City Council
Regular MeetingMesquite, TX · February 6, 2023
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
Get email alerts for Mesquite
A daily email when new agendas and minutes are posted.