City Council
Regular MeetingMesquite, TX · November 15, 2021
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, November 15, 2021 6:00 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
Present: Mayor Bruce Archer and Councilmembers Kenny Green, Robert Miklos, Tandy Boroughs, B .
W. Smith and Dan Aleman, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmember Sherry Widso\m.
PRE-MEETING - TRAINING ROOMS A&B - 6:00 P.M.
AGENDA REVIEW
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Harry Lee Sewell, Pastor, Family Cathedral of Praise, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Citizens Police Academy Alumni Association.
OTHER BUSINESS
1 Canvass results of the General Election for the purpose of electing a Mayor and
Councilmembers for Places, 1, 2, 3, 4, 5 and 6 and the Special election for the
purpose of submitting a proposed tax rate that exceeds the voter -approval tax
rate for the 2021 tax year held November 2, 2021.
Sonja Land, City Secretary, read the results, according to the canvass reports
provided by the Dallas County and Kaufman County Elections Departments, of the
General Election for the purpose of electing a Mayor and Councilmembers for
Places, 1, 2, 3, 4, 5 and 6 and the Special election for the purpose of submitting a
proposed tax rate that exceeds the voter-approval tax rates for the 2021 tax year
held November 2, 2021.
2 Consider a resolution declaring the results of the November 2, 2021, General
Election and Special Election and calling a Runoff Election for the purpose of
electing Councilmembers for Places 1 and 3, to be held on December 7, 2021.
Mr. Miklos moved to approve Resolution No. 77-2021, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, CANVASSING THE RETURNS
AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF
MESQUITE, TEXAS, ON NOVEMBER 2, 2021, FOR THE ELECTION OF A MAYOR
AND CITY COUNCILMEMBERS FOR PLACES 1, 2, 3, 4, 5 AND 6 AND A SPECIAL
City of Mesquite, Texas Page 1
City Council Minutes - Final November 15, 2021
ELECTION HELD IN THE CITY OF MESQUITE, TEXAS, FOR THE PURPOSE OF
SUBMITTING A PROPOSED TAX RATE THAT EXCEEDS THE VOTER-APPROVAL
TAX RATE FOR THE 2021 TAX YEAR; ORDERING A RUNOFF ELECTION TO BE
HELD DECEMBER 7, 2021; AND DECLARING AN EFFECTIVE DATE THEREOF.
Number of votes cast for the Office of Mayor:
NAME NUMBER OF VOTES PERCENTAGE
Ron Ward 2,772 41%
Dan Aleman 3,979 59%
Number of votes cast for the Office of Councilmember, Place 1:
NAME NUMBER OF VOTES PERCENTAGE
Joe Hicks 179 15%
Jeff Casper 493 43%
David Jackson Burris 487 42%
Number of votes cast for the Office of Councilmember, Place 2:
NAME NUMBER OF VOTES PERCENTAGE
Kenny Green 497 74%
Dorothy Patterson 175 26%
Number of votes cast for the Office of Councilmember, Place 3:
NAME NUMBER OF VOTES PERCENTAGE
Jennifer Vidler 476 47%
Elizabeth Rodriguez Ross 372 37%
Rose Grimsley 163 16%
Number of votes cast for the Office of Councilmember, Place 4:
NAME NUMBER OF VOTES PERCENTAGE
Tandy Boroughs 513 52%
Andrew Hubacek 480 48%
Number of votes cast for the Office of Councilmember, Place 5:
NAME NUMBER OF VOTES PERCENTAGE
B. W. Smith 818 62%
Tom Palmer 496 38%
Number of votes cast for the Office of Councilmember, Place 6:
NAME NUMBER OF VOTES PERCENTAGE
Debbie Anderson 778 51%
Brandon Murden 750 49%
Number of votes cast regarding Proposition A, Approving the ad valorem tax rate
of $0.70862 per $100 valuation for the current year:
NAME NUMBER OF VOTES PERCENTAGE
For 4,386 64%
Against 2,464 36%
Motion was seconded by Mr. Green and approved unanimously. (Resolution No.
77-2021 recorded in Resolution Book No. 63.)
3 Installation of newly elected Mayor and Councilmembers.
City Secretary Sonja Land administered the Oath of Office to Mayor Daniel
Alemán, Jr.; Councilmembers Kenny Green, Place 2; Tandy Boroughs, Place 4;
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City Council Minutes - Final November 15, 2021
B. W. Smith, Place 5; and Debbie Anderson, Place 6.
Ms. Anderson entered the meeting and took her seat at the dais. Mayor Archer
left the dais. Daniel Alemán, Jr. took his seat as Mayor at the dais.
Councilmembers present for the remainder of the meeting include: Mayor Daniel
Alemán, Jr. and Councilmembers Kenny Green, Robert Miklos, Tandy Boroughs,
B. W. Smith and Debbie Anderson.
Absent: Councilmember Sherry Wisdom.
4 Presentation of gavel to former Mayor Bruce Archer.
Mayor Daniel Alemán, Jr. presented former Mayor Bruce Archer with a gavel
commemorating his service to the City of Mesquite.
A brief recess was taken at 7:34 p.m. The meeting resumed at 7:46 p.m
CITIZENS FORUM
Richard Kraushaar, 4128 Aralia Street, expressed concerns regarding the technology industry.
CONSENT AGENDA
Approval of the Consent Agenda
Ms. Anderson moved to approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Smith and approved unanimously.
5 Minutes of the regular City Council meeting held November 1, 2021.
Approved on the Consent Agenda.
6 An ordinance amending the Mesquite City Code, as previously amended, by
amending “CHAPTER 16 - WATER AND LIQUID WASTE” adding new
“ARTICLE VI - FATS, OILS, AND GREASE (“FOG”)” thereby providing for
provisions for the protection of both City and regional wastewater infrastructure
from the discharge of fats, oils, greases, and other pollutants into the
publicly-owned treatment works sewer systems; making other related and
general updates to Chapter 16; and revising ‘APPENDIX D - COMPREHENSIVE
FEE SCHEDULE” to provide organizational updates in “ARTICLE XV - WATER
AND SEWER.”
Approved on the Consent Agenda.
Ordinance No. 4914, AMENDING THE MESQUITE CITY CODE, AS PREVIOUSLY
AMENDED, BY AMENDING “CHAPTER 16 – WATER AND LIQUID WASTE” ADDING
NEW “ARTICLE VI – FATS, OILS, AND GREASE (“FOG”)” THEREBY PROVIDING
FOR PROVISIONS FOR THE PROTECTION OF BOTH CITY AND REGIONAL
WASTEWATER INFRASTRUCTURE FROM THE DISCHARGE OF FATS, OILS,
GREASES, AND OTHER POLLUTANTS INTO THE PUBLICLY-OWNED TREATMENT
WORKS SEWER SYSTEMS; MAKING OTHER RELATED AND GENERAL UPDATES
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City Council Minutes - Final November 15, 2021
TO CHAPTER 16; REVISING “APPENDIX D – COMPREHENSIVE FEE SCHEDULE”
TO PROVIDE ORGANIZATIONAL UPDATES IN “ARTICLE XV – WATER AND
SEWER”; AND PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE IN AN AMOUNT NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR PUBLICATION;
AND DECLARING AN EFFECTIVE DATE. (Ordinance No. 4914 recorded in
Ordinance Book No.125.)
7 A resolution accepting the preliminary Amended and Restated Service and
Assessment Plan for authorized improvements within Improvement Area # 2 the
Heartland Town Center Public Improvement District, setting a date for public
hearing on the proposed Levy of Assessments, authorizing the publication and
mailing of notice, and enacting other provisions relating thereto.
Approved on the Consent Agenda.
Resolution No. 78-2021, ACCEPTING THE PRELIMINARY AMENDED AND RESTATED
SERVICE AND ASSESSMENT PLAN FOR AUTHORIZED IMPROVEMENTS WITHIN
IMPROVEMENT AREA #2 THE HEARTLAND TOWN CENTER PUBLIC IMPROVEMENT
DISTRICT; SETTING A DATE FOR PUBLIC HEARING ON THE PROPOSED LEVY OF
ASSESSMENTS; AUTHORIZING THE PUBLICATION AND MAILING OF NOTICE; AND
ENACTING OTHER PROVISIONS RELATING THERETO. (Resolution No. 78-2021
recorded in Resolution Book No. 63.)
8 Bid No. 2021-110 - Annual Supply of Petroleum Products.
(Authorize the City Manager to finalize and execute a contract with low bidder
Ataram, LLC in the amount of $93,198.00. The term of this contract is for one
year, with four additional one-year renewal options. The City Manager is
authorized to exercise the renewal options subject to annual appropriation of
sufficient funds.)
Approved on the Consent Agenda.
9 Bid No. 2022-009 - Paving Improvements for Galloway Place Neighborhood and
Northridge Addition Repairs.
(Authorize the City Manager to finalize and execute a contract with low bidder
Estrada Concrete Company, LLC in the amount of $1,185,298.00.)
Approved on the Consent Agenda.
10 Bid No. 2022-017 - Purchase of All Terrain Litter Vacuum.
(Staff recommends award to Exprolink Inc., through Sourcewell Contract No.
122017-EXP, in the amount of $58,245.00)
Approved on the Consent Agenda.
11 Bid No. 2022-019 - Purchase of Furniture for Downtown Visitor’s Center.
(Authorize the City Manager to finalize and execute the required documents with
Staples Furniture Solutions, through Sourcewell Furniture Contract No .
121919-SCC, in the amount of $81,332.99.)
Approved on the Consent Agenda.
END OF CONSENT AGENDA
City of Mesquite, Texas Page 4
City Council Minutes - Final November 15, 2021
ADJOURNMENT
Mr. Boroughs moved to adjourn the meeting. Motion was seconded by Mr. Green
and approved unanimously. The meeting adjourned at 7:51 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
City of Mesquite, Texas Page 5
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, November 15, 2021 6:00 PM City Hall | Council Chamber
757 N. Galloway Avenue | Mesquite, Texas
1. Members of the public desiring to comment during Citizens Forum may preregister as
follows:
a. Send an email to the City Secretary on or before 3:00 p.m., on November 15, 2021.
The email address is sland@cityofmesquite.com. The phone number is 972-216-6244.
b. Provide the City Secretary with your name and address.
2. Comments on agenda items may be made during the meeting or by submission on or
before 3:00 p.m., on November 15, 2021, to the following email address:
sland@cityofmesquite.com.
PRE-MEETING - TRAINING ROOMS A&B - 6:00 P.M.
AGENDA REVIEW
EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:00 P.M.
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
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Harry Lee Sewell, Pastor, Family Cathedral of Praise, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the Mesquite Citizens Police Academy Alumni Association.
City of Mesquite, Texas Page 1 Monday, November 15, 2021
City Council Meeting Agenda November 15, 2021
OTHER BUSINESS
1 21-5699 Canvass results of the General Election for the purpose of electing a
Mayor and Councilmembers for Places, 1, 2, 3, 4, 5 and 6 and the Special
election for the purpose of submitting a proposed tax rate that exceeds
the voter-approval tax rate for the 2021 tax year held November 2, 2021.
2 21-5700 Consider a resolution declaring the results of the November 2, 2021,
General Election and Special Election and calling a Runoff Election for the
purpose of electing Councilmembers for Places 1 and 3, to be held on
December 7, 2021.
3 21-5701 Installation of newly elected Mayor and Councilmembers.
4 21-5703 Presentation of gavel to former Mayor Bruce Archer.
CITIZENS FORUM
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.
CITIZENS COMMENTS
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.
CONSENT AGENDA
5 21-5730 Minutes of the regular City Council meeting held November 1, 2021.
Attachments: November 1, 2021, minutes
6 21-5731 An ordinance amending the Mesquite City Code, as previously amended,
by amending “CHAPTER 16 - WATER AND LIQUID WASTE” adding new
“ARTICLE VI - FATS, OILS, AND GREASE (“FOG”)” thereby providing for
provisions for the protection of both City and regional wastewater
infrastructure from the discharge of fats, oils, greases, and other
pollutants into the publicly-owned treatment works sewer systems;
making other related and general updates to Chapter 16; and revising
‘APPENDIX D - COMPREHENSIVE FEE SCHEDULE” to provide
organizational updates in “ARTICLE XV - WATER AND SEWER.”
Attachments: Ordinance
City of Mesquite, Texas Page 2 Monday, November 15, 2021
City Council Meeting Agenda November 15, 2021
7 21-5724 A resolution accepting the preliminary Amended and Restated Service and
Assessment Plan for authorized improvements within Improvement Area
#2 the Heartland Town Center Public Improvement District, setting a date
for public hearing on the proposed Levy of Assessments, authorizing the
publication and mailing of notice, and enacting other provisions relating
thereto.
Attachments: Resolution
8 21-5728 Bid No. 2021-110 - Annual Supply of Petroleum Products.
(Authorize the City Manager to finalize and execute a contract with low
bidder Ataram, LLC in the amount of $93,198.00. The term of this contract
is for one year, with four additional one-year renewal options. The City
Manager is authorized to exercise the renewal options subject to annual
appropriation of sufficient funds.)
Attachments: Bid Tabulation
9 21-5712 Bid No. 2022-009 - Paving Improvements for Galloway Place
Neighborhood and Northridge Addition Repairs.
(Authorize the City Manager to finalize and execute a contract with low
bidder Estrada Concrete Company, LLC in the amount of $1,185,298.00.)
Attachments: Bid Tabulation
Location Map
Street List
10 21-5717 Bid No. 2022-017 - Purchase of All Terrain Litter Vacuum.
(Staff recommends award to Exprolink Inc., through Sourcewell Contract
No. 122017-EXP, in the amount of $58,245.00)
Attachments: Quote
Equipment Brochure
Photo - Model LN50
11 21-5718 Bid No. 2022-019 - Purchase of Furniture for Downtown Visitor’s Center.
(Authorize the City Manager to finalize and execute the required
documents with Staples Furniture Solutions, through Sourcewell
Furniture Contract No. 121919-SCC, in the amount of $81,332.99.)
Attachments: City of Mesquite Heritage Square Furniture Proposal 10-15-21
2021-10-15 Mesquite Heritage Square BI-153008 24x36
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
City of Mesquite, Texas Page 3 Monday, November 15, 2021
City Council Meeting Agenda November 15, 2021
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. City of Allen, et al v. Time Warner Cable Texas, LLC d/b/a Spectrum and Charter Communications, Cause
No. 6:19-cv-345-ADA-JCM – Filed 10-19-18
2. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No.
DC-18-16933 – Filed 11-8-18
3. Petition of Magali Villarreal (MISD Bus Accident on 10-3-2018), Cause No. DC-19-06974 – Filed 5-15-19
4. Patricia Brennan and Alyssa Sanders, Individually and as Heirs of Natalie Sanders v. City of Mesquite, et
al, Cause No. 3:10-CV-01263-L – Filed 5-24-19
5. Patrish Ervin and John Dawson v. Mr. Phillip Aultman, Mesquite Police Department and the City of
Mesquite, Cause No. CC-19-03248-C – Filed 5-31-19
6. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed 5-22-20
7. Tejas Motel, L.L.C. v. City of Mesquite, Acting by and through its Board of Adjustment, Civil Action No.
3:20-cv-20-1982 – Filed 7-27-20
8. City of Mesquite v. Ulises Rivera, Jessica Rivera and 3509 Byrd Drive, Mesquite, Texas 75150 in rem,
Cause No. DC-20-12465 – Filed 9-3-20
9. Vault Ventures, LLC v. City of Mesquite and Cliff Keheley, in his Official Capacity as Mesquite City
Manager, Cause No. DC-20-19115 – Filed 12-28-20
10. Kasia Varsak v. Jeremy Thomas Meeks and the City of Mesquite, Texas, Cause No. CC-21-00813-B – Filed
3-4-21
11. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21
12. Raina Naomi Brechbiel v. Danielle Larrison and Christopher Odom, Cause No. 3:21-cv-01563-E -
Filed 7-7-21
13. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21
14. City of Mesquite v. Peggy Lou Schweitzer and 1509 Alta Vista Street, Mesquite, Texas 75149 in rem,
Cause No. DC-21-11200 - Filed 8-20-21
Personnel Matters
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.
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).
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.
City of Mesquite, Texas Page 4 Monday, November 15, 2021
City Council Meeting Agenda November 15, 2021
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.
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.
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.
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.
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.
City of Mesquite, Texas Page 5 Monday, November 15, 2021
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