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City Council

August 19, 2024 ·6:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 74 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: Councilmembers B.W. Smith.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 6:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:47 P.M.
  5. 5 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
  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. 24 – Discuss an update to economic development incentives for a project at IH-20 and Lawson Road; Item No. 25 – Discuss an update to economic development incentives for a project at Scyene Road and Faithon P. Lucas, Sr., Boulevard.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 7:16 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  7. 6 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:17 P.M.
  8. 7 INVOCATION
  9. 7 Councilmember Jeff Casper left the meeting.
  10. 8 Morris Jackson, Pastor, Word of Life Church, Mesquite, Texas.
  11. 9 PLEDGE OF ALLEGIANCE
  12. 10 City Staff.
  13. 11 SPECIAL ANNOUNCEMENTS
  14. 12 2. Mr. Boroughs stated that Mesquite water customers can get the most value from every drop of water by using a service the City offers called WaterSmart. This free online program provides tools for residents to manage water use. You can access utility data on an hourly, monthly or daily basis to view water use compared to similar-sized homes. You can also get customized recommendations for how to save water and money. WaterSmart also has a “leak alert” feature that will notify you in real-time about potential leaks at your home. Find out more at www.cityofmesquite.com/WaterSmart. 3. Ms. Rodriguez-Ross stated that school is back in session and drivers are urged to pay extra attention in school zones and at crosswalks. That means no texting while driving, no cellphone usage in crosswalks, watch for children when driving near schools, stop for school buses, and please “Drive Like Your Family Lives Here.” Visit www.DriveLikeYourFamilyLivesHere.com to learn more about the City’s safe-driving campaign. 4. Mr. Green encouraged residents and businesses to continue donating jelly and nut butters or seed butters to the Spread the Love campaign through Labor Day. The City partners with Sharing Life to distribute food collected through this program to provide nutritious food that kids can make at home by themselves. See www.cityofmesquite.com/SpreadTheLove to see details and where to drop off items. Financial donations can be made online at sharing.life/donate. 5. Mr. Casper stated that the Mesquite Animal Shelter and Adoption Center is once again participating in the national Clear the Shelters campaign that promotes pet adoption and donations. On Saturday, September 7, 2024, from 1:00 p.m. to 5:30 p.m., the Animal Shelter will host a special one-day adoption event – waiving all fees. Animals available for adoption are sterilized, vaccinated and microchipped. Also, the Animal Shelter is reducing pet adoption fees to $10.00 throughout August for all available animals. If you can’t adopt a pet, you can still participate with financial contributions or donation of items. Visit www.cityofmesquite.com/AnimalServices to find out how to donate and to see available pets in the shelter. 6. Mayor Alemán announced that the Solid Waste crews have completed debris collection from the May 28, 2024, storm. During this process, more than 11,800 tons of brush was collected. It was a historic storm and the cleanup effort has been unprecedented. The support and patience of all residents is very appreciated. The regular trash collection schedule has resumed, which means bulk and brush pickups will take place on your normal collection days. Residents can find helpful tips about how to properly separate debris as well as bulk collection days at www.cityofmesquite.com/SolidWaste. He expressed appreciation to City staff in the Solid Waste Division, Parks and Recreation Department, Golf Course and Public Works Department for their dedication during this time. 7. Mayor Alemán stated that there has been some buzz about positive West Nile cases in Mesquite and Dallas County. There have been fewer than 10 human cases in Dallas County, with only one case in Mesquite. That’s pretty low for a city with a population of 154,000, that means that the Health Department has been doing a great job of keeping residents safe during the very active mosquito season we have experienced this year by spraying affected areas when positive West Nile reports are received. You can find out more about the West Nile virus and mosquito prevention at www.cityofmesquite.com/MosquitoControl. You can also see an interactive map that tells you when and where the City has sprayed. 8. Mayor Alemán reminded residents to check on their elderly neighbors during this time of extreme heat in our area.
  15. 12 page break
  16. 13 page break
  17. 14 CITIZENS FORUM
  18. 14 1. Mr. Murden announced that Keep Mesquite Beautiful (KMB), Inc., will hold the 2nd Annual Butterfly Ball on Saturday, September 7, 2024, at the Mesquite Convention Center, 1750 Rodeo Drive. The VIP reception will be held at 6:00 p.m., followed by dinner at 7:00 p.m. The theme for this year’s fundraising gala is “The Butterfly Effect” and will celebrate KMB’s 36th Anniversary. Come enjoy dinner, drinks, live music, dancing, a silent auction and more. All proceeds from the gala will go toward the beautification and education of the Mesquite community. 2. Mr. Boroughs stated that Mesquite water customers can get the most value from every drop of water by using a service the City offers called WaterSmart. This free online program provides tools for residents to manage water use. You can access utility data on an hourly, monthly or daily basis to view water use compared to similar-sized homes. You can also get customized recommendations for how to save water and money. WaterSmart also has a “leak alert” feature that will notify you in real-time about potential leaks at your home. Find out more at www.cityofmesquite.com/WaterSmart. 3. Ms. Rodriguez-Ross stated that school is back in session and drivers are urged to pay extra attention in school zones and at crosswalks. That means no texting while driving, no cellphone usage in crosswalks, watch for children when driving near schools, stop for school buses, and please “Drive Like Your Family Lives Here.” Visit www.DriveLikeYourFamilyLivesHere.com to learn more about the City’s safe-driving campaign. 4. Mr. Green encouraged residents and businesses to continue donating jelly and nut butters or seed butters to the Spread the Love campaign through Labor Day. The City partners with Sharing Life to distribute food collected through this program to provide nutritious food that kids can make at home by themselves. See www.cityofmesquite.com/SpreadTheLove to see details and where to drop off items. Financial donations can be made online at sharing.life/donate. 5. Mr. Casper stated that the Mesquite Animal Shelter and Adoption Center is once again participating in the national Clear the Shelters campaign that promotes pet adoption and donations. On Saturday, September 7, 2024, from 1:00 p.m. to 5:30 p.m., the Animal Shelter will host a special one-day adoption event – waiving all fees. Animals available for adoption are sterilized, vaccinated and microchipped. Also, the Animal Shelter is reducing pet adoption fees to $10.00 throughout August for all available animals. If you can’t adopt a pet, you can still participate with financial contributions or donation of items. Visit www.cityofmesquite.com/AnimalServices to find out how to donate and to see available pets in the shelter. 6. Mayor Alemán announced that the Solid Waste crews have completed debris collection from the May 28, 2024, storm. During this process, more than 11,800 tons of brush was collected. It was a historic storm and the cleanup effort has been unprecedented. The support and patience of all residents is very appreciated. The regular trash collection schedule has resumed, which means bulk and brush pickups will take place on your normal collection days. Residents can find helpful tips about how to properly separate debris as well as bulk collection days at www.cityofmesquite.com/SolidWaste. He expressed appreciation to City staff in the Solid Waste Division, Parks and Recreation Department, Golf Course and Public Works Department for their dedication during this time. 7. Mayor Alemán stated that there has been some buzz about positive West Nile cases in Mesquite and Dallas County. There have been fewer than 10 human cases in Dallas County, with only one case in Mesquite. That’s pretty low for a city with a population of 154,000, that means that the Health Department has been doing a great job of keeping residents safe during the very active mosquito season we have experienced this year by spraying affected areas when positive West Nile reports are received. You can find out more about the West Nile virus and mosquito prevention at www.cityofmesquite.com/MosquitoControl. You can also see an interactive map that tells you when and where the City has sprayed.
  19. 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.
  20. 15 8. Mayor Alemán reminded residents to check on their elderly neighbors during this time of extreme heat in our area.
  21. 16 CITIZENS COMMENTS
  22. 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.
  23. 18 APPOINTMENTS FOR PERSONAL APPEARANCE
  24. 1 Appointment - Representatives of Hilltop Securities, Inc. (Representatives of Hilltop Securities, Inc., will review the 2024 issuance and sale of bonds.) 24-7331
  25. 2 An ordinance providing for the issuance of City of Mesquite, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2024, in the approximate aggregate principal amount of $37,350,000; levying a tax in payment thereof; prescribing the form of said certificates and awarding the sale thereof; authorizing the execution and delivery of a paying agent/registrar agreement; approving the official statement; and enacting provisions incident and relating to the subject and purposes of said ordinance. 24-7204 Approved Pass
  26. 3 An ordinance of the City of Mesquite, Texas, authorizing the issuance of City of Mesquite, Texas, Waterworks and Sewer System Revenue Bonds, Series 2024, in the approximate principal amount of $17,750,000; approving an official statement; awarding the sale thereof; making provisions for the security thereof; authorizing the execution and delivery of a paying agent agreement; providing an effective date; approving and enacting other provisions relating thereto. 24-7329 Approved Pass
  27. 4 An ordinance of the City of Mesquite, Texas, authorizing the issuance and sale of City of Mesquite, Texas, General Obligation Bonds, Series 2024, in the approximate aggregate principal amount of $16,500,000; levying a tax in payment thereof; prescribing the form of said bonds; awarding the sale thereof; authorizing a paying agent agreement; approving the official statement; and enacting other provisions relating thereto. 24-7330 Approved Pass
  28. 22 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  29. 23 CONSENT AGENDA
  30. 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.)
  31. 5 Minutes of the regular City Council meeting held August 5, 2024. 24-7319
  32. 6 An ordinance amending Chapter 2 of the City Code to update the political contribution limitations based on the changes to the Consumer Price Index. 24-7333 Approved Pass
  33. 7 An ordinance, on first 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 tariff’s 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. 24-7334 Approved Pass
  34. 8 An ordinance approving an update of the Service and Assessment Plan and Assessment Roll for Phase No. 1 Improvements, Phase No. 2 Improvements, Phase No. 2 Major Improvements and Phase No. 2 Specific Improvements for the Heartland Town Center Public Improvement District (the “District”), making and adopting findings, accepting and approving the Fiscal Year 2024-2025 Annual Service Plan Update and updated Assessment Roll for the District and requiring compliance with Chapter 372, Texas Local Government Code, as amended. 24-7235 Approved Pass
  35. 9 An ordinance approving an update of the Service and Assessment Plan and Assessment Roll for authorized improvements for the Iron Horse Public Improvement District (the “District”), making and adopting findings, accepting and approving the 2024 Annual Service Plan Update and Updated Assessment Roll for the District and requiring compliance with Chapter 372, Texas Local Government Code, as amended. 24-7236 Approved Pass
  36. 10 An ordinance approving an update of the Service and Assessment Plan and Assessment Roll for Phase No. 1 Improvements and Phase Nos. 2-6 Major Improvements for the Polo Ridge Public Improvement District No. 2 (the “District”), making and adopting findings, accepting and approving the Fiscal Year 2024-2025 Annual Service Plan Update and updated Assessment Roll for the District and requiring compliance with Chapter 372, Texas Local Government Code, as amended. 24-7237 Approved Pass
  37. 11 An ordinance approving an update of the Service and Assessment Plan and Assessment Roll for authorized improvements in Improvement Area A-1, C-1, C-2, and C-3 in the Solterra Public Improvement District (the “District”); making and adopting findings, accepting, and approving the 2024 Annual Service Plan Update and Updated Assessment Roll for the District and requiring compliance with Chapter 372, Texas Local Government Code, as amended. 24-7227 Approved Pass
  38. 12 Bid No. 2020-060 - Mesquite Independent School District Interlocal Cooperative Purchasing Agreement - Annual Fiber Optic Cabling Repair and Maintenance. (Staff recommends ratification of a change order for payment of services rendered by Future Infrastructure, LLC, for fiber locates and repairs in the amount of $172,286.20.) 24-7326 Approved Pass
  39. 13 Bid No. 2024-151 - Mesquite Independent School District Interlocal Cooperative Purchasing Agreement (Bid No. 2020-060) - Annual Fiber Optic Cabling Repair and Maintenance. (Authorize the City Manager to finalize and execute a contract with Future Infrastructure, LLC, for fiber locates and repairs in an amount not to exceed $250,000.00.) 24-7300 Approved Pass
  40. 14 Bid No. 2024-016 - Roadway Maintenance for Oates Drive. (Authorize the City Manager to finalize and execute a contract with Texas Materials Group, Inc., in the amount of $1,470,629.95.) 24-7320 Approved Pass
  41. 15 Bid No. 2024-134 - Annual Supply of Neptune Mach 10 V5 Electronic Water Meters. (Staff recommends award to sole source provider Core & Main, LP in an amount not to exceed $546,817.98.) 24-7314 Approved Pass
  42. 16 Bid No. 2024-143 - Mesquite Golf Course: Parking Lot Lighting. (Authorize the City Manager to finalize and execute a contract and any required documents with Voss Electric Company, dba Voss Lighting, for the purchase and installation of LED parking lot lights, through Omnia Purchasing Cooperative Contract No. 02-83, in an amount of $132,390.00.) 24-7301 Approved Pass
  43. 17 Bid No. 2024-153 - Purchase of 8-Yard Rear Loader for Solid Waste. (Staff recommends award to Rush Truck Centers of Texas, L.P., through BuyBoard Contract No. 723-23, in an amount not to exceed $155,318.40.) 24-7312 Approved Pass
  44. 18 Bid No. 2024-155 - Repair of Jet Cleaning Vactor Truck. (Staff recommends ratification of the total expenditure of $151,327.04, without competitive bidding, for emergency repairs and authorizing payment to Kinloch Equipment & Supply, Inc.) 24-7322 Approved Pass
  45. 38 CONSENT AGENDA ITEM(S) CONSIDERED SEPARATELY
  46. 19 Authorize the City Manager to finalize and execute a Professional Services Contract with McCoy Collaborative Preservation Architecture, PLLC, for design and construction documents and construction administration in an amount not to exceed $500,000.00 for restoration of the Opal Lawrence Historic House, located at 701 East Kearney Street. 24-7313 Approved Pass
  47. 20 Ratification of the total expenditure of $289,553.00, without competitive bidding, for the emergency repair sewer line that serves East Cartwright Road and authorizing payment to North Texas Contracting, Inc. for such repairs. 24-7321 Approved Pass
  48. 40 END OF CONSENT AGENDA
  49. 41 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
  50. 21 Consider appointment of one Regular Member (Position No. 2) to the Building Standards Board for a term to expire December 31, 2024. 24-7305 Approved Pass
  51. 43 OTHER BUSINESS
  52. 22 Consider an application to allow fee in lieu of or waiver of park land dedication for the Town East Trails Mesquite senior living apartments, located at 3625 Poteet Drive. 24-7306 Approved Pass
  53. 45 PUBLIC HEARINGS
  54. 46 (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.)
  55. 23 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-04, thereby revising Appendix C - Zoning Ordinance, Parts 3 and 6, for the purpose of updating the City’s ordinances regarding revising and establishing regulations for drone delivery services. (The Planning and Zoning Commission recommends approval of the zoning text amendment. This item was postponed at the August 5, 2024, City Council meeting.) 24-7325
  56. 47 Mayor Alemán recognized Jeff Armstrong, Director of Planning and Development Services, and his wife Judy. Tonight is Jeff's last City Council meeting with the City of Mesquite. Jeff has been with the City for 17 years and is leaving his position for a new opportunity with another City.
  57. 48 ADJOURNMENT
  58. 49 NOTICE OF EXECUTIVE SESSION
  59. 49 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  60. 50 Pending and Contemplated Litigation
  61. 51 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. 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
  62. 52 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 – Filed 08-06-2024
  63. 53 Personnel Matters
  64. 54 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.
  65. 55 Economic Development
  66. 56 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:
  67. 59 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  68. 60 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).
  69. 61 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.
  70. 62 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.
  71. 63 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.
  72. 64 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.
  73. 65 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.
  74. 66 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.