City Council

City of Mesquite, Texas Minutes - Final City Council Monday, December 20, 2021 5:15 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Kenny Green, Tandy Boroughs, B.W. Smith, and Debbie Anderson, Assistant City Manager Ted Chinn and City Secretary Sonja Land. Absent: Councilmembers Robert Miklos and Sherry Wisdom. PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive quarterly activity report from the Economic Development Department. Kim Buttram, Director of Economic Development, presented the Economic Development Department quarterly report covering July 1, 2021, through September 30, 2021. She reviewed quarterly statistics including new jobs created, new businesses, sales tax collection and certificates of occupancy and building permits issued. Ms. Buttram stated that McCullough Plaza overhead lighting has been installed at Front Street Station. The building to be occupied by Alejandro’s at Front Street Station has been turned over to the tenants for interior completion. Also, the McWhorter-Greenhaw building has been sold to 42 Real Estate, who also owns the Hanby building. She stated that the weekly Farmers Market at Front Street Station, which continued through November, was a huge success. Ms. Buttram stated that the new visitors guide is currently in the proofing stage. When completed, 100,000 copies will be published and distributed throughout Texas, Louisiana, Oklahoma and the City. Councilmembers thanked the Economic Development staff for their efforts in promoting the City of Mesquite. 2 Receive Neighborhood Services Environmental Code quarterly report for the period of July 1, 2021, through September 30, 2021. Maria Martinez, Director of Neighborhood Services, presented the Neighborhood Services Environmental Code quarterly report for the period covering July 1, 2021, through September 30, 2021. She stated there was a slight decline in pro-active code violations identified, an increase in complaints from 1,200 this time last year to 1,700 this year, contracted properties increased slightly and citations declined. Code case average, which is the number of days from when the code violation is opened until closed is trending at 19 days. Ms. Martinez reviewed the top four code violations - high grass; trash, junk and debris; City of Mesquite, Texas Page 1 City Council Minutes - Final December 20, 2021 landscaping and vegetation maintenance; and nuisance premises. She stated that the Code Ambassador Program has now been reinstated. Councilmembers expressed appreciation to Ms. Martinez and her staff for their work in the community. CANVASS OF DECEMBER 7, 2021, RUNOFF ELECTION - COUNCIL CHAMBERS - 6:45 P.M. OTHER BUSINESS 3 Canvass results of the Runoff Election for the purpose of electing Councilmembers for Places 1 and 3. Sonja Land, City Secretary, presented the results, according to the canvass reports provided by Dallas County Elections Department, of the Runoff Election held December 7, 2021, for the purpose of electing Councilmembers for Places 1 and 3. 4 Consider a resolution declaring the results of the December 7, 2021, Runoff Election for the purpose of electing Councilmembers for Places 1 and 3. Mr. Green moved to approve Resolution No. 87-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A RUNOFF ELECTION HELD IN THE CITY OF MESQUITE, TEXAS, ON DECEMBER 7, 2021, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACES 1 AND 3. Number of votes cast for the Office of Councilmember, Place 1: NAME NUMBER OF VOTES PERCENTAGE Jeff Casper 309 51.50% David Jackson Burris 291 48.50% Number of votes cast for the Office of Councilmember, Place 3: NAME NUMBER OF VOTES PERCENTAGE Jennifer Vidler 294 52.31% Elizabeth Rodriguez Ross 268 47.69% Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 87-2021 recorded in Resolution Book No. 64.) 5 Installation of newly elected Councilmembers. City Secretary Sonja Land administered the Oath of Office to Councilmembers Jeff Casper, Place 1 and Jennifer Vidler, Place 3. Mr. Casper and Ms. Vidler entered the meeting and took their seats at the dais. Councilmembers present for the remainder of the meeting include: Mayor Daniel Alemán, Jr. and Councilmembers Jeff Casper, Kenny Green, Jennifer Vidler, Tandy Boroughs, B. W. Smith and Debbie Anderson. City of Mesquite, Texas Page 2 City Council Minutes - Final December 20, 2021 6 Presentation of Certificates of Election to Mayor Daniel Alemán, Jr. and City Councilmembers Jeff Casper, Place 1; Kenny Green, Place 2; Jennifer Vidler, Place 3; Tandy Boroughs, Place 4; B.W. Smith, Place 5; and Debbie Anderson, Place 6. Ted Chinn, Assistant City Manager, presented a Certificate of Election to Mayor Daniel Alemán, Jr. Mayor Aleman presented Certificates of Election to Councilmembers Jeff Casper, Place 1; Kenny Green, Place 2; Jennifer Vidler, Place 3; Tandy Boroughs, Place 4; B. W. Smith, Place 5; and Debbie Anderson, Place 6. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION John Schelter, Pastor, Our Savior Lutheran Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. CITIZENS FORUM 1. Charles Hayden, 2816 Tedlow Trail, suggested that the City honor fallen Police Officers Richard Houston and Travis Williams and K-9 Officer Kozmo with a memorial. 2. Terri White, 505 Riggs Circle, spoke regarding environmental quality and sustainability. SPECIAL ANNOUNCEMENTS 1. Mr. Casper wished everyone a happy holiday season from his family to yours. 2. Mr. Green stated that the inaugural Christmas on the Corridor, held Saturday, December 11, 2021, was well attended and thanked everyone who helped organize this event. 3. Mr. Green stated that Wayne Larson, Director of Communications and Marketing, has resigned from his position at the City and thanked him for his service to the City of Mesquite. 4. Ms. Vidler thanked everyone that attended the Carols and Cocoa event last Saturday, December 18, 2021, in Downtown Mesquite. 5. Ms. Vidler stated that Bubbas 33, 19089 IH 635, will donate 10 percent of the proceeds from any sale on Tuesday, December 21, 2021, from 11:00 a.m. to 11:00 p.m., to the family of fallen Police Officer Richard Houston. 6. Mr. Boroughs thanked Mr. Green for organizing the Christmas on the Corridor event and Beverly Abell and Lisa Haar for a successful Carols and Cocoa event. City of Mesquite, Texas Page 3 City Council Minutes - Final December 20, 2021 7. Mr. Boroughs expressed appreciation for the Mesquite Fire Department (MFD) and Mesquite Police Department (MPD) coming together during the loss of Police Officer Richard Houston. Among other things, the MFD cooked and provided meals to Police Officers. He thanked the Mesquite Citizens ’ Police Academy Alumni (MCPAA), Mesquite Fire Corp and the many volunteers who gave their time during this tragic event. 8. Mr. Smith stated that during the last few weeks, he has felt an outpouring of support from the community for the MPD and fallen Police Officer Richard Houston. 9. Mr. Smith invited residents to a neighborhood meeting on Thursday, January 6, 2022, at Rutherford Recreation Center, 900 Rutherford Drive. 10. Ms. Anderson wished everyone a happy holiday and Merry Christmas. She thanked the MCPAA volunteers for their contributions to the City. She expressed appreciation to everyone involved in the Santa Cop toy distribution last Saturday, December 18, 2021, which served approximately 1,100 families. Every child under the age of 11 that requested a bicycle, received one. 11. Mayor Alemán asked citizens to pray for Police Officer Richard Houston ’s family during this holiday season. He commended Police Chief David Gill and Assistant Police Chief Doug Yates for their kind words at Officer Houston’s funeral. 12. Mayor Alemán thanked Elizabeth Harrell, Director of Parks and Recreation, for a successful Christmas in the Park event. 13. Mayor Alemán reminded citizens that it is illegal to possess fireworks and discharge a firearm within the City limits. CONSENT AGENDA Approval of the Consent Agenda Mr. Casper moved to approve the items on the Consent Agenda as follows. Motion was seconded by Ms. Vidler and approved unanimously. 7 Minutes of the regular City Council meeting held December 6, 2021. Approved on the Consent Agenda. 8 An ordinance providing for the abandonment and transfer of interests in real property located north of the intersection of East Main Street (State Highway 352) and Carver Street, and south of the Union Pacific Railroad Tracks and Right-of-Way, subject to reservation of a permanent easement and authorizing the City Manager to take actions necessary to complete the abandonment and transfer. Approved on the Consent Agenda. Ordinance No. 4922, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FOR THE ABANDONMENT AND TRANSFER OF INTERESTS IN REAL PROPERTY LOCATED NORTH OF THE INTERSECTION OF EAST MAIN STREET (STATE HIGHWAY 352) AND CARVER STREET, AND SOUTH OF THE UNION PACIFIC RAILROAD TRACKS AND RIGHT-OF-WAY, SUBJECT TO RESERVATION City of Mesquite, Texas Page 4 City Council Minutes - Final December 20, 2021 OF A PERMANENT EASEMENT; AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO COMPLETE THE ABANDONMENT AND TRANSFER; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4922 recorded in Ordinance Book No. 125.) 9 An ordinance authorizing assignment pay for members of the Mesquite Police Department who are assigned to perform the specialized function of a Field Training Officer (FTO) during working hours, effective January 1, 2022. Approved on the Consent Agenda. Ordinance No. 4923, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING ASSIGNMENT PAY FOR MEMBERS OF THE MESQUITE POLICE DEPARTMENT WHO ARE ASSIGNED TO PERFORM THE SPECIALIZED FUNCTION OF A FIELD TRAINING OFFICER (FTO PAY) DURING WORKING HOURS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 4923 recorded in Ordinance Book No. 125.) 10 An ordinance amending Section 2 of Ordinance No. 4718 and Section 2 of Ordinance No. 4725 to amend the assignment pay for Mesquite Fire Department members who satisfy certain conditions and criteria to perform the specialized function of a Paramedic, effective January 1, 2022. Approved on the Consent Agenda. ORDINANCE NO. 4924, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING SECTION 2 OF ORDINANCE NO. 4718 AND SECTION 2 OF ORDINANCE NO. 4725 TO AMEND THE ASSIGNMENT PAY FOR MESQUITE FIRE DEPARTMENT MEMBERS WHO SATISFY CERTAIN CONDITIONS AND CRITERIA TO PERFORM THE SPECIALIZED FUNCTION OF A PARAMEDIC EFFECTIVE JANUARY 1, 2022; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 4924 recorded in Ordinance Book No. 125.) 11 A resolution authorizing acceptance of the 2021 Urban Area Security Initiative (UASI) grant program and execution of the sub-recipient agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency, in the amount of $133,869.00 and authorizing the Emergency Management Coordinator as the authorized official to apply for, accept, reject, alter, or terminate the grant on behalf of the City. Approved on the Consent Agenda. RESOLUTION NO. 88-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING ACCEPTANCE OF THE 2021 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM AND EXECUTION OF THE SUB-RECIPIENT AGREEMENTS WITH THE OFFICE OF THE GOVERNOR, TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY, IN THE AMOUNT OF $133,869.00; AUTHORIZING THE EMERGENCY MANAGEMENT COORDINATOR AS THE AUTHORIZED OFFICIAL TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE THE GRANT ON BEHALF OF THE CITY. (Resolution No. 88-2021 recorded in Resolution Book No. 64.) City of Mesquite, Texas Page 5 City Council Minutes - Final December 20, 2021 12 A resolution authorizing the submission of the 2020 Community Development Block Programs Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (HUD). Approved on the Consent Agenda. RESOLUTION NO. 89-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE SUBMISSION OF THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (Resolution No. 89-2021 recorded in Resolution Book No. 64.) 13 A resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the temporary closure of State Highway 352 on January 15, 2022, for the City of Mesquite Martin Luther King, Jr., Parade. Approved on the Consent Agenda. RESOLUTION NO. 90-2021, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF STATE HIGHWAY 352 ON JANUARY 15, 2022, FOR THE CITY OF MESQUITE MARTIN LUTHER KING, JR. PARADE. (Resolution No. 90-2021 recorded in Resolution Book No. 64.) 14 RFP No. 2022-001 - Annual Contract for EMS Billing Services. (Authorize the City Manager to finalize and execute a contract with Digitech Computer LLC. The term of this contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options.) Approved on the Consent Agenda. 15 Bid No. 2022-007 - Screening Wall Replacement Project 2021. (Authorize the City Manager to finalize and execute a contract with low bidder IBCTX, LLC, in an amount not to exceed $1,308,720.00.) Approved on the Consent Agenda. 16 Bid No. 2022-016 - Annual Spillman CAD Maintenance Agreement. (Authorize the City Manager to execute a contract with Motorola Solutions, Inc ., a vendor through the Houston-Galveston Area Council (H-GAC), to provide maintenance of the City’s Computer-Aided Dispatch (CAD) system and Records Management Systems (RMS) in the amount of $263,548.71, for a one-year term, with four annual, renewable options. The City Manager is authorized to execute the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. City of Mesquite, Texas Page 6 City Council Minutes - Final December 20, 2021 17 Bid No. 2022-030 - Annual Supply of PACA Body Armor for Police Department. (Staff recommends award to Nardis Public Safety through Buy Board Contract #603-20 in the amount of $50,596.00). Approved on the Consent Agenda. 18 Bid No. 2022-031 - Annual Supply of Police Department Uniforms and Clothing. (Staff recommends primary award ($65,000.00) to Galls, LLC, in Lexington, Kentucky, and secondary award ($33,000.00) to G T Distributors, Inc., in Austin, TX, through Interlocal Cooperative Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG), through Contract No. 2021-073, for a total amount not to exceed $98,000.00. The term of this bid 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. 19 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2019-070, Powell Road, Orchid Avenue, Melton Lane, Magnolia Drive and Douglas Drive Paving and Utility Improvements (Real. Texas. Roads.), with Reliable Paving, Inc., for additional services required in the amount of $164,690.00. Approved on the Consent Agenda. 20 Authorize the City Manager to finalize and execute Change Order No. 3 to Bid No. 2019-040, Town East Boulevard from US 80 to Skyline Drive, with Tiseo Paving Company, for additional services required in the amount of $148,703.00. Approved on the Consent Agenda. 21 Authorize the City Manager to finalize and execute a professional engineering services contract with Westwood Professional Services, Inc ., for a feasibility study regarding operational improvements at Northwest Drive from IH 635, in the amount of $177,866.00. Approved on the Consent Agenda. 22 Authorize an increase in the Legal Services Agreement between the City and Messer, Fort & McDonald PLLC for the provision of legal services, advice, and counsel to the City of Mesquite in connection with Cause No. DC-20-19115, 44th District Court, Dallas County, Texas, on appeal to the Fifth Court of Appeals, Case No. 05-21-00986-CV, in the amount not to exceed $50,000.00, for a total contract amount not to exceed $200,000.00, and authorize the City Attorney to finalize and execute the Agreement. Approved on the Consent Agenda. City of Mesquite, Texas Page 7 City Council Minutes - Final December 20, 2021 23 Approve the purchase of a tract of land containing approximately 1.949 acres and being located in the John Pike Survey, Abstract Number 1174, Page 700, Tract 7, City of Mesquite, Dallas County, Texas, and being commonly referred to as 2250 Berry Drive, Mesquite, Texas (the “Property”) from the Estate of James A. Lee, Barbara Gail Crowe, Sonja Ivey Ward, and Sherry Linda Lee (the “Seller”) for the purchase price of $146,000.00, plus closing costs, authorize the City Manager to finalize and execute a Sales Contract between the Seller and the City for the purchase of the Property, and authorize the City Manager to execute all other documents and take all other actions necessary or requested to finalize the closing and purchase of the Property. Approved on the Consent Agenda. 24 Approve Amendment No. 2 to the Fiscal Year 2021-22 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $167,500.00. Approved on the Consent Agenda. 25 Remove Bruce Archer, Robert Miklos and Sherry Wisdom and appoint Daniel Alemán Jr., Debbie Anderson, Tandy Boroughs, Jeff Casper, Kenny Green, B.W. Smith and Jennifer Vidler as directors with terms expiring on December 31, 2023, to the Board of Directors for the 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; Reinvestment Zone Number Ten (Polo Ridge), City of Mesquite, Texas; Reinvestment Zone Number Eleven (Heartland Town Center), City of Mesquite, Texas; Reinvestment Zone Number Twelve (IH-20 Business Park), City of Mesquite, Texas; Reinvestment Zone Number Thirteen (Spradley Farms), City of Mesquite, Texas; Reinvestment Zone Number Fourteen (Alcott Logistics Station), City of Mesquite, Texas; and Reinvestment Zone Number Fifteen (Solterra), City of Mesquite Texas. Approved on the Consent Agenda. 26 For the Board of Directors of the Town East/Skyline Tax Increment Finance Reinvestment Zone No. Nine: (1) remove Bruce Archer and Robert Miklos as directors and (2) appoint Daniel Alemán, Jr., Jeff Casper, Kenny Green, Jennifer Vidler, Dan Montgomery, B. T. Lawrence and Wayne Chappell as directors for terms to expire December 31, 2023. Approved on the Consent Agenda. 27 Appoint Daniel Alemán, Jr., Debbie Anderson, Tandy Boroughs, Jeff Casper, Kenny Green, B.W. Smith and Jennifer Vidler to the Mesquite Health Facilities Development Corporation for terms to expire December 31, 2023. Approved on the Consent Agenda. City of Mesquite, Texas Page 8 City Council Minutes - Final December 20, 2021 28 Appoint Daniel Alemán, Jr., Debbie Anderson, Tandy Boroughs, Jeff Casper, Kenny Green, B.W. Smith and Jennifer Vidler to the Mesquite Housing Finance Corporation for terms to expire December 31, 2023. Approved on the Consent Agenda. 29 Appoint Daniel Alemán, Jr., Debbie Anderson, Tandy Boroughs, Jeff Casper, Kenny Green, B.W. Smith and Jennifer Vidler to the Mesquite Industrial Development Corporation for terms to expire December 31, 2023. Approved on the Consent Agenda. END OF CONSENT AGENDA APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 30 Consider appointments to the following Boards, Commissions and Committees: Airport Board of Adjustment, Airport Zoning Commission, 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. (This item was postponed at the December 6, 2021, City Council meeting.) Mr. Green moved to appoint members to the following Boards, Commissions and Committees, effective January 1, 2022: 1. Airport Board of Adjustment – Larry Good (Position No. 1), Wana Alwalee (Position No. 3) and Jack Akin (Position No. 5) for terms to expire December 31, 2023. 2. Airport Zoning Commission – Nancy Felix (Position No. 1), Roger Melend (Position No. 3), Claude McBride, Sr. (Position No. 5) and Debbie Screws (Position No. 7) for terms to expire December 31, 2023. 3. Board of Adjustment – Larry Good (Position No. 1), Wana Alwalee (Position No. 3) and Jack Akin (Position No. 5) for terms to expire December 31, 2023. 4. Building Standards Board – James "Kevin" Morris (Position No. 1 – Master Electrician), Glenn Dickerson (Position No. 7 – Fire Certification) and Scott Gibb (Alternate No. 1 – General Contractor) for terms to expire December 31, 2023. 5. Capital Improvements Advisory Committee – Nancy Felix (Position No. 1), Roger Melend (Position No. 3), Claude McBride, Sr. (Position No. 5) and Debbie Screws (Position No. 7) for terms to expire December 31, 2023. 6. Downtown Development Advisory Board – Art Greenhaw (Position No. 1), Carolyn Miller Stoddard (Position No. 4), Bill Porter (Position No. 7) and Kyle Berry (Position No. 10) for terms to expire December 31, 2022; Julie Greer (Position No. 2), Bradley Brandt (Position No. 5), Helen Ethridge (Position No. 8) and Dustin Palmer (Position No. 11) for terms to expire December 31, 2023; and Belinda Epps (Position No. 3), Natasha Goushey (Position No. 6), Hillary Belknap (Position No. 9) and Lisa Haar (Position No. 12) for terms to expire December 31, 2024. 7. Housing Board – Tyrell Patton (Position No. 4) for a term to expire December 31, 2022 and Brian Perry (Position No. 1), Brandy Baxter (Position No. 3), James Elledge (Position No. 5) and Laquitha Hasley (Alternate No. 1) for terms to expire December 31, 2023. 8. Landmark Commission – Kelly Baird (Position No. 3 – Historian), Phyllis Prycer (Position No. 5 – Resident), Suzanne Wojkowiak (Position No. 7 – Historic City of Mesquite, Texas Page 9 City Council Minutes - Final December 20, 2021 Mesquite, Inc., Board Member) and Peggy Akins (Alternate No. 1 – Resident) for terms to expire December 31, 2023. 9. Library Advisory Board – Barbara Dunn (Position No. 2) for a term to expire December 31, 2022, and Angel Blackstock (Position No. 1), Julie Shelton (Position No. 3), Tammy Jo Strong (Position No. 5) and June Chambers (Position No. 7) for terms to expire December 31, 2023. 10. Parks and Recreation Advisory Board – L. C. Williams (Position No. 2), Keith Briggs (Position No. 4) and Susan Erickson (Position No. 6) for terms to expire December 31, 2022, and Kendrick Blanton (Position No. 1), Steve Bragg (Position No. 3), Debbie Coolidge (Position No. 5), Fred Poe (Position No. 7) and Lara Nix (Alternate No. 1) for terms to expire December 31, 2023. 11. Planning and Zoning Commission – Nancy Felix (Position No. 1), Roger Melend (Position No. 3), Claude McBride, Sr. (Position No. 5) and Debbie Screws (Position No. 7) for terms to expire December 31, 2023. 12. Tree Advisory Board – L. C. Williams (Position No. 2), Keith Briggs (Position No. 4) and Susan Erickson (Position No. 6) for terms to expire December 31, 2022, and Kendrick Blanton (Position No. 1), Steve Bragg (Position No. 3), Debbie Coolidge (Position No. 5), Fred Poe (Position No. 7) and Lara Nix (Alternate No. 1) for terms to expire December 31, 2023. Motion was seconded by Mr. Boroughs and approved unanimously. 31 Consider appointment of four members to the Animal Services Advisory Committee for terms to expire December 31, 2022, and five members for terms to expire December 31, 2023. Mr. Casper moved to appoint Maria Martinez (Position No. 2 – A County or Municipal Official), Patti Dawson (Position No. 4 – Representative of Animal Rescue Organization) and Karen "Chris" Swain (Position No. 8 – Qualified Mesquite Voter and Resident) to the Animal Services Advisory Board for terms to expire December 31, 2022, and Dr. Mark Pirrung (Position No. 1 - Licensed Veterinarian), MaryAnn Chiarelli (Position No. 5 – Representative of Animal Rescue Organization), Tracey DeChant (Position No. 7 – Qualified Mesquite Voter and Resident) and Karen McLeod-Ellis (Position No. 9 – Qualified Mesquite Voter and Resident) for terms to expire December 31, 2023. Motion was seconded by Ms. Vidler and approved unanimously. 32 Consider appointment of three members (Places 6, 7 and 8) to the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2024, two members (Places 1 and 2) for terms to expire December 31, 2023, and one member (Place 9) for a term to expire December 31, 2022. Ms. Anderson moved to appoint Susan Cumby (Place 6) to the Historic Mesquite, Inc., Board of Directors for a term to expire December 31, 2024. Motion was seconded by Mr. Boroughs and approved unanimously. 33 Consider appointment of two members to the Keep Mesquite Beautiful, Inc ., Board of Directors for terms to expire December 31, 2024, one member for a term to expire December 31, 2023, and one member for a term to expire December 31, 2022. Ms. Vidler moved to appoint Lisa Wilson and Sammie Earl for terms to expire December 31, 2024, Sharon Roy for a term to expire December 31, 2023, and Jana Hubacek for a term to expire December 31, 2022. Motion was seconded by Mr. Smith and approved unanimously. City of Mesquite, Texas Page 10 City Council Minutes - Final December 20, 2021 34 Consider appointment of principal and alternate members to the Regional Transportation Council for current terms that expire June 30, 2022. Mr. Green moved to appoint Daniel Alemán, Jr. as the primary member and Tandy Boroughs as the alternate member to the Regional Transportation Council for terms to expire June 30, 2022. Motion was seconded by Ms. Anderson and approved unanimously. OTHER BUSINESS 35 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem for one-year terms. Mr. Casper moved to appoint Kenny Green as Mayor Pro Tem and Tandy Boroughs as Deputy Mayor Pro Tem to serve one-year terms. Motion was seconded by Ms. Vidler and approved unanimously. PUBLIC HEARINGS 36 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1021-0225, submitted by Mukesh Patel, for a change of zoning from Truman Heights Neighborhood District to Planned Development - General Retail to allow construction of a new retail building, located at 2031 North Galloway Avenue. (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. Z1021-0225. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant owns an existing convenience store with fuel sales at 2031 North Galloway Avenue. He proposes to construct a second building on the property to lease or use for other general retail uses. The new building would require compliance with the Truman Heights Neighborhood District (THN), which would include requiring the new building to be located at the front setback line and parking located to the rear. With the existing building and other conditions on the property, it is not feasible to comply with the THN unless the entire property were to be demolished and redeveloped. There are no plans to expand the existing convenience store. Applicant Mukesh Patel stated they have no potential tenants for the proposed building at this time and are open to suggestions. No one appeared regarding Zoning Application No. Z1021-0225. Mr. Green moved to approve Zoning Application No. Z1021-0225, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. PERMITTED USES. The permitted uses on the Property include the permitted uses in the General Retail District classification (GR) as set out in the Mesquite Zoning Ordinance (MZO) and those permitted uses on the Property are subject to the same requirements as set out in the MZO. Prohibited uses on the Property are identified in subsection 2 below. City of Mesquite, Texas Page 11 City Council Minutes - Final December 20, 2021 a. The permitted uses requiring a conditional use permit (CUP) as set out in the MZO also require a CUP for the use to be permitted on the Property. b. The following are additional permitted uses allowable on the Property and are permitted only by obtaining a CUP: i. SIC Code 549a: Convenience Stores ii. SIC Code 5947: Gift Novelty, Souvenir Shops iii. SIC Code 5993: Tobacco Stores iv. SIC Code 7215: Coin-Operated Laundries 2. PROHIBITED USES. The following uses are prohibited on the Property: a. SIC Code 753: Automotive Repair Shops b. Drive-Through Facilities And to approve Ordinance No. 4925, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM TRUMAN HEIGHTS NEIGHBORHOOD DISTRICT TO PLANNED DEVELOPMENT – GENERAL RETAIL ON PROPERTY LOCATED AT 2031 NORTH GALLOWAY AVENUE TO ALLOW USES PERMITTED BY RIGHT IN THE GENERAL RETAIL DISTRICT 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 Mr. Boroughs and approved unanimously. (Ordinance No. 4925 recorded in Ordinance Book No. 126.) 37 A. Conduct public hearing under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station) (“the Zone”), and increasing the total estimated project costs for the Zone, and other related matters. B. An ordinance approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station), increasing the total estimated project costs for the Zone, and other related matters. A public hearing was held under Chapter 311 of the Texas Tax Code to consider approving an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station) and increasing the total estimated project costs for the Zone, and other related matters. Ted Chinn, Assistant City Manager, stated that earlier this evening, the Alcott Logistics Station TIRZ Board met and adopted an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Fourteen (Alcott Logistics Station). Mr. Chinn gave a brief overview of the TIRZ and noted that a TIRZ does not impose a new tax; it is a public financing mechanism to fund public improvements to spur development and raise property values within the boundaries of the TIRZ. As property values increase within the Alcott Logistics Station TIRZ, 50 percent of City property taxes collected on property within the TIRZ will go into a separate City fund to pay for the costs of those public improvements. As each developer constructs public improvements within the City of Mesquite, Texas Page 12 City Council Minutes - Final December 20, 2021 TIRZ, each developer would be entitled to a proportionate reimbursement of available TIRZ revenue generated by their specific development as defined in separate TIRZ reimbursement agreements. Mr. Chinn added that when the TIRZ Project Plan and Reinvestment Zone Financing Plan was approved by Council on May 3, 2021, only Urban Logistics Realty (ULR) project costs were known at the time, and it was estimated that the TIRZ Fund would accumulate an estimated $15.6 million to reimburse ULR and other developers for the construction of eligible public improvement costs within the TIRZ. Since then, the City Council passed Resolution No. 84-2021 authorizing the City Manager to finalize and execute a TIRZ No. 14 Reimbursement Agreement and Chapter 380 Economic Development Program Agreement with 42 Alcott, LP authorizing an additional reimbursement of $5,250,000 in eligible public improvement costs related to their project, and the City Council also adopted Ordinance No. 4919 on December 6, 2021, for a change of zoning for a new age-restricted residential community. Mr. Chinn added that the proposed amended Project Plan and Reinvestment Zone Financing Plan for the TIRZ reflects the increase in estimated project costs for the 42 Real Estate industrial project and increased values attributed to the proposed residential development. Mr. Chinn stated, by statute, the TIRZ Board adopts or amends a TIRZ Project Plan and Reinvestment Zone Financing Plan, and then recommends its approval to the City Council. A TIRZ Project Plan and Reinvestment Zone Financing Plan only becomes effective after Council approval. No one appeared regarding an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Fourteen, City of Mesquite, Texas (Alcott Logistics Station). Ms. Anderson moved to approve Ordinance No. 4926, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS APPROVING AN AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER FOURTEEN, CITY OF MESQUITE, TEXAS (ALCOTT LOGISTICS STATION); INCREASING THE ESTIMATED PROJECT COSTS; MAKING A FINDING OF FEASIBILITY; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 4926 recorded in Ordinance Book No. 126.) NOTICE OF EXECUTIVE SESSION – COUNCIL CONFERENCE ROOM – 8:01 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 (Discuss pending litigation); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 8:24 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 13 City Council Minutes - Final December 20, 2021 ADJOURNMENT Mr. Boroughs moved to adjourn the meeting. Motion was seconded by Mr. Green and approved unanimously. The meeting adjourned at 8:24 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 14