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City Council

Regular Meeting

Mesquite, TX · February 17, 2025

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, February 17, 2025 5:30 PM City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas Present: Mayor Daniel Alemán, Jr., and Councilmembers Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross, B. W. Smith and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - CITY COUNCIL CHAMBER - 5:30 P.M. AGENDA REVIEW CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 1 Receive preliminary financial statements for fiscal year ending September 30, 2024. Ted Chinn, Director of Finance, presented the financial statements for fiscal year ending September 30, 2024. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Will Klinke, Pastor, Mesquite Seventh Day Adventist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Patriot AMBUCS of Dallas County. SPECIAL ANNOUNCEMENTS 1. Mr. Casper announced that the Daddy Daughter Dance will be held on Saturday, February 22, 2024, at the Mesquite Convention Center, 1700 Rodeo Drive. This year’s theme is “Denim and Diamonds” featuring a live DJ, light concessions, professional photography and more. The dance will be held in two sessions and tickets are $20.00 per person, per session and are limited. Advanced ticket purchase is required as tickets will not be sold at the door. Purchase your tickets at www.cityofmesquite.com/DaddyDaughterDance, at any recreation center or at the Parks and Recreation Administration Office, 1515 North Galloway Avenue. 2. Mr. Casper expressed appreciation to City staff for coordinating Neighborhood Meetings in the various City Council Districts throughout the year. City of Mesquite, Texas Page 1 City Council Minutes - Final February 17, 2025 3. Mr. Green stated that the Courtyard Concert Series at the Mesquite Arts Center, 1527 North Galloway Avenue, begins on Thursday, March 6, 2025, with “The Elton Johns,” a local band. The Courtyard Concert Series will be held twice per month through June. Visit www.MesquiteArtsCenter.org to view individual events. 4. Mr. Green invited citizens to attend a District 2 Neighborhood Meeting on Saturday, February 22, 2025, at 10:00 a.m., at the North Branch Library, 2600 Oates Drive. 5. Ms. Rodriguez-Ross stated that the City is looking for engaged citizens to volunteer their time, knowledge and expertise by serving on a City Board or Commission. Duties of City Boards and Commission members may include serving in an advisory capacity, examining in -depth issues such as recommendations to zoning ordinances, advise and assist the City in adopting land use assumptions, making decisions on variance requests from citizens, advising the City Council and staff on a wide range of service areas and more. To learn more about the requirements for service and to complete an application, visit www.cityofmesquite.com/Boards. 6. Mr. Boroughs stated that spring weather can change rapidly in North Texas and encouraged citizens to sign up for “Mesquite Alerts.” Citizens will receive real-time notifications with reliable information regarding emergencies, weather and news that pertains to their neighborhood. Contact information remains private and will only be used for community notifications. Visit www.cityofmesquite.com/MesquiteAlerts to learn more and sign up. 7. Mr. Smith invited citizens to attend the next Town Hall Meeting on Tuesday, March 11, 2025, from 6:30 p.m. to 7:30 p.m., at City Hall, 757 North Galloway Avenue, in Training Rooms A & B. Staff from the Fire Department and Office of Emergency Management will discuss emergency preparedness . Town Hall Tuesdays are held every other month and provides residents a chance to learn about various City departments. 8. Mr. Murden stated to celebrate Black History Month, the Mesquite Main Library, 300 West Grubb Drive, will host a gathering on Saturday, February 22, 2025, at 2:00 p.m., featuring African drummer and storyteller Baba Kwasi. Also, there is still time to participate in the self -guided tour created by Visit Mesquite that spotlights local Black-owned restaurants. Diners who eat at the restaurants on the tour can enter a drawing to win a suite at the Mesquite Arena’s Annual Hip Hop Cowboys Spring Rodeo on Saturday, March 15, 2025. Learn more and see each restaurant’s location, description, and signature dish by visiting www.VisitMesquiteTX.com. 9. Mr. Murden invited citizens to attend a District 6 Neighborhood Meeting on Thursday, February 27, 2025, at 7:00 p.m., at Terry Middle School, 2351 Edwards Church Road. 10. Mr. Murden thanked the 120+ citizens who have registered for the Black History Month Brunch to be held on Saturday, February 22, 2025, and looks forward to an exciting event. 11. Mayor Alemán encouraged residents to attend the Neighborhood Summit on Saturday, March 1, 2025, from 8:00 a.m. to 12:00 p.m., at Vanguard High School, 4201 Faithon P. Lucas, Sr., Boulevard. Attendees will enjoy informative workshops, speakers and networking opportunities. The Summit is free and open to all residents. For more information, visit www.cityofmesquite.com/NeighborhoodSummit or call 972-216-6348. 12. Mayor Alemán stated that the City’s Youth Services Department is launching a new Youth Council. The group will meet monthly and provides students an opportunity to make a difference, share their voice and shape the future of our community. Teens who will be in grades 9 through 12 next school year are invited to apply beginning Saturday, March 1, 2025. Also, applications will soon be open for the City’s Summer Youth Internship Program. You can learn about both opportunities during upcoming information sessions. The first session will be held on Thursday, February 20, 2025, at 6:00 p.m., at the Mesquite Main Library, 300 West Gross Road, and the second session on Tuesday, February 24, 2025, at 6:00 p.m., at the North Branch Library, 2600 Oates Drive. Learn more at www.cityofmesquite.com/YouthServices. 13. Mayor Alemán stated on Saturday, February 8, 2025, the Police Department helped raise money for the Special Olympics with the Polar Plunge, which was a very successful event. He invited Police City of Mesquite, Texas Page 2 City Council Minutes - Final February 17, 2025 Chief David Gill to provide more information. Chief Gill stated that $14,550.00 was raised for the Special Olympics and thanked everyone who supported this event and the Parks and Recreation Department staff for hosting this event. The Police Department won the “Most Funds Raised by a Team” and he challenged other teams to pursue this goal. CONSENT AGENDA Approval of the Consent Agenda Mr. Green moved to approve the items on the Consent Agenda as follows. Motion was seconded by Mr. Murden and approved unanimously. 2 Minutes of the regular City Council meeting held February 3, 2025. Approved on the Consent Agenda. 3 An ordinance prohibiting the use of and contact with designated groundwater from beneath the property generally located at 2106, 2108, and 2110 North Galloway Avenue in Mesquite, Dallas County, Texas, to facilitate certification of a Municipal Setting Designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ) pursuant to the Texas Solid Waste Disposal Act. Approved on the Consent Agenda. Ordinance No. 5154, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROHIBITING THE USE OF AND CONTACT WITH DESIGNATED GROUNDWATER FROM BENEATH THE PROPERTY GENERALLY LOCATED AT 2106, 2108, AND 2110 NORTH GALLOWAY AVENUE IN MESQUITE, DALLAS COUNTY, TEXAS, TO FACILITATE CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION (MSD) OF SAID PROPERTY BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PURSUANT TO THE TEXAS SOLID WASTE DISPOSAL ACT; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. (Ordinance No. 5154 recorded in Ordinance Book No. 133.) 4 A resolution authorizing the City Manager to file and submit applications with the Federal Transit Administration (FTA), an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, and other Federal statues administered by the Federal Transit Administration. Approved on the Consent Agenda. Resolution No. 03-2025, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FILE AND SUBMIT APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23, UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION. (Resolution No. 03-2025 recorded in Resolution Book No. 70.) City of Mesquite, Texas Page 3 City Council Minutes - Final February 17, 2025 5 A resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation (TxDOT) for the temporary closure of State Highway 352 on April 5, 2025, for the City of Mesquite Rodeo Parade, commemorating the 67th Anniversary of the Mesquite Championship Rodeo. Approved on the Consent Agenda. Resolution No. 04-2025, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TEMPORARY CLOSURE OF STATE HIGHWAY 352 ON APRIL 5, 2025, FOR THE CITY OF MESQUITE RODEO PARADE, COMMEMORATING THE 67TH ANNIVERSARY OF THE MESQUITE CHAMPIONSHIP RODEO. (Resolution No. 04-2025 recorded in Resolution Book No. 70.) 6 A resolution authorizing the City Manager to execute an Advance Funding Agreement for Highway Safety Improvement Program Project (both On-System and Off-System) with the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), for traffic signal improvements. Approved on the Consent Agenda. Resolution No. 05-2025, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM PROJECT (BOTH ON-SYSTEM AND OFF-SYSTEM) WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR TRAFFIC SIGNAL IMPROVEMENTS. (Resolution No. 05-2025 recorded in Resolution Book No. 70.) 7 A resolution authorizing the City Manager to execute the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson, authorizing an equitable redistribution of grant funds thereby reducing Mesquite’s formula allocation to the revised amount of $30,310.56, designating the City of Dallas as the applicant and fiscal agent and designating the Police Chief of the City of Mesquite as the responsible officer for the purpose of signing all documents associated with the grant. Approved on the Consent Agenda. Resolution No. 06-2025, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE 2024 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (“JAG”) PROGRAM FUNDS SHARING AND FISCAL AGENCY AGREEMENT BETWEEN DALLAS COUNTY AND THE CITIES OF BALCH SPRINGS, CARROLLTON, DALLAS, DESOTO, DUNCANVILLE, GARLAND, GRAND PRAIRIE, IRVING, LANCASTER, MESQUITE, AND RICHARDSON; AUTHORIZING AN EQUITABLE REDISTRIBUTION OF GRANT FUNDS THEREBY REDUCING MESQUITE’S FORMULA ALLOCATION TO THE REVISED AMOUNT OF $30,310.56; DESIGNATING THE CITY OF DALLAS AS THE APPLICANT AND FISCAL AGENT; AND DESIGNATING THE POLICE CHIEF OF THE CITY OF MESQUITE AS THE RESPONSIBLE OFFICER FOR THE PURPOSE OF City of Mesquite, Texas Page 4 City Council Minutes - Final February 17, 2025 SIGNING ALL DOCUMENTS ASSOCIATED WITH THE GRANT. (Resolution No. 06-2025 recorded in Resolution Book No. 70.) 8 Bid No. 2025-024 - Mesquite McKenzie - Lawson Road Interceptor Improvements. (Authorize the City Manager to finalize and execute a contract with low bidder Acadia Services, LLC, in the amount of $7,327,249.00.) Approved on the Consent Agenda. 9 Bid No. 2025-059 - Trinity Pointe Elevated Storage Tank. (Authorize the City Manager to finalize and execute a contract with low bidder Landmark Structures I, LP, in the amount of base bid $7,917,000.00, plus alternatives $243,200.00, for a total amount of $8,160,200.00.) Approved on the Consent Agenda. 10 Bid No. 2025-076 - Purchase of Mesquite Police Department Camera for Fleet Vehicles. (Staff recommends award to Axon Enterprise, Inc., through Buy Board Contract No. 743-24, for the purchase of ten in-car cameras, interview room cameras, evidence storage and software in an amount not to exceed $144,675.00.) Approved on the Consent Agenda. 11 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2024-013, South Parkway Reconstruction (U.S. Highway 80 to Peachtree Road) Project, with DDM Construction Corporation, for the additional construction scopes in the amount of $219,206.21. Approved on the Consent Agenda. 12 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Kimley-Horn and Associates, Inc., to develop the Safe Streets for All (SS4A) Vision Zero Plan, in the amount of $256,000.00. Approved on the Consent Agenda. 13 Authorize the City Manager to finalize and execute a Local Agreement with the Dallas County Criminal District Attorney’s Office for the disposition of forfeited contraband, pursuant to Chapter 59 of the Texas Code of Criminal Procedure and authorize City Manager to exercise two renewals provided in the agreement. Approved on the Consent Agenda. 14 Approve Amendment No. 2 to the 2024-25 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 $95,000.00. Approved on the Consent Agenda. City of Mesquite, Texas Page 5 City Council Minutes - Final February 17, 2025 15 Approve Amendment No. 2 to the 2024-25 Police Federal 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 $223,000.00. Approved on the Consent Agenda. END OF CONSENT AGENDA PUBLIC HEARINGS 16 Conduct a public hearing and consider a resolution supporting 930 Military Parkway Living, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 111-unit affordable multi-family rental housing development to be located at 930 Military Parkway, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. A public hearing was held to consider a resolution supporting 930 Military Parkway Living, Ltd.'s application to the Texas Department of Housing and Community Affairs (TDDHCA). Ted Chinn, Director of Finance, stated that as required by the TDHCA, the developer of this proposed 111-unit affordable multifamily rental housing development is requesting City Council approval of another resolution of continued support for their application for 2024 Competitive 9% Housing Tax Credits through the TDHCA. The City Council had previously shown support for this development by passing Resolution No. 10-2024 on February 19, 2024. Applicant Kim Parker, Executive Director of Palladium USA International, Inc., stated that this development received a resolution of support from the Mesquite City Council in 2023 and 2024. They are working in collaboration with the Mesquite Housing Finance Corporation (MHFC) and will meet with the MHFC in two weeks to finalize a Memorandum of Understanding (MOU). Lozono Strawther, 401 Wildwood Drive, expressed opposition to the resolution and concerns regarding flooding in this neighborhood. No others appeared regarding the proposed resolution. Mr. Casper moved to approve Resolution No. 07-2025, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SUPPORTING 930 MILITARY PARKWAY LIVING, LTD’S APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (THE “TDHCA”), FOR THE CONSTRUCTION OF AN APPROXIMATELY 111-UNIT AFFORDABLE MULTI-FAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED AT 930 MILITARY PARKWAY, IN ACCORDANCE WITH CHAPTER 2306 OF THE TEXAS GOVERNMENT CODE; AND AUTHORIZING THE CITY SECRETARY TO CERTIFY THE RESOLUTION TO THE TDHCA. Motion was seconded by Mr. Boroughs. On call for a vote on the motion, the following votes were cast: Ayes: Casper, Boroughs, Alemán, Green, Rodriguez-Ross, Murden Nayes: Smith City of Mesquite, Texas Page 6 City Council Minutes - Final February 17, 2025 Motion carried. (Resolution No. 07-2025 recorded in Resolution Book No. 70.) 17 Conduct a public hearing and consider an ordinance for Zoning Application No . Z1024-0372, submitted by Maxwell Fisher of ZoneDev, on behalf of JPI, for a change of zoning from Planned Development - Light Commercial and Multifamily, Ordinance No. 2434, to Planned Development - Multifamily (“PD-MF”) A-3 District (Tract B), to allow residential uses with modified development standards located at 23701 IH 635 (north of Dean Street and west of IH 635). (Four responses 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. Z1024-0372. Garrett Langford, Manager of Planning and Zoning, stated that the proposed development, Torrington Briarwood, is a four-story multi-family project on approximately 14.84 acres located between Edgemont Park to the west and IH-635 to the east. Supported by the Mesquite Housing Finance Corporation, the 313-unit development will consist of four apartment buildings featuring a mix of one-, two-, three-, and four-bedroom layouts. The development will have an overall parking ratio of two parking spaces per dwelling unit and include various indoor and outdoor amenities. The proposed Planned Development (PD) will adhere to all requirements outlined in Section 2-501 of the Zoning Ordinance, except for the requested modifications related to building height, landscaping, parking location, parking ratio, unit type ratios, minimum unit size, open space, sidewalks, and perimeter fencing. Mr. Langford stated that the primary access to all vehicular traffic will be a private access drive, built by the developer, connecting to Dean Street. There will be a gated and locked access drive connecting to Avis Circle for emergency vehicle access only. Mr. Langford stated that the initial rezoning request included 38 acres, including Torrington Briarwood (Tract B) and 24 additional acres (Tracts A, C, and D). The property is currently zoned Planned Development - Light Commercial and Multi-family (Ordinance No. 2434), allowing for a self-storage facility on the southern portion and up to 755 multi-family units on the northern portion. However, due to an error in the notices, the City Council will only consider Tract B at this time. The rezoning process for Tracts A, C, and D will be addressed separately once proper notice has been given. The initial request would replace the existing PD and establish four distinct zoning tracts: · Tract A - Light Commercial (~3 acres): No proposed development at this time. Any future use would be permitted by right under Light Commercial zoning. Self-storage would continue to be permitted by right. (To be considered at a later date) · Tract B - Multi-family A-3 (~15 acres): Designated for the proposed Torrington Briarwood multifamily development. · Tract C - Multi-family A-1 (~18 acres): No proposed development at this time; however, any future development would require a PD amendment to establish a concept plan. (To be considered at a later date) · Tract D - Single-Family (~1 acre): No proposed development at this time, but City of Mesquite, Texas Page 7 City Council Minutes - Final February 17, 2025 single-family homes would be permitted. (To be considered at a later date) Applicant Karsten Lowe, representing JPI, presented an overview of the proposed development, Torrington Briarwood, which will be a 313-unit proposed tax credit multi-family project. To address flooding concerns, there will be box culverts to allow drainage channels open space. The apartments will face IH-635 to allow enough space between the adjacent neighborhood and the development. Amenities include a park with a walking trail and dog park, outdoor grilling area, playground, fitness center, resort-style pool and outdoor gaming areas. There is an in-house asset management team, but they will hire a third-party management company to be onsite. Applicant Maxwell Fisher, representing ZoneDev, on behalf of JPI, stated that the seller of the property will be retaining Tract C and have rights to build the difference remaining of the 755 units allowed on the property. The development on Tract C will be limited to a two-story development such as town homes. Richard Huckaby, 2300 Avis Street, expressed opposition to the proposed application due to displaced wildlife and noise from IH 635 after removal of trees. No others appeared regarding the proposed application. Mr. Boroughs moved to approve Ordinance No. 5155, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE BY APPROVING A CHANGE OF ZONING FROM PLANNED DEVELOPMENT – LIGHT COMMERCIAL AND MULTIFAMILY ORDINANCE NO. 2434 TO PLANNED DEVELOPMENT – MULTIFAMILY (“PD-MF”) A-3 DISTRICT (TRACT B), TO ALLOW RESIDENTIAL USES WITH MODIFIED PLANNED DEVELOPMENT STANDARDS FOR THE PROPERTY LOCATED AT 23701 IH-635 (NORTH OF DEAN STREET AND WEST OF IH-635); PROVIDING A REPEALER CLAUSE; 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. Green. On call for a vote on the motion, the following votes were cast: Ayes: Boroughs, Green, Alemán, Casper, Murden Nayes: Smith, Rodriguez-Ross Motion carried. (Ordinance No. 5155 recorded in Ordinance Book No. 133.) EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:03 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. 18 – Discuss an economic development project at Faithon P. Lucas, Sr. Blvd. and Cartwright Rd.); 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. City of Mesquite, Texas Page 8 City Council Minutes - Final February 17, 2025 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:13 P.M. Mayor Alemán announced that the City Council would meet in Executive Session pursuant to Section 551.071 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 (Legal advice regarding Petitions by Landowners or Residents for Release of Area from Extraterritorial Jurisdiction); whereupon, the City Council proceeded to meet in the Council Conference Room. After the closed meeting ended at 8:20 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 8:20 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 9:50 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. Casper and approved unanimously. The meeting adjourned at 9:50 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor City of Mesquite, Texas Page 9

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, February 17, 2025 5:30 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 February 17, 2025. PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M. AGENDA REVIEW EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:30 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:00 P.M. 1 24-7507 Receive preliminary financial statements for fiscal year ending September 30, 2024. Attachments: September 30, 2024, Financial Statements September 30, 2024, Financial Statements Overview REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Will Klinke, Pastor, Mesquite Seventh Day Adventist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of the Patriot AMBUCS of Dallas County. SPECIAL ANNOUNCEMENTS City of Mesquite, Texas Page 1 Monday, February 17, 2025 City Council Meeting Agenda February 17, 2025 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.) 2 25-7552 Minutes of the regular City Council meeting held February 3, 2025. Attachments: February 3, 2025, minutes 3 25-7528 An ordinance prohibiting the use of and contact with designated groundwater from beneath the property generally located at 2106, 2108, and 2110 North Galloway Avenue in Mesquite, Dallas County, Texas, to facilitate certification of a Municipal Setting Designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ) pursuant to the Texas Solid Waste Disposal Act. Attachments: Location Map Ordinance 4 25-7542 A resolution authorizing the City Manager to file and submit applications with the Federal Transit Administration (FTA), an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, and other Federal statues administered by the Federal Transit Administration. Attachments: Resolution Opinion of Counsel Letter from FTA 5 25-7544 A resolution authorizing the City Manager to execute an agreement with City of Mesquite, Texas Page 2 Monday, February 17, 2025 City Council Meeting Agenda February 17, 2025 the Texas Department of Transportation (TxDOT) for the temporary closure of State Highway 352 on April 5, 2025, for the City of Mesquite Rodeo Parade, commemorating the 67th Anniversary of the Mesquite Championship Rodeo. Attachments: Resolution Rodeo Parade Route Map 6 25-7545 A resolution authorizing the City Manager to execute an Advance Funding Agreement for Highway Safety Improvement Program Project (both On-System and Off-System) with the State of Texas, acting by and through the Texas Department of Transportation (TxDOT), for traffic signal improvements. Attachments: Resolution Advance Funding Agreement Location Maps 7 25-7551 A resolution authorizing the City Manager to execute the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between Dallas County and the Cities of Balch Springs, Carrollton, Dallas, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite and Richardson, authorizing an equitable redistribution of grant funds thereby reducing Mesquite’s formula allocation to the revised amount of $30,310.56, designating the City of Dallas as the applicant and fiscal agent and designating the Police Chief of the City of Mesquite as the responsible officer for the purpose of signing all documents associated with the grant. Attachments: Resolution 2024 JAG Program Funds Sharing and Fiscal Agency Agreement 8 25-7561 Bid No. 2025-024 - Mesquite McKenzie - Lawson Road Interceptor Improvements. (Authorize the City Manager to finalize and execute a contract with low bidder Acadia Services, LLC, in the amount of $7,327,249.00.) Attachments: Recommendation Letter Bid Tabulation Location Map 9 25-7562 Bid No. 2025-059 - Trinity Pointe Elevated Storage Tank. (Authorize the City Manager to finalize and execute a contract with low bidder Landmark Structures I, LP, in the amount of base bid $7,917,000.00, plus alternatives $243,200.00, for a total amount of $8,160,200.00.) City of Mesquite, Texas Page 3 Monday, February 17, 2025 City Council Meeting Agenda February 17, 2025 Attachments: Recommendation Letter Bid Tabulation Location Map 10 25-7563 Bid No. 2025-076 - Purchase of Mesquite Police Department Camera for Fleet Vehicles. (Staff recommends award to Axon Enterprise, Inc., through Buy Board Contract No. 743-24, for the purchase of ten in-car cameras, interview room cameras, evidence storage and software in an amount not to exceed $144,675.00.) Attachments: Final Axon Proposal 11 25-7550 Authorize the City Manager to finalize and execute Change Order No. 1 to Bid No. 2024-013, South Parkway Reconstruction (U.S. Highway 80 to Peachtree Road) Project, with DDM Construction Corporation, for the additional construction scopes in the amount of $219,206.21. Attachments: Change Order No. 1 Location Map 12 25-7549 Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Kimley-Horn and Associates, Inc., to develop the Safe Streets for All (SS4A) Vision Zero Plan, in the amount of $256,000.00. 13 25-7556 Authorize the City Manager to finalize and execute a Local Agreement with the Dallas County Criminal District Attorney’s Office for the disposition of forfeited contraband, pursuant to Chapter 59 of the Texas Code of Criminal Procedure and authorize City Manager to exercise two renewals provided in the agreement. Attachments: Local Agreement 14 25-7564 Approve Amendment No. 2 to the 2024-25 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 $95,000.00. Attachments: State Seizure Amendment No. 2 15 25-7541 Approve Amendment No. 2 to the 2024-25 Police Federal 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 $223,000.00. Attachments: Federal Seizure Amendment No 2 PUBLIC HEARINGS City of Mesquite, Texas Page 4 Monday, February 17, 2025 City Council Meeting Agenda February 17, 2025 (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.) 16 25-7555 Conduct a public hearing and consider a resolution supporting 930 Military Parkway Living, Ltd.’s application to the Texas Department of Housing and Community Affairs (TDHCA) for 2024 Competitive 9% Housing Tax Credits Program for the construction of an approximately 111-unit affordable multi-family rental housing development to be located at 930 Military Parkway, in accordance with Chapter 2306 of the Texas Government Code, and authorizing the City Secretary to certify the resolution to the TDHCA. Attachments: Resolution Location Map 17 25-7557 Conduct a public hearing and consider an ordinance for Zoning Application No. Z1024-0372, submitted by Maxwell Fisher of ZoneDev, on behalf of JPI, for a change of zoning from Planned Development - Light Commercial and Multifamily, Ordinance No. 2434, to Planned Development - Multifamily (“PD-MF”) A-3 District (Tract B), to allow residential uses with modified development standards located at 23701 IH 635 (north of Dean Street and west of IH 635). (Four responses 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 Reports and Maps P&Z Minutes Ordinance ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 5 Monday, February 17, 2025 City Council Meeting Agenda February 17, 2025 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 3. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 09-06-2022 4. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 5. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X – Filed 02-12-2024 6. Mesquite Asset Recovery Group, LLC, et al. v. City of Mesquite, Case No. DC-24-02668 – Filed 02-15-2024 7. Alexander Reyes Serrano v. City of Mesquite, Cause No. CC-24-05058A – Filed 07-10-2024 8. Shamsa Alshilbi v. City of Mesquite, et al., Cause No. 3:24-cv-02000-L – Filed 08-06-2024 9. City of Mesquite v. Residence at Tradewind Apartments LLC, et al, Cause No. DC-24-12338 - Filed 08-09-2024 10. Stephen Lawrence v. City of Mesquite and Jack Fyall, Cause No. 3:24-cv-3141 – Filed December 14, 2024 Consultation with Attorney Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to conduct a private consultation with its attorney related to pending or contemplated litigation, a settlement offer, and/or a matter 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 that conflicts with Texas Government Code Chapter 551. The following subjects may be discussed: • Legal advice regarding Petitions by Landowners or Residents for Release of Area from Extraterritorial Jurisdiction. 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. • 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: City of Mesquite, Texas Page 6 Monday, February 17, 2025 City Council Meeting Agenda February 17, 2025 18 25-7566 Discuss an economic development project at Faithon P. Lucas, Sr. Blvd. and Cartwright Rd. 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. 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, February 17, 2025

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