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City Council

Regular Meeting

Mesquite, TX · February 6, 2023

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, February 6, 2023 5:00 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 - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the annual Texas Department of Transportation ethics requirements. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:53 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. 15 – Discuss economic development near IH-635 and Rodeo Center Boulevard; Item No. 16 - Discuss a redevelopment project near Gross Road and North Peachtree Road; and Item No. 17 - Discuss economic development incentives for a company considering the relocation and expansion of production operations at a facility near Town East Boulevard and Skyline Drive); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:26 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:31 P.M. 2 Receive quarterly report from the Police Department for the period covering October 1, 2022, through December 31, 2022. Police Chief David Gill stated that Geoffery Caldwell, Deputy Police Chief - Operations; Stephen Biggs, Deputy Police Chief - Criminal Investigations; and Doug Yates, Assistant Police Chief, will be presenting the quarterly report for the Police Department. Geoffery Caldwell, Deputy Police Chief - Operations, reviewed instances where cases were solved with help from advanced technology. He reviewed the DWI Saturation Saturday program and stated that the following Police Officers received awards for the "Take the Wheel" initiative in conjunction with Mothers Against Drunk Driving (MADD) - Officer Robert Keith - Enforcement Hero Award for most DWI Arrests; Sergeant Luke Christopherson - Commitment Hero Award; and City of Mesquite, Texas Page 1 City Council Minutes - Final February 6, 2023 Lieutenant George Hensley - Diamond Leadership Hero Award. Deputy Chief Caldwell reviewed the Public Service Professionals' successes and the Deployment Unit. He stated that the K-9 Unit had 270 deployments in 2022 - 51 for narcotics, 166 for patrol and located 87 offenders. Deputy Chief Biggs reviewed the Property Crimes Unit and Flock camera system. He stated that the Crime Scene Unit currently consists of three full-time investigators and one Sergeant and are on call 24 hours a day/7 days a week. Doug Yates, Assistant Police Chief, reviewed the hiring process and challenges they face. He stated that the next Police Academy begins in March 2023. Councilmembers expressed appreciation to the Mesquite Police Department for their service to the community. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:13 P.M. INVOCATION James Doughton, Pastor, First Presbyterian, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS 1. Mr. Casper announced that the Mesquite Parks and Recreation Department will be hosting the Annual Daddy Daughter Dance on Saturday, February 18, 2023, from 7:00 p.m. to 9:00 p.m., at the Mesquite Convention Center. Daughters can be accompanied by any guardian, male or female . Tickets can only be purchased in advance for 20.00 per person and includes entry into one of two sessions. For more information, visit www.cityofmesquite.com/DaddyDaughterDance. 2. Mr. Casper invited citizens to attend a District 1 Neighborhood Meeting on Thursday, February 23, 2023, at 7:00 p.m., at Dunford Recreation Center, 1015 Green Canyon Drive. 3. Mr. Green stated that the City has launched a more secure, convenient and user -friendly online payment system for its customers called MesquitePay. There are no City -related convenience fees if you pay via cash, money order, check by mail, in-person or through your bank’s bill pay option. 4. Ms. Vidler stated that the City launched a new website this week with several new features. The new site is more ADA compliant, has better navigation, updated design to help users find the right content and has a new calendar update with better search. 5. Ms. Vidler invited citizens to attend a District 3 Neighborhood Meeting on Thursday, February 9, 2023, at 7:00 p.m., at Galloway Elementary School, 200 Clary Drive. 6. Mr. Boroughs encouraged citizens to participate in the 2023 Mesquite Neighborhood Engagement Summit on Saturday, February 18, 2023, at 9:00 a.m., at the Mesquite Independent School District K. David Belt Professional Development Center, 3819 Towne Crossing Boulevard, to learn how City services operate. Discover ways to get engaged and explore effective ways to build and foster groups to enhance our quality of life. 7. Mr. Boroughs stated that the recent Polar Plunge raised almost $ 13,000.00 for Special Olympics of Texas. All funds raised goes toward providing year-round sports training and competition, health, and inclusion programs for local individuals with intellectual disabilities. City of Mesquite, Texas Page 2 City Council Minutes - Final February 6, 2023 8. Mr. Boroughs stated that recently a forum was posted on Facebook where Henry Brown, President of Mesquite NAACP, stated that the City of Mesquite Firefighters were on the street corners with their Firefighter boots collecting money for political candidates. Mr. Boroughs confirmed that this statement is 100 percent false. He stated that the Mesquite Firefighters collect money once a year to benefit the Muscular Dystrophy Association (MDA). As a former Mesquite Firefighter, Mr. Boroughs stated that he chaired this event for many years and has attended MDA camps for over 18 years. He expressed concerns regarding the affect this statement might have on future Mesquite Firefighter MDA campaigns. 9. Mr. Smith invited the public to join the Mesquite Arts Theatre for their season opening performance of “Plaza Suite” from Friday, February 10, 2023, to Sunday, February 26, 2023. Also, the Mesquite Arts Council is kicking off Black History Month with a virtual workshop. 10. Mr. Smith invited citizens to attend a District 5 Neighborhood Meeting on Saturday, February 25, 2023, at 10:00 a.m., at Rutherford Elementary School, 1100 Rutherford Drive. 11. Ms. Anderson stated that American Heart Month kicked off last week. City staff wore red last Friday for Go Red Day to raise awareness of heart disease, which takes more lives than all cancers combined and is not limited by age, race or gender. Ms. Anderson serves on the Mesquite Heart Board and stated that a successful 4th Annual Go Red Gala was held last week. Funds were raised to support the board’s outreach and education initiatives. 12. Mayor Alemán invited the public to the State of the Community event on Thursday, February 16, 2023, at 5:30 p.m., at the Mesquite Arts Center, 1527 North Galloway Avenue. A panel discussion will be held with Mesquite Independent School District Superintendent Angel Rivera, Eastfield President Eddie Tealer, City Manager Cliff Keheley and himself. The community’s wins and innovations will be celebrated along with discussion regarding areas for improvements. Poteet High School ’s Choir, Variety, will kick off the festivities. The event will conclude with the unveiling of Economic Development’s Strategic Plan. 13. Mayor Alemán recognized the efforts of staff members who worked during the winter storm last week. He recognized the Public Works staff who kept the roads and parking lots clear and equipment running. Also, he thanked the Parks Department staff who cleared the entries to City buildings, the Police and Fire Departments for maintaining full operational levels in difficult conditions and helping people when needed in very cold situations. And a special thanks to those that provided on -call coverage and reported in to work when the City was closed. Despite the difficult conditions, staff continued to provide vital services to our community. Their service plays a critical role in keeping the City healthy and safe. He asked staff members from the Parks Department, Public Works Department and Police and Fire Departments to stand so that they can be recognized. Mayor Alem án thanked them for their Real. Texas. Service. CITIZENS FORUM 1. Gary Ward, 425 Walnut Drive, stated that he is a former City of Mesquite Firefighter and confirmed that 100 percent of the funds raised by the Mesquite Firefighters benefits the Muscular Dystrophy Association. He also stated that the City of Mesquite does not hire employees according to their ethnicity. He encouraged anyone who is qualified for a position to apply at the City of Mesquite. 2. Melawn Dineen, 1944 Clifton Drive, stated that she represents Dallas College and invited the public to attend Military Family Fun Day on Saturday, April 22, 2023, at the Eastfield Campus. This is a free event and any volunteers and donations are welcome. CONSENT AGENDA Approval of the Consent Agenda Mr. Boroughs moved to approve the items on the Consent Agenda as follows. Motion was seconded by Ms. Vidler and approved unanimously. City of Mesquite, Texas Page 3 City Council Minutes - Final February 6, 2023 3 Minutes of the regular City Council meeting held January 17, 2023. Approved on the Consent Agenda. 4 An ordinance amending the City Code by revising Appendix D - Comprehensive Fee Schedule, Article VI - FIRE, for the purpose of increasing the ambulance transport fees, adding lift assist fees to be charged to care facilities and other related general and organizational updates. Approved on the Consent Agenda. Ordinance No. 5002, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE CITY CODE BY REVISING APPENDIX D – COMPREHENSIVE FEE SCHEDULE, ARTICLE VI – FIRE, FOR THE PURPOSE OF INCREASING THE AMBULANCE TRANSPORT FEES, ADDING LIFT ASSIST FEES TO BE CHARGED TO CARE FACILITIES, AND OTHER RELATED GENERAL AND ORGANIZATIONAL UPDATES; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 5002 recorded in Ordinance Book No. 128.) 5 A resolution authorizing acceptance of Fiscal Year 2023 Bullet Resistant Shield Grant Program and execution of the Sub-Recipient Agreements with the Office of the Governor - Criminal Justice Division, in the amount of $ 6,250.00 and authorizing the Assistant Fire Chief - Special Services as the authorized official to apply for, accept, reject, alter or terminate the Grant on behalf of the City. Approved on the Consent Agenda. Resolution No. 03-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING ACCEPTANCE OF THE FISCAL YEAR 2023 BULLET RESISTANT SHIELD GRANT PROGRAM AND EXECUTION OF THE SUB-RECIPIENT AGREEMENTS WITH THE OFFICE OF THE GOVERNOR - CRIMINAL JUSTICE DIVISION, IN THE AMOUNT OF $6,250.00; AUTHORIZING THE ASSISTANT FIRE CHIEF - SPECIAL SERVICES AS THE AUTHORIZED OFFICIAL TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE THE GRANT ON BEHALF OF THE CITY; AND AGREEING TO RETURN THE $6,250.00 GRANT IN THE EVENT OF LOSS OR MISUSE OF THE GRANT FUNDS. (Resolution No. 03-2023 recorded in Resolution Book No. 65.) 6 RFP No. 2023-011 - Transfer Station Compactor Replacement. (Staff recommends award to Kee Service Company and to authorize the City Manager to finalize and execute a contract in the amount of $ 898,846.00 for replacement of the Transfer Station Compactor.) Approved on the Consent Agenda. 7 Bid No. 2023-047 - Purchase of Three 20-yard Rear-Loaders for Solid Waste. (Staff recommends award to Rush Truck Centers of Texas, L.P., through BuyBoard Contract No. 601-19, in the amount of $807,153.82.) Approved on the Consent Agenda. 8 Authorize the City Manager to execute Change Order No. 2 to Bid No. 2022-059, Purchase of Ten Solid Waste Front Load Trucks, with Bruckner Truck Sales for City of Mesquite, Texas Page 4 City Council Minutes - Final February 6, 2023 a change in chassis paint color in the amount of $25,000.00. Approved on the Consent Agenda. 9 Authorize the City Manager to finalize and execute a Master Interlocal Agreement with Dallas County pertaining to road and bridge transportation-related improvements and/or maintenance on roads inside Dallas County and the territorial limits of the City of Mesquite. Approved on the Consent Agenda. PUBLIC HEARINGS 10 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1022-0259, submitted by Celeris Group Consultation Engineers on behalf of Oncor, for a change of zoning from Industrial and Skyline Logistics Hub Overlay to Industrial and Skyline Logistics Hub Overlay with a Conditional Use Permit to allow a telecommunications tower with modifications to allow a height of 195 feet and a separation distance of 800 feet from the closest telecommunications tower, located at 1545 High Point Drive. (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.) A public hearing was held for Zoning Application No. Z1022-0259. Jeff Armstrong, Director of Planning and Development Services, stated that Oncor proposes to construct a 195-foot telecommunications tower at 1545 High Point Drive. The property is owned by Oncor and the tower would be exclusively for use by Oncor for its communication purposes. Among other functions, the tower will provide communications critical to addressing electric supply concerns that may arise. Mr. Armstrong stated the Zoning Ordinance requires telecommunication towers to be at least 1,250 feet apart unless approved by a Conditional Use Permit. In this case, another tower is located approximately 800 feet from the proposed Oncor tower location. However, due to Oncor’s unique needs, co-location on the nearby tower is not possible. The maximum height for a single-user telecommunications tower is 100 feet unless otherwise approved by Conditional Use Permit. In this case, Oncor requires a 195-foot tower to meet its needs. Applicant Chris Prescott represents Celeris Group Consultation Engineers on behalf of Oncor, stated that this tower would be strictly for Oncor's use for data collection and not for wireless telecommunications. He stated the height is needed in order to reach all of the substations to be able to communicate back any issues. No one appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application No. Z1022-0259, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5003, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM INDUSTRIAL WITHIN THE SKYLINE LOGISTICS HUB OVERLAY DISTRICT TO INDUSTRIAL WITHIN THE City of Mesquite, Texas Page 5 City Council Minutes - Final February 6, 2023 SKYLINE LOGISTIC HUB OVERLAY DISTRICT WITH A CONDITIONAL USE PERMIT TO ALLOW A 195-FOOT TALL TELE-COMMUNICATION TOWER ON PROPERTY LOCATED AT 1545 HIGH POINT DRIVE; REPEALING 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 Mr. Green and approved unanimously. (Ordinance No. 5003 recorded in Ordinance Book No. 128.) 11 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1222-0279, submitted by Centurion American, for a change of zoning to amend Planned Development Ordinance No. 4766 to reduce required setbacks, located southeast of Interstate Highway 20 and FM 740 along FM 2757. (No responses in favor and or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval.) A public hearing was held for Zoning Application No. Z1222-0279. Jeff Armstrong, Director of Planning and Development Services, stated that the Polo Ridge development will include 1,007 single-family residential lots at build out. 142 of the lots are identified in the Planned Development (PD) Ordinance as “ETJ 100”. ETJ 100 lots are a minimum of 100 feet in width and are the only lots proposed for amendment. The proposed PD amendment for the ETJ 100 lots would change the front setback from 30 feet to 25 feet and the rear setback from 20 feet to 15 feet. The intent of the amended setbacks is to create more buildable area, particularly to accommodate larger single-story homes. The minimum dwelling size is 2,500 square feet. The applicant was not present. No one appeared regarding the proposed application. Ms. Vidler moved to approve Zoning Application No. Z1222-0279, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5004, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING TO AMEND EXHIBIT C – DEVELOPMENT STANDARDS IN PLANNED DEVELOPMENT ORDINANCE NO. 4766, A MASTER PLAN COMMUNITY KNOWN AS POLO RIDGE, GENERALLY LOCATED SOUTHEAST OF IH-20 AND FM 740 NEAR THE EAST FORK OF THE TRINITY RIVER AND AT THE WESTERN CORNER OF FM 2757 AND KELLY ROAD; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 5004 recorded in Ordinance Book No. 128.) 12 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1222-0281, submitted by The Nehemiah Company, for a change of zoning to amend “Exhibit B - Legal Description of the Property,” “Exhibit E - Planned Development Standards,” and “Exhibit F - Building Setback, Area, and Bulk Requirements for Residential” in Planned Development Ordinance No. 4739, located at 9850 FM 2757. (No responses in favor and or in opposition to the application have been City of Mesquite, Texas Page 6 City Council Minutes - Final February 6, 2023 received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval.) A public hearing was held for Zoning Application No. Z1222-0281. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant is developing a planned community called Talia (formerly Spradley Farms). The 2500-lot subdivision will include a variety of lot types and lot sizes. The proposed Planned Development amendment would accomplish the following: (1) Correct some minor errors in the legal description of the property; (2) Clarify certain definitions; (3) Modify certain development requirements including: (a) Reducing the front setback requirement for mews lots; (b) Reducing the minimum square footage for homes on 70-foot-wide lots from 3,000 square feet to 2,700 square feet to accommodate single-story homes; (c) Increasing the 55-foot-wide lots to 60 feet; and (d) Change all 65 and 75-foot-lots to 70 feet. Mr. Armstrong explained that mews lots are homes that face green space rather than a street. No one appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z1222-0281, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5005, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING TO AMEND EXHIBIT B – LEGAL DESCRIPTION OF THE PROPERTY, EXHIBIT E – PLANNED DEVELOPMENT STANDARDS, AND EXHIBIT F – BUILDING SETBACK, AREA, AND BULK REQUIREMENTS FOR RESIDENTIAL IN PLANNED DEVELOPMENT ORDINANCE NO. 4739, A MASTER PLANNED COMMUNITY KNOWN AS TALIA (FORMERLY KNOWN AS SPRADLEY FARMS) GENERALLY LOCATED BETWEEN FM 2757 AND IH-20 AND NORTH OF IH-20 EAST OF FM 740; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Ms. Vidler and approved unanimously. (Ordinance No. 5005 recorded in Ordinance Book No. 128.) 13 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0123-0282, submitted by Gary Conway of MJM Architects, LLC and Ryan Kerr representing Pop Shelf, for a change of zoning from Commercial to Commercial with a Conditional Use Permit for a Variety Store with modifications to allow a Variety Store within 5,000 feet of another Variety Store and to waive the requirement that a minimum of 10 percent of the floor area be dedicated to fresh foods, located at 19153 Interstate Highway 635. (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. Z0123-0282. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to open a Variety Store called Pop Shelf in a suite in an City of Mesquite, Texas Page 7 City Council Minutes - Final February 6, 2023 existing shopping center. There is a Five Below Store in the suite next to where the proposed Pop Shelf would be located. Pop Shelf is associated with Dollar General. The applicant describes the use as a “high end variety store” and unlike a Dollar General. During the Planning and Zoning Commission meeting, the shopping center owner explained that they would never allow a typical dollar store in their shopping center, but that the proposed store is different and appropriate in their center. Mr. Armstrong stated that in 2018, the City Council approved Zoning Text Amendment No. 2018-06 that revised the rules for variety store uses to promote the availability of fresh and quality foods, especially in underserved neighborhoods. Variety stores are required to have 10 percent of floor area dedicated to fresh foods, not pre-packaged. The applicant is asking for a modification to waive this requirement. Applicant Victoria Chastain, Real Estate Manager for Texas for Pop Shelf, and Todd Rush, District Manager for Pop Shelf, stated that Pop Shelf is two years old and recently celebrated their 100th store opening. Ms. Chastain reviewed the Pop Shelf concept and included that the stores have a large seasonal area that is changed regularly. She added that the stores offer self-checkouts and provide a variety of pre-packaged foods. Evan Smith, representing the owner of the shopping center, stated that they have confidence in this tenant and it is stated in the lease that this store will not be operated as a Dollar General. He confirmed that store window graphics will be in good taste and must be approved by the landlord. Kerry Johnson, 836 Winding Creek, spoke in support of the proposed application. No others appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application No. Z123-082, as recommended by the Planning and Zoning Commission, with the following modification under Section 3-510 of the Mesquite Zoning Ordinance (MZO): 1. Section 3-510.A.: Waiving the requirement that prohibits a variety store within 5,000 feet of another variety store. 2. Section 3-510.D.: Waiving the requirement that a minimum of 10 percent of the floor area of the variety store must be dedicated to fresh produce, meat and dairy products. 3. The Conditional Use Permit (CUP) is approved solely for a Pop Shelf store operated under the Dollar General Corporation umbrella of entities and the CUP may not be reassigned or transferred. A different business applicant desiring to continue this use must submit a new application requesting to continue the CUP and any such application shall require the procedures outlined in the MZO for initial approval of a CUP. And to approve Ordinance No. 5006, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 19153 IH-635 TO ALLOW A VARIETY STORE SIC CODE 533 WITH MODIFICATIONS UNDER SECTION 3-510 OF THE MESQUITE ZONING ORDINANCE; City of Mesquite, Texas Page 8 City Council Minutes - Final February 6, 2023 REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Green and approved unanimously. (Ordinance No. 5006 recorded in Ordinance Book No. 128.) 14 Conduct a public hearing and consider a resolution supporting the Brompton Community Housing Development Corporation’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 age-restricted, 80-unit affordable multi-family rental housing development to be located at 3000 East U.S. Highway 80, 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 Brompton Community Housing Development Corporation’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 3000 E. U.S. Highway 80. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant intends to apply for 9% Competitive Housing Tax Credits through the Texas Department of Housing and Community Affairs. An approved resolution will provide points toward the scoring of their competitive grant application. He stated that rezoning of the property would be required for multifamily development of the property. Support of the requested resolution would not bind the City Council to any future rezoning decision. He stated that the development is proposed to be age-restricted and 100-percent income restricted. Mr. Armstrong stated that, if approved, the proposed resolution would require the following modifications: (1) The business name changed to CSH Parkside Crossing, LTD; and (2) Unit count changed to up to 80 units. Russ Michaels, representing Brompton Community Housing Development Corporation, stated that this development is sponsored by a non-profit organization. He reviewed the amenities and stated that it would be a gated community consisting of two buildings, with up to three stories, with elevators and ingress/egress on west side of the property. Mr. Michaels stated that 70 percent of the units will be 2-bedrooms and 30 percent will be 1-bedrooms. No one appeared regarding the proposed resolution. Ms. Vidler moved to deny a resolution supporting the Brompton Community Housing Development Corporation’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 age-restricted, affordable multi-family rental housing development to be located at 3000 East U.S. Highway 80. Motion was seconded by Mr. Green. On call for a vote on the motion, the following votes were cast: Ayes: Alemán, Boroughs, Smith, Vidler, Anderson, Green Nayes: Casper City of Mesquite, Texas Page 9 City Council Minutes - Final February 6, 2023 Motion carried. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:00 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.074 of the Texas Government Code to 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 City employees (Annual review of City Attorney); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 9:57 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 9:57 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 10

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, February 6, 2023 5:00 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 February 6, 2023. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 23-6384 Receive briefing regarding the annual Texas Department of Transportation ethics requirements. (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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 2 23-6422 Receive quarterly report from the Police Department for the period covering October 1, 2022, through December 31, 2022. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION James Doughton, Pastor, First Presbyterian, Mesquite, Texas. City of Mesquite, Texas Page 1 Monday, February 6, 2023 City Council Meeting Agenda February 6, 2023 PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. CITIZENS FORUM At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law. CITIZENS COMMENTS At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item. CONSENT AGENDA (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.) 3 23-6405 Minutes of the regular City Council meeting held January 17, 2023. Attachments: January 17, 2023, Minutes 4 23-6389 An ordinance amending the City Code by revising Appendix D - Comprehensive Fee Schedule, Article VI - FIRE, for the purpose of increasing the ambulance transport fees, adding lift assist fees to be charged to care facilities and other related general and organizational updates. Attachments: Ordinance 5 23-6408 A resolution authorizing acceptance of Fiscal Year 2023 Bullet Resistant Shield Grant Program and execution of the Sub-Recipient Agreements with the Office of the Governor - Criminal Justice Division, in the amount of $6,250.00 and authorizing the Assistant Fire Chief - Special Services as the authorized official to apply for, accept, reject, alter or terminate the Grant on behalf of the City. City of Mesquite, Texas Page 2 Monday, February 6, 2023 City Council Meeting Agenda February 6, 2023 Attachments: Congratulatory Letter General Responsibilities Resolution 6 23-6413 RFP No. 2023-011 - Transfer Station Compactor Replacement. (Staff recommends award to Kee Service Company and to authorize the City Manager to finalize and execute a contract in the amount of $898,846.00 for replacement of the Transfer Station Compactor.) Attachments: Scoring Matrix 7 23-6407 Bid No. 2023-047 - Purchase of Three 20-yard Rear-Loaders for Solid Waste. (Staff recommends award to Rush Truck Centers of Texas, L.P., through BuyBoard Contract No. 601-19, in the amount of $807,153.82.) Attachments: Photo Quote 8 23-6392 Authorize the City Manager to execute Change Order No. 2 to Bid No. 2022-059, Purchase of Ten Solid Waste Front Load Trucks, with Bruckner Truck Sales for a change in chassis paint color in the amount of $25,000.00. Attachments: Change Order No. 2 9 23-6393 Authorize the City Manager to finalize and execute a Master Interlocal Agreement with Dallas County pertaining to road and bridge transportation-related improvements and/or maintenance on roads inside Dallas County and the territorial limits of the City of Mesquite. Attachments: Master Interlocal Agreement 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.) 10 23-6400 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1022-0259, submitted by Celeris Group Consultation Engineers on behalf of Oncor, for a change of zoning from Industrial and Skyline Logistics Hub Overlay to Industrial and Skyline Logistics Hub Overlay with a Conditional Use Permit to allow a telecommunications tower with modifications to allow a height of 195 feet and a separation distance of 800 feet from the closest telecommunications tower, located at 1545 High Point Drive. (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.) City of Mesquite, Texas Page 3 Monday, February 6, 2023 City Council Meeting Agenda February 6, 2023 Attachments: Staff Report and Maps P&Z Minutes Ordinance 11 23-6403 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1222-0279, submitted by Centurion American, for a change of zoning to amend Planned Development Ordinance No. 4766 to reduce required setbacks, located southeast of Interstate Highway 20 and FM 740 along FM 2757. (No responses in favor and or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval.) Attachments: Staff report & maps P&Z minutes Ordinance 12 23-6404 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1222-0281, submitted by The Nehemiah Company, for a change of zoning to amend “Exhibit B - Legal Description of the Property,” “Exhibit E - Planned Development Standards,” and “Exhibit F - Building Setback, Area, and Bulk Requirements for Residential” in Planned Development Ordinance No. 4739, located at 9850 FM 2757. (No responses in favor and or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval.) Attachments: Staff report & maps P&Z minutes Ordinance 13 23-6402 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0123-0282, submitted by Gary Conway of MJM Architects, LLC and Ryan Kerr representing Pop Shelf, for a change of zoning from Commercial to Commercial with a Conditional Use Permit for a Variety Store with modifications to allow a Variety Store within 5,000 feet of another Variety Store and to waive the requirement that a minimum of 10 percent of the floor area be dedicated to fresh foods, located at 19153 Interstate Highway 635. (No responses in favor or in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) Attachments: Staff Report and Maps P&Z Minutes Ordinance City of Mesquite, Texas Page 4 Monday, February 6, 2023 City Council Meeting Agenda February 6, 2023 14 23-6399 Conduct a public hearing and consider a resolution supporting the Brompton Community Housing Development Corporation’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 age-restricted, 80-unit affordable multi-family rental housing development to be located at 3000 East U.S. Highway 80, 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 Revised Site Plan Location Map Resolution ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. 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 City of Mesquite, Texas Page 5 Monday, February 6, 2023 City Council Meeting Agenda February 6, 2023 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. • Annual Review of City Attorney 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: 15 23-6390 Discuss an economic development project near IH-635 and Rodeo Center Boulevard. 16 23-6415 Discuss a redevelopment project near Gross Road and North Peachtree Road. 17 23-6423 Discuss economic development incentives for a company considering the relocation and expansion of production operations at a facility near Town East Boulevard and Skyline Drive. 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. 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. City of Mesquite, Texas Page 6 Monday, February 6, 2023 City Council Meeting Agenda February 6, 2023 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 Monday, February 6, 2023

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