STAFF PRESENTATIONS Receive briefing regarding the Texas Open Meetings and Public Information Acts.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. Receive briefing regarding the East Corridor Project by the Texas Department of Transportation. 16-2370
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:30 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 Craig Christina, Senior Pastor, Shiloh Terrace Baptist Church, Dallas, Texas. PLEDGE OF ALLEGIANCE Mesquite Municipal Court Clerks.
SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups.
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.
PRESENTATIONS 16-2428 Presentation to military representatives 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.) 4 16-2424 Minutes of the regular City Council meeting held October 17, 2016. Attachments: 10.17.2016m A resolution authorizing the City Manager or the Manager’s designee to determine which contracting method under Chapter 2269 of the Texas Government Code provides the best value for the City for the purchase of construction services. 5 16-2427 Attachments: Resolution - Chapter 2269 A resolution accepting the donation of a vacant tract of land consisting of approximately 0.663 of an acre and being commonly known as 1301 East Glen Boulevard, Mesquite, Texas, from the Todd Trust and authorizing the City Manager to execute all documents and take all actions necessary to complete the donation, transfer and conveyance of the property to the City. 6 16-2419 Resolution - Todd Trust Executive Summary Property Owner Donation Letter Location Map Photographs of Property Attachments: Bid No. E2016-002 - Gus Thomasson Road Water, Sanitary Sewer, Paving and Drainage Reconstruction Project from Karla Drive to Moon Drive/Whitson Way. (Authorize the City Manager to finalize and execute a contract with low bidder Rebcon, Inc., in the amount of $9,861,035.97.) 7 16-2415 Bid Tabulation - E2016-002 Bid Tabulation - Engineering Recommendation Letter Location Map Attachments: Bid No. 2017-008 - Annual Supply of Concrete. (Staff recommends award to bidders B&B Ready Mix, Inc., Redi-Mix Concrete and Redi-Mix, LLC, dba Custom-Crete, in an amount not to exceed $625,000.00.) 8 16-2436 Attachments: Bid Tabulation 2017-008 Bid No. 2017-013 - Pool Filtration System Replacement at Town East Pool. (Authorize the City Manager to finalize and execute a contract with Sunbelt Pools through BuyBoard Contract No. 451-14 in the amount of $109,066.83.) 9 16-2430 Attachments: Quote Bid No. 2017-016 - Annual Radio Maintenance Contract. (Authorize the City Manager to finalize and execute a contract with sole source provider Motorola, Inc., in the amount of $77,371.68.) 10 16-2410 Attachments: Sole source letter Bid No. 2017-017 - Annual Supply of Personal Computers. (Staff recommends award to Dell, Inc., through the Texas Department of Information Resources Contract No. DIR-SDD-1951 in the amount of $239,253.80.) 11 16-2414 Desktop Quote Laptop Quote Workstation Quote Attachments: Authorize the City Manager to finalize and execute the North Central Texas Full-Scale Regional Exercise “Big X” Host Site Agreement with the North Central Texas Council of Governments. 12 16-2413 Attachments: Executive Summary Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Binkley and Barfield, Inc., to survey, design plans and prepare construction documents for the replacement of 4,000 feet of sanitary sewer main in the amount of $111,000.00. 13 16-2421 Attachments: Location Maps Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with RJN Group, Inc., for the preparation of an engineering study, design and construction documents for the replacement of a sanitary sewer trunk main located south of IH 30 and east of the Pepsi bottling plant, in the amount of $80,790.00. 14 16-2420 City of Mesquite, Texas Page 3 Monday, November 7, 2016 City Council Meeting Agenda November 7, 2016 Attachments: Location Map Authorize the City Manager to finalize and execute an Amendment to the Professional Engineering Services Contract with Graham Associates, Inc., for additional services associated with the design and preparation of construction documents for the Gus Thomasson Road Oncor Service Relocations Project in the amount of $14,100.00. 15 16-2425 Authorize the City Manager to finalize and execute an Amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation (TxDOT) to permit the City to remove persons and property and to post signs on TxDOT highway underpasses and other right-of-way.
PUBLIC HEARINGS Conduct a public hearing and consider possible action on Application No. 1397-31-2016, submitted by Md. Mozharul Islam, to amend Planned Development Ordinance No. 4426 by deleting the requirement for a wooden screening fence with masonry columns on the east boundary of a 0.69-acre parcel zoned for future medical uses and located at 1230 North Galloway Avenue. (The Planning and Zoning Commission recommends denial of the application. The applicant filed a timely appeal on October 6, 2016. Two responses in favor of the application were received from property owners within the statutory notification area.)
Conduct a public hearing and consider an ordinance for Application No. 1462-284-2016, submitted by Alex Ayagh, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow outdoor storage for an automobile rental business located at 2531 U.S. Highway 80. (The Planning and Zoning Commission recommends approval of the application. Two responses in favor of the application were received from property owners within the statutory notification area.)
Conduct a public hearing and consider a request from Code 3 Emergency Partners to substitute an eight-foot Trex composite fence for the required masonry screening wall on property located at 1080 East Cartwright Road. (This item was postponed indefinitely at the August 15, 2016, City Council
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. Kathleen Parvin v. The City of Mesquite – Filed 1-26-15 2. 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 3. 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 4. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15 5. 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 6. Travis Tryon v. City of Mesquite – Filed 2-25-16 7. Robert L. Gould v. City of Mesquite - Filed 6-24-16 Consultation with Attorney 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; (ii) the Economic Development Program Agreement dated effective October 17, 2011, entered into between the City of Mesquite and Camelot Sports & Entertainment, LLC and (iii) the Economic Development Program Agreement dated effective April 28, 2009, between the City of Mesquite and First State Bank. 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: Consider the lease of real property located at 3100 Lawson Road, Mesquite, Texas. 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. 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: Discuss economic development incentives for a business prospect considering redevelopment of a property at the intersection of North Belt Line Road and Grubb Drive. 21 16-2432 Discuss economic development incentives for the FedEx/Cooper Construction redevelopment project at 5005 Samuell Boulevard. 22 16-2433 Discuss economic development incentives for a developer considering redevelopment of a shopping center at the corner of IH-635 and Town East Boulevard. 23 16-2435 Receive briefing regarding a proposed economic development incentive for a prospect considering developing within the Mesquite extraterritorial jurisdiction (ETJ). 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).
STAFF PRESENTATIONS Receive briefing regarding the Texas Open Meetings and Public Information Acts.
CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:30 P.M. Receive briefing regarding the East Corridor Project by the Texas Department of Transportation. 16-2370
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 5:30 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 Craig Christina, Senior Pastor, Shiloh Terrace Baptist Church, Dallas, Texas. PLEDGE OF ALLEGIANCE Mesquite Municipal Court Clerks.
SPECIAL ANNOUNCEMENTS This time is reserved for special announcements and recognition of individuals or groups.
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.
PRESENTATIONS 16-2428 Presentation to military representatives 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.) 4 16-2424 Minutes of the regular City Council meeting held October 17, 2016. Attachments: 10.17.2016m A resolution authorizing the City Manager or the Manager’s designee to determine which contracting method under Chapter 2269 of the Texas Government Code provides the best value for the City for the purchase of construction services. 5 16-2427 Attachments: Resolution - Chapter 2269 A resolution accepting the donation of a vacant tract of land consisting of approximately 0.663 of an acre and being commonly known as 1301 East Glen Boulevard, Mesquite, Texas, from the Todd Trust and authorizing the City Manager to execute all documents and take all actions necessary to complete the donation, transfer and conveyance of the property to the City. 6 16-2419 Resolution - Todd Trust Executive Summary Property Owner Donation Letter Location Map Photographs of Property Attachments: Bid No. E2016-002 - Gus Thomasson Road Water, Sanitary Sewer, Paving and Drainage Reconstruction Project from Karla Drive to Moon Drive/Whitson Way. (Authorize the City Manager to finalize and execute a contract with low bidder Rebcon, Inc., in the amount of $9,861,035.97.) 7 16-2415 Bid Tabulation - E2016-002 Bid Tabulation - Engineering Recommendation Letter Location Map Attachments: Bid No. 2017-008 - Annual Supply of Concrete. (Staff recommends award to bidders B&B Ready Mix, Inc., Redi-Mix Concrete and Redi-Mix, LLC, dba Custom-Crete, in an amount not to exceed $625,000.00.) 8 16-2436 Attachments: Bid Tabulation 2017-008 Bid No. 2017-013 - Pool Filtration System Replacement at Town East Pool. (Authorize the City Manager to finalize and execute a contract with Sunbelt Pools through BuyBoard Contract No. 451-14 in the amount of $109,066.83.) 9 16-2430 Attachments: Quote Bid No. 2017-016 - Annual Radio Maintenance Contract. (Authorize the City Manager to finalize and execute a contract with sole source provider Motorola, Inc., in the amount of $77,371.68.) 10 16-2410 Attachments: Sole source letter Bid No. 2017-017 - Annual Supply of Personal Computers. (Staff recommends award to Dell, Inc., through the Texas Department of Information Resources Contract No. DIR-SDD-1951 in the amount of $239,253.80.) 11 16-2414 Desktop Quote Laptop Quote Workstation Quote Attachments: Authorize the City Manager to finalize and execute the North Central Texas Full-Scale Regional Exercise “Big X” Host Site Agreement with the North Central Texas Council of Governments. 12 16-2413 Attachments: Executive Summary Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with Binkley and Barfield, Inc., to survey, design plans and prepare construction documents for the replacement of 4,000 feet of sanitary sewer main in the amount of $111,000.00. 13 16-2421 Attachments: Location Maps Authorize the City Manager to finalize and execute a Professional Engineering Services Contract with RJN Group, Inc., for the preparation of an engineering study, design and construction documents for the replacement of a sanitary sewer trunk main located south of IH 30 and east of the Pepsi bottling plant, in the amount of $80,790.00. 14 16-2420 City of Mesquite, Texas Page 3 Monday, November 7, 2016 City Council Meeting Agenda November 7, 2016 Attachments: Location Map Authorize the City Manager to finalize and execute an Amendment to the Professional Engineering Services Contract with Graham Associates, Inc., for additional services associated with the design and preparation of construction documents for the Gus Thomasson Road Oncor Service Relocations Project in the amount of $14,100.00. 15 16-2425 Authorize the City Manager to finalize and execute an Amendment to the Municipal Maintenance Agreement with the Texas Department of Transportation (TxDOT) to permit the City to remove persons and property and to post signs on TxDOT highway underpasses and other right-of-way.
PUBLIC HEARINGS Conduct a public hearing and consider possible action on Application No. 1397-31-2016, submitted by Md. Mozharul Islam, to amend Planned Development Ordinance No. 4426 by deleting the requirement for a wooden screening fence with masonry columns on the east boundary of a 0.69-acre parcel zoned for future medical uses and located at 1230 North Galloway Avenue. (The Planning and Zoning Commission recommends denial of the application. The applicant filed a timely appeal on October 6, 2016. Two responses in favor of the application were received from property owners within the statutory notification area.)
Conduct a public hearing and consider an ordinance for Application No. 1462-284-2016, submitted by Alex Ayagh, for a change of zoning from Commercial to Commercial with a Conditional Use Permit to allow outdoor storage for an automobile rental business located at 2531 U.S. Highway 80. (The Planning and Zoning Commission recommends approval of the application. Two responses in favor of the application were received from property owners within the statutory notification area.)
Conduct a public hearing and consider a request from Code 3 Emergency Partners to substitute an eight-foot Trex composite fence for the required masonry screening wall on property located at 1080 East Cartwright Road. (This item was postponed indefinitely at the August 15, 2016, City Council
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. Kathleen Parvin v. The City of Mesquite – Filed 1-26-15 2. 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 3. 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 4. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15 5. 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 6. Travis Tryon v. City of Mesquite – Filed 2-25-16 7. Robert L. Gould v. City of Mesquite - Filed 6-24-16 Consultation with Attorney 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; (ii) the Economic Development Program Agreement dated effective October 17, 2011, entered into between the City of Mesquite and Camelot Sports & Entertainment, LLC and (iii) the Economic Development Program Agreement dated effective April 28, 2009, between the City of Mesquite and First State Bank. 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: Consider the lease of real property located at 3100 Lawson Road, Mesquite, Texas. 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. 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: Discuss economic development incentives for a business prospect considering redevelopment of a property at the intersection of North Belt Line Road and Grubb Drive. 21 16-2432 Discuss economic development incentives for the FedEx/Cooper Construction redevelopment project at 5005 Samuell Boulevard. 22 16-2433 Discuss economic development incentives for a developer considering redevelopment of a shopping center at the corner of IH-635 and Town East Boulevard. 23 16-2435 Receive briefing regarding a proposed economic development incentive for a prospect considering developing within the Mesquite extraterritorial jurisdiction (ETJ). 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).