City Council
Regular MeetingMesquite, TX · June 6, 2016
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, June 6, 2016 5:30 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Greg Noschese, Bruce Archer, Bill Porter, Jeff
Casper, Dan Aleman and Dennis Tarpley, City Manager Cliff Keheley and City Secretary Sonja Land.
PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding Program Year 2016 Community Development Block
Grant (CDBG) applications and budget.
2 Discuss preliminary design schematic for Gus Thomasson Road from US
Highway 80 to Town East Boulevard.
It was Council consensus to proceed with scheduling a public meeting and
gathering public input on the three options presented.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:56 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 (Legal advice regarding new Equal
Employment Opportunity Non-Discrimination Policy Statement); whereupon, the City Council
proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:34 p.m.,
the City Council reconvened in Open Session.
See Consent Agenda Item No. 21 for executive action taken.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:04 P.M.
INVOCATION
Dr. W. R. Willis, Pastor, Calvary Community Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of Girl Scout Troop 6756.
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City Council Minutes - Final June 6, 2016
PRESENTATIONS
3 Presentation of Certificates of Election to Councilmembers Bruce Archer, Place
3, Dan Aleman, Place 4, and Greg Noschese, Place 5.
Mayor Pickett presented Certificates of Election to Councilmembers Bruce
Archer, Place 3; Dan Aleman, Place 4; and Greg Noschese, Place 5.
4 Recognize employees through the Real. Texas. Service. Champions program.
City Manager Cliff Keheley stated that as a result of the 2015 Employee
Engagement Survey, increased recognition was identified as an area for
improvement. The Real. Texas. Service. Champions program was created as an
opportunity for employees to be recognized for their service to the organization
and Mesquite community. Four employees or team of employees are chosen
each quarter. In addition to tonight's recognition, employees will receive an extra
vacation day. A brief video was shown describing each employee's contributions
to the City of Mesquite.
Mayor Pickett, City Councilmembers and Mr. Keheley presented certificates of
appreciation to the following employees in honor of their service to the City of
Mesquite: Administrative Secretary Susan Nix, Parks and Recreation Department;
Court Administrator Lidia Barraza, Municipal Court; Police Officer Johnny Nance,
Police Department; and Rachel Baisden, Leslie Davis, Jenny Sue Gleaves, Natalie
King, Brenda Reames, Elsa Rodriquez, Lisa Tomaszewski and Erin Conley,
Planning & Development Services team.
5 Recognize Small Business Week video participants.
Wayne Larson, Manager of Communications and Marketing, stated that one of
the City Council's goals is to promote small businesses in Mesquite. Staff
produced a video in which four locally-owned businesses and their owners were
featured in recognition of National Small Business Week. The businesses were
featured in a variety of communications and marketing efforts including social
media, printed publications and media relations. A video was shown highlighting
Mayor Pickett's visits to each of the four businesses. Mayor Pickett recognized
Kookie Haven, Atheneos Authentic Greek Cuisine, Magee Machine &
Manufacturing and Windsor Florist and presented each owner with a certificate.
SPECIAL ANNOUNCEMENTS
(1) Mr. Aleman announced that on June 15, 2016, Dallas Regional Medical Center will be opening a
new Women’s Center in Mesquite.
(2) Mr. Tarpley congratulated the Mesquite Rotary Club for a successful Rodeo Road Rally this past
Saturday and thanked the Rotary Club members and volunteers who helped with this event.
(3) Mr. Tarpley reminded everyone to bring their family and friends to the new Summer Sizzle event,
hosted by the Parks and Recreation Department, this Saturday, June 11, 2016, from Noon until 10:30
p.m. at Paschall Park. There will be fireworks, food trucks, mud volleyball, BBQ cookoff and many
other family friendly activities and events.
(4) Mr. Tarpley, who is currently serving his seventh term as Councilmember, Place 6, announced that
he will not be running for re-election when his term ends in 2017.
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City Council Minutes - Final June 6, 2016
(5) Mr. Noschese reminded everyone to donate peanut butter and jelly to the City ’s “Spread the Love”
campaign. Donation boxes can be found at various City facilities and events, including the upcoming
Summer Sizzle. These donations will be provided to Mesquite Social Services and Sharing Life to
supply meals to children in need throughout the summer.
(6) Mr. Archer commended former Councilmember Shirley Roberts for attending tonight’s meeting.
(7) Mr. Porter stated that the office buildings next to the old Mesquite Community Hospital have been
demolished with the hospital to be demolished in the near future.
CITIZENS FORUM
Mr. Noschese moved to suspend the rules to allow 27 speakers at two minutes per speaker. Motion
was seconded by Mr. Casper and approved unanimously.
(1) Darlene McCurry, 2212 Borman Ave., requested the streets in her neighborhood remain closed to
traffic with no bike lanes in the redesign of Gus Thomasson Road.
(2) Fernandez Rojas, 2423 Lagoon Drive, stated that World Elder Abuse Awareness Day will be
observed on June 15, 2016, at Zion Lutheran Church, 6121 East Lovers Lane, Dallas from 9:00 a.m.
until 12:30 p.m.
(3) The following persons spoke in favor of revising Animal Services operations: ( 1) Holly Rodriguez,
2113 Creek Royal Drive; (2) Audrey Carter, 205 Woodbridge; (3) Emily Mashburn, 905 Via Avenida;
(4) Hilary Duncan, 2716 Oak Creek; (5) Jane Winters, 2613 Hyacinth; (6) Julie Shelton, 1230
Rutherford Drive; (7) Chris Swain, 348 Kimberly Drive; and (8) Elizabeth Walley, 1112 Siebold Court.
(4) The following persons spoke in support of the new Equal Employment Opportunity
Non-Discrimination Policy Statement which is Item No. 21 on tonight’s Council agenda: (1) Sergio
Garcia, 1724 Longview; (2) Harryette Ehrhardt, 5731 Swiss Avenue, Dallas; (3) Connie Cook, 933
Sleepy Hollow Dr., Cedar Hill; (4) Victoria Neave, 4191 Garland Road, #226, Garland; (5) Susie Hess,
2905 Clearwater Drive; (6) Alejandro Salcedo, 1221 Greenbriar Drive; (7) Elizabeth Walley, 1112
Siebold Court; (8) Carliss Stewart, 509 East Grubb Drive; (9) Emily Mashburn, 905 Via Avenida; (10)
Jane Winters, 2613 Hyacinth; and (11) Ashley Boucher, 1014 Ralph Street, Grand Prairie.
(5) The following persons spoke in opposition to the new Equal Employment Opportunity
Non-Discrimination Policy Statement which is Item No. 21 on tonight’s Council agenda: (1) Jonathan
Saenz, 900 Congress, #220, Austin; (2) Greg Bray, 3504 Bahamas Drive, representing Texas Senator
Bob Hall’s Office; (3) Jeremy Hogg, 1241 Woodthorpe Drive; (4) Angela Singletary, 3216 Balch
Springs Road, #203, Balch Springs; (5) Jim Raikes, 5325 Milam Road; and (6) Rhetta Bowers, 5406
Alazan, Rowlett.
(6) Sarah Noschese, 709 Glenhaven Drive, filled out a card in support and Vicki Slaton, 305
Brookwood Forest, Sunnyvale; Wayne and Sheilah Marshall, 5305 Milam; and Lois Buford, 4209 Arbor
Drive, filled out cards in opposition to the new Equal Employment Opportunity Non -Discrimination
Policy Statement which is Item No. 21 on tonight’s Council agenda but chose not to speak.
(7) Scott McKim, 4801 La Paz Drive, expressed support for postponement of the new Equal
Employment Opportunity Non-Discrimination Policy Statement which is Item No. 21 on tonight’s
Council agenda.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Casper requested that Item No. 21 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. Archer and
approved unanimously.
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City Council Minutes - Final June 6, 2016
6 Minutes of the regular City Council meeting held May 16, 2016, and the Special
City Council meeting held May 18, 2016.
Approved on the Consent Agenda.
7 An ordinance adopting Supplement No. 51 to the Code of Ordinances for the
City of Mesquite.
Approved on the Consent Agenda.
Ordinance No. 4428, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
ADOPTING SUPPLEMENT NUMBER 51 (ORDINANCES APPROVED FROM THE
FIRST MEETING IN AUGUST 2015 AND EXTENDING THROUGH THE LAST
MEETING IN FEBRUARY 2016) TO THE CODE OF THE CITY OF MESQUITE,
TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OR FINE FOR EACH OFFENSE AND VIOLATION OF SAID
SUPPLEMENT TO THE SAID CODE; AND DECLARING AN EMERGENCY.
(Ordinance No. 4428 recorded on page of Ordinance Book No. 107.)
8 An ordinance, on second and final reading, approving a negotiated settlement
between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy
Corporation, Mid-Tex Division (“Company”) regarding the Company’s 2016
Rate Review Mechanism filings; declaring existing rates to be unreasonable;
adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement; finding the rates to be set by the settlement tariffs to be just and
reasonable and in the public interest; requiring the Company to reimburse
ACSC’s reasonable ratemaking expenses; determining that this ordinance was
passed in accordance with the requirements of the Texas Open Meetings Act;
adopting a savings clause; declaring an effective date; and requiring delivery of
this ordinance to the Company and the ACSC’s legal counsels.
Approved on the Consent Agenda.
Ordinance No. 4429, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE
ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP.,
MIDTEX DIVISION REGARDING THE COMPANY’S 2016 RATE REVIEW
MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE;
ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH
THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE
SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC
INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE
RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED
IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS
ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND
REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE
ACSC’S LEGAL COUNSEL. (Ordinance No. 4429 recorded on page of
Ordinance Book No. 107.)
9 An ordinance providing for the abandonment of 20-foot wide utility easements
located at the QuikTrip convenience store under construction at 1610 W.
Scyene Road for the fair market value of $28,035.00.
Approved on the Consent Agenda.
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City Council Minutes - Final June 6, 2016
Ordinance No. 4430, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
PROVIDING FOR THE ABANDONMENT OF 20-FOOT WIDE UTILITY EASEMENTS
LOCATED AT THE QUIKTRIP CONVENIENCE STORE UNDER CONSTRUCTION
AT 1610 WEST SCYENE ROAD FOR THE FAIR MARKET VALUE OF $28,035.00;
PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No. 4430 recorded on
page of Ordinance Book No. 107.)
10 An ordinance amending Chapter 9 of the City Code concerning the location of
school zones for Range Elementary School along Town East Boulevard at the
intersection of Bamboo Street, effective August 22, 2016.
Approved on the Consent Agenda.
Ordinance No. 4431, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, CONCERNING THE LOCATION OF SCHOOL ZONES BY PROVIDING A
CERTAIN AMENDMENT TO SECTION 9-147(1)(e) THEREBY PROVIDING A
SCHOOL ZONE FOR RANGE ELEMENTARY ALONG TOWN EAST BOULEVARD;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00)
DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE
THEREOF. (Ordinance No. 4431 recorded on page of Ordinance Book
No. 107.)
11 An ordinance amending Chapter 10 of the City Code thereby updating public
places where smoking is prohibited.
Approved on the Consent Agenda.
Ordinance No. 4432, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, BY
DELETING SECTION 10-99 IN ITS ENTIRETY AND ADDING A NEW SECTION 10-99
THEREBY UPDATING PUBLIC PLACES WHERE SMOKING IS PROHIBITED;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00)
DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE
THEREOF. (Ordinance No. 4432 recorded on page of Ordinance Book
No. 107.)
12 An ordinance amending Chapter 9 of the City Code by adding a new Article XII
thereby providing photographic enforcement and administrative adjudication of
school bus stop arm violations, effective July 1, 2016.
Approved on the Consent Agenda.
Ordinance No. 4433, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, BY ADDING A NEW ARTICLE XII THEREBY PROVIDING
PHOTOGRAPHIC ENFORCEMENT AND ADMINISTRATIVE ADJUDICATION OF
SCHOOL BUS STOP ARM VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; PROVIDING FOR A CIVIL PENALTY NOT TO
EXCEED THREE HUNDRED ($300.00) DOLLARS FOR EACH OFFENSE; AND
DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4433 recorded on
page of Ordinance Book No. 107.)
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City Council Minutes - Final June 6, 2016
13 A resolution authorizing the City Manager to finalize and execute an interlocal
agreement with Mesquite Independent School District to administer and
enforce the School Bus Safety Camera Enforcement Program.
Approved on the Consent Agenda.
Resolution No. 26-2016, A RESOLUTION OF THE CITY COUNIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO FINALIZE AND
EXECUTE AN INTERLOCAL AGREEMENT WITH MESQUITE INDEPENDENT
SCHOOL DISTRICT TO ADMINISTER AND ENFORCE THE SCHOOL BUS SAFETY
CAMERA ENFORCEMENT PROGRAM. (Resolution No. 26-2016 recorded on page
of Resolution Book No. 50.)
14 A resolution authorizing the City Manager to execute the Local Project
Advance Funding Agreement for a Transportation Alternatives Program with
the Texas Department of Transportation for the construction of a 12-foot wide
hike and bike trail along Town East Boulevard from Military Parkway to Skyline
Drive.
Approved on the Consent Agenda.
Resolution No. 27-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION
ALTERNATIVES PROGRAM WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE CONSTRUCTION OF A 12-FOOT WIDE HIKE AND
BIKE TRAIL ALONG TOWN EAST BOULEVARD FROM MILITARY PARKWAY TO
SKYLINE DRIVE. (Resolution No. 27-2016 recorded on page of
Resolution Book No. 50.)
15 A resolution designating Senior Assistant City Attorney Ileana Fernandez to
serve as Public Information Coordinator for the City of Mesquite.
Approved on the Consent Agenda.
Resolution No. 28-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, DESIGNATING SENIOR ASSISTANT CITY ATTORNEY
ILEANA FERNANDEZ TO SERVE AS PUBLIC INFORMATION COORDINATOR FOR
THE CITY OF MESQUITE. (Resolution No. 28-2016 recorded on page of
Resolution Book No. 50.)
16 Bid No. 2016-070 - Annual Supply of Emergency Medical Drugs.
(Staff recommends award to Bound Tree Medical, LLC, in the amount of
$54,932.05.)
Approved on the Consent Agenda.
17 Bid No. 2016-075 - Installation of New Cameras at the City Service Center.
(Authorize the City Manager to finalize and execute the necessary documents
with Convergint Technologies through Texas Department of Information
Resources [DIR] Contract No. DIR-SDD-1724 in the amount of $79,139.09.)
Approved on the Consent Agenda.
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City Council Minutes - Final June 6, 2016
18 Authorize the City Manager to execute a Memorandum of Understanding with
STAR Transit, the Regional Transportation Council and the North Central
Texas Council of Governments concerning purchase of transit service for
seniors and individuals with disabilities.
Approved on the Consent Agenda.
19 Authorize the City Manager to execute a change order to Bid No. E2016-001,
South Mesquite Creek Sanitary Sewer 48-inch Trunk Main Rehabilitation by
Cure-In-Place Pipe (CIPP), Phase 1 (Beginning at the Waste Water Treatment
Plant to approximately 1,600 feet south of Lawson Road) with Insituform
Technologies, LLC, for additional cleaning and rehabilitation to facilitate flow
monitoring in the amount of $67,662.50 and adding 45 calendar days to the
project contract time.
Approved on the Consent Agenda.
20 Approve the sale of two parcels (Parcel 2 and Parcel 2E) of City-owned
property to the Texas Department of Transportation in the amount of
$10,162.00 for right-of-way and drainage easements in conjunction with the
construction and reconstruction of the service roads on Interstate Highway 635
and US Highway 80 and authorize the City Manager to finalize and execute the
necessary documents.
Approved on the Consent Agenda.
CONSENT AGENDA ITEM CONSIDERED SEPARATELY
21 Adopt a new Equal Employment Opportunity Non-Discrimination Policy
Statement.
Mayor Pickett stated that the Council is considering an employment policy, not a
bathroom policy.
Mr. Casper stated that this policy statement is not a bathroom policy and that the
non-discrimination statement affects City employees and will protect employee's
rights.
Rick French, Director of Human Resources, stated that area entities such as the
City of Dallas, Fort Worth Independent School District and City of Plano have
adopted similar policies. Staff is in the process of revising the General
Government Policies and Procedures Manual and was directed by legal counsel
to modify the existing policy statement. The Equal Employment Opportunity
Commission (EEOC) is enforcing the policy; however, the language is not federal
law.
Paula Anderson, Deputy City Attorney, stated that the EEOC is interpreting Title
VII to include gender identity and sexual orientation. The proposed policy
statement clarifies the current practice with policy. The statement provides a
guideline for city supervisors and hiring personnel.
Mr. Tarpley stated that he took the Oath of Office to uphold the law and would be
supporting the proposed policy change.
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City Council Minutes - Final June 6, 2016
Mr. Aleman stated that he would prefer more time for discussion on this issue
and believes the current policy does not discriminate against anyone.
Mr. Noschese stated the proposed policy is an employment policy and a vague
policy leads to litigation. He stated that he would be supporting the proposed
policy change.
Mr. Archer stated that he was prepared to vote for the policy change; however,
upon hearing from citizens he would prefer to postpone the item to allow for
additional information to be provided.
Mr. Porter stated that he would be supporting the proposed policy change.
Mr. Casper moved to adopt a new Equal Employment Opportunity
Non-Discrimination Policy Statement. Motion was seconded by Mr. Noschese.
On call for a vote on the motion, the following votes were cast:
Ayes: Casper, Noschese, Pickett, Porter, Tarpley
Nayes: Archer, Aleman
Motion carried.
END OF CONSENT AGENDA
PUBLIC HEARING
22 Conduct a public hearing and consider a request from McIntyre Wrecking
Service to substitute a wood screening wall for the required masonry screening
wall on property located at 4515 East US Highway 80.
(This item was postponed at the May 16, 2016, City Council meeting.)
A public hearing was held to consider a request from McIntyre Wrecking Service.
Joseph McIntyre, McIntyre Wrecking Service, stated that he has discussed a
request with staff to replace the existing fence with a wooden board-on-board
fence. Mr. McIntyre stated that he does not object to the insertion of stone
columns between fence sections but additional time for installation would be
needed due to the additional cost.
Sergio Garcia, 1724 Longview Street, spoke in opposition to the variance request.
No others appeared regarding the proposed variance request. Mayor Pickett
declared the public hearing closed.
Jeff Armstrong, Manager of Planning and Zoning, stated that staff suggested
stone columns with a concrete mow strip to protect the wooden fence; however,
staff and the applicant did not reach an agreement on the variance which only
encompasses the portion of the property fronting Big Town Boulevard.
Mr. Noschese requested that the applicant work with staff to reach an agreement
on the proposed variance. Mr. Noschese moved to postpone consideration of
the request from McIntyre Wrecking Service to substitute a wood screening wall
for the required masonry screening wall on property located at 4515 East U.S.
Highway 80 to the June 20, 2016, City Council meeting. Motion was seconded by
Mr. Tarpley and approved unanimously.
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City Council Minutes - Final June 6, 2016
RECEIPT OF RESIGNATION
23 Receive resignation from Branden Gums as a member of the Mesquite
Veterans’ Affairs & Memorial Advisory Board.
Mr. Tarpley moved to accept the resignation of Branden Gums as a member of
the Mesquite Veterans’ Affairs & Memorial Advisory Board. Motion was seconded
by Mr. Noschese and approved unanimously.
APPOINTMENTS TO BOARDS AND COMMISSIONS
24 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem for
one-year terms.
Mr. Noschese moved to appoint Bruce Archer as Mayor Pro Tem and Jeff Casper
as Deputy Mayor Pro Tem for one-year terms. Motion was seconded by Mr.
Aleman and approved unanimously.
25 Consider appointment of principal and alternate members to the Regional
Transportation Council for a term to expire June 30, 2018.
Mr. Archer moved to appoint Stan Pickett as the principal member of the
Regional Transportation Council and Greg Noschese as the alternate member for
terms to expire June 30, 2018. Motion was seconded by Mr. Casper and
approved unanimously.
26 Consider appointment of one member to the Mesquite Housing Finance
Corporation for a term to expire December 31, 2017.
Mr. Casper moved to appoint Dan Aleman to the Mesquite Housing Finance
Corporation for a term to expire December 31, 2017. Motion was seconded by Mr.
Archer and approved unanimously.
27 Consider appointment of one member to the Mesquite Health Facilities
Development Corporation for a term to expire December 31, 2017.
Mr. Archer moved to approve Dan Aleman to the Mesquite Health Facilities
Development Corporation for a term to expire December 31, 2017. Motion was
seconded by Mr. Noschese and approved unanimously.
28 Consider appointment of one member to the Rodeo City Tax Increment
Finance Reinvestment Zone No. One Board of Directors for a term to expire
December 31, 2016.
Mr. Archer moved to approve Dan Aleman to the Rodeo City Tax Increment
Finance Reinvestment Zone No. One Board of Directors for a term to expire
December 31, 2016. Motion was seconded by Mr. Noschese and approved
unanimously.
29 Consider appointment of one member to the Towne Centre Tax Increment
Finance Reinvestment Zone No. Two Board of Directors for a term to expire
December 31, 2016, and appointment of a Chairperson for an unexpired term
ending December 31, 2016.
Mr. Casper moved to appoint Dan Aleman to the Towne Centre Tax Increment
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City Council Minutes - Final June 6, 2016
Finance Reinvestment Zone No. Two Board of Directors for a term to expire
December 31, 2016, and to appoint Stan Pickett as Chairperson for an unexpired
term ending December 31, 2016. Motion was seconded by Mr. Noschese and
approved unanimously.
30 Consider appointment of one member to the Falcon’s Lair Tax Increment
Finance Reinvestment Zone No. Four Board of Directors for a term to expire
December 31, 2017.
Mr. Casper moved to appoint Dan Aleman to the Falcon’s Lair Tax Increment
Finance Reinvestment Zone No. Four Board of Directors for a term to expire
December 31, 2017. Motion was seconded by Mr. Archer and approved
unanimously.
31 Consider appointment of two members to the Ridge Ranch Tax Increment
Finance Reinvestment Zone No. Five Board of Directors for terms to expire
December 31, 2016.
Mr. Tarpley moved to appoint Dan Aleman to the Ridge Ranch Tax Increment
Finance Reinvestment Zone No. Five Board of Directors for terms to expire
December 31, 2016. Motion was seconded by Mr. Archer and approved
unanimously.
32 Consider appointment of one member to the Lucas Farms Tax Increment
Finance Reinvestment Zone No. Six Board of Directors for a term to expire
December 31, 2016.
Mr. Noschese moved to appoint Dan Aleman to the Lucas Farms Tax Increment
Finance Reinvestment Zone No. Six Board of Directors for a term to expire
December 31, 2016. Motion was seconded by Mr. Tarpley and approved
unanimously.
33 Consider appointment of one member to the Skyline Tax Increment Finance
Reinvestment Zone No. Seven Board of Directors for a term to expire
November 2, 2017.
Mr. Noschese moved to appoint Dan Aleman to the Skyline Tax Increment
Finance Reinvestment Zone No. Seven Board of Directors for a term to expire
November 2, 2017. Motion was seconded by Mr. Tarpley and approved
unanimously.
34 Consider appointment of one member to the Gus Thomasson Tax Increment
Finance Reinvestment Zone No. Eight Board of Directors for a term to expire
November 2, 2017.
Mr. Noschese moved to appoint Dan Aleman to the Gus Thomasson Tax
Increment Finance Reinvestment Zone No. Eight Board of Directors for a term to
expire November 2, 2017. Motion was seconded by Mr. Tarpley and approved
unanimously.
ADJOURNMENT
Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr.
Casper and approved unanimously. The meeting adjourned at 9:26 p.m.
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City Council Minutes - Final June 6, 2016
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 11
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, June 6, 2016 5:30 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 16-2181 Receive briefing regarding Program Year 2016 Community Development
Block Grant (CDBG) applications and budget.
Attachments: CDBG PY 2016-17 Funding Requests
CDBG PY 2016-17 Funding Requests Packet
2 16-2183 Discuss preliminary design schematic for Gus Thomasson Road from US
Highway 80 to Town East Boulevard.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:30 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
Dr. W. R. Willis, Pastor, Calvary Community Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of Girl Scout Troop 6756.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
City of Mesquite, Texas Page 1 Monday, June 6, 2016
City Council Meeting Agenda June 6, 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
3 16-2157 Presentation of Certificates of Election to Councilmembers Bruce Archer,
Place 3, Dan Aleman, Place 4, and Greg Noschese, Place 5.
4 16-2173 Recognize employees through the Real. Texas. Service. Champions
program.
5 16-2175 Recognize Small Business Week video participants.
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.)
6 16-2158 Minutes of the regular City Council meeting held May 16, 2016, and the
Special City Council meeting held May 18, 2016.
Attachments: 05.16.2016m
05.18.2016m
7 16-2160 An ordinance adopting Supplement No. 51 to the Code of Ordinances for
the City of Mesquite.
Attachments: Ordinance - Supplement
8 16-2153 An ordinance, on second and final reading, approving a negotiated
settlement between the Atmos Cities Steering Committee (“ACSC”) and
Atmos Energy Corporation, Mid-Tex Division (“Company”) regarding the
Company’s 2016 Rate Review Mechanism filings; declaring existing rates to
be unreasonable; adopting tariffs that reflect rate adjustments consistent
with the negotiated settlement; finding the rates to be set by the settlement
tariffs to be just and reasonable and in the public interest; requiring the
Company to reimburse ACSC’s reasonable ratemaking expenses;
determining that this ordinance was passed in accordance with the
requirements of the Texas Open Meetings Act; adopting a savings clause;
declaring an effective date; and requiring delivery of this ordinance to the
Company and the ACSC’s legal counsels.
Attachments: Ordinance - Atmos
9 16-2177 An ordinance providing for the abandonment of 20-foot wide utility
City of Mesquite, Texas Page 2 Monday, June 6, 2016
City Council Meeting Agenda June 6, 2016
easements located at the QuikTrip convenience store under construction at
1610 W. Scyene Road for the fair market value of $28,035.00.
Attachments: Ordinance - QT
Abandonment Request
Appraisal
10 16-2171 An ordinance amending Chapter 9 of the City Code concerning the location
of school zones for Range Elementary School along Town East Boulevard at
the intersection of Bamboo Street, effective August 22, 2016.
Attachments: Ordinance - Range
MISD Email
Location map
11 16-2170 An ordinance amending Chapter 10 of the City Code thereby updating
public places where smoking is prohibited.
Attachments: Ordinance - Smoking
12 16-2185 An ordinance amending Chapter 9 of the City Code by adding a new Article
XII thereby providing photographic enforcement and administrative
adjudication of school bus stop arm violations, effective July 1, 2016.
Attachments: Ordinance - Cameras on Buses
13 16-2192 A resolution authorizing the City Manager to finalize and execute an
interlocal agreement with Mesquite Independent School District to
administer and enforce the School Bus Safety Camera Enforcement
Program.
Attachments: Resolution - School Bus
14 16-2156 A resolution authorizing the City Manager to execute the Local Project
Advance Funding Agreement for a Transportation Alternatives Program
with the Texas Department of Transportation for the construction of a
12-foot wide hike and bike trail along Town East Boulevard from Military
Parkway to Skyline Drive.
Attachments: Resolution - LPAFA
Location Exhibit
15 16-2159 A resolution designating Senior Assistant City Attorney Ileana Fernandez to
serve as Public Information Coordinator for the City of Mesquite.
Attachments: Resolution - Public Information Coordinator
Resolution No. 2005-42
16 16-2187 Bid No. 2016-070 - Annual Supply of Emergency Medical Drugs.
(Staff recommends award to Bound Tree Medical, LLC, in the amount of
$54,932.05.)
City of Mesquite, Texas Page 3 Monday, June 6, 2016
City Council Meeting Agenda June 6, 2016
Attachments: Bid Tabulation 2016-070
17 16-2172 Bid No. 2016-075 - Installation of New Cameras at the City Service Center.
(Authorize the City Manager to finalize and execute the necessary
documents with Convergint Technologies through Texas Department of
Information Resources [DIR] Contract No. DIR-SDD-1724 in the amount of
$79,139.09.)
Attachments: Proposal
18 16-2164 Authorize the City Manager to execute a Memorandum of Understanding
with STAR Transit, the Regional Transportation Council and the North
Central Texas Council of Governments concerning purchase of transit
service for seniors and individuals with disabilities.
19 16-2165 Authorize the City Manager to execute a change order to Bid No.
E2016-001, South Mesquite Creek Sanitary Sewer 48-inch Trunk Main
Rehabilitation by Cure-In-Place Pipe (CIPP), Phase 1 (Beginning at the
Waste Water Treatment Plant to approximately 1,600 feet south of Lawson
Road) with Insituform Technologies, LLC, for additional cleaning and
rehabilitation to facilitate flow monitoring in the amount of $67,662.50 and
adding 45 calendar days to the project contract time.
Attachments: Contract Change Order
20 16-2178 Approve the sale of two parcels (Parcel 2 and Parcel 2E) of City-owned
property to the Texas Department of Transportation in the amount of
$10,162.00 for right-of-way and drainage easements in conjunction with
the construction and reconstruction of the service roads on Interstate
Highway 635 and US Highway 80 and authorize the City Manager to finalize
and execute the necessary documents.
Attachments: Final Offer Letter
Appraisals Report
Location Maps
TxDOT Project Location Map
21 16-2169 Adopt a new Equal Employment Opportunity Non-Discrimination Policy
Statement.
Attachments: EEO Policy Statement
PUBLIC HEARING
22 16-2193 Conduct a public hearing and consider a request from McIntyre Wrecking
Service to substitute a wood screening wall for the required masonry
screening wall on property located at 4515 East US Highway 80.
(This item was postponed at the May 16, 2016, City Council meeting.)
Attachments: Staff memo - McIntyre
McIntyre request April 2016
City of Mesquite, Texas Page 4 Monday, June 6, 2016
City Council Meeting Agenda June 6, 2016
RECEIPT OF RESIGNATION
23 16-2174 Receive resignation from Branden Gums as a member of the Mesquite
Veterans’ Affairs & Memorial Advisory Board.
Attachments: Resignation Letter - Branden Gums
APPOINTMENTS TO BOARDS AND COMMISSIONS
24 16-2152 Consider appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem for
one-year terms.
Attachments: History of Mayor Pro Tem & Deputy Mayor Pro Tem
25 16-2163 Consider appointment of principal and alternate members to the Regional
Transportation Council for a term to expire June 30, 2018.
Attachments: Letter
26 16-2166 Consider appointment of one member to the Mesquite Housing Finance
Corporation for a term to expire December 31, 2017.
27 16-2167 Consider appointment of one member to the Mesquite Health Facilities
Development Corporation for a term to expire December 31, 2017.
28 16-2182 Consider appointment of one member to the Rodeo City Tax Increment
Finance Reinvestment Zone No. One Board of Directors for a term to expire
December 31, 2016.
29 16-2184 Consider appointment of one member to the Towne Centre Tax Increment
Finance Reinvestment Zone No. Two Board of Directors for a term to expire
December 31, 2016, and appointment of a Chairperson for an unexpired
term ending December 31, 2016.
30 16-2188 Consider appointment of one member to the Falcon’s Lair Tax Increment
Finance Reinvestment Zone No. Four Board of Directors for a term to
expire December 31, 2017.
31 16-2189 Consider appointment of two members to the Ridge Ranch Tax Increment
Finance Reinvestment Zone No. Five Board of Directors for terms to expire
December 31, 2016.
32 16-2186 Consider appointment of one member to the Lucas Farms Tax Increment
Finance Reinvestment Zone No. Six Board of Directors for a term to expire
December 31, 2016.
33 16-2195 Consider appointment of one member to the Skyline Tax Increment
Finance Reinvestment Zone No. Seven Board of Directors for a term to
expire November 2, 2017.
34 16-2194 Consider appointment of one member to the Gus Thomasson Tax
Increment Finance Reinvestment Zone No. Eight Board of Directors for a
term to expire November 2, 2017.
City of Mesquite, Texas Page 5 Monday, June 6, 2016
City Council Meeting Agenda June 6, 2016
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. 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
5. Andrea Perez Simpson v. City of Mesquite; PM Construction and Rehab, LLC; Inland Pipe Rehabilitation,
LLC; PM Construction-Texas – Filed 9-21-15
6. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15
7. 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
8. Travis Tryon v. City of Mesquite – Filed 2-25-16
City of Mesquite, Texas Page 6 Monday, June 6, 2016
City Council Meeting Agenda June 6, 2016
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.
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 7 Monday, June 6, 2016
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