City Council Tuesday, 4:00 PM City Hall Council Chamber 757 N. Galloway Mesquite, Texas Present: Mayor Stan Pickett and Councilmembers Greg Noschese, Bruce Archer, Bill Porter, Jeff Casper, Shirley Roberts and Dennis Tarpley, City Manager Ted Barron and City Secretary Sonja Land. PRE-MEETING - COUNCIL CONFERENCE ROOM - 4:00 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding annual investment activity and proposed changes to the City s Investment Policy. 2 Discuss property exchange with Mesquite Independent School District for Florence and Seabourn Elementary Schools. It was Council consensus to consent to the property exchanges. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:07 P.M. The City Council met in Executive Session pursuant to Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (consider economic development incentives for a business seeking to locate on Peachtree Road ); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 5:00 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:00 P.M. The City Council met in Executive Session pursuant to Section 551.074 of the Texas Government Code to consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other City employees (discuss the appointment of a City Manager); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 5:25 p.m., the City Council reconvened in Open Session. Executive action resulting from the closed session was taken later in the meeting. Page 1
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:33 P.M. 3 Receive financial statement for period covering October 1, 2014, through June 30, 2015. Debbie Mol, Director of Finance, presented the financial statement for period covering October 1, 2014, through June 30, 2015. The work session ended at 6:49 p.m. REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Mayor Pro Tem Greg Noschese. PLEDGE OF ALLEGIANCE Members of the Mesquite Citizens Police Academy Alumni Association. SPECIAL ANNOUNCEMENTS (1) Mr. Casper encouraged all residents to complete the online Animal Services survey on the City s website. The responses from this survey will help determine the future needs of Animal Services and the creation of a strategic plan. (2) Mr. Casper invited everyone to attend a Town Hall Meeting on Tuesday, October 6, 2015, at LaPrada Drive Church of Christ, 2724 LaPrada Drive, at 7:00 p.m. to discuss the Gus Thomasson project, Villas at Vanston Park and Vanston Park project. (3) Mr. Archer encouraged community support for the various organizations in Mesquite such as the Mesquite Citizens Police Academy Alumni, Crime Watch Groups and 911 dispatchers to keep Mesquite safe. (4) Ms. Roberts announced a grand opening will be held for the newly renovated Rutherford Recreation Center, 900 Rutherford Drive, on Thursday, September 10, 2015, at 7:00 p.m. She invited everyone to tour the facility and enjoy light refreshments. (5) Ms. Roberts encouraged everyone to attend the 9/11 Memorial Service on Friday, September 11, 2015, at Fire Station No. 1, 410 S. Galloway Avenue, at 8:30 a.m. (6) Ms. Roberts invited everyone to bring their family and friends to the Artisans and Farmer s Market in the Downtown Square this Saturday, September 12, 2015, from 9:00 a.m. to 2:00 p.m. The market offers a variety of locally grown produce, artisans/craftsman vendors, entertainment and much more. (7) Mr. Noschese announced that The Amazing Technicolor 5K Run, benefiting the Mesquite Independent School District (MISD) Education Foundation, Inc., and the Mesquite Education Association (MEA), will take place on Saturday, October 24, 2015, at 9:00 a.m. at the Mesquite Convention Center. Participants will wear white shirts and receive splashes of colored corn starch throughout the race with glitter added this year. He encouraged everyone to support the MISD and MEA by participating in this fun event. (8) Mayor Pickett invited everyone to participate in the semi-annual Don t Mess With Texas Trash Bash, hosted by Keep Mesquite Beautiful, Inc., this Saturday, September 12, 2015, from 9:00 a.m. to Noon, which will kick-off at City Lake Park. Page 2
(9) Mayor Pickett announced that the 11th annual Addressing Mesquite Day, hosted by the City of Mesquite and the Mesquite Ministerial Alliance, will take place on Saturday, October 10, 2015, to perform needed tasks for elderly and disabled residents. This year s goal is to perform yard work and make minor exterior repairs on 100 homes. Volunteers from various civic groups, churches and individuals are encouraged to participate in this worthwhile event. CITIZENS FORUM (1) Michael Smith, 1008 Old Barn Lane, and Thomas Hubacek, 1324 Fernwood Drive, expressed support for moving the City Council Pre-Meetings to the City Council Chambers and concerns regarding crime. (2) Ron Ward, 430 Running Brook Lane, expressed concerns regarding continual maintenance of apartment complexes. CONSENT AGENDA Approval of the Consent Agenda Mr. Archer requested that Item No. 9 be removed from the Consent Agenda to be considered separately. Ms. Roberts requested that Item No. 10 be removed from the Consent Agenda to be considered separately. Mr. Tarpley moved to approve the remaining items on the Consent Agenda, as follows. Motion was seconded by Mr. Archer and approved unanimously. 4 Minutes of the regular City Council meeting held August 17, 2015, and Special City Council meeting held August 31, 2015. 5 An ordinance amending Chapter 13 of the City Code pertaining to canopy displays. Ordinance No. 4378, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING THE DEFINITION OF CANOPY DISPLAY IN SECTION 13-1 IN ITS ENTIRETY AND ADDING A NEW DEFINITION FOR CANOPY DISPLAY IN SECTION 13-1; BY DELETING SECTION 13-73(7) IN ITS ENTIRETY AND ADDING A NEW SECTION 13-73(7) THEREBY UPDATING THE REGULATIONS ON CANOPY DISPLAYS; 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. 4378 recorded on page of Ordinance Book No. 105.) 6 A resolution authorizing the Mayor to execute a Joint Election Services Contract and Election Services Agreement with Dallas County Elections Department in connection with the Special Election to be held November 3, 2015. Page 3
Resolution No. 39-2015, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION CONTRACT AND ELECTION SERVICES AGREEMENT WITH DALLAS COUNTY ELECTIONS DEPARTMENT FOR THE SPECIAL ELECTION TO BE HELD NOVEMBER 3, 2015. (Resolution No. 39-2015 recorded on page of Resolution Book No. 48.) 7 A resolution authorizing the Mayor to execute a Contract for Election Services with Kaufman County in connection with the Special Election to be held November 3, 2015. Resolution No. 40-2015, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELECTION SERVICES WITH KAUFMAN COUNTY FOR THE SPECIAL ELECTION TO BE HELD NOVEMBER 3, 2015. (Resolution No. 40-2015 recorded on page of Resolution Book No. 48.) 8 RFP No. 2015-072 - Annual Contract for Veterinary Services for Adopted Animals. (Authorize the City Manager to execute a contract with Spay Neuter Network.) 11 Authorize the City Manager to execute a Memorandum of Understanding with the North Texas Municipal Water District for the development of a regional Capacity, Management, Operations, and Maintenance program. 12 Authorize the City Manager to execute a contract amendment to an engineering services contract with Freese and Nichols, Inc., for additional design services in conjunction with the Palos Verdes Dam and Lake Dam safety compliance and park drainage, erosion and parking improvements in the amount of $74,300.00. 13 Approve and ratify authorization of the Mayor to execute a Landlord Estoppel Agreement between the City of Mesquite and Atrium TRS III, LP for the benefit of JPMorgan Chase Bank, National Association regarding the Mesquite Convention Center lease. CONSENT AGENDA ITEMS CONSIDERED SEPARATELY 9 Bid No. 2015-077 - Heritage Square Parking Lot Renovation. (Authorize the City Manager to execute a contract with Pavecon Public Works, LP, in the amount of $77,616.00.) Mr. Archer stated that the renovation includes the parking lot, irrigation and electrical improvements. Page 4
Mr. Archer moved to authorize the City Manager to execute a contract for Bid No. 2015-077, Heritage Square Parking Lot Renovation, with Pavecon Public Works, LP, in the amount of $77,616.00. Motion was seconded by Mr. Casper. On call for a vote on the motion, the following votes were cast: Ayes: Archer, Casper, Pickett, Tarpley Nayes: None Abstention: Noschese, Porter, Roberts Motion carried. 10 Bid No. 2015-082 - Picnic Shelter Replacement at Hodges Park. (Authorize the City Manager to execute a contract with InSite Amenities in Fort Worth, Texas, through BuyBoard Contract No. 423-13, sponsored by the Texas Association of School Boards, in the amount of $79,220.75.) END OF CONSENT AGENDA Cliff Keheley, Assistant City Manager, stated that the Hodges Park Shelter was built in the 1970s and is in need of replacement. The metal structure will serve as the model for shelter replacement in the coming years and will be funded through the Mesquite Quality of Life Corporation. Ms. Roberts moved to authorize the City Manager to execute a contract for Bid No. 2015-082, Picnic Shelter Replacement at Hodges Park, with InSite Amenities in Fort Worth, Texas, through BuyBoard Contract No. 423-13, sponsored by the Texas Association of School Boards, in the amount of $79,220.75. Motion was seconded by Mr. Porter and approved unanimously. PUBLIC HEARINGS 14 Conduct a public hearing to receive input from citizens regarding the proposed fiscal year 2015-16 budget. A public hearing was held to receive input from citizens regarding the proposed fiscal year 2015-16 budget. Mayor Pickett stated that this is the third public hearing for the proposed fiscal year 2015-16 budget. No one appeared regarding the proposed fiscal year 2015-16 budget. Pickett declared the public hearing closed. Mayor 15 Conduct a public hearing regarding the proposed 2015-16 ad valorem tax rate of $.64 per $100 valuation. A public hearing was held regarding the proposed 2015-16 ad valorem tax rate of $.64 per $100 valuation. Mayor Pickett stated that the tax rate is not increasing for the eighth consecutive year. No one appeared regarding the proposed 2015-16 ad valorem tax rate of $.64 per $100 valuation. Mayor Pickett declared the public hearing closed. Page 5
Mayor Pickett announced that the vote on the proposed ad valorem tax rate for Fiscal Year 2016 will take place on Monday, September 21, 2015, at 7:00 p.m. in the Council Chamber at City Hall. 16 Conduct a public hearing to receive input from citizens regarding an update to the Water Conservation and Drought Contingency Plan as required by the Texas Commission on Environmental Quality. OTHER BUSINESS A public hearing was held to receive input from citizens regarding an update to the Water Conservation and Drought Contingency Plan as required by the Texas Commission on Environmental Quality. Tim James, Director of Public Works, stated that State law requires cities over 5,000 to maintain Water Conservation and Drought Contingency Plans. The plans updates have been developed in coordination with the North Texas Municipal Water District and its member cities with customization given to individual city s needs. The plans were coordinated with other major water suppliers across the region to bring cohesive terminology for the drought contingency stages. The Water Conservation plan focuses on long-term water supply and finding ways to better use water resources. The Drought Contingency Plan includes response measures on a short-term basis when drought conditions exist. The proposed changes eliminate voluntary reduction from both plans. The proposed Water Conservation Plan allows for twice a week watering and no watering between the hours of 10:00 a.m. and 6:00 p.m. The proposed Drought Contingency Plan has three stages with a five percent reduction goal in Stage 1. No one appeared regarding an update to the Water Conservation and Drought Contingency Plan as required by the Texas Commission on Environmental Quality. Mayor Pickett declared the public hearing closed. 17 Consider an ordinance providing funds for the fiscal year 2015-2016 by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the General and other revenues of the City of Mesquite for said fiscal year for the maintenance and operation of various departments and for various activities and improvements. Mr. Archer moved to postpone consideration of an ordinance providing funds for the fiscal year 2015-2016 by adopting and approving the budget for said period and appropriating and setting aside the necessary funds out of the General and other revenues of the City of Mesquite for said fiscal year for the maintenance and operation of various departments and for various activities and improvements. Motion was seconded by Mr. Tarpley and approved unanimously. 18 Consider an ordinance ratifying the increase in property tax revenue reflected in the fiscal year 2015-16 budget. Mr. Archer moved to postpone consideration of an ordinance ratifying the increase in property tax revenue reflected in the fiscal year 2015-16 budget. Motion was seconded by Mr. Tarpley and approved unanimously. Page 6
19 Consider an ordinance, on first reading, amending Chapter 11 of the City Code amending the municipal drainage utility system rates, effective October 1, 2015. Mr. Tarpley moved to approve AN ORDINANCE, ON FIRST READING, OF THE CITY OF MESQUITE, TEXAS, AMENDING CHAPTER 11 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING SECTION 11-42(a) IN ITS ENTIRETY AND ADDING A NEW SECTION 11-42(a) THEREBY AMENDING THE MUNICIPAL DRAINAGE UTILITY SYSTEM RATES; ESTABLISHING OCTOBER 1, 2015, AS THE DATE SUCH RATES BECOME EFFECTIVE; PROVIDING A REPEALER CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. Motion was seconded by Mr. Archer and approved unanimously. 20 Consider an ordinance amending Chapter 14 of the City Code regarding commercial solid waste collection rates, effective October 1, 2015. Mr. Noschese moved to approve Ordinance No. 4379, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF MESQUITE, TEXAS, AS AMENDED, BY DELETING THE RATE TABLE (CHART) IN SECTION 14-45 IN ITS ENTIRETY AND ADDING A NEW RATE TABLE (CHART) IN SECTION 14-45 THEREBY AMENDING THE COMMERCIAL SOLID WASTE COLLECTION RATES; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr. Porter and approved unanimously. (Ordinance No. 4379 recorded on page of Ordinance Book No. 105.) APPOINTMENTS TO BOARDS AND COMMISSIONS 21 Consider appointment of one member to the Animal Control Advisory Committee for a term to expire September 8, 2016. Ms. Roberts moved to appoint Dr. Mark Pirrung as a member of the Animal Control Advisory Committee for a term to expire September 8, 2016. Motion was seconded by Mr. Archer and approved unanimously. EXECUTIVE ACTION RESULTING FROM EXECUTIVE SESSION AT 5:25 P.M. Mr. Noschese moved to appoint Clifford V. Keheley, Jr., as Mesquite City Manager, effective Thursday, October 1, 2015. Motion was seconded by Mr. Tarpley and approved unanimously. Mayor Pickett stated that it has been 20 years since the City Council hired a City Manager. The Council conducted an extensive search by setting guidelines and qualifications. The two finalists were Assistant City Managers Jerry Dittman and Cliff Keheley and both have served the community very well. Mr. Pickett challenged the community to support Cliff and Jerry as well as other City leadership to work together for the betterment of Mesquite. Ms. Roberts expressed support and appreciation to the two finalists and welcomed Mr. Keheley as City Manager. Mr. Casper stated that the City Council conducted a national search by a consulting firm and confirmed the two finalists as current employees of the City of Mesquite. He expressed his excitement for moving forward with Mr. Keheley as City Manager. Page 7
ADJOURNMENT Mr. Casper moved to adjourn the meeting. Motion was seconded by Ms. Roberts and approved unanimously. The meeting adjourned at 7:42 p.m. Attest: Approved: Sonja Land, City Secretary Stan Pickett, Mayor Page 8