City Council
Regular MeetingMesquite, TX · February 15, 2016
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, February 15, 2016 5:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Greg Noschese, Bruce Archer, Bill Porter, Jeff
Casper, Shirley Roberts and Dennis Tarpley, 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 briefing regarding the Animal Services Trap-Neuter-Release Pilot
Program (TNR).
Council concurred with proceeding with the pilot program.
2 Receive briefing regarding the Community Appearance Manual.
Council directed staff to find ways to speed up the review and appeal processes.
Staff will brief Council on proposed changes at the March 7, 2016, City Council
Pre-Meeting.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:42 P.M.
The City Council met in Executive Session pursuant to Section 551.087 of the Texas Government
Code to consider commercial or financial information regarding business prospects or projects
(Consider economic development incentives for a business expansion located in the Skyline Logistics
Hub and Receive briefing regarding status of incentive proposals for businesses considering location
near the Mesquite Metro Airport); whereupon, the City Council proceeded to meet in the Executive
Conference Room. After the closed meeting ended at 6:53 p.m., the City Council reconvened in Open
Session.
No executive action was necessary.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Ron Ward, Pastor, A Church Without Walls, Mesquite, Texas.
City of Mesquite, Texas Page 1
City Council Minutes - Final February 15, 2016
PLEDGE OF ALLEGIANCE
Members of Mesquite Church of Christ Pre-School.
SPECIAL ANNOUNCEMENTS
(1) Mr. Noschese announced that The Gathering at Corner Theater, located in Heritage Square in the
old Texan Theater, will host a Pop-Up Coffee Shop tomorrow night, February 16, 2016, at 7:00 p.m.
There will be coffee and acoustic music and invited everyone to visit.
(2) Mr. Porter announced that the City Council will meet with the Mesquite Independent School District
(MISD) Board of Trustees for their annual meeting tomorrow night, February 16, 2016, at 6:00 p.m. at
the Professional Development Center, 2600 Motley Drive. He stated that he is proud of the strong
working relationship between the City and MISD.
(3) Mr. Casper stated that Mesquite’s new indoor football team, the Mesquite Marshals, will play their
first game this Saturday, February 20, 2016, at Mesquite Arena. He invited everyone to come out and
support the team.
(4) Mr. Archer stated that the City Council met in a Goal Setting Workshop this past Saturday and was
proud of the interaction among Councilmembers. He announced that he would be holding a Town Hall
Meeting on Tuesday, February 23, 2016, at 7:00 p.m. at Creek Crossing Harvest Church, 124 W.
Davis St., to discuss job and economic growth. He invited interested citizens to attend.
PRESENTATIONS
3 Presentation of meritorious awards to Fire Department employees.
Fire Chief Mark Kerby and Assistant Fire Chief Richard Hutyra presented
meritorious awards to Fire Department employees in recognition of their
achievements and outstanding service. Awards were presented as follows:
• Fire Service Recognition Bar to Captain David Shedd, Firefighter/Paramedic
David Lester, Driver Engineer/Paramedic Matthew Haisten, Firefighter/Paramedic
Michael Small, Firefighter/Paramedic Eric Wright, Captain Dan Williams, Driver
Engineer/Paramedic Travis Edwards, Firefighter/Paramedic Anthony Shrum and
Firefighter/Paramedic Jeremy Stroope;
• Life Saving Award No. 1 to Firefighter/Paramedic David Trent,
Firefighter/Paramedic Chad Tessem, Lieutenant/Paramedic Michael Kurtz, Driver
Engineer/Paramedic Matthew Haisten and Firefighter/Paramedic Melvin Tucker;
• Life Saving Award No. 2 to Firefighter/Paramedic Alan Pringle,
Firefighter/Paramedic Jacob Heise, Lieutenant/Paramedic Travis Greenman,
Firefighter/Paramedic Brian Lester, Firefighter Joshua Whittle, Captain Mark
Lacey, Driver Engineer/Paramedic Gary Sherman and Firefighter/Paramedic
Jesse Kingery;
• Life Saving Award No. 3 to Firefighter/Paramedic Kris Johnson,
Firefighter/Paramedic Steven Jarosz, Firefighter/Paramedic Russell Wolf,
Firefighter/Paramedic Bryan Serda, Captain Gene Zwillenberg, Driver
Engineer/Paramedic Chad Holmes, Firefighter/Paramedic Micah Marienfeld and
Firefighter/Paramedic Aaron Hall;
• Life Saving Award No. 4 to Firefighter/Paramedic Blake Turner,
Firefighter/Paramedic Jerry Jedlicka, Lieutenant/Paramedic Jonathan Moore,
Driver Engineer/Paramedic Vance Lay and Firefighter/Paramedic Dan Turner;
• Life Saving Award No. 5 to Firefighter/Paramedic Kasey Vestal,
Firefighter/Paramedic Jason Dagenais, Lieutenant/Paramedic Billy Massey, Driver
Engineer/Paramedic Michael Bartis and Firefighter/Paramedic Madison Lyle;
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City Council Minutes - Final February 15, 2016
• Life Saving Award No. 6 to Firefighter/Paramedic Brad Hurtt,
Firefighter/Paramedic Kris Johnson, Captain Terry Brown, Driver
Engineer/Paramedic Tommy Green, Firefighter/Paramedic Kevin Daugherty and
Firefighter/Paramedic Steven Jarosz;
• Fire Officer of the Year Award to Captain Kelly Turner;
• Paramedic of the Year Award to Firefighter/Paramedic Ronald Buie and
• Firefighter of the Year Award to Firefighter/Paramedic David David.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Archer moved to approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Casper and approved unanimously.
4 Minutes of the regular City Council meeting held February 1, 2016.
Approved on the Consent Agenda.
5 A resolution ratifying the expenditure of $69,335.22 without competitive bidding
for emergency permanent repairs to the 24-inch diameter sanitary sewer force
main at the Long Branch Lift Station and authorizing payment to Tri -Con
Services, Inc., for such repairs.
Approved on the Consent Agenda.
Resolution No. 10-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, RATIFYING THE EXPENDITURE OF $69,335.22 WITHOUT
COMPETITIVE BIDDING FOR EMERGENCY PERMANENT REPAIRS TO THE
24-INCHDIAMETER SANITARY SEWER FORCE MAIN AT THE LONG BRANCH
LIFT STATION; AND AUTHORIZING PAYMENT TO TRI-CON SERVICES, INC., FOR
SUCH REPAIRS. (Resolution No. 10-2016 recorded on page of
Resolution Book No. 49.)
7 Bid No. 2016-042 - 2016 Annual Pavement Lifting Project.
(Authorize the City Manager to execute a contract with low bidder Nortex
Concrete Lift & Stabilization, Inc., in the amount of $770,632.07.)
Approved on the Consent Agenda.
8 Bid No. 2016-057 - Purchase of Three ½ Ton Pickups.
(Staff recommends award to Caldwell Country Chevrolet, in Caldwell, Texas,
through BuyBoard Contract No. 430-13, sponsored by the Texas Association
of School Boards, in the amount of $74,520.00.)
Approved on the Consent Agenda.
9 Bid No. 2016-058 - Purchase of a 46,000 GVW Cab and Chassis with Dump
Body.
(Staff recommends award to MHC Kenworth, in Dallas, Texas, through
BuyBoard Contract No. 430-13, sponsored by the Texas Association of School
Boards, in the amount of $131,757.40.)
Approved on the Consent Agenda.
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City Council Minutes - Final February 15, 2016
10 Bid No. 2016-059 - Purchase of Three 33,000 GVW Cab and Chassis with
Refuse Bodies.
(Staff recommends award to MHC Kenworth, in Dallas, Texas, through
BuyBoard Contract No. 430-13, sponsored by the Texas Association of School
Boards, in the amount of $397,188.00.)
Approved on the Consent Agenda.
11 Bid No. 2016-060 - Purchase of 17 Philips HeartStart MRX ALS Cardiac
Monitors/Defibrillators.
(Staff recommends award to Southeastern Emergency Equipment through
BuyBoard Contract No. 479-15, sponsored by the Texas Association of School
Boards, in the amount of $350,998.69.)
Approved on the Consent Agenda.
12 Bid No. 2016-061 - Annual Fiber Optic Cabling Repair and Maintenance.
(Authorize the City Manager to execute a contract with Future Telecom, Inc .,
through an Interlocal Cooperative-Purchasing Agreement with Mesquite
Independent School District, in an amount not to exceed $120,000.00.)
Approved on the Consent Agenda.
13 Authorize the City Manager to execute a professional engineering services
contract with Halff Associates, Inc., to prepare construction contract
documents, hydraulic reports and permitting documents for Streambank
Stabilization of South Mesquite Creek Channel and Stream 2B7 in the amount
of $471,500.00.
Approved on the Consent Agenda.
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
6 A resolution adopting a comprehensive weapon policy for City employees and
the City’s policy implementing State weapon, firearm and handgun carry
legislation and designating the Municipal Court building as the premises of a
government court or offices utilized by the court for purposes of weapon
possession.
Jerry Dittman, Deputy City Manager, stated that the sign will only be displayed
while meetings are held in compliance with the Texas Open Meetings Act, which
would include meetings of the City Council, Board of Adjustment, Planning and
Zoning Commission, Mesquite Quality of Life Corporation and others.
Cindy Steiner, Assistant City Attorney, stated there is not a deadline to consider
the proposed resolution. Therefore, the Council can choose to eliminate the
portion of the resolution pertaining to meetings held in accordance with the
Texas Open Meetings Act and reconsider that portion at a future Council
meeting.
Mr. Noschese moved to delete the provisions referring to meetings held in
accordance with the Texas Open Meetings Act and to approve Resolution No.
11-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE,
TEXAS, ADOPTING A WEAPON POLICY FOR THE MUNICIPAL COURT AND
COURT OFFICES AND FOR CITY EMPLOYEES; AND DESIGNATING THE
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City Council Minutes - Final February 15, 2016
MUNICIPAL COURT BUILDING AS THE PREMISES OF A GOVERNMENT COURT
OR OFFICES UTILIZED BY THE COURT FOR PURPOSES OF WEAPON
POSSESSION. Motion was seconded by Mr. Porter and approved unanimously.
(Resolution No. 11-2016 recorded on page of Resolution Book No. 49.)
END OF CONSENT AGENDA
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:38 P.M.
Mayor Pickett 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 (Consider economic development incentives for a business expansion
located in the Skyline Logistics Hub and Receive briefing regarding status of incentive proposals for
businesses considering location near the Mesquite Metro Airport ); whereupon, the City Council
proceeded to meet in the Executive Conference Room. After the closed meeting ended at 7:59 p.m.,
the City Council reconvened in Open Session.
No executive action was necessary.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:59 P.M.
The City Council met in Executive Session pursuant to Section 551.071 of the Texas Government
Code to conduct a private consultation with its attorney (Discuss legal issues regarding the North
Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract between the
City of Mesquite, other regional cities and the North Texas Municipal Water District and the agreement
between the North Texas Municipal Water District and the City of Mesquite for additional treated water
service at Point of Delivery No. 3); whereupon, the City Council proceeded to meet in the Executive
Conference Room. After the closed meeting ended at 8:32 p.m., the City Council reconvened in Open
Session.
No executive action was necessary.
ADJOURNMENT
Mr. Archer moved to adjourn the meeting. Motion was seconded by Mr.
Noschese and approved unanimously. The meeting adjourned at 8:33 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 5
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, February 15, 2016 5:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING -TRAINING ROOMS A & B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 16-2005 Receive briefing regarding the Animal Services Trap-Neuter-Release Pilot
Program (TNR).
2 16-2013 Receive briefing regarding the Community Appearance Manual.
EXECUTIVE SESSION - EXECUTIVE 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
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Ron Ward, Pastor, A Church Without Walls, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of Mesquite Church of Christ Pre-School.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
City of Mesquite, Texas Page 1 Monday, February 15, 2016
City Council Meeting Agenda February 15, 2016
CITIZENS FORUM
At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than
personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value
of real property for a length of time not to exceed three minutes on a first-come, first-served basis. No
Council action or discussion is to be taken until such matter is placed on the Agenda and posted in
accordance with law.
PRESENTATIONS
3 16-2002 Presentation of meritorious awards to Fire Department employees.
Attachments: List of Award Winners
CONSENT AGENDA
(All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the City Council or any individual wish to discuss any item, said item may be
removed from the Consent Agenda by motion of the City Council.)
4 16-1999 Minutes of the regular City Council meeting held February 1, 2016.
Attachments: 02.01.2016m.pdf
5 16-2003 A resolution ratifying the expenditure of $69,335.22 without competitive
bidding for emergency permanent repairs to the 24-inch diameter sanitary
sewer force main at the Long Branch Lift Station and authorizing payment
to Tri-Con Services, Inc., for such repairs.
Attachments: Resolution
Photo of Long Branch Repair
6 16-2008 A resolution adopting a comprehensive weapon policy for City employees
and the City’s policy implementing State weapon, firearm and handgun
carry legislation and designating the Municipal Court building as the
premises of a government court or offices utilized by the court for purposes
of weapon possession.
Attachments: Resolution
7 16-2006 Bid No. 2016-042 - 2016 Annual Pavement Lifting Project.
(Authorize the City Manager to execute a contract with low bidder Nortex
Concrete Lift & Stabilization, Inc., in the amount of $770,632.07.)
Attachments: Bid Tabulation
Detailed Bid Tabulation
8 16-2001 Bid No. 2016-057 - Purchase of Three ½ Ton Pickups.
(Staff recommends award to Caldwell Country Chevrolet, in Caldwell,
Texas, through BuyBoard Contract No. 430-13, sponsored by the Texas
Association of School Boards, in the amount of $74,520.00.)
City of Mesquite, Texas Page 2 Monday, February 15, 2016
City Council Meeting Agenda February 15, 2016
9 16-2004 Bid No. 2016-058 - Purchase of a 46,000 GVW Cab and Chassis with Dump
Body.
(Staff recommends award to MHC Kenworth, in Dallas, Texas, through
BuyBoard Contract No. 430-13, sponsored by the Texas Association of
School Boards, in the amount of $131,757.40.)
Attachments: 12 Yard Dump Truck
10 16-2011 Bid No. 2016-059 - Purchase of Three 33,000 GVW Cab and Chassis with
Refuse Bodies.
(Staff recommends award to MHC Kenworth, in Dallas, Texas, through
BuyBoard Contract No. 430-13, sponsored by the Texas Association of
School Boards, in the amount of $397,188.00.)
Attachments: Photo - 20-Yard Rear Loader
11 16-2007 Bid No. 2016-060 - Purchase of 17 Philips HeartStart MRX ALS Cardiac
Monitors/Defibrillators.
(Staff recommends award to Southeastern Emergency Equipment through
BuyBoard Contract No. 479-15, sponsored by the Texas Association of
School Boards, in the amount of $350,998.69.)
Attachments: Quote
12 16-2012 Bid No. 2016-061 - Annual Fiber Optic Cabling Repair and Maintenance.
(Authorize the City Manager to execute a contract with Future Telecom,
Inc., through an Interlocal Cooperative-Purchasing Agreement with
Mesquite Independent School District, in an amount not to exceed
$120,000.00.)
13 16-1998 Authorize the City Manager to execute a professional engineering services
contract with Halff Associates, Inc., to prepare construction contract
documents, hydraulic reports and permitting documents for Streambank
Stabilization of South Mesquite Creek Channel and Stream 2B7 in the
amount of $471,500.00.
Attachments: Location Map
Photo of Proposed Type of Streambank Stabilization
ADJOURNMENT
City of Mesquite, Texas Page 3 Monday, February 15, 2016
City Council Meeting Agenda February 15, 2016
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. Susan Flander v. Department of Public Safety et al – Filed 11-15-13
2. Kathleen Parvin v. The City of Mesquite – Filed 1-26-15
3. James H. Watson and Others Similarly Situated v. City of Allen, City of Amarillo, City of Arlington, City of
Austin, City of Balch Springs, City of Balcones Heights, City of Bastrop, City of Baytown, City of Bedford,
City of Burleson, City of Cedar Hill, City of Cleveland, City of Conroe, City of Coppell, City of Corpus Christi,
City of Dallas, City of Denton, City of Diboll, City of Duncanville, City of El Paso, City of Elgin, City of
Farmers Branch, City of Fort Worth, City of Frisco, City of Garland, City of Grand Prairie, City of Haltom
City, City of Humble, City of Hurst, City of Hutto, City of Irving, City of Jersey Village, City of Killeen, City of
League City, City of Little Elm, City of Longview, City of Lufkin, City of Magnolia, City of Marshall, City of
Mesquite, City of North Richland Hills, City of Plano, City of Port Lavaca, City of Richardson, City of
Richland Hills, City of Roanoke, City of Round Rock, City of Southlake, City of Sugar Land, City of Tomball,
City of University Park, City of Watauga, City of Willis, Redflex Traffic Systems, Inc., American Traffic
Solutions, Inc., American Traffic Solutions, LLC, Xerox State & Local Solutions, Inc., f/k/a ACS State &
Local Solutions, Inc., and the State of Texas – Filed 4-28-15
4. Vernon Westbrook v. City of Mesquite – Filed 6-17-15
5. Kathy Dyer and Robert Dyer, Individually and as Representative of the Estate of Graham Dyer v. City of
Mesquite, Texas; Jack Fyall; Richard Houston; Alan Gafford; Zachary Scott; William Heidelburg; Paul
Polish; Joe Baker; Bill Hedgpeth – Filed 8-12-15
6. Andrea Perez Simpson v. City of Mesquite; PM Construction and Rehab, LLC; Inland Pipe Rehabilitation,
LLC; PM Construction-Texas – Filed 9-21-15
7. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15
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 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. The following
subject may be discussed:
Discuss legal issues regarding the North Texas Municipal Water District Regional Water Supply Facilities
Amendatory Contract between the City of Mesquite, other regional cities and the North Texas Municipal
Water District and the agreement between the North Texas Municipal Water District and the City of
Mesquite for additional treated water service at Point of Delivery No. 3.
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.
City of Mesquite, Texas Page 4 Monday, February 15, 2016
City Council Meeting Agenda February 15, 2016
Economic Development:
Pursuant to Section 551.087 of the Texas Government Code, the City Council will meet in closed session to
consider commercial or financial information regarding business prospects or projects. The following
subject may be discussed:
14 16-2009 Consider economic development incentives for a business expansion
located in the Skyline Logistics Hub.
15 16-2010 Receive briefing regarding status of incentive proposals for businesses
considering location near the Mesquite Metro Airport.
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).
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.
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.
City of Mesquite, Texas Page 5 Monday, February 15, 2016
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