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City Council

February 19, 2024 ·5:45 PM Final

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

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Agenda — 68 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 - 5:45 P.M.
  3. 3 AGENDA REVIEW
  4. 4 (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.)
  5. 5 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:45 P.M.
  6. 6 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
  7. 7 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  8. 8 INVOCATION
  9. 9 Drew Hastings, Pastor, Family Cathedral of Praise, Mesquite, Texas.
  10. 10 PLEDGE OF ALLEGIANCE
  11. 10 1. Mr. Murden stated that the City has been celebrating Black History Month and honoring the contributions of African Americans. He thanked all who attended the educational event he hosted this past Saturday, February 17, 2024. The next event is Historic Mesquite, Inc.’s “Diversity in the West: Buffalo Soldiers” on Saturday, February 24, 2024, from 10:00 a.m. to 2:00 p.m., at Opal Lawrence Historical Park, 701 East Kearney Street. This free program is a living history reenactment that will explain how Buffalo Soldiers got their name and what their role was in settling the American West. Come see real Buffalo Soldier gear, uniforms and tents. This event will also include a presentation on “The Economic Impact of Black Cowboys: Yesterday & Today.” 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 the City of Mesquite receives water from the North Texas Municipal Water District (NTMWD), which serves many communities in our area. Every March, the 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. The 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, such as parasites and viruses. The City’s Utility Division works closely with the NTMWD throughout the process. Water customers with questions or concerns can contact the NTMWD at 972-442-5045 or visit www.NTMWD.com/SafeWater for more information.
  12. 11 City of Mesquite Engineers.
  13. 12 SPECIAL ANNOUNCEMENTS
  14. 13 4. Mr. Smith reminded residents that it is illegal to allow your dog to run at large and to make sure your fences are secure. 5. Mr. Boroughs invited citizens to join Keep Mesquite Beautiful, Inc., (KMB) on Saturday, March 2, 2024, at Town East Mall, from 2:00 p.m. to 4:00 p.m., for the Spring Recycled Art Contest and Fashion Show. This year’s theme is “Monarch Madness.” Students of all ages and businesses, groups and organizations are invited to show their created artwork and costumes made from recycled materials. KMB is also hosting a spring wildflower planting event at the Paschall Park Butterfly Trail on Saturday, March 9, 2024, from 9:00 a.m. to Noon. Join KMB to clean up, sow seeds and plant pollinator plants. 6. Mr. Boroughs invited citizens to a District 4 Neighborhood Meeting on Thursday, March 7, 2024, at 7:00 p.m., at Evans Recreation Center, 1116 Hillcrest Street. 7. Ms. Rodriguez-Ross invited citizens to a District 3 Neighborhood Meeting on Thursday, February 22, 2024, at 7:00 p.m., at Galloway Elementary School, 200 Clary Drive. 8. Ms. Rodriguez-Ross invited all residents to the 7th Annual Neighborhood Summit on Saturday, February 24, 2024. Participants will learn how to get involved with the City and their neighborhood. The event will be held at the Mesquite Independent School District (MISD) Professional Development Center, 3819 Towne Crossing Boulevard, and will feature guest speakers and more to educate and provide helpful tips. Breakfast, registration and networking will begin at 8:15 a.m. and the program will take place from 9:00 a.m. to 1:00 p.m. 9. Ms. Rodriguez-Ross invited the community to a litter collection event at Blackwood Park, 3200 Parkside Drive, on Saturday, March 2, 2024, at 10:00 a.m. 10. Mr. Green stated that now through February 25, 2024, the Mesquite Arts Theatre will present “She Loves Me.” a romantic-ish musical comedy. Come see the story of two combative shop clerks who are not aware that they are recipients of each other’s secret love letters. This light-hearted musical is based on a play that also inspired the movie, “You’ve Got Mail.” “She Loves Me” will be held in the Black Box Theatre on Friday and Saturday evenings and on Sunday afternoons. For details regarding show times and to purchase tickets, please visit www.mesquiteartstheatre.org. 11. 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. 12. Mr. Casper stated that as a teacher, students, parents and teachers are already looking forward to Spring Break. The City’s Parks and Recreation Department provides fun and affordable camps during MISD breaks. Spring Break Kidz Camp will be held Monday, March 11, 2024, through Friday, March 15, 2024. Kids in Kindergarten through 6th grade will have fun gathering with friends, playing games and sports and making crafts. This year, the Camp will include a special field trip on Thursday, March 14, 2024, to Nickelrama Video Game Arcade. Parents can register their kids for a few days or the entire week. The cost per day is $20.00 for Mesquite residents and $30.00 for non-residents. The Camp will be held at Dunford Recreation Center, 1015 Green Canyon Drive, from 7:00 a.m. to 6:00 p.m. Registration ends on Friday, March 8, 2024. Find out more or register online at www.cityofmesquite.com/HolidayCamps. 13. Mayor Alemán stated that on Monday, March 4, 2024, the City’s Solid Waste Division will begin a new focus for trash collection called “Driveway Service.” This means that trash will be collected at the end of residents’ driveways. This change will effect approximately 7,700 homes. Wherever your driveway is, whether that is in the front or in the back of your home, that is where your trash will be picked up. Making this change to trash collection will save taxpayers money and improve services. Collection days will not change and the City will continue to assist elderly and disabled residents who let Solid Waste know they need help putting out their trash. Visit www.cityofmesquite.com/solidwaste to see maps of the areas affected by the change. 14. Mayor Alemán addressed the incident that occurred today at Pioneer Technology and Arts Academy. He stated that fast actions of the school administrators, Mesquite Police Department and Mesquite Fire Department saved lives today in Mesquite. He stated that this is an active investigation and asked for the public’s patience. Once the investigation is complete, more information will be released. Mayor Alemán requested prayers for everyone involved in today’s incident.
  15. 14 page break
  16. 15 CITIZENS FORUM
  17. 15 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  18. 16 1. Karen Lassiter, 3104 Mountcross Road, expressed concerns regarding the sewer line at her house. 2. Vivian Johnson, 4538 Live Oak Drive, expressed concerns regarding signage at Galloway Avenue and IH-30.
  19. 17 CITIZENS COMMENTS
  20. 18 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.
  21. 19 CONSENT AGENDA
  22. 20 (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.)
  23. 1 Minutes of the regular City Council meeting held February 5, 2024. 24-7056 Approved Pass
  24. 2 A resolution authorizing the City Manager to execute the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson; authorizing an equitable redistribution of grant funds thereby reducing Mesquite’s formula allocation to the revised amount of $32,012.93, designating the City of Dallas as the applicant and fiscal agent and designating the Police Chief of the City of Mesquite as the responsible officer for the purpose of signing all documents associated with the grant. 24-7040 Approved Pass
  25. 3 A resolution authorizing the City Manager to execute the 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson; authorizing an equitable redistribution of grant funds thereby reducing Mesquite’s formula allocation to the revised amount of $36,554.95, designating the City of Dallas as the applicant and fiscal agent and designating the Police Chief of the City of Mesquite as the responsible officer for the purpose of signing all documents associated with the grant. 24-7041 Approved Pass
  26. 4 RFP No. 2023-137 - Construction Manager-at-Risk (CMaR) Services for the Construction of New Fire Station No. 8. (Authorize the City Manager to finalize and execute a contract with Crossland Construction Company, Inc., in connection with the design (Phase I) of New Fire Station No. 8 in the amount of $20,000.00.) 24-7048 Approved Pass
  27. 5 RFP No. 2023-138 - Construction Manager-at-Risk (CMaR) services for the Construction of a Public Safety Training Facility. (Authorize the City Manager to finalize and execute a contract with Crossland Construction Company, Inc., in connection with the design (Phase I) of a Public Safety Training Facility in the amount of $12,500.00.) 24-7055 Approved Pass
  28. 6 RFP No. 2023-141- Construction Services for Construction of New Fire Station No. 2. (Authorize the City Manager to finalize and execute a contract with AUI Partners, LLC, in the amount of $9,649,220.00.) 24-7054 Approved Pass
  29. 7 RFP No. 2024-015 - Annual Contract for Paint and Body Services. (Authorize the City Manager to finalize and execute a contract with Town East Ford, LLC, in the amount of $215,100.00. The term of the contract is for a one-year period with four additional one-year renewal options, subject to annual appropriation of sufficient funds.) 24-7051 Approved Pass
  30. 8 RFP No. 2024-019 - City Lake Aquatic Center Renovation: Site Amenities. (Authorize the City Manager to finalize and execute a contract with PBS Construction LLC, in an amount not to exceed $260,325.00.) 24-7058 Approved Pass
  31. 9 Bid No. 2024-030 - Annual Supply of 45-Gallon Edge Trash Carts. (Authorize the City Manager to finalize and execute a contract with Duramax Holdings LLC, dba Otto Environmental Systems, through Houston-Galveston Area Council (H-GAC) Contract No. RC01-21, in the amount not to exceed $346,256.00. The term for this contract is for a one-year period.) 23-6984 Approved Pass
  32. 10 RFQ No. 2024-039 - Architectural Services for the Design and Construction of New Fire Station No. 8. (Authorize the City Manager to finalize and execute a contract with Brown Reynolds Watford Architects, Inc., for services in connection with the design of the new Fire Station No. 8 in an amount not to exceed $1,297,400.00.) 24-7047 Approved Pass
  33. 11 RFQ No. 2024-039 - Architectural Services for the Design and Construction of the New Public Safety Training Facility. (Authorize the City Manager to finalize and execute a contract with Brown Reynolds Watford Architects, Inc., for services in connection with the design of the New Public Safety Training Facility in an amount not to exceed $509,625.00.) 24-7067 Approved Pass
  34. 12 Bid No. 2024-063 - Annual Supply of Duplicating Papers. (Staff recommends award to low bidder Western BRW Paper Company in the amount of $138,151.75. The term 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.) 24-7029 Approved Pass
  35. 13 Bid No. 2024-077 - Purchase of Five Dodge Chargers. (Staff recommends award to Grapevine Dodge Chrysler Jeep, through the BuyBoard Contract No. 724-23, in an amount not to exceed $193,326.00.) 24-7044 Approved Pass
  36. 14 Bid No. 2024-078 - Purchase of Two Replacement Ford Interceptors. (Staff recommends award to Silsbee Ford, Inc., through The Interlocal Purchasing System (TIPS) Contract No. 210907, in an amount not to exceed $108,502.00.) 24-7046 Approved Pass
  37. 15 Bid No. 2024-080 - Purchase of Three Ford Explorers. (Staff recommends award to Silsbee Ford, Inc., through The Interlocal Purchasing System (TIPS) Contract No. 210907, in an amount not to exceed $119,056.50.) 24-7050 Approved Pass
  38. 16 Authorize the City Manager to finalize and execute an Office and Hangar Lease with Marcus Air, LLC, for space at the Mesquite Metro Airport. 24-7032 Approved Pass
  39. 17 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Freeman-Millican, Inc., for the Trinity Pointe Mesquite Elevated Tank in the City of Mesquite within Kaufman County, in the amount of $654,500.00. 24-7049 Approved Pass
  40. 18 Authorize the City Manager to finalize and execute Change Order Nos. 1, 2 and 3 to Bid No. 2023-057, Utility Relocation for IH-635 at US Highway 80 Interchange, with BRCT, LLC dba Black Rock Construction for additional services required in the total amount of $162,317.21. 24-7043 Approved Pass
  41. 19 Authorize the Mayor to execute a Second Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Attorney David Paschall. 24-7064 Approved Pass
  42. 20 Ratify the purchase of Four Ford Pickups included in Bid No. 2024-048, Purchase of Seven Ford Pickups, from Sam Pack’s Five Star Ford, through Texas Smart Buy Contract No. 070M1, in the amount of $172,469.25. 24-7053 Approved Pass
  43. 41 PUBLIC HEARINGS
  44. 21 A. Conduct a public hearing under Chapter 311 of the Texas Tax Code to consider approving a Third Amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20 Business Park) (the “Zone”) and increasing the total estimated project costs for the Zone. B. Consider an ordinance approving a Third Amended Project Plan and Reinvestment Zone Financing Plan for Reinvestment Zone Number Twelve, City of Mesquite, Texas (IH-20 Business Park) (the “Zone”) and increasing the total estimated project costs for the Zone. 24-7060 Approved Pass
  45. 22 Conduct a public hearing and consider a resolution approving a First Amendment to TIRZ No. 12 Reimbursement Agreement and Performance Agreement with MSAP 216, LLC, and 42 BP, LP (Collectively the Developer) and the Board of Directors of Reinvestment Zone No. 12, City of Mesquite, Texas (IH-20 Business Park) (TIRZ) and the City of Mesquite, Texas, regarding the Developer’s construction of an approximately 217-acre Class A Industrial Development in the TIRZ located at 229, 231, and 1600 Lawson Road, Mesquite, Texas, and the granting to the Developer of certain TIRZ reimbursements, 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 First Amendment, and administer the First Amendment on behalf of the City. 24-7007 Approved Pass
  46. 23 Conduct a public hearing and consider a resolution supporting Northwest Drive Senior Living Mesquite, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 90-unit senior restricted affordable multi-family rental housing development to be located at 1100 Interstate Highway 30, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7033 Approved Pass
  47. 24 Conduct a public hearing and consider a resolution supporting Collins Villas Investments, LP’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 131-unit senior affordable multi-family rental housing development to be located at 705 State Highway 352, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7035 Denied
  48. 25 Conduct a public hearing and consider a resolution supporting CSH Windbell Senior Village, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 88-unit senior restricted affordable multi-family rental housing development to be located at 915 Windbell Circle, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7036 Denied Pass
  49. 26 Conduct a public hearing and consider a resolution supporting 930 Military Parkway Living, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 111-unit affordable multi-family rental housing development to be located at 930 Military Parkway, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7037 Approved Pass
  50. 47 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  51. 27 Conduct a public hearing and consider a resolution supporting 2910 Motley Senior Living, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 133-unit senior restricted affordable multi-family rental housing development to be located at 2910 Motley Drive, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7038 Approved Pass
  52. 28 Conduct a public hearing and consider a resolution supporting SDTX Mesquite Limited Partnership’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 88-unit affordable multi-family rental housing development to be located at 445 State Highway 352, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7039 Denied
  53. 29 Conduct a public hearing and consider a resolution supporting Waterside Village Mesquite, LLC’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 102-unit senior restricted affordable multi-family rental housing development to be located at 2700 Motley Drive, in accordance with Chapter 2306 of the Texas Government Code and authorizing the City Secretary to certify the resolution to the TDHCA. 24-7069 Denied Pass
  54. 51 ADJOURNMENT
  55. 52 NOTICE OF EXECUTIVE SESSION
  56. 53 Pending and Contemplated Litigation
  57. 54 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 Appeals, Fifth District of Texas at Dallas, filed in Court of Appeals on 03-16-2022 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023
  58. 55 page break
  59. 56 Personnel Matters
  60. 57 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.
  61. 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.
  62. 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).
  63. 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.
  64. 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.
  65. 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.
  66. 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.
  67. 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.
  68. 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.