City Council
Regular MeetingMesquite, TX · November 6, 2017
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, November 6, 2017 5:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Jeff Casper, Dan Aleman, Robert Miklos, Bruce
Archer, Greg Noschese and Tandy Boroughs, City Manager Cliff Keheley and City Secretary Sonja
Land.
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 Receive briefing regarding Service Plans and other issues in connection with
the proposed annexation.
2 Discuss the acceptance of a donation of property located on IH 20.
Council directed staff to explore additional options and bring back for
consideration at a future City Council meeting.
3 Receive briefing regarding Public Improvement Districts.
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:04 P.M.
INVOCATION
Mike Pettitt, Lead Pastor, Connection Pointe Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Salute to Service Participants.
SPECIAL ANNOUNCEMENTS
(1) Mayor Pickett requested a moment of silence to remember the victims of the Sutherland Springs,
Texas, church tragedy.
(2) Mr. Aleman and Mr. Archer thanked City staff who participated in the Rollingwood Hills neighborhood
cookout this past Saturday, November 4, 2017.
(3) Mr. Aleman invited residents to participate in a trash pickup this Saturday, November 11, 2017, at
10:30 a.m. at Rutherford Elementary School.
City of Mesquite, Texas Page 1
City Council Minutes - Final November 6, 2017
(4) Mr. Pickett thanked veterans for their service to our country and for participating in the Veteran ’s
Day service held yesterday, Sunday, November 5, 2017.
(5) Mr. Pickett announced that a community-wide effort to build a Veterans Memorial will be launched
on Saturday, November 11, 2017, from 5:00 p.m. to 7:30 p.m. at City Lake Park, 403 South Galloway
Avenue. The Mesquite Veterans Memorial “Picnic in the Park” kick-off event will feature a free picnic
dinner provided by the Mesquite Fire Corps and a concert by the Dallas Heritage Band. He invited all
citizens to attend this family friendly event.
CITIZENS FORUM
Allison Marable, 815 Sumner Drive, expressed concerns regarding various issues in her neighborhood.
PRESENTATION
4 Presentation to City employees who have served in the United States Armed
Forces, in honor of Veterans Day.
Mayor Pickett and City Councilmembers recognized the following City employees
who have served in the United States Armed Forces: (1) Dustan Barrett, Army, 6
years, Staff Sergeant; (2) Cindy Carlo, Air Force, 4 years, Sergeant; (3) Charles
Cato, Army, 10 years, Captain; (4) Reid Choate, Marine Corps, 8 years, Staff
Sergeant; (5) Kevin Dodge, Army, 6 years, Specialist; (6) Mario Duran, Army, 5
years, Specialist; (7) David Gill, Army, 6 years, Sergeant; (8) Emmett Green, Air
Force, 8 years, Sergeant; (9) Aaron Hall, Marine Corps, 5 years, Sergeant; (10)
Mark Kerby, Navy Reserve, 9 years, Petty Officer Second Class; (11) Paul Pecena,
Army National Guard, 26 years, Lieutenant Colonel; (12) Robert Reitz, Army, 22
years, Sergeant; (13) Alberto Rodriquez, Navy, 23 years, Petty Officer First Class;
(14) Ricardo Rodriguez, Army, 4 years, Specialist; (15) Travis Royal, Army, 6
years, Specialist; (16) Josh Troquille, Air Force, 4 years, Senior Airman; and (17)
Christopher Wylie, Marine Corps, 8 years and currently serving in the Reserves,
Staff Sergeant.
CONSENT AGENDA
Approval of the Consent Agenda
Mr. Boroughs requested that Item No. 7 be removed from the Consent Agenda to
be considered separately. Mr. Noschese requested that Item Nos. 10-12 be
removed from the Consent Agenda to be considered separately. Mr. Aleman
moved to approve the remaining items on the Consent Agenda, as follows.
Motion was seconded by Mr. Casper and approved unanimously.
5 Minutes of the regular City Council meeting held October 16, 2017.
Approved on the Consent Agenda.
6 A resolution authorizing the Mayor to execute the 2017 Homeland Security Grant
Sub-Recipient Agreements with the Office of the Governor, Texas Homeland
Security State Administrative Agency in the amount of $151,600.00.
Approved on the Consent Agenda.
City of Mesquite, Texas Page 2
City Council Minutes - Final November 6, 2017
Resolution No. 53-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE THE 2017
HOMELAND SECURITY GRANT SUBRECIPIENT AGREEMENTS WITH THE OFFICE
OF THE GOVERNOR, TEXAS HOMELAND SECURITY STATE ADMINISTRATIVE
AGENCY IN THE AMOUNT OF $151,600.00; AND DESIGNATING THE FIRE CHIEF AS
THE RESPONSIBLE OFFICER FOR THE PURPOSE OF SIGNING ALL SUBORDINATE
DOCUMENTS ASSOCIATED WITH THESE GRANTS. (Resolution No. 53-2017
recorded in Resolution Book No. 51.)
8 A resolution calling a special City Council meeting for Monday, November 13,
2017, and setting the date, time and place for an additional public hearing on the
proposed annexation of certain property in the extraterritorial jurisdiction.
Approved on the Consent Agenda.
Resolution No. 54-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, CALLING A SPECIAL CITY COUNCIL MEETING FOR MONDAY,
NOVEMBER 13, 2017; SETTING THE DATE, TIME AND PLACE FOR AN ADDITIONAL
PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY
THE CITY OF MESQUITE, TEXAS; AND AUTHORIZING AND DIRECTING THE CITY
SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. (Resolution No.
54-2017 recorded in Resolution Book No. 51.)
9 A. Suspension of Rule 2.11 of the City Council Rules of Procedure to consider
an amendment to Rule 3.1 of the City Council Rules of Procedure.
B. A resolution amending Rule 3.1 of the City Council Rules of Procedure to
add two regular City Council meetings in the month of November of each year,
the first additional regular City Council meeting to be held on the second
Tuesday of each November unless otherwise changed or cancelled and the
second additional regular City Council meeting to be held on the last Thursday
of each November unless otherwise changed or cancelled.
Approved on the Consent Agenda.
Resolution No. 55-2017, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MESQUITE, TEXAS, ADDING TWO REGULAR CITY COUNCIL MEETINGS IN THE
MONTH OF NOVEMBER OF EACH YEAR, AMENDING RULE 3.1 OF THE CITY
COUNCIL’S RULES OF PROCEDURE, AS AMENDED, AND ESTABLISHING AN
EFFECTIVE DATE. (Resolution No. 55-2017 recorded in Resolution Book No. 51.)
13 RFP No. 2017-090 - IT Asset Management and Electronics Recycling Services.
(Authorize the City Manager to finalize and execute a contract with Electronic
Recyclers, Inc.)
Approved on the Consent Agenda.
14 Bid No. 2018-012 - Mill and Overlay for Bruton Road, Northwest Drive and
Kearney Street.
(Authorize the City Manager to finalize and execute a contract with low bidder
Oldcastle Material Texas, Inc., dba TexasBit, in the amount of $1,327,404.23.)
Approved on the Consent Agenda.
City of Mesquite, Texas Page 3
City Council Minutes - Final November 6, 2017
15 RFP No. 2018-014 - Retiree Medicare Supplement Plan.
(Authorize the City Manager to finalize and execute the necessary documents
with Group Administrative Concepts, Inc., utilizing the United American/Express
Scripts option for Post-65 Retiree Medical and Prescription Drug Plan, effective
January 1, 2018.)
Approved on the Consent Agenda.
16 Bid No. 2018-016 - Annual Avaya Telephone System Maintenance.
(Staff recommends award to Lantana, Inc., through the Texas Department of
Information Resources Contract No. DIR-SDD-2654 in the amount of
$50,769.18.)
Approved on the Consent Agenda.
17 Bid No. 2018-019 - Purchase of Fifteen Police Vehicles and Equipment.
(Staff recommends award to Silsbee Ford in Silsbee, Texas, through Tarrant
County Contract No. 2016-006 in the amount of $224,913.50 for the purchase of
seven Ford Police Interceptors; to Cowboy Chrysler Dodge Jeep Ram in
Silsbee, Texas, through the Houston-Galveston Area Council of Governments
Cooperative Purchasing Program Contract No. VE11-15, in the amount of
$200,916.00 for the purchase of eight Dodge Charger Police Vehicles and to
Defender Supply through Tarrant County Contract No. 2015-156, in the amount
of $106,125.21 for the purchase of emergency equipment for Police Vehicles,
for a total amount of $531,954.71.)
Approved on the Consent Agenda.
18 Bid No. 2018-020 - Fiber Optic Link for Fire Station No. 4.
(Staff recommends award to Future Telecom, Inc., through an Interlocal
Cooperative-Purchasing Agreement with Mesquite Independent School District,
in the amount of $67,803.75.)
Approved on the Consent Agenda.
19 Authorize the City Manager to finalize and execute a contract amendment with
Tyler Technologies for the purchase of a payroll module (sole source provider)
and time and attendance system (RFP No. 2017-112) to be added to the
existing financial Enterprise Resource Planning (ERP) system in the total
amount of $174,780.00.
Approved on the Consent Agenda.
CONSENT AGENDA ITEMS CONSIDERED SEPARATELY
END OF CONSENT AGENDA
7 A resolution amending Resolution No. 48-2017 and No. 49-2017, approved by
the City Council on October 16, 2017, by revising the Exhibit “A” attached to the
resolutions and reducing the areas in the Mesquite extraterritorial jurisdiction
proposed for annexation by the City.
Richard Gertson, Director of Planning and Development Services, displayed
City of Mesquite, Texas Page 4
City Council Minutes - Final November 6, 2017
Exhibit “A” of the proposed resolution and reviewed the reduction in Annexation
Areas I and III in the Mesquite extraterritorial jurisdiction proposed for
annexation.
Mr. Boroughs moved to approve Resolution No. 56-2017, with modifications to
remove the properties on the west side of Lawson Road from Annexation Area I
and remove the properties on the southwest side of FM 2757 from Annexation
Area II. The motion failed for lack of a second.
Mr. Noschese moved to approve Resolution No. 56-2017, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AMENDING RESOLUTION
NOS. 48-2017 AND 49-2017 BY REVISING THE EXHIBIT “A” ATTACHED TO THE
RESOLUTIONS AND REDUCING THE AREAS IN ITS EXTRATERRITORIAL
JURISDICTION PROPOSED FOR ANNEXATION BY THE CITY; AND PROVIDING AN
EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Miklos. On call for a
vote on the motion, the following votes were cast:
Ayes: Noschese, Miklos, Casper, Archer, Aleman
Nayes: Pickett, Boroughs
Motion carried. (Resolution No. 56-2017 recorded in Resolution Book No. 51.)
10 A resolution authorizing the City Manager to finalize and execute a development
agreement with BDMR Development, LLC, and Polo Ridge Fresh Water Supply
District of Kaufman County regarding approximately 822.1 acres of land
generally located south of FM 740, west of FM 2757, and north of Kelly Road in
Kaufman County, Texas, located within the extraterritorial jurisdiction of the City
of Mesquite and being commonly referred to as “Polo Ridge” and authorizing the
City Manager to administer the agreement on behalf of the City.
Mr. Miklos left the meeting.
Mr. Noschese moved to postpone consideration of a resolution authorizing the
City Manager to finalize and execute a development agreement with BDMR
Development, LLC, and Polo Ridge Fresh Water Supply District of Kaufman
County regarding approximately 822.1 acres of land generally located south of
FM 740, west of FM 2757, and north of Kelly Road in Kaufman County, Texas,
located within the extraterritorial jurisdiction of the City of Mesquite and being
commonly referred to as “Polo Ridge” and authorizing the City Manager to
administer the agreement on behalf of the City. Motion was seconded by Mr.
Casper. On call for a vote on the motion, the following votes were cast:
Ayes: Noschese, Casper, Pickett, Archer, Aleman, Boroughs
Nayes: None
Abstentions: Miklos
Motion carried.
11 A resolution setting a public hearing under Section 372.009 of the Texas Local
Government Code for the creation of the Polo Ridge Public Improvement
District (PID) within the extraterritorial jurisdiction of the City of Mesquite, Texas,
and authorizing the issuance of notice by the City Secretary of Mesquite, Texas,
regarding the public hearing.
City of Mesquite, Texas Page 5
City Council Minutes - Final November 6, 2017
Mr. Noschese moved to approve Resolution No. 57-2017, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SETTING A PUBLIC HEARING
UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE FOR THE
CREATION OF THE POLO RIDGE PUBLIC IMPROVEMENT DISTRICT WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF MESQUITE, TEXAS; AND
AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF
MESQUITE, TEXAS, REGARDING THE PUBLIC HEARING. Motion was seconded by
Mr. Archer. On call for a vote on the motion, the following votes were cast:
Ayes: Noschese, Archer, Pickett, Casper, Aleman, Boroughs
Nayes: None
Abstentions: Miklos
Motion carried. (Resolution No. 57-2017 recorded in Resolution Book No. 51.)
12 A resolution setting a public hearing under Section 311.003 of the Texas Tax
Code for the creation of a Tax Increment Reinvestment Zone (TIRZ) within the
extraterritorial jurisdiction of the City of Mesquite, Texas; authorizing the
issuance of notice by the City Secretary of Mesquite, Texas, regarding the
public hearing; and directing the City to prepare a preliminary reinvestment zone
financing plan.
Mr. Archer moved to approve Resolution No. 58-2017, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, SETTING A PUBLIC HEARING
UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A
TAX INCREMENT REINVESTMENT ZONE (“TIRZ”) WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF MESQUITE, TEXAS; AUTHORIZING THE ISSUANCE
OF NOTICE BY THE CITY SECRETARY OF MESQUITE, TEXAS, REGARDING THE
PUBLIC HEARING; AND DIRECTING THE CITY TO PREPARE A PRELIMINARY
REINVESTMENT ZONE FINANCING PLAN. Motion was seconded by Mr. Noschese.
On call for a vote on the motion, the following votes were cast:
Ayes: Archer, Noschese, Pickett, Casper, Aleman, Boroughs
Nayes: None
Abstentions: Miklos
Motion carried. (Resolution No. 58-2017 recorded in Resolution Book No. 51.)
RECEIPT OF RESIGNATION
20 Receive resignation from Marvin Haar as a member of the Board of
Adjustment/Automated Traffic Signal Enforcement Advisory Committee.
Mr. Miklos entered the meeting.
Mr. Archer moved to accept the resignation of Marvin Haar as a member of the
Board of Adjustment/Automated Traffic Signal Enforcement Advisory Committee.
Motion was seconded by Mr. Aleman and approved unanimously.
APPOINTMENTS TO BOARDS AND COMMISSIONS
21 Consider appointment of two representatives to attend the City /School Joint Tax
Office Advisory Board meeting on Wednesday, December 6, 2017, at 9:30 a.m.
City of Mesquite, Texas Page 6
City Council Minutes - Final November 6, 2017
Mr. Casper moved to appoint Bruce Archer and Tandy Boroughs 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 6, 2017, at 9:30 a.m. Motion
was seconded by Mr. Noschese and approved unanimously.
22 Consider appointment of Rachel Lopez to the Personnel/Trial Board for a term
to expire November 7, 2020, and confirmation of appointment by the City
Manager of Rachel Lopez to continue to serve as a member of the City of
Mesquite Fire Fighters’ and Police Officers’ Civil Service Commission for a term
to expire November 7, 2020.
Mr. Aleman moved to appoint Rachel Lopez as a member of the Personnel/Trial
Board for a term to expire November 7, 2020, who will also serve on the Civil
Service Commission. Motion was seconded by Mr. Noschese and approved
unanimously.
23 Consider appointment of three regular members and one alternate member to
the Mesquite Housing Board for terms to expire December 3, 2019.
Mr. Archer moved to appoint Michael Garvey, Patrick Patterson, Barbara Rojas as
regular members of the Mesquite Housing Board and to appoint Marian Square
as an alternate member, all for terms to expire December 3, 2019. Motion was
seconded by Mr. Casper and approved unanimously.
PUBLIC HEARINGS
24 Conduct a public hearing and consider a resolution approving the terms and
conditions of a program (Chapter 380 Agreement) to promote local economic
development and stimulate business and commercial activity in the City and
authorizing the City Manager to finalize and execute an agreement for such
purposes with Town East Mall, LLC, for a proposed public amenity to be located
within Town East Mall.
A public hearing was held to consider a Chapter 380 agreement with Town East
Mall, LLC, regarding a proposed public amenity to be located within Town East
Mall.
David Witcher, Director of Economic Development, stated that Town East Mall
has requested the City of Mesquite and Mesquite Independent School District
(MISD) jointly participate in a reimbursement of $150,000 from the Towne Centre
Tax Increment Finance Reinvestment No. Two funds for a public amenity project
at Town East Mall.
Jack Love, General Manager of Town East Mall, stated that the proposed project
consists of an interior children’s public play area to provide recreational and
educational amenities. MISD is leading a campaign to ensure all children are on
grade level reading by third grade. Mr. Love reviewed the elements of the play
area and how the project supports MISD’s ReadPlayTalk initiative.
No one appeared regarding the Chapter 380 agreement.
Councilmembers expressed support of the proposed play area.
Mr. Noschese moved to approve Resolution No. 59-2017, A RESOLUTION OF THE
City of Mesquite, Texas Page 7
City Council Minutes - Final November 6, 2017
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY,
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT
FOR SUCH PURPOSES WITH TOWN EAST MALL, LLC, FOR A PROPOSED PUBLIC
PLAY AREA TO BE LOCATED WITHIN TOWN EAST MALL IN MESQUITE, TEXAS,
AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE AGREEMENT ON
BEHALF OF THE CITY. Motion was seconded by Mr. Archer and approved
unanimously. (Resolution No. 59-2017 recorded in Resolution Book No. 51.)
25 Conduct a public hearing and consider an ordinance for Application No .
Z0917-0013, submitted by Srini Uyyalada, for a change of zoning from
Commercial to Commercial with a conditional use permit on property located at
6500 Town East Mall to allow Indoor Recreation (motorized children’s rides).
(One response in favor of the application has been received from property
owners within the statutory notification area. The Planning and Zoning
Commission recommends approval with certain stipulations.)
A public hearing was held for Application No. Z0917-0013.
Jeff Armstrong, Assistant Director of Planning and Development Services, stated
that the applicant is requesting to operate an indoor amusement business that
offers motorized children rides and temporary henna tattoos in Town East Mall
on the second level, just outside of the Sears store. The temporary henna tattoos
are part of the proposed business and are permitted-by-right. Therefore, only the
animal rides require a Conditional Use Permit. The business will be located
within a fenced area designated by Town East Mall. The rides are small
electronic motorized vehicles made to look like various animals and can operate
at speeds up to five miles per hour; however, the speed is controlled by the
business operator. The applicant also operates locations at the Collin Creek Mall
in Plano and at a Houston area mall.
Applicant Srini Uyyalada stated that the majority of the business consists of
animal rides. He is in negotiations with Town East Mall for a one-year lease,
depending on the outcome of the Conditional Use Permit.
No one appeared regarding the application.
Mr. Casper moved to approve Application No. Z0917-0013, as recommended by
the Planning and Zoning Commission, with the following stipulation:
1. The animal rides shall be operated within a fenced-in area as designated by
Town East Mall.
And to approve Ordinance No. 4520, AN ORDINANCE OF THE CITY OF MESQUITE,
TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON
SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, SO AS TO
APPROVE A CONDITIONAL USE PERMIT ON PROPERTY ZONED COMMERCIAL
WITHIN THE TOWN EAST RETAIL AND RESTAURANT AREA (TERRA) OVERLAY
DISTRICT ON PROPERTY LOCATED AT 6500 TOWN EAST MALL; ALLOWING AN
INDOOR RECREATION USE (MOTORIZED ANIMAL RIDES) AT TOWN EAST MALL
SUBJECT TO A CERTAIN STIPULATION; REPEALING ALL ORDINANCES IN
CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN
City of Mesquite, Texas Page 8
City Council Minutes - Final November 6, 2017
EMERGENCY. Motion was seconded by Mr. Archer. On call for a vote on the
motion, the following votes were cast:
Ayes: Casper, Archer, Pickett, Miklos, Aleman, Boroughs
Nayes: Noschese
Motion carried. (Ordinance No. 4520 recorded in Ordinance Book No. 109.)
26 Conduct a public hearing and consider a resolution approving the terms and
conditions of a program (Chapter 380 Agreement) to promote local economic
development and stimulate business and commercial activity in the City and
authorizing the City Manager to finalize and execute an agreement for such
purposes with Morben Realty Co., Inc., for a proposed public water line and
retail development to be located at 2021 North Town East Boulevard.
A public hearing was held to consider a Chapter 380 agreement with Morben
Realty Co., Inc., regarding a proposed public water line and retail development
to be located at 2021 North Town East Boulevard.
Kim Buttram, Assistant Director of Economic Development, stated that the Town
East Crossing Shopping Center applied for assistance with construction of a
water line that is to be dedicated to the city.
Mark Cohen, CenterPoint Commercial Properties, stated that the Town East
Crossing Shopping Center was constructed in 1972 and has recently been
redeveloped with Guitar Center, Conn’s, Gatti’s Pizza and Fitness Connection.
There was an eight-inch failed water line along the northern edge of the property
that required reconstruction as it serves additional properties in the area. The
center’s infrastructure has been completely replaced with the exception of the
original structural support. Mr. Cohen stated that they are requesting City
participation for reimbursement of a portion of the costs associated with the
water line replacement, which will be dedicated to the City.
Councilmembers expressed appreciation to the applicant for investing in
Mesquite.
No others appeared regarding the Chapter 380 agreement.
Mr. Noschese moved to approve Resolution No. 60-2017, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPROVING THE TERMS AND
CONDITIONS OF A PROGRAM TO PROMOTE LOCAL ECONOMIC DEVELOPMENT
AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY,
AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE AN AGREEMENT
FOR SUCH PURPOSES WITH MORBEN REALTY CO., INC., FOR A PROPOSED
PUBLIC WATER LINE AND MAJOR RENOVATION AND REDEVELOPMENT OF A
RETAIL SHOPPING CENTER LOCATED AT 2021 NORTH TOWN EAST BOULEVARD,
MESQUITE, TEXAS, AND AUTHORIZING THE CITY MANAGER TO ADMINISTER THE
AGREEMENT ON BEHALF OF THE CITY. Motion was seconded by Mr. Casper and
approved unanimously. (Resolution No. 60-2017 recorded in Resolution Book No.
51.)
27 Conduct a public hearing for the purpose of considering annexation of
approximately 5.714 square miles of territory within the City of Mesquite’s
extraterritorial jurisdiction.
City of Mesquite, Texas Page 9
City Council Minutes - Final November 6, 2017
(This is the fourth public hearing to be held to consider annexation of
approximately 5.714 square miles of territory within the City’s extraterritorial
jurisdiction.)
A public hearing was held for considering annexation of approximately 5.714
square miles of territory within the City of Mesquite’s extraterritorial jurisdiction.
The following persons spoke in opposition of the proposed annexation: (1) Joey
Orr, 2621 FM 741, Crandall; (2) John Wasson, 10063 Mustang Run, Forney; (3) John
Vick representing State Senator Bob Hall, 6537 Horizon Road, Rockwall; (4) Wes
Crenshaw, P.O. Box 905, Forney; (5) Patsy Crenshaw, P.O. Box 905, Forney; (6)
Toby Saunders, 7013 FM 2757, Crandall; (7) Whitney Saunders, 7013 FM 2757,
Crandall; (8) Sean Maness, 218 Molina Drive, Sunnyvale; (9) Evelyn Hamilton,
11559 FM 2932, Forney; (10) Kim Singleton, 1525 Lawson Road, Mesquite; (11) Pat
Kelly, 15125 Kelly Road, Forney; (12) Ashley Kelly Edwards, 15125 Kelly Road,
Forney; (13) Pam Singleton, 1525 Lawson Road, Mesquite; (14) Ken Hill, 15530
Wiser Road, Forney; (15) Nancy Shaw, 9925 FM 740, Forney; (16) Kelly Crawford,
14750 Kelly Road, Forney; (18) Patty Dumas, 1541 Lawson Road, Mesquite; and
(19) Danny Baker, 7351 FM 2757, Crandall.
The following persons submitted registration cards expressing opposition to the
proposed annexation but did not wish to speak: (1) Lynn Eikenburg, Sherwood
Lane, Crandall; (2) Karen Beecham, 7449 FM 2757, Crandall; (3) Ron Beecham,
7449 FM 2757, Crandall; and (4) Peter Gaal, 14247 Kelly Road, Forney.
Bryan Odom, 1330 Buena Vista, Mesquite, spoke in support of the proposed
annexation.
Kristen Vines, 725 West Gross Street, Mesquite, submitted a registration card
expressing support for the proposed annexation but did not wish to speak.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 10:10 P.M.
Mayor Pickett announced that the City Council would meet 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 economic development incentives for a prospective industrial
business park in southeast Mesquite); whereupon, the City Council proceeded to meet in the Executive
Conference Room. After the closed meeting ended at 10:30 p.m., the City Council reconvened in Open
Session.
No executive action was necessary.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 10:30 P.M.
Mayor Pickett announced that the City Council met in Executive Session pursuant to Section 551.072 of
the Texas Government Code to discuss the purchase, exchange, lease or value of real property
(Discuss the acquisition of property on Galloway Avenue); whereupon, the City Council proceeded to
meet in the Executive Conference Room. After the closed meeting ended at 10:38 p.m., the City
Council reconvened in Open Session.
No executive action was necessary.
City of Mesquite, Texas Page 10
City Council Minutes - Final November 6, 2017
ADJOURNMENT
Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr. Casper
and approved unanimously. The meeting adjourned at 10:39 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 11
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, November 6, 2017 5:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
AGENDA REVIEW
STAFF PRESENTATIONS
1 17-3067 Receive briefing regarding Service Plans and other issues in connection
with the proposed annexation.
2 17-3069 Discuss the acceptance of a donation of property located on IH 20.
Attachments: Request Letter
3 17-3071 Receive briefing regarding Public Improvement Districts.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:00 P.M.
In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to
adjourn into executive session to discuss any of the following:
• Pending and/or Contemplated Litigation
• Purchase, Exchange, Lease or Value of Real Property
• Personnel Matters
• Economic Development
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
INVOCATION
Mike Pettitt, Lead Pastor, Connection Pointe Church, Mesquite, Texas.
PLEDGE OF ALLEGIANCE
Salute to Service Participants.
SPECIAL ANNOUNCEMENTS
This time is reserved for special announcements and recognition of individuals or groups.
City of Mesquite, Texas Page 1 Monday, November 6, 2017
City Council Meeting Agenda November 6, 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.
PRESENTATION
4 17-3059 Presentation to City employees who have served in the United States
Armed Forces, in honor of Veterans Day.
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 17-3048 Minutes of the regular City Council meeting held October 16, 2017.
Attachments: 10.16.2017m
6 17-3029 A resolution authorizing the Mayor to execute the 2017 Homeland
Security Grant Sub-Recipient Agreements with the Office of the Governor,
Texas Homeland Security State Administrative Agency in the amount of
$151,600.00.
Attachments: Resolution - Homeland Security
2017 Texas Homeland Security OOG Statements of Grant Project Awards (SOGA)
7 17-3062 A resolution amending Resolution No. 48-2017 and No. 49-2017,
approved by the City Council on October 16, 2017, by revising the Exhibit
“A” attached to the resolutions and reducing the areas in the Mesquite
extraterritorial jurisdiction proposed for annexation by the City.
Attachments: Resolution: Amending Annexation
8 17-3066 A resolution calling a special City Council meeting for Monday, November
13, 2017, and setting the date, time and place for an additional public
hearing on the proposed annexation of certain property in the
extraterritorial jurisdiction.
Attachments: Resolution - Call Special CC Mtg
9 17-3065 A. Suspension of Rule 2.11 of the City Council Rules of Procedure to
consider an amendment to Rule 3.1 of the City Council Rules of Procedure.
B. A resolution amending Rule 3.1 of the City Council Rules of Procedure
to add two regular City Council meetings in the month of November of
each year, the first additional regular City Council meeting to be held on
City of Mesquite, Texas Page 2 Monday, November 6, 2017
City Council Meeting Agenda November 6, 2017
the second Tuesday of each November unless otherwise changed or
cancelled and the second additional regular City Council meeting to be
held on the last Thursday of each November unless otherwise changed or
cancelled.
Attachments: Resolution - Rules of Procedure
10 17-3072 A resolution authorizing the City Manager to finalize and execute a
development agreement with BDMR Development, LLC, and Polo Ridge
Fresh Water Supply District of Kaufman County regarding approximately
822.1 acres of land generally located south of FM 740, west of FM 2757,
and north of Kelly Road in Kaufman County, Texas, located within the
extraterritorial jurisdiction of the City of Mesquite and being commonly
referred to as “Polo Ridge” and authorizing the City Manager to
administer the agreement on behalf of the City.
Attachments: Resolution
Concept Plan - 9/2017
11 17-3074 A resolution setting a public hearing under Section 372.009 of the Texas
Local Government Code for the creation of the Polo Ridge Public
Improvement District (PID) within the extraterritorial jurisdiction of the
City of Mesquite, Texas, and authorizing the issuance of notice by the City
Secretary of Mesquite, Texas, regarding the public hearing.
Attachments: Resolution
12 17-3075 A resolution setting a public hearing under Section 311.003 of the Texas
Tax Code for the creation of a Tax Increment Reinvestment Zone (TIRZ)
within the extraterritorial jurisdiction of the City of Mesquite, Texas;
authorizing the issuance of notice by the City Secretary of Mesquite, Texas,
regarding the public hearing; and directing the City to prepare a
preliminary reinvestment zone financing plan.
Attachments: Resolution
13 17-2994 RFP No. 2017-090 - IT Asset Management and Electronics Recycling
Services.
(Authorize the City Manager to finalize and execute a contract with
Electronic Recyclers, Inc.)
Attachments: Best Value Scoring Matrix
14 17-3053 Bid No. 2018-012 - Mill and Overlay for Bruton Road, Northwest Drive
and Kearney Street.
(Authorize the City Manager to finalize and execute a contract with low
bidder Oldcastle Material Texas, Inc., dba TexasBit, in the amount of
$1,327,404.23.)
Attachments: Bid Tabulation
15 17-3051 RFP No. 2018-014 - Retiree Medicare Supplement Plan.
City of Mesquite, Texas Page 3 Monday, November 6, 2017
City Council Meeting Agenda November 6, 2017
(Authorize the City Manager to finalize and execute the necessary
documents with Group Administrative Concepts, Inc., utilizing the United
American/Express Scripts option for Post-65 Retiree Medical and
Prescription Drug Plan, effective January 1, 2018.)
Attachments: 2018 Medicare Supplement Proposed Rates.pdf
16 17-3036 Bid No. 2018-016 - Annual Avaya Telephone System Maintenance.
(Staff recommends award to Lantana, Inc., through the Texas Department
of Information Resources Contract No. DIR-SDD-2654 in the amount of
$50,769.18.)
Attachments: Quote
17 17-3050 Bid No. 2018-019 - Purchase of Fifteen Police Vehicles and Equipment.
(Staff recommends award to Silsbee Ford in Silsbee, Texas, through
Tarrant County Contract No. 2016-006 in the amount of $224,913.50 for
the purchase of seven Ford Police Interceptors; to Cowboy Chrysler
Dodge Jeep Ram in Silsbee, Texas, through the Houston-Galveston Area
Council of Governments Cooperative Purchasing Program Contract No.
VE11-15, in the amount of $200,916.00 for the purchase of eight Dodge
Charger Police Vehicles and to Defender Supply through Tarrant County
Contract No. 2015-156, in the amount of $106,125.21 for the purchase of
emergency equipment for Police Vehicles, for a total amount of
$531,954.71.)
18 17-3052 Bid No. 2018-020 - Fiber Optic Link for Fire Station No. 4.
(Staff recommends award to Future Telecom, Inc., through an Interlocal
Cooperative-Purchasing Agreement with Mesquite Independent School
District, in the amount of $67,803.75.)
Attachments: Future Telecom Estimate
19 17-3055 Authorize the City Manager to finalize and execute a contract amendment
with Tyler Technologies for the purchase of a payroll module (sole source
provider) and time and attendance system (RFP No. 2017-112) to be
added to the existing financial Enterprise Resource Planning (ERP) system
in the total amount of $174,780.00.
RECEIPT OF RESIGNATION
20 17-3073 Receive resignation from Marvin Haar as a member of the Board of
Adjustment/Automated Traffic Signal Enforcement Advisory Committee.
Attachments: Resignation - Marvin Haar
APPOINTMENTS TO BOARDS AND COMMISSIONS
21 17-3014 Consider appointment of two representatives to attend the City/School
Joint Tax Office Advisory Board meeting on Wednesday, December 6,
2017, at 9:30 a.m.
City of Mesquite, Texas Page 4 Monday, November 6, 2017
City Council Meeting Agenda November 6, 2017
Attachments: History of Appointments
22 17-3017 Consider appointment of Rachel Lopez to the Personnel/Trial Board for a
term to expire November 7, 2020, and confirmation of appointment by the
City Manager of Rachel Lopez to continue to serve as a member of the City
of Mesquite Fire Fighters’ and Police Officers’ Civil Service Commission for
a term to expire November 7, 2020.
23 17-3046 Consider appointment of three regular members and one alternate
member to the Mesquite Housing Board for terms to expire December 3,
2019.
Attachments: Personal Data Form
PUBLIC HEARINGS
24 17-2911 Conduct a public hearing and consider a resolution approving the terms
and conditions of a program (Chapter 380 Agreement) to promote local
economic development and stimulate business and commercial activity in
the City and authorizing the City Manager to finalize and execute an
agreement for such purposes with Town East Mall, LLC, for a proposed
public amenity to be located within Town East Mall.
Attachments: Resolution - Town East Mall
Chapter 380 Agreement Summary-Town East Mall
25 17-3054 Conduct a public hearing and consider an ordinance for Application No.
Z0917-0013, submitted by Srini Uyyalada, for a change of zoning from
Commercial to Commercial with a conditional use permit on property
located at 6500 Town East Mall to allow Indoor Recreation (motorized
children’s rides).
(One response in favor of the application has been received from
property owners within the statutory notification area. The Planning and
Zoning Commission recommends approval with certain stipulations.)
Attachments: Case Summary
Staff Report
Minutes
Ordinance - ZO917-0013
26 17-3057 Conduct a public hearing and consider a resolution approving the terms
and conditions of a program (Chapter 380 Agreement) to promote local
economic development and stimulate business and commercial activity in
the City and authorizing the City Manager to finalize and execute an
agreement for such purposes with Morben Realty Co., Inc., for a proposed
public water line and retail development to be located at 2021 North
Town East Boulevard.
City of Mesquite, Texas Page 5 Monday, November 6, 2017
City Council Meeting Agenda November 6, 2017
Attachments: Resolution - Morben Realty
Chapter 380 Agreement Summary
27 17-3063 Conduct a public hearing for the purpose of considering annexation of
approximately 5.714 square miles of territory within the City of
Mesquite’s extraterritorial jurisdiction.
(This is the fourth public hearing to be held to consider annexation of
approximately 5.714 square miles of territory within the City’s
extraterritorial jurisdiction.)
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to
consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects
may be discussed:
1. 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
2. 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
3. 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
4. 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
5. Govind Group Corporation; Sorrent, LLC; Hannuman Holdings, LLC; OM SRI SAI Krishna Investment
Properties, Inc.; Shiv Alpha Strip Corporation; Tejas Motel, LLC; and SAI JDV Hotels, LLC v. The City of
Mesquite, Texas; and Cliff Keheley, City Manager of the City of Mesquite, Texas – Filed 1-5-17
6. Scott Damon Richardson v. Darren Marsack and County of Dallas a.k.a., d.b.a. Dallas County, Inc., Dallas,
Texas 75042 and John Doe 1 – 5 As yet to be discovered and Jane Doe 1 – 5 As yet to be discovered – Filed
2-6-17
7. Jojoba Assets, LLC v. City of Mesquite – Filed 5-5-17
8. Luna Properties LLC & F & M Properties Inc. v. City of Mesquite – Filed 6-8-17
City of Mesquite, Texas Page 6 Monday, November 6, 2017
City Council Meeting Agenda November 6, 2017
9. Matthew Dunlap v. Jose Alcala and the City of Mesquite - Filed 7-17-17
10. Scott Damon Richardson v. Stephen Crane – Filed 8-10-17
11. Scott Damon Richardson v. Detra Hill – Filed 8-10-17
12. Scott Damon Richardson v. Darren Marsack – Filed 8-10-17
13. Christopher Acoff v. City of Mesquite – Filed 8-25-17
14. Mohamed Bedran v. City of Mesquite – Filed 9-26-17
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:
28 17-3070 Discuss the acquisition of property on Galloway Avenue.
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.
• Annual review of City Manager
• Annual review of City Secretary
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:
29 17-3022 Discuss economic development incentives for a prospective industrial
business park in southeast Mesquite.
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.
City of Mesquite, Texas Page 7 Monday, November 6, 2017
City Council Meeting Agenda November 6, 2017
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 8 Monday, November 6, 2017
Get email alerts for Mesquite
A daily email when new agendas and minutes are posted.