City Council
Regular MeetingMesquite, TX · September 26, 2016
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Monday, September 26, 2016 5:30 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Jeff Casper, Bill Porter, Dan Aleman, Greg
Noschese and Dennis Tarpley, City Manager Cliff Keheley and City Secretary Sonja Land.
Absent: Councilmember Bruce Archer.
PRE-MEETING - TRAINING ROOM A - 5:30 P.M.
AGENDA REVIEW
REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 6:02 P.M.
OTHER BUSINESS
1 Consider an ordinance levying the ad valorem taxes for the year 2016.
Mr. Porter stated "I, Bill Porter, move that the property tax rate be increased by
the adoption of a tax rate of 68.7 cents, which is effectively a 17.937 percent
increase in the tax rate."
And to approve Ordinance No. 4448, AN ORDINANCE OF THE CITY OF
MESQUITE, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE YEAR 2016 AT
A RATE OF $0.687 PER $100.00 ASSESSED VALUATION OF ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF MESQUITE,
TEXAS, AS OF JANUARY 1, 2016, TO PROVIDE REVENUE FOR THE PAYMENT
OF CURRENT EXPENSES AND INTEREST AND SINKING FUND REQUIREMENTS;
PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES
AND INTEREST; PROVIDING FOR PLACE OF PAYMENT; APPROVING THE 2016
TAX ROLLS AND ANY SUPPLEMENT THERETO; PROVIDING CERTAIN
EXEMPTIONS; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EFFECTIVE DATE THEREOF. Motion was
seconded by Mr. Aleman and approved unanimously. (Ordinance No. 4448
recorded on page of Ordinance Book No. 107.)
PUBLIC HEARINGS
2 Conduct a public hearing for the purpose of considering annexation of
approximately 0.28 square miles of territory within the City of Mesquite’s
extraterritorial jurisdiction.
Richard Gertson, Director of Planning & Development Services, stated this is the
second public hearing for a proposed annexation of approximately 179 acres in
the ETJ located at the southwest corner of High Country Lane and FM 741. The
property owner has submitted a development application which subjects the
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City Council Minutes - Final September 26, 2016
property to voluntary annexation. The third and final public hearing will be held
at the October 3, 2016, City Council meeting and the annexation ordinance is
scheduled for approval at the October 17, 2016, City Council meeting.
A public hearing was held for the purpose of considering annexation of
approximately 0.28 square miles of territory within the City of Mesquite’s
extraterritorial jurisdiction (ETJ).
Patricia Collins, 10539 High County Lane, asked if her property was included in
the annexation and Mr. Gertson stated that it is not included in the proposed
annexation.
No others appeared regarding the proposed annexation. Mayor Pickett declared
the public hearing closed.
3 Conduct a public hearing and consider an ordinance for Application No .
545-25-2016, submitted by Gary Dueck for Nationwide Trailers, for a zoning
change from Commercial to Commercial with a Conditional Use Permit for an
outdoor display lot and trailer sales on the 3.52-acre underdeveloped tract
located at 2828 Interstate Highway 30.
(One letter in favor of the application and two letters in opposition were
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval of the application .
This item was postponed at the September 19, 2016, Council meeting.)
Richard Gertson, Director of Planning & Development Services, stated that the
proposed application would allow an outdoor display lot and the sale of vehicular
trailers. The property is zoned Commercial, currently vacated and was formerly
used as a manufactured home dealership. Mr. Gertson stated that only two
buildings remain – the main office building located in the center of the property
and an accessory structure in the southeast corner of the property. The pole
sign is covered under a separate permitting action and the applicant plans to
replace it with a low-clearance monument sign. Mr. Gertson reviewed the
stipulations as described in the proposed ordinance.
A public hearing was held to consider an ordinance for Application No.
545-25-2016.
No one appeared regarding the proposed application. Mayor Pickett declared the
public hearing closed.
Applicant Gary Dueck agreed to the City Council’s request that the Conditional
Use Permit will not be transferable or assignable.
Mr. Noschese expressed support for the application.
Mr. Noschese moved to approve Application No. 545-25-2016, as recommended
by the Planning and Zoning Commission, and adding Stipulation Nos. 9 and 10,
as follows:
1. The wooden fence along the front side of the property shall be replaced with a
wrought iron fence. The wrought iron fence shall be positioned a minimum of 30
feet from the property line and a maximum height of eight feet is permitted. The
existing chain link fence on the west boundary of the property may remain.
2. No existing trees shall be removed. A tree line consisting of minimum
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City Council Minutes - Final September 26, 2016
three-inch caliper trees at 30 feet on center shall be required along the fence line
on the west boundary of the property. In addition to all other landscaping
required, a landscape strip not less than 30 feet in width shall be maintained
immediately inside the wrought iron fence and shall extend the entire frontage of
the property, except for designated points of ingress and egress.
3. The storage building in the southeast corner of the property shall be removed.
4. All trailers and equipment stored or displayed on the premises shall be in
good, clean and operable condition and arranged in an orderly manner. Trailers
shall be displayed over an approved concrete or asphalt surface.
5. In addition to complying with all applicable codes for occupancy, the exterior
appearance of the office building, including but not limited to decks, railing,
lighting and foundation landscaping, shall be upgraded in accordance with an
improvement plan approved by the Director during site plan review.
6. Adequate lighting must be provided for safety and security. The perimeter light
standards and fixtures shall be upgraded or restored to “like new” condition.
7. All existing pavements and hardscape, if reused, shall be repaired or replaced
to City standards. The block screening wall on the rear boundary of the site shall
be repaired or replaced as necessary to meet City standards, and shall be
repainted in its entirety to achieve a uniform appearance.
8. This Conditional Use Permit is granted for a period of 10 years from the date of
the issuance of the certificate-of-occupancy and shall be subject to renewal upon
review by the City Council for compliance with stipulations 1-7, and provided that
the Council may, in its sole discretion, consider the extent to which the owner
has made additional, permanent building and site improvements to the premises.
9. No barbed wire fencing shall be allowed on the premises.
10. The CUP shall not be transferred or assigned.
And to approve an ordinance, AN ORDINANCE OF THE CITY OF MESQUITE,
TEXAS, AMENDING THE MESQUITE ZONING ORDINANCE ADOPTED ON
SEPTEMBER 4, 1973, AND RECODIFIED ON NOVEMBER 21, 1988, SO AS TO
APPROVE A CHANGE OF ZONING FROM COMMERCIAL TO COMMERCIAL WITH
A CONDITIONAL USE PERMIT ON PROPERTY LOCATED AT 2828 IH-30
THEREBY ALLOWING FOR AN OUTDOOR DISPLAY LOT AND THE SALE OF
VEHICULAR TRAILERS SUBJECT TO CERTAIN STIPULATIONS; REPEALING ALL
ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO
EXCEED TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND
DECLARING AN EMERGENCY. Motion was seconded by Mr. Porter. On call for a
vote on the motion, the following votes were cast:
Ayes: Noschese, Porter, Pickett
Nayes: Casper, Aleman, Tarpley
Motion failed.
Mayor Pickett requested clarification regarding the reconsideration of this item.
Cindy Steiner, Senior Assistant City Attorney, stated that the City Council denied
the proposed application and it could be reconsidered at this City Council
meeting or the next regular City Council meeting.
ADJOURNMENT
Mr. Casper moved to adjourn the meeting. Motion was seconded by Mr. Aleman
and approved unanimously. The meeting adjourned at 6:23 p.m.
City of Mesquite, Texas Page 3
City Council Minutes - Final September 26, 2016
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 4
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Monday, September 26, 2016 5:30 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
PRE-MEETING - TRAINING ROOM A - 5:30 P.M.
AGENDA REVIEW
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 - 6:00 P.M.
OTHER BUSINESS
1 16-2354 Consider an ordinance levying the ad valorem taxes for the year 2016.
Attachments: Ordinance
PUBLIC HEARINGS
2 16-2355 Conduct a public hearing for the purpose of considering annexation of
approximately 0.28 square miles of territory within the City of Mesquite’s
extraterritorial jurisdiction.
Attachments: High Country area overview
Annexation Map
3 16-2361 Conduct a public hearing and consider an ordinance for Application No.
545-25-2016, submitted by Gary Dueck for Nationwide Trailers, for a
zoning change from Commercial to Commercial with a Conditional Use
Permit for an outdoor display lot and trailer sales on the 3.52-acre
underdeveloped tract located at 2828 Interstate Highway 30.
(One letter in favor of the application and two letters in opposition were
received from property owners within the statutory notification area. The
Planning and Zoning Commission recommends approval of the application.
This item was postponed at the September 19, 2016, Council meeting.)
City of Mesquite, Texas Page 1 Monday, September 26, 2016
City Council Meeting Agenda September 26, 2016
Attachments: Case Summary
Staff report 545-25-2016
P&Z minutes
Ordinance
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. 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. Andrea Perez Simpson v. City of Mesquite; PM Construction and Rehab, LLC; Inland Pipe Rehabilitation,
LLC; PM Construction-Texas – Filed 9-21-15
5. Angeles Estrada-Padron v. The City of Mesquite – Filed 11-9-15
6. 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
7. Travis Tryon v. City of Mesquite – Filed 2-25-16
8. Robert L. Gould v. City of Mesquite - Filed 6-24-16
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.
City of Mesquite, Texas Page 2 Monday, September 26, 2016
City Council Meeting Agenda September 26, 2016
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.
Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a
person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may
not enter this property with a concealed handgun.
Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con
arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de
Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando
un arma de fuego oculta.
Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried
handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun
licensing law), may not enter this property with a handgun that is carried openly.
Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con
arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de
Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando
una arma de fuego a la vista.
City of Mesquite, Texas Page 3 Monday, September 26, 2016
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