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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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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.
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CITY COUNCIL MINUTES
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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.
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CITY COUNCIL MINUTES
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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.
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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
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JANUARY 5, 1999
,1999, BY A VOTE OF 5"
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