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City Council

April 21, 2025 ·5:00 PM Final

City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas

Agenda — 56 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross, B. W. Smith and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive briefing regarding the Mesquite Independent School District (MISD) Bond Election. 25-7633
  6. 2 Receive briefing from Keep Mesquite Beautiful, Inc., regarding programs and activities. 25-7638
  7. 7 (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.)
  8. 8 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M.
  9. 9 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
  10. 10 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:20 P.M.
  11. 3 Receive presentation regarding the 2024 Meritorious Conduct Awards to Police Department employees. 25-7597
  12. 12 page break
  13. 13 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  14. 14 INVOCATION
  15. 15 Reginald Jefferson, Pastor, New Hope Baptist Church, Mesquite, Texas.
  16. 15 1. Mr. Casper encouraged citizens to participate in the Spring Trash Bash, hosted by Keep Mesquite Beautiful, Inc., on Saturday, April 26, 2025, from 8:00 a.m. to Noon. Volunteers will meet under the marquee at Town East Mall to receive supplies before heading to their assigned locations. To help the team coordinate supplies and cleanup locations, please pre-register at www.cityofmesquite.com/TrashBash. 2. Mr. Green announced that the “Off the Rails” concerts at Front Street Station will be held every Saturday in May at 7:00 p.m. This free concert series, in the heart of historic Downtown Mesquite, features a wide variety of musical styles from some of the best local bands in North Texas. Bring your chairs and coolers and enjoy this family friendly event. 3. Ms. Rodriguez-Ross invited citizens to attend a District 3 Neighborhood Crime Watch Meeting on Thursday, May 1, 2025, at 7:00 p.m., at Trinity Worship Center, 3300 Gus Thomasson Road. 4. Ms. Rodriguez-Ross announced that the City of Mesquite is partnering with the Hispanic Forum of Mesquite for the Annual Cinco de Mayo celebration at Front Street Station on Saturday, May 3, 2025, at 5:00 p.m. Visitors can enjoy authentic Mexican food, live music, folklórico dancers and a jalapeño eating contest. There will be plenty of activities for the kids including face painting, inflatables, piñatas and more. For details, visit www.cityofmesquite.com/CindoDeMayo. 5. Mr. Boroughs encouraged families to participate in the Family Fish event on Saturday, April 26, 2025. This free event is for all ages and will be held from 9:00 a.m. to Noon at City Lake Park, 200 Parkview Street. The first 100 kids, ages 17 and under, at the event will have the chance to receive a free fishing rod. Fishing bait, hooks and other materials will not be provided. Participants can also compete for a trophy awarded for the shortest and longest fish caught. 6. Mr. Smith expressed appreciation to the citizens who were recognized tonight for taking action to report an incident and to the Police Department and civilian employees who were also recognized tonight. 7. Mr. Smith announced that Historic Mesquite, Inc., is hosting a Murder Mystery Dinner on Saturday, May 10, 2025, from 6:00 p.m. to 9:00 p.m., at the Mesquite Arts Center, 1527 North Galloway Avenue. This event will benefit preservation projects at Opal Lawrence Historical Park and Florence Ranch Homestead. The three-act show will be performed by professional actors and attendees will have two intermissions to work together to solve the mystery. Tickets are $75.00 for General Admission and $100.00 for VIP Reserved Seating. Sponsorships are still available for the event as well.
  17. 16 PLEDGE OF ALLEGIANCE
  18. 17 Members of the Keep Mesquite Beautiful, Inc., Youth Environmental Leaders.
  19. 18 SPECIAL ANNOUNCEMENTS
  20. 19 8. Mr. Murden stated that National Small Business Week will be celebrated from Sunday, May 4, 2025, to Saturday, May 10, 2025, with workshops and activities for those interested in growing or starting a business. A highlight of the week is Entrepreneurs Day on Wednesday, May 7, 2025. This free event will feature a series of 20-minute roundtable sessions on a variety of topics. Entrepreneurs Day also will include a panel discussion with experienced small business owners and a networking lounge. Learn more about all activities planned by visiting www.cityofmesquite.com/SmallBusinessWeek. 9. Mayor Alemán invited the community to the National Day of Prayer Breakfast on Thursday, May 1, 2025. The breakfast will include music as well as prayers offered by a variety of community leaders. This is a free community event; however, space is limited. Please RSVP by Wednesday, April 30, 2025, to communications@cityofmesquite.com to reserve your seat. 10. Mayor Alemán announced that a City-Wide Council District Picnic will be held on Saturday, May 17, 2025, from 11:00 a.m. to 12:30 p.m., on the north lawn of the Mesquite Arts Center, 1527 North Galloway Avenue. Residents from all districts are invited to attend this gathering to connect with Councilmembers, City staff and neighbors. The picnic will feature family-friendly activities and food.
  21. 20 CITIZENS FORUM
  22. 20 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  23. 21 1. Tearyne Almendariz, 1416 Yorkshire Drive, expressed support for allowing residents to keep backyard hens. 2. Dennis Shammo, 700 Rancho Drive, expressed support for breaking parity between the Mesquite Police Department and Mesquite Fire Department. 3. Luke Christopherson, 924 Windbell Circle, expressed support for breaking parity between the Mesquite Police Department and Mesquite Fire Department. 4. Brad Perkinson, 320 Long Creek Drive, shared a Police lifesaving experience. 5. Vivian Johnson, 4538 Live Oak Drive, expressed support for increasing City revenue. 6. David Hernandez, 618 Debra Drive, expressed concerns regarding placement of trash containers and street parking.
  24. 22 CITIZENS COMMENTS
  25. 23 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.
  26. 24 CONSENT AGENDA
  27. 25 (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.)
  28. 4 Minutes of the regular City Council meeting held April 7, 2025. 25-7630 Approved Pass
  29. 5 An ordinance amending Chapter 5 (Buildings and Construction), Article V (Construction of Fences), Section 5-142, to be retitled (Public Property Access Control) of the City Code for the purpose of prohibiting gates, exceeding five feet, to be constructed on private fences to allow access to an unimproved alley, drainage and/or other utility easement, or other unimproved land unless specifically authorized by the City for maintenance or emergency access, and revising section 5-144 (Materials) for the purpose of prohibiting the addition of privacy fence mesh screen or similar materials and/or privacy fence inserts or slats to chain-link fences. 25-7626 Approved Pass
  30. 6 Bid No. 2025-046 - Evans Park Spray Zone: Site Construction. (Authorize the City Manager to finalize and execute a contract with Fast General Contracting LLC, in an amount not to exceed $670,000.00.) 25-7560 Approved Pass
  31. 7 RFP No. 2025-067 - Annual Grinding of Brush. (Authorize the City Manager to execute a contract with LETCO Group, LLC dba Living Earth in the amount of $475,000.00. The term of the contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) 25-7631 Approved Pass
  32. 29 END OF CONSENT AGENDA
  33. 8 Bid No. 2025-075 - Annual Drainage Channel Management (Spraying) Contract. (Authorize the City Manager to finalize and execute a contract with low bidder Opterra Solutions, Inc., in the amount of $128,900.00. The term of the contract is for a one-year period, with one additional one-year renewal option. The City Manager is authorized to exercise the renewal option, subject to annual appropriation of sufficient funds.) 25-7625 Approved Pass
  34. 9 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2024-013, South Parkway Reconstruction (U.S. Highway 80 to Peachtree Road), with DDM Construction Corporation, for the additional construction scopes in the amount of $317,210.00. 25-7627 Approved Pass
  35. 10 Authorize the City Manager to finalize and execute Change Order No. 2 to Bid No. 2024-016, Roadway Maintenance for Oates Drive, with Texas Materials Group, Inc., a Texas Corporation, for additional services required in the total amount of $44,606.25. 25-7616 Approved Pass
  36. 11 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2024-163, Barnes Bridge Ground Storage Tanks Rehabilitation, with DN Tanks, LLC, for the additional construction scopes in the amount of $96,430.00. 25-7629 Approved Pass
  37. 34 PUBLIC HEARINGS
  38. 34 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  39. 35 (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.)
  40. 12 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0924-0369, submitted by Tierra Carter-Simmons on behalf of Inspiring You to Greatness, for a change of zoning from Agricultural Zoning District to R-3, Single Family Zoning District and a Comprehensive Plan Amendment to change future land use designation from Commercial to Low Density Residential, located at 10079 South Belt Line Road (also addressed 2298 South Belt Line Road). (No responses in favor and one in opposition to the application has been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval.) 25-7617 Postponed
  41. 13 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0325-0386, submitted by Lighthouse Learning Academy Mesquite, LLC., for a change of zoning from General Retail with Conditional Use Permits (Ordinance Nos. 4855 and 4901) to General Retail with a Conditional Use Permit to allow child daycare services as a permitted use located at 1515 East Kearney Street, Suites 402, 500, and 600 and repealing all ordinances in conflict with the provisions of this ordinance. (No responses in favor or in opposition to the application has been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) 25-7621 Approved
  42. 38 ADJOURNMENT
  43. 39 page break
  44. 40 NOTICE OF EXECUTIVE SESSION
  45. 41 Pending and Contemplated Litigation
  46. 42 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. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 03-14-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 08-10-2022 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 – Filed 08-03-2022 3. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 4. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668 – Filed 02-15-2024; removed to U.S. Dist. Court, N. Dist. Tex., No. 3:24-cv-00740-D; on appeal to the Fifth Circuit of Appeals, No. 24-11025 5. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024 6. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024 7. Stephen Lawrence v. City of Mesquite and Jack Fyall, Cause No. 3:24-cv-3141 – Filed December 14, 2024
  47. 43 Personnel Matters
  48. 44 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.
  49. 45 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  50. 46 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).
  51. 47 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.
  52. 48 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.
  53. 49 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.
  54. 50 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.
  55. 51 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.
  56. 52 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.