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HomeMy WebLinkAboutCity Council-Minutes-12/8/2001 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 18, 2001 5:00 P.M. - PRE-COUNCIL AGENDA The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 18, 2001, at 5:12 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton I and Mayor Pro Tem Tigue. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Community Development Manager, Interim Public Works Manager Kelly Howell, Administrative Assistant Cindy Martin, Financial Analyst Collin Booth, Economic Development Manager Mike Soab, and Records Manager Matt Denton. PC-1. Discussion of December 18, 2001, City Council Regular Agenda Items Item 7, Ordinance 0-01-1317 - Approval of an amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2000 Edition of the International Building Code with the local amendments recommended by the Regional Codes committee of the North Central Texas Council of Government, Case G-01-019 Discussion ensued regarding amendments to the proposed Ordinance. Item 6, Ordinance 0-01-1314 - Consideration of amendments to Chapter 9 of the Land Development Code regarding Perimeter Street Improvement Requirements, Case Z-01- 022 Discussion ensued regarding amendments to the proposed Ordinance and the formula for calculating perimeter street fees. -_.-,-------,-_.,~-_.... -'---'-,.-'--'_.'"'.'-~._.._-'_.- CITY COUNCIL MINUTES DECEMBER 18, 2001 Item 13, Resolution R-01-1879, Approval of AT&T Basic Cable Rates Deputy City Manager Dianne McWethy provided an overview of the rate schedule and the service level of AT&T cable service. PC-2. Discussion of City of Colleyville Annual Work Plan There was no discussion regarding this item. The meeting was adjourned at 5:56 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 18, 2001, at 7:41 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Public Services Director Keith Fisher, Community Development Manager Barry LeBaron, Project Manager Clayton Husband, Administrative Assistant Cindy Martin, Bob Younger, Building Official and Records Manager Matt Denton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Lease - 5100 Colleyville Boulevard Property Acquisition - Fire Station Property - Proposed Sale of Land - 5209 Colleyville Boulevard Property Acquisition - 1713 Glade Road Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Mayor Arp explained that the Executive Session had been called in accordance 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 7:41 p.m. 2 CITY COUNCIL MINUTES DECEMBER 18, 2001 The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Church, after which Ross Foster led the Pledge. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp stated that due to the holiday season and in consideration of persons attending the meeting, the Council would move item 9 to Item 6 and Item 12 to Item 7. Mayor Arp also informed the public that she would have to leave the meeting around 9:00 p.m. and Mayor Pro Tem Tigue would preside for the remainder of the meeting. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-01-1874 Consent Items: a. Approval of minutes of the regular City Council meeting of December 4, 2001 b. Approval of minutes of the City Council Worksession of December 6, 2001 c. Approval of Broker/Dealer Firms on an annual basis for investment purchases Mayor Arp opened the public hearing and read Resolution R-01-1874 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Richard Newton asked if the Resolution should include the names of the broker/dealer firms. The City Attorney stated that the resolution did not have to include the names of the broker/dealer firms. Mayor Pro Tem Tigue moved to approve Resolution R-01-1874. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 3 CITY COUNCIL MINUTES DECEMBER 18, 2001 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1314 - Consideration of amendments to Chapter 9 of the Land Development Code regarding Perimeter Street Improvement Requirements, Case Z-01-022 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1314. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue provided an overview of the Council's desires to address this issue. Discussion ensued regarding the history of the waiver of perimeter street fees, the loss of an estimated $1 million in revenues and the perimeter fees for a 350-foot lot based on 50% of the total, for a cost of $24,387. Mayor Pro Tem Tigue moved to approve Ordinance 0-01-1314. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tem Tigue Nays: Councilperson Newton Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1315 - A Zoning Change from AG to R40 (single family residential) requested by Donald C. Wilson on 1.4 acres located at 5102 Montclair Drive on the west side of the street, Case Z-O 1-026 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1315. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to approve Ordinance 0-01-1315. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 4 CITY COUNCIL MINUTES DECEMBER 18,2001 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1316 - Amendments to the Land Development Code regarding Special Use Permit requirements for land uses in CC2 Shopping Center zoning district requested by the City of Colleyville, Case Z-01-027 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1316. Mr. Bruce Jackson, 4408 Colleyville Boulevard, speaking on behalf of Colleyville Animal Clinic, requested an exemption from the CC2 for an SUP permit or removal of an SUP permit for a Veterinarian office with kennels. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to table Ordinance 0-01-1316, to provide an opportunity to notify CC2 property owners. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. City Manager Bill Lindley reviewed the process of notifying property owners of CC2 zoning and stated that Homeowners Association representatives would also be notified of this proposed change to the Land Development Code. Councilman Rice stated that this process exceeds the notification requirements. Mayor Pro Tem Tigue requested that staff review the proposed amendments to the Land Development Code regarding Special Use Permit requirements for land uses in CC2 Shopping Center zoning districts and reviewed current uses that require a SUP. Discussion ensued regarding SUP requirements for properties adjacent to residential neighborhoods and the impact of certain businesses on residential neighborhoods. City Attorney Ross Foster stated that an SUP zoned property maintains the same zoning if the property is sold. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1317 - Approval of an amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2000 Edition of the International Building Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Government, Case G-01-019 5 , ---~-----.--._--..----~.----,..T""...-.-.-.------.. CITY COUNCIL MINUTES DECEMBER 18, 2001 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1317. 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 0-01-1317, as amended to include the following: R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes shall be a minimum Class C. Exception: Non-classified roof coverings shall be permitted on building of U occupancies having not more than 120 sq. ft. of projected roof area. When exceeding 120 sq. ft. of projected roof area, buildings of U occupancies may use non-rated non-combustible coverings. Section R907.1; add a sentence to read as follows: All individual replacement shingles or shakes shall comply with Section R902.3. Councilman Rice seconded the motion. Staff reviewed the process for developing proposed amendments to Chapter 18 of the Colleyville Code of Ordinances and adoption of the 2000 Edition of the International Building Code. Discussion ensued regarding high-rise building height and sprinkler systems. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1318 - Providing for the taxation of leased motor vehicles pursuant to Texas Tax Code, Section 11.252 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1318. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding the impact of the ordinance on the City and the purpose of the taxation of leased motor vehicles. 6 ~- '''-.,~~..... ._~_.._.. ....-.. ..... ......, CITY COUNCIL MINUTES DECEMBER 18, 2001 Councilman Feldman moved to approve Ordinance 0-01-1318. Councilman Rice seconded the motion. Councilman Hocutt stated that passage of this ordinance reserves the city's right to impose this tax in the future. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: Newton Mayor Pro Tem Tigue declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1319 - A Zoning Change from R20 to PUD-R requested by Claire Edwards, on Lot 18, Block 3, Andy Felps Addition located on the northeast corner of Cheeksparger Road and Felps Drive, Case Z-01-029 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1319. Ms. Olivia Locker, 116 Cheek Sparger Road, Mr. Randy Knight, 4205 Felps Drive, Mr. Paul Dennie 200 Cheek Sparger Road, Ms. Peggy Dennie, 200 Cheek Sparger Road, Ms. Virginia Garrett, 128 Cheek Sparger Road, and Mr. Paul Fisher, 6828 Hadley spoke in favor the proposed ordinance. Mr. Steve Lundgren, 4002 Steeplechase Drive, Mr. Brian Dunn, 3809 Felps Drive, Ms. Marie Peters, 4000 Steeplechase Drive, Ms. Lorna Sills 412 Greenbriar Lane, Ms. Wanda Knight, 3917 Felps Court, Mr. Steven Knight, 3917 Felps Court, Mr. Tim Robert, 215 Cheek Sparger Road, Ms. Denise Robert, 215 Cheek Sparger Road, and Mr. Kurt Barrett, President and representative of Bridlewood Homeowers Association, 4102 Wellington Drive, spoke in opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Attorney Mike Newman, 2601 Airport Freeway, Suite 300, representing Claire Edwards provided an overview of the zoning request and related issues. Applicant Claire Edwards addressed the Council regarding this zoning request. Ms. Edwards also discussed plans for development of an Andy Felps Homeowners Association. Ms. Edwards read into the record a statement representing the Andy Felps Addition homeowners. 7 _,,_,.' "'_'~'_'_'_~"W_'H.,.~_.,._~"...^_~_~.~~. CITY COUNCIL MINUTES DECEMBER 18, 2001 Discussion ensued regarding the concerns presented by proponents and opponents of the proposed zoning case, including traffic, zoning, tree preservation, property restrictions related to the proposed use and the 25% rule related to business use and the residency requirement. Mayor Pro Tem Tigue moved to deny Ordinance 0-01-1319. Councilman Brad Rice seconded the motion. Councilman Newton requested that the applicant, Ms. Edwards, respond to the 53% for business use as provided under the proposed ordinance and asked Ms. Edwards if she would be able to comply with the 25% requirement. Ms. Edwards indicated current use is proposed for 36%. Councilman Newton asked if she could comply with the 25% requirement and Ms. Edwards stated that she would need at least 30%. Mayor Arp reminded the Council that a supermajority vote is required due to Planning and Zoning Commission's denial of the zoning request. City Attorney Ross Foster clarified that the sale of the property would not affect the zoning of this property. Staff clarified the regulations for home-based businesses: 1) no employee outside the home coming to the place of work: 2) no more than 25% of home used for business use; and 3) no traffic impact on the neighborhood. Barry LeBaron, Community Development Manager, clarified the process of handling a home-based business complaint and the definition of a home-based business. Discussion ensued regarding issues associated with rezoning such as the master plan, residency requirements, percentage of use, outside employees, number of Colleyville home-based businesses and potential domino impact on future properties. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion denied. 10. READING AND PUBLIC HEARING - Resolution R-01-1876 - Allowing the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1876 in its entirety. 8 ~-'--r--'-'-'------""'-" CITY COUNCIL MINUTES DECEMBER 18, 2001 There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Discussion ensued regarding requirements for accepting proposals from and award a bank depository contract to a Texas financial institution outside the City limits and included defining the proposal process. Councilman Hocutt moved to approve Resolution R-01-1876. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-01-1877 - Approval of Railroad Controls Limited to install railroad crossing warning devices at John McCain Road, Pleasant Run Road and Bransford Road Mayor Pro Tem Tigue opened the public hearing and read Resolution R-01-1877 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Tigue closed the public hearing. Mayor Pro Tem Tigue reviewed federal regulations and the installation of dual gates. Councilman Newton moved to approve Resolution R-01-1877. Councilman Feldman seconded the motion. Staff stated that dual gates at John McCain Road will be installed with the realignment of John McCain Road. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. This item was moved to Item 7. 9 --"----,----~-----~-----~----,-r_-,----------.,.. "-,..-.-- CITY COUNCIL MINUTES DECEMBER 18, 2001 12. READING AND PUBLIC HEARING - Resolution R-01-1878 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Arp opened the public hearing and read Resolution R-01-1878 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp opened the floor for nominations. Councilman Hocutt nominated Bill Mitchell for Place 2. There were no other nominations made. Mayor Arp declared that Bill Mitchell will serve in Place 2. Councilman Rice nominated James Messina for Place 4. Councilman Newton nominated Rich Hendler for Place 4. There were no other nominations made. James Messina - Councilpersons Rice, Feldman, Hocutt and Mayor Pro Tem Tigue Rich Hendler - Councilman Newton Mayor Arp declared that James Messina will serve in Place 4. Councilman Feldman nominated Meg Davis for Place 6. Councilman Newton nominated Rich Hendler for Place 6. There were no other nominations made. Meg Davis - Councilpersons Rice, Feldman, Hocutt and Mayor Pro Tem Tigue Rich Hendler - Councilman Newton Mayor Arp declared that Meg Davis will serve in Place 6. Councilman Newton nominated Karen Birkes for Place 8. Councilman Hocutt nominated Gil Turner for Place 8. There were no other nominations made. 10 "-----------"-""-r- CITY COUNCIL MINUTES DECEMBER 18, 2001 Gil Turner - Councilpersons Rice, Feldman, Hocutt and Mayor Pro Tem Tigue Karen Birkes - Councilman Newton Mayor Arp declared that Gil Turner will serve in Place 8. Councilman Feldman moved to approve Resolution R-01-1878. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-01-1879- Approval of AT & T Basic Cable Rates The Council passed on this item to provide an opportunity for staff to conduct additional research. This item was moved to Item 8. TABLED ITEMS: 14. CONSIDERATION OF ORDINANCE 0-01-1298 - Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst on 1.4 acres of land at the common city limit line and the end of Live Oak Drive, Case G-01-014 Mayor Pro Tem Tigue opened the public hearing and read the caption of Ordinance 0- 01-1298. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Feldman moved to remove Ordinance 0-01-1298 from the Table. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. 11 ._.,,----'~--'~-----~---' CITY COUNCIL MINUTES DECEMBER 18, 2001 Mr. Brad Scott, applicant, was present to answer questions of the Council. Councilman Rice moved to approve Ordinance 0-01-1298. Councilman Feldman seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the motion carried. STAFF REPORTS: 15. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS 16. LIBRARY BOARD MINUTES - November 8,2001 ZONING BOARD OF ADJUSTMENT MINUTES - November 13, 2001 PLANNING AND ZONING COMMISSION MINUTES - November 26, 2001 There was no action taken on this item. 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Linda Baker, 404 McDonwell School Road, spoke to the Council concerning comments in the newspaper alleging a conflict of interest regarding her application for the McPherson Park Master Plan Committee. Ms. Baker stated that she did not have a conflict of interest. Councilman Newton stated that he confirmed with City Attorney Ross Foster that there was no conflict of interest. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 18, 2001 - Reading and Public Hearing - Resolution R-01-1880 This item was not needed. 12 CITY COUNCIL MINUTES DECEMBER 18, 2001 ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 11: 1 0 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2002 BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Dianne McWethy Deputy City Manager 13 ---r- .