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HomeMy WebLinkAboutCity Council-Minutes-4/18/2000 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING APRIL 18, 2000 Interviews of Library Advisory Committee Applicants were held at 5:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on April 18, 2000, at 6:53 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, Director of Public Services Bob Whitehead, Project Manager Keith Fisher, Engineer Choyce Morrow, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Fire Chief Mike Johnston, 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 Texas Government Code 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 6:55 p.m., and reconvened at 7:33 p.m. CITY COUNCIL MINUTES APRIL 18, 2000 The invocation was given by Reverend Carter Foster, Metroplex Covenant 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 Mr. George Dawson, age 102, had visited Glen Hope Elementary, promoting children's literacy. Mr. Dawson learned to read at the age of 98. Mayor Arp presented a Proclamation to Pastors Carter Foster, David Rose, Sister Eggering, Roal Farris, and Lee Johnson for National Day of Prayer. Reverend Foster invited all Colleyville citizens to participate in the National Day of Prayer on May 4, at 7:00 p.m., at the Colleyville Community Center. Mayor Arp thanked former Mayor Richard Newton for his work and efforts on this project. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-00-1635 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 4, 2000 b. Approval of minutes of the City Council worksession held March 16, 2000 c. Approval of minutes of the City Council worksession held March 20, 2000 d. Approval of a professional services contract with Management Plus, Inc., for Computer Networking, Phase II, of the City Hall Complex in an amount not to exceed $21,500 Mayor Arp opened the public hearing and read Resolution R-00-1635 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Resolution R-OO-1635. Mayor Pro Tem Thibodeaux seconded the motion. 2 CITY COUNCIL MINUTES APRIL 18, 2000 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND 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. Mr. David Bagwell, 8222 Douglas Avenue, #770, Dallas, spoke regarding the affect of the proposed ordinance, technical issues, and wasting monies on some of the proposed standards. Ms. Dee Barker, 2200 Oak Knoll Drive, spoke regarding prior ordinances that prohibited certain uses that this ordinance will allow. Mr. Larry Cole, 6420 Remington Parkway, spoke regarding the consolidation of ordinances, the sign ordinance, and Chapter 14 of the proposed Land Development Code. Mr. Richard Meyers, 300 Lloyd Circle, spoke in favor of consolidating the ordinances. He also spoke regarding developer and citizen input and requested the council table the ordinance for at least two weeks. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the enactment of a portion of the proposed Land Development Code, and tabling Chapters 14 and 15 allowing the developers time to meet with City staff and express their concerns regarding these chapters. Councilman Carroll moyec;1 to ~pprove Ordinance 0-00-1214, tabling Chapters 14 and 15 and requiring special use permits for mobile homes and non-commercial swine farming in all zoning districts. Councilman Tigue seconded the motion with a request to include motorcycle/jet ski repair shops and pawnshops in the category requiring special use permits. 3 CITY COUNCIL MINUTES APRIL 18, 2000 Discussion ensued regarding the requests of the developers, swine farming, and temporary signs. Mayor Pro Tem Thibodeaux requested tabling Chapter 9 also. Councilman Carroll accepted Mayor Pro Tem Thibodeaux's request. Councilman Tigue accepted Mayor Pro Tem Thibodeaux's request. Councilman Carroll moved to amend the motion to include pawnshops and banks in ML zoning districts and pawnshops to be prohibited in all other zoning districts. Councilman Carroll moved to suspend the rules to allow the citizens to speak. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. Ms. Linda Baker, 404 W. McDonwell School Road, advised that there are 4H projects which includes some swine farming. City Manager Bob Stripling, raised the issue of impact fees for churches, Chapter 13 of the Land Development Code and advised the Council of some alternatives. Discussion ensued regarding the waiving of fees, other cities that charge this fee, invalidation of the entire fee schedule if there are no technical basis for the impact fee on churches, and ways of calculating the impact fees. Councilman Tigue requested amending the ordinance, changing to alternate #2 for churches to 25% of the maximum fee. Councilman Taylor recommended an amendment to the ordinance that churches be calculated as office space on Table 13D. Councilman Carroll accepted the recommendation of Councilman Taylor. Councilman Tigue did not accept the recommendation. 4 CITY COUNCIL MINUTES APRIL 18, 2000 Councilman Carroll called the question on the original 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 - 0-00-1215 - 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. Discussion ensued regarding the use of this property. Councilman Tigue moved to approve Ordinance 0-00-1215. Councilman Carroll seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - 0-00-1216 - Amending Chapter 11 - Parkland Dedication of the Land Development Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1216. Mr. Jim Moore, 1416 Glade Road, spoke regarding the inclusion of the private parks in the total number of park acreage. Mr. Larry Cole, 6421 Remington Parkway, spoke regarding the Parkland Dedication fees being excessive, and requested there be no increase at all. 5 ",.- CITY COUNCIL MINUTES APRIL 18, 2000 Mr. David Bagwell, 8222 Douglas Avenue, #770, Dallas, spoke regarding a comprehensive look at these increases. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the question of including private park land in the total number of park acreage, justification for the proposed increase, ownership of private parks, open space, and density. 7. READING AND PUBLIC HEARING - R-00-1637 - Approving the use of Parkland Dedication Funds, in an amount not to exceed $35,000, to purchase trail right-of-way for the Cottonbelt Trail Mayor Arp opened the public hearing and read Resolution R-00-1637 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-00-1637. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeuax Nays: None Mayor Arp declared the motion carried. 8. READING AND PUBLIC HEARING - R-00-1638 - Approving McPherson Park Master Plan Mayor Arp opened the public hearing and read Resolution R-OO-1638 in its entirety. Ms. Jill VanOver, 2303 Ballantrae Drive, spoke regarding the cost of development, annual operating costs, alternative funding, corporate sponsorship, and the Park being a want of the City and not a need. Mr. Ed Havran, 303 Oakcrest Hill Drive, spoke regarding the preservation of the Colleyville heritage and the proposed natural landscaping. 6 CITY COUNCIL MINUTES APRIL 18, 2000 Ms. Linda Baker, 404 W. McDonwell School Road, spoke regarding the commitment to agriculture and the Park being a long-term attraction to the City. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the work of the Committee, the park being a senior citizen attraction, the Master Plan as a vision, providing picnic areas, walkways, generating revenue, and phasing the project. Councilman Carroll moved to approve Resolution R-00-1638. 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. 9. READING AND PUBLIC HEARING - R-00-1639 - Appointing members to the Celebrate Colleyville Steering Committee Mayor Arp opened the public hearing and read Resolution R-00-1639 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-00-1639. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - R-00-1640 - Appointing members to the Historical Preservation Committee and expanding membership Mayor Arp opened the public hearing and read Resolution R-00-1640 in its entirety. 7 CITY COUNCIL MINUTES APRIL 18, 2000 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro T em Thibodeaux moved to approve Resolution R-00-1640. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - R-00-1641 - Opposing H.R. 2372, the Private Property Rights Implementation Act of 2000 Mayor Arp opened the public hearing and read Resolution R-00-1641 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding sponsorship of the bill, attempts to federalize local zoning, and imposing threats and burdens on small cities. Councilman Tigue moved to approve Resolution R-00-1641. Councilman Carroll seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 12. CONSIDERATION OF ORDINANCE 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 Pro Tem Thibodeaux moved to remove this item from the table. Councilman Tigue seconded the motion. 8 CITY COUNCIL MINUTES APRIL 18, 2000 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. Mr. Mark Howe, 3100 Carisbrook Court, representing the applicant, gave a brief review of the history of this project, and spoke regarding his work with the neighbors to the west, increased open space, increased drainage capacity, lot sizes, trail width, and credit for park fees. Discussion ensued regarding the home sizes, width of the proposed trail, and ordinance requirements. Mayor Pro Tem Thibodeaux moved to approve Ordinance 0-00-1210, amending the sizes of the proposed homes. Councilman Tigue seconded the motion. Discussion ensued regarding garages and sidewalks, and preservation of commercial property. Ayes: Councilpersons Short, Tigue, and Mayor Pro Tem Thibodeaux Nays: Council persons Taylor and Carroll Mayor Arp declared the motion carried. 13. CONSIDERATION OF ORDINANCE 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 Pro Tem Thibodeaux moved to remove this item from the table. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 9 CITY COUNCIL MINUTES APRIL 18, 2000 Mr. Lanny Wilkinson, 1705 Altacrest Drive, applicant, spoke regarding the setbacks and the screening fence. Discussion ensued regarding overnight-parking, left turn lane, and the definition of retail/restaurant. Councilman Carroll moved to deny Ordinance 0-00-1211. The motion died for lack of a second. Councilman Short moved to approve Ordinance 0-00-1211, with the requirement that the continuous left turn lane is complete at the time building permits are issued (co's contingent upon completion of the turn lane), no more than three vehicles are parked overnight on the site, the site plan for Lot 4 is brought back for approval by council, and the screening requirements comply as set forth in the letter dated 4/18/00. Mayor Pro Tem Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Tigue, and Mayor Pro Tem Thibodeaux Nays: Councilman Carroll Mayor Arp declared the motion carried. 14. CONSIDERATION OF RESOLUTION R-OO-1619 - Appointing members to the Library Advisory Committee Councilman Carroll moved to remove this item from the table. 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. Councilman Short nominated John Stanford for position #1 on the Library Advisory Committee. There were no other nominations made. 10 CITY COUNCIL MINUTES APRIL 18, 2000 Councilman Taylor nominated Jim Moore for position #2 on the Library Advisory Committee. There were no other nominations made. Councilman Carroll nominated Karen Birkes for position #3 on the Library Advisory Committee. There were no other nominations made. Mayor Pro Tem Thibodeaux nominated Richard Roxburgh for position #4 on the Library Advisory Committee. There were no other nominations made. Councilman Tigue nominated Joy Donavan for position #5 on the Library Advisory Committee. Councilman Taylor nominated Steve McGee for position #5 on the Library Advisory Committee. McGee - Councilpersons Short, Taylor, Carroll, and Mayor Pro Tem Thibodeaux Donavan - Councilman Tigue Mayor Arp declared Steve McGee appointed to position #5 on the Library Advisory Committee. Councilman Short nominated Nancy Eytcheson to position #6 of the Library Advisory Committee. Councilman Taylor nominated Linda Vincent to position #6 of the Library Advisory Committee. Vincent - Councilpersons Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Eytcheson - Council person Short Mayor Arp declared Linda Vincent appointed to position #6 on the Library Advisory Committee. 11 CITY COUNCIL MINUTES APRIL 18, 2000 Councilman Taylor nominated Jane Nelson to position #7 of the Library Advisory Committee. There were no other nominations made. Councilman Carroll nominated Ed Havran to position #8 of the Library Advisory Committee. There were no other nominations made. Mayor Pro Tem Thibodeaux nominated Chris Faulkner to position #9 of the Library Advisory Committee. Councilman Tigue nominated Mary Ann Nicholson to position #9 of the Library Advisory Committee. Faulkner - Councilpersons Taylor, Carroll, and Mayor Pro Tem Thibodeaux Nicholson - Councilman Tigue, Short Mayor Arp declared Chris Faulker appointed to position #9 on the Library Advisory Committee. Councilman Carroll moved to approve Resolution R-00-1619, appointing Karen Birkes, Steve McGee, Jim Moore, Jane Nelson, and John Stanford to serve a two year term, appointing Chris Faulkner, Ed Havran, Richard Roxburgh, and Linda Vincent to serve a one year term and adding Section 6, appointing Steve McGee as Chair of the Committee, and Ed Havran as Vice Chair. Mayor Pro Tem Thibodeaux seconded the motion. Councilman Tigue moved to suspend the rules to allow the citizens to speak. Councilman Carroll seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tern Thibodeaux Nays: None Mayor Arp declared the motion carried. Ms. Dana Feldman, 2204 Danbury, thanked the Council for making the appointments to the Library Advisory Committee and thanked and commended the volunteers. 12 CITY COUNCIL MINUTES APRIL 18, 2000 There were no others wishing to speak. Ayes: Councilpersons Short, Taylor, Carroll, and Mayor Pro Tem Thibodeaux Nays: Councilman Tigue Mayor Arp declared the motion carried. STAFF REPORTS: 15. MONTHLY FINANCIAL REPORT There was no action taken on this item. 16. REPORTS: PARKS AND RECREATION ADVISORY BOARD MINUTES -APRIL 3, 2000 PARK LAND DEDICATION COMMITTEE MINUTES - MARCH 27, 2000 TRAFFIC SAFETY ADVISORY COMMITTEE - APRIL 10, 2000 TREE BOARD MINUTES - APRIL 3, 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 18, 2000 - Reading and Public Hearing - Resolution R-00-1636 This Resolution was not needed. 13 CITY COUNCIL MINUTES APRIL 18, 2000 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 10:40 p.m. APPROVED THIS ZIJii DAY OF --.MtLM AYES, 0 NAYS, AND () ABSTENTI NS. l 2000, BY A VOTE OF 5' Minutes taken and prepared by: JJ~ Je Harris, TRMC, CMC City Secretary 14