City Council
Regular MeetingMesquite, TX · January 3, 2017
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Tuesday, January 3, 2017 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 Texas Department of Transportation Noise Wall
Program along IH-635 in Mesquite.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 6:09 P.M.
Mayor Pickett announced that the City Council would meet in Executive Session pursuant to Section
551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real
property (Discuss offer to purchase property along Berry Road) and Section 551.087 of the Texas
Government Code to consider commercial or financial information regarding business prospects or
projects (Discuss economic development incentives for a prospective restaurant on Towne Crossing
Boulevard); whereupon, the City Council proceeded to meet in the Executive Conference Room. After
the closed meeting ended at 6:28 p.m., the City Council reconvened in Open Session.
No executive action was necessary.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Chad Flowers, Pastor, Emmanuel Pentecostal, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the American Heart Association, Mesquite Chapter.
City of Mesquite, Texas Page 1
City Council Minutes - Final January 3, 2017
SPECIAL ANNOUNCEMENTS
(1) Mr. Pickett stated that the Council and City Management are aware and concerned about the
recent fireworks and gunshot activity that occurred this past weekend. He has asked the City
Manager Cliff Keheley to develop a process to educate the public and protect citizens prior to the July
4th holiday.
(2) Mr. Noschese stated that he, Police Chief Charles Cato and Fire Chief Mark Kerby recently read to
approximately 100 children at the Mesquite Public Library. He commended the library staff for helping
engage the children with crafts, coloring and other projects and for providing many valuable activities
and programs to our community. He encouraged everyone to visit the library and take advantage of
the many programs they have to offer.
(3) Mr. Aleman expressed appreciation for the Santa Cop program and recognized Deputy Fire Chief
Jeff Miller and Fire Captains Keith Hopkins and Jason Eddy for volunteering their time in November to
fight fires in Israel. He encouraged citizens to volunteer in our community and reach out to neighbors.
(4) Mr. Porter stated that he also read to students recently at Thompson Elementary School.
(5) Mr. Archer expressed appreciation for the Santa Cop program and to everyone that participated
and made possible the many festivities that took place in our community during the holiday season.
CITIZENS FORUM
(1) Tandy Boroughs, 1015 Majors Drive, thanked the Water and Sewer Division employees for
working on a sewer back up at his home during the holiday season.
(2) Bryan Odom, 1330 Buena Vista, thanked Mayor Pickett for addressing the fireworks and gunshot
issues. He expressed concerns regarding code compliance, neighbors setting out trash for pick up
during the holidays and bandit signs in his neighborhood.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Tarpley moved to approve the items on the Consent Agenda, as follows.
Motion was seconded by Mr. Noschese and approved unanimously.
2 Minutes of the regular City Council meeting held December 19, 2016.
Approved on the Consent Agenda.
3 An ordinance amending Chapter 9 of the City Code to reflect the revised
restricted parking times along Front Street.
Approved on the Consent Agenda.
Ordinance No. 4467, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS
AMENDED, TO REFLECT THE REVISED RESTRICTED PARKING TIMES ALONG
FRONT STREET; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE
HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE THEREOF. (Ordinance No. 4467 recorded on page
of Ordinance Book No. 108.)
City of Mesquite, Texas Page 2
City Council Minutes - Final January 3, 2017
4 An ordinance providing for the partial abandonment of a 15-foot-wide drainage
easement located at Town East Mall to accommodate the construction of a
proposed retail development.
Approved on the Consent Agenda.
Ordinance No. 4468, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
PROVIDING FOR THE PARTIAL ABANDONMENT OF A 15-FOOT-WIDE DRAINAGE
EASEMENT LOCATED AT TOWN EAST MALL TO ACCOMMODATE THE
CONSTRUCTION OF A PROPOSED RETAIL DEVELOPMENT; PROVIDING FOR A
REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
DECLARING AN EMERGENCY. (Ordinance No. 4468 recorded on page
of Ordinance Book No. 108.)
5 An ordinance providing for the partial abandonment of a 10-foot-wide sanitary
sewer easement located at West Mesquite High School at the northwest
corner of South Peachtree Road and Memorial Boulevard.
Approved on the Consent Agenda.
Ordinance No. 4469, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS,
PROVIDING FOR THE PARTIAL ABANDONMENT OF A 10-FOOT-WIDE SANITARY
SEWER EASEMENT LOCATED AT WEST MESQUITE HIGH SCHOOL AT THE
NORTHWEST CORNER OF SOUTH PEACHTREE ROAD AND MEMORIAL
BOULEVARD; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. (Ordinance No.
4469 recorded on page of Ordinance Book No. 108.)
6 A resolution authorizing the exchange of property in the vicinity of the
intersections of Memorial Boulevard and Stadium Drive with North Peachtree
Road with the Mesquite Independent School District (MISD) and authorizing
the Mayor to execute the exchange agreement with MISD for such purpose.
Approved on the Consent Agenda.
Resolution No. 01-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE EXCHANGE OF PROPERTY IN THE
VICINITY OF THE INTERSECTIONS OF MEMORIAL BOULEVARD AND STADIUM
DRIVE WITH NORTH PEACH-TREE ROAD WITH THE MESQUITE INDEPENDENT
SCHOOL DISTRICT (“MISD”); AND AUTHORIZING THE MAYOR TO EXECUTE
THE EXCHANGE AGREEMENT WITH MISD FOR SUCH PURPOSE. (Resolution
No. 01-2017 recorded on page of Resolution Book No. 50.)
7 Bid No. 2016-094 - Annual Dry Cleaning Services for Police Department
Uniforms.
(Staff recommends all bids be rejected and rebid at a later date.)
Approved on the Consent Agenda.
8 Bid No. 2017-026 - Purchase of Six 4-Door Sedans.
(Staff recommends award to Silsbee Ford, in Silsbee, Texas, through the
Texas Procurement and Support Services [TPASS] Contract No. 072-A1,
sponsored by the Texas Smart Buy, in the amount of $113,240.00.)
Approved on the Consent Agenda.
City of Mesquite, Texas Page 3
City Council Minutes - Final January 3, 2017
9 Bid No. 2017-028 - Purchase of Ford Camera Van.
(Staff recommends award to Chastang Ford, in Houston, Texas, for a Ford
F550 chassis through the Houston-Galveston Area Council of Governments
Cooperative Purchasing Program Contract No. HT06-16, in the amount of
$41,896.00 and award to Cues, Inc., in Orlando, Florida, for a Cues
Wastewater Line Camera Van through the Houston-Galveston Area Council of
Governments Cooperative Purchasing Program Contract No. SC01-15, in the
amount of $143,355.40, for a total amount of $185,251.40.)
Approved on the Consent Agenda.
10 Bid No. 2017-030 - Purchase of Twelve Heavy Duty Trucks.
(Staff recommends award to MHC Kenworth, in Dallas, Texas, through
BuyBoard Contract No. 526-16, sponsored by the Texas Association of School
Boards, in the amount of $1,515,131.20.)
Approved on the Consent Agenda.
11 Approve Amendment No. 2 to the 2016-17 Police Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and Chapter
59 of the Texas Code of Criminal Procedure in the amount of $350,800.00.
Approved on the Consent Agenda.
12 Approve Amendment No. 3 to the 2016-17 Police Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and Chapter
59 of the Texas Code of Criminal Procedure in the amount of $2,000.00.
Approved on the Consent Agenda.
13 Authorize the City Manager to finalize and execute a Professional Engineering
Services Contract with Walter P. Moore and Associates, Inc., for the survey,
engineering design and preparation of bid and construction documents for
streambank erosion protection of large diameter sanitary sewer trunk mains
located on South Mesquite Creek north of Faithon P. Lucas, Sr., Boulevard, in
the amount of $76,000.00.
Approved on the Consent Agenda.
APPOINTMENTS TO BOARDS AND COMMISSIONS
14 Consider appointment of two members to the Historic Mesquite, Inc ., Board of
Directors, representing Place 2 and Place 4, for terms to expire December 31,
2017, and December 31, 2019, respectively.
Mr. Archer moved to appoint Rose Grimsley as a member of the Historic
Mesquite, Inc., Board of Directors, representing Place 2, for a term to expire
December 31, 2017. Motion was seconded by Mr. Aleman and approved
unanimously.
City of Mesquite, Texas Page 4
City Council Minutes - Final January 3, 2017
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:20 P.M.
Mayor Pickett announced that the City Council would meet 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 (Discuss annual review of City Attorney); whereupon, the City Council proceeded
to meet in the Executive Conference Room. After the closed meeting ended at 8:50 p.m., the City
Council reconvened in Open Session.
No executive action was necessary.
ADJOURNMENT
Mr. Archer moved to adjourn the meeting. Motion was seconded by Mr.
Noschese and approved unanimously. The meeting adjourned at 8:50 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 5
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Tuesday, January 3, 2017 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 17-2517 Receive briefing regarding Texas Department of Transportation Noise Wall
Program along IH-635 in Mesquite.
Attachments: Noise Wall Locations
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
Chad Flowers, Pastor, Emmanuel Pentecostal, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Members of the American Heart Association, Mesquite Chapter.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
City of Mesquite, Texas Page 1 Tuesday, January 3, 2017
City Council Meeting Agenda January 3, 2017
CITIZENS FORUM
At this time a number of citizens not to exceed 10 shall be allowed to speak on any matter other than
personnel matters, matters under litigation or matters concerning the purchase, exchange, lease or value
of real property for a length of time not to exceed three minutes on a first-come, first-served basis. No
Council action or discussion is to be taken until such matter is placed on the Agenda and posted in
accordance with law.
CONSENT AGENDA
(All items on the Consent Agenda are routine items and may be approved with one motion; however,
should any member of the City Council or any individual wish to discuss any item, said item may be
removed from the Consent Agenda by motion of the City Council.)
2 16-2510 Minutes of the regular City Council meeting held December 19, 2016.
Attachments: December 19, 2016, Minutes
3 17-2521 An ordinance amending Chapter 9 of the City Code to reflect the revised
restricted parking times along Front Street.
Attachments: Ordinance
4 17-2516 An ordinance providing for the partial abandonment of a 15-foot-wide
drainage easement located at Town East Mall to accommodate the
construction of a proposed retail development.
Attachments: Ordinance
Abandonment Request
5 17-2518 An ordinance providing for the partial abandonment of a 10-foot-wide
sanitary sewer easement located at West Mesquite High School at the
northwest corner of South Peachtree Road and Memorial Boulevard.
Attachments: Ordinance
Abandonment Request
6 17-2522 A resolution authorizing the exchange of property in the vicinity of the
intersections of Memorial Boulevard and Stadium Drive with North
Peachtree Road with the Mesquite Independent School District (MISD) and
authorizing the Mayor to execute the exchange agreement with MISD for
such purpose.
Attachments: Location Map
Resolution
7 17-2513 Bid No. 2016-094 - Annual Dry Cleaning Services for Police Department
Uniforms.
(Staff recommends all bids be rejected and rebid at a later date.)
Attachments: Bid Tabulation
City of Mesquite, Texas Page 2 Tuesday, January 3, 2017
City Council Meeting Agenda January 3, 2017
8 16-2481 Bid No. 2017-026 - Purchase of Six 4-Door Sedans.
(Staff recommends award to Silsbee Ford, in Silsbee, Texas, through the
Texas Procurement and Support Services [TPASS] Contract No. 072-A1,
sponsored by the Texas Smart Buy, in the amount of $113,240.00.)
9 16-2511 Bid No. 2017-028 - Purchase of Ford Camera Van.
(Staff recommends award to Chastang Ford, in Houston, Texas, for a Ford
F550 chassis through the Houston-Galveston Area Council of Governments
Cooperative Purchasing Program Contract No. HT06-16, in the amount of
$41,896.00 and award to Cues, Inc., in Orlando, Florida, for a Cues
Wastewater Line Camera Van through the Houston-Galveston Area Council
of Governments Cooperative Purchasing Program Contract No. SC01-15, in
the amount of $143,355.40, for a total amount of $185,251.40.)
Attachments: Camera Van Photo
10 16-2509 Bid No. 2017-030 - Purchase of Twelve Heavy Duty Trucks.
(Staff recommends award to MHC Kenworth, in Dallas, Texas, through
BuyBoard Contract No. 526-16, sponsored by the Texas Association of
School Boards, in the amount of $1,515,131.20.)
Attachments: Dump Truck
20 Yard Rear Loader
Brush Truck Photo
Transfer Truck Tractor Photo
Cab and Chassis with Utility Body Photo
Injection Pothole Patcher Photo
11 16-2507 Approve Amendment No. 2 to the 2016-17 Police Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and
Chapter 59 of the Texas Code of Criminal Procedure in the amount of
$350,800.00.
Attachments: Seizure Amendment No. 2
12 16-2506 Approve Amendment No. 3 to the 2016-17 Police Seizure Budget in
accordance with Title 28, Section 524 of the United States Code and
Chapter 59 of the Texas Code of Criminal Procedure in the amount of
$2,000.00.
Attachments: Seizure Amendment No. 3
13 17-2520 Authorize the City Manager to finalize and execute a Professional
Engineering Services Contract with Walter P. Moore and Associates, Inc.,
for the survey, engineering design and preparation of bid and construction
documents for streambank erosion protection of large diameter sanitary
sewer trunk mains located on South Mesquite Creek north of Faithon P.
Lucas, Sr., Boulevard, in the amount of $76,000.00.
Attachments: Location Map
City of Mesquite, Texas Page 3 Tuesday, January 3, 2017
City Council Meeting Agenda January 3, 2017
APPOINTMENTS TO BOARDS AND COMMISSIONS
14 17-2519 Consider appointment of two members to the Historic Mesquite, Inc., Board
of Directors, representing Place 2 and Place 4, for terms to expire
December 31, 2017, and December 31, 2019, respectively.
Attachments: Rose Grimsley
ADJOURNMENT
City of Mesquite, Texas Page 4 Tuesday, January 3, 2017
City Council Meeting Agenda January 3, 2017
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
8. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing wholesale rates
implemented by the North Texas Municipal Water District, PUC Docket No. 46662 - Filed 12-14-16
Real Property
Pursuant to Section 551.072 of the Texas Government Code, the City Council will meet in closed session to
consider the purchase, exchange, lease or value of real property. The following subjects may be
discussed:
15 17-2523 Discuss offer to purchase property along Berry Road.
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:
16 17-2514 Discuss economic development incentives for a prospective restaurant on
Towne Crossing Boulevard.
Personnel Matters
City of Mesquite, Texas Page 5 Tuesday, January 3, 2017
City Council Meeting Agenda January 3, 2017
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.
• Discuss annual review of City Attorney.
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 6 Tuesday, January 3, 2017
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