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City Council

Regular Meeting

Mesquite, TX · August 15, 2016

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Minutes

City of Mesquite, Texas Minutes - Final City Council Monday, August 15, 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 from Fred Hill regarding the 85th Legislative Session. 2 Receive briefing regarding public transportation and discuss the key points of a proposed Interlocal Cooperative Agreement (ICA) between the City of Mesquite and STAR Transit for Demand Responsive Transportation service. 3 Discuss proposed Fiscal Year 2016-2017 Budget. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:30 P.M. The City Council met in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Discuss proposed land acquisition for School/Park Site in South Mesquite Area and Discuss proposed property exchanges with Mesquite Independent School District); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 6:51 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:03 P.M. INVOCATION Aaron Escamilla, Lead Pastor, New Community Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Volunteers and Staff from Sharing Life Community Outreach and Mesquite Social Services. City of Mesquite, Texas Page 1 City Council Minutes - Final August 15, 2016 SPECIAL ANNOUNCEMENTS (1) Mr. Aleman stated that he recently attended his first block party and encouraged citizens to socialize with their neighbors on a regular basis. (2) Mr. Aleman announced that a Rutherford neighborhood crime watch meeting will be held next Thursday, August 25, 2016, at 7:00 p.m. at Rutherford Senior Center and invited residents in the area to attend. (3) Mr. Archer thanked all who participated in picking up trash in the Skyline neighborhood this past Saturday. (4) Mr. Archer announced that the first Paschall Park/City Lake neighborhood crime watch meeting will be held this Thursday, August 18, 2016, at 7:00 p.m. and invited residents in the area to attend. (5) Mr. Casper stated that the school year begins next Monday, August 22, 2016, and encouraged citizens to support the City’s youth and teachers by getting involved in school activities. (6) Mr. Porter stated that the Mesquite Independent School District is fully staffed with teachers this year and looks forward to an eventful school year. CITIZENS FORUM (1) Dawn Patterson, 1609 Vicksburg, expressed support for future enhancements to the downtown square. (2) Barry Walker, 2813 Bamboo, and Marvin Haar, 1317 Mulberry Lane, expressed concerns regarding street and sidewalk conditions. (3) John Huth, 1817 Island View, expressed support for more police presence in school zones. PRESENTATIONS 4 Receive Spread the Love campaign results. Wayne Larson, Manager of Communications and Marketing, stated that with the assistance of Mesquite Social Services, Sharing Life Community Outreach and Mesquite Parks and Recreation, the “Spread the Love” campaign was developed to garner donations of peanut butter and jelly to provide meals for Mesquite children during the summer months. Mesquite citizens, City staff, Mesquite Police Department, Mesquite Fire Department, civic clubs and non-profit organizations helped create and sustain the campaign. Jeff Armstrong, Chairman of the Board of Directors for Mesquite Social Services, introduced Amanda Langford, Interim Executive Director, and expressed appreciation to the community for their support in donating peanut butter and jelly and to the City Council for their support in the program. Teresa Jackson, Executive Director of Sharing Life Community Outreach, expressed appreciation to the City Council as well as Councilmember Greg Noschese for his assistance in publicizing the “Spread the Love” campaign. Ms. Jackson stated that over 2,400 jars of peanut butter and jelly were collected, which resulted in over 20,000 sandwiches for the children in Mesquite. Mayor Pickett expressed appreciation to the citizens and businesses of Mesquite for their support in the “Spread the Love” campaign. City of Mesquite, Texas Page 2 City Council Minutes - Final August 15, 2016 CONSENT AGENDA Approval of the Consent Agenda Mr. Tarpley moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved unanimously. 5 Minutes of the regular City Council meeting held August 1, 2016. Approved on the Consent Agenda. 6 A resolution authorizing the sale of tax-foreclosed properties located at 312 and 316 West College Street to Gertrude Johanna Shields for a combined purchase price of $32,160.00 plus closing costs and post-judgment taxes, ratifying and approving the execution by the City Manager of a contract for the sale of such properties and authorizing the City Manager to execute all other documents necessary or requested to consummate the closing and sale of such properties. Approved on the Consent Agenda. Resolution No. 38-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE SALE OF TAXFORECLOSED PROPERTIES LOCATED AT 312 AND 316 WEST COLLEGE STREET, MESQUITE, TEXAS 75149, TO GERTRUDE JOHANNA SHIELDS FOR A COMBINED PURCHASE PRICE OF $32,160.00 PLUS CLOSING COSTS AND POST-JUDGMENT TAXES; RATIFYING AND APPROVING THE EXECUTION BY THE CITY MANAGER OF A CONTRACT FOR THE SALE OF SUCH PROPERTIES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY OR REQUESTED TO CONSUMMATE THE CLOSING AND SALE OF SUCH PROPERTIES. (Resolution No. 38-2016 recorded on page of Resolution Book No. 50.) 7 RFP No. 2016-086 - Annual Contract for EMS Billing Services. (Authorize the City Manager to finalize and execute an agreement with Digitech Computer, Inc.) Approved on the Consent Agenda. 8 Authorize the City Manager to execute a professional engineering services contract with Kimley-Horn and Associates, Inc., for engineering services in connection with the analysis of water supply for properties located in the city limits and extraterritorial jurisdiction (ETJ) of the City of Mesquite along IH-20 in Kaufman County for an amount not to exceed $95,500.00. Approved on the Consent Agenda. 9 Authorize the City Manager to execute an Interlocal Cooperation Contract with Texas State University for the purpose of conducting controlled buy /stings of permitted tobacco retailers to determine compliance with Texas Health and Safety Code §161.082. Approved on the Consent Agenda. City of Mesquite, Texas Page 3 City Council Minutes - Final August 15, 2016 10 Authorize the City Manager to execute a State and Local Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration, Dallas Field Division for Task Force 1 activities. Approved on the Consent Agenda. 11 Authorize the City Manager to execute a Memorandum of Understanding with the Dallas Field Division of the Drug Enforcement Agency regarding equitable sharing through the United States Department of Justice Equitable Sharing Program. Approved on the Consent Agenda. 12 Receive the January 2016 semiannual report for roadway impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Approved on the Consent Agenda. 13 Receive the July 2016 semiannual report for roadway, water and sewer impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Approved on the Consent Agenda. END OF CONSENT AGENDA PUBLIC HEARING 14 Conduct a public hearing and consider a request from Code 3 Emergency Partners to substitute an eight-foot cedar board-on-board fence for the required masonry screening wall on property located at 1080 East Cartwright Road. (No responses in favor or in opposition to the request have been received from adjacent residential property owners.) Rudy De Moor, representing the applicant, stated that an 8,000-square-foot medical office building with an emergency room and urgent care clinic is being constructed. Dallas Water Utilities (DWU) owns a 50-foot easement that houses a 90-inch water line along the southern portion of the property. DWU denied approval for a masonry screening wall along the easement. After meeting with City staff, a tubular steel fence with a vegetative screen was submitted to the City Council on June 20, 2016, as a variance for the required masonry screening wall and was denied. Mr. De Moor met with the residents and presented a proposal of a board-on-board cedar fence. One of the residents recommended a composite fencing system which has a 10-year warranty and withstands winds up to 120 miles per hour. Steven Swaim, 1621 Lemonwood Circle, expressed concern regarding the amount of space between the proposed screening fence and his property line; however, Mr. Swaim supported the proposed composite fencing system. No others appeared regarding the proposed variance request. Mayor Pickett declared the public hearing closed. Gary McCullough, representing the applicant, stated that the location of the City of Mesquite, Texas Page 4 City Council Minutes - Final August 15, 2016 screening fence is not an issue and can be located up to 25 feet off of the property line; however, it could create a nuisance in the area and would not be illuminated. The proposed composite fence does not exceed the weight limit allowed by DWU for placement on top of the water line. Councilmembers expressed concern regarding the lack of information provided on the proposed composite fencing system and requested City staff be given the opportunity to research the materials for durability. Mr. Noschese moved to postpone a request from Code 3 Emergency Partners to substitute an eight-foot cedar board-on-board fence for the required masonry screening wall on property located at 1080 East Cartwright Road until the Tuesday, September 6, 2016, City Council meeting. Motion was seconded by Mr. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Noschese, Casper, Pickett, Porter, Aleman, Tarpley Nayes: Archer Motion carried. OTHER BUSINESS 15 Consider calling public hearings for September 6, 2016, and September 19, 2016, to consider setting the ad valorem tax rate for the fiscal year 2016-17. Mayor Pickett stated that State law requires the City publish special notices and conduct two public hearings before adoption of the tax rate if the tax rate exceeds the effective tax rate. The effective tax rate is defined as the tax rate that would produce the same amount of property tax revenue as last year using the same properties. The City’s effective tax rate in Mesquite is $0.58251 per $100 of valuation. Any tax rate that exceeds the effective tax rate is considered a tax increase. Based on the overwhelming vote by citizens in the November 2015 Street Bond election, this year there is an increase in the tax rate. The City Council is proposing a tax rate of $0.687 cents per $100 of valuation. The two public hearings required to be held are scheduled for Tuesday, September 6, 2016, and Monday, September 19, 2016. Mr. Archer made the following motion, “I, Bruce Archer, move that property taxes be increased by the adoption of a tax rate of $0.687 cents per $100 of valuation. The public hearings to consider this rate will be held on September 6, 2016, at 7:00 p.m. and September 19, 2016, at 7:00 p.m.” Motion was seconded by Mr. Porter and approved unanimously. RECEIPT OF RESIGNATION 16 Receive resignation from Beth Gaddis as a member of the Historic Mesquite, Inc., Board of Directors. Mr. Archer moved to accept the resignation of Beth Gaddis as a member of the Historic Mesquite, Inc., Board of Directors. Motion was seconded by Mr. Casper and approved unanimously. City of Mesquite, Texas Page 5 City Council Minutes - Final August 15, 2016 APPOINTMENT TO BOARDS AND COMMISSIONS 17 Consider appointment of one member to the Historic Mesquite, Inc ., Board of Directors, representing Place 1, for a term to expire December 31, 2017. Mr. Casper moved to appoint Teia Collier as a member to the Historic Mesquite, Inc., Board of Directors, representing Place 1, for a term to expire December 31, 2017. Motion was seconded by Mr. Aleman and approved unanimously. ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Archer and approved unanimously. The meeting adjourned at 7:52 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 15, 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 16-2277 Receive briefing from Fred Hill regarding the 85th Legislative Session. 2 16-2285 Receive briefing regarding public transportation and discuss the key points of a proposed Interlocal Cooperative Agreement (ICA) between the City of Mesquite and STAR Transit for Demand Responsive Transportation service. 3 16-2294 Discuss proposed Fiscal Year 2016-2017 Budget. 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 Aaron Escamilla, Lead Pastor, New Community Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Volunteers and Staff from Sharing Life Community Outreach and Mesquite Social Services. City of Mesquite, Texas Page 1 Monday, August 15, 2016 City Council Meeting Agenda August 15, 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. PRESENTATIONS 4 16-2259 Receive Spread the Love campaign results. 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 16-2275 Minutes of the regular City Council meeting held August 1, 2016. Attachments: 08.01.2016m 6 16-2282 A resolution authorizing the sale of tax-foreclosed properties located at 312 and 316 West College Street to Gertrude Johanna Shields for a combined purchase price of $32,160.00 plus closing costs and post-judgment taxes, ratifying and approving the execution by the City Manager of a contract for the sale of such properties and authorizing the City Manager to execute all other documents necessary or requested to consummate the closing and sale of such properties. Attachments: Resolution - College Street Sheriff's Deed 7 16-2287 RFP No. 2016-086 - Annual Contract for EMS Billing Services. (Authorize the City Manager to finalize and execute an agreement with Digitech Computer, Inc.) 8 16-2288 Authorize the City Manager to execute a professional engineering services contract with Kimley-Horn and Associates, Inc., for engineering services in connection with the analysis of water supply for properties located in the city limits and extraterritorial jurisdiction (ETJ) of the City of Mesquite along IH-20 in Kaufman County for an amount not to exceed $95,500.00. 9 16-2279 Authorize the City Manager to execute an Interlocal Cooperation Contract with Texas State University for the purpose of conducting controlled buy/stings of permitted tobacco retailers to determine compliance with City of Mesquite, Texas Page 2 Monday, August 15, 2016 City Council Meeting Agenda August 15, 2016 Texas Health and Safety Code §161.082. 10 16-2280 Authorize the City Manager to execute a State and Local Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration, Dallas Field Division for Task Force 1 activities. Attachments: Executive Summary - DEA Task Force Agreement 11 16-2281 Authorize the City Manager to execute a Memorandum of Understanding with the Dallas Field Division of the Drug Enforcement Agency regarding equitable sharing through the United States Department of Justice Equitable Sharing Program. Attachments: Executive Summary - DEA Asset Forfeiture Sharing Agreement 12 16-2290 Receive the January 2016 semiannual report for roadway impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Attachments: January 2016 report 13 16-2291 Receive the July 2016 semiannual report for roadway, water and sewer impact fees from the Capital Improvements Advisory Committee in accordance with Section 395.058(c)(4) of the Texas Local Government Code. Attachments: July 2016 report PUBLIC HEARING 14 16-2292 Conduct a public hearing and consider a request from Code 3 Emergency Partners to substitute an eight-foot cedar board-on-board fence for the required masonry screening wall on property located at 1080 East Cartwright Road. (No responses in favor or in opposition to the request have been received from adjacent residential property owners.) Attachments: Code 3 - Screening Request Revised Fence Screen - Code 3 OTHER BUSINESS 15 16-2270 Consider calling public hearings for September 6, 2016, and September 19, 2016, to consider setting the ad valorem tax rate for the fiscal year 2016-17. RECEIPT OF RESIGNATION 16 16-2274 Receive resignation from Beth Gaddis as a member of the Historic Mesquite, Inc., Board of Directors. Attachments: Resignation - Beth Gaddis City of Mesquite, Texas Page 3 Monday, August 15, 2016 City Council Meeting Agenda August 15, 2016 APPOINTMENT TO BOARDS AND COMMISSIONS 17 16-2293 Consider appointment of one member to the Historic Mesquite, Inc., Board of Directors, representing Place 1, for a term to expire December 31, 2017. Attachments: Personal Data Form - Collier 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 Real Property Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to consider the purchase, exchange, lease or value of real property. The following subjects may be discussed: 18 16-2289 Discuss proposed land acquisition for School/Park Site in South Mesquite Area. City of Mesquite, Texas Page 4 Monday, August 15, 2016 City Council Meeting Agenda August 15, 2016 19 16-2295 Discuss proposed property exchanges with Mesquite Independent School District. 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 5 Monday, August 15, 2016

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