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HomeMy WebLinkAboutCity Council-Minutes-9/3/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 3, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on September 3, 2002, at 5:23 p.m. ROLL CALL: Council persons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Ginny Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Police Chief John Young, Human Resource Manager Kelly Cooper, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne and City Secretary Cynthia Singleton were also present. PC-1. Discussion of the property acquisition for the Fire Station City Manager presented an overview of issues related to the property acquisition for the Fire Station. PC-2. Discussion of September 3, 2002, City Council regular agenda items There was general discussion regarding regular agenda items. There being no further business before the City Council, the worksesssion was adjourned at 6:34 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on September 3, 2002, at 6:48 p.m. CITY COUNCIL MINUTES September 3,2002 ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Ginny Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry leake, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Fire Chief Mike Johnston, Police Chief John Young, Human Resource Manager Kelly Cooper, Parks and Recreation Manager Monica Walsh, Administrative Assistant Cindy Martin, Marketing Specialist Dixie Cawthorne, 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. 551.071 - Sec. 551.072 - Sec. 551.072- Consultation with Attorney on legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Jo Ann Johns lawsuit Legal - Rischon Development lawsuit Property Acquisition - Fire Station 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 6:50 p.m. and reconvened at 7:48 p.m. The invocation was given by Reverend Lloyd McCutchen, Pleasant Glade Assembly of God, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS 2 CITY COUNCIL MINUTES September 3,2002 Ms. Sandy Sutton, Dr. Pam Eckmann, and Ms. Marilyn Gilbert, representing Leadership Colleyville XV, invited citizens to attend a Rock-n-RolI Theme Nite at The Palace Theatre & Opry House in Grapevine, Texas, featuring the movie, Grease, on September 19, with proceeds of the event benefiting the Colleyville Public Library. Ms. Sutton stated that on September 19, the following restaurants will donate 10% of the meal ticket to the Colleyville Library project if you show your ticket or mention the Leadership Colleyville XV class project: Applebee's, Bellisimo's, La Hacienda Ranch, and Mac's Steak & Seafood. Mayor Arp presented a Proclamation to Firefighter Brian Meroney in recognition of the establishment of the Public Access Defibrillation Program (PAD). Fire Chief Mike Johnston presented a Merit Award to Firefighter Brian Meroney for his efforts in establishing the Public Access Defibrillation Program (PAD). Chief Mike Johnston presented a video of a Fox 4 News report regarding the City's Public Access Defibrillation Program (PAD). Councilman Hendler reported on the progress of the Celebrate Colleyville Committee. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2017 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 20, 2002 b. Approval of inclusions to Chapter VII - Safety Policies and Procedures; Chapter I - Introduction, Section F. - Sexual and Other Unlawful Harassment, Section E. - Employment at Will statement and Acknowledgement form; Chapter II - Employee Responsibilities and Conduct, Section L. - Grievance of the City of Colleyville Personnel Policies and Procedures Manual c. Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program d. Approval of renewing the Grounds Maintenance II Contract to TruGreen LandCare, Inc., in an amount not to exceed $41,856.38 Mayor Arp opened the public hearing and read Resolution R-02-2017 in its entirety. 3 CITY COUNCIL MINUTES September 3,2002 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-02-2017, with the amendment to the minutes, that Councilman Newton was absent the meeting due to illness. Councilman Hocutt seconded the motion. Councilman Newton requested that Colleyville businesses be given the opportunity to bid on City services such as grounds maintenance. 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 0-02-1358 - Approval of an amendment to Chapter 18, Article IV of the Colleyville Code of Ordinances regarding backwash water from swimming pools, Case G-02-026 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1358. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the reasons for implementing the storm water quality management program as mandated by the Environmental Protection Agency and the Texas Natural Resource Conservation Commission prior to the required date of March 2003. Mayor Pro Tern Tigue moved to approve Ordinance 0-02-1358, with the following amendment to Section 1, 802.1.6, Backwash from Swimming Pools. On any new swimming pool Pf3rmitted on or after November 1, 2002, the backwash from a swimming pool shall discharge into the sanitary sewer system. Councilman Hocutt seconded the motion. Councilman Hendler spoke regarding the establishment of an Environmental Board. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue. Nays: None Mayor Arp declared the motion carried. 4 CITY COUNCIL MINUTES September 3,2002 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1359 - Approval of an amendment to Section 18-2 of the Colleyville Code of Ordinances regarding contractor insurance, Case G-02-027 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1359. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Staff provided an overview of the City's policy regarding contractor insurance. Councilman Hocutt moved to approve Ordinance 0-02-1359. Mayor Pro Tern Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1360 - Adoption of the proposed Fiscal Year 2002-2003 Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1360. City Manager Bill Lindley presented an overview of the Fiscal Year 2002-2003 Budget. Mr. Ray Spoth, P.O. Box 1015, spoke regarding the library budget, floor plan and operating costs. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the PILOT program, street resurfacing, ad valorem tax and property values. Councilman Newton read into public record an email from Mr. Joe Deupree regarding the PILOT program. City Manager Bill Lindley provided an overview of the PILOT program as it related to the Fiscal Year 2003 budget. 5 CITY COUNCIL MINUTES September 3,2002 Discussion ensued regarding administrative fees, franchise fees, future plans for a water storage tank, street reconstruction, fund balance, economic development and engineering personnel positions. Council requested that staff provide information regarding the implementation of the PILOT program by surrounding cities. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1361 - Adoption of the Ad Valorem Tax Rate for Fiscal Year 2002-2003 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1361. Discussion ensued regarding property values. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1362 - Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1362. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the ambulance fee increase and the internet connection fee. Council requested that staff provide the ambulance fees charged by the cities of South lake and Hurst. 9. FIRST READING AND PUBLIC HEARlN,G - Ordinance 0-02-1363 - Approval of Texas Municipal Retirement System (TMRS) Updated Service Credit and Annuity Increase Mayor Arp opened the public hearing and read the caption of Ordinan~ 0-02-1363. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. City Manager Bill Lindley provided an overview of the Texas Municipal Retirement System Updated Service Credit and Annuity Increase. 6 CITY COUNCIL MINUTES September 3,2002 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1364 - Approval of the Zoning Change from R40 to PUD-R Planned Unit Development Residential on 19.405 acres located on the south side of L.D. Lockett Road in the 900 block, Case Z-02-018 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1364. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the Masterplan and residential and commercial zoning. Mr. Dick Blackard, 322 Carnation Lane, Hurst, Texas, representing the applicant, spoke regarding development of the property, tax revenue, timeline for development and was present to answer questions of the Council. Discussion ensued regarding types of development, typography, proposed lot and home prices. 11. READING AND PUBLIC HEARING - Resolution R-02-2018 - Approval to amend Resolution R-01-1788 establishing the number of members and appointing members to the Traffic Safety Task Force Mayor Arp opened the public hearing and read Resolution R-02-2018 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tern Tigue moved to approve Resolution R-02-2018. Councilman Hocutt seconded the motion. Police Chief Young presented a history of the committee and future issues that will be considered by the Traffic Safety Task Force. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 12. READING-AND PUBLIC HEARING - Resolution R-02-20~9 Approval authorizing the Community Outdoor Outreach Program grant application for Outrageous Outdoor Kids program 7 CITY COUNCIL MINUTES September 3,2002 Mayor Arp opened the public hearing and read Resolution R-02-2019 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-02-2019. Councilman Hocutt seconded the motion. Discussion ensued regarding the cost of the program. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. Mayor Arp recessed the meeting at 10:35 p.m. and reconvened at 10:45 p.m. 13. READING AND PUBLIC HEARING - Resolution R-02-2020 - Approval of Change Order 2 for the City Hall and Library, in the amount of $170,959 Mayor Arp opened the public hearing and read Resolution R-02-2020 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-02-2020. Mayor Pro Tem Tigue seconded the motion. Mr. Hal Sargent of Brinkley Sargent Architects, Dallas, Texas, was present to answer questions of the Council. Discussion ensued regarding the contingency fund balance. Mayor Pro Tern Tigue called the question. Ayes: Council persons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES September 3,2002 14. READING AND PUBLIC HEARING - Resolution R-02-2021 - Approval of Change Order 3 for the City Hall and Library, in the amount of $475,213 Mayor Arp opened the public hearing and read Resolution R-02-2021 in its entirety. Mr. Ray Spoth, P.O. Box 1015, spoke regarding construction costs of the second floor of the library. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the cost of construction of the stairway and the library drive-through structure. Mr. Hal Sargent of Brinkley Sargent Architects, Dallas, Texas, was present to answer questions of the Council. Councilman Hocutt moved to approve Resolution R-02-2021. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding additional days of delay, finishing out the second floor of the library and the construction fund balance. Mayor Arp announced that Ms. Ann Hardy has agreed to donate, as the first piece of public art, a painting for the library and CMPA, Inc., donated approximately $20,000 for the purchase of a bronze sculpture of policeman to be placed at the Justice Center. Mr. Hal Sargent described the copper tree w~ter sculpture that will be placed in the area between the city hall and library. Mayor Arp reported that Mayor Pro Tem Tigue has raised $18,000 and Councilman Hocutt $15,000 for the purchase of the sculpture, with a total of $83,100 in private funds donated. Discussion ensued regarding the funding sources, potential change order items and future uses of the second floor of the library, furnishings and space allocation of the city hall. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9 CITY COUNCIL MINUTES September 3,2002 TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-02-1337.4 - 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-02-010 There was no motion to remove this item from the table. 16. CONSIDERATION OF RESOLUTION R-02-1968 - Approval of the City/Developer Agreement with Broughton Limited Partnership for the Broughton Addition There was no motion to remove this item from the table. REPORTS: 17. PARKS AND RECREATION ADVISORY BOARD - July 1, 2002 PLANNING AND ZONING COMMISSION MINUTES - August 12,2002 CITIZEN COMMENTS 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 3, 2002 - Reading and Public Hearing - Resolution R-02-2022 This item was not needed. ADJOURNMENT: 20. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. 10 CITY COUNCIL MINUTES September 3, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 11 :40 p.m. APPROVED THIS /7~ DAY OF~ 2002, BY A VOTE OF S AYES, 0 NAYS AND 0 ABSTENTIONS. Minutes taken and prepared by: ~Yk.-~~ Cynthia Singleton, TRMC City Secretary 11