City Council
Regular MeetingMesquite, TX · September 19, 2016
Minutes
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.
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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.
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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.)
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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.)
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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
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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
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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.)
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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,
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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.
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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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