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Home My WebLink AboutCity Council-Minutes-10/5/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER OS, 1999 The regular meeting of the Colleyville City Council meeting was called to order by Mayor Donna Arp on October 5, 1999, at 6:48 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, Financial Analyst Ken Kolsti, Director of Public Services Bob Whitehead, Development Coordinator Clayton Husband, Fire Chief Mike Johnston, Parks and Recreation Manager Monica Sue Walsh, 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. 551.012 - Sec. 551.012- Sec. 551.012 - Sec. 551.012 - Sec. 551.014- 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 D, Section 551.012 - Property Acquisition and Section 551.014- Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m., and reconvened at 1:42 p.m. The invocation was given by Reverend Rankin H. Koch, First United Methodist Church, after which Ross Foster led the Pledge of Allegiance. CITY COUNCIL MINUTES OCTOBER 5, 1999 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Short announced that he had attended a concert in the park and commended the Parks and Recreation Department employees for a job well done. Mayor Arp presented a Proclamation to Fire Chief Mike Johnston for Fire Prevention Month. Chief Johnston thanked the Mayor and Council and advised that fire prevention would be taught in the schools in future weeks. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1554- Consent Items: a. Approval of minutes of the regular City Council meeting of September 21, 1999 b. Approval of a renewal of an I nterloca I Agreement with the City of Grapevine regarding fleet maintenance Mayor Arp opened the public hearing and read Resolution R-99-1554 in its entirety. 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-99-1554. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 2 CITY COUNCIL MINUTES OCTOBER 5, 1999 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1181 - Amending the Zoning Ordinance to establish size requirements for accessory buildings Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1181. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Ordinance 0-99-1181, with an amendment to Exhibit A, Section 24.2(a)2, regarding the number of buildings, changing the wording to no more than one building per lot, an additional building allowed with the approval of a special use permit and the maximum number of buildings being 2. Mayor Pro Tem Thibodeaux seconded the motion. Discussion ensued regarding agriculturally zoned property needing more than two buildings, churches needing additional buildings, limiting the number of buildings with special use permits, limiting the square footage, schools needing additional buildings, policing the ordinance, and grandfathering current buildings. Ayes: Councilpersons Short, Taylor, Carroll, and Mayor Pro Tem Thibodeaux Nays: Councilman Tigue Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1182 - Approving the proposed Fiscal Year 1999-2000 Budget for the Colleyville Economic Development Corporation Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1182. 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 Ordinance 0-99-1182. Councilman Carroll seconded the motion. 3 CITY COUNCIL MINUTES OCTOBER 5, 1999 Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1183 - Zoning change request by Beth Joseph, from R20 to AG (agricultural) or PUD-R (planned unit development - residential) on 5.666 acres located at 3600 Pool Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1183. Mr. Richard Newton, 6101 Lansford Lane, spoke regarding a meeting held with the property owners and the applicant in order to explain the zoning change request and to share information. He stated that it was unanimous that the land should be rezoned leaving the open space as is. He reviewed the proposed changes. Trust on the maintenance of the property. Mr. Robert Gammon, 3650 Pool Road, spoke regarding the meeting, the number of parties held per year, stipulation to change the zoning back to R20 or AG if the property is sold at some future date, and in opposition to the proposed school at this location. Mr. Wade Howard, 3540 Pool Road, spoke regarding traffic problems on Pool Road. Mr. Justin Joseph, 1108 Greenpoint Circle, spoke regarding the limiting of the number of parties, restricting the zoning at 3600 Pool Road but not the zoning on adjacent property, and complaints received in the last five years. Mr. Joseph asked for a show of hands of those present in support and advised that there has been livestock on this property since 1934. Ms. Melinda Watts-Smith, Attorney representing Ms. Joseph, spoke regarding Ms. Joseph acquiring permission from the City in 1995 to operate the current business and advised that there has been no change in the business since that time. Ms. Beth Joseph, 3600 Pool Road, requested the Council allow her to continue her business as it is currently being operated. There were no others wishing to speak regarding this item and Mayor Arp closed the public hearing. 4 CITY COUNCIL MINUTES OCTOBER 5, 1999 The City Council commended Mr. Newton for his efforts in getting the citizens together and the citizens working together to work out their differences. Discussion ensued regarding the results from the meeting, who from the City staff gave permission for Ms. Joseph to operate this business, taxes based on AG zoning, setting parameters and addressing concerns of both the applicant and the surrounding property owners, operating a school on the property, and AG zoning versus PUD-R zoning. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1184 - Zoning Change request by Robert J. Gammon, from R20 to AG (agricultural) on 6.81 acres located at 3650 Pool Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1184. Ms. Susan Gammon, 3650 Pool Road, spoke regarding a letter written requesting the tabling of this item. Mr. Robert Gammon, 3650 Pool Road, spoke regarding the tabling of this item and stated that he wants the same zoning as the Council approves for the property at 3600 Pool Road. Mr. Justin Joseph, 1108 Greenpoint Circle, spoke regarding different zoning on two adjacent properties, treating items 6 and 1 the same regarding the zoning issue, and the school no longer being an issue. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the zoning of PUD-R on the subject property, input from the citizens regarding the intended use of the property, practical enforcement of the provisions in the proposed ordinance, time frame for the school operation if included, and renotification of the surrounding property owners for a change in zoning after the Planning and Zoning Commission hearing has been held. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1185 - Zoning Change request by C. L. Madden, III, from AG (agricultural) to R-20 on 3.125 acres located at 6112 Hunter Lane Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1185. 5 CITY COUNCIL MINUTES OCTOBER 5, 1999 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding lot layouts on this property. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1186 - Clarifying the standards for construction and interpretation of all City of Colleyville codes, ordinances, and resolutions City Manager Bob Stripling requested this item be removed from the agenda. 10. READING AND PUBLIC HEARING - Resolution R-99-1556- Approval of the use of Voluntary Park Fund monies in the amount of $41,236 to serve as a local match for the Cottonbelt Trail, Phase II, Grant Application Mayor Arp opened the public hearing and read Resolution R-99-1556 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 location of the trail. Councilman Tigue moved to approve Resolution R-99-1556. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 6 CITY COUNCIL MINUTES OCTOBER 5, 1999 11. READING AND PUBLIC HEARING - Resolution R-99-1551 - Approving a combination plat for the Sapphire Enclave requested by John Hawkins, 20.565 acres located to the east of Jewell Estates, north of Tinker Road City Attorney Ross Foster advised that Item #12 should be acted upon prior to the approval of this item. He further stated that if Item #12 remained tabled, this item should be denied. Mayor Arp opened the public hearing and read Resolution R-99-1551 in its entirety. Mr. Greg Scott, 6500 Caldwell-Hughes Road, spoke regarding the lack of contact with Mr. Hawkins to discuss this issue. Dr. Michael Dotti, 1310 Tinker Road, spoke regarding potential liability and access to the property. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding stipulations that the council could require, a developer agreement, mediation of a fence by the Council, and acceptance of the streets by the City. Councilman Carroll moved to deny, without prejudice, Resolution R-99-1551. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. TABLED ITEMS 12. CONSIDERA nON OF ORDINANCE 0-99-1148 - A zoning change from AG to R-20 and R-30 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. 7 CITY COUNCIL MINUTES OCTOBER 5, 1999 REPORTS: 13. PLANNING AND ZONING COMMISSION MINUTES - 9/27/99 PARKS AND RECREATION ADVISORY BOARD MINUTES - 09/13/99 There was no action taken on this item. CITIZEN 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 OCTOBER 05, 1999 - Reading and Public Hearing - Resolution R-99-1555 This Resolution was not needed. ADJOURNMENT: 16. 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 Tern Thibodeaux Nays: None Mayor Arp declared the meeting adjourned at 9:25 p. m. ~ 8 CITY COUNCIL MINUTES OCTOBER 5, 1999 APPROVED THIS -1q~ DAY OF D~+Ohtr AYES, 0 NAYS, AND D ABSTENTIONS. ,1999, BY A VOTE OF 5 Minutes taken and prepared by: U~ J n Harris, TRMC, CMC City Secretary .~ 9