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City Council

May 6, 2024 ·5:30 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 - 5:30 P.M.
  3. 3 AGENDA REVIEW
  4. 4 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:12 P.M.
  5. 5 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. 20 – Discuss economic development incentives for a business expansion at Samuell Boulevard; Item No. 21 - Discuss economic development incentives for a business considering expansion to Oates Drive and IH-635; and Item No. 22 - Discuss economic development incentives for a prospective development on Bruton Road); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:52 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  6. 6 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M.
  7. 7 INVOCATION
  8. 8 Fred Bacon, Pastor, First Christian Church, Mesquite, Texas.
  9. 9 PLEDGE OF ALLEGIANCE
  10. 10 Members of the Small Business Community, Business Retention Task Force and other business leaders.
  11. 11 SPECIAL RECOGNITION
  12. 1 Recognize Real. Texas. Service. Champions. 24-7178
  13. 13 page break
  14. 14 SPECIAL ANNOUNCEMENTS
  15. 15 1. Mr. Casper stated that Spring is a great time for the arts in Mesquite. Every Saturday night through June, the Off the Rails concert series will be held at Front Street Station, 100 West Front Street, at 7:00 p.m., with a variety of music from Celtic to Rock-a-Billy. Graceland Ninjaz will be featured at the next free Mesquite Rocks! Concert on Thursday, May 16, 2024, at the Mesquite Arts Center, 1527 North Galloway Avenue. This high-energy band performs mashups and greatest hits spanning five decades of rock-n-roll, dance, hip hop and soul. The Mesquite Symphony Orchestra will present “Into the Fire” on Saturday, May 18, 2024, at 7:30 p.m., at the Mesquite Arts Center. Under the direction of Conductor Felix Torres, the performance will include a variety of pieces. Visit www.mesquitesymphony.org for showtimes and tickets. 2. Mr. Green encouraged citizens to sign up for Mesquite Alerts, powered by Code Red, to receive real-time notifications with accurate, reliable information regarding emergencies, weather and news that pertain to your particular neighborhood via text message, recorded phone message or email. Personal information will remain private and will only be used for community notifications. 3. Ms. Rodriguez-Ross invited citizens to join Keep Mesquite Beautiful, Inc., for the Mother’s Day Butterfly Trail Tour and Picnic on Saturday, May 11, 2024, from 10:00 a.m. to 1:00 p.m., at Paschall Park, 1001 New Market Road. Event highlights include guided Butterfly Trail tours, seed ball making, wagon parade, games, chalk art, photo opportunities and more. Attendees are invited to bring a “Mother Nature” decorated wagon and a blanket for picnicking. A light brunch will be available or bring your own picnic. 4. Ms. Rodriguez-Ross announced that Mesquite Recycles Day will be held on Saturday, May 18, 2024, from 8:00 a.m. to Noon, at Poteet High School, 3300 Poteet Drive. Items accepted for recycling included cell phones, batteries, toys, clothes, household items, computers and more. Onsite document shredding will also be available. 5. Mr. Boroughs encouraged citizens to attend Movies in the Park and Touch-A-Truck on Friday, May 17, 2024, from 7:00 p.m. to 10:00 p.m., at Paschall Park, 1001 New Market Road. Touch-A-Truck provides kids with the opportunity to climb on, learn about and discover their favorite big trucks and vehicles such as police cars, dump trucks, tractors and fire trucks. Vehicle operators will be present to answer questions. At sundown, the fun continues with a movie under the stars featuring “Lightyear.” Concessions will be available and attendees are encouraged to bring lawn chairs and blankets to this free event. 6. Mr. Boroughs invited citizens to a District 4 Neighborhood Picnic on Saturday, May 18, 2024, at Noon, at Evans Recreation Center, 1116 Hillcrest Street. 7. Mr. Smith encouraged citizens to attend Historic Mesquite Inc.’s Barn Dance on Saturday, May 18, 2024, at 7:00 p.m. The country and western swing band, The Western Flyers, will play Texas-style sound popularized in the 1940’s by Bob Wills for an evening of music and dancing in the historic Lawrence Barn at Opal Lawrence Historical Park, 711 East Kearney Street. Tickets to the Barn Dance are $15.00 for Historic Mesquite, Inc., members and $20.00 for the general public. Tickets and memberships can be purchased online at www.historicmesquite.org.
  16. 15 8. Mr. Smith advised residents and business owners that it has come to the City’s attention that there are individuals going door to door trying to sell roof repairs and some of these are scams. Rather than hiring someone random who knocks on your door, the City encourages you to visit the Roofing Contractors Association of Texas website at www.RCAT.net to ensure you are dealing with a reputable contractor. Also, home solicitations in the City of Mesquite are restricted to those with a valid permit secured from the Chief of Police and released by the City Manager. Exceptions apply to those who are under 18 years of age and are members of school or youth organizations. Home solicitation permits are rarely, if ever, issued from the City. Soliciting without a permit is a Class C Misdemeanor that carries a fine not to exceed $500.00. Solicitation concerns can be reported to the Police Department by calling the non-emergency phone line at 972-285-6336 or by reporting it through the myMesquite app. 9. Mr. Murden advised residents that new operating procedures for the City of Mesquite’s Utility Billing Office begins today, May 6, 2024. The Utility Billing Office will be open to the public from 10:00 a.m. to 5:00 p.m. This change gives employees time to process online requests, which include applications for new service, leak adjustment requests and requests to disconnect service. Cash payments made to the Utility Billing Office are accepted in whole dollars only. Any change will be applied as a credit to your next bill. Cash customers can still pay with exact change. Making this change will also provide efficiencies to save on costs. To learn more, visit www.cityofmesquite.com/UtilityBilling. 10. Mayor Alemán stated that we need to take better care of ourselves physically, mentally and financially. There are two Get Fit Mesquite events this month. On Tuesday, May 14, 2024, a free bilingual workshop, “Demystifying the Secrets of Financial Analysis,” will be held from Noon to 1:00 p.m., in Training Rooms A & B, at City Hall. During this session, advisors will share information in English and Spanish about portfolio allocation and financial product choices. Then, on Saturday, May 18, 2024, a free, interactive walking event, “Walking for Wellness,” will be held at the Fraiser Middle School track, 2250 Scyene Road, from 9:00 a.m. to Noon. “Walking for Wellness” will include prizes for walkers who go the furthest distance. Health-focused vendors will also be onsite. Learn more at www.cityofmesquite.com/GetFitMesquite. 11. Mayor Alemán invited citizens to the Town Hall Tuesday Meeting on Tuesday, May 28, 2024, at 6:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. Representatives from the Mesquite Police Department, Mesquite Fire Department and Neighborhood Services will share information and answer questions in English and Spanish. The meeting will be livestreamed on the City’s Facebook page and free desserts will be provided to those who attend in person. To learn more and to submit questions in advance, visit www.cityofmesquite.com/TownHallTuesdays
  17. 16 CITIZENS FORUM
  18. 17 1. Dr. Terri White, 505 Riggs Circle, expressed appreciation for the City’s transparency regarding zoning cases. 2. Holly Fisk, 4200 Woodbluff Drive, expressed concerns regarding escalating home appraisal values. 3. Tiffany Brown, 2944 Motley Drive, stated that she is the CEO and Founder of iLash Beauty University and provided an overview of the services provided.
  19. 18 CITIZENS COMMENTS
  20. 19 1. Dr. Terri White, 505 Riggs Circle, spoke regarding Agenda Item No. 14 and stated that prairie plants occupy this site and requested the plants be preserved by moving them to a different location. 2. Kacey Simmons, 10079 South Beltline Road, spoke regarding Agenda Item No. 15 and stated that as the applicant, they have redesigned the proposed single-family subdivision concept plan.
  21. 20 APPOINTMENTS FOR PERSONAL APPEARANCE
  22. 20 page break
  23. 2 Receive update from representatives of Linebarger Goggan Blair & Sampson, LLP regarding the property tax assessor and collection transition to Dallas County. 24-7166
  24. 22 CONSENT AGENDA
  25. 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.)
  26. 3 Minutes of the regular City Council meeting held April 15, 2024. 24-7161 Approved Pass
  27. 24 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  28. 4 An ordinance amending Chapter 16 of the City Code to adopt a revised 2024 Water Conservation, and Water Resource and Emergency Management Plan as required by the Texas Commission on Environmental Quality and Texas Water Development Board. 24-7159 Approved Pass
  29. 5 An ordinance amending Appendix D - Comprehensive Fee Schedule, Article XIV (Public Works) of the City Code revising fees regarding Public Works Engineering Inspections. 24-7173 Approved Pass
  30. 6 RFP No. 2024-031 - City of Mesquite Convention Center Roof Repair and Replacement. (Authorize the City Manager to finalize and execute a contract with SL Nabors Construction Management LLC, a Texas limited liability company, in the amount of $280,000.00.) 24-7153 Approved Pass
  31. 7 Bid No. 2024-073 - Annual Landscape Maintenance of the TxDOT High Visibility Interchanges. (Authorize the City Manager to finalize and execute a contract with Yellowstone Landscaping Company in amount not to exceed $205,343.80. The term of this 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 annual appropriation of sufficient funds). 24-7177 Approved Pass
  32. 8 Bid No. 2024-075 - Annual Supply of OEM Kenworth Parts and Labor. (Authorize the City Manager to finalize and execute a contract and any required documents with Texas Kenworth Company, LLC, dba MHC Kenworth, through BuyBoard Contract No. 723-23, in an amount not to exceed $300,000.00. The term of the contract is for a one-year period, with two additional one-year renewals. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) 24-7152 Approved Pass
  33. 9 Bid No. 2024-089 - Annual Supply of Goodyear Tires, Tubes, Supplies and Equipment. (Staff recommends award to The Goodyear Tire and Rubber Company, through BuyBoard Contract No. 729-24, in the amount of $245,000.00. The term of this contract is for one year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) 24-7149 Approved Pass
  34. 10 Bid No. 2024-091 - Annual Supply of Firestone Tires. (Staff recommends award to Southern Tire Mart, LLC, through BuyBoard Contract No. 729-24, in the amount of $175,000.00. The term of this contract is for one year, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to annual appropriation of sufficient funds.) 24-7162 Approved Pass
  35. 11 Bid No. 2024-121 - Purchase of Explosive Ordnance Disposal (EOD) Bomb Squad Robot Replacement. (Staff recommends award to ICOR Technology, Inc., through GSA’s Cooperative Purchasing Program Contract No. GS-07F-0430V, in an amount not to exceed $145,915.67.) 24-7171 Approved Pass
  36. 12 Authorize the City Manager to finalize, execute and administer an agreement with the Federal Highway Administration for Safe Street for All (SS4A) Grant to the City in the amount of $256,000.00 for the purpose of traffic safety improvements, and approve the contribution of City funds for this project in the amount of $64,000.00. 24-7179 Approved Pass
  37. 13 Authorize the City Manager to finalize and execute an Interlocal Agreement between the City of Dallas and the Mesquite Police Department for participation in the Internet Crimes Against Children (ICAC) Task Force. 24-7184 Approved Pass
  38. 35 OTHER BUSINESS
  39. 14 Consider an application to allow fee in lieu of parkland dedication for the Wooded Lake Apartments, located at 1410 Wooded Lake Drive. 24-7165 Approved Pass
  40. 15 Consideration of a motion to reconsider City Council action taken on April 1, 2024, denying Application No. Z0823-0321, submitted by Tierra Carter-Simmons of Inspiring You to Greatness, for a Comprehensive Plan amendment from Commercial to Low Density Residential and a change of zoning from Agricultural to Planned Development - R-3, Single-Family Residential to allow a 15-lot single-family subdivision, located at 10079 South Belt Line Road. (No responses in favor and one in opposition were received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations. This item was denied at the April 1, 2024, City Council meeting.) 24-7180
  41. 38 PUBLIC HEARINGS
  42. 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.)
  43. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0324-0355, submitted by Sharing Life, for a change of zoning from Commercial within the Town East Retail and Restaurant Area Overlay District to Commercial within the Town East Retail and Restaurant Area Overlay District with a Conditional Use Permit to allow outdoor storage and metal screening material, located at 3795 West Emporium Circle. (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.) 24-7158 Approved
  44. 17 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0345, submitted by Emily Zoellner of Manhard Consulting, for a change of zoning from Commercial and R-2 Single-Family Residential to Planned Development - Commercial to allow an office warehouse development with modified development standards, located at 21900, 22000 and 22100 Interstate Highway 635. (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 April 15, 2024, City Council meeting.) 24-7163
  45. 18 Conduct a public hearing and consider an ordinance revising the City Code by making a Zoning Ordinance Text Amendment, ZTA No. 2024-02, thereby revising Appendix C - Zoning Ordinance, Part 2 (Residential Districts) for the purpose of updating the City’s ordinances regarding parking requirements for multifamily residential development. (The Planning and Zoning Commission recommends approval of the zoning text amendment. This item was postponed at the April 15, 2024, City Council meeting.) 24-7164 Approved Pass
  46. 19 Conduct a public hearing and consider a resolution of no objection for Palladium Bruton Road, LTD’s application to the Texas Department of Housing and Community Affairs (the “TDHCA”) for 2024 Non-Competitive 4% Housing Tax Credits for the construction of an approximately 288-unit affordable multifamily rental housing development located at 2255 West Bruton Road and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7183 Approved Pass
  47. 44 ADJOURNMENT
  48. 45 NOTICE OF EXECUTIVE SESSION
  49. 45 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  50. 46 Pending and Contemplated Litigation
  51. 47 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; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-23-00485-CV - Filed 05-19-2023 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; removed to the United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:24-cv-00231-B, on 01-30-2024 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 Richards v. Mesquite Parks and Recreation, Cause No. DC-24-03958, filed March 15, 2024
  52. 48 Personnel Matters
  53. 49 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.
  54. 50 Economic Development
  55. 51 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:
  56. 55 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. 56 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. 57 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. 58 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. 59 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. 60 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. 61 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. 62 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.