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HomeMy WebLinkAboutCity Council-Minutes-4/4/2000 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING APRIL 4, 2000 Interviews of Library Advisory Committee Applicants were held at 6:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on April 4, 2000, at 6:47 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Frank Carroll, Ginny Tigue, and Mayor Pro Tem Thibodeaux were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Ken Kolsti, Public Services Director Bob Whitehead, Community Development Manager Barry LeBaron, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Engineer Chris Steubing, Project Manager Keith Fisher, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071- Sec. 551.071- Sec. 551.072- Sec. 551.072- Sec. 551.072- Sec. 551-074- Legal - Gammon lawsuit Legal - Murray Construction lawsuit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Hall-Johnson Road 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 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 6:48 p.m., and reconvened at 7:43 p.m. CITY COUNCIL MINUTES APRIL 4, 2000 The invocation was given by Reverend Lloyd McCutchen, Pleasant Glade Assembly of God 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 presented Proclamations for Trash Off/Arbor Day to Ms. Jamie Thibodeaux, representing Colleyville Proud and Ms. Susan Brandt and Ms. Karen Birkes, representing the Colleyville Garden Club. Ms. Susan Brandt of the Colleyville Garden Club presented Mayor Arp a check in the amount of $200 for the City's Tree Mitigation Fund. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1628 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 21,2000 b. Approval of the testing services contract for Geotechnical Engineering Services on the Hall-Johnson Road Reconstruction Project to Rone Engineers, in the amount of $49,764.00 c. Approval of the recommendation of the Sign Board of Appeals for a front yard setback variance for a sign at Mac's Steaks and Seafood located at 5120 State Highway 121 Mayor Arp opened the public hearing and read Resolution R-OO-1628 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-00-1628. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 2 CITY COUNCIL MINUTES APRIL 4, 2000 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - 0-00-1210 - A zoning change requested by David Whisenant, from R20 to PUD-C on 23.709 acres located on the north side of Glade Road, east of Oak Timbers Court - Riverwalk at Colleyville Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1210. Mr. Jim Moore, 1416 Glade Road, spoke regarding the TIF district, approving residential zoning in the TIF district, and reducing the commercial property in Colleyville by approving residential uses. Mr. Moore also thanked Council persons Carroll and Taylor for supporting the City's ordinances. Mr. Mark Howe, 3100 Carisbrooke Court, representing the applicant, spoke regarding the design, open space, drainage, minimum house size, and square footage limitations on the proposed homes. Discussion ensued regarding the cost of the homes, tabling the item, increasing the minimum house size to approximately 3200 square feet, and reducing the number of proposed lots. Mayor Pro Tem Thibodeaux moved to table Ordinance 0-00-1210. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - 0-00-1211 - A zoning change requested by Lanny Wilkinson, from ML, AG, and CC1 to PUD-C on 8.789 acres located on the west side of Colleyville Boulevard in the 6400-6500 block - Winding Creek Addition Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1211. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 3 CITY COUNCIL MINUTES APRIL 4, 2000 Mr. Lanny Wilkinson, 1705 Altacrest Drive, Grapevine, applicant, was present to answer questions of the Council. He spoke regarding increased open space, brick/stone in front of the creek, 50 ft. building set backs, elimination of trees, and the storage units across the street from the proposed development. Discussion ensued regarding Mr. Wilkinson developing the property himself, sales tax producing businesses, percentage of the TIF district this project represents, and parking for the day care center. Councilman Tigue moved to table Ordinance 0-00-1211 . Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Councilman Carroll Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - 0-00-1212 - A zoning change requested by Derek DeGuire, from AG to PUD-R on 7.217 acres located at 400 West Glade Road - Madison Place Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1212. Mr. Jeff Morris, 310 W. Glade, spoke in opposition to the proposed Ordinance. He requested the trees along the property line remain, an 8' wooden fence with steel posts with a chair rail along the top be installed rather than the proposed 6' fence, and that the fence be built 3' into the development to avoid the trees. Ms. Caron Murchison, 406 W. Glade, spoke regarding the density and requested a stone fence. Mr. Jay Boyd, 3320 Glade Creek Drive, Hurst, spoke in favor of the proposed development and complimented Mr. DeGuire for his efforts in working with the citizens. Ms. Nancy Boyd, 3320 Glade Creek Drive, Hurst, spoke in favor of the proposed development and the competency of Mr. DeGuire. Ms. Priscilla Jordan, 3400 Glade Creek Drive, Heatherwood Subdivision Homeowner's Association, spoke in favor of the proposed Development and regarding the personal effort of Mr. DeGuire to work with the citizens to get their approval. 4 CITY COUNCIL MINUTES APRIL 4, 2000 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. DeGuire was present to answer questions of the Council. Discussion ensued regarding the meetings with the citizens, the additional height requested on the fence, the three foot set back request, easements, the City's tree ordinance, the stone fence requested by Ms. Murchison, entrance enhancements, placement of the fence, issues discussed at the Hurst City Council meeting, ongoing maintenance of the fence by Mr. DeGuire, width of Hurst's sidewalk on the western boundary, and preservation of the trees. Mr. Elliott, Engineering firm of Elliott and Hughes, was present to answer questions of the Council. Mayor Pro Tem Thibodeaux moved to approve Ordinance 0-00-1212, adding the language that Mr. DeGuire install a 6' cedar fence with steel posts or allocate $20 per linear foot for fencing along the property lines of Ms. Murchison and Mr. Morris. Councilman Carroll made a friendly amendment to change the fence height from 6' to 8'. Mayor Pro Tem Thibodeaux accepted the amendment. Councilman Carroll seconded the motion. Councilman Carroll moved to amend the Ordinance to say that the Homeowner's Association will maintain the proposed fence. Councilman Tigue made a friendly amendment to include language regarding the preservation of the trees. Mayor Pro T em Thibodeaux accepted the amendments. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 5 CITY COUNCIL MINUTES APRIL 4, 2000 7. SECOND READING AND PUBLIC HEARING - 0-00-1213 - Amending the roadway capital improvement plan and the imposition of impact fees Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1213. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1213. Mayor Pro Tem Thibodeaux seconded the motion. Discussion ensued regarding the rate being proposed, the comparison of the Cities of Southlake and Keller for residential rates, commercial rebates, consideration of changing the commercial rebates from 100% to 75%, and perimeter street fees. Councilman Carroll moved to approve Ordinance 0-00-1213, with an amendment changing the commercial rebates to 75%. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - 0-00-1214 - Amending the Subdivision Ordinance, Impact Fee Ordinance, Tree Preservation Ordinance, and Zoning Ordinance by adopting a Land Development Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1214. Ms. Sheila Cross, 7001 Gladwyne Court, spoke regarding the proposed changes and requested further information. 6 CITY COUNCIL MINUTES APRIL 4, 2000 Ms. Linda Baker, 404 W. McDonwell School Road, spoke regarding Chapter 3, Permitted Uses. She asked the Council to consider adding in the R30 and R40 zoning districts permitted uses for farming and livestock breeding and raising. She also asked the Council to consider the commercial equestrian boarding stable and school use to be extended to the R40 zoning district and that a special use permit be required for R20 and R30 commercial equestrian boarding stables and schools. Ms. Baker asked that the year round roadside fruit, vegetable and produce stands in the AG district not be required to have a special use permit. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - 0-00-1215 - A zoning change requested by W. Douglas Jennings, from CC2 to CPO (commercial professional office) on 2.4779 acres located on the south side of Gateway Drive in the 4100 block, Heritage High School Addition Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1215. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 10. READING AND PUBLIC HEARING - R-00-1630 - Authorizing the move of a modular building to Colleyville Elementary School at 5800 Colleyville Boulevard, requested by the Grapevine-Colleyville Independent School District Mayor Arp opened the public hearing and read Resolution R-00-1630 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-00-1630, with an amendment stating the building must be removed within one year. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 7 CITY COUNCIL MINUTES APRIL 4, 2000 11. READING AND PUBLIC HEARING - R-00-1631 - Approving a waiver of perimeter street improvement requirements request of Robert L. Scott, Bink's Construction Company for the Ketner Addition at the northwest corner of Cheek Sparger Road and Warwick Mayor Arp opened the public hearing and read Resolution R-00-1631 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Ron Sturgeon, 3046 Monument Butte, representing the applicant, was present to answer questions of the Council. Councilman Tigue moved to approve Resolution R-00-1631. Mayor Pro Tem Thibodeaux seconded the motion. Discussion ensued regarding the waiver of sidewalks as well as the perimeter street fees. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - R-00-1632 - Approving a waiver of perimeter street improvement requirements request of John A. Grant, III, Grant Engineering for the Luxor Addition at 6208 Pleasant Run Road Mayor Arp opened the public hearing and read Resolution R-00-1632 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. David Reaves, Grant Engineering, 3244 Hemphill, Fort Worth, representing the applicant, was present to answer questions of the Council. Discussion ensued regarding subsequent subdividing of the property. 8 CITY COUNCIL MINUTES APRIL 4, 2000 Councilman Carroll moved to approve Resolution R-00-1632. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - R-00-1633 - Approval of a construction contract with Gilco Contracting, Inc., up to the amount of $3,688,241.32, for the Hall-Johnson Road and Bluebonnet Drive Reconstruction Project Mayor Arp opened the public hearing and read Resolution R-OO-1633 in its entirety. Mr. Rich Munson, 1905 Hall-Johnson Road, spoke in opposition to Resolution R-OO- 1633. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-00-1633. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - R-00-1634 - Approving the abandonment of the public pedestrian easements within Caldwell's Creek Mayor Arp opened the public hearing and read Resolution R-00-1634 in its entirety. Mr. Robert Flynn, 7005 Whippoorwill Court, Mr. Stewart Asimus, 1509 Caldwell Creek, Ms. Jan Asimus, 1509 Caldwell Creek, Mr. Steve Magee, 6900 Shepherds Glen, Mr. Rob Timmons, 7011 Orchard Hill Court, and Mr. Marc Juele, 7000 Lismore Court, spoke in favor of the proposed Resolution. 9 CITY COUNCIL MINUTES APRIL 4, 2000 There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the protection of the citizens of Caldwell's Creek, PUD-R including private open space that stays with the PUD-R zoning, "double-dipping" private open space, history of law suits with the developer, integrity of the zoning and property values of the citizens in Caldwell's Creek being diluted or deteriorated, and abandoning all public easements in Caldwell's Creek to the Caldwell's Creek Homeowner's Association. Councilman Carroll moved to approve Resolution R-00-1634, with an amendment stating that the public rights-of way on Lots 40A and 41A and Lots 21, 22, 25, 26, 29, 30, 32, 33, 34, 35, and 38 of Block 2 are also abandoned. Councilman Taylor seconded the motion. Mayor Pro Tem Thibodeaux requested an amendment be made to the Resolution stating the private space in question be owned and maintained by the Homeowner's Association of Caldwell's Creek. Councilman Carroll accepted the amendment. Councilman Taylor accepted amendment. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 15. CONSIDERATION OF RESOLUTION R-OO-1619 - Appointing members to the Library Advisory Committee There was no motion to remove this item from the table. 10 CITY COUNCIL MINUTES APRIL 4, 2000 REPORTS: 16. PLANNING AND ZONING COMMISSION MINUTES - MARCH 13 AND MARCH 27, 2000 IMPACT FEE ADVISORY COMMITTEE MINUTES - MARCH 13, 2000 PARKS AND RECREATION ADVISORY BOARD MINUTES - MARCH 6, 2000 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS MINUTES - MARCH 21, 2000 There was no action taken on this item. CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 4, 2000 - Reading and Public Hearing - Resolution R-00-1629 This Resolution was not needed. ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the meeting adjourned at 10:35 p.m. APPROVED THIS /~ ~ AYES, 0 NAYS, AND DAY OF ~nl () ABST N IONS. , 2000, BY A VOTE OF 5 11 CITY COUNCIL MINUTES APRIL 4, 2000 Minutes taken and prepared by: ;J~ J n Harris, TRMC, CMC Ci Y Secretary 12