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HomeMy WebLinkAboutCity Council-Minutes-10/19/1999 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER 19, 1999 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on October 19, 1999, at 6:52 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, Public Works Manager Randy Brown, Community Development Manager Barry LeBaron, Development Coordinator Clayton Husband, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION -In accordance with Texas Government Code Chapter 551, 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 Texas Government Code Chapter 551, 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 6:54 p.m., and reconvened at 1:35 p.m. The invocation was given by Reverend David G. Rose, First Assembly of God Church, after which Ross Foster led the Pledge of Allegiance. CITY COUNCIL MINUTES OCTOBER 19, 1999 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mr. Ed McKnight introduced Boy Scouts from Troop 28. Mayor Arp presented a proclamation for Domestic Violence Month to Bonnie Carroll representing the Women's Shelter. Ms. Carroll thanked the Council for their support. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-99-1558- Consent Items: a. Approval of minutes of the regular City Council meeting of October 5, 1999 b. Approval of a Revised Preliminary Plan for Timarron Addition - Cascades Phase 3 requested by Richard Payne, Carter & Burgess, Inc., 21.626 acres located on the north side of John McCain Road in the 2000 block ;- c. Approval and ratification of the recommendation of the Sign Board of Appeals to grant a variance from the front yard setback requirement of Section G(2)(c)(3) of the Colleyville Sign Code, for a free standing sign to be located at the Railhead Smokehouse Restaurant at 5220 State Highway 121 d. Approval of a Drought Contingency Plan e. Approval of a bid award for 1999 Pavement Repair Contract to Kat-Ran Asphalt Works in an amount not to exceed $55,000 f. Approval of an agreement for professional services for the Pleasant Run Property Master Plan and authorize the use of Voluntary Park Funds, in the amount of $13,500 g. Confirmation of a contract to purchase 1.9345 acres known as Tract 1 F out of the Nancy B. Looney Survey, Abstract No. 931, Tarrant County for the sum of $500,000 and authorizing the Mayor to execute the necessary documents to complete this transaction 2 CITY COUNCIL MINUTES OCTOBER 19, 1999 h. Confirmation of a contract to purchase 4.36 acres out of the J.M. Looney Survey, Abstract No. 936, Tarrant County for the sum of $664,126 and authorizing the Mayor to execute the necessary documents to complete this transaction I. Approval of a change order for J. L. Bertram in the amount of $30,486.80, for the south entry monument civil work for placement of fill and installation of drainage and guardrail improvements Mayor Arp opened the public hearing and read Resolution R-99-1558 in its entirety. Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding the city purchasing land. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue moved to approve Resolution R-99-1558. 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. SECOND 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. Ms. Beth Joseph, 3600 Pool, spoke regarding the activities on her property and the designation for tax purposes. 3 CITY COUNCIL MINUTES OCTOBER 19, 1999 Ms. Nancy Magee, 2501 Highland Meadows Drive, Mr. Justin Joseph, 1108 Greenpoint Circle, Fort Worth, Ms. Maureen Hebert, 1905 Waterford, Grapevine, Ms. Sherrie Alexander, 1336 Plumwood, NRH, Mr. Edgar Alvarez, 105 Greymoor Place, Southlake, Ms. Kay Gilliam, 3311 Marsh Lane, Grapevine, Ms. Angie Madison, 2603 Highland Meadows Drive, Ms. Megan Dunn, 1901 Cranbrook Drive South, Ms. Natalie Newton, 6101 Lansford Drive, Ms. Catherine Brown, 3433 Wintergreen, Grapevine, Ms. Alyssa Paskell, 1405 Pebble Hill Drive, Ms. Angie Boyette, 3101 Mustang Drive, #9, Grapevine, and Mr. Andrew Madison, 1603 Highland Meadows Drive, spoke in favor of the proposed rezoning. Mr. John DeRoche, 6101 Hillbrook Drive, spoke regarding the meeting held among property owners and the applicant prior to the first public hearing and expressed his concerns for the property being used for a different use in the future, if sold. Ms. Susan Gammon, 3650 Pool Road, spoke regarding the traffic and stated her opposition to the business being run on Ms. Joseph's property. Mr. Bobby Starnes, 2606 Highland Drive, advised that he had been on Mr. Gammon's property while a birthday party was taking place on Ms. Joseph's property and stated that the noise is a nuisance. Mr. Bob Gammon, 3650 Pool Road, spoke regarding the need for restrictions on the number of parties held on Ms. Joseph's property. Ms. Melinda Smith, 3505 Meadowside, Bedford, Attorney representing Ms. Joseph, spoke regarding the "track record" of Ms. Joseph, limiting the number of events, and requested approval by the Council. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Tigue advised that Richard Newton had called to advise that he was ill and stated his support for Ms. Joseph. 4 CITY COUNCIL MINUTES OCTOBER 19, 1999 Discussion ensued regarding the conducting of a commercial business in a residential neighborhood, reaching a compromise, possible future changes in ownership of the property, allowing the birthday parties, amending section A 1 c of the proposed Ordinance, enforceability, replacing section A1d with specific times of operation for commercial activity at this location, provisions for erecting the screening fence, adding a statement to section C2 of the proposed Ordinance regarding the constant maintenance of the fence, limiting the number of attendees at the birthday parties to 50 including employees, family members, etc., time limits on the parties, enforcing the city's nuisance ordinance, the average size/number of attendees at a party, and hours of evening class time. Councilman Carroll moved to approve Ordinance 0-99-1183 with the following amendments, Section A1c - add children's birthday parties, Section A1d - deleted as written, insert: commercial activities limited to the hours of 10 a.m. - 5:00 p.m. Monday through Saturday; Noon - 5:00 p.m. on Sunday; adding Section A1e - One weekday per week, one pony class allowed until 1:00 p.m.; and amending Section C2 - adding a statement, that the fence will be continuously maintained in good repair so long as commercial activities are conducted on the property. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 5. SECOND 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 Applicant requested this item be withdrawn from the Council's agenda. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-99-1185 - Zoning change request by C. L. Madden, III, from AG (agricultural) to R20 on 3.125 acres located at 6112 Hunter Lane Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1185. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 5 CITY COUNCIL MINUTES OCTOBER 19, 1999 Discussion ensued regarding subdividing rural plots of land, road repairs, number of anticipated lots, extension of the street, perimeter street fees, width of Hunter Lane, and addressing platting issues at a later date. Mr. Madden was present to answer questions of the Council. Councilman Tigue moved to approve Ordinance 0-99-1185. The motion died for lack of a second. Councilman Tigue moved to approve Ordinance 0-99-1185. Councilman Taylor seconded the motion. Councilpersons Tigue and Taylor withdrew the motion and second. Mayor Pro Tem Thibodeaux moved to table Ordinance 0-99-1185. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1181 - Consideration of a Special Use Permit for a carport to be constructed at 4111 York Drive, requested by Richard C. Henschel Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1181. Mr. Howard Garecky, 4209 Cheshire Drive, spoke in favor of the proposed carport as long as the materials and quality meets with the construction of the home. He stated concerns with substandard structures and line of site from the street. Mr. Richard Henschel, 4111 York Drive, spoke regarding the aesthetics of the proposed carport and requested the Counci I approve the request. Mr. Ron Hicks, 1613 Dorset Drive, spoke in opposition to the special use permit as proposed. 6 CITY COUNCIL MINUTES OCTOBER 19, 1999 There were no others wishing to speak regarding this item and Mayor Arp closed the public hearing. Discussion ensued regarding the proposed carport and compliance with city ordinances. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-99-1188 - Zoning change request by Burk Collins, from AG to R40 (single family residential, minimum lot size 40,000 s.f.) on 1.010 acres located in the 1300 block of Holly Lane, on the east side of the street Mayor Arp opened the public hearing and read the caption of Ordinance 0-99-1188. Mr. Jackey Fluitt, Washington & Associates, representing Burk Collins, was present to answer questions of the Council. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 9. READING AND PUBLIC HEARING - Resolution R-99-1560 - Declaring expectation to reimburse land purchase expenditure with proceeds of future debt Mayor Arp opened the public hearing and read Resolution R-99-1560 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Carroll moved to approve Resolution R-99-1560. Councilman Taylor seconded the motion. Ayes: Council persons Short, Taylor, Carroll, Tigue, and Mayor Pro Tem Thibodeaux Nays: None Mayor Arp declared the motion carried. 7 CITY COUNCIL MINUTES OCTOBER 19, 1999 STAFF REPORTS: 10. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 11. PLANNING AND ZONING COMMISSION MINUTES -10/11/99 ZONING BOARD OF ADJUSTMENT MINUTES -10/12/99 SIGN BOARD OF APPEALS MINUTES - 9/30/99 There was no action taken on this item. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 19, 1999 - Reading and Public Hearing - Resolution R-99-1559 This Resolution was not needed. ADJOURNMENT: 14. 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 8 CITY COUNCIL MINUTES Mayor Arp declared the meeting adjourned at 9:30 p.m. APPROVED THIS 3C.d AYES, 0 NAYS, AND OCTOBER 19, 1999 DAY OF N () ve. ~6 e-r ,1999, BY A VOTE OF LC) o ABSTENTIONS. Minutes taken and prepared by: J~~~ City Secretary 9