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HomeMy WebLinkAboutCity Council-Minutes-5/7/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MAY 7,2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on May 7,2002, at 5:54 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, 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, Police Chief John Young, Parks and Recreation Manager Monica Walsh, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne and City Secretary Cynthia Singleton were also present. Councilman Richard Newton arrived at 6:20 p.m. PC-1. Discussion of May 7, 2002, City Council regular agenda items There was general discussion regarding Item 8, Ordinance 0-02-1337. Mayor Arp declared the Pre-Council meeting adjourned at 6:50 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Arp on May 7, 2002, at 6:55 p.m. CITY COUNCIL MINUTES MAY 7,2002 ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Fire Chief Mike Johnston, Police Chief John Young, Community Services Officer Bill Hudgins, Parks and Recreation Manager Monica Walsh, Marketing Specialist Dixie Cawthorne, Administrative Assistant 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 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Pending Litigation - Irricon, Inc. Sec. 551.071 - 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 6:55 p.m. and reconvened at 7:35 p.m. The invocation was given by Reverend Lee Johnson, Bear Valley Community Church, after which Ross Foster led the Pledge. 2. READING AND PUBLIC HEARING - Resolution R-02-1949 - Canvassing the General City Council Election held May 4, 2002 Mayor Arp opened the public hearing and read Resolution R-02-1949 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Resolution R-02-1949. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None 2 CITY COUNCIL MINUTES MAY 7,2002 Mayor Arp declared the motion carried. Mayor Arp, Councilpersons Rice, Newton, Hocutt and Mayor Pro Tem Tigue expressed their appreciation to Councilman Feldman for her service to the City. Councilman Feldman spoke regarding her term on the Council and thanked the citizens for their support. 3. OATHS OF OFFICE - COUNCILMEMBERS, PLACES 3, 4 AND 5 City Secretary Cynthia Singleton administered the Oath of Office to Councilman, Place 3, Rich Hendler, Councilman, Place 4, Richard Newton, and Councilman, Place 5, Ginny Tigue. 4. RECEPTION FOR COUNCILMEMBERS Mayor Arp recessed the Council meeting for a reception at 7:55 p.m. , reconvened at 8:20 p.m. and the incoming Councilmembers took their places at the Council dais. 5. ELECTION OF MAYOR PRO TEM Mayor Arp opened the floor for nominations for Mayor Pro Tem. Councilman Rice nominated Councilman Tigue. Councilman Hendler nominated Councilman Newton. There were no other nominations and Mayor Arp called for the vote. Councilman Tigue: Councilpersons Hocutt, Rice and Tigue Councilman Newton: Councilpersons Hendler and Newton Mayor Arp declared Councilman Tigue as Mayor Pro Tem. 6. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 3 CITY COUNCIL MINUTES MAY 7,2002 Mayor Arp presented a Proclamation to Police Chief John Young and Community Services Officer Bill Hudgins in recognition of National Police Week, May 13-19 and Police Memorial Day, May 15, 2002. Officer Hudgins invited the citizens to the Safety Fair, May 18, 10 a.m. to 2 p.m. at Kroger. Chief Young reported that the Justice Center is scheduled to open in the Fall 2002. Mayor Arp presented a Proclamation to Fire Chief Mike Johnston in recognition of Emergency Medical Services Week, May 19-25 and Trauma Awareness Month. Mayor Arp introduced Lou Fasaro, who was named Rotarian of the Year. Councilman Hocutt congratulated Councilpersons Newton and Tigue on being re- elected and welcomed Councilman Hendler and spoke regarding the number of political signs placed in the City and requested that staff research the political sign policies of surrounding cities. Councilman Rice spoke regarding city politics. Councilman Hendler spoke regarding Councilmembers working together and the future of the City. Mayor Arp announced that Lee Lighting held their Grand Opening at Town Center at 5 p.m. and welcomed the business to the City. Mayor Arp announced that Steven Knight was unable to attend the meeting to receive a plaque for his service on the Colleyville Crime Control and Prevention District. Councilman Newton spoke regarding Council leadership. Mayor Pro Tem Tigue spoke regarding the exciting projects in the City. CONSENT: 7. READING AND PUBLIC HEARING - Resolution R-02-1950- Consent Items: a. Approval of minutes of the regular City Council meeting of April 16, 2002 b. Approval of minutes of the Special City Council meeting of April 13, 2002 c. Approval of a donation of a Robotic Bike-Bot from the Colleyville Rotary Club 4 CITY COUNCIL MINUTES MAY 7,2002 d. Approval of renewing the Grounds Maintenance Contract to TruGreen LandCare, Inc., in an amount not to exceed $298,389.29 Mayor Arp opened the public hearing and read Resolution R-02-1950 in its entirety. Mr. Lou Fusaro, on behalf of the Rotary Club, demonstrated and presented to the Police Department, a robotic bike bot, which will be used in drug and crime prevention programs. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Chief Young thanked the Rotary Club for the donation of the robotic bike bot. Discussion ensued regarding properties included and horticultural services provided in Item d, the Grounds Maintenance Contract. Council commended staff on the maintenance of the game fields. Councilman Rice moved to approve Resolution R-02-1950. 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. PUBLIC HEARINGS: 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1337 - Approval of amendments to the PUD-C (0-99-1131) for The Village at Colleyville, requested by Richard Myers, Realty Capital Corporation, Case 2-02-010 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1337. Ms. Dee McNosky, 5108 Pleasant Run, spoke regarding the potential amendments and requested that the changes be exempt from the Zoning Board of Adjustment review and that Council address the requests to provide for continuity in the development. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. 5 CITY COUNCIL MINUTES MAY 7,2002 Discussion ensued regarding the procedures for approving portions of the Ordinance and considering more complex areas of the Ordinance at a later date. Mr. Richard Myers, applicant, was present to answer questions of the Council. Discussion ensued regarding rules and regulations for signs, landscaping, dumpster coverings and screenings, architectural control committee and Village of Colleyville Owners Association. Council requested that staff provide the rules and regulations of The Village at Colleyville's Owner's Association and information regarding types of fences or screening devices to separate City Hall and City Park. Councilman Rice moved to approve Ordinance 0-02-1337 with the following amendments: Section 1 B, PUD Boundaries: "replace "zoning ordinance" in the first paragraph with "Land Development Code" Section 1 E, subsection 2: replace "zoning ordinance" with Land Development Code" Section 1 E2a: replace" #13 above with Section E.1 Section 1 E3d: replace "which" with "that" Section 1 E3j: replace "zoning ordinance" with "Land Development Code" Section 1 E9: replace "building design requirements section 24.17" with Chapter Six Building Design and replace "zoning ordinance" with "Land Development Code" Section 1 E 16: replace "at" with "not later than" Section G1: replace "zoning ordinance" with "Land Development Code" Section G3: replace "subsection g" with "Paragraph 7" Section G3f: Grand Opening Signs: "When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off-premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more that sixty days (60) days. No permit fee shall be required for a Grand Opening Sign permit. After the expiration of the initial sixty days (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subject to approval of the City Council." Section G7a: "fifty-six shall be inserted in front of numerical 56" Section G7b: "thirty-five shall be inserted in front of numerical 35" Section G7c: "twenty shall be inserted in front of numerical 20" 6 CITY COUNCIL MINUTES MAY 7,2002 Section I 2c: "replace building inspection with community development Section I 2d: insert "of charge" after the word "free" Section I 2d: delete "Parking time limits shall be four hours for parking lots unless vehicle has a prepaid parking permit (for business owners and employees)" Mayor Pro Tigue seconded the motion. Council requested that staff change Exhibit E to reflect the current drawing of the City Hall and Library and provide Council a copy of the revised Ordinance. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1338 - Approval of a Special Use Permit for an accessory building, requested by Howard Holt for Pat and Ed Wadley on Lot 1 R, Block 1, Skipper's Estate located at 5200 Bill's Lane, Case Z-02-011 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1338. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Ordinance 0-02-1338. 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. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1339 - Approval of amendments to Ordinance 0-98-1108 relative to use of park athletic facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1339. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 7 CITY COUNCIL MINUTES MAY 7,2002 Discussion ensued regarding additional use of City Park game fields, partnering with Grapevine Colleyville Independent School District (GCISD) for use of school facilities and GCISD utility costs. Councilman Newton moved to approve Ordinance 0-02-1339. Councilman Hocutt seconded the motion. Discussion ensued regarding waivers to allow sports associations to use fields for special events. Councilman Rice called the question. 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-02-1951 - Approving a Waiver of the use of the Game Fields at Colleyville City Park Mayor Arp opened the public hearing and read Resolution R-02-1951 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding using game fields for practice. Councilman Rice moved to approve Resolution R-02-1951. Councilman Hocutt seconded the motion. 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-02-1952 - Approval of a design contract with Freese and Nichols, Inc., for intersection improvements, in the amount of $143,850 Council passed over this item to allow time for public meetings and receive citizen input. 8 CITY COUNCIL MINUTES MAY 7,2002 Council requested that two public meetings be held to discuss improvements for the Glade Road and Heritage Road intersection and two meetings for the Cheek Sparger Road and Jackson Road intersection. Council also requested that signs be placed at the intersections notifying citizens of the public meetings. 13. READING AND PUBLIC HEARING - Resolution R-02-1953 - Consideration of a waiver of perimeter street improvement requirements requested by Neal Huffman on Lots 1 and 2, Block 1, Huffman Addition, located at 4801 and 4805 Behrens Court, Case P-02-013 Mayor Arp opened the public hearing and read Resolution R-02-1953 in its entirety. Mr. Neal Huffman, 1605 Warwickshire Court, Bedford, Texas, applicant spoke regarding perimeter street improvement fees, requested that the fee be waived and was present to answer questions of the Council. Discussion ensued regarding the history and purpose of the perimeter street fees. Ms. Jo Ann Gasper, Chairman of the Planning and Zoning Commission, spoke regarding the perimeter street fees and the concerns regarding waiving perimeter street fees. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to deny Resolution R-02-1953. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue Nays: Councilpersons Hendler and Newton Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-1954 - Approval of the authorization to allow staff to proceed with the consideration of the acceptance of the private streets in Shadowood Trail Condominiums by the City of Colleyville, Case G-02-005 Mayor Arp opened the public hearing and read Resolution R-02-1954 in its entirety. 9 CITY COUNCIL MINUTES MAY 7,2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Rodney Opitz, Shadowoood Trail Condominiums representative, was present to answer questions of the Council. Discussion ensued regarding the ability of the Homeowner's Association to assume the metes and bounds survey costs. Mayor Pro Tigue moved to approve Resolution R-02-1954. Councilman Hocutt 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-02-1955 - Amending Resolution R-01-1816, decreasing membership to seven and considering an appointment to the Celebrate Colleyville Steering Committee Mayor Arp opened the public hearing and read Resolution R-02-1955 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-02-1955 appointing Kimberly Connor to the Celebrate Colleyville Steering Committee and eliminating Section 2. Councilman Hocutt 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-02-1956 - Consideration of appointment to the Community Center Advisory Committee Mayor Arp opened the public hearing and read Resolution R-02-1956 in its entirety. 10 CITY COUNCIL MINUTES MAY 7,2002 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-02-1956 appointing Mary Michaels to the Community Center Advisory Committee. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jerry Lonon, 4928 Lakewood Drive, commended the City on the rapid action taken by the City regarding a situation at Bedford Road and Glade Road, expressed appreciation to Director of Public Services Keith Fisher for responding quickly to his questions regarding traffic, thanked the Public Works staff for repairing a street light and appreciates the City's plan to post signs notifying citizens of public meetings. Ms. Jo Ann Gasper, 4103 Paddington Lane, spoke regarding political signs. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 7, 2002 - Reading and Public Hearing - Resolution R-02-1957 ADJOURNMENT: 19. 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 Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 10:40 p.m. 11 CITY COUNCIL MINUTES APPROVED THIS '- 1] AYES, c2../ ~ DAY OF o NAYSAND M0taken and prep~red ~ Cynthia Singleton, TR C City Secretary MAY 7,2002 /fl~ 2002, BY A VOTE OF o BSTENTIONS. 12