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HomeMy WebLinkAboutCity Council-Minutes-8/8/2001 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING AUGUST 8, 2001 The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Tigue on August 8,2001, at 6:48 p.m. ROLL CALL: Council persons Joe Hocutt, Brad Rice, and Dana Feldman were present. Mayor Pro Tem Ginny Tigue, Interim City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Fire Chief Mike Johnston, Economic Development Manager Mike Soab, Community Development Manager Barry LeBaron, Project Manager Clayton Husband, Public Works Manager Randy Brown, Marketing Specialist Dixie Cawthorne, Financial Analyst Collin Boothe, Administrative Intern Cindy Martin, City Attorney Ross Foster, and City Secretary Cynthia Singleton were also present. Mayor Donna Arp and Councilman Dennis Marlin were 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 - Potential Litigation - Summerbrook Property Acquisition - 1713 Glade Road Personnel - Evaluation - Interim City Manager Personnel - City Manager Executive Search Sec. 551.071 - Sec. 551.072- Sec. 551.074- Sec. 551.074- Mayor Pro Tem Tigue explained that the Executive Session had been called in accordance with Texas Government Code Chapter 551, Subchapter 0, 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 7:50 p.m. CITY COUNCIL MINUTES AUGUST 8, 2001 The invocation was given by Associate Pastor Jan Baldwin, First United Methodist 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 Mayor Pro Tem Tigue thanked the police for sponsoring "National Night Out", an event designed to deter crime in neighborhoods, held August 7,2001, and invited everyone to participate next year. Mayor Pro Tem Tigue presented a Proclamation to Eagle Scout Matthew Masaji Fertitta. Councilman Brad Rice, who earned the rank of Eagle Scout, commended Matthew for accomplishing this goal and stated that it would be beneficial as he planned his lifework. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-01-1819 Consent Items: a. Approval of minutes of the regular City Council meeting of July 17, 2001 b. Approval of minutes of the special City Council Executive Session held July 10, 2001 c. Approval of minutes of the special City Council Executive Session held July 12, 2001 d. Approval and adoption of the 2001 Certified Tax Roll e. Approval of a final plat of Heritage Glen Addition requested by Matt Torbit, Mady Development Corporation, 10.0 acres located at 3508 Glade Road, Case P-01-021 f. Approval to purchase one Ford half-ton, extended cab, four-wheel drive truck from Hillard Auto Park, in the amount of $24,599.17 Mayor Pro Tern Tigue opened the public hearing and read Resolution R-01-1819 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. 2 CITY COUNCIL MINUTES AUGUST 8, 2001 Councilman Feldman requested that Item e be removed from the Consent Resolution and moved to approve Resolution R-01-1819. Councilman Rice seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1286 - A Zoning Change requested by Raman Chandler, from PUD-C for institutional use to PUD-R Planned Unit Development-Residential and CC2 Shopping Center on 43.891 acres located at the south side of McDonwell School Road and the east side of Precinct Line Road, Westgate, Case Z-01-014 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1286. Ms. Connie Johnson, 7002 Shepherds Glen, Mr. Reggie Braasch, 7001 Shepherds Glen, Mr. Craig Calvery, 7002 Whippoorwill Court, Mr. Steve Magee, 6900 Shepherds Glen, Mr. Maurice Connor, 1303 Bellefonte Lane, Mr. Jeff Zimmerman, 6403 Champion Way, Ms. Vicky Gardner, 511 Remington Court, Ms. Sue Guthrie, 7009 Shepherds Glen, Mr. Balu Chandra, 7005 Shepherds Glen, Mr. Mike Deaton, 8200 Precinct Line, Ms. Joanne Morton, 7006 Shepherds Glen, Ms. Liz Salih, 7009 Whippoorwill Court, Mr. Tom Hart, 1717 Avondale, spoke against the proposed Ordinance. Ms. Nancy Dennis, 4600 Shadycreek Lane, Mr. Bob Putnam, 315 Polo Trail, Mr. Gary Panno, 3202 Wintergreen, Ms. Chris Orteget, 305 Sixpence, Euless, Texas, Mr. Kipp Whitman, 3402 Crossgate Circle South, Mr. Rich Munson, 1905 Hall-Johnson Road spoke in favor of the proposed Ordinance. Ms. Kelly Parker, 6904 Shepherds Glen, Mr. Robert Bernardo, 7010 Shepherds Glen, Mr. Bob Kinley, 7004 Shepherds Glen, Ms. Cathy Hadd, 7007 Shepherds Glen, Mr. John Zambory, 7003 Shepherds Glen, and Mr. Nelson Thibodeaux, 1503 Bellefonte Lane, requested that the proposed Ordinance be tabled until issues in Caldwell's Creek are resolved. Mr. Steve Hutchison, 809 Springbrook, Bedford, Texas, representing the applicant, spoke regarding the proposed golf course. Mr. Jim Moore, 1416 Glade Road, spoke regarding the Master Plan and the need for commercial development. 3 CITY COUNCIL MINUTES AUGUST 8, 2001 Mr. Jamie Turner, of Forecast Golf Group, Inc., 1405 Huguenoird, #103, Midlothian, Virginia, representing the applicant, spoke regarding recreational entertainment, the proposed golf facility, and the increased interest in golf in this area. Mr. Raman Chandler, 7001 Lismore Court, spoke regarding flooding and the detention pond in Caldwell's Creek, the maintenance of the John McCain Road bar ditches, past and current Raman Chandler residential projects and was present to answer questions of the Council. Mayor Pro Tem Tigue read a letter from Mr. Raman Chandler requesting that this item be tabled. Mr. Chuck Watson, 3528 Meadowside Drive, Bedford, Texas, representing the applicant, presented an overview of the Westgate Villas project and the golf center and was present to answer questions of the Council. Discussion ensued regarding the Caldwell Creek detention pond, flooding and Westgate Villa zoning issues. Councilman Feldman moved to table Ordinance 0-01-1286. Councilman Rice seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Councilman Feldman requested that the following amendments be made to Ordinance 0-01-1286: SECTION 2: ~. Other c. The following note shall be added to the final plat of the area zoned PUD-R: This residential subdivision shall serve as a buffer between the Remington Park Addition and the commercial property adjacent to Precinct Line Road. d. The following note shall be added to the final plat of the area zoned PUD-R: A north-south 4-lane Major Collector street is proposed on the Master Thoroughfare Plan west of the residential subdivision. The street would be located approximately 1,000 feet east of Precinct Line Road and be located between McDonwell School Road and L.D. Lockett Road. 4 CITY COUNCIL MINUTES AUGUST 8, 2001 SECTION 3 b. The proposed north-south 4-lane Major Collector street as shown on the Master Thoroughfare Plan will not be required to be dedicated or constructed on this property while the commercial area continues use as a golf course. When the golf course redevelops into a different type of commercial development, dedication and construction of the roadway shall be required at that time. Mayor Pro Tem Tigue declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1287 - A Zoning Change requested by Bob Combs, from AG Agricultural and R20 Single Family Residential to R30 Single Family Residential on 2.2 acres located on the west side of the road at 6108 Hunter Lane, Case Z-01-013 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1287. 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 0-01-1287. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1288 - Approval of an amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 1999 National Electrical Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-01-012 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1288. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1288. 5 CITY COUNCIL MINUTES AUGUST 8, 2001 Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1289 _ Approval of a City-Developer Agreement with Riverwalk Development, L.L.C., for The Bridges of Riverwalk Addition Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1289. There was no one present wishing to speak concerning this item and Mayor Pro Tem closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1289. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1290 _ Amending Ordinance 0-01-1281 General Fund Budget in the amount of $250,000 for construction contingencies for the Colleyville Justice Center Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1290. 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 0-01-1290. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None 6 CITY COUNCIL MINUTES AUGUST 8, 2001 Mayor Pro Tem Tigue declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1291 - Approval of City-Developer Agreement with Melvin & Martindale, Ltd., for The Colleyville Town Center Addition Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1291. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1291. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1292 - A Zoning change requested by J. Kent Bell, from AG Agricultural to R30 Single Family Residential on 4.56 acres located at 115 Glade Road, Blankenship Addition, Case Z-01-016 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1292. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1293 - A Special Use Permit for alcoholic beverage sales for on-premise consumption, requested by Michael Nevares, on Lot AR, E. M. Thompson Subdivision located at 5224 Colleyville Boulevard, Miguelito's Mexican Restaurant, Case Z-01-015 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1293. Mr. Rich Munson, 1905 Hall-Johnson Road and Mr. Dave Allred, 2920 Harwood Road, Bedford, Texas, spoke in favor of the proposed Ordinance. 7 CITY COUNCIL MINUTES AUGUST 8, 2001 Mr. Don Noblit, 8717 Terrace Drive, spoke in favor of the proposed Ordinance and stated that liquor sales at the restaurant would allow more control of liquor consumption. Mr. Mike Nevares, 6662 Hillwood Lane, Dallas, Texas, spoke regarding the Miguelito's family atmosphere, community support of alcohol sales, and in favor of the proposed Ordinance. There were no others wishing to speak and Mayor Pro Tem Tigue closed the public hearing. Councilman Hocutt moved to suspend the rules to allow a citizen to speak. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. Mr. Kipp Whitman, 3402 Crossgate Circle, spoke in favor of the proposed Ordinance. There were no others wishing to speak and Mayor Pro Tem Tigue closed the public hearing. Mr. Michael Nevares, 1216 Crestview Drive, Bedford, Texas, applicant, presented an overview of the history of Miguelitos Restaurant and spoke regarding community support, City of Colleyville and Texas Alcoholic Beverage Code distance requirements, good conduct reports from the City of Colleyville and Hurst Police Departments, concerns of the First Baptist Church and was present to answer questions of the Council. Discussion ensued regarding the City's distance requirements ordinance, amending the ordinance, and tabling this item until the Council reviews the distance requirements in the current ordinance. 12. FIRST READING AND PUBLIC HEARING. Ordinance 0-01-1294 - A Special Use Permit for a convenience store with gasoline sales and alcoholic beverage seales for off-premise consumption requested by Gregory Sowle, on Lot 10, Block 2, Village Park Addition located at the Southeast corner of Village Park Drive and Colleyville Boulevard, Albertson's Express Fuel Center, Case Z-01- 017 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1294. 8 CITY COUNCIL MINUTES AUGUST 8, 2001 Mr. Emad Mikhail, 4100 Bridlewood Court and Mr. Atef Henry, 500 Bridlewood North spoke against the proposed Ordinance. There were no others present wishing to speak and Mayor Pro Tem Tigue closed the public hearing. Mr. Gregory Sowle, 1327 E 71 st Street, Tulsa, Oklahoma, applicant, presented an overview of the project and was present to answer questions of the Council. Mr. Clem Washington, 1327 E. 71 st Street, Tulsa, Oklahoma, applicant, spoke regarding competitive pricing for premium gasoline and groceries. Discussion ensued regarding sales tax revenue and the plausibility of a car wash on this site. 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1295 - An amendment to Chapter 4 of the Land Development Code regarding regulations for landscaping setbacks on Colleyville Boulevard, Case Z-01-018 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1295. There was no one present wishing to speak and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding easements, location of utilities, future cost of relocating utilities, and corridor trees. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1296 - Approval of a City Developer Agreement with CTL Properties, L.L.C., for the Winding Creek Addition Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1296. There was no present wishing to speak and Mayor Pro Tem Tigue closed the public hearing. 15. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1297 - 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 9 CITY COUNCIL MINUTES AUGUST 8,2001 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1297. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. 16. READING AND PUBLIC HEARING - Resolution R-01-1820 - Approval for Change Order 1 and Change Order 2 for the Colleyville Justice Center with CMPA, Inc., in the amount of $179,110 Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1820 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Councilman Feldman moved to approve Resolution R-01-1820. Councilman Rice seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-01-1821 - Authorizing the donation of Kimzey Park open space land for construction of a hike and bike trail Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1821 in its entirety. 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-01-1821. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 10 CITY COUNCIL MINUTES AUGUST 8, 2001 18. READING AND PUBLIC HEARING - Resolution R-01-1822 - Amending the text of the "Vision Statement" of the City of Colleyville Master Plan Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1822 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Resolution R-01-1822. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-01-1823 - Approval of transferring the duties of the Vital Statistics Registrar to the County Clerk of Tarrant County Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1823 in its entirety. 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-01-1823. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. TABLED ITEMS: 20. CONSIDERATION OF ORDINANCE 0-01-1280 - An amendment to the Colleyville Land Development Code regarding Divided Entryways, Driveway Spacing, and Easement and Right-of-Way Encroachments, Case Z-01-01 0 Councilman Feldman moved to remove Ordinance 0-01-1280 from the table. 11 CITY COUNCIL MINUTES AUGUST 8, 2001 Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. Staff presented an overview of the amended ordinance. Councilman Feldman moved to approve Ordinance 0-01-1280. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. REPORTS: 21. PLANNING AND ZONING COMMISSION MINUTES - July 9,2001 CAPITAL IMPROVEMENTS ADVISORY COMMITTEE REPORT - July 23, 2001 TRAFFIC SAFETY TASK FORCE MINUTES - July 9,2001 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Steve Magee, 6900 Shepherds Glen, spoke regarding the Caldwell's Creek Homeowners Association lawsuit against Mr. Raman Chandler, the drainage problems and the detention pond in Caldwell Creek. Mr. Magee requested that the City enforce the zoning ordinances that would require Mr. Chandler to resolve drainage issues in Caldwell's Creek. Mr. Maurice Connor, 1303 Bellefonte Lane, spoke regarding drainage problems on John McCain Road and requested that Mr. Chandler be required to comply with zoning ordinance. Mr. Robert Bernardo, 7010 Shepherds Glen, spoke regarding problems with Caldwell's Creek detention ponds and property values. Nelson Thibodeaux, 1503 Bellefonte Lane spoke regarding PUD-R open space and private space. 12 CITY COUNCIL MINUTES AUGUST 8, 2001 Mr. Raman Chandler, 7001 Lismore Court, spoke regarding drainage in the John McCain Road bar ditches, down stream drainage, and stated that the Caldwell's Creek detention area may become a buildable lot. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 8, 2001 - Reading and Public Hearing - Resolution R-01-1824 Councilman Feldman moved to deny Item f without prejudice. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman Nays: Mayor Pro Tem Tigue Councilman Feldman stated that the Council was unaware at the time this item came forward that developer Matt Torbit has another project separated from the Heritage Glen Addition by another piece of property that the owner wants to develop. City Council would like to give both owners an opportunity to join their developments in the interest of safety and cost savings. Mayor Pro Tem Tigue declared the motion approved. ADJOURNMENT: 24. ADJOURNMENT There being no further business before City Council, Councilman Feldman moved to adjourn. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tam Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 12:15 a.m. 13 CITY COUNCIL MINUTES AUGUST 8, 2001 APPROVED THIS ~St! DAY OF ~~4-0C: , 2001, BY A VOTE OF 4' AYES, 0 NAYS, AND 0 A STENTIONS. Minutes taken and prepared by: 14