docketcity.com

City Council

February 17, 2025 ·5:30 PM Final

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

Agenda — 68 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 - CITY COUNCIL CHAMBER - 5:30 P.M.
  3. 3 AGENDA REVIEW
  4. 4 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:03 P.M.
  5. 5 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. 18 – Discuss an economic development project at Faithon P. Lucas, Sr. Blvd. and Cartwright Rd.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:13 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  6. 6 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M.
  7. 1 Receive preliminary financial statements for fiscal year ending September 30, 2024. 24-7507
  8. 8 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  9. 9 INVOCATION
  10. 10 Will Klinke, Pastor, Mesquite Seventh Day Adventist Church, Mesquite, Texas.
  11. 11 PLEDGE OF ALLEGIANCE
  12. 12 Members of the Patriot AMBUCS of Dallas County.
  13. 13 SPECIAL ANNOUNCEMENTS
  14. 13 3. Mr. Green stated that the Courtyard Concert Series at the Mesquite Arts Center, 1527 North Galloway Avenue, begins on Thursday, March 6, 2025, with “The Elton Johns,” a local band. The Courtyard Concert Series will be held twice per month through June. Visit www.MesquiteArtsCenter.org to view individual events. 4. Mr. Green invited citizens to attend a District 2 Neighborhood Meeting on Saturday, February 22, 2025, at 10:00 a.m., at the North Branch Library, 2600 Oates Drive. 5. Ms. Rodriguez-Ross stated that the City is looking for engaged citizens to volunteer their time, knowledge and expertise by serving on a City Board or Commission. Duties of City Boards and Commission members may include serving in an advisory capacity, examining in-depth issues such as recommendations to zoning ordinances, advise and assist the City in adopting land use assumptions, making decisions on variance requests from citizens, advising the City Council and staff on a wide range of service areas and more. To learn more about the requirements for service and to complete an application, visit www.cityofmesquite.com/Boards. 6. Mr. Boroughs stated that spring weather can change rapidly in North Texas and encouraged citizens to sign up for “Mesquite Alerts.” Citizens will receive real-time notifications with reliable information regarding emergencies, weather and news that pertains to their neighborhood. Contact information remains private and will only be used for community notifications. Visit www.cityofmesquite.com/MesquiteAlerts to learn more and sign up. 7. Mr. Smith invited citizens to attend the next Town Hall Meeting on Tuesday, March 11, 2025, from 6:30 p.m. to 7:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. Staff from the Fire Department and Office of Emergency Management will discuss emergency preparedness. Town Hall Tuesdays are held every other month and provides residents a chance to learn about various City departments. 8. Mr. Murden stated to celebrate Black History Month, the Mesquite Main Library, 300 West Grubb Drive, will host a gathering on Saturday, February 22, 2025, at 2:00 p.m., featuring African drummer and storyteller Baba Kwasi. Also, there is still time to participate in the self-guided tour created by Visit Mesquite that spotlights local Black-owned restaurants. Diners who eat at the restaurants on the tour can enter a drawing to win a suite at the Mesquite Arena’s Annual Hip Hop Cowboys Spring Rodeo on Saturday, March 15, 2025. Learn more and see each restaurant’s location, description, and signature dish by visiting www.VisitMesquiteTX.com. 9. Mr. Murden invited citizens to attend a District 6 Neighborhood Meeting on Thursday, February 27, 2025, at 7:00 p.m., at Terry Middle School, 2351 Edwards Church Road. 10. Mr. Murden thanked the 120+ citizens who have registered for the Black History Month Brunch to be held on Saturday, February 22, 2025, and looks forward to an exciting event. 11. Mayor Alemán encouraged residents to attend the Neighborhood Summit on Saturday, March 1, 2025, from 8:00 a.m. to 12:00 p.m., at Vanguard High School, 4201 Faithon P. Lucas, Sr., Boulevard. Attendees will enjoy informative workshops, speakers and networking opportunities. The Summit is free and open to all residents. For more information, visit www.cityofmesquite.com/NeighborhoodSummit or call 972-216-6348. 12. Mayor Alemán stated that the City’s Youth Services Department is launching a new Youth Council. The group will meet monthly and provides students an opportunity to make a difference, share their voice and shape the future of our community. Teens who will be in grades 9 through 12 next school year are invited to apply beginning Saturday, March 1, 2025. Also, applications will soon be open for the City’s Summer Youth Internship Program. You can learn about both opportunities during upcoming information sessions. The first session will be held on Thursday, February 20, 2025, at 6:00 p.m., at the Mesquite Main Library, 300 West Gross Road, and the second session on Tuesday, February 24, 2025, at 6:00 p.m., at the North Branch Library, 2600 Oates Drive. Learn more at www.cityofmesquite.com/YouthServices. 13. Mayor Alemán stated on Saturday, February 8, 2025, the Police Department helped raise money for the Special Olympics with the Polar Plunge, which was a very successful event. He invited Police Chief David Gill to provide more information. Chief Gill stated that $14,550.00 was raised for the Special Olympics and thanked everyone who supported this event and the Parks and Recreation Department staff for hosting this event. The Police Department won the “Most Funds Raised by a Team” and he challenged other teams to pursue this goal.
  15. 14 1. Mr. Casper announced that the Daddy Daughter Dance will be held on Saturday, February 22, 2024, at the Mesquite Convention Center, 1700 Rodeo Drive. This year’s theme is “Denim and Diamonds” featuring a live DJ, light concessions, professional photography and more. The dance will be held in two sessions and tickets are $20.00 per person, per session and are limited. Advanced ticket purchase is required as tickets will not be sold at the door. Purchase your tickets at www.cityofmesquite.com/DaddyDaughterDance, at any recreation center or at the Parks and Recreation Administration Office, 1515 North Galloway Avenue. 2. Mr. Casper expressed appreciation to City staff for coordinating Neighborhood Meetings in the various City Council Districts throughout the year.
  16. 15 CITIZENS FORUM
  17. 15 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  18. 16 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.
  19. 17 CITIZENS COMMENTS
  20. 18 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.
  21. 19 CONSENT AGENDA
  22. 19 page break
  23. 20 (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.)
  24. 2 Minutes of the regular City Council meeting held February 3, 2025. 25-7552 Approved Pass
  25. 3 An ordinance prohibiting the use of and contact with designated groundwater from beneath the property generally located at 2106, 2108, and 2110 North Galloway Avenue in Mesquite, Dallas County, Texas, to facilitate certification of a Municipal Setting Designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ) pursuant to the Texas Solid Waste Disposal Act. 25-7528 Approved Pass
  26. 4 A resolution authorizing the City Manager to file and submit applications with the Federal Transit Administration (FTA), an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, and other Federal statues administered by the Federal Transit Administration. 25-7542 Approved Pass
  27. 5 A resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation (TxDOT) for the temporary closure of State Highway 352 on April 5, 2025, for the City of Mesquite Rodeo Parade, commemorating the 67th Anniversary of the Mesquite Championship Rodeo. 25-7544 Approved Pass
  28. 6 A resolution authorizing the City Manager to execute an Advance Funding Agreement for Highway Safety Improvement Program Project (both On-System and Off-System) with the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), for traffic signal improvements. 25-7545 Approved Pass
  29. 7 A resolution authorizing the City Manager to execute the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson, authorizing an equitable redistribution of grant funds thereby reducing Mesquite’s formula allocation to the revised amount of $30,310.56, designating the City of Dallas as the applicant and fiscal agent and designating the Police Chief of the City of Mesquite as the responsible officer for the purpose of signing all documents associated with the grant. 25-7551 Approved Pass
  30. 8 Bid No. 2025-024 - Mesquite McKenzie - Lawson Road Interceptor Improvements. (Authorize the City Manager to finalize and execute a contract with low bidder Acadia Services, LLC, in the amount of $7,327,249.00.) 25-7561 Approved Pass
  31. 9 Bid No. 2025-059 - Trinity Pointe Elevated Storage Tank. (Authorize the City Manager to finalize and execute a contract with low bidder Landmark Structures I, LP, in the amount of base bid $7,917,000.00, plus alternatives $243,200.00, for a total amount of $8,160,200.00.) 25-7562 Approved Pass
  32. 10 Bid No. 2025-076 - Purchase of Mesquite Police Department Camera for Fleet Vehicles. (Staff recommends award to Axon Enterprise, Inc., through Buy Board Contract No. 743-24, for the purchase of ten in-car cameras, interview room cameras, evidence storage and software in an amount not to exceed $144,675.00.) 25-7563 Approved Pass
  33. 11 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2024-013, South Parkway Reconstruction (U.S. Highway 80 to Peachtree Road) Project, with DDM Construction Corporation, for the additional construction scopes in the amount of $219,206.21. 25-7550 Approved Pass
  34. 30 page break
  35. 12 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Kimley-Horn and Associates, Inc., to develop the Safe Streets for All (SS4A) Vision Zero Plan, in the amount of $256,000.00. 25-7549 Approved Pass
  36. 13 Authorize the City Manager to finalize and execute a Local Agreement with the Dallas County Criminal District Attorney’s Office for the disposition of forfeited contraband, pursuant to Chapter 59 of the Texas Code of Criminal Procedure and authorize City Manager to exercise two renewals provided in the agreement. 25-7556 Approved Pass
  37. 14 Approve Amendment No. 2 to the 2024-25 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $95,000.00. 25-7564 Approved Pass
  38. 33 PUBLIC HEARINGS
  39. 15 Approve Amendment No. 2 to the 2024-25 Police Federal Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $223,000.00. 25-7541 Approved Pass
  40. 35 END OF CONSENT AGENDA
  41. 36 (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.)
  42. 16 Conduct a public hearing and consider a resolution supporting 930 Military Parkway Living, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 111-unit affordable multi-family rental housing development to be located at 930 Military Parkway, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. 25-7555 Approved Pass
  43. 17 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1024-0372, submitted by Maxwell Fisher of ZoneDev, on behalf of JPI, for a change of zoning from Planned Development - Light Commercial and Multifamily, Ordinance No. 2434, to Planned Development - Multifamily (“PD-MF”) A-3 District (Tract B), to allow residential uses with modified development standards located at 23701 IH 635 (north of Dean Street and west of IH 635). (Four responses 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.) 25-7557 Approved Pass
  44. 38 page break
  45. 39 ADJOURNMENT
  46. 39 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:13 P.M.
  47. 40 NOTICE OF EXECUTIVE SESSION
  48. 40 Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Legal advice regarding Petitions by Landowners or Residents for Release of Area from Extraterritorial Jurisdiction); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 8:20 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  49. 41 Pending and Contemplated Litigation
  50. 41 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:20 P.M.
  51. 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. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 09-06-2022 4. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 5. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 6. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668 – Filed 02-15-2024 7. Alexander Reyes Serrano v. City of Mesquite, Cause No. CC-24-05058A – Filed 07-10-2024 8. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024
  52. 42 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 9:50 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  53. 43 9. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024 10. Stephen Lawrence v. City of Mesquite and Jack Fyall, Cause No. 3:24-cv-3141 – Filed December 14, 2024
  54. 44 Consultation with Attorney
  55. 44 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  56. 45 Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to conduct a private consultation with its attorney related to pending or contemplated litigation, a settlement offer, and/or a matter in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas that conflicts with Texas Government Code Chapter 551. The following subjects may be discussed: • Legal advice regarding Petitions by Landowners or Residents for Release of Area from Extraterritorial Jurisdiction.
  57. 46 Personnel Matters
  58. 47 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 Manager
  59. 48 Economic Development
  60. 49 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:
  61. 51 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  62. 52 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).
  63. 53 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.
  64. 54 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.
  65. 55 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.
  66. 56 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.
  67. 57 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.
  68. 58 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.