City Council

City of Mesquite, Texas Minutes - Final City Council Monday, March 21, 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. GROUNDBREAKING CEREMONY FOR STREET BOND ROAD CONSTRUCTION PROJECT - 4:30 P.M. Located at corner of Lee Street and Crestridge Street, Mesquite, Texas, 75149. PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the T25 Task Force. Council concurred with the direction of the T25 Task Force. 2 Receive briefing regarding the City of Mesquite/Mesquite Independent School District billboard campaign. Council requested additional information be provided at the April 4, 2016, City Council meeting. 3 Discuss offer of property donation located at 2800 North Galloway Avenue. Council concurred with placing approval of the donation on the April 4, 2016, City Council meeting consent agenda. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:21 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 City of Mesquite, Texas Page 1 City Council Minutes - Final March 21, 2016 meeting ended at 6:44 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:01 P.M. INVOCATION Pablo Ferrara, Pastor, Castillo del Rey, Mesquite, Texas. PLEDGE OF ALLEGIANCE Horn High School Student Mayor Anisah Hamilton and Mesquite High School Student City Manager Michael Hernandez. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese thanked the Tisinger Elementary School staff for hosting Superheroes Literacy Night on March 17, 2016, which he attended along with Mayor Pickett, Councilmember Archer and MISD School Board Elect Eddie Rose. Mr. Noschese dressed as Super Suess and announced that if $ 200 or more was raised to benefit the Mesquite Animal Shelter, he would wear the outfit to a City Council meeting. Thanks to Mayor Pickett’s generous donation, over $240 was raised. Therefore, Mr. Noschese promised to wear his Super Seuss outfit to a future City Council meeting. (2) Ms. Roberts stated that last Saturday’s Easter Egg Hunt and Breakfast with the Bunny was a huge success with over 900 scrambled eggs served for breakfast. She thanked everyone that helped to make this a fun day for families. (3) Mr. Tarpley announced that a new locally owned business, Smallcakes Cupcakery and Creamery, has opened at 1418 N. Galloway across from Municipal Center. He invited everyone to stop by and give them a try. (4) Mr. Porter announced that the annual Student Government Day events will take place on Friday, April 1, 2016 and Friday, April 8, 2016 for the five local high schools. He stated that five of the seven Mesquite City Councilmembers are graduates of Mesquite High School or Horn High School. (5) Mr. Casper expressed support for the T25 Task Force initiative that was discussed during the Pre-Meeting which identifies properties in the City with the most environmental code issues and criminal activity. This program will provide aggressive enforcement strategies to address these issues. (6) Mr. Archer challenged residents to continue holding neighborhood block parties and cookouts to get acquainted with their neighbors. (7) Mayor Pickett acknowledged that his wife appeared in her first national television appearance last Thursday night on American Idol. (8) Mayor Pickett recognized State Representative Cindy Burkett who was in attendance. CITIZENS FORUM (1) Randy Lawson, 2002 Stillwater Drive; Lois Buford, 4209 Arbor; Brandon Perkins, 2508 Highland; Joe Hicks, 4403 Harbinger; and Ron Ward, 430 Runningbrook Lane, expressed support for the City to consider creation of a veteran’s memorial. (2) Kelly Shepperd, 3510 Palm Drive; Jim Shepperd, 3510 Palm Drive; Kristi Samons, 2505 Catalina Drive; and Michael Samons, 2505 Catalina Drive expressed concerns regarding a recent dog bite incident. City of Mesquite, Texas Page 2 City Council Minutes - Final March 21, 2016 PRESENTATIONS 4 Recognize Student Government Day participants from Mesquite High School and Horn High School. Mayor Pickett recognized the Student Mayors, City Councilmembers, City Managers and City Secretaries who will be participating in Student Government Day activities from Mesquite High School and Horn High School on April 1, 2016. Mayor Pickett acknowledged Horn High School student Taylor Quinn representing City Council, Place 1, for being recently accepted into the United States Naval Academy in Annapolis, Maryland. City Councilmembers presented proclamations commemorating this event. APPOINTMENTS FOR PERSONAL APPEARANCE 5 Appointment - Representatives of First Southwest Company. (Representatives of First Southwest Company will review pricing for the issuance and sale of bonds.) W. Boyd London, Jr., representing First Southwest Company, introduced Leroy Grawunder, Jr., with McCall, Parkhurst & Horton, L.L.P., and reviewed pricing for the issuance and sale of three bond issues: (1) $11,815,000, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016; (2) $17,295,000, General Obligation Refunding and Improvement Bonds, Series 2016 and (3) $6,845,000, Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 2016. Mr. London stated that Standard & Poor’s Rating Services affirmed the City’s credit rating for the General Obligation Refunding and Improvement Bonds, Series 2016, and the Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016, at “AA,” which is the same rating the City received last year. Standard & Poor’s cited the following reasons for the City’s rating affirmation: weak economy, very strong management with strong financial management policies and practices, strong budgetary performance, very strong budgetary flexibility, very strong liquidity, weak debt and contingent liability position and a strong institutional framework score. Moody’s assigned an “Aa2” rating to the City of Mesquite’s General Obligation Refunding and Improvement Bonds, Series 2016, and the Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016. Moody’s cited the following reasons for the City’s rating: city’s large tax base with recovering assessed values, lower than median wealth levels, satisfactory financial position and a manageable debt profile. Mr. Tarpley expressed appreciation to past and present City management for the strong fiscal management and financial control. The City is saving approximately $3.1 million in refunding the bonds. Mr. Noschese stated that refunding bonds is similar to a citizen refinancing a home to save money in interest costs. By taking advantage of the lower interest rates and not extending the date of repayment, taxpayers will save money in the long run. The negative outlook on the Water bonds is primarily due to the drought and lower water consumption levels. 6 An ordinance authorizing the issuance of City of Mesquite, Texas, General City of Mesquite, Texas Page 3 City Council Minutes - Final March 21, 2016 Obligation Refunding and Improvement Bonds, Series 2016, approving an official statement, authorizing the execution of a purchase agreement and an escrow agreement, making provisions for the security thereof, providing an effective date and ordaining other matters relating to the subject. Mr. Tarpley moved to approve Ordinance No. 4413, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF MESQUITE, TEXAS, GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS, SERIES 2016, APPROVING AN OFFICIAL STATEMENT, AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT AND AN ESCROW AGREEMENT, MAKING PROVISIONS FOR THE SECURITY THEREOF, PROVIDING AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No. 4413 recorded on page of Ordinance Book No. 106.) 7 An ordinance authorizing the issuance of City of Mesquite, Texas, Combination Tax and Limited Surplus Revenue Certificates of Obligation, Series 2016, approving an official statement, authorizing the execution of a purchase agreement, making provisions for the security thereof, providing an effective date and ordaining other matters relating to the subject. Mr. Tarpley moved to approve Ordinance No. 4414, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF MESQUITE, TEXAS, COMBINATION TAX AND LIMITED SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2016, APPROVING AN OFFICIAL STATEMENT, AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT, MAKING PROVISIONS FOR THE SECURITY THEREOF, PROVIDING AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. Motion was seconded by Ms. Roberts and approved unanimously. (Ordinance No. 4414 recorded on page of Ordinance Book No. 106.) 8 An ordinance authorizing the issuance of City of Mesquite, Texas, Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 2016, approving an official statement, authorizing the execution of a purchase agreement and an escrow agreement, making provisions for the security thereof, providing an effective date and ordaining other matters relating to the subject. Mr. Archer moved to approve Ordinance No. 4415, AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF MESQUITE, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2016, APPROVING AN OFFICIAL STATEMENT, AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT AND AN ESCROW AGREEMENT, MAKING PROVISIONS FOR THE SECURITY THEREOF, PROVIDING AN EFFECTIVE DATE AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. Motion was seconded by Ms. Roberts and approved unanimously. (Ordinance No. 4415 recorded on page of Ordinance Book No. 106.) CONSENT AGENDA Approval of the Consent Agenda Mr. Noschese moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Casper and approved unanimously. City of Mesquite, Texas Page 4 City Council Minutes - Final March 21, 2016 9 Minutes of the regular City Council meeting held March 7, 2016. Approved on the Consent Agenda. 10 An ordinance providing for the abandonment of a utility easement dedicated by amending the plat for West Mesquite High School Addition. Approved on the Consent Agenda. Ordinance No. 4416, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT DEDICATED BY AMENDING THE PLAT FOR WEST MESQUITE HIGH SCHOOL ADDITION; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4416 recorded on page of Ordinance Book No. 106.) 11 An ordinance providing for the partial abandonment of utility, drainage and access easements dedicated with the original plat for Buckner Crossing Addition, Lots 1 to 5, Block A/8476. Approved on the Consent Agenda. Ordinance No. 4417, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FOR THE PARTIAL ABANDONMENT OF UTILITY, DRAINAGE AND ACCESS EASEMENTS DEDICATED WITH THE ORIGINAL PLAT FOR BUCKNER CROSSING ADDITION, LOTS 1 TO 5, BLOCK A/8476; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4417 recorded on page of Ordinance Book No. 106.) 12 A resolution authorizing the City Manager to finalize and execute an agreement for the purchase of electric energy from a retail energy provider at the best value for the City of Mesquite, Texas. Approved on the Consent Agenda. Resolution No. 16-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT FOR THE PURCHASE OF ELECTRIC ENERGY FROM A RETAIL ENERGY PROVIDER AT THE BEST VALUE FOR THE CITY OF MESQUITE, TEXAS. (Resolution No. 16-2016 recorded on page of Resolution Book No. 49.) 13 Authorize the City Manager to execute an amendment to a contract with Brown & Gay Engineers, Inc., for additional engineering and surveying services in conjunction with the Thomasson Square Road Project - Paving, Utility & Drainage Improvements in the amount of $132,486.00. Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute an Interlocal Agreement with the City of Dallas for Biomedical Online Medical Supervision in an amount not to exceed $56,755.00 for fiscal year 2015-16 and $57,816.00 for fiscal year 2016-17, for a total amount not to exceed $114,571.00. City of Mesquite, Texas Page 5 City Council Minutes - Final March 21, 2016 Approved on the Consent Agenda. 15 Authorize the City Manager to finalize and execute the Mesquite Independent School District and City of Mesquite Facility Use and Maintenance Agreement. Approved on the Consent Agenda. PUBLIC HEARINGS 16 A. Conduct a public hearing regarding the Parks and Recreation Department Youth Programs Standards of Care. B. Consider an ordinance adopting the Parks and Recreation Department Youth Programs Standards of Care. Elizabeth Harrell, Director of Parks and Recreation, explained that a Standards of Care policy is reviewed annually and adopted by ordinance, after holding a public hearing. State law allows municipalities to adopt a Standards of Care policy providing for self-regulation of after school and summer youth programs and exempts the City from State child-care licensing requirements. No one appeared regarding the Parks and Recreation Department Youth Programs Standards of Care. Mayor Pickett declared the public hearing closed. Mr. Tarpley moved to approve Ordinance No. 4418, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING YOUTH PROGRAMS STANDARDS OF CARE; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 4418 recorded on page of Ordinance Book No. 106.) 17 Conduct a public hearing and consider an ordinance for Zoning Text Amendment No. 2016-01 amending the schedule of permitted uses in Section 3-203 to include Escape Rooms as permitted-by-right under SIC 7999 and defining the same in Section 6-102. (This item is continued from the March 7, 2016, City Council meeting.) A public hearing was held for Zoning Text Amendment No. 2016-01. This item was continued from the March 7, 2016, City Council meeting. Jeff Armstrong, Manager of Planning and Zoning, stated that staff has reduced the scope of the proposed amendment that was presented at the March 7, 2016, City Council meeting by allowing escape rooms as permitted-by-right in non-residential zoning districts with the exception of office. The ability for unintended consequences has been eliminated with a concise definition of escape room added to the ordinance. No one appeared regarding the proposed amendment. Mayor Pickett declared the public hearing closed. Ms. Roberts moved to approve Zoning Text Amendment No. 2016-01 and to approve Ordinance No. 4419, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, BY MAKING CERTAIN DELETIONS AND ADDITIONS UNDER SECTIONS 3-200 AND 6-100 City of Mesquite, Texas Page 6 City Council Minutes - Final March 21, 2016 THEREBY AMENDING THE SCHEDULE OF PERMITTED USES IN SECTION 3-203 TO INCLUDE ESCAPE ROOMS AS PERMITTED-BY-RIGHT UNDER SIC 7999 AND DEFINING THE SAME IN SECTION 6-102; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No. 4419 recorded on page of Ordinance Book No. 106.) APPOINTMENTS TO BOARDS AND COMMISSIONS 18 Consider appointment of one alternate member to the Board of Adjustment for a term to expire January 1, 2017, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee. Mr. Noschese moved to appoint Wes McClure as an alternate member to the Board of Adjustment for a term to expire January 1, 2017, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee by designation of Mayor Stan Pickett. Motion was seconded by Mr. Casper and approved unanimously. OTHER BUSINESS 19 Consider scheduling a special City Council meeting to canvass the returns for the May 7, 2016, General Election. Mr. Archer moved to schedule a special meeting to be held at 9:00 a.m., on Wednesday, May 18, 2016, to canvass the results of the May 7, 2016, General Election. Motion was seconded by Mr. Porter and approved unanimously. ADJOURNMENT Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr. Casper and approved unanimously. The meeting adjourned at 8:05 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 7