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City Council

October 21, 2024 ·5:00 PM Final

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

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Agenda — 65 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 - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive Behavioral Health Division Update. 24-7377
  6. 2 Receive update regarding the use of the American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Funds, expenditures and impact. 24-7396
  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 - 9:57 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 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M.
  11. 11 INVOCATION
  12. 12 Chad Flowers, Pastor, Emmanuel Pentecostal Church, Mesquite, Texas.
  13. 13 Page Break
  14. 13 1. Mr. Casper invited citizens to attend the Mesquite Arts Theatre’s adaption of “Frankenstein” on stage through Sunday, November 3, 2024, at the Mesquite Arts Center, 1527 North Galloway Avenue. See the story from the point of view of Dr. Frankenstein’s Creature after he is brought to life and then abandoned. The Creature encounters some kindness but is mainly treated with prejudice and fear wherever he goes. This sets in motion a spiral of tragic events. Please note that this show is intended for mature audiences only. 2. Mr. Green stated that the weather is perfect for a visit to the Downtown Mesquite Farmer’s Market. Shop for locally grown produce, baked goods, bath and body products and much more. The Farmer’s Market is held every Saturday, from 9:00 a.m. to 1:00 p.m., through the end of November at Front Street Station, 100 West Front Street. 3. Mr. Green invited citizens to attend a District 2 Neighborhood Meeting, on Saturday, November 2, 2024, at 10:00 a.m., at Florence Recreation Center, 2501 Whitson Way.
  15. 14 PLEDGE OF ALLEGIANCE
  16. 15 City Staff.
  17. 15 page break
  18. 16 SPECIAL ANNOUNCEMENTS
  19. 17 4. Ms. Rodriguez-Ross encouraged citizens to celebrate Hispanic culture and heritage with the Mesquite Arts Council’s 8th Annual Dia de los Muertos Celebration, on Saturday, October 26, 2024, from 3:00 p.m. to 6:00 p.m., inside the building and on the grounds of the Mesquite Arts Center, 1527 North Galloway Avenue. This free, family-friendly Day of the Dead event will include cultural arts workshops, music, dancing, theatrical performances, foot trucks, vendors and more. 5. Mr. Boroughs announced that the Fall Book Sale, benefitting the Mesquite Public Library System, will be held on Friday, October 25, 2024, and Saturday, October 26, 2024, at the Mesquite Main Library, 300 West Grubb Drive. The twice annual sale is hosted by the Friends of the Mesquite Public Library. You can find gently used books, movies and more. Proceeds from the sale pays for programs, artwork and much more for Library patrons. 6. Mr. Smith invited citizens to participate in Mesquite Recycles Day, hosted by Keep Mesquite Beautiful, Inc., on Saturday, November 2, 2024, from 8:00 a.m. to Noon, at Poteet High School, 3300 Poteet Drive. This community event offers an opportunity to recycle various items from cell phones and computers to toys, clothes, household items and more. Document shredding will also be available onsite. There are some items that will not be accepted for recycling, including household hazardous waste so check the City’s website at www.cityofmesquite.com/MesquiteRecyclesDay for more information. 7. Mr. Murden stated that music lovers have two upcoming opportunities to enjoy the sounds of the Mesquite Symphony Orchestra. On Saturday, October 26, 2024, at 7:00 p.m., at the Mesquite Arts Center, 1527 North Galloway Avenue, the Mesquite Symphony Orchestra will perform “Fantastic Symphony” by Berlioz, a revolutionary piece of music that tells the story of a gifted but self-destructive artist. Then on Saturday, November 9, 2024, at 3:00 p.m., the Orchestra will perform “Peter and the Wolf” by Prokofiev. A narrator tells this tale for children with the orchestra using different instrument sounds to portray each character. 8. Mayor Alemán stated that the City’s Spread the Love campaign was a huge success this year. This campaign is so important because it helps feed Mesquite kids over the Summer by collecting jars of nut and seed butters and jelly. This year, Spread the Love brought in 282 percent more donations. Residents, businesses and local organizations donated 3,912 pounds of jars, which is enough to make more than 25,000 sandwiches. He stated that we truly appreciate our long-standing partnership with Sharing Life Community Outreach to distribute this food to our residents and thanked everyone who contributed. 9. Mayor Alemán reminded everyone that proper trash disposal is important for an attractive and healthy community. The City had a special situation this Summer with the massive clean up after the Tuesday, May 28, 2024, storm that disrupted regular procedures, so now it’s time to get back to the basics. As a reminder, all trash must be in plastic bags and placed in an authorized container. Please remember that loose trash placed in the container is not allowed. Also, be sure you are putting your trash out at the right time for your designated pick up. You can find out about all these things and more at www.cityofmesquite.com/TrashBasics. He thanked the citizens for helping to keep Mesquite clean and safe. 10. Mayor Alemán announced that the Community Room at the new Dallas County Mesquite Government Center has been named after our very own City Manager Cliff Keheley. Cliff was presented with a Resolution from the Dallas County Commissioners Court last Monday, October 14, 2024, put forth by District 3 Commissioner John Wiley Price. The Cliff Keheley Community Room will officially open to the public on Friday, November 15, 2024, as part of the ribbon cutting ceremony for the new government center. Mayor Alemán expressed appreciation to Cliff for his servant-leadership and all that he has done for the City of Mesquite.
  20. 18 CITIZENS FORUM
  21. 19 1. Lakolya London, 1104 Buckeye Drive, expressed concerns regarding racism in her neighborhood. 2. Paul Walker, 2101 Crawford Dr., expressed support for improvements to Lawson Road.
  22. 19 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  23. 20 CITIZENS COMMENTS
  24. 21 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.
  25. 22 CONSENT AGENDA
  26. 23 (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.)
  27. 3 Minutes of the regular City Council meeting held October 7, 2024. 24-7411 Approved Pass
  28. 4 A resolution endorsing and accepting the 2024-2025 Comprehensive Safety Grant (the “Grant”) for the Selective Traffic Enforcement Program (the “STEP Program”), authorizing the filing of the application for the Grant, approving the contribution of City funds in the amount of $10,713.99, 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 Texas Department of Transportation (TxDOT) in connection with such Grant and STEP Program. 24-7399 Approved Pass
  29. 5 A resolution authorizing the City Manager to execute Amendment No. 2 to the Dallas Area Household Hazardous Waste Network Interlocal Agreement with Dallas County for Fiscal Year 2024-25 in an amount not to exceed $129,448.00. 24-7402 Approved Pass
  30. 6 Bid No. 2024-126 - Mesquite to Crandall Water Line Connector. (Authorize the City Manager to finalize and execute a contract with BRCT, LLC, dba Black Rock Construction, in the amount of $5,137,596.00.) 24-7406 Approved Pass
  31. 7 Bid No. 2024-149 - Paving and Utility Improvements for Lorraine, Candise, Ivy, Mt. Vernon, Fernwood, Monticello, and Stoney Glen Neighborhoods. (Authorize the City Manager to finalize and execute a contract with low bidder ANA Site Construction, LLC, in the amount of $9,991,724.00.) 24-7401 Approved Pass
  32. 28 CONSENT AGENDA ITEM(S) CONSIDERED SEPARATELY
  33. 8 Bid No. 2025-002 - Purchase of One Velocity Pumper Truck and One Enforcer Pumper Truck. (Staff recommends award to Siddons Martin Emergency Group, LLC., through BuyBoard Purchasing Cooperative Contract No. 651-21, in the amount of $1,803,915.00.) 24-7387 Approved Pass
  34. 9 Authorize the City Manager to finalize and execute Change Order Nos. 4, 5, and 6 to Bid No. 2023-057, Utility Relocation for IH-635 at US Highway 80 Interchange, with BRCT, LLC dba Black Rock Construction for additional services required in the total amount of $190,933.46. 24-7379 Approved Pass
  35. 30 END OF CONSENT AGENDA
  36. 10 Authorize the City Manager to finalize and execute a Supplemental Agreement (Phase II) to RFP No. 2023-137, Construction Manager-at-Risk (CMaR) Services for the Construction of New Fire Station No. 8, with Crossland Construction Company, Inc., to establish the Guaranteed Maximum Price (GMP) of $13,042,264.00 24-7407 Approved Pass
  37. 11 Approve Amendment No. 1 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 $315,000.00. 24-7400 Approved Pass
  38. 33 PUBLIC HEARINGS
  39. 34 (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. Z0824-0368, submitted by Jonathan Kerby with Kimley-Horn and Associates, Inc., on behalf of NADG 10 Heartland LP and Candr LLC., for a change of zoning from Agricultural and Planned Development - General Retail Ordinance No. 5048 to Planned Development - General Retail with modified development standards to allow a restaurant and retail development located south of IH-20 and west of FM 741 (0, 6611 and 6619 FM 741, Kaufman Tax Property ID Numbers 9680, 9686, 9687, and 182255). (No responses in favor or 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.) 24-7389 Approved Pass
  41. 13 Conduct a public hearing and consider an ordinance approving a variance reducing the separation requirement from 300 feet to zero (0) feet between a winery, Thoughtful Wine, and Larry G. Smith Elementary School, a Dallas Independent School serving children grades Pre-K through 5th Grade, located at 5299 Gus Thomasson Road, to allow the winery to sell wine for retail distribution and delivery to off-premises locations and events, located at 4811 Motley Drive. (No responses in favor or two in opposition to the application have been received from property owners within the statutory notification area.) 24-7393 Denied Pass
  42. 14 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0724-0365, submitted by Jim Dewey with JDJR Engineers & Consultants, Inc., on behalf of 20100 LBJ Freeway, LLC., for a change of zoning from Planned Development - Light Commercial Ordinance No. 2649 to Planned Development - Light Commercial with modified development standards to allow a new and used vehicle dealership with outdoor display and auto repair services located at 20100 and 20104 IH-635. (One response in favor and four 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.) 24-7390 Denied Pass
  43. 15 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0824-0366, submitted by Bohler Engineering TX, LLC, on behalf of Bhadresh Trivedi with Dosti Mesquite, LLC., for a change of zoning from Agricultural to Planned Development - Commercial to allow a flex office development with an outdoor storage yard in addition to other uses permitted in the Commercial Zoning District located at 5801 Shannon Road (southwest corner of Shannon Road and IH-20 service road). (One response 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 with certain stipulations.) 24-7391 Denied Pass
  44. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1123-0338, submitted by Jason Shaw with Serenity Senior Living II, LLC., for a comprehensive plan amendment to change the future land use designation from Low Density Residential to Medium Density Residential and for a change of zoning from Agricultural to Planned Development - Townhomes with modified planned development standards to allow an age-restricted townhome development with an assisted living facility located at 2795 Clay Mathis Road. (One response in favor and four 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.) 24-7392
  45. 17 Conduct a public hearing and consider a resolution approving the terms 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 a First Amendment to TIRZ No. 14 Reimbursement Agreement and Economic Development Program Chapter 380 Agreement for such purposes with 42 Alcott, LP (the “Developer”) and the Board of Directors of Reinvestment Zone No. 14, City of Mesquite, Texas (“Alcott Station”), regarding: (I) The Developer’s construction of a Class A industrial building located at 3301 East Glen Boulevard and 3300 East Glen Boulevard, Mesquite, Texas (collectively the “Property”), (II) The acquisition from the City and by the Developer of approximately 1.72 acres of land currently dividing the Property and (III) The granting to Developer 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 First Amendment to the agreement and administer the First Amendment on behalf of the City. 24-7385 Approved Pass
  46. 40 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 economic development incentives for a project on Military Parkway; and Item No. 20 - Discuss an economic development redevelopment project on Main Street near Broad Street); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 10:33 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  47. 18 Conduct a public hearing and consider a resolution approving the termination of an Economic Development Program Chapter 380 Agreement between the City, Elements Sleep, LLC, and Style-Line Furn., Inc., dated effective February 2, 2021, and approving the terms and conditions of a new Economic Development Program Chapter 380 Agreement between the City and Elements Sleep, LLC, to promote economic development and incentivize Elements Sleep, LLC, to continue manufacturing boxed mattresses at an industrial building located at 1475 Republic Parkway, in the City of Mesquite, and authorizing the City Manager to finalize and execute the agreement and administer it on behalf of the City. 24-7408 Approved Pass
  48. 42 ADJOURNMENT
  49. 42 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  50. 43 NOTICE OF EXECUTIVE SESSION
  51. 44 Pending and Contemplated Litigation
  52. 45 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
  53. 46 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. Bethany Hall and Antonio Holmes v. City of Mesquite, et al.; Case No. DC-24-00034 – Filed 01-02-2024 8. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 9. 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 10. Keiarra Tolbert v. City of Mesquite, Cause No. DC-24-07173 – Filed 05-15-2024 11. Alexander Reyes Serrano v. City of Mesquite, Cause No. CC-24-05058A – Filed 07-10-2024 12. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024 13. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024
  54. 47 Personnel Matters
  55. 48 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.
  56. 49 Economic Development
  57. 50 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:
  58. 53 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  59. 54 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).
  60. 55 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.
  61. 56 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.
  62. 57 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.
  63. 58 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.
  64. 59 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.
  65. 60 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.