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					                             REGULAR MEETING
                     CITY OF MANSFIELD - CITY COUNCIL
                               January 12, 2004

The City Council of the City of Mansfield, Texas, convened in session on January 12,
2004, in the Council Chambers of the New City Hall, 1200 E. Broad Street, with the
meeting being open to the public and notice of said meeting, giving date, place, and
subject thereof, having been posted as prescribed by Chapter 551, Texas Government
Code, with the following members present, to wit:

              David Harry                   -      Mayor
              Mary Ann Johnston             -      Mayor Pro-Tem

              Richard E. (Dick) Littell     -
              Tracy Doyle                   -
              Linda Herndon                 -      Council Members
              Jeff Newberry                 -
              Marvin Kahlden                -

                                          And

              Clayton W. Chandler           -      City Manager
              Chris Burkett                 -      Assistant City Manager
              Cathy Anderson                -      Assistant City Manager
              Allen Taylor                  -      City Attorney
              Craig Magnuson                -      City Prosecutor
              Vicki Collins                 -      City Secretary
              Peter K. Phillis              -      Director of Finance
              Chris Dick                    -      Asst. Director of Finance
              Gary Cardinale                -      Budget/Purchasing Officer
              Alex Rodriguez                -      Fire Chief
              Gary Fowler                   -      Deputy Police Chief
              Felix Wong                    -      City Planner
              Lisa Sudbury                  -      Senior Planner
              Todd Williams                 -      IT Director
              Steve Freeman                 -      Public Works Director
              Belinda Willis                -      Public Information Officer
              Roger Feagley                 -      Executive Director, MEDC
              Shelly Lanners                -      Director of Parks & Recreation
              Bud Ervin                     -      Utility Operations Supervisor

Mayor Harry called the meeting to order at 5:00 p.m.

Groundbreaking – New Public Safety Building: The Mayor and Council Members
met for a brief groundbreaking ceremony at 1305 East Broad Street at the conclusion of
which they returned to the City Hall at 1200 East Broad Street for a reception. Mayor
Regular City Council Meeting Minutes
January 12, 2004
Page 2 of 8


David Harry recessed into executive session at 5:35 p.m. under authority of Chapter
551.071, 551.072, 551.074, 551.075, 551.087, and 551.076 Texas Government Code.
Mayor Harry adjourned the executive session at 6:40 p.m. for a 10-minute break.

Executive session was adjourned and recessed at the following times:

        6:40 p.m.       Adjourn for 10-minute break
        6:45 p.m.       Reconvene

Mayor Harry adjourned the executive session at 7:05 p.m. and called the regular meeting
back to order.

Work Session and Staff Comments: No action taken.

Invocation and Pledge of Allegiance: The invocation was given by Pastor Shawn
DuMond, Director of Discipleship, First United Methodist Church, who also led the
Pledge of Allegiance.

Take Action Necessary Pursuant to Executive Session: No action taken.

Regular City Council Meeting Minutes of December 8, 2003: Motion by Council
Member Kahlden to dispense with the reading of the minutes of the December 8, 2003,
regular meeting and approve as presented. Second by Council Member Doyle, motion
carried with 7 ayes and 0 nays.

Citizen Comments: The following spoke before the Council:

    •   Wayne Wilshire, 1101 Pine Hurst Court – Solicitations in roadways and over 65
        exemptions
    •   Houston Mitchell, 605 St. Eric – Reduction of speed limit in all residential areas
    •   Craig Clark, 2208 Seaboard, Midland – Extension of oil and gas drilling
        moratorium
    •   Duane Murray, 1019 Walnut Falls Circle – complaint filed with ethics
        commission

Presentation – Outstanding Achievement – Finance Department: Clayton W.
Chandler, City Manager, presented a copy of the Fiscal Year October 1, 2003 through
September 30, 2004 Budget to Mayor Harry. Clayton W. Chandler, City Manager,
presented the Outstanding Achievement in Popular Annual Reporting Award to Peter K.
Phillis, Gary Cardinale and Chris Dick.

Council Comments:

Council Member Newberry asked for support from the Council to discuss the over 65
exemptions.
Regular City Council Meeting Minutes
January 12, 2004
Page 3 of 8




Council Member Littell thanked Clayton W. Chandler, City Manager, and Ms. Maribel P.
Chavez, District Engineer with Texas Department of Transportation, for the clean up of
the area located at 287 and 157. Council Member Littell thanked the Planning and
Zoning Commission and City Staff for their 2003 accomplishments.

Mayor Harry stated that he will not be seeking re-election for a third term in May, 2004.

Staff Comments: None.

Ordinance – Public Hearing and First Reading on an Ordinance Approving a
Specific Use Permit on Approximately 1.7 Acres, Generally Located on the West
Side of U.S. Highway 287, Approximately 550 Feet North of Walnut Creek Drive;
Discount Tire (ZC#03-016): Brian Parker, 1525 Papcete Drive, Plano, and Don
Thrailkill, Discount Tire, Scottsdale, AZ, Applicants, made a brief presentation. Mayor
Harry opened the public hearing at 7:35 p.m. With no one wishing to speak, it was noted
that the public hearing will be carried through the second reading. Motion by Council
Member Kahlden to approve the first reading on “AN ORDINANCE OF THE CITY
OF MANSFIELD, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF MANSFIELD, AS HERETOFORE AMENDED,
SO AS TO GRANT A SPECIFIC USE PERMIT FOR DISCOUNT TIRE ON THE
HEREINAFTER DESCRIBED PROPERTIES; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.” Second by Council Member Littell. Motion
by Council Member Kahlden to approve the issuance of the specific use permit and as
one of the conditions on the permit require that at the time the application is made for a
sign permit, the applicant must conform to the existing sign regulations that are in place.
Second by Council Member Littell. After discussion, it was suggested that Staff bring
back specific design recommendations at the second reading that could be incorporated
into the ordinance and bring back suggestions regarding the competition issue. Council
Members Kahlden and Littell withdrew their amendment. Main motion to approve first
reading carried with 7 ayes and 0 nays.

Ordinance – Public Hearing Continuation and Second Reading on an Ordinance
Approving an Amendment of the Zoning Ordinance to Restrict the Height of Fences
between Properties at Different Grade Levels: The public hearing remained open
from the December 8th meeting. With no one wishing to speak, Mayor Harry closed the
public hearing at 8:00 p.m. Motion by Council Member Herndon to approve the second
reading on “AN ORDINANCE OF THE CITY OF MANSFIELD, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF MANSFIELD, TEXAS AS HERETOFORE AMENDED BY AMENDING
SECTION 7300K OF SAID ORDINANCE REGARDING MAXIMUM FENCE
HEIGHT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
Regular City Council Meeting Minutes
January 12, 2004
Page 4 of 8


CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.” Second by Council Member Kahlden, motion carried with 7
ayes and 0 nays.

Ordinance – Public Hearing Continuation and Second Reading on an Ordinance
Approving an Amendment of Section 10 of the Subdivision Control Ordinance to
Require Sidewalks: Felix Wong, City Planner, made a brief presentation. The public
hearing remained open from the December 8th meeting. With no one wishing to speak,
Mayor Harry closed the public hearing at 8:00 p.m. Motion by Mayor Pro Tem Johnston
to approve the second reading on “AN ORDINANCE OF THE CITY OF
MANSFIELD, TEXAS, AMENDING THE SUBDIVISION CONTROL
ORDINANCE OF THE CITY OF MANSFIELD, BY AMENDING SECTION 10
OF SAID ORDINANCE, REQUIRING SIDEWALKS ALONG PUBLIC AND
PRIVATE STREETS AND ALONG THE STREET FRONTAGE OF
DEVELOPMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.” Second by Council Member Doyle. Motion by Council Member
Newberry to amend the ordinance to reduce the width of the sidewalk width within
residential subdivisions from 5’ to 4’ as recommended by City staff. Second by Council
Member Littell, motion to amend carried with the following vote:

VOTING AYE:             Mayor Harry, Mayor Pro Tem Johnston, Council Members Littell,
                        Doyle, and Newberry
VOTING NAY:             Council Members Herndon and Kahlden
ABSTENTIONS:            None

Main motion carried with 7 ayes and 0 nays.

Ordinance – Public Hearing Continuation and Second Reading on an Ordinance
Approving a Zoning Change from PR to C-2 on Approximately 2.5 Acres Located at
2001 North U.S. Highway 287; Kerry Don Hutchison (ZC#03-017): The public
hearing remained open from the December 8th meeting. With no one wishing to speak,
Mayor Harry closed the public hearing at 8:02 p.m. Motion by Council Member
Herndon to approve the second reading on “AN ORDINANCE OF THE CITY OF
MANSFIELD, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF MANSFIELD, AS HERETOFORE AMENDED,
SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED
PROPERTIES         TO      C-2,    COMMUNITY          BUSINESS        DISTRICT
CLASSIFICATION, PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
Regular City Council Meeting Minutes
January 12, 2004
Page 5 of 8


DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.” Second by Council Member Littell, motion carried with 7 ayes
and 0 nays.

Ordinance – Public Hearing Continuation and Second Reading on an Ordinance
Revising the Development Application Fee Schedule to Increase the Concept Plan
Review Application Fee: The public hearing remained open from the December 8th
meeting. With no one wishing to speak, Mayor Harry closed the public hearing at 8:02
p.m. Motion by Council Member Kahlden to approve the second reading on “AN
ORDINANCE OF THE CITY OF MANSFIELD, TEXAS, AMENDING THE
DEVELOPMENT APPLICATION FEE SCHEDULE; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.” Second
by Council Member Doyle, motion carried with 7 ayes and 0 nays.

CONSENT AGENDA:

All items (A, B, C, D and E) on the Consent Agenda were voted on individually.

Item A. – Resolution – A Resolution Approving an Engineering Services Agreement
for the Purpose of Completing a Vulnerability Assessment of the City of Mansfield
Water System: Council Member Doyle removed the item from the consent agenda.
Item was postponed until after Executive Session.

Item B. - Resolution – A Resolution Considering a 120-Day Extension to the
Moratorium for the Submission and Processing of Applications for Specific Use
Permits for Oil and Gas Operations in the City of Mansfield: Mayor Harry removed
item from the consent agenda. Motion by Council Member Kahlden to approve the
following resolution:

                                  RESOLUTION NO. 1858

A RESOLUTION EXTENDING A 120-DAY MORATORIUM ON THE
ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR ZONING
CHANGES AND/OR THE ISSUANCE OF SPECIFIC USE PERMITS TO
PERMIT   MINERAL   EXTRACTION    THROUGH    OIL   AND   GAS
EXPLORATION OR OPERATIONS WITHIN THE CORPORATE LIMITS OF
THE CITY OF MANSFIELD FOR AN ADDITIONAL 120 DAYS; PROVIDING
THAT THE FINDINGS AND PROVISIONS OF RESOLUTION NUMBER 1837
ARE RATIFIED AND REAFFIRMED; AND PROVIDING THAT THIS
RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE.

(Resolution in its entirety located in the City Secretary’s Office)

Second by Council Member Herndon, motion carried with the following vote:
Regular City Council Meeting Minutes
January 12, 2004
Page 6 of 8




VOTING AYE:             Mayor Harry, Mayor Pro Tem Johnston, Council Members Littell,
                        Herndon, Newberry and Kahlden
VOTING NAY:             Council Member Doyle
ABSTENTIONS:            None

Item C. - Resolution – A Resolution Authorizing a Contract with Freese & Nichols,
Inc. for Design Services and with Brittain & Crawford for Surveying Services for
the New Northwest 1 Million Gallon Elevated Storage Tank: Council Member Doyle
removed item from the consent agenda. Motion by Mayor Pro Tem Johnston to approve
the following resolution:

                                  RESOLUTION NO. 1859

A RESOLUTION AUTHORIZING A CONTRACT WITH FREESE & NICHOLS,
INC. FOR DESIGN SERVICES AND WITH BRITTAIN & CRAWFORD FOR
SURVEYING SERVICES OF THE NEW NORTHWEST 1.0 MILLION GALLON
ELEVATED STORAGE TANK.

(Resolution in its entirety located in the City Secretary’s Office)

Second by Council Member Kahlden, motion carried with 7 ayes and 0 nays.

Item D. – Resolution – A Resolution Authorizing a Contract Amendment with C&P
Engineering, Ltd. for the Design of the Skylark Drive Improvements: Motion by
Council Member Newberry to approve the following resolution:

                                  RESOLUTION NO. 1860

A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH C&P
ENGINEERING, LTD. FOR THE DESIGN OF THE SKYLARK DRIVE
IMPROVEMENTS.

(Resolution in its entirety located in the City Secretary’s Office)

Second by Council Member Littell, motion carried with 7 ayes and 0 nays.

Item E. - Resolution – A Resolution Authorizing a Contract Amendment with Weir
& Associates for the Design of the Debbie Lane Improvements from US 287 to
Walnut Creek Drive: Motion by Council Member Littell to approve the following
resolution:
Regular City Council Meeting Minutes
January 12, 2004
Page 7 of 8


                                  RESOLUTION NO. 1861

A RESOLUTION AUTHORIZING CONTRACT AMENDMENTS WITH WEIR &
ASSOCIATES, INC. FOR THE DESIGN OF THE DEBBIE LANE
IMPROVEMENTS FROM US 287 TO WALNUT CREEK DRIVE.

(Resolution in its entirety located in the City Secretary’s Office)

Second by Council Member Newberry, motion carried with 7 ayes and 0 nays.

END OF CONSENT AGENDA

Mayor Harry adjourned the regular meeting at 8:10 p.m. for a 10-minute recess and
reconvened into executive session under authority of Chapter 551.071, 551.072, 551.074,
551.075, 551.087, and 551.076 Texas Government Code. Mayor Harry adjourned
executive session at 9:30 p.m. and called the regular meeting back to order.

Item A – Resolution – A Resolution Approving an Engineering Services Agreement
for the Purpose of Completing a Vulnerability Assessment of the City of Mansfield
Water System: Motion by Council Member Herndon to approve the following
resolution:

                                  RESOLUTION NO. 1857

A   RESOLUTION AUTHORIZING AN ENGINEERING SERVICES
AGREEMENT TO CONDUCT A WATER SYSTEM VULNERABILITY
ASSESSMENT.

(Resolution in its entirety located in the City Secretary’s Office)

Second by Council Member Doyle, motion carried with 7 ayes and 0 nays.

Ordinance – First Reading of an Ordinance Amending Title IX of the Mansfield
Code of Ordinances to Prohibit Solicitations and Sales While Standing in Certain
Roadways, Medians or Traffic Islands: Motion by Council Member Kahlden to
approve the first reading on “AN ORDINANCE AMENDING TITLE IX OF THE
CODE OF ORDINANCES OF THE CITY OF MANSFIELD TO PROHIBIT
SOLICITATIONS AND SALES WHILE STANDING IN CERTAIN ROADWAYS
OR ON CERTAIN MEDIANS OR TRAFFIC ISLANDS; TO PROHIBIT
SOLICITATIONS AND SALES TO THE OCCUPANTS OF ANY VEHICLE ON
CERTAIN ROADWAYS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
Regular City Council Meeting Minutes
January 12, 2004
Page 8 of 8


NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.” Second by Council
Member Herndon, motion carried with 7 ayes and 0 nays.

Board Appointments; Mansfield Economic Development Corporation Board
Members and Ex-Officio Officers: Motion by Council Member Newberry to appoint
the following:

    •   Darryl Haynes – Voting Member - 3 year term
    •   Michael Slataper – Chamber Ex-Officio Member – 1 year term

Second by Council Member Littell. Motion by Council Member Kahlden to amend the
motion as follows:

    •   Chamber Ex-Officio Member - Place this appointment on the next agenda
    •   Darryl Haynes – Appoint as voting member

Second by Council Member Doyle, motion carried with the following vote:

VOTING AYE:             Mayor Pro Tem Johnston, Council Members Doyle, Herndon and
                        Kahlden
VOTING NAY:             Mayor Harry, Council Members Littell and Newberry
ABSTENTIONS:            None

Main motion to appoint Darryl Haynes to the MEDC Board as a voting member with a 3
year term carried with 7 ayes and 0 nays.

Discussion; Speed Limit/Speed Humps on South Walnut Creek Drive: Steve
Freeman, Director of Public Works, made a presentation. He stated it was staff’s
recommendation that a speed hump policy not be implemented at this time. He stated
that City staff will place information on the City’s website regarding this issue.

Adjourn: The meeting adjourned at 9:45 p.m.

All comments are on tape in the City Secretary’s Office.

APPROVED: David Harry, Mayor
ATTEST: Vicki Collins, City Secretary

				
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