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Home My WebLink AboutCity Council-Minutes-11/4/1998 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 04,1998 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on November 4, 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, Financial Analyst Anne Born, Human Resources Representative Kelly Cooper, Public Services Director Jim Foster, Community Development Manager Barry LeBaron, Development Coordinator Clayton Husband, Economic Development Manager Mike Soab, Public Works Manager Randy Brown, Fire Chief Mike Johnston, Police Chief John Young, 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. 551.074- Legal - Elder Construction Law Suit Property Acquisition - Pleasant Run Road Property Acquisition - Colleyville Boulevard 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 7:45 p.m. 1 CITY COUNCIL MINUTES NOVEMBER 4, 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 Mayor Newton advised that the annual Texas Municipal League conference was held October 28 - 31 in San Antonio and that Councilpersons Helling, Thibodeaux, Tigue, Mayor Pro Tem Arp, and himself had attended as well as several staff members. City Manager Bob Stripling introduced Community Development Manager Barry LeBaron and Development Coordinator Clayton Husband. Mayor Newton presented a Proclamation to Cindy Laster, Board member of the Colleyville Area Chamber of Commerce, for Chamber of Commerce Month. Mayor Newton presented a Proclamation to Norma Jackson of the Grapevine-Colleyville Independent School District, for receiving the Texas Teacher of the Year award. Ms. Jackson thanked the Council and the citizens and encouraged them to remember a teacher that has touched their lives by sending them a note of appreciation. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-98-1425 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 20, 1998 b. Approval of minutes of the City Council worksession held October 5, 1998 c. Approval of appointments to the Park Land Dedication Committee d. Approval of bid awards for Health and Dental Insurance to Blue Cross and Blue Shield of Texas, Life and Accidental Death and Dismemberment Insurance to Fortis and Long Term Disability Insurance to Guarantee Mutual Life 2 CITY COUNCIL MINUTES NOVEMBER 4, 1998 e. Approval of the purchase of a L1FEPAK 12 Defibrillator/Monitor in the amount of $16,159.50 Mayor Newton opened the public hearing and read Resolution R-98-1425 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-98-1425. 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. PUBLIC HEARINGS: 4. SECOND 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 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. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Carroll moved to approve Ordinance 0-98-1122. Councilman Tigue seconded the motion. Ayes: Council persons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 3 CITY COUNCIL MINUTES NOVEMBER 4, 1998 5. SECOND 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 the hill on John McCain being reduced in conjunction with the approval of this zoning case. There were no others wishing to speak regarding this item and Mayor Newton closed the public hearing. Public Services Director Jim Foster gave a brief overview of the proposed reduction of the hill on John McCain, the cost estimates, and the information regarding traffic in this area. Discussion ensued regarding funding sources for the proposed hill construction project. Councilman Carroll moved to approve Ordinance 0-98-1123. 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. SECOND 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 Councilman Thibodeaux complimented the city staff on their efforts to establish this District. Councilman Thibodeaux moved to approve Ordinance 0-98-1124. 4 CITY COUNCIL MINUTES NOVEMBER 4, 1998 Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1125 - Amending the Fiscal Year 1999 Utility Budget Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1125. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1126 - Creating a Crime Prevention Zone and appointing a Temporary Board Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1126. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Carroll spoke regarding the needs of the Police Department. Discussion ensued regarding the use of the funds for drug awareness and prevention. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-11 06 - Zoning change request from AG (agricultural) to PUD-R (planned unit development - residential), approximately 55.824 acres out of the R. B. Williams Survey, Abstract 1674, Tracts 2B, 2F, 2 and the Circle B Estates; and the D. J. Beddo Survey, Abstract 232, Tract 2G and a portion of Tract 2; owners: Guy S. Benedict, Gladys L. Benedict and Barbara McPherson; applicant: David Bagwell; southwest corner of John McCain Road and Westcoat Drive Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1106. 5 CITY COUNCIL MINUTES NOVEMBER 4, 1998 There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. City Manager Bob Stripling explained the background of this zoning issue and asked Mr. Bagwell to explain the current request. Mr. David Bagwell, applicant, presented several options. Mayor Newton complimented Mr. Bagwell on his efforts to work with the City regarding this proposal. Discussion ensued regarding possible wording in the deed restrictions to require quality fencing around the park area, perimeter street fees, number of lots, the number of lots on a cul-de-sac, gating a portion of the development, the trail system, ownership of the trail system, and constructing the trail prior to building any homes in the development. Public Services Director Jim Foster addressed side building lines, the proposed 25 foot sign, the thoroughfare system, density, development of property to the west, length of the cul-de-sac, number of accesses, school districts, perimeter street fees, and off-site utility improvements. 10. READING AND PUBLIC HEARING - Resolution R-98-1428 - Approving the moving of a mobile MRI to 3930 Glade Road, Suite 105, Lot 2R, Block 1, Glade Points, Phase 4 Mayor Newton opened the public hearing and read Resolution R-98-1428 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-98-1428. Councilman Carroll 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 NOVEMBER 4, 1998 11. READING AND PUBLIC HEARING - Resolution R-98-1429 - Combination preliminary plan and final plat, Lots 1-3, Block 1, Green Acres, 6.9591 acres out of the G. W. Teeter Survey, Abstract 1543, Tracts 2A2A, 2A3, and 2A3A; owner: Billie Kennedy; applicant: Walter Nelson, south side of Glade Road, west of Stafford Drive Mayor Newton opened the public hearing and read Resolution R-98-1429 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. City Manager Bob Stripling explained the proposal and recommended approval. Discussion ensued regarding previous similar requests that the staff recommended be denied, timing of the development, width of the proposed drive, the number of homes that will be built, and the Council's options of tabling, denying, or approving the plat. Mr. Wes Lansford, 3502 Emerald Court, applicant, was present to answer questions of the Council, and spoke regarding the requests the staff had made regarding this issue, specifically regarding the driveway that would serve the proposed lots. Councilman Helling moved to approve Resolution R-98-1429. Mayor Pro Tem Arp seconded the motion. The motion and second \Yare withdrawn to give the applicant a few minutes to discuss the options with his neighbors. Upon returning to the council chambers, Mr. Lansford asked the Council to approve the request as presented. Councilman Helling moved to approve Resolution R-98-1429. Mayor Pro Tem Arp seconded the motion. Ayes: Councilpersons Helling, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: Councilman Carroll Mayor Newton declared the motion carried. 7 CITY COUNCIL MINUTES NOVEMBER 4, 1998 12. READING AND PUBLIC HEARING - Resolution R-98-1430 - Awarding a contract for the construction of additional temporary parking at the Community Center Mayor Newton opened the public hearing and read Resolution R-98-1430 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-98-1430. Councilman Thibodeaux seconded the motion. Discussion ensued regarding the staff recommendation of the base bid plus Alternate #2, which is a parking surface consisting of six (6) inches of flexible base over a compacted subgrade plus two (2) inches of HMAC pavement over the six (6) inches of flexible base for additional subgrade support. Councilpersons Helling and Thibodeaux accepted the staff recommendation and agreed to amend the original motion to approve Resolution R-98-1430, with the base bid plus Alternate #2. Ayes: Councilpersons Helling, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: Councilman Carroll Mayor Newton declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-98-1431 - Appointing a temporary Tax Increment Financing District Board Mayor Newton opened the public hearing and read Resolution R-98-1431 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-98-1431. Councilman Tigue seconded the motion. 8 CITY COUNCIL MINUTES NOVEMBER 4, 1998 Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-98-1432 - Awarding a contract to McWilliams Enterprises in the amount of $290,762.50 for the construction of the Pleasant Run and Sparger Park Restroom Facilities Mayor Newton opened the public hearing and read Resolution R-98-1432 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Carroll expressed his appreciation to the Soccer Association for their contribution. Councilman Carroll moved to approve Resolution R-98-1432. Councilman Tigue seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-98-1433 - Approving the replat of Lots 1-13 and 40-41, Block 2, of Caldwell's Creek Addition. Mayor Newton opened the public hearing and read Resolution R-98-1433 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. City Manager Bob Stripling advised that the staff recommends approval with requested changes. 9 CITY COUNCIL MINUTES NOVEMBER 4, 1998 Councilman Tigue moved to approve Resolution R-98-1433, with requested changes. 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. ACTION ITEMS: 16. DISCUSSION AND CONSIDERATION OF A REQUEST OF JOHN PENNER TO WAIVE THE PERIMETER STREET FEES FOR THE PENNER ADDITION, 2 LOTS ON PATTERSON LANE City Manager Bob Stripling explained that this item had been changed from a three lot subdivision to a two lot subdivision. Councilman Helling moved to approve the waiver of perimeter street fees with a note on the plat that indicates if the lots are further split the perimeter street fees will be required. Councilman Carroll seconded the motion. Discussion ensued regarding the proposed note to the plat and which lots would be required to pay the fees. Mr. John Penner was present to answer questions of the Council. It was the consensus of the Council that the perimeter street fees be waived and a note be added to the plat stating that if one of the lots is subsequently divided the perimeter street fees on the lot subsequently divided shall be paid. Councilpersons Helling and Carroll accepted the wording of the plat note and amended the original motion. 10 CITY COUNCIL MINUTES NOVEMBER 4, 1998 Ayes: Councilpersons Helling, Carroll, and Mayor Pro Tem Arp Nays: Councilpersons Thibodeaux and Tigue Mayor Newton declared the motion carried. STAFF REPORTS: 17. QUARTERLY INVESTMENT REPORT There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 04, 1998 - Reading and Public Hearing - Resolution R-98-1426 Mayor Newton opened the public hearing and read Resolution R-98-1426 in its entirety. Councilman Helling moved to approve Resolution R-98-1426, granting the request to waive the perimeter street fees for the Penner Addition with a note added to the plat providing for the payment of perimeter street fees on the lots subsequently divided. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 11 CITY COUNCIL MINUTES NOVEMBER 4, 1998 ADJOURNMENT: 20. 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 10:27 p.m. APPROVED THIS 11-fi DAY OF .J:jD\I ervJo if ,1998, BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS. Minutes taken and PU~ Jea arris, TRMC, CMC City Secretary 12