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HomeMy WebLinkAboutCity Council-Minutes-12/3/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL DECEMBER 3, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on December 3, 2002, at 5:25 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Interim Community Development Manager Clayton Husband, Public Services Director Keith Fisher, Financial Analyst Collin Boothe, Parks and Recreation Manager Monica Walsh, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. PC.-1 Discussion of the proposed Ethics Ordinance Councilman Richard Newton provided an overview of the proposed changes to the proposed Ethics Ordinance. There was general consensus to make changes as proposed. PC.- 2 Discussion of December 3, 2002, City Council regular agenda items There was general discussion of City Council regular agenda items. Mayor Arp declared the meeting adjourned at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 3, 2002, at 6:48 p.m. CITY COUNCIL MINUTES DECEMBER 3, 2002 ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton, and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Finance Director Terry Leake, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Services Director Keith Fisher, Engineer Chris Steubing, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Communications Manager 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 - 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 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 7:30 p.m. The invocation was given by Reverend Lloyd McCutchen of Pleasant Glade Assembly of God Church, 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 Councilman Hendler invited everyone to attend Celebrate Colleyville to be held Friday, December 6, 2002, 5:00 p.m. to 8:00 p.m. at City Park and the Colleyville Lions Club "Breakfast with Santa" at the Colleyville Center on December 7. Councilman Hocutt announced that Mayor Donna Arp was recognized for her service as President of the Mayor's Council at the Mayor's Council Banquet, held at Texas Motor Speedway, on December 2, 2002. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2065 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 19, 2002 2 CITY COUNCIL MINUTES DECEMBER 3, 2002 Mayor Arp opened the public hearing and read Resolution R-02-2065 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-02-2065. 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 0-02-1374 - 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. Discussion ensued regarding the use of the term "Developer" versus "Village Owner's Association (VOA)", timing of the Pleasant Run and Thompson Terrace sidewalk construction and the signature block. Mr. Jimmie Archie, Realty Capital Corporation, 1111 S. Main Street, Grapevine, Texas, applicant, was present to answer questions of the Council. Councilman Rice proposed that Item 15 include the words, "no later thad' August 30, 2003 and Article 19 be changed as follows: Within twelve months after completion of infrastructure in the first phase of the Village, (a) a six-foot wide sidewalk on Pleasant Run Road from Bogart Road connecting to the sidewalk constructed by The Village on Pleasant Run Road. (This will allow citizens to ride their bikes from Hall-Johnson and Glade all the way to the City Park and The Village.) At the time Thompson Terrace is widened, pursuant to terms and conditions in this Agreement, the City agrees to begin to install at least six-foot wide sidewalks on Thompson Terrace and Glade Road from Highway 26 to the east to connect to the recently installed sidewalk on Glade Road. 3 CITY COUNCIL MINUTES DECEMBER 3, 2002 Discussion continued regarding the completion date of the infrastructure and sidewalk on Glade Road, declarant control period, type of screening wall along City Park and The Village at Colleyville property line and the timeline for the design and construction of a screening wall. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1374 as amended. Councilman Rice seconded the motion. Councilman Hocutt made a friendly amendment to Number 19 as follows: change "agrees to install" to "begin to install". Mayor Pro Tem Tigue and Councilman Rice accepted the friendly amendment. Councilman Newton stated that he does not support the developer's agreement related to the exchange of land, the funding source for the purchase of the land, construction of the SH26 medians, the cost of the sidewalks at Thompson Terrace and Glade Road and the reimbursement for the City Hall and Library utility connections. Councilman Hocutt made a friendly amendment to Item 19 as follows: "Phase 1 will be defined as illustrated in construction documents". Mayor Pro Tem Tigue and Councilman Rice 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. 5. SECOND 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1376. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Ms. Dinah Stephens, 612 Shelton Road, applicant, was present to answer questions of the Council. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1376. 4 CITY COUNCIL MINUTES DECEMBER 3, 2002 Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1377 - Approval of the Zoning Change from R40 Single Family Residential to R20 Single Family Residential on 1.00 acres located at 304 W. Van Oaks Drive, Case Z-02-030 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1377. 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 0-02-1378 - Approval of the Special Use Permit for an accessory building on Lot 1, Block 1, Mikolaitis Addition located at 2309 Hall Johnson Road, Case Z-02-032 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1378. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. John Mikolaitis, 2309 Hall Johnson Road, applicant, was present to answer questions of the Council. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1379 - Approval of the Zoning Change from GPO Professional Office to PUD-G Planned Unit Development Commercial on Tract A2, Block 2, Highland Acres located at 5314 Bransford Road, Case Z-02-033 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1379. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1380 - 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 5 CITY COUNCIL MINUTES DECEMBER 3, 2002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1380. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Financial Analyst Collin Boothe provided an overview of the TXU Gas Distribution general service rates and rate adjustment provisions. Mr. Rick Vaughn, TXU representative, was present to answer questions of the Council. Councilman Rice requested that staff provide usage information representative of the City of Colleyville. Mayor recessed the meeting at 9:03 p.m. and reconvened at 9:12 p.m. 10. READING AND PUBLIC HEARING - Resolution R-02-2066 - Approval of a Settlement Agreement with TXU Electric and TXU Gas relating to claims arising out of electric and gas franchise fee calculations prior to January 1, 2002 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2066. 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-02-2066. Councilman Newton 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-02-2067 - Consideration of appointment to the Metroport Teen Court Advisory Board Mayor Arp opened the public hearing and read the caption of Resolution R-02-2067. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt nominated Ms. Deanne Ayers. 6 CITY COUNCIL MINUTES DECEMBER 3, 2002 There were no other nominations and the Council unanimously agreed to appoint Ms. Deanne Ayers to serve on the Metroport Teen Court Advisory Board. Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-2068 - Approval of funding allocation for the design, construction and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $51,800 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2068. 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-02-2068. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the City Hall and Library sculpture funding. Councilman Newton made a friendly amendment as follows: That the funding allocation for the design, construction and installation of the Colleyville City Hall and Library Sculpture, in the amount of $51,800 "be from the general fund'. Mayor Arp provided information related to raising funds for city projects and suggested that a public arts committee be established. Discussion ensued regarding the impact of using the general fund versus construction contingency fund monies for the funding allocation for the design, construction and installation of the Colleyville City Hall and Public Library sculpture and the original construction plans for the City Hall and Library. Councilman Hocutt declined the friendly amendment. Councilman Hocutt called the question. Mayor Arp declined calling the question. Councilman Newton requested that a fund raising policy for private donations for city projects be presented for Council's consideration. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Council persons Hendler and Newton Mayor Arp declared the motion carried. 7 A. Submission of Vehicle Mileage Reports B. Reporting of Vehicle Malfunction C. Processing of Payments D. Operator Training E. Vehicle Abuse F. Compliance with PM Schedules 7 7 7 7 7 7 APPENDICES Appendix A - Charges for Services CITY COUNCIL MINUTES DECEMBER 3, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-02-2071 - Approval of purchasing a truck-mounted high-pressure sewer cleaner through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $81,000 This item was considered in the Item 16 position. Mayor Arp opened the public hearing and read the caption of Resolution R-02-2071. 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-02-2071 . Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-02-2072 - Approval of the submittal of the application for trail construction and related improvements for the Texas Department of Transportation's "Safe Routes to School" program This item was considered in the Item 17 position. Mayor Arp opened the public hearing and read the caption of Resolution R-02-2072. 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-02-2072. Councilman Hocutt seconded the motion. Councilman Rice commended the Sidewalk Task Force for their work related to the grant application. 9 CITY COUNCIL MINUTES DECEMBER 3, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 17. CONSIDERATION OF ORDINANCE 0-02-1337.4 - Approval to amend Ordinance 0-99-1131 PUD-C (Planed Unit Development-Commercial), requested by Richard Myers, Realty Capital Corporation for the Village at Colleyville, Case Z-02-01 0 Councilman Newton moved to remove this item from the table. The motion failed for lack of a second. 18. CONSIDERATION OF 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 the Item 14 position. Councilman Rice moved to remove this item from the table. Mayor Pro Tem Tigue seconded the motion. Mayor Pro Tem Tigue moved to approve Resolution R-02-2056. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 10 CITY COUNCIL MINUTES DECEMBER 3, 2002 ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 3, 2002 - Reading and Public Hearing - Resolution R-02-2073 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 10:30 p.m. APPROVED THIS .5 AYES, 11~ DAY OF 2?..(.~ 2002, BY A VOTE OF 0' NAYS AND u-l D ABSTENTIONS. 11