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HomeMy WebLinkAboutCity Council-Minutes-7/16/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JULY 16, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp at 5:25 p.m. on July 16, 2002. ROLL CALL: Councilpersons Joe Hocutt, Rich Hendler and Mayor Pro Tem Ginny Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Director Barry LeBaron, Police Lieutenant Rodney Cunningham, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Councilman Newton arrived at 5:40 p.m. Councilman Brad Rice was absent. PC-1. Review and discussion of granting a franchise for the collection and disposal of garbage, trash and recycling materials Mr. Bob Kneis of EISI was present to answer questions of the Council. Mr. Joe Noorlag of Trinity Waste Services was present to answer questions of the Council. PC-2. Discussion of July 16, 2002, City Council regular agenda items There was general discussion regarding the regular agenda items. There being no further business before the City Council, the Worksession was adjourned at 6:40 p.m. CITY COUNCIL MINUTES JULY 16, 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, Deputy City Manager Dianne McWethy, Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, Records Manager Matt Denton, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Brad Rice was absent. 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 6:47 p.m. and reconvened at 7:35 p.m. The invocation was given by Reverend Carter Foster, Colleyville Christian 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 Mayor Arp announced that the first Council meeting in August would be held Wednesday, August 7 to allow citizens the opportunity to participate in the "National Night Out" event, Tuesday, August 6. Scout Leader Ed McKnight introduced Boy Scouts Ryan Strittmatter and Ken Postman, who attended the City Council meeting to satisfy a requirement for their citizenship award. 2 CITY COUNCIL MINUTES JULY 16, 2002 Mayor Arp presented a Proclamation to student Colby Hudson in recognition of his achievements in the "Reflections" school competition. Mr. Robb Wasielewski, President, Arts Council of Northeast Tarrant County, presented a State of the Arts report and invited everyone to attend the Taste of Northeast, August 15 at the Dr. Pepper Star Center in Euless. Mayor Arp presented a Proclamation to Lieutenant Rodney Cunningham in recognition of "National Night Out". Parks and Recreation Manager Monica Walsh presented a Games of Texas video and reported that the City of Colleyville will co-host the Games of Texas in July 2003 and 2004 with the cities of Hurst, Bedford, Grapevine, North Richland Hills and Euless. Ms. Walsh also thanked Council and staff for assisting with the Regional event July 12 and 13. City Manager Bill Lindley expressed gratitude for the volunteer efforts of the citizens and commended staff for hosting the TAAF regional event. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1989 - Consent Items: a. Approval of minutes of the regular City Council meeting of July 2, 2002 b. Approval to use Voluntary Park Funds for improvements to the Grapevine- Colleyville Independent School District (GCISD) practice areas, in an amount not to exceed $50,000 Mayor Arp opened the public hearing and read Resolution R-02-1989 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Parks and Recreation Manager Monica Walsh provided a status report of the partnership of GCISD and the City related to capital improvements to the practice areas located at O.C. Taylor Elementary, Colleyville Elementary and Colleyville Middle School, to enhance the safety of GCISD students and youth sports association participants who utilize these practice areas. Mayor Pro Tem Tigue moved to approve Resolution R-02-1989. Councilman Hocutt seconded the motion. 3 CITY COUNCIL MINUTES JULY 16, 2002 Ayes: Councilpersons Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1349 - Adopting an annual budget for Fiscal Year 2003 for the Colleyville Crime Control and Prevention District This item was considered in Item 10 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1349. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Ordinance 0-02-1349. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1350- Granting a franchise for the collection and disposal of garbage, trash and recycling materials within the City of Colleyville and establishing the terms and conditions of the said franchise This item was considered in Item 4 position. Mayor Arp read the caption of Ordinance 0-02-1349. Mayor Arp read a petition that was distributed to City business owners by Trinity Waste Services. Mayor Arp opened the public hearing. Mr. Mike Garabedian, 4104 Paddington, spoke regarding residential services for homebuilders. 4 CITY COUNCIL MINUTES JULY 16, 2002 Mr. Rick Thomas, 3904 Deepwood, spoke regarding the bid process and the quality of the collection of garbage service. Mr. Joe Deupree, 5101 Montclair, spoke regarding brush pickup, container restrictions, and garbage service for multi-acre properties. Mr. Randy Moncrief, 401 W. Glade Road, spoke in favor of the proposed Ordinance. Mr. Russ Eubank, 311, W. Glade, spoke in favor of the proposed Ordinance. Mr. Jim Moore, 1416 Glade Road, spoke regarding the bid process. Ms. Dana Feldman, 2204 Danbury Drive, spoke in favor of the proposed ordinance and the bid process. Mayor Arp read a letter from Mr. Dennis Johnson regarding the service provided by Trinity Waste Services and IESI. Mayor Arp read a letter from Mr. Rich Munson in support of the proposed Ordinance and regarding the service provided by Trinity Waste Services. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue stated that she was absent from the July 2, 2002, Council meeting but viewed the entire meeting video. Mr. Steve Kellar of Waste Management, spoke regarding the bid process, public health, franchise fees and financial stability of Waste Management and was present to answer questions of the Council. Mr. Bob Kneis of IESI, spoke regarding the rates and terms of the contract and was present to answer questions of the Council. Mr. Joseph Noorlag of Trinity Waste Services, spoke regarding the sealed proposal process, history of service, an amended pricing proposal and was present to answer questions of the Council. Discussion ensued regarding residential services, rates and the favored nation's clause. City Attorney Ross Foster provided language for a favored nation's clause. Mr. Mike Garabedian spoke regarding residential services. 5 CITY COUNCIL MINUTES JULY 16, 2002 Discussion ensued regarding residential services, commercial rates and alternative proposals. Mr. Mickey Flood, President of IESI, spoke regarding the favored nation's clause. Mr. Jeff Peckham, Vice President of IESI, spoke regarding rates. Discussion ensued regarding recycling services, changes in the solid waste collection and disposal agreement, landfill contracts and references. City Manager Bill Lindley reviewed the process utilized by staff that led to the recommendation for IESI. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1350. Councilman Hocutt seconded the motion. Councilman Hocutt made a friendly amendment to the contract, Section 2.3a as follows: (a) Commercial Customers not utilizing a Contractor furnished container, two times per week, Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m., with at least three (3) days between each pick-up. Mayor Pro Tem Tigue and Councilman Hocutt accepted the friendly amendment. Ayes: Councilperson Hocutt, Mayor Pro Tem Tigue and Mayor Arp Nays: Councilpersons Hendler and Newton Mayor Arp declared the motion carried. Mayor Arp recessed the meeting at 11 :30 and reconvened at 11 :40 p.m. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1351 - Repealing Resolution R-02-1982 and adopting TXU Gas Distribution general service rates including rate adjustment provisions and miscellaneous service charges for sales and transportation of natural gas to residential, commercial and industrial customers This item was considered in Item 8 position. Mr. Rick Vaughn of OncorlTXU, was present to answer questions of the Council. Financial Analyst Collin Boothe provided an update of the TXU Gas Settlement. 6 CITY COUNCIL MINUTES JULY 16, 2002 There was no action taken on this item. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1352 - Zoning Change from R40 to R20 Single Family Residential on 1.419 acres located at 2201 Hall Johnson Road, Case Z-02-017 This item was considered in the Item 5 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1352. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Steve Lancaster, 2201 Hall Johnson, applicant, was present to answer questions of the Council. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1353 - Approval to amend the Colleyville Land Development Code, Chapter 7 - Sign Regulations, to permit "Grand Opening" signs for a temporary time period, Case G-02-008 This item was considered in Item 11 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1353. 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-02-1990 - Approval of a request by Bear Valley Community Church to move a portable building to Lot 1, Block 1, Bear Valley Community Church Addition located at 7900 Precinct Line Road, Case G-02-020 This item was considered in the Item 7 position. Mayor Arp opened the public hearing and read Resolution R-02-1990 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 7 CITY COUNCIL MINUTES JULY 16, 2002 Pastor Lee Johnson, Pastor of Bear Valley Community Church, applicant, spoke regarding the timeline for completion of the building phase and was present to answer questions of the Council. Discussion ensued regarding the use of the temporary building. Councilman Hocutt moved to approve Resolution R-02-1990. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARIING - Resolution R-02-1991 - Approval of a request by Centurion American Development Group to extend a permit for temporary office building for six months for 1905 Industrial Boulevard, Case G- 02-022 This item was considered in Item 12 position. Mayor Arp opened the public hearing and read Resolution R-02-1991 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-02-1991. The motion died for lack of a second. Councilman Hocutt seconded for discussion. Discussion ensued regarding previous request and projected completion date. Mayor Pro Tem Tigue moved to approve Resolution R-02-1991. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Newton and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES JULY 16, 2002 11. READING AND PUBLIC HEARING - Resolution R-02-1992 - Approval of the drainage improvement design contract with Halff Associates, Inc., for prioritized projects, in the amount of $60,100. This item was considered in Item 6 position. Mayor Arp opened the public hearing and read Resolution R-02-1992 in its entirety. Ms. Ginny Tice, 5801 Hunter Trail, spoke in favor of the proposed Resolution. 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-02-1992. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-1993 - Approval of a bid for the purchase and installation of furniture, fixtures and equipment in the Colleyville Justice Center, in an amount of $312,533.87 This item was considered in Item 13 position. Mayor Arp opened the public hearing and read Resolution R-02-1993 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-02-1993. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9 CITY COUNCIL MINUTES JULY 16, 2002 13. READING AND PUBLIC HEARING - Resolution R-02-1994 - Approval of AT&T basic cable rates This item was considered in Item 14 position. Mayor Arp opened the public hearing and read Resolution R-02-1994 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 maximum permitted rate and parameters for customer trouble call. Mayor Pro Tem Tigue moved to approve Resolution R-02-1994. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Hendler, and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-1995 - Submitting a Nomination for the Tarrant Appraisal District Board of Directors This item was considered in Item 15 position. There was no action taken on this item. 15. READING AND PUBLIC HEARING - Resolution R-02-1996 - Replacing Resolution R-02-1983 for consideration of a request by Ratcliff Constructors, Inc., to allow work to begin prior to 7:00 a.m. at the City Hall and Library project This item was considered in Item 16 position. Mayor Arp opened the public hearing and read Resolution R-02-1996 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding reasons for delay of previously scheduled pour dates. 10 CITY COUNCIL MINUTES JULY 16, 2002 Mayor Pro Tem Tigue moved to approve Resolution R-02-1996. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, 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 There was no motion to remove this item from the table. 17. CONSIDERATION OF 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 This item was considered in Item 9 position. Councilman Hocutt moved to remove this item from the table. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Arp opened the public hearing. Mr. Greg Fitzgerald, 4709 Cranbrook, stated that an agreement has been reached between the applicant and surrounding homeowners. Mr. Bill Warren, 4420 West Vickery, representing applicant, Ms. Maritha Burton, stated that an agreement has been made with developer regarding drainage issues. 11 CITY COUNCIL MINUTES JULY 16, 2002 Mayor Arp closed the public hearing. Mr. Mike Williamson, 4101 Gateway Drive representing the applicant spoke regarding landscaping. Discussion ensued regarding landscaping and gated communites. City Attorney Ross Foster stated that Section 5a should read as follows: (1) obtain approval of a final plat of the property to the requirements of the Colleyville Land Development Code, and (2) over-size the detention facilities on the property to the extent deemed necessary by the City. The City shall pay any additional construction costs for the over-sizing of the detention facilities. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1344, with the additional language as stated by City Attorney Ross Foster and amending 7a, adding "except Beldon Court, which may be fifty feet in width". Councilman Hocutt seconded the motion. Ayes: Councilperson Hocutt, Hendler and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. STAFF REPORTS: 18. MONTHLY FINANCIAL REPORT There was no discussion on this item. REPORTS: 19. PARKS AND RECREATION ADVISORY BOARD MINUTES - June 3,2002 LIBRARY BOARD MINUTES - June 5, 2002 ZONING BOARD OF ADJUSTMENT MINUTES - June 11, 2002 PLANNING AND ZONING COMMISSION MINUTES - June 24, 2002 There was no discussion on this item. 20. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no on present wishing to speak. 12 CITY COUNCIL MINUTES JULY 16, 2002 ACTION/RESOLUTION: 21. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF July 16, 2002 - Reading and Public Hearing - Resolution R-02-1997 This Resolution was not needed. 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, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 12:50 a.m. APPROVED THIS 7 >'1) AYES, {) NAYS AND DAY OF ~UAt 2002, BY A VOTE OF o ABSTENTIONS. 5 Cynthia Singleton, TRMC City Secretary 13