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Home My WebLink AboutCity Council-Minutes-7/21/1998 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JULY 21, 1998 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on July 21, 1998, at 6:52 p.m. ROLL CALL: Councilpersons Steven Helling, Frank Carroll, Nelson Thibodeaux, 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, Public Works Manager Randy Brown, Fire Chief Mike Johnston, Economic Development Manager Mike Soab, 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. 551.071 - 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 explained 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 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 7:42 p.m. 1 CITY COUNCIL MINUTES JULY 21, 1998 The invocation was given by Councilman Steven Helling, 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 Ms. Valerie Bradley, Metroport Teen Court Coordinator, reviewed the Teen Court Program and requested the Council budget for the City's participation during the 1998-99 Fiscal Year. City Manager Bob Stripling announced that the proposed budget for Fiscal Year 1998-99 had been prepared and that the Council would be holding a budget worksession on Wednesday, July 22, and Tuesday, August 10, 1998. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-98-1388 - Consent Items: a. Approval of minutes of the regular City Council meeting of July 7,1998 b. Approval of a professional services contract in the amount of $42,420 with Deltatek Engineering for materials inspection and quality control for the elevated storage tank to be built on the McPherson Dairy site c. Approval of bid award to APAC-Texas, Inc. in the amount of $304,485.50 for the 1998 street resurfacing program Mayor Newton opened the public hearing and read Resolution R-98-1388 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the county participation in the street resurfacing program, prioritizing the streets for resurfacing, and the time frame for construction of the elevated water storage tank. 2 CITY COUNCIL MINUTES JULY 21, 1998 Councilman Helling moved to approve Resolution R-98-1388. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1104 - Zoning change request, CN (neighborhood commercial) to PUD-C (planned unit development-commercial), 3.46 acres out ofthe 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. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding an amendment to #2 on page two of the Ordinance, striking the second sentence, placement of a monument sign with a recommendation from the Sign Board of Appeals, and actual location of the proposed sign. Mr. Jimmy Archie, 920 S. Main, Grapevine, spoke making a request for some assurance that the monument sign is going to be allowed. Councilman Tigue moved to approve Ordinance 0-98-1104, striking the second sentence in #2 of the conditions and rewording #7 of the conditions to read as follows: The developer will be allowed to place a monument sign in the utility easement, as shown on the Zoning Exhibit, no closer than eight feet (8') nor farther than 25 feet (25') from the Colleyville Boulevard right-of-way. The exact location and other matters related to the sign shall be reviewed by the Sign Board of Appeals and approved by the City Council with the issuance of a sign permit. 3 CITY COUNCIL MINUTES JULY 21, 1998 Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1101 - Amending Sections 42-27, 42-29, and adding Section 42-31 of the Colleyville Code of Ordinances, declaring the growth or existence of high weeds, grass, and brush to be a nuisance; defining relevant terms; specifying rules and procedures for the abatement of high weeds, grass, and brush; providing for civil and criminal penalties for violations; and providing for publication Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1101. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1102 - Amending Section 2-26 of the Colleyville Code of Ordinances; establishing a fee for the public abatement of high weeds and grass, establishing a fee for brush abatement, establishing an administrative fee for brush abatement and providing for publication Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1102. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-11 06 - Zoning change request from AG (agricultural) to PUD-R (planned unit development-residential), 51.834 acres out of the R. B. Williams Survey, Abstract 1674, Tracts 2B, 2F, 2, and a portion of Circle B Estates; and the D. J. Beddo Survey, Abstract 232, Tract 2G; owners: Guy S. Benedict, Gladys L. Benedict, and Barbara J. McPherson; applicant: David Bagwell, The David Bagwell Company, southwest corner of John McCain Road and Westcoat Drive 4 CITY COUNCIL MINUTES JULY 21, 1998 Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1106. Mr. AI Zim, 7209 John McCain Road, spoke regarding the history of this request, and requested this item be denied and returned to the Planning and Zoning Commission for a resolution. Mr. David Bagwell, 8222 Douglas Avenue, #770, applicant, spoke regarding the density, single entry, gating, perimeter street fees, landscaping between the proposed development and the City's parkland, planting the trees with a two-year guarantee, utilization of the park fee, trading some property, and the proposed development being in two different school districts. Discussion ensued regarding the proposal to pay less perimeter street fees, perimeter fencing in the gated portion of the development, mitigation of the wetlands on site, open space as addressed in the new Master Plan, the proposed linear park system, location of the proposed fire station, preservation of trees, growing livestock or agricultural use of the park, trees proposed on public property, trail/linkage to the McPherson park site, property values in gated areas, rural atmosphere, exploration of this land trade with staff prior to the second reading, acreage of the adjacent park, private streets, and development of adjacent property. 8. READING AND PUBLIC HEARING - Resolution R-98-1390 - Authorizing application to the Texas Recreation and Parks Account Program for Kimzey Park Mayor Newton opened the public hearing and read Resolution R-98-1390 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Thibodeaux moved to approve Resolution R-98-1390. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 5 CITY COUNCIL MINUTES JULY 21, 1998 9. READING AND PUBLIC HEARING - Resolution R-98-1391 - Approval of an Interlocal Agreement with Grapevine-Colleyville Independent School District Mayor Newton opened the public hearing and read Resolution R-98-1391 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding time frame of the bussing, Mayor Pro Tem Arp moved to approve Resolution R-98-1391. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-98-1392 - Establishing a maintenance fee for the Youth Sports Associations and the Tennis Association 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-98-1392. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 6 CITY COUNCIL MINUTES JULY 21, 1998 11. READING AND PUBLIC HEARING - Resolution R-98-1393 - Approval of an agreement with Wiginton Jeffry Hooker Architects for all services associated with the design and construction of a fire station in northwest Colleyville Mayor Newton opened the public hearing and read Resolution R-98-1393 in its entirety. There was no one present wishing to speak and Mayor Newton closed the public hearing. Discussion ensued regarding a change in the proposed location of the fire station. Councilman Helling moved to approve Resolution R-98-1393. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-98-1395 - Approval of a professional contract in the amount of $37,500 with Huitt-Zollars, Inc., for the design improvements at the intersection of Cheek-Sparger Road and Brown Trail Mayor Newton opened the public hearing and read Resolution R-98-1395 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-98-1395. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 7 CITY COUNCIL MINUTES JULY 21, 1998 TABLED ITEMS: 13. 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, WyaU Family Partnership, and Foresite NO.4 Ltd; applicant: Don Allen, Carter & Burgess, Inc., south of John McCain Road, west side of Colleyville Boulevard Councilman Helling moved to remove this item from the table. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Councilman Carroll moved to suspend the rules to allow the citizens to speak. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Ms. Elizabeth Ryan, 6516 Ponderosa Lane, and Mr. John Ryan, 4109 Meadow Drive, spoke in favor of the proposed rezoning. There were no others wishing to speak concerning this item. Mr. Don Allen, 3880 Hulen Street, Carter & Burgess, applicant, was present to answer questions of the Council and spoke regarding the proposed fire lane, emergency access gate, restriping State Highway 26 in order to create a left turn lane into the development, an acceleration lane going south on State Highway 26, the proposed deceleration lane on State Highway 26, and the depth of the lots that would back up to the railroad. 8 CITY COUNCIL MINUTES JULY 21, 1998 Mr. Terry McCain, 1500 McCain Lane, applicant, spoke regarding the open space areas and stated he believes this proposal is a win/win situation. Discussion ensued regarding the flood plain requirements and the Master Plan. Councilman Carroll moved to approve Ordinance 0-98-1098. The motion died for lack of a second. Discussion ensued regarding the negatives outweighing the positives regarding the development of this land, the cost of Pulte Homes, the proposal of the left turn lane on State Highway 26, cost of the turn lane and the deceleration lane and who would pay that cost, the lack of commercial property in the City, quality of the proposed homes, and the flood plain. Councilman Carroll moved to approve Ordinance 0-98-1098. Councilman Helling seconded the motion. Discussion ensued regarding the tract of land, the distance this property is from State Highway 26, how realistic it would be to build commercial on this property, and the unanimous voice from the neighboring development in favor of the proposed development. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 14. CONSIDERATION OF RESOLUTION R-98-1385 - Combination 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 Pro T em Arp moved to remove this item from the table. Councilman Carroll seconded the motion. 9 CITY COUNCIL MINUTES JULY 21, 1998 Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Discussion ensued regarding the width of the roadway, the fact that there is a fire hydrant on the property, setting precedence, the lack of gravel roads in the Master Plan, and the vote on this request by the Planning and Zoning Commission. Mr. J. B. Morgan, 1409 Precinct Line Road, Attorney representing the applicants, spoke regarding the rural atmosphere, improving the tax base and helping long-time residents. Mr. Ronny Nordlingl 715 N. LaVaca Trail, spoke regarding the use of the current roadway by the fire department in the past in order to extinguish a fire at a neighboring home. Councilman Tigue moved to approve Resolution R-98-1385. Mayor Pro Tem Arp seconded the motion. Ayes: Councilman Tigue and Mayor Pro Tem Arp Nays: Councilpersons Helling, Carroll, and Thibodeaux Mayor Newton declared the motion failed. Councilman Helling moved to deny Resolution R-98-1385. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, and Thibodeaux Nays: Councilman Tigue and Mayor Pro Tem Arp Mayor Newton declared the motion carried. Mayor Pro Tem Arp moved to suspend the rules to allow the citizens to speak. Councilman Helling seconded the motion. 10 CITY COUNCIL MINUTES JULY 21, 1998 Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Mr. Ronny Nordling, spoke regarding the assistance of other area land owners to build this roadway and indicated that it is not an option. STAFF REPORTS: 15. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 16. PLANNING AND ZONING COMMISSION MINUTES - 7/13/98 TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - 7/13/98 PARKS AND RECREATION ADVISORY BOARD WORKSESSION MINUTES- 6/29/98 There was no action taken on this item. CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 21,1998 - Reading and Public Hearing - Resolution R-98-1389 This Resolution was not needed. 11 CITY COUNCIL MINUTES JULY 21, 1998 ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the meeting adjourned at 11 :03 p.m. APPROVED THIS J 8~ DAY OF Au.ca..u ~f AYES, 0 NAYS, AND () ABSTENTiONS. ,1998, BY A VOTE OF 5 =PV~ Je Harris, TRMC, CMC City Secretary 12