2022, City Council meeting. Motion was seconded by Mr. Miklos and approved unanimously. 26 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0821-0212, submitted by Kimley-Horn and Associates, for a change of zoning from Planned Development-Industrial (Ordinance No. 4856) to Planned Development-Industrial and Planned Development-Age Restricted Residential Community, to allow a self-storage facility and an age-restricted residential development, located at 2210 East Scyene 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. Z0821-0212. Garrett Langford, Manager of Planning and Development Services, stated the applicant is requesting to rezone the property at the northwest corner of East Glen Boulevard and Clay Mathis Road for development of a 168 detached dwelling units, restricted to residents age 55 and older. The 168 units will be located on one lot at 2210 East Scyene Road. The proposed development will be an age-restricted community with 88 one-bedroom units and 80 two-bedroom units along with various amenities. Mr. Langford stated that the self-storage facility will be located at the northeast corner of the site and will be developed with a 17,000-square-foot fully enclosed three-story, air-conditioned facility including 19 parking spaces and two loading zones. An eight-foot long-span precast or block concrete wall and a buffer tree line will screen the facility from the proposed residential development. Access will be provided via two driveways along Clay Mathis Road and sidewalks are required along Clay Mathis Road and East Glen Boulevard. Developer Richard Stilovich, Director of Pre-Development of Braintree Properties, presented an overview of the proposed development. He stated that the clubhouse has a vaulted ceiling and is not a two-story building. Developer Matt Kotter, President of Braintree Properties, stated that at least one resident in each unit of the residential development must be age 55 and over. Mr. Kotter agreed to Council's request to increase the parking spaces from 292 to 307 and file restrictive covenants, approved by the City. No one appeared regarding Zoning Application No. Z0821-0212. Mr. Miklos moved to approve Zoning Application No. Z0821-0212, as recommended by Planning and Zoning Commission, with the following stipulations and revising the parking stipulation to increase the number of parking spaces to 307, which will be shown on the revised site plan, and adding Stipulation No. 8 for the age-restricted residential community: The Mesquite Zoning Ordinance is amended by approving a change of zoning for Tract 1 from Planned Development – Industrial Ordinance No. 4856 to Planned Development - Industrial to allow a self-storage facility subject to the following City of Mesquite, Texas Page 9 City Council Minutes - Final December 6, 2021 conditions and stipulations: 1. Eight-foot sidewalks are required along Clay Mathis Road and East Glen Boulevard, so that sidewalk widths are consistent with the requirements approved by City Council for the Alcott Logistic Station Planned Development. 2. A buffer tree line is required along Clay Mathis Boulevard for consistency with the buffer tree line proposed along East Glen Boulevard. The buffer tree line shall consist of one large shade tree per each 35 linear feet. 3. The front yard setback shall comply with the Industrial Zoning District front yard setback of 25 feet. 4. Development shall conform substantially to the Planned Development Standards and the Concept Plan, attached hereto as Exhibits B and C, respectively, and incorporated herein by reference, as determined by the Director of Planning and Development Services. The Mesquite Zoning Ordinance is amended by approving a change of zoning for Tract 2 from Planned Development – Industrial Ordinance No. 4856 to Planned Development – Age-Restricted Residential Community to allow an age-restricted residential development subject to the following conditions and stipulations: 1. Eight-foot sidewalks are required along Clay Mathis Road and East Glen Boulevard, so that sidewalk widths are consistent with the requirements approved by City Council for the Alcott Logistic Station Planned Development. 2. A buffer tree line is required along Clay Mathis Boulevard for consistency with the buffer tree line proposed along East Glen Boulevard. The buffer tree line shall consist of one large shade tree per each 35 linear feet. 3. The front setback standards for the proposed development must comply with the front setback standards identified in Section 2-501 of the Mesquite Zoning Ordinance (“MZO”). 4. A buffer tree line and five benches are required along the western boundary of the site adjacent to the creek. The buffer tree line shall consist of one large shade tree per each 35 linear feet (minimum of 20 trees). 5. A minimum of six amenities shall be provided from the list identified in Section 2-501.H of the MZO; three from Group A and three from Group B. 6. A minimum of two amenities shall be provided from the list of Indoor Amenities identified in Section 2-501.I of the MZO. 7. Development shall conform substantially to the Planned Development Standards and the Concept Plan, attached hereto as Exhibits B and C, respectively, and incorporated herein by reference, as determined by the Director of Planning and Development Services. The Concept Plan shall show a minimum of 307 parking spaces. 8. Submission to the City of restrictive covenants, to be agreed upon by City Staff, restricting residency to persons 55 years of age or older, naming the City as a third-party beneficiary of the covenants with enforcement rights, and filing the covenants in the Dallas County property records. And to approve Ordinance No. 4919, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING ON APPROXIMATELY 14.75 ACRES LOCATED NORTHWEST OF EAST GLEN BOULEVARD AND CLAY MATHIS ROAD AT 2210 EAST SCYENE ROAD FROM PLANNED DEVELOPMENT – INDUSTRIAL ORDINANCE NO. 4856 TO (1) PLANNED DEVELOPMENT – INDUSTRIAL ON APPROXIMATELY TWO ACRES TO ALLOW A SELF-STORAGE FACILITY AND (2) TO PLANNED DEVELOPMENT - AGE RESTRICTED RESIDENTIAL COMMUNITY ON APPROXIMATELY 12.75 ACRES City of Mesquite, Texas Page 10 City Council Minutes - Final December 6, 2021 TO ALLOW AN AGE-RESTRICTED RESIDENTIAL DEVELOPMENT, SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Ms. Anderson and approved unanimously. (Ordinance No. 4919 recorded in Ordinance Book, No. 125.) 27 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1220-0172, submitted by Roberto Nunez of Alchemi Development Partners, for a change of zoning from Service Station to Service Station with a Conditional Use Permit to allow a convenience store with limited fuel sales and a modification to the 500-foot separation requirement from a residential zoning district, located at 1028 West Cartwright 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 regarding Zoning Application No. Z1220-0172. Garrett Langford, Manager of Planning and Development Services, stated that the applicant proposes a 902-square-foot expansion of an existing convenience store at 1028 West Cartwright Road. The business currently has fuel sales and no changes in the fuel sales are proposed. A portion of the expansion may be used as lease space. Mr. Langford stated that the applicant is proposing removal of the existing chain link fence along the IH-635 frontage road and installing a wood fence. Applicant Roberto Nunez, representing Alchemi Development Partners, stated that the request is for a Conditional Use Permit to allow the current convenience store to be remodeled and brought up to American Disability Act ( ADA) standards. The expansion will primarily be used for lease space. The exterior of the store will be painted and the parking lot will be restriped. They plan to expand the kitchen, renovate the cooler and add a larger variety of merchandise for the customers. Davinder Singh, owner of the property, confirmed that local residents have requested more grocery items and would like to be able to accommodate their needs. Councilmembers expressed support for a wrought iron fence in lieu of a wood fence along the IH-635 frontage road. Mr. Nunez stated that he is agreeable to removing the existing chain link fence and installing a wrought iron fence along the western property line. No one appeared regarding Zoning Application No. Z1220-0172. Mr. Boroughs moved to approve Zoning Application No. Z1220-0172, as recommended by the Planning and Zoning Commission with certain stipulations, with a modification to the stipulation as follows: 1. A wrought iron fence shall be installed along the west property line to be consistent with the existing fence, in appearance and height, along the western City of Mesquite, Texas Page 11 City Council Minutes - Final December 6, 2021 boundary of the adjacent apartment complex and that the new fence be extended as far north as allowed without interfering with traffic visibility. And to approve Ordinance No. 4920, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM SERVICE STATION TO SERVICE STATION WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 1028 WEST CARTWRIGHT ROAD TO ALLOW A CONVENIENCE STORE WITH LIMITED FUEL SALES WITH MODIFICATION TO THE 500-FOOT SEPARATION REQUIREMENT FROM A RESIDENTIAL DISTRICT WITH A CERTAIN STIPULATION; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 4920 recorded in Ordinance Book No. 125.) A brief recess was taken at 9:03 p.m. The meeting resumed at 9:11 p.m. 28 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 a TIRZ No. 14 Reimbursement Agreement and Chapter 380 Economic Development Program Agreement for such purposes with 42 Alcott, LP (“Developer”) and the Board of Directors of Reinvestment Zone No. 14, City of Mesquite, Texas (“Alcott Station”), regarding the Developer’s construction of a Class A industrial building located at 3301 East Glen Boulevard and 3300 East Glen Boulevard, Mesquite, Texas (collectively the “Property”); the acquisition from the City and by the Developer of approximately 1.72 acres of land currently dividing the Property and the granting to Developer of certain TIRZ reimbursements and economic development incentives; 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 TIRZ No. 14 Reimbursement Agreement and Chapter 380 Agreement with 42 Alcott, LP and the Board of Directors of Reinvestment Zone No. 14 (Alcott Logistics Station) for construction of a Class A industrial building located at 3301 East Glen Boulevard and 3300 East Glen Boulevard. Cliff Keheley, City Manager, stated that 42 Alcott, LP is proposing to construct a 350,000-square-foot industrial building with a capital investment of $20 million at the corner of East Scyene Road and Faithon P. Lucas, Sr., Boulevard within Alcott Logistics Station, TIRZ No. 14, Mesquite, Texas. One of the components of this project includes completion of a drainage structure that serves the entire Alcott Logistics Station development. The developer proposes to complete the drainage by August 2022 and commence construction of the buildings by 2024. This incentive includes a requirement to secure occupancy by 2027. The developer requests a grant and TIRZ reimbursement to offset exceptional costs for infrastructure required to make the site viable for industrial development which includes removal and conveyance of an approximately 1.8-acre tract of East Glen Boulevard, construction of common area drainage, City of Mesquite, Texas Page 12 City Council Minutes - Final December 6, 2021 public trails, and easement improvements and easement dedication. A grant based upon the actual cost of removal of pavement and utilities from East Glen Boulevard is proposed to be offset by roadway impact fees paid by the developer. Expenditures for common area drainage, public trails, and easement improvements are eligible to be reimbursed by the TIRZ to the developer or to the City (should the City incur the cost) to allow flexibility in timing and cost-effectiveness of these improvements throughout Alcott Logistics Station. The City is obligated to convey the 1.8-acre tract of East Glen Boulevard within 60 days of the commencement of building construction. No one appeared regarding the TIRZ No. 14 Reimbursement Agreement and Chapter 380 Agreement with 42 Alcott, LP and the Board of Directors of Reinvestment Zone No. 14 (Alcott Logistics Station). Ms. Anderson moved to approve Resolution No. 84-2021, as presented to the City Council at tonight's meeting, 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 A TIRZ NO. 14 REIMBURSEMENT AGREEMENT AND CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT FOR SUCH PURPOSES WITH 42 ALCOTT, LP (THE “DEVELOPER”), AND THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. 14, CITY OF MESQUITE, TEXAS (“ALCOTT STATION”) REGARDING: (I) THE DEVELOPER’S CONSTRUCTION OF A CLASS A INDUSTRIAL BUILDING LOCATED AT 3301 EAST GLEN BOULEVARD AND 3300 EAST GLEN BOULEVARD, MESQUITE, TEXAS, (COLLECTIVELY THE “PROPERTY”), (II) THE ACQUISITION FROM THE CITY AND BY THE DEVELOPER OF APPROXIMATELY 1.72 ACRES OF LAND CURRENTLY DIVIDING THE PROPERTY, AND (III) THE GRANTING TO DEVELOPER OF CERTAIN ECONOMIC DEVELOPMENT INCENTIVES; 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. Smith and approved unanimously. (Resolution No. 84-2021 recorded in Resolution Book No. 64.) 29 A. Conduct a public hearing on the levy of assessments in Phase #2 of the Heartland Town Center Public Improvement District. B. Consider an ordinance of the City of Mesquite, Texas, approving a Service and Assessment Plan and Assessment Roll for Phase #2 Specific Improvements for the Heartland Town Center Public Improvement District (the “District”); making a finding of special benefit to certain property in the District; levying special assessments against certain property within the District and establishing a lien on such property; providing for payment of the assessment in accordance with Chapter 372, Texas Local Government Code, as amended; providing for the method of assessment and the payment of the assessments; providing penalties and interest on delinquent assessments; providing for severability and providing an effective date. A public hearing was held on the levy of assessments in Phase #2 of the Heartland Town Center Public Improvement District (PID). City of Mesquite, Texas Page 13 City Council Minutes - Final December 6, 2021 Ted Chinn, Assistant City Manager, stated that the proposed ordinance approves the Service and Assessment Plan (SAP) and Assessment Roll updated for properties benefited by Phase #2 Specific Improvements of the Heartland Trailwind residential development, which is located in Trinity Pointe Mesquite at the intersection of FM741 and I-20. A SAP must cover a period of at least five years and must define the annual indebtedness and projected costs for the improvements. An assessment plan must be included in the annual service plan and the plan must be reviewed and updated annually for determining the annual budget for planned improvements. The updated SAP includes Plan Description, Property included in the PID, Description of Authorized Improvements, Service Plan, Assessment Plan, Assessment Methodology and Allocation, Terms of the Assessments, Assessment Roll and Buyer Disclosure Form. PID assessments are liens against the assessed property and are superior to all liens except those for state, county, school district or municipal ad valorem taxes. Assessment liens become a personal liability of the property owner and run with the property. The assessments will be used to pay the debt service of PID bonds, reimburse the developer for costs pursuant to bond Indenture of Trust, and cover administrative expenses and other costs authorized by the PID Act. The SAP also describes how the 62.5 percent of City TIRZ revenues are applied to reduce the annual assessments to property owners. The City shall have no legal or moral obligation to pay the bonds out of any fund other than these pledged revenues. The bond sale is scheduled for June 2022, at which time the preliminary SAP will be updated again to reflect actual bond maturities, principal and interest rates. No one appeared regarding the levy of assessments in Phase #2 of the Heartland Town Center Public Improvement District. Ms. Anderson moved to approve Ordinance No. 4921, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS APPROVING A SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL FOR PHASE #2 SPECIFIC IMPROVEMENTS FOR THE HEARTLAND TOWN CENTER PUBLIC IMPROVEMENT DISTRICT (THE “DISTRICT”); MAKING A FINDING OF SPECIAL BENEFIT TO CERTAIN PROPERTY IN THE DISTRICT; LEVYING SPECIAL ASSESSMENTS AGAINST CERTAIN PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR PAYMENT OF THE ASSESSMENT IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Smith and approved unanimously. (Ordinance No. 4921 recorded in Ordinance Book No. 125.) OTHER BUSINESS 30 Consider appointment of Jerome Dittman to serve as a voting director for the Mesquite Medical Center Management District (the “District”) to fill the term for Position 4 on the Board of Directors of the District for a term expiring on June 1, 2025. David Paschall, City Attorney, stated that the Mesquite Medical Center Management District Board of Directors met earlier this evening and made City of Mesquite, Texas Page 14 City Council Minutes - Final December 6, 2021 recommendations to the City Council to appoint Jerome Dittman to Position 4 and reappointment of the board members stated in Agenda Item No. 31. Mr. Green moved to appoint Jerome Dittman (Position 4) to the Mesquite Medical Center Management District Board of Directors for a term to expire June 1, 2025. Motion was seconded by Mr. Boroughs and approved unanimously. 31 Consider reappointment of Gary Bingham, Harry Sewell, Linda Davidson and Steven Nabors to serve as voting directors for the Mesquite Medical Center Management District (the “District”) to fill the term for Positions 1, 2, and 3 on the Board of Directors of the District for terms expiring on June 1, 2023, and to fill the term for Position 5 on the Board of Directors of the District for a term expiring on June 1, 2025. Mr. Boroughs moved to reappoint Gary Bingham (Position 1), Harry Sewell (Position 2) and Linda Davidson (Position 3) to the Mesquite Medical Center Management District Board of Directors for terms to expire June 1, 2023, and Steven Nabors (Position 5) for a term to expire June 1, 2025. Motion was seconded by Mr. Green and approved unanimously. 32 Consider a resolution authorizing the City Manager to finalize and execute a First Amendment to the Master Development Agreement between the City of Mesquite, Texas, the Mesquite Medical Center Management District, and HQZ Partners, LP, together with MCG-124, LLC regarding the development of approximately 60.31 acres of land generally located south of Gross Road, east of North Peachtree Road, north of the Union Pacific Railroad and west of Interstate Highway 635 in the City of Mesquite, Texas, and being commonly referred to as the “Verde Center” or the “Verde Center at Peachtree” and providing a Collateral Assignment provision, and authorizing the City Manager to administer the Agreement as amended for such purposes and to take all actions necessary or advisable to complete the transactions contemplated by the Agreement as amended on behalf of the City. Jim Ray, representing HQZ Partners, LP, MCG-124, LLC and Verde Center Partners LLC, introduced Warner Stone, a principal of Verde Center Partners. Mr. Ray stated that the closing date for the project loan is December 15, 2021. Clay Crawford, counsel for the District, reviewed the process and steps to be taken in order to begin the project. Councilmembers expressed concerns regarding the lengthy delay of this project. Mr. Miklos moved to approve the resolution and First Amendment to Master Developer Agreement with Section 1 to the First Amendment to the Master Development Agreement as follows: Section 1. A new Section 6.18 is hereby added to the Master Agreement: Section 6.18 Collateral Assignment. Notwithstanding Article V(b) hereof and as provided in this Section 6.18, the Developer has the right to collaterally assign, pledge, grant a lien or security interest in, or otherwise encumber any of their respective rights, title, or interest under this Agreement for the benefit of Piper Canyon Partners LLC, a Delaware limited liability company (“PCP”). Such collateral assignment, pledge, grant of lien or security interest, or other encumbrance shall not, however, obligate PCP to perform any obligations or City of Mesquite, Texas Page 15 City Council Minutes - Final December 6, 2021 incur any liability under this Agreement unless PCP agrees in writing to perform such obligations or incur such liability. Provided the City and the District have been given a copy of the documents creating the PCP’s interest, including notice information for PCP, then PCP shall have the right, but not the obligation, to cure any default under this Agreement within thirty (30) days written notice to PCP (subject to reasonable extension to the extent such default is non-monetary and requires possession of the Property or otherwise cannot be reasonably cured within such thirty (30) day period provided, however, that any such extension shall not exceed sixty (60) days). No remedies shall be exercised under the Master Agreement with respect to any such default unless and until PCP fails to cure such default within the cure period set forth herein. PCP is not a party to this Agreement unless this Agreement is amended, with the consent of PCP and without need for the consent of the City, to add PCP as a Party. Notwithstanding the foregoing, however, this Agreement shall continue to bind the Property and shall survive any transfer, conveyance, or assignment occasioned by the exercise of foreclosure or other rights by PCP or any other lender, whether judicial or nonjudicial. Any Purchaser or Successor Owner of any portion of the Property, shall be bound by this Agreement and shall not be entitled to the rights and benefits of this Agreement with respect to the acquired portion of the Property until all continuing defaults under this Agreement with respect to the acquired portion of the Property have been cured, and such Purchaser or Successor Owner shall be deemed an assignee under this Agreement provided the City and District consent to the assignment of this Agreement pursuant to Section 5.1(b). For purposes of this Section 6.18, the following terms shall have the meanings set forth below: “Purchaser or Successor Owner” means (i) an unrelated Person to whom a lender sells the Property as a result of a lender’s foreclosure on the Property or (ii) a Person the lender hires or engages to develop the Property. PCP is a lender for the purposes of this definition. “Person” or “Persons” means any individual, corporation, partnership, limited liability company, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. And to approve Resolution No. 85-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A FIRST AMENDMENT TO THE MASTER DEVELOPER AGREEMENT BETWEEN THE CITY OF MESQUITE, TEXAS, THE MESQUITE MEDICAL CENTER MANAGEMENT DISTRICT, AND HQZ PARTNERS, LP, TOGETHER WITH MCG-124, LLC, REGARDING THE DEVELOPMENT OF APPROXIMATELY 60.31 ACRES OF LAND GENERALLY LOCATED SOUTH OF GROSS ROAD, EAST OF NORTH PEACHTREE ROAD, NORTH OF THE UNION PACIFIC RAILROAD, AND WEST OF INTERSTATE HIGHWAY 635 IN THE CITY OF MESQUITE, TEXAS, AND BEING COMMONLY REFERRED TO AS THE “VERDE CENTER” OR THE “VERDE CENTER AT PEACHTREE” AND PROVIDING A COLLATERAL ASSIGNMENT PROVISION; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT AS AMENDED FOR SUCH PURPOSES AND TO TAKE ALL ACTIONS NECESSARY OR ADVISABLE TO COMPLETE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT AS AMENDED ON BEHALF OF THE CITY. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 85-2021 recorded in Resolution Book No. 64.) City of Mesquite, Texas Page 16 City Council Minutes - Final December 6, 2021 33 Consider a resolution conditionally consenting to the Assignment and Assumption Agreement by HQZ Partners, LP, and MCG-124, LLC (“Assignors”), to Verde Center Partners, LLC (“Assignee”), of Assignor’s interest in the Master Developer Agreement with the City of Mesquite, Texas, regarding the development of approximately 60.31 acres of land generally located south of Gross Road, east of North Peachtree Road, north of the Union Pacific Railroad, and west of Interstate Highway 635 in the City of Mesquite, Texas, and being commonly referred to as the “Verde Center” or the “Verde Center at Peachtree,” and authorizing the City Manager to finalize, execute and administer the Assignment on behalf of the City. Mr. Boroughs moved to approve Resolution No. 86-2021, A RESOLUTION OF THE CITY OF MESQUITE, TEXAS, CONDITIONALLY CONSENTING TO THE ASSIGNMENT AND ASSUMPTION AGREEMENT BY HQZ PARTNERS, LP, AND MCG-124, LLC (“ASSIGNORS”), TO VERDE CENTER PARTNERS, LLC (“ASSIGNEE”), OF ASSIGNORS’ INTEREST IN A MASTER DEVELOPER AGREEMENT WITH THE CITY OF MESQUITE, TEXAS, REGARDING THE DEVELOPMENT OF APPROXIMATELY 60.31 ACRES OF LAND GENERALLY LOCATED SOUTH OF GROSS ROAD, EAST OF NORTH PEACHTREE ROAD, NORTH OF THE UNION PACIFIC RAILROAD, AND WEST OF INTERSTATE HIGHWAY 635 IN THE CITY OF MESQUITE, TEXAS, AND BEING COMMONLY REFERRED TO AS THE “VERDE CENTER” OR THE “VERDE CENTER AT PEACHTREE”; AND AUTHORIZING THE CITY MANAGER TO FINALIZE, EXECUTE, AND ADMINISTER THE ASSIGNMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 86-2021 recorded in Resolution Book No. 64.) ADJOURNMENT Mr. Miklos moved to adjourn the meeting. Motion was seconded by Mr. Green and approved unanimously. The meeting adjourned at 9:50 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 17

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, December 6, 2021 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas 1. Members of the public desiring to comment during Citizens Forum may preregister as follows: a. Send an email to the City Secretary on or before 3:00 p.m., on June 21, 2021. The email address is sland@cityofmesquite.com. The phone number is 972-216-6244. b. Provide the City Secretary with your name and address. 2. Comments on agenda items may be made during the meeting or by submission on or before 3:00 p.m., on June 21, 2021, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW 1 21-5783 Discuss potential partnership with Dallas College and Mesquite Independent School District regarding use of the pool facility on Dallas College Eastfield Campus. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 21-5752 Receive Neighborhood Services Environmental Code quarterly report for the period of July 1, 2021, through September 30, 2021. Attachments: Environmental Code FY 2020-2021 4th Quarter Summary REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Rocky Pope, Pastor, Inspiration Church, Mesquite, Texas. City of Mesquite, Texas Page 1 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 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 by motion of the City Council.) 3 21-5747 Minutes of the regular City Council meeting held November 15, 2021. Attachments: November 15, 2021, minutes 4 21-5740 An ordinance establishing the classifications and total number of authorized positions in each classification of the Mesquite Police Department effective as of January 1, 2022. Attachments: Ordinance 5 21-5741 An ordinance establishing the classifications and total number of authorized positions in each classification of the Mesquite Fire Department effective as of January 1, 2022. Attachments: Ordinance 6 21-5727 A resolution endorsing and accepting the 2021-2022 Impaired Driving Mobilization Grant for the Selective Traffic Enforcement Project (STEP), approving the contribution of City funds in the amount of $1,532.73 and authorizing the City Manager to execute the necessary documents with the City of Mesquite, Texas Page 2 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 Texas Department of Transportation in connection with such grant and project. Attachments: Resolution 7 21-5739 An ordinance adopting 2021-22 Pay Plans for Full-Time and Part-Time/Seasonal General Government personnel effective October 1, 2021, providing flat, fixed pay adjustments for certain employees in hard-to-fill positions and providing merit increases, adopting revised pay plans with market adjustments for commissioned Police and Fire personnel effective January 1, 2022, providing step increases for eligible commissioned Police and Fire personnel effective on their respective anniversary date and providing increased prior and current service annuities under the Texas Municipal Retirement System for qualifying retirees and beneficiaries, which includes a cost of living adjustment (COLA) at the 50 percent level. Attachments: Ordinance 8 21-5766 An ordinance amending Chapter 20 “Boards, Commissions and Committees” of the City Code thereby allowing the Downtown Development Advisory Board regular member terms to be three-year terms. Attachments: Ordinance 9 21-5758 A resolution casting a vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District. Attachments: Resolution 10 21-5761 A resolution approving the terms and conditions of the Seventh Amendment to the Communications Facilities License with Cellco Partnership, d/b/a Verizon Wireless (“License Agreement”), to amend the Site Plan to reflect updated equipment located on the City’s Service Center Communications Tower, as specified in the License Agreement, and authorizing the City Manager to execute and administer the License Agreement on behalf of the City. Attachments: Resolution Original Communications Facilities License Agreement Sixth Amendment 11 21-5742 A resolution approving the terms and conditions of the Fourth Amendment to the Communications Facilities License with New Cingular Wireless PCS, LLC, (Formerly AT&T Mobility Texas, LLC) (“License Agreement”) to amend the Site Plan to reflect updated equipment located on the City’s Service Center Communications Tower, as specified in the License Agreement, and authorizing the City Manager to execute and administer the License Agreement on behalf of the City. City of Mesquite, Texas Page 3 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 Attachments: Resolution Original Communications Facilities License Third Amendment Second Amendment First Amendment 12 21-5784 A resolution authorizing the exchange of property between the County of Dallas, Texas (“Dallas County”) and the City of Mesquite (“Mesquite”) on Dallas County land and improvements located at 823 North Galloway Avenue, Mesquite, Dallas County, Texas, and Mesquite unimproved land located at 410 and 500 South Galloway Avenue, Mesquite, Dallas County, Texas, and authorizing the City Manager to finalize and execute the Purchase and Sale Agreement with Dallas County and all documents necessary to consummate the transactions contemplated in the Agreement, and administer the Agreement on behalf of the City. Attachments: Resolution City Property County Property 13 21-5762 Bid No. I102-2021 - Annual Laundry and Dry-Cleaning Services for the Fire Department. (Staff recommends award to C-Mai Enterprises, Inc. (d/b/a Dry Clean Super Center) in an amount not to exceed $35,152.00 and to Kamm Investments, LLC, in an amount not to exceed $31,998.00 for a total amount not to exceed $67,150.00. The term of each contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Attachments: I102-2021 Contract C-Mai Enterprises I102-2021 Contract Kamm Investments 14 21-5753 Bid No. 2022-012 Managed Detection and Response Service for Rapid7 Cybersecurity. (Staff recommends award to SHI Government Solutions, through the Texas Department of Information Resources Contract No. DIR-TSO-4291, in the amount of $140,250.00 and authorize the City Manager to execute a one-year service contract.) Attachments: Rapid7 Managed Detection and Response Agreement 15 21-5751 Bid No. 2022-025 - Annual Supply of Fire Department Uniforms and Clothing. (Authorize the City Manager to execute a contract with Galls, LLC, an approved vendor of the North Central Texas Council of Governments (NCTCOG) through Contract No. 2021-073 in an amount not to exceed $118,420.00. The term of this contract is for a one-year period, with four City of Mesquite, Texas Page 4 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of funds.) Attachments: Contract 16 21-5757 Bid No. 2022-029 - Purchase of Twelve Dodge Chargers for Police. (Staff recommends award to Grapevine Chrysler Dodge Jeep in Grapevine, Texas, through the BuyBoard Contract No. 601-19, in the amount of $343,060.00.) Attachments: Vehicle Quote Photo 17 21-5765 RFP No. 2022-032 - Annual Medical Plan Reinsurance (Stop Loss). (Authorize the submission of an application with HM Life Insurance Company for FY2022-2023, as approved by the City Manager on October 19, 2021, to secure stop loss coverage for the City group medical healthcare plan for a bid amount not to exceed $918,273.00) Attachments: City of Mesquite Stop-Loss Proposal 2022 HM Policy 18 21-5734 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Freeman-Millican, Inc. for the survey, engineering design, and construction documents for an electrical generator at the Southeast Pump Station in the amount of $169,000.00. Attachments: Location Map 19 21-5735 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Garver, LLC for the survey, engineering design and preparation of construction documents for the Shannon Road to Lawson Road Water Line Project in the amount of $152,475.00. Attachments: Location Map 20 21-5763 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Garver, LLC for the survey, engineering design and preparation of construction documents for the Crandall Connector Water Line Project in the amount of $398,535.00. Attachments: Location Map 21 21-5759 Approve the proposed Community Development Block Grant - COVID-19 (CDBG-CV) Budget for Fiscal Year 2022-2023. Attachments: FY2022 CDBG-CV Project Summaries 22 21-5781 Appoint Debbie Anderson to the Board of Directors of Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station), for a two-year term to expire April 5, 2023. City of Mesquite, Texas Page 5 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 23 21-5780 Appoint Daniel Alemán, Jr. as Chairman of the Board of Directors on the following boards: Mesquite Rodeo City Reinvestment Zone Number One, City of Mesquite, Texas; Towne Centre Reinvestment Zone Number Two, City of Mesquite, Texas; Skyline Tax Increment Finance Reinvestment Zone No. Seven, City of Mesquite, Texas; Gus Thomasson Tax Increment Finance Reinvestment Zone No. Eight, City of Mesquite, Texas; Town East/Skyline Tax Increment Finance Reinvestment Zone No. Nine, City of Mesquite; Reinvestment Zone Number Ten, City of Mesquite, Texas (Polo Ridge); Reinvestment Zone Number Eleven, City of Mesquite, Texas (Heartland Town Center); Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20 Business Park); Reinvestment Zone Number Thirteen, City of Mesquite, Texas (Spradley Farms); Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station); and Reinvestment Zone Number Fifteen, City of Mesquite, Texas (Solterra) for a one-year term beginning January 1, 2022. APPOINTMENTS TO BOARDS AND COMMISSIONS 24 21-5709 Consider appointments to the following Boards, Commissions and Committees: Airport Board of Adjustment, Airport Zoning Commission, Animal Services Advisory Committee, Board of Adjustment, Building Standards Board, Capital Improvements Advisory Committee, Downtown Development Advisory Board, Housing Board, Landmark Commission, Library Advisory Board, Parks and Recreation Advisory Board, Planning and Zoning Commission and Tree Advisory Board. Attachments: List of Boards, Commissions and Committees List of Applications 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.) 25 21-5749 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0820-0145, submitted by Manuel Molina, Jr. of Molina Construction, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a primary outdoor storage yard, located at 2526 Westwood Avenue. (Four responses in favor and none 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 6 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 Attachments: Staff report & maps P&Z minutes Ordinance 26 21-5750 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0821-0212, submitted by Kimley-Horn and Associates, for a change of zoning from Planned Development-Industrial (Ordinance No. 4856) to Planned Development-Industrial and Planned Development-Age Restricted Residential Community, to allow a self-storage facility and an age-restricted residential development, located at 2210 East Scyene 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.) Attachments: Staff report & maps P&Z minutes Ordinance 27 21-5748 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1220-0172, submitted by Roberto Nunez of Alchemi Development Partners, for a change of zoning from Service Station to Service Station with a Conditional Use Permit to allow a convenience store with limited fuel sales and a modification to the 500-foot separation requirement from a residential zoning district, located at 1028 West Cartwright 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.) Attachments: Staff report and maps P&Z minutes Ordinance 28 21-5670 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 a TIRZ No. 14 Reimbursement Agreement and Chapter 380 Economic Development Program Agreement for such purposes with 42 Alcott, LP (“Developer”) and the Board of Directors of Reinvestment Zone No. 14, City of Mesquite, Texas (“Alcott Station”), regarding the Developer’s construction of a Class A industrial building located at 3301 East Glen Boulevard and 3300 East Glen Boulevard, Mesquite, Texas (collectively the “Property”); the acquisition from the City and by the Developer of approximately 1.72 acres of land currently City of Mesquite, Texas Page 7 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 dividing the Property and the granting to Developer of certain TIRZ reimbursements and economic development incentives; 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 29 21-5725 A. Conduct a public hearing on the levy of assessments in Phase #2 of the Heartland Town Center Public Improvement District. B. Consider an ordinance of the City of Mesquite, Texas, approving a Service and Assessment Plan and Assessment Roll for Phase #2 Specific Improvements for the Heartland Town Center Public Improvement District (the “District”); making a finding of special benefit to certain property in the District; levying special assessments against certain property within the District and establishing a lien on such property; providing for payment of the assessment in accordance with Chapter 372, Texas Local Government Code, as amended; providing for the method of assessment and the payment of the assessments; providing penalties and interest on delinquent assessments; providing for severability and providing an effective date. Attachments: Ordinance OTHER BUSINESS 30 21-5778 Consider appointment of Jerome Dittman to serve as a voting director for the Mesquite Medical Center Management District (the “District”) to fill the term for Position 4 on the Board of Directors of the District for a term expiring on June 1, 2025. 31 21-5779 Consider reappointment of Gary Bingham, Harry Sewell, Linda Davidson and Steven Nabors to serve as voting directors for the Mesquite Medical Center Management District (the “District”) to fill the term for Positions 1, 2, and 3 on the Board of Directors of the District for terms expiring on June 1, 2023, and to fill the term for Position 5 on the Board of Directors of the District for a term expiring on June 1, 2025. 32 21-5790 Consider a resolution authorizing the City Manager to finalize and execute a First Amendment to the Master Development Agreement between the City of Mesquite, Texas, the Mesquite Medical Center Management District, and HQZ Partners, LP, together with MCG-124, LLC regarding the development of approximately 60.31 acres of land generally located south of Gross Road, east of North Peachtree Road, north of the Union Pacific Railroad and west of Interstate Highway 635 in the City of Mesquite, Texas, and being commonly referred to as the “Verde Center” or the “Verde Center at Peachtree” and providing a Collateral Assignment provision, and authorizing the City Manager to administer the Agreement City of Mesquite, Texas Page 8 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 as amended for such purposes and to take all actions necessary or advisable to complete the transactions contemplated by the Agreement as amended on behalf of the City. Attachments: Resolution 33 21-5786 Consider a resolution conditionally consenting to the Assignment and Assumption Agreement by HQZ Partners, LP, and MCG-124, LLC (“Assignors”), to Verde Center Partners, LLC (“Assignee”), of Assignor’s interest in the Master Developer Agreement with the City of Mesquite, Texas, regarding the development of approximately 60.31 acres of land generally located south of Gross Road, east of North Peachtree Road, north of the Union Pacific Railroad, and west of Interstate Highway 635 in the City of Mesquite, Texas, and being commonly referred to as the “Verde Center” or the “Verde Center at Peachtree,” and authorizing the City Manager to finalize, execute and administer the Assignment 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. City of Allen, et al v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Cause No. 6:19-cv-345-ADA-JCM – Filed 10-19-18 2. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18 3. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19 4. Patricia Brennan and Alyssa Sanders, Individually and as Heirs of Natalie Sanders v. City of Mesquite, et al, Cause No. 3:10-CV-01263-L – Filed 5-24-19 5. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of Mesquite, Cause No. CC-19-03248-C – Filed 5-31-19 6. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed 5-22-20 City of Mesquite, Texas Page 9 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 7. Tejas Motel, L.L.C. v. City of Mesquite, Acting by and through its Board of Adjustment, Civil Action No. 3:20-cv-20-1982 – Filed 7-27-20 8. City of Mesquite v. Ulises Rivera, Jessica Rivera and 3509 Byrd Drive, Mesquite, Texas 75150 in rem, Cause No. DC-20-12465 – Filed 9-3-20 9. Vault Ventures, LLC v. City of Mesquite and Cliff Keheley, in his Official Capacity as Mesquite City Manager, Cause No. DC-20-19115 – Filed 12-28-20 10. Kasia Varsak v. Jeremy Thomas Meeks and the City of Mesquite, Texas, Cause No. CC-21-00813-B – Filed 3-4-21 11. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 12. Raina Naomi Brechbiel v. Danielle Larrison and Christopher Odom, Cause No. 3:21-cv-01563-E - Filed 7-7-21 13. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21 14. City of Mesquite v. Peggy Lou Schweitzer and 1509 Alta Vista Street, Mesquite, Texas 75149 in rem, Cause No. DC-21-11200 - Filed 8-20-21 Personnel Matters Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office. Economic Development 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: 34 21-5764 Discuss economic development incentives for a prospective business relocation within Alcott Logistics Station Tract A at the corner of East Scyene Road and Clay Mathis Road. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989. City of Mesquite, Texas Page 10 Monday, December 6, 2021 City Council Meeting Agenda December 6, 2021 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 11 Monday, December 6, 2021

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