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City Council

June 17, 2024 ·5:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 63 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers 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 Airport, Solid Waste and Human Resources Departments related to City Council strategic goals and objectives. 24-7234
  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 - 6:00 P.M.
  8. 8 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 (Discuss regulation of sober living houses); 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. 9 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:34 P.M.
  10. 2 Receive Economic Development Department Council Update. 24-7205
  11. 11 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  12. 12 INVOCATION
  13. 13 Nathaniel Rainey, Pastor, Jireh's Tabernacle Worship Center, Mesquite, Texas.
  14. 14 PLEDGE OF ALLEGIANCE
  15. 15 Graduates of the Leading 4 Success (L4S) Academy.
  16. 15 page break
  17. 16 SPECIAL ANNOUNCEMENTS
  18. 17 9. Mayor Alemán thanked the Mesquite Elks Lodge No. 2404 Auxiliary for the generous $5,000.00 donation on Wednesday, June 12, 2024, for Addressing Mesquite Day, which will be held on Saturday, October 5, 2024. This year will mark the 20th Anniversary of Addressing Mesquite Day, which is a one-day event that focuses on providing exterior home repairs for senior citizens, single parents, military veterans, the disabled and other homeowners in Mesquite. Projects include painting, landscaping, building a ramp or tearing down an old shed. The last day for homeowners to submit applications for assistance is Friday, June 28, 2024, and the last day for volunteer groups to sign up is Friday, July 26, 2024. Addressing Mesquite Day would not be possible without the support of community donors like the Elks and the Auxiliary. On behalf of the City Council, we thank you for your generous gift to our residents to help them meet community standards for their homes. 10. Mayor Alemán encouraged citizens to consider donating a jar of peanut butter and/or jelly to the “Spread the Love” campaign to feed children in need this summer. The City partners with Sharing Life to distribute the donations collected. 11. Mayor Alemán reminded children ages 12 and under to sign up for the Mesquite Mayor 1,000 Page Reading Challenge that runs through July 31, 2024.
  19. 17 1. Mr. Murden advised that all City offices will be closed on Wednesday, June 19, 2024, to observe the federal Juneteenth Holiday, which commemorates the end of slavery in the United States. He invited citizens to attend the Mesquite NAACP Juneteenth Celebration on Saturday, June 22, 2024, from 2:00 p.m. to 6:00 p.m., at Paschall Park, 1001 New Market Road. The Mesquite Metro Airport and the Compost Facility and Convenience Center will remain open and commercial and residential trash will be collected. To find future City of Mesquite holiday closures and service impacts, visit www.cityofmesquite.com/Holidays. 2. Mr. Smith stated that due to recent storms and power outages, the Dive-In Movie has been rescheduled for Friday, June 28, 2024, from 7:00 p.m. to 10:00 p.m., at City Lake Aquatic Center, 200 Parkview Street. Pre-movie activities include fun pool games for all ages with prizes. Snow cones and other concessions will be available for purchase. Bring your lawn chairs to enjoy the movie, Disney-Pixar’s “Elemental.” Admission is free but is limited to 500 attendees. 3. Mr. Boroughs stated that this summer, active-duty military personnel and up to five family members will receive free admission into participating museums, zoos, and nature centers across the nation, including Mesquite’s Florence Ranch Homestead and Opal Lawrence Historical Park through the Blue Star Museum national program which runs through Labor Day. He thanked Historic Mesquite, Inc., for participating in this program to show our appreciation to our service members and their families. 4. Mr. Boroughs thanked City of Mesquite employees for their clean-up efforts after the recent storms and asked citizens to please be patient. City crews are working as fast as they can to pick up brush and debris in neighborhoods. 5. Ms. Rodriguez-Ross stated that every Tuesday in July, the City is offering free events such as the Epic Summer Experience for teens ages 12 – 17. Last year, more than 1,000 students participated. This year, the Epic Summer Experience will be held at Terry Middle School, 2351 Edwards Church Road, on July 9, 2024, and July 23, 2024, and at Vanston Middle School, 3230 Karla Drive, on July 16, 2024, and July 30, 2024, from 6:00 p.m. to 8:00 p.m. Activities include music, food, basketball, soccer, volleyball, crafts and more. 6. Ms. Rodriguez-Ross expressed condolences to the family of Holly Fisk who recently passed away. 7. Mr. Green stated that now through June 22, 2024, the Mesquite Arts Center is exhibiting “Paradise Still Lost” by Dallas-based visual artist Shawn Saumell. This showcase features murals of more than one hundred unique photographs printed on brushed aluminum. The Mesquite Arts Theatre will present “Noises Off” through June 23, 2024. This hilarious classic English farce is a play within a play. Visit www.mesquiteartstheatre.org for showtimes and tickets. On June 24, 2024, the Mesquite Community Band will present a tribute to our great nation with their “Celebrate America” concert at the Mesquite Arts Center, 1527 North Galloway Avenue. Admission is free and doors open at 6:30 p.m. 8. Mr. Casper announced that the City of Mesquite is partnering with Mesquite Independent School District to host Project LEAD. This leadership program is designed for motivated residents interested in learning about leadership. Those selected to participate in Project LEAD will commit to attending four sessions. The program is designed to encourage attendees to serve on boards, commissions and organizations within the City and School District as well as to develop future elected officials. Interested citizens can apply now through July 19, 2024.
  20. 18 CITIZENS FORUM
  21. 19 1. Trice Battle, 3009 Sandhurst Drive, representing the Park Chase neighborhood as HOA President, expressed the need for fiber optic and cable upgrades in his neighborhood. 2. Henry Brown, 211 Athel Drive, expressed support for the Juneteenth Celebration to be held on Saturday, June 22, 2024, at Paschall Park. 3. Jai Mitchell Manning, 3201 Fox Ridge Trail, expressed concerns regarding stop signs and signage in the Ridge Ranch neighborhood. 4. Nickie Turner, 3120 Brookhill Lane, expressed the need for time constraints for a gun range near the Ridge Ranch neighborhood. 5. Royce Cardoza, 3205 Southampton Drive, expressed the need for speed bumps in the Ridge Ranch neighborhood.
  22. 20 CITIZENS COMMENTS
  23. 21 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.
  24. 22 CONSENT AGENDA
  25. 22 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  26. 23 (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.)
  27. 3 Minutes of the regular City Council meeting held June 3, 2024. 24-7218 Approved Pass
  28. 4 An ordinance amending the City Code by revising certain sections in Chapter 9 (Motor Vehicles and Traffic), Article VI (Stopping, Standing and Parking), for the purpose of allowing angle parking in cul-de-sacs and knuckles unless otherwise prohibited, and updating provisions when parking may be strictly prohibited in said locations. 24-7223 Approved Pass
  29. 5 An ordinance amending the budget for Fiscal Year 2023-24. 24-7239 Approved Pass
  30. 6 Bid No. 2024-052 - Travis Williams Athletic Complex: Field Improvements. (Authorize the City Manager to finalize and execute a contract and any required documents with Sports Field Solutions, LLC, in an amount not to exceed $222,917.04.) 24-7228 Approved Pass
  31. 7 RFP 2024-084 - Evans Recreation Center: Entrance Improvements. (Authorize the City Manager to finalize and execute a contract with JM Management LLC dba JM Construction Solutions in the amount of $199,425.64.) 24-7221 Approved Pass
  32. 8 RFP No. 2024-085 - Westlake Skate Park: Site Improvements. (Staff recommends rejecting all bids.) 24-7225 Approved Pass
  33. 9 Bid No. 2024-101 - Wiser Road Reconstruction. (Authorize the City Manager to finalize and execute a contract with CCGMG, LLC, Series B, in the amount of $375,000.00.) 24-7224 Approved Pass
  34. 10 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2023-095, Paving Improvements for Lee Street and Grubb Drive, with Texas Materials Group, Inc., d/b/a Texas Bit, in the amount of $358,918.95. 24-7231 Approved Pass
  35. 11 Authorize the City Manager to finalize and execute an Interlocal Agreement with the University Emergency Medical Response on behalf of University of Texas at Dallas to provide emergency medical services education and training in the classroom and through internship shifts to Mesquite Fire Department employees. 24-7210 Approved Pass
  36. 12 Authorize the Fire Chief’s execution of Amendment No 1 to the original executed Memorandum of Understanding (MOU) approved by Council April 15, 2024, between the City of Mesquite Fire Department and Texas A&M Engineering Service (TEEX). 24-7240 Approved Pass
  37. 33 END OF CONSENT AGENDA
  38. 34 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
  39. 13 Consider appointment of one Regular Member (Position No. 4) to the Planning and Zoning Commission/Capital Improvements Advisory Committee/Airport Zoning Commission for a term to expire December 31, 2024, and one Alternate Member (Alternate No. 1) for a term to expire December 31, 2025, or one Alternate Member (Alternate No. 2) for a term to expire December 31, 2024. 24-7219 Approved
  40. 14 Consider appointment of one Regular Member (Position No. 4) and one Alternate Member (Alternate No. 2) to the Board of Adjustment/Airport Board of Adjustment for terms to expire December 31, 2024. 24-7220 Approved
  41. 15 Consider appointment of principal and alternate members to the Regional Transportation Council for terms to expire June 30, 2026. 24-7238 Approved
  42. 38 PUBLIC HEARINGS
  43. 39 (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.)
  44. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0524-0361, submitted by City of Mesquite, for a change of zoning to amend Planned Development Ordinance No. 2399 to modify sign regulations, located at 3201 East Cartwright Road. (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.) 24-7222 Approved
  45. 17 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0524-0362, submitted by Mark Seibold of Inventure Design, for a change of zoning from Truman Heights Neighborhood District to Truman Heights Neighborhood District with a Conditional Use Permit to allow a medical clinic, located at 1835 N. Galloway Avenue. (No 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). 24-7217 Approved Pass
  46. 42 ADJOURNMENT
  47. 42 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  48. 43 NOTICE OF EXECUTIVE SESSION
  49. 44 Pending and Contemplated Litigation
  50. 45 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
  51. 46 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
  52. 47 Consultation with Attorney
  53. 48 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: • Discuss regulation of sober living houses.
  54. 49 Personnel Matters
  55. 50 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.
  56. 51 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  57. 52 The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management).
  58. 53 The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989.
  59. 54 Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
  60. 55 Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
  61. 56 Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
  62. 57 Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista.
  63. 58 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.