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City Council

November 4, 2024 ·5:45 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 61 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 - 5:45 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive presentation regarding the City of Mesquite’s legislative priorities. 24-7445
  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 - COUNCIL CONFERENCE ROOM - 6:42 P.M.
  8. 8 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. 19 - Discuss an economic development project on Gus Thomasson Road near Oates Drive); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:57 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  9. 9 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M.
  10. 10 INVOCATION
  11. 11 Deacon Bruno Perez, Vida Life Church, Mesquite, Texas.
  12. 12 PLEDGE OF ALLEGIANCE
  13. 13 Members of the Royal Rangers Youth Group, Vida Life Church, Mesquite, Texas.
  14. 14 SPECIAL ANNOUNCEMENTS
  15. 14 1. Mr. Casper announced two upcoming opportunities in November to enjoy the sounds of the Mesquite Symphony Orchestra, at the Mesquite Arts Center, 1527 North Galloway Avenue. On Saturday, November 9, 2024, music lovers of all ages will delight in “Peter and the Wolf” – a symphony geared toward children.
  16. 15 Then on Saturday, November 23, 2024, the Orchestra will present “Come Sunday,” which will include selections by multiple composers. For showtime and tickets, visit MesquiteSymphony.org. 2. Mr. Green encouraged citizens to get into the holiday spirit with two Holiday Wreath Making Workshops in November, hosted by Historic Mesquite, Inc., at Opal Lawrence Historical Park, 711 East Kearney Street. One session will be held on Saturday, November 16, 2024, from 1:00 p.m. to 3:00 p.m., and the other session will be held on Thursday, November 21, 2024, from 6:00 p.m. to 8:00 p.m. Tickets are $35.00 and admission includes a 14-inch grapevine wreath with an assortment of embellishments and fresh greenery to decorate the wreaths in your personal style. Pizza and light refreshments will be provided. 3. Ms. Rodriguez-Ross invited citizens to a Bilingual Q & A Town Hall Meeting on Tuesday, November 12, 2024, at 6:30 p.m., at City Hall, Training Rooms A & B, 757 North Galloway Avenue. The session will include information from Neighborhood Services, Police Department and Fire Department. The Town Hall Tuesday program was developed in 2016 to educate and engage citizens. Sessions are held every other month on various topics. Learn more and submit your questions in advance for the November 12th gathering at www.cityofmesquite.com/TownHallTuesdays. 4. Ms. Rodriguez-Ross stated that the City is looking for engaged citizens to volunteer their time, knowledge and expertise to serve on City boards or commissions. By serving on a board or commission, you can have an active voice, be involved in your community and advise the City Council and staff on a wide range of service areas. Annual appointments are selected in December, so apply soon. Visit www.cityofmesquite.com/Boards to learn more. 5. Mr. Boroughs stated that a Veterans Day event, hosted by the City of Mesquite, to celebrate the bravery and service of our military heroes will be held on Saturday, November 9, 2024, at 11:00 a.m., at the Mesquite Veterans Memorial, 425 South Galloway Avenue. The City partners with American Legion Post 504 and VFW Post 8785 to present this annual event. This year’s program will include remarks by various community leaders and military veterans, ceremonial activities, musical performances and more. All veterans and their families are invited to attend and be honored by the community. 6. Mr. Boroughs reminded citizens that tomorrow is Election Day and encouraged everyone to vote. 7. Mr. Smith announced that the Mesquite Police Department’s 2024 Santa Cop campaign is underway. Don’t miss the chance to make the upcoming holiday season a little brighter for Mesquite kids by donating new, unwrapped toys to this annual collection drive. Citizens and businesses can also help by making financial donations to the Santa Cop program. Santa Cop wraps up on Saturday, December 7, 2024, with a Toy Parade. Every year, hundreds of motorcycle riders join this parade. Pre-registration for riders ends on Saturday, November 30, 2024. All proceeds from parade entry fees benefit the Santa Cop program. He encouraged citizens to participate in some way with the Santa Cop program this year. It does a lot of good for our youngest residents who could use some Christmas cheer. 8. Mr. Murden stated that over the Thanksgiving break, kids in Kindergarten through 6th Grade can spend a day or all week at Turkey Camp. The fee is $20.00 per day for residents and $30.00 per day for non-residents. Highlights include playing games, creating holiday crafts and participating in fun activities. Turkey Camp will be held at Dunford Recreation Center, 1015 Green Canyon Drive, and Rutherford Recreation Center, 900 Rutherford Drive, from Monday, November 25, 2024, through Friday, November 29, 2024, except for Thanksgiving Day, Thursday, November 28, 2024. For kids who are looking for a little more adventure, try the one-day Turkey Camp at Rorie-Galloway Day Camp on Monday, November 25, 2024. The cost is $25.00 for residents and $35.00 for non-residents. Register online at www.cityofmesquite.com/HolidayCamps. 9. Mayor Alemán announced that the City of Mesquite’s first Skatepark will officially open this coming weekend. The public is invited to attend the grand opening of Mesquite Skatepark at Westlake Sports Center, 601 Gross Road, on Saturday, November 9, 2024, from 2:00 p.m. to 4:00 p.m. The Skatepark is designed to welcome skateboarders of all skill levels. The grand opening event will feature demonstrations by skateboard professionals associated with the Skatepark’s designer, American Ramp Company. Guests are encouraged to bring their skateboards to try out the new facility. Free hot dogs will be provided. 10. Mayor Alemán stated that congratulations are in order for our amazing Economic Development team, led by Kim Buttram. The team won the Texas Economic Development Council’s Community Economic Development Award. This award is related to the “secondary” benefits of the Canadian Solar project, which is a $280 million development that will ultimately add more than 1.5 million square feet and 1,500 new employees in the heart of Mesquite’s industrial district. Six years was spent pursuing Canadian Solar. The company is already having an incredible impact on our community and is a valued partner. Well done, Kim and the whole team!
  17. 16 CITIZENS FORUM
  18. 17 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 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  20. 18 CITIZENS COMMENTS
  21. 19 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.
  22. 20 CONSENT AGENDA
  23. 21 (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 October 21, 2024. 24-7432 Approved Pass
  25. 3 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 Saturday, January 18, 2025, for the City of Mesquite Martin Luther King, Jr., Parade. 24-7434 Approved Pass
  26. 4 A resolution authorizing the City Manager to finalize and execute an Interlocal Agreement with the North Central Texas Council of Governments (NCTCOG) for the period from October 1, 2024, to September 30, 2029, thereby authorizing the City of Mesquite’s participation in the Regional Storm Water Management Program and approving the City’s Fiscal Year 2025 cost share amount in the program not to exceed $7,100.00. 24-7440 Approved Pass
  27. 5 A resolution adopting the 2025 Legislative Program for the City of Mesquite, Texas, and directing the City Manager or his designee to act with regard to the City’s Legislative Program. 24-7444 Approved Pass
  28. 6 RFP No. 2024-124 - Annual Group Dental Insurance. (Authorize the City Manager to finalize and execute a master application with CIGNA effective January 1, 2025. 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.) 24-7353 Approved Pass
  29. 7 Bid No. 2024-163 - Barnes Bridge Ground Storage Tanks Rehabilitation. (Authorize the City Manager to finalize and execute a contract with DN Tanks, LLC, in the amount of $838,800.00.) 24-7436 Approved Pass
  30. 8 Bid No. 2025-007 - Annual Supply of Body Armor. (Staff recommends purchase from Nardis, Inc., through BuyBoard Contract No. 698-23, in an amount not to exceed $150,000.00. The term of the contract is for a one-year period, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) 24-7394 Approved Pass
  31. 9 Bid No. 2025-011 - Purchase of One 1500 GPM Pumper Truck. (Staff recommends purchase from Siddons-Martin Emergency Group, LLC., through BuyBoard Contract No. 746-24, in the amount of $893,457.00.) 24-7412 Approved Pass
  32. 10 Bid No. 2025-012 - Purchase of One 107-Foot, Rear Mount Aerial Ladder Truck. (Staff recommends purchase from Siddons-Martin Emergency Group, LLC., through BuyBoard Contract No. 746-24, in the amount of $1,669,590.00.) 24-7422 Approved Pass
  33. 11 Authorize the City Manager to finalize and execute Amendment No. 1 to RFP No. 2023-136, Annual Emergency Generator Preventative Maintenance and Repair, with Clifford Power Systems, Inc., through The International Purchasing System (TIPS) Contract No. 221004, in a not-to-exceed amount of $219,162.30, and terminating on May 31, 2026, subject to the annual appropriation of sufficient funds. 24-7405 Approved Pass
  34. 31 CONSENT AGENDA ITEM(S) CONSIDERED SEPARATELY
  35. 12 Authorize the City Manager to finalize and execute an Interlocal Cooperative Agreement with Kaufman County for the construction of signals at FM 741 and Heartland Parkway with Kaufman County being responsible for all construction costs in an amount not to exceed $377,316.00. 24-7441 Approved Pass
  36. 13 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Halff Associates, Inc. for the preliminary design of the Lawson Road Reconstruction Project, in the amount of $1,679,600.00. 24-7443 Approved Pass
  37. 33 END OF CONSENT AGENDA
  38. 14 Approve Amendment No. 1 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 $170,000.00. 24-7428 Approved Pass
  39. 15 Receive the July 2024 Semiannual Report for impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. 24-7430 Approved Pass
  40. 36 PUBLIC HEARINGS
  41. 37 (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 an ordinance for Zoning Application No. Z1024-0370 submitted by Brent Bordovsky on behalf of Marc Miller, Super Star Car Wash, for a change of zoning to amend Planned Development (PD) - General Retail (GR) Ordinance No. 4984, to modify the development standards to allow a concrete masonry unit (CMU) block screening wall in lieu of a precast screening wall located at 1415 South Belt Line Road. (One response in favor and one 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.) 24-7431 Approved Pass
  43. 38 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  44. 17 Conduct a public hearing and consider a resolution consenting to the assignment by Beltline Beltway Investments, LTD., a Texas limited partnership (“Assignor”), to CH Realty X-LI I DFW Interchange 80, L.P., a Delaware limited partnership (“Assignee”), of Assignor’s interest in that certain Economic Development Program Agreement (Chapter 380 Agreement) dated effective April 24, 2023, relating to the development of an industrial building located at the northeast corner of IH-635 and U.S. Hwy. 80 in Mesquite, and authorizing the City Manager to execute all documents necessary in connection therewith. 24-7433 Approved Pass
  45. 40 ADJOURNMENT
  46. 41 NOTICE OF EXECUTIVE SESSION
  47. 42 Pending and Contemplated Litigation
  48. 43 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
  49. 44 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, 191st District Court, Dallas County, Texas – Filed 02-15-2024; removed to the U.S. District Court for the Northern District of Texas, Dallas Division, Civil Action No. 3:24-cv-00740-D – Filed 03-28-2024 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
  50. 45 Personnel Matters
  51. 46 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.
  52. 47 Economic Development
  53. 48 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:
  54. 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.
  55. 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).
  56. 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.
  57. 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.
  58. 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.
  59. 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.
  60. 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.
  61. 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.