City Council Monday, 12:30 PM City Hall Council Chambers 757 N. Galloway Mesquite, Texas Present: Mayor John Monaco and Councilmembers Stan Pickett, Al Forsythe, Greg Noschese and Dennis Tarpley and City Manager Ted Barron and City Secretary Sonja Land Absent: Councilmembers Shirley Roberts and Bill Porter PRE-MEETING - COUNCIL CONFERENCE ROOM - 12:30 P.M. AGENDA REVIEW STAFF PRESENTATIONS 1 Discuss the 2013 Mosquito Control Program. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 12:43 P.M. 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 authorization of condemnation proceedings for the acquisition of the Thomasson Square Properties located between the 4300 and 4700 blocks of Gus Thomasson Road); whereupon, the City Council proceeded to meet in the City Council Conference Room. After the closed meeting ended at 12:54 p.m., the City Council reconvened in Open Session. See Consent Agenda Item No. 10 for executive action taken. EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 12:54 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 an economic development incentive for a business prospect located near the intersection of Belt Line Road and Range Drive); whereupon, the City Council proceeded to meet in the Executive Conference Room. After the closed meeting ended at 1:15 p.m., the City Council reconvened in Open Session. No executive action was necessary. Page 1
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 3:00 P.M. INVOCATION Chad Flowers, Assistant Pastor, Emmanuel Pentecostal Church, Mesquite, Texas. PLEDGE OF ALLEGIANCE Recreation After School Program participants from Dunford Recreation Center. SPECIAL ANNOUNCEMENTS (1) Mr. Noschese wore a pink tie today in honor of a challenge from Ella Keheley. (2) Mr. Tarpley reminded everyone about the 56th Annual Mesquite Rodeo Parade and requested Parks and Recreation Director Cliff Keheley provide additional information. Mr. Keheley stated that the parade will take place on Saturday, April 6, 2013, at 10:00 a.m. in downtown Mesquite. He stated that there will be numerous parade participants including high school bands, clowns, floats from community groups, horses and many others. He invited everyone to attend this annual event which is fun for the entire family. (3) Police Chief Derek Rohde stated that members of the Mesquite Citizens Police Academy Alumni Association (MCPAAA) are in attendance today. They have been honored by the State twice in the past five years as the Association of the Year. The MCPAAA members volunteer their time to provide support to the Mesquite Police Department (MPD) for programs such as plate scan, kid print, the new fatal vision program and many others. Chief Rohde stated that the MPD took delivery of a new command post recently and on March 21, 2013, he presented the keys to the old command post to MCPAAA President Barbara Dunn. He stated that this command post will enable the MCPAAA to continue their efforts in providing services to the community and will be a participant in the rodeo parade this Saturday, April 6, 2013. Chief Rohde, along with the Mayor and City Council, expressed their appreciation to the MCPAAA for their hard work and dedication to the City. APPOINTMENTS FOR PERSONAL APPEARANCE 2 Appointment - Preston Patterson, 1825 Briargate Lane. (Mr. Patterson will request installation of stop signs in the Cedarbrook subdivision.) Mr. Patterson, President of the Cedarbrook Crime Watch, requested the installation of six stop signs on thru streets, Cedar Vista Drive, Cedar Ridge Drive and Briar Crossing, in the Cedarbrook subdivision located off of East Cartwright Road. He stated that the t-intersections with the most issues are Cedar Vista Drive at Cedar Trail and Cedar Ridge Drive at Cedar Trail. Briar Crossing connects the Cedarbrook and Valley Creek subdivisions with a school bus stop located at each end. Tim Tumulty, Director of Public Works, stated that Traffic Engineering staff has completed a full analysis of the residential t-intersections in the subdivision and has determined that there are no sight distance issues nor any accidents at any of the intersections; therefore, the installation of stop signs at the requested locations is not warranted at this time. State law allows no signage under those conditions. There are over 900 t-intersections throughout the City that do not Page 2
have stop signs with 31 of those intersections located in the Cedarbrook, Windsor Manor and Valley Creek neighborhoods. Mayor Monaco thanked Mr. Patterson for appearing and for his work in the Cedarbrook Crime Watch group. CONSENT AGENDA Approval of the Consent Agenda Mr. Pickett moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Noschese and approved unanimously. 3 Minutes of the regular City Council meeting held March 18, 2013. 4 A resolution directing publication of Notice of Intention to Issue City of Mesquite, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2013 and resolving other matters related thereto. Resolution No. 12-2013, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION TO PROVIDE FUNDS FOR PUBLIC IMPROVEMENTS, FACILITIES AND EQUIPMENT, INCLUDING STREET IMPROVEMENTS, MUNICIPAL BUILDINGS, VEHICLES, COMPUTER EQUIPMENT AND SOFTWARE FOR MUNICIPAL DEPARTMENTS AND FOR RELATED ISSUANCE COSTS; AND PROVIDING AN EFFECTIVE DATE. (Resolution No. 12-2013 recorded on page of Resolution Book No. 45.) 5 Bid No. 2013-025 - Annual Supply of Fire Protective Clothing. (Staff recommends award to Casco Industries, Inc., for jackets and pants in the amount of $64,310.40 and to Wilson Fire Rescue for boots in the amount of $9,878.75 for a total amount of $74,189.15.) 6 Bid No. 2013-056 - Annual Landscape Maintenance of the TxDOT High Visibility Interchanges. (Authorize the City Manager to execute a contract with Good Earth Corporation in the amount of $62,324.00.) 7 Bid No. 2013-062 - Mesquite Golf Course Renovations. (Authorize the City Manager to execute a contract with Mid-America Golf and Landscape, Inc., in the amount of $1,713,679.59.) 8 Bid No. 2013-078 - Mesquite Golf Course - Club House Renovation. (Authorize the City Manager to execute the required documents with Concord Commercial Services, Inc., through Bid No. 2012-006, Time and Materials, in the amount of $252,117.00.) Page 3
9 Authorize the Mayor to execute an Interlocal Cooperation Agreement with the Texas Department of Public Safety for hangar space at the Mesquite Metro Airport. CONSIDERATION OF ORDINANCE 10 Consideration of the use of eminent domain to condemn property, to include consideration of an ordinance of the, declaring the necessity to acquire fee simple title to 0.103 acres (4,492 square feet) of land comprised of six separate parcels situated in the Country Club Estates 2, the Casa View Heights No. 15, and the Whitson Gardens 1 Additions to the City of Mesquite, Texas, and the John Hardin Survey, Abstract No. 545, in Dallas County, Texas, with street addresses in the 4300 through the 4700 blocks of Gus Thomasson Road for roadway expansion, reconstruction and other improvements in connection with the Thomasson Square Sustainable Development Project; determining the public necessity for such acquisition; authorizing the acquisition of property rights necessary for the roadway expansion, reconstruction and improvements project; appointing a negotiator as necessary; authorizing the City Manager to establish just compensation for the property rights to be acquired; authorizing the City Manager or designee to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and ordinances; and authorizing the City Attorney or designee to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Mr. Noschese stated, I move that the City Council of the, approve the proposed ordinance and authorize the use of the power of eminent domain to acquire property located at 4331, 4400, 4401, 4600, 4621 and 4700 Gus Thomasson Road, as more particularly described in Exhibits A-F of the ordinance, for the right-of-way needed to widen, reconstruct and make other improvements in the interest of improving traffic efficiency, pedestrian and bicycle safety, and encouraging the use of alternative modes of transportation, all in connection with the Thomasson Square Sustainable Development Project and to approve Ordinance No. 4259, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, TAKING APPROPRIATE ACTION INCLUDING CONSIDERATION OF THE USE OF EMINENT DOMAIN TO CONDEMN THE PROPERTY; DECLARING THE NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO 0.103 ACRES (4,492 SQUARE FEET) OF LAND COMPRISED OF SIX SEPARATE PARCELS SITUATED IN THE COUNTRY CLUB ESTATES 2, THE CASA VIEW HEIGHTS NO. 15, AND THE WHITSON GARDENS 1 ADDITIONS TO THE CITY OF MESQUITE, TEXAS, AND THE JOHN HARDIN SURVEY, ABSTRACT NO. 545, IN DALLAS COUNTY, TEXAS, WITH STREET ADDRESSES IN THE 4300 THROUGH THE 4700 BLOCKS OF GUS THOMASSON ROAD FOR ROADWAY EXPANSION, RECONSTRUCTION AND OTHER IMPROVEMENTS IN CONNECTION WITH THE THOMASSON SQUARE SUSTAINABLE DEVELOPMENT PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE ROADWAY EXPANSION, RECONSTRUCTION AND IMPROVEMENTS PROJECT; APPOINTING A NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY Page 4
MANAGER TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion was seconded by Mr. Forsythe. On call for a vote, the following votes were cast: Ayes: Noschese, Forsythe, Monaco, Tarpley Nayes: Pickett Absent: Roberts, Porter Motion carried. (Ordinance No. 4259 recorded on page Book No. 102.) of Ordinance APPOINTMENTS TO BOARDS AND COMMISSIONS 11 Consider appointment of one regular member and one alternate member to the Board of Adjustment for terms to expire January 1, 2015 and one alternate member for a term to expire January 1, 2014, who will also serve on the Automated Traffic Signal Enforcement Advisory Committee, and one reserve alternate member for a term to expire January 1, 2014 and one reserve alternate member for a term to expire January 1, 2015. ADJOURNMENT Mr. Tarpley moved to appoint John Robinson as a regular member and Chris Jasper as an alternate member of the Board of Adjustment for terms to expire January 1, 2015, and to appoint Michael Hooker as an alternate member for a term to expire January 1, 2014. All will also serve on the Automated Traffic Signal Enforcement Advisory Committee, by designation of Deputy Mayor Pro Tem Shirley Roberts, City Council Place 4, Mayor Pro Tem Stan Pickett, City Council Place 3 and Councilmember Greg Noschese, City Council Place 5, respectively. Motion was seconded by Mr. Noschese and approved unanimously. Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr. Tarpley and approved unanimously. The meeting adjourned at 3:19 p.m. Approved: Attest: John Monaco, Mayor Sonja Land, City Secretary Page 5