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City Council

August 5, 2024 ·5:00 PM Final

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

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Agenda — 83 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Elizabeth Rodriguez-Ross.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Discuss the proposed budget for Fiscal Year 2024-25. 24-7315
  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 - 6:17 P.M.
  8. 7 Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Receive legal advice regarding enforcement of municipal ordinances against multifamily developments.); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 6:32 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  9. 8 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. 8 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:32 P.M.
  11. 9 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:09 P.M.
  12. 9 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. 26 – Discuss economic development incentives for a development located near the intersection of Markout Central Drive and County Road 202 in the City's Extraterritorial Jurisdiction.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 7:06 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  13. 10 INVOCATION
  14. 10 page break
  15. 11 Reginald Jefferson, Pastor, New Hope Baptist Church, Mesquite, Texas.
  16. 12 PLEDGE OF ALLEGIANCE
  17. 13 City Staff.
  18. 14 page break
  19. 15 SPECIAL RECOGNITION
  20. 2 Recognize Real. Texas. Service. Champions. 24-7280
  21. 17 SPECIAL ANNOUNCEMENTS
  22. 18 1. Mr. Casper announced that Mesquite students will return to school this month and the entire City Council wishes everyone a great school year. To keep everyone safe, we are asking drivers to pay extra attention in school zones and at crosswalks. This 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.” 2. Mr. Green congratulated the Parks and Recreation Department for another successful Epic Summer Experience. Hundreds of teens, ages 12 to 17, participated in these free events during the month of July. He thanked City staff and all community volunteers who helped with this effort. During the school year, the Parks and Recreation Department offers Teen Turnout and the next event will be held from 6:00 p.m. to 8:00 p.m., on Saturday, August 10, 2024, at Dunford Recreation Center, 1015 Green Canyon Drive. There will be music, games, open gym, food, crafts and more. Teen Turnout and Epic Summer Experience are part of the City’s Real. Texas. Teens. initiative to provide young people meaningful, fun-filled experiences that keep them positively engaged. 3. Mr. Boroughs stated that Summer is winding down but we can still help Mesquite kids during these last few weeks and give them a healthy start to the school year. We are asking residents and businesses to donate jars of jelly and nut butters or seed butters to the Spread the Love campaign through Labor Day. Many children rely on free or reduced lunches during the school year but don’t have access to these programs over the summer. The City partners with Sharing Life to distribute food collected through this program to provide nutritious food kids can make at home by themselves. Visit www.cityofmesquite.com/SpreadTheLove to see details and where to drop off items or you can donate financially online at sharing.life/donate.
  23. 19 CITIZENS FORUM
  24. 20 1. Monica Evans, 1758 Chandlers Landing, thanked Councilmember Brandon Murden and Police Chief David Gill for efforts made to decrease crime in her neighborhood and suggested implementation of a juvenile curfew and regulation of feral cats. 2. Mary Mitchell, 3412 Willow Glen Drive, expressed concerns regarding numerous accidents at the intersection at Town East Boulevard and Willow Glen Drive.
  25. 20 4. Mr. Smith stated that you can help make history come alive at Opal Lawrence Historical Park and Florence Ranch Homestead. Historic Mesquite, Inc., will host a Volunteer Open House next week for those interested in helping share history lessons and artifacts with visitors. One of the main roles for volunteers is to help with elementary school tours of both historical parks. The Volunteer Open House will be held at 10:00 a.m., on Wednesday, August 14, 2024, at Opal Lawrence Historical Park, 711 East Kearney Street. 5. Mr. Murden stated that the Mesquite Police Department has dedicated Public Safety Professionals certified by Safe Kids Worldwide who can help residents with the proper installation of child safety car seats. The team also can help with best practices for child passenger safety to help you ensure your kids are protected at every stage until they outgrow safety seats. To learn more or request a child safety seat inspection, call 972-216-6759 or visit www.cityofmesquite.com/ChildSafety. 6. Mayor Alemán thanked residents for their support and patience during the cleanup process after the May 28, 2024, storm. The City is in the final stretch of storm debris collection, as crews will be moving into the south part of the City this week. So far, crews have collected more than 11,000 tons of brush. To give you a visual, if that amount of brush was piled in a 10-foot-tall stack, it would take three and one-half football fields to contain it. Crews are on track to complete most storm pickups by Monday, August 12, 2024. After that time, Solid Waste will resume normal operations, which means bulk and brush pickups will take place on your normal collection day. Residents can find helpful tips to speed up the process and their bulk collection days at www.cityofmesquite.com/SolidWaste. The cleanup has been a massive effort and we greatly appreciate the dedication and hard work of our staff members from the Solid Waste, Parks and Recreation and Public Works Departments and the Golf Course. 7. Mayor Alemán congratulated all of the young readers who completed the Mayor’s 1,000 Page Reading Challenge this summer. A gathering was held this past Saturday, August 3, 2024, at the Library to celebrate. Of the 750-plus kids who participated in the Summer Reading Club, more than 230 kids read 1,000 pages or more. We are so proud of them! He thanked the Library staff and volunteers who made this program possible and expressed appreciation to the Friends of the Mesquite Public Library for their financial support. 8. Mayor Alemán recognized Mesquite Independent School District Board of Trustee Kevin Carbo who is in attendance at tonight’s meeting
  26. 21 CITIZENS COMMENTS
  27. 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.
  28. 23 CONSENT AGENDA
  29. 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.)
  30. 24 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  31. 3 Minutes of the regular City Council meeting held July 15, 2024. 24-7282 Approved Pass
  32. 4 A resolution authorizing the City Manager to excute an application to the U.S. Department of Energy for the Energy Efficiency and Conservation Block Grant (EECBG) Voucher Rebate Program for reimbursement in the sum of $182,880.00 for the purchase and installation of an electric vehicle charging station and the purchase of three electric vehicles and to take such other actions as may be necessary to obtain and administer the grant and ratifying the prior acts of the City Manager. 24-7292 Approved Pass
  33. 5 RFP 2024-096 - Purchase and Installation of Caging and Equipment for the Animal Shelter Expansion. (Authorize the City Manager to finalize and execute a contract with OTTO ENVIRONM INC. in the amount of $302,050.00.) 24-7271 Approved Pass
  34. 6 Bid No. 2024-118 - Annual Contract for Temporary Labor Services for Solid Waste and Streets. (Authorize the City Manager to finalize and execute a contract with A & Associates, Inc., in an amount not to exceed $400,000.00 annually, through an Interlocal Cooperative Purchasing Agreement with the City of Dallas. 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 the annual appropriation of sufficient funds.) 24-7275 Approved Pass
  35. 7 Bid No. 2024-142 - Annual Supply of Personal Computers. (Authorize the City Manager to finalize and execute a contract and any required documents with Dell Marketing L.P., through the Texas Department of Information Resources Contract No. DIR-TSO-3763, in an amount not to exceed $412,240.00.) 24-7273 Approved Pass
  36. 8 Bid No. 2024-144 - Rutherford Playground Replacement. (Authorize the City Manager to finalize and execute a contract and any required documents with Whirlix Design, Inc., for the purchase and installation of playground equipment, through BuyBoard Purchasing Cooperative Contract No. 679-22, in an amount not to exceed $286,266.00.) 24-7295 Approved Pass
  37. 9 Authorize the City Manager to execute an Interlocal Agreement for Mutual Aid for Fire Protection Services between the City of Rockwall and City of Mesquite. 24-7291 Approved Pass
  38. 10 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Binkley & Barfield, Inc., for design and construction documents in the amount of $256,300.00 for Utility Engineering for CSJ 0095-02-096 - U.S. Highway 80 at Beltline Road. 24-7283 Approved Pass
  39. 11 Authorize the City Manager to finalize and execute Change Order No. 4 to Bid No. 2022-067, Skyline Drive Paving and Drainage Reconstruction (Town East Boulevard to Peachtree Road) with McMahon Contracting, LP in the amount of $582,674.37. 24-7276 Approved Pass
  40. 12 Approve the Memorandum of Understanding (MOU) between Texas Emergency Management Assistance Teams (TEMAT) state agency and Texas Division of Emergency Management (TDEM) and the Mesquite Fire Department and authorize the Fire Chief to execute the MOU. 24-7293 Approved Pass
  41. 35 OTHER BUSINESS
  42. 35 END OF CONSENT AGENDA
  43. 13 Consider a leave of absence request by Councilmember B.W. Smith. 24-7296
  44. 37 PUBLIC HEARING AND CONSIDER PASSAGE OF THE FOLLOWING ORDINANCES AND ITEMS RELATING TO THE FISCAL YEAR 2024-25 BUDGET:
  45. 14 Conduct a public hearing to receive input from citizens regarding the proposed Fiscal Year 2024-25 budget. 24-7290
  46. 38 page break
  47. 15 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. 24-7302 Postponed Pass
  48. 16 An ordinance ratifying the property tax revenue increase reflected in the 2024-25 Fiscal Year budget for said period. 24-7303 Postponed Pass
  49. 17 Consider and act on a proposed ad valorem tax rate for Fiscal Year 2024-25 and call a public hearing for September 3, 2024, on the proposed Fiscal Year 2024-25 ad valorem tax rate. 24-7304 Approved Pass
  50. 42 page break
  51. 43 PUBLIC HEARINGS
  52. 44 (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.)
  53. 18 Conduct a public hearing and consider a resolution authorizing the City Manager to finalize and execute an agreement for the collection of delinquent taxes with Linebarger Goggan Blair & Sampson, LLP. (The proposed agreement has no financial impact on the City of Mesquite and the cost associated with the professional services is borne and paid from the penalty authorized by the applicable provisions of the Texas Property Tax Code.) 24-7298 Approved Pass
  54. 19 A. Conduct a public hearing to receive citizen input regarding the proposed 2024-2025 Community Development Block Grant Program (CDBG) budget and adopt the Annual Action Plan. B. Consider a resolution approving the Community Development Block Grant Program Year 2024-2025 Budget, authorizing the filing of an application for an amount not to exceed $1,055,228.00 for federal funds under the Housing and Community Development Act and designating the City Manager as Chief Executive Officer and authorized representative for the purpose of giving required assurances and acting in connection with said application. 24-7215 Approved Pass
  55. 46 page break
  56. 20 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0346, submitted by Maxwell Fisher of ZoneDev on behalf of Palladium USA International, Inc., for a change of zoning from General Retail to Planned Development - Multifamily Residential with modifications to the development standards to allow an age-restricted multifamily development, located at 2910 Motley Drive. (One response in favor and two 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. This item was postponed at the July 15, 2024, City Council meeting.) 24-7287 Approved Pass
  57. 21 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0324-0354, submitted by Naresh Patel, for a Comprehensive Plan amendment from Office to Light Industrial and a change of zoning from Planned Development - Light Commercial (Ordinance No. 2124) to Planned Development - Industrial to allow a flex office and warehouse development, located at 1202 Interstate Highway 30. (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. This item was postponed at the July 15, 2024, City Council meeting.) 24-7288 Approved Pass
  58. 22 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0424-0356, submitted by Rob Pennington of Kimley-Horn, for a change of zoning to amend Planned Development - Industrial (Ordinance No. 5057) to modify development standards and the concept plan, located at 2732, 2800 and 3200 East U.S. Highway 80. (No 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.) 24-7277 Approved Pass
  59. 23 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-01, thereby revising Appendix C - Zoning Ordinance, Parts 2 and 6, for the purpose of updating the City’s ordinances regarding revising and establishing regulations for residential care facilities. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) 24-7278 Approved Pass
  60. 24 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-03, thereby revising Appendix C - Zoning Ordinance, Parts 2, 3, and 6, for the purpose of updating the City’s ordinances regarding revising and establishing regulations for accessory electric vehicle charging stations. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) 24-7279 Postponed Pass
  61. 25 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.) 24-7281 Postponed Pass
  62. 53 ADJOURNMENT
  63. 54 NOTICE OF EXECUTIVE SESSION
  64. 54 page break
  65. 55 Pending and Contemplated Litigation
  66. 56 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 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
  67. 56 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  68. 57 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, filed in the 191st District Court, Dallas County, Texas, filed February 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, on March 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 July 10, 2024
  69. 58 Consultation with Attorney
  70. 59 Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to conduct a private consultation with its attorney related to pending or contemplated litigation, a settlement offer, and/or a matter in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas that conflicts with Texas Government Code Chapter 551. The following subjects may be discussed:
  71. 60 • Receive legal advice regarding enforcement of municipal ordinances against multifamily developments.
  72. 61 Personnel Matters
  73. 62 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.
  74. 63 Economic Development
  75. 64 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:
  76. 66 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  77. 67 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).
  78. 68 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.
  79. 69 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.
  80. 70 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.
  81. 71 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.
  82. 72 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.
  83. 73 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.