City Council

City of Mesquite, Texas Minutes - Final City Council Monday, March 7, 2016 4:30 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 - 4:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the new Code Enforcement Volunteer program. 2 Receive briefing regarding the Community Appearance Manual. Council concurred with the proposed changes to the Community Appearance Manual (CAM) and provided preferences on building appearance. Staff will process an amendment to the CAM ordinance through the Planning and Zoning Commission and bring it back to Council for consideration at a future Council meeting. 3 Discuss offer of property donation located at 1301 East Glen Boulevard. Council concurred with accepting the donation and requested staff bring the item back for Council consideration at a future Council meeting. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:57 P.M. The City Council met in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Discuss a lease option of real property located at 3003 Oates Drive, Mesquite, Texas); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:17 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final March 7, 2016 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:17 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 relating to: (i) the Agreement for Facility Resources originally entered into as of September 23, 1998, between Texas Utilities Integrated Solutions, Inc. and Arena Promotions, Inc., as amended, assigned and now existing between the City of Mesquite and Camelot Sports & Entertainment, LLC; (ii) the Economic Development Program Agreement dated effective October 17, 2011, entered into between the City of Mesquite and Camelot Sports & Entertainment, LLC and (iii) the Economic Development Program Agreement dated effective April 28, 2009, between the City of Mesquite and First State Bank); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:36 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:36 P.M. The City Council met in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Deliberate the possible purchase, exchange, lease, or value of real property because deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with third persons ); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:38 p.m., the City Council reconvened in Open Session. No executive action was necessary. CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:42 P.M. 4 Receive financial statement for period covering October 1, 2015, through December 31, 2015. Debbie Mol, Director of Finance, presented the financial statement for period covering October 1, 2015, through December 31, 2015. The work session ended at 6:57 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:02 P.M. INVOCATION Deputy Mayor Pro Tem Bruce Archer. PLEDGE OF ALLEGIANCE Members of the Hella Shrine Legion of Honor. City of Mesquite, Texas Page 2 City Council Minutes - Final March 7, 2016 SPECIAL ANNOUNCEMENTS (1) Mr. Archer stated that he is proud to see local youth showing interest in getting involved in our community. (2) Mr. Noschese congratulated Taylor Quinn for her recent acceptance into the United States Naval Academy in Annapolis, Maryland. Ms. Quinn is a Poteet High School Graduate and daughter of Mesquite Police Officer Mark Quinn. (3) Ms. Roberts recognized the City’s new Chief of Police Charles Cato and welcomed him to Mesquite. (4) Administrative Director of Community Services Valerie Bradley recognized Saji George and Rajan George from St. Paul’s Mar Thoma Church who presented a $2,500 donation to Keep Mesquite Beautiful, Inc., Chairperson Jennifer Sloan for the Helping Others in Mesquite Everyday (HOME) program. CITIZENS FORUM (1) Wayne Tywater, 3826 O’Hare Drive, expressed concerns regarding vehicles speeding and occupants using cellphones in school zones. (2) Bert Newsome, 3217 Sidney Drive, expressed concerns regarding street maintenance and issues in his neighborhood. APPOINTMENT FOR PERSONAL APPEARANCE 5 Appointment - Brad Hanley, President, Mesquite Quality of Life Corporation. (Mr. Hanley will present the Board’s Fiscal Year 2014-15 annual report.) Brad Hanley, President, Mesquite Quality of Life Corporation, presented the annual report for the Mesquite Quality of Life Corporation (MQOLC). During Fiscal Year 2014-15, the MQOLC Board of Directors approved $2,701,658 in Transportation projects, $32,000 for Public Safety projects, $8,216,893 for Parks and Recreation projects, $150,000 for Administration, for a grand total of $11,100,551. A total revenue of $10,738,446 was received with total expenditures of $9,981,700 leaving an ending fund balance of $7,077,598. Mr. Hanley recognized MQOLC Director Bennye Rice who was present. Councilmembers expressed appreciation to the MQOLC Board of Directors for their dedicated service to the City of Mesquite. 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. Porter and approved unanimously. 6 Minutes of the regular City Council meeting held February 15, 2016. Approved on the Consent Agenda. 7 An ordinance providing for the abandonment of all street and alley right -of-way and utility easements dedicated with the original plat for Whitson Gardens Addition No. 7, Block S. City of Mesquite, Texas Page 3 City Council Minutes - Final March 7, 2016 Approved on the Consent Agenda. Ordinance No. 4411, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FOR THE ABANDONMENT OF ALL STREET AND ALLEY RIGHT-OF-WAY AND UTILITY EASEMENTS DEDICATED WITH THE ORIGINAL PLAT FOR WHITSON GARDENS ADDITION NO. 7, BLOCK S; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4411 recorded on page of Ordinance Book No. 106.) 8 An ordinance revising the processing and reporting of certain change orders on contracts, authorizing the City Manager to approve certain change orders on contracts and specifically repealing Ordinance Nos. 2518, 3883, 3927, 3935 and 4081 in their entirety. Approved on the Consent Agenda. Ordinance No. 4412, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, REVISING THE PROCESSING AND REPORTING OF CERTAIN CHANGE ORDERS ON CONTRACTS AND AUTHORIZING THE CITY MANAGER TO APPROVE CERTAIN CHANGE ORDERS ON CONTRACTS; PROVIDING A REPEALER CLAUSE AND SPECIFICALLY REPEALING ORDINANCE NOS. 2518, 3883, 3927, 3935 AND 4081 IN THEIR ENTIRETY; AND PROVIDING A SEVERABILITY CLAUSE. (Ordinance No. 4412 recorded on page of Ordinance Book No. 106.) 9 A resolution authorizing the Mayor to execute an Election Services Contract and Joint Election Services Agreement with Dallas County Elections Department in connection with the annual City election to be held May 7, 2016. Approved on the Consent Agenda. Resolution No. 12-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION CONTRACT AND ELECTION SERVICES AGREEMENT WITH DALLAS COUNTY ELECTIONS DEPARTMENT. (Resolution No. 12-2016 recorded on page of Resolution Book No. 49.) 10 A resolution establishing precincts and the location of polling places for the annual City election to be held May 7, 2016. Approved on the Consent Agenda. Resolution No. 13-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ESTABLISHING PRECINCTS AND THE LOCATION OF POLLING PLACES FOR THE ANNUAL CITY ELECTION; AND DECLARING AN EFFECTIVE DATE. (Resolution No. 13-2016 recorded on page of Resolution Book No. 49.) 11 A resolution adopting a policy prohibiting the carrying of licensed handguns into any meeting of a governmental entity that is subject to the Texas Open Meetings Act. Approved on the Consent Agenda. Resolution No. 14-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF City of Mesquite, Texas Page 4 City Council Minutes - Final March 7, 2016 MESQUITE, TEXAS, ADOPTING A POLICY PROHIBITING THE CARRYING OF WEAPONS, INCLUDING HANDGUNS AND OTHER FIREARMS, INTO ANY MEETING OF A GOVERNMENTAL ENTITY THAT IS SUBJECT TO THE TEXAS OPEN MEETINGS ACT; PROVIDING AN EXCEPTION FOR LICENSED PEACE OFFICERS. (Resolution No. 14-2016 recorded on page of Resolution Book No. 49.) 12 A resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation for the temporary closure of State right-of-way on April 2, 2016, for the City of Mesquite Rodeo Parade. Approved on the Consent Agenda. Resolution No. 15-2016, 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 RIGHT-OF-WAY ON APRIL 2, 2016, FOR THE CITY OF MESQUITE RODEO PARADE. (Resolution No. 15-2016 recorded on page of Resolution Book No. 49.) 13 Bid No. 2016-036 Annual Supply of Ford OEM Parts. (Staff recommends award to low bidder Town East Ford in the amount of $60,000.00.) Approved on the Consent Agenda. 14 Bid No. 2016-038 - Construction of Improvements in DeBusk Park. (Authorize the City Manager to finalize and execute a contract with J. Nichols Construction, Inc., in the amount of $77,636.75.) Approved on the Consent Agenda. 15 RFP No. 2016-039 - Construction Manager-at-Risk for Vanston Park Improvements. (Authorize the City Manager to finalize and execute an agreement with Dean Electric Co., dba Dean Construction Co., in the amount of $172,550.00.) Approved on the Consent Agenda. 16 Bid No. 2016-048 - 2016 Annual Miscellaneous Concrete Work Project (Section A). (Staff recommends all bids be rejected and rebid at a later date.) Approved on the Consent Agenda. 17 Bid No. 2016-049 - 2016 Annual Miscellaneous Concrete Work Project (Section B). (Authorize the City Manager to finalize and execute a contract with low bidder B&B Concrete and Sawing, Inc., in the amount of $2,513,150.00.) Approved on the Consent Agenda. 18 Bid No. 2016-050 - 2016 Annual Pavement Milling and Overlay Project (Section A). (Authorize the City Manager to finalize and execute a contract with low bidder City of Mesquite, Texas Page 5 City Council Minutes - Final March 7, 2016 Austin Bridge and Road, LP, in the amount of $4,106,000.00.) Approved on the Consent Agenda. 19 Bid No. 2016-051 - 2016 Annual Pavement Milling and Overlay Project (Section B). (Authorize the City Manager to execute a contract with low bidder Austin Bridge and Road, LP, in the amount of $4,106,000.00.) Approved on the Consent Agenda. 20 Bid No. 2016-055 - Hardscape and Landscape Improvements to Freedom Park. (Staff recommends all bids be rejected and rebid at a later date.) Approved on the Consent Agenda. 21 Bid No. 2016-064 - Purchase of a 100,000 GVW Semi-Truck Tractor. (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 $122,863.00.) Approved on the Consent Agenda. 22 Bid No. 2016-065 - Purchase of a 27,000 GVW Cab and Chassis with Utility 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 $90,548.10.) Approved on the Consent Agenda. 23 Bid No. 2016-066 - Annual Avaya Telephone System Maintenance. (Staff recommends award to Avaya, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-2654 in the amount of $63,456.84.) Approved on the Consent Agenda. 24 Bid No. 2016-068 - Annual Repair to Cummins Engines. (Staff recommends award to sole source provider Cummins Southern Plains, LLC, in the amount of $80,000.00.) Approved on the Consent Agenda. PUBLIC HEARING 25 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2016-01 amending the schedule of permitted uses and definitions in City Code Sections 3-203 and 3-602 pertaining to requirements for SIC 79, Amusement and Recreation Services. (The Planning and Zoning Commission recommends approval of the zoning text amendment.) A public hearing was held for Zoning Text Amendment No. 2016-01. City of Mesquite, Texas Page 6 City Council Minutes - Final March 7, 2016 Richard Gertson, Director of Planning and Development Services, stated that the proposed ordinance changes passive indoor amusement recreation, such as bowling centers and escape rooms, from a Conditional Use Permit (CUP) to permitted-by-right. A CUP will continue to be required for certain amusement activities such as skating rinks, bingo parlors and shooting ranges. Coin-operated devices are not included in the proposed amendment and will continue to require a CUP if more than four devices are requested. Councilmembers expressed concerns regarding possibly losing control over some indoor uses. Mr. Gertson requested Council allow staff time to further research and define indoor uses and continue discussion at a future City Council meeting. No one appeared regarding the proposed zoning change. Mayor Pickett declared the public hearing closed. Mayor Pickett explained that escape rooms are a type of game in which participants are locked in a room with other participants, who use a series of clues to escape the room within a certain time frame. The escape rooms are used as team building exercises and corporate outings. Mr. Noschese moved to continue consideration of Zoning Text Amendment No. 2016-01 to the March 21, 2016, City Council meeting. Motion was seconded by Mr. Archer and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 26 Consider appointment of one alternate member to the Mesquite Housing Board for a term to expire December 3, 2016. Ms. Roberts moved to appoint Patrick Patterson as an alternate member to the Mesquite Housing Board for a term to expire December 3, 2016. Motion was seconded by Mr. Noschese and approved unanimously. 27 Consider appointment of one alternate member to the Parks and Recreation Advisory Board/Tree Board for a term to expire October 21, 2016. Mr. Noschese moved to appoint Brooks Watts as an alternate member to the Parks and Recreation Advisory Board/Tree Board for a term to expire October 21, 2016. Motion was seconded by Mr. Tarpley and approved unaniously. 28 Consider the appointment of one alternate member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for a term to expire March 7, 2018. Mr. Archer moved to appoint Sherry Williams as an alternate member to the Planning and Zoning Commission/Capital Improvements Advisory Committee for a term to expire March 7, 2018. Motion was seconded by Mr. Porter and approved unanimously. 29 Consider appointment of one alternate member to the Board of Adjustment for a term to expire January 1, 2018, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee. City of Mesquite, Texas Page 7 City Council Minutes - Final March 7, 2016 Mr. Casper moved to appoint Marvin Haar as an alternate member to the Board of Adjustment for a term to expire January 1, 2018, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee by designation of Councilmember Jeff Casper, Place 2. Motion was seconded by Mr. Noschese and approved unanimously. ADJOURNMENT Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr. Archer and approved unanimously. The meeting adjourned at 7:37 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 8