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City Council

February 5, 2024 ·5:00 PM Final

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

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Agenda — 63 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Discuss options for youth program. 24-7023
  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. 7 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M.
  8. 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
  9. 9 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M.
  10. 2 Receive Police Department Council Update. 24-7021
  11. 11 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:08 P.M.
  12. 12 INVOCATION
  13. 13 Sam Pendyala, Pastor, Inspiration Church, Mesquite, Texas.
  14. 14 PLEDGE OF ALLEGIANCE
  15. 15 Members of the Mesquite Heart Board.
  16. 15 4. Mr. Green invited citizens to join the North Branch Library, 2600 Oates Drive, for a Chinese New Year’s Party on Saturday, February 10, 2024, at 2:00 p.m. This free event celebrates the Year of the Dragon by participants making red envelopes, take-home paper dragons and other activities to kick off a prosperous new year. He reminded citizens that the Mesquite Main Library and North Branch Library will be closed on Monday, February 19, 2024, for staff development. 5. Ms. Elizabeth Rodriguez-Ross invited citizens to the 7th Annual Neighborhood Summit on Saturday, February 24, 2024, at the Mesquite Independent School District’s (MISD) Professional Development Center, 3819 Towne Crossing Boulevard. This free event is an opportunity for residents to come together and learn how to get involved with the City and their neighborhoods. Breakfast, registration and networking will begin at 8:15 a.m. and the program will run from 9:00 a.m. to 1:00 p.m. 6. Ms. Elizabeth Rodriguez-Ross invited citizens to attend a District 3 Neighborhood Meeting on Thursday, February 22, 2024, at 7:00 p.m., at Galloway Elementary School, 200 Clary Drive. 7. Mr. Boroughs reminded citizens that the Annual Daddy/Daughter Dance will be held on Saturday, February 17, 2024, at the Mesquite Convention Center, 1700 Rodeo Drive. This year’s theme is “Disco” and tickets go on sale Wednesday, January 8, 2024, for $20.00 per person, per session. Session 1 will be from 4:00 p.m. to 6:00 p.m. and Session 2 will be from 7:00 p.m. to 9:00 p.m. Tickets are limited and will not be sold at the door. You can purchase tickets online at www.cityofmesquite.com/DaddyDaughterDance, at any recreation center or at the Parks and Recreation Administration Office, 1515 North Galloway Avenue. The dance is for all ages and includes light snacks, refreshments, live music, professional photography and themed selfie-stations. 8. Mr. Boroughs thanked the Mesquite Police Department (MPD) for their participation in the Polar Plunge, benefitting Special Olympics, last Saturday, February 3, 2024. This year, a total of $12,726.00 was raised. Valerie, a former dispatcher, raised $2,200.00 and the MPD raised $5,500.00. He thanked the Mesquite Citizens Police Academy Alumni Association and the Mesquite Fire Corps for their help with the Polar Plunge and everyone who supported this event. 9. Mr. Smith stated that the City is hosting the next Teen Turnout event on Saturday, February 10, 2024, at Dunford Recreation Center, 1015 Green Canyon Drive. This free gathering is part of a series of events designed for youth ages 12 to 17, which will include music, games, open gym, food, crafts and more. The first Teen Turnout in January was very well attended. Teen Turnout will be held on various Saturdays throughout the year at different locations across Mesquite. 10. Mr. Smith invited residents to attend a District 5 Neighborhood Meeting on Saturday, February 10, 2024, at 10:00 a.m., at Rutherford Recreation Center, 900 Rutherford Drive. 11. Mr. Murden stated that as part of the City’s Black History Month events, he will be hosting a free educational event on Saturday, February 17, 2024, from 11:00 a.m. to 1:00 p.m., at City Hall, Training Rooms A & B, 757 North Galloway Avenue. This event will include guest speakers and a panel discussion. 12. Mr. Murden invited residents to the South Mesquite Community Meeting tomorrow night, February 6, 2024, at 7:00 p.m., at Keystone Church of Mesquite, 1575 Clay Mathis Road. Residents and business owners are invited to come and talk about public safety and other concerns in the South Mesquite area. Mr. Murden, Mayor Alemán and Police Chief David Gill will share as well as listen to attendees’ concerns. 13. Mayor Alemán thanked everyone who attended the Full On Fitness event held this past Saturday, February 3, 2024. The Parks and Recreation Department sponsored this event as part of the City’s Get Fit Mesquite campaign. To help us all get in shape physically, mentally and financially, there are a variety of events, workshops and seminars planned throughout the year for the Get Fit program. Visit www.cityofmesquite.com/GetFitMesquite for more information.
  17. 16 SPECIAL ANNOUNCEMENTS
  18. 16 page break
  19. 17 1. Mr. Casper thanked City staff for their assistance organizing a recent District 1 Neighborhood Meeting. 2. Mr. Casper stated that February is Black History Month and the City of Mesquite is hosting events, activities and recognitions to honor the contributions of African Americans. One of the signature events 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, 711 East Kearney Street. Attendees of the free program will learn from living history reenactors Paul and Sam Allen about how Buffalo Soldiers got their name and what their role was in settling the American West. The Allen’s performance is interactive and features Buffalo Soldier gear, uniforms and tents. “Diversity in the West” will also include a free presentation at Noon by Author Liz Lawless on “The Economic Impact of Black Cowboys: Yesterday & Today.” Ms. Lawless will share about late 1800’s cattle drives and how rodeo cowboys and others are keeping the western lifestyle alive for future generations. 3. Mr. Green stated that a new program, Play & Learn Workshop, begins tomorrow, February 6, 2024, at the North Branch Library, 2600 Oates Drive. This five-week playgroup features developmentally appropriate free play and community experts for parents. Programming will be offered in English and Spanish. The Play & Learn Workshop will be held every Tuesday, at 1:00 p.m., through March 5, 2024.
  20. 17 14. Mayor Alemán announced that the Mesquite Natatorium at Dallas College – Eastfield, 3737 Motley Drive, will have a Grand Opening at the end of this week and will be open to the public beginning Monday, February 12, 2024. This new facility is a result of the incredible partnership between the City of Mesquite, Mesquite ISD and Eastfield College. Mesquite ISD swimmers and the City’s Mesquite Marlins swim team will use the new pool but it will also be open to the community. The pool will offer water exercise classes, lap swimming and open swim times for the public on Saturday and Sunday afternoons. Swim lessons will be also offered. 15. Mayor Alemán stated that in the last couple of months, the City has lost some very important and lifelong citizens that were very committed to their community, including former Mesquite Mayor and former Mesquite Municipal Court Judge George Boyce, former Mesquite Mayor and Mesquite City Attorney B. J. Smith and a wonderful volunteer citizen for many years for the Chamber of Commerce, Historic Mesquite, Inc., and Elks Lodge Ladies Auxiliary, Donna Woodard, and just last week, we lost another wonderful citizen who was very committed to our community, Patricia Ann McWhorter Greenhaw. A Celebration of Life Service for Ms. Greenhaw will be held at the Harvest Church in Downtown Mesquite on Saturday, January 24, 2024, at 2:00 p.m., and all are invited to attend.
  21. 18 CITIZENS FORUM
  22. 19 Rodney Fenimore, 4417 Ivy Drive, expressed support for the City Council to connect with citizens and support for residents to house chickens on their property.
  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 January 16, 2024. 24-7017 Approved Pass
  29. 4 A resolution authorizing continued participation with the Steering Committee of Cities served by ONCOR and authorizing the payment of 10 cents per capita to the Steering Committee to fund regulatory and legal proceedings and activities related to ONCOR Electric Delivery Company, LLC. 24-7025 Approved Pass
  30. 5 Bid No. 2024-053 - Owner’s Representative Services for the Administration of a Construction Manager-at-Risk Contract for the Construction of New Fire Station No. 8 and New Public Safety Training Facility. (Authorize the City Manager to finalize and execute a contract with Fitzpatrick Design Construction Services Group LLC, for Owner’s Representative Services in connection with the design and construction of New Fire Station No. 8 and New Public Safety Training Facility in an amount not to exceed $288,000.00, inclusive of reimbursables.) 24-7014 Approved Pass
  31. 6 Bid No. 2024-057 - Purchase of Two Ford F-150 Police Responders. (Staff recommends award to Silsbee Ford, Inc., through The Interlocal Purchasing System (TIPS) Contract No. 210907, in an amount not to exceed $114,114.50.) Approved Pass
  32. 7 Bid No. 2024-058 - Purchase of One Rubber Tire Loader for Solid Waste. (Staff recommends award to National Equipment Dealers, LLC, through the Sourcewell Contract No. 032119-HCE, in an amount not to exceed $247,225.30.) Approved Pass
  33. 8 Bid No. 2024-059 - Purchase of Ten Police Interceptors. (Staff recommends award to Sam Pack’s Five Star Ford, Ltd., through the Texas SmartBuy Contract No. 070-M1, in an amount not to exceed $522,010.40.) Approved Pass
  34. 9 Bid No. 2024-060 - Purchase of One Refuse Trailer for Solid Waste. (Staff recommends award to Wilkens Industries, Inc., through the BuyBoard Contact No. 686-22, in an amount not to exceed $157,269.00.) Approved Pass
  35. 10 Authorize the City Manager to finalize and execute a Consent to Assignment of Ground Lease with Colmet Aviation, LLC. 24-7020 Approved Pass
  36. 11 Authorize the Mayor to execute a Second Amendment to an Employment Agreement between the City of Mesquite, Texas, and Municipal Court Judge Detra Hill. 24-7026 Approved Pass
  37. 32 END OF CONSENT AGENDA
  38. 12 Authorize the Mayor to execute a Second Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Secretary Sonja Land. 24-7027 Approved Pass
  39. 33 page break
  40. 34 PUBLIC HEARINGS
  41. 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.)
  42. 13 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1023-0328, submitted by MM Mesquite 6, LLC, for a Comprehensive Plan amendment from Commercial to High Density Residential and a change of zoning from Planned Development - Commercial - Gateway within the Mesquite Arena/Rodeo Entertainment Overlay District (MARE) to Planned Development - Multifamily - Gateway within the MARE to allow a multifamily development with modifications, located at 410 Rodeo Center Boulevard. (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 of the application. This item was postponed from the January 16, 2024, City Council meeting.) 24-7019 Approved Pass
  43. 14 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1023-0331, submitted by Coreen Robertson on behalf of James Kalakkattu, for a change of zoning from General Retail to Planned Development - General Retail to allow the construction of office warehouses, located at 1511 East Kearney Street. (No responses in favor and two 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. This item was postponed from the January 16, 2024, City Council meeting.) 24-7018 Denied Pass
  44. 15 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1123-0336, submitted by Masterplan on behalf of Mesquite Community Development, LLC, for a Comprehensive Plan amendment to change the future land use designation from Office to High-Density Residential on Tract 1 and for a change of zoning from Planned Development - Retirement Housing Ordinance No. 3821 and Planned Development - Light Commercial Ordinance No. 2124 to Planned Development - Multifamily and Light Commercial to allow an approximate 300-unit multifamily development on Tract 1 and light commercial uses on Tract 2, located at 5201 Northwest Drive. (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.) 24-7016 Approved Pass
  45. 39 ADJOURNMENT
  46. 39 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. 16 – Discuss the purchase of property at Berry Road and Lawson Road); whereupon the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:16 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  47. 40 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:12 P.M.
  48. 41 Pending and Contemplated Litigation
  49. 42 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 3-14-22; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 8-10-2022 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-23-00485-CV - Filed 5-19-2023 3. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 9-6-22 4. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 4-11-23 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 March 16, 2022 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 8-4-23 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 September 28, 2023 8. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed September 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
  50. 42 page break
  51. 43 Real Property
  52. 44 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:
  53. 44 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  54. 46 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 9:16 P.M.
  55. 47 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 the City Attorney); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 10:04 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  56. 48 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  57. 49 The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management).
  58. 50 The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989.
  59. 51 Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
  60. 52 Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
  61. 53 Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
  62. 54 Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista.
  63. 55 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.