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City Council

June 3, 2024 ·4:30 PM Final

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

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Agenda — 72 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 - 4:30 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive briefing from representatives of Godfrey’s Associates, Inc. Library Planners & Consultants regarding Library System Strategic Plan. 24-7206
  6. 2 Receive briefing from STAR Transit regarding public transportation ridership numbers and service modification options. 24-7156
  7. 3 Review Building Inspection and Development Processes 24-7216
  8. 8 (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.)
  9. 9 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:02 P.M.
  10. 10 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
  11. 11 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:34 P.M.
  12. 4 Receive financial statements for the period October 1, 2023, through March 31, 2024. 24-7194
  13. 13 page break
  14. 14 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M.
  15. 15 INVOCATION
  16. 15 page break
  17. 16 Archie Greer, Pastor, Trinity Christian Worship Church, Mesquite, Texas.
  18. 17 PLEDGE OF ALLEGIANCE
  19. 18 City Staff.
  20. 18 11. Mayor Alemán stated that Summer Reading Club and Mesquite Mayor 1,000 Page Reading Challenge runs from June 1, 2024, to July 31, 2024, and includes prizes and fun along the way, ending with a pizza party for those who accomplish the 1,000-page goal. To sign up children ages 12 and under, visit www.cityofmesquite.com/Library. 12. Mayor Alemán congratulated Councilmembers Elizabeth Rodriguez-Ross and Brandon Murden for being named Leadership Fellows by the Texas Municipal League (TML). As members of the TML Leadership Academy, Ms. Rodriguez-Ross and Mr. Murden completed more than 30 hours of training over a two-month period in courses including ethics, communications and building trust. We are proud of their hard work and for earning this important recognition. 13. Mayor Alemán asked that citizens keep Mr. Smith and his family in their prayers as his brother-in-law recently passed away.
  21. 19 SPECIAL ANNOUNCEMENTS
  22. 20 1. Mr. Murden stated that for the 34th year in a row, the City of Mesquite has been named a Tree City USA by the Arbor Day Foundation. Since 1988, Mesquite has planted more than 31,000 trees through the community through its Urban Forestry Program. He congratulated Director of Parks and Recreation Elizabeth Harrell and the Parks and Recreation staff for maintaining a thriving urban forest in Mesquite and increasing the quality of life for our residents. To learn more about the Tree City USA program, visit www.arborday.org/TreeCityUSA. 2. Mr. Murden invited residents to a District 6 Picnic on Saturday, June 8, 2024, 2024, at 11:00 a.m., at Rorie-Galloway Day Camp, 3100 Lawson Road. 3. Mr. Smith announced that the Family Fish event has been rescheduled for Saturday, June 15, 2024, from 9:00 a.m. to Noon, at City Lake Park, 200 Parkview Street. The first 100 children at the event will receive a free fishing rod while supplies last. Fishing bait, hooks and other materials will not be provided. Family Fish attendees will have the opportunity to participate in the smallest or largest fish tournaments for prizes. City Lake Park is part of the Texas Parks and Wildlife Department’s Neighborhood Fishin’ program, which means the lake is stocked several times per year with catfish and rainbow trout. 4. Mr. Boroughs stated that as we saw last week, severe weather can happen rapidly in North Texas. He encouraged citizens to sign up for Mesquite Alerts to receive real-time notifications with accurate, reliable information to keep you safe regarding emergencies, weather and news that pertains to your particular neighborhood. Alerts can be received via text message, recorded phone message or email. Contact information remains private and will only be used for community notifications. 5. Ms. Rodriguez-Ross encouraged citizens to visit the Farmers Market, every Saturday through November, from 9:00 a.m. to 1:00 p.m., at Front Street Station, 100 West Front Street. The Farmers Market offers a wide variety of local goods including artisanal items, locally grown produce, baked goods, bath and body products and more. Also at Front Street Station, the Off the Rails concert series will be held on Saturday nights in June. 6. Ms. Rodriguez-Ross invited citizens to attend a District 3 Picnic on Saturday, June 8, 2024, at 11:00 a.m., at the KidsQuest pavilion at DeBusk Park, 1625 Gross Road. 7. Mr. Green stated that the City of Mesquite and Sharing Life have launched the Annual Spread the Love Campaign to help feed children over the summer break, which will run through Labor Day, September 2, 2024. Residents are encouraged to donate jars of peanut butter and jelly, including alternative butters for children with nut allergies such as sunflower seed butter or pumpkin seed butter. The City of Mesquite collects food donations and Sharing Life distributes the products to families. Spread the Love donations are being collected at City Hall, Municipal Center, Mesquite Main Library and North Branch Library. 8. Mr. Casper announced that the next Teen Turnout will be held on Saturday, June 8, 2024, from 6:00 p.m. to 8:00 p.m., at Town East Pool, 2525 John Glenn Parkway. Teen Turnout is designed for students ages 12 – 17 and activities include music, games, open gym, food, crafts and more. 9. Mr. Casper stated that an event for teens ages 12 – 17, Epic Summer Experience, will be held every Tuesday night in July. The gatherings will be held from 6:00 p.m. to 8:00 p.m. 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. Activities include music, games, open gym, food, crafts and more. 10. Mayor Alemán thanked residents for their patience as the City dealt with the aftermath of the powerful storms on Tuesday, May 28, 2024. City staff is working hard to pick up debris, which will take at least five to six weeks. He thanked employees of the Parks and Recreation Department, Streets Division, Utilities Division, Solid Waste Division, myMesquite Call Center, Police Department and Fire Department who were instrumental in storm cleanup and assistance. These employees put in extra time and effort to help keep residents and our City safe.
  23. 21 CITIZENS FORUM
  24. 22 1. Lavar Watson, 626 Elderwood Loop, expressed support for mentoring young men in our community. 2. Don Parker, 507 Meadowcreek Dr., expressed concerns regarding Oncor.
  25. 22 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  26. 23 CITIZENS COMMENTS
  27. 24 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. 25 CONSENT AGENDA
  29. 26 (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. 5 Minutes of the regular City Council meeting held May 20, 2024. 24-7201 Approved Pass
  31. 6 An ordinance amending the budget for Fiscal Year 2023-24. 24-7167 Approved Pass
  32. 7 An ordinance amending Ordinance No. 2021 and Resolution No. 28-93 and authorizing the City Manager to finalize and execute an Interlocal Agreement with the City of Balch Springs for providing wholesale wastewater service to specific Balch Springs service areas through both newly constructed and existing City of Mesquite wastewater systems. 24-7191 Approved Pass
  33. 8 A resolution authorizing publication of Notice of Intention to issue Certificates of Obligation, approving the preparation of a preliminary official statement and a notice of sale, and providing for the effective date thereof. 24-7208 Approved Pass
  34. 9 A resolution adopting STAR Transit Public Transportation Agency Safety Plan (PTASP), as may be amended, applicable to all City of Mesquite public transit services. 24-7157 Approved Pass
  35. 10 A resolution authorizing the City Manager to finalize and execute a Project Specific Agreement (PSA) amending the Master Interlocal Agreement with Dallas County pertaining to Road and Bridge Transportation-Related Maintenance, Repairs, and Improvements to be performed on Oates Drive (Galloway Avenue to Gus Thomasson Road) within the City of Mesquite. 24-7192 Approved Pass
  36. 11 A resolution approving the issuance of tax-exempt obligations by the Mesquite Housing Finance Corporation (MHFC) to finance the acquisition and construction of Wooded Lake Apartments by Wooded Lake Apartments, LTD. 24-7212 Approved Pass
  37. 33 CONSENT AGENDA ITEM(S) CONSIDERED SEPARATELY
  38. 12 A resolution approving the issuance of tax-exempt obligations by the Mesquite Housing Finance Corporation (MHFC) to finance the acquisition and construction of Palladium Carver Living by Palladium Bruton Road, LTD. 24-7213 Approved Pass
  39. 13 Bid No. 2024-113 - Purchase of Tactical Rifle Weapon Systems. (Staff recommends award to ProForce Marketing, Inc. dba Proforce Law Enforcement, in an amount not to exceed $178,611.89.) 24-7169 Approved Pass
  40. 35 END OF CONSENT AGENDA
  41. 14 Authorize the City Manager to finalize and execute Change Order No. 6 to Bid No. 2023-082, Utility Relocation for CSJ: 0095-10-033 (U.S. Highway 80 from Interstate Highway 30 to Gus Thomasson Road), with ANA Site Construction, LLC for additional services required in the total amount of $150,960.00. 24-7207 Approved Pass
  42. 15 Receive the January 2024 semiannual report for impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. 24-7202 Approved Pass
  43. 38 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
  44. 16 Consider appointment of one Regular Member (Place No. 2) to the Historic Mesquite, Inc., Board of Directors for a term to expire December 31, 2026, and two Regular Members (Place Nos. 6 and 8) for terms to expire December 31, 2024. 24-7203
  45. 40 PUBLIC HEARINGS
  46. 41 (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.)
  47. 17 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0344, submitted by Provident Realty Advisors for a Comprehensive Plan amendment from Commercial to High-Density Residential and a change of zoning from Planned Development - Light Commercial (Ordinance No. 2102) to Planned Development - Multifamily Residential to allow a multifamily development with modifications to the development standards, located at 900 and 1000 Windbell Circle. (One response in favor and no responses 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.) 24-7200 Approved Pass
  48. 18 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0324-0351, submitted by Maxwell Fisher of ZoneDev on behalf of Palladium USA International, Inc., for a Comprehensive Plan amendment from Neighborhood Retail to High-Density Residential and a change of zoning from R-3, Single-family Residential within Sherwood Forest Overlay to Planned Development - Multifamily Residential within the Sherwood Forest Overlay to allow a multifamily development with modifications to the development standards, located at 2255 West Bruton 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 with certain stipulations.) 24-7199 Approved Pass
  49. 19 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0424-0359, submitted by Javier Ruiz, for a change of zoning from Central Business to Central Business with a Conditional Use Permit to allow used motor vehicle sales, located at 611 West Davis 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). 24-7198 Denied Pass
  50. 44 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. 21 – Discuss economic development incentives for a business expansion in the Trinity Pointe area of Mesquite in Kaufman County; and Item No. 22 - Discuss economic development incentives for a business at IH-635 and Rodeo Center Boulevard.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 9:25 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  51. 20 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 with Harmon, Inc., for the lease and occupation of the industrial park facility located at 2614 Big Town 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. 24-7195 Approved Pass
  52. 45 page break
  53. 46 ADJOURNMENT
  54. 46 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:25 P.M.
  55. 47 NOTICE OF EXECUTIVE SESSION
  56. 47 Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.074 of the Texas Government Code to 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 City employees (Annual review of City Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 10:33 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  57. 48 Pending and Contemplated Litigation
  58. 49 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
  59. 49 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  60. 50 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
  61. 51 Personnel Matters
  62. 52 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. • Annual review of City Manager
  63. 53 Economic Development
  64. 54 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:
  65. 57 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  66. 58 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).
  67. 59 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.
  68. 60 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.
  69. 61 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.
  70. 62 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.
  71. 63 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.
  72. 64 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.