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HomeMy WebLinkAboutCity Council-Minutes-8/2/2000 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING AUGUST 2, 2000 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on August 2, 2000, at 6:47 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Ken Kolsti, Director of Public Services Bob Whitehead, Community Development Manager Barry LeBaron, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Economic Development Manager Mike Soab, Police Chief John Young, Fire Chief Mike Johnston, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.072- Sec. 551.072- Sec. 551.072- Sec. 551.074- Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road Property Acquisition - L. D. Lockett Road Personnel - The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office. Mayor Arp explained that the Executive Session had been called in accordance with Texas Government Code Chapter 551, Subchapter 0, Section 551.072 - Property Acquisition and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during that time. The meeting was recessed at 6:48 p.m., and reconvened at 7:43 p.m. CITY COUNCIL MINUTES AUGUST 2, 2000 The invocation was given by Mayor Donna Arp after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp thanked the Police and Fire Departments for participating in the National Night Out activities throughout the City. Councilman Taylor announced that some of the Council members had attended a Texas Municipal League Conference in Corpus Christi recently and thanked the citizens for allowing them the opportunity to attend these conferences so that they may better serve as Council members. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1690 - Consent Items: a. Approval of minutes of the regular City Council meeting of July 18, 2000 b. Approval of minutes of the City Council worksession held July 20, 2000 c. Approval and adoption of the 2000 Certified Tax Roll d. Approval of an agreement with Newman, Jackson and Bieberstein for Bransford Park and authorizing the use of Colleyville Economic Development Corporation (CEDC) monies in the amount of $13,700 e. Approval of the redirection of Voluntary Park Fund monies in the amount of $10,453 as recommended by the Parks and Recreation Advisory Board f. Approval of the 2000 Water Meter Change-out Program Contract, in the amount of $26,200, with M. L. Gregory Ent. Inc. g. Approval of an Agreement with Clarence West of Dow, Cogbum and Friedman, P.C., to represent the City conceming proceedings before the Public Utility Commission ("PUC") involving Preemption of Municipal Police Powers as to Management of Public rights-of-way for an amount not to exceed $5,000 2 CITY COUNCIL MINUTES AUGUST 2, 2000 Mayor Arp opened the public hearing and read Resolution R-00-1690 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding item e. Councilman Short moved to approve Resolution R-00-1690. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1227 - A zoning change requested by Tom Vogt, Vogt Surveying for Susan R. Green, from AG to CC1 (village retail) on 1.947 acres located at 909 Glade Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1227. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1227. Mayor Pro Tern Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1228 - Establishing Bogart Street as a two-way street from Highway 26 to Pleasant Run Road and Hall-Johnson Road, repealing Ordinance 0-83-473 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1228. 3 CITY COUNCIL MINUTES AUGUST 2, 2000 Mr. Mark Hollis, 7301 Cedar Court, spoke regarding the intersection of Bogart and Pleasant Run Road. Mr. Kurt Eichelman, 5709 Hidden Oaks Drive, spoke in favor of the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to suspend the rules to allow the citizens to speak. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Jim Fletcher, 1000 Hidden Oaks Drive, representing the Hidden Oaks Homeowner's Association, spoke in favor of the proposed Ordinance. There were no others wishing to speak. Mayor Pro Tem Tigue moved to approve Ordinance 0-00-1228. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1229 - Replacing Ordinance 0-93-906, amending Chapter 66, Article II. PUBLIC PARKS of the Colleyville Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1229. Mr. Steve Magee, 6900 Shepherds Glen, representing the Parks and Recreation Advisory Board, and Ms. Sarah Lowe, 2505 Highland Drive, spoke in favor of the proposed Ordinance. " 4 CITY COUNCIL MINUTES AUGUST 2, 2000 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1229. Councilman Short seconded the motion. Discussion was held regarding the Leadership Colleyville event at L. D. Lockett which served alcohol under a controlled circumstance, the limitations required by the ordinance, Section 66-30(c) being the only requested change, family values, image, and risks. Ayes: Councilpersons Short and Taylor Nays: Councilpersons Feldman, Marlin, and Mayor Pro Tem Tigue Mayor Arp declared the motion failed. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1230 - A zoning change requested by Slankson Asiama, from AG to R20 (single family residential, minimum lot size 20,000 sJ.) on 1.35 acres located at 3203 Glade Road, Case Z-00-051 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1230. Mr. Blankson Asiama, P. O. Box 744224, 1284 Abrams Road, Dallas, applicant, stated he would be willing to change his request to R40. Discussion ensued regarding the surrounding buildings, waiver of the fee to go back through the Planning and Zoning Commission to request R40 zoning, and non- conforming use of the property. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1231 - Replacing Ordinance 0-95-990 and Ordinance 0-95-998, amending Chapter 50, Article II, Basis for establishing areas of special flood hazards of the Colleyville Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1231. 5 CITY COUNCIL MINUTES AUGUST 2, 2000 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 9. READING AND PUBLIC HEARING - Resolution R-00-1688 - Authorizing the settlement of the Munson lawsuit Mayor Arp opened the public hearing and read Resolution R-OO-1688 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tern Tigue moved to approve Resolution R-00-1688. Councilman Feldman seconded the motion. City Attorney advised that there would be an Agreed Judgement prepared. Councilman Taylor moved to amend the Resolution to indicate the settlement would be in the amount of $12,000.00. Councilman Short seconded the motion. The vote on the amendment was as follows: Ayes: Councilpersons Short and Taylor Nays: Councilpersons Feldman, Marlin, and Mayor Pro Tem Tigue Mayor Arp declared the vote on the amendment failed. Discussion ensued regarding the dollar amount being offered as a settlement, the most cost efficient way to settle, setting a precedent, and from where the $19,000 figure came. Ayes: Councilpersons Feldman, Marlin, and Mayor Pro Tem Tigue Nays: Council persons Short and Taylor Mayor Arp declared the motion carried. 6 CITY COUNCIL MINUTES AUGUST 2, 2000 10. READING AND PUBLIC HEARING - Resolution R-00-1692 - Approval of a realignment plan for the intersection of Church Street and Hidden Oaks Drive Mayor Arp opened the public hearing and read Resolution R-00-1692 in its entirety. Ms. Joyce Fletcher, 1000 Hidden Oaks Court, Mr. Jim Wright, 1006 Hidden Oaks Court, and Ms. Mary Ann Wilder, 1005 Hidden Oaks Court, spoke in opposition to the proposed Resolution. Mr. Jim Fletcher, 1000 Hidden Oaks Court, representing the HOA, Mr. Bill Slovak, 910 Dogwood Court, Mr. Mark Gluck, 908 Dogwood Court, Mr. Michael Moore, 5606 Hidden Oaks Drive, Mr. Garry Lunsford, 5705 Hidden Oaks Drive, Ms. Donna Marshall, 5707 Hidden Oaks Drive, Mr. Scott Shankland, 5700 Hidden Oaks Drive, Mr. Jeff Raines, 1005 Dogwood Court, Ms. Gretchen Umlor, 5801 Hidden Oaks Drive, Mr. David Brockman, 1000 Dogwood Court, Mr. Ben Boller, 5607 Hidden Oaks Drive, and Mr. Kurt Eichelman, 5709 Hidden Oaks Drive, spoke in favor of the proposed Resolution. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding speed bumps, additional crossing guards, gating the street, emergency access, construction schedule, number of lots in the subdivision, instructing staff to barricade the street temporarily, and signs indicating the actions of the City. Councilman Taylor moved to approve R-00-1692, option 3, adding Section 2: Effective immediately a temporary barricade will be installed by City staff at the south end of Hidden Oaks Drive. Mayor Pro Tem Tigue seconded the motion. Councilman Marlin requested an amendment to allow a warning period for advertising the street closure, prior to the time school opens, including proper signage. Councilman Taylor and Mayor Pro Tem Tigue accepted the amendment. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7 CITY COUNCIL MINUTES AUGUST 2, 2000 11. READING AND PUBLIC HEARING - Resolution R-00-1693 - Appointment of members to the S. H. 26 Corridor Commercial Development Standards Task Force Mayor Arp opened the public hearing and read Resolution R-OO-1693 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-00-1693, amending the number of appointments to 14 and appointing all applicants. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-00-1694 - Approval of the establishment of a policy to notify property owners within 500 feet of property being considered for rezoning Mayor Arp opened the public hearing and read Resolution R-00-1694 in its entirety. Mr. Mark Hollis, 7301 Cedar Court, spoke in favor of the proposed Resolution, and suggested even larger areas of notifications and the notification of not only zoning issues, but also other issues of the City. Ms. Ruth Heidel, 1712 Gatehouse Court, spoke regarding the effective date and requested clarification of the "super majority". Mr. Steve Knight, 3917 Felps Court, spoke regarding the area of notification, stated he did not receive notification of a recent zoning issue, and suggested the City adopt a process that would give proof to the citizens that notices were mailed. Mr. AI Zim, 7209 John McCain, spoke in favor of the proposed Resolution, suggested including the development land in the notification area, and suggested information be available through an e-mail list serve. 8 CITY COUNCIL MINUTES AUGUST 2, 2000 Mr. Rich Munson, 1905 Hall Johnson Road, spoke in favor of the proposed Resolution and requested the clarification of the "super majority". There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the super majority issue, adoption of this policy by ordinance versus resolution, using more legible and more visible notification signs on the property being rezoned, and the cost of notification. Councilman Marlin moved to approve Resolution R-00-1694. The motion died for lack of a second. There was no other action taken on this item. 13. READING AND PUBLIC HEARING - Resolution R-00-1695 - Approval of the "Keys to the City" program Mayor Arp opened the public hearing and read Resolution R-OO-1695 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Short moved to approve Resolution R-00-1695. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Short, Feldman, Marlin, and Tigue Nays: Councilman Taylor Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-00-1696 - Approval to remit final payment to McWilliams Enterprises, Inc. in an amount not to exceed $71,987.48 for construction of the Pleasant Run and Sparger Park restroom facilities Mayor Arp opened the public hearing and read Resolution R-00-1696 in its entirety. 9 CITY COUNCIL MINUTES AUGUST 2, 2000 Mr. Rich Munson, 1905 Hall-Johnson Road, spoke regarding the amount of monies being spent. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-00-1696. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-00-1697 - Approval of the recommendation of the Sign Board of Appeals for a variance to Chapter 7 (Sign Regulations) - Section 7.7F "Prohibition of Temporary Off Premise Signs", of the Colleyville Land Development Code requested by John Hawkins for Rischon Development Corporation for a temporary free standing "Development Sign" located at 6804 Colleyville Boulevard, Case G-00-012 Mayor Arp opened the public hearing and read Resolution R-00-1697 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding setting a precedent and the development in question being landlocked. Mayor Pro Tem Tigue moved to approve Resolution R-00-1697. Councilman Taylor seconded the motion. Ayes: Councilperson Taylor and Mayor Pro Tem Tigue Nays: Council persons Short, Feldman, and Marlin Mayor Arp declared the motion failed. 10 CITY COUNCIL MINUTES AUGUST 2, 2000 TABLED ITEMS: 16. CONSIDERATION OF ORDINANCE 0-00-1225 - Zoning Change from R40 to PUD-C, requested by Kipp Whitman, 6.335 acres located at the southeast corner of Lavaca Trail and Precinct Line Road Councilman Taylor moved to remove this item from the table. Councilman Marlin seconded the motion. Mr. Kipp Whitman, 3402 Crossgate Circle South, applicant, was present to answer questions of the Council. Discussion ensued regarding changes since the second public hearing. Mr. Whitman requested the item remain tabled at this time. Councilman Taylor moved to re-table Ordinance 0-00-1225. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 17. CONSIDERATION OF RESOLUTION R-00-1682 - Approving a Preliminary Plat of Glenwood Addition, requested by David Bagwell, 110 acres located on the north side of McDonwell School Road Councilman Taylor moved to remove this item from the table. Councilman Marlin seconded the motion. Mr. David Bagwell, applicant, was present to answer questions of the Council. Discussion ensued regarding fencing around the lots on the east side of the proposed development, six-inches of concrete versus seven inches on the roadway to the proposed elementary school, cost of the additional two inches of concrete, and drainage. Councilman Taylor moved to approve Resolution R-00-1682. 11 CITY COUNCIL MINUTES AUGUST 2, 2000 Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and M~yor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. REPORTS: 18. COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS MINUTES -7/18/00 TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - 07/10/00 PARKS AND RECREATION ADVISORY BOARD MINUTES - 07/17/00 TREE BOARD MINUTES - 07/17/00 ZONING BOARD OF ADJUSTMENT MINUTES - 07/11/00 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 2, 2000 - Reading and Public Hearing - Resolution R-00-1691 This Resolution was not needed. ADJOURNMENT: 21. ADJOURNMENT There being no further business before the City Council, Councilman Marlin moved to adjourn. Councilman Taylor seconded the motion. 12 CITY COUNCIL MINUTES AUGUST 2, 2000 Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 11 :25 p. m. APPROVED THIS /:iilt DAY OF ll'#cfiS I- AYES, (J NAYS, AND () ABSTEN ONS. 1 2000, BY A VOTE OF (5 Minutes taken and prepared by: Je~1i~ City Secretary 13