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City Council

Regular Meeting

Mesquite, TX · September 19, 2016

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City of Mesquite, Texas Minutes - Final City Council Monday, September 19, 2016 5:30 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 - 5:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding proposed change to the marketing partnership, including use of billboards and joint public relations efforts, with Mesquite Independent School District. Council concurred with the City/Mesquite Independent School District marketing partnership as presented by staff. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:37 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 financial assistance for business prospects considering sites within the Skyline Tax Increment Finance Reinvestment Zone No. Seven); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 7:00 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 Councilmember Dan Aleman. PLEDGE OF ALLEGIANCE Members of St. Mark's United Methodist Church Youth Group. City of Mesquite, Texas Page 1 City Council Minutes - Final September 19, 2016 SPECIAL ANNOUNCEMENTS (1) Mr. Noschese announced that the 2016 BB&T Amazing Technicolor 5K Run, benefiting the Mesquite Independent School District (MISD) Education Foundation, Inc., and the Mesquite Education Association (MEA) will take place on Saturday, October 22, 2016, at 8:00 a.m., at the Mesquite Convention Center. He encouraged citizens of all ages to participate in this colorful event. (2) Mr. Noschese stated that Beneful brand dog food, in cooperation with Wal -Mart, is sponsoring a contest for communities with dog parks. The City of Mesquite’s “Leash Free Zone”, located at 2724 N. Town East Blvd., is one of seven dog parks across the United States competing for a chance to win a prize package worth $30,000 to be used for enhancements to the park. He encouraged everyone to go to the City’s website and vote. Voting ends on November 1, 2016, and everyone can vote once per day. (3) Mr. Noschese encouraged residents to make plans to enjoy “Sounds in the Square”, a new free concert series in Heritage Square. Backhand Sally will perform on September 24, 2016, Josh Knight on October 22, 2016, and Davis & Rose on November 12, 2016, from 4:00 p.m. to 5:30 p.m. (4) Mr. Aleman invited interested residents to attend a neighborhood meeting on Thursday, September 29, 2016, at 7:00 p.m. at the North Texas Regional Training Center of the Texas A&M University’s Engineering Extension Service (TEEX) located at 15515 I-20 at Lumley Road. Manager of Economic Development Tom Palmer will present information regarding future plans for the I -20 corridor. (5) Mr. Archer stated he will begin a neighborhood improvement surge on October 1, 2016, at 10:00 a.m., in the Valley View Heights neighborhood near the Mesquite Rodeo and invited residents to join him at the corner of Orchid Lane and Lilac Lane. (6) Mr. Porter announced that a Range neighborhood crime watch meeting will take place tomorrow night, September 20, 2016, at 6:30 p.m., at Range Elementary School, 2600 Bamboo Drive. All citizens are invited to attend to hear guest speaker Dallas County Sheriff Lupe Valdez. PRESENTATIONS 2 Recognize participants of summer camp program with certificates of appreciation for hosting Mesquite Minute news show. Wayne Larson, Manager of Marketing & Communications, stated that City staff produces the weekly “Mesquite Minute” which is a video news program that informs Mesquite residents of upcoming City programs and services, promotion of City employees and provides a platform for partner organizations to garner support for their programs. Staff invited participants in the Parks and Recreation Department’s summer camps to serve as guest hosts. Six episodes involving 29 campers at six recreation locations were featured throughout the summer. Mayor Pickett, City Councilmembers and City Manager Cliff Keheley presented certificates of appreciation to the following summer camp program participants for hosting the Mesquite Minute news show: Tyler Manoy, Madison Matthews, Katherine Mora, Joshua Pillado, Enzi Flores, Kingston Miller and Jason Aguilar. 3 Presentation of a plaque to Brad Hanley in recognition of his service as a member of the Mesquite Quality of Life Corporation Board of Directors. Mayor Pickett presented a plaque to Brad Hanley in recognition of his service as a member of the Mesquite Quality of Life Corporation Board of Directors from March 2002 through September 2016. City of Mesquite, Texas Page 2 City Council Minutes - Final September 19, 2016 APPOINTMENT FOR PERSONAL APPEARANCE 4 Appointment - Barry Walker, 2813 Bamboo Drive, Mesquite. (Mr. Walker will discuss the street bond project.) Mr. Walker discussed the street bond project. CONSENT AGENDA Approval of the Consent Agenda Mr. Archer requested that Item No. 15 be removed from the Consent Agenda to be considered separately. Mr. Casper moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Aleman and approved unanimously. 5 Minutes of the regular City Council meeting held September 6, 2016. Approved on the Consent Agenda. 6 An ordinance amending Chapter 8 of the City Code thereby updating the regulation of wrecker services. Approved on the Consent Agenda. Ordinance No. 4439, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED BY DELETING ARTICLE IX IN ITS ENTIRETY AND ADDING A NEW ARTICLE IX THEREBY UPDATING THE REGULATION OF WRECKER BUSINESSES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED ONE THOUSAND ($1,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4439 recorded on page of Ordinance Book No. 107.) 7 An ordinance amending Chapter 8 of the City Code thereby updating police alarm system regulations. Approved on the Consent Agenda. Ordinance No. 4440, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY ADDING, DELETING AND REPLACING CERTAIN DEFINITIONS IN SECTION 8-441, BY DELETING SECTIONS 8-461 THROUGH 8-471, AND 8-516 THROUGH 8-518 IN THEIR ENTIRETY AND BY ADDING NEW SECTIONS 8-461 THROUGH 8-471, AND 8-516 THROUGH 8-518 THEREBY UPDATING POLICE ALARM SYSTEM REGULATIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No. 4440 recorded on page of Ordinance Book No. 107.) City of Mesquite, Texas Page 3 City Council Minutes - Final September 19, 2016 8 A resolution expressing official intent to reimburse, from the proceeds of obligations to be issued by the City, the costs of street, road, alley, sidewalk and screening wall projects, water and sewer system improvements, municipal building improvements and acquisition of vehicles and equipment and computer equipment and software for municipal departments. Approved on the Consent Agenda. Resolution No. 40-2016, A RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE, FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY, THE COSTS OF STREET, ROAD, ALLEY, SIDEWALK AND SCREENING WALL PROJECTS, WATER AND SEWER SYSTEM IMPROVEMENTS, MUNICIPAL BUILDING IMPROVEMENTS AND ACQUISITION OF VEHICLES AND EQUIPMENT AND COMPUTER EQUIPMENT AND SOFTWARE FOR MUNICIPAL DEPARTMENTS. (Resolution No. 40-2016 recorded on page of Resolution Book No. 50.) 9 A resolution adopting an Investment Policy. Approved on the Consent Agenda. Resolution No. 41-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ADOPTING AN INVESTMENT POLICY; AND DECLARING AN EFFECTIVE DATE THEREOF. (Resolution No. 41-2016 recorded on page of Resolution Book No. 50.) 10 A resolution endorsing the 2016-17 Speed Safety Grant for the Selective Traffic Enforcement Program (“STEP”) Project and authorizing the City Manager to execute the necessary documents with the Texas Department of Transportation for this project in an amount not to exceed $15,284.64. Approved on the Consent Agenda. Resolution No. 42-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ENDORSING THE 2016-17 SPEED SAFETY GRANT FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (“STEP”) PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THIS PROJECT IN AN AMOUNT NOT TO EXCEED $15,284.64. (Resolution No. 42-2016 recorded on page of Resolution Book No. 50.) 11 A resolution authorizing the City Manager to execute Amendment No. 4 to the Dallas Area Household Hazardous Waste Network Interlocal Agreement with Dallas County for Fiscal Year 2016-17 for an amount not to exceed $88,200.00. Approved on the Consent Agenda. Resolution No. 43-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4 TO THE DALLAS AREA HOUSEHOLD HAZARDOUS WASTE NETWORK INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR FISCAL YEAR 2016-17 FOR AN AMOUNT NOT TO EXCEED $88,200.00. (Resolution No. 43-2016 recorded on page of Resolution Book No. 50.) City of Mesquite, Texas Page 4 City Council Minutes - Final September 19, 2016 12 Bid No. E2016-007 - Motley Drive Reconstruction Project. (Authorize the City Manager to finalize and execute a contract with low bidder Tiseo Paving Company in the amount of $7,736,330.20.) Approved on the Consent Agenda. 13 Approve amendment to Rule 3.1 of the City Council Rules of Procedure to add a third regular City Council meeting in the month of September of each year to be held on the fourth Monday of each September unless otherwise changed or cancelled, to provide that all regular City Council meetings shall be held at or after 3:00 p.m., and to provide that all regular City Council meetings that fall on an official City holiday shall be held on the Tuesday following the official City holiday. Approved on the Consent Agenda. 14 Authorize the City Manager to finalize and execute an Interlocal Agreement with the Dallas County Hospital District d/b/a Parkland Health & Hospital System for Biomedical Online and Offline Medical Supervision in the amount of $65,398.91 for Fiscal Year 2016-17. Approved on the Consent Agenda. CONSENT AGENDA ITEM CONSIDERED SEPARATELY 15 Authorize the City Manager to finalize and execute a new interlocal agreement with STAR Transit to provide public transportation services to the City of Mesquite. Mr. Archer moved to authorize the City Manager to finalize and execute a new interlocal agreement with STAR Transit to provide public transportation services to the City of Mesquite. Motion was seconded by Mr. Noschese and approved unanimously. END OF CONSENT AGENDA PUBLIC HEARINGS 16 Conduct a public hearing and consider an ordinance for Application No . 545-25-2016, submitted by Gary Dueck for Nationwide Trailers, for a zoning change from Commercial to Commercial with a Conditional Use Permit for an outdoor display lot and trailer sales on the 3.52-acre underdeveloped tract located at 2828 Interstate Highway 30. (One letter in favor of the application and two letters in opposition were received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval of the application.) A public hearing was held for Application No. 545-25-2016. Applicant Gary Dueck stated that they have five locations throughout Texas with a history of buying underdeveloped properties and redeveloping them into profitable businesses. Mr. Dueck stated that the storage structure at the rear of the property would be removed, the screening wall would be maintained and he agreed to additional landscaping in the front of the property. Mr. Dueck stated City of Mesquite, Texas Page 5 City Council Minutes - Final September 19, 2016 that he would be willing to consider removing the modular office and building a permanent structure at a later date but was not able to provide a date certain. Steve George, representing the applicant, stated that Nationwide Trailers has the property under contract to purchase with the intent to develop a utility trailer sales business. Mr. George stated that the modular office has been recently vandalized and would be completely refurbished. Bryan Odom, 1330 Buena Vista, requested clarification as to the type of trailers that would be sold. Mr. Dueck stated that they are utility trailers. Jeff Dillon, 1141 Lakeview, requested that the new property owner address the feral cat problem and maintain the easement behind the property. No others appeared regarding the proposed application. Mayor Pickett declared the public hearing closed. Councilmembers expressed concerns regarding the application and requested additional time for the applicant to work with staff to reach an agreement. Mr. Noschese moved to postpone consideration of Application No. 545-25-2016 until the September 26, 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, Archer, Aleman Nayes: Tarpley Motion carried. 17 Conduct a public hearing for the purpose of considering annexation of approximately 0.28 square miles of territory within the City of Mesquite’s extraterritorial jurisdiction. A public hearing was held for the purpose of considering annexation of approximately 0.28 square miles of territory within the City of Mesquite’s extraterritorial jurisdiction. No one appeared regarding the proposed annexation. Mayor Pickett declared the public hearing closed. 18 Conduct a public hearing regarding the proposed 2016-17 ad valorem tax rate of $.687 per $100 valuation. A public hearing was held regarding the proposed 2016-17 ad valorem tax rate of $.687 per $100 valuation. No one appeared regarding the proposed ad valorem tax rate. Mayor Pickett declared the public hearing closed. Mayor Pickett stated "The vote on the proposed tax rate will take place on September 26, 2016, at 6:00 p.m., in the City Council Chambers located at 757 North Galloway Avenue, Mesquite, Texas." OTHER BUSINESS City of Mesquite, Texas Page 6 City Council Minutes - Final September 19, 2016 Consider passage of the following ordinances relating to the 2016-17 Budget: 19 Consider an ordinance providing funds for the fiscal year 2016-17 by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the general and other revenues of the City for said fiscal year for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said budget. Mr. Archer moved to approve Ordinance No. 4441, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR 2016-17 BY ADOPTING AND APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND ACTIVITIES OF THE CITY, FOR CAPITAL AND OTHER IMPROVEMENTS OF THE CITY AND FOR ALL OTHER EXPENDITURES INCLUDED IN SAID BUDGET; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Aleman and approved unanimously. (Ordinance No. 4441 recorded on page of Ordinance Book No. 107.) 20 Consider an ordinance amending the budget for the fiscal year of 2015-16 as heretofore approved by Ordinance No. 4385 of the City of Mesquite, Texas, adopted on September 21, 2015, appropriating and setting aside the necessary funds out of the general and other revenues of the City of Mesquite for fiscal year 2015-16 for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said amended budget. Mr. Aleman moved to approve Ordinance No. 4442, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR OF 2015-16 AS HERETOFORE APPROVED BY ORDINANCE NO. 4385 OF THE CITY OF MESQUITE, TEXAS, ADOPTED ON SEPTEMBER 21, 2015, APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF MESQUITE FOR FISCAL YEAR 2015-16 FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND ACTIVITIES OF THE CITY, FOR CAPITAL AND OTHER IMPROVEMENTS OF THE CITY AND FOR ALL OTHER EXPENDITURES INCLUDED IN SAID AMENDED BUDGET; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 4442 recorded on page of Ordinance Book No. 107.) 21 Consider an ordinance ratifying the increase of property tax revenue reflected in the 2016-17 Fiscal Year budget for said period. Mr. Porter moved to approve Ordinance No. 4443, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, RATIFYING THE INCREASE OF PROPERTY TAX REVENUE REFLECTED IN THE 2016-17 FISCAL YEAR BUDGET FOR SAID PERIOD; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No. 4443 recorded on page of Ordinance Book No. 107.) City of Mesquite, Texas Page 7 City Council Minutes - Final September 19, 2016 22 Consider an ordinance determining the population of the City of Mesquite to be 142,950 as of October 1, 2016. Mr. Casper moved to approve Ordinance No. 4444, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, DETERMINING THE POPULATION OF THE CITY OF MESQUITE TO BE 142,950 AS OF OCTOBER 1, 2016; AND DECLARING AN EMERGENCY. Motion was seconded by Mr. Aleman and approved unanimously. (Ordinance No. 4444 recorded on page of Ordinance Book No. 107.) 23 Consider an ordinance adopting a 2016-17 Pay Plan for General Government personnel, effective October 1, 2016, revised pay plans for commissioned Police and Fire personnel, effective January 1, 2017, and a new step pay plan for specified positions effective October 1, 2016. Mr. Casper moved to approve Ordinance No. 4445, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS (“CITY”), ADOPTING 2016-17 REVISED PAY PLANS FOR FULL-TIME AND PART-TIME GENERAL GOVERNMENT PERSONNEL; PROVIDING QUALIFYING PERSONNEL WITH MARKET AND/OR COMPRESSION ADJUSTMENTS, FLAT, FIXED PAY ADJUSTMENTS, TWO-PERCENT MERIT INCREASES AND ONE-TIME LUMP SUM PAYMENTS; ADOPTING REVISED PAY PLANS FOR COMMISSIONED POLICE AND FIRE PERSONNEL INCLUDING A MARKET ADJUSTMENT; PROVIDING STEP INCREASES FOR QUALIFIYING POLICE OFFICERS AND FIREFIGHTERS; AUTHORIZING UPDATED SERVICE CREDITS UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM TO QUALIFYING CURRENT EMPLOYEES; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR QUALIFYING RETIREES AND BENEFICIARIES OF DECEASED RETIREES; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Archer and approved unanimously. (Ordinance No. 4445 recorded on page of Ordinance Book No. 107.) 24 A. Consider an ordinance amending Chapter 16 of the City Code regarding water rates, effective October 1, 2016. B. Consider an ordinance amending Chapter 16 of the City Code regarding sewer rates, effective October 1, 2016. Mr. Porter moved to approve Ordinance No. 4446, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTION 16-1 IN ITS ENTIRETY AND ADDING A NEW SECTION 16-1 THEREBY AMENDING THE RATES CHARGED FOR SERVICES PROVIDED BY THE WATER DEPARTMENT OF THE CITY OF MESQUITE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING OCTOBER 1, 2016, AS THE DATE SUCH RATES BECOME EFFECTIVE. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 4446 recorded on page of Ordinance Book No. 107.) Mr. Porter moved to approve Ordinance No. 4447, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTION 16-59(a) IN ITS ENTIRETY AND ADDING A NEW SECTION 16-59(a) THEREBY AMENDING THE RATES CHARGED FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM OF THE CITY OF MESQUITE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING OCTOBER 1, 2016, City of Mesquite, Texas Page 8 City Council Minutes - Final September 19, 2016 AS THE DATE SUCH RATES BECOME EFFECTIVE. Motion was seconded by Mr. Casper and approved unanimously. (Ordinance No. 4447 recorded on page of Ordinance Book No. 107.) RECEIPT OF RESIGNATION 25 Receive resignation from Kenneth Goin as a member of the Parks and Recreation Advisory Board and Tree Board. Mr. Noschese moved to accept the resignation of Kenneth Goin as a member of the Parks and Recreation Advisory Board and Tree Board. Motion was seconded by Mr. Aleman and approved unanimously. APPOINTMENTS TO BOARDS AND COMMISSIONS 26 Consider electing members to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees, Places 6 - 9. Mr. Archer moved to elect Mary Gauer, Place 6; C.J. Wax, Place 7; Larry Melton, Place 8; and Andres Garza, Place 9, as members of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees. Motion was seconded by Mr. Aleman and approved unanimously. 27 Consider appointment of three regular members to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire September 30, 2018. Mr. Casper moved to reappoint N. N. Dharmarajan, Place 6, as a regular member of the Planning and Zoning Commission/Capital Improvements Advisory Committe, change the appointment of Sergio Garcia and Sherry Williams from alternate members to regular members, Place Nos. 2 and 4, respectively, all for terms to expire September 30, 2018, and to change the appointment of Rad Ferguson from a regular member to an alternate member for a term to expire September 30, 2017. Motion was seconded by Mr. Noschese and approved unanimously. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:10 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 financial assistance for business prospects considering sites within the Skyline Tax Increment Finance Reinvestment Zone No. Seven); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:37 p.m., the City Council reconvened in Open Session. No executive action was necessary. City of Mesquite, Texas Page 9 City Council Minutes - Final September 19, 2016 EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 8:37 P.M. The City Council met in Executive Session pursuant to Section 551.074 of the Texas Government Code to 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 City employees; whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 8:56 p.m., the City Council reconvened in Open Session. No executive action was necessary. ADJOURNMENT Mr. Aleman moved to adjourn the meeting. Motion was seconded by Mr. Porter and approved unanimously. The meeting adjourned at 8:56 p.m. Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Stan Pickett, Mayor City of Mesquite, Texas Page 10

Agenda

City of Mesquite, Texas Meeting Agenda City Council Monday, September 19, 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 16-2296 Receive briefing regarding proposed change to the marketing partnership, including use of billboards and joint public relations efforts, with Mesquite Independent School District. 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 Joe Chiles, Pastor, Mesquite First Assembly of God, Mesquite, Texas. PLEDGE OF ALLEGIANCE Members of St. Mark's United Methodist Church Youth Group. SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups. City of Mesquite, Texas Page 1 Monday, September 19, 2016 City Council Meeting Agenda September 19, 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 2 16-2300 Recognize participants of summer camp program with certificates of appreciation for hosting Mesquite Minute news show. 3 16-2342 Presentation of a plaque to Brad Hanley in recognition of his service as a member of the Mesquite Quality of Life Corporation Board of Directors. APPOINTMENT FOR PERSONAL APPEARANCE 4 16-2345 Appointment - Barry Walker, 2813 Bamboo Drive, Mesquite. (Mr. Walker will discuss the street bond project.) Attachments: Barry Walker 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 16-2341 Minutes of the regular City Council meeting held September 6, 2016. Attachments: 09.06.2016m 6 16-2327 An ordinance amending Chapter 8 of the City Code thereby updating the regulation of wrecker services. Attachments: Current Ordinance Ordinance - Wrecker Businesses 7 16-2197 An ordinance amending Chapter 8 of the City Code thereby updating police alarm system regulations. Attachments: Ordinance - Police Alarm Red-lined Version 8 16-2310 A resolution expressing official intent to reimburse, from the proceeds of obligations to be issued by the City, the costs of street, road, alley, sidewalk and screening wall projects, water and sewer system improvements, municipal building improvements and acquisition of vehicles and equipment and computer equipment and software for municipal departments. City of Mesquite, Texas Page 2 Monday, September 19, 2016 City Council Meeting Agenda September 19, 2016 Attachments: Resolution - Intent to Reimburse 9 16-2338 A resolution adopting an Investment Policy. Attachments: Resolution - Investment Policy Red-lined Version - Investment Policy 10 16-2333 A resolution endorsing the 2016-17 Speed Safety Grant for the Selective Traffic Enforcement Program (“STEP”) Project and authorizing the City Manager to execute the necessary documents with the Texas Department of Transportation for this project in an amount not to exceed $15,284.64. Attachments: Resolution - STEP 11 16-2332 A resolution authorizing the City Manager to execute Amendment No. 4 to the Dallas Area Household Hazardous Waste Network Interlocal Agreement with Dallas County for Fiscal Year 2016-17 for an amount not to exceed $88,200.00. Attachments: Resolution - DAHHWN City Shares of Fixed Operational Costs DAHHWN Detailed Budgetary Information 12 16-2322 Bid No. E2016-007 - Motley Drive Reconstruction Project. (Authorize the City Manager to finalize and execute a contract with low bidder Tiseo Paving Company in the amount of $7,736,330.20.) Attachments: Bid Tab - E2016-007 Bid Tabulation - Engineering Recommendation Letter Location Map 13 16-2340 Approve amendment to Rule 3.1 of the City Council Rules of Procedure to add a third regular City Council meeting in the month of September of each year to be held on the fourth Monday of each September unless otherwise changed or cancelled, to provide that all regular City Council meetings shall be held at or after 3:00 p.m., and to provide that all regular City Council meetings that fall on an official City holiday shall be held on the Tuesday following the official City holiday. Attachments: Red-lined Version - Rule 3.1 14 16-2344 Authorize the City Manager to finalize and execute an Interlocal Agreement with the Dallas County Hospital District d/b/a Parkland Health & Hospital System for Biomedical Online and Offline Medical Supervision in the amount of $65,398.91 for Fiscal Year 2016-17. 15 16-2349 Authorize the City Manager to finalize and execute a new interlocal agreement with STAR Transit to provide public transportation services to the City of Mesquite. City of Mesquite, Texas Page 3 Monday, September 19, 2016 City Council Meeting Agenda September 19, 2016 PUBLIC HEARINGS 16 16-2325 Conduct a public hearing and consider an ordinance for Application No. 545-25-2016, submitted by Gary Dueck for Nationwide Trailers, for a zoning change from Commercial to Commercial with a Conditional Use Permit for an outdoor display lot and trailer sales on the 3.52-acre underdeveloped tract located at 2828 Interstate Highway 30. (One letter in favor of the application and two letters in opposition 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 545-25-2016 P&Z minutes Ordinance - 545-25-2016 17 16-2348 Conduct a public hearing for the purpose of considering annexation of approximately 0.28 square miles of territory within the City of Mesquite’s extraterritorial jurisdiction. Attachments: High Country area overview Annexation Map 18 16-2339 Conduct a public hearing regarding the proposed 2016-17 ad valorem tax rate of $.687 per $100 valuation. OTHER BUSINESS Consider passage of the following ordinances relating to the 2016-17 Budget: 19 16-2334 Consider an ordinance providing funds for the fiscal year 2016-17 by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the general and other revenues of the City for said fiscal year for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said budget. Attachments: Appropriation w-Revised Exhibit 09-19-16 20 16-2336 Consider an ordinance amending the budget for the fiscal year of 2015-16 as heretofore approved by Ordinance No. 4385 of the City of Mesquite, Texas, adopted on September 21, 2015, appropriating and setting aside the necessary funds out of the general and other revenues of the City of Mesquite for fiscal year 2015-16 for the maintenance and operation of various departments and activities of the City, for capital and other improvements of the City and for all other expenditures included in said amended budget. City of Mesquite, Texas Page 4 Monday, September 19, 2016 City Council Meeting Agenda September 19, 2016 Attachments: Ordinance - Amended Budget 21 16-2335 Consider an ordinance ratifying the increase of property tax revenue reflected in the 2016-17 Fiscal Year budget for said period. Attachments: Ratifying Increase Property Tax Revenue w-Revised Exhibit 09-19-16 22 16-2337 Consider an ordinance determining the population of the City of Mesquite to be 142,950 as of October 1, 2016. Attachments: Ordinance - Population 23 16-2350 Consider an ordinance adopting a 2016-17 Pay Plan for General Government personnel, effective October 1, 2016, revised pay plans for commissioned Police and Fire personnel, effective January 1, 2017, and a new step pay plan for specified positions effective October 1, 2016. Attachments: Ordinance - Pay Plan 24 16-2309 A. Consider an ordinance amending Chapter 16 of the City Code regarding water rates, effective October 1, 2016. B. Consider an ordinance amending Chapter 16 of the City Code regarding sewer rates, effective October 1, 2016. Attachments: Ordinance - Water Rates Ordinance - Sewer Rates RECEIPT OF RESIGNATION 25 16-2343 Receive resignation from Kenneth Goin as a member of the Parks and Recreation Advisory Board and Tree Board. Attachments: Resignation Letter - Goin APPOINTMENTS TO BOARDS AND COMMISSIONS 26 16-2330 Consider electing members to the Texas Municipal League Intergovernmental Risk Pool Board of Trustees, Places 6 - 9. Attachments: Ballot - TML-IRP 27 16-2351 Consider appointment of three regular members to the Planning and Zoning Commission/Capital Improvements Advisory Committee for terms to expire September 30, 2018. ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pending and Contemplated Litigation City of Mesquite, Texas Page 5 Monday, September 19, 2016 City Council Meeting Agenda September 19, 2016 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 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: 28 16-2353 Discuss financial assistance for business prospects considering sites within the Skyline Tax Increment Finance Reinvestment Zone No. Seven. City of Mesquite, Texas Page 6 Monday, September 19, 2016 City Council Meeting Agenda September 19, 2016 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, September 19, 2016

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