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HomeMy WebLinkAboutCity Council-Minutes-1/15/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 15, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on January 15,2002, at 5:35 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, and Mayor Pro Tem Ginny Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Administrative Assistant Cindy Martin, Financial Analyst Collin Booth, and City Secretary Cynthia Singleton Councilman Richard Newton arrived at 5:45 p.m. PC-1. Discussion of January 15, 2002, City Council Regular Agenda Items There was general discussion regarding the January 15, 2002 City Council agenda items. PC-2. Discussion of City of Colleyville Annual Work Plan There was no discussion on this item. PC-3. Discussion of a proposed City of Colleyville policy adopting Economic Development Incentives There was no discussion on this item. Mayor Arp adjourned the meeting at 6:47 p.m. CITY COUNCIL MINUTES JANUARY 15, 2002 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on January 15, 2002, at 7:50 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton, and Mayor Pro Tem Ginny Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Police Chief John Young, Interim Public Works Manager Kelly Howell, Administrative Assistant Cindy Martin, Financial Analyst Collin Booth, Economic Development Manager Mike Soab, Records Manager Matt Denton, City Attorney Ross Foster and City Secretary Cynthia Singleton. 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 Consultation with Attorney regarding Open Meetings Legal- Pending Litigation - Irricon, Inc. Legal - Pending Litigation - Belknap Property Lease - 5100 Colleyville Boulevard Property Acquisition - Fire Station Property Acquisition - 1713 Glade Road Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Mayor Arp explained that the Executive Session had been called in accordance 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 6:50 p.m., and reconvened at 7:50 p.m. The invocation was given by Reverend Carter Foster, of Colleyville Fellowship Christian Church, after which Ross Foster led the Pledge. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp announced that the North Texas Area Counties are conducting an Emergency Preparedness Seminar on February 9. Mayor Arp reported that she attended the TxDOT public hearings regarding frontage roads on January 15, 2002. 2 CITY COUNCIL MINUTES JANUARY 15, 2002 Mayor Arp presented a plaque to outgoing Parks and Recreation Advisory Board member Rich Hendler. Mayor Arp presented a plaque to Finance Director Terry Leake and Financial Analyst Collin Booth for receiving the Government Finance Officer's Association "Certificate of Achievement for Excellence in Financial Reporting". Council commended the Finance Department staff for receiving this award. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1888 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 8, 2002 b. Approval of a construction change order for Colleyville 2000 waterline improvement project with S.L. Sibert Company, Inc., in the amount of $105,394.80 Mayor Arp opened the public hearing and read Resolution R-02-1888 in its entirety. 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 Resolution R-02-1888. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1320 - A Special Use Permit for a detached accessory building requested by Craig Gandy located at 1117 West L. D. Lockett Road, Case Z-01-030 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1320. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to table Ordinance 0-02-1320. 3 CITY COUNCIL MINUTES JANUARY 15, 2002 Councilman Feldman seconded the motion. Staff reported that the applicant requested that the zoning request be withdrawn to allow applicant to reapply for AG zoning. Councilman Rice requested that staff provide tax information if this is going to be a commercial venture. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1321 - Approval of amendments to Chapter 7 of the Colleyville Land Development Code regarding special event signs, Case G-01-016 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1321. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding future modifications to the sign ordinance that will provide options for entities or organizations that do not fall under the parameters of this ordinance to request approval to display signs. Councilman Feldman requested that the Sign Board of Appeals assist in drafting the modifications to the sign ordinance. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1321. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1322 - Rescinding Resolution R-01-1789 and establishing an Ordinance providing for a Financial Disclosure and Business Conflicts of Interest Statement Requirements for Elected Officials, Candidates and Certain Board and Commission Members and Applicants for the Individual, the Individual's Spouse and Minor Children 4 CITY COUNCIL MINUTES JANUARY 15, 2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1322. Mr. Jim Moore, 1416 Glade Road, spoke against the proposed ordinance. Ms. Jo Ann Gasper, 4103 Paddington Lane, representing the Planning and Zoning Commission, spoke in favor of the proposed ordinance and stated that the Commission is concerned that "Trust", under section 4b, is broad and excessive and should be more to the point and less intrusive. Mr. Tom Miller, 1407 Oak Knoll, Chairman of the Ethics Committee, thanked committee members for their work on the committee and was present to answer questions of the Council. Discussion ensued regarding occupations of the committee members and disclosure of property interests. Council requested that City Attorney Ross Foster review the ordinance prior to the February 5, 2002, Council meeting. Councilman Rice requested that the following language be added to Page 3 (vi) "save and accept for any ownership interest in real property, which ownership interest shall be subject to the provisions of section 2B ii. b. " Discussion ensued regarding reasons for two ordinances and the differences between the current resolution, City Charter and the proposed ordinance. Discussion ensued regarding penalties and policing power. Mayor Arp expressed appreciation to the committee members for their work on the ordinance. Councilman Hocutt requested that City Attorney define the terms "accused, charged and moral turpitude". 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1323 - Approval to amend Ordinance 0-84-521, Chapter 2, Section 1, Subsection Q, "Wild Animals" Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1323. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 5 CITY COUNCIL MINUTES JANUARY 15, 2002 Police Chief John Young provided an overview of House Bill 1362 and purpose of Ordinance 0-02-1323. 8. READING AND PUBLIC HEARING - Resolution R-02-1889 - Acceptance of the annual audit for Fiscal Year ended September 30, 2001 Mayor Arp opened the public hearing and read Resolution R-02-1889 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Jerry Gaither of Weaver and Tidwell thanked staff for their cooperation and assistance during the audit and was present to answer questions of the Council. Mayor Pro Tem Tigue moved to approve Resolution R-02-1889. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-02-1890 - Consideration of appointing members to serve on the Colleyville Tree Board Mayor Arp opened the public hearing and read Resolution R-02-1890 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding individuals who are not Colleyville citizens serving on the Colleyville Tree Board. Deputy City Manager Dianne McWethy stated that there are no provisions in the Tree Board By-laws requiring members to be Colleyville citizens and the Tree Board is a recommending body to staff who makes the final recommendations to Council. Councilman Newton moved to approve Resolution R-02-1890. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None 6 CITY COUNCIL MINUTES JANUARY 15, 2002 Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-02-1891 - Consideration of appointing members to serve on the Park Land Dedication Committee Mayor Arp opened the public hearing and read Resolution R-02-1891 in its entirety. 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 Resolution R-02-1891. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-02-1892 - Providing direction to City Manager related to solid waste and recycling services Mayor Arp opened the public hearing and read Resolution R-02-1892 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 bidding process, contract terms, rates compared to surrounding cities and method of paying the solid waste and recycling service provider. Financial Analyst Collin Booth presented an overview of the current contract. Mr. Joe Noorlag, 5507 Sycamore, District Manager, Trinity Waste Services, was present to answer questions of the Council. Discussion ensued regarding service level, number of complaints as compared to number of households served, franchise fee, risks associated with going out to bid. Mr. Dennis Flannigan, Waste Management Services, was present to answer questions of the Council. Councilman Rice moved to table Resolution R-02-1892. 7 CITY COUNCIL MINUTES JANUARY 15, 2002 Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding extension of the Trinity Waste Services contract to allow time for additional research. Council recommended that the contract be extended to September 30. The motion and second were withdrawn. Mayor Pro Tem Tigue moved to approve Resolution R-02-1892A with the amendment to extend the contract through August 31, 2002. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. The Council adjourned for a recess at 10:25 p.m. and reconvened at 10:35 p.m. 12. READING AND PUBLIC HEARING - Resolution R-02-1893 - Establish the terms of the SH26 Advisory Committee and appoint a Chairman Mayor Arp opened the public hearing and read Resolution R-02-1893 in its entirety. 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 Resolution R-02-1893, appointing Kipp Whitman, Jody Short, Mike Taylor, James Archie, Butch Wallace and Louis Miller to a one-year term and Joyce Hammill, Larry Midtbo, Curtis Young, Joe Allen and Dee McNosky to a two-year term and appointing Joe Allen as Chairman of the committee. Discussion ensued regarding the subsequent appointee terms. Mayor Pro Tem Tigue amended the motion to include: "Section 4. Subsequent terms will be for two years." Councilman Rice seconded the motion. Councilman Hocutt moved to suspend rules to allow the citizens to speak. 8 CITY COUNCIL MINUTES JANUARY 15, 2002 Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Kipp Whitman, 3402 Crossgate Circle, spoke regarding the appointment of the Chairman. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton stated he will vote against the resolution because of procedural reasons. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-1894 - A Preliminary Plat of Westgate Villas requested by Raman Chandler, 14.761 acres located on the south side of McDonwell School Road, west of Remington Parkway, Case P-01- 036 Mayor Arp opened the public hearing and read Resolution R-02-1894 in its entirety. Mr. Maurice Connor, 1303 Bellefonte Lane spoke in opposition to the proposed resolution. Richard Newton stated he received an email from Ms. Lisa Bernardo opposing the resolution. Discussion ensued regarding the status of Caldwell Creek drainage issues and timeline for resolving the issues. Mr. Raman Chandler, 7001 Lismore Court, applicant, was present to answer questions of the Council. Mr. Tony Crouse of KVA Partners, 4222 Rosehill Road, Garland, Texas, representing the applicant, provided an overview of the plans for Westgate Villas and was present to answer questions of the Council. 9 CITY COUNCIL MINUTES JANUARY 15, 2002 Discussion ensued regarding easements, letter of permiSSion, drainage designs, drainage utility easements and the preliminary plat process. Councilman Feldman moved to amend Resolution R-02-1894 as follows: "The preliminary plat of Westgate Villas Addition is hereby approved conditional on the granting and filing of an easement on the CC2 property to the west of the Westgate Villas Addition. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor declared the motion carried. Mayor Pro Tem Tigue moved to approve Resolution R-02-1894 as amended. Councilman Hocutt seconded the motion. Discussion ensued regarding the process of submitting a final plat, maintenance bond policy and the feasibility of requiring a performance bond to ensure the completion of drainage plans. Mayor Pro Tem Tigue called the question. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. TABLED ITEMS: 14. CONSIDERATION OF ORDINANCE 0-01-1316 - Amendments to the Land Development Code regarding Special Use Permit requirements for land uses in CC2 Shopping Center zoning district requested by the City of Colleyville, Case Z- 01-027 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1316. Mayor Pro Tem Tigue moved to remove this item from the table. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None 10 CITY COUNCIL MINUTES JANUARY 15, 2002 Mayor Arp declared the motion carried. Mr. Tim Garcia, 5501 Janet Lane, representing First Assembly of God Church of Colleyville requests that current owners of CC2 zoned property be grandfathered for Special Use Permits. Mr. Bill Blackburn, 9400 N. Central Expressway, Suite 1616, Dallas, Texas, representing the Herman Smith Company, requested that the Town Center site be grandfathered and excepted from the application of this ordinance. Ms. Linda Baker, 404 McDonwell School Road, spoke in opposition to the proposed ordinance. Mr. John Blick, 4408 Colleyville Boulevard, representing the Colleyville Animal Clinic spoke in opposition to the proposed ordinance and requested that if the ordinance is approved outdoor kennels would be excepted from the requirements. Mr. Mark Howe, 3100 Carisbrooke Court, spoke in opposition to the proposed ordinance and requested that if the ordinance is approved current zoning be excepted. Mr. Charles Hodges, 13642 Omega, Dallas, Texas representing Town Center, spoke in opposition to the proposed ordinance and requested if the ordinance is approved existing developments be excepted. Discussion ensued regarding expanding the land use table, creating a new zoning classification, and the timeline for compliance with ordinance. Councilman Hocutt moved to deny Ordinance 0-01-1316. Councilman Newton seconded the motion. Council requested that a new ordinance be drafted that addresses the concerns of the property owners and homeowners. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 15. CONSIDERATION OF RESOLUTION R-02-1884 - A Final Plat of Broughton requested by David Bagwell, 55 acres located on the north side of Hall Johnson, west of Highland Hills Lane, Case P-01-024 Mayor Arp asked if Council would like to remove Resolution R-02-1884 from the table. 11 CITY COUNCIL MINUTES JANUARY 15, 2002 Councilman Hocutt moved to remove this item from the table. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Arp opened the public hearing. Mr. Rich Munson, 1905 Hall Johnson, spoke in opposition to the proposed resolution and requested that a regulated release system be in place prior to approval of the resolution. Discussion ensued regarding approval of the final plat, detention pond drainage flow, regulated release systems and flow of water to Munson property. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, applicant, was present to answer questions of the Council. Councilman Feldman moved to table Resolution R-02-1884. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. STAFF REPORTS: 16. MONTHLY FINANCIAL REPORT There was no action taken on this item. 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 12 CITY COUNCIL MINUTES JANUARY 15, 2002 ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 15, 2002 - Reading and Public Hearing - Resolution R-02-1895 This Resolution was not needed. ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 12:40 a.m. APPROVED THIS S~ DAY l~ 2002, BY A VOTE OF ..5 AYES 0 NAYSAND 0 ABSTENTIONS. 0-;::~~ Cynthia Singleton, TRMC City Secretary 13