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HomeMy WebLinkAboutCity Council-Minutes-9/5/2000 MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 5, 2000 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on September 5, 2000, at 6:47 p.m. ROLL CALL: Council persons 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, Public Services Director Bob Whitehead, Community Development Manager Barry LeBaron, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, 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. 551.071 - Sec. 551.072- Sec. 551.072- Sec. 551.074- Consultation with Attorney a. Town Center Colleyville Phase I Plat b. Open Meetings Act c. Leyton Grove drainage Property Acquisition - Colleyville Boulevard 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 551, Subchapter 0, Section 551.071 - Consultation with Attorney, 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 6:50 p.m., and reconvened at 7:52 p.m. CITY COUNCIL MINUTES SEPTEMBER 5, 2000 The invocation was given by Reverend Bart McDonald, First Baptist Church of Colleyville, 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 presented a Proclamation for American Heart Walk to Tamara Ward and Daria Dennison. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1707 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 15, 2000 b. Approval of minutes of the City Council worksession held August 22, 2000 c. Approval of a bid award to Harry McMorris Cement Contractor in the amount of $14,860 for drainage improvements at Somerset Boulevard and Bedford Road d. Approval of Historical Preservation Committee Goals and Objectives for 2000 - 2001 e. Approval of City of Colleyville Local Historical Marker Program f. Approval of Setting a Public Hearing date for a request by HEB MRI Center to move two (2) modular buildings to 5100 SH 121 g. Approval of authorization for construction work on Sundays by Lone Star Railroad Contractors, Inc. Mayor Arp opened the public hearing and read Resolution R-00-1707 in its entirety. Mr. Rick Bradford, 5100 S. H. 121, Healthy Approach Market, and Ms. Susan Robinson, 2407 Overbrook, spoke regarding Item 3f, requesting approval. 2 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the value of the machinery that would be in the mobile MRI building. Councilman Marlin requested that Items c and f be removed from the Consent Resolution and moved to approve Resolution R-00-1707. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Item c Discussion ensued regarding the cost of the proposed drainage improvements and the proposed structure. 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. Peter Challinor, 1201 Somerset Boulevard, spoke regarding an accident he had at this location and in favor of the proposed improvements. There were no others wishing to speak concerning this item. Itemf Discussion ensued regarding the moving of mobile buildings into Colleyville, time limit, parking, and a waiver from the Ordinance requirements. 3 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 Mayor Pro Tem Tigue moved to approve Items c and f of Resolution R-00-1707. Councilman Marlin 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 0-00-1232 - A request for private streets and entrance gates for the Shalimar Addition, requested by Mehrdad Moayedi, President of the Shalimar Homeowners' Association located on the south side of John McCain Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1232. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1232. Councilman Feldman seconded the motion. Ms. Anna Khalil, 7005 Shalimar Court, was present to answer questions of the Council. Discussion ensued regarding the structure and materials to be used in the construction of the proposed gate, the stub abandonment, pedestrian access, property ownership, signed releases from the homeowners, a required agreement between the HOA, the homeowners, and the City, and an attorney's opinion letter. The City Attorney recommended an amendment to add language regarding the required agreement between the HOA, the homeowners, and the City for his review. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 4 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1234 - Approval of a contract between the City of Colleyville and The Village at Colleyville for public improvements Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1234. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1234. 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 0-00-1235 - Amending Chapter 62, Article II and adding Section 62-41, "Curfew hours for minors" Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1235. Mr. Jim Moore, 1416 Glade Road, and Ms. Dee Barker, 2200 Oak Knoll, spoke in favor of the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tern Tigue moved to approve Ordinance 0-00-1235. Councilman Taylor seconded the motion. Discussion ensued regarding abuse, harassment, and safety for youth. Ayes: Councilpersons Short, Taylor, Feldman, and Mayor Pro Tem Tigue Nays: Councilperson Marlin Mayor Arp declared the motion carried. 5 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1236 - Adoption of the proposed Fiscal Year 2000-2001 Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1236. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1236. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1237 - Setting the Ad Valorem Tax Rate for Fiscal Year 2000-2001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1237. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1237. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1238 - 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 0-00-1238. 6 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the changes to the Community Center fee schedule. Mayor Pro T em Tigue moved to approve Ordinance 0-00-1238. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1239 - Amending Chapter 98, Article IV, Section 98-104 of the Colleyville Code of Ordinances, "Schedule of Drainage Charges" Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1239. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Marlin moved to approve Ordinance 0-00-1239, with an amendment from a $2 increase to a $4 increase per household. Councilman Short seconded the motion. Discussion ensued regarding increasing only residential and proportional increases. Councilman Short moved to suspend the rules to allow the citizens to speak. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. Mr. Joe Deupree, 5101 Montclair Drive, spoke in opposition to the 100% increase. 7 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 The vote on the amendment was as follows: Ayes: Councilperson Marlin Nays: Councilpersons Short, Taylor, Feldman, and Mayor Pro Tern Tigue Mayor Arp declared the amendment failed. Mayor Pro Tern Tigue moved to approve Ordinance 0-00-1239. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1240 - Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst in the Madison Place Addition located in the 400 block of West Glade Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1240. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Ordinance 0-00-1240. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1241 - Amending Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1241. 8 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding stipulations on time limits and visibility hazards. 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1242 - Approval of a City/Developer Agreement with Goodacre Limited Partnership for Westmont Addition Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1242. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1243 - Amending Ordinance 0-98-1117, City of Colleyville Investment Policy Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1243. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 15. READING AND PUBLIC HEARING - Resolution R-OO-1709 - Authorizing the Texas Department of Transportation to hire an engineering firm to design the improvements to SH26 Mayor Arp opened the public hearing and read Resolution R-OQ-1709 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the reimbursement by the State for the improvements. Mayor Pro Tem Tigue moved to approve Resolution R-00-1709. Councilman Taylor seconded the motion. Ayes: Councilpersons Taylor, Feldman, Marlin and Mayor Pro Tem Tigue Nays: Councilman Short 9 CITY COUNCIL MINUTES SEPTEMBER 5,2000 Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-00-1710 - Authorizing the City Manager to work with the North Central Texas Council of Governments staff to explore alternative east-west transportation corridors in Colleyville Mayor Arp opened the public hearing and read Resolution R-OO-1710 in its entirety. Mr. Rich Munson, 1905 Hall-Johnson Road, Ms. Dee Barker, 2200 Oak Knoll Drive, and Ms. Linda Baker, 404 W. McDonwell School Road, spoke in opposition to the proposed Resolution. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding funding for SH 26 and an east-west corridor, the City being a regional player, intersection improvements, air quality, density of The Village, and commitment of staff time and dollars. Councilman Marlin moved to approve Resolution R-00-1710. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-00-1711 - Rescinding Resolution R-99-1585, authorizing the City Manager to sign deeds and accept donations of land for the site of the new City Hall and entry road Mayor Arp opened the public hearing and read Resolution R-00-1711 in its entirety. Mr. Rich Munson, 1905 Hall-Johnson Road, spoke in support of this Resolution. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 10 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 Discussion ensued regarding the compliance of the charter, council approval prior to the accepting or signing of a deed or donation, and "no strings attached" on gifts to the City. Councilman Feldman moved to approve Resolution R-00-1711. Mayor Pro Tern Tigue seconded the motion. Ayes: Councilpersons Feldman, Marlin, and Mayor Pro Tem Tigue Nays: Councilpersons Short and Taylor Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-00-1712 - Approval of a Combination Plat of Town Center Colleyville Addition, Phase I, requested by Patsy Smith and the City of Colleyville, 60.57 acres located at the southeast corner of Hall-Johnson Road and Colleyville Boulevard City Manager recommended this item be passed over due to a request from the applicant to withdraw the request. Mayor Arp opened the public hearing and read Resolution R-00-1712 in its entirety. Ms. Ruth Heidel, 1712 Gatehouse Court, showed a video tape regarding camping in Wal Mart parking lots. Ms. Jill Van Over, 2303 Ballantrae Drive, Ms. Heidi Raush, 5508 Janet Lane, Mr. Rich Munson, 1905 Hall-Johnson Road, Ms. Kim Rose, 5509 Janet Lane, Ms. Patricia Wirtz, 5505 Janet Lane, and Mr. Bob Hennessey, 1600 Royal Lane, spoke in opposition to the proposed Resolution. 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. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 11 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 Mr. Jerome Davis, 1704 Avalon, spoke in favor of commercial development and growth in Colleyville, There were no others wishing to speak concerning this item. Mayor Pro Tem Tigue moved to deny Resolution R-00-1712. Councilman Marlin seconded the motion. Discussion ensued regarding what is in the best interest of the citizens of Colleyville. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 19. READING AND PUBLIC HEARING - Resolution R-00-1703 - Approving the storm drainage improvement plan for the Bridges at Riverwalk Councilman Short moved to remove this item from the table. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Pro Tem Tigue moved to approve Resolution R-OO-1703. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 REPORTS: 20. PLANNING AND ZONING COMMISSION MINUTES - August 14, 2000 ZONING BOARD OF ADJUSTMENTS MINUTES- August 8, 2000 and August 22,2000 PARKS AND RECREATION ADVISORY BOARD MINUTES - August 14, 2000 COMMUNITY CENTER ADVISORY COMMITTEE MINUTES - July 31, 2000, August 14, 2000 and August 28, 2000 There was no action taken on this item. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 5, 2000 - Reading and Public Hearing - Resolution R-OO-1708 Mayor Arp opened the public hearing and read Resolution R-00-1708 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-00-1708, approving the bid of Harry McMorris Cement Contractor in the amount of $14,860 for drainage improvements at Somerset Boulevard and Bedford Road, and approving the public hearing date for a request by HEB MRI Center to move two (2) modular buildings to 5100 S. H. 121 set for September 19,2000. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13 CITY COUNCIL MINUTES SEPTEMBER 5, 2000 ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the meeting adjourned at 10:38 p.m. APPROVED THIS ~ DAY OF ~'f AYES, b NAYS, AND 0 _ ABSTEN IONS. , 2000, BY A VOTE OF 5 Minutes taken and prepared by: ~2i~ City Secretary 14