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City Council

Regular Meeting

Mesquite, TX · August 1, 2016

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City of Mesquite, Texas Minutes - Final City Council Monday, August 1, 2016 4:00 PM City Hall | Council Chamber 757 N. Galloway | Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Bruce Archer, Jeff Casper, Bill Porter, Dan Aleman, Greg Noschese and Dennis Tarpley, City Manager Cliff Keheley and City Secretary Sonja Land. PRE-MEETING - TRAINING ROOMS A&B - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding a draft service plan for the proposed annexation of approximately 180 acres in the extraterritorial jurisdiction. 2 Receive proposed 2016-17 budget presentations including Parks and Recreation, Planning and Development Services, Human Resources, Housing and Community Services, Public Works, Fire Service and Police Service. Received presentations from Parks and Recreation, Planning and Development Services, Human Resources, Housing and Community Services, Public Works and Fire Service CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 3 Receive financial statement for period covering October 1, 2015, through June 30, 2016. Debbie Mol, Director of Finance, presented the financial statement for period covering October 1, 2015, through June 30, 2016. The work session ended at 6:46 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION David Burris. PLEDGE OF ALLEGIANCE Participants from the Mesquite Police Youth Camp. City of Mesquite, Texas Page 1 City Council Minutes - Final August 1, 2016 SPECIAL ANNOUNCEMENTS (1) Mayor Pickett recognized four members of the Mesquite Marlins swim team – Jack Nolan, Noah Stucky, Nicholas Cordero and Gabriel Cordero. These swimmers won medals in their respective events at the Texas Amateur Athletic Federation (T.A.A.F.) Regional Meet held in Frisco, Texas, on July 16, 2016, and went on to represent Mesquite in the T.A.A.F. Summer Games of Texas held in McAllen, Texas, this past weekend. (2) Mr. Casper stated that he presented a proclamation to Zachary Ryan Shaw this past weekend for earning the rank of Eagle Scout and congratulated him on this accomplishment. (3) Mr. Casper thanked residents for attending and participating in the recent Shands neighborhood meeting. (4) Mr. Archer reminded residents that the City has many volunteer opportunities available for individuals, churches and organizations to help in our community. (5) Mr. Tarpley stated that one way to volunteer is by participating in the upcoming Addressing Mesquite Day which takes place on Saturday, October 8, 2016. Volunteers are requested to register as soon as possible for this event. (6) Mr. Aleman stated that last Thursday’s “Get To Know Your Councilmember” meeting was a success and thanked Mr. Noschese, Mayor Pickett and Jireh’s Tabernacle Worship Center for their support. (7) Mr. Aleman invited residents to attend an upcoming Creek Crossing neighborhood meeting on Tuesday, August 9, 2016, at 7:00 p.m., at The Crossing Baptist Church, 1060 Clay Mathis Road. (8) Mr. Aleman stated that plans are being made to conduct Spanish speaking neighborhood meetings in the future. (9) Mayor Pickett invited residents to attend the City Council Budget Workshop on August 5-6, 2016, at City Hall, Training Rooms A&B. CITIZENS FORUM (1) Rhonda Steward, 1426 Sandalwood, inquired about a possible upgrade to the City’s public transportation service. CONSENT AGENDA Approval of the Consent Agenda Mr. Archer moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 4 Minutes of the regular City Council meeting held July 18, 2016. Approved on the Consent Agenda. 5 An ordinance amending Chapter 9 of the City Code by deleting Section 9-247(B) in its entirety and adding a new Section 9-247(B) thereby revising the list of bridges with load limits. Approved on the Consent Agenda. Ordinance No. 4436, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTION 9-247(b) IN ITS ENTIRETY AND ADDING A NEW SECTION 9-247(b) THEREBY REVISING THE LIST OF BRIDGES WITH LOAD City of Mesquite, Texas Page 2 City Council Minutes - Final August 1, 2016 LIMITS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE. (Ordinance No. 4436 recorded on page of Ordinance Book No. 107.) 6 A resolution establishing dates, times and places for public hearings on the proposed annexation of approximately 180 acres in the extraterritorial jurisdiction. Approved on the Consent Agenda. Resolution No. 35-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SETTING DATES, TIMES AND PLACES FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF MESQUITE, TEXAS; AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. (Resolution No. 35-2016 recorded on page of Resolution Book No. 50.) 7 A resolution authorizing the City Manager to enter into an agreement with Dallas County for aerial spraying of chemicals to combat the spread of West Nile Virus. Approved on the Consent Agenda. Resolution No. 36-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DALLAS COUNTY FOR AERIAL SPRAYING OF CHEMICALS TO COMBAT THE SPREAD OF WEST NILE VIRUS BY ORDER OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS. (Resolution No. 36-2016 recorded on page of Resolution Book No. 50.) 8 Bid No. E2016-006 - Utility Relocation for CSJ 2374-02-126 Interstate Highway 635 Northbound Frontage Road from South of Gross Road to US Highway 80 Eastbound Frontage Road Project. (Authorize the City Manager to finalize and execute a contract with low bidder Canary Construction, Inc., in the amount of $101,205.00.) Approved on the Consent Agenda. 9 Bid No. 2016-089 - Fiber Optic Link for P25 Project at the Service Center. (Staff recommends award to Future Telecom, Inc., through an Interlocal Cooperative-Purchasing Agreement with Mesquite Independent School District, in the amount of $74,641.50.) Approved on the Consent Agenda. 10 Bid No. 2016-091 - Purchase of 2017 Brush Truck. (Staff recommends award to Metro Fire Apparatus Specialists, Inc., represented by Chastang Ford through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program Contract No. FS12-15, in the amount of $134,000.00.) Approved on the Consent Agenda. City of Mesquite, Texas Page 3 City Council Minutes - Final August 1, 2016 11 Bid No. 2016-095 - Annual Local and Long Distance Services. (Staff recommends award to AT&T Corp. through DIR Contract No. DIR-TEX-AN-CTSA 005 in the amount of $423,175.00.) Approved on the Consent Agenda. 12 Bid No. 2016-097 - Mobile Data and Voice Service. (Staff recommends award to AT&T Corp. for voice and data plans through the Department of Information Resources (DIR) Contract No. DIR-TSO-3420 in an amount not to exceed $145,000.00.) Approved on the Consent Agenda. 13 Authorize the City Manager to execute a professional engineering services contract with Huitt-Zollars, Inc., for the engineering study of an existing section of the sanitary sewer system and to prepare construction documents for the lining of two segments of reinforced concrete pipe sanitary sewer trunk mains in the amount of $140,800.00. Approved on the Consent Agenda. 14 Authorize the City Manager to execute a contract amendment with Kimley -Horn and Associates, Inc., for additional services associated with the design, contract administration and on-site inspection of interior structural repairs, interior painting and long-term maintenance for the Big Town Elevated Water Reservoir in the amount of $136,000.00. Approved on the Consent Agenda. END OF CONSENT AGENDA PUBLIC HEARINGS 15 Conduct a public hearing to receive citizen input on the proposed 2016-17 budget. A public hearing was held to receive citizen input on the proposed 2016-17 budget. Mayor Pickett stated that the City Council Budget Workshop will be held August 5-6, 2016, at City Hall, Training Rooms A&B. The public is invited to attend. No one appeared regarding the proposed 2016-17 budget. Mayor Pickett declared the public hearing closed. 16 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 agreement) to promote local economic development and stimulate business and commercial activity in the City and authorizing the City Manager to finalize and execute an agreement for such purposes with United Parcel Service, Inc., and BT-OH, LLC, regarding the expansion and modernization of the company’s business at 4200 Samuell Boulevard, Mesquite, Texas. City of Mesquite, Texas Page 4 City Council Minutes - Final August 1, 2016 A public hearing was held to consider a Chapter 380 agreement with United Parcel Service, Inc., and BT-OH, LLC, regarding the expansion and modernization of the company’s business at 4200 Samuell Boulevard, Mesquite, Texas. Tom Palmer, Manager of Economic Development, stated that United Parcel Service (UPS) began operation in Mesquite in the early 1980s and is a major employer in Mesquite with approximately 2,500 employees at peak holiday season. The terms of the agreement include a minimum of $87 million capital investment by adding approximately 350,000-square-feet of new buildings and upgrading and purchasing modernized equipment. UPS will retain the workforce necessary to continue current operations and add jobs over a 10-year period. Tony Schum, Duff & Phelps, stated that UPS will determine how this project will be financially viable with offers from other locations across the region. The proposed agreement allows for the opportunity to manage a traditional investment or a much higher level of automated investment which still results in job creation for full-time, part-time and managerial positions. Shane Simpson, UPS, stated that all jobs are union jobs and offer benefits. UPS believes that the employees are their greatest resource and they invest time and training into each employee. Mr. Simpson shared that he began with UPS out of college and has been with the company for 12 years. Michael Lateur, Duff & Phelps, stated that UPS is the first company to reach $1 billion in United Way donations and that their employees in 2014 completed 1.9 million hours of community service. Marvin Haar, 1317 Mulberry, requested the number of jobs the expansion will create. Mr. Simpson stated that UPS is committed to adding 180 jobs, 92 full-time and 88 part-time positions. No others appeared regarding the proposed Chapter 380 agreement. Mayor Pickett declared the public hearing closed. Councilmembers expressed appreciation to the applicant and support for the agreement. Mr. Tarpley moved to approve Resolution No. 37-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT FOR SUCH PURPOSES WITH UNITED PARCEL SERVICE, INC. AND BT-OH, LLC (COLLECTIVELY THE “COMPANY”) REGARDING THE EXPANSION AND MODERNIZATION OF THE COMPANY’S BUSINESS AT 4200 SAMUELL BOULEVARD, MESQUITE, TEXAS. Motion was seconded by Mr. Porter and approved unanimously. (Resolution No. 37-2016 recorded on page of Resolution Book No. 50.) City of Mesquite, Texas Page 5 City Council Minutes - Final August 1, 2016 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:30 P.M. Mayor Pickett announced that the City Council would meet 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 prospect seeking to locate near the Mesquite Metro Airport); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:02 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Archer moved to adjourn the meeting. Motion was seconded by Mr. Casper and approved unanimously. The meeting adjourned at 8:03 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 6

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, August 1, 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 16-2272 Receive briefing regarding a draft service plan for the proposed annexation of approximately 180 acres in the extraterritorial jurisdiction. Attachments: Service Plan Draft 07-25-2016 2 16-2267 Receive proposed 2016-17 budget presentations including Parks and Recreation, Planning and Development Services, Human Resources, Housing and Community Services, Public Works, Fire Service and Police Service. Attachments: Parks & Recreation Executive Summary Planning Dev Services Executive Summary Human Resources Executive Summary Housing and Community Services Executive Summary Public Works Executive Summary Fire Executive Summary Police Service Executive Summary 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 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. 3 16-2268 Receive financial statement for period covering October 1, 2015, through June 30, 2016. City of Mesquite, Texas Page 1 Monday, August 1, 2016 City Council Meeting Agenda August 1, 2016 Attachments: June 30, 2016 Financial Statements June 30, 2016 Financial Statement Overview REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Nathaniel Rainey, Apostle, Jireh's Tabernacle Worship Center, Mesquite, Texas. PLEDGE OF ALLEGIANCE Participants from the Mesquite Police Youth Camp. 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.) 4 16-2265 Minutes of the regular City Council meeting held July 18, 2016. Attachments: 07.18.2016m 5 16-2261 An ordinance amending Chapter 9 of the City Code by deleting Section 9-247(B) in its entirety and adding a new Section 9-247(B) thereby revising the list of bridges with load limits. Attachments: Location Map Ordinance - Bridges 6 16-2271 A resolution establishing dates, times and places for public hearings on the proposed annexation of approximately 180 acres in the extraterritorial jurisdiction. Attachments: Resolution - PH for Annexation 7 16-2273 A resolution authorizing the City Manager to enter into an agreement with Dallas County for aerial spraying of chemicals to combat the spread of West Nile Virus. City of Mesquite, Texas Page 2 Monday, August 1, 2016 City Council Meeting Agenda August 1, 2016 Attachments: Resolution - WNV 8 16-2254 Bid No. E2016-006 - Utility Relocation for CSJ 2374-02-126 Interstate Highway 635 Northbound Frontage Road from South of Gross Road to US Highway 80 Eastbound Frontage Road Project. (Authorize the City Manager to finalize and execute a contract with low bidder Canary Construction, Inc., in the amount of $101,205.00.) Attachments: Bid Tabulation E2016-006 Bid Tabulation - Engineering 9 16-2212 Bid No. 2016-089 - Fiber Optic Link for P25 Project at the Service Center. (Staff recommends award to Future Telecom, Inc., through an Interlocal Cooperative-Purchasing Agreement with Mesquite Independent School District, in the amount of $74,641.50.) Attachments: Future Telecom Estimate Fiber map 10 16-2262 Bid No. 2016-091 - Purchase of 2017 Brush Truck. (Staff recommends award to Metro Fire Apparatus Specialists, Inc., represented by Chastang Ford through the Houston-Galveston Area Council of Governments Cooperative Purchasing Program Contract No. FS12-15, in the amount of $134,000.00.) Attachments: HGAC Pricing Worksheet 11 16-2264 Bid No. 2016-095 - Annual Local and Long Distance Services. (Staff recommends award to AT&T Corp. through DIR Contract No. DIR-TEX-AN-CTSA 005 in the amount of $423,175.00.) 12 16-2032 Bid No. 2016-097 - Mobile Data and Voice Service. (Staff recommends award to AT&T Corp. for voice and data plans through the Department of Information Resources (DIR) Contract No. DIR-TSO-3420 in an amount not to exceed $145,000.00.) 13 16-2260 Authorize the City Manager to execute a professional engineering services contract with Huitt-Zollars, Inc., for the engineering study of an existing section of the sanitary sewer system and to prepare construction documents for the lining of two segments of reinforced concrete pipe sanitary sewer trunk mains in the amount of $140,800.00. Attachments: Location Map 14 16-2269 Authorize the City Manager to execute a contract amendment with Kimley-Horn and Associates, Inc., for additional services associated with the design, contract administration and on-site inspection of interior structural repairs, interior painting and long-term maintenance for the Big Town Elevated Water Reservoir in the amount of $136,000.00. Attachments: Contract Amendment City of Mesquite, Texas Page 3 Monday, August 1, 2016 City Council Meeting Agenda August 1, 2016 PUBLIC HEARINGS 15 16-2266 Conduct a public hearing to receive citizen input on the proposed 2016-17 budget. 16 16-2251 Conduct a public hearing and consider a resolution approving the terms and conditions of a program (Chapter 380 agreement) to promote local economic development and stimulate business and commercial activity in the City and authorizing the City Manager to finalize and execute an agreement for such purposes with United Parcel Service, Inc., and BT-OH, LLC, regarding the expansion and modernization of the company’s business at 4200 Samuell Boulevard, Mesquite, Texas. Attachments: Resolution - UPS Agreement Executive Summary 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. Kathleen Parvin v. The City of Mesquite – Filed 1-26-15 2. 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 3. 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 4. Andrea Perez Simpson v. City of Mesquite; PM Construction and Rehab, LLC; Inland Pipe Rehabilitation, LLC; PM Construction-Texas – Filed 9-21-15 5. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15 6. 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 7. Travis Tryon v. City of Mesquite – Filed 2-25-16 8. Robert L. Gould v. City of Mesquite - Filed 6-24-16 City of Mesquite, Texas Page 4 Monday, August 1, 2016 City Council Meeting Agenda August 1, 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. 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 16-2276 Discuss economic development incentives for a business prospect seeking to locate near the Mesquite Metro Airport. 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 5 Monday, August 1, 2016

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