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City Council

January 16, 2024 ·5:00 PM Final

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

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 61 items

  1. 1 Present: Mayor Dan Alemán and Councilmembers B. W. Smith, Jeff Casper, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Tandy Boroughs.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Discuss Police Communications. 24-7013
  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 - 5:05 P.M.
  8. 8 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 Municipal Court Judge); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 6:01 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  9. 9 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:11 P.M.
  10. 10 INVOCATION
  11. 11 Archie Greer, Pastor, Trinity Life Church, Mesquite, Texas.
  12. 12 PLEDGE OF ALLEGIANCE
  13. 13 Members of Leadership Mesquite.
  14. 13 page break
  15. 14 SPECIAL ANNOUNCEMENTS
  16. 15 1. Mr. Casper invited citizens to attend a District 1 neighborhood meeting on Tuesday, January 30, 2024, from 7:00 p.m. to 8:30 p.m., at Dunford Recreation Center, 1015 Green Canyon Drive. 2. Mr. Casper announced a new program called Teen Turnout. The City is hosting a series of nine free events for teens this year. The first event was this past Saturday, January 13, 2024, at Rutherford Recreation Center and it went very well with more than 80 students attending. The next Teen Turnout will be held on Saturday, February 10, 2023, at Dunford Recreation Center. These events are designed for youth ages 12 to 17, which will include music, games, open gym, food, crafts and more. Teen Turnout will be held on various Saturdays throughout the year at different locations across Mesquite. The program is part of the City’s Real. Texas. Teens. initiative to help empower young people with opportunities for personal growth and community engagement. 3. Mr. Green reminded and encouraged everyone to attend the City’s next Town Hall Tuesday on Tuesday, January 23, 2024. Citizens can attend in-person or online. This is the City’s first hybrid Town Hall Meeting, so we encourage everyone to attend in-person or log in online. Every Town Hall Tuesday features a new topic and includes activities to interact with City staff. The topic for this meeting will be “City Hall 101.” Representatives from City departments including Neighborhood Services, Animal Services, Public Works and Solid Waste will provide an overview of services and resources available to residents. The Town Hall Meeting will also include a question and answer session. The event will be held from 6:30 p.m. to 7:30 p.m., at Mesquite City Hall, Training Rooms A & B, 757 North Galloway Avenue. Visit www.cityofmesquite.com/townhall to submit questions. 4. Ms. Rodriguez-Ross stated that Weather Activated Relief for Mesquite, also known as WARM, is currently active. WARM is a temporary shelter for individuals who are unsheltered during times of extreme weather conditions based on the National Weather Service Forecast. By partnering with Sharing Life Community Outreach, we are able to provide shelter for those in need at hotels nearby until the weather is no longer at dangerous temperatures. WARM is sponsored by Sharing Life Community Outreach, the Mesquite Ministerial Alliance and the City of Mesquite. Help is needed to pay for hotel rooms. For information or to make a donation, visit sharing.life/WARM or call 972-285-5819. 5. City Manager Cliff Keheley stated that Sharing Life Community Outreach is requesting donations of sweats and socks as well as monetary donations. 6. Mr. Smith reminded citizens to sign up for Mesquite Alerts to receive emergency and informational notifications from the City of Mesquite. Notifications could be City-wide or just for your neighborhood. In order to receive real-time alerts regarding emergencies, weather and information that pertains to your particular neighborhood, you must opt in and choose your notification preference such as text messages, phone calls or emails. Visit www.cityofmesquite.com/MesquiteAlerts to sign up. 7. Mr. Smith invited citizens to attend a District 5 neighborhood meeting on Saturday, February 10, 2024, at 10:00 a.m., at Rutherford Recreation Center, 900 Rutherford Drive. 8. Mr. Murden stated that the 7th Annual Neighborhood Summit, hosted by the City of Mesquite, will be held on Saturday, February 24, 2024, at the Mesquite Independent School District K. David Belt Professional Development Center, 3819 Towne Crossing Boulevard. This free event is open to all residents and will feature guest speakers and more to educate and provide helpful tips on how to get involved with the City and your neighborhood. Breakfast, registration and networking will begin at 8:15 a.m. and the program will be held from 9:00 a.m. to 1:00 p.m. Visit www.cityofmsquite.com/NeighborhoodSummit or call 972-216-6348 for more information.
  17. 16 CITIZENS FORUM
  18. 16 9. Mayor Alemán invited and encouraged everyone to attend the 2024 State of the Community event on Thursday, January 25, 2024, at the Mesquite Arts Center, 1527 North Galloway Avenue. The event begins at 6:00 p.m. with a panel discussion that will include Mayor Alemán, Mesquite Independent School District Superintendent Dr. Ángel Rivera and the Mesquite Chamber of Commerce President Alexander Helgar. Doors open at 5:30 p.m. and the evening will end with a short reception. The evening will also include special recognition of members of City boards and commissions and others in the community. 10. Mayor Alemán congratulated Deputy Mayor Pro Tem Jeff Casper, who teaches 11th and 12th grade dual credit social studies at Dr. Vroonland Vanguard High School, for being inducted into the Mesquite Independent School District (MISD) Apple Corps last week. The Apple Corp program rewards excellence in teaching by honoring outstanding MISD teachers who are nominated by their peers. 11. Mayor Alemán congratulated City Attorney David Paschall on the birth of his first grandchild, Grandson Mason, weighing 6 pounds, 5 ounces.
  19. 17 At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than items on the agenda, personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value of real property 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. No Council action or discussion is to be taken until such matter is placed on the Agenda and posted in accordance with law.
  20. 18 CITIZENS COMMENTS
  21. 18 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  22. 19 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.
  23. 20 CONSENT AGENDA
  24. 21 (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.)
  25. 2 Minutes of the regular City Council meeting held January 2, 2024. 24-7003 Approved Pass
  26. 3 An ordinance amending the City’s Extraterritorial Jurisdiction (ETJ) boundaries pursuant to an Interlocal Agreement with the City of Forney, Texas, reducing the City’s ETJ in the area of Highway 80 and County Road 225 and expanding its ETJ in the area of Interstate 20 and High Country Lane. 24-7006 Approved Pass
  27. 4 An ordinance amending the City Code by making certain additions and deletions under Chapter 10 (Miscellaneous), Article VI (Nuisances), Division 1 (Generally) for the purpose of adding a violation for “Solid Waste - Repeated Violations” and amend Chapter 14 (Solid Waste), Article II (Residential Collection) for the purpose of providing updated driveway service residential collection regulations, and other related general revisions. Approved Pass
  28. 5 An ordinance amending Chapter 14 (Solid Waste), Article III (Commercial Collection), of the City Code by revising Section 14-45 (Charges for Collection) to add the authorization to charge a late fee for past due payments of Commercial and Industrial invoices and amending Appendix D (Comprehensive Fee Schedule), Article XIV (Public Works), by revising various sections for the purpose of adding Commercial and Industrial recycling rates and late fees for past due payments of Commercial and Industrial invoices. Approved Pass
  29. 6 A resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the temporary closure of State Highway 352 on April 6, 2024, for the City of Mesquite Rodeo Parade, commemorating the 66th Anniversary of the Mesquite Championship Rodeo. Approved Pass
  30. 7 A resolution authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments and other member government participants in a Trinity River Corridor Interlocal Agreement in pursuit of a common vision for the addition of East Fork Trinity Communities. Approved Pass
  31. 8 A resolution casting its vote in the runoff election for the fourth member of the Board of Directors of the Dallas Central Appraisal District. Approved Pass
  32. 9 Bid No. 2024-043 - Precast Fence at Service Center. (Authorize the City Manager to finalize and execute a contract with Future Outdoors, LLC, through an Interlocal Agreement with the City of Grand Prairie Contract No. 20069, in an amount not to exceed $253,760.50.) 24-7005 Approved Pass
  33. 10 Bid No. 2024-050 - Purchase of Four Rear Loaders and One Grapple Truck. (Staff recommends award to Rush Truck Centers of Texas, LP, through the BuyBoard Contract No. 723-23, in an amount not to exceed $1,515,280.60). Approved Pass
  34. 11 Bid No. 2024-062 - Purchase of Two Transfer Trucks for Solid Waste. (Staff recommends award to Rush Truck Centers of Texas, LP, through the BuyBoard Contract No. 723-23, in an amount not to exceed $424,033.04.) Approved Pass
  35. 31 END OF CONSENT AGENDA
  36. 12 Bid No. 2024-064 - Annual Supply of Police Department Uniforms and Clothing. (Staff recommends award to G T Distributors, Inc., in Austin, Texas, in an amount not to exceed $90,000.00 and award to Galls, LLC, in Lexington, Kentucky, in an amount not to exceed $60,000.00, through an Interlocal Cooperative Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG), through Contract No. 2021-073, for a total amount not to exceed $150,000.00.) Approved Pass
  37. 13 Bid No. 2024-068 - APX 6500 Enhanced Series Mobile Radio Upgrade. (Staff recommends award to sole source provider Motorola Solutions, Inc., in an amount not to exceed $1,259,097.82.) 24-7004 Approved Pass
  38. 34 PUBLIC HEARINGS
  39. 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.)
  40. 14 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0821-0215, submitted by Amerco Real Estate Company (U-Haul), for a change of zoning from Commercial to Planned Development - Commercial to allow self-storage, moving truck rental, and a warehouse facility, located at 2300 Gross Road. (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.) Approved Pass
  41. 15 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.) Postponed
  42. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1023-0329, submitted by Allan Ross of WaaL Architecture on behalf of Meadow Oaks Academy and Pioneer Technology and Arts Academy, for a change of zoning from Planned Development Ordinance No. 1434 to Planned Development - General Retail to allow a daycare and expansion of a private school, located at 1412 South Belt Line Road. (One response 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 approval of the application.) Approved
  43. 17 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 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.) Postponed
  44. 40 ADJOURNMENT
  45. 40 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  46. 41 page break
  47. 42 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:21 P.M.
  48. 43 Pending and Contemplated Litigation
  49. 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 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. City of Grand Prairie v. The State of Texas, Cause No. D-1-GN-23-007785, Travis County - Filed 10-25-23
  50. 45 Personnel Matters
  51. 46 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 Municipal Court Judge
  52. 47 Economic Development
  53. 48 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. 18 - Discuss economic development incentives for a project at IH-635 and Rodeo Center Boulevard); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:55 p.m., the City Council reconvened in Open Session. No executive action was necessary.
  54. 50 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  55. 51 The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management).
  56. 52 The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989.
  57. 53 Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
  58. 54 Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
  59. 55 Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
  60. 56 Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista.
  61. 57 Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator.