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HomeMy WebLinkAboutCity Council-Minutes-5/18/1999 MINUTES OF THE COLLEYVlLLE CITY COUNCIL MEETING MAY 18,1999 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on May 18, 1999, at 6:45 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Frank Carroll, Ginny Tigue, and Mayor Pro Tem Nelson Thibodeaux were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Administrative Intern Ken Kolsti, Oirector of Public Services Jim Foster, Community Oevelopment Manager Barry LeBaronJ Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Fire Chief Mike Johnston, Police Chief John Young, 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 Arp 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. She 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 7:33 p.m. CITY COUNCIL MINUTES MAY 18,1999 The invocation was given by Councilman Jody Short, 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 Councilman Tigue announced that she and Mayor Pro Tem Thibodeaux had attended the Police Safety Fair on Saturday and stated that it was well attended. She further stated that the Police staff had done well in organizing and executing the Fair. Mayor Arp announced that she and most of the Council had attended the Public Works "Road-e-o". Mayor Pro Tem Thibodeaux complimented Randy Brown and the Public Works Department on the success of the "Road-e-o". Chief Mike Johnston and Johnny Collins explained the Fire Prevention Program and presented a proclamation to Lance and Sue Brown, Allstate Insurance, Lance Brown Agency, for their contributions to the Program. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1505 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 4, 1999 b. Approval of the abandonment of a 10' wide utility easement located in the center of Lot 1, Block 1, McPike Addition located at 6917 Westcoat Orive c. Approval of the relocation of a 25' wide drainage easement on Lot 7R- 4, Tillman Acres Addition located at 7505 Tillman Hill Road Mayor Arp opened the public hearing and read Resolution R-99-1505 in its entirety. 2 CITY COUNCIL MINUTES MAY 18,1999 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-99-1505. Councilman Carroll seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1163 - Zoning change from PUO-R to R40 (single family residential, 40,000 s.f. min.) on approximately 12 acres on the north side of Glade Road at 1300 Glade Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99- 1163. Mr. Jim Moore, 1416 Glade Road, spoke regarding the shortage of commercial land and asked the Council to deny this zoning change request. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. David Hannah, 200 W. Mill Valley, applicant, spoke regarding the minimum lot sizes, the change in zoning 10 years ago to PUD-R, opposition of the public, and stated his support for increased sales taxes. Mr. Ross Calhoun, 1905 Industrial Boulevard, spoke regarding landscapingJ frontage on Riverwalk Orive, screening fences/walls, and stated his support of constant review of the City's Master Plan. 3 CITY COUNCIL MINUTES MAY 18,1999 Oiscussion ensued regarding lot widths, variance to the city's ordinance regarding lot widths, use of the land under the City's current Master Plan, zoning on surrounding pieces of property, and the generation of sales taxes by office-type businesses. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1164 - Zoning change from ML to CC-2 (commercial shopping center) with a SUP for a Day Care Center on 4.213 acres located on the east side of Colleyville Boulevard, in the 6800 block Mayor Arp opened the public hearing and read the caption of Ordinance 0-99- 1164. There was no one present wishing to speak concerning this item, and Mayor Arp closed the public hearing. Mr. Larry Moore, Denver, Colorado, applicant, presented a proposal to build a day care center built of glass and stucco for approximately 340 students. He advised that approximately only 175 students would be in the building at one time and that the building would include a library, gymnasium, a creek through the interior, a nursery, an after school program, tennis courts, and soccer goals. He spoke regarding the hours of operation, security for the children, video cameras in classrooms, fencing, a park-like buffer zone from the adjacent residential area, and curriculum. Discussion ensued regarding the number of centers of this type, demographics, the significant opposition expressed at the Planning and Zoning Commission meeting, and the effort of the applicant to work with the surrounding neighbors to get approval for this request. 6. READING AND PUBLIC HEARING - Resolution R-99-1507 - Request of First Baptist Church to place eight portable buildings at 5401 Pleasant Run Road Mayor Arp opened the public hearing and read Resolution R-99-1507 in its entirety. 4 CITY COUNCIL MINUTES MAY 18,1999 Mr. Ed Baker, 6106 Highland Hills, representing the Faith Christian School, advised the Council that the concerns regarding the zoning issues would be addressed in order to receive approval. Mr. Robert Figueroa, 817 Central Drive, spoke in opposition, stating his concern for the time limit and for the generation of taxes. He requested, if approved, the Church be required to fence the property around the temporary buildings. Mr. John Fegan, 412 Briarcliff, representing Faith Christian School, stated there would be fencing, landscaping, signage, safety guards, and traffic patterns. He requested a maximum time limit of 18 months. Mr. Steven Groffman, 815 Central Drive, spoke regarding traffic, and stated his concerns for the appearance of the buildings, the construction of the buildings, time limits and the generation of taxes. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Randy Summers, applicant, advised that the buildings would be used for Sunday school space on Sundays, replacing the space that burned recently, and that this would be a win/win proposition for both FBCC and Faith Christian School while both the Church and the School were building their respective buildings. Oiscussion ensued regarding the number of students, traffic, construction of the buildings, the fire marshal's memo, installing sprinkler systems in the buildings, installing phones in each building, placement of fire extinguishers, zoning, use of buildings for church activities prior to the zoning being changed, requiring 40' between buildings, the rebuilding time frame for the church's burned out building, and the intent to remove the buildings in one year. Mayor Pro Tem Thibodeaux moved to approve Resolution R-99-1507, with an amendment, adding the requirement of 40' between the buildings. Councilman Carroll seconded the motion. 5 CITY COUNCIL MINUTES MAY 18,1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-99-1508 - Establishing a policy concerning the disclosure of confidential matters by Council members and others authorized to attend executive sessions Mayor Arp opened the public hearing and read Resolution R-99-1508 in its entirety. Mr. Ed Baker, 6106 Highland HillsJ stated his support of Frank Carroll regarding this ethics issue and urged the Council to pass this Resolution as written. Mr. Jim Moore, 1416 Glade Road, spoke regarding the release of information, integrity of the Council, and the enforcement of the proposed Resolution. Mr. Steven Helling, 5503 Normandy Orive, spoke regarding cohesiveness and trust among the Council. Mr. C. L. "Smokey" Vanover, 1801 Avondale Drive, spoke regarding the Council being elected by the citizens and asked that they "keep it clean". There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding who makes rulings on these types of issues, the First Amendment, criticism of the Mayor for speaking to a citizen, publication of information, access by the citizens to open records, supporting teamwork, the wording in Sec. 2 of the proposed Resolution, importance of ethics, attorney/client privilege, the Texas Open Meetings Act, the seriousness of executive sessions, avoiding litigation, obligation of council to make public disclosure, challenges in court, public disclosure to all citizens, appropriate conduct by council, disclosures being detrimental or beneficial to the citizens, open/closed city government, guarding against giving unfair advantages, setting precedence, and the offensiveness of the proposed Resolution. 6 CITY COUNCIL MINUTES MAY 18,1999 Mayor Pro Tem Thibodeaux presented an optional resolution and moved for approval. Councilman Carroll seconded the motion. Discussion ensued regarding the limitations of the original resolution, the need for a forward looking resolution, council's having a code of conduct, this issue being brought up at a candidates forum prior to the election, the cost to the taxpayers, allowable executive session topics, ethics provisions, support of the Open Meetings Act, and the "potential litigation - Villas at Caldwell's Creek" issue first appearing on the Council's agenda on Oecember 2, 1997. The vote on the Resolution proposed by Mayor Pro Tem Thibodeaux was as follows: Ayes: Councilpersons Short, Taylor, Carroll, and Mayor Pro Tem Thibodeaux Nays: Councilman Tigue Mayor Arp declared the motion carried. TABLED ITEMS: 8. CONSIDERATION OF ORDINANCE 0-99-1148 - 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 Drive There was no motion to remove this item from the table. STAFF REPORTS: 9. MONTHLY FINANCIAL REPORT There was no action taken on this item. 7 CITY COUNCIL MINUTES MAY 18,1999 REPORTS: 10. PLANNING AND ZONING COMMISSION MINUTES - May 10,1999 There was no action taken on this item. CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Steve McGee, 6900 Shepherds Glenn, commended Engineer Chris Steubing, for his effort is assisting Mr. McGee in solving a problem before it became a legal issue. ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 18, 1999- Reading and Public Hearing - Resolution R-99-1506 This Resolution was not needed. ADJOURNMENT: 13. 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 9:25 p.m. /"-- 8 CITY COUNCI L MINUTES MAY 18,1999 APPROVED THIS .5 AYES, 0 I f} DAY OF Jun L. , 1999, BY A VOTE OF NAYS, ANO c-.. ABSTENTIONS. . les laken av:::..,: J n Harris, TRMC, CMC City Secretary 9