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HomeMy WebLinkAboutCity Council-Minutes-7/7/1998 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JULY 07,1998 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on July 7, 1998, at 6:47 p.m. ROLL CALL: Councilpersons Steven Helling, Frank Carroll, Ginny Tigue, and Mayor Pro Tem Donna Arp were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Director of Public Services Jim Foster, Economic Development Manager Mike Soab, Public Works Manager Randy Brown, Acting Community Development Manager Tom Niederauer, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilman Nelson Thibodeaux was absent. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.074 - Legal - Elder Construction Law Suit Legal - Caldwell's Creek Law Suit Legal - Murray Construction Law Suit Property Acquisition - Pleasant Run Road 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 Newton advised that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal, Section 551.072- Property Acquisition, and Section 551.074 - Personnel. He further advised 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. 1 CITY COUNCIL MINUTES JULY 7, 1998 The invocation was given by Councilman Ginny Tigue, 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 There were no presentations made or reports given. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-98-1381 - Consent Items: a. Approval of minutes of the regular City Council meeting of June 16, 1998 b. Approval of a contract with Delta Janitorial Services in the amount of $21,852 c. Approval of Wood briar Estates paving and water improvements additional . engineering fee of $51 ,120 to Halff Associates Mayor Newton opened the public hearing and read Resolution R-98-1381 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Resolution R-98-1381. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 2 CITY COUNCIL MINUTES JULY 7, 1998 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1103 - Authorizing issuance of 1998 Waterworks and Sewer System Revenue Bonds in the amount of $2,825,000 Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1103. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Jim Sabonis, First Southwest Company, spoke regarding the bid opening and the City's bond ratings. Mayor Pro Tem Arp moved to approve Ordinance 0-98-1103, accepting the low bidder, Dean Witter Reynolds, Inc., at an interest cost of 4.7345%. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried and read a list of the projects for which the sale of these bonds would pay. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-11 04 - Zoning change request, CN (neighborhood commercial) to PUD-C (planned unit development- commercial), 3.46 acres out of the Nancy B. Looney Survey, Abstract 937, Tract 1 U, 1 EE, and portions of Tracts 1 DD, 1 BB, and 1 W; owner: The Guest Family Ltd. Partnership, Bill and Dan Guest; applicant: Richard A. Myers, Realty Capital Corp., southwest corner of Colleyville Boulevard and the realigned Hall Johnson Road Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1104. Mr. Jerry Werner, 5801 Pleasant Run Road, spoke in favor of the proposed development. Mr. Jim Fletcher, 1000 Hidden Oaks Court, spoke in favor of the proposed development and requested that Bogart be a major thoroughfare. 3 CITY COUNCIL MINUTES JULY 7, 1998 There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the signage. It was the consensus of the Council to have the Sign Board of Appeals consider this item regarding signage. 6. READING AND PUBLIC HEARING - Resolution R-98-1383 - Combination Preliminary Plan and Final Plat, Lots 1 - 4, Block 1, Ben and Elizabeth Addition, 7.61 acres out of the George W. Teeter Survey, Abstract 1543, Tract 2A6; owner: Raymond Hubbard; applicant: Tom Miller, west end of Oak Knoll Drive Mayor Newton opened the public hearing and read Resolution R-98-1383 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Carroll moved to approve Resolution R-98-1383. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-98-1384 - Final Plat, The Woods of Colleyville, 19.989 acres out of the Johnathan Riley Survey, Abstract 1356, Tract 2, and the B.B.B. and C.R.R. Co. Survey, Abstract 228, an unrecorded portion of the street right-of-way; owner: Sunnyvale Joint Venture; applicant: Warren Hagan for Derek DeGuire, southwest corner of Cheek-Sparger Road and Brown Trail Mayor Newton opened the public hearing and read Resolution R-98-1384 in its entirety. Ms. Kathryn Guerra, 3701 Oakbriar Lane, spoke regarding the maintenance of the drainage system. 4 CITY COUNCIL MINUTES JULY 7, 1998 Mr. Larry Strelau, 3705 Oakbriar Lane, spoke regarding the storm sewer, the street stub, the grading of the proposed lots, and deed restrictions. He requested the Council table this item. Ms. Dee Barker, 2200 Oak Knoll, spoke regarding the wording addressing the cemetery adjacent to the proposed development. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the wording addressing the cemetery, homeowners covenants, and maintenance responsibility of the drainage/retention pond. Mr. Derek DeGuire, Sunnyvale Joint Venture, spoke regarding restrictive covenants, deed restrictions, maintenance of the pond, reserve funds for future maintenance of the pond, mandatory homeowners association, issues coming before the Planning and Zoning Commission prior to being brought up before the Council, at what stage restrictive covenants are received by the City, responsibility of underground drainage systems, and emergency access. Councilman Tigue moved to approve Resolution R-98-1384. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-98-1385 - Combination Preliminary Plan and Final Plat, Lots BR-1 and BR-2 of the McEwing Subdivision, 4.9697 acres, being a replat of Tract B of the McEwing Subdivision; owners: Ronald J. and Marilyn Nordling, Ronald E. Nordling and Tammy A. Nordling; applicants: Ronald J. and Marilyn J. Nordling, 715 W. LaVaca Trail Mayor Newton opened the public hearing and read Resolution R-98-1385 in its entirety. 5 CITY COUNCIL MINUTES JULY 7, 1998 Mr. J. B. Morgan, 1409 Precinct Line, Attorney representing Mr. and Mrs. Nordling, spoke regarding the history of the property on LaVaca Trail. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the number of homes on the property, emergency vehicle access, addressing issues, location of the fire hydrant, minimum standards for streets, type of roadway, garbage pickup location, mail delivery location, and setting precedence for future requests. Mayor Pro Tem Arp moved to table this item. Councilman Tigue seconded the motion. Ayes: Councilpersons Carroll, Tigue, and Mayor Pro Tem Arp Nays: Councilman Helling Mayor Newton declared the motion carried and recommended the applicants and staff try to come to an agreement regarding the roadway. Ms. Karen Getting, daughter of applicant, spoke regarding this being a private road that the City is not required to maintain. 9. READING AND PUBLIC HEARING - Resolution R-98-1386 - Approving grant priorities for Kimzey Park Mayor Newton opened the public hearing and read Resolution R-98-1386 in its entirety. Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding the different scenarios, project costs, additional matching funds, irrigation, hydro mulching, and trees. Mr. Robert Egan, 2410 Twelve Oaks Lane, and Ms. Cindy Wilson, 2406 Twelve Oaks Lane, spoke in favor of the proposal. Mr. Rich Hendler, 2100 Highland Meadows, representing the Parks and Recreation Advisory Board, spoke in favor, and stated this is a part of the Parks Master Plan, and a critical part of the grants program. 6 CITY COUNCIL MINUTES JULY 7, 1998 Discussion ensued regarding parking, speeding traffic, the number of homes, the possibility of a connector to Grapevine in the future, and rational for the additional $50,000. Councilman Tigue moved to approve Resolution R-98-1386. Mayor Pro Tem Arp seconded the motion. Councilman Carroll explained that he would vote in opposition to the motion because he feels this park is not accessible to the entire city. Ayes: Councilpersons Helling, Tigue, and Mayor Pro Tem Arp Nays: Councilman Carroll Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-98-1387 -Approving a request of Grapevine/Colleyville Independent School District to locate one portable building at Glenhope Elementary School and one portable building at Heritage Middle School Mayor Newton opened the public hearing and read Resolution R-98-1387 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Resolution R-98-1387. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. .-, 7 CITY COUNCIL MINUTES JULY 7, 1998 TABLED ITEMS: 11. CONSIDERATION OF ORDINANCE 0-98-1098 - Zoning change request from AG (agricultural) and ML (light manufacturing) to PUD-R (planned unit development- residential), CPO (commercial professional office), and CC-1 (village retail), 63.832 acres out of the Harrell Hughes Survey, Abstract 656, Tracts 2E, 2F and 2; and the Absalom J. LoU Survey, Abstract 963, Tracts 3A1, 2E and 2F; owners: Norma McCain, Terry McCain, Wyatt Family Partnership, and Foresite NO.4 Ltd; applicant: Don Allen, Carter & Burgess, Inc., south of John McCain Road, west side of Colleyville Boulevard City Manager Bob Stripling recommended this item remain tabled. ACTION ITEMS: 12. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE SIGN BOARD OF APPEALS Councilman Carroll moved to appoint Carol Atfield, Jerry Birkes, and David Pencsak to the Sign Board of Appeals with terms expiring in May, 1999; he further moved to appoint Michael Garemko, Ed Moore, Jack Martin, and Elsie Gunter to the Sign Board of Appeals with terms expiring in May, 2000. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. REPORTS: 13. PLANNING AND ZONING COMMISSION MINUTES - 6/22/98 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MINUTES - 6/29/98 There was no action taken on this item. 8 CITY COUNCIL MINUTES JULY 7, 1998 CITIZEN COMMENTS: 14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Robert Egan, 2410 Twelve Oaks Lane, spoke regarding speeding traffic in Ross Downs, and requested stop signs or speed bumps be installed. ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 07, 1998 - Reading and Public Hearing - Resolution R-98-1382 Mayor Newton opened the public hearing and read Resolution R-98-1382 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Carroll moved to approve Resolution R-98-1382; appointing Carol Atfield, Jerry Birkes, and David Pencsak to the Sign Board of Appeals with terms expiring in May, 1999 and appointing Michael Garemko, Ed Moore, Jack Martin, and Elsie Gunter to the Sign Board of Appeals with terms expiring in May, 2000. Councilman Tigue seconded the motion. Ayes: Council persons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. ADJOURNMENT: 16. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Mayor Pro Tem Arp seconded the motion. .~ 9 CITY COUNCIL MINUTES JULY 7, 1998 Ayes: Councilpersons Helling, Carroll, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the meeting adjourned at 9:43 p.m. APPROVED THIS 2/ s:I- DAY OF \ J" I~ AYES, 1) NAYS, AND n ABSTENTIO S. ,1998, BY A VOTE OF 5 Minutes taken and prepared by: kJ~ J n Harris, TRMC, CMC City Secretary ,/"""' 10