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City Council

July 1, 2024 ·5:00 PM Final

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

Agenda — 60 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Jeff Casper.
  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 Information Technology, Planning and Development Services, Parks and Recreation, and Communications and Marketing Departments related to City Council strategic goals and objectives. 24-7256
  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 - 8:27 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 - 7:11 P.M.
  10. 10 INVOCATION
  11. 11 Chaplain Bruce Buswell, American Legion Post #504, Mesquite, Texas.
  12. 12 PLEDGE OF ALLEGIANCE
  13. 12 1. Mr. Green stated that it’s not too late to join the Mesquite Mayor 1,000 Page Reading Challenge. All Mesquite kids ages 12 and under are invited to participate in the Summer Reading Club and 1,000 Page Challenge, which runs through Wednesday, July 31, 2024. Kids who read 1,000 pages or more will be invited to a party on Saturday, August 3, 2024, to enjoy pizza and prizes. There are also prizes along the way. Even very young children can participate in the challenge as kids can read the pages independently or have the pages read to them. Register your kids in person at either Library branch or by visiting MesquiteLibrary.ReadSquared.com. He thanked the Library staff, volunteers and members of the Friends of the Mesquite Public Library for supporting the Summer Reading Club and other programs for all ages throughout the year.
  14. 13 Members of the American Legion Post #504.
  15. 14 SPECIAL ANNOUNCEMENTS
  16. 15 2. Ms. Rodriguez-Ross stated that as a part of the Get Fit Mesquite program, which focuses on physical, mental and financial fitness, the City will offer a class designed for first-time homebuyers on Thursday, July 11, 2024. The session will be from Noon to 1:00 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. Come learn about home-buying eligibility requirements, the application process and the benefits of different grant programs. Jennifer Salazar with Fairway Independent Mortgage and Sara Rodriguez, Grant Coordinator with the City of Mesquite, will facilitate the class. 3. Ms. Rodriguez-Ross announced that Keep Mesquite Beautiful’s (KMB) second annual Monarch Fest will be held on Saturday, July 20, 2024. This free community festival will be from 10:00 a.m. to 3:00 p.m., at the Mesquite Arts Center, 1527 North Galloway Avenue. 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 opportunity to see KMB’s new mascot. Ms. Rodriguez-Ross stated that she will be judging the homemade salsa contest and encouraged citizens to attend. 4. Mr. Boroughs announced that all City offices will be closed on Thursday, July 4, 2024, and Friday, July 5, 2024, for the Independence Day holiday. The Mesquite Metro Airport and the Compost Facility and Convenience Center will remain open. Commercial and Residential trash WILL BE collected both days. Recycling WILL NOT be collected on July 4th but WILL BE collected on July 5th. As you plan to celebrate Independence Day, please remember to celebrate safely. It is illegal to possess and use fireworks in Mesquite, as is discharging firearms into the air. Penalties for breaking these laws can be very costly. You can report illegal fireworks and gunfire activity by calling the Mesquite Police Department’s hotline at 972-204-4888. You can also report fireworks violations by emailing fireworks@mesquitepolice.org. The Mesquite Police Department and Mesquite Fire Department will have extra patrols to respond to increased calls. We wish you all a happy and safe July 4th weekend. 5. Mr. Smith announced that the City is seeking citizen input in the annual budget development process. Feedback will be collected until Tuesday, July 9, 2024, and then will be made available to City leadership as we make budget decisions for the next fiscal year. The Budget Priorities Citizens Survey is available in English and Spanish, and it takes about 15 minutes to complete. Find the surveys and a video that explains the budgeting process by visiting www.cityofmesquite.com/BudgetSurvey2024 6. Mr. Smith invited citizens to attend the next Town Hall Tuesday meeting on 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, regarding the City budget. 7. Mr. Murden stated that July is National Parks and Recreation Month and the Mesquite Parks and Recreation Department has a lot of fun events for all ages planned. Special events include two pop-up events. The first will be on Friday, July 12, 2024, from 4:00 p.m. to 6:00 p.m., at the Spray Zone at Clay Mathis Park, 2181 Clay Mathis Road. This night of family fun will include outdoor games and free popsicles. The next pop-up event will be on Saturday, July 20, 2024, from 9:00 a.m. to 11:00 a.m., at the Leash Free Zone at Copeland Park, 2250 Creek Crossing Road. Bring your dogs for a free, family friendly playdate. For information on all events during National Parks and Recreation Month, visit www.cityofmesquite.com/July. 8. Mayor Alemán provided an update on the City’s progress with the cleanup efforts after the historic storm on Tuesday, May 29, 2024. He thanked all residents for their patience during this process. As of a few days ago, the City had collected more than 6,000 tons or 12-million pounds of brush. He thanked City crews who have worked tirelessly to meet cleanup goals. Crews are moving into the southern part of Mesquite and should complete the first Citywide sweep by Monday, July 8, 2024. The second sweep will start immediately and go from north to south again to collect brush that was missed or placed out after the first sweep. The second sweep should be completed by the end of July. If you placed bulk trash on the curbs, you may have noticed that it was not collected during the storm debris collection. However, crews will begin collecting bulk trash during the second sweep. It is the City’s hope that residential trash collection will return to normal by Monday, August 5, 2024. Please monitor any brush piles so that they do not block the street and please do not place trash or other materials with the brush. You can learn more about how to separate your debris for collection by visiting www.cityofmesquite.com/SeparatingDebris. Residents also have the option to take vegetative debris to the City’s Convenience Center, 3550 Lawson Road. 9. Mayor Alemán stated that the Epic Summer Experience will start next Tuesday night, July 9, 2024. This program is designed to provide a series of free, fun events in a safe environment for teens ages 12 – 17. The Epic Summer Experience will be held at Terry Middle School, 2351 Edwards Church Road, on Tuesday, July 9, 2024, and July 23, 2024, and at Vanston Middle School, 3230 Karla Drive, on July 16, 2024, and July 30, 2024. The gatherings will be from 6:00 p.m. to 8:00 p.m. and will include music, food, basketball, soccer, volleyball, crafts and more. 10. Mayor Alemán recognized Dallas County Commissioner Teresa Daniel and Mesquite Independent School District Board of Trustee Kevin Carbo who were in attendance at tonight’s meeting.
  17. 16 CITIZENS FORUM
  18. 17 1. Debbie Anderson, 2729 Ash Creek, stated that the Mesquite Citizen’s Police Academy Alumni Association (MCPAAA) recently received the 2024 State of Texas Membership Award at the Texas Citizen Police Academy Association Convention for the eight time since 2008. The MCPAAA currently has 110 members who contribute over 10,000 hours of volunteer work each year. These volunteers aid the Mesquite Police Department in various ways including manning sky watches in various locations, citizen fingerprinting, hosting the Santa Cop Toy Parade and patrolling the streets. 2. Ron Ward, 430 Running Brook Lane, expressed appreciation to City staff for their cleanup efforts after the recent storm. 3. Monica Evans, 1758 Chandlers Landing, expressed concerns regarding recent incidents in her neighborhood.
  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 June 17, 2024. 24-7246 Approved Pass
  25. 3 A resolution to resell tax-foreclosed property located at 1511 Hillcrest Street by public or private sale, to the highest qualified purchaser, as provided by Section 34.05 of the Texas Property Tax Code. 24-7241 Approved Pass
  26. 4 A resolution adopting the Annual Plan for the Housing Choice Voucher Program for submission to the United States Department of Housing and Urban Development. 24-7197 Approved Pass
  27. 5 Bid No. 2024-131 - Annual Mobile Data and Voice Service. (Staff recommends award to AT&T Corporation, through the Texas Department of Information Resources Contract No. DIR-TELE-CTSA-002, in an amount not to exceed $200,000.00.) 24-7229 Approved Pass
  28. 6 Bid No. 2024-132 - Annual Telephone Services - Local and Long Distance. (Staff recommends award to AT&T Corporation, through Texas Department of Information Resources Contract No. DIR-TEX-AN-CTSA 005, in an amount not to exceed $375,000.00.) 24-7242 Approved Pass
  29. 7 Approve Amendment No. 4 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 $82,000.00. 24-7248 Approved Pass
  30. 27 END OF CONSENT AGENDA
  31. 8 Bid No. 2024-129 - Purchase of Tactical Rifle Weapon System and Credits. (Staff recommends award to ProForce Marketing, Inc. dba Proforce Law Enforcement, in an amount not to exceed $190,850.83.) 24-7249 Approved Pass
  32. 28 page break
  33. 9 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2023-102, Street Repairs for Big Town Boulevard, with FNH Construction, LLC for additional services required in the total amount of $98,750.00. 24-7250 Approved Pass
  34. 10 Ratification of Change Order No. 3 to Bid No. 2022-067, Skyline Drive Paving and Drainage Reconstruction (Town East Boulevard to Peachtree Road). (Staff recommends ratification of Change Order No. 3 with McMahon Contracting, LP in the amount of $68,759.66 and to authorize the City Manager to finalize and execute all documents necessary to complete the ratification.) 24-7251 Approved Pass
  35. 31 OTHER BUSINESS
  36. 11 Consider an application to allow fee in lieu of parkland dedication for the Hidden Range Willows Apartments, located at 1555 Range Drive. 24-7244 Approved Pass
  37. 33 PUBLIC HEARINGS
  38. 34 (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.)
  39. 12 Conduct a public hearing to receive citizen input on the proposed Fiscal Year 2024-25 budget. 24-7247
  40. 13 Conduct a public hearing to receive citizen input regarding the proposed 2024-2025 Community Development Block Grant Program (CDBG) budget and Annual Action Plan. 24-7214
  41. 36 Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Item No. 15 – Discuss the purchase of property north of Scyene Road; and Item No. 16 - Discuss the purchase of property on Keswick Lane); whereupon the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 8:49 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  42. 14 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0124-0342, submitted by Marc Tolson of Arrive Architecture, LLC, on behalf of Rodeo Center Development, Ltd., for a Comprehensive Plan amendment from Commercial to Medium-Density Residential and a change of zoning from Commercial to Planned Development - Multifamily Residential with modifications to the development standards to allow a build-to-rent patio home and townhome development, located at 21701 Interstate Highway 635. (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.) 24-7243 Approved Pass
  43. 38 ADJOURNMENT
  44. 38 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  45. 39 NOTICE OF EXECUTIVE SESSION
  46. 40 Pending and Contemplated Litigation
  47. 41 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. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 8. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 9. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 10. Avery Fuentes v. City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 11. Bethany Hall and Antonio Holmes v. City of Mesquite, et al; Case No. DC-24-00034, Filed 01-02-2024 12. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 13. 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 14. Tijuana Richardson v. Mesquite Parks and Recreation, Cause No. DC-24-03958, filed March 15, 2024 15. Keiarra Tolbert v. Koby Matthew Brooks and City of Mesquite, Cause No. DC-24-07173, Filed 05/15/2024
  48. 42 page break
  49. 43 Real Property
  50. 44 Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to consider the purchase, exchange, lease or value of real property. The following subjects may be discussed:
  51. 47 Personnel Matters
  52. 48 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. 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.
  54. 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).
  55. 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.
  56. 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.
  57. 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.
  58. 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.
  59. 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.
  60. 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.