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City Council

Regular Meeting

Mesquite, TX · May 16, 2022

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, May 16, 2022 6:30 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Kenny Green, Tandy Boroughs, Jeff Casper, Jennifer Vidler and Debbie Anderson, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember B.W. Smith. PRE-MEETING - TRAINING ROOMS A&B - 6:30 P.M. AGENDA REVIEW REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Mike Pettitt, Pastor, Connection Pointe, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Mesquite Citizens Police Academy Alumni Association. SPECIAL ANNOUNCEMENTS 1. Mr. Casper stated that students, ages 15 to 17, are eligible to apply for the City’s Summer Youth Internship Program now through May 20, 2022. The internship is a paid, six-week program, that provides meaningful job experience beyond the classroom. He thanked job partners – The Texas Workforce Commission, Angel: The Waterproofing Company, Tyes Notary and Consulting and other businesses working with the interns. Students will have the opportunity to acquire skills to secure future employment. Interested students may register and learn more at www.cityofmesquite.com/CDBG. 2. Mr. Green congratulated Keep Mesquite Beautiful, Inc., for a successful Trash Bash event, on April 30, 2022, which is part of the City’s Clean City Initiative. More than 638 volunteers collected 288 bags, containing nearly 4,800 pounds of litter from 30 locations around Mesquite, including parks, neighborhoods and retail shopping areas. 3. Ms. Vidler invited citizens to attend a District 3 Neighborhood Meeting on Saturday, May 21, 2022, from 1:00 p.m. to 3:00 p.m., at Galloway Park, 200 Clary Drive, for hot dogs, snacks and neighborhood discussion. City of Mesquite, Texas Page 1 City Council Minutes - Final May 16, 2022 4. Ms. Vidler stated that a Memorial Day Service will be held on Monday, May 30, 2022, at the Mesquite Veterans Memorial, 425 South Galloway Avenue. The program will honor those who died while serving in the United States military. The program will begin at 2:50 p.m., in order to observe a National Moment of Remembrance at 3:00 p.m. 5. Mr. Boroughs encouraged citizens to attend the Mesquite Arts Council ’s concert series “Mesquite Rocks!” on Thursday, May 19, 2022, at 7:00 p.m., at the Mesquite Arts Center, 1527 North Galloway Avenue. Tribute band, Epic Unplugged, will be performing at this outdoor concert. 6. Mr. Boroughs invited citizens to attend a District 4 Neighborhood Meeting on Saturday, June 5, 2022, from Noon – 2:00 p.m., at the Paschall Park Pavilion, 1001 New Market Road, for hot dogs, snacks and neighborhood discussion. 7. Ms. Anderson announced that a District 6 Neighborhood Meeting will be held on Thursday, May 26, 2022, from 6:00 p.m. to 8:00 p.m., at the Brandy Station Pavilion, 1919 Brandy Station. She encouraged citizens to attend for neighborhood discussions, hot dogs and snacks. 8. Ms. Anderson announced that the Parks and Recreation Department will host “Movies in the Park” at Paschall Park, 1001 New Market Road, on Friday, May 20, 2022, featuring the movie, Paw Patrol, which begins at dusk. Admission and parking are free. Citizens are encouraged to bring their family and friends, along with blankets and lawn chairs to enjoy this family-friendly event. 9. Mayor Alemán recognized the following employees for National Public Works Week, May 15 – 21, 2022: Curt Cassidy, Director of Public Works; Eric Gallt, Manager of Traffic Engineering; Arthur Grothe, Manager of Equipment Services; Dustin Aldridge, Manager of Utilities; Toar Schell, Manager of GIS; Justin Stoker, Assistant Director of Public Works; Ron Aldridge, Manager of Solid Waste; John Mears, City Engineer; and Tony Carson, Operations Manager. The Public Works Department maintains 609 miles of water mains, 488 miles of sanitary sewer,518 centerline miles of roadway, 217 miles of alleys, 215 miles of storm sewer and 130 miles of drainage channels. Mayor Alemán thanked the Public Works Department employees for providing vital services to our community. 10. Mayor Alemán and Councilmembers expressed appreciation to everyone who helped to make the May 7, 2022, Cinco de Mayo celebration a huge success including the Parks and Recreation Department, Hispanic Forum of Mesquite, Unidos, LUCAC Mesquite and Mesquite Police Department . Downtown Mesquite received over 3,500 visitors during this event. CONSENT AGENDA Approval of the Consent Agenda Mr. Green moved to approve the items on the Consent Agenda as follows. Motion was seconded by Ms. Vidler and approved unanimously. 1 Minutes of the regular City Council Meeting held May 2, 2022. Approved on the Consent Agenda. 2 An ordinance amending the budget for the Fiscal Year 2021-22, as heretofore approved by Ordinance No. 4886 of the City of Mesquite, Texas, adopted on August 16, 2021, appropriating and setting aside the necessary funds out of the general and other revenues of the City of Mesquite for Fiscal Year 2021-22, for City of Mesquite, Texas Page 2 City Council Minutes - Final May 16, 2022 the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said amended budget. Approved on the Consent Agenda. Ordinance No. 4958, AMENDING THE BUDGET FOR THE FISCAL YEAR 2021-22 AS HERETOFORE APPROVED BY ORDINANCE NO. 4886 OF THE CITY OF MESQUITE, TEXAS, ADOPTED ON AUGUST 16, 2021, APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF MESQUITE FOR FISCAL YEAR 2021-22 FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND ACTIVITIES OF THE CITY, FOR CAPITAL AND OTHER IMPROVEMENTS OF THE CITY AND FOR ALL OTHER EXPENDITURES INCLUDED IN SAID AMENDED BUDGET; AND PROVIDING A SEVERABILITY CLAUSE. (Ordinance No. 4958 recorded in Ordinance Book No. 126.) 3 A resolution accepting additional funding in connection with the 2020 Homeland Security Grant Program and execution of the sub-recipient agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency, in the amount of $41,000.00; authorizing the Emergency Management Coordinator as the authorized official to apply for, accept, reject, alter or terminate the grant on behalf of the City and agreeing to return the $ 41,000.00 grant in the event of loss or misuse of the $41,000.00 grant funds. Approved on the Consent Agenda. Resolution No. 20-2022, ACCEPTING $41,000.00 IN ADDITIONAL FUNDING FROM THE 2020 HOMELAND SECURITY GRANT PROGRAM, ADMINISTERED BY THE OFFICE OF THE GOVERNOR, TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE AGENCY, DESIGNATING AND AUTHORIZING OFFICIALS TO APPLY FOR, ACCEPT, REJECT, ALTER, TERMINATE, AND OTHERWISE ADMINISTER THE GRANT ON BEHALF OF THE CITY, AND AGREEING TO RETURN THE $41,000.00 GRANT IN THE EVENT OF LOSS OR MISUSE OF THE GRANT FUNDS. (Resolution No. 20-2022 recorded in Resolution Book No. 64.) 4 A resolution adopting the City Council’s Fiscal Year 2022-2023 Strategic Goals and Objectives. Approved on the Consent Agenda. Resolution No. 21-2022, ADOPTING STRATEGIC GOALS AND OBJECTIVES FOR FISCAL YEAR 2022-2023. (Resolution No. 21-2022 recorded in Resolution Book No. 64.) 5 Bid No. 2022-057 - EMS Fire Department Medical Supplies. (Authorize the City Manager to finalize and execute a contract with Bound Tree Medical, LLC, through an Interlocal Cooperative Purchasing Agreement with the City of Midlothian, in an amount not to exceed $175,000.00 for a one-year period. The City Manager is authorized to exercise three additional one -year renewal options, subject to annual appropriation of sufficient funds.) Approved on the Consent Agenda. 6 Bid No. 2022-085 - Genetec-City Upgrade. City of Mesquite, Texas Page 3 City Council Minutes - Final May 16, 2022 (Authorize the City Manager to finalize and execute the required documents with Convergint Technologies LLC, dba Convergint CTC Texas LLC, through OMNIA Partners Contract No. R170502, in an amount not to exceed $65,738.17.) Approved on the Consent Agenda. 7 Bid No. 2022-097 - Purchase of One John Deere Backhoe (Model 310SL). (Staff recommends award to RDO Equipment Co., through Sourcewell Contract No. 032119-JDC, in the amount of $109,735.00.) Approved on the Consent Agenda. 8 Bid No. 2022-104 - MPD TASER Replacement. (Authorize the City Manager to execute an agreement with Axon Enterprise, Inc ., through BuyBoard Contract No. 603-20, in the amount of $128,180.96.) Approved on the Consent Agenda. 9 Bid No. 2022-105 - Neptune 360 Software-as-a-Service (SaaS) Agreement. (Authorize the City Manager to execute an agreement with Sole Source Provider Core & Main LP, for water meter advanced metering infrastructure (AMI) software services, through Neptune Technology Group Inc ., for a three-year period beginning in August 2023 through July 2026 for an amount not to exceed $1.86 per year per water meter up to 50,000 water utility customers.) Approved on the Consent Agenda. 10 Bid No. 2022-106 - WaterSmart Software-as-a-Service (SaaS) Agreement. (Authorize the City Manager to execute an agreement with Sole Source Provider Core & Main LP, for water meter customer portal software services through WaterSmart Software, Inc., for a three-year period beginning on June 15, 2023, through June 14, 2026, for an amount not to exceed $2.07 per year per water meter up to 50,000 water utility customers for year three and increasing to $2.13 and $2.19 respectively for years four and five.) Approved on the Consent Agenda. 11 Authorize an expenditure in the amount of $224,669.00 to the Mesquite Independent School District for reimbursement of improvements to the Mesquite Girls’ Softball Complex and authorize the City Manager to execute payment. Approved on the Consent Agenda. 12 Authorize the City Manager to finalize and execute the Authorization and Reimbursement Agreement with Union Pacific Railroad (UPRR) for the traffic signal at Clay Mathis Road and Scyene Road for a one-time payment in the amount of $545,386.00, with an annual signal maintenance fee, subject to annual appropriation of sufficient funds. Approved on the Consent Agenda. 13 Approve Amendment No. 4 to the 2021-22 Police State Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter City of Mesquite, Texas Page 4 City Council Minutes - Final May 16, 2022 59 of the Texas Code of Criminal Procedure in the amount of $200,000.00. Approved on the Consent Agenda. 14 Appoint Terry Anderson to the North Texas Municipal Water District Board of Directors for a term to expire May 31, 2024. Approved on the Consent Agenda. END OF CONSENT AGENDA APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 15 Consider appointment of one alternate member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2023, and one alternate member (Alternate No. 2) for a term to expire December 31, 2022. Ms. Anderson moved to appoint Ron Abraham to the Board of Adjustment, Alternate No. 1, for a term to expire December 31, 2023. Motion was seconded by Mr. Green and approved unanimously. 16 Consider appointment of one member (Position No. 7) to the Mesquite Quality of Life Corporation Board of Directors for a term to expire December 31, 2023, who will also serve on the Mesquite Economic Development Advisory Board. Mr. Green moved to appoint Ron Ward to the Mesquite Quality of Life Board of Directors, Position No. 7, and the Mesquite Economic Development Advisory Board for a term to expire December 31, 2023. Motion was seconded by Mr. Boroughs and approved unanimously. PUBLIC HEARINGS 17 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0322-0237, submitted by Kyle Coker of LGE Texas, LLC, for a change of zoning from Commercial to Planned Development - Commercial to allow an industrial business park, located at 19400 Interstate Highway 635, the 2100 through 2300 blocks of Orlando Avenue, and 2403 and 2501 Westwood Avenue. (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.) A public hearing was held for Zoning Application No. Z0322-0237. Garrett Langford, Manager of Planning and Zoning, stated that the applicant proposes to construct a 203,320-square-foot building for office, warehouse and light assembly uses on 12.78 acres located at 19400 Interstate Highway 635, the 2100 through 2300 blocks of Orlando Avenue, and 2403 and 2501 Westwood Avenue at the northeast corner of Interstate Highway 635 and U.S. Highway 80. The applicant is the same developer currently constructing a similar, but three building development, on the southeast corner of Interstate Highway 635 and U.S. Highway 80. Mr. Langford stated that access to Westwood Avenue will be gated and restricted City of Mesquite, Texas Page 5 City Council Minutes - Final May 16, 2022 to emergency vehicles only. Primary access to the development will be from the IH-635 frontage road. Applicant Taylor Mitcham, representing Creation Equity, presented a brief overview of the Project Vision which includes a Class A Office/Warehouse, high level of design, truck court not facing frontage road, landscape buffers and site walls. He also reviewed renderings of the proposed building. No one appeared regarding the proposed application. Mr. Green moved to approve Zoning Application No. Z0322-0237, as recommended by the Planning and Zoning with certain stipulations, with a modification to Exhibit B, Item No. 5, as follows: 5. The overnight parking of heavy load vehicles and/or unmounted trailers is permitted as defined in Section 3-600 of the Mesquite Zoning Ordinance in areas designated on the Concept Plan, if it is associated with a valid certificate of occupancy for a use located in a building that exceeds 100,000 square feet in area and is located within the PD. And to approve Ordinance No. 4959, AN ORDINANCE AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL TO PLANNED DEVELOPMENT - COMMERCIAL ON APPROXIMATELY 12.78 ACRES LOCATED AT 19400 INTERSTATE HIGHWAY 635, THE 2100 THROUGH 2300 BLOCKS OF ORLANDO AVENUE, AND 2403 AND 2501 WESTWOOD AVENUE TO ALLOW AN INDUSTRIAL BUSINESS PARK SUBJECT TO THE PLANNED DEVELOPMENT STANDARDS AND THE CONCEPT PLAN; REPEALING ALL ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Ms. Vidler. On call for a vote on the motion, the following votes were cast: Ayes: Green, Vidler, Alemán, Boroughs, Anderson Nayes: Casper Absent: Smith Motion carried. (Ordinance No. 4959 recorded in Ordinance Book No. 126.) ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Ms. Vidler 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 6

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, May 16, 2022 6:30 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 May 16, 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 May 16, 2022, to the following email address: sland@cityofmesquite.com. PRE-MEETING - TRAINING ROOMS A&B - 6:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 6:30 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 Mike Pettitt, Pastor, Connection Pointe, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of Mesquite Citizens Police Academy Alumni Association. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. City of Mesquite, Texas Page 1 Monday, May 16, 2022 City Council Meeting Agenda May 16, 2022 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.) 1 22-6038 Minutes of the regular City Council Meeting held May 2, 2022. Attachments: May 2, 2022, Minutes 2 21-5843 An ordinance amending the budget for the Fiscal Year 2021-22, as heretofore approved by Ordinance No. 4886 of the City of Mesquite, Texas, adopted on August 16, 2021, appropriating and setting aside the necessary funds out of the general and other revenues of the City of Mesquite for Fiscal Year 2021-22, for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said amended budget. Attachments: Ordinance Summary of Changes 3 22-6036 A resolution accepting additional funding in connection with the 2020 Homeland Security Grant Program and execution of the sub-recipient agreements with the Office of the Governor, Texas Homeland Security State Administrative Agency, in the amount of $41,000.00; authorizing the Emergency Management Coordinator as the authorized official to apply for, accept, reject, alter or terminate the grant on behalf of the City and agreeing to return the $41,000.00 grant in the event of loss or misuse of the $41,000.00 grant funds. City of Mesquite, Texas Page 2 Monday, May 16, 2022 City Council Meeting Agenda May 16, 2022 Attachments: Resolution Statement of Grant Award Congratulatory Letter Responsibilities Memo Fund Specific Conditions 4 22-6043 A resolution adopting the City Council’s Fiscal Year 2022-2023 Strategic Goals and Objectives. Attachments: Resolution 5 22-6041 Bid No. 2022-057 - EMS Fire Department Medical Supplies. (Authorize the City Manager to finalize and execute a contract with Bound Tree Medical, LLC, through an Interlocal Cooperative Purchasing Agreement with the City of Midlothian, in an amount not to exceed $175,000.00 for a one-year period. The City Manager is authorized to exercise three additional one-year renewal options, subject to annual appropriation of sufficient funds.) Attachments: Midlothian Award Documents 6 22-6034 Bid No. 2022-085 - Genetec-City Upgrade. (Authorize the City Manager to finalize and execute the required documents with Convergint Technologies LLC, dba Convergint CTC Texas LLC, through OMNIA Partners Contract No. R170502, in an amount not to exceed $65,738.17.) Attachments: Genetec Upgrade Proposal 7 22-6020 Bid No. 2022-097 - Purchase of One John Deere Backhoe (Model 310SL). (Staff recommends award to RDO Equipment Co., through Sourcewell Contract No. 032119-JDC, in the amount of $109,735.00.) Attachments: Quote Photo 8 22-6031 Bid No. 2022-104 - MPD TASER Replacement. (Authorize the City Manager to execute an agreement with Axon Enterprise, Inc., through BuyBoard Contract No. 603-20, in the amount of $128,180.96.) Attachments: Quote Federal Seizure Amendment 1 9 22-6026 Bid No. 2022-105 - Neptune 360 Software-as-a-Service (SaaS) Agreement. (Authorize the City Manager to execute an agreement with Sole Source Provider Core & Main LP, for water meter advanced metering infrastructure (AMI) software services, through Neptune Technology Group Inc., for a three-year period beginning in August 2023 through July 2026 for an amount not to exceed $1.86 per year per water meter up to City of Mesquite, Texas Page 3 Monday, May 16, 2022 City Council Meeting Agenda May 16, 2022 50,000 water utility customers.) Attachments: Neptune SaaS Agreement Sole Source Letter 10 22-6027 Bid No. 2022-106 - WaterSmart Software-as-a-Service (SaaS) Agreement. (Authorize the City Manager to execute an agreement with Sole Source Provider Core & Main LP, for water meter customer portal software services through WaterSmart Software, Inc., for a three-year period beginning on June 15, 2023, through June 14, 2026, for an amount not to exceed $2.07 per year per water meter up to 50,000 water utility customers for year three and increasing to $2.13 and $2.19 respectively for years four and five.) Attachments: WaterSmart SaaS Agreement Sole Source Letter 11 22-6029 Authorize an expenditure in the amount of $224,669.00 to the Mesquite Independent School District for reimbursement of improvements to the Mesquite Girls’ Softball Complex and authorize the City Manager to execute payment. Attachments: Invoice 12 22-6042 Authorize the City Manager to finalize and execute the Authorization and Reimbursement Agreement with Union Pacific Railroad (UPRR) for the traffic signal at Clay Mathis Road and Scyene Road for a one-time payment in the amount of $545,386.00, with an annual signal maintenance fee, subject to annual appropriation of sufficient funds. Attachments: Authorization and Reimbursement Agreement 13 22-6037 Approve Amendment No. 4 to the 2021-22 Police State Seizure Budget in accordance with Title 28, Section 524 of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $200,000.00. Attachments: Seizure Amendment No. 4 14 22-6030 Appoint Terry Anderson to the North Texas Municipal Water District Board of Directors for a term to expire May 31, 2024. Attachments: NTMWD Letter APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 15 22-5990 Consider appointment of one alternate member (Alternate No. 1) to the Board of Adjustment for a term to expire December 31, 2023, and one alternate member (Alternate No. 2) for a term to expire December 31, 2022. Attachments: List of Eligible Applicants City of Mesquite, Texas Page 4 Monday, May 16, 2022 City Council Meeting Agenda May 16, 2022 16 22-6044 Consider appointment of one member (Position No. 7) to the Mesquite Quality of Life Corporation Board of Directors for a term to expire December 31, 2023, who will also serve on the Mesquite Economic Development Advisory Board. PUBLIC HEARINGS (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.) 17 22-6032 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0322-0237, submitted by Kyle Coker of LGE Texas, LLC, for a change of zoning from Commercial to Planned Development - Commercial to allow an industrial business park, located at 19400 Interstate Highway 635, the 2100 through 2300 blocks of Orlando Avenue, and 2403 and 2501 Westwood Avenue. (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.) Attachments: Staff report & maps P&Z minutes Ordinance ADJOURNMENT 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: City of Mesquite, Texas Page 5 Monday, May 16, 2022 City Council Meeting Agenda May 16, 2022 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, et al, 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. Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken. 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. 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. City of Mesquite, Texas Page 6 Monday, May 16, 2022 City Council Meeting Agenda May 16, 2022 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 7 Monday, May 16, 2022

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