City Council
Regular MeetingMesquite, TX · June 29, 2017
Minutes
City of Mesquite, Texas
Minutes - Final
City Council
Thursday, June 29, 2017 7:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
Present: Mayor Stan Pickett and Councilmembers Jeff Casper, Dan Aleman, Robert Miklos, Bruce
Archer, Greg Noschese and Tandy Boroughs, City Manager Cliff Keheley and City Secretary Sonja
Land.
SPECIAL CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:05 P.M.
INVOCATION
Deputy Mayor Pro Tem Dan Aleman.
PLEDGE OF ALLEGIANCE
Councilmember Tandy Boroughs.
PUBLIC HEARINGS
1 Conduct a citizen input hearing regarding amendments to the City Charter.
A public hearing was conducted regarding amendments to the City Charter.
The following persons spoke regarding amendments to the City Charter: (1)
Thomas Hubacek, 1324 Fernwood Drive; (2) Eddie Rose, 516 Woodstream Place;
(3) Julie Shelton, 1804 Mount Pleasant Drive; (4) Charlie Baker, 1713 Huntington
Drive; (5) Audrey Carter, 205 Woodbridge Way; (6) Sergio Garcia, 1724 Longview
Street; (7) Mary Meshell, 232 Darien Drive and (8) Debra Morgan, 223 E.
Kimbrough Street. Suggestions included term limits, single member districts and
holding the election in May 2018 in lieu of November 2017. Mr. Rose and Mr.
Baker expressed opposition to term limits. Mr. Hubacek expressed opposition to
single member districts.
No others appeared regarding amendments to the City Charter.
2 Conduct a public hearing and consider, on first reading, an ordinance imposing
a moratorium on applications and plans for development for permits, plats,
verifications, rezonings, site plans and new or revised certificates of occupancy
for truck stops and other development that includes the parking of heavy load
vehicles as a principal use or as an accessory use within the corporate city
limits of Mesquite, adopting written findings justifying the moratorium, providing
for waivers and limited exceptions to the moratorium, and establishing an
expiration date.
A public hearing was held regarding imposing a moratorium on applications and
City of Mesquite, Texas Page 1
City Council Minutes - Final June 29, 2017
plans for development for truck stops and other development that includes the
parking of heavy load vehicles as a principal use or as an accessory use within
the corporate city limits of Mesquite.
Richard Gertson, Director of Planning and Development Services, stated that the
proposed commercial moratorium is restricted to truck stops and truck-related
uses. Under State law, there are two justifications for a moratorium - (1) shortage
of essential public facilities and (2) existing ordinances or regulations are
deemed inadequate. The proposed ordinance includes the written findings
which includes four items - (1) evidence demonstrating the need to adopt or
amend ordinances or regulations, including identification of the harm to the
public health, safety or welfare that will occur if a moratorium is not adopted; (2)
geographical boundaries of the moratorium; (3) specific type of commercial
property affected and (4) objectives or goals to be achieved by adopting new or
amended ordinances or regulations. By State statute, there are three exceptions
to the moratorium - (1) project in progress or completed application/plan for
development was submitted prior to June 22, 2017; (2) heavy industrial uses and
(3) quarries. Staff added an exception to the proposed ordinance to include any
development pursuant to an existing Economic Development Chapter 380
agreement. A relief-value from the strict terms of the moratorium is required in
the ordinance which would allow the Council to grant a waiver if it finds the
moratorium deprives the applicant of rights protected by law or development is
compatible with other property and would not cause adverse effects to
surrounding property or the City infrastructure or be contrary to the spirt and
purpose of the moratorium.
Mr. Gertson stated that the temporary moratorium took effect by operation of law
on June 22, 2017, and two applications have been made for truck stops or
truck-related uses in the Skyline Logistics Hub Overlay District. The applications
were rejected due to the temporary moratorium being in place.
The following persons spoke in favor of a moratorium for truck stops and other
related development: (1) Lois Buford, 4209 Arbor Drive; (2) Millie Arnold, 2206
Luau Street; (3) Millie Hale, 8923 Clayco Drive, Dallas; (4) Holly Fisk, 4200
Woodbluff Drive; (5) Mary Meshell, 232 Darien Drive; (6) Sergio Garcia, 1724
Longview Street and (7) Charlie Baker, 1713 Huntington Drive. Mr. Garcia
suggested increased electrification requirements.
No others appeared regarding the proposed moratorium.
Mr. Miklos moved to approve AN ORDINANCE, ON FIRST READING, OF THE CITY
OF MESQUITE, TEXAS, IMPOSING A MORATORIUM ON APPLICATIONS AND
PLANS FOR DEVELOPMENT FOR PERMITS, PLATS, VERIFICATIONS,
REZONINGS, SITE PLANS AND NEW OR REVISED CERTIFICATES OF
OCCUPANCY FOR TRUCK STOPS AND OTHER DEVELOPMENT THAT INCLUDES
THE PARKING OF HEAVY LOAD VEHICLES AS A PRINCIPAL USE OR AS AN
ACCESSORY USE WITHIN THE CORPORATE CITY LIMITS OF MESQUITE;
ADOPTING WRITTEN FINDINGS JUSTIFYING THE MORATORIUM; PROVIDING
FOR WAIVERS AND LIMITED EXCEPTIONS TO THE MORATORIUM; PROVIDING
A SEVERABILITY CLAUSE; ESTABLISHING AN EXPIRATION DATE; AND
PROVIDING AN EFFECTIVE DATE THEREOF. Motion was seconded by Mr.
Noschese and approved unanimously.
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City Council Minutes - Final June 29, 2017
ADJOURNMENT
Mr. Noschese moved to adjourn the meeting. Motion was seconded by Mr.
Casper and approved unanimously. The meeting adjourned at 7:58 p.m.
Attest: Approved:
__________________________________ __________________________________
Sonja Land, City Secretary Stan Pickett, Mayor
City of Mesquite, Texas Page 3
Agenda
City of Mesquite, Texas
Meeting Agenda
City Council
Thursday, June 29, 2017 7:00 PM City Hall | Council Chamber
757 N. Galloway | Mesquite, Texas
SPECIAL CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
EXECUTIVE SESSION - EXECUTIVE CONFERENCE ROOM - 7:00 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
INVOCATION
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS
1 17-2803 Conduct a citizen input hearing regarding amendments to the City Charter.
2 17-2819 Conduct a public hearing and consider, on first reading, an ordinance
imposing a moratorium on applications and plans for development for
permits, plats, verifications, rezonings, site plans and new or revised
certificates of occupancy for truck stops and other development that
includes the parking of heavy load vehicles as a principal use or as an
accessory use within the corporate city limits of Mesquite, adopting written
findings justifying the moratorium, providing for waivers and limited
exceptions to the moratorium, and establishing an expiration date.
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pending and Contemplated Litigation
City of Mesquite, Texas Page 1 Thursday, June 29, 2017
City Council Meeting Agenda June 29, 2017
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. 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
2. 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
3. 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
4. Travis Tryon v. City of Mesquite – Filed 2-25-16
5. Petition of the Cities of Garland, Mesquite, Plano, and Richardson appealing wholesale rates
implemented by the North Texas Municipal Water District, PUC Docket No. 46662 – Filed 12-14-16
6. Govind Group Corporation; Sorrent, LLC; Hannuman Holdings, LLC; OM SRI SAI Krishna Investment
Properties, Inc.; Shiv Alpha Strip Corporation; Tejas Motel, LLC; and SAI JDV Hotels, LLC v. The City of
Mesquite, Texas; and Cliff Keheley, City Manager of the City of Mesquite, Texas – Filed 1-5-17
7. Scott Damon Richardson v. Darren Marsack and County of Dallas a.k.a., d.b.a. Dallas County, Inc., Dallas,
Texas 75042 and John Doe 1 – 5 As yet to be discovered and Jane Doe 1 – 5 As yet to be discovered – Filed
2-6-17
8. Texas Propane Gas Association v. Railroad Commission of Texas, et al – Filed 3-3-17
9. Jojoba Assets, LLC v. City of Mesquite – Filed 5-5-17
10. Luna Properties LLC & F & M Properties Inc. v. City of Mesquite – Filed 6-8-17
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).
City of Mesquite, Texas Page 2 Thursday, June 29, 2017
City Council Meeting Agenda June 29, 2017
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 Thursday, June 29, 2017
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