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City Council

October 7, 2024 ·5:15 PM Final

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

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Agenda — 60 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green and Elizabeth Rodriguez-Ross, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Brandon Murden.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:15 P.M.
  3. 3 AGENDA REVIEW
  4. 4 EXECUTIVE SESSION - TRAINING ROOMS A&B - 5:16 P.M.
  5. 4 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 amendment to an economic development agreement for a project at IH-20 and Lawson Road); whereupon, the City Council proceeded to meet in Training Rooms A&B. After the closed meeting ended at 5:47 p.m., the City Council reconvened in Open Session.
  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. 19 - Discuss an economic development project on Gus Thomasson Road near Oates Drive; Item No. 20 - Discuss an economic development 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 7:00 p.m., the City Council reconvened in Open Session.
  7. 6 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:07 P.M.
  8. 6 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:40 P.M.
  9. 7 INVOCATION
  10. 8 Jeff Pereira, Pastor, True Life Church, Mesquite, Texas.
  11. 9 PLEDGE OF ALLEGIANCE
  12. 10 Public Safety Officers in honor of Public Safety Appreciation Week.
  13. 11 SPECIAL ANNOUNCEMENTS
  14. 12 10. Mayor Alemán recognized City Manager Cliff Keheley to say a few words. Mr. Keheley stated that on Tuesday, May 28, 2024, our community experienced a devastating storm with hurricane force winds. Immediately, the City’s first responders were in action making sure everyone was safe. Fortunately, there were no deaths associated with this storm. The Public Works Department and Parks and Recreation Department crews began clearing the streets of storm debris that would impact traffic around the City. While some of our residents were without power for nearly a week, crews cleared the path for Oncor and other utility companies to make repairs. Afterward, City crews began cleaning up tree branches and downed trees throughout the City. There was more debris on the ground in one day than is collected in an entire year. City parks and the golf course had 100’s of trees damaged and several City facilities were impacted by the storm. While the City has plans for debris management, none of them accounted for the widespread damage or volume the City experienced this past Spring. In just over two months after the storm, City crews undertook a historic effort to clean up our community. Division Managers met weekly to develop and refine plans for collection of items. The work was not easy and it was a hot Summer. City crews worked long hours each day, on weekends and on holidays. They spent time away from their families and several delayed vacations to keep up with the effort. These employees were crucial parts of the teams who responded to the debris cleanup. They did it faster than most cities and did not stop until the job was done. Mr. Keheley recognized the following representatives from the Parks and Recreation Department – Supervisor Charley Rickett, Cele Alvarez and Eli Comacho; from the Equipment Services Division - Jonathan Harrison and Rojelio Flores; from the Residential Solid Waste Division – Timothy Fuller, Darrin Devrow, Bradley Cauble, Aaron Petty, Kyle Emling, Chevy Bell and Rocky King; from the Commercial Solid Waste Division – Charles Goodson and Brandon Arnold; from the Streets Division – Daven Butler; and from the Utilities Division – Joey Arriaga. Mr. Keheley, Mayor Alemán and Councilmembers shook hands with these dedicated employees and thanked them for the outstanding job they performed. Mayor Alemán thanked all residents for working with the City to bring debris to the curb and for their patience during this process.
  15. 13 Page Break
  16. 13 page break
  17. 14 CITIZENS FORUM
  18. 15 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. 15 1. Mr. Casper announced that the next Teen Turnout event will be held on Saturday, October 12, 2024, at 6:00 p.m., at Dunford Recreation Center, 1015 Green Canyon Drive. Teen Turnout is a free gathering that is part of a series of events designed for youth ages 12 to 17. Teens can enjoy music, games, open gym, video games, food, crafts and more with their friends. Registration is onsite. 2. Mr. Casper stated that the Parks and Recreation Department is now offering a Teen Membership for youth to relax and unwind at Dunford Recreation Center after a long school day. For $20.00 per year for residents and $30.00 for non-residents, young people will have access to the gym, weight room and a special teen activity room from after school until 9:00 p.m. on weekdays. 3. Mr. Green stated that the Mesquite Arts Theatre will present “Frankenstein” on stage at the Mesquite Arts Center, 1527 North Galloway Avenue, from Friday, October 11, 2024, through Sunday, November 3, 2024. In this familiar classic story, a Creature is brought to life by a troubled scientist named Victor Frankenstein. When Dr. Frankenstein abandons his Creature, it sets into motion a spiral of catastrophic events. The Mesquite Arts Theatre will delight and challenge patrons to reimagine the Frankenstein saga by presenting an adaption that tells the tale from the point of view of the Creature. Please note that this show is intended for mature audiences only. 4. Ms. Rodriguez-Ross reminded citizens that the City of Mesquite is celebrating Hispanic Heritage Month through Tuesday, October 15, 2024. Several special events and recognitions are planned. Opening today, the Mesquite Arts Center is hosting exhibitions by two Texas artists of Hispanic heritage – Juan Carlos Escobedo and Patricia Rodriguez. Mr. Escobedo’s work is on display in the Main Gallery. He used sustainable materials to create art that explores themes of race and socio-economic status. Ms. Rodriguez’s work will be shown in the Chamber Gallery and is inspired by the natural world and driven by color and movement. Both exhibitions will be on display through Saturday, December 21, 2024. 5. Mr. Boroughs encouraged citizens to attend PumpkinFest, on Saturday, October 19, 2024, from Noon to 5:00 p.m., at Paschall Park, 1001 New Market Road. Dress in your best costume and enjoy this annual family-friendly event. The community stage will feature music, dance performances and a magic show. Contests with prizes include the Costume Contest, Pumpkin Pie-Eating Contest and a Dog Costume Contest. Admission and parking are free. Some activities require a $10.00 wristband, and concessions will be available for purchase. 6. Mr. Boroughs invited citizens to a District 4 Neighborhood Meeting on Thursday, October 17, 2024, at Evans Recreation Center, 1116 Hillcrest Street. 7. Mr. Smith announced that tickets are now on sale for the Mesquite Meander, an unforgettable outdoor, theatrical living history tour through the Mesquite Cemetery, 400 Holley Park Drive. This annual experience presented by Historic Mesquite, Inc., features local actors portraying residents from the community’s past. Tickets are $15.00 per person. The Meander offers tours starting every 10 minutes that run about an hour. Tour times on Friday, October 11, 2024, start at 6:00 p.m., with the last tour starting at 7:30 p.m. On Saturday, October 12, 2024, tours will get started at 5:30 p.m. and the last tour will start at 7:00 p.m. To purchase tickets and for more information, visit www.historicmesquite.org. 8. Mr. Smith invited citizens to attend a District 5 Neighborhood Meeting on Saturday, October 12, 2024, at 10:00 a.m., at Rutherford Recreation Center, 900 Rutherford Drive. 9. Mayor Alemán thanked everyone who participated in the 20th Annual Addressing Mesquite Day event this past Saturday, October 5, 2024, and expressed appreciation to all volunteers and sponsors. More than 500 volunteers worked on 100-plus projects and more than $30,000.00 in sponsorships and in-kind donations from businesses were received. Addressing Mesquite Day gives help and hope to many in the community. We look forward to 20 more years and beyond of Addressing Mesquite Day.
  20. 16 CITIZENS COMMENTS
  21. 17 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. 18 CONSENT AGENDA
  23. 18 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  24. 19 (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.)
  25. 1 Minutes of the regular City Council meeting held September 16, 2024. 24-7369 Approved Pass
  26. 2 An ordinance regarding the City’s Texas Municipal Retirement System (TMRS) benefits authorizing: (1) Annually accruing updated service credits and transfer updated service credits and (2) An annuity increase, also referred to as cost of living adjustment (COLA), for retirees and their beneficiaries. 24-7376 Approved Pass
  27. 3 An ordinance adopting the 2024-25 Pay Plans for General Government Personnel with an effective date of October 1, 2024, and for Commissioned Police and Fire Personnel with an effective date of January 1, 2025. 24-7375 Approved Pass
  28. 4 An ordinance establishing the classifications and total number of authorized positions in each classification of the Mesquite Police Department as of October 1, 2024. 24-7374 Approved Pass
  29. 5 An ordinance establishing the classifications and total number of authorized positions in each classification of the Mesquite Fire Department as of October 1, 2024. 24-7373 Approved Pass
  30. 6 An ordinance amending Appendix D - Comprehensive Fee Schedule of the City Code by revising Article XV (Water and Sewer) for the purpose of updating the City’s water and sewer rates, effective November 1, 2024. 24-7382 Approved Pass
  31. 7 An ordinance approving and authorizing the issuance and sale of the City of Mesquite, Texas, Special Assessment Revenue Bonds, Series 2024 (Solterra Public Improvement District (PID) Improvement Area C-3 Project), approving and authorizing an Indenture of Trust, a Bond Purchase Agreement, Limited Offering Memorandum, a Continuing Disclosure Agreement, and other agreements and documents in connection therewith, making findings with respect to the issuance of such bonds, and providing an effective date. 24-7372 Approved Pass
  32. 8 A resolution expressing intent to reimburse expenditures from proceeds of future obligations. 24-7367 Approved Pass
  33. 9 A resolution approving a First Amendment to the Solterra Public Improvement District (PID) Reimbursement Agreement (Improvement Area C-3). 24-7386 Approved Pass
  34. 10 Bid No. 2024-148 - Purchase of the L3 TranSims CDL Driving Simulator. (Staff recommends award to Safeware, Inc., through Omnia Contract No. 4400008468, in an amount not to exceed $126,882.00.) 24-7366 Approved Pass
  35. 11 Authorize the City Manager to finalize and execute a Grant Agreement with the Texas Department of Transportation (TxDOT), Aviation Division, for participation in the Routine Airport Maintenance Program (RAMP) in the amount of $100,000.00. 24-7357 Approved Pass
  36. 12 Authorize the City Manager to finalize and execute a Reimbursement Grant Agreement with the Texas Department of Transportation (TxDOT), Aviation Division, for the replacement of the Mesquite Metro Airport’s Automated Weather Observation System, with a not to exceed amount of $166,666.66. 24-7358 Approved Pass
  37. 13 Authorize the City Manager to finalize and execute a Consent to Assignment of Ground Lease with Comanche Group, Inc., and L3KSL4, LLC. 24-7378 Approved Pass
  38. 14 Authorize the City Manager to finalize and execute a Grant Agreement and all necessary documents with the Texas Department of Transportation (TxDOT), Aviation Division, for the design of a taxi lane and apron area in the amount of $295,000.00. 24-7359 Approved Pass
  39. 34 PUBLIC HEARINGS
  40. 35 (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.)
  41. 15 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0824-0367, submitted by the City of Mesquite, for a zoning change to amend Planned Development - Industrial Ordinance No. 4785 to allow additional manufacturing and industrial uses in addition to other uses allowed in the Industrial Zoning District with modifications located at 20 East Trinity Pointe (284-acre industrial park generally located south of IH-20, southwest of FM 2932, and northwest of Griffin Lane), located at 12875, 12905, 12935, 12955, and 12995 FM 2932. (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.) 24-7370 Approved Pass
  42. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0624-0364, submitted by Jackson Walker LLP on behalf of FRHP Lincolnshire LLC., for a comprehensive plan amendment to change the future land use designation from the Gus Thomasson Special Planning Area to Commercial and for a zoning change from Commercial and North Gus Thomasson Corridor (NGTC) to Planned Development - Commercial with modified development standards to allow an outdoor display lot selling recreational vehicles and trailers in addition to other uses permitted in the Commercial Zoning District located at 4201 Gus Thomasson Road, 2713 IH 30, 2749 IH 30, and 2779 IH 30. (Two responses 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.) 24-7371 Approved Pass
  43. 17 Conduct a public hearing and consider a resolution approving a Second Amendment to TIRZ No. 12 Reimbursement Agreement, Repurchase Option Agreement and City Chapter 380 Incentive and Performance Agreement (Second Amendment) with IH 20 IP, LLC (Developer) and the Board of Directors of Reinvestment Zone No. 12, City of Mesquite, Texas (IH-20 Business Park) (TIRZ) regarding the developer’s construction of an approximately 210.026-acre Class A Industrial Park in the TIRZ located at 925 McKenzie Road, 3400 McKenzie Road, 2700 McKenzie Road, 4800 Lasater Road and 4900 Lasater Road, Mesquite, Texas, and the acquisition from the City and by the Developer of approximately 100.264 acres of land in the TIRZ and located at 925 McKenzie Road and 3400 McKenzie Road, Mesquite, Texas, and the granting to the Developer of certain TIRZ reimbursements and economic development incentives and authorizing the City Manager to finalize and execute the Second Amendment and take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the Second Amendment and administer the Second Amendment on behalf of the City. 24-7384 Approved Pass
  44. 38 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  45. 39 ADJOURNMENT
  46. 40 NOTICE OF EXECUTIVE SESSION
  47. 41 Pending and Contemplated Litigation
  48. 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. 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
  49. 43 Personnel Matters
  50. 44 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.
  51. 45 Economic Development
  52. 46 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:
  53. 50 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  54. 51 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).
  55. 52 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.
  56. 53 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.
  57. 54 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.
  58. 55 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.
  59. 56 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.
  60. 57 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.