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City Council

November 18, 2024 ·6:15 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 59 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 6:15 P.M.
  3. 3 AGENDA REVIEW
  4. 4 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:35 P.M.
  5. 5 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 6:51 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  6. 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. 13 – Discuss an update to economic development incentives for a project at IH-20 and Lawson Road); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:39 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  7. 6 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  8. 6 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:39 P.M.
  9. 7 INVOCATION
  10. 8 Stanley Viquez, Pastor, Iglesia Mundo de Fe, Mesquite, Texas.
  11. 9 PLEDGE OF ALLEGIANCE
  12. 10 Members of True Service Lodge #399 of the Most Worshipful Prince Hall Grand Lodge of Texas of Freemasons.
  13. 11 SPECIAL RECOGNITION
  14. 11 page break
  15. 1 Recognize Real. Texas. Service. Champions. 24-7455
  16. 13 SPECIAL ANNOUNCEMENTS
  17. 14 1. Mr. Casper announced that it’s time to sign kids up for Turkey Camp. Over the Thanksgiving break, kids in Kindergarten through 6th Grade can spend one day or all week at Camp. Highlights include playing games, creating holiday crafts and participating in fun activities. Turkey Camp will be held from Monday, November 25, 2024, through Friday, November 29, 2024, except for Thanksgiving Day, Thursday, November 28, 2024, at Dunford Recreation Center, 1015 Green Canyon Drive, and Rutherford Recreation Center, 900 Rutherford Drive. For kids looking for a little more adventure, a one day Turkey Camp will be held on Monday, November 25, 2024, at Rorie-Galloway Day Camp, 3100 Lawson Road. For pricing, camp hours and to register, visit www.cityofmesquite.com/HolidayCamps. 2. Mr. Green stated that the City of Mesquite is encouraging citizens to shop local this holiday season. Spending money in Mesquite helps business owners as well as the local economy. Kick off the gift-buying season with Downtown Mesquite’s Small Business Saturday shopping event on Saturday, November 30, 2024. Small Business Saturday coincides with the final Downtown Mesquite Farmer’s Market of the 2024 season, which will include gift items from local vendors. Visit Front Street Station, 100 West Front Street, from 9:00 a.m. to 1:00 p.m. 3. Ms. Rodriguez-Ross stated that this holiday season, the City of Mesquite will be hosting several festive, family-friendly events. On Tuesday, December 3, 2024, join the tree lighting with Christmas on the Square in Downtown Mesquite. Christmas in the Park will be held on Saturday, December 7, 2024, and Sunday, December 8, 2024, which will include hot cocoa, free pictures with Santa and fireworks both nights. Also, celebrate the season at the Mesquite Arts Center with “A Christmas Carol” presented by the Mesquite Arts Theatre and holiday programs by the local symphony and community band. Visit www.cityofmesquite.cojm/RealTexasHolidays for details about all of these events and more.
  18. 15 CITIZENS FORUM
  19. 15 Mayor Alemán recognized veterans in attendance at tonight's meeting. He also recognized Municipal Court Judge Detra Hill; Assistant City Attorney John Galvin; Senior Assistant City Attorney Cody McCullar; and City Marshal Mike Meek, who were in attendance at tonight's meeting.
  20. 16 1. Tyrone Phillips, 3600 Flintstone Drive, Plano, spoke regarding a three-year Rental Certificate of Occupancy Inspection Program. 2. Avery Salone, 3104 Castleman Way, expressed concerns regarding Public Improvement District (PID) taxes and fire coverage for his neighborhood.
  21. 17 CITIZENS COMMENTS
  22. 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.
  23. 19 CONSENT AGENDA
  24. 19 4. Mr. Boroughs announced that the City officially opened its first skatepark on Saturday, November 9, 2024. The Mesquite Skatepark at Westlake Sports Center is designed to welcome skateboarders of all skill levels. The Skatepark was one of the top features that residents asked for in the Parks and Recreation Master Plan. He thanked Director of Parks and Recreation Elizabeth Harrell and all of the dedicated Parks staff members for their hard work. He also expressed appreciation to the Mesquite 4B Quality of Life Corporation for their financial support of this project. Annual memberships and daily pass options are available for skatepark access. Learn more by visiting www.cityofmesquite.com/Skatepark. 5. Mr. Smith reminded citizens that all City of Mesquite offices and facilities will be closed on Thursday, November 28, 2024, for Thanksgiving Day. Trash and recycling will not be collected that day. The City will be closed again on Friday, November 29, 2024, for Thanksgiving Friday but Evens Recreation Center, 1116 Hillcrest Street, will be open from 2:00 p.m. to 6:00 p.m. Trash will be collected on Friday but recycling will not be collected. Also, with holiday meal preparation, he reminded everyone that it’s important to properly dispose of fats, oils and grease. To avoid expensive plumbing repairs and damage to the sewer system, please scrape cooled grease or fat into the trash or pour grease into a closed-lid container and dispose in the trash. Residents may recycle used cooking oil for free at the City of Mesquite Convenience Center, 3550 Lawson Road, which will be open on Friday, November 29, 2024. 6. Mr. Murden reminded citizens of the WARM (Weather Activated Relief for Mesquite) program, which is sponsored by Sharing Life Community Outreach, the Mesquite Ministerial Alliance and the City of Mesquite. The program provides temporary accommodations for unsheltered individuals during extreme weather conditions. Notifications are posted on the City’s social media channels when WARM is activated, or check Sharing.Life/WARM. Sharing Life accepts warm clothing and toiletry items as well as financial donations. Visit Sharing.Life/WARM for information or to donate. 7. Mayor Alemán announced that MVP Nutrition and Energy was recently named the Texas Downtown Business of the Year at the Texas Downtown President’s Awards Gala. This award is awarded to business owners who not only are successful but who also are active in promoting their City’s downtown area. MVP’s owner, Hector Vela, has been a wonderful volunteer and ambassador for the City and for Downtown Mesquite. He congratulated Hector for this accomplishment. Downtown Mesquite was a finalist for three other awards including a promotion award for the Solar Rodeo events, best public partner for the Mesquite Arts Center and best renovation for Heritage Plaza. He congratulated Downtown Development Manager Beverly Abell and the entire team for rising to the top in a very competitive field.
  25. 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.)
  26. 2 Minutes of the regular City Council meeting held November 4, 2024. 24-7449 Approved Pass
  27. 3 A resolution authorizing acceptance of the Fiscal Year 2024-2025 Homeland Security Grant Program and execution of the Sub-Recipient Agreements with the Office of the Governor, Texas Homeland Security - State Administrative Agency, for $30,000.00, designating the City Manager as the official representative of the City in connection with the grant and authorizing the City Manager to take all actions and execute all documents with the State of Texas Department of Homeland Security. 24-7442 Approved Pass
  28. 4 A resolution authorizing the City Manager to execute an Interlocal Agreement with the City of Forney for Forney to provide to Mesquite wholesale wastewater services so that Mesquite may provide wastewater service to a proposed 446-acre development located in Kaufman County inside the City of Mesquite’s Extraterritorial Jurisdiction (ETJ). 24-7453 Approved Pass
  29. 23 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  30. 5 Bid No. 2025-005 - Purchase of Twenty (20) Police Interceptors. (Staff recommends award to Sam Pack’s Five Star Ford, Ltd., through HGAC VE05-24 Contract, in an amount not to exceed $1,040,564.20.) 24-7446 Approved Pass
  31. 6 Bid No. 2025-028 - Purchase Two Jacobsen HR700 Wide Area Mowers. (Staff recommends award to Textron E-Z-GO, LLC, through BuyBoard Contract No.706-23, sponsored by the Texas Association of School Boards, in the amount of $190,222.56.) 24-7454 Approved Pass
  32. 7 RFP No. 2025-030 - Annual Medical Plan Reinsurance (Stop Loss). (Staff recommends award to VOYA Financial Advisors, Inc., through insurance broker, Stealth Partner Group, LLC, and to authorize the City Manager to finalize and execute any required documents for FY 2024-2025, to secure stop loss coverage for the City group medical healthcare plan in an amount not to exceed $970,752.00.) 24-7456 Approved Pass
  33. 8 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract, with Kimley-Horn and Associates, Inc., in connection with the Barnes Bridge Ground Storage Tanks Roof Rehabilitation - Construction Support Services, in the amount of $130,300.00. 24-7451 Approved Pass
  34. 9 To Bid No. 2023-034, authorize the City Manager to execute an Addendum to Pricing Proposal Quotation No. 25354670 for the purchase of a Managed Detection and Response Service for Rapid7 Cybersecurity, with SHI Government Solutions, through the Texas Department of Information Resources Contract No. DIR-TSO-4288, in an amount not to exceed $148,050.00. 24-7403 Approved Pass
  35. 10 Authorize the City Manager to execute a Contract of Sale between the City of Mesquite and Oncor Delivery Company LLC for the sale of 1.510 acres of City-owned land generally located at Gross Road and Windbell Circle for the fair market value purchase price of $230,209.00 and to execute such other documents necessary to close the transaction. 24-7463 Approved Pass
  36. 30 OTHER BUSINESS
  37. 11 Consider a resolution casting its vote for a member(s) of the Board of Directors of the Kaufman Central Appraisal District (KCAD). 24-7429 Approved Pass
  38. 12 Consider a resolution casting its vote for a member(s) of the Board of Directors of the Dallas Central Appraisal District (DCAD). 24-7447 Approved
  39. 33 ADJOURNMENT
  40. 33 END OF CONSENT AGENDA
  41. 34 NOTICE OF EXECUTIVE SESSION
  42. 35 Pending and Contemplated Litigation
  43. 36 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. 05-22-00220-CR, pending in the Court of Criminal Appeals, Cause No. PD-0756-23 – Filed 12-10-2021 5. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 6. Avery Fuentes v. City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 7. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 8. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668 – Filed 02-15-2024 9. Alexander Reyes Serrano v. City of Mesquite, Cause No. CC-24-05058A – Filed 07-10-2024 10. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024 11. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024 12. Austin and Benton v. Dillard Texas Central LLC, Brookfield Properties Retail, Inc. and Lijin John, Cause No. 3:23-cv-2525 - Filed 11-10-2023
  44. 37 Consultation with Attorney
  45. 38 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.
  46. 38 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  47. 39 page break
  48. 40 Personnel Matters
  49. 41 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.
  50. 42 Economic Development
  51. 43 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:
  52. 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.
  53. 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).
  54. 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.
  55. 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.
  56. 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.
  57. 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.
  58. 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.
  59. 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.