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| Shop Glenn Heights |
| City of |
| Glenn Heights, TX |
Monday - Friday
8:00 am - 5:00 pm |
| Phone 972-223-1690 |
| Fax 972-223-9307 |
| 1938 S. Hampton |
| Glenn Heights, TX 75154 |
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF GLENN HEIGHTS, TEXAS
JANUARY 2, 2007
STATE OF TEXAS *
COUNTIES OF DALLAS AND ELLIS *
CITY OF GLENN HEIGHTS *
On this the 2nd day of January, 2007 the City Council of the City of Glenn Heights met in a regular meeting at the Glenn Heights City Hall in Glenn Heights, Texas located at 1938 S. Hampton Road with the following members present:
CITY COUNCIL:
Malinda Holley * Council Member
Kathy Dixon * Council Member
Clark Choate * Mayor
Chance Harvey * Council Member
Victor Pereira * Mayor Pro Tem
STAFF: Larry Graves * Interim City Manager
Othel Murphree * City Secretary
Phillip Prasifka * Chief of Police
Chris Shook * Fire Chief
Colleen Russell * City Planner
Connie Hearne * Economic Development
ABSENT: Tony Brown * Council Member
Mary Ann Chancellor * Council Member
Mayor Choate called the meeting to order at 7:45 p.m.
INVOCATION - City Secretary, Othel Murphree
AUDIENCE PARTICIPATION: (At this time citizens who have registered will be allowed to speak on any matter not on the agenda, for a length of time not to exceed three minutes. No Council action or discussion may take place on a matter until such matter has been placed on an agenda and posted in accordance with law. Citizens wishing to speak on agenda items will be allowed to speak when that item is called).
Dan Freeman, 437 Sleepy Top - voiced concerns over the miss-use of the City Logo and thinks the City should apply for a copyright for the logo and the city name.
1. Consider approval of City Council Minutes of December 18, 2006. City Secretary
Mayor Pro Tem Pereira made a motion approving the minutes. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
NEW BUSINESS:
2. Public hearing to hear testimony concerning a re-plat application, Kingston Meadows, Phase 2, filed by Jeff Winkler, P.E. of Boyd & Jones; re-platting 76 lots, consisting of 29.146 acres of the original 180 acres in the W Caldwell Survey, A-235, 1200-1300 Bear Creek in Glenn Heights. The site is north of Bear Creek and east of Cockrell Hill Road (Mapsco 83S). City Planner
The City Planner briefed the re-plat application of Kingston Meadows, Phase 2 to the Council.
Jeff Winkler with Jones & Boyd, Inc. addressed the Council and was available for questions.
Councilwoman Dixon made a motion to open the public hearing. Councilwoman Holley made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
There being no testimony from those in attendance Councilwoman Holley made a motion to close the public hearing. Councilwoman Dixon made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
3. Consider approving re-plat of Kingston Meadows, Phase 2. City Planner
Jeff Winkler with Jones & Boyd, Inc. speaking for the applicant agreed to the Council tabling any action on the re-plat of Kingston Meadows, Phase 2.
Councilwoman Holley made a motion to table the re-plat of Kingston Meadows, Phase 2. Councilwoman Dixon made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
4. Continue the public hearing to hear testimony concerning a proposed Ordinance amending the Comprehensive Plan 2030 by amending Chapter 5 to reclassify Uhl Road, while Hampton Road and Bear Creek Road shall be constructed as 110 feet within 120 foot right-of-way and to update the description of Loop 9 from a 200 foot right-of-way to a 600 foot right-of-way; Amending Plate 5-1, The Thoroughfare Plan. City Planner
Councilwoman Dixon made a motion to continue the public hearing to hear testimony concerning a proposed Ordinance amending the Comprehensive Plan 2030 by amending Chapter 5 to reclassify Uhl Road, while Hampton Road and Bear Creek Road shall be constructed as 110 feet within 120 foot right-of-way and to update the description of Loop 9 from a 200 foot right-of-way to a 600 foot right-of-way; Amending Plate 5-1, The Thoroughfare Plan. Councilwoman Holley made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
Colleen Russell, City Planner briefed the Council on the amendments addressed by the proposed Ordinance amending the Comprehensive Plan, Chapter 5.
Gary Sheffield, a property owner addressed the Council on the need to consider a wait and watch position in regards to Loop 9 instead of making any changes at this time.
Raul Acosta, 2125 S. Hampton Road - voiced concerns on making changes to the Comprehensive Plan when the alignment for Loop 9 is stilling being discussed at all levels of other agencies involved in the project.
Mayor Pro Tem Pereira made a motion to close the public hearing. Councilwoman Holley made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
5. Consider an Ordinance amending the Comprehensive Plan 2030 by amending Chapter 5 to reclassify Uhl Road, while Hampton Road and Bear Creek Road shall be constructed as 110 feet within 120 foot right-of-way and to update the description of Loop 9 from a 200 foot right-of-way to a 600 foot right-of-way; Amending Plate 5-1, The Thoroughfare Plan. City Planner
Brief discussion on what proposed changes the Planning and Zoning has seen or not seen.
Councilman Harvey made a motion to amend the Comprehensive Plan by deleting the realignment of the southernmost section of Hampton Road, south of Ovilla Road and to have Planning and Zoning Commission review all the other proposed changes and make recommendations to the Council. Mayor Pro Tem Pereira made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
6. Discuss and consider fifteen (15) retail selections from the Buxtons Target List. Director of Economic Development
Council gave Ms. Hearne direction on the fifteen (15) retail selections from the Buxtons Target List.
7. Consider approving the purchase of a Monitor/Defibrillator from Philips Medical Systems, for the amount of $18,828.24. Fire Chief
Mayor Pro Tem Pereira made a motion approving the purchase of a Monitor/Defibrillator from Philips Medical Systems, for the amount of $18,828.24. Councilwoman Holley made the second. . The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
8. Consider appointments to the Planning and Zoning Commission. City Secretary
Councilwoman Holley made a motion appointing Edward Schellinger to the Planner and Zoning Commission to complete a term that will expire May, 2008. Councilwoman Dixon made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
9. Consider setting a date for a workshop to review the proposed amendments to the Charter by the Charter Review Committee.
January 9th and January 30th were set for workshop dates to review the proposed amendments to the Charter.
10. Public hearing to allow Councilman Tony Brown to present evidence to rebut the presumption that he has resigned from office, due to his accumulation of unexcused absences from three consecutive regular meetings or five unexcused absences from regular and special meetings within any six month period pursuant City of Glenn Heights Code of Ordinances, Article 1.03 of Chapter 1.
Councilwoman Holley made a motion to open the public hearing to allow Councilman Tony Brown to present evidence to rebut the presumption that he has resigned from office. Councilwoman Dixon made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
Councilman Brown was not in attendance and there was no one present to represent him.
Councilwoman Holley made a motion to close the public hearing. Councilwoman Dixon made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
11. Consider whether the evidence presented at the hearing has satisfactorily rebutted the presumption of resignation of Councilman Tony Brown. City of Glenn Heights Code of Ordinances, Article 1.03 of Chapter 1.
There was no evidence presented in defense to the presumption that Councilman Brown has resigned. The City Attorney advised the Council there is no action they need to take.
12. Consider and take action regarding City Attorney's change of law firms. City Attorney
City Attorney, Monte Akers advised the Council the partners of Bovey, Akers & Bojorquez have made an amicable decision to go different directions, and he is going to help found a new law firm. Effective January 15, 2007, he will be going into partnership with Barbara Boulware-Wells to start the firm of Akers & Boulware-Wells. Christy Drake-Adams will also be joining the firm.
Councilman Harvey made a motion to continue using Monte Akers as the Attorney of Record for the City of Glenn Heights and have the City's files transferred to the law firm of Akers & Boulware-Wells, c/o Mr. Monte Akers. Councilwoman Holley made the second. . The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
EXECUTIVE SESSION:
13. Executive Session pursuant to the Texas Government Code:
Ø Chapter 551.071(1)(A), the governing body will meet with its attorneys via telephone in closed or executive session to: receive advice about pending litigation (Phillip Prasifka v. City of Glenn Heights), settlement demands from Mr. Prasifka including request for re-employment; or in accordance with Government Code § 551.071(2), to discuss the same litigation on a matter in which the duty of the Citys Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Government Code Chapter 551.
Ø Chapter 551.074, Personnel Discuss and consider action regarding the Personnel Policy, and/or personnel matters, including job duties relating to the City Manager, City Secretary, Director of Finance, Director of Human Resources, Director of Economic Development, City Planner, Municipal Court Personnel, Director of Public Works, Public Works Personnel, Building Inspector and Support Staff, Fire Chief, Fire and EMS Personnel, Chief of Police, Police Detective, each Officer, Dispatcher and Police Department Office Personnel, Code Enforcement, Animal Control and Shop personnel.
Ø Chapter 551.074, Personnel - City Manager Search
Councilwoman Dixon made a motion to go into Executive Session pursuant to the Texas Government Code, the governing body will meet with its attorneys via telephone in closed or executive session to: receive advice about pending litigation (Phillip Prasifka v. City of Glenn Heights), settlement demands from Mr. Prasifka including request for re-employment; or in accordance with Government Code § 551.071(2), to discuss the same litigation on a matter in which the duty of the Citys Attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Government Code Chapter 551; Chapter 551.074, Personnel - Discuss and consider action regarding the Personnel Policy, and/or personnel matters, including job duties relating to the City Manager, City Secretary, Director of Finance, Director of Human Resources, Director of Economic Development, City Planner, Municipal Court Personnel, Director of Public Works, Public Works Personnel, Building Inspector and Support Staff, Fire Chief, Fire and EMS Personnel, Chief of Police, Police Detective, each Officer, Dispatcher and Police Department Office Personnel, Code Enforcement, Animal Control and Shop personnel and Chapter 551.074, Personnel - City Manager Search. Councilwoman Holley made the second to the motion. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
The City Council convened into Executive Session at 11:20 p.m.
Mayor Choate called the meeting back to order at 12:55 a.m.
Councilwoman Holley made a motion to come out of Executive Session. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
14. Any action as a result of the Executive Session.
Councilwoman Dixon made a motion to approve the Compromise Settlement Agreement and Mutual Release as discussed in Executive Session, for Cause No. 06-02073, in the 95th District Court of Dallas County, Texas, styled Phillip Prasifka vs. the City of Glenn Heights. Councilwoman Holley made the second to the motion. The motion carried with the following vote:
VOTE: 5 For - Holley, Dixon, Choate, Harvey, and Pereira
CONCLUSION:
Mayor Choate adjourned the meeting at 12:56 a.m.
_________________________________
Clark Choate, Mayor
Attest:
___________________________________
Othel Murphree, City Secretary
Passed and Approved 16th day of January, 2007.
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