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City Council

Regular Meeting

Mesquite, TX · April 18, 2022

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, April 18, 2022 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Kenny Green, Tandy Boroughs, B. W. Smith, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive presentation from Forney Independent School District. 2 Conduct a public hearing and discuss City Council initiated illustrative plans and any other illustrative plans proposed by the public for redistricting City Councilmember Districts based on 2020 Census data. A public hearing was held regarding illustrative plans for redistricting City Councilmember Districts. No one appeared regarding illustrative plans for redistricting City Councilmember Districts. EXECUTIVE SESSION – COUNCIL CONFERENCE ROOM – 6:10 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas (Review pending litigation and Receive legal advice); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 6:50 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Tony Rorie, Pastor, Men of Honor, Mesquite, Texas. City of Mesquite, Texas Page 1 City Council Minutes - Final April 18, 2022 PLEDGE OF ALLEGIANCE Members of the Mesquite Heart Board. PRESENTATIONS 3 Receive presentation regarding the 2021 Meritorious Conduct Awards to Police Department employees. Police Chief David Gill stated that the 2021 Police Department Meritorious Conduct Awards recognizes the achievement and outstanding service of members of the Mesquite Police Department and citizens of Mesquite. The following persons were honored in a video presentation: Police Commendation - Ellen Onorato Life Saving Award – Kenneth Barber, Reed Rose (2), Kendall McCloud, Preston Moehring (2), Connor LeBaron, Joshua Osburn and Zachary McCalley Certificate of Civic Achievement - Torrey Rhone Certificate of Merit – Patrick King, Daniel Ninedorf, Douglas Yates, Brad Meyer, Brian Cummings, John Alexander, Luke Christopherson, Jeremie Wood and Jeff Goodfred Meritorious Conduct Bar - Christopher Odom Mayor Alemán and Police Chief Gill presented awards to the following persons: Citizens' Certificate of Merit – Gunnery Sergeant Jesus Leza, Gunnery Sergeant Bryan McNeal, Katie Townsend and Stephanie Peterson Civilian of the Year – Sylvia Encinia Sergeant H. Kent Tyler Award (Officer of the Year) – Michael Smith Medal for Valor and Police Cross – Jason Crawford for fallen Canine Kozmo Medal of Honor and Police Cross – Family of Richard Houston, on his behalf SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that Keep Mesquite Beautiful, Inc., is seeking volunteers to participate in Trash Bash, a community litter cleanup event, on Saturday, April 30, 2022, from 9:00 to 12:00. Volunteers will be provided with trash grabbers, safety vests, disposable gloves and trash bags. He encouraged citizens and community groups to participate in this city-wide program to clean up our community. City of Mesquite, Texas Page 2 City Council Minutes - Final April 18, 2022 2. Mr. Green stated that KidFish, hosted by the Parks and Recreation Department, will take place on Saturday, April 23, 2022, at City Lake Park, 200 Parkview Street, from 8:30 a.m. to 11:30 a.m. The event is free, however, participants must register the morning of the event to be entered into the tournament and be eligible for prizes. He encouraged families to bring their children and grandchildren for a fun day at the lake. 3. Ms. Vidler stated that the Mesquite Police Department will be taking part in the Drug Enforcement Administration’s National Prescription Drug Take-Back Day on Saturday, April 30, 2022, from 10:00 a.m. to 2:00 p.m. Residents can bring any unwanted prescription drugs they wish to discard to the lobby of the Mesquite Police Department, 777 North Galloway Avenue. No needles or syringes will be accepted. 4. Ms. Vidler encouraged citizens to attend a District 3 Neighborhood Meeting on Thursday, April 21, 2022, at 7:00 p.m., at Tosch Elementary School, 2424 Larchmont Drive. 5. Ms. Vidler thanked the Parks and Recreation Department for a successful Bunny Bash on Saturday, April 9, 2022. 6. Mr. Boroughs announced that Mesquite Firefighters will be collecting donations for the Mesquite Fire Department’s Fill-The-Boot Campaign, supporting the Muscular Dystrophy Association (MDA), on April 22, 2022, April 29, 2022, and May 6, 2022. He thanked the current and past City Councilmembers for supporting the MDA Campaign. Mr. Boroughs stated that he is a long-time supporter of MDA and has participated in the MDA Summer Camp as a Camp Counselor for many years. Donations from this campaign provide funding for week-long summer camps, wheelchairs and medical equipment for the children at no cost to the families. Mr. Boroughs kicked off the campaign by making the first donation. 7. Mr. Smith invited residents to attend a District 5 Neighborhood Meeting on Saturday, April 23, 2022, from Noon to 2:00 p.m., outside of the Rutherford Recreation Center, 900 Rutherford Drive, for hot dogs, snacks and discussion. 8. Ms. Anderson encouraged citizens to attend the Mesquite Arts Council ’s “Mesquite Rocks!” concert series on Thursday, April 21, 2022, at 7:00 p.m., featuring PriMadonna, a premier Madonna tribute band. Vendors will be onsite and citizens can participate in “Paint U in the Horseshoe” to be incorporated into a public art display. 9. Mayor Alemán congratulated the Mesquite Public Library System for receiving the 2021 Achievement of Library Excellence Award, which is presented by the Texas Municipal Library Directors. Only 59 out of 565 Texas public library systems earned this prestigious honor for 2021, meaning Mesquite Library Services ranks in the top 10 percent of all public libraries in the State of Texas. CITIZENS FORUM 1. Sheryl Bohrer, 1937 Hillview Drive, expressed support for allowing front carports on homes. 2. John Tywater, 3826 O’Hare Drive, thanked the Mayor, City Council and City Manager for resolving several issues in his neighborhood. 3. Michalla Revland, 2316 Anders Drive, spoke regarding a non-profit organization, Kids Beach Club, serving in the Mesquite Independent School District’s elementary schools. 4. Daniel Rorie, 6017 Waterway Drive, Garland, spoke regarding The Men and Ladies of Honor. 5. Alex Stein expressed concerns regarding the City Council and City Management. City of Mesquite, Texas Page 3 City Council Minutes - Final April 18, 2022 CONSENT AGENDA Approval of the Consent Agenda Mr. Casper moved to approve items on the Consent Agenda, as follows. Motion was seconded by Ms. Vidler and approved unanimously. 4 Minutes of the regular City Council meeting held April 4, 2022. Approved on the Consent Agenda. 5 A resolution authorizing the City Manager to finalize and execute Amendment No. 1 to the Interlocal Agreement with the Dallas County Hospital District d /b/a Parkland Health and Hospital System for BioTel/EMS System Social Work and Emergency Medical Technician (EMT)/Paramedic Support for the Southeast Collaboration Crisis Intervention Team for a total not to exceed $ 607,178.00, and renewing the agreement through September 30, 2023, subject to annual appropriation of funds. Approved on the Consent Agenda. Resolution No. 18-2022, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH THE DALLAS COUNTY HOSPITAL DISTRICT D/B/A PARKLAND HEALTH AND HOSPITAL SYSTEM FOR BIOTEL/EMS SYSTEM SOCIAL WORK AND EMERGENCY MEDICAL TECHNICIAN /PARAMEDIC SUPPORT FOR THE SOUTHEAST COLLABORATION CRISIS INTERVENTION TEAM IN AN AMOUNT NOT TO EXCEED $607,178.00 FOR FISCAL YEARS 2021-22 AND 2022-23; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 18-2022 recorded in Resolution Book No. 64.) 6 Bid No. 2022-022 - Heritage Building Alley Pavement and Utility Improvement. (Authorize the City Manager to finalize and execute a contract with low bidder Estrada Concrete Company, LLC, in an amount not to exceed $341,535.00.) Approved on the Consent Agenda. 7 RFP No. 2022-026 - Multi-Year Service Contract for Recyclable Materials Processing. (Authorize the City Manager to finalize and execute a contract with FCC Environmental Services Texas LLC for recycling processing services. The term of this contract is for a five-year period, with two additional one-year renewal options. The City Manager is authorized to execute the renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 8 RFP 2022-062 - Latimore Park: Construction. (Authorize the City Manager to finalize and execute a contract with Home Run Construction LLC in the amount of $316,780.00.) Approved on the Consent Agenda. City of Mesquite, Texas Page 4 City Council Minutes - Final April 18, 2022 9 Bid No. 2022-086 - Purchase of Two Husqvarna FS5000 36” Concrete Saws. (Staff recommends award to Associated Supply Company, Inc., in Euless, Texas, through BuyBoard Contract #597-19, in the amount of $65,998.00.) Approved on the Consent Agenda. 10 Bid No. 2022-089 - Purchase of a Jet Vac Truck for Water Utilities (47X Western Star). (Staff recommends award to Lonestar Freightliner Group, LLC in Waco, Texas, through BuyBoard Contract No. 601-19, in the amount of $544,639.39.) Approved on the Consent Agenda. 11 Bid No. 2022-093- Purchase of Two Solid Waste Rear Loaders. (Staff recommends award to Rush Truck Center of Texas LP, through BuyBoard Contract No. 601-19, in the amount of $501,000.00.) Approved on the Consent Agenda. END OF CONSENT AGENDA ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Ms. Vidler and approved unanimously. The meeting adjourned at 8:15 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, April 18, 2022 5:00 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 April 18, 2022. 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 April 18, 2022, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 21-5882 Receive presentation from Forney Independent School District. 2 22-5975 Conduct a public hearing and discuss City Council initiated illustrative plans and any other illustrative plans proposed by the public for redistricting City Councilmember Districts based on 2020 Census data. (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.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 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 City of Mesquite, Texas Page 1 Monday, April 18, 2022 City Council Meeting Agenda April 18, 2022 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Tony Rorie, Pastor, Men of Honor, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Heart Board. PRESENTATIONS 3 21-5928 Receive presentation regarding the 2021 Meritorious Conduct Awards to Police Department employees. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. 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 (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.) 4 22-6007 Minutes of the regular City Council meeting held April 4, 2022. Attachments: April 4, 2022, minutes 5 22-6000 A resolution authorizing the City Manager to finalize and execute Amendment No. 1 to the Interlocal Agreement with the Dallas County Hospital District d/b/a Parkland Health and Hospital System for City of Mesquite, Texas Page 2 Monday, April 18, 2022 City Council Meeting Agenda April 18, 2022 BioTel/EMS System Social Work and Emergency Medical Technician (EMT)/Paramedic Support for the Southeast Collaboration Crisis Intervention Team for a total not to exceed $607,178.00, and renewing the agreement through September 30, 2023, subject to annual appropriation of funds. Attachments: Resolution Amendment No. 1 to Interlocal Agreement 6 22-6001 Bid No. 2022-022 - Heritage Building Alley Pavement and Utility Improvement. (Authorize the City Manager to finalize and execute a contract with low bidder Estrada Concrete Company, LLC, in an amount not to exceed $341,535.00.) Attachments: Bid Tabulation Location Map Recommendation Letter 7 22-6005 RFP No. 2022-026 - Multi-Year Service Contract for Recyclable Materials Processing. (Authorize the City Manager to finalize and execute a contract with FCC Environmental Services Texas LLC for recycling processing services. The term of this contract is for a five-year period, with two additional one-year renewal options. The City Manager is authorized to execute the renewal options, subject to annual appropriation of sufficient funds.) Attachments: Scoring Matrix 8 21-5955 RFP 2022-062 - Latimore Park: Construction. (Authorize the City Manager to finalize and execute a contract with Home Run Construction LLC in the amount of $316,780.00.) Attachments: Latimore Park Design Exhibit Scoring Matrix 9 22-5988 Bid No. 2022-086 - Purchase of Two Husqvarna FS5000 36” Concrete Saws. (Staff recommends award to Associated Supply Company, Inc., in Euless, Texas, through BuyBoard Contract #597-19, in the amount of $65,998.00.) Attachments: Quote Photo - FS5000 36 10 22-6004 Bid No. 2022-089 - Purchase of a Jet Vac Truck for Water Utilities (47X Western Star). (Staff recommends award to Lonestar Freightliner Group, LLC in Waco, Texas, through BuyBoard Contract No. 601-19, in the amount of $544,639.39.) City of Mesquite, Texas Page 3 Monday, April 18, 2022 City Council Meeting Agenda April 18, 2022 Attachments: Photo - Western Star Jet Vac Quote 11 22-6003 Bid No. 2022-093- Purchase of Two Solid Waste Rear Loaders. (Staff recommends award to Rush Truck Center of Texas LP, through BuyBoard Contract No. 601-19, in the amount of $501,000.00.) Attachments: Photo - Peterbilt 348 Rear Loader Quote - Rush Truck Center ADJOURNMENT City of Mesquite, Texas Page 4 Monday, April 18, 2022 City Council Meeting Agenda April 18, 2022 NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation 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. Patricia Brennan and Alyssa Sanders, Individually and as Heirs of Natalie Sanders v. City of Mesquite, et al, Cause No. 3:19-CV-01263-L – Filed 5-24-19 4. Corey Reynolds and Molly Reynolds v. The City of Mesquite, et al, Cause No. DC-20-07209 – Filed 5-22-20 5. Tejas Motel, L.L.C. v. City of Mesquite, Acting by and through its Board of Adjustment, Civil Action No. 3:20-cv-20-01982-X – Filed 7-27-20 6. 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 7. 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, on Appeal to the Fifth Court of Appeals, Case No. 05-21-00986-CV 8. Kasia Varsak v. Jeremy Thomas Meeks and the City of Mesquite, Texas, Cause No. CC-21-00813-B – Filed 3-4-21 9. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21 10. Raina Naomi Brechbiel v. Danielle Larrison and Christopher Odom, Cause No. 3:21-cv-01563-E - Filed 7-7-21 11. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21 12. Daniel Gonzales v. City of Mesquite, Cause No. CC-21-05087-D - Filed 11-22-21 13. City of Mesquite v. CC Hillcrest, LLC, Summit Hillcrest Apartments, Ltd, Hillcrest GP, LLC and 2119 Hillcrest St., Mesquite, Texas 75149 in rem, Cause No. DC-22-01764 - Filed 2-14-22 14. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22 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). City of Mesquite, Texas Page 5 Monday, April 18, 2022 City Council Meeting Agenda April 18, 2022 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. 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 6 Monday, April 18, 2022

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