MINUTES OF THE WORK AND REGULAR CITY COUNCIL MEETING HELD BEGINNING AT 1:00 P.M., MARCH 7, 2011, CITY COUNCIL CHAMBER, CITY HALL, 711 N. GALLOWAY. Present: Mayor John Monaco and Councilmembers Bill Porter, Dennis Tarpley, Al Forsythe, Stan Pickett, Shirley Roberts and Brian Hutcheson, City Manager Ted Barron and City Secretary Sonja Land. PRE-MEETING CITY COUNCIL CONFERENCE ROOM 1:00 P.M. The City Council met in the City Council Conference Room beginning at 1:00 p.m. to discuss the items on the Work and Regular Agenda and receive briefing regarding the Art Around Town program. WORK SESSION CITY COUNCIL CHAMBER 1:40 P.M. A. MONTHLY FINANCIAL REPORT FOR JANUARY 2011 RECEIVED. Don Simons, Director of Finance, presented the monthly financial report for January 2011. The work session ended at 1:50 p.m. EXECUTIVE SESSION CITY COUNCIL CONFERENCE ROOM 1:53 P.M. Mayor Monaco announced that the City Council would meet in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Acquisition of property located in the Towne Centre Village subdivision and Acquisition of property located in Kaufman County) and Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Economic development incentives for a business located in the Rodeo City Tax Increment Finance Reinvestment Zone No. One); whereupon, the City Council proceeded to meet in the City Council Conference Room. After the closed meeting ended at 2:55 p.m., the City Council reconvened in Open Session. No executive action was necessary. REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBER 3:00 P.M. Invocation was given by Jim Packwood, Minister of Missions, Sunnyvale First Baptist Church, Sunnyvale, Texas. The Pledge of Allegiance was led by Tom Brown and Betty Haynes, volunteers at the Mesquite Public Library and patrons Jo Ross and Betty Turner. CITIZENS FORUM. George Venner, 612 Parkhaven, expressed support for the Special Election/ Local Option Election regarding the legal sale of beer and wine for off-premise consumption only.
Page 2 APPOINTMENT FOR PERSONAL APPEARANCE. 1. APPOINTMENT BRAD HANLEY, PRESIDENT, MESQUITE QUALITY OF LIFE CORPORATION. Brad Hanley, President, Mesquite Quality of Life Corporation, presented the 2009-10 annual report for the Mesquite Quality of Life Corporation. He stated that the Corporation held seven Board meetings during the fiscal year, received $9,335,729.00 in total revenue and approved 13 projects totaling $10,137,762.00. Since its inception in 1999, the Corporation has approved expenditures throughout the community for projects that directly benefit the residents and businesses of Mesquite in the amount of $99,683,580.00. Councilmembers expressed appreciation to the Mesquite Quality of Life Corporation for their dedicated service to the City of Mesquite. CONSENT AGENDA. Mr. Pickett moved to approve the items on the Consent Agenda, as follows. Motion was seconded by Mr. Forsythe and approved unanimously. 2. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD FEBRUARY 21, 2011. 3. ORDINANCE NO. 4132 AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MESQUITE AND MESQUITE INDEPENDENT SCHOOL DISTRICT FOR OPERATION OF THE CITY S EDUCATIONAL ACCESS CHANNEL. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MESQUITE AND MESQUITE INDEPENDENT SCHOOL DISTRICT FOR THE OPERATION OF THE CITY S EDUCATIONAL ACCESS CHANNEL. (Ordinance No. 4132 recorded on page of Ordinance Book No. 95.) 4. A. RECEIVED CERTIFICATION FROM CITY SECRETARY VERIFYING SIGNATURES ON A LOCAL OPTION ELECTION PETITION RECEIVED FEBRUARY 1, 2011, REQUIRING THAT A SPECIAL ELECTION/ LOCAL OPTION ELECTION BE CALLED IF A SUFFICIENT NUMBER OF VALID SIGNATURES ARE VERIFIED, FOR THE PURPOSE OF DETERMINING WHETHER TO LEGALIZE THE FOLLOWING ISSUE: THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY. B. RESOLUTION NO. 10-2011 CALLING A SPECIAL ELECTION/LOCAL OPTION ELECTION TO BE HELD MAY 14, 2011, FOR THE PURPOSE OF DETERMINING WHETHER TO LEGALIZE THE FOLLOWING ISSUE: THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY.
Page 3 Section 501.033 of the Texas Election Code requires the names of signers of a petition for a local option election be entered into the minutes of the governing body. As an acceptable alternative provided by the Secretary of State s office and approved by the City of Mesquite s City Attorney, compliance with this section can be accomplished by reference to the petition in the minutes. The City Secretary s office issued legal-sized (8 ½ x 14 ) local option election petition pages dated December 3, 2010, with sequential page numbers from 00001 to 01600; December 29, 2010, with sequential page numbers from 01601-02100; January 10, 2011, with sequential page numbers from 02101-02850 and January 25, 2011, with sequential page numbers from 02851-03350. On February 1, 2011, the City Secretary received approximately 2,116 petition pages containing signatures and on February 28, 2011, verified that the petition contained a sufficient number of signatures from qualified voters of the City of Mesquite requesting that a local option election be called for a specific local option election issue: the legal sale of beer and wine for offpremise consumption only. The City Secretary has certified to the City Council that the number of valid signatures of qualified voters contained in the petition is equal to or greater than 7,915, that number being 35 percent of the registered voters in the City of Mesquite who voted in the most recent gubernatorial election as determined by the Dallas County Elections Department and Kaufman County Elections Department. The petitions will remain on file in the City Secretary s office in compliance with the retention schedule required by the Texas State Library for minutes of City Council meetings and may be viewed during normal business hours. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, CALLING A SPECIAL ELECTION/LOCAL OPTION ELECTION TO BE HELD MAY 14, 2011, SAID DATE BEING A UNIFORM ELECTION DATE, FOR THE PURPOSE OF DETERMINING WHETHER TO LEGALIZE THE FOLLOWING LOCAL OPTION ELECTION ISSUE: THE LEGAL SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION ONLY, AND DECLARING AN EFFECTIVE DATE. (Resolution No. 10-2011 recorded on page of Resolution Book No. 44.) 5. RESOLUTION NO. 11-2011 ESTABLISHING PRECINCTS AND THE LOCATION OF POLLING PLACES FOR THE MAY 14, 2011, SPECIAL ELECTION/LOCAL OPTION ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, ESTABLISHING PRECINCTS AND THE LOCATION OF POLLING PLACES FOR THE SPECIAL ELECTION/LOCAL OPTION ELECTION TO BE HELD MAY 14, 2011; AND DECLARING AN EFFECTIVE DATE. (Resolution No. 11-2011 recorded on page of Resolution Book No. 44.) 6. RESOLUTION NO. 12-2011 AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT WITH THE DALLAS COUNTY ELECTIONS DEPARTMENT IN CONNECTION WITH THE ANNUAL CITY ELECTION AND SPECIAL ELECTION/LOCAL OPTION ELECTION TO BE HELD MAY 14, 2011.
Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT AND ELECTION SERVICES CONTRACT WITH DALLAS COUNTY ELECTIONS DEPARTMENT FOR THE ANNUAL CITY ELECTION AND THE SPECIAL ELECTION/LOCAL OPTION ELECTION TO BE HELD MAY 14, 2011; AND DECLARING AN EFFECTIVE DATE. (Resolution No. 12-2011 recorded on page of Resolution Book No. 44.) 7. RESOLUTION NO. 13-2011 APPOINTING A REPRESENTATIVE TO THE DALLAS COUNTY ELECTIONS DEPARTMENT S EARLY VOTING BALLOT BOARD FOR THE MAY 14, 2011, JOINT ELECTION AND SPECIAL ELECTION/LOCAL OPTION ELECTION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, TEXAS, APPOINTING A REPRESENTATIVE TO SERVE ON DALLAS COUNTY ELECTIONS DEPARTMENT S EARLY VOTING BALLOT BOARD FOR THE MAY 14, 2011, JOINT ELECTION AND SPECIAL ELECTION/LOCAL OPTION ELECTION; AND DECLARING AN EFFECTIVE DATE. (Resolution No. 13-2011 recorded on page of Resolution Book No. 44.) 8. BID NO. 2011-005 ANNUAL MOWING SERVICES FOR ENVIRONMENTAL CODE ORIGINAL CONTRACT WITH TRUGREEN LANDCARE TERMINATED AND CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH SECOND LOW BIDDER 3-D MOWING COMPANY IN THE AMOUNT OF $105,345.00. 9. BID NO. 2011-026 ALLEY RECONSTRUCTION PROJECT (EIGHT ALLEYS) CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT, FOR BASE BID AND ADDITIVE ALTERNATES 1 AND 2, WITH LOW BIDDER JIM BOWMAN CONSTRUCTION COMPANY, LLC, IN THE AMOUNT OF $762,337.30. 10. BID NO. 2011-063 ENERGY EFFICIENT LIGHTING IMPROVEMENTS FOR CITY FACILITIES CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH CONCORD COMMERCIAL SERVICES, INC., THROUGH BID NO. 2008-092, TIME AND MATERIALS, IN AN AMOUNT NOT TO EXCEED $226,251.50. 11. BID NO. 2011-069 ANNUAL SUPPLY OF VEHICLE REPLACEMENT PARTS AWARDED TO LOW BIDDERS MIDWAY AUTO PARTS WITH A DISCOUNT OF 40 PERCENT OFF CATALOG PRICE AND O REILLY AUTO PARTS WITH A DISCOUNT OF 41 PERCENT OR BETTER OFF LIST PRICE. 12. BID NO. 2011-081 MESQUITE CITY HALL METAL AND PLASTIC FURNITURE INCLUDING ERGONOMIC ACCESSORIES, STORAGE AND TABLES AWARDED TO BKM TOTAL OFFICE OF TEXAS IN THE AMOUNT OF $206,647.17 THROUGH THE TEXAS MULTIPLE AWARDS SCHEDULE [TXMAS] CONTRACT NOS. 7-7110140 AND 3-7511A010.
Page 5 13. BID NO. 2011-083 PURCHASE AND INSTALLATION OF PIPE LINER ON BELT LINE ROAD CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH INSITUFORM TECHNOLOGIES, INC., THROUGH BUYBOARD CONTRACT NO. 354-10, SPONSORED BY THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE CONTRACT, IN THE AMOUNT OF $67,927.00. 14. CITY MANAGER AUTHORIZED TO EXECUTE A LEASE AGREEMENT WITH TISEO PAVING COMPANY, INC., TO UTILIZE CITY-OWNED PROPERTY AT THE NORTHWEST CORNER OF PIONEER ROAD AND WILKINSON ROAD AS A STAGING AREA FOR CONSTRUCTION OPERATIONS IN CONJUNCTION WITH THE PIONEER ROAD PAVING AND DRAINAGE IMPROVEMENT PROJECT. 15. CITY MANAGER AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR SHARING INTELLIGENT TRANSPORTATION SYSTEMS (ITS) DATA. 16. MAYOR AUTHORIZED TO EXECUTE A CONTRACT OF SALE FOR THE PURCHASE OF HANGAR A6 LOCATED AT MESQUITE METRO AIRPORT IN THE AMOUNT OF $25,000.00. 17. APPROVED AMENDMENT NO. 1 TO THE 2010-11 POLICE SEIZURE BUDGET IN COMPLIANCE WITH CHAPTER 59 OF THE TEXAS CODE OF CRIMINAL PROCEDURE IN THE AMOUNT OF $11,294.50. END OF CONSENT AGENDA. PUBLIC HEARING. 18. A. PUBLIC HEARING PARKS AND RECREATION DEPARTMENT YOUTH PROGRAMS STANDARDS OF CARE HELD. A public hearing was held to consider the Parks and Recreation Department Youth Programs Standards of Care. Cliff Keheley, Director of Parks and Recreation, explained that a Standards of Care policy is reviewed annually and adopted by ordinance, after holding a public hearing. State law allows municipalities to adopt a Standards of Care policy providing for self-regulation of after school and summer youth programs and exempts the City from State child-care licensing requirements. No one appeared regarding the Parks and Recreation Department Youth Programs Standards of Care. Mayor Monaco declared the public hearing closed. B. ORDINANCE NO. 4133 ADOPTING THE PARKS AND RECREATION DEPARTMENT YOUTH PROGRAMS STANDARDS OF CARE APPROVED.
Page 6 Mr. Pickett moved to approve Ordinance No. 4133, AN ORDINANCE OF THE CITY OF MESQUITE, TEXAS, ADOPTING YOUTH PROGRAMS STANDARDS OF CARE; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Motion was seconded by Ms. Roberts and approved by all voting Aye. (Ordinance No. 4133 recorded on page of Ordinance Book No. 95.) Mr. Hutcheson moved to adjourn the regular meeting. Motion was seconded by Mr. Porter and approved unanimously. The regular meeting adjourned at 3:11 p.m. EXECUTIVE SESSION CITY COUNCIL CONFERENCE ROOM 3:17 P.M. Mayor Monaco announced that the City Council would meet in Executive Session pursuant to Section 551.072 of the Texas Government Code to discuss the purchase, exchange, lease or value of real property (Acquisition of property located in the Towne Centre Village subdivision and Acquisition of property located in Kaufman County) and Section 551.087 of the Texas Government Code to consider commercial or financial information regarding business prospects or projects (Economic development incentives for a business located in the Rodeo City Tax Increment Finance Reinvestment Zone No. One); whereupon the City Council proceeded to meet in the City Council Conference Room. After the closed meeting ended at 3:23 p.m., the City Council reconvened in Open Session. No executive action was necessary. EXECUTIVE SESSION CITY COUNCIL CONFERENCE ROOM 3:24 P.M. Mayor Monaco announced that the City Council would meet in Executive Session pursuant to Section 551.071 of the Texas Government Code to consider pending and contemplated litigation subjects or settlement offers; whereupon, the City Council proceeded to meet in the City Council Conference Room. After the closed meeting ended at 4:11 p.m., the City Council reconvened in Open Session. The meeting adjourned at 4:11 p.m. Sonja Land City Secretary John Monaco Mayor