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HomeMy WebLinkAboutCity Council-Minutes-9/7/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 7, 1999 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on September 7,1999, at 6:47 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Frank Carroll, Ginny Tigue, and Mayor Pro Tern Nelson Thibodeaux were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Ken Kolsti, Finance Director Terry Leake, Police Chief John Young, Director of Public Services Bob Whitehead, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Human Resources Representative Kelly Cooper, 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. 551.071 - Sec. 551.072- Sec. 551.072- Sec. 551.072- Sec. 551.072 - Sec. 551.074- Legal - Chelsea Park Neighborhood Association, Inc., law suit Property Acquisition - John McCain Road Property Acquisition - Colleyville Boulevard Property Acquisition - Pleasant Run Road Property Acquisition - Bluebonnet Drive 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 0, 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 6:49 p.m., and reconvened at 7:43 p.m. CITY COUNCIL MINUTES SEPTEMBER 7, 1999 Sister Dorothy Eggering, Good Shepherd Catholic Community Church gave the invocation, 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 Carroll announced that the Chelsea Park Homeowner's Association has agreed to drop their lawsuit without cost to the City. Councilman Carroll announced that a meeting had been held with Vickie Truitt regarding the recent Legislative Session. He complimented Representative Truitt on communicating with the city. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1541 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 17, 1999 b. Approval of minutes of the City Council worksession held August 10, 1999 c. Approval of a developer's agreement extension for Realty Capital d. Approval of a revised preliminary plan for Lots 2R & 6-12, Block 2 and Lot 3, Block 1, Heritage High School Addition requested by Mark B. Hannon, 9.72 acres & 2.14 acres located at Gateway Drive and State Highway 121 e. Approval of the appointment of C. L. "Smokey" Vanover to the Colleyville Crime Control and Prevention District Board of Directors f. Approval of an Interlocal Agreement for Metroport Teen Court Mayor Arp opened the public hearing and read Resolution R-99-1541 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 2 CITY COUNCIL MINUTES SEPTEMBER 7, 1999 Councilman Tigue moved to approve Resolution R-99-1541. Councilman Carroll seconded the motion. Ayes: Council persons 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 0-99-1172 - Zoning change request by David Whisenant, from R20 to PUD-R on 27.166 acres located on the north side of Glade Road in the 1100-1200 block Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1172. Mr. Jim Moore, 1416 Glade Road, spoke regarding this property being a portion of the Master Plan designated as commercial. Ms. Maurine Weiman, 1204 Glade Road, Mr. David Hannah, 200 W. Mill Valley, Ms. Norlene Gowdy, 5105 Oak Timber Court, Ms. Jan Collins, 5013 Oak Timber Court, and Ms. Carol Dacy, P. O. Box 1, spoke in favor of the requested zoning change. Ms. June Quenechet, 5005 Oak Timbers Court, spoke in favor and requested the houses behind her home, be single story. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding comparison of lots to the Lakewood subdivision. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1173 - Zoning change request by Richard Myers for the Barbara Gordon Montessori School, from AG to CC-2 (shopping center) and a Special Use Permit for a private school, on 8.675 acres located at 1513 Hall-Johnson Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1173. 3 CITY COUNCIL MINUTES SEPTEMBER 7, 1999 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1174 - Consideration of an amendment to the Subdivision Regulations to revise the Erosion and Sedimentation Control Regulations Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1174. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the opinions of local developers regarding this Ordinance and the purpose of the Ordinance. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1175 - Adoption of the proposed Fiscal Year 1999-2000 Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1175. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1176 - Setting the Ad Valorem Tax Rate for Fiscal Year 1999-2000 Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1176. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the tax rate remaining the same and opening the new fire station this year within budget. 4 CITY COUNCIL MINUTES SEPTEMBER 7,1999 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1177 - Amending Ordinance 0-92-880 setting fees and charges for city services and facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1177. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1178 - Establishing the Municipal Court Technology Fund and setting the technology fee at $4.00 Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1178. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1179 - Establishing a Municipal Court Building Security Fund and setting a $3.00 security fee Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1179. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-99 -1180 - Approving 20- year retirement provision for Texas Municipal Retirement System (TMRS) Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1180. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 5 CITY COUNCI L MINUTES SEPTEMBER 7,1999 13. READING AND PUBLIC HEARING - Resolution R-99-1543 - Appointing a member of the City Council to the Colleyville Economic Development Corporation Board of Directors Mayor Arp opened the public hearing and read Resolution R-99-1543 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Thibodeaux moved to approve Resolution R-99-1543, appointing Councilman Mike Taylor to the CEDC Board of Directors. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tern Thibodeaux Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-99-1544 - Approving a library consulting agreement for library services with intertwining.org and authorizing use of Voluntary Library Funds in an amount not to exceed $10,000 Mayor Arp opened the public hearing and read Resolution R-99-1544 in its entirety. Mr. Jim Moore, 1416 Glade Road, Ms. Lynda Davis, 4600 W. Jim Mitchell, Ms. Susan Barzelay, 4508 Alexandra Drive, and Ms. Suzanne Messina, 6907 Glenview, spoke in opposition to the proposed Resolution, questioning the necessity of hiring the proposed consultant and requesting the Council look to the Library Task Force for answers. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 6 CITY COUNCIL MINUTES SEPTEMBER 7, 1999 Discussion ensued regarding the work done by the Task Force, not eliminating the Task Force, combining the information of this consultant with information we already have, taking all information into consideration, funding from bonds, voluntary funds, economics, participating in the Grapevine Library, the failure to get cooperation from other cities for a joint library, finding a way to accomplish a library that would please all citizens, identification of this consultant, and the funding not being available for the type of library the Task Force recommended. The Council thanked the Task Force for their efforts. City Manager Bob Stripling explained that he has researched electronic library focuses and interviewed several people regarding this issue. Councilman Carroll moved to approve Resolution R-99-1544. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-99-1545 - Approving a contract with Carter Burgess in the amount of $22,200 for entranceway plans Mayor Arp opened the public hearing and read Resolution R-99-1545 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in opposition to the proposed placement of the entranceway monument at the south entrance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the placement of the monument being chosen due to the property being donated, one side of the street being in Hurst prior to the proposed location, and the proposed northern location. Councilman Tigue moved to approve Resolution R-99-1545. 7 CITY COUNCIL MINUTES SEPTEMBER 7,1999 Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-99-1546 - Approving the Master Plan for Bransford Park Mayor Arp opened the public hearing and read Resolution R-99-1546 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the number of croquet or badminton players there are in the city, maintenance, and restoration of the storm shelter. Mr. Larry O'Flynn, Carter & Burgess, spoke regarding the proposed design, desire of the committee to allow for games played in the historical era of which the home on the property was utilized. Mayor Pro Tem Thibodeaux moved to approve Resolution R-99-1546. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-99-1547 - Approving an agreement with Newman, Jackson, and Bieberstein for preparation of the McPherson Park Master Plan and authorizing use of Colleyville Economic Development Fund monies Mayor Arp opened the public hearing and read Resolution R-99-1547 in its entirety. 8 CITY COUNCIL MINUTES SEPTEMBER 7,1999 There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. Councilman Short moved to approve Resolution R-99-1547. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. ACTION ITEMS: 18. DISCUSSION AND CONSIDERATION OF COVENANT CHRISTIAN ACADEMY PUD-C Councilman Carroll moved to suspend the rules to allow the citizens to speak. 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. Mr. Allan Werst, 3808 Wayne Drive, representing some of the Wayne Drive residents, spoke regarding the definition of "masonry", traffic problems, a reply of the city manager, construction beginning prior to the fencing being built, Uniform Building Code definition of "masonry", Funk & Wagnell's definition of "masonry", times the children can use the fields, and notes on the plat. Ms. Katie Hom, and Mr. Ellis Hom, 3805 Wayne Drive, spoke in opposition to the fence as it has been built. There were no others wishing to speak conceming this item. 9 CITY COUNCIL MINUTES SEPTEMBER 7, 1999 Discussion ensued regarding the criticism the City Manager has received, placement of a school in a residential area, trying to make the ordinance "fit", interpretation of the ordinance, definition of "masonry", rights of the residents on Wayne Drive, fencing throughout the City, the planting of vegetation to block the fence, interpretation of the Mayor of her intent when she made the motion for "masonry", the difference in polymer and masonry, future interpretations, integrity of the fence, wind load on the fence, maintenance of the fence, the possibility of a law suit if Council instructs the fence to be removed, options available, the compromise between applicant and residents that was believed to have been reached at the time the ordinance was passed, separation or screening required between uses, visual barrier, noise abatement, and aesthetics. Councilmembers commended Councilman Carroll for standing up for the citizens on Wayne Drive. City Attorney Ross Foster, advised that the ordinance should be. enforced, that the ordinance is not clear regarding masonry, but that materials have changed over the years and that the materials that have been used in the construction of the fence in question are considered masonry. He further advised that it is the City Manager's position to interpret the ordinances of the City. Councilman Carroll moved to require Covenant Christian Academy to remove the fence at their own expense and construct a fence on lots 3, 4, and 5 made out of brick or stone, set in mortar by a mason. The motion died for lack of a second. City Manager Bob Stripling, advised that the Academy had agreed to plant photinias or some other landscaping in order to screen this wall, but that there was no guarantee the fence would be covered within one year. TABLED ITEMS: 19. 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. 10 CITY COUNCIL MINUTES SEPTEMBER 7, 1999 20. CONSIDERATION OF ORDINANCE 0-99-1171 - Establishing rules and regulations governing the construction and use of City public rights-of-way There was no motion to remove this item from the table. REPORTS: 21. PLANNING AND ZONING COMMISSION MINUTES - 8/9/99 and 8/23/99 ZONING BOARD OF ADJUSTMENT MINUTES - 8/10/99 PARKS AND RECREATION ADVISORY BOARD MINUTES - 8/9/99 There was no action taken on this item. CITIZEN COMMENTS: 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 7,1999 - Reading and Public Hearing - Resolution R-99-1542 This Resolution was not needed ADJOURNMENT: 24. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Mayor Pro Tem Thibodeaux seconded the motion. 11 CITY COUNCIL MINUTES SEPTEMBER 7, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tern Thibodeaux Nays: None Mayor Arp declared the meeting adjourned at 9:50 p.m. APPROVED THIS 21st DAY OF ::?ePf~m.b.er ,1999, BY A VOTE OF , AND ABSTENTIONS. AYES, Minutes taken and prepared by: Jean Harris, TRMC, CMC City Secretary 12