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HomeMy WebLinkAboutCity Council-Minutes-11/19/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 19, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on November 19, 2002, at 5:20 p.m. ROLL CALL: Councilpersons Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Deputy City Manager Dianne McWethy, Interim Community Development Manager Clayton Husband, Public Services Director Keith Fisher, Engineer Chris Steubing, Human Resources Manager Kelly Cooper, Financial Analyst Collin Boothe, Parks and Recreation Manager Monica Walsh, Records Manager Matt Denton, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Councilman Joe Hocutt was absent. PC.-1 Discussion of the work plan and City Web based information for the Update of the City of Colleyville Master Plan Community Development Manager Clayton Husband provided an overview of the work plan and City web based information for the update of the City of Colleyville Master Plan. There was general discussion regarding the process and timing of providing citizens with updates of the Masterplan. PC.- 2 Discussion of Sanitary Sewer Repair Ordinance Ms. Martha Walker, 7109 Jo Will Street, spoke regarding sanitary sewer repairs at her residence. Discussion ensued regarding the responsibility of the City and homeowners related to making repairs in the sanitary sewer system. Council requested that staff place an item on a future agenda regarding the responsibility of the City related to making repairs in the sanitary sewer system. CITY COUNCIL MINUTES NOVEMBER 19, 2002 PC.- 3 Discussion of November 19, 2002, City Council regular agenda items There was general discussion regarding City Council regular agenda items. Mayor Arp declared the meeting adjourned at 6:45p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on November 19, 2002, at 6:48 p.m. ROLL CALL: Council persons Brad Rice, Rich Hendler, Richard Newton, and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Community Development Manager Clayton Husband, Public Services Director Keith Fisher, Engineer Chris Steubing, Human Resources Manager Kelly Cooper, Community Center Manager Lin Przybyl, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Record Manager Matt Denton, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Joe Hocutt was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551 , Subchapter D Sec. 551.071 - Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Contemplative Litigation - Justice Center Legal - Pending Litigation - Windview Homeowners Association Sec. 551.071 - Mayor Arp explained that the Executive Session had been called in accordance with the 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 7:40 p.m. The invocation was given by Associate Pastor Jan Baldwin of the First United Methodist Church, after which Ross Foster led the Pledge of Allegiance. 2 CITY COUNCIL MINUTES NOVEMBER 19, 2002 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Richard Newton reported that he and Councilman Hendler attended the dedication and renaming of Fire Station Number One for Mr. Robert Bufe, who served as a volunteer fireman for the City. Councilman Newton commended Fire Chief Mike Johnston and Fire Marshall Jeff Jones for providing an official ceremony honoring Mr. Bufe. Mayor Arp expressed gratitude to the City of Grapevine firefighters for attending the ceremony. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2054 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 6, 2002 b. Approval of award for Alt Benefit Consultants to provide Flexible Spending Accounts c. Approval of renewal for health and dental insurance to Blue Cross Blue Shield of Texas d. Approval of a donation of a framed oil painting to the Colleyville Community Center e. Approval of donation of a framed print to the Colleyville Community Center f. Approval of Amendment to Employment Agreement between the City of Colleyville and City Manager Mayor Arp opened the public hearing and read Resolution R-02-2054 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 expressed gratitude to Ann Hardy for the donation of the framed oil painting. City Attorney Ross Foster stated the Section 3.01 of the City Manager's contract should include after $110,160, the words "in installments" ... Mayor Pro Tem Tigue moved to approve Resolution R-02-2054 with the amendment as so noted by the City Attorney. 3 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Councilman Rice seconded the motion. Councilman Hendler reported that the Lion's Club donated the framed print to the Colleyville Community Center. Ayes: Councilpersons 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 0-02-1371 - Approval of the Special Use Permit for a Carport on Lot 25R, Block 1, Rustic Oaks Addition located at 209 Valley View Drive South, Case Z-02-026 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1371 . There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Ordinance 0-02-1371. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1372 - Amending Ordinance 0-02-1339 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1372. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice requested that staff review the athletic field use fee structures with the sports associations. Councilman Newton thanked staff for providing information related to the agreement between the City and youth associations and the resident and non-resident fees. 4 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1372. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1373 - Amending Ordinance 0-02-1362 setting fees and charges for city services and facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1373. 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 Ordinance 0-02-1373. Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1374 - Amending 0-01-1284 approving the Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's Association (VOA) and Realty Capital Corporation City/Developer Agreement Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1374. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice proposed the following amendment: Add a number 25 stating: To the extent that anything contained in the City Developer Agreement requires prior approval of TxDOT, neither the City nor the Developer shall be liable for any provision herein until appropriate approval of that specific TxDOT provision has been obtained. 5 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Mr. Richard Myers, 300 Lloyd Circle, applicant, was present to answer questions of the Council. Discussion ensued regarding the use of the developer's name versus the Village Owner's Association, funding and time line for the completion of the realignment of the intersection at Thompson Terrace, ownership of parking lots, reimbursement of utility costs, author of agreement, funding of a wrought iron fence separating City Park and City Hall and designated parking and enforcement. 8. READING AND PUBLIC HEARING - Ordinance 0-02-1375 - Authorizing the issuance of Waterworks and Sewer Revenue Refunding Bonds, Series 2002 This item was considered in the Item 18 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1375. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Jim Sabonis, Financial Advisor, First Southwest Company, was present to answer questions of the Council, provided a summary of the Bond Sale and reported that the City's bond rating has been upgraded by Standard & Poor's to AA- and by Fitch, AA+ rating. Mayor Arp commended staff for sound management of the City's finances. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1375. Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1376 - Approval of the Zoning Change from AG to R20 Single Family Residential on 0.443-acres located at 612 Shelton Road, Case Z-02-027 This item was considered in Item 8 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1376. 6 CITY COUNCIL MINUTES NOVEMBER 19, 2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding definition of lot of record. Ms. Dinah Stephens, 612 Shelton Road, applicant was present to answer questions of the Council. 10. READING AND PUBLIC HEARING - Resolution R-02-2055 - Approval of authorizing one reading of an ordinance for the issuance of debt for which the only purpose is to refund prior debt issues This item was considered in Item 17 position. Mayor recessed the meeting at 9:15 and reconvened at 9:25 p.m. Mayor Arp opened the public hearing and read Resolution R-02-2055 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-02-2055 with the following amendments: Add a phrase to the end of Section 1: "only when necessary to take advantage of advantageous market conditions". Change Section 2 to become Section 3. Add a new Section 2: 'The City Council will not issue new debt without two readings of the funding ordinance as required by the City Charter". Councilman Hendler seconded the motion. Mr. Jim Sabonis, First Southwest Company, was present to answer questions of the Council. Mayor Arp reported that reissuing the bonds will provide a net savings to the City of approximately $92,000 over a twelve year period. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7 CITY COUNCIL MINUTES NOVEMBER 19, 2002 11. READING AND PUBLIC HEARING - Resolution R-02-2056 - Approval of an Agreement between Broadland Limited Partnership, the David Bagwell Company and David Bagwell and the City of Colleyville relating to the Colleyville trail system This item was considered in Item 9 position. Mayor Arp opened the public hearing and read Resolution R-02-2056 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Jason Weaver of Goodwin and Marshall, Inc., representing the applicant, was present to answer questions of the Council. City Attorney Ross Foster recommended that Council table the item until Mr. Bagwell provides information, which verifies that Broadland Limited Partnership is the entity that owns Westcliff I. Mayor Pro Tem Tigue moved to table Resolution R-02-2056. Councilman Rice seconded the motion. Ayes: Council persons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-2057 - Approval of the Final Plat of Westcliff Addition, 57.112 acres located on the north side of McDonwell School Road, west of Fire Station No.3, Case P-02-042 This item was considered in Item 10 position. Mayor Arp opened the public hearing and read Resolution R-02-2057 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 deny without prejudice Resolution R-02-2057. Councilman Rice seconded the motion. Mr. Jason Weaver of Goodwin and Marshall, Inc., representing the applicant, spoke regarding the denial of the request. 8 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-2058 - Approval of permanent name change for Colleyville Community Center to Colleyville Center This item was considered in Item 11 position. Mayor Arp opened the public hearing and read Resolution R-02-2058 in its entirety. Mr. Jim Moore, 1416 Glade Road, 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 Hendler moved to approve Resolution R-02-2058. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-2059 - Approval of the construction contract with American Civil Constructors, for the Cottonbelt Trail - Phase I, in an amount not to exceed $752,777.65 This item was considered in Item 12 position. Mayor Arp opened the public hearing and read Resolution R-02-2059 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp expressed gratitude to Deputy City Manager Dianne McWethy and staff for obtaining federal funds, in the amount of $713,887, to build the trail. Discussion ensued regarding the length and location of the trail and funding sources. Councilman Rice moved to approve Resolution R-02-2059. 9 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-02-2060 - Approval of directing the City Manager to proceed with Old Glade Road bridge improvements This item was considered in Item 13 position. Mayor Arp opened the public hearing and read Resolution R-02-2060 in its entirety. Dr. Rich Driscoll, 5005 Colleyville Boulevard, spoke in favor of the proposed Resolution. Mr. Ross McCready, 306 Lloyd Circle, spoke in favor of the proposed Resolution. Ms. Karen Lucchesi, 800 Glade Road, spoke in opposition to the proposed Resolution and regarding future development of the area. Mr. Richard Myers, 300 Lloyd Circle, spoke in favor of the proposed Resolution and regarding access to Colleyville Plaza. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue reported that Ms. Jan Henning of J & H Interiors could not attend the meeting and requested that it become a matter of record that she is in favor of the proposed Resolution. Councilman Newton moved to approve Resolution R-02-2060. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the rear entrance to the Colleyville Plaza, reason for staff's recommendation for denial of the Resolution, design of box culverts and funding sources. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES NOVEMBER 19, 2002 16. READING AND PUBLIC HEARING - Resolution R-02-2061 - Approval of an Interlocal Participation Agreement with the Texas Local Government Purchasing Cooperative This item was considered in the Item 14 position. Mayor Arp opened the public hearing and read Resolution R-02-2061 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-02-2055. Councilman Rice seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-02-2062 - Amending R-92- 737 related to non-resident sports association fees This item was considered in Item 15 position. Mayor Arp opened the public hearing and read Resolution R-02-2062 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding non-resident fees charged by peer cities and costs associated with use of athletic fields by non-residents. Mayor Pro Tem Tigue moved to approve Resolution R-02-2062. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-02-2063 - Consideration of appointment to the Colleyville Tree Board 11 CITY COUNCIL MINUTES NOVEMBER 19, 2002 This item was considered in Item 16 position. Mayor Arp opened the public hearing and read Resolution R-02-2063 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-02-2063. Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. STAFF REPORTS: 19. MONTHLY FINANCIAL REPORT QUARTERLY INVESTMENT REPORT There was no action taken on this item. REPORTS: 20. COLLEYVILLE TREE BOARD MINUTES - November 5, 2001 COMMUNITY CENTER ADVISORY COMMITTEE MINUTES - August 12, 2002 COMMUNITY CENTER ANNIVERSARY SUBCOMMITTEE - August 21, 2002 COMMUNITY CENTER ANNIVERSARY SUBCOMMITTEE - September 26, 2002 PARKS AND RECREATION ADVISORY BOARD MINUTES - October 7, 2002 LIBRARY BOARD MINUTES - October 14, 2002 PLANNING AND ZONING COMMISSION MINUTES - October 28, 2002 There was no action taken on this item. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke regarding the City code enforcement practices and the maintenance of property located at 7013 Colleyville Boulevard. 12 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Mr. Glen Carlson, 106 Colonial Square, spoke regarding road conditions and construction traffic in northwest Colleyville and safety issues at railroad crossings. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 19, 2002 - Reading and Public Hearing - Resolution R-02-2064 This resolution was not needed. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 10:15 p.m. APPROVED THIS dA.<t. DAY OF ~c .~ 2002 BY A VOTE OF oS" AYES, 0 NAYS AND 0 STENTIONS. M~ prepare.dbY~ Cynthia Singleton.~ City Secretary 13