City of Mesquite, Texas Action Agenda City Council Monday, December 7, 2015 4:30 PM City Hall Council Chamber 757 N. Galloway Mesquite, Texas PRE-MEETING - COUNCIL CONFERENCE ROOM - 4:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Receive briefing regarding the Motley Drive Reconstruction Project. Received. Council selected Option No. 2, the two-lane section without bicycle lanes with some on-street parking. Staff will revise the current design in accordance with Council s direction. 2 Receive briefing regarding staff coordination with the North Texas Municipal Water District to resolve inequities in total annual minimums and other water rate policies. Received. 3 Receive briefing regarding the Helping Others in Mesquite Everyday (HOME) Program. Received. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 4:30 P.M. In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: Pending and/or Contemplated Litigation Purchase, Exchange, Lease or Value of Real Property Personnel Matters Economic Development REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M. INVOCATION Teresa Jackson, Executive Director, Sharing Life Community Outreach, Mesquite, Texas. PLEDGE OF ALLEGIANCE Volunteers from Sharing Life Community Outreach. SPECIAL ANNOUNCEMENTS (1) Mayor Pickett expressed appreciation to the Parks Department staff for their planning and execution of the 29th Annual Christmas in the Park event held this past weekend. He stated that the event closed 15 minutes early for the safety of citizens due to some disruptions involving teens. He thanked the Mesquite Police Department, Mesquite Fire Department, Parks Department, volunteers and others that participated in this event. He added that security was increased this year and that the City will continue to work to make this a safe, annual event.
(2) Mr. Casper, Ms. Roberts and Mr. Noschese also thanked everyone involved with Christmas in the Park and look forward to a successful event next year. (3) Mr. Archer invited everyone to join him on Sunday, December 13, 2015, at 7:00 p.m. at the pedestrian bridge to sing Christmas carols as they stroll through the Rollingwood Hills neighborhood. (4) Managing Director of Community Services Valerie Bradley announced the launch of a partnership program between the City of Mesquite and Keep Mesquite Beautiful, Inc. (KMB), called Helping Others in Mesquite Everyday (HOME) Program. This program is modeled after the successful Addressing Mesquite Day program and will assist residents with code violations who are facing hardships. Three ways to help is to volunteer your time to mow lawns, trim trees, etc., provide contractual services at a discounted rate or make a donation to the program. Rotary Club President Mike Garvey presented a check for $2,500 to KMB Director Patti Hawkins. Executive Director of KMB Paige Swiney introduced KMB Directors who were present. CITIZENS FORUM (1) David Hollingsworth, 2320 Motley Drive, expressed concerns regarding the Motley Drive Reconstruction Project. (2) Fred Brewster, 1008 Cold Springs Court, thanked Manager of Park Services Travis Sales for help with a recent issue at a City park and expressed opposition to the City s new processing fee for payment by credit card. (3) Millie Arnold, 2206 Luau Street, expressed concerns regarding Star Transit. (4) Sergio Garcia, 2059 Pecan Creek Drive, expressed appreciation to everyone involved with Christmas in the Park. (5) Wana Alwalee, 613 Via Miramonte, and Marco Rodriguez, 608 Via Miramonte, expressed concerns regarding abnormally high water bills. (6) Jessica Shaw, 8003 Rayville, Dallas, submitted a registration card regarding Dallas Regional Medical Center but chose not to speak. SPECIAL RECOGNITION 4 Recognize Citizens Street Bond Committee Co-Chair Dr. James Terry for his service. Recognized. 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 Minutes of the regular City Council meeting held November 16, 2015. Approved. 6 An ordinance providing for the abandonment of 10-foot wide utility easements located in the Big Town Addition. Approved by Ordinance No. 4406 with modifications. 7 An ordinance establishing a Facility Reservation Policy and amending rental fees associated with the Mesquite Historical Museums System. Approved by Ordinance No. 4404 8 An ordinance adopting Supplement No. 50 to the Code of Ordinances for the City of Mesquite. Approved by Ordinance No. 4405 9 A resolution expressing official intent to reimburse costs of the Residential Street Reconstruction Program. Approved by Resolution No. 56-2015
10 A resolution relating to the power of the City Council to appoint and remove certain board and commission appointees. Approved by Resolution No. 57-2015 11 A resolution authorizing a partnership with Keep Mesquite Beautiful, Inc., for the implementation of the Helping Others in Mesquite Everyday (HOME) Program and authorizing the City Manager to execute a Memorandum of Understanding regarding the roles and responsibilities of the City of Mesquite and Keep Mesquite Beautiful, Inc., through the duration of the HOME Program. Approved by Resolution No. 58-2015 12 RFP No. 2016-016 - Annual Medical Plan Reinsurance (Stop Loss). (Authorize the City Manager to finalize and execute the appropriate documents with W. R. Berkley Corporation in the amount of $319,617.00.) Approved as recommended. 13 Bid No. 2016-031 - Purchase of Seven 4-Door Sedans. (Staff recommends award to Silsbee Ford in Silsbee, Texas, through BuyBoard Contract No. 430-13, sponsored by the Texas Association of School Boards, in the amount of $147,137.50.) Approved as recommended. 14 Bid No. 2016-034 - Purchase of Two 14-Foot Extendable Backhoe and Loaders. (Staff recommends award to RDO Equipment Company in Irving, Texas, through BuyBoard Contract No. 424-13, sponsored by the Texas Association of School Boards, in the amount of $179,660.00.) Approved as recommended. 15 Bid No. 2016-037 - Public Safety Software Upgrade. (Authorize the City Manager to execute a contract with Spillman Technologies, Inc., through the Texas Department of Information Resources Contract No. DIR-TSO-3370 in the amount of $1,767,807.50.) Approved as recommended. 16 Authorize the Mayor to execute an Interlocal Cooperation Agreement with the Texas Department of Public Safety for hangar space at the Mesquite Metro Airport. Approved. 17 Authorize the City Manager to execute a professional engineering services contract with Freese and Nichols, Inc., in conjunction with the Phase 1 MS4 Compliance and Permit Renewal Assistance for modifications to the existing City Storm Water Management Plan in the amount of $143,921.00. Approved. 18 Approve a modification of a drainage variance granted by the City Council on June 16, 2003, to the Storm Water and Flood Protection ordinance for the Parkchase Addition, Phase 2 located along North Mesquite Creek between Edwards Church Road and Lawson Road. Approved. 19 Approve a petition requesting installation of speed bumps in the alley between Creek Valley Road and Trinity Hill from Brushy Creek Trail to Austin Drive. Approved. 20 Appoint Stan Pickett, Bill Porter, Jeff Casper, Bruce Archer, Shirley Roberts, Greg Noschese and Dennis Tarpley to the Mesquite Health Facilities Development Corporation for terms to expire December 31, 2017. Approved. 21 Appoint Stan Pickett, Bill Porter, Jeff Casper, Bruce Archer, Shirley Roberts, Greg Noschese and Dennis Tarpley to the Mesquite Housing Finance Corporation for terms to expire December 31, 2017. Approved. 22 Appoint Stan Pickett as Chairperson for the Rodeo City Tax Increment Finance Reinvestment Zone No. One Board of Directors to serve a one-year term beginning January
23 Appoint Shirley Roberts as Chairperson for the Towne Centre Tax Increment Finance Reinvestment Zone No. Two Board of Directors to serve a one-year term beginning January 24 Appoint Shirley Roberts, Dennis Tarpley, Stan Pickett and Debbie Mol as members to the Falcon s Lair Tax Increment Finance Reinvestment Zone No. Four Board of Directors for terms to expire on December 31, 2017, and appoint Dennis Tarpley as Chairperson to serve a one-year term beginning January 25 Appoint Greg Noschese as Chairperson for the Ridge Ranch Tax Increment Finance Reinvestment Zone No. Five Board of Directors to serve a one-year term beginning January 26 Appoint Stan Pickett as Chairperson for the Lucas Farms Tax Increment Finance Reinvestment Zone No. Six Board of Directors to serve a one-year term beginning January PUBLIC HEARINGS 27 Conduct a public hearing and consider an ordinance for Application No. 1462-280-2015, submitted by Tyler Carver for Seven C s Mortuary Service, LLC, for a rezoning from Commercial to Commercial with a Conditional Use Permit to operate a crematory in conjunction with an existing mortuary located at 2452 U.S. Highway 80 East. (One letter in favor and one letter in opposition to the proposed amendment have been received. The Planning and Zoning Commission recommends approval of the application with a certain stipulation.) Public hearing held. Application was denied. 28 A. Conduct a public hearing to consider the use of city park property by Dallas MTA, L.P., d/b/a Verizon Wireless to install and operate a wireless communications tower and related directional antennas and related supporting equipment. The city park property to be used is a 2,640-square-foot portion of the 5.55-acre tract of land, along with a 40-foot wide utility easement, located at Vanston Park, 3003 Oates Drive, City of Mesquite, Dallas County, Texas. Public hearing held. B. Consider a resolution authorizing the execution of the Use Agreement with Dallas MTA, L.P., d/b/a Verizon Wireless, relative to the installation of a communications tower, directional antennas and related supporting equipment on City-owned property located at Vanston Park, 3003 Oates Drive, City of Mesquite, Dallas County, Texas. Approved by Resolution No. 59-2015. 29 A. Conduct a public hearing to consider transferring city park property to the Mesquite Independent School District (MISD) in exchange for adjacent MISD property to allow for the expansion of Florence Elementary School. The city park property to be transferred is a 6.9103-acre tract of land generally located within the boundaries of Ashwood Drive, Oates Drive and Whitson Way. The property to be transferred by MISD to the City is a 6.9103-acre tract of land that will be used as city park property. Public hearing held. B. Consider a resolution authorizing the exchange of property with the Mesquite Independent School District (MISD) for the reconstruction of Florence Elementary School and authorizing the Mayor to execute an Agreement for the Exchange of Real Property (Exchange Agreement) and all other documents necessary to transfer and exchange city park property to the MISD in consideration for the exchange and transfer of MISD property to the City, the property to be transferred to and received by the City being generally located within the boundaries of Ashwood Drive, Oates Drive and Whitson Way, and being more particularly described in the Exchange Agreement. Approved by Resolution No. 60-2015.
30 A. Conduct a public hearing to consider transferring city park property to the Mesquite Independent School District (MISD) in exchange for adjacent MISD property to allow for the expansion of Seabourn Elementary School. The city park property to be transferred is an 8.1328-acre tract of land generally located within the boundaries of Fielding Drive, Sandy Lane and Picadilly Boulevard. The property to be transferred by MISD to the City is an 8.1328-acre tract of land that will be used as city park property. Public hearing held. B. Consider a resolution authorizing the exchange of property with the Mesquite Independent School District (MISD) for the reconstruction of Seabourn Elementary School and authorizing the Mayor to execute an Agreement for the Exchange of Real Property (Exchange Agreement) and all other documents necessary to transfer and exchange city park property to the MISD in consideration for the exchange and transfer of MISD property to the City, the property to be transferred to and received by the City being generally located within the boundaries of Fielding Drive, Sandy Lane and Picadilly Boulevard, and being more particularly described in the Exchange Agreement. Approved by Resolution No. 61-2015. APPOINTMENTS TO BOARDS AND COMMISSIONS 31 Consider appointment of two regular members to the Mesquite Housing Board for terms to expire December 3, 2017. Michael Garvey and Betty Leonardo were reappointed as regular members of the Mesquite Housing Board and Barbara Rojas was moved from an alternate member to a regular member for terms to expire December 3, 2017. 32 Consider appointment of two regular members to the Keep Mesquite Beautiful, Inc., Board of Directors for terms to expire December 31, 2018. Glendens Bazuaye and Dr. Denise Kutch were reappointed as regular members of the Keep Mesquite Beautiful, Inc., Board of Directors for terms to expire December 31, 2018. 33 Consider appointment of three regular members to the Municipal Library Advisory Board for terms to expire December 4, 2017, and one regular member for a term to expire December 4, 2016. Don Algood, Beverly Hollingsworth and Barbara Dunn were reappointed as regular members of the Municipal Library Advisory Board for terms to expire December 4, 2017, and DeShawn Weekly was appointed as a regular member for a term to expire December 4, 2016. 34 Consider appointment of one regular member to the Parks and Recreation Advisory Board and Tree Board for a term to expire October 21, 2016, and two regular members for terms to expire October 21, 2017. Gary Caldwell and Susan Erickson were appointed as regular members of the Parks and Recreation Advisory Board and Tree Board for terms to expire October 21, 2017. 35 Consider appointment of two regular members and one alternate member to the Board of Adjustment for terms to expire January 1, 2018, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee. Sid Agent was reappointed as a regular member of the Board of Adjustment and Fernando Rojas was moved from an alternate member to a regular member for terms to expire January 1, 2018, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee. 36 Consider appointment of four regular members and one alternate member to the Building Standards Board for terms to expire January 1, 2018. Cecil Mackey, Sam Motley, Glenn Dickerson and Ron Hall were reappointed as regular members of the Building Standards Board and Joe Smith was reappointed as an alternate member for terms to expire January 1, 2018.
37 Consider appointment of one member to the Towne Centre Tax Increment Finance Reinvestment Zone No. Two Board of Directors for a term to expire December 31, 2016. Jerry Dittman was appointed as a member of the Towne Centre Tax Increment Finance Reinvestment Zone No. Two Board of Directors for a term to expire December 31, 2016. 38 Consider appointment of a Chairperson for the Skyline Tax Increment Finance Reinvestment Zone No. Seven Board of Directors to serve a one-year term beginning January 1, 2016. Stan Pickett was appointed as Chairperson for the Skyline Tax Increment Finance Reinvestment Zone No. Seven Board of Directors to serve a one-year term beginning January 1, 2016. 39 Consider appointment of a Chairperson for the Gus Thomasson Tax Increment Finance Reinvestment Zone No. Eight Board of Directors to serve a one-year term beginning January 1, 2016. Stan Pickett was appointed as Chairperson for the Gus Thomasson Tax Increment Finance Reinvestment Zone No. Eight Board of Directors to serve a one-year term beginning January 1, 2016. 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. Susan Flander v. Department of Public Safety et al Filed 11-15-13 2. Kathleen Parvin v. The City of Mesquite Filed 1-26-15 3. 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 4. Vernon Westbrook v. City of Mesquite Filed 6-17-15 5. 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 Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to conduct a private consultation with its attorney related to pending or contemplated litigation; a settlement offer; and issues in which there exists a duty of the City Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. The following subjects may be discussed: Discuss legal issues relating to: (i) the Agreement for Facility Resources originally entered into as of September 23, 1998, between Texas Utilities Integrated Solutions, Inc. and Arena Promotions, Inc., as
amended, assigned and now existing between the City of Mesquite and Camelot Sports & Entertainment, LLC and; (ii) the Economic Development Program Agreement dated effective October 17, 2011, entered into between the City of Mesquite and Camelot Sports & Entertainment, LLC. Discussed. Discuss legal issues regarding the North Texas Municipal Water District Regional Water Supply Facilities Amendatory Contract between the City of Mesquite, other regional cities and the North Texas Municipal Water District. Discussed. 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: 40 Discuss the sale of certain City-owned property in the Emporium area for residential development. Discussed. 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. 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.