City Council
Regular MeetingMesquite, TX · May 2, 2016
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, May 2, 2016 4:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Bruce Archer, Bill Porter, Jeff Casper, and Dennis
Tarpley, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmembers Greg Noschese and Shirley Roberts.
PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding the Mesquite Police Department analysis.
Council directed the funding budgeted in FY2015-16 for two new patrol sergeants
to be used to hire four civilians – two civilian crime scene analysts and two
civilian public service officers.
2 Receive briefing regarding Summer Sizzle event.
3 Discuss retirement benefits for City employees.
Council directed the City Manager have an outside audit performed on the
retirement benefits received by Director level and above employees that have
retired since 1994 to determine if City policy was adhered to.
4 Receive briefing regarding proposed amendment to the Community
Appearance Manual.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:10 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 4:50 p.m., the City Council reconvened in Open
Session.
No executive action was necessary.
City of Mesquite, Texas Page 1
City Council Minutes - Final May 2, 2016
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:50 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 Chapter
143 of the Texas Local Government Code and the Amended and Restated Memorandum of
Understanding (Meet and Confer) between the City and the Mesquite Police Association ); whereupon,
the City Council proceeded to meet in the Executive Conference Room. After the closed meeting
ended at 5:42 p.m., the City Council reconvened in Open Session.
No executive action was necessary.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:42 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
(Discuss economic development incentives for a business expansion in the Skyline Logistics Hub and
Discuss economic development incentives for a prospect seeking to locate in the Downtown area );
whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed
meeting ended at 5:59 p.m., the City Council reconvened in Open Session.
No executive action was necessary.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:13 P.M.
INVOCATION
Mayor Stan Pickett.
PLEDGE OF ALLEGIANCE
Keep Mesquite Beautiful Youth Environmental Leaders.
SPECIAL ANNOUNCEMENTS
(1) Mr. Casper encouraged everyone to vote in the Municipal Election. Early voting ends tomorrow
and Election Day is Saturday, May 7, 2016.
(2) Mr. Porter stated that the Hispanic Forum of Mesquite, Inc. hosted a Cinco de Mayo celebration at
City Lake Park this past Saturday which was a huge success.
(3) Mr. Archer stated that the first Edgemont Park neighborhood meeting was held last Tuesday night .
This coming Sunday, he will join the Seventh Day Adventist Church for a trash pickup in the
neighborhood and on Saturday, May 14, 2016, a neighborhood cookout will be held at McWhorter
Park from Noon to 2:00 p.m. He invited everyone to come out and show their support for this
neighborhood.
City of Mesquite, Texas Page 2
City Council Minutes - Final May 2, 2016
CITIZENS FORUM
(1) Thomas Hubacek, 1324 Fernwood Drive and Diana Wilson, 1601 Wheatfield Drive expressed
concerns regarding City employee retirement benefits.
(2) Michael Smith, 1008 Old Barn Lane, expressed concerns regarding City employee retirement
benefits and code enforcement issues.
(3) Chad Sloan, 1703 Andrew, expressed concerns regarding alley conditions in his neighborhood.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Noschese moved to approve Item Nos. 5 and 8-14 on the Consent Agenda, as
follows. Motion was seconded by Mr. Casper and approved unanimously.
5 Minutes of the regular City Council meeting held April 18, 2016.
Approved on the Consent Agenda.
8 Bid No. 2016-071 - 2016 Annual Miscellaneous Concrete Work Project
(Section A).
(Authorize the City Manager to finalize and execute a contract with low bidder
Austin Bridge & Road, LP, in the amount of $1,966,047.00.)
Approved on the Consent Agenda.
9 Bid No. 2016-078 - Avaya 9621G Telephone Upgrade.
(Staff recommends award to Jabbercomm through Texas Department of
Information Resources [DIR] Contract No. DIR-TSO-2677 in the amount of
$68,750.00.)
Approved on the Consent Agenda.
10 Bid No. 2016-079 - Purchase of a Trailer Mounted Sewer Jet.
(Staff recommends award to Durand-Wayland, Inc., in LaGrange, Georgia,
through the Houston-Galveston Area Council of Governments Cooperative
Purchasing Program Contract No. SC01-15, in the amount of $52,873.80.)
Approved on the Consent Agenda.
11 Bid No. 2016-081 - Avaya Phone System Upgrade.
(Staff recommends award to Lantana Communications through Texas
Department of Information Resources [DIR] Contract No. DIR-SDD-2654 in the
amount of $242,933.50 and authorize the City Manager to execute an
agreement with Lantana Communications)
Approved on the Consent Agenda.
12 A resolution ratifying the execution of the revision and restatement by the City
Manager to the City’s 401(a) Supplemental Retirement Plan with Lincoln
Financial Group as required by the Internal Revenue Service.
Approved on the Consent Agenda.
City of Mesquite, Texas Page 3
City Council Minutes - Final May 2, 2016
Resolution No. 22-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, RATIFYING THE EXECUTION OF THE REVISION AND
RESTATEMENT BY THE CITY MANAGER TO THE CITY OF MESQUITE’S 401(a)
SUPPLEMENTAL RETIREMENT PLAN WITH LINCOLN FINANCIAL GROUP AS
REQUIRED BY THE INTERNAL REVENUE SERVICE. (Resolution No. 22-2016
recorded on page of Resolution Book No. 49.)
13 A resolution ratifying the execution of the revision and restatement by the City
Manager to the City’s 457(b) Supplemental Retirement Plan with VALIC as
required by the Internal Revenue Service.
Approved on the Consent Agenda.
Resolution No. 23-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, RATIFYING THE EXECUTION OF THE REVISION AND
RESTATEMENT BY THE CITY MANAGER TO THE CITY OF MESQUITE’S 457(b)
SUPPLEMENTAL RETIREMENT PLAN WITH VALIC AS REQUIRED BY THE
INTERNAL REVENUE SERVICE. (Resolution No. 23-2016 recorded on page
of Resolution Book No. 49.)
14 Approve Amendment No. 3 to the 2015-16 Police Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and Chapter
59 of the Texas Code of Criminal Procedure in the amount of $13,000.00.
Approved on the Consent Agenda.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
6 An ordinance amending Chapter 11 of the City Code thereby amending the
Administration section of the Community Appearance Manual.
Mr. Archer moved to postpone consideration of an ordinance amending Chapter
11 of the City Code thereby amending the Administration section of the
Community Appearance Manual. Motion was seconded by Mr. Casper and
approved unanimously.
7 An ordinance adopting amendments to the Community Appearance Manual
pertaining to General Intent, Appeals and Industrial standards.
Mr. Archer moved to postpone consideration of an ordinance adopting
amendments to the Community Appearance Manual pertaining to General Intent,
Appeals and Industrial standards. Motion was seconded by Mr. Casper and
approved unanimously.
END OF CONSENT AGENDA
PUBLIC HEARINGS
15 Conduct a public hearing and consider an ordinance for Application No .
1-41-2016, submitted by James Franklin, for a zoning change from R-3,
Single-Family Residential, to Planned Development - Agricultural, on an
undeveloped 2.1381-acre tract located at 2757 Mesquite Valley Road.
(One letter in favor and one letter in opposition to the application were received
from property owners within the statutory notification area. The Planning and
City of Mesquite, Texas Page 4
City Council Minutes - Final May 2, 2016
Zoning Commission recommends approval of the application.)
A public hearing was held for Application No. 1-41-2016.
Applicant James Franklin, 920 Brownfield Drive, stated that he has lived in
Mesquite since 1987 and would like to plant pecan trees on the site as well as
construct a residence and an accessory structure for crop production. Pecan
trees are native to Texas and require much water, which renders this site ideal as
it is primarily located in a flood plain.
Mr. Archer moved to approve Application No. 1-41-2016, as recommended by the
Planning and Zoning Commission, and to approve Ordinance No. 4421, AN
ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE MESQUITE
ZONING ORDINANCE ADOPTED ON SEPTEMBER 4, 1973, AND RECODIFIED ON
NOVEMBER 21, 1988, SO AS TO APPROVE A CHANGE OF ZONING FROM R-3
SINGLE FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT - AGRICULTURAL
ON PROPERTY LOCATED AT 2757 MESQUITE VALLEY ROAD THEREBY
ALLOWING A SINGLE-FAMILY DETACHED DWELLING AND CROP PRODUCTION
SUBJECT TO A SINGLE STIPULATION; REPEALING ALL ORDINANCES IN
CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN
EMERGENCY. Motion was seconded by Mr. Porter and approved unanimously.
(Ordinance No. 4421 recorded on page of Ordinance Book No. 106.)
16 Conduct a public hearing and consider an ordinance for Application No .
1028-15A-2016, submitted by National Entertainment Network, for a rezoning
from Commercial to Commercial with a Conditional Use Permit to allow up to a
maximum of 15 coin-operated amusement devices on the 29.7-acre tract
currently occupied by Walmart at 200 East U.S. Highway 80.
(Five letters in opposition to the application were received from property
owners within the statutory notification area. The Planning and Zoning
Commission recommends approval of the application.)
Mayor Pickett announced that Application No. 1028-15A-2016 has been
withdrawn per the applicant's request.
ADJOURNMENT
Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Porter
and approved unanimously. The meeting adjourned at 7:34 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, May 2, 2016 4:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 16-2109 Receive briefing regarding the Mesquite Police Department analysis.
2 16-2110 Receive briefing regarding Summer Sizzle event.
Attachments: Event Site Map
Site Plan Option 2
Summer Sizzle Poster
3 16-2116 Discuss retirement benefits for City employees.
4 16-2118 Receive briefing regarding proposed amendment to the Community
Appearance Manual.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:00 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
Douglas Herrell, Adult Pastor, Family Cathedral, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Keep Mesquite Beautiful Youth Environmental Leaders.
City of Mesquite, Texas Page 1 Monday, May 2, 2016
City Council Meeting Agenda May 2, 2016
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
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.
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.)
5 16-2101 Minutes of the regular City Council meeting held April 18, 2016.
Attachments: Minutes
6 16-2111 An ordinance amending Chapter 11 of the City Code thereby amending the
Administration section of the Community Appearance Manual.
Attachments: Redline Exhibit
Ordinance - Amending CAM
7 16-2112 An ordinance adopting amendments to the Community Appearance Manual
pertaining to General Intent, Appeals and Industrial standards.
Attachments: Redline Exhibit
Ordinance - CAM
8 16-2095 Bid No. 2016-071 - 2016 Annual Miscellaneous Concrete Work Project
(Section A).
(Authorize the City Manager to finalize and execute a contract with low
bidder Austin Bridge & Road, LP, in the amount of $1,966,047.00.)
Attachments: Bid Tab - Purchasing
Bid Tabulation - Engineering
9 16-2098 Bid No. 2016-078 - Avaya 9621G Telephone Upgrade.
(Staff recommends award to Jabbercomm through Texas Department of
Information Resources [DIR] Contract No. DIR-TSO-2677 in the amount of
$68,750.00.)
Attachments: Jabbercomm Quote.pdf
10 16-2102 Bid No. 2016-079 - Purchase of a Trailer Mounted Sewer Jet.
(Staff recommends award to Durand-Wayland, Inc., in LaGrange, Georgia,
City of Mesquite, Texas Page 2 Monday, May 2, 2016
City Council Meeting Agenda May 2, 2016
through the Houston-Galveston Area Council of Governments Cooperative
Purchasing Program Contract No. SC01-15, in the amount of $52,873.80.)
Attachments: Photo - Sewer Jet
11 16-2097 Bid No. 2016-081 - Avaya Phone System Upgrade.
(Staff recommends award to Lantana Communications through Texas
Department of Information Resources [DIR] Contract No. DIR-SDD-2654 in
the amount of $242,933.50 and authorize the City Manager to execute an
agreement with Lantana Communications)
12 16-2105 A resolution ratifying the execution of the revision and restatement by the
City Manager to the City’s 401(a) Supplemental Retirement Plan with
Lincoln Financial Group as required by the Internal Revenue Service.
Attachments: IRS Amendment
Letter from Lincoln Financial Group
Resolution
13 16-2115 A resolution ratifying the execution of the revision and restatement by the
City Manager to the City’s 457(b) Supplemental Retirement Plan with
VALIC as required by the Internal Revenue Service.
Attachments: IRS Amendment
Letter from VALIC
Resolution
14 16-2096 Approve Amendment No. 3 to the 2015-16 Police Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and
Chapter 59 of the Texas Code of Criminal Procedure in the amount of
$13,000.00.
Attachments: Seizure Amendment No 3
PUBLIC HEARINGS
15 16-2103 Conduct a public hearing and consider an ordinance for Application No.
1-41-2016, submitted by James Franklin, for a zoning change from R-3,
Single-Family Residential, to Planned Development - Agricultural, on an
undeveloped 2.1381-acre tract located at 2757 Mesquite Valley Road.
(One letter in favor and one letter in opposition to the application were
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval of the
application.)
Attachments: Case summary 1-41
Staff report 1-41-2016
P&Z minutes 4-11-2016
Ordinance - 2757 MV
City of Mesquite, Texas Page 3 Monday, May 2, 2016
City Council Meeting Agenda May 2, 2016
16 16-2108 Conduct a public hearing and consider an ordinance for Application No.
1028-15A-2016, submitted by National Entertainment Network, for a
rezoning from Commercial to Commercial with a Conditional Use Permit to
allow up to a maximum of 15 coin-operated amusement devices on the
29.7-acre tract currently occupied by Walmart at 200 East U.S. Highway 80.
(Five letters in opposition to the application were received from property
owners within the statutory notification area. The Planning and Zoning
Commission recommends approval of the application.)
Attachments: Case summary
Staff report
P&Z minutes
Ordinance
ADJOURNMENT
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
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, May 2, 2016
City Council Meeting Agenda May 2, 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 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.
• Discuss legal issues associated with Chapter 143 of the Texas Local Government Code and the
Amended and Restated Memorandum of Understanding (Meet and Confer) between the City and the
Mesquite Police Association.
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 5 Monday, May 2, 2016
City Council Meeting Agenda May 2, 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:
17 16-2104 Discuss economic development incentives for a business expansion in the
Skyline Logistics Hub.
18 16-2117 Discuss economic development incentives for a prospect seeking to locate
in the Downtown area.
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.
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, May 2, 2016
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