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HomeMy WebLinkAboutCity Council-Minutes-8/21/2001 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING AUGUST 21,2001 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on August 21, 2001, at 6:48 p. m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, 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, Records Manager Matt Denton, Community Center Manager Un Przybyl, Administrative Intern Cindy Martin, City Attorney Ross Foster, and City Secretary Cynthia Singleton were also present. Councilman Dennis Marlin was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.074- Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition - Fire Station Personnel - Consideration of Establishment and Appointment - Deputy City Manager Personnel - Consideration of Appointment of City Manager Sec. 551.071 - Sec. 551.072 - Sec. 551.074- 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 6:50 p.m., and reconvened at 7:41 p.m. CITY COUNCIL MINUTES AUGUST 21, 2001 The invocation was given by Pastor Kevin Lykins, of Pleasant Glade Baptist 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 Arp presented a Proclamation to Miss Erin Bredon, Miss Teen Colleyville. Mayor Arp presented a Proclamation to Mr. Chris Foy, owner of Goldie's Patio Grill, which will be the first restaurant to open in The Village at Colleyville. Mayor Arp presented a Proclamation and trophies to the Colleyville Reds baseball team who won First Place in the North Texas Springtown Invitational Little League Tournament. Mayor Arp thanked the coaches for their contribution, long hours, and for shaping our youth through sports. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-01-1825 Consent Items: a. Approval of minutes of the regular City Council meeting of August 8, 2001 b. Approval of minutes of the City Council Worksession held July 31,2001 c. Approval of minutes of the City Council Worksession held August 1, 2001 d. Approval of an Agreement with HLM Design, Inc., for design services for the Rehabilitation Master Plan for the Webb House at Bransford Park and authorizing the use of Colleyville Economic Development Corporation (CEDC) monies, in an amount not to exceed $29,400 e. Approval of an Agreement with Payton-Wright Ford to accept the sponsorship of a vehicle for the Colleyville Heritage High School Resource Officer f. Approval of City Manager appointment and establishing compensation and terms of employment g. Approval of the establishment and appointment of Deputy City Manager for the City of Colleyville, effective August 27, 2001, and establishing compensation 2 CITY COUNCIL MINUTES AUGUST 21, 2001 Mayor Arp opened the public hearing and read Resolution R-01-1825 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 stated there are exciting things taking place in the City, which include the Webb House renovation, the hiring of new City Manager Bill Lindley, and the promotion of Assistant City Manager Dianne McWethy to Deputy City Manager. Mayor Pro Tem Tigue moved to approve Resolution R-01-1825. Councilman Feldman seconded the motion. Mayor Arp thanked Interim City Manager Dianne McWethy for doing a fabulous job during the extensive search for City Manager and that the City is delighted to have Bill Lindley and Dianne McWethy serve as City Manager and Deputy City Manager, respectively. Councilman Rice stated that as the "new kid on block" J he relied heavily on staff to bring him up to speed and Dianne McWethy was wonderful in that role and has been very helpful. Councilman Feldman stated she has enjoyed working with Dianne McWethy. Councilman Hocutt commended Interim City Manager Dianne McWethy on the wonderful job she has done and welcomed Bill Lindley as City Manager. Mayor Arp commended department heads and staff for the work they do and the long hours they put in. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Bill Lindley thanked the Council and the management team for the confidence expressed in him and stated that the City of Colleyville is the best city to be City Manager in. PUBLIC HEARINGS: 4. SECOND 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 116 Glade Road, Blankenship Addition, Case Z-01-016 3 CITY COUNCIL MINUTES AUGUST 21, 2001 Mayor Arp 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 Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1292. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND 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 Arp opened the public hearing and read the caption of Ordinance 0-01-1293. Mr. Steve Knight, 3917 Felps Court and Mr. Rich Munson, 1905 Hall-Johnson Road, spoke in favor of the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Michael Nevares, 1216 Crestview Drive, applicant, requested that the Council table the item. Councilman Feldman moved to table Ordinance 0-01-1293. Councilman Rice seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1294- A Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales 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 4 CITY COUNCIL MINUTES AUGUST 21, 2001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1294. Mr. Steve Knight, 3917 Felps Court, Mr. Emad Mikhail, 4100 Bridlewood Court, Mr. Waguih Guirguis, 2325 Danielle Drive, Mr. Atef Henry, 500 Bridlewood Court, and Mr. Rich Munson, 1905 Hall-Johnson Road, spoke in opposition to the Ordinance. Mr. Ed Moore, 124 Timberline North, spoke in favor of the Ordinance. There were no others present wishing to speak and Mayor Arp closed the public hearing. Discussion ensued regarding types of sales tax generating businesses and traffic safety issues. Mr. Gregory Sowle, 1327 E. 71 st Street, Tulsa Oklahoma, applicant presented an overview of the convenience store plan and was present to answer questions of the Council. Staff reported that car washes are not taxable. Mr. Mark Adamchek, 1327 E. 71 st Street, Tulsa, Oklahoma, applicant, spoke regarding fuel prices, frequency of refueling convenience store gasoline tanks and was present to answer questions of the Council. Discussion ensued regarding frequency of refueling, potential Albertson's store closing, impact of fuel center on store sales, impact of Tom Thumb fuel center on Albertson's sales, and long term planning of limited retail space. Councilman Feldman moved to deny Ordinance 0-01-1294. Mayor Pro Tem Tigue seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. SECOND 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 Arp opened the public hearing and read the caption of Ordinance 0-01-1295. 5 CITY COUNCIL MINUTES AUGUST 21, 2001 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Staff reported that existing businesses would fall under the grandfather provision in the land development code. Councilman Feldman moved to approve Ordinance 0-01-1295. Councilman Hocutt seconded the motion. Councilman Feldman thanked Barry LeBaron, Keith Fisher and Clayton Husband and the Highway 26 Committee for upgrading codes and ordinances for Highway 26. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. SECOND 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 Arp opened the public hearing and read the caption of Ordinance 0-01-1296. 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 Ordinance 0-01-1296. Councilman Feldman seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion 9. SECOND 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1297. 6 CITY COUNCIL MINUTES AUGUST 21, 2001 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Rick Vaughn, TXU Area Manager, 1125 South Ball Street, Grapevine, Texas, gave an overview of service rates and reported that Colleyville will have a rate decrease. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1297. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-01-1826 - Approval of the recommendation of the Sign Board of Appeals for a variance from the Colleyville Sign Regulations requested by Village Management, Ltd., regarding development signs in the 4900 and 5100 block of Colleyville Boulevard, Case G- 01-013 Mayor Arp opened the public hearing and read Resolution R-01-1826 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding temporary and permanent signs, proximity of signs to roadway, whether the signs hamper visibility, and the 25-foot visibility triangle requirement. Councilman Feldman moved to approve Resolution R-01-1826 with the following amendment: Add a Number 5, Section 1., which states that this will be for the duration of one year and may be renewed. Councilman Rice seconded the motion. Mayor Pro Tem Tigue requested that staff review the sign ordinance. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7 CITY COUNCIL MINUTES AUGUST 21, 2001 11. READING AND PUBLIC HEARING - Resolution R-01-1827 - Proposal to set tax rate for FY 2002 at $.3474 per hundred dollars of valuation Mayor Arp opened the public hearing and read Resolution R-01-1827 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp stated that the tax rate has remained the same for three years and it is a result of home valuations increasing because our citizens take care of their homes and our business owners take care of their property. Councilman Feldman thanked the staff for their work on the budget. Mayor Pro Tem Tigue moved to approve Resolution R-01-1827. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-01-1828 - Appointing members to the Historical Preservation Committee Mayor Arp opened the public hearing and read Resolution R-01-1828 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-01-1828. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue stated that she is delighted that so many citizens are interested in preserving our history and serving on this committee. Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES AUGUST 21, 2001 TABLED ITEMS: 13. CONSIDERATION OF 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 Arp called for a ten minute break. Councilman Hocutt moved to remove this item from the table. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Councilman Hocutt moved to suspend the rules for the third public hearing and allow citizens to speak. Councilman Rice seconded the motion. Mayor opened the public hearing. Mr. Ralph D. LaRouere, 306 Oaklawn Drive, spoke in opposition to the CC2 zoning. Mr. Jeff Zimmerman, 6403 Champion Way, spoke in opposition to the proposed Ordinance and presented a petition to Council signed by 98 Remington Park homeowners withdrawing support of Mr. Raman Chandler's Westgate development. Mr. Richard Newton, 6107 Lansford Lane, Ms. Cherie Lopez, 309 Oaklawn Road, Mr. Rich Munson, 1905 Hall-Johnson Road, and Ms. Judy Helms, 408 Country Place, spoke in opposition to the proposed Ordinance. Mr. Bob Putnam, 315 Polo Trail, President of Remington Park Homeowners Association, spoke in opposition to the CC2 zoning and was present to answer questions of the Council. Mr. Randall K. Gardner, 511 Remington Court, spoke in opposition to the CC2 zoning. Mr. Jerry Cochran, 511 Mustang Court, spoke in opposition to CC2 zoning and the density of the development. 9 CITY COUNCIL MINUTES AUGUST 21, 2001 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Chuck Watson, 3528 Meadowside Drive, Bedford, Texas, representing the applicant, requested approval of PUD-R zoning for Westgate Villas. Mr. Richard Freeman, 8116 Sunscape Lane, representing the applicant, narrated a video of Raman Chandler developments. Mr. Raman Chandler, 7001 Lismore Court, applicant was present to answer questions of the Council. Discussion ensued regarding setback requirements, percentage of open space, detention ponds and the number of builders that would develop in Westgate Villas. Discussion ensued regarding past and current zoning of property, potential big box development on the property, primary and secondary retail development. Mayor Donna Arp read a statement regarding a August 1, 2001, meeting attended by Caldwell's Creek homeowners, Mayor Donna Arp, Interim City Manager Dianne McWethy, Interim Director of Public Services Keith Fisher and Mr. Raman Chandler. Discussion ensued regarding the Financial Impact Analysis, future potential ad valorem and sales taxes. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1286. Councilman Rice seconded the motion. Councilman Feldman moved to make a friendly amendment that it will be placed on the plat and on each parcel that is sold within the PUD-R that this is placed next to commercial and that land is subservient to commercial. Councilman Rice accepted the amendment. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES AUGUST 21,2001 STAFF REPORTS: 14. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 15. ZONING BOARD OF ADJUSTMENT MINUTES - June 12,2001 PARKS AND RECREATION ADVISORY BOARD MINUTES - July 9,2001 HISTORICAL PRESERVATION COMMITTEE MINUTES - July 10,2001 PLANNING AND ZONING COMMISSION MINUTES - July 23, 2001 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 21, 2001 - Reading and Public Hearing - Resolution R-01-1829 This Resolution was not needed. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the Council, Councilman Feldman moved to adjourn. Mayor Pro Tem Tigue seconded the motion. Ayes: Council persons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 12:04 a.m. 11 CITY COUNCIL MINUTES AUGUST 21, 2001 APPROVED THIS -9'M DAY OF ~, 2001, BY A VOTE OF ""7/' AYES, 0 NAYS, AND 0 ABSTENTIONS. Minutes taken and prepared by: 0~~ Cynthia Singleton, TRMC City Secretary 12