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HomeMy WebLinkAboutCity Council-Minutes-1/20/2004 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 20, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on January 20, 2004, at 5:22 p.m. ROLL CALL: Council persons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Director Keith Fisher, Finance Director Terry Leake, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. PC-1. Discussion Monthly Financial Report There was no discussion of this item. PC-2. Discussion of Com cast Cable Communications, formerly A T& T Broadband Basic Cable Service, Equipment and Installation Rates Ms. Connie Cannady of C2 Consulting Services, Inc., reviewed Form 1240 and Form 1205, provided an overview of her summary and recommendations and answered questions of the Council. Ms. Ela Sizemore of Comcast Cable Communications was present to answer questions of the Council. PC-3. Discussion of selecting a date for a Capital Improvement Program (CIP) Worksession There was general discussion regarding the feasibility of a May 15, 2004, bond election. City Council determined that the Capital Improvement Program (CIP) Worksession would be held February 11, 2004, at 5:30 p.m. CITY COUNCIL MINUTES JANUARY 20, 2004 PC-4. Discussion of the January 20, 2004, City Council regular agenda items There was no discussion of this item. There being no further business, Mayor Hocutt declared the meeting adjoumed at 6:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on January 20, 2004, at 6:58 p.m. ROLL CALL: Council persons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Fire Chief Mike Johnston, Parks and Recreation Director Monica Walsh, Communications Manager Dixie Cawthorne, Assistant to the City Manager 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 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072- Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal- Potential Litigation - CMPA Construction Company Proposed Lease of Property - 5100 Colleyville Boulevard Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5209 Colleyville Boulevard Sec. 551.071 - Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal and Section 551.072, Property Acquisition. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:59 p.m. and reconvened at 8:04 p.m. The invocation was given by Councilman Mark Skinner and City Attorney Ross Foster led the Pledge of Allegiance. 2 CITY COUNCIL MINUTES JANUARY 20, 2004 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt invited the citizens to attend the new City Hall and Library Open House on January 23, 2004, from 4:00 to 7:00 p.m. Mayor Hocutt requested that Police Chief John Young provide information regarding the recent vehicle burglaries in the City. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2295 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 6, 2004 b. Approval of the minutes of the City Council Worksession of January 8, 2004 c. Approval of the minutes of the City Council and Economic Development Task Force Joint Worksession of November 5, 2003 d. Approval of Broker/Dealers for Investment Purchases e. Approval to extend the Interlocal Agreement for FY2004 with the City of Grapevine for fleet services for Fire Department vehicles f. Approval of the Final Plat of Lots 1-6, Block 1, Heritage Office Parc, 3.7118 acres located at the northeast corner of Gateway Drive and Heritage Avenue, Case P-03-036 g. Approval of the donation of exercise equipment to the Colleyville Police Department Mayor Hocutt opened the public hearing and read Resolution R-04-2295 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan requested that the minutes of the January 6, 2004, minutes be amended to include: Council discussed a Council donation and solicitation policy and requested additional information related to Item d. 3 CITY COUNCIL MINUTES JANUARY 20,2004 Finance Director Terry Leake provided information regarding the purpose of broker/dealer firms, investment purchases and answered questions of the Council. Mayor Pro Tem Tigue moved to approve Resolution R-04-2295, with the amendment to the January 6, 2004, minutes Item PC-3. Discussion of the January 6, 2004, City Council regular agenda items: Council discussed a Council donation and solicitation policy. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1437 - Approval of an Ad Valorem Tax Freeze for residential homestead property owners who are disabled or sixty-five years of age or older Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1437. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1437. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1438 - Amending Section 2 of Ordinance 0-03-1431 to authorize the expenditure of $378,063 of unappropriated fund balance for construction of the Sneed Property Practice Fields Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1438. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 4 CITY COUNCIL MINUTES JANUARY 20, 2004 Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1438. Discussions ensued regarding need, and youth sports association donations. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1439 - Approval of a Zoning change from AG to R20 Single Family Residential, 0.9968 acres located at 1204 John McCain Road, Case Z-03-030 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1439. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1440 - Approval of an amendment to the PUD-C for the Village at Colleyville (Ordinance 0-02- 1337.4) regarding security fencing and walls, Case Z-04-001 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1440. Ms. Dee McNosky, 5108 Pleasant Run, spoke in favor of the proposed Ordinance and regarding the security fencing and walls. Ms. McNosky expressed appreciation to former and current City officials Richard Newton, Ginny Tigue, Steve Helling, Nelson Thibodeaux, Donna Arp and Frank Carroll for providing the McNosky family a feeling of comfort during the zoning process. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8. READING AND PUBLIC HEARING - Resolution R-04-2296 - Consideration of appointments to the Colleyville Center Advisory Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2296 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 5 CITY COUNCIL MINUTES JANUARY 20, 2004 Mayor Hocutt opened the floor for nominations for the first position. Councilman Ayers moved to approve Resolution R-04-2296, appointing Mr. Andrew Wayne, Ms. Muriel Havran, Ms. Sheryl Black, Ms. Bonnie Carroll and Mr. Mark Johnson to the Colleyville Center Advisory Committee. Councilman Hendler seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-04-2297 - Consideration of appointment to the Tax Increment Financing Advisory Board Mayor Hocutt opened the public hearing and read Resolution R-04-2296 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations for the Tax Increment Financing Advisory Board open position. Councilman Ayres nominated Rich Hendler. Mayor Pro Tem Tigue nominated Mark Skinner. Mayor Hocutt called for the vote. Rich Hendler: Mark Skinner: Councilpersons Hendler, Ayers and Dolan Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared Councilman Hendler appointed to the Tax Increment Financing Advisory Board. Councilman Ayers moved to approved Resolution R-04-2297. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 6 CITY COUNCIL MINUTES JANUARY 20,2004 10. READING AND PUBLIC HEARING - Resolution R-04-2298 - Approval of a waiver of perimeter street improvement requirements for Lot 1, Block 1, LeGrand Estate located at 302 Bandit Trail, Case P-04-001 Mayor Hocutt opened the public hearing and read Resolution R-04-2298 in its entirety. Mr. Bill LeGrand, 300 West Bandit Trail, applicant, spoke in favor of the proposed Resolution and was present to answer questions of the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner asked City Attorney Ross Foster, "The applicant shows to be Donald and Dolores LeGrand, the letter itself is addressed to William LeGrand,; if there is a legal obligation for the City pursuant to this 1973 letter to not assess these fees, is it applicable in the chain of title, the succession of the chain of title"? City Attorney Ross Foster stated, "First of all in relationship to the legal obligation of the City, the letter from the Mayor does not create an obligation, but in relationship to dealing with this particular piece of property, since the fence was moved back off of the property, it would make sense to me from the standpoint, if you are going to impose a moral obligation on the City, for it to be carried forward with the modification and ownership of the property". Council requested that staff research past Council action related to this item. Discussion ensued regarding past action of Council regarding waiving and denying perimeter street fees. Councilman Ayers moved to table Resolution R-04-2298. Councilman Skinner seconded the motion. Ayes: Councilpersons Hendler, Ayers, Skinner and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Hocutt declared the motion approved. 11. READING AND PUBLIC HEARING - Resolution R-04-2299 - Approval of a waiver from the water well drilling requirements requested by Ben B. Johnson for Lot 2, Block 1, Janice Estates located at 1712 Oak Knoll Drive, Case G-04-002 Mayor Hocutt opened the public hearing and read Resolution R-04-2299 in its entirety. 7 CITY COUNCIL MINUTES JANUARY 20, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the impact of the water well on the City's water supply. Councilman Ayers moved to approve Resolution R-04-2299. Councilman Hendler seconded the motion. Discussion ensued regarding the reason the applicant requested the waiver. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-04-2300 - Approval of the Final Plat of Old Grove Addition, including a replat of Lots 44, 45, 46X and 47X, Block A, Whittier Heights Addition, 45.459 acres located south of John McCain Road, northwest of Westmont, Case P-04-004 Mayor Hocutt opened the public hearing and read Resolution R-04-2300 in its entirety. Ms. Carol Parker, 105 W. McCain, spoke in favor of the proposed Resolution and regarding a fire emergency entrance to the development. Mr. Ben Jones, 104 John McCain Road, spoke in favor of the proposed Resolution and regarding the emergency entrance to the development. Mr. Grady Walker, 7309 John McCain Road, spoke in favor of the proposed Resolution. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in favor of the proposed Resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Resolution R-04-2300. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the easement for the Niedholdt Addition, the trail system located on the north side of the property, right-of-way for a trail and the protection of trees. 8 CITY COUNCIL MINUTES JANUARY 20,2004 Mr. Eddie Eckart of Goodwin and Marshall, Inc., spoke regarding the protection of trees as the roads are developed. Mayor Hocutt made a friendly amendment that the developer will furnish the City with a signed copy of a private access easement, which provides access to Lot 1 and Lot 2, Block 1, Niedholt addition and that the developer will denote, on the plat, a trail right-of- way, which connects with John McCain Road. Councilman Dolan and Mayor Pro Tem Tigue agreed to the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2301 - Approval to purchase a Computer-Aided Dispatch System from Global Software, Inc., in the amount of $113,421 Mayor Hocutt opened the public hearing and read Resolution R-04-2301 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the number of 911 calls received by the City and the compatibility of the system with the Police Department dispatch system. Councilman Ayers moved to approve Resolution R-04-2301. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. TABLED ITEMS: 14. CONSIDERATION OF ORDINANCE 0-03-1432 - Approval of a Zoning Change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road, Case Z-03-026 9 --_...,."._._"..._._-_.__.....__._--_.._-"._..~.,....... ~-_.._._,---_..__.._'-- CITY COUNCIL MINUTES JANUARY 20, 2004 The applicant requested that the item remain tabled. 15. CONSIDERATION OF ORDINANCE 0-03-1436 - Approval to place restrictions on the use and operation of motor assisted scooters by prohibiting the operation of motor assisted scooters on streets, highways. paths and alleys Mayor Pro Tem Tigue moved to remove this item from the table. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing to allow citizens to speak. Ms. Janet Cameron, 4801 Jim Mitchell West, spoke regarding state law related to the operation of the motorized scooters, policies of surrounding cities, safety features of scooters, neighborhoods with sidewalks, safety of riding scooters on sidewalks, . education regarding safety and rules of operating the scooters, less restrictive measures and in opposition to the proposed Ordinance. Mr. Frank Whitmire, 2300 Oak Knoll Court, spoke in support of the proposed Ordinance. Mr. Bill Hodges, 6910 Glenview Lane, representing the Traffic Safety Task Force, spoke in support of the proposed Ordinance and regarding the average age of operators, wearing helmets during the operation of the scooter and the policy of various cities regarding the operation of the motor assisted scooters. Mr. Randy Roush, 5508 Janet Lane, spoke in opposition to the proposed Ordinance and regarding the rights of those operating the motorized scooters, the popularity of the scooters, noise, time of operation and safety of operating the scooters. Mr. Charlie Warner, 8103 Montpelier Way, spoke in opposition to the proposed Ordinance and regarding noise and safety of the motor assisted scooters. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue requested that Section 2a(1) be deleted. 10 -'.--', --._---_._._--_.~..__..~.__..-.__._._"_.._-_._._~.,---"-",,,,---,--~--~---,-,--'---'--'-'- CITY COUNCIL MINUTES JANUARY 20, 2004 Eliminate Sec. 2a.(2) and replace with: It is unlawful to ride, in the street, on John McCain Road, Cheek Sparger Road, Glade Road and Hall Johnson Road. Add Section 2a(3): If a street has a sidewalk, the motor assisted scooter must be ridden on the sidewalk. Add 2a(4): If a person is riding in a street, he or she must abide by the normal traffic rules. Mayor Pro Tem Tigue suggested tabling the ordinance to allow further consideration of the restrictions. Councilman Ayers spoke regarding the statistics related to injuries sustained while operating motor and non-powered assisted scooters, safety tips for operating scooters and the definitions of child and adult. Councilman Ayers moved to table Ordinance 0-03-1436. Mayor Pro Tem Tigue seconded the motion. Councilman Skinner spoke regarding the training, licensing, laws and insurance requirements associated with the operation of a vehicle versus that of a motor assisted scooter. Councilman Dolan spoke in favor of the proposed Ordinance and regarding the protection of children while riding the scooters. Councilman Hendler spoke regarding the safety of children while operating a motor assisted scooter. Police Chief John Young was present to answer questions of the Council and spoke regarding the enforcement of the laws related to the operation of motor assisted scooters and safety of operators. Mayor Hocutt requested that Council members provide any suggestions, regarding the ordinance, to the City Manager. Ayes: Councilperson Ayers, Hendler and Mayor Pro Tern Tigue Nays: Council persons Skinner and Dolan 11 CITY COUNCIL MINUTES JANUARY 20,2004 16. CONSIDERATION OF RESOLUTION R-Q3-2283 - To override the Mayor's veto of Resolution R-03-2276, appointing members to the Planning and Zoning Commission There was no action taken on this item. 17. CONSIDERATION OF RESOLUTION R-03-2284 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt suggested that Item 16 and 17 be eliminated from future agendas until a Councilmember requested that they be included on an agenda, in order that citizens would not expect action to be taken. Councilman Ayers, Hendler and Dolan stated that Item 16 and Item 17 should be included on future agendas. Councilman Skinner stated that the items should be removed from the agenda until a Council member requests that the City Manager include the items on the agenda. Mayor Pro Tem Tigue stated that although she did not care, to leave the items on the agenda. REPORTS: 18. PARKS AND RECREATION ADVISORY BOARD MINUTES - December 1, 2003 HISTORICAL PRESERVATION COMMITTEE MINUTES - December 9,2003 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Moore spoke regarding the attendance record of Planning and Zoning Commission members and the accuracy of the Planning and Zoning Commission minutes regarding the attendance records. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 20, 2004 - Reading and Public Hearing - Resolution R-04-2302 12 CITY COUNCIL MINUTES JANUARY 20,2004 This item was not needed. ADJOURNMENT: 21. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 10:06 p.m. APPROVED THIS .5 AYES, ~ d DAY OF i~~ 2004, BY A VOTE OF D NAYS AND CJ ABS NTIONS. Cynthia Singleton, TRMC City Secretary 13