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HomeMy WebLinkAboutCity Council-Minutes-12/17/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 17,2002 The Pre-Council meeting of the Colleyville City Council was not held due to the Parks and Recreation Advisory Board and SH26 Advisory Committee interviews. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 17, 2002, at 6:48 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, Finance Director Terry Leake, Community Development Director Barry LeBaron, Public Services Director Keith Fisher, Engineer Chris Steubing, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Records Manager Matt Denton, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 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 Ms. Neda Moyad of Baha'i Community, after which Ross Foster led the Pledge of Allegiance. CITY COUNCIL MINUTES DECEMBER 17,2002 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Hendler expressed appreciation to the Celebrate Colleyville Committee members, citizens and staff for their work on the Celebrate Colleyville event. Councilman Newton announced that it was Mayor Arp's birthday and wished Mayor Arp a Happy Birthday. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2074 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 3, 2002 b. Approval to extend the Interlocal Agreement for FY2003 with the City of Grapevine for fleet services for Fire Department vehicles c. Approval of an Interlocal Agreement renewal and funding for the Metroport Teen Court Program d. Approval of Change Order 1 for the Congestion Mitigation and Air Quality (CMAQ) Project at Glade Road/State Highway 26/Pleasant Run realignment with TxDOT, in the amount of $26,426.28 Mayor Arp opened the public hearing and read Resolution R-02-2074 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-02-2074. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 2 CITY COUNCIL MINUTES DECEMBER 17,2002 PUBLIC HEARINGS: 4. SECOND 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. Discussion ensued regarding the dedication of right-of-way and future platting. Mr. David Debrecht, 304 W. Van Oaks Drive, applicant, was present to answer questions of the Council. City Manager Bill Lindley provided an overview of perimeter street fees. Councilman Hocutt moved to approve Ordinance 0-02-1377. 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. 5. SECOND 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. Councilman Rice moved to approve Ordinance 0-02-1378. Councilman Hocutt seconded the motion. 3 CITY COUNCIL MINUTES DECEMBER 17, 2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1379 - Approval of the Zoning Change from CPO Professional Office to PUD-C 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. Councilman Newton moved to approve Ordinance 0-02-1379. 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. 7. SECOND 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 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. Councilman Hocutt moved to approve Ordinance 0-02-1380. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor declared the motion carried. 4 CITY COUNCIL MINUTES DECEMBER 17, 2002 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1381 - Approval of a Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road, Case Z-02-029 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1381. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Terry Grisso, 1205 Glade Road, applicant, was present to answer questions of the Council. Discussion ensued regarding the number of vehicles stored on the property and future storage plans for the vehicles. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1382 - Approval to rescind Resolution R-O 1-1789 and adopt an Ethics Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1382. Mr. Maurice Connor, 1303 Bellefonte, spoke regarding the Ethics Committee membership and against the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton summarized proposed changes to the Ordinance and stated that additional proposed changes would be forthcoming. 10. READING AND PUBLIC HEARING - Resolution R-02-2075 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Arp opened the public hearing and read the caption of Resolution R-02-2075. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations for Place 1. Councilman Hocutt nominated Pete O'Brien. Councilman Newton nominated Chris Foy. There were no other nominations and Mayor called for the vote. 5 CITY COUNCIL MINUTES DECEMBER 17, 2002 Pete 0' Brien: Chris Foy: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Pete O'Brien appointed to Place 1 of the Parks and Recreation Advisory Board. Mayor Arp opened the floor for nominations for Place 3. Councilman Rice nominated Vince Rosen. There were no other nominations and Mayor Arp declared Vince Rosen appointed to Place 3 of the Parks and Recreation Advisory Board. Mayor Arp opened the floor for nominations for Place 5. Councilman Hendler nominated Jonathan Ayers. Mayor Pro Tem Tigue nominated Chris Foy. There were no other nominations and Mayor Arp called for the vote. Jonathan Ayers: Chris Foy: Councilpersons Hendler and Newton Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared Chris Foy appointed to Place 5 of the Parks and Recreation Advisory Board. Mayor Arp opened the floor for nominations for Place 7. Councilman Newton nominated Jonathan Ayers. Mayor Pro Tem Tigue nominated Chuck Thomas. There were no other nominations and Mayor Arp called for the vote. Jonathan Ayers: Chuck Thomas: Councilpersons Newton and Hendler Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue Mayor Arp declared Chuck Thomas appointed to Place 7 of the Parks and Recreation Advisory Board. Councilman Hocutt moved to approve Resolution R-02-2075. Councilman Rice seconded the motion. Councilman Hocutt expressed gratitude to the citizens who applied for a position and were willing to serve the community. 6 CITY COUNCIL MINUTES DECEMBER 17,2002 Councilman Rice announced that Mr. Foy and Mr. Thomas were incumbents and reappointed to the Board. 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-02-2076 - Consideration of appointments to the SH26 Advisory Committee Mayor Arp opened the public hearing and read the caption of Resolution R-02-2076. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations for the first position. Councilman Rice nominated Butch Wallace. There were no other nominations and Mayor Arp declared Butch Wallace appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the second position. Councilman Hendler nominated Jody Short. Mayor Pro Tem Tigue nominated Kim Gill There were no other nominations and Mayor Arp called for the vote. Jody Short: Councilpersons Hendler and Newton Kim Gill: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared Kim Gill appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the third position. Councilman Newton nominated John Eubanks. Mayor Pro Tem Tigue nominated Ernest Hedgcoth. There were no other nominations and Mayor called for the vote. John Eubanks: Ernest Hedgcoth: Councilpersons Hendler and Newton Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue 7 CITY COUNCIL MINUTES DECEMBER 17, 2002 Mayor Arp declared Ernest Hedgcoth appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the fourth position. Mayor Pro Tem Tigue nominated Dr. Louis Miller. There were no other nominations and Mayor Arp declared Dr. Miller appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the fifth position. Councilman Hocutt nominated Lorna McElaney Councilman Hendler nominated John Eubanks There were no other nominations and Mayor Arp called for the vote. Lorna McElaney: John Eubanks: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Lorna McElaney appointed to the SH26 Advisory Committee. Mayor Arp opened the floor for nominations for the sixth position. Councilman Rice nominated Kipp Whitman. Councilman Hendler nominated John Eubanks. There were no other nominations and Mayor Arp called for the vote. Kipp Whitman: John Eubanks: Councilpersons Rice, Hocutt, and Mayor Pro Tem Tigue Council persons Hendler and Newton Mayor Arp declared Kipp Whitman appointed to the SH26 Advisory Committee. Mayor Pro Tem Tigue moved to approve Resolution R-02-2076. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-2077- Consideration of appointments to the Tax Increment Financing District (TIF) Board of Directors 8 CITY COUNCIL MINUTES DECEMBER 17, 2002 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2077. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. City Manager Bill Lindley outlined the requirements for serving on the Tax Increment Financing District (TIF) Board of Directors. Mayor Arp opened the floor for nominations for the first position. Councilman Hocutt nominated Councilman Brad Rice. There were no other nominations and Mayor Arp declared Councilman Rice appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the second position. Councilman Rice nominated Councilman Joe Hocutt. There were no other nominations and Mayor Arp declared Councilman Hocutt appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the third position. Councilman Hendler nominated Councilman Richard Newton. Mayor Pro Tem Tigue nominated Mayor Donna Arp. There were no other nominations and Mayor Arp called for the vote. Councilman Newton: Mayor Donna Arp: Council persons Hendler and Newton Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Mayor Arp declared Mayor Arp appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the fourth position. Councilman Newton nominated Mayor Pro Tem Ginny Tigue. There were no other nominations and Mayor Arp declared Mayor Pro Tem Tigue appointed to the Tax Increment Financing District Board of Directors. Mayor Arp opened the floor for nominations for the fifth position. Mayor Pro Tem Tigue nominated Ret Stansberger. 9 CITY COUNCIL MINUTES DECEMBER 17,2002 Councilman Hendler nominated Councilman Richard Newton. There were no other nominations and Mayor Arp called for the vote. Ret Stansberger: Councilman Newton: Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue Councilpersons Hendler and Newton Mayor Arp declared Ret Stansberger appointed to the Tax Increment Financing District Board of Directors. Mayor Pro Tigue moved to approve Resolution R-02-2077. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Councilpersons Newton and Hendler Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-2078 - Approval of the Amended Plat of Lots 40-R-1 and 41-R-1, Village at Colleyville, located at 85 and 97 Piazza Lane, Case P-02-046 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2078. 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-02-2078. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-2079 - Acceptance of the deeds for public parking lots and parks from the Village at Colleyville, Case G-02- 013 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2079. 10 CITY COUNCIL MINUTES DECEMBER 17, 2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the reasons for acceptance of the deeds for public parking lots and parks, the purpose of the Tax Increment Financing Agreement, citizen involvement in the development and landscaping of parks and reverter clauses. Mayor Pro Tem Tigue moved to approve Resolution R-02-2079 with the amendment to exclude Lots 55, 56, 57, 58 and 70. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Councilpersons Newton and Hendler Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-02-2080 - Approval to amend the Professional Services Agreement with Brinkley Sargent Architects, for the Justice Center, in the amount of $22,500 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2080. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding liquidated damages. Mayor Pro Tem Tigue moved to approve Resolution R-02-2080. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-02-2081 - Approval of City Hall and Library construction Change Order 4 with Ratcliff Constructors, Inc., in the amount of $ 40,528 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2081. 11 CITY COUNCIL MINUTES DECEMBER 17,2002 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-02-2081. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-02-2082 - Approval of the Colleyville Justice Center construction Change Order 5 with CMPA, Inc., in the amount of $26,777.11 Mayor Arp opened the public hearing and read the caption of Resolution R-02-2082. 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-02-2082. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 18. 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-02-01 0 Councilman Rice moved to remove Ordinance 0-02-1337.4 from the table. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None 12 CITY COUNCIL MINUTES DECEMBER 17, 2002 Mayor Arp declared the motion carried. Mr. Richard Myers, 300 Lloyd Circle, Main Street, Realty Capital Corporation, applicant, was present to answer questions of the Council Discussion ensued regarding set back and lot coverage. Mayor Arp recessed the meeting at 10:15 p.m. and reconvened 10:25 p.m. Discussion continued regarding late night hours of operation and security fencing and walls, parking and dumpster screening. Community Development Director Barry LeBaron reviewed the proposed ordinance and changes. Section E. Development Standards, Subsection 1 q: Aboveground parking garages containing fourteen or fewer parking spaces, underground parking garages, basements and cellars. Section E. Development Standards, Subsection 16: Limitations on Late Night Hours of Operation - Insert: Business located within this PUD-C shall close not later than 10:30 p.m. on weekdays and Sundays and 12:30 a.m. on Fridays and Saturdays. Section E. Development Standards, Subsection 18: Dumpster Screening - All freestanding dumpsters shall be screened on all fours sides with an opaque closure measuring to a height at least six inches above the top of the dumpster. A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or building niche measuring at least six inches above the top of the dumpster. The building niche shall be constructed of material that matches the building. Section G. Supplementary Requirements, Subsection 7c: change City owned park to City Park Discussion ensued regarding parking time limits and enforcement. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1337.4 with changes as outlined. Councilman Hocutt seconded the motion. 13 CITY COUNCIL MINUTES DECEMBER 17, 2002 Councilman Hendler made a friendly amendment to Section E. Development Standards, Subsection 16: Limitations on Late Night Hours of Operation - Change hours of operation to: Business located within this PUD-C shall close not later than 12:00 a.m. on weekdays and Sundays and 2:00 a.m. on Fridays and Saturdays. Councilman Hocutt and Mayor Pro Tem Tigue accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Council persons Hendler and Newton Mayor Arp declared the motion carried. STAFF REPORTS: 19. MONTHLY FINANCIAL REPORT REPORTS: 20. LIBRARY BOARD MINUTES - November 11, 2002 CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 17, 2002 - Reading and Public Hearing - Resolution R-02-2083 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. 14 CITY COUNCIL MINUTES DECEMBER 17,2002 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 11: 15 p.m. APPROVED THIS .s- AYES, 1~ DAY OF o NAYS AND ~ 2002, BY A VOTE OF o ABSTENTIONS. Minutes taken and prepared by: 0/1 . . ~ Cynthia Singleton, TRMC City Secretary 15