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Home My WebLink AboutCity Council-Minutes-1/21/2003 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 21, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Pro Tem Ginny Tigue at 5:17 p.m. on January 21,2003. ROLL CALL: Council persons Joe Hocutt, Brad Rice, Rich Hendler and Richard Newton were present. Mayor Pro Tem Ginny Tigue, City Manager Bill Lindley, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Fire Chief Mike Johnston, Parks and Recreation Manager Monica Walsh, Records Manager Matt Denton, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Mayor Donna Arp was absent. PC.-1. Discussion of proposed amendments to sign regulations Community Development Director Barry LeBaron provided an overview of the proposed amendments to the sign regulations. Council requested that discussion of the proposed sign regulations be scheduled for a future Pre Council meeting. PC.- 2. Discussion of January 21, 2003 City Council regular agenda items There was no discussion regarding the regular agenda items. The meeting was adjourned at 6:12 p.m. ,~--"--~--~-,----------"--'~._."-_.,._.".,.._---'~'_.~"'--'-"> CITY COUNCIL MINUTES JANUARY 21,2003 The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Tigue on January 21, 2003 at 6:45 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Richard Newton were present. Mayor Pro Tem Ginny Tigue, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Fire Chief Mike Johnston, Records Manager Matt Denton, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Mayor Donna Arp was absent. 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 Legal - Litigation - Jo Ann Johns - 4609 Bill Simmons Road Sec. 551.071 - Mayor Pro Tem Ginny Tigue 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 6:48 p.m. and reconvened at 7:30 p.m. The invocation was given by Mr. Bob Ellis of the Baha'i Community, 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 Mayor Pro Tem Tigue announced that Mayor Arp was attending Governor Rick Perry's Inauguration Ceremony in Austin, Texas. 2 CITY COUNCIL MINUTES JANUARY 21,2003 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2086- Consent Items: a. Approval of minutes of the regular City Council meeting of January 7, 2003 b. Approval of an Agreement with Grapevine-Colleyville Independent School District (GCISD) to provide printing services to the City of Colleyville c. Approval of broker/dealer firms for investment purchases Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2086 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2086. Councilman Newton seconded the motion. Financial Analyst Collin Boothe provided an overview of the bidding process for printing services and reported that the City awarded the bid to several vendors and realized a savings of $11,000. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1383 - Approval of a Special Use Permit for a cellular tower on Lot 1, Block 2, Leggett, McKithan and Baylock Addition located at 2319 Hall Johnson Road, Case Z-02- 031 Mayor Pro T em Tigue opened the public hearing and read the caption of Ordinance 0- 03-1383. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Mr. Jim Walker of Zone Systems, Inc., on behalf of Verizon Wireless, was present to answer questions of the Council. 3 CITY COUNCIL MINUTES JANUARY 21,2003 Discussion ensued regarding the benefits of improving the tower, grandfather's clause, current requirements for towers and screening, Councilman Rice moved to approve Ordinance 0-03-1383 with the following amendment: change f. to g. and f will read: Access: The driveway and parking area shall be paved. Council requested that staff provide information regarding requirements for cell towers. Discussion continued regarding paving the road to the tower. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1384- Approval of a Special Use Permit for an accessory building on Lot 11, Block 2, Highland Acres located at 305 Timberline North, Case Z-02-036 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1384. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Rice moved to approve Ordinance 0-03-1384 with the following amendment to Section 1 a: The maximum size of this building footprint shall be seven hundred twenty (720) square feet and the total size of all accessory buildings shall not exceed one thousand nine hundred twenty (1,920) square feet. Councilman Newton seconded the motion. Councilman Hocutt made a friendly amendment to add item d. The accessory building shall not be used as living quarters. Council persons Rice and Newton accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 4 CITY COUNCIL MINUTES JANUARY 21,2003 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1385 - Approval of a Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane, Case Z-02-034 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1385. There were no others present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Mr. Jim Graham, 6616 McMakin Court, spoke in favor of the proposed ordinance and regarding the condition of the property and code enforcement. Mr. Dave Dudziak, 2301 Wilkes Court, Ross Downs Homeowners Association representative, spoke regarding buffers, hours of operation, noise level and maximum size. City Manager Bill Lindley provided an overview of the process for addressing property code violations and expressed appreciation to each Councilmember for their support and direction to proceed with issuance of citations if the property owner does not bring the property into compliance. Discussion ensued regarding the permitted uses of CC1 and ML zoning. Councilman Hocutt requested zoning exclude the following uses: mobile home dwelling, servant and caretaker quarters, bus and train terminals, automotive parking lot and garages for commercial use, transportation vehicle storage yards, hardware companies with outside displays, secondhand goods shop, building materials with outside storage, contractor's office with yard and a pawn shop; no outside storage for automotive repair, plumbing, heating and air conditioning and upholstery shop; Special Use Permit be required for a warehouse and distribution center. Councilman Newton stated concerns regarding ML zoning, conceptual site plan and preliminary plat and the maximum building height. Councilman Rice requested that the ordinance include the following provision: garage bay doors may not open within 180 feet of a residential area. Councilman Hocutt moved to table Ordinance 0-03-1385. Councilman Hocutt requested that the applicant confer with neighbors regarding the hours of operation and delivery hours, Councilman Rice seconded the motion. 5 CITY COUNCIL MINUTES JANUARY 21,2003 Councilman Newton requested that the applicant also address neighbor's concerns regarding buffers, landscaping and future plans for trees. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1387 - Approval of an amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates Phase 3, 19.405 acres located on the south side of L.D. Lockett Road near Precinct Road, Case Z-02-035 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1387. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding fencing, trail, concrete walkway and access easement. Mr. Peter Riis, 6902 Upland Lane, representing Colleyville Girl's Softball Association (CGSA), spoke regarding the field usage agreement between the sport's associations and the City. City Manager Bill Lindley suggested that the developer be notified as to the following: The easement is subject to change and at final plat may be relocated to provide for an improved baseball field layout. Mr. Joseph Reue GSWW, Inc., 3950 Fossil Creek Blvd., Fort Worth, representing the applicant, spoke regarding landscaping and fencing. Councilman Rice moved to approve Ordinance 0-03-1387 with the following amendment to Section 7a: A six (6) foot tall masonry fence shall be constructed along the rear lot line of Lots 12-14, Block 1 and Lot 2, Block 3 by the developer. The fence may be broken up with perpendicular ornamental iron fence panels. The property owner shall maintain the fence and add b: The final location of the pedestrian access easement shall be determine based on the design of the Sneed property, and the easement shall be approved at the time the final plat is considered and Section 2a: The purpose of this PUD-R is for single-family residential development, constructed at a density not to exceed a maximum of 1.75 dwelling units per acre. Councilman Newton seconded the motion. 6 .._~_______,___._________'__~__"M"_'__'___'_"_"_'~~_..__.__"M__'___~_~'_'_"'_'__'_"_''''__ CITY COUNCIL MINUTES JANUARY 21,2003 Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1388 - Approval of a City Developer Agreement with the First United Methodist Church Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 03-1388. There was no one present wishing to speak concerning this item and Mayor Pro T em Tigue closed the public hearing. 9. READING AND PUBLIC HEARING - Resolution R-03-2087 - Acceptance of the annual audit for fiscal year ended September 30, 2002 Mayor Pro Tem Ginny Tigue opened the public hearing and read Resolution R-03-2087 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2087. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Councilman Rice commended Finance Director Terry Leake and staff for excellence in financial reporting and fiscal management. City Manager Bill Lindley commended Finance Director Terry Leake and staff for sound fiscal management. Councilman Newton commended Finance Director Terry Leake for a job well done in managing the City's finances. Mayor Pro Tem Tigue declared the motion carried. 7 CITY COUNCIL MINUTES JANUARY 21,2003 10. READING AND PUBLIC HEARING - Resolution R-03-2088 - Consideration of Appointments to the Zoning Board of Adjustment Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2088 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Newton moved to approve Resolution R-03-2088. Councilman Hocutt seconded the motion. Councilman Hendler spoke regarding the contributions of former Zoning Board of Adjustment member Steve Allen, who passed away. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-03-2089 - Consideration of appointments to the Colleyville Center Advisory Committee Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2089 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2089. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-03-2090 - Approval of a Waiver for the Colleyville Baseball Association (CBA) for use of the Colleyville City Park game fields 8 CITY COUNCIL MINUTES JANUARY 21, 2003 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2090 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2090. Councilman Rice seconded the motion. Discussion ensued regarding field maintenance costs, game field conditions and use of GCISD facilities for practice. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-03-2091 - Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2091 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2091. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-03-2092 - Approval of an Agreement with Newman, Jackson, Bieberstein Landscape Architecture to develop a Master Plan for the property located at 901 L.D. Lockett Road, referred to as the Sneed property, and authorizing the use of Voluntary Park Fund monies, in an amount not to exceed $40,375 9 CITY COUNCIL MINUTES JANUARY 21,2003 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2092 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding Phase I and Phase II of the project. Councilman Rice moved to approve Resolution R-03-2092 with the amendment to add to Sec. 1: in the amount of $13,950 for Phase I and $26,425 for Phase II. Councilman Hocutt seconded the motion. City Manager Bill Lindley stated that upon completion of Phase I, a report will be provided to the Parks and Recreation Advisory Board and based upon the Parks and Recreation Advisory Board's recommendation, Phase II will be presented to Council for consideration. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-03-2093 - Approval of an Interlocal Agreement with Tarrant County for John McCain Road Improvements, in an amount not to exceed $10,000 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2093 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding the current condition of the road, costs of repairs and cost sharing with the County for the repair of the road. Councilman Hendler moved to approve Resolution R-03-2093. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 10 ----~,...~_.._,--_...>---_.~---.._---'-~-_.,~...~.,._...~----.."."'"..-- ._~------------_.- CITY COUNCIL MINUTES JANUARY 21, 2003 16. READING AND PUBLIC HEARING - Resolution R-03-2094 - Authorization to invest funds in Texas Short Term Asset Reserved Program (TEXSTAR), a local government investment pool Mayor Pro Tem Tigue opened the public hearing and read Resolution R-03-2094 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2094. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. 18. REPORTS: PARKS AND RECREATION ADVISORY BOARD MINUTES - November 4, 2002 ZONING BOARD OF ADJUSTMENT MINUTES - November 12, 2002 LIBRARY BOARD MINUTES - December 9, 2002 HISTORICAL PRESERVATION COMMITTEE - December 10,2002 PLANNING AND ZONING COMMISSION MINUTES - December 16, 2002 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 11 CITY COUNCIL MINUTES JANUARY 21,2003 ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 21, 2003 - Reading and Public Hearing - Resolution R-03-2095 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 Pro Tem Tigue declared the meeting adjourned at 9:35 p.m. APPROVED THIS S AYES, ..yJ<;1 DAY OF ~~ 2003, BY A VOTE OF o NAYS AND 0 ABS NTIONS. 0~~~ Cynthia Singleton, T C City Secretary 12