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HomeMy WebLinkAboutCity Council-Minutes-2/5/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 5, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on February 5, 2002, at 5:20 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Director of Public Services Keith Fisher, Police Chief John Young, Community Development Manager Barry LeBaron, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne, Financial Analyst Collin Booth, City Attorney Ross Foster and City Secretary Cynthia Singleton Mayor Pro Tem Ginny Tigue arrived at 5:23 p.m. PC-1. Discussion of February 5, 2002, City Council Regular Agenda Items There was general discussion regarding the February 5, 2002, City Council regular meeting 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. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on February 5, 2002, at 6:48 p.m. CITY COUNCIL MINUTES FEBRUARY 5, 2002 ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton, and Mayor Pro Tem Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Public Services Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Interim Public Works Manager Kelly Howell, Police Chief John Young, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne, Financial Analyst Collin Booth, Economic Development Manager Mike Soab, Records Manager Matt Denton, 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 Legal - Pending Litigation - Rischon Development Corporation Legal - Pending Litigation - Irricon, Inc. Legal - Pending Litigation - Belknap Property Lease - 5100 Colleyville Boulevard Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - 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 7:30 p.m. The invocation was given by Neda Moayad of Baha'i Community, 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 attended the Tarrant County Mayor's Association, which represents 39 cities, on February 4, 2002, regarding emergency preparedness. 2 CITY COUNCIL MINUTES FEBRUARY 5, 2002 Representatives from the American Cancer Society were unable to attend the Council meeting. Mayor Pro Tem Ginny Tigue and Councilman Dana Feldman, representing the Southlake, Grapevine and Colleyville Book and Author Luncheon Committee presented checks, in the amount of $7,170, to Friends of the Grapevine Library, Friends of the Southlake Library, and Friends of the Colleyville Library. Library representatives Janice Roberson, Susan Peabody and Pat Jones were present. City Manager Bill Lindley reported that according to the Colleyville KMart District Manager, Kmart has not compiled a list of store closings and will not be doing so for at least ninety days. Representatives from Tough Love International were unable to attend the Council meeting due to inclement weather. Fort Worth Transportation Authority Executive Committee member Richard Spraberry presented gold plated spikes to the Mayor and Councilmembers in appreciation of the City's support of the train. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1901 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 15, 2002 b. Approval of the minutes of the special City Council meeting of January 22, 2002 c. Approval of FY02 Agency Agreement with Northeast Transportation Service (NETS) d. Approval of an Amended Lease Agreement between the City of Colleyville and the Village Management LTD., for 5100 Colleyville Boulevard Mayor Arp opened the public hearing and read Resolution R-02-1901 in its entirety. Mr. Mike Taylor, 5209 Coventry Place, spoke on behalf of Ms. Evelyn Couch and the condemnation of the property located at 5100 Colleyville Boulevard. Mr. Nelson Thibodeaux, 1503 Bellefonte spoke regarding the condemnation of the property located at 5100 Colleyville Boulevard. 3 CITY COUNCIL MINUTES FEBRUARY 5, 2002 Ms. Linda Newton, 6107 Lansford Lane, spoke on behalf of Ms. Evelyn Couch and the condemnation of the property located at 5100 Colleyville Boulevard. Ms. Linda Baker, 404 West McDonwell School Road, spoke regarding the condemnation of the property located at 5100 Colleyville Boulevard and the property lease. Councilman Newton requested that item 3d be moved to ending Resolution R-02-1908. Mayor Pro Tem Tigue moved to approve Resolution R-02-1901, excluding item d. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Discussion ensued concerning item 3d regarding eminent domain, the condemnation of the property located at 5100 Colleyville Boulevard and the process for negotiating property lease and price. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1322 - An Ordinance of the City of Colleyville, Texas, requiring the filing for a Financial Disclosure and Business Conflicts of Interest Statement for Elected Officials, Candidates, and Certain Boards and Commission Members, Establishing Definitions of Terms, Promulgating Reporting Forms, Providing for Filing Dates, Repealing a Prior Resolution concerning the subject matter of the Ordinance, Providing a Penalty and Authorizing Publication Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1322. Mr. Jim Moore, 1416 Glade Road spoke in opposition to the proposed ordinance. Ms. Jo Ann Gasper, 4103 Paddington Lane, spoke in favor of the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. City Attorney Ross Foster stated that proposed Ordinance 0-02-1322 is not in conflict with the Charter and reviewed changes to the proposed ordinance. 4 CITY COUNCIL MINUTES FEBRUARY 5, 2002 Discussion ensued regarding the procedures for filing a complaint, changes to the Financial Disclosure and Business Conflicts of Interest forms and the fact that the City Attorney's January 30 memorandum and redrafted ordinance were not given to all councilmembers until the 5:00 p.m. Pre-Council Worksession. Councilman Newton moved to table Ordinance 0-02-1322. The motion died for lack of second. Mayor Arp called for a break at 9:05 p.m. to allow the City Attorney time to make changes to the Financial Disclosure and Business Conflicts of Interest forms. The meeting reconvened at 9:20 p.m. City Attorney Ross Foster reviewed changes to the Financial Disclosure and Business Conflicts of Interest forms. Discussion ensued regarding the procedures for filing complaints, the mandate of the Committee, formulating an ethics policy and requirements of disclosing real estate holdings. Mr. Tom Miller, 1407 Oak Knoll, Chairman of the Ethics Committee was present to answer questions of the Council. Councilman Feldman moved to approve Ordinance 0-02-1322, as amended and to include Exhibit A. Mayor Pro Tem Tigue seconded the motion. City Attorney Ross Foster recommended that Exhibit A, which is a map, include the following "That portion of Tarrant County north of Interstate 30, east of Interstate 35W and that portion of Denton County south of State Highway 114 and east of Interstate 35W". Councilman Feldman and Mayor Pro Tem Tigue agreed to the amendment to Exhibit A. 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 0-02-1323 - Approval to amend Ordinance 0-84-521, Chapter 2, Section 1, Subsection Q, "Wild Animals" 5 CITY COUNCIL MINUTES FEBRUARY 5, 2002 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. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1323. 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 0-02-1324 - An Ordinance Amending Ordinance 0-98-1132, and Approving the Amended Tax Increment Financing (TIF) District Project Plan, Exhibit "A", Attachment 3 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1324. Mr. Nelson Thibodeaux, 1503 Bellefonte, spoke against the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp read a letter that she wrote to Mr. Charles Hodges, developer of Town Center. Discussion ensued regarding funding for Church Street, Town Center project, need for a fire station in the southeast part of town, TIF agreements, timeline and location for central fire station, plan for building a fire station and funding options for a fire station. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1325 - An Ordinance authorizing the issuance of Certificates of Obligation Series A, 2002 (TIF-John McCain Road) Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1325. Mr. Kipp Whitman, 3402 Crossgate, spoke in favor of the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 6 CITY COUNCIL MINUTES FEBRUARY 5, 2002 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1326 - An Ordinance authorizing the issuance of Certificates of Obligation Series B, 2002 (City Hall and Library) Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1326. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding prime revenue source, personal property tax from Village sales tax, market study to determine sales tax revenue, sales tax projections based on square feet build out. Mr. Richard Myers, Village at Colleyville developer, was present to answer questions of the Council 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1327 - A Special Use Permit for a warehouse and distribution facility requested by David Kaiser, Alliance Pharmacy, Inc., on Lot 8R, Block 1, Colleyville Industrial Park, 1904 Industrial Boulevard, Case Z-02-001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1327. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding sales tax revenue and exterior design of the building. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1328 - A Zoning Change from AG to R20 Single Family Residential requested by Laetitia Cox, on Lot 2, Block 1, Cochran Addition located at 5512 Montclair Drive, Case Z-02-002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1328. This item was moved to the Item 6 position. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 7 CITY COUNCIL MINUTES FEBRUARY 5, 2002 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1329- An establishment of R20 Single Family Residential Zoning, requested by The City of Colleyville, on 1.42 acres that was recently annexed into the City located at the west end of Live Oak Drive, Case Z-02-003 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1329. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1330 - Amendments to the Colleyville Land Development Code to establish regulations for tents to be used as temporary structures requested by the City of Colleyville, Case Z-02-004 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1330. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding use of tents for non-business, not for profit functions at private residences, churches and day camps, size of tents and length of time the tent is erected and definition of "tent". 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1331 - Amendments to Section 3.25 of the Colleyville Land Development Code regarding Special Use Permit regulations, Case Z-02-005 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1331. 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 0-02-1332 - Zoning Change from R40 Residential to AG Agricultural requested by Craig Gandy on Lot 1, Block 1, Meadow Lake Addition located at 1117 West L.D. Lockett Road, Case Z-02-006 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1332. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 8 CITY COUNCIL MINUTES FEBRUARY 5, 2002 15. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1333 - Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2000 International Mechanical Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-02-001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1333. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 16. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1334 - Amending Ordinance 0-95-984, Section 1.2 of the Franchise for the Collection and Disposal of Solid Waste and Recycling Materials within the City of Colleyville, extending the Contract until August 31, 2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1334. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding disposal of solid waste and recycling materials at the City Hall and Library in the Village at Colleyville. Mr. Richard Myers, Village at Colleyville developer, provided an overview of the proposed process for disposal of solid waste in the Village at Colleyville. Council requested that the Town Center and Village at Colleyville developments be included in Request For Proposals for solid waste and recycling services. 17. READING AND PUBLIC HEARING - Resolution R-02-1902 - Approval to purchase a pneumatic roller, asphalt paver and asphalt distributor from Conley Lott Nichols, in the amount of $236,226 Mayor Arp opened the public hearing and read Resolution R-02-1902 in its entirety. Mr. Craig Stout, 5151 Cash Road, Dallas, Texas, representing Romco Equipment Company, spoke regarding the bid results for paver products. City Manager Bill Lindley requested that Council pass on this item. 9 CITY COUNCIL MINUTES FEBRUARY 5, 2002 18. READING AND PUBLIC HEARING - Resolution R-02-1903 - A Preliminary Plat of Westcliff requested by the David Bagwell Company, 109.6 acres located on the north side of McDonwell School Road, west of Westmont and McPherson Dairy, Case P-02-00 1 Mayor Arp opened the public hearing and read Resolution R-02-1903 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, applicant was present to answer questions of the Council and spoke regarding donating land in exchange for a portion of the parkland dedication fee, topography of proposed land donation responsibilities of Homeowner's Association, home and lot prices and emergency exits. Mayor Pro Tem Tigue moved to approve Resolution R-02-1884. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-02-1904 - An Amended Plat of Lot 35R in The Village at Colleyville requested by Tom Wouters, Realty Capital Village, Case P-02-003 Mayor Arp opened the public hearing and read Resolution R-02-1904 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Tom Wouters of Realty Capital Village, was present to answer questions of the Council. Discussion ensued regarding safety issues, location and width of sidewalks, and landscaping. Councilman Rice moved to approve Resolution R-02-1904 conditioned upon submittal of a revised plat of the property south of Piazzo Lane across from 85 Village Lane and that the sidewalk along Piazzo Lane remain 10 feet wide, subject to staff approval. Councilman Feldman seconded the motion. 10 CITY COUNCIL MINUTES FEBRUARY 5, 2002 Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-02-1905 - Approval of an Interlocal Agreement with the City of South lake for public improvements at Timarron - Phase III Mayor Arp opened the public hearing and read Resolution R-02-1905 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-02-1905. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 21. READING AND PUBLIC HEARING - Resolution R-02-1906 - Consideration of appointments to the Community Center Advisory Committee Mayor Arp opened the public hearing and read Resolution R-02-1906 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to approve Resolution R-02-1906, appointing all five applicants and re-advertise for the remaining open position. Mayor Pro Tem Ginny Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11 CITY COUNCIL MINUTES FEBRUARY 5, 2002 22. READING AND PUBLIC HEARING - Resolution R-02-1907 - Consideration of appointing Rich Munson to the Zoning Board of Adjustment, Place 1 and appointments to Alternate Place 1 and Alternate Place 2 Mayor Arp opened the public hearing and read Resolution R-02-1907 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp moved to reopen the public hearing. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Rich Munson, 1905 Hall Johnson Road, expressed appreciation to the Council for allowing him to serve on the Zoning Board of Adjustment. Councilman Rice moved to approve Resolution R-02-1907, appointing Rich Munson to Place 1, Clarence (Butch) Bercher as Alternate 1 and Walt Shepard as Alternate 2. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. REPORTS 23. PARKS AND RECREATION ADVISORY BOARD MINUTES - December 3, 2001 PLANNING AND ZONING COMMISSION MINUTES - December 10, 2001 PLANNING AND ZONING COMMISSION MINUTES - January 14, 2002 TRAFFIC SAFETY ADVISORY TASK FORCE MINUTES - January 14, 2002 There was no action taken on this item. 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 12 CITY COUNCIL MINUTES FEBRUARY 5, 2002 TABLED ITEMS: 25. 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 Road, west of Highland Hills Lane, Case P-01-024 Mayor Arp opened the public hearing and read Resolution R-02-1884 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to remove this item from the table. 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. Rich Munson, 1905 Hall Johnson Road, spoke regarding drainage. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605 Dallas, applicant was present to answer questions of the Council. Discussion ensued regarding design grades, drainage, pond maintenance, and homeowners associations. Mayor Pro Tem Tigue moved to approve Resolution R-02-1884. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 5, 2002 - Reading and Public Hearing - Resolution R-02-1908 Mayor Arp opened the public hearing and read Resolution R-02-1908, the ending Resolution for consent agenda item 3d. 13 CITY COUNCIL MINUTES FEBRUARY 5, 2002 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 Consent item 3d, an amended Lease Agreement between the City of Colleyville and the Village Management LTD., for 5100 Colleyville Boulevard. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. ADJOURNMENT: 27. 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 1 :10 a.m. APPROVED THIS AYES DAY NAYS AND 2002, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 14