City Council

City of Mesquite, Texas Minutes - Final City Council Monday, April 18, 2016 4:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Greg Noschese, Bruce Archer, Bill Porter, Jeff Casper and Shirley Roberts, City Manager Cliff Keheley and City Secretary Sonja Land. Absent: Councilmember Dennis Tarpley EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:20 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 the request of the Town of Sunnyvale (Sunnyvale) who has requested exchanging Samuell Farm in the City of Mesquite ETJ north of US Highway 80 (240 acres) for the previously requested Sunnyvale ETJ along Lawson Road (105 acres) in order to protect Sunnyvale’s park investment); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 4:47 p.m., the City Council reconvened in Open Session. See Pre-Meeting Item No. 1 for executive action taken. Mr. Tarpley entered the meeting. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:05 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 associated with employment agreements); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:43 p.m., the City Council reconvened in Open Session. No executive action was necessary. PRE-MEETING - TRAINING ROOMS A&B - 6:45 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Discuss exchange of Extraterritorial Jurisdiction (ETJ) property with the Town of Sunnyvale. Council directed staff to prepare a letter declining the Town of Sunnyvale’s request to swap ETJ properties and to pursue annexation of all of Samuell Farm Park. City of Mesquite, Texas Page 1 City Council Minutes - Final April 18, 2016 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Richard Flowers, Senior Pastor, Emmanuel Pentecostal Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE National Elementary Honor Society students, Price Elementary School. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese introduced a special guest, Braden Ault, who will be joining him on the dais tonight. (2) Mr. Noschese had the honor of recently attending an Eagle Scout ceremony for Aaron Marien from Boy Scout Troop 67. Aaron is a senior at Dr. John Horn High School and plans to attend Texas A&M University in the fall. He is a member of Horn’s music program and performs with the Mesquite Symphony Orchestra and the praise band at First United Methodist Church. For his Eagle Scout project, Aaron organized the planning, research, donation, construction and installation of 13 metal picnic tables with benches at City Lake Park. Mr. Noschese encouraged all citizens to support the community efforts of the Boy Scouts. (3) Mr. Noschese praised the Mesquite Golf Club for participation in The First Tee of Greater Dallas, a program that provides youth with character-building and life skill lessons using golf as the platform . The program has seen rapid growth after the first year with 40 participants in the program. A second session has been added with a third session proposed as a part of the City ’s Recreation After School Program (RASP). (4) Yesterday, Mr. Noschese attended the 6th Annual Living Waters Ministries Day and enjoyed a spirit-filled celebration. Mr. Noschese presented a t-shirt to Mayor Pickett from Pastor Bruner who sent his greetings and is looking forward to expanding the church to the East Kearney Street location in the near future. (5) Mr. Archer welcomed Police Department families and friends who were in attendance. He expressed appreciation to the Samuel Farms, Rollingwood Hills and Northridge Neighborhood Crime Watch groups for their continued efforts to keep the City moving forward. (6) Mayor Pickett invited everyone to attend the 13th Annual Mayor’s Prayer Breakfast on May 5, 2016, from 7:00 am to 8:00 a.m. at Family Cathedral in coordination with the National Day of Prayer . Breakfast will be sponsored by the Mesquite Police Association and the Mesquite Ministerial Alliance will host an event at Noon in the City Council Chambers. Anyone wishing to attend is requested to RSVP through the City’s website. CITIZENS FORUM (1) Darlene McCurry, 2212 Borman Avenue, invited Council to attend a neighborhood meeting tomorrow night at 7:00 p.m. at Goodbar Recreation Center to discuss the proposed zoning change for property located at 2920 Gus Thomasson Road. (2) Walton Eames, 3618 La Prada Drive, expressed concerns regarding construction at the Villas at Vanston Park and traffic at 5101 Gus Thomasson Road. PRESENTATIONS 2 Presentation of meritorious conduct awards to Police Department employees. City of Mesquite, Texas Page 2 City Council Minutes - Final April 18, 2016 Mayor Pickett and Lt. Brian Parrish presented meritorious conduct awards to members of the Mesquite Police Department and citizens of Mesquite in recognition of their achievements and outstanding service. Awards were presented as follows: • Citizen’s Certificate of Merit to Steven Switzer and Arthur Paddock; • Meritorious Conduct Bar to George Hensley and Blake Stillwagoner; • Life Saving Award to Aaron Shedd, Alex Fraire, Chris Odom, Barbie Cleere, Cheryl Kelly, Mark Reinhart, Steven Contreras, Jeremy Walker and Matt Gardner; • Certificate of Merit to Charity Lovato, George Hensley, Paul Wathen, Ryan Nielsen, Chris Odom, Johnny Nance, Mark Quinn and DesDamonna Richter; • Certificate of Civic Achievement to Tim Green; • Civilian of the Year to Tamekia Thomas and • Officer of the Year to Chris Smith. Those not present to receive awards included: Owen Chung for Citizen’s Certificate of Merit and John Tullis, Drew Chasney and Corey Renfrow for Life Saving Award. CONSENT AGENDA Approval of the Consent Agenda Mr. Archer requested that Item No. 11 be removed from the Consent Agenda to be considered separately. Mr. Noschese moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Casper and approved unanimously. 3 Minutes of the regular City Council meeting held April 4, 2016. Approved on the Consent Agenda. 4 A resolution authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for electronic warrant payment services thereby authorizing the execution of an engagement letter with their vendor and approving such vendor in accordance with Section 1-19 of the City Code. Approved on the Consent Agenda. Resolution No. 18-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR ELECTRONIC WARRANT PAYMENT SERVICES THEREBY AUTHORIZING THE EXECUTION OF AN ENGAGEMENT LETTER WITH THEIR VENDOR AND APPROVING SUCH VENDOR IN ACCORDANCE WITH SECTION 1-19 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED. (Resolution No. 18-2016 recorded on page of Resolution Book No. 49.) 5 An ordinance amending Chapter 1 of the City Code, deleting Section 1-19(b) in its entirety and adding a new Section 1-19(b) thereby authorizing the processing fee an approved vendor may charge for payment by credit card of fees, fines, court costs and other charges not to exceed five percent. City of Mesquite, Texas Page 3 City Council Minutes - Final April 18, 2016 Approved on the Consent Agenda. Ordinance No. 4420, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTION 1-19(b) IN ITS ENTIRETY AND ADDING A NEW SECTION 1-19(b) THEREBY AUTHORIZING THE PROCESSING FEE AN APPROVED VENDOR MAY CHARGE FOR PAYMENT BY CREDIT CARD OF FEES, FINES, COURT COSTS AND OTHER CHARGES NOT TO EXCEED FIVE PERCENT; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. (Ordinance No. 4420 recorded on page of Ordinance Book No. 106.) 6 A resolution authorizing Forte Payment Systems, Inc., as a credit card payment processing vendor for the City of Mesquite and to charge a processing fee for such transactions in accordance with Chapter 1 Section 1-19(b) of the City Code, as amended. Approved on the Consent Agenda. Resolution No. 19-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, RATIFYING AN AGREEMENT WITH FORTE PAYMENT SYSTEMS, INC., FOR CREDIT CARD PROCESSING SERVICES THEREBY APPROVING SUCH VENDOR IN ACCORDANCE WITH SECTION 1-19 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED. (Resolution No. 19-2016 recorded on page of Resolution Book No. 49.) 7 A resolution directing Oncor Electric Delivery Company, LLC, to file certain information with the City of Mesquite, Texas; setting a procedural schedule for the gathering and review of necessary information in connection therewith; setting dates for the filing of the City’s analysis of the Company’s filing and the Company’s rebuttal to such analysis; ratifying the hiring of legal counsel and consultants; reserving the right to require the reimbursement of the City ’s rate case expenses; setting a public hearing for the purposes of determining if the existing rates of Oncor Electric Delivery Company are unreasonable or are in any way in violation of any provision of law, and to determine just and reasonable rates to be charged by Oncor Electric Delivery Company, LLC. Approved on the Consent Agenda. Resolution No. 20-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS (THE “CITY”), DIRECTING ONCOR ELECTRIC DELIVERY COMPANY, LLC (THE “COMPANY”), TO FILE CERTAIN INFORMATION WITH THE CITY; SETTING A PROCEDURAL SCHEDULE FOR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWITH; SETTING DATES FOR THE FILING OF THE CITY’S ANALYSIS OF THE COMPANY’S FILING AND THE COMPANY’S REBUTTAL TO SUCH ANALYSIS; RATIFYING THE HIRING OF LEGAL COUNSEL AND CONSULTANTS; RESERVING THE RIGHT TO REQUIRE THE REIMBURSEMENT OF THE CITY’S RATE CASE EXPENSES; SETTING A PUBLIC HEARING FOR THE PURPOSES OF DETERMINING IF THE EXISTING RATES OF ONCOR ELECTRIC DELIVERY COMPANY ARE UNREASONABLE OR IN ANY WAY IN VIOLATION OF ANY PROVISION OF LAW AND THE DETERMINATION BY THE CITY OF JUST AND REASONABLE RATES TO BE CHARGED BY ONCOR ELECTRIC DELIVERY COMPANY, LLC.; NOTING COMPLIANCE WITH OPEN MEETINGS LAW; AND PROVIDING NOTICE OF PASSAGE. (Resolution No. 20-2016 recorded on page City of Mesquite, Texas Page 4 City Council Minutes - Final April 18, 2016 of Resolution Book No. 49.) 8 A resolution authorizing the City Manager to execute a Standard Utility Agreement to receive reimbursement for utility relocations completed in preparation for the construction of the Interstate Highway 635 frontage road between Gross Road and US Highway 80. Approved on the Consent Agenda. Resolution No. 21-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A STANDARD UTILITY AGREEMENT TO RECEIVE REIMBURSEMENT FOR UTILITY RELOCATIONS COMPLETED IN PREPARATION FOR THE CONSTRUCTION OF THE INTERSTATE HIGHWAY 635 FRONTAGE ROAD BETWEEN GROSS ROAD AND US HIGHWAY 80. (Resolution No. 21-2016 recorded on page of Resolution Book No. 49.) 9 Bid No. 2016-056 - Annual Landscape Maintenance of the TxDOT High Visibility Interchanges. (Authorize the City Manager to execute a contract with Good Earth, Inc ., in the amount of $62,323.96.) Approved on the Consent Agenda. 10 Bid No. 2016-063 - Annual Mowing Maintenance of City Parks and Special Areas. (Authorize the City Manager to execute a contract with Good Earth, Inc ., in the amount of $245,337.00.) Approved on the Consent Agenda. 12 Consider approval of a 90-day extension to the existing Amended and Restated Memorandum of Understanding between the City of Mesquite (City) and the Mesquite Police Association (MPA) (the Meet and Confer Agreement), ratify an Extension of Amended and Restated Memorandum of Understanding between the City and the MPA pursuant to Subchapter B of Chapter 142 of the Texas Local Government Code extending the term of the existing Meet and Confer Agreement to expire on July 29, 2016, (the Extension Agreement) and authorize the City Manager to execute the Extension Agreement. Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 11 Approve the purchase of property located at 109-111 South Broad Street, Mesquite, Texas (Property) from Stephen A. Leake, Susan T. Leake, Gary Bingham and Cecelia Bingham (Sellers) for the purchase price of $380,000.00 and related closing costs, and ratifying and approving all actions taken by or on behalf of the City in connection with the purchase of the Property including, without limitation, the execution by the City Manager of a commercial contract between the Sellers and the City, and authorizing the City Manager to execute all other documents and take all other actions necessary or requested to consummate the closing and purchase of the Property. City of Mesquite, Texas Page 5 City Council Minutes - Final April 18, 2016 Mr. Archer moved to approve the purchase of property located at 109-111 South Broad Street, Mesquite, Texas (Property) from Stephen A. Leake, Susan T. Leake, Gary Bingham and Cecelia Bingham (Sellers) for the purchase price of $380,000.00 and related closing costs, and ratify and approve all actions taken by or on behalf of the City in connection with the purchase of the Property including, without limitation, execution by the City Manager of a commercial contract between the Sellers and the City, and authorize the City Manager to execute all other documents and take all other actions necessary or requested to consummate the closing and purchase of the Property. Motion was seconded by Mr. Noschese. On call for a vote on the motion, the following votes were cast: Ayes: Archer, Noschese, Pickett, Tarpley Nayes: None Abstentions: Porter, Casper, Roberts Motion carried. END OF CONSENT AGENDA ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Archer and approved unanimously. The meeting adjourned at 7:53 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 6