Loading...
HomeMy WebLinkAboutCity Council-Minutes-1/5/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 5, 1999 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on January 5,1999, at 6:45 p.m. ROLL CALL: Councilpersons Steven Helling, Frank Carroll, Nelson Thibodeaux, Ginny Tigue, and Mayor Pro Tem Donna Arp were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Anne Born, Public Services Director Jim Foster, Public Works Manager Randy Brown, Community Development Manager Barry LeBaron, Development Coordinator Clayton Husband, Fire Chief Mike Johnston, Economic Development Manager Mike Soab, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.072- Sec. 551.072- Sec. 551.074- Property Acquisition - Pleasant Run Road Property Acquisition - Colleyville Boulevard 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 Newton advised that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.072 - Property Acquisition and Section 551.074 - Personnel. He further advised that there would be no decisions m~de or action taken during this time. The meeting was recessed at 6:46 p.m., and reconvened at 7:32 p. m. r--, , I 1 CITY COUNCIL MINUTES JANUARY 5,1999 The invocation was given by Councilman Ginny Tigue, 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 There were no presentations made or reports given. CONSENT: 3. READl~G AND PUBUC HEARIltG - Resolution R:-99-1449 - Consenlltems: a. Approval of minutes of the regular City Council meeting of December 15, 1998 b. Approval of a preliminary plan of Remington Park Phase II, 4.636 acres out of the R. H. McEwing Survey, Abstract 1154, Tract 2B1, owner: Marie Payne; applicant: Larry Cole, Foxcreek Residential Development, Inc., General Partnership LCJJ, Inc., south side of McDonwell School Road, west of Remington Parkway c. Approval of a final plat for Remington Park Phase II, 28.844 acres out of the R. N. McEwing Survey, Abstract 1154, Tracts 2, 2B, 2B1, and 2C; and the J. E. Withers Survey, Abstract 1748, Tracts 1C, 1C1A, and 1C2; and bein~ a replat of Lots A2A, A 1 F and a portion of A 1 E, Block 3, Bettinger Place; o\JVl1ers: FoxcreekResidential Development, Inc., and V. H. Payne; applicant: Larry Cole, Foxcreek Residential Development, Inc., south side of McDonwell School Road, west of Remington Parkway d. Approval of an amended plat of Lot 3-R, Block 1, Montclair Parc, being a replat of Lots 3 and 4, Block 1, Montclair Parc; owner: Vicki Weinberg, Montclair Parc, Inc.; applicant: B. Nelson Mitchell, Jr., Irving Homes, Inc., 5705 Morlaix Court Mayor Newton opened the public hearing and read Resolution R-99-1449 in its entirety. ~. 2 CITY COUNCIL MINUTES JANUARY 5,1999 There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Carroll moved to approve Resolution R-99-1449. Mayor Pro Tem Arp seconded the motion. Ayes: Council persons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1133 - Creating a Cross Connection Control Program Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1133. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Ordinance 0-98-1133. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. - 3 CITY COUNCIL MINUTES JANUARY 5,1999 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1134 - Zoning change request from eN (neighborhood commercial) district to PUD-R (planned unit development-residential with a mixed residential & commercial use) district, 21,699.28 sJ., Lot A2, Block 1, Highland Acres; owner: William W. Gardetto; applicant: Frank A. Ritz, 412 Timberline N, northwest corner of Timberline N. and Bransford Road Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1134. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Ordinance 0-98-1134. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1135 - Zoning change request from R40 (single family residential, minimum lot 40,000 s.f.) district to R20 (single family residential, minimum lot 20,000 sJ.) district, 1.00 acre, S. Cotrail Survey, Abstract 328, Tract 3B; owner/applicant: Dale Hodgson, 4609 Behrens Road, southeast corner of Renfro and Behrens Drive MayorNewton opened the public hearing and read the caption of Ordinance 0-98-1135. Ms. Lisa Pomroy, 4712 Behrens Road, spoke in opposition to the proposed rezoning. Mr. Rick Baca, 4713 Behrens Road, spoke in favor of the proposed rezoning. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Dale Hodgson, 4609 Behrens Road, applicant, spoke regarding the usage of land, and requested the Council table this issue until they have a chance to look at the neighborhood. ~ 4 CITY COUNCIL MINUTES JANUARY 5, 1999 Discussion ensued regarding the change in the zoning pursuant to state lav.JS, density, and precedence. Councilman Carroll moved to deny Ordinance 0-98-1135. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1136 - Zoning change request from AG (agricultural} district and ML (light manufacturing} district to CC1 (village retail) district with a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, 3.19 acres out of the A. J. Lott Survey, Abstract 963, Tracts 3D, 3E, 3D3, 3E3, 3D2, and 3E2 and a portion of Lot 1, Block 1, Tropicana Fuels Addition; owner/applicant K. A. Whitman, President, Whitco Consulting Ltd., east side of Colleyville Boulevard, south of John McCain Road Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1136. Mr. Thomas Fontanetta, 2201 Danielle Drive, spoke in opposition to the proposed rezoning, and requested that if the Council approves this case that Danielle Drive never be a through street, that a buffer be created between the business and the homes, that trees be required, and that the hours of operation of the restaurant be limited. Mr. F ontanetta read a statement from his wife stating her opposition to the proposed rezoning. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the language in the proposed ordinance. Councilman Carroll moved to approve Ordinance 0-98-1136, requiring an 8' screening wall along the east property line, and limiting the hours of operation for the restaurant to 6:00 a.m. until midnight. ,,- 5 - CITY COUNCIL MINUTES JANUARY 5,1999 Councilman Tigue seconded the motion. Discussion ensued regarding the hours of operation of the restaurant, rodents, parking lot location, access to the AG property to the east, trash dumpster location, and contiguous appearance completely around the building. Mr. Kip Whitman, 3402 Crossgate Circle South, applicant, spoke regarding the position of Mr. Doug Henderson and the location of the 8' screening wall. Councilman Carroll amended his motion to allow an opening in the masonry wall allowing access to the property to the east and changing the hours of operation of the restaurant to 6 a.m. until midnight on Friday and Saturday only and 6 a.m. until 10:00 p.m. on all other days. Councilman Tigue accepted the amendments to the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1137 - Zoning change request from ML (light manufacturing) district to ML (light manufacturing) district with a Special Use Permit for the sale of alcoholic beverages for off-premise consumption, approximately 59,291 S.t. portion of Lot 1, Block 1, Tropicana Fuels Addition; owner: K. A. Whitman, President, Whitco Consulting Ltd.; applicant: Phillip Morrissey, Triple A Beverage Inc., east side of Colleyville Boulevard, south of John McCain Road Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1137. Mr. Alan Bredon, 1002 Hardage, spoke in opposition to the proposed zoning change. Mr. Thomas Fontanetta, 2201 Danielle Drive, spoke in opposition, and requested that if the Ordinance was approved that the applicant be required to plant mature trees, insure that the buildings will be built as presented, install non-invasive lighting, and move the car wash closer to Colleyville Boulevard. r- 6 -- CITY COUNCIL MINUTES JANUARY 5, 1999 There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Kip Whitman, 3402 Crossgate Circle South, applicant, was present to answer questions of the Council. Mr. Phil Morrissey, applicant, was present to answer questions of the Council. Discussion ensued regarding the location of the car wash, size of the proposed trees, types of trees required by ordinance, submission of a landscaping plan, location of the current trees, and completion of the clean-up. Mayor Pro Tem Arp moved to approve Ordinance 0-98-1137. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1138 - Zoning change request from CC2 (shopping center) district to CC2 (shopping center) district with a SUP (special use permit) for a Day Care on a portion of Lot 2, Block 2, Village Park Addition, repealing Ordinance 0-97-1059, requested by La Petite Academy; owner: Ron Burman, COlland, Inc.; applicant: Montessori Unlimited, d.b.a. La Petite Academy, northwest corner of Centerpark and Glade Creek Drive Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1138. Mr. Bob Culley, 4737 Lake\^/Qod Drive, spoke regarding traffic, and a specific traffic flow pattern. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Michael Peeples, 2514 Tarpley Road, Carrollton, spoke representing the applicant and the property owner, regarding the traffic flow, and a revision of the site plan in regard to fencing. r- 7 - CITY COUNCIL MINUTES JANUARY 5,1999 Discussion ensued regarding the fencing, traffic flow, and use of the remainder of the property formerly zoned. Councilman Carroll moved to approve Ordinance 0-98-1138, with an amendment to the Ordinance showing traffic to be routed in a one-way direction east down Centerpark Drive north on Glade Creek Drive through the school drive and out Glade Creek Drive north. Councilman Helling seconded the motion. Discussion ensued regarding enforcement of the traffic route, "signing" the route, and amendments to Attachment 1 of the Ordinance regarding masonry walls and wrought iron fencing. The amendment to Attachment 1 of the Ordinance regarding the use of wrought iron fencing around the entire perimeter of the school was accepted by Councilman Carroll and Councilman Helling. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1139 - Zoning change request from AG (agricultural) with SUP (special use permit for primary and secondary schools) and R40 (single family residential, minimum lot size 40,000 square feet) to PUD-C (planned unit development-commercial), 14.79 acres out of the A. Christian Survey, Abstract 339, Tract 4, 4A2, and 4A, and Lot 1, Colleyville Presbyterian Church; applicant: John T. Lynch, IV; owner: Presbyterian Church in America, 715 Cheek Sparger Road Mr. John Lynch, 1903 Central Drive, Bedford, applicant, gave an overview of the proposed zoning change request. Mr. Gaylen Laing, Architect, gave a brief overview of the building locations and the traffic flow plan. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1139. r- 8 -- CITY COUNCIL MINUTES JANUARY 5, 1999 Mr. Allan Werst, 3808 Wayne Drive, Ms. Katie Horn, 3805 Wayne Drive, Mr. Ray Oujesky, Truman, Spicer, and Oulesky law firm, representing Wayne Drive residents, Ms. Jill Laird, 3815 Wayne Drive, Mr. Bruce Parker, 3815 Wayne Drive, Mr. Ellis Horn, 3805 Wayne Drive, Ms. Elaine Wagner, 3716 Wayne Drive, spoke in opposition to the proposed rezoning. Mr. Gary Staats, 308 Mill Crossing West, Mr. Dale Smith, 6512 Paula Court, North Richland Hills, Ms. Brenda Huckins, 3500 Burgundy Ct., Mr. Don Hudson, 4109 South\^/Qod East, spoke in favor of the proposed rezoning. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Oulesky requested an 8' masonry fence be erected, prohibiting access through lot 3, if this rezoning is approved. Discussion ensued regarding the existing buildings, placement of buildings on the location, placement of the kindergarten, elimination of the portable buildings, time line, number of students, limitation on capacity of students, traffic study on Cheek Sparger, traffic turning left off of Cheek Sparger, compliance with zoning ordinances, flexibility of applicant, limitations on hours of usage for the buildings, continued maintenance of lot 3, and cooperation between the applicant and the homeowners in the area. 11. FlRST READING AND PUBUC HEARING - Qrdinance Q-99-1 t 4Q - An amen~nt to the Colleyville Zoning Ordinance, Section 21, Planned Unit Development, to create a designation for PUD-MXD (Planned Unit Development-Mixed Residential & Commercial Use) City Manager Bob Stripling gave an overview of the zoning ordinance and the proposed amendment. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1139. Ms. Dee McNosky, 5108 Pleasant Run Road, Ms. Linda Bredon, 1002 Hardage Lane, Mr. Robert Figueroa, 817 Central Drive, Mr. Alan Bredon, 1002 Hardage, Mr. Tony Rader, 5004 Shado\^/Qod Trail, Mr. Dennis Jones, 1205 Hardage Lane, Mr. Clint Brown, 5005 Shado\^/Qod Road, Mr. George Jeffries, 512 Colleyville Terrace, Mr. Clint Young, 811 Central Drive, Mr. James R. Henson, 5706 Bent Tree Court, and Mr. Michael Trimmier, 2201 Long Shadow Court, spoke in opposition to the proposed amendment. ~ 9 CITY COUNCIL MINUTES JANUARY 5,1999 There \Nere no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding "residential uses", amendments to the ordinance, generation of sales tax, confinement of this zoning to one area of the City, and traffic on Pleasant Run Road. 12. FIRST READING AND PUBLIC HEARING -Ordinance 0-99-1141 -Zoning change request from AG (agricultural) and CC-1 (village retail) to PUD-MXD (planned unit development-mixed residential and commercial use), 24.07 acres out of the J. M. Looney Survey, Abstract 936, Tract 1, and the B.B.B. and C. R.R. CO. Survey, Abstract 206, Tracts 3, 3E, 3D, 3C, 3B, 3B1, and a portion of Lot 1, Block 1 of the City National Bank Colleyville Addition; owners: Alton Foster and Jean Andrews, Billy and Shirley Petty, Harold Hall, Bransford Park Land Trust, Burton and Carol McCullough, Verle Lee Brown, and Chase Bank of Texas; applicant: Richard Myers, Realty Capital Corp., Pleasant Run Road and Colleyville Boulevard Mr. Tom Miller, representing the applicant, gave an overview of the proposed project. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99-1141. Ms. Donna Steen, 716 Central Drive, Mr. John Dinneen, 2602 Arbor Trail, Mr. David Jones, 713 Central Drive, Mr. Michael Trimmier, 2201 Long Shadow Court, Mr. James Henson, 5706 Bent Tree Court, Mr. Clint Young, 811 Central Drive, Mr. Dennis Jones, 1205 Hardage Lane, Mr. Alan Bredon, 1002 Hardage Lane, Mr. Robert Figueroa, 817 Central Drive, Ms. Linda Bredon, 1002 Hardage Lane, and Ms. Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the proposed rezoning. There \Nere no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding traffic and parking studies, phasing the proiect, fire protection, deed restrictions, trash collection, open space, and line of sight. ( 10 CITY COUNCIL MINUTES JANUARY 5, 1999 REPORTS: 13. PLANNlNG AND ZONING COMMISSION MINUTE.S -12/14/98 There was no action taken on this item. ClTIZEN 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 JANUARY 5, 1999- Reading and Public Hearing - Resolution R-99-1450 This Resolution was not needed. ADJOURNMENT: 16. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Councilman Thibodeaux seconded the motion. Ayes: Council persons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tern Arp Nays: None Mayor Newton declared the meeting adiourned at 12:35 a.m. ~ 11 - CITY COUNCIL MINUTES APPROVED THIS /q'll. DAY OF Jan \Ul.( ~ AYES, () NAYS, AND D ABSTENTIONS. Minutes taken an):]=. Je Harris, TRMC, CMC City Secretary ,- JANUARY 5, 1999 ,1999, BY A VOTE OF 5" 12