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City Council

March 4, 2024 ·5:00 PM Final

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

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Agenda — 71 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 presentation regarding the Dallas County Inland Port Flood Planning Study. 24-7091
  6. 2 Receive proposed changes to the Utility Billing Office operations. 24-7083
  7. 7 (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.)
  8. 8 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:16 P.M.
  9. 8 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 relocation and expansion at Big Town Boulevard; Item No. 21 - Discuss economic development incentives for a business expansion at Samuell Boulevard; and Item No. 22 - Discuss economic development incentives for a property at Town East Boulevard and Motley Drive); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 6:30 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  10. 9 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. 10 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:36 P.M.
  12. 10 Dallas County Commissioner, Teresa Daniels, spoke regarding partnership between the County and the City.
  13. 3 Receive preliminary financial statements for fiscal year ending September 30, 2023, and financial statements for the first quarter of fiscal year 2023-2024 covering October 1, 2023, through December 31, 2023. 24-7022
  14. 12 page break
  15. 13 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:06 P.M.
  16. 14 INVOCATION
  17. 15 Deron Biles, Pastor, Sunnyvale First Baptist Church, Sunnyvale, Texas.
  18. 16 PLEDGE OF ALLEGIANCE
  19. 17 Mesquite Hiram Bennett Chapter of the Daughters of the Republic of Texas.
  20. 18 SPECIAL ANNOUNCEMENTS
  21. 18 1. Mr. Casper stated that Spring Break for Mesquite Independent School District students and teachers is next week, Monday, March 11 – Friday, March 15, 2024. The Parks and Recreation Department will host Spring Break Kidz Camp from 7:00 a.m. to 6:00 p.m., at Dunford Recreation Center, 1015 Green Canyon Drive. This camp is designed for kids in Kindergarten through 6th grade. Participants will play games and sports, make crafts and take a special field trip to Nickelrama Video Game Arcade. Campers can sign up for one day or the entire week. The cost per day is $20.00 for Mesquite residents and $30.00 for non-residents. Registration ends on Friday, March 8. The Mesquite Arts Center, 1527 North Galloway Avenue, will host Just for Kids Spring Break Camp and will feature a week full of creating Spring art projects, including painting, mixed media and sculpture. Instructors from Cara Mia Theatre in Dallas will teach the camps in English and Spanish. Kids ages 6 to 9 will participate from 10:00 a.m. to 11:30 a.m., and ages 10 to 16 will participate from 12:30 p.m. to 2:00 p.m. The cost is $50.00 per student. 2. Mr. Green stated that the City of Mesquite will hold a public meeting tomorrow night, March 5, 2024, regarding plans for the reconstruction of La Prada Drive from Motley Drive to Pinehurst Lane. The meeting will begin at 7:00 p.m., in the cafeteria, at Shands Elementary School, 4836 Shands Drive. City staff will present information, exhibits of the proposed schematic plans and the public will have an opportunity to review plans and discuss the project with City representatives in breakout stations. For more information, contact City Engineer John Mears at 972-216-6974 or jmears@cityofmesquite.com. 3. Mr. Green invited citizens to a District 2 Neighborhood Meeting on Saturday, March 23, 2024, at 10:00 a.m., at Florence Recreation Center, 2501 Whitson Way. 4. Ms. Rodriguez-Ross stated that the North Texas Municipal Water District (NTMWD) provides water to many communities, including Mesquite. Every March, NTMWD conducts system maintenance to ensure the safety of our drinking water. Part of this maintenance process is a change in the disinfectant make-up of the water. NTMWD has performed this process for more than 15 years. Disinfection is a critical part of the water treatment process that keeps drinking water free of harmful microorganisms. Water customers with questions or concerns can call 972-442-5405 or visit www.NTMWD.com/SafeWater for more information. 5. Ms. Rodriguez-Ross invited citizens to attend the Mesquite Arts Center’s Courtyard Concert Series. The series will open on Thursday, March 7, 2024, from 7:00 p.m. to 9:00 p.m., in the Mesquite Arts Center Courtyard, 1527 North Galloway Avenue. The unique band, Beyond The Pale, will be featured and is described as “delivering a wild musical ride outside the boundaries of convention.” Beyond The Pale has been delighting audiences for more than 20 years and is grounded in the traditional music of Ireland and Scotland with imaginative ventures across musical borders.
  22. 19 6. Mr. Boroughs stated that today, the City’s Solid Waste Division began a new focus for trash collection called “Driveway Service.” Trash is now collected at the end of residents’ driveways, which was a change for approximately 7,700 homes. 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 let Solid Waste know they need help putting out their trash. The main thing to remember is that wherever your driveway is, your trash will be picked up there. Residents can visit www.cityofmesquite.com/solidwaste to see maps of the areas affected by the change. 7. Mr. Boroughs invited citizens to attend a District 4 Neighborhood Meeting on Thursday, March 7, 2024, at 7:00 p.m., at Evans Recreation Center, 1116 Hillcrest Street. 8. Mr. Boroughs stated that he recently attended meetings of the Planning and Zoning Commission and Mesquite Quality of Life Corporation and thanked the board members for their service to the City. 9. Mr. Smith invited citizens to join Historic Mesquite, Inc., on Saturday, March 23, 2024, for back-to-back events at the Opal Lawrence Historical Barn, 711 East Kearney Street. A Vintage Car Show will be held from 3:00 p.m. to 6:00 p.m. Showcase your beloved classic car with the legendary Lawrence home as a backdrop. Trophies and prizes will be awarded. Then a Drive-In Movie will be shown from 7:00 p.m. to 10:00 p.m. Enjoy an evening under the stars with the 1978 classic film, Grease, and have fun playing pre-movie trivia games for prizes. The admission for the Drive-In Movie is $25.00 per car. 10. Mr. Murden announced that for the eighth consecutive year, the City of Mesquite’s Economic Development Department has received the Economic Excellence Recognition Award from the Texas Economic Development Council. Mesquite was one of 71 recipients of the 2023 Economic Excellence Recognition Award out of more than 600 economic development organizations in Texas. He congratulated Director of Economic Development Kim Buttram and her team along with the Mesquite Economic Development Advisory Board for their expertise and commitment to the City of Mesquite. 11. Mr. Murden invited citizens to a District 6 meeting on Thursday, March 28, at 7:00 p.m., at B. J. Smith Elementary School, 2300 Mesquite Valley Road. 12. Mayor Alemán stated that more than 80 people participated in the 7th Annual Neighborhood Summit on Saturday, February 24, 2024, to discuss how to better engage with City departments and within their own neighborhoods. Almost every neighborhood in Mesquite was represented by their block captain or leader. He thanked everyone who took part in this important event. 13. Mayor Alemán stated that March is Women’s History Month and the City of Mesquite will be featuring tributes to notable women in our community on the City’s social media accounts. Programming for Women’s History Month will also include an event on Monday, March 11, 2024, at the North Branch Library, 2600 Oates Drive. The Crafty Chapters Book Club will discuss favorite books and series written by women authors at 2:00 p.m. All month, the Arts Center will include Women’s History Month-focused projects in its free Tote-and-Go kits for kids, featuring female artists. Other Women’s History Month recognitions will include Downtown Mesquite highlighting women-owned businesses on its social media channels during March, and the Mesquite Library will feature special Women’s History Month displays. 14. Mayor Alemán announced that today is City Manager Cliff Keheley’s birthday and everyone sang Happy Birthday to him.
  23. 20 CITIZENS FORUM
  24. 21 1. Deshaun Mitchell, 901 West Cartwright Road, spoke in favor of the City providing more options for semi-truck parking. 2. Dr. Terri White, 505 Riggs Circle, spoke regarding air pollution and in favor of sustainability initiatives. 3. Sharon Davenport, 4804 Blue Cap Court, expressed concerns regarding traffic and road conditions.
  25. 22 CITIZENS COMMENTS
  26. 22 page break
  27. 23 1. Dr. Terri White, 505 Riggs Circle, expressed concerns regarding the Inland Port of Dallas County Local Government Corporation, Inc.
  28. 24 CONSENT AGENDA
  29. 25 (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. 4 Minutes of the regular City Council meeting held February 19, 2024. 24-7065 Approved Pass
  31. 26 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  32. 5 An ordinance providing for the abandonment of approximately 1,470.3 linear feet of three separate fifteen-foot utility easements all generally located south of Military Parkway and its intersection with Gross Road, for development of Class A industrial buildings. 24-7057 Approved Pass
  33. 6 A resolution authorizing continued partnership in the ATMOS Cities Steering Committee and authorizing the payment of five cents per capita to the ATMOS Cities Steering Committee to fund regulatory and related activities related to ATMOS Energy Corporation. 24-7080 Approved Pass
  34. 7 A resolution authorizing the creation of the Inland Port of Dallas County Local Government Corporation, Inc. as a local government corporation, approving the form of Certificate of Formation for said corporation, approving the form of bylaws for said corporation and appointing the initial members of the Board of Directors of said corporation. 24-7095 Approved Pass
  35. 8 Bid No. 2024-014 - Mesquite Heritage Trail, Phase II. (Authorize the City Manager to finalize and execute a contract with Urban Infraconstruction, LLC, in the amount of $6,845,385.80.) 24-7052 Approved Pass
  36. 9 Bid No. 2024-083 - Annual Supply of Vehicle and Equipment Batteries. (Staff recommends award to O’Reilly Auto Enterprises LLC dba O’Reilly Auto Parts, through Sourcewell Contract No. 032521-ORA, in the amount of $100,000.00. 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.) 24-7076 Approved Pass
  37. 10 Approve Amendment No. 1 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 $185,000.00. 24-7061 Approved Pass
  38. 11 Approve Amendment No. 1 to the 2023-24 Police Treasury 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 $8,200.00. 24-7062 Approved Pass
  39. 12 Authorize the Mesquite Police Department’s participation in the Dallas Violent Crime Task Force, approve the Dallas Violent Crime Task Force Memorandum of Understanding (MOU) and Cost Reimbursement Agreement (Agreement) between the City of Mesquite and the Federal Bureau of Investigation, and authorize and ratify the Police Chief’s execution of the MOU and Agreement. 24-7066 Approved Pass
  40. 13 Authorize the City Manager to finalize and execute (1) Consent to Assignment of Ground Lease with WRE Hangar 1680, LLC and Sundance MC, LLC, and (2) Consent to Assignment of Ground Lease with Sundance MC, LLC and Colmet Aviation 1680 LLC. 24-7087 Approved Pass
  41. 14 Approve the purchase of a tract of land containing approximately 15.87 acres and being located in the W.W. Bruton Survey, Abstract No. 160, City of Mesquite, Dallas County, Texas, and being commonly referred to as 2105 Lawson Road and 2900 Berry Drive (the “Property”) from White Orchid Holding Co. (the “Seller”) for the purchase price of $500,000.00, plus closing costs, and authorize the City Manager to finalize and execute a Real Estate Sales Contract between the Seller and the City for the purchase of the Property, and to execute all other documents and take all other actions necessary or requested to finalize the closing and purchase of the Property. 24-7089 Approved Pass
  42. 37 page break
  43. 37 page break
  44. 38 APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES
  45. 38 CONSENT AGENDA ITEM(S) CONSIDERED SEPARATELY
  46. 15 Consider appointment of one Regular Member (Position No. 6) to the Planning and Zoning Commission/Capital Improvements Advisory Committee/Airport Zoning Commission for a term to expire December 31, 2024. 24-7081 Approved Pass
  47. 16 Consider appointment of 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, to the Board of Adjustment/Airport Board of Adjustment. 24-7082 Approved Pass
  48. 40 END OF CONSENT AGENDA
  49. 41 PUBLIC HEARINGS
  50. 42 (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.)
  51. 17 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1223-0340, submitted by Maxwell Fisher of ZoneDev, for a Comprehensive Plan amendment from Public/Semi-Public to High Density Residential and a change of zoning from Planned Development - R-1, Residential Single-Family (Ordinance No. 4119) to Planned Development - A-3 Multifamily to allow a 288-unit apartment complex with modifications, located at 1410 Wooded Lake Drive. (One response in favor and none 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.) 24-7078 Approved
  52. 18 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0223-0289, submitted by Shell Craft LLC, on behalf of Lawson I-20 Holdings LLC, for a Comprehensive Plan amendment from Commercial to High Density Residential and a change of zoning from Light Commercial to Planned Development - A-3 Multifamily and General Retail to allow multifamily and general retail development with 322 dwelling units, retail, restaurant and service uses, located at 5000 and 5001 Lawson Road, and 13800, 13900 and 14600 Interstate 20. (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 denial of the application.) 24-7077
  53. 19 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1223-0339, submitted by Bohler Engineering TX, LLC on behalf of Dosti Mesquite, LLC for a Comprehensive Plan amendment from Commercial to High Density Residential and a change of zoning from Agricultural to Planned Development - A-3 Multifamily to allow a 310-unit apartment complex with modifications, located at 5801 Shannon Road. (No responses 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 denial.) 24-7079 Denied Pass
  54. 46 ADJOURNMENT
  55. 47 NOTICE OF EXECUTIVE SESSION
  56. 48 Pending and Contemplated Litigation
  57. 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 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. 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 v. City of Mesquite, Cause No. DC-24-00034, Filed 01-02-2024 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
  58. 49 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  59. 50 Personnel Matters
  60. 51 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
  61. 52 page break
  62. 53 Economic Development
  63. 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:
  64. 58 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  65. 59 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).
  66. 60 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.
  67. 61 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.
  68. 62 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.
  69. 63 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.
  70. 64 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.
  71. 65 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.