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Home My WebLink AboutCity Council-Minutes-9/11/2001 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 11, 2001 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on September 11, 2001, at 6:54 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, and Dana Feldman, John Orrell and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Fire Chief Mike Johnston, Economic Development Manager Mike Soab, Community Development Manager Barry LeBaron, Project Manager Clayton Husband, Public Works Manager Randy Brown, Marketing Specialist Dixie Cawthorne, Administrative Intern Cindy Martin, City Attorney Ross Foster, and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition - Fire Station Personnel - Tax Increment Financing District Board of Directors Sec. 551.072 - Sec. 551.074 - Mayor Arp explained that the Executive Session had been called in accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:56 p.m., and reconvened at 7:47 p.m. The invocation was given by Pastor Lee Johnson of Bear Valley Community Church, after which Ross Foster led the Pledge of Allegiance. CITY COUNCIL MINUTES SEPTEMBER 11, 2001 2. READING AND PUBLIC HEARING - Resolution R-01-1837 - Appointment of Councilperson to Place 4 Mayor Arp opened the public hearing and read Resolution R-01-1837 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp accepted nominations. Councilman Hocutt nominated John Orrell. Councilman Feldman nominated Jim Moore. Discussion ensued regarding appointing an individual who has served on the Council previously, someone that has not served on Council and is not currently serving on a Board or Committee and does not intend to run for Council in the May election. Mayor Arp stated that she is delighted with the people that applied and thanked them for their willingness to serve. Mayor Arp called for the vote. John Orrell - Councilman Hocutt and Councilman Rice Jim Moore - Councilman Feldman and Mayor Pro Tem Tigue City Attorney stated that the 2-2 vote requires Mayor Arp to break the tie. Mayor Arp voted for John Orrell. Mayor Arp declared John Orrell appointed to City Council, Place 4. 3. SWEARING IN OF NEW COUNCILPERSON City Secretary Cynthia Singleton administered the Oath of Office to John Orrell. 2 CITY COUNCIL MINUTES SEPTEMBER 11, 2001 4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Rice stated that there was discussion as to whether to have the Council meeting in light of the tragic events that occurred today but the City was legally required to adopt the FY2001-2002 budget, approve the tax rate and appoint a Councilperson. Mayor Arp asked Chief Johnston to review the City's emergency preparedness measures and thanked the fire and police staff for taking care of the citizens. CONSENT: 5. READING AND PUBLIC HEARING - Resolution R-01-1838 Consent Items: a. Approval of minutes of the regular City Council meeting of September 4, 2001 b. Approval of additional testing services with Rone Engineers, Inc., for the Colleyville Justice Center, in the amount of $20,317.25 c. Renewal of an Interlocal Agreement with the City of Southlake, Texas, for Geographic Information System (GIS) services d. Approval to extend the Interlocal Agreement with the City of Grapevine for fleet services for Fire Department vehicles e. Approval of Annual Review of the City's Investment Policy f. Approval of the Local Historical Marker Application for the Memorial for the Colleyville Civil War Veterans Mayor Arp opened the public hearing and read Resolution R-01-1838 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Item f was removed at the request of staff. Mayor Pro Tem Tigue moved to approve Resolution R-01-1838 with the exception of Item f. Councilman Feldman seconded the motion. 3 ----.--..-.--.------------..-.-..---~-----. -'-T'--.' -- -.-..-..-- CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1298- Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst on 1.4 acres of land at the common city limit line and the end of Live Oak Drive, Case G-01-014 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1298. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to approve Ordinance 0-01-1298. Councilman Feldman seconded the motion. Staff recommended that the item be tabled at the request of the City of Hurst. Councilman Rice withdrew his motion and Councilman Feldman withdrew her second to the motion. Councilman Rice moved to table Ordinance 0-01-1298. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1299 - Approval of a Special Use Permit for vehicle sales with outside display requested by Allen Roberts, Big Tex Trailers, located at 4201 Colleyville Boulevard, Case Z- 01-020 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1299. Councilman Rice moved to table Ordinance 0-01-1299. 4 --"----"------"---"""."---~-"--"-----"~-- ----,..._----" CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Mayor Pro Tem Tigue seconded the motion. Councilman Rice withdrew his motion to table Ordinance 0-01-1299 and Mayor Pro Tem Tigue withdrew her second to the motion. Mayor Arp opened the public hearing and there was no present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to table Ordinance 0-01-1299. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1300 - Approval of an amendment to Chapter 6 of the Colleyville Code of Ordinances regarding alcoholic beverages regulations, Case G-01-015 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1300. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1300. Councilman Feldman seconded the motion. Mayor Arp stated that Council has not received any opposing communication regarding this Ordinance. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1301- Adoption of the proposed Fiscal Year 2001-2002 Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1301. 5 CITY COUNCIL MINUTES SEPTEMBER 11, 2001 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue thanked staff for their work on the budget. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1301. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1302 - Setting the Ad Valorem Tax Rate for Fiscal Year 2001-2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1302. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1302. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1303 - Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1303. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to table Ordinance 0-01-1303. Mayor Pro Tem Tigue seconded the motion. 6 .~_....__....._._._.__.._.,_._-_._......_......_..... ... ........---.-.-...-...-......,--.- CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Councilman Rice withdrew his motion to table Ordinance 0-01-1303 and Mayor Pro Tem Tigue withdrew her second to the motion. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1303 with an amendment adding a Weed Mowing Notification Fee of $50 and changing the Weed Mowing Administrative Fee from $15 to $120. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1304 - Adopting a water and sewer rate increase Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1304. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1304. Councilman Hocutt seconded the motion. Staff reported that rates have not been raised since 1988. This increase will fund a bond sale for engineering and right of way construction items needed for utility relocation along Highway 26 for the Highway 26 Improvement Project. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1305 - Approval of Texas Municipal Retirement System (TMRS) Updated Service Credit and Annuity Increase Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1305. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 7 -- ..-.-. --"'- --~.. -_.--,.-._-----~_._- ....~--"'_...__.-._. --_._- ------.... - ."... ....---.--...-.-----...--. CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Councilman Feldman Moved to approve Ordinance 0-01-1305. Councilman Orrell seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1306 - Approval of a City Developer Agreement with I.C.1. Development L.L.C., for the Clairmont Addition - Phase I Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1306. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 15. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1307 - Adopting the Colleyville Economic Development Corporation Fiscal Year 2002 Budget Mayor Arp opened the public hearing and read Ordinance 0-01-1307. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp stated that the Colleyville Economic Development Corporation (CEDC) met at 5:30 p.m. and passed the CEDC budget and elected Councilman Hocutt as President and Councilman Feldman as Vice-President. 16. READING AND PUBLIC HEARING - Resolution R-01-1839 - Approving the Economic Development Capital Improvement Program (FY2002-2006) for the Colleyville Economic Development Corporation Mayor Arp opened the public hearing and read Resolution R-01-1839 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Resolution R-01-1839. Councilman Hocutt seconded the motion. 8 w.______..__._. ._.-.......~-_._.~---_.-r--._....._._.- . ..Ww...,...w.._. CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Ayes: Councilpersons Hocutt, Feldman, Orrell and Mayor Pro Tem Tigue Nays: Councilman Rice Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-01-1840 - Calling a special election for the purpose of electing a Councilperson to Place 4, for the unexpired term, to be held on November 6,2001 Mayor Arp opened the public hearing and read Resolution R-O 1-1840 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Orrell moved to approve Resolution R-01-1840. Mayor Pro Tem Tigue seconded the motion. City Secretary reported that the City is planning to enter into an agreement with the County to have a joint election, which will provide voter convenience for the citizens and cost savings to the City. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 18. RECONSIDERATION OF RESOLUTION R-01-1824 - Approval of a final plat of Heritage Glen Addition requested by Matt Torbit, Mady Development Corporation, 10.0 acres located at 3508 Glade Road, Case P-01-021 Mayor Arp opened the public hearing and stated that Council will reconsider Resolution R-01-1824. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Matt Torbitt, 1420 W. Mockingbird Lane, Dallas, Texas, applicant, was present to answer questions of the Council. Mayor Pro Tem Tigue moved to approve the final plat for the Heritage Glen addition. Councilman Hocutt seconded the motion. 9 CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Discussion ensued regarding the single entrance to the subdivision, homes being sprinkled and the recommended approval by Fire Chief Mike Johnston. Ayes: Councilpersons Hocutt, Rice, Orrell and Mayor Pro Tem Tigue Nays: Councilman Feldman Mayor Arp declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-01-1841 - Approval certifying as the reasons for denial of the application for the final plat of the Heritage Glen Subdivision No action was taken on this item. TABLED ITEMS: 20. CONSIDERATION OF ORDINANCE 0-01-1293 - A Special Use Permit for alcoholic beverage sales for on-premise consumption, requested by Michael Nevares, on Lot AR, E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Miguelito's Mexican Restaurant, Case Z-01-015 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1293. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue made a motion to remove Ordinance 0-01-1293 from the table. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1293. Councilman Orrell seconded the motion. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1293 with the following amendment: delete the last five words, in Section 1, "subject to the following conditions" and delete paragraph a in Section 1. Councilman Orrell seconded the motion. 10 CITY COUNCIL MINUTES SEPTEMBER 11, 2001 Mr. Michael Nevares, 1216 Crestview Drive, Bedford, Texas, applicant, was present to answer questions of the Council. Discussion ensued regarding alcohol consumption confined to the restaurant. Ayes: Councilpersons Hocutt, Rice, Feldman, Orrell and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. STAFF REPORTS: 21. MONTHLY FINANCIAL REPORT There was no action taken on this item. 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mayor Arp announced that the Carter Bloodcare Neighborhood Donor Centers are accepting blood donations for the tragedy in New York. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 11, 2001 - Reading and Public Hearing - Resolution R-01-1842 This Resolution was not needed. ADJOURNMENT: 24. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Orrell seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 9:20 p.m. 11 CITY COUNCIL MINUTES SEPTEMBER 11, 2001 APPROVED THIS cZ.~ DAY OF ge~ , 2001, BY A VOTE OF ..s AYES, <!), AND 0 ABSTENTIONS. Minutes taken and prepared by: ~~~ Cynthia Singleton, TRMC City Secretary 12