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City Council

Regular Meeting

Mesquite, TX · February 20, 2023

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, February 20, 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, Jeff Casper, Kenny Green, 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 1 Receive presentation of 2022 Meritorious Awards to Fire Department employees. Fire Chief Russell Wilson introduced Assistant Fire Chief Tommy Green who will be announcing the recipients of the 2022 Fire Department Meritorious Awards. Assistant Fire Chief Green stated that the purpose of the annual Fire Department meritorious awards is to recognize members of the Mesquite Fire Department and employees of the City of Mesquite who provide superior public service to Mesquite residents. Fire Chief Wilson and Assistant Fire Chief Green presented meritorious awards as follows: • Officer of the Year – Battalion Chief (BC) Jeff Miller • Firefighter of the Year – Firefighter/Paramedic (FF/PAR) Lane Powell • Paramedic of the Year – Firefighter/Paramedic (FF/PAR) Anthony Shrum • Lifesaving Award No. 1 – Captain/Paramedic (CPT/PAR) Kenneth Crawford, Driver-Engineer (DE)/PAR Kasey Vestal, FF/PAR Jimmy Reimer, FF/PAR Jack Wells, FF/PAR Justin Turner, FF/PAR Caleb Schallawitz and Public Safety Dispatcher Taya Simington • Lifesaving Award No. 2 – Lieutenane(LT)/PAR Jesse Kingery, DE/PAR Gerald Lasater, FF/PAR Jack Wells, FF/PAR Destiny Corrales, FF/PAR Cory Thomas and Public Safety Dispatcher Kelly Liptrap • Lifesaving Award No. 3 – LT/PAR Michael Crawford, DE/PAR Eric Wright, FF/PAR Jesse Boone, FF/Emergency Medical Technician (EMT) Ravin Olalekan, FF/PAR Saju Kuruvilla, FF/PAR Jack Wells and Dispatcher - Officer Colton Ables • Lifesaving Award No. 4 – CPT/PAR Robert Williams, DE/PAR Jon Schoen, FF/PAR Samantha Criswell, FF/PAR Paul Polish, FF/PAR Ruben Lopez, FF/PAR Aaron Hall and Public Safety Dispatcher Lacy Palmer. • Lifesaving Award No. 5 – CPT/PAR Chad Holmes, DE/PAR Eric Wright, FF/PAR City of Mesquite, Texas Page 1 City Council Minutes - Final February 20, 2023 Tyler George, FF/PAR Andrew Morovick, FF/PAR Michael Glasgow, FF/PAR Jesse Boone and Public Safety Dispatcher Jermonica Johnson • Lifesaving Award No. 6 – CPT/PAR Kenneth Crawford, DE/PAR Lane Rodgers, FF/PAR Caleb Schallawitz, FF/PAR Cody Farrell, FF/PAR Parker Jackson, FF/PAR Michael Sexauer and Public Safety Dispatcher Cynthia Lara • Lifesaving Award No. 7 – LT/PAR David Lester, DE/PAR Stephen Holland, FF/PAR Nicholas Dagenais, FF/PAR Jimmy Reimer, FF/PAR Matthew Cummings and Public Safety Dispatcher Ana Arguello • Lifesaving Award No. 8 – LT/PAR Ronald Buie, DE/PAR Michael Potter, FF/PAR Tobias Henry, FF/PAR David England, FF/PAR Victor Palasciano, LT/PAR Michael Crawford, DE/PAR Samuel Weisz, FF/EMT Jeswin Jose and Public Safety Dispatcher Kelly Liptrap • Lifesaving Award No. 9 – CPT/PAR Matthew Haisten, DE/PAR Joe Baker, FF/PAR Alan Pringle, FF/PAR Jimmy Reimer, FF/PAR Landon Gregory and Public Safety Dispatcher Nikki Garcia • Lifesaving Award No. 10 – CPT/PAR Chad Holmes, DE/PAR Eric Wright, FF/PAR Paul Polish, FF/EMT Jared Priolo, FF/PAR Isaac Joseph, FF/PAR Michael Sexauer, FF/EMT Ravin Olalekan and Public Safety Dispatcher Nicole Phillips Perfect Attendance Awards were presented to: • First-Time Recipients - Fire Chief Russell Wilson, DE/PAR Kasey Vestal, FF/EMT Matthew Johnson, FF/EMT Jeswin Jose, FF/EMT Justin McConnaughy, FF/PAR Thomas Neff, FF/PAR Taylor Smith and FF/PAR Zachary Thomas • Two-Time Recipients - CPT/PAR Chad Holmes and LT/PAR Clint Barthold • Three-Time Recipients - LT/PAR David Lester and FF/PAR Nicholas Dagenais • Four-Time Recipients - BC/PAR Brian Staples and CPT/PAR Justin James Assistant Fire Chief Green stated that one of the ways that the Fire Department measures a firefighters’ physical ability to perform is an evaluation called the Physical Ability Test (PAT), which is mandatory for every Fire Department member, up to and including the Fire Chief. This past year, 94 Fire Department members were tested. Of those tested, 60 members of the Fire Department received this award. The following members posting times designated as optimal for their age group earning the PAT Fitness Bar include: • Three-Time Recipients - Benton Austin, Joe Baker, Mike Bartis, Tash Even, Tommy Green, Eric Haake, Keith Harrison, Brian Hill, Ken Holt, Keith Honey, Keith Hopkins, Parker Jackson, Steve Jones, Shaun Jordan, Jody McPherson, Rob Milby, Jeff Miller, Bobby Muse, Stephen Parks, Zach Phillips, Lane Powell, Rickey Robinson, Will Rosen, Dub Sewell, Michael Teamann, Chad Tessem, Jarrod Thurman and Kelly Turner • Two-Time Recipients - Clint Barthold, Ron Buie, Mike Crawford, Matt Cummings, Jerry Jedlicka, Kris Johnson, Dan Kirk, Jack London, Connor Lowrance, Brian Staples, Jeremy Stroope, Jason Sutcliffe, Sam Weisz, Rob Williams and Eric Wright • First-Time Recipients - Tom Burnett, Casey Cachero, Alex Craig, Dan Durkee, Travis Greenman, Stephen Holland, Aaron Inman, Jesse Kingery, Wayne Lasater, Vance Lay, Rod Levingston, Danny Lopez, Billy Massey, Chad Rose, Mel Tucker and Russell Wilson. City of Mesquite, Texas Page 2 City Council Minutes - Final February 20, 2023 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:33 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 Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 6:59 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 Geoffrey Moore, Pastor, St. Stephen United Methodist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS 1. Ms. Anderson announced that the Mesquite Main Library, 300 West Grubb Drive, now offers four study rooms to provide a quiet place for reading, studying or research. Three of the rooms can accommodate one to two persons and one room can meet the needs of a small group. The rooms are available on a first-come, first-served basis. These additions were a result of citizen input. 2. Mr. Smith invited the public to join the Mesquite Arts Center in celebrating Black History Month by welcoming DJ Leo J as he speaks about the history of “House Music” and how it relates to Black History. The program premiers on the Mesquite Arts Center YouTube Channel on Wednesday, February 22, 2023, at 4:00 p.m. 3. Mr. Smith invited citizens to a District 5 Neighborhood Meeting on Saturday, February 25, 2023, at Rutherford Elementary School, 1100 Rutherford Drive, at 10:00 a.m. 4. Mr. Boroughs stated that a class, “Adulting 101,” for teens will be offered at the Mesquite Main Library, 300 West Grubb, on Wednesday, March 4, 2023, from 4:30 p.m. to 5:30 p.m. This class will help teens learn how to create a resume, provide interview tips and provide information needed to apply for their first job. 5. Ms. Vidler stated that the City has recently expanded communication options to help citizens stay engaged and active in our community. Some of the new tools include the improved MyMesquite app, a 24/7 Call Center, a Mesquite Alerts app for emergencies and a Spanish City of Mesquite Facebook page. The apps and news feed require citizens to sign up to be notified of neighborhood-specific information. For a complete list of communication tools, visit www.cityofmesquite.com/ConnectWithUs. 6. Ms. Vidler invited citizens to attend a Neighborhood Meeting on Thursday, March 9, 2023, at Cannaday Elementary School, 2701 Chisholm Trail, at 7:00 p.m. City of Mesquite, Texas Page 3 City Council Minutes - Final February 20, 2023 7. Mr. Green encouraged citizens to view the Parks and Recreation Department ’s Spring Edition of the Fun Guide at www.cityofmesquite.com/FunGuide, which features City activities for all ages. 8. Mr. Casper invited citizens to attend a District 1 Neighborhood Meeting on Thursday, February 23, 2023, at Dunford Recreation Center, 1015 Green Canyon Drive. 9. Mr. Casper stated that Spring Break for the Mesquite Independent School District is March 13 – 17, 2023. The Parks and Recreation Department is offering Spring Break Camp during this week at Dunford Recreation Center, 1015 Green Canyon Drive, and Camp Rorie Galloway, 3100 Lawson Road. Camps are for students in Kindergarten through Sixth Grade and will operate Monday through Friday from 7:00 a.m. to 6:00 p.m. each day. 10. Mayor Alemán thanked everyone who attended the State of the Community event held last Thursday, February 16, 2023, at the Mesquite Arts Center. Community leaders from the City, Mesquite Independent School District and Dallas College – Eastfield Campus discussed wins, innovations and challenges over the past year. Also, the Neighborhood Summit held on Saturday, February 18, 2023, had keynote presentations from the Public Health Office and Better Block Foundation which covered tools and processes for neighbors to form citizen groups and engagement activities. Both the State of the Community and the Neighborhood Summit encouraged everyone to get more involved to helps us all move forward together. Highlights of theses events will soon be available on the City ’s social media channels. CITIZENS FORUM Maxcie Taylor, 725 Elm Falls Place, spoke regarding Black History Month Essay Competition. CONSENT AGENDA Approval of the Consent Agenda Mr. Green requested that Item Nos. 4 and 5 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. Vidler and approved unanimously. 2 Minutes of the regular City Council meeting held February 6, 2023. Approved on the Consent Agenda. 3 An ordinance amending Appendix D - Comprehensive Fee Schedule of the City Code amending the commercial solid waste collection rates, effective April 01, 2023. Approved on the Consent Agenda. Ordinance No. 5007, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING APPENDIX D – THE COMPREHENSIVE FEE SCHEDULE OF THE MESQUITE CITY CODE, BY MAKING CERTAIN DELETIONS AND ADDITIONS UNDER SECTION 14-112 THEREBY AMENDING THE COMMERCIAL SOLID WASTE COLLECTION RATES; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 5007 recorded in Ordinance Book No. 128.) 6 Bid No. 2022-122 – Annual Supply of Concrete. (Staff recommends award to B&B Ready Mix, Inc., and to authorize the City City of Mesquite, Texas Page 4 City Council Minutes - Final February 20, 2023 Manager to finalize and execute a contract in the amount not to exceed $608,375.00. The term of this contract is for a one-year period, with four additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 7 Bid No. 2023-058 - Purchase of Seven Ford Escapes. (Staff recommends award to Sam Pack’s Five Star Ford, in Carrollton, Texas, through BuyBoard Contract No. 601-19, in the amount of $185,922.12.) Approved on the Consent Agenda. 8 Bid No. 2023-059 - Purchase of Five Ford Explorer Interceptors. (Staff recommends award to Sam Pack’s Five Star Ford, in Carrollton, Texas, through BuyBoard Contract No. 601-19, in the amount of $254,526.05.) Approved on the Consent Agenda. 9 Authorize the City Manager to finalize and execute a ground lease renewal with Comanche Group, Inc., for a 10-year extension for Aircraft Hangar D1, located at 910 Airport Boulevard, Mesquite, Texas. Approved on the Consent Agenda. 10 Authorize the City Manager to finalize and execute a ground lease renewal with Comanche Group, Inc., for a 10-year extension for Aircraft Hangar D2, located at 910 Airport Boulevard, Mesquite, Texas. Approved on the Consent Agenda. 11 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2022-047, Box Hangar for Mesquite Metro Airport, with J.C. Commercial, Inc., in the amount of $359,032.26, for the construction of an aircraft hangar at the Mesquite Metro Airport. Approved on the Consent Agenda. 12 Authorize the City Manager to finalize and execute a Supplemental Agreement (Phase II) to Bid No. 2023-002, Construction Manager at Risk Services for the Addition to and Remodel of the Mesquite Service Center Field Services Building, with Crossland Construction Company, Inc., to establish the Guaranteed Maximum Price (GMP) of $12,898,488.00. Approved on the Consent Agenda. 13 Ratify an expenditure in the amount of $80,714.37, without competitive bidding, for the rental of an emergency cooling tower unit at the Mesquite Convention Center Central Utility Plant located at 1818 Rodeo Drive and authorizing payment to Berger Engineering Co., for such rental services. Approved on the Consent Agenda. City of Mesquite, Texas Page 5 City Council Minutes - Final February 20, 2023 CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 4 A resolution authorizing the City Manager to finalize and execute a Second Amendment to the Solterra Development Agreement and enacting other provisions relating thereto. Ted Chinn, Assistant City Manager, stated that due to supply chain issues, the developer has experienced a 30 percent cost escalation across the board. He stated that the number of lots have been reduced from 3,900 to 3,324 lots. City staff and the developer worked out some terms in the Second Amendment to offset these cost increases. The reimbursement cap is increased from $200 million to $297 million and to offset the loss of City impact fee revenue resulting from the reduction in the number of developable lots, the additional Roadway Fee, now called “Roadway Capital Recovery Fee,” is increasing from $1,000 to $3,000 for each residential and commercial lot. The developer will be required to pay the Wildlife Mitigation Service fee for the first three years and the Homeowner’s Association to pay the remaining seven years directly to the City by invoice rather than having available TIRZ revenues cover those costs. Mr. Chinn stated that at the request of the developer, staff added language that in the future, at City Council’s sole discretion, to issue TIRZ Revenue Bonds to fund any public improvements not financed through the Public Improvement District (PID) Bonds subject to a minimum 2.0 times bond coverage ratio as determined by the City’s Financial Advisor. Also, in agreement to reduce the Value to Lien ratio for Improvement Area A-1 and C-1 only, from 2 to 1 to 1.5 to 1, with the City receiving a guarantee of 30 percent of excess TIRZ revenues in subsequent improvement area phases to fund future City public improvements within the PID. Phillip Huffines, representing Solterra, stated that they are in the first phase of the Solterra Development, containing 787 lots, which is planned for completion by late April 2023. Construction of the amenity center will begin in May 2023 and will be completed in approximately 15 – 16 months. Mr. Huffines presented an overview of the development which will contain a 28-acre lake, over 450 transplanted trees of various species and a tree house built in a 42-inch red oak tree. He showed a brief video of the development after completion. Mr. Huffines stated that Phase 2 or 3 will include a 1,400-square-foot restaurant. Ms. Anderson moved to approve Resolution No. 04-2023, as presented to the City Council at tonight's Pre-Meeting, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MESQUITE, TEXAS, AND HC SOLTERRA, LLC, REGARDING THE DEVELOPMENT OF APPROXIMATELY 1,424.398 ACRES OF LAND GENERALLY LOCATED SOUTHWEST OF EAST CARTWRIGHT ROAD AND BOTH NORTHWEST AND SOUTHEAST OF FAITHON P. LUCAS SR. BOULEVARD (THE “AGREEMENT”); AUTHORIZING THE CITY MANAGER TO TAKE SUCH ACTIONS AND EXECUTE SUCH DOCUMENTS AS ARE NECESSARY OR ADVISABLE TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Ms. Vidler and approved unanimously. (Resolution No. 04-2023 recorded in Resolution Book No. 65.) 5 A resolution supporting the designation of the portion of Interstate Highway 635 City of Mesquite, Texas Page 6 City Council Minutes - Final February 20, 2023 in Mesquite as “Officer Richard Houston II Memorial Highway.” Police Officer Bruce Sales, President of the Mesquite Police Association, spoke regarding the designation of a portion of Interstate Highway 635 as "Officer Richard Houston II Memorial Highway." He stated that the Texas Department of Transportation estimates the cost for memorial signage and maintenance to be approximately $40,000.00. The Mesquite Police Association has prepared a fundraising event for these costs. Officer Sales stated that donations can also be made online at mpacharities.com or www.thempa.org. Cliff Keheley, City Manager, stated that a link will be available for donations on the City's website. Mr. Boroughs, Ms. Vidler and Mr. Smith made donations toward the "Officer Richard Houston II Memorial Highway" campaign. Mr. Smith moved to approve Resolution No. 05-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING THE DESIGNATION OF THE PORTION OF INTERSTATE HIGHWAY 635 IN MESQUITE AS “OFFICER RICHARD HOUSTON II MEMORIAL HIGHWAY.” Motion was seconded by Mr. Boroughs and approved unanimously. (Resolution No. 05-2023 recorded in Resolution Book No. 65) END OF CONSENT AGENDA APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 14 Consider appointment of one regular member (Position No. 7) to the Animal Services Advisory Committee for a term to expire December 31, 2023. Mr. Casper moved to appoint Pamela Miller as Regular Member (Position No. 7) to the Animal Services Advisory Committee for a term to expire December 31, 2023. Motion was seconded by Mr. Green and approved unanimously. 15 Consider appointment of one alternate member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2023. Ms. Vidler moved to appoint Kourtnie Airheart as Alternate Member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2023. Motion was seconded by Mr. Green and approved unanimously. 16 Consider appointment of one regular member (Position No. 8) to the Capital Improvements Advisory Committee for a term to expire December 31, 2024. Mr. Green moved to appoint Ken Blackington as Regular Member (Position No. 8) to the Capital Improvements Advisory Committee for a term to expire December 31, 2024. Motion was seconded by Ms. Vidler and approved unanimously. OTHER BUSINESS 17 Consider an application to allow fee in lieu of parkland dedication for the subdivision of a parcel from one lot to two lots resulting in a net increase of one lot, located at 1204 Lakeshore Drive. Mr. Boroughs abstained from discussion on this item and left the meeting. City of Mesquite, Texas Page 7 City Council Minutes - Final February 20, 2023 Jeff Armstrong, Director of Planning and Development Services, stated that currently, the parcel is comprised of one lot with an existing house on the south portion of the lot, which is approximately one-acre in size. In 1979, the property was platted as two lots (Lots 4 and 5) in the original Woodstream Estates subdivision. In 1980, Lots 4 and 5 were replatted, combining them into a new Lot 4A. The applicants would like to replat Lot 4A back to two lots so that a new home can be built on the northern portion of the current lot. Since parkland dedication was not required in 1979, it has never been applied to this property. Therefore, the creation of one new lot requires compliance with the parkland dedication ordinance. In this case, the required parkland dedication would be 792 square feet. In lieu of a parkland dedication, the applicant requested to pay the fee of $1,941.81. By ordinance, half would be paid with the plat, the other half with the building permit. Mr. Green moved to approve the application to allow fee in lieu of parkland dedication. Motion was seconded by Mr. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Green, Casper, Alemán, Smith, Anderson, Vidler Nayes: None Abstention: Boroughs Motion carried. PUBLIC HEARINGS 18 Conduct a public hearing and consider a resolution supporting MQ Baker Housing LP’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 100-unit affordable multi-family rental housing development to be located at 2500 Baker Drive, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. Mr. Boroughs entered the meeting. A public hearing was held to consider a resolution supporting MQ Baker Housing LP’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 2500 Baker Drive. 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 credits 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. MQ Baker Housing LP, has proposed the construction of an affordable multi-family rental housing development which will be age-restricted for residents 55 years of age and older. One- and two-bedroom units will be offered with approximately 25 percent of the total units at market rate and the remaining 75 percent of the units will be rent restricted. City of Mesquite, Texas Page 8 City Council Minutes - Final February 20, 2023 Applicant Deepak P. Sulakhe, President/CEO of OM Housing, introduced Jason Lain to present the project. Mr. Lain, representing OM Housing, stated that OM Housing is a Dallas-based development company having developed approximately 8000 units held and operated by them. They focus on National Green Building Standards and every development is Leadership in Energy and Environmental Design (LEED) certified. Mr. Lain stated that The Flats at Baker will be an age-restricted multi-family affordable housing development on approximately 3.5 acres consisting of approximately 56 units. Some of the amenities will include a clubhouse, swimming pool, outdoor kitchen and BBQ area, coffee bar, library, business center, WiFi, community room and laundry care center. The units will have stainless steel appliances, full kitchens and a faux hardwood floor or carpet. There will be perimeter fencing with controlled access, key fobs for entrances and at least 25 cameras distributed throughout the site. Millie Arnold, 2206 Luau Street, expressed opposition to the proposed resolution. No others appeared regarding the proposed resolution. Ms. Vidler moved to deny a resolution supporting MQ Baker Housing LP’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 2500 Baker Drive. Motion was seconded by Mr. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Vidler, Boroughs, Alemán, Smith, Green, Anderson Nayes: Casper Motion carried. 19 Conduct a public hearing and consider a resolution supporting Town East Trails Realty, LP’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, 70-unit affordable multi-family rental housing development to be located at the northeast corner of Poteet Drive and Independence 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 Town East Trails Realty, LP’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 the northeast corner of Poteet Drive and Independence Drive. 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 (TDHCA). Town East Trails Realty, LP, has proposed the construction of a four-story, 76-unit affordable multi-family rental housing development which will be age-restricted for City of Mesquite, Texas Page 9 City Council Minutes - Final February 20, 2023 residents 55 years of age or older. One- and two-bedroom units will be offered with 100 percent of the units being rent restricted. Mr. Armstrong stated that an approved resolution 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. He stated that the TDHCA will not approve two projects with two miles of each other. Applicant Alan Naul, representing Town East Trails Realty, LP, stated that their background is not full-time multi-family development but rather long-term senior care facilities. The location for this development was chosen because of the close proximity to grocery stores, doctor’s offices, restaurants and a nursing home, Town East Rehabilitation and Healthcare Center, that they own on Town East Boulevard. The building will be four stories with elevators with a common area, a computer room, a fitness room and all units will have a full kitchen. (1) Deborah Phillips Melton, 803 Caladium Drive; (2) Trackea Scott, Administrator at Town East Rehabilitation and Healthcare Center; and (3) Geoffrey Moore, 4603 Palos Verdes Drive, expressed support for the proposed resolution. (1) Bradley Shelton, 1409 Springbrook Drive; and (2) J. R. Black, 1739 Roundrock Trail, expressed concerns regarding affordability. No others appeared regarding the proposed resolution. Mr. Naul stated that the apartment rent will range from $500.00 - $1000.00 per month, according to the renter’s income and whether it is a one- or two-bedroom apartment. Mr. Casper moved to approve a resolution supporting Town East Trails Realty, LP’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 the northeast corner of Poteet Drive and Independence Drive, Resolution No. 06-2023, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING TOWN EAST TRAILS REALTY, LP’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 AGE RESTRICTED, 70-UNIT AFFORDABLE MULTI-FAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED AT THE NORTHEAST CORNER OF POTEET DRIVE AND INDEPENDENCE 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 Ms. Vidler and approved unanimously. (Resolution No. 06-2023 recorded in Resolution Book No. 65.) 20 Conduct a public hearing and consider a resolution supporting MPH East Glen, LLC’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 100-unit affordable multi-family rental housing development to be located at 2200 Newsom Road, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. City of Mesquite, Texas Page 10 City Council Minutes - Final February 20, 2023 A public hearing was held to consider a resolution supporting MPH East Glen, LLC’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 100-unit affordable multi-family rental housing development to be located at 2200 Newsom Road. 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. 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. Mr. Armstrong stated that MPH East Glen, LLC, has proposed the construction of a 100-Unit affordable multi-family rental housing development. One-, two-, and three-bedroom units will be offered with approximately 10 percent of the total units at market rate and the remaining 90 percent of the units will be rent restricted. Applicant Chris Shear, CEO - McDowell Properties, stated that Ekos at East Glen will be a 100-unit affordable family development with no age restriction. There will be a mix of market rate units as well as income restricted units. Mr. Shear gave an overview of the project and stated that some of the amenities will include a kids recreation room, resort-style swimming pool, playground, clubroom with kitchenette, fitness center, computer lab and business center, community garden and dog park. There will be security camera coverage of the parking lots, building entrances, and amenity areas, along with secured building access. Of the 100 units, 30 will be one-bedroom, 66 will be two-bedroom and 4 will be three-bedroom. Mr. Shear stated that this will not be a Section 8 development. (1) Brenda Randall, 510 Binkley Court, expressed opposition to the proposed resolution. (2) Jessica Fagin, 105 Toler Drive; (3) Geoffrey Moore, 4603 Palos Verdes Drive; and J.R. Black, 1739 Roundrock Trail, expressed support for the proposed resolution. No others appeared regarding the proposed resolution. Ms. Anderson moved to deny a resolution supporting MPH East Glen, LLC’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 100-unit affordable multi-family rental housing development to be located at 2200 Newsom Road. Motion was seconded by Ms. Vidler. On call for a vote on the motion, the following votes were cast: Ayes: Anderson, Vidler, Alemán, Boroughs, Smith, Green Nayes: Casper Motion carried. 21 Conduct a public hearing and consider a resolution supporting Legacy 80 in Mesquite Apartments’ application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits City of Mesquite, Texas Page 11 City Council Minutes - Final February 20, 2023 Program for the construction of a 116-unit affordable multi-family rental housing development to be located at 2749 Interstate Highway 30, 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 Legacy 80 in Mesquite Apartments’ application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 116-unit affordable multi-family rental housing development to be located at 2749 Interstate Highway 30. 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. Rezoning of the property would be required for multi-family development of the parcel. Support of the requested resolution would not bind the City Council to any future rezoning decision. Legacy 80 in Mesquite has proposed the construction of a 116-Unit affordable multi-family rental housing development. One-, two-, and three-bedroom units will be offered with approximately 30 percent of the total units at market rate and the remaining 70 percent of the units will be rent restricted. Applicant Jack Traeger, representing Legacy Multifamily Development, LLC and Rise Residential, stated that Rise Residential has developed approximately 8,500 housing developments since 2003. They have developed high-quality, multi-family housing through good design, quality construction and green building practices. Mr. Traeger stated that some of the amenities will include full-sized washers and dryers, patios and balconies, resort-style pool and clubhouse, fitness and recreation areas, BBQ grills and picnic areas, business center, high-speed internet, garages and carports. The development will consist of two- and three-story buildings with interior corridors and elevators with controlled access gates. (1) Vivian Johnson, 4538 Live Oak Drive; and (2) Geoffrey Moore, 4603 Palos Verdes Drive, expressed support for the proposed resolution. No others appeared regarding the proposed resolution. Mr. Green moved to deny a resolution supporting Legacy 80 in Mesquite Apartments’ application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 116-unit affordable multi-family rental housing development to be located at 2749 Interstate Highway 30. Motion was seconded by Ms. Vidler. On call for a vote on the motion, the following votes were cast: Ayes: Green, Vidler, Alemán, Boroughs, Smith, Anderson Nayes: Casper Motion carried. City of Mesquite, Texas Page 12 City Council Minutes - Final February 20, 2023 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:47 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 Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 10:45 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Ms. Vidler moved to adjourn the meeting. Motion was seconded by Mr. Smith and approved unanimously. The meeting adjourned at 10:45 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 13

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, February 20, 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 20, 2023. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW 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 - 6:00 P.M. 1 23-6437 Receive presentation of 2022 Meritorious Awards to Fire Department employees. Attachments: List of Award Recipients REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Kelly James, Pastor, Pathway of Life Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS City of Mesquite, Texas Page 1 Monday, February 20, 2023 City Council Meeting Agenda February 20, 2023 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.) 2 23-6406 Minutes of the regular City Council meeting held February 6, 2023. Attachments: February 6, 2023, minutes 3 23-6424 An ordinance amending Appendix D - Comprehensive Fee Schedule of the City Code amending the commercial solid waste collection rates, effective April 01, 2023. Attachments: Ordinance Republic Adjusted Rates CPI Verification 4 23-6412 A resolution authorizing the City Manager to finalize and execute a Second Amendment to the Solterra Development Agreement and enacting other provisions relating thereto. Attachments: Resolution and Second Amendment Original Development Agreement First Amendment 5 23-6446 A resolution supporting the designation of the portion of Interstate Highway 635 in Mesquite as “Officer Richard Houston II Memorial Highway.” Attachments: Resolution City of Mesquite, Texas Page 2 Monday, February 20, 2023 City Council Meeting Agenda February 20, 2023 6 23-6414 Bid No. 2022-122 – Annual Supply of Concrete. (Staff recommends award to B&B Ready Mix, Inc., and to authorize the City Manager to finalize and execute a contract in the amount not to exceed $608,375.00. The term of this contract is for a one-year period, with four additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Attachments: Bid Tabulation 7 23-6434 Bid No. 2023-058 - Purchase of Seven Ford Escapes. (Staff recommends award to Sam Pack’s Five Star Ford, in Carrollton, Texas, through BuyBoard Contract No. 601-19, in the amount of $185,922.12.) Attachments: Quote Photo 8 23-6435 Bid No. 2023-059 - Purchase of Five Ford Explorer Interceptors. (Staff recommends award to Sam Pack’s Five Star Ford, in Carrollton, Texas, through BuyBoard Contract No. 601-19, in the amount of $254,526.05.) Attachments: Quote Photo 9 23-6430 Authorize the City Manager to finalize and execute a ground lease renewal with Comanche Group, Inc., for a 10-year extension for Aircraft Hangar D1, located at 910 Airport Boulevard, Mesquite, Texas. 10 23-6432 Authorize the City Manager to finalize and execute a ground lease renewal with Comanche Group, Inc., for a 10-year extension for Aircraft Hangar D2, located at 910 Airport Boulevard, Mesquite, Texas. 11 23-6438 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2022-047, Box Hangar for Mesquite Metro Airport, with J.C. Commercial, Inc., in the amount of $359,032.26, for the construction of an aircraft hangar at the Mesquite Metro Airport. 12 23-6440 Authorize the City Manager to finalize and execute a Supplemental Agreement (Phase II) to Bid No. 2023-002, Construction Manager at Risk Services for the Addition to and Remodel of the Mesquite Service Center Field Services Building, with Crossland Construction Company, Inc., to establish the Guaranteed Maximum Price (GMP) of $12,898,488.00. Attachments: GMP Proposal 13 23-6442 Ratify an expenditure in the amount of $80,714.37, without competitive bidding, for the rental of an emergency cooling tower unit at the Mesquite Convention Center Central Utility Plant located at 1818 Rodeo Drive and authorizing payment to Berger Engineering Co., for such rental services. City of Mesquite, Texas Page 3 Monday, February 20, 2023 City Council Meeting Agenda February 20, 2023 Attachments: Photos of Mobile Cooling Tower APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 14 23-6443 Consider appointment of one regular member (Position No. 7) to the Animal Services Advisory Committee for a term to expire December 31, 2023. Attachments: List of Eligible Applications 15 23-6436 Consider appointment of one alternate member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2023. Attachments: List of Eligible Applicants 16 23-6425 Consider appointment of one regular member (Position No. 8) to the Capital Improvements Advisory Committee for a term to expire December 31, 2024. Attachments: List of Eligible Applicants City of Mesquite, Texas Page 4 Monday, February 20, 2023 City Council Meeting Agenda February 20, 2023 OTHER BUSINESS 17 23-6433 Consider an application to allow fee in lieu of parkland dedication for the subdivision of a parcel from one lot to two lots resulting in a net increase of one lot, located at 1204 Lakeshore Drive. Attachments: Staff memo Request letter Aerial map Survey PUBLIC HEARINGS 18 23-6427 Conduct a public hearing and consider a resolution supporting MQ Baker Housing LP’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 100-unit affordable multi-family rental housing development to be located at 2500 Baker Drive, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Emailed Overview of Project – Provided by Applicant Site Plan Location Map Resolution 19 23-6428 Conduct a public hearing and consider a resolution supporting Town East Trails Realty, LP’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, 70-unit affordable multi-family rental housing development to be located at the northeast corner of Poteet Drive and Independence Drive, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Project Overview – Provided by Applicant 23-0213_TX_Mesquite_Independence Dr_SITE_REV_ Location Map Resolution 20 23-6429 Conduct a public hearing and consider a resolution supporting MPH East Glen, LLC’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 100-unit affordable multi-family rental housing development to be located at 2200 Newsom Road, in accordance with Chapter 2306 of the Texas Government Code and City of Mesquite, Texas Page 5 Monday, February 20, 2023 City Council Meeting Agenda February 20, 2023 authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Overview of Project – Provided by Applicant Site Plan Location Map Resolution 21 23-6431 Conduct a public hearing and consider a resolution supporting Legacy 80 in Mesquite Apartments’ application to the Texas Department of Housing and Community Affairs (TDHCA) for 2023 Competitive 9% Housing Tax Credits Program for the construction of a 116-unit affordable multi-family rental housing development to be located at 2749 Interstate Highway 30, 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 Site Plan Location Map Resolution ADJOURNMENT City of Mesquite, Texas Page 6 Monday, February 20, 2023 City Council Meeting Agenda February 20, 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. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 3. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21 4. Daniel Gonzales v. City of Mesquite, Cause No. CC-21-05087-D - Filed 11-22-21 5. 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 6. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22 7. Clement Bernard v. City of Mesquite, Texas, Civil Action No. 3:22-cv-00928 - Filed 4-26-22 8. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22 9. 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. The following subject may be discussed: • Annual review of the City Manager. 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. City of Mesquite, Texas Page 7 Monday, February 20, 2023 City Council Meeting Agenda February 20, 2023 Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator. City of Mesquite, Texas Page 8 Monday, February 20, 2023

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