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City Council

Regular Meeting

Mesquite, TX · March 18, 2024

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, March 18, 2024 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive proposed changes to the Utility Billing Office operations. It was Council consensus to move forward with the proposed changes to the Utility Billing Office operations. EXECUTIVE SESSION - TRAINING ROOMS A&B - 5:53 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 (Receive update on pending and contemplated litigation cases ); whereupon, the City Council proceeded to meet in Training Rooms A&B. After the closed meeting ended at 6:07 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:12 P.M. 2 Receive presentation of 2023 Meritorious Awards to Fire Department employees. Assistant Fire Chief Tommy Green stated that the purpose of the annual Fire Department meritorious awards is to recognize members of the Mesquite Fire Department and employees of the City of Mesquite who provide superior public service to Mesquite residents. Numerous members of the department will be recognized with lifesaving awards, physical ability fitness awards, and awards for perfect attendance. The department will also recognize Officer of the Year, Paramedic of the Year, Firefighter of the Year and recipients of the Fire Chief Award for their dedication to their jobs and the betterment of the Mesquite Fire Department. Fire Chief Russell Wilson and Assistant Fire Chief Green presented meritorious City of Mesquite, Texas Page 1 City Council Minutes - Final March 18, 2024 awards as follows: • Officer of the Year – Captain/Paramedic (CPT/PAR) Jason Eddy • Paramedic of the Year – Firefighter/Paramedic (FF/PAR) Erik Richmond • Firefighter of the Year – Firefighter/Paramedic (FF/PAR) Brian Hill • Fire Chief Award – Lieutenant/Paramedic (LT/PAR) Royce Cartwright and Lieutenant/Paramedic (LT/PAR) Zachary Bell • Life Saving Award No. 1 – LT/PAR Michael Crawford, Driver-Engineer/ Paramedic (DE/PAR) Michael Potter, FF/PAR Tobias Henry, DE/PAR Kenneth Holt, FF/PAR Victor Palasciano and On-Duty Dispatcher Officer Jack Fyall • Life Saving Award No. 2 – LT/PAR Stephen Holland, DE/PAR David Bates, FF/PAR Benjamin Hanley, FF/EMT Caleb Pollard, CPT/PAR Chad Holmes, FF/PAR Justin Turner and Public Safety Communications Manager Tammy Thomas • Life Saving Award No. 3 – CPT/PAR Melvin Tucker, DE/PAR Kenneth Holt, FF/PAR Dylan Saucedo, FF/EMT Collin Hester, FF/PAR David Ballard, FF/PAR David Williams and Public Safety Dispatcher Joe Gulbin • Life Saving Award No. 4 – LT/PAR Bobby Bryant, DE/PAR Keith Honey, FF/PAR Austin Holt, FF/PAR David Williams, FF/PAR Benjamin Hanley and Public Safety Dispatcher Nikki Garcia • Life Saving Award No. 5 – DE/PAR David Schoen, DE/PAR Wayne Lasater, FF/PAR Austin Holt, FF/PAR Thomas Giddens, FF/PAR Matthew Cummings, FF/PAR Travis Dunlap and Public Safety Dispatcher Alexa Williams • Life Saving Award No. 6 – CPT/PAR David Ivie, CPT/PAR Matthew Haisten, DE/PAR Connor Lowrance, FF/PAR Dustin Rhodes, FF/PAR Michael Glasgow, FF/PAR Jack Wells and Public Safety Dispatcher Arizona Jenkins • Life Saving Award No. 7 – CPT/PAR Travis Greenman, DE/PAR Connor Lowrance, FF/PAR Samantha Criswell, FF/PAR Dustin Rhodes, FF/PAR Erik Richmond, FF/PAR Jacob Espinoza, On-Duty Dispatcher Officer Colton Ables and Public Safety Dispatcher Kaelin Forrest • Life Saving Award No. 8 – CPT/PAR Ronald Buie, DE/PAR Jeremy Heiner, FF/PAR William Rosen, FF/PAR Jack Wells, FF/PAR Bradley Hurtt, FF/PAR Kris Johnson and Public Safety Dispatcher Molly Reinhart • Life Saving Award No. 9 – CPT/PAR Robert Williams, DE/PAR Wes Waugaman, FF/EMT Jacob Snyder, FF/EMT Joel Franco, DE/PAR Aaron Hall, FF/PAR Nick Vander Tuig, CPT/PAR Chad Rose, DE/PAR Parker Jackson, DE/PAR Samuel Weisz, On-Duty Dispatcher Officer Jeffrey Anderson and Public Safety Dispatchers Arizona Jenkins, Nikki Garcia, Tammy Thomas, Yadira Calderon, Lisa Walzel and Meghann Oliver. • Life Saving Award No. 10 – CPT/PAR Michael Teamann, LT/PAR Kasey Vestal, DE/PAR Micah Marienfeld, FF/PAR Christopher Thomas, FF/PAR Keith Harrison, FF/PAR Thomas Burnett and Public Safety Dispatcher Alex Sparling Perfect Attendance Awards were presented to: • First-Time Recipients – Battalion Chief (BC)/PAR Michael Bartis, DE/PAR Micah Marienfeld, FF/PAR Jeswin Jose, FF/PAR Darienne Jones, FF/EMT Perry Williams and FF/EMT Thomas Giddens • Two-Time Recipients – CPT/PAR Travis Block, DE/PAR Keith Honey and FF/PAR Travis Dunlap • Five-Time Recipients – BC/PAR Brian Staples City of Mesquite, Texas Page 2 City Council Minutes - Final March 18, 2024 Assistant Fire Chief Green stated that one of the ways that the Fire Department measures a firefighters’ physical ability to perform is an evaluation called the Physical Ability Test (PAT), which is mandatory for every Fire Department member, up to and including the Fire Chief. This past year, 46 members of the Fire Department received this award. The following members posting times designated as optimal for their age group earning the PAT Fitness Bar include: • First-Time Recipients – Adam Klain, Benjamin Hanley, Caleb Schallawitz, Cody Farrell, Cory Thomas, David Ballard, Jacob Espinoza, Jason Dagenais, Josh Hillis and Max Williams • Two-Time Recipients – Cory Tomlin, Darnell Brundage, Erric Baack, Israel Guy, James McCoy, Justin James, Kevin Boling, Nicholas Alonso, Thomas Neff, Travis Dunlap, Victor Palasciano and Zachary Bell • Three-Time Recipients – Austin Holt, Brad Hurtt, Jack Wells, Jimmy Johnson, John Kelly, Justin Beaird, Kenneth Crawford, Matthew Haisten, Matt Koop, Miles Lacey and Nick Vander Tuig • Four-Time Recipients – Anthony Shrum, Bryan Serda, Casey Peach, David David, Jacob Heise, Jason Eddy, Justin Sanders, Kyle Jones, Rob Clarke, Rodney Jones, Royce Cartwright, Steve Snell and Travis Block The work session ended at 6:48 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Douglas Herrell, Pastor, Family Cathedral of Praise, Mesquite, Texas. PLEDGE OF ALLEGIANCE City Staff. SPECIAL ANNOUNCEMENTS 1. Mr. Murden invited citizens to attend a free, family-friendly concert, “Mesquite Rocks,” on Thursday, March 21, 2024, from 7:00 p.m. to 9:00 p.m., at the Mesquite Arts Center Courtyard, 1527 North Galloway Avenue, featuring the Elton Johns. 2. Mr. Murden invited citizens to a District 6 Neighborhood Meeting on Thursday, March 28, 2024, at 7:00 p.m., at B. J. Smith Elementary School, 2300 Mesquite Valley Road. 3. Mr. Smith stated that Spring weather in North Texas changes rapidly and the best way to stay “in the know” is by signing up for Mesquite Alerts. Through Mesquite Alerts, you will receive real -time notifications with accurate, reliable information to keep you safe regarding emergencies, weather and news that pertains to your particular neighborhood. And when you sign up, you can choose whether you want to receive these alerts through text message, recorded phone message or email. Your contact information remains private and will only be used for community notifications. 4. Mr. Smith invited citizens to attend a Rutherford Crime Watch meeting on Thursday, March 21, 2024, at 7:00 p.m., at Rutherford Recreation Center, 900 Rutherford Drive. City of Mesquite, Texas Page 3 City Council Minutes - Final March 18, 2024 5. Mr. Boroughs stated that part of the Get Fit Mesquite self-improvement program that the City launched this year is financial fitness. The City is hosting a workshop called “Your Credit and Tips for Improvement” in two sessions on Wednesday, March 20, 2024, from Noon to 1:00 p.m. and from 6:00 p.m. to 7:00 p.m. Both sessions will be held at City Hall, 757 North Galloway Avenue, in Training Rooms A&B, and will be led by Jennifer Salazar of Fairway Mortgage. Attendees will learn about credit scoring, financial myths, requirements to purchase a home and tips to improve your credit. 6. Mr. Boroughs invited residents to the next Town Hall Tuesday meeting on Tuesday, March 26, 2024, at 6:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A&B. City Manager Cliff Keheley will lead the meeting, which will include a question and answer session and cookies. 7. Ms. Rodriguez-Ross stated that the annual Rodeo Parade will be held on Saturday, April 6, 2024, at 10:00 a.m., in Downtown Mesquite. The parade and rodeo have evolved since the 1950’s into a celebration of the City’s rodeo heritage. The rodeo now includes a Kids’ Bull Riding Championship, a Women’s Rodeo, a Hispanic Rodeo, a Black Rodeo and more as the City continues to become more diverse. This year, the Rodeo Parade happens to fall on the weekend before the total solar eclipse on Monday, April 8, 2024. One of the awards for parade floats will be “Best Solar Eclipse Theme.” Also, a prize will be given for best overall float. Entry is open to all local civic clubs, community groups, sports teams, school clubs and businesses. The fee to enter is $40.00 and registration ends on Wednesday, April 3, 2024. 8. Mr. Green stated that on Monday, March 4, 2024, the City began a new focus for trash collection called “Driveway Service.” Trash is now collected at the end of the residents’ driveways. Making this change will save taxpayers money and improve City services. Collection days are not changing and the City will continue to assist elderly and disabled residents who notify the Solid Waste Division for help to put their trash out for collection. The main thing to remember is that wherever your driveway is, your trash will be picked up there. Residents can visit www.cityofmesquite.com/DrivewayService to view maps of the areas affected by the change. 9. Mr. Green invited citizens to attend a District 2 Neighborhood Meeting on Saturday, March 23, 2024, at 10:00 am., at Florence Recreation Center, 2501 Whitson Way. 10. Mr. Casper invited citizens to attend the Spring Fling Carnival and Car Show on Thursday, March 28, 2024, from 5:30 p.m. to 7:00 p.m., at Vanguard High School, 4201 Faithon P. Lucas, Sr., Boulevard. The vehicle entry fee to participate in the car show is $20.00 and all proceeds benefit the Vanguard High School Automotive Department. The Spring Fling Carnival is a free, family -friendly event and will include an egg hunt, carnival games, concessions, pictures with the Easter Bunny and much more. 11. Mr. Casper announced that the annual Bunny EGGstravaganza will be held on Saturday, March 30, 2024. This free, family-friendly celebration will be from 9:00 a.m. to 1:00 p.m., at Evans Recreation Center, 1116 Hillcrest Street. Bunny EGGstravaganza will feature two egg hunts for kids - one starting at 10:00 a.m. and then at 12:00 p.m. Both egg hunts will be organized by age groups. This year, some eggs will contain special coupons from Nothing Bundt Cakes for a free treat. Other activities will include free pictures with the Easter Bunny, a balloon artist, face painting and bounce houses . Attendees also can pick up a free Whataburger taquito – only one per person – and the first 500 people will receive free Scooter’s Coffee. 12. Mr. Casper stated that Mesquite’s Summer Youth Internship Program is a paid internship program for high school students. The program helps young people acquire the skills and training necessary to transition into college and future careers. He invited citizens to attend an information session for students and parents on Friday, April 5, 2024, at 4:30 p.m., at the Mesquite Main Library, 300 West Grubb Drive. Also, if you are a business owner or operate a non -profit organization, the City would like to partner with you to place an intern with your company over the summer. For more information, visit www.cityofmesquite.com/SYIP. 13. Mayor Alemán stated that March is Women’s History Month and the City is sharing posts on social media regarding the amazing women who have helped shape our community. That includes Councilmember Elizabeth Rodriguez-Ross, who was featured on Thursday, March 14, 2024. She City of Mesquite, Texas Page 4 City Council Minutes - Final March 18, 2024 made history in 2023 as the first Hispanic woman elected to the City Council. Today, there was a tribute posted regarding the City’s Municipal Court Judge Detra Hill. Judge Hill broke two barriers when she was appointed to the post in 2020. She is the first woman and first African-American person in the City’s history to reside over the court. To see these posts and the ones coming up, look for the City of Mesquite, Texas, on Facebook, Instagram, X (formerly Twitter) and NextDoor. 14. Mayor Alemán stated that the “Solar Rodeo” weekend is rapidly approaching. A little less than a month from now, tens of thousands of visitors will flock to North Texas to view the total solar eclipse that is happening on the afternoon of Monday, April 8, 2024. Mesquite is a prime viewing location for this incredible astronomical event. The eclipse will last for four minutes and eight seconds in Mesquite – longer than most cities in the Metroplex. To make sure visitors and residents enjoy this time, the Solar Rodeo provides a weekend full of activities for the entire family. Events include the Rodeo Parade and the opening of the Downtown Farmers Market on Saturday, April 6, 2024, and a Tejano music festival at the Mesquite Arena, 1818 Rodeo Drive, on Sunday, April 7, 2024. There will be multiple eclipse-watching parties on Monday, April 8, 2024, at various locations including Paschall Park, Front Street Station, Mesquite Arts Center and Opal Lawrence Historical Park. For more events, visit TheSolarRodeo.com. The City is already preparing the public safety plans so that everyone can come to Mesquite and enjoy this once-in-a-lifetime experience. Keep an eye on the City’s social media accounts for tips for residents and business owners regarding how to navigate through town during this busy weekend. 15. Mayor Alemán invited Fire Department Battalion Chief Phil Cunningham to share a few words regarding the Multiple Dystrophy Association (MDA) Fill-the-Boot Campaign. Chief Cunningham announced that this year marks the 70th Anniversary between the MDA and Firefighters across the nation. Last year, just in Texas, over $1.1 million was raised for MDA and in the City of Mesquite, over $26,000.00 was raised. The campaign will be held on Friday, March 29, 2024, Friday, April 5, 2024, and Friday, April 12, 2024. Firefighters will be collecting donations on street corners from 7:30 a.m. to 8:30 a.m. each morning and from 4:00 p.m. to 6:00 p.m. each afternoon. He thanked citizens for their continued support of MDA and stated that all money collected is used toward research and summer camps for kids with Firefighters serving as camp counselors. He thanked Mr. Boroughs for his long-time support of MDA and for volunteering at the summer camps. Mr. Boroughs kicked off the campaign by making the first donation followed by other Councilmembers and City staff. CITIZENS FORUM 1. Vivian Johnson, 4538 Live Oak Drive, expressed concerns regarding the intersection at Galloway Avenue and IH-30. CONSENT AGENDA Approval of the Consent Agenda Mr. Casper moved to approve the items on the Consent Agenda as follows. Motion was seconded by Mr. Green and approved unanimously. 3 Minutes of the regular City Council meeting held March 4, 2024. Approved on the Consent Agenda. 4 Bid No. 2024-029 - Annual Contract for Emergency Vehicle Equipment Installation. (Authorize the City Manager to finalize and execute a contract with MAL Technologies Fleet, LLC, through BuyBoard Contract No. 698-23, in an amount not to exceed $600,000.00. The term of the contract is for a one-year period, City of Mesquite, Texas Page 5 City Council Minutes - Final March 18, 2024 with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to annual appropriation of funds.) Approved on the Consent Agenda. 5 RFP No. 2024-046 - Annual Contract for High-Performance Network & Specialty Care Management Services. (Authorize the City Manager to finalize and execute a contract with Employer Direct Health in an amount not to exceed $300,000.00. The term of the contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Approved on the Consent Agenda. 6 Bid No. 2024-087 - Purchase of Fire Protective Clothing for Fire Operations Personnel. (Staff recommends award to Municipal Emergency Services, Inc., through Sourcewell Purchasing Cooperative Contract No. 032620, in an amount not to exceed $270,000.00.) Approved on the Consent Agenda. 7 Bid No. 2024-095 - Facility Assessment and Management Software. (Authorize the City Manager to finalize and execute a subscription agreement and necessary addendums with Brightly Software Inc., through Sourcewell Cooperate Purchasing Contract No. 090320-SDI, in an amount not to exceed $192,675.48.) Approved on the Consent Agenda. 8 Authorize the City Manager to execute a Lease Agreement with Texas A&M Engineering Extension Service (TEEX) for a 33.2-acre site located at IH-20 and Lumley Road to be utilized as TEEX’s North Texas Regional Training Center. Approved on the Consent Agenda. 9 Authorize the City Manager to finalize and execute an Agreement for Award of Transportation Development Credits between the Regional Transportation Council (RTC) and City of Mesquite. Approved on the Consent Agenda. 10 Authorize the City Manager to finalize and execute a contract with Data Transfer Solutions, LLC, to prepare a pavement assessment in the amount of $225,992.00. Approved on the Consent Agenda. City of Mesquite, Texas Page 6 City Council Minutes - Final March 18, 2024 11 Authorize the City Manager to finalize and execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for development of Traffic Signal Design Plans in the amount of $250,000.00. Approved on the Consent Agenda. 12 Authorize the City Manager to execute a Professional Services Contract with On Duty Health - Texas, PLLC, to provide annual medical and physical assessment services for City of Mesquite employees in an amount not to exceed $250,000.00, for a one-year term. Approved on the Consent Agenda. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 13 Consider appointment of one Regular Member (Position No. 7) to the Planning and Zoning Commission/Capital Improvements Advisory Committee/Airport Zoning Commission for a term to expire December 31, 2025, one Alternate Member (Alternate No. 1) for a term to expire December 31, 2025, and one Alternate Member (Alternate No. 2) for a term to expire December 31, 2024. Mr. Casper moved to change the appointment of Soira Teferi from an Alternate Member (Alternate No. 2) to a Regular Member (Position No. 7) of the Planning and Zoning Commission/Capital Improvements Advisory Committee/Airport Zoning Commission for a term to expire December 31, 2025, to appoint Wana Alwalee as an Alternate Member (Alternate No. 1) for a term to expire December 31, 2025, and to appoint Ronnie Chenault as an Alternate Member (Alternate No. 2) for a term to expire December 31, 2024. Motion was seconded by Mr. Murden and approved unanimously. PUBLIC HEARINGS 14 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance adopting Standards of Care associated with the City ’s recreation programs titled “2024 Youth Programs Standards of Care” and repealing Ordinance No. 5012. A public hearing was held regarding the Parks and Recreation Department Youth Programs Standards of Care. Elizabeth Harrell, Parks and Recreation Director, stated the Parks and Recreation Department operates youth recreation programs at the recreation centers after regular school hours and when school is not in session. These programs provide a constructive recreational experience and reduce the number of school-aged children left without adult supervision. Last year approximately 4,000 children participated. Ms. Harrell stated that the Youth Programs Standards of Care (SOC) is reviewed annually and adopted by ordinance, following a public hearing. This year, the SOC includes the following updates: (1) Clarification that participants must complete a registration form to participate; (2) Language to clarify that staff City of Mesquite, Texas Page 7 City Council Minutes - Final March 18, 2024 cannot provide individual one-on-one supervision; (3) Language to clarify that parents will be asked to pick up children for behavior issues; and (4) Language to clarify policies for fees and late pick-up. No one appeared regarding the Parks and Recreation Department Youth Programs Standards of Care. Mr. Boroughs moved to approve Ordinance No. 5098, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING STANDARDS OF CARE ASSOCIATED WITH THE CITY’S RECREATION PROGRAMS TITLED “2024 YOUTH PROGRAMS STANDARDS OF CARE”; REPEALING ORDINANCE NO. 5012; PROVIDING A GENERAL REPEALING CLAUSE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was seconded by Mr. Smith and approved unanimously. (Ordinance No. 5098 recorded in Ordinance Book No. 131.) 15 Conduct a public hearing and consider an ordinance for Zoning Application No . Z0124-0343, submitted by Jose Vazquez, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a body art/decoration business with a modification to allow the use within 1,000 feet of a parcel that is zoned residential, located at 3501 Gus Thomasson Road, Suite 31. (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.) A public hearing was held for Zoning Application No. Z0124-0343. Jeff Armstrong, Director of Planning and Development Services, stated that the applicant proposes to open a tattoo business within the Driftwood Village shopping center. Such businesses require a Conditional Use Permit. The proposed use is located approximately 60 feet from the single-family residential district located behind the subject property. The Zoning Ordinance requires tattoo businesses to be 1,000 feet from residential zoning, so the applicant is also requesting a modification from the separation requirement. Applicant Jose Vazquez stated that they plan hire six additional tattoo artists and will provide art classes for all ages on weekends. The art made during the art classes will be displayed in an art gallery along with art from the previous studio. The business hours during the week will be 12:00 p.m. to 10:00 p.m. and services will be provided by appointment but will allow walk-ins, if available. Vivian Johnson, 4538 Live Oak Drive, expressed support for the proposed application. No others appeared regarding the proposed application. Mr. Casper moved to approve Zoning Application No. Z0124-0343, as recommended by the Planning and Zoning Commission, and to approve Ordinance No. 5099, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM COMMERCIAL TO COMMERCIAL WITH A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 3501 GUS THOMASSON ROAD, SUITE 31 TO ALLOW A BODY ART / DECORATION BUSINESS WITH A MODIFICATION TO THE City of Mesquite, Texas Page 8 City Council Minutes - Final March 18, 2024 SPECIAL CONDITIONS PROHIBITING A BODY ART / DECORATION BUSINESS WITHIN 1,000 FEET OF A RESIDENTIAL DISTRICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Murden. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Murden, Alemán, Smith, Green, Rodriguez-Ross Nayes: Boroughs Motion carried. (Ordinance No. 5099 recorded in Ordinance Book No. 131.) 16 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) with Town East Shopping Center, LLC, a Texas limited liability company, for the major renovation and redevelopment of the property located at 3301 North Town East Boulevard, 2937 Motley Drive, and 2945 Motley Drive, Mesquite, Texas 75150, in the City of Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City. A public hearing was held to consider a resolution authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) with Town East Shopping Center, LLC, for the major renovation and redevelopment of the property located at 3301 North Town East Boulevard, 2937 Motley Drive and 2945 Motley Drive. Kim Buttram, Director of Economic Development, stated that the first strip shopping center constructed in Mesquite, known as the Town East Shopping Center, was constructed in 1970 and consists of an approximately 58,000 square feet of retail space on almost 12-acres. The developer, CenterPoint Commercial Properties - who redeveloped Northridge Shopping Center and Towne Crossing Shopping Center in Mesquite, purchased the Town East Shopping Center property in 2023 with the intention of remodeling the existing main structure, replacing substandard structures, and adding new businesses to the ample space on the property. Ms. Buttram stated that CenterPoint will incur extenuating costs associated with the property due to deferred maintenance over many years and is requesting participation from the City in the way of incentive grants and tax rebate grants. The proposed Chapter 380 Agreement provides the developer a grant payment of up to $250,000.00, should the developer complete a minimum of $750,000.00 in capital improvements, including new façades and signage within two years of the effective date of the agreement, as well as provide parking lot improvements and make ready at least three additional pad sites on the property. Ms. Buttram stated that additionally, the agreement provides a 25 percent grant of Real Property taxes paid to the City and one percent of Sales and Use Taxes received by the City for up to 10 years on all existing improved structures and businesses and future new structures and businesses located on the property. All incentives paid over the term of the agreement may not exceed $1 million. Applicant Mark Cohen, President, CenterPoint Commercial Properties, presented City of Mesquite, Texas Page 9 City Council Minutes - Final March 18, 2024 an overview of the project and previous projects within the City. No one appeared regarding the proposed resolution. Mr. Green moved to approve Resolution No. 14-2024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN ECONOMIC DEVELOPMENT PROGRAM CHAPTER 380 AGREEMENT (“AGREEMENT”) WITH TOWN EAST SHOPPING CENTER, LLC, A TEXAS LIMITED LIABILITY COMPANY, FOR THE MAJOR RENOVATION AND REDEVELOPMENT OF THE PROPERTY LOCATED AT 3301 NORTH TOWN EAST BOULEVARD, 2937 MOTLEY DRIVE, AND 2945 MOTLEY DRIVE IN THE CITY OF MESQUITE, TEXAS 75150; AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Murden and approved unanimously. (Resolution No. 14-2024 recorded in Resolution Book No. 69.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:07 P.M. 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. 17 – Discuss economic development incentives for a business relocation on Scyene Road in Mesquite, Texas.); whereupon, the City Council proceeded to meet in Council Conference Room. After the closed meeting ended at 8:13 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:13 P.M. 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 City Manager); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 9:46 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Green moved to adjourn the meeting. Motion was seconded by Mr. Boroughs and approved unanimously. The meeting adjourned at 9:46 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 10 City Council Minutes - Final March 18, 2024 City of Mesquite, Texas Page 11

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, March 18, 2024 5:00 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Members of the public desiring to speak during Citizens Forum may complete a registration card, which is available at the entrance to the City Council Chamber, and present it to the City Secretary prior to the meeting or pre-register by sending an email, including name, address and subject to be discussed, to the City Secretary at sland@cityofmesquite.com by 3:00 p.m., on March 18, 2024. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 24-7107 Receive proposed changes to the Utility Billing Office operations. (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 COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 2 24-7108 Receive presentation of 2023 Meritorious Awards to Fire Department employees. Attachments: List of Award Recipients REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Harry Sewell, Pastor, Family Cathedral, Forney, Texas. City of Mesquite, Texas Page 1 Monday, March 18, 2024 City Council Meeting Agenda March 18, 2024 PLEDGE OF ALLEGIANCE Members of Texas Tarheels National Flag Football Champions. 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.) 3 24-7104 Minutes of the regular City Council meeting held March 4, 2024. Attachments: March 4, 2024, minutes 4 24-7102 Bid No. 2024-029 - Annual Contract for Emergency Vehicle Equipment Installation. (Authorize the City Manager to finalize and execute a contract with MAL Technologies Fleet, LLC, through BuyBoard Contract No. 698-23, in an amount not to exceed $600,000.00. The term of the contract is for a one-year period, with two additional one-year renewal options. The City Manager is authorized to exercise the renewal options subject to annual appropriation of funds.) Attachments: Contract 5 23-6980 RFP No. 2024-046 - Annual Contract for High-Performance Network & Specialty Care Management Services. (Authorize the City Manager to finalize and execute a contract with City of Mesquite, Texas Page 2 Monday, March 18, 2024 City Council Meeting Agenda March 18, 2024 Employer Direct Health in an amount not to exceed $300,000.00. The term of the contract is for a one-year period, with four additional one-year renewal options. The City Manager is authorized to exercise the renewal options, subject to the annual appropriation of sufficient funds.) Attachments: Scoring Matrix 6 24-7088 Bid No. 2024-087 - Purchase of Fire Protective Clothing for Fire Operations Personnel. (Staff recommends award to Municipal Emergency Services, Inc., through Sourcewell Purchasing Cooperative Contract No. 032620, in an amount not to exceed $270,000.00.) Attachments: Quote 7 24-7114 Bid No. 2024-095 - Facility Assessment and Management Software. (Authorize the City Manager to finalize and execute a subscription agreement and necessary addendums with Brightly Software Inc., through Sourcewell Cooperate Purchasing Contract No. 090320-SDI, in an amount not to exceed $192,675.48.) Attachments: Brightly Quote and Statement of Work 8 24-7099 Authorize the City Manager to execute a Lease Agreement with Texas A&M Engineering Extension Service (TEEX) for a 33.2-acre site located at IH-20 and Lumley Road to be utilized as TEEX’s North Texas Regional Training Center. Attachments: Lease Agreement 9 24-7100 Authorize the City Manager to finalize and execute an Agreement for Award of Transportation Development Credits between the Regional Transportation Council (RTC) and City of Mesquite. Attachments: Agreement 10 24-7103 Authorize the City Manager to finalize and execute a contract with Data Transfer Solutions, LLC, to prepare a pavement assessment in the amount of $225,992.00. 11 24-7110 Authorize the City Manager to finalize and execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for development of Traffic Signal Design Plans in the amount of $250,000.00. Attachments: Recommendation Letter Intersection Map 1 Intersection Map 2 Intersection Map 3 Intersecton Map 4 Intersection Map 5 12 24-7106 Authorize the City Manager to execute a Professional Services Contract City of Mesquite, Texas Page 3 Monday, March 18, 2024 City Council Meeting Agenda March 18, 2024 with On Duty Health - Texas, PLLC, to provide annual medical and physical assessment services for City of Mesquite employees in an amount not to exceed $250,000.00, for a one-year term. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 13 24-7112 Consider appointment of one Regular Member (Position No. 7) to the Planning and Zoning Commission/Capital Improvements Advisory Committee/Airport Zoning Commission for a term to expire December 31, 2025, one Alternate Member (Alternate No. 1) for a term to expire December 31, 2025, and one Alternate Member (Alternate No. 2) for a term to expire December 31, 2024. Attachments: List of Eligible Applicants 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.) 14 24-7105 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance adopting Standards of Care associated with the City’s recreation programs titled “2024 Youth Programs Standards of Care” and repealing Ordinance No. 5012. Attachments: Ordinance Redlined Standards of Care 15 24-7098 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0124-0343, submitted by Jose Vazquez, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow a body art/decoration business with a modification to allow the use within 1,000 feet of a parcel that is zoned residential, located at 3501 Gus Thomasson Road, Suite 31. (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.) Attachments: Staff Report and Maps P&Z Minutes Ordinance 16 24-7092 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program City of Mesquite, Texas Page 4 Monday, March 18, 2024 City Council Meeting Agenda March 18, 2024 Agreement (Chapter 380 Agreement) with Town East Shopping Center, LLC, a Texas limited liability company, for the major renovation and redevelopment of the property located at 3301 North Town East Boulevard, 2937 Motley Drive, and 2945 Motley Drive, Mesquite, Texas 75150, in the City of Mesquite, Texas, and authorizing the City Manager to administer the agreement on behalf of the City. Attachments: Resolution 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: 1. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 03-14-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 08-10-2022 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 – Filed 08-03-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-23-00485-CV - Filed 05-19-2023 3. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 09-06-2022 4. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 04-11-2023 5. State of Texas v. Villa, Cause No. 05-22-00220-CR, pending in the Court of Criminal Appeals, Cause No. PD-0756-23 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023 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 09-28-2023 8. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 9. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 10. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 11. Avery Fuentes v. Jeffery Holland and City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 12. Bethany Hall and Antonio Holmes v. City of Mesquite, et al; Case No. DC-24-00034, Filed 01-02-2024; removed to the United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:24-cv-00231-B, on 01-30-2024 13. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 14. Mesquite Asset Recovery Group, LLC; Verde Center Partners, LLC; HQZ Partners, L .P.; Lang and Company, LLC; and MCG-124, LLC v. City of Mesquite, Texas, Cause No. DC-24-02668, Filed 02-15-2024 Personnel Matters City of Mesquite, Texas Page 5 Monday, March 18, 2024 City Council Meeting Agenda March 18, 2024 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 City Manager Economic Development Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations or to deliberate the offer of a financial or other incentive to such a business prospect. The following subjects may be discussed: 17 24-7113 Discuss economic development incentives for a business relocation on Scyene Road in Mesquite, Texas. 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. 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. City of Mesquite, Texas Page 6 Monday, March 18, 2024 City Council Meeting Agenda March 18, 2024 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, March 18, 2024

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