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HomeMy WebLinkAboutCity Council-Minutes-4/16/2002 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING APRIL 16, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Donna Arp on April 16, 2002, at 5:25 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, Interim Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Parks and Recreation Manager Monica Walsh, Finance Director Terry Leake, Administrative Assistant Cindy Martin and City Secretary Cynthia Singleton were also present. PC-i. Discussion and consideration of the Shadowood Homeowner's request for acceptance of streets City Attorney Ross Foster outlined the procedural steps for acceptance of the streets. Council requested that this item be placed on the City Council agenda for consideration upon completion of research regarding legal fees and maintenance costs associated with acceptance of the streets and taxing implications. PC-2. Discussion of March 1, 2002 TXU Gas Rate Case Mr. Rick Vaughn of OncorlTXU was present to answer questions of the Council and provide an overview of the process for establishing the rate increase. Financial Analyst Collin Boothe described the role of the rate case consultants and the process for negotiating the rate. CITY COUNCIL MINUTES APRIL 16, 2002 PC-3. Discussion of proposed amendments to sign regulations, Case G-02-008 Mayor Arp introduced Barbara Alsworth, Governmental Affairs Director of Northeast Tarrant County Association of Realtors. Mayor Arp announced a recess at 6:05 p.m. PC-4. Discussion of April 16, 2002, City Council regular agenda items There was no discussion on this item. The regular meeting of the Colleyville City Council was called to order by Mayor Arp on April 16, 2002, at 6:55 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Dana Feldman, Richard Newton and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Interim Director of Public Services Keith Fisher, Community Development Manager Barry LeBaron, Fire Chief Mike Johnston, Parks and Recreation Manager Monica Walsh, Administrative Assistant Cindy Martin, Financial Analyst Collin Boothe, 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 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Pending Litigation - Belknap Legal - Pending Litigation - Rischon Development Corporation Sec. 551.071 - Sec. 551.071 - Mayor Arp explained that the Executive Session had been called in accordance 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 6:57 p.m. and reconvened at 7:33 p.m. 2 CITY COUNCIL MINUTES APRIL 16, 2002 The invocation was given by Ms. Ann Foster of Colleyville Christian Fellowship, 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 Scout Master Ed McKnight introduced Boy Scouts from Troop 28. Mayor Arp presented a Proclamation to Alliance for Children representatives Dorotha Tilley and Randy Odom, in recognition of Child Abuse Prevention month. Mayor Arp presented a Proclamation to Students and Volunteer Efforts (S.A.V.E.) representatives Mary Bandeau and Estelle Teague, in recognition of Child Abuse Prevention month. Mayor Arp presented a Proclamation to Pat Jones, Metropolitan United Way City of Colleyville Volunteer of the Year and announced that Ms. Jones will be honored May 16, at the Worthington Hotel in Fort Worth. Councilman Joe Hocutt invited everyone to attend the Friends of Library fundraiser, Who Wants To Be A Millionaire, April 23 at 11 :00 a.m. at the Colleyville Community Center. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-1940 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 2, 2002 b. Approval of Pledge Agreement with the Federal Reserve Bank for bank depository account collateral c. Approval of an Agreement with Charles Behrens regarding the zoning and platting of property located at 1713 Glade Road d. Approval of the City Manager's recommendation of Keith Fisher as Director of Public Works effective April 17, 2002 Mayor Arp opened the public hearing and read Resolution R-02-1940 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 3 CITY COUNCIL MINUTES APRIL 16, 2002 Mayor Pro Tem Tigue moved to approve Resolution R-02-1940. Councilman Feldman seconded the motion. City Secretary Cynthia Singleton proposed an amendment to the April 2, 2002, City Council meeting minutes, page 5, Item 8 as follows: Ms. Dee Barker, 2200 Oak Knoll Drive, spoke in favor of the proposed resolution and stated that the Webb House, upon restoration, is eligible to be considered in the National Registry of Historic Places. Councilpersons Tigue and Feldman accepted the amendment. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. City Manager Bill Lindley congratulated Keith Fisher on his promotion to Director of Public Works. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1335 - Special Use Permit to allow an office showroom, warehouse and distribution, contractor's office and light manufacturing in the ML District, requested by Dwayne Young, Lot 8R, Colleyville Industrial Park located at 1900-1904 Industrial Boulevard, Case Z-02-007 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1335. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding potential hazardous materials and the requirement for a building permit or certificate of occupancy within one year of issuance of a Special Use Permit. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1335. Councilman Newton seconded the motion. Councilman Hocutt made a friendly amendment to add the following to the Ordinance: The Special Use Permit shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. 4 CITY COUNCIL MINUTES APRIL 16, 2002 Councilman Feldman seconded the amendment. Councilpersons Tigue and Newton accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Arp reviewed the compromised settlement between the Grapevine Colleyville Independent School District and the City, which established a quarterly meeting between City representatives and School District representatives. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1336 - Amendments to the Colleyville Land Development Code regarding mutual access easements, Case Z-02-009 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1336. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the safety aspects of mutual access easements and dimensions. Councilman Feldman moved to approve Ordinance 0-02-1336. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1337 - Approval of Amendments to the PUD-C (0-99-1131) for The Village at Colleyville, requested by Richard Myers, Realty Capital Corporation, Case Z-02-01 0 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1337. Mr. Tommy Cunningham, 7205 Waldon Court, spoke in favor of the proposed ordinance and the benefits of allowing encroachment. 5 CITY COUNCIL MINUTES APRIL 16, 2002 Mr. Burk Collins, 1312 John McCain Road, spoke in opposition to the proposed ordinance and regarding the future development of Colleyville. Ms. Dee McNosky, 5108 Pleasant Run, Chairperson of the Zoning Board of Adjustment, spoke regarding a comprehensive ordinance for the overall design of The Village at Colleyville for consistency in development and proposed that the requests not be subject to a Zoning Board of Adjustment review. Ms. Linda Baker, 404 West McDonwell School Road, 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. Mr. Richard Myers, applicant, spoke regarding the proposed amendments and was present to answer questions of the Council. Discussion ensued regarding parking spaces, public and private open space, outdoor seating, regulating alcohol sales and hours of operation. Council requested that staff provide a comparison of open space areas in The Village and Southlake Town Square, excluding streets, with a separate category for sidewalks; measures restaurants are required to implement to prevent alcohol from leaving the premise and the enforcement of same, street widths and a provision be added to the ordinance that would require dumpsters to be covered. Discussion continued regarding blanket Special Use Permits, ADA requirements, utility easements, pavement width requirements, street width requirements, drainage and dumpster covers, value of The Village at Colleyville, and percentage of residential development in The Village at Colleyville. Council requested that staff review the ordinance with the developer and identify the key components of the proposed ordinance changes. Mayor Arp called for a recess at 10:25 p.m. and the meeting reconvened at 10:38 p.m. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1338 - Approval of a Special Use Permit for an accessory building, requested by Howard Holt for Pat and Ed Wadley on Lot 1 R, Block 1, Skipper's Estate located at 5200 Bill's Lane, Case Z-02-011 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1338. 6 CITY COUNCIL MINUTES APRIL 16, 2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Ed Wadley, 5200 Bill's Lane, applicant, was present to answer questions of the Council. Discussion ensued regarding current and future use of the accessory building and the location of a fire hydrant. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1339 - Approval of Amendments to Ordinance 0-98-1108 relative to use of park athletic facilities Council considered this item in the Number 4 position. Mayor Pro Tem Tigue proposed that Council pass on this item to allow the Game Use Facility Committee to review Ordinance 0-02-1339, obtain additional information and make a recommendation. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1339. Mr. Keith Staudt, 7208 Belle Meade, spoke in favor of the proposed ordinance and regarding the safety of the children as they practice on the practice fields. Mr. Pete Flagella, 5707 Bent Tree Court, President of the Girl's Softball Association, spoke in favor of the proposed ordinance, conditions of the practice sites and reviewed the contributions made to the City Park athletic fields by the Colleyville Girl's Softball Association. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. City Attorney Ross Foster advised that Council may pass on this item and send the ordinance back to the Game Use Facility Committee for review. He further stated that if the Committee completes their review and the second reading is conducted on May 7, Council may take action; if the Committee did not complete their review for the Ordinance to be considered at the May 7 Council meeting, the process would start over. Discussion ensued regarding short and long-term solutions for use of the game fields as practice fields and the charge of the Game Use Facility Committee. Deputy City Manager Dianne McWethy reported on the Game Use Facility Committee scope of work and meeting schedule. 7 CITY COUNCIL MINUTES APRIL 16, 2002 Discussion ensued regarding the costs associated with increasing the use of the game fields and the impact on field conditions, improvements to the practice fields, and percentage of resident versus nonresident players, practice schedules, use of school district facilities and the economic development impact of softball tournaments. Council requested that a joint worksession of the City Council and Grapevine-Colleyville School Board be scheduled to discuss the Interlocal Agreement between the two entities. 9. READING AND PUBLIC HEARING - Resolution R-02-1941 - Approval of a request of Norma McCain for a waiver of water impact fees located at 1516 McCain Lane, Case G-02-012 Mayor Arp opened the public hearing and read Resolution R-02-1941 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-02-1941. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the number of years Ms. McCain has resided in Colleyville and the reason for requesting a waiver of fees. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-02-1942 - Approval of Colleyville Justice Center construction Change Order 3, in the amount of $52,719.96 Mayor Arp opened the public hearing and read Resolution R-02-1942 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding changes, drainage, and landscaping and construction budget. Council requested that staff compare the cost of wrought iron and chain link fence. 8 CITY COUNCIL MINUTES APRIL 16,2002 Councilman Newton moved to approve Resolution R-02-1942. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-02-1943 - Approval of a Final Plat of LDS Addition requested by Goodwin & Marshall, Inc., for Church of Jesus Christ Latter-Day Saints, 6.090 acres located in the 500 block of McDonwell School Road, Case P-02-012 Mayor Arp opened the public hearing and read Resolution R-02-1943 in its entirety. Mr. Edward Eckart, 6001 Bridge Street, Fort Worth, Texas, representing the applicant, was present to answer questions. Ms. Linda Baker, 404 W. McDonwell School Road, requested that the trail at Newkirk Road be placed on the west side of street. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the route of the trail and turn lanes. Councilman Feldman moved to approve Resolution R-02-1943. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the placement of the trail and the process for requiring the developer to place the trail in a specific area. City Attorney Ross Foster recommended that a section be added to the Resolution approving the Plat, that requires a note be placed on the plat stating "this property will include a trail in accordance with the City of Colleyville trail plan and location of the trail is subject to the approval of City staff upon approval of construction plans for the subdivision". Councilpersons Feldman and Tigue accepted the amendment. Councilman Hocutt clarified that Parkland Dedication fees are not being waived. 9 CITY COUNCIL MINUTES APRIL 16, 2002 Councilman Feldman called the question. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-1944 - Approval of a Replat - Lots 11 R, 13R, 43R and 59R, The Village at Colleyville for City Hall and Library, Case P-02-004 This item was considered in Number 15 position. Mayor Arp opened the public hearing and read Resolution R-02-1944 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-02-1944. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the reason for acquiring the strip of land in 1991 and whether the City is obligated to reimburse the Voluntary Park Fund the money used to purchase the strip of land. City Attorney Ross Foster stated that the purpose of the City acquiring the strip of land in 1991 that was paid for by the Voluntary Park Fund, was to exercise some control or input over what was constructed or developed around City Park and the secondary purpose was a roadway for access from City Park to Bransford Road. City Attorney Ross Foster also stated that the City is not obligated to reimburse the Voluntary Park Fund the money used to purchase the strip of land. Discussion ensued regarding one-way streets, The Village ingress and egress, public and staff parking and transactions involving the 1.27 acres. Deputy City Manager Dianne McWethy read excerpts from the February 1, 2000, City Council packet regarding the final plat of The Village at Colleyville. Discussion continued regarding the percentage of buildable private land and public open space, public infrastructure value and land deeds. Excerpts of the February 1,2000, City Council meeting video were shown. 10 CITY COUNCIL MINUTES APRIL 16, 2002 Councilman Feldman moved to approve Resolution R-02-1944. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding donation of 1.27 acres, the library land donation and the Bransford Land Trust. Councilman Rice called the question. Councilman Newton contested calling the question. Mayor Arp called for a vote on calling the question. Ayes: Councilpersons Hocutt, Rice, Feldman and Mayor Pro Tem Tigue Nay: Councilman Newton Mayor Arp declared the question called. Ayes: Councilpersons Hocutt, Rice, Feldman, and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-1945 - Request of Realty Capital to allow construction work on Sundays in The Village at Colleyville, Case G-02-011 This item was considered in the Number 12 position. Mayor Arp opened the public hearing and read Resolution R-02-1945 in its entirety. Mayor Arp read a statement of support of Resolution R-02-1945 from Ms. Dee McNosky, 5108 Pleasant Run Road. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Tom Wouters, 1111 South Main Street, applicant, was present to answer questions of the Council. Discussion ensued regarding the need to work on Sunday. Mayor Pro Tem Tigue moved to approve Resolution R-02-1945. 11 CITY COUNCIL MINUTES APRIL 16, 2002 The motion died for lack of second. Councilman Hocutt moved to approve Resolution R-02-1945, with the amendment that the authorization to work on Sunday shall not include May 12, 2002, and shall expire on June 15, 2002. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Feldman and Mayor Pro Tem Tigue Nays: Councilpersons Rice and Newton Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-1946 - Appointing members to the Colleyville Crime Control and Prevention District Board of Directors (CCCPD) Mayor Arp opened the public hearing and read Resolution R-02-1946 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-02-1946. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried 15. READING AND PUBLIC HEARING - Resolution R-02-1947 - Approval of a request of the Woodbriar Estates Homeowner's Association for a right-of-way encroachment agreement and a waiver of certain utility and impact fees, Case G- 02-006 This item was considered in Number 8 position. Mayor Arp opened the public hearing and read Resolution R-02-1947 in its entirety. Ms. Victoria Zangara, 3712 Oakbriar Lane, thanked Council and staff for their assistance relative to this request. 12 CITY COUNCIL MINUTES APRIL 16, 2002 There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the number of homes in Woodbriar Estates, previous Homeowner Association requests for waiver of fees, City costs associated with waiver and maintenance of area. Mayor Pro Tem Tigue moved to approve Resolution R-02-1947. Councilman Feldman seconded the motion. Mayor Arp stated that if Council chooses to waive the fees, the Resolution needs to be amended stating that the fees will be waived. Mayor Pro Tem Tigue moved to approve Resolution R-02-1947, with an amendment to add a waiver of fees. Councilman Feldman seconded the motion with an amendment to add the amount of fees waived as $2,382. Ayes: Councilpersons Hocutt, Rice, Feldman, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried STAFF REPORTS 16. MONTHLY FINANCIAL REPORT QUARTERLY INVESTMENT REPORT There was no discussion on this item. REPORTS: 17. LIBRARY BOARD MINUTES - March 6, 2002 HISTORICAL PRESERVATION COMMITTEE - March 12, 2002 PARKS AND RECREATION ADVISORY BOARD - March 18, 2002 PLANNING AND ZONING COMMISSION MINUTES - March 25, 2002 There was no discussion on this item. 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 13 CITY COUNCIL MINUTES APRIL 16, 2002 Mr. Mike Taylor, 5209 Coventry Place, spoke regarding the land swap and potential conflict of interest of Mayor Donna Arp and Mayor Pro Tem Tigue related to the The Village at Colleyville. Mr. Richard Myers, 300 Lloyd Circle, spoke regarding the Loan guaranty Fee Proposal - The Village at Colleyville document and the Village Realty, Inc., Preliminary Business Plan. Mr. Jimmie Archie, Realty Capital Corporation, 1111 South Main Street, stated that he had no comments at this time. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 16, 2002 - Reading and Public Hearing - Resolution R-02-1948 This Resolution was not needed. ADJOURNMENT: 20. 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 1 :20 a.m. APPROVED THIS S AYES, 7~ DAY OF o NAYS AND ~~ 2002, BY A VOTE OF o ~BSTENTIONS. Minutes t~d prep;;~ ~Singleton~c City Secretary 14