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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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