Agenda Review

AGENDA REVIEW

Item 1

Discuss fees for City Services.

Item 2

Receive preliminary financial statements for fiscal year ending September
30, 2022, and financial statements for the first quarter of fiscal year
2022-2023 covering October 1, 2022, through December 31, 2022.

Call to Order

REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Shaji K. Daniel, Pastor, Agape Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE

Special Announcements

SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.

Citizens Forum

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.

Item 3

Receive presentation regarding the Fiscal Year 2021-2022 Annual Report
from the Mesquite Quality of Life Corporation Board of Directors.

Consent Agenda

CONSENT AGENDA
(All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the Council or any individual wish to discuss any item, said item may be removed
from the Consent Agenda upon request by a City Councilmember.)
4 23-6409 Minutes of the regular City Council meeting held February 20, 2023.
5 An ordinance amending the City Code by revising Chapter 11, adding new
Article XI titled “Public Improvement Districts (PIDs)” for the purpose of
establishing PID notice and disclosure requirements for developers and
homebuilders to provide information to persons seeking to purchase real
property and/or homes within PIDs, adopting a “Public Improvement
District (PID) Notice and Disclosure Manual For Developers &
Homebuilders” or may also be cited as “PID MANUAL” for the purpose of
providing forms and additional details regarding the requirements
adopted in the Code; and revising Chapter 13 - Signs, Article IV
“Specifications; Standards; Use” regarding the permissibility of signs in the
PID.
6 An ordinance, on first reading, granting to Farmers Electric Cooperative,
Inc., its successors and assigns, the nonexclusive right to use and occupy
rights-of-way within the City of Mesquite for the construction and
operation of an electric transmission and distribution system, prescribing
conditions governing the use of the public rights-of-way, providing for
compensation; therefore, providing for an effective date and a term of
said franchise, providing for written acceptance of this franchise and
finding that the meeting at which this ordinance is passed is open to the
public.
9 A resolution authorizing the City Manager to execute, on behalf of the City,
a Memorandum of Understanding with the Mesquite Independent School
District to outline the exchange of property related to the future
expansion of Vanguard High School and the reconstruction of Faithon P.
Lucas, Sr., Boulevard.
10 A resolution authorizing the City Manager to finalize and execute a Second
Amendment to the Master Development Agreement and Chapter 380
Agreement between Alcott Logistics Partners, L P, Alcott Logistics Station
Tract D, LP, and the City of Mesquite, Texas, for the early release of a
Performance Deed of Trust, and authorizing the City Manager to
administer the Amendment for such purposes and to take all actions
necessary or advisable to complete the transactions contemplated by the
Amendment on behalf of the City.
11 RFP No. 2022-148 - City of Mesquite Cooling Tower Replacement IFB Set.
(Staff recommends award to Infinity Contractors International, Ltd., and to
authorize the City Manager to finalize and execute a contract in the
amount of $628,190.00 for replacement of three, individual modular
Tower Tech cooling towers at the Convention Center Central Utility Plant
located at 1818 Rodeo Drive.)
12 Bid No. 2023-049 - Annual Supply of Full Circle Clamps.
(Staff recommends award to Core & Main LP, and to authorize the City
Manager to finalize and execute a contract in an amount not to exceed
$104,675.80. The term of the contract is for a one-year period, with four
additional one-year renewals. The City Manager is authorized to exercise
the renewal options, subject to annual appropriation of sufficient funds.)
13 Bid No. 2023-067 - Purchase of One Side-Loader Truck for the Parks and
Recreation Department.
(Staff recommends purchase from Rush Medium Duty Truck Centers of
Texas, L.P., through the BuyBoard Contract No. 601-19, in an amount not
to exceed $137,648.70.)
14 Bid No. 2023-068 - Purchase of One Transfer Trailer for the Public Works
Department.
(Staff recommends purchase from Wilkins Industries Inc., through
BuyBoard Contract No. 686-22, in an amount not to exceed $157,269.00.)
15 Bid No. 2023-071 - Purchase of Three Ford Utility Pickups for the Public
Works Department.
(Staff recommends purchase from Sam Pack’s Five Star Ford, Ltd.,
through BuyBoard Contract No. 601-19, in an amount not to exceed
$181,720.57.)
16 Bid No. 2023-072 - Purchase of Four Ford Utility Pickups for Various
Departments.
(Staff recommends purchase from Rush Truck Centers of Texas, L.P.,
through BuyBoard Contract No. 601-19, in an amount not to exceed
$287,401.00.)
17 Authorize the City Manager to finalize and execute a Fiscal Year (FY) 2023
Agreement Amendment and Extension of the FY2022 Agreement with the
Dallas Area Agency on Aging to receive funds that provide meals for
senior citizens, in an amount not to exceed $64,390.00.
18 Authorize the Mayor to execute an Amendment to an Employment
Agreement between the City of Mesquite, Texas, and City Manager Cliff
Keheley.
19 Authorize the Mayor to execute an Amendment to an Employment
Agreement between the City of Mesquite, Texas, and Municipal Court
Judge Detra Hill.
20 Authorize the Mayor to execute an Amendment to An Employment
Agreement between the City of Mesquite, Texas, and City Attorney David
Paschall.
21 Authorize the Mayor to execute an Amendment to an Employment
Agreement between the City of Mesquite, Texas, and City Secretary Sonja
Land.

Item 7

An ordinance determining the necessity of acquiring real property for
construction, operation, and maintenance of public facilities on a portion
of the property located at 8430 FM 2757, Forney, Texas, 75126,
authorizing appropriation of the real property and/or the use of the
power of eminent domain to acquire the real property for public use, and
delegating authority to initiate condemnation proceedings to the City
Manager.

Item 8

An ordinance determining the necessity of acquiring real property for
construction, operation, and maintenance of public facilities on a portion
of the property located at the northwest intersection of FM 2757 and CR
257, Forney, Texas, 75126, authorizing appropriation of the real property
and/or the use of the power of eminent domain to acquire the real
property for public use, and delegating authority to initiate condemnation
proceedings to the City Manager.

Item 22

Conduct a public hearing and consider a resolution approving a grant
pursuant to the Downtown Mesquite Façade Improvement Program to
promote local economic development and stimulate business and
commercial activity in the City of Mesquite, authorizing the City Manager
to finalize and execute a Downtown Mesquite Façade Improvement
Program Grant Agreement (Chapter 380 Agreement) for such purposes
with Marcia J.M. Watts, as Sole Trustee of the Watts Family Trust, for
rehabilitation of property located at 200 West Davis Street, Mesquite,
Texas, 75149, and authorizing the City Manager to administer the
agreement on behalf of the City.

Item 23

Conduct a public hearing and consider an ordinance for Zoning
Application No. Z1222-0280, submitted by Ana Cuevas-Niño and Gerardo
Niño, for a change of zoning from General Retail to Commercial or
Planned Development - General Retail for an auto body repair business,
located at 1601 West Bruton Road.
(Two responses in favor and none 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.)

Executive Session

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. Tejas Motel, LLC v. City of Mesquite, acting by and through its Board of Adjustment, Cause No.
DC-18-16933 – Filed 11-8-18; and Civil Action 3:20-cv-20-01982-X – Filed 7-27-20, and on appeal, Cause
No. 22-10321 - Filed 3-24-22
2. John Alexander v. City of Mesquite and Emilio F. Henry, Cause No. DC-21-06832 - Filed 5-28-21
3. Landon Harris v. City of Mesquite, Cause No. DC-21-08418 - Filed 6-30-21
4. Daniel Gonzales v. City of Mesquite, Cause No. CC-21-05087-D - Filed 11-22-21
5. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 3-14-22
6. Clement Bernard v. City of Mesquite, Texas, Civil Action No. 3:22-cv-00928 - Filed 4-26-22
7. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 - Filed 8-3-22
8. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 9-6-22
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.
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:
Discuss economic development incentives for a development at East Glen
Boulevard and Clay Mathis Road.
24 23-6473
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.

ADJOURNMENT