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HomeMy WebLinkAboutCity Council-Minutes-2/23/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MARCH 23, 1999 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on March 23, 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 Oianne McWethy, Administrative Intern Ken Kolsti, Oirector of Public Services Jim Foster, Community Oevelopment Manager Barry LeBaron, Economic Development Manager Mike Soab, Oevelopment Coordinator Clayton HusbandJ Police Chief John Young, Fire Chief Mike Johnston, Code Enforcement Officer Gary Barnett, City Attorney Ross Foster, and Office Assistant Cynthia Singleton were also present. City Secretary Jean Harris was absent. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074- Property Acquisition - Bluebonnet Road Property Acquisition - Pleasant Run Road Property Acquisition - Colleyville Boulevard Personnel- The City Council may consider the appointmentJ 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 explained 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 explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:47 p.m., and reconvened at 7:32 p.m. CITY COUNCIL MINUTES MARCH 23,1999 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 Mayor Newton presented a Proclamation to AJ. Maxwell, Boy Scout Troop #28. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1484 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 2, 1999 b. Approval of the disposal of surplus vehicles and equipment c. Approval of an amended plat for Lots 5R and 6R, Block 2, Tara Plantation, 1108 and 1110 Plantation Orive South d. Approval of the award of a contract in the amount of $80,964 to Shade Structures Inc., for the installation of Shade Structures in City Park and Pleasant Run Park and authorizing the use of $45,000 from the Colleyville Economic Development Corporation and $35,964 from the Voluntary Park Fund e. Approval of appointments to the Tax Increment Financing Board Mayor Newton opened the public hearing and read Resolution R-99-1484 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Mayor Pro Tem Arp moved to approve Resolution R-99-1484. Councilman Tigue seconded the motion. Ayes: Council persons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None 2 CITY COUNCIL MINUTES MARCH 23, 1999 Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1148 - Consideration of a zoning change from AG to R20 and R30 Single Family Residential on approximately 20 acres located north of Tinker Road and east of Jewell Estates, at the end of Emerald Orive Mayor Newton opened the public hearing and read the caption of Ordinance 0-99- 1148. Mr. John Boyd, 6605 Emerald Drive, stated that he would be opposed to the zoning change without the following stipulations: Emerald Orive end in Jewel Estates and serve as an emergency access only, R-30 lot size, and no construction traffic on Emerald Drive. Mr. Tom Parker, 6300 Emerald Drive, stated he would support the request if Council guarantees that there will be no construction traffic on Emerald Drive, that the wall be constructed prior to the housing construction, and that a quality wall be built, not a wooden fence. Mr. Gregory Scott, 6500 Caldwell Hughes Road, spoke in opposition to the zoning change request. Mr. Fred Huege, 6403 Emerald Drive, spoke in favor of the zoning request on the condition that Council guarantees the land is developed as Mr. Hawkins has proposed. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Frank Carroll read a letter dated March 17, 1999, from Dr. and Mrs. Michael Ootti stating their objections to the project. Dr. and Mrs. Michael Dotti asked that the ordinance be tabled until they can be present, that the Council require a wall be placed around the property, and indicated that they have serious concerns about the development of the property as R-20 and R-30 rather than R-40 or remain agricultural. Mr. John Hawkins was present to answer questions of the Council. 3 CITY COUNCIL MINlITES MARCH 23, 1999 Oiscussion ensued regarding the permanence of the plan, traffic concerns, quality of the wall surrounding the sub-division, the emergency "crash gate", a contract agreement between the developer and residents of Jewell Estates, and regarding zoning the property as PUD-R, which would allow the Council to make certain requirements of the developer. Mr. Hawkins agreed to commit in writing to certain provisions. Councilman Thibodeaux moved to table Ordinance 0-99-1148, with instruction to staff to include this item on the Agenda only after the plat is ready for action by the Council. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1149 - Amending Ordinance 0-95-984, increasing the rates for collection of garbage and recycling for residential service, and collection of garbage for commercial service Mayor Newton opened the public hearing and read the caption of Ordinance 0-99- 1149. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Ordinance 0-99-1149. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp. Nays: None Councilman Thibodeaux made a motion to amend Ordinance 0-99-1149, stating any rate increase request during the period of this extension shall be limited to the DFW CPI or 4%, whichever is less on an annual basis. 4 CITY COUNCIL MINUTES MARCH 23,1999 Councilman Helling seconded. 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 0-99-1150 - Amending Ordinance 0-95-984, extending the length of the garbage and recycling collection contract an additional two years Mayor Newton opened the public hearing and read the caption of Ordinance 0-99- 1150. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Ordinance 0-99-1150. Councilman Thibodeaux 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 0-99-1151 - Municipal Consent Ordinance for Southwestern Bell Telephone Company to provide telecommunications services in the City of Colleyville City Manager Bob Stripling gave a brief overview of the proposed ordinance. Mayor Newton opened the public hearing and read the caption of Ordinance 0-99- 1151. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Mayor Pro Tem Arp moved to approve Ordinance 0-99-1151. 5 CITY COUNCIL MINUTES MARCH 23,1999 Councilman Carroll seconded 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 0-99-1152 -Adopting the fiscal year 1999 budget for the Colleyville Crime Control and Prevention District Mayor Newton opened the public hearing and read the caption of Ordinance 0-99- 1152. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Ordinance 0-99-1152. 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. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1153 - Zoning change from AG, R40, and R20 to PUD-R (planned unit development- residential), approximately 237 acres of land located on the north side of McDonwell School Road, east of Herbert Road and west of Westcoat Drive Mayor Newton opened the public hearing and read the caption of Ordinance 0-99- 1153. Ms. Linda Baker, 404 W. McDonwell School Road, requested that additional information be required from Planning and Zoning and the developer prior to approval of the zoning change. 6 CITY COUNCn.. MINUTES MARCH 23, 1999 There were no others wishing to speak concerning this item and Mayor Newlon closed the public hearing. Staff explained that the normal site plan was not submitted by the developer because of the size of the development; instead the developer submitted a conceptual plan showing general land use arrangements. Approval of the conceptual site plan does not relieve the developer of the requirement to submit a preliminary plan. Oiscussion ensued regarding lot sizes and overall density, open space requirements, entry points, traffic impact, and drainage issues. The Council asked staff to set up a worksession with Mr. Bagwell for the purpose of examining the preliminary plans. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1154 - Zoning change from AG to R20 (single family residentialJ minimum 20,000 s.t.) on an 8,581 sJ. portion of Lot 17, Block 3, Pebble Hill Plantation Estates to incorporate into Lot 16 located at 7407 Pebble Hill Orive Mayor Newlon opened the public hearing and read the caption of Ordinance 0-99- 1154. There was no one present wishing to speak concerning this item and Mayor Newlon closed the public hearing. Staff gave a brief overview of the proposed rezoning request. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1155 - A request by the City to consider an amendment to the Colleyville Subdivision Regulations to amend Section 1, General Provisions, regarding staff approval of amended plats and the definition of minor subdivisions Mayor Newlon opened the public hearing and read the caption of Ordinance 0-99- 1155. There was no one present wishing to speak concerning this item and Mayor Newlon closed the public hearing. ~ 7 CITY COUNCIL MINUTES MARCH 23, 1999 Staff gave a brief explanation for the request to amend the Colleyville Subdivision Regulations. 12. READING AND PUBLIC HEARING - Resolution R-99-1486 - Approving a waiver of perimeter street improvement fees request from AI Grassi for Lots 1 and 2, Grassi Addition located at 5501 Montclair Drive Mayor Newton opened the public hearing and read Resolution R-99-1486 in its entirety. 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-99-1486. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-99-1487 - Approving the reduction of perimeter street fees for the proposed Bridlewood Estates, Phase 2 Mayor Newton opened the public hearing and read Resolution R-99-1487 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Staff gave an explanation of the request for reduction of the perimeter street fees. Mr. Terry Sandlin, TLS Homes, Inc., 4402 Eaton Circle, was present to answer questions of the Council. Councilman Thibodeaux moved to deny Resolution R-99-1487. Councilman Carroll seconded the motion. Councilman Thibodeaux withdrew his motion to deny Resolution R-99-1487. 8 CITY COUNCIL MINUTES MARCH 23, 1999 Councilman Carroll withdrew his second to the motion. Councilman Helling moved to amend Resolution R-99-1487, approving the reduction of perimeter street fees to $10,000 for the proposed Bridlewood Estates, Phase 2. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Thibodeaux, Tigue and Mayor Pro Tem Arp Nays: Councilman Carroll Mayor Newton declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-99-1488 - Approving a waiver of perimeter street improvement fees request from Frank Ritz for Lot A2, Block 1, Highland Acres Addition located at 5316 Bransford Road Mayor Newton opened the public hearing and read Resolution R-99-1488 in its entirety. 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-99-1488. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-99-1489 - Ordering the repair, removal, or demolition of substandard structures on Lots 10D and 10E, Block 1, Westcoat Place Addition, known as 6205 Westcoat Drive and to cause the cost of such work to be paid and levied as a special assessment against the property Staff explained the process taken to notify the property owner of intent to repair, remove or demolish structures and gave an overview of the substandard condition of the structures at 6205 Westcoat Drive. Mayor Newton opened the public hearing and read Resolution R-99-1489 in its entirety. 9 CITY COUNCIL MINUTES MARCH 23,1999 Ms. Beverly Thorne, 6212 Westcoat Drive, Ms. Mary Brothers, 6208 Westcoat Drive, Mr. Charles Simmons, 6303 Westcoat Orive, and Dr. David Thorne, 6212 Westcoat Orive, spoke in favor of Resolution R-99-1489. Mr. Russell King, 1523 Lingleville Road, Stephenville, Texas 76401, legal counsel for Mr. Phil Guiles, requested that Council allow Mr. Guiles sixty days in which to remove items from the property. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Phil Guiles, owner of the property at 6205 Westcoat Orive, was present to answer questions of the Council. Councilman Helling moved to approve Resolution R-99-1489, ordering the demolition of the substandard structures and clean-up of the property in accordance with the Uniform Housing Code and be properly secured prior to demolition. Mayor Pro Tem Arp seconded the motion. Councilman Carroll moved to amend Resolution R-99-1489, ordering the demolition of the substandard structures and clean-up of the property in accordance with the Uniform Housing Code no later than April 20th and be properly secured prior to demolition. Councilman Helling and Mayor Pro Tem Arp stated their acceptance of the amendment. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-99-1490 - Approving and authorizing the giving of notice of intention to issue Certificates of Obligation, Series 1999 Mayor Newton opened the public hearing and read Resolution R-99-1490 in its entirety. 10 CITY COUNCIL MINUTES MARCH 23,1999 Mayor Pro Tem Arp moved to approve Resolution R-99-1490. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 18. COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT BOARD OF DIRECTORS MEETING MINUTES - 3/2/99 PLANNING AND ZONING COMMISSION MINUTES - 2/22/99 AND 3/8/99 PARKS AND RECREATION ADVISORY BOARD MINUTES - 3/1/99 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 23, 1999- Reading and Public Hearing - Resolution R-99-1485 This Resolution was not needed. r- 11 CITY COUNCIL MINUTES MARCH 23, 1999 ADJOURNMENT: 21. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the meeting adjourned at 11 :50 p.m. APPROVED THIS (iff DAY OF kL AYES, 0 NAYS, AND () ABSTEN IONS. ,1999, BY A VOTE OF $ Minutes taken and prepared by: ty1da- ~~ Cynthia Singleton Office Assistant 12