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City Council

April 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, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Tandy Boroughs
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:43 P.M.
  5. 5 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. 18 - Discuss exchange of property on Faithon P. Lucas, Sr., Boulevard); whereupon the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 6:06 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  6. 6 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:10 P.M.
  7. 1 Receive presentation regarding the 2023 Meritorious Conduct Awards to Police Department employees. 24-7109
  8. 8 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  9. 9 INVOCATION
  10. 10 Kelly James, Pastor, Pathway of Life, Dallas, Texas.
  11. 11 PLEDGE OF ALLEGIANCE
  12. 12 Dallas Children's Advocacy Center on behalf of the Mesquite Police Department.
  13. 13 SPECIAL RECOGNITION
  14. 2 Recognize staff members from Pioneer Technology & Arts Academy. 24-7115
  15. 15 SPECIAL ANNOUNCEMENTS
  16. 16 4. Mr. Green stated that the City of Mesquite Utility Billing Office will soon be adjusting in-person office hours and the cash handling policy. Beginning Monday, May 6, 2024, in-person hours will be 10:00 a.m. to 5:00 p.m., Monday through Friday. This change will allow employees to process online requests, which includes applications for new service, leak adjustment requests and requests to disconnect service. Also, the Utility Billing Office will no longer provide change in amounts less than one dollar. Any change due to the customer, less than one dollar, will be automatically applied as a credit to the residents’ next bill. Cash customers may still pay with exact change. Making this change will provide efficiencies to save on costs. 5. Ms. Rodriguez-Ross announced that Trash Bash, hosted by Keep Mesquite Beautiful, Inc., will be held on Saturday, April 27, 2024, from 8:00 a.m. to Noon. This city-wide event provides families, neighbors and groups an opportunity to help beautify the community. Volunteers are requested to pre-register to help event organizers coordinate supplies and cleanup site locations. 6. Ms. Rodriguez-Ross congratulated Director of Library Services Virginia Mundt and the entire Library staff for receiving the 2023 Achievement of Library Excellence Award from the Texas Municipal Library Directors Association. This is the 8th consecutive year that Mesquite has received this award. Only 84 out of 545 Texas public library systems earned this prestigious honor for 2023. 7. Mr. Smith encouraged families to participate in Mesquite’s Family Fish event on Saturday, April 20, 2024, from 9:00 a.m. to Noon, at City Lake Park, 200 Parkview Street. While supplies last, the first 100 kids will receive a free fishing rod. Fishing bait, hooks and other materials will not be provided. Family Fish attendees will have the opportunity to participate in the smallest and largest fish tournaments for prizes. 8. Mr. Smith invited citizens to attend a District 5 Neighborhood Meeting and Picnic on April 20, 2024, at 11:00 a.m., at Rutherford Recreation Center, 900 Rutherford Drive. 9. Mr. Murden announced that the Friends of the Mesquite Public Library will host the Spring Book Sale on Friday, April 26, 2024, from 9:00 a.m. to 5:00 p.m., and Saturday, April 27, 2024, from 9:00 a.m. to 3:00 p.m., at the Mesquite Main Library, 300 West Grubb Drive. This semi-annual sale benefits the Mesquite Public Library system and features gently used books and DVDs. Items may include children’s books, fiction, cookbooks, popular movies and more, available at a reasonable cost. The book sales are vital to the Library because they pay for programs, prizes and giveaways, artwork at the Library and much more. Cash or checks are the only payment forms accepted. 10. Mayor Alemán thanked everyone who participated in the Solar Rodeo events. Thousands of visitors came to Mesquite to view the solar eclipse from countries including Spain, England, Scotland, Germany and Nicaragua as well as from 14 states. The Solar Rodeo began with the Rodeo Parade and Downtown Farmer’s Market opening. Throughout the weekend, the City hosted concerts, dance parties, art events and many more activities. On the day of the solar eclipse, Monday, April 8, 2024, the City had multiple eclipse-watching parties around town. It took an army of people to coordinate these and everyone did a great job. Mayor Alemán thanked the Parks and Recreation Department, Downtown Mesquite, Mesquite Arts Center, Historic Mesquite, Inc., and Dallas College – Eastfield campus for hosting events. During the solar eclipse in Mesquite, there was an engagement and a wedding. Mesquite was the site of the Associated Press’ eclipse live stream in Texas and more than 2.5 million people around the world watched. Special thanks goes to Javan Gonzalez with the Mesquite Convention and Visitors Bureau, Beverly Abell with Downtown Mesquite, and Kim Buttram with the Economic Development Department for coordinating and organizing the Solar Rodeo. He also thanked all Public Safety personnel for keeping everyone safe. This was truly a once-in-a-lifetime experience. 11. Mayor Alemán invited citizens to celebrate Cinco de Mayo in Downtown Mesquite at Front Street Station on Saturday, May 4, 2024, from Noon to 5:00 p.m. The festivities will include authentic Mexican food and artisanal vendors, folklórico dancers and live music including local singers, a kids activity area with free arts and crafts and piñata breaks, and a jalapeño-eating contest. Mayor Alemán recognized last year’s jalapeño-eating contest winner, Millie Arnold, who was in attendance tonight. If you are interested in being a vendor at the event to sell food or merchandise, applications are open until 5:00 p.m., on Friday, April 26, 2024. He thanked the Hispanic Forum of Mesquite for partnering with the City for this fiesta. 12. Mayor Alemán recognized Dallas County Commissioner Teresa Daniels who was in attendance at tonight’s meeting.
  17. 16 1. Mr. Casper invited citizens to attend Doggy Derby Day on Saturday, April 20, 2024, from 10:00 a.m. to 1:00 p.m., at Opal Lawrence Historical Park, 701 East Kearney Street. This free Kentucky Derby-themed event will include a doggy hat decorating station, best hat contest for dogs and treats for pets and humans. Mesquite Animal Services will be on-site offering pet adoptions along with $10.00 microchipping for pets. All dogs must show proof of vaccination and be leashed at all times. 2. Mr. Casper invited citizens to attend a District 1 Neighborhood Meeting and Picnic on Saturday, April 27, 2024, at 12:30 p.m., at the Florence Ranch Homestead, 1424 Barnes Bridge Road. 3. Mr. Green encouraged citizens to sign up for Mesquite Alerts to receive real-time notifications with accurate, reliable information regarding emergencies, weather and news that pertains to particular neighborhoods. Citizens can choose to receive alerts via text message, recorded phone message or email.
  18. 17 CITIZENS FORUM
  19. 18 1. Henry Brown, 211 Athel Drive, announced that April is Minority Health Month. The Mesquite NAACP, along with the Hispanic Forum of Mesquite, will host a Mesquite Minority Awareness Health Fair on Saturday, April 27, 2024, from 11:00 a.m. to 3:00 p.m., at Goodbar Recreation Center, 3000 Concord Drive. The public is invited to attend. 2. Sam Hylton, 1713 Chapman Drive, expressed support for the implementation of public transportation in Mesquite, improvement of City streets and removal or renovation of dilapidated buildings.
  20. 19 CITIZENS COMMENTS
  21. 20 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. 21 CONSENT AGENDA
  23. 21 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  24. 22 (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.)
  25. 3 Minutes of the regular City Council meeting held April 1, 2024. 24-7138 Approved Pass
  26. 4 A resolution supporting passage of the Railway Safety Act of 2023 (S.576/H.R.1674) to support America’s first responders and keep trains moving safely in communities. 24-7146 Approved Pass
  27. 5 Bid No. 2024-055 - Lakeside Addition Sanitary Sewer. (Authorize the City Manager to finalize and execute a contract with low bidder Douglas Dailey Construction, LLC in the amount of $1,472,416.00.) 24-7143 Approved Pass
  28. 6 Bid No. 2024-099 - Purchase of One Backhoe for Utilities. (Staff recommends award to RDO Equipment Company, through Sourcewell Contract No. 011723-JDC, in an amount not to exceed $129,657.27.) 24-7136 Approved Pass
  29. 7 Bid No. 2024-100 - Annual Lease Agreement for Accuriopress C4080 Color Printer with Booklet Maker. (Authorize the City Manager to finalize and execute a contract and any required documents with Konica Minolta Business Solutions U.S.A., Inc., through Sourcewell Contract No. 030321-KON, in an amount not to exceed $216,569.20. The term of this lease is for 60 months, subject to annual appropriation of sufficient funds.) 24-7130 Approved Pass
  30. 8 Bid No. 2024-103 - Purchase of Two Roll-Off Trucks for Commercial Solid Waste. (Staff recommends award to Bruckner Truck Sales, through HGAC Contract No. HT06-20, in an amount not to exceed $446,989.00.) 24-7137 Approved Pass
  31. 9 Authorize the Mesquite Fire Department’s participation in the Texas Task Force 1 and 2, approve the Texas Task Force Memorandum of Understanding (MOU) between the City of Mesquite and Texas A&M Engineering Extension Service (TEEX), and authorize the Fire Chief’s execution of the MOU. 24-7134 Approved Pass
  32. 10 Authorize the City Manager to finalize and execute Change Order Nos. 4 and 5 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 $518,985.90. 24-7144 Approved Pass
  33. 11 Authorize the Police Chief to finalize and execute a Task Force Agreement Pertaining to Use of Mesquite Police Department Body-Worn Cameras by Deputized Task Force Officers between the Mesquite Police Department and Drug Enforcement Administration. 24-7145 Approved Pass
  34. 12 Authorize the City Manager to finalize and execute Amendment No. 1 to the Consulting Services Contract with Nathan James Tyler, dba Tin Can Golf Instruction, to provide golf lessons at the Mesquite Golf Club and authorizing four additional one-year renewal options with fees for each renewal year not to exceed $49,500.00, subject to the annual appropriation of sufficient funds. 24-7151 Approved Pass
  35. 13 Approve Amendment No. 3 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 $323,500.00. 24-7135 Approved Pass
  36. 34 PUBLIC HEARINGS
  37. 35 (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.)
  38. 14 Conduct a public hearing to gather input from residents on the proposed changes regarding an update to the Water Conservation Plan and Water Resource and Emergency Management Plan as required by the Texas Commission on Environmental Quality (TCEQ) and the Texas Water Development Board. 24-7140
  39. 15 Conduct a public hearing and consider a resolution supporting Town East Trails Realty, LP’s application to the Federal Home Loan Bank of Dallas for a grant that supports affordable housing for the construction of a 76-unit, senior-restricted affordable multi-family rental housing development to be located at 1220 North Town East Boulevard on the northeast corner of Poteet Drive and Independence Drive and authorizing the City Secretary to certify the Resolution to the Federal Home Loan Bank Board. 24-7141 Approved
  40. 16 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.) 24-7148 Postponed Pass
  41. 38 page break
  42. 17 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.) 24-7139 Postponed Pass
  43. 40 ADJOURNMENT
  44. 40 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  45. 41 NOTICE OF EXECUTIVE SESSION
  46. 42 Pending and Contemplated Litigation
  47. 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: 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. Jeffery Holland and 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
  48. 44 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; Verde Center Partners, LLC; HQZ Partners, L .P.; Lang and Company, LLC; and MCG-124, LLC v. City of Mesquite, Texas, Cause No. DC-24-02668, Filed 02-15-2024
  49. 45 Real Property
  50. 46 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. 48 Personnel Matters
  52. 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.
  53. 50 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. 51 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. 52 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. 53 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. 54 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. 55 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. 56 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. 57 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.