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City Council

March 18, 2024 ·5:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 66 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 proposed changes to the Utility Billing Office operations. 24-7107
  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. 6 EXECUTIVE SESSION - TRAINING ROOMS A&B - 5:53 P.M.
  8. 7 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:07 P.M.
  9. 7 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 (Receive update on pending and contemplated litigation cases); whereupon, the City Council proceeded to meet in Training Rooms A&B. After the closed meeting ended at 6:07 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  10. 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
  11. 9 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:12 P.M.
  12. 2 Receive presentation of 2023 Meritorious Awards to Fire Department employees. 24-7108
  13. 11 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  14. 12 INVOCATION
  15. 13 Douglas Herrell, Pastor, Family Cathedral of Praise, Mesquite, Texas.
  16. 14 PLEDGE OF ALLEGIANCE
  17. 15 City Staff.
  18. 16 SPECIAL ANNOUNCEMENTS
  19. 17 1. Mr. Murden invited citizens to attend a free, family-friendly concert, “Mesquite Rocks,” on Thursday, March 21, 2024, from 7:00 p.m. to 9:00 p.m., at the Mesquite Arts Center Courtyard, 1527 North Galloway Avenue, featuring the Elton Johns. 2. Mr. Murden invited citizens to a District 6 Neighborhood Meeting on Thursday, March 28, 2024, at 7:00 p.m., at B. J. Smith Elementary School, 2300 Mesquite Valley Road. 3. Mr. Smith stated that Spring weather in North Texas changes rapidly and the best way to stay “in the know” is by signing up for Mesquite Alerts. Through Mesquite Alerts, you will receive real-time notifications with accurate, reliable information to keep you safe regarding emergencies, weather and news that pertains to your particular neighborhood. And when you sign up, you can choose whether you want to receive these alerts through text message, recorded phone message or email. Your contact information remains private and will only be used for community notifications. 4. Mr. Smith invited citizens to attend a Rutherford Crime Watch meeting on Thursday, March 21, 2024, at 7:00 p.m., at Rutherford Recreation Center, 900 Rutherford Drive.
  20. 17 5. Mr. Boroughs stated that part of the Get Fit Mesquite self-improvement program that the City launched this year is financial fitness. The City is hosting a workshop called “Your Credit and Tips for Improvement” in two sessions on Wednesday, March 20, 2024, from Noon to 1:00 p.m. and from 6:00 p.m. to 7:00 p.m. Both sessions will be held at City Hall, 757 North Galloway Avenue, in Training Rooms A&B, and will be led by Jennifer Salazar of Fairway Mortgage. Attendees will learn about credit scoring, financial myths, requirements to purchase a home and tips to improve your credit. 6. Mr. Boroughs invited residents to the next Town Hall Tuesday meeting on Tuesday, March 26, 2024, at 6:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A&B. City Manager Cliff Keheley will lead the meeting, which will include a question and answer session and cookies. 7. Ms. Rodriguez-Ross stated that the annual Rodeo Parade will be held on Saturday, April 6, 2024, at 10:00 a.m., in Downtown Mesquite. The parade and rodeo have evolved since the 1950’s into a celebration of the City’s rodeo heritage. The rodeo now includes a Kids’ Bull Riding Championship, a Women’s Rodeo, a Hispanic Rodeo, a Black Rodeo and more as the City continues to become more diverse. This year, the Rodeo Parade happens to fall on the weekend before the total solar eclipse on Monday, April 8, 2024. One of the awards for parade floats will be “Best Solar Eclipse Theme.” Also, a prize will be given for best overall float. Entry is open to all local civic clubs, community groups, sports teams, school clubs and businesses. The fee to enter is $40.00 and registration ends on Wednesday, April 3, 2024. 8. Mr. Green stated that on Monday, March 4, 2024, the City began a new focus for trash collection called “Driveway Service.” Trash is now collected at the end of the residents’ driveways. Making this change will save taxpayers money and improve City services. Collection days are not changing and the City will continue to assist elderly and disabled residents who notify the Solid Waste Division for help to put their trash out for collection. The main thing to remember is that wherever your driveway is, your trash will be picked up there. Residents can visit www.cityofmesquite.com/DrivewayService to view maps of the areas affected by the change. 9. Mr. Green invited citizens to attend a District 2 Neighborhood Meeting on Saturday, March 23, 2024, at 10:00 am., at Florence Recreation Center, 2501 Whitson Way. 10. Mr. Casper invited citizens to attend the Spring Fling Carnival and Car Show on Thursday, March 28, 2024, from 5:30 p.m. to 7:00 p.m., at Vanguard High School, 4201 Faithon P. Lucas, Sr., Boulevard. The vehicle entry fee to participate in the car show is $20.00 and all proceeds benefit the Vanguard High School Automotive Department. The Spring Fling Carnival is a free, family-friendly event and will include an egg hunt, carnival games, concessions, pictures with the Easter Bunny and much more. 11. Mr. Casper announced that the annual Bunny EGGstravaganza will be held on Saturday, March 30, 2024. This free, family-friendly celebration will be from 9:00 a.m. to 1:00 p.m., at Evans Recreation Center, 1116 Hillcrest Street. Bunny EGGstravaganza will feature two egg hunts for kids - one starting at 10:00 a.m. and then at 12:00 p.m. Both egg hunts will be organized by age groups. This year, some eggs will contain special coupons from Nothing Bundt Cakes for a free treat. Other activities will include free pictures with the Easter Bunny, a balloon artist, face painting and bounce houses. Attendees also can pick up a free Whataburger taquito – only one per person – and the first 500 people will receive free Scooter’s Coffee. 12. Mr. Casper stated that Mesquite’s Summer Youth Internship Program is a paid internship program for high school students. The program helps young people acquire the skills and training necessary to transition into college and future careers. He invited citizens to attend an information session for students and parents on Friday, April 5, 2024, at 4:30 p.m., at the Mesquite Main Library, 300 West Grubb Drive. Also, if you are a business owner or operate a non-profit organization, the City would like to partner with you to place an intern with your company over the summer. For more information, visit www.cityofmesquite.com/SYIP. 13. Mayor Alemán stated that March is Women’s History Month and the City is sharing posts on social media regarding the amazing women who have helped shape our community. That includes Councilmember Elizabeth Rodriguez-Ross, who was featured on Thursday, March 14, 2024. She made history in 2023 as the first Hispanic woman elected to the City Council. Today, there was a tribute posted regarding the City’s Municipal Court Judge Detra Hill. Judge Hill broke two barriers when she was appointed to the post in 2020. She is the first woman and first African-American person in the City’s history to reside over the court. To see these posts and the ones coming up, look for the City of Mesquite, Texas, on Facebook, Instagram, X (formerly Twitter) and NextDoor. 14. Mayor Alemán stated that the “Solar Rodeo” weekend is rapidly approaching. A little less than a month from now, tens of thousands of visitors will flock to North Texas to view the total solar eclipse that is happening on the afternoon of Monday, April 8, 2024. Mesquite is a prime viewing location for this incredible astronomical event. The eclipse will last for four minutes and eight seconds in Mesquite – longer than most cities in the Metroplex. To make sure visitors and residents enjoy this time, the Solar Rodeo provides a weekend full of activities for the entire family. Events include the Rodeo Parade and the opening of the Downtown Farmers Market on Saturday, April 6, 2024, and a Tejano music festival at the Mesquite Arena, 1818 Rodeo Drive, on Sunday, April 7, 2024. There will be multiple eclipse-watching parties on Monday, April 8, 2024, at various locations including Paschall Park, Front Street Station, Mesquite Arts Center and Opal Lawrence Historical Park. For more events, visit TheSolarRodeo.com. The City is already preparing the public safety plans so that everyone can come to Mesquite and enjoy this once-in-a-lifetime experience. Keep an eye on the City’s social media accounts for tips for residents and business owners regarding how to navigate through town during this busy weekend. 15. Mayor Alemán invited Fire Department Battalion Chief Phil Cunningham to share a few words regarding the Multiple Dystrophy Association (MDA) Fill-the-Boot Campaign. Chief Cunningham announced that this year marks the 70th Anniversary between the MDA and Firefighters across the nation. Last year, just in Texas, over $1.1 million was raised for MDA and in the City of Mesquite, over $26,000.00 was raised. The campaign will be held on Friday, March 29, 2024, Friday, April 5, 2024, and Friday, April 12, 2024. Firefighters will be collecting donations on street corners from 7:30 a.m. to 8:30 a.m. each morning and from 4:00 p.m. to 6:00 p.m. each afternoon. He thanked citizens for their continued support of MDA and stated that all money collected is used toward research and summer camps for kids with Firefighters serving as camp counselors. He thanked Mr. Boroughs for his long-time support of MDA and for volunteering at the summer camps. Mr. Boroughs kicked off the campaign by making the first donation followed by other Councilmembers and City staff.
  21. 18 CITIZENS FORUM
  22. 19 1. Vivian Johnson, 4538 Live Oak Drive, expressed concerns regarding the intersection at Galloway Avenue and IH-30.
  23. 20 CITIZENS COMMENTS
  24. 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.
  25. 21 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  26. 22 CONSENT AGENDA
  27. 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.)
  28. 3 Minutes of the regular City Council meeting held March 4, 2024. 24-7104 Approved Pass
  29. 4 Bid No. 2024-029 - Annual Contract for Emergency Vehicle Equipment Installation. (Authorize the City Manager to finalize and execute a contract with MAL Technologies Fleet, LLC, through BuyBoard Contract No. 698-23, in an amount not to exceed $600,000.00. The term of the contract is for a one-year period, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to annual appropriation of funds.) 24-7102 Approved Pass
  30. 5 RFP No. 2024-046 - Annual Contract for High-Performance Network & Specialty Care Management Services. (Authorize the City Manager to finalize and execute a contract with Employer Direct Health in an amount not to exceed $300,000.00. The term of the 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 the annual appropriation of sufficient funds.) Approved Pass
  31. 6 Bid No. 2024-087 - Purchase of Fire Protective Clothing for Fire Operations Personnel. (Staff recommends award to Municipal Emergency Services, Inc., through Sourcewell Purchasing Cooperative Contract No. 032620, in an amount not to exceed $270,000.00.) 24-7088 Approved Pass
  32. 7 Bid No. 2024-095 - Facility Assessment and Management Software. (Authorize the City Manager to finalize and execute a subscription agreement and necessary addendums with Brightly Software Inc., through Sourcewell Cooperate Purchasing Contract No. 090320-SDI, in an amount not to exceed $192,675.48.) 24-7114 Approved Pass
  33. 8 Authorize the City Manager to execute a Lease Agreement with Texas A&M Engineering Extension Service (TEEX) for a 33.2-acre site located at IH-20 and Lumley Road to be utilized as TEEX’s North Texas Regional Training Center. 24-7099 Approved Pass
  34. 9 Authorize the City Manager to finalize and execute an Agreement for Award of Transportation Development Credits between the Regional Transportation Council (RTC) and City of Mesquite. 24-7100 Approved Pass
  35. 30 page break
  36. 10 Authorize the City Manager to finalize and execute a contract with Data Transfer Solutions, LLC, to prepare a pavement assessment in the amount of $225,992.00. 24-7103 Approved Pass
  37. 11 Authorize the City Manager to finalize and execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for development of Traffic Signal Design Plans in the amount of $250,000.00. 24-7110 Approved Pass
  38. 12 Authorize the City Manager to execute a Professional Services Contract with On Duty Health - Texas, PLLC, to provide annual medical and physical assessment services for City of Mesquite employees in an amount not to exceed $250,000.00, for a one-year term. 24-7106 Approved Pass
  39. 34 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
  40. 13 Consider appointment of one Regular Member (Position No. 7) to the Planning and Zoning Commission/Capital Improvements Advisory Committee/Airport Zoning Commission for a term to expire December 31, 2025, one Alternate Member (Alternate No. 1) for a term to expire December 31, 2025, and one Alternate Member (Alternate No. 2) for a term to expire December 31, 2024. 24-7112 Approved Pass
  41. 36 PUBLIC HEARINGS
  42. 37 (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. 14 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance adopting Standards of Care associated with the City’s recreation programs titled “2024 Youth Programs Standards of Care” and repealing Ordinance No. 5012. 24-7105 Approved Pass
  44. 15 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0124-0343, submitted by Jose Vazquez, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a body art/decoration business with a modification to allow the use within 1,000 feet of a parcel that is zoned residential, located at 3501 Gus Thomasson Road, Suite 31. (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.) 24-7098 Approved Pass
  45. 16 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 Agreement (Chapter 380 Agreement) with Town East Shopping Center, LLC, a Texas limited liability company, for the major renovation and redevelopment of the property located at 3301 North Town East Boulevard, 2937 Motley Drive, and 2945 Motley Drive, Mesquite, Texas 75150, in the City of Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City. 24-7092 Approved Pass
  46. 40 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. 17 – Discuss economic development incentives for a business relocation on Scyene Road in Mesquite, Texas.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:13 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  47. 41 ADJOURNMENT
  48. 41 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:13 P.M.
  49. 42 NOTICE OF EXECUTIVE SESSION
  50. 42 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 9:46 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  51. 43 Pending and Contemplated Litigation
  52. 44 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
  53. 44 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  54. 45 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023 7. Michael L. Fogarty, April M.C, Gomez and Victor Gomez v. City of Mesquite/Fire Dept, Mesquite EMTS, Kris Kyle; South Mesquite Regional Hospital, Cause No. DC-23-16587, Filed 09-28-2023 8. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 9. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 10. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 11. Avery Fuentes v. Jeffery Holland and City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 12. 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 13. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 14. 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
  55. 46 Personnel Matters
  56. 47 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
  57. 48 Economic Development
  58. 49 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:
  59. 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.
  60. 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).
  61. 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.
  62. 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.
  63. 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.
  64. 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.
  65. 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.
  66. 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.