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HomeMy WebLinkAboutCity Council-Minutes-10/20/1998 _. '- MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER 20, 1998 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on October 20, 1998, at 6:48 p.m. ROLL CALL: ~ Councilpersons Steven Helling, Frank Carroll, Nelson Thibodeaux, Ginny Tigue, and Mayor Pro T em Donna Arp were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Anne Born, Public Services Director Jim Foster, Community Development Manager Barry LeBaron, 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. 551.072- Sec. 551.072- Sec. 551.072 - Sec. 551.074- Legal - Elder Construction Law Suit Property Acquisition - Pleasant Run Road Property Acquisition - Colleyville Boulevard Property Acquisition - McDonwell School 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 6:50 p.m., and reconvened at 7:42 p.m. ..- 1 CITY COUNCIL MINUTES OCTOBER 20, 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 Mayor Newton presented a plaque to Mr. William Tyler for his service on the Zoning Board of Adjustment. Mayor Newton presented Certificates of Appreciation to the members of the Master Plan Task Force. Mayor Newton presented a Proclamation to Ret Stansberger for her receiving the Legacy of Women Award for Business/Professional Leadership. Ms. Stansberger thanked the Council and citizens for their support. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-98-1420 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 6, 1998 b. Approval of an Interlocal Agreement with the City of Grapevine for fleet services c. Approval of a contract for janitorial services to Interstate Building Maintenance in the amount of $13,980 d. Approval of bid awards for four police cars to Philpott Motors in the amount of $20,151.00 each, and one sports utility vehicle to Hillard Auto Park in the amount of $22,307.00 Mayor Newton opened the public hearing and read Resolution R-98-1420 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 2 CITY COUNCIL MINUTES OCTOBER 20, 1998 Mayor Pro Tem Arp moved to approve Resolution R-98-1420. Councilman Tigue 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 0-98-1120 - Zoning change request, from AG (agricultural) to R-20 (single family residential, minimum lot size 20,000 s.f.), 4.636 acres out of the R. H. McEwing Survey, Abstract 1154, Tract 2B1, owner: Marie Payne; applicant: Larry Cole, Foxcreek Residential Development, Inc., south side of McDonwell School Road, 'Nest of Remington Park Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1120. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Ordinance 0-98-1120. 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. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1121 - Approving the proposed Fiscal Year 1998-99 Budget for the Colleyville Economic Development Corporation Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1121. 3 CITY COUNCIL MINUTES OCTOBER 20, 1998 There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Thibodeaux moved to approve Ordinance 0-98-1121. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1122 - Zoning change request, from CC-3 (highway commercial) to PUD-C (planned unit development- commercial) with a SUP (special use permit) to allow food catering, an indoor amusement facility and a restaurant overlay to allow the sale of alcoholic beverages for on-premise consumption in three (3) designated restaurants, 4.1293 acres, Lots 6R-1 and 7R, Block 1, Andy Felps Addition, owner/applicant: MJM Preferred Properties, 4007 Colleyville Boulevard Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1122. Mr. John Ballard, 6340 C.R. 204, Grandview, Texas, spoke regarding drainage issues. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding drainage, elimination of the indoor billiards, the 75/25 breakdown on the alcohol sales vs. food sales, parking spaces, curb/gutter along Highway 26 in the area of this development, appearance of the actual buildings, and the effect of the Tax Increment Financing District standards on this development. Mr. Michael Dees, applicant, was present to answer questions of the Council. 4 CITY COUNCIL MINUTES OCTOBER 20, 1998 7. FIRST READING AND PUBLIC HEARING -Ordinance 0-98-1123-Zoning change request, from AG (agricultural) to PUD-R (planned unit development-residential), 10.225 acres, Lot 1, Block 1, Ann's Oaks Addition; owner: Frances Brooks; applicant: Lynn Meyer, 958 John McCain Road, east of Pleasant Run Road Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1123. Ms. Martha Walker, 7109 Jo Will Street, spoke regarding traffic along John McCain Road, accidents on John McCain Road, safety of those entering/exiting the proposed development, and the safety of children waiting for school buses on John McCain Road. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding development of the remaining land in Colleyville, widening the roadways, sight distances, lowering the grade of the hill on John McCain in the area of the proposed development, signage to indicate intersections, and emergency access. Mr. Gordon Jones, 5908 Highland Hills, developer of Ann's Oaks, gave a brief overview of the proposed development. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1124 - Establishing a tax increment financing district Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1124. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 9. READING AND PUBLIC HEARING - Resolution R-98-1422 - Approving the replat of Lots 1-13 and 40-41, Block 2, of Caldwell's Creek Mayor Newton opened the public hearing and read Resolution R-98-1422 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 5 CITY COUNCIL MINUTES OCTOBER 20, 1998 Discussion ensued regarding the signing of the settlement agreement, and denying this item due to that settlement agreement not being signed. Councilman Carroll moved to deny Resolution R-98-1422. 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 to deny carried. 10. READING AND PUBLIC HEARING - Resolution R-98-1423 - Setting a public hearing for the purpose of moving a portable building by North Texas Diagnostic Center, LLC, to be used as a mobile MRI in conjunction with a clinic located at 3930 Glade Road, Suite 105, Lot 2R, Block 1, Glade Points, Phase 4 Mayor Newton opened the public hearing and read Resolution R-98-1423 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Mr. Doug Henderson, 3602 Lake Champlain, Arlington, Texas, representing the applicant, spoke giving a brief overview of the proposed diagnostic center project. Discussion ensued regarding reaction from lessees of the diagnostic center, taking up space along S.H. 121, past experience with similar facilities, time line for the mobile building to be in place, time line for other buildings in the plan, the number of employees, support of the area restaurants, more realistic projections regarding the number of employees, and the number of proposed patients. Mr. Danny Tuinei, applicant, was present to answer questions of the Council. Councilman Thibodeaux moved to approve Resolution R-98-1423. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None 6 CITY COUNCIL MINUTES OCTOBER 20, 1998 Mayor Newton declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-98-1424 - Establishing a Library Task Force and appointing members Mayor Newton opened the public hearing and read Resolution R-98-1424 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Resolution R-98-1424, adding Ret Stansberger as an ex-officio member and appointing Gary Taraba as Chair and Mary Alice Rippe as Co- chair of the Task Force. 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. TABLED ITEMS: 12. CONSIDERATION OF ORDINANCE 0-98-1105 - Amending the Subdivision Ordinance, Chapter 9 of the Colleyville Code of Ordinances, by adding a Section 15, regulating developments with private streets and entrance gates 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. 7 CITY COUNCIL MINUTES OCTOBER 20, 1998 Councilman Carroll moved to suspend the rules to allow the citizens to speak. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. Mr. Rich Munson, 1905 Hall Johnson Road, stated he agreed with the notification provision of the proposed ordinance. He also stated his concern for the lack of consideration to those land owners adjacent to property that is being considered for abandonment. There were no others wishing to speak concerning this item. Discussion ensued regarding the approval of 100% of property owners within a subdivision to acquire approval of the City Council's approval, payments of the residents for the street lights in private subdivisions, entitlements to basic city services, auditing, street repairs, and review by the Council of any new subdivisions. Councilman Tigue moved to approve Ordinance 0-98-1105. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Tigue, and Mayor Pro Tem Arp Nays: Councilpersons Carroll and Thibodeaux Mayor Newton declared the motion carried. ACTION ITEMS: 13. DISCUSSION AND CONSIDERATION OF A REQUEST OF JOHN PENNER TO WAIVE THE PERIMETER STREET FEES FOR THE PENNER ADDITION, 3 LOTS ON PATTERSON LANE Public Services Director Jim Foster, gave a brief overview of the request. 8 CITY COUNCIL MINUTES OCTOBER 20, 1998 Discussion ensued regarding the current location of the Penner's residence and replatting the property making it two lots. Mr. John Penner, 2101 Cannon Drive, Hurst, was present to answer questions of the Council. He explained his request, advised that they plan to build a home for themselves on one lot, retain the second lot (vacant), and possibly sell the third lot. There was no action taken on this item. STAFF REPORTS: 14. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 15. ZONING BOARD OF ADJUSTMENT MINUTES - 10/13/98 PLANNING AND ZONING COMMISSION MINUTES -10/12/98 There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 17. DISCUSSIONANDCONSIDERATIONOFARESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 20,1998 - Reading and Public Hearing - Resolution R-98-1421 This Resolution was not needed. ~ 9 CITY COUNCIL MINUTES OCTOBER 20, 1998 ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilman Carroll moved to adjourn. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the meeting adjourned at 10:05 p.m. APPROVED THIS 4!b DAY OF Nnvfrv,J.Jer ,1998, BY A VOTE OF S AYES, 0 NAYS, AND 0 ABSTENTIONS. s taken and V= Harris, TRMC, CMC Secretary ~ 10