HomeMy WebLinkAboutCity Council-Minutes-6/18/2002
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
June 18, 2002
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Donna Arp at 5:20 p.m. on June 18, 2002.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, 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, Finance Director Terry
Leake, Community Development Manager Barry LeBaron,
Community Development Coordinator Clayton Husband, Police
Chief John Young, Fire Chief Mike Johnston, Fire Marshall Jeff
Jones, Financial Analyst Collin Boothe, Administrative Assistant
Cindy Martin and City Secretary Cynthia Singleton were also
present.
Councilman Richard Newton arrived at 6:10 p.m.
PC-1. Discussion of June 18, 2002, City Council regular agenda items
There was general discussion regarding the June 18, 2002 agenda items.
Mr. Alton Brown and Mr. Todd Grogan of Ratcliff Constructors, Inc., provided
information and answered questions of the Council related to Agenda Item 15,
Consideration of a request by Ratcliff Constructors, Inc., to allow construction work to
begin prior to 7:00 a.m. at the City Hall and Library Project.
Mr. Hal Sargent of Brinkley Sargent Architecture provided information and answered
questions of the Council related to Agenda Item 13, Approval of Change Order Number
1 for the City Hall and Library, in the amount of $302,751.
CITY COUNCIL MINUTES
JUNE 18, 2002
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, 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, Finance Director Terry
Leake, Community Development Manager Barry LeBaron,
Community Development Coordinator Clayton Husband, Police
Chief John Young, Fire Chief Mike Johnston, Fire Marshall Jeff
Jones, Financial Analyst Collin Boothe, Administrative Assistant
Cindy Martin, 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 -
Sec. 551.072 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Legal - Potential Litigation - Explorer Pipeline
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
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 7:10 p.m. and reconvened at 7:30 p.m.
The invocation was given by Pastor Ron O'Guinn of Sonset Baptist Fellowship, 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
Councilman Brad Rice stated he attended the World War II Memorial dedication and
encouraged everyone to visit the Memorial located on Main Street in the Village of
Colleyville.
Mayor Arp stated she attended a series of training sessions conducted by the
Governor's Office, the Attorney General's Office and the Ethics Commission in Austin,
Texas.
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Mayor Arp recognized City Secretary Cynthia Singleton for receiving the President's
Award, "Rookie of the Year" from the North Texas Municipal Clerk's Association.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-02-1976 - Consent Items:
a. Approval of minutes of the regular City Council meeting of June 4, 2002
b. Approval of the vacation and abandonment of a 12-foot wide drainage and
utility easement on Lot 2, Block 1, Janice Estates, 1712 Oak Knoll Drive,
requested by Ben Johnson, Case G-02-016
Mayor Arp opened the public hearing and read Resolution R-02-1976 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tem moved to approve Resolution R-02-1976.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1344 - Zoning
Change from R40 Single Family Residential to PUD-R, Planned Unit
Development-Residential requested by Edward Eckart, Goodwin and Marshall for
ICI Development, L.L.C., 16.128 acres located on the south side of Glade Road
in the 2000 block, Case Z-02-013 - Beldon Hollow
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1344.
Mr. Bill Warren, 4420 West Vickers, Fort Worth, Texas, representing Ms. Maritha Burton
and other landowners spoke regarding the drainage in Chelsea Creek, presented a
petition signed by area homeowners and requested that the applicant be required to
install detention ponds and perform dredging and cleanup.
Mr. Greg Fitzgerald, 4709 Cranbrook Drive East, spoke regarding fire safety issues
related to the single entry to the development and the enforcement of no overnight
parking requirement.
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CITY COUNCIL MINUTES
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There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Discussion ensued regarding emergency vehicle access to the development, overnight
parking, additional fire hydrants, requirement for homes to be sprinklered, street widths
and detention ponds.
Mr. Mike Williamson of ICI Development, 4101 Gateway Drive, was present to answer
questions of the Council.
Discussion continued regarding oversized pipes for improved drainage, purchase of
high-rise packs for Fire Department, reason for building gated community, drainage
analysis, and proposed fencing adjacent to Cranbrook Estates.
Councilman Rice proposed that the following language be added to the proposed
Ordinance "the developer shall allow the City to oversize the detention pond and drains
and agrees to work with City engineers to complete the oversizing.
Discussion continued regarding a City Developer's Agreement and a detailed drainage
plan.
Mayor Pro Tem Tigue moved to table Ordinance 0-02-1344.
Councilman Newton seconded the motion.
Council requested that the proposed ordinance include language that addresses the
following issues: detailed drainage plan, fencing, homeowner's association, high-rise
packs, open space, overnight parking and that building permits will not be issued until
developer's agreement terms are met.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1345 - Zoning
Change from CN and R20 to CC2 Shopping Center with a Special Use Permit for
a Full Service Car Wash and Lube Center, requested by Darryl Muldrow, 2.167
acres located at the northeast corner of McDonwell School Road and Precinct
Line Road, Case Z-02-015
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1345.
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CITY COUNCIL MINUTES
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Mr. Mark LaPrade, 6605 Curtis, spoke regarding the city's notification of potential
zoning changes.
Mr. Frank Cox, 6608 Curtis Road, spoke in opposition to the proposed Ordinance.
Mr, Darryl Muldrow, 100 Millwood Drive, applicant, spoke regarding development
surrounding the proposed business, buffers, limited hours of operation and the number
of car washes and lube centers in the City.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Discussion ensued regarding the area masterplan and potential uses of the property.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1346 - Special
Use Permit for alcoholic beverage sales for on-premise consumption on Village
Park Addition, Block 2, Lot 9R, requested by Hung Binh Hoang, Green Pepper
Restaurant, located at 4843 Colleyville Boulevard, Case Z-02-016
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1346.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1347 - Approval
to amend Section 2-26, Chapter 2, Article II-Finance, of the Code of Ordinances
regarding permit fees for the replacement of wooden shingles, Case G-02-017
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1347.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the permit process, contractor registration, inspection
process and roofing overlays.
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1348 - Approval.
to amend Chapter 46, Article 1 - In General, Article 2 - Fire Code of the Code of
Ordinances and to adopt the 2000 Edition of International Fire Code
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1348.
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CITY COUNCIL MINUTES
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There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
9. READING AND PUBLIC HEARING - Resolution R-02-1977 - Consideration of
appointment to the Celebrate Colleyville Steering Committee
Mayor Arp opened the public hearing and read Resolution R-02-1977 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-02-1977.
Councilman Hendler 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-02-1978 - Consideration of
a waiver of perimeter street improvements requested by Bruce Crandall on Lot 1,
Block 1, Brown Addition, located at 5412 Pleasant Run Road, Case P-02-020
Mayor Arp opened the public hearing and read Resolution R-02-1978 in its entirety.
Mr. and Mrs. Bruce Crandall, 3600 Bordeaux Lane, Hurst, Texas, applicant spoke
regarding the perimeter street fees and was present to answer questions of the Council.
Discussion ensued regarding the purpose of establishing the perimeter street fees and
waiving partial fees versus total fees.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Councilman Newton moved to approve Resolution R-02-1978.
Councilman Hendler seconded the motion.
Councilman Hocutt made a friendly amendment to the proposed Resolution to add "that
the permit for a new residence must be obtained prior to June 18, 2003, or the waiver of
the perimeter street improvement requirements shall expire".
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CITY COUNCIL MINUTES
JUNE 18, 2002
Mayor Pro Tem Tigue seconded the friendly amendment.
Councilpersons Newton and Hendler accepted the friendly amendment.
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-02-1979 - Approval of the
ordering of the repair, removal or demolition of substandard structures on Tract
3D03, A.J. Lott Survey, Abstract 963 (7013 Colleyville Boulevard), Case G-02-
015
Mayor Arp opened the public hearing and read Resolution R-02-1979 in its entirety.
Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke in favor of the proposed
Resolution.
Mr. Kipp Whitman, 3402 Crossgate Circle South, spoke regarding the condition of the
property and use of the property.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Discussion ensued regarding the condition of the property, liability associated with
property, reasons for delay of destruction of the property and timeframe for destruction
by the owner.
Councilman Rice moved to approve Resolution R-02-1979, with an amendment that
the date in Section 1 and 3 be changed to July 31,2002.
Councilman Newton 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-02-1980 - Consideration of
appointments of ex-officio members to the Colleyville Library Board
Mayor Arp opened the public hearing and read Resolution R-02-1980 in its entirety.
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CITY COUNCIL MINUTES
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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-02-1980, with an amendment to
add Mr. Steve Banta as the Corporate Sponsor.
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
Mayor Arp recessed the meeting at 9:40 p.m. and reconvened at 10:00 p.m.
13. READING AND PUBLIC HEARING - Resolution R-02-1981 - Approval of
Change Order Number 1 for the City Hall and Library, in the amount of $302,751
Mayor Arp opened the public hearing and read Resolution R-02-1981 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-02-1981.
Councilman Hocutt seconded the motion.
Discussion ensued regarding the breakdown of the change order costs and the affect of
the deregulation of utilities on the project.
Mr. Hal Sargent of Brinkley Sargent Architects, was present to answer questions of the
Council.
City Manager Bill Lindley provided an overview of the utility construction for the City Hall
and Library property.
Discussion ensued regarding the location of utilities, formula for dividing costs between
City and developer and party responsible for off-site utility costs.
Mr. Richard Myers, applicant, 300 Lloyd Circle, was present to answer questions of the
Council.
Mr. Jimmie Archie, 1111 Main Street, Realty Capital Corporation, was present to
answer questions of the Council.
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CITY COUNCIL MINUTES
JUNE 18, 2002
Councilman Rice made a friendly amendment to the proposed Resolution to add the
following at the end of Section 2: "within thirty (30) days from the date the city notifies
Realty Capital Corporation of the City's payment of the utility improvements. Any
amount not paid by that date shall bear interest at the rate of 9% percent simple interest
compounded annually until paid. In any event, the amount to be paid by Realty Capital
Corporation shall be paid on or before the earlier of the issuance of any building permits
for Phase II or December 31, 2004".
Mayor Pro Tem Tigue and Councilman Hocutt accepted the friendly amendment.
Mayor Pro Tem Tigue called the question.
Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue
Nays: Councilpersons Newton and Hendler
Mayor Arp declared the motion carried.
14. READING AND PUBLIC HEARING - Resolution R-02-1982- Approval to deny
TXU Gas Distribution's request to change rates in the North Texas Metroplex
distribution system and require prompt reimbursement of cities' rate case
expenses
Mayor Arp opened the public hearing and read Resolution R-02-1977 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 action taken on this item by surrounding Cities.
Councilman Rice moved to table Resolution R-02-1977.
Mayor Pro Tem Tigue seconded the motion.
Mr. Rick Vaughn of Oncor representing TXU Gas, spoke regarding the process for
extending the deadline, process for reimbursement of rate case expenses, settlement
offer and process for reversing the decision to deny the request to change rates.
Council requested that staff provide a summary of action taken by surrounding cities
regarding this item.
Councilman Rice moved to withdraw the motion to table Resolution R-02-1977.
Mayor Pro Tem Tigue accepted the motion.
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CITY COUNCIL MINUTES
JUNE 18, 2002
Councilman Hocutt moved to approve Resolution R-02-1977.
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-02-1983 - Consideration of
a request by Ratcliff Constructors, Inc" to allow construction work to begin prior
to 7:00 a.m. at the City Hall and Library project
Mayor Arp opened the public hearing and read Resolution R-02-1983 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 reasons for the request to begin work at 4 a.m.
Councilman Rice moved to approve Resolution R-02-1983 with the amendment to add
a new Section 1: "Prior to June 20, 2002, the City will send notice of the early morning
pour dates and times to all adjacent property owners of the City Hall and Library
property. The original Section 1 becomes Section 2 and add subsection c. as follows:
"c. In the event that the City receives a complaint from any adjacent property owner
regarding the early morning work, the City Manager has the authority to discontinue the
early morning work."
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, and Mayor Pro Tem Tigue
Nays: Councilman Newton
Mayor Arp declared the motion carried.
TABLED ITEMS:
16. CONSIDERATION OF ORDINANCE 0-02-1337.3 - 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 announced that the applicant requested that this item remain tabled and
there were no objections.
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JUNE 18, 2002
STAFF REPORTS:
17. MONTHLY FINANCIAL REPORT
There was no discussion on this item.
REPORTS:
18. PARKS AND RECREATION ADVISORY BOARD MINUTES - May 6,2002
PLANNING AND ZONING COMMISSION MINUTES - May 28, 2002
There was no discussion on this item.
19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Ms. Linda Newton, 6107 Lansford Lane, reported that student Colby Hudson received
recognition in the Colleyville Courier for winning a photography contest and requested
that Council recognize Colby for his accomplishments at the July 2, 2002 Council
meeting.
Mr. Jim Moore, 1416 Glade Road, spoke regarding the name of the Colleyville
Community Center.
There were no others present wishing to speak and Mayor Arp closed the public
hearing.
Councilman Hocutt moved to suspend the rules to allow a citizen to speak.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke regarding the City's requirements
for a wall separating Mr. Hudson's property from the adjoining property, drainage and
maintenance of 7013 Colleyville Boulevard.
ACTION/RESOLUTION:
20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 18, 2002 -
Reading and Public Hearing - Resolution R-02-1984
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CITY COUNCIL MINUTES
JUNE 18, 2002
This Resolution was not needed.
ADJOURNMENT:
21. 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 11 :37.
APPROVED THIS a.2 A.Jot... DAY OF da..L.. 2002, BY A VOTE OF 1L'
AYES, 0 NAYSAND 0 ~IONS.
Minutes taken and prepared by:
cytt:~~
City Secretary
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