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City Council

Regular Meeting

Mesquite, TX · January 17, 2023

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Minutes

City of Mesquite, Texas Minutes - Final City Council Tuesday, January 17, 2023 5:30 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Tandy Boroughs, B. W. Smith, Kenny Green, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - TRAINING ROOMS A & B - 6:29 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 (Receive update on pending litigation cases); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 6:44 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 Mike Tolleson, Minister of the Gospel. PLEDGE OF ALLEGIANCE Members of the Mesquite Heart Board. SPECIAL ANNOUNCEMENTS 1. Mayor Alemán recognized the 2023 Class of Leadership Mesquite who were in attendance tonight . Leadership Mesquite is a nine-month educational program sponsored by the Mesquite Chamber of Commerce. The program identifies, honors, educates, challenges and develops a select group of emerging business and civic leaders with a potential to provide future leadership for the Mesquite Community. The facilitators of Leadership Mesquite are Kim Buttram, City of Mesquite Director of Economic Development, and Kristi Krajca, Mesquite Independent School District (MISD) Career and Technical Education Director. City of Mesquite, Texas Page 1 City Council Minutes - Final January 17, 2023 2. Mr. Casper stated that on Saturday, February 18, 2023, the Mesquite Parks and Recreation Department will host the annual Daddy Daughter Dance at the Mesquite Convention Center for fathers and daughters of all ages. Two sessions will be offered – 4:00 to 6:00 p.m. and 7:00 p.m. to 9:00 p.m. Tickets are $20.00 per person and must be purchased in advance on the City of Mesquite website, at City of Mesquite Recreation Centers or at the Parks and Recreation Administration Office. 3. Mr. Green stated that the City has launched a more secure, convenient and user -friendly online payment system for customers called MesquitePay. No City-related convenience fees will be charged if customers pay via cash, money order, check by mail or in -person or through a bank’s bill pay option. To register, visit www.cityofmesquite.com/MesquitePay. 4. Mr. Green invited citizens to attend a District 2 Neighborhood Meeting on Wednesday, January 18, 2023, from 7:00 p.m. to 8:30 p.m., at Goodbar Recreation Center, 3000 Concord Drive. 5. Ms. Vidler stated that the City of Mesquite now offers emergency information, general information and weather alerts through Mesquite Alerts, powered by CodeRED. This is a high -speed emergency mass alert service and residents can opt in to receive real time notifications. The system sends telephone calls, text messages and emails to keep residents and businesses safe and can target certain areas with custom messages to alert smaller groups. Public safety officials across the United States have credited similar notification systems for successfully locating missing children, apprehending wanted criminals and issuing timely evacuations. To register, visit www.cityofmesquite.com/MesquiteAlerts. 6. Mr. Boroughs stated that it’s time to take the Special Olympics of Texas’ Polar Plunge on Saturday, January 28, 2023, at Vanston Pool, 2913 Oates Drive. Registration begins at 9:00 a.m. and the plunge begins at 10:00 a.m. All registration fees support the Special Olympics of Texas area athletes. All funds raised goes toward providing year-round sports training and competition, health, and inclusion programs for local individuals with intellectual disabilities. To register, visit givebutter.com/MesquitePolarPlunge. 7. Mr. Smith announced that the Texas Department of Transportation (TxDOT) and the City of Mesquite have begun safety improvements along Lawson Road between Milam Road and Cartwright Road. Motorists will soon notice the addition of shoulders to the roadway along with new guardrails throughout the area. Construction began in December and is expected to be completed by the end of February 2023. For more information about this project, contact the TxDOT Project Manager at 214-320-6240. 8. Ms. Anderson invited everyone to attend the Mesquite Heart Board ’s 4th Annual Go Red Gala on Friday, February 3, 2023, at 6:00 p.m., at the Hella Shrine Event Center, 2121 Rowlett Road, Garland. Tickets are $40.00 per person or $75.00 per couple. As a member of the Mesquite Heart Board, Ms. Anderson stated that our mission is to make Mesquite a healthier City by educating our citizens about our nation’s number one killer, heart disease. Heart disease takes more lives than all cancers combined. Mesquite’s two zip codes, 75149 and 75150, have the highest number of heart attacks within this reporting area. The Go Red Gala raises funds for awareness and education in our community. Visit MesquiteHeart.wixsite.com/life for tickets. 9. Ms. Anderson invited citizens to attend a District 6 Neighborhood Meeting on Thursday, January 26, 2023, from 7:00 p.m. to 8:30 p.m., at Pirrung Elementary School, 1500 Creek Valley Road. 10. Mayor Alemán stated that this past Saturday, January 14, 2023, a parade and community celebration was held to honor the life and legacy of Dr. Martin Luther King, Jr. He recognized the following persons for their contribution to this event – Henry Brown, Tri -East NAACP; Pastor Jefferson, New Hope Baptist Church; James Huckaby, MISD; Keynote Speaker Dr. LaDonna Gulley, MISD; and Elizabeth Harrell, Director of Parks and Recreation and her staff. City of Mesquite, Texas Page 2 City Council Minutes - Final January 17, 2023 CITIZENS FORUM 1. Former City of Mesquite Mayor Stan Pickett, 512 Woodstream Place, expressed appreciation to Council and staff for their efforts regarding diversity in the City of Mesquite. 2. Michael L. Smith, 1008 Old Barn Lane, expressed opposition to the proposed lithium battery storage facility to be located near his home. 3. The following persons expressed support for diversity in the City of Mesquite: ( 1) Geraldine Brown, 725 Rancho Drive; (2) Paula Allen, 1702 Hancock Drive; (3) Sandra Williams, 1782 North Galloway Avenue, #2304; (4) Latoia Baker, 3616 Poteet Drive, #623; (5) Tyrone Tobias, 126 Wilderness Trail; (6) Kendrick and Valerie Blanton, 2112 Bent Tree Lane; (7) Dr. Terry Turner, 1325 Rivercrest Drive; and (8) Ken Lane, 1228 Junction Run. The following persons submitted registration cards regarding diversity in the City of Mesquite but chose not to speak: (1) Mrs. LaBeach, 3315 North Town East Boulevard; (2) Patrick Bullocks; (3) Shajohnia Whitfield, 1633 Springwood Drive; and Alishia McMillian, 2111 Stillwater Drive. APPOINTMENTS FOR PERSONAL APPEARANCE 1 Appointment - Henry Brown, President of Mesquite NAACP (Mr. Brown will discuss diversity in the City of Mesquite.) Henry Brown, President of Mesquite NAACP, expressed concerns regarding diversity in the City of Mesquite. CONSENT AGENDA Approval of the Consent Agenda Mr. Casper requested Item Nos. 5 and 6 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 by Ms. Anderson and approved unanimously. 2 Minutes of the regular City Council meeting held January 3, 2023. Approved on the Consent Agenda. 3 An ordinance changing the name of the classification of Deputy Chief to Battalion Chief in the Mesquite Fire Department as of January 17, 2023. Approved on the Consent Agenda. Ordinance No. 4999, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, CHANGING THE NAME OF THE CLASSIFICATION OF DEPUTY CHIEF TO BATTALION CHIEF IN THE MESQUITE FIRE DEPARTMENT AS OF JANUARY 17, 2023; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4999 recorded in Ordinance Book No. 128.) 4 An ordinance changing the name of the classification of Police Captain to Police Deputy Chief in the Mesquite Police Department as of January 17, 2023. Approved on the Consent Agenda. City of Mesquite, Texas Page 3 City Council Minutes - Final January 17, 2023 Ordinance No. 5000, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, CHANGING THE NAME OF THE CLASSIFICATION OF POLICE CAPTAIN TO POLICE DEPUTY CHIEF IN THE MESQUITE POLICE DEPARTMENT AS OF JANUARY 17, 2023; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 5000 recorded in Ordinance Book No. 128.) 7 Bid No. 2023-005 - Annual Contract for Sidewalk, Pedestrian Ramps, Drive Approaches and Curb & Gutter Replacement. (Staff recommends award to low bidder Texas Made Ramirez Construction Corporation and to authorize the City Manager to finalize and execute a contract in an amount not to exceed $313,175.00. The term of the contract is for a one-year period, with two additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 8 Bid No. 2023-007 - Paving and Utility Improvements for Rollingwood Hills Subdivision. (Staff recommends award to low bidder Douglas Dailey Construction, LLC and to authorize the City Manager to finalize and execute a contract in the amount of $10,638,193.00 for the Paving and Utility Improvements for Rollingwood Hills Subdivision Project). Approved on the Consent Agenda. 9 Bid No. 2023-017 - 2021 Large Water Valve and RCCP Replacement Project. (Staff recommends that all bids be rejected and rebid at a later date.) Approved on the Consent Agenda. 10 Bid No. 2023-050 - Purchase of Five Ford F-150 Pick-Up Trucks. (Staff recommends award to Sam Pack Five Star Ford in Carrollton, Texas, through BuyBoard Contract No. 601-19, in the amount of $145,055.95.) Approved on the Consent Agenda. 11 Authorize the City Manager to execute an Amendment to the Interlocal Agreement between the North Central Texas Council of Governments (NCTCOG) and the City of Mesquite concerning the solid waste program implementation project executed on December 1, 2021, extending the deadline to complete all grant activities to April 15, 2023. Approved on the Consent Agenda. 12 Authorize the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) to provide grant funding for the purchase and installation of Electric Vehicle Charging Stations. Approved on the Consent Agenda. 13 Authorize the City Manager to execute Change Order No. 2 to Bid No. 2022-009, City of Mesquite, Texas Page 4 City Council Minutes - Final January 17, 2023 Paving Improvements for Galloway Place and Northridge Addition Repairs, with Estrada Concrete Company, LLC, to reconcile contract quantities to final constructed quantities in the amount of $101,767.10. Approved on the Consent Agenda. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 5 A resolution accepting the preliminary Service and Assessment Plan for authorized improvements within the Improvement Area #A-1.1 and #C-1 of the Solterra Public Improvement District, setting a date for public hearing on the proposed levy of assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto. Mr. Boroughs moved to postpone consideration of a resolution accepting the preliminary Service and Assessment Plan for authorized improvements within the Improvement Area #A-1.1 and #C-1 of the Solterra Public Improvement District, setting a date for public hearing on the proposed levy of assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto to a date uncertain to allow staff time to meet with the developer to review details. Motion was seconded by Mr. Green and approved unanimously. 6 A resolution authorizing the City Manager to finalize and execute a Second Amendment to the Solterra Development Agreement (the “Agreement”) and enacting other provisions relating thereto. Mr. Boroughs moved to postpone consideration of a resolution authorizing the City Manager to finalize and execute a Second Amendment to the Solterra Development Agreement and enacting other provisions relating thereto to a date uncertain to allow staff time to meet with the developer to review details. Motion was seconded by Mr. Green and approved unanimously. END OF CONSENT AGENDA PUBLIC HEARINGS 14 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1022-0258, submitted by Dulce Reyes, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow an Alternative Financial Institution with modifications to requirements that permit it to (1) be located within 200 feet of any lot zoned or used for residential purposes and (2) be co-located within the same structure as other uses, located at 1336 N. Galloway Avenue, Suite 150A. (One response in favor and one in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held for Zoning Application No. Z1022-0258. Jeff Armstrong, Director of Planning and Development Services, stated that in 2008, the City of Mesquite passed an ordinance regulating the permitted locations of alternative financial institutions (check cashing, money transfer, car title loan City of Mesquite, Texas Page 5 City Council Minutes - Final January 17, 2023 and payday loan businesses). He stated that the applicant operates a business located in a suite within an existing laundromat that offers check cashing and money transfers. The subject business opened in June 2022, but did not obtain a Certificate of Occupancy. While performing other enforcement in the shopping center, staff became aware of the use. The use requires a Conditional Use Permit and will require modifications to allow the use to be less than 200 feet from a residential district and to be within a multi-tenant building. Applicant Dulce Reyes stated that the business offers check cashing, money orders, wire transfers, faxes, copies and telephone bill payment and no loans or paycheck advances will be offered to customers. She stated that a majority of the customers are from the Latin community. Ms. Reyes has agreed to submit an application for a Certificate of Occupancy. Geoffrey Moore, 4603 Palos Verdes, expressed support for the proposed application. No others appeared regarding the proposed application. Mr. Smith stated that he supports Staff Recommendations and read Staff Comments from the Staff Report into the record: “Allowing an Alternative Financial Establishment could be injurious to the use and enjoyment of other property in the immediate area for the purposes already permitted, and substantially diminish and impair property values within the immediate vicinity. As stated previously in this report, the City established regulations for alternative financial establishments to mitigate secondary negative impacts such uses may have on the community, especially when the proposed application does not meet the separation requirements from a residential use.” Mr. Smith moved to deny Zoning Application No. Z1022-0258. Motion was seconded by Ms. Vidler. On call for a vote on the motion, the following votes were cast: Ayes: Smith, Vidler, Alemán, Boroughs, Green, Anderson Nayes: Casper Motion carried. 15 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1122-0278, submitted by Shannon Taylor and Matthew Gabeline of Park and Tow Solution, for a change of zoning from Commercial within the Skyline Logistic Hub Overlay District to Commercial within the Skyline Logistic Hub Overlay District with a Conditional Use Permit to allow a towing company to have primary outdoor storage, located at 2530 Big Town Boulevard and 4501 East US Highway 80. (No responses in favor or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) A public hearing was held for Zoning Application No. Z1122-0278. Jeff Armstrong, Director of Planning and Development Services, stated that the property is located in the Commercial Zoning District, which allows towing businesses by right with incidental outdoor storage. Incidental outdoor storage is City of Mesquite, Texas Page 6 City Council Minutes - Final January 17, 2023 storage that covers less than 50 percent of the lot. The applicants propose to re-locate a towing business, currently located in Mesquite, to the subject property but to utilize greater than 50 percent of the lot for outdoor storage (a primary storage yard). Primary outdoor storage requires a Conditional Use Permit in the Commercial Zoning District. Mr. Armstrong stated that the property is located next door to McIntyre Wrecker Service. The outdoor storage area is to be screened by a permanently maintained solid wood fence or solid masonry wall, at least eight feet in height, along the south and east property line of 2530 Big Town Boulevard and tied to an existing fence on the western property line. The property is required to have an improved surface for storage of vehicles. Grass or gravel will not be allowed. Applicants Shannon Taylor and Matthew Gabeline discussed the proposed application. Mr. Gabeline stated that the business has grown from four employees to 21 employees in the past four years. The outdoor storage area will be paved with 6-inch concrete. He stated that an eight-foot-tall board-on-board fence will be installed along the east and south property lines with an eight-foot-tall wrought iron fence with cedar pickets and a motorized gate on the north side. The business will operate 24 hours a day, 7 days a week with three dispatchers on site at all times. No one appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z1122-0278, as recommended by the Planning and Zoning Commission, with the following stipulations: 1. Outdoor storage shall be screened by a permanently maintained wood fence (which may include wrought iron posts or accents provided the screening is opaque), or solid masonry wall eight feet in height along the north, the south, and the east property lines of the subject Property thereby being tied to an existing fence on the western property line. 2. The CUP is approved solely for the business owned by the applicants Shannon Taylor and Matthew Gabeline of Park and Tow Solution. It shall not be transferred or assignable to a different owner or business. And to approve Ordinance No. 5001, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL WITHIN THE SKYLINE LOGISTICS HUB OVERLAY DISTRICT TO COMMERCIAL WITHIN THE SKYLINE LOGISTIC HUB OVERLAY DISTRICT WITH A CONDITIONAL USE PERMIT TO ALLOW A TOWING COMPANY WITH PRIMARY OUTDOOR STORAGE ON PROPERTY LOCATED AT 2530 BIG TOWN BOULEVARD AND THE NORTHERN PORTION OF PROPERTY AT 4501 EAST U.S. HIGHWAY 80 SUBJECT TO CERTAIN STIPULATIONS; REPEALING ORDINANCE NO. 4434, AND ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Ms. Vidler and approved unanimously. (Ordinance No. 5001 recorded in Ordinance Book No. 128.) 16 Conduct a public hearing and consider a resolution providing support to the Palladium USA International, Inc’s application to the Texas Department of City of Mesquite, Texas Page 7 City Council Minutes - Final January 17, 2023 Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 140-unit affordable multi-family rental housing development to be located at 2910 Motley Drive, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. A public hearing was held to consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of an affordable multi-family rental housing development to be located at 2910 Motley Drive. Jeff Armstrong, Director of Planning and Development Services, stated that the 9% Tax Credit Program through the Texas Department of Housing and Community Affairs is a way to encourage the development of homes that are more affordable for working families. It requires that the dwelling units that are designated for these funds to have an income limitation. 2910 Motley Senior Living, Ltd., has proposed the construction of a multi-family rental housing development which will be age-restricted for residents 55 years of age or older. One- and two-bedroom units will be offered with approximately 32 percent of the total units at market rate and the remaining 68 percent of the units will be rent restricted. Mr. Armstrong stated that the applicant intends to apply for 9% Competitive Housing Tax Credits through the Texas Department of Housing and Community Affairs (TDHCA). An approved resolution of support will provide points toward the scoring of their competitive grant application. Rezoning of the property would be required for multifamily development of the parcel. Support of the requested resolution would not bind the City Council to any future rezoning decision. Applicant Avis Chaisson, Executive Director – Real Estate Development with Palladium USA, stated that Palladium is a privately owned global real estate company with a 150-year history of developing, owning and managing premier communities. They have developed luxury high-rise, garden style, urban living, independent senior living, workforce housing and mixed-income communities. Ms. Chaisson stated that some of the amenities will include a resort-style pool, game room, dog park, BBQ grills and picnic tables, conference room, clubhouse, business center, high speed WIFI and state-of-the-art fitness center. The development will be fully fenced with a security gate consisting of two- and three-story buildings with interior corridors and elevators. Ms. Chaisson explained that the three properties at 2910 Motley Drive, 2701 Motley Drive and 930 Military Parkway will contain approximately 120-units per development. (1) Millie Arnold, 2206 Luau Street; (2) Teddi Fulenwider, 2705 Meadowridge Drive; and (3) Geoffrey Moore, 4603 Palos Verdes Drive, expressed support for the proposed resolution. No others appeared regarding the proposed resolution. Mr. Casper moved to approve a resolution for 2910 Motley Senior Living, Ltd., a 120-unit multi-family rental housing development, with a de minimis contribution of $500.00, Resolution No. 01-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING THE 2910 MOTLEY SENIOR LIVING, City of Mesquite, Texas Page 8 City Council Minutes - Final January 17, 2023 LTD.’S APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (THE “TDHCA”) FOR 2023 COMPETITIVE 9% HOUSING TAX CREDITS PROGRAM FOR THE CONSTRUCTION OF AN APPROXIMATELY 120-UNIT AFFORDABLE MULTI-FAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED AT 2910 MOTLEY DRIVE, IN ACCORDANCE WITH CHAPTER 2306 OF THE TEXAS GOVERNMENT CODE; PROVIDING A LOCAL FUNDING COMMITMENT FOR THE DEVELOPMENT; AND AUTHORIZING THE CITY SECRETARY TO CERTIFY THE RESOLUTION TO THE TDHCA. Motion was seconded by Mr. Green and approved unanimously. (Resolution No. 01-2023 recorded in Resolution Book No. 65.) 17 Conduct a public hearing and consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 120-unit affordable multi-family rental housing development to be located at 2701 Motley Drive, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. A public hearing was held to consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of an affordable multi-family rental housing development to be located at 2701 Motley Drive. Jeff Armstrong, Director of Planning and Development Services, stated that the 9% Tax Credit Program through the Texas Department of Housing and Community Affairs is a way to encourage the development of homes that are more affordable for working families. It requires that the dwelling units that are designated for these funds to have an income limitation. 2700 Motley Drive, Ltd., is proposing the construction of a multi-family rental housing development. One-, two- and three-bedroom units will be offered with approximately 32 percent of the total units at market rate and the remaining 68 percent of the units will be income restricted. Mr. Armstrong stated that this property will not be age restricted. Applicant Avis Chaisson, Executive Director – Real Estate Development with Palladium USA, reviewed the amenities at 2701 Motley Drive and stated that the approximately 120-unit development will be fully fenced with a security gate consisting of three-story buildings with interior corridors and elevators. 1. Millie Arnold, 2206 Luau, expressed concerns regarding security and the number of stories to be constructed. 2. Geoffrey Moore, 4603 Palos Verdes, expressed support for the proposed resolution. No others appeared regarding the proposed resolution. Mr. Casper moved to approve a resolution for 2700 Motley Drive, Ltd., a 120-unit multi-family rental housing development, with a de minimis contribution of $500.00. Motion was seconded by Mr. Green. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Green, Anderson Nayes: Alemán, Boroughs, Smith, Vidler City of Mesquite, Texas Page 9 City Council Minutes - Final January 17, 2023 Motion failed. 18 Conduct a public hearing and consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 105-unit affordable multi-family rental housing development to be located at 930 Military Parkway, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. A public hearing was held to consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 105-unit multi-family rental housing development to be located at 930 Military Parkway. Jeff Armstrong, Director of Planning and Development Services, stated that the 9% Tax Credit Program through the Texas Department of Housing and Community Affairs is a way to encourage the development of homes that are more affordable for working families. It requires that the dwelling units that are designated for these funds to have an income limitation. 930 Military Parkway Living, Ltd., is proposing the construction of a multi-family rental housing development. One- , two- and three-bedroom units will be offered with approximately 32 percent of the total units at market rate and the remaining 68 percent of the units will be income restricted. Mr. Armstrong stated that this property will not be age restricted. Applicant Avis Chaisson, Executive Director – Real Estate Development with Palladium USA, reviewed the amenities of 930 Military Parkway and stated that the approximately 120-unit development will be fully fenced with a security gate consisting of four-story buildings with interior corridors and elevators. (1) Geoffrey Moore, 4603 Palos Verdes Drive; and (2) Geyden Sage, representing the owner of the property, expressed support for the proposed resolution. No others appeared regarding the proposed resolution. Mr. Boroughs moved to approve a resolution for 930 Military Parkway Living, Ltd., a 120-unit multi-family rental housing development, with a $500.00 de minimis contribution, Resolution No. 02-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING THE 930 MILITARY PARKWAY LIVING, LTD.’S APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (THE “TDHCA”) FOR 2023 COMPETITIVE 9% HOUSING TAX CREDITS PROGRAM FOR THE CONSTRUCTION OF AN APPROXIMATELY 120-UNIT AFFORDABLE MULTI-FAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED AT 930 MILITARY PARKWAY, IN ACCORDANCE WITH CHAPTER 2306 OF THE TEXAS GOVERNMENT CODE; PROVIDING A LOCAL FUNDING COMMITMENT FOR THE DEVELOPMENT; AND AUTHORIZING THE CITY SECRETARY TO CERTIFY THE RESOLUTION TO THE TDHCA. Motion was seconded by Mr. Casper and approved unanimously. (Resolution No. 02-2023 recorded in Resolution Book No. 65.) City of Mesquite, Texas Page 10 City Council Minutes - Final January 17, 2023 ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Casper and approved unanimously. The meeting adjourned at 10:16 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 11

Agenda

City of Mesquite, Texas Meeting Agenda City Council Tuesday, January 17, 2023 5:30 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Members of the public desiring to speak during Citizens Forum may complete a registration card, which is available at the entrance to the City Council Chamber, and present it to the City Secretary prior to the meeting or pre-register by sending an email, including name, address and subject to be discussed, to the City Secretary at sland@cityofmesquite.com by 3:00 p.m., on January 17, 2023. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:30 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 Mike Tolleson, Minister of the Gospel. PLEDGE OF ALLEGIANCE Members of the Mesquite Heart Board. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. City of Mesquite, Texas Page 1 Tuesday, January 17, 2023 City Council Meeting Agenda January 17, 2023 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. APPOINTMENTS FOR PERSONAL APPEARANCE 1 23-6387 Appointment - Henry Brown, President of Mesquite NAACP (Mr. Brown will discuss diversity in the City of Mesquite.) CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.) 2 22-6376 Minutes of the regular City Council meeting held January 3, 2023. Attachments: January 3, 2023 minutes 3 23-6382 An ordinance changing the name of the classification of Deputy Chief to Battalion Chief in the Mesquite Fire Department as of January 17, 2023. Attachments: Ordinance 4 23-6383 An ordinance changing the name of the classification of Police Captain to Police Deputy Chief in the Mesquite Police Department as of January 17, 2023. Attachments: Ordinance 5 22-6178 A resolution accepting the preliminary Service and Assessment Plan for authorized improvements within the Improvement Area #A-1.1 and #C-1 of the Solterra Public Improvement District, setting a date for public hearing on the proposed levy of assessments, authorizing the publication and mailing of notice, and enacting other provisions relating thereto. Attachments: Resolution and preliminary Service and Assessment Plan Solterra Concept Plan City of Mesquite, Texas Page 2 Tuesday, January 17, 2023 City Council Meeting Agenda January 17, 2023 6 22-6367 A resolution authorizing the City Manager to finalize and execute a Second Amendment to the Solterra Development Agreement (the “Agreement”) and enacting other provisions relating thereto. Attachments: Resolution and Second Amendment Original Development Agreement First Amendment 7 22-6361 Bid No. 2023-005 - Annual Contract for Sidewalk, Pedestrian Ramps, Drive Approaches and Curb & Gutter Replacement. (Staff recommends award to low bidder Texas Made Ramirez Construction Corporation and to authorize the City Manager to finalize and execute a contract in an amount not to exceed $313,175.00. The term of the contract is for a one-year period, with two additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) Attachments: Bid Tabulation Recommendation Letter 8 22-6362 Bid No. 2023-007 - Paving and Utility Improvements for Rollingwood Hills Subdivision. (Staff recommends award to low bidder Douglas Dailey Construction, LLC and to authorize the City Manager to finalize and execute a contract in the amount of $10,638,193.00 for the Paving and Utility Improvements for Rollingwood Hills Subdivision Project). Attachments: Recommendation Letter Location Map Street List Bid Tabulation 9 22-6370 Bid No. 2023-017 - 2021 Large Water Valve and RCCP Replacement Project. (Staff recommends that all bids be rejected and rebid at a later date.) Attachments: Bid Tabulation 10 23-6385 Bid No. 2023-050 - Purchase of Five Ford F-150 Pick-Up Trucks. (Staff recommends award to Sam Pack Five Star Ford in Carrollton, Texas, through BuyBoard Contract No. 601-19, in the amount of $145,055.95.) Attachments: Quote Photo 11 22-6381 Authorize the City Manager to execute an Amendment to the Interlocal Agreement between the North Central Texas Council of Governments (NCTCOG) and the City of Mesquite concerning the solid waste program implementation project executed on December 1, 2021, extending the deadline to complete all grant activities to April 15, 2023. City of Mesquite, Texas Page 3 Tuesday, January 17, 2023 City Council Meeting Agenda January 17, 2023 Attachments: Amendment to ILA Interlocal Agreement 12 23-6386 Authorize the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) to provide grant funding for the purchase and installation of Electric Vehicle Charging Stations. Attachments: Interlocal Agreement Photo of Charging Station 13 22-6368 Authorize the City Manager to execute Change Order No. 2 to Bid No. 2022-009, Paving Improvements for Galloway Place and Northridge Addition Repairs, with Estrada Concrete Company, LLC, to reconcile contract quantities to final constructed quantities in the amount of $101,767.10. Attachments: Change Order No. 2 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.) 14 22-6350 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1022-0258, submitted by Dulce Reyes, for a change of zoning from General Retail to General Retail with a Conditional Use Permit to allow an Alternative Financial Institution with modifications to requirements that permit it to (1) be located within 200 feet of any lot zoned or used for residential purposes and (2) be co-located within the same structure as other uses, located at 1336 N. Galloway Avenue, Suite 150A. (One response in favor and one in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) Attachments: Staff reports and maps P&Z minutes Ordinance 15 22-6374 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1122-0278, submitted by Shannon Taylor and Matthew Gabeline of Park and Tow Solution, for a change of zoning from Commercial within the Skyline Logistic Hub Overlay District to Commercial within the Skyline Logistic Hub Overlay District with a Conditional Use Permit to allow a towing company to have primary outdoor storage, located at 2530 Big Town Boulevard and 4501 East US Highway 80. (No responses in favor or in opposition to the application have been City of Mesquite, Texas Page 4 Tuesday, January 17, 2023 City Council Meeting Agenda January 17, 2023 received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) Attachments: Staff Report and Maps P&Z Minutes Ordinance 16 22-6377 Conduct a public hearing and consider a resolution providing support to the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 140-unit affordable multi-family rental housing development to be located at 2910 Motley Drive, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Overview of Project – provided by applicant Location Map Resolution 17 22-6378 Conduct a public hearing and consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 120-unit affordable multi-family rental housing development to be located at 2701 Motley Drive, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Overview of Project – provided by applicant Location Map Resolution 18 22-6379 Conduct a public hearing and consider a resolution supporting the Palladium USA International, Inc’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 105-unit affordable multi-family rental housing development to be located at 930 Military Parkway, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Overview of Project – provided by applicant Location Map Resolution ADJOURNMENT City of Mesquite, Texas Page 5 Tuesday, January 17, 2023 City Council Meeting Agenda January 17, 2023 NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No. DC-18-16933 – Filed 11-8-18; and Civil Action 3:20-cv-20-01982-X – Filed 7-27-20, and on appeal, Cause No. 22-10321 - Filed 3-24-22 2. 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 3. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 4. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21 5. Daniel Gonzales v. City of Mesquite, Cause No. CC-21-05087-D - Filed 11-22-21 6. 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 7. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22 8. Clement Bernard v. City of Mesquite, Texas, Civil Action No. 3:22-cv-00928 - Filed 4-26-22 9. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22 10. 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. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management). The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989. City of Mesquite, Texas Page 6 Tuesday, January 17, 2023 City Council Meeting Agenda January 17, 2023 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 7 Tuesday, January 17, 2023

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