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City Council

July 15, 2024 ·5:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 60 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive departmental strategy and budget presentations from the Housing and Community Services, Economic Development, Solid Waste and Library Departments related to City Council strategic goals and objectives. 24-7257
  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 - 5:00 P.M.
  8. 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
  9. 9 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:04 P.M.
  10. 10 INVOCATION
  11. 11 Jamie Starrett, Pastor, Lakepointe Church, Mesquite, Texas.
  12. 12 PLEDGE OF ALLEGIANCE
  13. 12 1. Mr. Casper stated that the deadline is fast approaching to apply to be part of Project LEAD. This program is co-hosted by the City of Mesquite and Mesquite Independent School District (MISD) and is designed for residents who are interested in learning about leadership. Those selected to participate will commit to attending four sessions. One of Project LEAD’s goals is to equip participants to serve on boards, commissions and organizations within the City and MISD as well as to develop future elected officials. Interested citizens can apply now through this Friday, July 19, 2024. To apply and learn more, please visit www.cityofmesquite.com/ProjectLead.
  14. 13 Members of Mesquite Metro AMBUCS.
  15. 14 SPECIAL ANNOUNCEMENTS
  16. 15 2. Mr. Green thanked residents who recently provided input for the annual budget development process. Those survey results are important as City leadership moves forward with budget decisions for the next fiscal year. A Town Hall Meeting will be held on Tuesday, July 16, 2024, from 6:30 p.m. to 7:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. The meeting will feature details about City programs and services as well as a question and answer session regarding the budget. 3. Ms. Rodriguez-Ross invited citizens to the Annual Monarch Fest, presented by Keep Mesquite Beautiful, Inc. (KMB), on Saturday, July 20, 2024. This free, family friendly festival will be held at the Mesquite Arts Center, 1527 North Galloway Avenue, from 10:00 a.m. to 3:00 p.m. Monarch Fest will include a vendor market, concessions and food trucks, live entertainment, several demonstrations and face painting, and arts and crafts for kids. There will also be three contests: homemade cookie, homemade salsa and butterfly costume. And don’t miss the chance to see KMB’s new mascot. 4. Mr. Boroughs thanked the Police and Fire Departments for helping residents safely celebrate the July 4th holiday. Both departments conducted specialized patrols to monitor illegal fireworks usage and DWI concerns. Extra personnel were dispatched to areas with high call volume in previous years. Police Officers responded to 177 calls for service for firework reports and 40 calls for sounds of gunfire. More than 104 pounds of fireworks were confiscated and 10 handguns and four rifles were seized. Officers made nine DWI arrests. Also, the Police Department fireworks hotline received 295 calls. This helped to reduce the number of calls going to the 9-1-1 communications center and kept phone lines open for emergency calls. The Fire Department had one call for a grass fire related to fireworks and two calls related to firework explosions that did not cause fires. No injuries were reported due to fireworks or gunfire. He thanked the Police Department, Fire Department and Call Center personnel for making it a safe and enjoyable holiday. 5. Mr. Smith stated that the Mesquite Police Department (MPD) wants to partner with residents to solve crimes. Many properties in the City currently operate private surveillance systems. The MPD is asking residents and businesses to register their surveillance cameras to assist in investigations. In the event that a crime occurs near their property, those who have registered through this program will receive an email notifying them and requesting access to video footage for investigative purposes. This allows officers to more quickly identify suspects and other pertinent information to solve crimes. The Police Department will not have direct access to residents’ surveillance system. Footage will be requested in the event of an incident. To register your surveillance cameras, visit www.cityofmesquite.com/CommunityPolicing and click on “Community Video Cameras Partnership.” 6. Mr. Smith stated that Pastors Shaun and Marian Rabb invite citizens and their children to attend a Back-to-School Rally on Saturday, July 20, 2024, at New Light Church, 1300 South Beltline Road, from 9:00 a.m. to 12:00 p.m. Free backpacks and school supplies will be distributed. There will also be food, games and prizes. Free immunizations and health screenings will also be offered. 7. Mr. Smith expressed appreciation to the City of Mesquite Dispatcher and Paramedics who responded to a recent 911 call regarding his friend who was having a stroke. He thanked them for their quick response and knowledge that helped save his friend’s life. 8. Mr. Murden announced that July is National Park and Recreation Month and the Mesquite Parks and Recreation Department has a lot of fun events for all ages planned. Special events include a pop-up event for pets and people on Saturday, July 20, 2024. A free doggie playdate will be held from 9:00 a.m. to 11:00 a.m. at the Leash Free Zone at Copeland Park, 2250 Creek Crossing Road. This family friendly event will include free puppuccinos for dogs while supplies last. The Leash Free Zone has a dedicated area for dogs 30 pounds and under as well as another area for dogs of all sizes. 9. Mayor Alemán stated that the support and patience of all residents is truly appreciated during the cleanup process after the May 28, 2024, storm. City crews have completed the first sweep. The second sweep started Saturday and will go north to south to collect both storm debris and bulk items. As of last week, crews had collected more than 8,500 tons of storm debris in the past seven weeks. That’s more than the City usually collects in an entire summer. It has been a massive effort, and their dedication and hard work are greatly appreciated. Residents can help speed up the process by separating bulk trash and other materials from the brush, making sure vehicles are not blocking brush piles, monitoring brush piles so that they do not block the street and by remembering you can take vegetative debris and bulk items to the City’s Convenience Center, 3550 Lawson Road. 10. Mayor Alemán stated that the first Epic Summer Experience was held this past Tuesday night with almost 100 teenagers present. The Epic Summer Experience provides youth ages 12 – 17 with an opportunity to have fun and enjoy free activities and food with their friends in a safe environment. This event takes place every Tuesday night in July from 6:00 p.m. to 8:00 p.m. The next gathering will be at Vanston Middle School, 3230 Karla Drive, on July 16, 2024, then at Terry Middle School, 2351 Edwards Church Drive, on July 23, 2024, and back at Vanston Middle School on July 30, 2024. He recognized Director of Parks and Recreation Elizabeth Harrell for her dedication to this program. 11. Mayor Alemán stated that two weeks ago, a citizen was mowing his lawn and collapsed. A Mesquite Police Officer happened to be patrolling in the area and saw him lying on the lawn. The officer immediately began rendering aid and was able to revive him. He stated that this is an example of the type of Police Officers we are fortunate to have in Mesquite. 12. Mayor Alemán expressed appreciation to the Mesquite Police Department, along with the Dallas FBI, for recently solving a 10-year old aggravated sexual assault case.
  17. 16 CITIZENS FORUM
  18. 17 1. David Campos, 3902 Towne Crossing Boulevard, spoke regarding the mental health crisis in communities. 2. Monica Evans, 1758 Chandlers Landing, thanked Councilmember Brandon Murden and Police Chief David Gill for resolving issues in her neighborhood. 3. Debbie David, Horseshoe Bend, suggested various improvements in the community and thanked Assistant City Manager Raymond Rivas and Solid Waste employees Tim Fuller and Ronald Aldridge for helping to resolve a recent issue. 4. Jason Hernandez, 1033 Burnet Drive, expressed appreciation for courtesy notifications being sent to residents regarding zoning cases. 5. Lupe Valdez, 1754 Chandlers Landing, expressed concerns regarding issues at Brandy Station Park.
  19. 17 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  20. 18 CITIZENS COMMENTS
  21. 19 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. 20 CONSENT AGENDA
  23. 21 (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.)
  24. 2 Minutes of the regular City Council meeting held July 1, 2024. 24-7261 Approved Pass
  25. 3 A resolution authorizing the City Manager to finalize and execute an Agreement with the State of Texas through the Texas Department of Transportation (TxDOT) for the furnishing of traffic signal equipment by a municipality at the intersection of US Highway 80 at Belt Line Road and providing for a maximum reimbursement by the State to the City in the sum of $48,760.00. 24-7252 Approved Pass
  26. 4 RFP No. 2024-024 - Annual Billing Services for False Alarms. (Authorize the City Manager to execute a contract with CentralSquare Technologies, LLC, utilizing the CryWolf False Alarm Management Solution, for a revenue share percentage of 14 percent of total alarm revenue. The term of the contract is for a one-year period, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) 24-7232 Approved Pass
  27. 5 RFP No. 2024-127 - Westlake Skate Park: Site Improvements. (Authorize the City Manager to finalize and execute a contract with PBS Construction, LLC, in the amount of $297,737.14.) 24-7265 Approved Pass
  28. 25 END OF CONSENT AGENDA
  29. 6 Bid No. 2024-130 - Purchase of 8240FF 75 P-Tier Excavator with Bucket for Streets Division. (Staff recommends award to RDO Equipment Company, through Sourcewell Contract No. 011723-JDC, in an amount not to exceed $109,505.80.) 24-7264 Approved Pass
  30. 7 Authorize the City Manager to finalize and execute Change Order Nos. 1 and 2 to Bid No. 2023-040, Construction Manager-at-Risk Services for the Construction of the Mesquite Animal Shelter and Adoption Center Addition, with Falkenberg Construction Company, Inc., for additional services required in the total amount of $249,643.44. 24-7270 Approved Pass
  31. 8 Ratification for the total expenditure of $1,340,652.00, without competitive bidding, for the emergency repair and replacement of the sewer trunk line that serves Peachtree Plaza and authorizing payment to North Texas Contracting, Inc. for such repairs. 24-7266 Approved Pass
  32. 29 CONSIDERATION OF RESOLUTION
  33. 9 Consider a resolution approving the Mesquite Quality of Life Corporation budget for Fiscal Year 2024-25. 24-7253 Approved Pass
  34. 31 PUBLIC HEARINGS
  35. 32 (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.)
  36. 10 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2024-25 budget. 24-7255
  37. 11 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Chapter 380 Agreement for such purposes by and between the City of Mesquite and Hithium Tech USA, Inc., and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and administer the agreement on behalf of the City. 24-7011 Approved Pass
  38. 12 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Chapter 380 Agreement for such purposes by and between the City of Mesquite and United Parcel Service, Inc., (UPS) for building improvements and equipment upgrades to the industrial facility located at 4200 Samuell Boulevard, in the City of Mesquite, Texas, and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and administer the agreement on behalf of the City. 24-7254 Approved Pass
  39. 13 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute and Economic Development Program Chapter 380 Agreement for such purposes by and between the City of Mesquite and Palladium Bruton Road, Ltd., for the construction of an approximately 288-unit affordable multifamily rental housing complex to be located at 2255 West Bruton Road in Mesquite, Texas, and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and administer the agreement on behalf of the City. 24-7272 Approved Pass
  40. 36 page break
  41. 14 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 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.) 24-7259 Postponed Pass
  42. 15 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.) 24-7263 Postponed Pass
  43. 38 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  44. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0424-0358, submitted by Majed Khalaf, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a towing company with primary outdoor storage, located at 2425 Edinburgh Street. (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.) 24-7262 Approved Pass
  45. 40 ADJOURNMENT
  46. 41 NOTICE OF EXECUTIVE SESSION
  47. 42 Pending and Contemplated Litigation
  48. 43 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:
  49. 44 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
  50. 45 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, 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. Koby Matthew Brooks and City of Mesquite, Cause No. DC-24-07173, Filed 05/15/2024
  51. 46 Personnel Matters
  52. 47 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.
  53. 48 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. 49 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. 50 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. 51 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. 52 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. 53 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. 54 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. 55 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.