City Council

City of Mesquite, Texas Minutes - Final City Council Monday, March 21, 2022 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, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive presentation regarding results of 2021 Community Attitude and Satisfaction Survey. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:32 P.M. 2 Receive quarterly activity report from the Economic Development Department. Kim Buttram, Director of Economic Development, presented the Economic Development Department quarterly report covering October 1, 2021, through December 31, 2021. She reviewed quarterly statistics including building permits issued, certificates of occupancy issued and sales tax collection. She stated that 68 new businesses have opened this quarter creating 564 new jobs. The Alcott Logistics Station, Building C, located at 2800 East Scyene Road, has a permit value of $15.4 million, which will be the future location of Vehicle Accessories, Inc., and Landmark at the Meadows, located at 2401 East Meadows Drive, has a permit value of $15 million. Ms. Buttram reviewed economic development highlights including the first Christmas on the Corridor event held on Gus Thomasson Road, Solterra development groundbreaking and two Texas Downtown Association awards received by the City: Best Digital Promotion for cities 50K+ population and People’s Choice Award for Digital Promotion. As part of the Rodeo Parade event, the Farmer’s Market at Front Street Station will be open on Saturday, April 2, 2022, from 9:00 a.m. to 1:00 p.m., but will officially celebrate the Grand Opening of the market this year on Saturday, April 9, 2022. Councilmembers thanked the Economic Development staff for their efforts in promoting the City of Mesquite. City of Mesquite, Texas Page 1 City Council Minutes - Final March 21, 2022 NOTICE OF EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:45 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Item No. 28 - Discuss economic development incentives for a new industrial business park at the corner of IH-20 and FM 2932 in Trinity Pointe, Mesquite, Kaufman County); whereupon the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:56 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Archie Greer, Pastor, Trinity Worship Center, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. PRESENTATIONS 3 Receive presentation of 2021 meritorious awards to Fire Department employees. Fire Chief Russell Wilson stated that the purpose of the annual Fire Department meritorious awards is to recognize members of the Mesquite Fire Department and employees of the City of Mesquite who provide superior public service to Mesquite residents. He stated that part of this presentation was pre-recorded due to scheduling issues with those being recognized. Chief Wilson stated that one of the ways that the Fire Department measures a firefighters’ physical ability to perform is an evaluation called the Physical Ability Test (PAT), which is mandatory for every fire department member, up to and including the Fire Chief. This past year, approximately 110 Fire Department members were tested. The following members posting times designated as optimal for their age group earning the PAT Fitness Bar include: • Nicholas Alonso, James Baldwin, Clint Barthold*, Justin Beaird*, Zachary Bell, Travis Block**, Darnell Brundage, Royce Cartwright**, Thomas Chapman*, Robert Clarke**, Alex Craig, Paul Craig*, Kenneth Crawford*, Nicholas Dagenais, David David*, Jason Eddy**, Israel Guy, Matthew Haisten*, Jeremy Heiner*, Jacob Heise**, Tobias Henry**, Chad Holmes*, Austin Holt*, Bradley Hurtt*, Aaron Inman, James Johnson*, Gary (Kyle) Jones**, Rodney Jones**, John Kelly*, Miles Lacey*, James McCoy, Drew Morovick*, Thomas Neff, David Page**, Victor Palasciano, Casey Peach**, Michael Potter*, Eric Rodgers**, Justin Sanders**, Charles Schmitt*, Bryan Serda**, Anthony Shrum**, Stephen Snell**, Cory Tomlin, Nicholas Vander Tuig*, Jack Wells*, Robert Williams*, Patrick (PJ) Wilson and City of Mesquite, Texas Page 2 City Council Minutes - Final March 21, 2022 Eric Wright*. * Receiving for the second time ** Receiving for the third time The following persons were honored as follows: • Attendance Award to Lieutenant (LT) John Blaylock, LT/Paramedic (PAR) Travis Block, Captain (CPT) Eric Haake, Lt. David Lester*, Driver-Engineer (DE)/PAR Casey Peach, Deputy Fire Chief Brian Staples**, LT/PAR Chad Tessem*, CPT Jarrod Thurman and LT/PAR Cory Tomlin. * Receiving for the second time ** Receiving for the third time • Lifesaving Award No. 1 – Firefighter/Paramedic (FF/PAR) Dustin Rhodes, FF/PAR Caleb Schallawitz and Dispatcher - Officer Marcus Rodriguez #1121. • Lifesaving Award No. 2 – LT/PAR Jesse Kingery, DE/PAR David Trent, FF/PAR Stephen Snell, FF/PAR Craig Cain, FF/PAR Jack London, FF/PAR Landon Gregory and Dispatcher - Officer Chelsea Wilcox #1231. • Lifesaving Award No. 3 – CPT/PAR Tash Even, DE/PAR Bobby Bryant, FF/PAR Steve Jones, FF/Emergency Medical Technician (EMT) James McCoy, FF/PAR Jonathan Wright, FF/PAR William Rosen and Dispatcher - Officer Jack Fyall #961. • Lifesaving Award No. 4 – CPT/PAR Israel Guy, DE/PAR Paul Craig, DE/PAR James Baldwin, DE/PAR Kasey Vestal, FF/PAR Bradley Hurtt, FF/PAR Rodrick Levingston and Public Safety Dispatcher Omega Waynes #1112. • Lifesaving Award No. 5 – CPT/PAR Keith Hopkins, LT/PAR Jacob Heise, DE/PAR Wayne Lasater, FF/PAR Connor Lowrance, FF/PAR Kyle Kresta, FF/PAR Isaac Joseph, Mesquite Police Department (MPD) Officer Teresa Siguenza #1275 and Public Safety Dispatcher Mindy Jones #1254. • Lifesaving Award No. 6 – CPT/PAR Kenneth Crawford, DE/PAR Matthew Koop, FF/PAR Justin Turner, FF/PAR Darnell Brundage, FF/PAR Dustin Rhodes, FF/PAR Caleb Schallawitz and Public Safety Dispatcher Kelly Liptrap #625. • Lifesaving Award No. 7 – LT/PAR Jacob Heise, DE/PAR Michael Small, FF/EMT Leon Wilson, FF/PAR Justin Bunting, FF/PAR Brett Phillips, MPD Officer Anthony Arredondo #1281 and Public Safety Dispatcher Amanda Sanders #1327. • Lifesaving Award No. 8 – LT/PAR Travis Block, FF/PAR David Williams, FF Bryce Nail, FF/PAR Alex Craig, CPT/PAR David Ivie and Public Safety Dispatcher Kelly Liptrap #625. • Fire Paramedic of the Year – FF/PAR Jonathan Wright • Fire Officer of the Year – CPT/PAR Matthew Haisten • Firefighter of the Year – DE/PAR Eric Wright City of Mesquite, Texas Page 3 City Council Minutes - Final March 21, 2022 SPECIAL ANNOUNCEMENTS 1. Mr. Casper invited citizens to attend a District 1 neighborhood meeting and Mike Anderson Park citizen input meeting on Saturday, March 26, 2022, from 1:00 p.m. to 3:00 p.m., at the future park’s location, 3500 East Emporium Circle. 2. Mr. Green stated that Pond Hopper Nation’s Kids Fishing Event will be held on Saturday, March 26, 2022, from 10:00 a.m. to 3:00 p.m., at City Lake Park, 200 Parkview Street. This event is designed to educate and provide a hands-on fishing experience and memories for children and families. The first 100 children that attend will receive a free fishing rod and tackle. He encouraged families to take advantage of this exciting event. 3. Ms. Vidler encouraged citizens to participate in the ReadPlayTalk Fair to be held on Saturday, March 26, 2022, from 10:00 a.m. to 12:00 Noon, at Mesquite High School, 300 East Davis Street. Mesquite businesses will provide games, activities and crafts for families to enjoy and Mayor Alem án will read to students. 4. Mr. Boroughs stated that City Council Redistricting Public Input Meetings will be held at 7:00 p.m. on Tuesday, March 29, 2022, at Florence Recreation Center, 2501 Whitson Way; Tuesday, April 5, 2022, at Rutherford Recreation Center, 900 Rutherford Drive; and Monday, May 2, 2022, in the City Council Chambers, City Hall, 757 North Galloway Avenue. He encouraged residents to attend these meetings and provide their comments. 5. Mr. Boroughs stated that he has been retired from the Mesquite Fire Department for seven years and expressed appreciation to Fire Chief Russell Wilson and members of the Mesquite Fire Department for their service to the City. 6. Mr. Smith stated that the City Council was briefed in today’s Pre-Meeting regarding results of the 2021 Community Attitude and Satisfaction Survey. He stated that he is proud to announce that the Police Department and Fire Department received very high marks from the community. 7. Mr. Smith encouraged citizens to attend the Rodeo Parade on Saturday, April 2, 2022, in Downtown Mesquite. The Farmer’s Market will be open at Front Street Station for shopping and food trucks will be on site. 8. Ms. Anderson stated that April is National Volunteer Month. Being a volunteer in the City for over 20 years, she confirmed that volunteers are essential to the City ’s ability to provide quality service to the community by participating in a variety of City programs and activities. 9. Mayor Alemán reminded residents that Mesquite Independent School District students are back in school after Spring Break. Therefore, he encouraged drivers to pay attention and Drive Like Your Family Lives Here. CONSENT AGENDA Approval of the Consent Agenda Mayor Alemán requested that Item No. 4 be removed from the Consent Agenda to be considered separately. Mr. Green requested that Item No. 8 be removed from the Consent Agenda to be considered separately. Mr. Green moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded City of Mesquite, Texas Page 4 City Council Minutes - Final March 21, 2022 by Ms. Vidler and approved unanimously. 5 Bid No. 2021-035 - Annual Facility Maintenance, Time and Material, Repair and Remodeling Contract. (Authorize the City Manager to finalize and execute the first renewal of the contracts with Concord Commercial Services, Inc., in an amount not to exceed $115,000.00; R Staggs Contracting LLC, dba Staggs Enterprise in an amount not to exceed $10,000.00; Berger Engineering Co. in an amount not to exceed $465,000.00; Boyd Operating Company, LLC, dba Boyd Electric in an amount not to exceed $30,000.00; Artex Overhead Door Company in an amount not to exceed $35,000.00; JM Management LLC, dba JM Construction Solutions in an amount not to exceed $35,000.00; Texas Building Controls in an amount not to exceed $10,000.00; Phillips Lawn Sprinkler Co., Inc. in an amount not to exceed $10,000.00; and Precision Fencing, LLC, in an amount not to exceed $10,000.00, for a total amount not to exceed $720,000.00. The term of this renewal contract is for a one-year period with three additional one-year renewal options remaining. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 6 RFP No. 2021-107 - Purchase and Development of 2015 and 2019 North Galloway Avenue, Mesquite, Texas, 75149 for the development of a quick service restaurant and public amenities. (Staff recommends award to HCABDN Inc., dba Williams Chicken in the amount of $487,000.00 for the development of a quick service restaurant and public amenities and authorize the City Manager to execute the Contract for Sale and all necessary closing documents.) Approved on the Consent Agenda. 7 Bid No. 2022-034 - Fiber Optic Connection for Kaufman County Large Diameter Transmission Water Main Project. (Authorize the City Manager to approve a purchase order to Future Infrastructure, LLC, through the City's Joint Response For Purchase with Mesquite Independent School District No. 2020-007, in an amount not to exceed $72,811.00.) Approved on the Consent Agenda. 9 Bid No. 2022-055 - Latimore Park: Playground. (Rescind authorization City Council granted the City Manager to finalize and execute a contract with Total Recreation Products, Inc., through BuyBoard National Purchasing Cooperative Contract No. 592-19, in the amount of $93,241.83.) Approved on the Consent Agenda. 10 Bid No. 2022-055 - Latimore Park: Playground. (Authorize the City Manager to finalize and execute a contract with PlayCore Wisconsin, Inc., dba GameTime, through OMNIA Purchasing Cooperative Contract No. 2017001134, in the amount of $92,000.23.) City of Mesquite, Texas Page 5 City Council Minutes - Final March 21, 2022 Approved on the Consent Agenda. 11 Bid No. 2022-075 - Annual Microsoft Enterprise Agreement and Office 365 Maintenance. (Staff recommends renewal of the third and final year of the Microsoft Enterprise Agreement to SHI/Government Solutions, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-4092, in the total amount of $224,539.87.) Approved on the Consent Agenda. 12 Bid No. 2022-077 - Purchase of MPD Tactical Night Vision Devices. (Staff recommends award to Rules of Engagement Tactical LLC, through BuyBoard Contract No. 603-20, in the amount of $59,921.71.) Approved on the Consent Agenda. 13 Bid No. 2022-078 - Purchase of Eleven Ford F150 (F1C-W1C & SWB) for various City departments. (Staff recommends award to Sam Pack’s Five Star Ford, through BuyBoard Contract # 601-19, in the amount of $417,015.04.) Approved on the Consent Agenda. 14 Bid No. 2022-079 - Purchase of Twelve Ford Escape SUVs (Model Numbers U0F and U0B) for various City departments. (Staff recommends award to Sam Pack’s Five Star Ford, through BuyBoard Contract No. 601-19, in the amount of $301,836.52.) Approved on the Consent Agenda. 15 Bid No. 2022-080 - Purchase of One Case IH Farmall 110A Tractor with Boom Mower. (Staff recommends award to Associated Supply Company, Inc., through BuyBoard Contract No. 611-20, in the amount of $156,101.80.) Approved on the Consent Agenda. 16 Bid No. 2022-081 - Purchase of One Street Sweeper for the Streets Division. (Staff recommends award to Kinloch Equipment & Supply, Inc., through Sourcewell Contract No. 093021-ELG, in the amount of $310,640.00). Approved on the Consent Agenda. 17 Bid No. 2022-084 - Owner’s Representative Services for the Administration of a Construction Manager-at-Risk Contract for the Construction of New Fire Station No. 2. (Authorize the City Manager to finalize and execute a contract with Fitzpatrick Design Construction Services Group LLC, for Owner’s Representative Services in connection with the design and construction of New Fire Station No. 2 in an amount not to exceed $140,000.00, inclusive of reimbursables.) Approved on the Consent Agenda. City of Mesquite, Texas Page 6 City Council Minutes - Final March 21, 2022 18 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2020-052, Renovation of 109-111 Broad Street - Heritage Plaza, with Donald F. Sopranzi, AIA, LEED-AP for changes in the design in the amount of $5,065.50. Approved on the Consent Agenda. 19 Authorize the City Manager to finalize and execute Change Order No. 3 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 $142,532.00. Approved on the Consent Agenda. 20 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Binkley & Barfield, Inc., for the final design and construction documents for the Utility Relocation of US 80 from east of IH 30 to east of Gus Thomasson Road in the amount of $224,700.00 Approved on the Consent Agenda. 21 Authorize the City Manager to finalize and execute Change Order No. 1, to Bid No. 2020-011, Matthew Holzapfel Pump Station Project, with Gracon Construction, Inc., for price increases in certain materials required for the project in the amount of $101,613.45. Approved on the Consent Agenda. 22 Approve Amendment No. 1 to the 2021-22 Police Treasury 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 $83,500.00. Approved on the Consent Agenda. 23 Approve Amendment No. 1 to the Fiscal Year 2021-22 Police Federal 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 $188,000.00. Approved on the Consent Agenda. 24 Approve Amendment No. 3 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 $153,700.00. Approved on the Consent Agenda. CONSENT AGENDA ITEMS TO BE CONSIDERED SEPARATELY 4 Minutes of the regular City Council meeting held March 7, 2022. Mayor Alemán stated that he inadvertently voted in opposition to the motion for City of Mesquite, Texas Page 7 City Council Minutes - Final March 21, 2022 Item No. 23 on the March 7, 2022, City Council meeting agenda, but intended to vote in favor of the motion and requested that this be documented in the March 7, 2022, minutes. Ms. Vidler moved to approve the correction to the March 7, 2022, City Council minutes. Motion was seconded by Mr. Green and approved unanimously. 8 RFP No. 2022-042 - Purchase and Development of 4545 Gus Thomasson Road, Mesquite, Texas, 75150 for the development of a coffee shop and public amenities. (Staff recommends award to 4545 Gus Thomasson, LLC in the amount of $485,940.00, and authorize the City Manager to execute the Contract for Sale and all necessary closing documents.) Mr. Green requested that staff review the concept plan for the proposed development. Lexie Woodward, Manager of Economic Development, stated that the concept plan is for a Black Rock Coffee, with a drive-through and patio, in combination with public amenities. The tentative plans include a dog park and public parking, which would serve the dog park and area businesses as well as the Casa View Heights neighborhood. A hike and bike trail utilizes approximately 10 percent of the lot. Mr. Green moved to approve RFP No. 2022-042, Purchase and Development of 4545 Gus Thomasson Road, Mesquite, Texas, 75150. Motion was seconded by Mr. Casper and approved unanimously. END OF CONSENT AGENDA PUBLIC HEARINGS 25 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance adopting Standards of Care associated with the City ’s recreation programs titled “2022 Youth Programs Standards of Care” and repealing Ordinance No. 4847. A public hearing was held regarding the Parks and Recreation Department Youth Programs Standards of Care. Elizabeth Harrell, Director of Parks and Recreation, stated that the Parks and Recreation Department operates youth recreation programs at the recreation centers after regular school hours and when school is not in session. Ms. Harrell stated that the Youth Programs Standards of Care (SOC) is reviewed annually and adopted by ordinance, following a public hearing. This year, the SOC were revised to update new staff member information and clarify that Centers for Disease Control and Prevention (CDC) guidelines would be followed for any communicable diseases. The SOC is provided to participants upon registration into the program. No one appeared regarding the Parks and Recreation Department Youth City of Mesquite, Texas Page 8 City Council Minutes - Final March 21, 2022 Program SOC. Ms. Vidler moved to approve Ordinance No. 4943, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING STANDARDS OF CARE ASSOCIATED WITH THE CITY’S RECREATION PROGRAMS TITLED “2022 YOUTH PROGRAMS STANDARDS OF CARE”; REPEALING ORDINANCE NO. 4847; PROVIDING A GENERAL REPEALING CLAUSE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Boroughs and approved unanimously. (Ordinance No. 4943 recorded in Ordinance Book No. 126.) 26 A. Conduct a 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 Twelve, City of Mesquite, Texas (IH-20 Business Park) (“the Zone”), 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 Twelve, City of Mesquite, Texas (IH-20 Business Park), increasing the total estimated project costs for the Zone, making a finding regarding feasibility, providing repealer and severability clauses, and providing an effective date thereof. A public hearing was held under Chapter 311 of the Texas Tax Code regarding an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20 Business Park) 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 IH-20 Business Park Tax Increment Reinvestment Zone (TIRZ) Board met and adopted an amendment to the current Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Twelve (IH-20 Business Park). He stated that on July 6, 2021, the City Council provided a Project Plan and Reinvestment Zone Financing Plan for the IH-20 Business Park TIRZ that included Phase 1 of Dalfen Industrial’s Mesquite Airport Logistics Center which included expansion of the TIRZ to incorporate the non-contiguous area in and around the airport. Mr. Chinn stated that on February 21, 2022, the City Council passed Resolution No. 12-2022 authorizing the City Manager to finalize and execute a Chapter 380 Agreement with Dalfen affiliate DG Mesquite III Property Owner, L.P. for Phase 2 of the Mesquite Airport Logistics Center. Phase 2 includes Dalfen’s commitment to purchase the remaining balance of 33 acres from the City-owned 50-acre tract, a portion of which includes two industrial buildings now under construction, and the additional purchase of 12.4763 acres of unused Airport property in order to complete development of the five-building logistics center. The total purchase price of $2.28 million for the 45 acres of City property will be reimbursed to Dalfen as an incentive under the Chapter 380 Agreement contingent upon Dalfen completing construction of Airport Boulevard, three industrial buildings for Phase 2, and construction of a 2,400-foot water line along Berry Road. No one appeared regarding an amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20 Business Park). City of Mesquite, Texas Page 9 City Council Minutes - Final March 21, 2022 Mr. Green moved to approve Ordinance 4944, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, APPROVING AN AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER TWELVE, CITY OF MESQUITE, TEXAS (IH-20 BUSINESS PARK)(THE “ZONE”); INCREASING THE TOTAL ESTIMATED PROJECT COSTS FOR THE ZONE; MAKING A FINDING REGARDING FEASIBILITY; PROVIDING REPEALER AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE THEREOF. Motion was seconded by Ms. Anderson and approved unanimously. (Ordinance No. 4944 was recorded in Ordinance Book No. 126.) 27 Conduct a public hearing to obtain public comments and consider an ordinance amending Chapter 5 of the Mesquite City Code, by revising Article XII - Energy Conservation Code (I.E.C.C.) by making certain additions and deletions to the local amendments of the 2018 Edition of the International Code published by the International Code Council (I.C.C.) regarding appeals of administrative decisions and an exception to the standards for how a person may insulate certain buildings over 100,000 square feet. A public hearing was held to consider amending Chapter 5 of the Mesquite City Code, by revising Article XII - Energy Conservation Code (I.E.C.C.) Jeff Armstrong, Director of Planning and Development Services, stated that the International Energy Conservation Code (I.E.C.C.), 2018 Edition was adopted by the City of Mesquite in 2020. Proposed are amendments to the adopted I.E.C.C. that clarify the appeal process and provide flexibility in energy code requirements for certain low energy uses in buildings exceeding 100,000 square feet. Primarily this flexibility would apply to warehouse and logistics types of uses. On January 13, 2022, the Building Standards Board recommended approval of the proposed amendments. No one appeared regarding amending Chapter 5 of the Mesquite City Code, by revising Article XII - Energy Conservation Code (I.E.C.C.) Ms. Vidler moved to approve Ordinance No. 4945, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 5 OF THE MESQUITE CITY CODE BY REVISING ARTICLE XII – ENERGY CONSERVATION CODE (I.E.C.C.) BY MAKING CERTAIN ADDITIONS AND DELETIONS TO THE LOCAL AMENDMENTS OF THE 2018 EDITION OF THE INTERNATIONAL CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL (I.C.C.) REGARDING APPEALS OF ADMINISTRATIVE DECISIONS AND AN EXCEPTION TO THE STANDARDS FOR HOW A PERSON MAY INSULATE CERTAIN BUILDINGS OVER 100,000 SQUARE FEET; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE WITH A FINE NOT TO EXCEED $2,000; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Vidler, Boroughs, Aleman, Green, Smith, Anderson Nayes: Casper Motion carried. (Ordinance No. 4945 was recorded in Ordinance Book No. 126.) City of Mesquite, Texas Page 10 City Council Minutes - Final March 21, 2022 ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Smith and approved unanimously. The meeting adjourned at 8:09 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 11