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HomeMy WebLinkAboutCity Council-Minutes-12/19/2000 MINUTES OF THE CITY COUNCIL MEETING DECEMBER 19, 2000 Interviews of Parks and Recreation Advisory Board applicants were conducted beginning at 5:45 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on December 19, 2000 at 6:47 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Interim City Manager Dianne McWethy, Public Services Director Bob Whitehead, Community Development Manager Barry LeBaron, Economic Development Manager Mike Soab, Police Chief John Young, Fire Chief Mike Johnston, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Project Manager Keith Fisher, Marketing Specialist, Dixie Cawthorne, City Attorney Ross Foster, and City Secretary Cynthia Singleton Councilman Dennis Marlin was absent. 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. 551.072 - Sec. 551.072 - Sec. 551.074- Sec. 551.074 - Consultation with Attorney Property Acquisition - 5209 Colleyville Boulevard Property Acquisition - 5100 Colleyville Boulevard 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 - Planning and Zoning Commission related to compliance with Open Meetings Act CITY COUNCIL MINUTES DECEMBER 19, 2000 Sec. 551.074 - 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. Mayor Arp explained that the Executive Session had been called in accordance with the 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 8:00 p.m. The invocation was given by Pastor Brooks Higginbotham, Colleyville Presbyterian 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 announced that City Secretary Cynthia Singleton graduated from the Texas Municipal Clerks Certification Program and will receive formal recognition of her accomplishments on January 18, 2001, at the Texas Municipal Election Law Seminar in Austin. Mayor Arp presented a Key to the City to Bob Whitehead, Public Services Director, who plans to retire effective December 31, 2000. During his tenure as the Public Services Director, he has been responsible for the Engineering, Community Development, Building Inspection and Public Works Departments of the City. Councilman Taylor commended Interim City Manager Dianne McWethy and staff for hosting the employee holiday luncheon. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1738 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 5, 2000 b. Approval of the City Council and Library Advisory Committee Joint Worksession minutes held December 6,2000 2 CITY COUNCIL MINUTES DECEMBER 19, 2000 c. Approval of the exchange of City owned land, Lot 42, in the Village at Colleyville for Lot 14 in the Village at Colleyville and authorizing the Mayor to sign the documents supporting the transaction d. Approval of a request by Larry Cole to grant a waiver of the perimeter street improvement requirements on Lots 1 and 2, Block 1, Remington Park Addition Phase 3A located at 308 Van Oaks Drive e. Approval of broker/dealer firms on an annual basis for investment purchases f. Approval of a bid award to Rodriguez Consulting, Inc., in the amount of $17,475 to conduct a Retiree Health Benefit Study g. Approval of Historical City Marker Applications for the Bransford Flag Stop Depot and Dr. and Mrs. Lilburn H. Colley home site Mayor Arp opened the public hearing and read Resolution R-00-1738 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-00-1738 with the exception of Item c. Mayor Pro Tem Tigue seconded the motion. Ayes: Council persons Short, Taylor, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND 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. Rich Munson, 1905 Hall-Johnson Road and Ms. Ruth Heidel, 1712 Gatehouse Court, spoke in opposition to the proposed Ordinance. Mr. Jim Moore, 1416 Glade Road spoke in favor of the proposed Ordinance. 3 CITY COUNCIL MINUTES DECEMBER 19, 2000 Mr. David Bagwell, 8222 Douglas Avenue, Suite 770, Dallas, Texas, applicant, was present to answer questions of the Council. Discussion ensued regarding drainage, detention facilities, thickness of streets, cul-de- sacs, green space, future fire station location, traffic egress and compliance with City ordinances. Discussion ensued regarding whether applicant would like Council to take action on this item or to table the item. Attorney Ross Foster defined super majority as three fourths of council members sitting and voting. Mr. Bagwell asked that the item be tabled. There were no others present wishing to speak and Mayor Arp closed the public hearing. Staff summarized the variances to the City of Colleyville Land Development Code requested by Mr. Bagwell. Councilman Taylor moved to table Ordinance 0-00-1257. Councilman Short seconded the motion. Councilman Short commended staff and developers for working together on this project. Ayes: Councilpersons Short, Taylor, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND 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. There was no one present wishing to speak and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1258. 4 CITY COUNCIL MINUTES DECEMBER 19, 2000 Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND 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. Mayor Pro Tem Tigue moved to approve Ordinance 0-00-1259. Councilman Feldman seconded the motion. Ayes: Council persons, Short, Taylor, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. SECOND 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. Ruth Heidel, 1712 Gatehouse Court, asked if there would be a north exit to the development out of the cemetery onto the southern portion of Wyatt Drive. Staff responded there would no traffic onto Wyatt Drive. Mr. Rich Munson, 1905 Hall-Johnson Road, asked if the road would be abandoned once it is closed and if it is abandoned, stated it would be helpful to the adjacent property owners if the City would clarify or assist them in acquiring the land. There were no others wishing to speak and Mayor Arp closed the public hearing. 5 CITY COUNCIL MINUTES DECEMBER 19, 2000 Discussion ensued regarding reasons staff recommended retaining Wyatt Drive on Master Thoroughfare Plan. Staff stated Wyatt Drive includes the only industrial area and provides additional access for emergency vehicles. Councilman Feldman moved to deny Ordinance 0-00-1260. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. SECOND 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. There was no one wishing to speak and Mayor Arp closed the public hearing. Mayor Arp and Mayor Pro Tem Tigue commended developers and staff for meeting to discuss items proposed in this Ordinance. Councilman Feldman moved to approve Ordinance 0-00-1261. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding length of cul-de-sacs. Ayes: Councilpersons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1262 - Zoning Change requested by H. Darryl Heath, from R40 to R30 on 0.7999 acres located at 305 White Drive, Case Z-00-084 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1262. 6 CITY COUNCIL MINUTES DECEMBER 19, 2000 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1263 - Zoning Change requested by Bailey Draper Custom Homes, Inc., from AG to R20 on 5.006 acres located at 7210 John McCain Road, Case Z-00-085 Mayor Arp opened the public hearing and read the caption of 0-00-1263. Mr. Bryan Klein, 1361 W. Euless Boulevard, Suite 99, Euless, representing the applicant, was present to answer questions. Mr. Bailey Draper, 7725 Amy Lane, North Richland Hills, applicant, presented an overview of the plan for the property and answered questions. There were no others wishing to speak and Mayor Arp closed the public hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-00-1264 - Amending Ordinance 0-92-880 setting fees and charges for City services and facilities to provide for a deposit and rental fee structure for the Community Center Garden Plaza and Ballastrada Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1264. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue stated these conditions were drafted by a sub-committee of the Community Center Advisory Committee and presented to the Community Center Advisory Committee for their approval and recommendation to the City Council. Mayor Pro Tem Tigue further stated the proposed Ordinance would allow the City to maintain control of the Community Center facilities. 12. READING AND PUBLIC HEARING - Resolution R-00-1739 - Approving a preliminary plat for Timarron Village H - Phase 3 requested by Chad Kimbell and Rob Adams, Adams Consulting Engineers, Inc., 16.9 acres located at the east of Timarron Golf Course with access from Byron Nelson Parkway, Southlake, Texas, Case P-00-083 Mayor Arp opened the public hearing and read Resolution R-00-1739 in its entirety. 7 CITY COUNCIL MINUTES DECEMBER 19, 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-00-1739. Mayor Pro Tern Tigue seconded the motion. Ayes: Council persons Short, Taylor, Feldman and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-00-1740 - Approval of a construction contract with CMPA, Inc., for the Colleyville Justice Center in the amount of $5,564,000 Mayor Arp opened the public hearing and read Resolution R-00-1740 in its entirety. 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-00-1740. Councilman Feldman seconded the motion. Mayor Pro Tem Tigue stated Council is looking forward to the completion of the Colleyville Justice Center and Mayor Arp stated she appreciates the citizens approving the Crime Tax dollars, which fund the Justice Center building. Ayes: Council persons, Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-00-1741 - Approval to terminate the Architectural Design Services contract with F&S Partners for the Colleyville Public Library Mayor Arp opened the public hearing and read Resolution R-00-1741 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 8 CITY COUNCIL MINUTES DECEMBER 19, 2000 Counci I man Feldman moved to approve Resolution R -00-17 41 . Mayor Pro Tem Tigue seconded the motion Mr. Hal Sargent of Brinkley Sargent Architects stated the City Hall and library project will be directed by Brinkley Sargent Architects to maintain consistency and provide cost savings. Ayes: Council persons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-00-1742 - Approval of a contract for Architectural Design Services with Brinkley Sargent Architects for the Colleyville Public Library in the amount of $453,600 Mayor Arp opened the public hearing and read Resolution R-00-1742 in its entirety. 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-QQ-1742. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding cost savings resulting from coordination of design and construction of city hall and library projects. Ayes: Council persons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-QQ-1743 - Approval to reappoint members to the Tax Increment Financing District (TIF) Board of Directors Mayor Arp opened the public hearing and read Resolution R-QQ-1743 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 9 CITY COUNCIL MINUTES DECEMBER 19, 2000 Councilman Taylor moved to approve Resolution R-00-1743. Councilman Feldman seconded the motion. Ayes: Council persons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-00-1744 - Approval to change the first regular City Council meeting of January 2, 2001 to January 3, 2001 Mayor Arp opened the public hearing and read Resolution R-00-1744 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-00-1744. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 18. CONSIDERATION OF ORDINANCE 0-001255 - 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-OO-070 Councilman Taylor moved to remove Ordinance 0-00-1255 from the table. Councilman Short seconded the motion. Ayes: Council persons Short and Taylor Nays: Mayor Pro Tem Tigue and Councilman Feldman Mayor Arp voted in the affirmative and broke the tie. Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES DECEMBER 19, 2000 Mr. Kipp Whitman, 3402 Crossgate Circle South, applicant, was present to answer questions. Mayor Pro Tem Tigue moved to approve Ordinance 0-00-1255 with modifications to eliminate Items band c Councilman Feldman seconded the motion. Discussion ensued regarding the amount of sales tax revenue generated by various businesses. Ayes: Councilpersons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. STAFF REPORTS: 19. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 20. HISTORICAL PRESERVATION COMMITTEE MINUTES - October 10, 2000 and November 14, 2000 PLANNING AND ZONING COMMISSION MINUTES - November 27, 2000 COMMUNITY CENTER ADVISORY COMMITTEE MINUTES - November 6, 2000 and December 4, 2000 CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 19, 2000- Reading and Public Hearing - Resolution R-00-1745 Mayor Arp opened the public hearing and read Resolution R-00-1745, the ending Resolution in its entirety for Consent Agenda Item c. 11 CITY COUNCIL MINUTES DECEMBER 19, 2000 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-00-1745. Mayor Pro Tem Tigue seconded the motion. Richard Myers was present to answer questions. Mayor Arp thanked Mr. Myers for the donation of land for the city hall and library. Ayes: Council persons Short, Taylor, Feldman and Mayor Pro Tem Tigue Nays: None Mayor declared the motion carried. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Mayor Pro Tem Tigue seconded the motion. Ayes: Council persons Short, Taylor, Feldman, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 11 :03 p.m. APPROVED THIS /9'1. DAY OF ~.vmku ,2001, BY A VOTE OF ;L AYES, 0 NAYS, AND 0 ABs=PENTIONS. Minutes taken and prepared by: ~~<L~~ Cynthia Singleton, TRMC City Secretary 12