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Home My WebLink AboutCity Council-Minutes-12/5/2000 MINUTES OF THE CITY COUNCIL MEETING DECEMBER 5, 2000 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 5, 2000, at 6:50 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Interim City Manager Dianne McWethy, Interim Assistant City Manager Curtis Hawk, Public Services Director Bob Whitehead, Projects Manager Keith Fisher, Development Coordinator Clayton Husband, Economic Development Manager Mike Soab, Fire Chief Mike Johnston, Public Works Manager Randy Brown, Marketing Specialist Dixie Cawthorne, City Attorney Ross Foster, and City Secretary Cynthia Singleton 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. 551.072 - Sec. 551.074- Sec. 551.074- Consultation with Attorney Property Acquisition - Colleyville Boulevard/Smith Tract Property Acquisition - Village at Colleyville Property Acquisition - Colleyville City Hall Property Acquisition - Colleyville Public Library Personnel - City Manager Executive Search 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. CITY COUNCIL MINUTES DECEMBER 5, 2000 Mayor Arp explained that the Executive Session had been called in accordance with Texas Government Code 551, Subchapter D, Section 551.071 - Consultation with Attorney, 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 7:50 p.m. The invocation was given by Reverend David Jung, Crown of Life Lutheran Church of Colleyville, 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 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1735 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 21, 2000 b. Approval of a City/Developer Agreement with D.R. Horton-Texas Ltd. for the Riverwalk at Colleyville c. Approval to enter into an Interlocal Agreement with Member Cities of NETCOM for consulting services provided by RCC for a combined Regional Communications Feasibility Study, in an amount not to exceed $15,000 d. Approval of a Lease Agreement between the City of Colleyville and the Village Management, LTD. for 5100 Colleyville Boulevard for the term of January 1,2001 through December 31,2001 Mayor Arp opened the public hearing and read Resolution R-00-1735 in its entirety. There was no one wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-OO-1735. Mayor Pro Tem Tigue seconded the motion. Ayes: Council persons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None 2 CITY COUNCIL MINUTES DECEMBER 5, 2000 Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1256 - Approval of an amendment to Ordinance 0-00-1231, amending Chapter 50, Article II, Flood Hazard Area Regulations, of the Colleyville Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1256. 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 0-00-1256. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1257 - Zoning Change requested by David Bagwell, from AG to PUD-R (planned unit development-residential on 54.93 acres located on a portion of Bluebonnet Hills on Hall-Johnson Road - Broughton, Case Z-00-064 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1257. Mr. Kirk Rogers, 2001 Reynolds, Mr. Mark Hollis, 7301 Cedar Court, Mr. Norman Gibson, 113 Timberline E, Ms. Ruth Heidel, 1712 Gatehouse Court, Mr. Dave Baucum, 6108 Highland Hills Lane, Mr. Albert C. Lujan, 1713 Gatehouse Court, Mr. Scott Jostes, 6300 Wyatt Drive, Mr. Rich Munson, 1905 Hall-Johnson Road, Ms. Marjorie Angers, 6104 Highland Hills Lane, and Ms. Cindy Wilson, 2406 Twelve Oaks Lane spoke in opposition to the Ordinance. Mr. David Richardson, 1445 Ross Avenue, #2300, Dallas, Texas, attorney representing Bluebonnet Hills Cemetery stated it is the resolve of Restland of Dallas to sell this property and answered questions of the Council. Mr. Randy Vest, 6500 Emerald Drive, Mr. C. L. Madden, 6112 Hunter Lane, Ms. Linda Baker, 404 McDonwel1 School Road, and Mr. Dave Glasscock, 1708 Gatehouse Court r- spoke in favor of the proposed Ordinance. 3 CITY COUNCIL MINUTES DECEMBER 5, 2000 Mr. Robin McCaffrey, 6023 Norway Road, Dallas and Mr. Tary Arterburn, 3100 McKinnon Avenue, Dallas representing Mesa Design were present to answer questions of the Council. Mr. Justin Stratton, 2703 Greenbriar Court, Grapevine representing Mr. David Bagwell, stated his research indicates the development would not impact school enrollment and answered questions of the Council. Mr. Dale Crane, 8222 Douglas Avenue, Dallas representing Mr. David Bagwell, spoke regarding buffers, looping streets, open space, off-site drainage improvements, and plastic drainage pipes. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding sale of property, possible litigation if zoning request is denied, looping street drainage, off-site drainage, street thickness, sidewalks, and radius of street to handle fire fighting equipment. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1258 - Zoning Change requested by Awad Eskander for Perry Mulubhoy, Atlantic Oil & Gas, Inc., to amend the PUD-C, 0-96-1053 and 0-99-1146, to allow a restaurant with a drive-through window on Lot 3, Atlantic Oil & Gas Addition located on the southeast corner of L.D. Lockett Road and Precinct Line Road, Case Z-00-073 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1258. Mr. Awad Eskander, 903 Red Cedar Drive, Coppell, applicant was present to answer questions of the Council. There was no one wishing to speak concerning this item and Mayor Arp closed the public hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1259 -Zoning Change requested by Kelye B. Stites, from R20 and R40 to R20 with a Special Use Permit for private horse stables for domestic use and an accessory building to be used as a barn on 2.4086 acres at 4501 Bowman Road, Case S-00-079 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1259. ~ There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 4 CITY COUNCIL MINUTES DECEMBER 5, 2000 Discussion ensued regarding probability of property being subdivided and it was stated that physical factors would prevent subdivision of the land. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1260 - Amending the Master Thoroughfare Plan by closing Wyatt Drive, Case G-00-016 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1260. Ms. Cindy Wilson, 2406 Twelve Oaks Lane and Mr. Scott Jostes, 6300 Wyatt Drive spoke in opposition to the proposed Ordinance. Mr. Kirk Rogers, 2001 Reynolds Drive and Ms. Ruth Heidel spoke in favor of the proposed ordinance. Mr. Ross Foster, City Attorney stated that the City would be required to obtain a release from all property owners abutting Wyatt Drive if the Ordinance was passed. Discussion ensued regarding city services to property owners. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1261 - An amendment to the Colleyville Land Development Code regarding cul-de-sac streets, roadway impact fee schedule, right-of-way widths, lot grading, city developer agreements, COG standards, location of loading spaces, fire hydrant spacing, single entry subdivisions, emergency access gates, review of plats, preliminary drainage guidelines, and non-conforming lots, Case Z-00-075 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1261. Mr. Kipp Whitman, 3402 Crossgate Circle South, requested the item be tabled. Mr. David Bagwell, 8222 Douglas Avenue, Suite 770, Dallas, Texas requested the item be tabled. Councilman Feldman suggested engineering staff meet with developers to discuss amendments to the Land Development Code. 10. READING AND PUBLIC HEARING - Resolution R-00-1736 - Approval to enter into an Agreement with the City of Grapevine for installation of security tags for City of Colleyville book collection for an amount not to exceed $13,550 with funding provided from the Voluntary Library Fund ~ Mayor Arp opened the public hearing and read Resolution R-00-1736 in its entirety. 5 CITY COUNCIL MINUTES DECEMBER 5, 2000 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-00-1736. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding alternatives to installing tags. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 11. CONSIDERATION OF ORDINANCE 0-00-1255 - Zoning Change requested by Doug Henderson representing Kipp Whitman, LaVaca Trail, LLC, from R40 to PUD-C (planned unit development-commercial) on 6.335 acres located at the southeast corner of Lavaca Trail and Precinct Line Road, Case Z-00-070 Councilman Short made a motion to remove this item from the table. Councilman Taylor seconded the motion. Ayes: Councilpersons Feldman, Short and Taylor Nays: Councilman Marlin and Mayor Pro Tem Tigue Mayor Arp declared the motion carried. Councilman Taylor made a motion to suspend rules to allow citizens to speak. Councilman Feldman seconded the motion. Ayes: Council persons Short, Taylor, Feldman, Mayor Pro Tem Tigue Nays: Councilman Marlin Mayor Arp declared the motion carried. Mr. Kipp Whitman, 3402 Crossgate Circle and Doug Henderson, 3602 Lake Champlain, applicants, were present to answer questions of the Council. Mayor Arp closed the public hearing. ----- Councilman Marlin moved to deny Ordinance 0-00-1255. 6 CITY COUNCIL MINUTES DECEMBER 5, 2000 The motion died for lack of a second. Discussion ensued regarding alternative uses for the property and reason for staff's recommendation to deny the Ordinance. Mayor Pro Tem Tigue made a motion to table this item. Councilman Taylor seconded the motion. Ayes: Councilpersons, Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: Councilman Marlin Mayor Arp declared the motion carried. STAFF REPORTS: 12. QUARTERLY INVESTMENT REPORT There was no action taken on this item. REPORTS: 13. PLANNING AND ZONING COMMISSION MINUTES - November 13,2000 ZONING BOARD OF ADJUSTMENTS MINUTES - November 14, 2000 PARKS AND RECREATION ADVISORY BOARD MINUTES - November 13, 2000 There was no action taken on this item. CITIZEN COMMENTS: 14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 5, 2000 - Reading and Public Hearing - Resolution R-00-1737 This Resolution was not needed. ,--- 7 CITY COUNCIL MINUTES DECEMBER 5, 2000 ADJOURNMENT: 16. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 11:10 p.m. APPROVED THIS S"'- DAY OF MtCVJntvu, 2000, BY A VOTE OF ...s- AYES, 0 NAYS t) ,AND 0 AB$fENTIONS. MCh~~~ Cynthia Singleton, TRMC City Secretary ~ 8