HomeMy WebLinkAboutCity Council-Minutes-12/4/2001
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
December 4, 2001
5:30 P.M. - PRE-COUNCIL AGENDA
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Donna Arp on December 4, 2001, at 5:35 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, Fire Chief
Mike Johnston, Community Development Manager Barry LeBaron,
Project Manager Clayton Husband, Interim Public Works Manager
Kelly Howell, Administrative Assistant Cindy Martin, Financial
Analyst Collin Booth, Economic Development Manager Mike Soab,
Records Manager Matt Denton, and City Secretary Cynthia
Singleton were also present.
PC-1. Discussion of December 4, 2001, City Council Regular Agenda Items
Item 3b, Resolution R-01-1869 - Approval of a contract with Corporate Express for the
purchase of supplies through Tarrant County Cooperative Purchasing program.
Discussion ensued regarding the office supply discount rate.
Item 4, Ordinance 0-01-1314 - Consideration of amendments to Chapter 9 of the Land
Development Code regarding Perimeter Street Improvement Requirements.
Staff provided an overview of the City's perimeter street fee policy. Discussion ensued
regarding the total amount of fees waived and percentage versus flat rate fees.
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
Item 6, 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
Discussion ensued regarding public notice and Council requested that staff notify
affected property and business owners.
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
Discussion ensued regarding Section 902.3, Minimum Roof Class and the effect it
would have on current and future roof requirements.
Item 10, Resolution R-01-1870 - Approval of Brinkley Sargent Architects Professional
Service Supplement for $64,635, in additional service fees for the Colleyville City Hall
and Library Projects
Discussion ensued regarding contract dates and Hal Sargent of Brinkley Sargent
provided an overview of project costs.
PC-2. Discussion of City of Colleyville Annual Work Plan
There was no discussion on this item.
PC-3. Discussion of a proposed Resolution of the City of Colleyville adopting a policy
for Economic Development Incentives
There was no discussion on this item.
PC-4. Discussion of Community Special Event Signs
City Manager Bill Lindley provided an overview of the current sign policy and proposed
changes.
PC-5. City Manager and Staff Reports
There was no discussion on this item.
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
No formal action was taken by the City Council at this worksession of the City Council.
Mayor Arp adjourned the meeting at 6:48 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on December 4,2001, at 6:50 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, 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, Fire Chief Mike
Johnston, Community Development Manager Barry LeBaron,
Project Manager Clayton Husband, Interim Public Works Manager
Kelly Howell, Parks and Recreation Manager Monica Walsh,
Administrative Assistant Cindy Martin, Records Manager Matt
Denton, City Attorney Ross Foster, and City Secretary Cynthia
Singleton were also present.
Councilman Dana Feldman arrived at 6:53.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.072 -
Sec. 551.072 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
Sec. 551.071 -
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 7:40 p.m.
The invocation was given by Mayor Donna Arp, after which Ross Foster led the Pledge
of Allegiance.
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp announced that a worksession is held prior to the Council meeting and the
public is welcome to attend.
Mayor Arp announced that she, Councilmember Dana Feldman, Mayor Pro Tem Ginny
Tigue and City Manager Bill Lindley attended the Texas Municipal League Annual
Conference November 28-30,200, in Houston, Texas.
Councilman Rice represented the City during the inaugural ride of the Trinity Rail
Express from downtown Fort Worth to Irving and he invited citizens to take advantage of
this service.
City Manager Bill Lindley reported that the sales tax receipts for the Crime Control
District are lower than the overall city sales tax and the economic development sales tax
because not all goods and services applicable for sales tax are applied to the Crime
Control District.
Councilman Rice announced that the Mayor and Council attended the Mayors' Council
Banquet and Mayor Arp was elected Chairman of the Mayor's Council of Tarrant
County.
Mayor Arp presented Proclamations to Eagle Scouts, Robert Clyde Vaughan, Ryan
Wayne Vaughan and Christopher Warren Robertson.
Mayor Arp presented Proclamations to Olympic Torchbearer's Susan Tucker and
Thomas Anderson.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1869 Consent Items:
a. Approval of minutes of the regular City Council meeting of November 27,
2001
b. Approval of the vacation and abandonment of a public utility easement on
Lot 2B, Block 4, Rustic Oaks Addition, 5513 Rustic Trail, requested by
Bobby Sellars, Case G-O 1-021
c. Approval of a contract with Corporate Express for the purchase of office
supplies through Tarrant County Cooperative Purchasing Program
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
d. Approval of rescheduling the first regular City Council meeting of January
1, 2002 to January 8, 2002
Mayor Arp opened the public hearing and read Resolution R-01-1869 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro T em Tigue moved to approve Resolution R-O 1-1869 as amended.
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. FIRST 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.
Staff provided an overview of the perimeter street fee process and basis for waiving
fees. It was requested that staff review the policy and the amount of fees that have
been waived.
Discussion ensued regarding revising the perimeter street fee policy and Council
requested that staff provide additional information on the larger lot versus smaller lot
incentive and identify areas in the City that would be affected.
5. FIRST 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-01-026
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1315.
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
6. FIRST 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 Arp opened the public hearing and read the caption of Ordinance 0-01-1316.
Mr. Mark Howe, 5100 Carisbrooke Court, spoke against the proposed Ordinance and
the process for making these changes.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
On the basis that Councilman Newton serves as the Chairman of the Deacons at the
First Assembly of God Church of Colleyville located at 4309 Colleyville Boulevard and
the church owns property zoned CC2, he requested an opinion of City Attorney Ross
Foster regarding any potential conflict of interest. Upon review of this matter, City
Attorney Ross Foster stated there was no conflict of interest.
City Manager Bill Lindley stated the City was not required to notify property owners
because this was just a technical modification within the existing zoning ordinance and
not a change of zoning uses category of the property.
Council requested that staff send notification to property owners within the CC2
category and to adjoining property owners within 200 feet.
Mayor Pro Tem Tigue requested that food catering be exempt from obtaining a special
use permit.
Council requested that the public notification include specific uses, dates of public
meetings, land use table and the proposed ordinance.
7. FIRST 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
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1317.
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Staff provided a history of the International Building Code.
Council requested that staff review the Code to determine if there are any practices that
the City has adopted by ordinance or practice that differ from the proposed
amendments and if any of the practices utilized are not in the code and should be
included.
8. FIRST 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 Arp 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 Arp closed
the public hearing.
Legislative action requires that an entity enact an ordinance by January 1, 2002, in
order to provide a tax on personal lease vehicles.
9. FIRST 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.
Mr. Brian Dunn, 3809 Felps Court, Mr. Timothy Roberts, 215 Cheek Sparger Road, Ms.
Wanda Knight, 3917 Felps Court and Mr. Steve Knight 3917 Felps Court, spoke in
opposition to the proposed Ordinance.
Ms. Virginia Garrett, 128 Cheek Sparger Road, Ms. Olivia Locker, 116 Cheek Sparger
Road, Ms. Pat Block, 6565 Ridglea, Watauga, Texas, Ms.Kathy Hodge, 705 Spring
Lake, Mr. Ed Burns, 120 Cheek Sparger Road and Mr. Randy Knight, 4205 Felps Drive,
spoke in favor of the proposed Ordinance.
There were no others present wishing to speak and Mayor Arp closed the public
hearing.
Ms. Claire Edwards, 210 Cheek Sparger Road, applicant, was present to answer
questions.
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CITY COUNCIL MINUTES
DECEMBER 4,2001
Mr. Michael Newman, 2601 Airport Freeway, Fort Worth, Texas, representing the
applicant, provided a history of the property and zoning and was present to answer
questions.
Discussion ensued regarding potential uses of property, zoning, and percentage of
space used for business and location of homestead.
10. READING AND PUBLIC HEARING - Resolution R-01-1870 - Approval of
Brinkley Sargent Architects Professional Service Supplement for $64,635, in
additional service fees for the Colleyville City Hall and Library Projects
Mayor Arp opened the public hearing and read Resolution R-01-1870 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Hal Sargent of Brinkley Sargent Architects reviewed the amendments to the
supplemental contracts.
Mayor Pro Tem Tigue moved to approve Resolution R-01-1870.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue
Nays: None
11. READING AND PUBLIC HEARING - Resolution R-01-1871 - Establishing the
SH26 Advisory Committee
Mayor Arp opened the public hearing and read Resolution R-01-1871 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 moved to approve Resolution R-01-1871 and in Section 5 name
Councilman Feldman as the Council liaison to the SH26 Advisory Committee.
Councilman Rice seconded the motion.
Discussion ensued regarding deliverables, expectations of committee, reason for
establishing the committee, parameters of design phase, and right-of-way acquisition.
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
Staff reported that the design phase is two years and the committee will serve as an
advisory committee to the Council and will be consulted on landscaping, median
openings, shared parking, lighting and drainage.
Council requested that the Resolution be amended to read that the SH26 Advisory
Committee will serve in an advisory role to City Council.
Staff reported that TxDOT recommended that the Committee consist of eight (8) to ten
(10) members and membership would include property and business owners, current
SH26 (Colleyville Boulevard) Corridor Design Task Force members and citizens-at-
large.
Staff also reported that TxDOT and Teague, Nail and Perkins requested that the
committee members be appointed at the January 8, 2002, Council meeting so that
members will be prepared to attend the first public meeting in February 2002.
Councilman Richard Newton moved to amend Section 1 to state that the SH26 Advisory
Committee will serve in an advisory role to City Council.
Councilman Feldman seconded the motion.
Councilman Newton requested that Council follow the Rules and Procedures for
appointing committee members and to be more formal in living up to the application
deadline.
Deputy City Manager Dianne McWethy clarified that the SH26 Advisory Committee will
serve in an advisory role to TxDot and Teague, Nail and Perkins and staff will provide
Council with information.
Councilman Newton withdrew the motion.
Councilman Feldman withdrew the second.
Mayor Pro Tem Tigue moved to approve Resolution R-01-1871, and amend Section 1
after advisory role to add, "to the City Council, TxDOT and Teague, Nail and Perkins"
and in Section 5, name Councilman Feldman as the City Council liaison.
Councilman Rice seconded the motion.
Discussion ensued regarding methods of input and notification of SH26 progress.
Council requested that staff provide clarification of the role and relationship between
TxDOT, SH26 Advisory Committee and City Council.
Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue
Nays: None
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CITY COUNCIL MINUTES
DECEMBER 4,2001
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-01-1872 - Approval of the
waiver of water and sewer impact fees for a grocery store anchor located in the
Town Center Colleyville Addition
Mayor Arp opened the public hearing and read Resolution R-01-1872 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Arp requested that Section 1, Number 1, be amended to "include, "at least" prior
to 25% of the total square footage of the store to food preparation and in-store dining
areas.
Discussion ensued regarding total taxable sales and waiver of parkland dedication fees.
Councilman Hocutt moved to approve Resolution R-01-1872, as amended.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Hocutt, Feldman, Newton and Mayor Pro Tem Tigue
Nays: Councilperson Rice
Mayor Arp declared the motion carried.
REPORTS
13. PLANNING AND ZONING COMMISSION MINUTES - November 12, 2001
There was no action taken on this item.
14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one wishing to speak on this item.
ACTION/RESOLUTION:
15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 4, 2001 -
Reading and Public Hearing - Resolution R-01-1873
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CITY COUNCIL MINUTES
DECEMBER 4, 2001
This Resolution was not needed.
ADJOURNMENT:
16. ADJOURNMENT
There being no further business before the City Council, Councilman Feldman moved to
adjourn.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice Feldman, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 12:01 a.m.
A~VE~y~~,IS ~8~A~~YA~6 '1~~~TI~~~: BY A VOTE OF
Minutes taken and prepared by
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