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| 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
June 16, 2008
STATE OF TEXAS *
COUNTIES OF DALLAS AND ELLIS *
CITY OF GLENN HEIGHTS *
On this the 16th day of June 2008 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:
Clark Choate * Mayor
Dan Freeman * Council Member
Kathy Dixon * Mayor Pro Tem
Mary Ann Chancellor * Council Member
Chance Harvey * Council Member
Victor Pereira * Council Member
STAFF: Joseph S. Portugal * City Manager
Othel Murphree * City Secretary
Phillip Prasifka * Chief of Police
Chris Shook * Fire Chief
Bonnie Goldstein * City Attorney's Office
Monte Akers * City Attorney
ABSENT: Malinda Holley * Council Member
Mayor Choate called the meeting to order at 7:31 p.m.
INVOCATION: Councilman Victor Pereira
Councilman Pereira moved to go into closed session to consult with the City Attorney. Mayor Pro Tem Dixon made the second. The motion carried with the following vote:
VOTE: 6 Ayes - Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
The City Council convened into Closed Session at 7:32 p.m.
Councilman Freeman moved to come out of Closed Session. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 6 Ayes - Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Mayor Choate called the meeting back to order at 8:11 p.m.
6. CLOSED MEETING
C. PERSONNEL - UNDER TEXAS GOVERNMENT CODE, SECTION §551.074.
1. DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR DISMISSAL OF THE CITY MANAGER.
Mayor Pro Tem Dixon made a motion to go into closed session pursuant to Chapter §551.074, Personnel. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 6 Ayes - Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
The City Council convened into Closed Session at 8:12 p.m.
Councilwoman Holley arrived at 8:34 p.m.
Mayor Pro Tem Dixon moved to come out of Closed Session. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Mayor Choate called the meeting back to order at 9:24 p.m.
Mayor Pro Tem Dixon moved to post an emergency meeting for Monday, June 16, 2008 two (2) hours from the time of posting. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
PUBLIC COMMENTS:
Debra Creech, 520 Magnolia Lane - voiced her concern on the loss of another city manager, and the need for commercial growth.
1. CONSENT AGENDA
A. MINUTES OF THE JUNE 2, 2008 WORK SESSION AND THE JUNE 2, 2008 REGULAR MEETING.
Councilman Freeman moved to approve the minutes of the June 2, 2008 work session and June 2, 2008 regular meeting with corrections to June 2, 2008 regular meeting minutes. Councilwoman Chancellor made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
2A. HOLD A PUBLIC HEARING AND CONSIDER A REQUEST TO AMEND THE CITY'S ZONING ORDINANCE NO. O-10-08, AS ADOPTED AND AMENDED, ARTICLE VI, "PERMITTED USES" SECTION 1 "USE CHART", RELATIVE TO SPECIAL USES TO PROVIDED FOR "VEHICLE SERVICE, FOR HIRE" IN THE BUSINESS PARK-COMMERCIAL ("BP-C") ZONING DISTRICT WITH A SPECIFIC USE PERMIT ("SUP"); AMENDING ARTICLE XX, "BASIC DEFINITIONS AND INTERPRETATIONS", SECTION 1 "GENERAL DEFINITIONS" TO PROVIDE DEFINITIONS OF "VEHICLE SERVICE, FOR HIRE" AND "LIMOUSINE"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE.
2B. HOLD A PUBLIC HEARING TO RECEIVE TESTIMONY CONCERNING AN AMENDMENT TO THE CITY'S ZONING ORDINANCE, ORDINANCE NO. O-10-08, TO BE CODIFIED IN ARTICLE 14, "PLANNING AND ZONING" OF THE CODE OF ORDINANCES, RELATIVE TO ARTICLE V, "ZONING DISTRICTS AND ZONING MAP", SECTION 4, ZONING DISTRICT MAP, TO ADOPT A NEW ZONING DISTRICT MAP FOR THE CITY OF GLENN HEIGHTS; REPEALING ALL CONFLICTING ORDINANCES, ORDERS AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND, PROVIDING AN EFFECTIVE DATE.
Bonnie Goldstein gave a brief presentation.
Councilwoman Chancellor moved to open the public hearing on 2A and 2B. Mayor Pro Tem Dixon made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Bundy Hogue, 1335 Brookshire - Applicant
Councilman Freeman moved to close the public hearing on 2A and 2B. Mayor Pro Tem Dixon made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Mayor Choate closed the public hearing.
3E. CONSIDER ADOPTION OF ORDINANCE NO. O-20-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING THE CITY'S ZONING ORDINANCE, ORDINANCE NO. O-10-08, AS ADOPTED AND AMENDED, ARTICLE VI, "PERMITTED USES" SECTION 1 "USE CHART", RELATIVE TO SPECIAL USES TO PROVIDE FOR "VEHICLE SERVICE, FOR HIRE" IN THE BUSINESS-PARK COMMERCIAL ("BP-C") ZONING DISTRICT WITH A SPECIFIC USE PERMIT ("SUP"); AMENDING ARTICLE XX, "BASIC DEFINITIONS AND INTERPRETATIONS", SECTION 1 "GENERAL DEFINITIONS" TO PROVIDE DEFINITIONS OF "VEHICLE SERVICE, FOR HIRE" AND "LIMOUSINE"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. (THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL, 7-0).
Councilwoman Holley moved to approve Ordinance O-20-08 amending the Use Chart to provide for Vehicles for Hire in the Business-Park Commercial District with a Specific Use Permit. Councilman Freeman made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
3F. CONSIDER ADOPTION OF ORDINANCE NO. O-21-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING THE CITY'S ZONING ORDINANCE, ORDINANCE NO. O-10-08, RELATIVE TO CHANGING THE ZONING CLASSIFICATION ON APPROXIMATELY ONE-THIRD ACRE OF LAND, DESCRIBED AS LOTS 9 AND 10, BLOCK B OF THE WILLOW RUN ADDITION, GLENN HEIGHTS, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 12, PAGE 289 OF DCDCT ZONED BUSINESS PARK-COMMERCIAL ("BP-C") TO ADD A SPECIFIC USE PERMIT ("SUP") FOR "VEHICLE SERVICE, FOR HIRE"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. (THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL, 6-0-1).
Mayor Pro Tem Dixon moved to approve O-21-08 changing the zoning on Lots 9 and 10, Block B of the Willow Run Addition from Business Park-Commercial to Business Park-Commercial with a Specific Use Permit for "Vehicle Service for Hire". Councilwoman Chancellor made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
2C. HOLD A PUBLIC HEARING AND CONSIDER A REQUEST TO AMEND THE CITY'S ZONING ORDINANCE, ORDINANCE NO. O-10-08, RELATIVE TO AMENDING THE ZONING CLASSIFICATION ON APPROXIMATELY 25.788 ACRES OF LAND, SITUATED IN THE J. CLAYTON SURVEY, ABSTRACT NO. 211, GLENN HEIGHTS, ELLIS COUNTY, TEXAS, AND BEING ALL OF A CALLED 9.10 ACRE TRACT CONVEYED TO THE RED OAK I.S.D. BY DEED RECORDED IN VOLUME 612, PAGE 633, DEED RECORDS OF ELLIS COUNTY, TEXAS, AND BEING ALL OF A CALLED 2.90 ACRE TRACT CONVEYED TO THE RED OAK I.S.D. BY DEED RECORDED IN VOLUME 612, PAGE 629, DEED RECORDS OF ELLIS COUNTY, TEXAS AND BEING ALL OF A 13.787 ACRE TRACT CONVEYED TO THE RED OAK I.S.D. BY DEED, FROM RETAIL ("R") TO SINGLE-FAMILY 1 ("SF-1"") (20,000 SQUARE FOOT LOT); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE.
Councilman Pereira moved to open the public hearing. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Mayor Choate opened the public hearing.
William Gibbs, Cinnamon Springs Addition - property backs up to proposed school site, wants access to the back of his property.
Red Oak ISD gave a brief presentation.
Councilwoman Holley moved to close the public hearing. Councilman Harvey made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Mayor Choate closed the public hearing.
3G. CONSIDER ADOPTION OF ORDINANCE NO. O-22-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING THE CITY'S ZONING ORDINANCE, RELATIVE TO AMENDING THE ZONING CLASSIFICATION ON APPROXIMATELY 25.788 ACRES SITUATED IN THE J. CLAYTON SURVEY, ABSTRACT NO. 211, GLENN HEIGHTS, ELLIS COUNTY, TEXAS, AND BEING ALL OF A CALLED 9.10 ACRE TRACT CONVEYED TO THE RED OAK I.S.D. BY DEED RECORDED IN VOLUME 612, PAGE 633, DEED RECORDS OF ELLIS COUNTY, TEXAS AND BEING ALL OF A 2.90 ACRE TRACT CONVEYED TO THE RED OAK I.S.D. BY DEED RECORDED IN VOLUME 612, PAGE 629, DEED RECORDS OF ELLIS COUNTY, TEXAS AND BEING ALL OF A 13.787 ACRE TRACT CONVEYED TO THE RED OAK I.S.D. BY DEED, RELATIVE TO REZONING FROM RETAIL ("R") TO SINGLE-FAMILY 1 ("SF-1") ZONING DISTRICT (20,000 SQUARE FOOT LOT); PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE. (THE PLANNING & ZONING COMMISSION RECOMMENDS APPROVAL, 7-0).
Councilwoman Holley moved to approve ordinance O-22-08 changing the zoning from Retail to Single-Family 1 on approximately 25.788 acres situated in the J. Clayton Survey, Abstract 211. Mayor Pro Tem made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
3A. CONSIDER ADOPTION OF ORDINANCE NO. O-16-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING CHAPTER 13, "UTILITIES", TO ESTABLISH A NEW ARTICLE 13.10 ENTITLED "STORM WATER PROTECTION" RELATIVE TO THE REGULATION AND PROHIBITION OF ILLICIT DISCHARGES; DEFINING TERMS; PROHIBITING CERTAIN DISCHARGES TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM; AUTHORIZING INSPECTIONS AND DECLARING SUCH DISCHARGES A NUISANCE; PROHIBITING ILLICIT CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING FOR NOTICES OF VIOLATION AND OTHER ADMINISTRATIVE ENFORCEMENT REMEDIES; PROVIDING AUTHORITY TO SUSPEND UTILITY SERVICE; PROVIDING FOR CIVIL AND CRIMINAL ENFORCEMENT; PROVIDING A PENALTY CLAUSE; REPEALING ALL CONFLICTING ORDINANCES, ORDERS AND RESOLUTIONS; AND, PROVIDING AN EFFECTIVE DATE.
Councilwoman Holley moved to approve Ordinance O-16-08 relative to regulating and prohibiting illicit discharge of storm water. Councilman Freeman seconded the motion. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Councilman Harvey moved that the Council receive Mr. Joseph S. Portugal's statement at this time. Councilwoman Holley made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
The following was read into record by the City Attorney, Monte Akers on the behalf of Mr. Joseph S. Portugal:
Monte:
On the advice of counsel, David Fielding, I have been asked to have you read this into record for the action of the Glenn Heights City Council.
Pursuant to the electronic message of Friday, June 13, 2008 at 7:15 a.m., Subject: Your employment with the City of Glenn Heights, the following are the terms and conditions of a resignation from the City and pursuant to a release to be executed not later than Thursday at 12:00 p.m.
" Substitute the written evaluation that was provided by David Fielding and have the Mayor sign same in lieu of that prepared by the City Council and place in the City Manager's personnel file.
" Pay the severance package that is spelled out in the employment contract (base salary for six (6) months, accrued sick leave, vacation, holiday and other accrued benefits (car allowance).
Also, at your request on behalf of the City Council, I recommend that Phillip M. Prasifka, Chief of Police, be names Acting (Interim) City Manager. I recommend that the Chief of Police should be payed the same base salary as the City Manager was being payed ($76,000 annually) to perform these duties.
I understand that you and David Fielding will execute an agreement for me to sign.
Joseph S. Portugal
6. DISCUSSION AND ACTION ON THE EMPLOYMENT, DUTIES, EVALUATION, DISCIPLINE, RESIGNATION OR TERMINATION OF THE CITY MANAGER AND ANY RELATED MATTER DISCUSSED IN EXECUTIVE SESSION FOR WHICH ACTION IS NECESSARY.
Councilman Pereira moved to accept Mr. Portugal's resignation and terms as specified in Mr. Portugal's written statement and appoint Phillip Prasifka Acting City Manager as recommended in Mr. Portugal's written statement. Mayor Pro Tem Dixon made the second. The motion carried with the following vote:
VOTE: 6 Ayes - Holley, Dixon, Choate, Chancellor, Harvey, and Pereira
1 Nay - Freeman
Council instructed staff to cancel the posted emergency meeting for June 16, 2008.
3B. CONSIDER ADOPTION OF ORDINANCE NO. O-17-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 13, "UTILITIES", RELATIVE TO A NEW ARTICLE 13.10 "WATER WELL DRILLING", RELATIVE TO DRILLING OF WATER WELLS; ESTABLISHING WATER WELL PERMITS; SETTING PERMIT FEES; REQUIRING A LICENSED WATER WELL DRILLER AND WATER WELL PUMP INSTALLER; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL CONFLICTING ORDINANCES, ORDERS AND RESOLUTIONS; AND, PROVIDING AN EFFECTIVE DATE.
Councilman Freeman moved to approve Ordinance O-17-08 regulating the drilling of water well within the City of Glenn Heights. Councilwoman Holley made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
3C. CONSIDER ADOPTION OF ORDINANCE NO. O-18-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 4, "BUSINESS REGULATIONS", TO ESTABLISH A NEW ARTICLE 4.09 ENTITLED "GAS DRILLING AND PRODUCTION"; PROVIDING FOR THE REGULATION OF DRILLING AND PRODUCTION OF GAS WELLS WITHIN THE CITY; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND, PROVIDING AN EFFECTIVE DATE.
Councilwoman Holley moved to adopt Ordinance O-18-08 regulating gas drilling and production. Mayor Pro Tem Dixon made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
3D. CONSIDER ADOPTION OF ORDINANCE NO. O-19-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 4, "BUSINESS REGULATIONS", TO ESTABLISH A NEW ARTICLE 4.10 ENTITLED "SECONDARY METAL RECYCLERS"; PROHIBITING SECONDARY METALS RECYCLERS FROM PURCHASING REGULATED METAL PROPERTY FROM INTOXICATED PERSONS; REQUIRING PROOF OF AUTHORITY TO SELL CERTAIN ITEMS OF REGULATED METAL PROPERTY; UPDATING REFERENCES TO STATE LAW; REPEALING OF ALL CONFLICTING ORDINANCES, ORDERS OR RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND, PROVIDING AN EFFECTIVE DATE.
Councilwoman Chancellor moved to adopt Ordinance O-19-08 regulating Secondary Metal Recyclers. Councilwoman Holley made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
4A. CONSIDER APPROVAL OF RESOLUTION R-19-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT OF COOPERATION FOR THE CDBG/HOME PROGRAM WITH DALLAS COUNTY.
Councilman Pereira moved to approve Resolution R-19-08 authorizing the Mayor to execute an Agreement of Cooperation for the CDGB/Home Program with Dallas County. Councilman Freeman made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
4B. CONSIDER APPROVAL OF RESOLUTION R-20-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENN HEIGHTS, TEXAS, AFFIRMING THE APPOINTMENT OF A SHARED BOARD MEMBER WITH THE CITIES OF COCKRELL HILL, DALLAS AND PLANO TO SERVE ON THE DALLAS AREA RAPID TRANSIT (DART) BOARD.
Councilwoman Chancellor moved to approve Resolution R-20-08 affirming the appointment of Faye M. Wilkins as the shared Board Member for the cities of Cockrell Hill, Dallas, Plano and Glenn Heights to serve on the DART Board. Mayor Pro Tem Dixon made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
5. CLOSED MEETING
A. LEGAL - UNDER TEXAS GOVERNMENT CODE, SECTION §551.071.
1. CONSULTATION AND DELIBERATION WITH THE CITY ATTORNEY REGARDING INTERPRETATION OF THE RIGHTS AND OBLIGATIONS OF THE CITY UNDER THE 1998 INTERLOCAL AGREEMENT FOR WATER FACILITIES BETWEEN GLENN HEIGHTS AND OAK LEAF.
2. CONSULTATION AND DELIBERATION WITH THE CITY ATTORNEY REGARDING THE CITY OF GLENN HEIGHTS VS. THE CITY OF OAK LEAF.
B. REAL ESTATE - UNDER TEXAS GOVERNMENT CODE, SECTION §551.072.
1. DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY FOR EXPANSION OF CITY FACILITIES.
2. DELIBERATE THE PURCHASE, EXCHANGE, LEASE, VALUE OR SALE OF REAL PROPERTY OWNED BY THE CITY.
5A, 5B skipped
7. ANNOUNCEMENTS FROM THE CITY MANAGER.
The Acting City Manager, Phillip Parsifka made the following announcements:
* National Night Out has been moved to the first Tuesday in October in Texas because of the extreme heat in August
8. REQUESTS/COMMENTS FROM THE MAYOR AND/OR COUNCIL MEMBERS.
Mayor Choate wanted to know about brush pick-up.
9. ADJOURNMENT.
Councilwoman Holley moved to adjourn. Councilwoman Chancellor made the second. The motion carried with the following vote:
VOTE: 7 Ayes - Holley, Freeman, Dixon, Choate, Chancellor, Harvey, and Pereira
Mayor Choate adjourned the meeting at 10:58 p.m.
_________________________________
Clark Choate, Mayor
Attest:
___________________________________
Othel Murphree, City Secretary
Passed and Approved 7th day of July, 2008. |
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