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City Council

Regular Meeting

Mesquite, TX · November 6, 2017

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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

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