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City Council

September 3, 2024 ·5:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 63 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember B.W. Smith.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Tour of the new Field Services Building, departing City Hall at 5:00 p.m. The City Council will depart and return to City Hall and visit the following location. The public may attend the tour by meeting at the following location or utilizing the limited seating on the van or bus departing from City Hall. (a) Arriving on or after 5:05 p.m. - Field Services Building, Mesquite Service Center, 1101 East Main Street, Mesquite, Texas 75149 24-7340
  6. 2 Receive briefing regarding annual investment activity and proposed changes to the City's Investment Policy. 24-7349
  7. 3 Discuss the proposed budget for Fiscal Year 2024-25. 24-7348
  8. 8 (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.)
  9. 9 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 7:30 P.M.
  10. 10 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
  11. 11 page break
  12. 12 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  13. 13 INVOCATION
  14. 14 Joe Chiles, Pastor, Trinity Life Church, Mesquite, Texas.
  15. 14 1. Mr. Casper stated that the Mesquite Animal Shelter and Adoption Center is participating in the national Clear the Shelters campaign. On Saturday, September 7, 2024, from 10:30 a.m. to 5:30 p.m., the Animal Shelter will waive all fees for a special one-day adoption event.
  16. 15 PLEDGE OF ALLEGIANCE
  17. 16 City Staff.
  18. 16 page break
  19. 17 SPECIAL ANNOUNCEMENTS
  20. 18 Animals available for adoption are sterilized, vaccinated and microchipped. If you are unable to adopt a pet, you can still participate with financial contributions or donation of items. 2. Mr. Green invited citizens to attend a special Town Hall Tuesday Meeting on September 24, 2024, at 6:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. That evening, representatives from the Dallas County Tax Office and Dallas Central Appraisal District will be presenting “Property Tax 101.” They will explain the property tax system, how property values are assessed, the steps involved in the appraisal appeal process and key property tax deadlines. 3. Ms. Rodriguez-Ross reminded residents that pet adoptions at the Mesquite Animal Shelter and Adoption Center are $10.00 until Saturday, September 6, 2024. 4. Ms. Rodriguez-Ross stated that the City is offering a new event this year to celebrate Hispanic Heritage Month. On Saturday, September 21, 2024, from 10:00 a.m. to 2:00 p.m., the Parks and Recreation Department will host Vida Sana: Hispanic Heritage Health Fair, at Florence Recreation Center, 2501 Whitson Way. This free event is part of the City’s “Get Fit Mesquite” program, which encourages residents to practice health and wellness physically, mentally and financially. The Vida Sana health fair will feature bilingual health-focused vendors, demonstrations including clean cooking, and lots of fun crafts and activities for kids. Attendees will receive a free bag and t-shirt, while supplies last. 5. Mr. Boroughs invited citizens to attend a special Patriot Day event at Mesquite Freedom Park, on the north lawn of the Mesquite Arts Center, 1527 North Galloway Avenue, on Wednesday, September 11, 2024, at 8:30 a.m. Those who lost their lives in the 2001 terrorist attacks will be honored during this event. The Mesquite Police and Fire Honor Guards will participate along with the Mesquite Fire Department Pipes and Drum Corps. The event will feature performances by students from Mesquite High School and Florence Black Elementary School. For those who don’t know, Mesquite Freedom Park features an actual piece of steel from one of the original Twin Towers that was destroyed on September 11, 2001, in New York City. 6. Mr. Murden invited citizens to enjoy an evening of family fun at “Movies in the Park” on Saturday, September 14, 2024, featuring the movie “Trolls Band Together.” Admission is free and will be held at Rorie-Galloway Day Camp, 3100 Lawson Road, from 7:00 p.m. to 10:00 p.m. Attendees are encouraged to bring lawn chairs and blankets and enjoy free outdoor games and face painting before the movie begins. Food from DonutNV and Fera’s Grill will be available for purchase and the Boy Scouts of America will be selling popcorn. 7. Mr. Murden invited citizens to attend a District 6 Neighborhood Meeting on Wednesday, September 18, 2024, at 7:00 p.m., at Horn High School, 3300 East Cartwright Road. 8. Mayor Alemán stated that the City has several special events and recognitions planned for Hispanic Heritage Month. In addition to the Vida Sana: Hispanic Heritage Health Fair, the City will be hosting Loteria Nights at a local restaurant, spotlighting Hispanic vendors at the Downtown Farmers Market, displaying the work of Hispanic artists at the Mesquite Arts Center and offering cultural performances and artwork shops at the Mesquite Public Library branches. You can learn more at www.cityofmesquite.com/HHM and on the City’s social media channels. 9. Mayor Alemán stated that a few weeks ago, the Mesquite Convention and Visitors Bureau team won four awards at the Texas Association of Convention and Visitor Bureaus Annual Meeting in Austin. The team earned two First Place awards – one for Best Leisure Tourism Marketing Campaign and another for Best Public Relations Campaign. These awards were for their work promoting the Solar Rodeo events that the City hosted in April 2024. They also earned Second Place for Best Video, Storytelling or Podcast Series and Third Place for Best Website Design and Effectiveness. Congratulations to the “Visit Mesquite” team on a job well done. 10. Mayor Alemán stated that yesterday was Mr. Green’s birthday and everyone wished him a Happy Birthday.
  21. 19 CITIZENS FORUM
  22. 20 Andrew Holman, 1013 Rupard Drive, expressed concerns regarding school traffic near Agnew Middle School.
  23. 20 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  24. 21 CITIZENS COMMENTS
  25. 22 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.
  26. 23 CONSENT AGENDA
  27. 24 (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.)
  28. 4 Minutes of the regular City Council meeting held August 19, 2024. 24-7339 Approved Pass
  29. 5 An ordinance on the second and final reading, approving a negotiated settlement between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division regarding the company’s 2024 Rate Review Mechanism filing, declaring existing rates to be unreasonable, adopting tariffs that reflect rate adjustments consistent with the negotiated settlement, finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest, approving an attachment establishing a benchmark for pensions and retiree medical benefits, requiring the company to reimburse ACSC’s reasonable ratemaking expenses, determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act, adopting a savings clause, declaring an effective date and requiring delivery of this ordinance to the company and the ACSC’s legal counsel. 24-7335 Approved Pass
  30. 6 Bid No. 2024-158 - Lease Agreement for Quadient DS95I Document Inserter, Web Tracking System Subscription, Bulk Mailer Software and Drop Tray. (Authorize the City Manager to finalize and execute a lease agreement with Quadient, Inc., through TxSmartBuy Contract No. 985-C1, in an amount not to exceed $142,824.00. The term of the lease is for 48 months with a monthly lease amount of $2,975.50 and an annual amount of $35,706.00, subject to annual appropriation of sufficient funds.) 24-7336 Approved Pass
  31. 7 Authorize the City Manager to finalize and execute Supplemental Agreement No. 6 to the Interlocal Agreement with STAR Transit to provide public transportation services in the estimated amount of $572,815.00 for Fiscal Year 2025. 24-7267 Approved Pass
  32. 8 Authorize the City Manager to finalize and execute Amendment No. 3 to the Interlocal Agreement with the Dallas County Hospital District dba Parkland Health and Hospital System for BioTel/EMS System Social Work and Emergency Medical Technician (EMT)/Paramedic Support for the Southeast Alliance Community Care Team for a total amount not to exceed $538,144.24, and renewing the agreement through September 30, 2025, subject to annual appropriation of funds. 24-7268 Approved Pass
  33. 29 END OF CONSENT AGENDA
  34. 9 Authorize the City Manager to finalize and execute Change Order No. 2 to RFP No. 2024-019, City Lake Aquatic Center Renovation: Site Amenities, with PBS Construction LLC, in the amount of $30,475.00. 24-7285 Approved Pass
  35. 10 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2024-101, Wiser Road Reconstruction, with CCGMG, LLC Series B, in the amount of $78,446.00. 24-7342 Approved Pass
  36. 32 page break
  37. 11 Approve Amendment No. 5 to the 2023-24 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 $75,000.00. 24-7337 Approved Pass
  38. 34 PUBLIC HEARING AND CONSIDER PASSAGE OF THE FOLLOWING ORDINANCES RELATING TO THE FISCAL YEAR 2024-25 BUDGET:
  39. 12 An ordinance providing funds for the 2024-25 Fiscal Year by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the general and other revenues of the City for said fiscal year for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said budget. (This item was postponed at the August 5, 2024, City Council meeting.) 24-7318 Approved
  40. 13 An ordinance ratifying the property tax revenue increase reflected in the 2024-25 Fiscal Year budget for said period. (This item was postponed at the August 5, 2024, City Council meeting.) 24-7308 Approved
  41. 36 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. 16 – Discuss economic development incentives for a project at Cartwright Road and Faithon P. Lucas, Sr., Boulevard.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:10 p.m., the City Council reconvened in Open Session. No executive action was necessary
  42. 14 A. Conduct a public hearing regarding the proposed Fiscal Year 2024-25 ad valorem tax rate of $0.690000 per $100 assessed valuation. B. An ordinance levying the ad valorem taxes for tax year 2024 (Fiscal Year 2024-25) at a rate of $0.690000 per $100.00 assessed valuation. 24-7309 Approved
  43. 37 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:10 P.M.
  44. 15 An ordinance determining the population of the City of Mesquite, Texas, to be 155,382 as of October 1, 2024. 24-7338 Approved
  45. 38 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 (Review of City Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:15 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  46. 39 ADJOURNMENT
  47. 40 NOTICE OF EXECUTIVE SESSION
  48. 40 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  49. 41 Pending and Contemplated Litigation
  50. 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
  51. 43 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. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 04-11-2023 5. 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 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023 7. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 8. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 9. Avery Fuentes v. City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 10. Bethany Hall and Antonio Holmes v. City of Mesquite, et al.; Case No. DC-24-00034 – Filed 01-02-2024 11. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 12. 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 13. Keiarra Tolbert v. City of Mesquite, Cause No. DC-24-07173 – Filed 05-15-2024 14. Alexander Reyes Serrano v. City of Mesquite, Cause No. CC-24-05058A – Filed 07-10-2024 15. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024 16. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024
  52. 44 Personnel Matters
  53. 45 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. • Review of City Manager
  54. 46 Economic Development
  55. 47 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. 49 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. 50 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. 51 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. 52 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. 53 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. 54 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. 55 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. 56 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.