docketcity.com

City Council

January 21, 2025 ·5:15 PM Final

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

Agenda — 63 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 - 5:15 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive update regarding You Matter Mesquite. 25-7534
  6. 6 (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.)
  7. 7 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:55 PM
  8. 8 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
  9. 9 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  10. 10 INVOCATION
  11. 11 Jarrod Baker, Pastor, Peace Church, Mesquite, Texas.
  12. 12 PLEDGE OF ALLEGIANCE
  13. 12 1. Mr. Casper stated that the City is looking for engaged citizens to volunteer their time, knowledge and expertise to serve on City boards and commissions. These volunteers can have an active voice, be involved in your community and advise the City Council and staff on a wide range of service areas. Visit www.cityofmesquite.com/Boards to learn more. 2. Mr. Casper invited citizens to attend a District 1 Neighborhood Meeting on Thursday, January 13, 2025, at 7:00 p.m., at Dunford Recreation Center, 1015 Green Canyon Drive. 3. Mr. Green stated that Texas weather changes fast and you don’t want to be caught unaware. When you sign up for Mesquite Alerts, you will receive real-time notifications about emergencies, weather and news that pertains to your neighborhood. Visit www.cityofmesquite.com/MesquiteAlerts to learn more and sign up for notifications. 4. Mr. Green thanked everyone who donated to the Weather Activated Relief for Mesquite (WARM) program as it made a big difference in helping people this month. WARM is an initiative that provides temporary accommodations for unsheltered individuals during extreme weather conditions. Sharing Life, the Mesquite Ministerial Alliance and the City of Mesquite all contribute to WARM, but additional financial donations are needed.
  14. 13 Members of Leadership Mesquite.
  15. 14 page break
  16. 14 page break
  17. 15 SPECIAL ANNOUNCEMENTS
  18. 16 More freezing weather is predicted before winter is over this year, so please donate today. Visit Sharing.Life/WARM to donate or learn more. 5. Ms. Rodriguez-Ross announced that the Mesquite Arts Center, 1527 North Galloway Avenue, will host several events in February. The Mesquite Arts Theatre will present “Harvey,” an award-winning comedy about a man named Elwood Dowd and his best friend, a six-foot-tall invisible rabbit. The show runs from Friday, February 7, 2025, through Sunday, February 23, 2025. For information and tickets, visit www.MesquiteArtsTheatre.org. The Mesquite Symphony Orchestra will present “On Its Way” on Saturday, February 8, 2025, at 7:00 p.m. The program will include compositions Forsyth and Beethoven. For tickets, visit MesquiteSymphony.org. Lastly, a new event this year, “Winter GLOW Fest” will take place on Saturday, February 15, 2025. This unique, family friendly event will be a wonderland of Valentine’s and glow-in-the-dark fun. Enjoy workshops, art, music, vendors and more. Details can be found at www.MesquiteArtsCenter.org. 6. Mr. Boroughs announced that the State of the Community event will be held on Thursday, February 6, 2025, at the Mesquite Arts Center and everyone is invited to attend. Doors open at 5:30 p.m. and the program begins at 6:00 p.m. with a panel discussion that will include Mayor Daniel Alemán, Jr., Mesquite Independent School District Superintendent Dr. Ángel Rivera, Dallas College – Eastfield President Dr. Eddie Tealer and Mesquite Chamber of Commerce President Alexander Helgar. The evening will end with a short reception. The City’s past year successes will be celebrated as well as plans for the coming year. 7. Mr. Smith stated that the Annual Polar Plunge will be held on Saturday, February 8, 2025, at 8:00 a.m., at Vanston Pool, 2913 Oates Drive. This event is hosted by the Mesquite Police Department and helps to raise funds for Texas athletes to participate in the Special Olympics. You can register to dive in or simply make a monetary donation to help this worthy cause. 8. Mr. Smith invited citizens to attend a District 5 Neighborhood Meeting on Saturday, January 25, 2025, at 10:00 a.m., in the Cliff Keheley Community Room in the new Dallas County Mesquite Government Center, 500 North Galloway Avenue. 9. Mr. Murden announced that City of Mesquite employees raised more than $53,000 for local charities through the 2024 Real. Texas. Giving. Campaign. The initiative ran from October to November, 2024. City employees made donations through payroll deductions, raffles, participating in contests and a silent auction. Funds donated to Real. Texas. Giving. this year will assist more than a dozen charitable organizations and programs. We are very grateful to all of the sponsors and partners who helped the City with this successful campaign. To learn more, visit www.cityofmesquite.com/RealTexasGiving. 10. Mayor Alemán announced that today is Assistant City Manager Chris Sanchez’s birthday and everyone sang Happy Birthday to him. 11. Mayor Alemán stated that beginning Saturday, February 1, 2025, the City of Mesquite will celebrate Black History Month. There will be a variety of enriching experiences and activities for all ages including a special self-guided tour organized by Visit Mesquite spotlighting local Black-owned restaurants, a free screening of “Cowboys of Color” and chat with the film’s director hosted by Historic Mesquite, Inc, an educational event and panel discussion hosted by City Councilmember Brandon Murden and cultural events at the Mesquite Main Library, 300 West Grubb Drive, and North Branch Library, 2600 Oates Drive. Throughout the month, the City will be posting weekly Black History Month recognitions on the City’s social media accounts. To find out more, visit www.cityofmesquite.com/BHM.
  19. 17 CITIZENS FORUM
  20. 18 Jerry Valladarez, Chief of Police for the Terrell Independent School District (TISD) Police Department, expressed appreciation to Police Chief David Gill for providing Mesquite Police Officers to cover several Terrell ISD Police Officer’s shifts during the funeral for fallen Terrell ISD Police Officer Jacob Candanoza. He stated that he was once employed as a Mesquite Police Officer and is grateful for the relationship that he and Chief Gill maintain. He presented Chief Gill with a Certificate of Appreciation.
  21. 18 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  22. 19 CITIZENS COMMENTS
  23. 20 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.
  24. 21 CONSENT AGENDA
  25. 22 (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.)
  26. 2 Minutes of the regular City Council meeting held January 6, 2025. 25-7524 Approved Pass
  27. 3 An ordinance abandoning the Holley Street right-of-way between Bryan-Belt Line Road and South Galloway Avenue and transferring all interests in the related real property to Dallas County, Texas, and authorizing the City Manager to take actions necessary to complete the abandonment and transfer. 25-7517 Approved Pass
  28. 4 RFP No. 2024-159 - Annual Contract for Ford Repairs and Alignments for all Makes and Models of Light-Duty Vehicles. (Authorize the City Manager to finalize and execute a contract with RRPFG Limited Partnership dba Randall Reed’s Planet Ford 635, in the amount of $150,000.00. 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.) 25-7523 Approved Pass
  29. 5 Bid No. 2025-001 - Installation of Traffic Signals (FM 741 at Heartland Parkway). (Authorize the City Manager to finalize and execute a contract with low bidder EAR Telecommunications, LLC dba EARTC in the amount of $279,903.52.) 25-7529 Approved Pass
  30. 6 Bid No. 2025-052 - Evans Park Spray Zone Project: Spray Pad. (Authorize the City Manager to finalize and execute a contract with Whirlix Design, Inc., through Texas BuyBoard Purchasing Cooperative, Contract No. 679-22, in the amount of $284,376.00.) 25-7525 Approved Pass
  31. 7 Bid No. 2025-063 - Purchase of a new 2024 Ford F-450 Diesel Chassis Ambulance Remount. (Staff recommends award to Professional Ambulance Sales and Service LLC dba SERVS, through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program (HGAC Buy) Contract No. AM10-23, in the amount of $224,085.00.) 25-7514 Approved Pass
  32. 28 PUBLIC HEARINGS
  33. 8 Authorize the City Manager to finalize and execute an Office and Hangar Lease with Wing Bird Aviation, LLC, for space at the Mesquite Metro Airport. 25-7522 Approved Pass
  34. 9 Authorize the City Manager to finalize and execute Amendment No. 1 to the La Prada Drive Reconstruction Project, from Motley Drive to Pinehurst Lane, with Kimley-Horn and Associates, Inc., for additional design and construction documents in an amount not to exceed $333,500.00. 25-7527 Approved Pass
  35. 30 page break
  36. 31 END OF CONSENT AGENDA
  37. 32 (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.)
  38. 32 page break
  39. 10 Conduct a public hearing and consider a resolution approving the term and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) and TIRZ No. 2 Reimbursement Agreement for such purposes by and between the City of Mesquite, Eleanor Sue Carroll (owner) and the Board of Directors of Reinvestment Zone No. 2, City of Mesquite, Texas (Towne Centre) (TIRZ) for the construction of improvements to property located at 215 West Main Street in Mesquite, Texas and granting to the owner of certain TIRZ reimbursements and economic development incentives and 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 administer the agreement on behalf of the City. 25-7521 Approved Pass
  40. 11 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-03, thereby revising Appendix C - Zoning Ordinance, Part 2 (Residential Districts), 2-200 (Use Regulations), Section 2-203 “Residential Districts: Schedule of Permitted Uses,” Part 3 (Nonresidential Districts), 3-200 (Use Regulations), Section 3-203 “Nonresidential Districts: Schedule of Permitted Uses,” 3-700 (Accessory Structure Regulations), and Part 6 (Definitions), 6-100 (Definitions and Interpretation of Terms), Section 6-102 “Definitions” for the purpose of establishing regulations for accessory electric vehicle charging stations and amending the City Code, Chapter 13 (Signs) for the purpose of adding a new fueling station sign type. (The Planning and Zoning Commission recommends approval of the zoning text amendment. The Zoning Text Amendment was postponed at the August 5, 2024, City Council meeting.) 25-7516 Approved Pass
  41. 12 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2025-01, thereby revising Appendix C - Zoning Ordinance, Part 4 (PD and Overlay Districts); Part 5 (Administration), repealing and replacing 5-300 to be titled (Amendments to the Comprehensive Plan, Zoning Text, and Zoning Maps and Procedures For CUP, PD, Overlay, and Other Districts); Part 5, 5-400, Section 5-401 “Summary of Application Actions”; and Part 6 (Definitions), 6-100 (Definitions and Interpretation of Terms), Section 6-102 “Definitions” for the purpose of updating the process and procedures for amendments to the Comprehensive Plan and zoning text and zoning map amendments, and to provide for updated notice requirements to align with changes in State law, and other general updates related thereto. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) 25-7515 Approved Pass
  42. 35 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. 13 – Discuss economic redevelopment project at the corner of Town East Boulevard and IH-635); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:05 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  43. 36 ADJOURNMENT
  44. 36 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:05 PM
  45. 37 NOTICE OF EXECUTIVE SESSION
  46. 37 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 Secretary and City Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 10:05 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  47. 38 Pending and Contemplated Litigation
  48. 39 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. State of Texas v. Villa, Cause No. PD-0756-23, on appeal as Cause No. 05-22-00220-CR, pending in the Court of Appeals, Fifth District of Texas at Dallas – Filed 12-10-2021 5. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 6. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 7. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668 – Filed 02-15-2024
  49. 39 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  50. 40 8. Alexander Reyes Serrano v. City of Mesquite, Cause No. CC-24-05058A – Filed 07-10-2024 9. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024 10. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024 11. Stephen Lawrence v. City of Mesquite and Jack Fyall, Cause No. 3:24-cv-3141 – Filed December 14, 2024
  51. 41 Personnel Matters
  52. 42 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 Secretary • Annual review of City Manager
  53. 43 page break
  54. 44 Economic Development
  55. 45 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:
  56. 47 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  57. 48 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).
  58. 49 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.
  59. 50 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.
  60. 51 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.
  61. 52 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.
  62. 53 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.
  63. 54 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.