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HomeMy WebLinkAboutCity Council-Minutes-6/4/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING June 4, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp at 5:40 p.m. on June 4, 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, 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, Marketing Specialist Dixie Cawthorne and City Secretary Cynthia Singleton were also present. Councilman Brad Rice arrived at 5:45 p.m. PC-1. Discussion of proposed amendments to sign regulations There was general discussion regarding the proposed amendments to sign regulations. Council requested that a worksession, for the purpose of reviewing the proposed sign regulations, be scheduled with the SH26 Advisory Committee, Colleyville Area Chamber of Commerce and Northeast Tarrant County Realtors Association. Council requested that staff provide information regarding surrounding cities' sign regulations. PC-2. Discussion of June 4, 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 6:50 p.m. CITY COUNCIL MINUTES JUNE 4, 2002 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on June 4, 2002, at 6:53 p.m. 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, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Fire Chief Mike Johnston, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne 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 6:55 p.m. and reconvened at 7:40p.m. The invocation was given by Pastor Kevin Lykins of Pleasant Glade Baptist Church, 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 recognized Finance Director Terry Leake and Department staff for receiving the Government Finance Officers Association Distinguished Budget Presentation Award. Councilman Brad Rice announced that at the Glade Road and Heritage Road intersection, the right lane of Glade Road is a right turn only and the left lane is to continue straight ahead. 2 CITY COUNCIL MINUTES JUNE 4, 2002 City Manager Bill Lindley announced that the Glade Road and Heritage Road Intersection Public Meetings will be held June 6 and June 11 at 7:00 p.m. at Colleyville Community Center. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1969 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 21, 2002 b. Approval of a contract with Fuelman/Gascard of D/FW for Fleet Fuel Card and Management Services through the Tarrant County Cooperative Purchasing Program c. Approval of a contract with Weaver and Tidwell for audit services for fiscal year ended September 30,2002 Mayor Arp opened the public hearing and read Resolution R-02-1969 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-02-1969. 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: 4. SECOND 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. Mr. Tom Caunitz, 4006 Steeplechase Drive, representing the Bridlewood Estates Homeowner's Association, spoke in favor of the proposed Ordinance. 3 CITY COUNCIL MINUTES JUNE 4, 2002 Mr. Steven Knight, 3917 Felps Court, spoke in favor of the proposed Ordinance and regarding drainage issues related to the proposed development and conversion of a commercial zoned lot to residential zoning. Mr. Curtis McKeown, 4105 Felps Drive, spoke in opposition to the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to suspend the rules to allow citizens 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. Joe Moore, 133 Acuff, spoke in opposition to 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, spoke regarding drainage, economic impact and was present to answer questions of the Council. Mr. Tommy Cunningham, 7205 Waldon Court, applicant, spoke regarding drainage and installation of a fence. Discussion ensued regarding drainage, area masterplan, potential use of property, PUD-R criteria, water and sewer fees, street perimeter and impact fees, Bridlewood Development lot size and the history of the Bridlewood Development. Councilman Newton moved to deny Ordinance 0-02-1340. Councilman Hendler seconded the motion. Discussion continued regarding the future development of the property. Mayor Pro Tem Tigue called the question. Ayes: Councilpersons Hendler, Newton Nays: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared the motion denied. 4 CITY COUNCIL MINUTES JUNE 4, 2002 Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1340. Councilman Rice seconded the motion. Discussion ensued regarding street impact fees and the requirements to build curb and gutters. Councilman Rice moved to add the following to Section 6b of the proposed Ordinance, "the replat shall include the following statement", "that the properties platted herein shall be considered the buffer for any commercial development which abuts the platted properties". City Attorney Ross Foster stated that the following could be added to the proposed Ordinance "the plat will be noted in such a fashion that is acceptable to the City to notify potential buyers that property is intended as a buffer area". Mayor Pro Tem Tigue accepted the friendly amendment and made an amendment to Section 6c that requires the developer to establish a Homeowner's Association. Councilman Rice accepted the friendly amendments. Discussion continued regarding garage location and fencing and landscaping along Cheeksparger Road. Councilman Rice moved to add to Section 6a "No garage shall be constructed with the garage door facing the street provided however, a third garage may face the street provided that the third garage is constructed behind the rear wall of the house". Councilman Rice moved to add "on the southern most lot, a wrought iron fence will be constructed" . Councilman Rice and Mayor Pro Tem Tigue accepted the amendments. Ayes: Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue Nays: Councilpersons Hendler and Newton Mayor Arp declared the motion carried. 5. SECOND 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 5 CITY COUNCIL MINUTES JUNE 4, 2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1341. Mr. Earl Hoppenrath of The Housing Solutions Group, 2613 Thomas Avenue, Dallas, Texas, representing the applicant, spoke regarding the Spring Garden development, marketing the property, sign regulations and requested that the item be tabled. Mr. Doug Henderson, 3602 Lake Champlain, Arlington, Texas, representing the applicant, requested that the item be tabled. Mr. Harold Hickman, 3975 Witten Drive, spoke regarding parking, green space and in favor of the proposed Ordinance. Mr. David Wheaton, 3979 Witten Drive, spoke regarding differences between the original zoning exhibit and the zoning exhibit submitted with this request. Ms. Chere Kimbell, 3986 Witten, spoke regarding the reasons for choosing Spring Garden and in opposition to the deletion of green space and common areas. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to table Ordinance 0-02-1341 until the developer requests that the item be reconsidered by Council. Councilman Newton seconded the motion. City Manager Bill Lindley requested that the developer notify staff two weeks prior to requesting that Council reconsider the request so the citizens can be notified. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. The meeting was recessed at 10:00 p.m. and reconvened at 10:15 p.m. 6. SECOND 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. 6 CITY COUNCIL MINUTES JUNE 4, 2002 Ms. Dee McNosky, 5108 Pleasant Run Road, 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. Mayor Pro Tem Tigue stated that the City received a petition with 537 signatures in favor of the proposed Ordinance. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1342. Councilman Rice seconded the motion. Discussion ensued regarding distance requirements and the First Baptist Church's opposition to the proposed Ordinance. Councilman Newton called the question. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. SECOND 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. Mr. Jim Moore, 1416 Glade Road, spoke regarding the name of the Colleyville Community Center. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the marketing of the Colleyville Community Center, future use of the facility and a citizen survey. Councilman Newton moved to approve Ordinance 0-02-1343. Councilman Hendler seconded the motion. 7 CITY COUNCIL MINUTES JUNE 4, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. FIRST 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 blck, Case Z-02-013 - Beldon Hollow Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1344. Mr. Keith Chatham, 4413 Bowman Drive, spoke in favor of the proposed Ordinance and regarding drainage and downstream flow of Chelsea Creek. Mr. Bill Warren, 4420 West Vickery, Fort Worth, Texas, representing residents who live on Chelsea Creek and, in particular, Mrs. Burton on Renfro Street, spoke regarding flooding and detention ponds and requested that the proposed Ordinance be amended to require detention ponds. Mr. Eddie Eckart, applicant, ICI Development, 6001 Bridge Street, Fort Worth, Texas, spoke regarding drainage issues and street widths. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding distance of the gate from Glade Road, reasons for street width requirements, size of detention ponds, a detailed plan, fencing, open space, drainage, landscaping and a Homeowner Association. 9. READING AND PUBLIC HEARING - Resolution R-02-1970 - Approval of Final Plat of Strathmore Addition requested by Matt Torbit, Glade Road Estates Limited Partnership, 8.43 acres located at 3316 Glade Road, Case P-02-017 Mayor Arp opened the public hearing and read Resolution R-02-1970 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Matt Torbit of Mady Development, 1420 Mockingbird Lane, applicant, was present to answer questions of the Council. 8 CITY COUNCIL MINUTES JUNE 4, 2002 Mayor Pro Tem Tigue moved to approve Resolution R-02-1970. 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-02-1971 - Approval of the Appointment of City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Mayor Arp opened the public hearing and read Resolution R-02-1971 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp called for nominations for two Council liaisons to the Planning and Zoning Commission. Councilman Hocutt nominated Councilman Rice. Councilman Rice nominated Councilman Hocutt. Councilman Hendler nominated Councilman Newton. There were no other nominations and Mayor Arp called for the vote. Councilman Rice: Councilman Newton: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Councilman Hendler Councilman Hocutt: Councilman Newton: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared that Councilpersons Hocutt and Rice shall serve as Council Liaisons to the Planning and Zoning Commission. Mayor Arp called for nominations for Council liaison to the Zoning Board of Adjustment. Councilman Rice nominated Councilman Newton There were no other nominations and Mayor Arp declared that Councilman Newton shall serve as Council Liaison to the Zoning Board of Adjustment. 9 CITY COUNCIL MINUTES JUNE 4, 2002 Mayor Arp called for nominations for Council Liaison to the Parks and Recreation Advisory Board. Councilman Hocutt nominated Mayor Pro Tem Tigue. Councilman Newton nominated Councilman Hendler. There were no other nominations and Mayor Arp called for the vote. Mayor Pro Tem Tigue: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Councilman Newton Councilman Hendler: Mayor Arp declared that Mayor Pro Tem Tigue shall serve as the Council Liaison to the Parks and Recreation Advisory Board. Mayor Arp called for nominations for Council Liaison to the Colleyville Tree Board. Councilman Hocutt nominated Councilman Hendler. There were no other nominations and Mayor Arp declared that Councilman Hendler shall serve as Council Liaison to the Colleyville Tree Board. Mayor Arp called for nominations for two Council Liaisons to the Colleyville Public Library Board. Councilman Hocutt nominated Mayor Pro Tem Tigue. Councilman Rice nominated Mayor Arp, There were no other nominations and Mayor Arp called for the vote. Mayor Pro Tem Tigue: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Mayor Arp: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Mayor Arp declared that Mayor Arp and Mayor Pro Tem Tigue shall serve as Council Liaisons to the Colleyville Public Library Board. Mayor Arp called for nominations for Council Liaison to the Traffic Safety Task Force. Councilman Rice nominated Councilman Hendler. Councilman Newton nominated Councilman Rice. There were no other nominations and Mayor Arp called for the vote. 10 CITY COUNCIL MINUTES JUNE 4, 2002 Councilman Hendler: Councilman Rice: Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue Councilman Newton and Hendler Mayor Arp declared that Councilman Hendler shall serve as Council Liaison to the Traffic Safety Task Force. Mayor Arp called for nominations for Council Liaison to the Historical Preservation Committee. Councilman Hocutt nominated Mayor Arp. There were no other nominations and Mayor Arp declared that Mayor Arp will serve as Council Liaison to the Historical Preservation Committee. Mayor Arp called for nominations for Council Liaison to the Capital Improvements Committee. Councilman Hocutt nominated Councilman Rice. Councilman Hendler nominated Councilman Newton. There were no other nominations and Mayor Arp called for the vote. Councilman Rice: Councilman Newton: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared that Councilman Rice shall serve as Council Liaison to the Capital Improvements Committee. Mayor Arp called for nominations for Council Liaison to the Community Center Advisory Committee. Councilman Hocutt nominated Mayor Arp. Councilman Rice nominated Councilman Hocutt. There were no other nominations and Mayor Arp called for the vote. Mayor Arp: Councilpersons Rice, Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Councilpersons Rice, Hocutt, Hendler, Newton and Mayor Pro Tem Tigue Councilman Hocutt: Mayor Arp declared that Councilman Hocutt and Mayor Arp shall serve as Council Liaisons to the Community Center Advisory Committee. 11 CITY COUNCIL MINUTES JUNE 4, 2002 Mayor Arp called for nominations for Council Liaison to the Celebrate Colleyville Steering Committee. Councilman Newton nominated Mayor Pro Tem Tigue. Mayor Pro Tem Tigue nominated Councilman Newton. Mayor Arp nominated Councilman Hendler. There were no other nominations and Mayor Arp called for the vote. Councilman Hendler: Councilpersons Hendler, Newton, Rice and Mayor Pro Tem Tigue Mayor Pro Tem Tigue Councilman Newton: Mayor Arp declared that Councilman Hendler shall serve as Council Liaison to the Celebrate Colleyville Steering Committee. Mayor Arp called for nominations for Council Liaison to the Ethics Committee. Councilman Rice nominated Councilman Hocutt. Councilman Hendler nominated Councilman Newton. There were no other nominations and Mayor Arp called for the vote. Councilman Hocutt: Councilman Newton: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared that Councilman Hocutt shall serve as Liaison to the Ethics Committee. Mayor Arp called for nominations for Council Liaison to the SH26 Advisory Committee. Mayor Pro Tem Tigue nominated Councilman Newton, Councilman Hocutt nominated Councilman Hendler. Councilman Hendler requested that two liaisons be appointed to the SH26 Advisory Committee and there were no objections. There were no other nominations and Mayor Arp declared that Councilpersons Newton and Hendler shall serve as Council Liaisons to the SH26 Advisory Committee. Mayor Arp called for nominations for Council Liaison to the McPherson Park Master Plan Committee. Councilman Hocutt nominated Councilman Rice. 12 CITY COUNCIL MINUTES JUNE 4, 2002 There were no other nominations and Mayor Arp declared that Councilman Rice shall serve as Council Liaison to the McPherson Park Master Plan Committee. Mayor Arp declared that Councilman Rice shall serve as Council Liaison to the McPherson Park Master Plan Committee. Mayor Arp called for nominations for Council Liaison to the Sidewalk Priority Task Force. Councilman Hocutt nominated Mayor Arp. Councilman Hendler nominated Councilman Newton. There were no other nominations and Mayor Arp called for the vote. Mayor Arp: Councilman Newton: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared that Mayor Arp shall serve as Council Liaison to the Sidewalk Priority Task Force. Councilman Rice moved to approve Resolution R-02-1971. Councilman Hocutt 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-02-1972- Approval of Consideration of a Waiver of Perimeter Street Improvement Requirements and Parkland Dedication Fees requested by Kevin Lykins on Lot 1, Block 1, Pleasant Glade Baptist Church Addition, located at 3708 Glade Road, Case P-02-018 Mayor Arp opened the public hearing and read Resolution R-02-1972 in its entirety. Pastor Kevin Lykins spoke regarding the waiving of perimeter street improvement requirements, history of the Pleasant Glade Baptist Church and was present to answer questions of the Council. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. 13 CITY COUNCIL MINUTES JUNE 4, 2002 Councilman Newton moved to approve Resolution R-02-1972 with the amendment to delete section 2. Councilman Hendler seconded the motion. Discussion ensued regarding special circumstances that merit waiving fees. Councilman Hocutt made a friendly amendment to waive fees for the current owner; if the property was sold, the waiver would not transfer to the new owner. 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. 12. READING AND PUBLIC HEARING - Resolution R-02-1973 - Approval of the establishment of a Colleyville Historical Preservation Foundation for the purpose of securing funds to preserve the history of the City of Colleyville Mayor Arp opened the public hearing and read Resolution R-02-1973 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-02-1973 with Mayor Arp appointed as an ex-officio member. Mayor Pro Tern Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-1974 - Approval for the City of Colleyville's participation in the North Central Texas Council of Governments Regional Emergency Management Planning Program Mayor Arp opened the public hearing and read Resolution R-02-1974 in its entirety. 14 CITY COUNCIL MINUTES JUNE 4, 2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp announced that Fire Chief Johnston is the Emergency Management Coordinator for the City of Colleyville. Mayor Arp also commended the Mayors across four counties, City Manager Bill Lindley and Fire Chief Johnston for their involvement and support of the Emergency Management Planning Program. Fire Chief Johnston spoke regarding the Council's support of Tarrant County in the development of Federal and State grant proposals to enhance emergency preparedness and announced that Mayor Arp is the Emergency Management Director for the City. Councilman Rice moved to approve Resolution R-02-1974 and name Mayor Arp as the elected official to serve on the Planning Council. Mayor Arp stated that she participates in this program by serving as the President of the Mayor's Council and requested that Councilman Hocutt serve as the City's elected representative. Councilman Hendler seconded the motion and accepted the friendly amendment. Councilman Rice accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 14. CONSIDERATION OF ORDINANCE 0-02-1337.2 - 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 Pro Tem Tigue moved to remove this item from the table. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15 CITY COUNCIL MINUTES JUNE 4,2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1337.2. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to accept Section E.1, Number 2, in the Right-of-Way Encroachment Standards table concerning the definition of lights and table the remainder of the Ordinance. Mayor Pro Tem Tigue seconded the motion. Mr. Richard Myers, applicant, was present to answer questions of the Council. Councilman Rice made a friendly amendment to Section E1, Number 2, Right-of-Way Emcroachment Standards table as follows: "If the light encroaches twelve inches or less, it may be mounted at any height on the building fa9ade. From eight feet to eleven feet above grade, one additional inch of encroachment for each inch of clearance above eight feet, not to exceed beyond 48 inches of encroachment." Mayor Pro Tem Tigue accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. CONSIDERATION OF RESOLUTION R-02-1931 - Approval of John Alison Goldsmith local historical marker application Mayor Pro Tem Tigue made a motion to remove this item from the table. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Ms. Dee Barker, 2200 Oak Knoll Drive, spoke regarding a historical marker program and the criteria for establishing historical markers and in opposition to the proposed Resolution. Councilman Newton moved to deny Resolution R-02-1931. 16 CITY COUNCIL MINUTES JUNE 4,2002 Mayor Pro Tem Tigue seconded the motion. Mayor Arp thanked the Historical Preservation Committee for their work and dedication. Deputy City Manager Dianne McWethy provided an overview of the roles of the Historical Preservation Committee members. Discussion ensued regarding the criteria for establishing a historical marker. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. CONSIDERATION OF RESOLUTION R-02-1968 - Approval of the City/Developer Agreement with Broughton Limited Partnership for the Broughton Addition Mayor Pro Tem Tigue moved to remove Resolution R-02-1968 from the table. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp opened the public hearing. Mr. Kim Gill, 5409 Miramar, spoke regarding a silt system for the Broughton Development. Mr. David Bagwell, applicant, 8220 Douglas Suite 605, Dallas, Texas, spoke regarding The Land Development Code, City Developer Agreement, sedimentation and erosion control plan. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to table Resolution R-02-1968. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None 17 CITY COUNCIL MINUTES JUNE 4, 2002 Mayor Arp declared the motion carried. REPORTS: 17. HISTORICAL PRESERVATION COMMITTEE MINUTES -April 9, 2002 PLANNING AND ZONING COMMISSION MINUTES - May 13, 2002 There was no action taken on this item. 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Joe Deupree, 5101 Montclair Drive, spoke regarding the guidelines for establishing historical markers and impact fees associated with Pleasant Glade Baptist. Ms. Jo Ann Gasper, 4103 Paddington stated that she is looking forward to working with Councilpersons Brad Rice and Joe Hocutt as they serve as Liaison to the Planning Zoning Commission and spoke regarding the Masterplan. Ms. Lila Coley, 401 Shelton Drive, spoke regarding the research for historical markers and the program for establishing historical markers. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 4, 2002 - Reading and Public Hearing - Resolution R-02-1975 There was no action taken on this item. ADJOURNMENT: 20. 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 12:55 a.m. 18 CITY COUNCIL MINUTES JUNE 4, 2002 APPROVED THIS /9>'ll DAY OF Itn I 2002, BY A VOTE OF 5 AYES, 0 NAYS AND 0 ~ONS. 19