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City Council

Regular Meeting

Mesquite, TX · April 4, 2016

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, April 4, 2016 6:00 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 - 6:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding a shared services program with the North Central Texas Council of Governments to electronically accept warrant payments and other court related fees and payments. Council directed staff to prepare (1) a resolution authorizing an interlocal agreement with the North Central Texas Council of Governments to implement an electronic warrant services program, a standard engagement letter with Government Payment Services, Inc., (GOVPAYNET) and authorizing GOVPAYNET as a credit card processing vendor; (2) an ordinance amending Chapter 1 of the City Code to permit multiple credit card payment processing vendors and establish a maximum cap of five percent as a credit card processing fee; and (3) a resolution reauthorizing Forte Payment Systems, Inc., as a credit card payment processing vendor in light of amendment to Chapter 1 of the City Code for consideration at a future City Council meeting. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:38 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 6:47 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 1 City Council Minutes - Final April 4, 2016 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:48 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 6:58 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:04 P.M. INVOCATION Charlie Brown, Pastor, The Crossing Baptist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Student Mayors from North Mesquite High School, West Mesquite High School and Poteet High School. SPECIAL ANNOUNCEMENTS (1) Mr. Casper stated that while he was attending the Mesquite Rodeo Parade last Saturday, his wife was holding the first adoption event for her new 501(c)(3) non-profit, Mesquite Animal Pawtners and looks forward to more adoption events in the future. Also, this Friday, April 8, is their fifth wedding anniversary. (2) As promised at the March 21, 2016, City Council meeting, Mr. Noschese transformed himself into Superhero Super Seuss. He thanked Tisinger Elementary School staff for hosting Superheroes Night on March 17, 2016, where he dressed as Super Seuss and read a Dr. Seuss book to students . Someone posted a photo of Super Seuss on Facebook and challenged Mr. Noschese to wear the outfit to a City Council meeting. He agreed to do so if the group collectively raised over $200 to benefit the Mesquite Animal Shelter, which they did. Mr. Noschese expressed appreciation to the Council and community for their support for the Mesquite Animal Shelter and to Mesquite Independent School District Superintendent Dr. David Vroonland for his community literacy initiative to get all young students reading at grade level by the time they are in third grade. (3) Mr. Noschese had the honor of attending two Boy Scout Eagle Scout ceremonies this past weekend for Zachary Evans and Caleb DeHate. Only four to six percent of all Boy Scouts ever reach the rank of Eagle Scout. For their Eagle Scout Projects, Zachary distributed flag collection boxes at all Mesquite Fire Stations and Fire Administration Office to collect worn flags for proper retirement and Caleb constructed a solar powered watering system for a garden at an elementary school in Balch Springs. Mr. Noschese stated that he is very proud of these two young men for reaching the rank of Eagle Scout and encouraged all citizens to support the Boy Scouts. (4) Everyone gave Mr. Noschese aka Super Seuss a standing ovation for being a good sport. City of Mesquite, Texas Page 2 City Council Minutes - Final April 4, 2016 CITIZENS FORUM (1) Diana Wilson, 1601 Wheatfield Drive, expressed support to continue the City billboard marketing campaign. She also thanked the Council for the creation of the Code Ambassador Program and T 25 Task Force initiative and thanked them for their service to the City. (2) Bryan Odom, 1330 Buena Vista, thanked the Council for recent positive changes he has witnessed in the City and to City staff for their efforts. PRESENTATIONS 2 Recognize Student Government Day participants from North Mesquite High School, West Mesquite High School and Poteet 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 North Mesquite High School, West Mesquite High School and Poteet High School on April 8, 2016. City Councilmembers presented proclamations commemorating this event. 3 Receive presentation announcing a new food drive campaign with Sharing Life Community Outreach and Mesquite Social Services. Wayne Larson, Manager of Communications and Marketing, stated that in conjunction with the Real. Texas. Festival. a successful canned food drive was held each year benefitting the Mesquite Social Services (MSS) and Sharing Life Community Outreach (SLCO) food pantries. With the reorganization of the Real. Texas. Festival. into the Summer Sizzle event, staff has also reorganized the food drive into the “Spread the Love” campaign, which encourages the community to donate peanut butter and jelly to the MSS and SLCO food pantries to help serve children in need of meals throughout the summer. Elizabeth Harrell, Director of Parks and Recreation, stated that the Parks and Recreation Department has designated several spring and summer events to assist in accepting donations for “Spread the Love”. The campaign will kick off with the Hero Run on April 23, 2016, and donation boxes will be provided at various City events such as KidFish, Movies in the Park, Summer Sizzle, Doggie Splash Day and the Back to School Bash. Donation boxes will also be located at several city facilities including City Hall, Municipal Center and both libraries. Staff has created an incentive to help with donations by offering discounted admission prices at City Lake Aquatic Center, Vanston Pool and the Florence House. Teresa Jackson, Executive Director of SLCO, stated that summer is a critical time for many children in the community as they are not attending school where they would normally receive a free or reduced price breakfast and lunch. SLCO has implemented a backpack program which provides seven days of lunches and snacks in a backpack with the staple of the program being peanut butter and jelly. The participants return the backpack the following week and a new backpack is provided. Ms. Jackson expressed appreciation to the City Council and City staff for their support in allowing SLCO to participate in the "Spread the Love" campaign. Trisha Lowery, Executive Director of MSS, expressed appreciation to the City Council for raising awareness of children who are left at home to fend for City of Mesquite, Texas Page 3 City Council Minutes - Final April 4, 2016 themselves during the summer months. The "Spread the Love" campaign will greatly benefit these children. During the summer of 2015, MSS serviced 22,000 individuals with 40 percent of these being children. Mayor Pickett invited the City Council to make the first donations to the “Spread the Love” campaign and encouraged all citizens to participate. CONSENT AGENDA Approval of the Consent Agenda Mr. Archer requested that Item No. 5 be removed from the Consent Agenda to be considered separately. Mr. Archer moved to approve the remaining 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 March 21, 2016. Approved on the Consent Agenda. 6 Bid No. 2016-062 - Annual Contract for the Supply of Video Imaging Vehicle Detection System. (Staff recommends award to ITS PLUS, Inc., through an Interlocal-Cooperative Purchasing Agreement with the City of Richardson Contract Bid No. 38-13, in an amount not to exceed $99,960.00.) Approved on the Consent Agenda. 7 Bid No. 2016-069 - City Hall Audio and Video Improvements. (Authorize the City Manager to finalize and execute contracts with Ford Audio-Video Systems, LLC, for audio improvements in the amount of $46,670.61 through an Interlocal Cooperative-Purchasing Agreement with The Interlocal Purchasing System (TIPS) Contract No. 1121914 and sole source provider Swagit Productions, LLC, for video improvements in the amount of $135,560.00, for a total amount of $182,230.61.) Approved on the Consent Agenda. 8 Bid No. 2016-072 - Annual Microsoft Enterprise Agreement and Office 365 Maintenance. (Staff recommends award to Software House International through the Texas Department of Information Resources [DIR] Contract No. DIR-SDD-2503 in the amount of $152,534.46.) Approved on the Consent Agenda. 9 Accept offer of property donation located at 2800 North Galloway Avenue and authorize the City Manager to execute the necessary documents. Approved on the Consent Agenda. City of Mesquite, Texas Page 4 City Council Minutes - Final April 4, 2016 CONSENT AGENDA ITEM CONSIDERED SEPARATELY 5 A resolution adopting policy issue priorities for the Year 2016 and strategic goals for the future of Mesquite. Mr. Archer moved to approve Resolution No. 17-2016, by adding “make the most efficient use of staffing to provide the highest level of public safety for the community” under the Public Safety heading of the 2015-16 City Council Policy Issues and Strategic Goals, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING POLICY ISSUE PRIORITIES FOR THE YEAR 2016 AND STRATEGIC GOALS FOR THE FUTURE OF MESQUITE. Motion was seconded by Mr. Casper and approved unanimously. (Resolution No. 17-2016 recorded on page of Resolution Book No. 49.) END OF CONSENT AGENDA APPOINTMENT TO BOARDS AND COMMISSIONS 10 Consider appointment of one member to the Mesquite Veterans’ Affairs and Memorial Advisory Board for a term to expire September 7, 2016. Ms. Roberts moved to appoint Branden Gums to the Mesquite Veterans’ Affairs and Memorial Advisory Board for a term to expire September 7, 2016. Motion was seconded by Mr. Archer and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:50 P.M. Mayor Pickett 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 (Discuss annual review of Municipal Court Judge); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:40 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr. Casper and approved unanimously. The meeting adjourned at 8:41 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, April 4, 2016 6:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas PRE-MEETING - TRAINING ROOMS A&B - 6:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 16-2086 Receive briefing regarding a shared services program with the North Central Texas Council of Governments to electronically accept warrant payments and other court related fees and payments. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:00 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 Charlie Brown, Pastor, The Crossing Baptist Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Student Mayors from North Mesquite High School, West Mesquite High School and Poteet High School. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. City of Mesquite, Texas Page 1 Monday, April 4, 2016 City Council Meeting Agenda April 4, 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 2 16-2056 Recognize Student Government Day participants from North Mesquite High School, West Mesquite High School and Poteet High School. 3 16-2082 Receive presentation announcing a new food drive campaign with Sharing Life Community Outreach and Mesquite Social Services. 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 16-2074 Minutes of the regular City Council meeting held March 21, 2016. Attachments: 03.21.2016m 5 16-2073 A resolution adopting policy issue priorities for the Year 2016 and strategic goals for the future of Mesquite. Attachments: Resolution - City Council Goals 6 16-2022 Bid No. 2016-062 - Annual Contract for the Supply of Video Imaging Vehicle Detection System. (Staff recommends award to ITS PLUS, Inc., through an Interlocal-Cooperative Purchasing Agreement with the City of Richardson Contract Bid No. 38-13, in an amount not to exceed $99,960.00.) Attachments: Bid Quote.xlsx.pdf 7 16-2039 Bid No. 2016-069 - City Hall Audio and Video Improvements. (Authorize the City Manager to finalize and execute contracts with Ford Audio-Video Systems, LLC, for audio improvements in the amount of $46,670.61 through an Interlocal Cooperative-Purchasing Agreement with The Interlocal Purchasing System (TIPS) Contract No. 1121914 and sole source provider Swagit Productions, LLC, for video improvements in the amount of $135,560.00, for a total amount of $182,230.61.) Attachments: Sole Source Letter Scope of Work Executive Summary 8 16-2071 Bid No. 2016-072 - Annual Microsoft Enterprise Agreement and Office 365 City of Mesquite, Texas Page 2 Monday, April 4, 2016 City Council Meeting Agenda April 4, 2016 Maintenance. (Staff recommends award to Software House International through the Texas Department of Information Resources [DIR] Contract No. DIR-SDD-2503 in the amount of $152,534.46.) Attachments: SHI Quote-11173500.pdf SHI Quote-11173612.pdf SHI Quote-11173660.pdf SHI Quote-11173677.pdf SHI Quote-11173684.pdf 9 16-2075 Accept offer of property donation located at 2800 North Galloway Avenue and authorize the City Manager to execute the necessary documents. Attachments: Property Owner Donation Letter.pdf Location Map.pdf APPOINTMENT TO BOARDS AND COMMISSIONS 10 16-2080 Consider appointment of one member to the Mesquite Veterans’ Affairs and Memorial Advisory Board for a term to expire September 7, 2016. Attachments: Personal Data Form - Gums ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 3 Monday, April 4, 2016 City Council Meeting Agenda April 4, 2016 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 8. Kavin Rhodes v. Mesquite Police Department, Officers M. B. Winters, D. L. Boykin, J. P. Vassilakos, G. W. Hensley, E. A. Sparling, W. D. Mosley – Filed 1-27-16 9. Travis Tryon v. City of Mesquite – Filed 2-25-16 City of Mesquite, Texas Page 4 Monday, April 4, 2016 City Council Meeting Agenda April 4, 2016 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 subjects may be discussed: • 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. Real Property Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to consider the purchase, exchange, lease or value of real property. The following subjects may be discussed: 11 16-2087 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. 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. • Discuss annual review of Municipal Court Judge. 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. City of Mesquite, Texas Page 5 Monday, April 4, 2016 City Council Meeting Agenda April 4, 2016 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. City of Mesquite, Texas Page 6 Monday, April 4, 2016

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