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HomeMy WebLinkAboutCity Council-Minutes-2/16/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 16, 1999 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on February 16, 1999, at 6:45 p.m. ROLL CALL: Councilpersons Steven Helling, Frank Carroll, Nelson Thibodeaux, Ginny Tigue, and Mayor Pro Tem Donna Arp were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Administrative Intern Ken Kolsti, Public Services Director Jim Foster, Community Development Manager Barry LeBaron, Economic Development Manager Mike Soab, Public Works Manager Randy Brown, City Attorney Ross Foster, Parks and Recreation Office Assistant Cynthia Singleton, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Property Acquisition - Pleasant Run Road Property Acquisition - Colleyville Boulevard Personnel - The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attorney, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office Mayor Newton explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551 .072 - Property Acquisition and Section 551.074 - Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:47 p.m., and reconvened at 7:35 p.m. /- 1 CITY COUNCIL MINUTES FEBRUARY 16, 1999 The invocation was given by Councilman Frank Carroll, 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 Newton made a presentation to Tanya Copple for her service on the Parks and Recreation Advisory Board and thanked her for her service on this Board and in other areas of the City. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1473 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 2, 1999 b. Approval of an interlocal agreement with the City of Keller for an emergency water interconnect, in an amount not to exceed $7,000 c. Approval of a contract award for professional planning services with Municipal Planning Resources Group to develop a Unified Development Code, in an amount not to exceed $27,000 Mayor Newton opened the public hearing and read Resolution R-99-1473 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Resolution R-99-1473. Councilman Tigue seconded the motion. Discussion ensued regarding Item 3b, the agreement with Keller for water during construction of the Overland Trail Pump Station; and Item 3c, the accomplishments that will be made with the available funds. ~- 2 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1142 - Approving a Time-of-Use rate schedule for T U Electric Discussion ensued regarding this being a voluntary schedule, the various savings, and notification to customers. Mr. Sonny Rhodes, T U Electric, was present to answer questions of the Council and gave a brief explanation of the rate schedule. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1142. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Mayor Pro Tem Arp moved to approve Ordinance 0-99-1142. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1143 - Adopting and levying a sales and use tax for the purpose of financing the operation of the Crime Control and Prevention District Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1143. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. ~ 3 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Councilman Carroll moved to approve Ordinance 0-99-1143. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1144 - Consideration of a Special Use Permit to allow the sale of alcoholic beverages for on-premise consumption on Lot 2-R, Block 3, Village Park Addition, 800 Village Park Drive Staff gave a brief overview of the request and advised that the special use permit (SUP) includes the entire site. Discussion ensued regarding the specific location of the SUP, and providing restrictions in the ordinance to allow the SUP for the restaurant portion of this location only. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1144. There was no one present wishing to speak concerning this request and Mayor Newton closed the public hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1145 - Consideration of a Special Use Permit to allow the sale of alcoholic beverages for off-premise consumption on Lot 1, Block 1, Davidson Addition, 3900 Colleyville Boulevard, Colleyville Boulevard and Mid-Cities Boulevard Staff gave a brief overview of the request. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1145. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 4 CITY COUNCIL MINUTES FEBRUARY 16, 1999 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1146 - Consideration of an amendment to Ordinance 0-96-1053 site plan and conditions and a Special Use Permit to allow the sale of alcoholic beverages for on-premise consumption, and a Special Use Permit to allow the sale of alcoholic beverages for off-premise consumption on 4.3057 acres at the southeast corner of L. D. Lockett Road and Precinct Line Road Staff gave a brief overview of the request, the recommendation of the Planning and Zoning Commission, and the staff recommendation. Discussion ensued regarding the restrictions placed on the property, business hours of the proposed restaurant, and the location of the proposed church in the area. Mr. Doug Henderson, 3602 Lake Champlain, Arlington, applicant, spoke regarding the restrictions placed on this site at the time of the original zoning, a unified design, landscaping along Precinct Line Road, placement of windows, meeting the new architectural design scores, and location of driveways. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1146. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1147 - Consideration of a zoning change from CC-2 (shopping center) to C-PO (commercial professional office) on 0.4953 acres of land located at 4009 Gateway Drive, south side of the street Staff gave a brief overview of the request. Discussion ensued regarding other buildings in the area. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1147. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 5 CITY COUNCIL MINUTES FEBRUARY 16, 1999 10. READING AND PUBLIC HEARING - Resolution R-99-1459 -Approving an appeal request of John Hawkins to set a date for a public hearing on a rezoning request denied by the Planning and Zoning Commission Mayor Newton opened the public hearing and read Resolution R-99-1459 in its entirety. Discussion ensued regarding the current proposal of the developer, access, review of the Planning and Zoning Commission, location of the proposed gate, through streets, R30 zoning, proposed changes to the previous proposal and whether or not the Planning and Zoning Commission should reconsider this issue, gating the entire subdivision, the number of lots, timing of the development construction, information being provided to the homeowners in the area of the proposed development, and a calculation of the estimated length of time to drive through this subdivision. Mr. Fred Huege, 6403 Emerald Drive, spoke in opposition to the proposed rezoning. Mr. Tom Parker, 6300 Emerald Drive, spoke in opposition to any additional housing in the area unless it is consistent with the current zoning in the area Mr. Gregory Scott, 6500 Caldwell-Hughes Road, spoke in opposition to R20 zoning and stated he \^/Quid support R30 zoning. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. John Hawkins, 6003 Sundermann, applicant, spoke regarding the ingress/egress, and a proposed controlled access gate between this development and Jewell Estates. Councilman Thibodeaux moved to approve Resolution R-99-1459. Councilman Tigue seconded the motion. Discussion ensued regarding the R20 zoning case denied by the Planning and Zoning Commission, the altemate proposal by Mr. Hawkins, and what will appear on the Council's March 2, 1999, agenda regarding this issue. 6 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-99-1475 - Approving a waiver of perimeter street improvement fees; request of Lloyd Brothers for Janice Estates located at 1708 Oak Knoll Drive Staff gave a brief overview of the request. Discussion ensued regarding the zoning on the lots in question. Mayor Newton opened the public hearing and read Resolution R-99-1475 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Resolution R-99-1475. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-99-1476 - Approving an engineering contract with Freese and Nichols, Inc., in an amount not to exceed $365,480 for the design of paving improvements of Hall-Johnson Road from S. H. 26 to Pool Road Staff gave a brief overview of the proposed contract. Discussion ensued regarding the public meetings held relating to this issue. Mayor Newton opened the public hearing and read Resolution R-99-1476 in its entirety. 7 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Mr. Jim VanOver, 2303 Ballantrae, representing the Highland Meadows Homeowners Association, spoke in opposition, and stated his concerns for loss of property value, safety, a petition of more than 300 citizens opposing the improvement of Hall-Johnson Road, the need for a library, and the priorities of the Council. He stated he is not opposed to retail development and would support improvements at the intersection of Hall-Johnson Road and S. H. 26. Mr. Henry Re, 2501 Ballantrae Drive, spoke in opposition to the Resolution, the cutting down of trees, noise, and additional traffic. He stated the city should consider growth limitations, neighborhood retail limitations, improving street maintenance, and improving the appearance of S. H. 26. Mr. John Dineen, 2602 Arbor Trail, spoke in opposition to the proposed Resolution and stated concerns for the speed of traffic on Hall-Johnson Road in Grapevine, through traffic, the lack of advantages this project \^/Quid have to Colleyville businesses, the need for the total package of impacts to be presented to the citizens, and the need for the city to consider the alignment of Bogart at S.H. 26. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding traffic counts, improvements to the intersection of Hall- Johnson Road and S. H. 26, development of commercial land, purpose of the proposed study, preserving trees, safety, future planning, sidewalks, adding approximately two-to- four feet to each side of Hall-Johnson Road, obtaining an expert opinion from engineers who know about improving safety, spending less money to look at the intersection of Hall- Johnson Road and S. H. 26, aesthetics, traffic flow, noise, options, the center of town, Hall-Johnson as a through street, the difficulty and illegality of stopping growth, and reducing the amount of funding in order to have control over what is accomplished. The Council advised there was no intent to create a highway, and no intent to develop neighborhood retail businesses along Hall-Johnson Road. Councilman Helling moved to approve Resolution R-99-1476, in an amount not to exceed $300,000. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None 8 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Mayor Newton declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-99-1477 -Approving a contract for professional services with Carter & Burgess for a Comprehensive Park, Recreation and Open Space Master Plan and authorizing the use of Colleyville Economic Development Funds (CEDC) in the amount of $15,000, and the use of Voluntary Park Funds, in the amount of $32,400, for an amount not to exceed $47,400 Discussion ensued regarding the use of the CEDC funds for this purpose and possible grants. Mayor Newton opened the public hearing and read Resolution R-99-1477 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Resolution R-99-1477. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-99-1478 -Appointing members to the Community Center Advisory Committee Mayor Newton opened the public hearing and read Resolution R-99-1478 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton declared the motion carried. Mayor Pro Tem Arp moved to approve. Councilman Carroll seconded the motion. ~ 9 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Mayor Newton declared the motion carried. TABLED ITEMS: 15. CONSIDERATION OF RESOLUTION R-99-1465 - Approval of Parks and Recreation Sponsorship and Advertising Policy Mayor Pro Tem Arp moved to remove this item from the table. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Councilman Carroll moved to suspend the rules to allow citizens to speak. Councilman Helling seconded the motion. Mr. Bill Kutka, President of the Colleyville Softball Association, 6308 Kenshire Court, spoke regarding the proposal and stated that the changes proposed by the Council are fair. Mr. Steve Houk, 6602 Carriage Drive, president of the Colleyville Baseball Association, complimented Dianne McWethy for her work on this issue and spoke regarding the proposed changes, the allowing of advertising on the ballfields, funds going back into the community, and the need for practice fields and shade structures. He thanked the Council for the park, and the fields, and asked for the Council's approval of this Resolution as amended. There were no others wishing to speak concerning this item. Discussion ensued regarding the efforts to change the proposal and address the concerns of the Council and the signs backing to people's homes. Councilman Carroll moved to approve Resolution R-99-1465, with an amendment to place only four (4) signs on fields that back up to people's homes. Mayor Pro Tem Arp seconded the motion. 10 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Discussion ensued regarding the number of fields this would impact and the financial impact. Councilman Carroll amended his motion to state that the funds would be split equally between the Baseball/Softball Associations. Mayor Pro Tem Arp agreed to the amended motion. Discussion ensued regarding the number of signs, the shade structures, and the one year trial basis. Councilman Carroll withdrew his amendment in regard to splitting the funds. Mayor Pro Tem Arp agreed to the withdrawal of this portion of the motion. Mayor Pro T em Arp withdrew the second to the motion. The motion failed for lack of a second. Councilman Tigue moved to approve Resolution R-99-1465, as written. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: Councilman Carroll Mayor Newton declared the motion carried. ACTION ITEMS: 16. DISCUSSION AND CONSIDERATION OF A RATE INCREASE AND CHANGE IN SOLID WASTE COLLECTION SERVICE BY TRINITY WASTE SERVICES Councilman Carroll moved to suspend the rules to allow citizens to speak. Councilman Helling seconded the motion. 11 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Ayes: Councilpersons Helling Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Mr. Joe Noorlag, Trinity Waste District Manager, spoke regarding the proposal for the rate increase request, pilot projects to reduce cost, the contract extension, and Consumer Price Index increases. There were no others wishing to speak concerning this item. Discussion ensued regarding the service of Trinity Waste, cost of vehicles, the number of complaints received, extension of the contract, the proposal of a pilot project, the creation of a citizen committee to study the pilot project, profit of Trinity Waste, labor costs, survey of citizens regarding the pilot project, cost increases due to federal mandates, and rates of surrounding cities. Councilman Helling moved to approve the rates as proposed, including commercial, with a two year extension to the current contract. Councilman Tigue seconded the motion. Discussion ensued regarding the direction of the City Manager, the effective date, notification to citizens, pilot programs in other cities, legality of extending the contract for this service versus competitive bidding, and the need for an ordinance to be placed on the next regular Council agenda in order to take action on this issue. The motion and second were withdrawn and direction was given to the City Manager to place two ordinances on the next regular Council agenda for consideration of the extension of the current contract and for consideration of the rate increase request. STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT QUARTERLY INVESTMENT REPORT There was no action taken on this item. 12 CITY COUNCIL MINUTES FEBRUARY 16, 1999 18. PLANNING AND ZONING COMMISSION MINUTES - 2/8/99 ZONING BOARD OF ADJUSTMENT MINUTES - 2/9/99 PARKS AND RECREATION ADVISORY BOARD MINUTES - 2/1/99 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. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 16, 1999- Reading and Public Hearing - Resolution R-99-1474 This Resolution was not needed. ADJOURNMENT: 21. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the meeting adjourned at 10:30 p.m. APPROVED THIS 2 ~ DAY OF );fa.rell AYES, 0 NAYS, AND n ABSTENTIONS. ,1999, BY A VOTE OF 6" 13 CITY COUNCIL MINUTES FEBRUARY 16, 1999 Minutes taken an~= Je Harris, TRMC, CMC Ci Secretary ( 14