City Council
Regular MeetingMesquite, TX · November 21, 2016
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, November 21, 2016 5:30 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Pro Tem Bruce Archer and Councilmembers Jeff Casper, Bill Porter, Dan Aleman,
Greg Noschese and Dennis Tarpley, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Mayor Stan Pickett.
PRE-MEETING - TRAINING ROOMS A&B - 5:30 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding the Police Department’s Secure Apartments For
Everyone (SAFE) Multifamily Housing Program.
2 Receive update regarding North Texas Municipal Water District.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:44 P.M.
3 Receive quarterly report from Police Department.
Police Chief Charles Cato stated that the Uniform Crime Report Statistics is down
six percent over the past five years with 90 percent of crime reported as property
crime. Three beats in the City account for almost half of the robberies. Mesquite
has experienced a spike in the number of road rage incidents, which is
concurrent with the national trend, and results in an aggravated assault charge
on the perpetrator. The Mesquite Police Department (MPD) maintains a 100
percent clearance rate on homicides. Chief Cato reviewed the current MPD
staffing levels as well as the current MPD Projects. The current MPD initiatives
include hosting summer youth camps in 2016, participating in the Books and
Badges program with the Mesquite Public Library, playing youth basketball on
Saturdays at Parks and Recreation gyms, hosting the Santa Cop program,
planning a Youth Summit in Spring of 2017 and launching the Unidos program
which reaches out to the Hispanic population.
Councilmembers expressed appreciation to Chief Cato and the Mesquite Police
Department for their hard work and dedication to our community.
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City Council Minutes - Final November 21, 2016
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:24 P.M.
INVOCATION
Greg Wren, Pastor, The Saints Chapel, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the City of Mesquite Retirees Association.
SPECIAL ANNOUNCEMENTS
(1) Mr. Noschese wished everyone a Safe and Happy Thanksgiving.
(2) Mr. Aleman congratulated the Poteet High School football team as they head to round three of the
playoffs. He also recognized Poteet High School’s Head Coach Kody Groves who is one of five
finalists for the Tom Landry Coach of the Year Award.
(3) Mr. Casper invited everyone to attend the Annual Christmas Tree lighting in Heritage Square on
Tuesday, November 29, 2016, at 6:00 p.m.
CITIZENS FORUM
(1) Mary Meshell, 232 Darien, expressed concerns regarding speeding in her neighborhood.
(2) Audrey Carter, 205 Woodbridge Way, suggested more communication between the City, citizens
and crime watch groups.
PRESENTATIONS
4 Presentation of a plaque to Kenneth Burris in recognition of his service as a
member of the Parks and Recreation Advisory Board and Tree Board.
Mayor Pro Tem Archer presented a plaque to Kenneth Burris in recognition of his
service as a member of the Parks and Recreation Advisory Board and Tree Board
from October 2009 to October 2016.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Casper moved to approve the 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 November 7, 2016.
Approved on the Consent Agenda.
6 An ordinance adopting Supplement No. 52 to the Code of Ordinances for the
City of Mesquite.
Approved on the Consent Agenda.
Ordinance No. 4459, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
City of Mesquite, Texas Page 2
City Council Minutes - Final November 21, 2016
ADOPTING SUPPLEMENT NUMBER 52 (ORDINANCES APPROVED FROM THE
FIRST MEETING IN MARCH 2016 AND EXTENDING THROUGH THE LAST
MEETING IN AUGUST 2016) TO THE CODE OF THE CITY OF MESQUITE, TEXAS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OR
FINE FOR EACH OFFENSE AND VIOLATION OF SAID SUPPLEMENT TO THE
SAID CODE; AND DECLARING AN EMERGENCY. (Ordinance No. 4459 recorded
on page
of Ordinance Book No. 107.)
7 An ordinance amending Chapter 9 of the City Code pertaining to the parking of
commercial vehicles in non-compliance with zoning restrictions.
Approved on the Consent Agenda.
Ordinance No. 4460, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, BY DELETING SECTION 9-169 IN ITS ENTIRETY AND ADDING A NEW
SECTION 9-169 THEREBY REGULATING THE PARKING OF COMMERCIAL
VEHICLES IN NON-COMPLIANCE WITH ZONING RESTRICTIONS; PROVIDING A
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED TWO THOUSAND ($2,000.00.) DOLLARS FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE THEREOF. (Ordinance No.
4460 recorded on page of Ordinance Book No. 107.)
8 An ordinance amending Chapter 13 of the City Code declaring a prohibited
sign type within the Restaurant Row area as a conforming sign.
Approved on the Consent Agenda.
Ordinance No. 4461, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, BY DELETING SECTION 13-72(13)(d) IN ITS ENTIRETY, DELETING
OBSOLETE LANGUAGE AND ADDING A NEW SECTION 13-72(13)(d) THEREBY
DECLARING A PROHIBITED SIGN TYPE WITHIN THE RESTAURANT ROW AREA
AS A CONFORMING SIGN; 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
EMERGENCY. (Ordinance No. 4461 recorded on page of Ordinance
Book No. 107.)
9 A resolution repealing Section 2 of Resolution No. 59-2015 and authorizing the
execution of a revised Use Agreement with Dallas MTA, L.P., d/b/a Verizon
Wireless, relative to the installation of a communications tower, directional
antennas and related supporting equipment on City-owned property located at
Vanston Park, 3003 Oates Drive, City of Mesquite, Dallas County, Texas.
Approved on the Consent Agenda.
Resolution No. 49-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, REPEALING SECTION 2 OF RESOLUTION NO. 59-2015 AND
ADOPTING A RESOLUTION AUTHORIZING THE EXECUTION OF A REVISED USE
AGREEMENT WITH DALLAS MTA, L.P., D/B/A VERIZON WIRELESS, RELATIVE
TO THE INSTALLATION OF A COMMUNICATIONS TOWER, DIRECTIONAL
ANTENNAS AND RELATED SUPPORTING EQUIPMENT ON CITYOWNED
PROPERTY LOCATED AT VANSTON PARK, 3003 OATES DRIVE, CITY OF
MESQUITE, DALLAS COUNTY, TEXAS. (Resolution No. 49-2016 recorded on
City of Mesquite, Texas Page 3
City Council Minutes - Final November 21, 2016
page of Resolution Book No. 50.)
10 A resolution supporting inclusion of the IH-635 and IH-30 Interchange in the
10-year Regional Unified Transportation Plan.
Approved on the Consent Agenda.
Resolution No. 50-2016, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, SUPPORTING INCLUSION OF THE IH-635 AND IH-30
INTERCHANGE IN THE 10-YEAR REGIONAL UNIFIED TRANSPORTATION PLAN.
(Resolution No. 50-2016 recorded on page of Resolution Book No. 50.)
11 Bid No. 2017-001 - Annual Parts and Labor to Repair International Trucks.
(Staff recommends award to sole source provider Southwest International
Trucks, Inc., in the amount of $130,000.00.)
Approved on the Consent Agenda.
12 Bid No. E2017-002 - Utility Relocation for CSJ 0095-02-102 US 80 Eastbound
Frontage Road from IH 635 Northbound Frontage Road to Galloway Avenue
Project.
(Authorize the City Manager to finalize and execute a contract with low bidder
Atkins Bros. Equipment Co., Inc., in the amount of $189,114.00.)
Approved on the Consent Agenda.
13 Bid No. 2017-005 - Annual Supply of Water Parts.
(Staff recommends award to low bidders: Groups I and IV to HD Supply
Waterworks in the amount of $106,937.07 and Groups II, III and IV to Fortiline
Waterworks in the amount of $260,108.59, for a total bid amount of
$367,045.66.)
Approved on the Consent Agenda.
14 Authorize the City Manager to execute a Professional Engineering Services
contract with Alan Plummer Associates, Inc., to prepare a Water Asset
Management Plan in the amount of $62,800.00.
Approved on the Consent Agenda.
END OF CONSENT AGENDA
APPOINTMENTS TO BOARDS AND COMMISSIONS
15 Consider appointment of two representatives to attend the City /School Joint
Tax Office Advisory Board meeting on Wednesday, December 7, 2016, at 9:30
a.m.
Mr. Tarpley moved to appoint Bill Porter and Dan Aleman to serve as the City’s
representatives on the City/School Joint Tax Office Advisory Board at the
meeting scheduled to be held Wednesday, December 7, 2016, at 9:30 a.m. Motion
was seconded by Mr. Casper and approved unanimously.
16 Consider appointment of two regular members and one alternate member to
the Mesquite Housing Board for terms to expire December 3, 2018, and one
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City Council Minutes - Final November 21, 2016
alternate member for a term to expire December 3, 2017.
Mr. Aleman moved to appoint James Elledge as an alternate member of the
Mesquite Housing Board for a term to expire December 3, 2018. Motion was
seconded by Mr. Noschese and approved unanimously.
17 Consider appointment of four regular members and two alternate members to
the Municipal Library Advisory Board for terms to expire December 4, 2018.
Mr. Tarpley moved to appoint Julie Shelton as a regular member of the Municipal
Library Advisory Board for a term to expire December 4, 2018. Motion was
seconded by Mr. Porter and approved unanimously.
18 Consider the appointment of four members to the Historic Mesquite, Inc .,
Board of Directors, representing Place 4, Place 5 and Place 9, for terms to
expire December 31, 2019, and one member representing Place 2, for a term
to expire December 31, 2017.
Mr. Casper moved to reappoint Janice Houston and William Richardson as
members of the Historic Mesquite, Inc., Board of Directors for terms to expire
December 31, 2019. Motion was seconded by Mr. Tarpley and approved
unanimously.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:43 P.M.
Mayor Pro Tem Archer announced that the City Council would meet in Executive Session pursuant to
Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney
(Discuss legal issues regarding the North Texas Municipal Water District Regional Water Supply
Facilities Amendatory Contract between the City of Mesquite, other regional cities and the North Texas
Municipal Water District and Provide legal advice regarding the Mesquite Police Department ’s
proposed Lateral Entry Program); whereupon, the City Council proceeded to meet in the Executive
Conference Room. After the closed meeting ended at 8:22 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. Casper
and approved unanimously. The meeting adjourned at 8:22 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Bruce Archer, Mayor Pro Tem
City of Mesquite, Texas Page 5
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, November 21, 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 16-2441 Receive briefing regarding the Police Department’s Secure Apartments
For Everyone (SAFE) Multifamily Housing Program.
2 16-2452 Receive update regarding North Texas Municipal Water 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
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M.
3 16-2442 Receive quarterly report from Police Department.
Attachments: Police Department Overview
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Greg Wren, Pastor, The Saints Chapel, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the City of Mesquite Retirees Association.
City of Mesquite, Texas Page 1 Monday, November 21, 2016
City Council Meeting Agenda November 21, 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 16-2444 Presentation of a plaque to Kenneth Burris in recognition of his service as
a member of the Parks and Recreation Advisory Board and Tree Board.
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 16-2445 Minutes of the regular City Council meeting held November 7, 2016.
Attachments: Minutes - 11.7.16
6 16-2451 An ordinance adopting Supplement No. 52 to the Code of Ordinances for
the City of Mesquite.
Attachments: Ordinance - Supplement No. 52
7 16-2456 An ordinance amending Chapter 9 of the City Code pertaining to the
parking of commercial vehicles in non-compliance with zoning restrictions.
Attachments: Sec. 9-169 Redline version
Proposed Ordinance
8 16-2457 An ordinance amending Chapter 13 of the City Code declaring a
prohibited sign type within the Restaurant Row area as a conforming sign.
Attachments: 13-72 Redline version
Proposed Ordinance
9 16-2408 A resolution repealing Section 2 of Resolution No. 59-2015 and
authorizing the execution of a revised Use Agreement with Dallas MTA,
L.P., d/b/a Verizon Wireless, relative to the installation of a
communications tower, directional antennas and related supporting
equipment on City-owned property located at Vanston Park, 3003 Oates
Drive, City of Mesquite, Dallas County, Texas.
City of Mesquite, Texas Page 2 Monday, November 21, 2016
City Council Meeting Agenda November 21, 2016
Attachments: Proposed Resolution
Site Location
10 16-2459 A resolution supporting inclusion of the IH-635 and IH-30 Interchange in
the 10-year Regional Unified Transportation Plan.
Attachments: Draft 10-year Regional UTP
11 16-2443 Bid No. 2017-001 - Annual Parts and Labor to Repair International
Trucks.
(Staff recommends award to sole source provider Southwest International
Trucks, Inc., in the amount of $130,000.00.)
Attachments: Sole Source Letter
12 16-2449 Bid No. E2017-002 - Utility Relocation for CSJ 0095-02-102 US 80
Eastbound Frontage Road from IH 635 Northbound Frontage Road to
Galloway Avenue Project.
(Authorize the City Manager to finalize and execute a contract with low
bidder Atkins Bros. Equipment Co., Inc., in the amount of $189,114.00.)
Attachments: Bid Tabulation
Bid Tabulation - Engineering
Recommendation Letter
Location Maps
13 16-2455 Bid No. 2017-005 - Annual Supply of Water Parts.
(Staff recommends award to low bidders: Groups I and IV to HD Supply
Waterworks in the amount of $106,937.07 and Groups II, III and IV to
Fortiline Waterworks in the amount of $260,108.59, for a total bid amount
of $367,045.66.)
Attachments: Bid Tabulation
14 16-2453 Authorize the City Manager to execute a Professional Engineering Services
contract with Alan Plummer Associates, Inc., to prepare a Water Asset
Management Plan in the amount of $62,800.00.
APPOINTMENTS TO BOARDS AND COMMISSIONS
15 16-2446 Consider appointment of two representatives to attend the City/School
Joint Tax Office Advisory Board meeting on Wednesday, December 7,
2016, at 9:30 a.m.
Attachments: Joint Tax Meeting Appointments
16 16-2448 Consider appointment of two regular members and one alternate member
to the Mesquite Housing Board for terms to expire December 3, 2018, and
one alternate member for a term to expire December 3, 2017.
Attachments: Personal Data Form
City of Mesquite, Texas Page 3 Monday, November 21, 2016
City Council Meeting Agenda November 21, 2016
17 16-2450 Consider appointment of four regular members and two alternate
members to the Municipal Library Advisory Board for terms to expire
December 4, 2018.
Attachments: Personal Data Form
18 16-2454 Consider the appointment of four members to the Historic Mesquite, Inc.,
Board of Directors, representing Place 4, Place 5 and Place 9, for terms to
expire December 31, 2019, and one member representing Place 2, for a
term to expire December 31, 2017.
ADJOURNMENT
City of Mesquite, Texas Page 4 Monday, November 21, 2016
City Council Meeting Agenda November 21, 2016
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. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15
5. 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
6. Travis Tryon v. City of Mesquite – Filed 2-25-16
7. Robert L. Gould v. City of Mesquite - Filed 6-24-16
Consultation with Attorney
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to
conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement
offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas. The following subjects may be
discussed:
• Discuss legal issues regarding the North Texas Municipal Water District Regional Water Supply
Facilities Amendatory Contract between the City of Mesquite, other regional cities and the North Texas
Municipal Water District.
• Provide legal advice regarding the Mesquite Police Department’s proposed Lateral Entry Program.
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.
City of Mesquite, Texas Page 5 Monday, November 21, 2016
City Council Meeting Agenda November 21, 2016
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 6 Monday, November 21, 2016
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