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HomeMy WebLinkAboutCity Council-Minutes-12/21/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 21,1999 The regular meeting of the Colleyville City Council was called to order by Mayor Arp on December 21, 1999, at 6:50 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Frank Carroll, Ginny Tigue, and Mayor Pro Tem Nelson Thibodeaux were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Ken Kolsti, Director of Public Services Bob Whitehead, Community Development Manager Barry LeBaron, Economic Development Manager Mike Soab, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Police Chief John Young, Fire Chief Mike Johnston, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec, 551.071- Sec, 551.072 - Sec. 551,072 - Sec. 551.072 - Sec. 551.074 - Legal - Murray Construction lawsuit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road 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 Arp explained that the Executive Session had been called in accordance with 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 6:52 p.m., and reconvened at 7:33 p.m. CITY COUNCIL MINUTES DECEMBER 21, 1999 The invocation was given by Sister Dorothy Eggering, Good Shepherd Catholic Community 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 There were no reports given. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1579- Consent Items: a. Approval of minutes of the regular City Council meeting of December 7, 1999 b. Approval of minutes of a City Council worksession held November 29, 1999 c. Approval of minutes of a City Council worksession held December 1, 1999 d. Approval of a City/Developer Agreement with Monterra e. Approval of an engineering contract with Freese and Nichols, Inc., for City Hall Infrastructure Improvements in an amount not to exceed $125,200 f. Approval of annual broker/dealer firms for investment purchases Mayor Arp opened the public hearing and read Resolution R-99-1579 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing, Councilman Tigue moved to approve Resolution R-99-1579, Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 2 CITY COUNCIL MINUTES DECEMBER 21, 1999 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1190 - A zoning change request by Akber & Aziz Manji, from AG to R20 on .89 acres located on the northeast corner of Glade Road and Pool Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1190. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-99-1190, Councilman Tigue seconded the motion, Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1191 - A zoning change request by Tom Pritchett for Mark Gottfredson, from AG to PUD-R (planned unit development-residential) on 21.63 acres located at the end of Pebble Hill Drive, extending to John McCain Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1191. Mr. Lance Brown, 7302 Pebble Hill Drive, spoke regarding the option of installing a "grass road" next to the legal roadway for use by emergency vehicles. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1191, with the following changes: 1) That all houses be required to have an automatic fire sprinkler system 2) That there be no requirement for a secondary entrance 3) That a 7' wall or an 8' wall of hand laid brick be installed at the election of the Homeowner's Association 3 CITY COUNCIL MINUTES DECEMBER 21, 1999 Councilman Tigue seconded the motion and offered an amendment to include additional fire hydrants be installed in appropriate locations on the cul-de-sac. Councilman Carroll accepted the amendment. Discussion ensued regarding the street location. Ayes: Councilpersons Carroll and Tigue Nays: Councilpersons Short, Taylor, and Mayor Pro Tem Thibodeaux Mayor Arp declared the motion denied Discussion ensued regarding the waiver of the secondary entrance and tabling the issue. Mayor Pro Tem Thibodeaux moved to table Ordinance 0-99-1191, as written. Councilman Short seconded the motion. Discussion ensued regarding the agreement with the Pebble Hill HOA. Ayes: Councilpersons Short, Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Councilman Carroll Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1192 - A zoning change request by David Hannah, from PUD-R for a nursing home/assisted living center use to PUD-R for single family residential use on 11.958 acres located on the north side of Glade Road in the 1300 block Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1192. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. David Hannah, 3401 Amherst Circle, applicant, was present to answer questions of the Council. 4 CITY COUNCIL MINUTES DECEMBER 21, 1999 Discussion ensued regarding the location of the police/courts building in regard to this proposed development, the percentage of commercial property available, and staffs recommendation to deny. Councilman Carroll moved to deny without prejudice, Ordinance 0-99-1192, allowing the applicant to bring the proposal back to Council prior to the 12-month time limit. Councilman Taylor seconded the motion. Discussion ensued regarding the mixing of residential and commercial zoning, moving the residential to the front of the property, current zoning of the property, selling points, lot sizes, provisions of the Master Plan, comparison to the Villa's at Caldwell's Creek, setting precedence, rear building line, and tabling the ordinance. Councilman Taylor withdrew his second to the motion. The motion died for lack of a second. Councilman Taylor moved to table Ordinance 0-99-1192. Mayor Pro Tem Thibodeaux seconded the motion. Discussion ensued regarding the timing of the proposed development. Ayes: Councilpersons Short, Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Carroll Mayor Arp declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1193 - A zoning change request by David Bagwell, from R20 to PUD-R (planned unit development- residential) on 50.424 acres located in the 800-1000 block of McDonwell School Road, north side of the street; and to consider amending Ordinance 0-99-1153 by including this property into the Glenwood PUD-R Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1193. 5 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ms. Christine Glaser, 106 Van Buren Court, Mr. Pat Davis, 104 Van Buren Court, Mr. Lance Brown, 7302 Pebble Hill Drive, representing the Pebble Hills HOA, Ms. Joan Quinn, 6817 Pleasant Run Road, Mr. Tim Meadows, 6901 Pleasant Run Road, Mr. Earl Swift, 207 Virginia Square, Mr. Fred Taylor, 7103 Monticello Parkway, Mr, Jeff Byerly, 7109 Pebble Hill, Mr, Andrew Gilbert, 7906 Jefferson Circle, Mr. Dennis Marlin, 7101 Pleasant Run Road, Mr. Rich Munson, 1905 Hall-Johnson Road, Mr. AI Zim, 7204 John McCain Road, Mr. Frank Genco, 1104 John McCain Road, Mr. Brent Gill, 107 Williamsburg Court, Ms. Beth Battles, 101 John McCain Road, Ms. Toni Oyler, 101 Van Buren Court, Mr. Jim Nadeau, 7605 Leesburg Drive, and Mr. Jud Heflin, 104 Williamsburg Court, spoke in opposition to the proposed thoroughfare. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding tabling this item and working with the developer to make changes to the proposed ordinance, notification procedures, the proposed 70' right-of-way, the configuration of the proposed street, and the location of the subdivision within the Keller Independent School District. Councilman Taylor moved to table Ordinance 0-99-1193. Councilman Short seconded the motion. Mayor Pro Tem Thibodeaux moved to amend the motion removing the portion of the Ordinance that relates to a connecting roadway between McDonwell School Road and John McCain Road. Councilman Taylor did not accept the amendment offered by Mayor Pro Tem Thibodeaux. Councilman Short moved to amend the motion with the plan being brought back with the removal of the 70' right-of-way as is currently shown in Exhibit D. Councilman Taylor accepted the amendment. Mayor Pro Tem Thibodeaux suggested an amendment to the motion to use the proposed connector for emergency access only, Councilman Taylor neither accepted nor rejected the suggested amendment. 6 CITY COUNCIL MINUTES DECEMBER 21, 1999 Councilman Tigue moved to amend the motion to remove Section F of the proposed Ordinance. Councilman Taylor neither accepted nor rejected the amendment to the motion, The vote on the motion to table the Ordinance with the developer coming back with a reconfigured circuitous street was as follows, Ayes: Councilpersons Taylor and Short Nays: Councilpersons Carroll, Tigue, and Mayor Pro Tem Thibodeaux Mayor Arp declared the motion failed. Mayor Pro Tern Thibodeaux moved to table Ordinance 0-99-1193, with changes to Section 4F, indicating that there be no connector road from McDonwell School Road to John McCain Road. Councilman Tigue seconded the motion. Discussion ensued regarding turn lanes and improvements to John McCain Road. Ayes: Councilpersons Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Councilpersons Carroll and Short Mayor Arp declared the motion carried, 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1194 - A Special Use Permit for a carport at 6112 Bettinger, A1177, TR1A2, requested by John Gaston Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1194. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Ordinance 0-99-1194. Councilman Carroll seconded the motion. 7 CITY COUNCIL MINUTES DECEMBER 21, 1999 Discussion ensued regarding the City's ordinance provisions and the lack of opposition expressed by neighbors. Ayes: Councilpersons Tigue, Short, Carroll, and Mayor Pro Tem Thibodeaux Nays: Councilman Taylor Mayor Arp declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1195 - A Special Use Permit for a carport at 3601 San Bar, requested by Rodney John for Joy Rodger Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1195. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1195, Councilman Tigue seconded the motion, Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1196 - Approval of amendments to Ordinance 0-99-1175, authorizing supplemental appropriations for the FYOO General Fund Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1196. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1196. Councilman Taylor seconded the motion. 8 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 11. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1197 - Amending the Colleyville Crime Control and Prevention District (CCCPD) program funding levels as established by Ordinance 0-99-1168 Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1197. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-99-1197, Councilman Carroll seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried, 12. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1198 - An amendment to the Master Thoroughfare Plan Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1198. Mr. Marty Statduhar, 101 Williamsburg Court, Mr, Fred Ballinger, 304 W. Bandit Trail, Mr. Rich Munson, 1905 Hall-Johnson Road, Mr. Andrew Gizbert, 7906 Jefferson Circle, and Mr. Frank Genco, 1104 John McCain Road spoke in opposition. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1198, Councilman Taylor seconded the motion, 9 CITY COUNCIL MINUTES DECEMBER 21, 1999 Discussion ensued regarding the right-of-way and pavement standards, the deletion of all references to John McCain Road, narrow parkways along some streets, landscaping, and preserving rights-of-way, Councilman Short offered an amendment to the Ordinance, changing the minor collectors from 70 to 75 feet right-of-way width, changing the minor arterial/major collector from 70 to 80 feet right-of-way width, and changing the minor arterial/major collector from 90 to 95 feet right-of-way width, Councilman Carroll and Councilman Taylor accepted the amendment offered by Councilman Short, Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried, 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1199 -Amending the water and wastewater system capital improvements plan and the imposition of impact fees Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1199. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1200 - Authorizing the removal or trimming of trees, tree limbs or shrubs in or over street rights-of-way Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1200. Ms. Dee Barker, 2200 Oak Knoll, spoke regarding this ordinance being selectively enforced, depending on the street. Mr. Rich Munson, 1905 Hall-Johnson Road, spoke in opposition to the proposed Ordinance. 10 CITY COUNCIL MINUTES DECEMBER 21, 1999 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 15. READING AND PUBLIC HEARING - Resolution R-99-1581 - Approving a waiver of perimeter street improvement requirements, a request of Burk Collins for Bear Creek Plantation at 1312 John McCain Road Mayor Arp opened the public hearing and read Resolution R-99-1581 in its entirety. Mr. Burk Collins, 1312 John McCain Road, applicant, was present to answer questions of the Council. Discussion ensued regarding the size of the lot. Councilman Tigue moved to approve Resolution R-99-1581. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-99-1582 - Approving a waiver of perimeter street improvement requirements, a request of Paul Millsay for the Greer Addition at the southwest corner of Glade Road and Jim Mitchell Trail West Mayor Arp opened the public hearing and read Resolution R-99-1582 in its entirety, Ms. JoE lien Greer, 4904 Jim Mitchell Trail West, applicant, was present to answer questions of the Council. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to deny Resolution R-99-1582 without prejudice. Councilman Short seconded the motion. 11 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-99-1583 - Adopting the City of Colleyville Comprehensive Parks, Recreation and Open Space Master Plan Mayor Arp opened the public hearing and read Resolution R-99-1583 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to table Resolution R-99-1583. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-99-1584 - Supporting the goals of the Clean Cities 2000 Program and authorizing submittal of Clean Cities 2000 application Mayor Arp opened the public hearing and read Resolution R-99-1584 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-99-1584. Councilman Tigue seconded the motion, 12 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-99-1585 - Authorizing the City Manager to sign deeds and accept donations of property for City Hall and entry road to City Hall Mayor Arp opened the public hearing and read Resolution R-99-1585 in its entirety. Mr. Rich Munson, 1905 Hall-Johnson Road, raised questions regarding the City purchasing property and the appraisal of the property. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Resolution R-99-1585. Councilman Taylor seconded the motion, Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-99-1586 - Approving a tax increment financing agreement with Village Monticello Partners, LTD. Mayor Arp opened the public hearing and read Resolution R-99-1586 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-99-1586. Councilman Taylor seconded the motion. 13 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 21. READING AND PUBLIC HEARING - Resolution R-99-1587 - Approving a contract award to GTE Southwest in the amount of $114,948 for Police Department mobile computer hardware/software Mayor Arp opened the public hearing and read Resolution R-99-1587 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-99-1587, Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried, 22. READING AND PUBLIC HEARING - Resolution R-99-1588 - Accepting the Annual Audit for Fiscal Year 1998-99 Mayor Arp opened the public hearing and read Resolution R-99-1588 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing, Finance Director Terry Leake introduced Mr, Jerry Gaither of Weaver and Tidwell. Mr. Gaither gave a brief overview of the audit process. Councilman Taylor moved to approve Resolution R-99-1588, Mayor Pro Tem Thibodeaux seconded the motion. 14 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 23. READING AND PUBLIC HEARING - Resolution R-99-1589 - Authorizing the City Manager to proceed with condemnation of property on John McCain Road Mayor Arp opened the public hearing and read Resolution R-99-1589 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-99-1589, Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried, 24. READING AND PUBLIC HEARING - Resolution R-99-1590 - Supporting improvements to State Highway 114 and 121 Corridor Mayor Arp opened the public hearing and read Resolution R-99-1590 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-99-1590. Councilman Tigue seconded the motion. Discussion ensued regarding access to S. H. 26 and the impact on Colleyville. 15 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll and Tigue Nays: Mayor Pro Tem Thibodeaux Mayor Arp declared the motion carried. STAFF REPORTS: 25. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 26. PLANNING AND ZONING COMMISSION MINUTES -12/13/99 There was no action taken on this item. CITIZEN COMMENTS: 27. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 28. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 21, 1999 - Reading and Public Hearing - Resolution R-99-1580 This Resolution was not needed. ADJOURNMENT: 29. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Mayor Pro Tem Thibodeaux seconded the motion. 16 CITY COUNCIL MINUTES DECEMBER 21, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the meeting adjourned at 11 :30 p,m. APPROVED THIS 4~ AYES, 0 NAYS, AND DAY OF cJa.//JIJJIJ''f o ABSTENTIONS, , 2000, BY A VOTE OF 5 Minutes ffiken andJJ= Jea Harris, TRMC, CMC City Secretary 17