Loading...
HomeMy WebLinkAboutCity Council-Minutes-5/21/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MAY 21,2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp at 5:21 p.m. on May 21,2002. ROLL CALL: Councilpersons Joe Hocutt, Richard Newton, Rich Hendler, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Director of Public Services Keith Fisher, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Senior Planner Tom Niederauer, Fire Chief Mike Johnston, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, Records Manager Matt Denton and City Secretary Cynthia Singleton were also present. Councilman Rice arrived at 6:43 p.m. PC-1. Discussion of proposed amendments to sign regulations This item was discussed in the PC-2 position. Community Development Manager Barry LeBaron presented an overview of the proposed amendments to the sign regulations. PC-2. Discussion of May 21,2002, City Council regular agenda items This item was discussed in the PC-1 position. There was general discussion regarding the regular agenda items. There being no further business before the City Council, the Worksession was adjourned at 6:45 p.m. CITY COUNCIL MINUTES MAY 21,2002 ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Richard Newton, Rich Hendler, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Community Center Manager Lin Przybyl, Administrative Assistant Cindy Martin, Financial Analyst Collin Boothe, 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 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 6:48 p.m. and reconvened at 7:40 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic 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 presented a plaque to Dana Feldman in appreciation for service as Councilman, Place 3. Mrs. Feldman spoke regarding the election, thanked the citizens for their support and presented Fire Chief Mike Johnston with a plaque honoring firemen. Mayor Arp presented a Proclamation to Public Works Operations Manager Kelly Howell in recognition of Public Works Week, May 20-24, 2002. Public Works employee Kevin Moody presented Councilmembers with caps and invited everyone to attend the Public Works Road-E-O May 24, 2002, 8:00 a.m. to 4:30 p.m., at the Southlake Bicentennial Park. 2 CITY COUNCIL MINUTES MAY 21,2002 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1958 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 7,2002 b. Approval of Acceptance of Services agreement with Wells Fargo Bank for depository services c. Approval of Wire Transfer Services Security Procedure agreement with Wells Fargo Bank d. Approval of WellsNet Wire Transfer addendum to Wire Transfer Services Security Procedures agreement with Wells Fargo Bank e. Approval to accept a donation from the Lion's Club of one Automatic External Defibrillator (AED) for installation in the Community Center f. Approval to enter into an Interlocal Cooperative Purchasing Agreement with the City of Piano g. Approval of a drainage study of Little Bear Creek with Halff Associates, Inc., in the amount of $52,000 h. Setting a date and time for a public hearing to consider the ordering of the demolition of a dangerous building located at 7013 Colleyville Boulevard, Case G-02-015 I. Approval of the City/Developer Agreement with Broughton Limited Partnership for the Broughton Addition Mayor Arp opened the public hearing and read Resolution R-02-1958 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Resolution R-02-1958 with the exception of Item I. Mayor Pro Tem Tigue seconded the motion. Councilman Hocutt and Mayor Pro Tem Tigue thanked the Lion's Club and the Colleyville Woman's Club for the donation of the Automatic External Defibrillators. 3 CITY COUNCIL MINUTES MAY 21,2002 Discussion ensued regarding the criteria for selecting a bank for conducting City business. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1340 - Zoning Change from R20 Residential to PUD-R (Planned Unit Development- Residential), requested by Ernest Hedgcoth, Lots 14 and 15, Block 1, Andy Felps Addition located at 137 Acuff Lane and 136 Cheek Sparger Road, Case Z-02- 008 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1340. Community Development Manager Barry LeBaron provided an overview of the zoning request. Mr. Curtis McKeown, 4105 Felps Drive, spoke in opposition to the proposed Ordinance. Mr. Steven Knight, 3917 Felps Court, spoke in favor of the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Ernest Hedgcoth, applicant, was present to answer questions of the Council. Discussion ensued regarding drainage, zoning, land use planning and property tax. Council requested that staff provide statistics regarding property tax if the property was zoned for offices versus residential. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1341 - Approval to amend Ordinance 0-96-1052 PUD-R (Planned Unit Development-Residential), requested by Doug Henderson for Statepark Colleyville, Ltd., for Spring Garden Addition, located at the northeast corner of Cheek Sparger Road and Jackson Road, Case Z-02-012 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1341. 4 CITY COUNCIL MINUTES MAY 21,2002 Mr. David Wheaton, 3979 Witten Drive, spoke regarding the current unfavorable conditions in the Spring Garden Development and requested that the proposed Ordinance, if approved, be contingent upon correcting certain conditions regarding landscaping, swimming pool, drainage and fencing. Mr. Norman Mattson, 3967 Holiday Drive, spoke regarding the current unfavorable conditions of the Spring Garden Development and requested that the proposed Ordinance, if approved, provide for development that is compatible and consistent with the current structural design. Mr. Earl Hoppenrath, 26B Thomas Avenue, Dallas, Texas, spoke in favor of the proposed Ordinance and regarding the market for townhomes. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Doug Henderson, 3602 Lake Champlain, Arlington, Texas, representing the applicant, spoke regarding the architectural standards for this project and was present to answer questions of the Council. Discussion ensued regarding open space, lot size and exterior building materials. Mr. David Wheaton, 3979 Witten Drive, spoke at the request of Council regarding the marketing of the Spring Garden property. Mr. Norman Mattson, 3967 Holiday Drive, spoke at the request of Council regarding construction requirements. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1342 - Special Use Permit for alcoholic beverage sales, on-premise consumption, on Lot 1, Block 1, Bojku Family Addition, requested by Afrim (AI) Bojku, Belissimo Restaurant located at 5309 Colleyville Boulevard, Case Z-02-014 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1342. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Council requested that staff provide information regarding total alcohol permits versus limiting of alcohol permits for property. Mayor Arp stated that the First Baptist Church indicated that they are opposed to the proposed Ordinance. 5 CITY COUNCIL MINUTES MAY 21,2002 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1343 - Approval to amend Ordinance 0-92-880 Setting Fees and Charges for City services, establishing sections of the City of Colleyville Code of Ordinances to become effective June 4, 2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1343. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the proposed administrative fee schedule for local non- profit organizations, marketing the Community Centre and requests for food service. 8. READING AND PUBLIC HEARING - Resolution R-02-1959 - Approval to support federal and state funding of a Tarrant County grant proposal to enhance services provided by the Tarrant County Health Department Mayor Arp opened the public hearing and read Resolution R-02-1959 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 approve Resolution R-02-1959. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-02-1960 - Amending Resolution R-95-1150 to revise the Interlocal Cooperation Contract for Fire and Emergency Services for the Bedford Response Area of Colleyville Mayor Arp opened the public hearing and read Resolution R-02-1960 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-02-1960. 6 CITY COUNCIL MINUTES MAY 21,2002 Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-02-1961 - Approval of an Interlocal Cooperation Contract with Fairfax County, Virginia for cooperative purchasing Mayor Arp opened the public hearing and read Resolution R-02-1961 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding contract prices and process for verifying that contract prices are competitive. Councilman Newton moved to approve Resolution R-02-1961. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-02-1962 - Approval of a Settlement Agreement between the City of Colleyville and Shahid Rasul d/b/a I rricon Mayor Arp opened the public hearing and read Resolution R-02-1962 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 appropriation of the funds. Councilman Hocutt moved to approve Resolution R-02-1962 with the amendment to add "Section 2. That the $18,000 funds would be appropriated for landscaping and replacing trees at Colleyville City Park". 7 CITY COUNCIL MINUTES MAY 21,2002 Mayor Pro Tem Tigue seconded the motion and made a friendly amendment that the funds would be used only for replacing trees at Colleyville City Park and. Councilman Hocutt accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-1963 - Providing direction to the City Manager related to solid waste and recycling services Mayor Arp opened the public hearing and read Resolution R-02-1963 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Bob Kneis, IESI Corporation representative, spoke regarding services provided by IESI Corporation, Request for Proposals for solid waste and recycling services and was present to answer questions of the Council. Mr. Joe Noorlag, Trinity Waste Services representative, spoke regarding Trinity's service record in the City, franchise fees and was present to answer questions of the Council. City Manager Bill Lindley reported that staff met with solid waste and recycling companies for informational purposes. Discussion ensued regarding the special collection needs of solid waste in The Village of Colleyville, selection criteria, percentage of franchise fees, service levels, location of landfills and an automated system for solid waste collection. Council requested that staff provide a full disclosure of services to the City provided by Trinity Waste Services. Councilman Hocutt moved to approve Resolution R-02-1963B. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES MAY 21,2002 13. READING AND PUBLIC HEARING - Resolution R-02-1964 - Authorizing intervention in Gas Utilities Dockets 9292 and 9304 at the Railroad Commission; authorizing participation in a steering committee with other cities served by TXU and requiring reimbursement from TXU Lone Star Pipeline of cities' reasonable rate case expenses Mayor Arp opened the public hearing and read Resolution R-02-1964 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 approve Resolution R-02-1964. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-1965 - Approval to amend Resolution R-01-1872 related to the conditions of a waiver of water and sewer impact fees for United Grocery Store in the Town Center Colleyville Addition, Case G-02-014 Mayor Arp opened the public hearing and read Resolution R-02-1965 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-02-1965. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-02-1966 - Approval of a construction contract with Conatser Construction Company for the construction improvements of Riverwalk Drive, in the amount of $545,176.83 9 CITY COUNCIL MINUTES MAY 21,2002 Mayor Arp opened the public hearing and read Resolution R-02-1966 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 history of the proposed construction of the Riverwalk Drive. Councilman Newton moved to approve Resolution R-02-1966. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-02-1967 - Consideration of appointments to the Colleyville Economic Development Corporation Board of Directors (CEDC) Mayor Arp opened the public hearing and read Resolution R-02-1967 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations. Councilman Hocutt nominated Councilman Rice. Councilman Newton nominated Councilman Hendler. Councilman Rice: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilman Hendler: Councilpersons Newton and Hendler Councilman Hocutt moved to approve Resolution R-02-1967 appointing Brad Rice to the Colleyville Economic Development Corporation. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None 10 CITY COUNCIL MINUTES MAY 21,2002 Mayor Arp declared the motion carried. TABLED ITEMS: 17 . CONSIDERATION OF ORDINANCE 0-02-1337.1 - Approval to amend Ordinance 0-99-1131 PUD-C (Planned Unit Development-Commercial) requested by Richard Myers, Realty Capital Corporation for the Village at Colleyville, Case Z-02-01 0 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1337.1. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to remove Ordinance 0-02-1337.1 from the table. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Richard Myers, applicant, spoke regarding the proposed changes and was present to answer questions of the Council. Discussion ensued regarding encroachment, outside seating, and architectural features. Council requested that staff provide a plat that shows streets and sidewalk widths. Councilman Rice moved to approve Ordinance 0-02-1337.1 amending Section E.1 Encroachments and Use of Public Right-of-Way as follows: "Due to the unique nature of this planned unit development the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight inch pedestrian right-ot-way and comply with all other ADA regulations. In addition, any encroachments shall ensure a twenty-four inch sight line." Section E1, subsection 1, insert the sentence: uAII encroachments shall not exceed eighteen inches." In the Table titled Right-of-Way Encroachment Standards, under Awnings and Canopies, insert a period after the word area and delete "support columns not less than two feet from back of curb." 11 CITY COUNCIL MINUTES MAY 21,2002 Section 3, insert a period after chairs and delete "provided such temporary structures do not completely block pedestrian traffic" and insert "Use of the public right-of-way for retail merchandise shall be limited to business hours." Councilman Hocutt seconded the motion with the friendly amendment to Page 7 of 14, Item 13; remove section 24.16 landscaping regulations and insert "Chapter 4 landscaping buffering of the Colleyville Land Development Code" and remove zoning ordinance. Mayor Pro Tem Tigue made a friendly amendment to Item 15; remove "project" and insert "property owners association", Councilpersons Hocutt and Rice accepted the friendly amendments. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Councilman Rice moved to table the balance of Ordinance 0-02-1337.1. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. STAFF REPORTS 18. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 19. COMMUNITY CENTER ADVISORY COMMITTEE MINUTES - February 4, 2002 PARKS AND RECREATION ADVISORY BOARD MINUTES - April 1 , 2002 LIBRARY BOARD MINUTES - April 3, 2002 PLANNING AND ZONING COMMISSION MINUTES - April 8, 2002 There was no action taken on this item. 12 CITY COUNCIL MINUTES MAY 21,2002 20. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Michelle Reitz, 4508 Dartmoore Lane, spoke regarding the use of the Colleyville soccer fields by Colleyville residents, non-residents and American Eagles soccer teams. ACTION/RESOLUTION: 21. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 21,2002 - Reading and Public Hearing - Resolution R-02-1968 Mayor Arp opened the public hearing and read Resolution R-02-1968, the ending Resolution for consent agenda item i. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to table Resolution R-02-1968. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. ADJOURNMENT: 22. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the meeting adjourned at 12:20 a.m. 13 CITY COUNCIL MINUTES MAY 21,2002 APPROVED THIS ..y~ DAY OF !t~ hJL 2002, BY A VOTE OF 5 AYES, 0 NAYS AND 0 ~IONS. Minutes taken and prepared by: 0~~ Cynthia Singleton, TRMC City Secretary 14