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City Council

Regular Meeting

Mesquite, TX · December 5, 2022

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City of Mesquite, Texas Minutes - Final City Council Monday, December 5, 2022 5:00 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 - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding possible changes to the property owner notification requirements for zoning cases. 2 Receive presentation regarding the City of Mesquite Legislative Program. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Rick Nichols, Pastor, Wildwood Baptist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. PRESENTATIONS 3 Recognize Real. Texas. Service. Champions. City Manager Cliff Keheley, stated that it is an honor to recognize our Real. Texas. Service. Champions. This is a quarterly program to recognize employees for their excellent customer service within our organization and the Mesquite community. A brief video was shown detailing each employee’s contributions to the City of Mesquite. Mayor Alemán, City Councilmembers and City Manager Cliff Keheley presented Certificates of Appreciation to the following employees in honor of their service to the City of Mesquite: Keith Hopkins, Captain - Fire Department; Maria Dominguez, Custodian - Facility Maintenance; Dave Dellos, Print Shop Technician - Finance Department; and Melissa Romero, Senior Administrative Assistant - City Manager’s Office. City of Mesquite, Texas Page 1 City Council Minutes - Final December 5, 2022 SPECIAL ANNOUNCEMENTS 1. Ms. Anderson stated that the Annual Mesquite Police Santa Cop Toy Drive began over 40 years ago, which provides assistance during the Christmas season to children and families in need throughout Mesquite. Donations of new, unwrapped toys can be dropped off at the Mesquite Police Department lobby, 777 North Galloway Avenue, through Friday, December 9, 2022. Monetary donations can be made at www.cityofmesquite.com/Donations. She encouraged citizens to consider donating to this worthy cause. 2. Mr. Smith reminded residents to Take. Lock. Hide. Remember to Take your keys, Lock your car doors and Hide your valuables to reduce the risk of vehicle break-ins or theft. 3. Mr. Boroughs invited citizens to Christmas at the Ranch this Saturday, December 10, 2022, from 10:00 a.m. to 1:00 p.m., at the historic Florence Ranch Homestead, 1424 Barnes Bridge Road. Make a craft, enjoy refreshments and visit with Santa. Visitors are welcome to stop by the historical park anytime this season to enjoy the holiday decorations. 4. Mr. Boroughs commended the Parks and Recreation Department staff, the Mesquite Police Department and all volunteers for a very successful Christmas in the Park this past weekend. 5. Mr. Boroughs stated that today is he and his wife’s wedding anniversary and wished her a Happy Anniversary. 6. Ms. Vidler encouraged residents to shop and dine in Mesquite to help support the local economy and businesses. The City provides alternate driving routes for shoppers to key destinations, such as Town East Mall, at www.cityofmesquite.com/ShoppingRoutes. 7. Mr. Green encouraged citizens to attend Noche de Fiesta, a holiday -themed Hispanic community outreach event, on Saturday, December 10, 2022, from 4:00 p.m. to 8:30 p.m., at Vanston Park, 2913 Oates Drive. This event offers fun for the entire family with yard games, crafts and inflatables . Admission is free and food trucks and other vendors will be on-site. 8. Mr. Casper stated that a program, Weather Activated Relief for Mesquite (WARM), is sponsored by Sharing Life Community Outreach, the Mesquite Ministerial Alliance and the City of Mesquite to provide temporary shelter for individuals who are unsheltered during extreme weather conditions. To volunteer or donate to the program, visit sharing.life/WARM. 9. Mayor Alemán stated that the City of Mesquite has launched a new Spanish language Facebook page, which provides the City a way to connect directly with Spanish -speaking residents by highlighting news and events exclusively in Spanish. You can visit the new page at www.facebook.com/ciudadmesquitetx. 10. Mayor Alemán stated that December 3, 2022, marked one year since Mesquite Police Officer Richard Houston’s was shot and killed. Last Friday, December 2, 2022, a memorial service was held for the family of Officer Houston. Mayor Alemán commended Police Chief David Gill and the Mesquite Police Department (MPD) for their continuing support for Officer Houston’s family. He also thanked Fire Chief Russell Wilson and the Mesquite Fire Department for their support of the MPD. City of Mesquite, Texas Page 2 City Council Minutes - Final December 5, 2022 CONSENT AGENDA Approval of the Consent Agenda Mr. Green moved to approve the items on the Consent Agenda as follows. Motion was seconded by Ms. Vidler and approved unanimously. 4 Minutes of the regular City Council meeting held November 21, 2022. Approved on the Consent Agenda. 5 A resolution authorizing the submission of the 2021 Community Development Block Grant (CDBG) Programs Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD). Approved on the Consent Agenda. Resolution No. 49-2022, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE SUBMISSION OF THE 2021 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. 49-2022 recorded in Resolution Book No. 65.) 6 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 14, 2023, for the City of Mesquite Martin Luther King, Jr., Parade. Approved on the Consent Agenda. Resolution No. 50-2022, 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 14, 2023, FOR THE CITY OF MESQUITE MARTIN LUTHER KING, JR. PARADE. (Resolution No. 50-2022 recorded in Resolution Book No. 65.) 7 RFP No. 2022-124 - Purchase and Development of Orlando Avenue, Mesquite, Texas, 75149, a 1.2-acre tract, to be included within a 13-acre planned development of a commercial industrial property. (Staff recommends award to Masterplan in the amount of $181,082.16, for the development of a 200,000-square-foot commercial building at the northeast corner of IH-635 and US Highway 80 and to authorize the City Manager to execute the Contract for Sale and all necessary closing documents.) Approved on the Consent Agenda. 8 Bid No. 2023-031 - Annual Supply of Police Body Armor. (Staff recommends purchase of Annual Supply of Police Body Armor from Nardis, Inc., through BuyBoard Contract No. 603-20, in an amount not to exceed $52,500.00.) City of Mesquite, Texas Page 3 City Council Minutes - Final December 5, 2022 Approved on the Consent Agenda. 9 Bid No. 2023-034 - Managed Detection and Response Service for Rapid7 Cybersecurity. (Staff recommends purchase of Managed Detection and Response Service for Rapid7 Cybersecurity from SHI/Government Solutions, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-4291, in an amount not to exceed $143,955.00.) Approved on the Consent Agenda. 10 Bid No. 2023-035 - Supply of Replacement Fire Protective Clothing for Fire Operations Personnel. (Staff recommends the purchase of eighteen sets of firefighter protective coats and pants offered by Municipal Emergency Services, Inc., through Sourcewell Purchasing Cooperative Contract No. 032620, in an amount not to exceed $78,670.10.) Approved on the Consent Agenda. 11 Authorize the City Manager to finalize and execute the Work Order for the P 25 Public Safety Radio System maintenance and support with the City of Garland for the term of October 1, 2022, through September 30, 2023, in an amount not to exceed $123,507.00. Approved on the Consent Agenda. 12 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, Texas; 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, 2023. Approved on the Consent Agenda. END OF CONSENT AGENDA City of Mesquite, Texas Page 4 City Council Minutes - Final December 5, 2022 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 13 Consider appointment of four regular members (Position Nos. 2, 4, 6 and 8) to the Animal Services Advisory Committee for terms to expire December 31, 2024, and one regular member (Position No. 7) for a term to expire December 31, 2023. Mr. Casper moved to appoint Maria Martinez as Regular Member (Position No. 2), Patti Dawson as Regular Member (Position No. 4), Christy Fay as Regular Member (Position No. 6) and Karen "Chris" Swain as Regular Member (Position No. 8) to the Animal Services Advisory Committee for terms to expire December 31, 2024. Motion was seconded by Mr. Green and approved unanimously. 14 Consider appointment of two regular members (Position Nos. 2 and 4) and one alternate member (Alternate No. 2) to the Board of Adjustment for terms to expire December 31, 2024. Mr. Casper moved to appoint Aeneas Ford as Regular Member (Position No. 2) and David Burris as Alternate Member (Alternate No. 2) and to move Ronald Abraham from Alternate Member (Alternate No. 1) to Regular Member (Position No. 4) to the Board of Adjustment for terms to expire December 31, 2024. Motion was seconded by Ms. Anderson and approved unanimously. 15 Consider appointment of three regular members (Position Nos. 2, 4 and 6) and one alternate member (Alternate No. 2) to the Building Standards Board for terms to expire December 31, 2024, and one regular member (Position No. 5) and one alternate member (Alternate No. 1) for terms to expire December 31, 2023. Mr. Casper moved to appoint Cary Pritchett as Regular Member (Position No. 4) and Sam Anderson as Alternate Member (Alternate No. 2) to the Building Standards Board for terms to expire December 31, 2024. Motion was seconded by Mr. Green and approved unanimously. 16 Consider appointment of one regular member (Position No. 2) to the Personnel/Trial Board for a term to expire December 31, 2025, and confirmation of appointment by the City Manager to serve as a member of the City of Mesquite Firefighters’ and Police Officers’ Civil Service Commission for a term to expire December 31, 2025. Mr. Casper moved to appoint Patricia DeLaGarza as Regular Member (Position No. 2) to the Personnel/Trial Board for a term to expire December 31, 2025, who will also serve as a member of the City of Mesquite Firefighters' and Police Officers' Civil Service Commission. Motion was seconded by Mr. Green and approved unanimously. 17 Consider appointment of four regular members (Position Nos. 1, 4, 7 and 10) to the Downtown Development Advisory Board for terms to expire December 31, 2025. Mr. Casper moved to appoint Art Greenhaw as Regular Member (Position No. 1), Carolyn Miller Stoddard as Regular Member (Position No. 4), Bill Porter as Regular Member (Position No. 7) and Kyle Berry as Regular Member (Position No. 10) to the Downtown Development Advisory Board for terms to expire December City of Mesquite, Texas Page 5 City Council Minutes - Final December 5, 2022 31, 2025. Motion was seconded by Ms. Vidler and approved unanimously. 18 Consider appointment of three regular members (Places 4, 5 and 9) to the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2025, one regular member (Place 2) for a term to expire December 31, 2023, and one regular member (Place 8) for a term to expire December 31, 2024. Mr. Casper moved to appoint Suanne Toupal as Regular Member (Position No. 4) and Jennifer Keltner as Regular Member (Position No. 5) to the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2025. Motion was seconded by Ms. Vidler and approved unanimously. 19 Consider appointment of two regular members (Position Nos. 2 and 4) and one alternate member (Alternate No. 2) to the Housing Board for terms to expire December 31, 2024. Mr. Casper moved to appoint Laquitha Hasley as Regular Member (Position No. 4), Kalayah Fisher as Alternate Member (Alternate No. 2) and to move Wanda Gray from Alternate Member (Alternate No. 1) to Regular Member (Position No. 2) to the Housing Board for terms to expire December 31, 2024. Motion was seconded by Ms. Vidler and approved unanimously. 20 Consider appointment of three regular members (Places 1, 3 and 6) to the Keep Mesquite Beautiful, Inc., Board of Directors for terms to expire December 31, 2025, and one member (Place 5) for a term to expire December 31, 2023. Mr. Casper moved to appoint Leslie Swinson as Regular Member (Position No. 1) and Elaine Garay as Regular Member (Position No. 3) to the Keep Mesquite Beautiful, Inc., Board of Directors for terms to expire December 31, 2025. Motion was seconded by Ms. Vidler and approved unanimously. 21 Consider appointment of three regular members (Position Nos. 2, 4 and 6) and one alternate member (Alternate No. 2) to the Landmark Commission for terms to expire December 31, 2024, and one regular member (Position No. 1) for a term to expire December 31, 2023. Mr. Casper moved to appoint William Richardson as Regular Member (Position No. 2), Valerie Palmer as Regular Member (Position No. 4) and Lisa Haar as Regular Member (Position No. 6) to the Landmark Commission for terms to expire December 31, 2024. Motion was seconded by Ms. Vidler and approved unanimously. 22 Consider appointment of one regular member (Position No. 4) to the Mesquite Quality of Life Corporation Board of Directors for a term to expire December 31, 2024, who will also serve on the Mesquite Economic Development Advisory Board. Mr. Casper moved to appoint Homero Lopez as Regular Member (Position No. 4) to the Mesquite Quality of Life Corporation Board of Directors for a term to expire December 31, 2024, who will also serve on the Mesquite Economic Development Advisory Board. Motion was seconded by Ms. Vidler and approved unanimously. 23 Consider appointment of three regular members (Position Nos. 2, 4 and 6) to the Parks and Recreation Advisory Board/Tree Advisory Board and one alternate member (Alternate No. 2) for terms to expire December 31, 2024. City of Mesquite, Texas Page 6 City Council Minutes - Final December 5, 2022 Ms. Vidler moved to appoint L.C. Williams as Regular Member (Position No. 2), Keith Briggs as Regular Member (Position No. 4), Susan Erickson as Regular Member (Position No. 6) and Angel Gregory as Alternate Member (Alternate No. 2) to the Parks and Recreation Advisory Board/Tree Advisory Board for terms to expire December 31, 2024. Motion was seconded by Mr. Casper and approved unanimously. 24 Consider appointment of three regular members (Position Nos. 2, 4 and 6) and one alternate member (Alternate No. 2) to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire December 31, 2024. Mr. Casper moved to appoint Millie Arnold as Regular Member (Position No. 2) and Sheila Lynn as Regular Member (Position No. 6) to the Planning and Zoning Commission/Capital Improvements Advisory Board and to move Elizabeth Rodriguez-Ross from Alternate Member (Alternate No. 2) to Regular Member (Position No. 4) and to appoint Dr. Michael Fulton as Alternate Member (Alternate No. 2) for terms to expire December 31, 2024. Motion was seconded by Ms. Vidler and approved unanimously. OTHER BUSINESS 25 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem for one-year terms. Ms. Vidler moved to appoint Tandy Boroughs as Mayor Pro Tem and B. W. Smith as Deputy Mayor Pro Tem to serve one-year terms. Motion was seconded by Mr. Green and approved unanimously. PUBLIC HEARINGS 26 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1022-0257, submitted by Mark Westfall and Artuan McGee of Evolving Texas, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a carwash with modification to the 100-foot residential buffer requirement, located at 2230 North Town East Boulevard. (Two responses in favor and two in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held regarding Zoning Application No. Z1022-0257. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is requesting a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a carwash and vacuums with modification to the 100-foot residential buffer requirement. Mr. Armstrong reviewed the site plan and stated that the carwash and vacuums would be 75 feet from residential property lines. An eight-foot masonry screening wall will be required. Councilmembers expressed concerns regarding noise to nearby residents and vehicle stacking onto Town East Boulevard. Applicant Mark Westfall, representing Evolving Texas, stated that the existing City of Mesquite, Texas Page 7 City Council Minutes - Final December 5, 2022 masonry wall along the residential property line will be replaced by an eight-foot-tall masonry wall with a tree and shrub buffer. Owner Vinh Pham stated that he is committed to adhering to City noise regulations as to not disturb nearby residents. Deidra Johnson, 2308 Fulton Drive, expressed concerns regarding noise and traffic. Ms. Vidler moved to deny Zoning Application No. Z1022-0257. Motion was seconded by Mr. Green. On call for a vote on the motion, the following votes were cast: Ayes: Alemán, Green, Boroughs, Vidler, Smith Nayes: Casper, Anderson Motion carried. 27 Conduct a public hearing and consider possible action regarding a request from David Spencer of David Evans & Associates, Inc., to substitute an existing eight-foot-tall landscape hedge for the required six-foot-tall wood or masonry fence to screen outdoor storage, located at 1715 Big Town Boulevard. A public hearing was held to consider possible action regarding a request from Kevin Spencer of David Evans & Associates, Inc., to substitute an existing eight-foot-tall landscape hedge for the required six-foot-tall wood or masonry fence to screen outdoor storage at 1715 Big Town Boulevard. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is proposing to use the property, owned by Union Pacific Railroad and across the street from the Union Pacific Intermodal Facility, to store tractors, trailers, chassis, containers and other related items. The applicant is requesting to allow the existing vegetative screen to remain in place, which was approved In 1998 for a previous development. Mr. Armstrong suggested some additional stipulations be added if the request is approved. Applicant Tyler Sharp, on behalf of Kevin Spencer of David Evans & Associates, Inc., stated the bushes will be maintained periodically and the property contains a working irrigation system. He stated that he is agreeable to the added stipulations. Mr. Green moved to approve the request to substitute an existing eight-foot-tall landscape hedge for the required six-foot-tall wood or masonry fence to screen outdoor storage at 1715 Big Town Boulevard with the following stipulations: 1. The property owner shall repair any defects to the existing chain link fence including but not limited to privacy slats; 2. The property owner shall plant similar hedges to fill in any gaps in the existing landscape hedge; and 3. The property owner shall trim the existing landscape hedges as directed by and subject to the approval of the Director of Planning and Development Services and to thereafter maintain the landscape hedge. Motion was seconded by Ms. Vidler and approved unanimously. City of Mesquite, Texas Page 8 City Council Minutes - Final December 5, 2022 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:39 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 company considering locating a regional e-commerce and distribution center on IH-20 and FM 2932); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:50 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Boroughs and approved unanimously. The meeting adjourned at 8:41 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 9

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, December 5, 2022 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 December 5, 2022. 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 December 5, 2022, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 22-6344 Receive briefing regarding possible changes to the property owner notification requirements for zoning cases. 2 22-6349 Receive presentation regarding the City of Mesquite Legislative Program. (Any staff presentation not completed prior to the City Council Regular Meeting in the City Council Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular Meeting.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Rick Nichols. Pastor, Wildwood Baptist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City of Mesquite, Texas Page 1 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 City Staff. PRESENTATIONS 3 22-6343 Recognize Real. Texas. Service. Champions. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.) 4 22-6297 Minutes of the regular City Council meeting held November 21, 2022. Attachments: November 21, 2022, minutes 5 22-6320 A resolution authorizing the submission of the 2021 Community Development Block Grant (CDBG) Programs Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD). Attachments: PY21 Consolidated Annual Performance and Evaluation Report PY21 CDBG Program Overview Resolution 6 22-6339 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 14, 2023, for the City of Mesquite Martin Luther King, Jr., Parade. City of Mesquite, Texas Page 2 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 Attachments: Resolution 7 22-6341 RFP No. 2022-124 - Purchase and Development of Orlando Avenue, Mesquite, Texas, 75149, a 1.2-acre tract, to be included within a 13-acre planned development of a commercial industrial property. (Staff recommends award to Masterplan in the amount of $181,082.16, for the development of a 200,000-square-foot commercial building at the northeast corner of IH-635 and US Highway 80 and to authorize the City Manager to execute the Contract for Sale and all necessary closing documents.) Attachments: Land Appraisal Working Concept Plan 8 22-6309 Bid No. 2023-031 - Annual Supply of Police Body Armor. (Staff recommends purchase of Annual Supply of Police Body Armor from Nardis, Inc., through BuyBoard Contract No. 603-20, in an amount not to exceed $52,500.00.) Attachments: Quote Bid Recommendation Form 9 22-6327 Bid No. 2023-034 - Managed Detection and Response Service for Rapid7 Cybersecurity. (Staff recommends purchase of Managed Detection and Response Service for Rapid7 Cybersecurity from SHI/Government Solutions, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-4291, in an amount not to exceed $143,955.00.) Attachments: Quote 10 22-6328 Bid No. 2023-035 - Supply of Replacement Fire Protective Clothing for Fire Operations Personnel. (Staff recommends the purchase of eighteen sets of firefighter protective coats and pants offered by Municipal Emergency Services, Inc., through Sourcewell Purchasing Cooperative Contract No. 032620, in an amount not to exceed $78,670.10.) Attachments: Quote 11 22-6310 Authorize the City Manager to finalize and execute the Work Order for the P25 Public Safety Radio System maintenance and support with the City of Garland for the term of October 1, 2022, through September 30, 2023, in an amount not to exceed $123,507.00. Attachments: Work Order with City of Garland Garland Invoice 211 Garland Invoice 212 12 23-6326 Appoint Daniel Alemán, Jr. as Chairman of the Board of Directors on the City of Mesquite, Texas Page 3 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 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, Texas; 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, 2023. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 13 22-6334 Consider appointment of four regular members (Position Nos. 2, 4, 6 and 8) to the Animal Services Advisory Committee for terms to expire December 31, 2024, and one regular member (Position No. 7) for a term to expire December 31, 2023. Attachments: List of Eligible Applicants 14 22-6321 Consider appointment of two regular members (Position Nos. 2 and 4) and one alternate member (Alternate No. 2) to the Board of Adjustment for terms to expire December 31, 2024. 15 22-6322 Consider appointment of three regular members (Position Nos. 2, 4 and 6) and one alternate member (Alternate No. 2) to the Building Standards Board for terms to expire December 31, 2024, and one regular member (Position No. 5) and one alternate member (Alternate No. 1) for terms to expire December 31, 2023. 16 22-6312 Consider appointment of one regular member (Position No. 2) to the Personnel/Trial Board for a term to expire December 31, 2025, and confirmation of appointment by the City Manager to serve as a member of the City of Mesquite Firefighters’ and Police Officers’ Civil Service Commission for a term to expire December 31, 2025. 17 22-6331 Consider appointment of four regular members (Position Nos. 1, 4, 7 and 10) to the Downtown Development Advisory Board for terms to expire December 31, 2025. 18 22-6330 Consider appointment of three regular members (Places 4, 5 and 9) to the Historic Mesquite, Inc., Board of Directors for terms to expire December 31, 2025, one regular member (Place 2) for a term to expire December 31, 2023, and one regular member (Place 8) for a term to expire December 31, 2024. City of Mesquite, Texas Page 4 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 Attachments: List of Eligible Applicants 19 22-6332 Consider appointment of two regular members (Position Nos. 2 and 4) and one alternate member (Alternate No. 2) to the Housing Board for terms to expire December 31, 2024. 20 22-6335 Consider appointment of three regular members (Places 1, 3 and 6) to the Keep Mesquite Beautiful, Inc., Board of Directors for terms to expire December 31, 2025, and one member (Place 5) for a term to expire December 31, 2023. Attachments: List of Eligible Applicants 21 22-6323 Consider appointment of three regular members (Position Nos. 2, 4 and 6) and one alternate member (Alternate No. 2) to the Landmark Commission for terms to expire December 31, 2024, and one regular member (Position No. 1) for a term to expire December 31, 2023. 22 22-6336 Consider appointment of one regular member (Position No. 4) to the Mesquite Quality of Life Corporation Board of Directors for a term to expire December 31, 2024, who will also serve on the Mesquite Economic Development Advisory Board. Attachments: List of Eligible Applicants 23 22-6338 Consider appointment of three regular members (Position Nos. 2, 4 and 6) to the Parks and Recreation Advisory Board/Tree Advisory Board and one alternate member (Alternate No. 2) for terms to expire December 31, 2024. Attachments: List of Eligible Applicants 24 22-6325 Consider appointment of three regular members (Position Nos. 2, 4 and 6) and one alternate member (Alternate No. 2) to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire December 31, 2024. Attachments: List of Eligible Applicants City of Mesquite, Texas Page 5 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 OTHER BUSINESS 25 22-6318 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem for one-year terms. Attachments: History of Mayor Pro Tem & Deputy Mayor Pro Tem 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.) 26 22-6329 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1022-0257, submitted by Mark Westfall and Artuan McGee of Evolving Texas, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow a carwash with modification to the 100-foot residential buffer requirement, located at 2230 North Town East Boulevard. (Two responses in favor and two in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) Attachments: Staff report and maps P&Z minutes Ordinance 27 22-6333 Conduct a public hearing and consider possible action regarding a request from David Spencer of David Evans & Associates, Inc., to substitute an existing eight-foot-tall landscape hedge for the required six-foot-tall wood or masonry fence to screen outdoor storage, located at 1715 Big Town Boulevard. Attachments: Staff Report and Maps ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 6 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 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. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18 2. Tejas Motel, L.L.C. v. City of Mesquite, Acting by and through its Board of Adjustment, Civil Action No. 3:20-cv-20-01982-X – Filed 7-27-20 3. 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 4. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 5. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21 6. Daniel Gonzales v. City of Mesquite, Cause No. CC-21-05087-D - Filed 11-22-21 7. City of Mesquite v. CC Hillcrest, LLC, Summit Hillcrest Apartments, Ltd, Hillcrest GP, LLC and 2119 Hillcrest St., Mesquite, Texas 75149 in rem, Cause No. DC-22-01764 - Filed 2-14-22; and In re CC Hillcrest, LLC, Case No. 22-31362-swe11 – Filed 7-29-22 8. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22 9. Clement Bernard v. City of Mesquite, Texas, Civil Action No. 3:22-cv-00928 - Filed 4-26-22 10. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22 11. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 9-6-22 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: 28 22-6340 Discuss economic incentives for a company considering locating a regional e-commerce and distribution center on IH-20 and FM 2932. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. City of Mesquite, Texas Page 7 Monday, December 5, 2022 City Council Meeting Agenda December 5, 2022 The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator. City of Mesquite, Texas Page 8 Monday, December 5, 2022

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