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HomeMy WebLinkAboutCity Council-Minutes-9/2/1997 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 2, 1997 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on September 2, 1997, at 7:18 p.m. ROLL CALL: Councilpersons Steven Helling, Donna Arp, Jack Martin, Don Butler, and John Grace 'Here present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Administrative Assistant Anne Born, Director of Public Services Jim Foster, Community Development Manager Doug Henderson, Public Works Manager Randy Brown, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. INTERVIEW BOARD/COMMISSION APPLICANTS - Master Plan Task Force The Council interviewed applicants for the Master Plan Task Force. There was no action taken. 2. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.074- 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 announced that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.074 - Personnel. He further announced that there would be no decisions made or action taken during this time. The meeting was recessed at 7:19 p.m., and was reconvened at 7:38 p.m. -1- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 The invocation was given by Councilman Don Butler, after which Ross Foster led the Pledge of Allegiance. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Newton reported that the City Council and GCISD Liaisons met on August 21, for their monthly meeting to discuss issues related to both the City and the School District. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-97-1309 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 19, 1997 b. Approval of minutes ofthe City Council worksession held August 14,1997 c. Approval of a City/Developer Agreement extension for Kathleen's Art Cafe d. Approval of appointments of Steven Helling, Dennis Johnson, Ron Adams, and Gary Cantrell to the Colleyville Economic Development Corporate Board of Directors Mayor Newton opened the public hearing and read Resolution R-97-1309 in its entirety. There was no one present wishing to speak and Mayor Newton closed the Public Hearing. Councilwoman Arp requested Item d be removed and the rules of the Council be followed to appoint to the Colleyville Economic Development Corporate Board. Councilman Martin moved to approve Resolution R-97-1309, excluding Item d. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None -2- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Mayor Newton declared the motion carried. Itemd Mayor Newton explained the appointment process of the Boards, Commissions, and Committees of the City. Discussion ensued regarding the process for appointing Boards, Commissions, and Committees and why the applicants for the Colleyville Economic Development Corporate Board were not interviewed. Councilwoman Arp moved to interview all applicants prior to appointments to this Board. The motion died for lack of a second. Discussion was held regarding the process and the wording of the Resolution as stated. Councilman Helling nominated Dennis Johnson for one of the openings on the Colleyville Economic Development Corporate Board. Councilwoman Arp nominated Ret Stansberger. There were no other nominations made. Johnson - Councilpersons Helling, Martin, Butler, and Grace Stansberger - Councilwoman Arp Mayor Newton declared Dennis Johnson appointed to the Colleyville Economic Development Corporate Board. Councilman Martin nominated Ron Adams to one of the openings on the Colleyville Economic Development Corporate Board. Councilwoman Arp nominated Ret Stansberger. There were no other nominations made. -3- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Adams - Councilpersons Helling, Martin, Butler, and Grace Stansberger - Councilwoman Arp Mayor Newton declared Ron Adams appointed to the Colleyville Economic Development Corporate Board. Councilman Butler nominated Gary Cantrell to one of the openings on the Colleyville Economic Development Corporate Board. Councilwoman Arp nominated Ret Stansberger. There were no other nominations made. Cantrell- Councilpersons Helling, Martin, Butler, and Grace Stansberger - Councilwoman Arp Mayor Newton declared Gary Cantrell appointed to the Colleyville Economic Development Corporate Board. Councilman Grace nominated Councilman Helling to fill the Council vacancy on the Economic Development Corporate Board. There were no other nominations made. Helling - Councilpersons Helling, Arp, Martin, Butler, and Grace Mayor Newton declared Councilman Helling appointed to the Economic Development Corporate Board. PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-97-1077 - Adoption of proposed Fiscal Year 1997-98 Budget Mayor Newton opened the public hearing and read the caption of Ordinance 0-97-1077. -4- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Mr. Dave Dudziak, 2301 Wilkes Court, commended the Council for backing the park's projects and asked that they also realize the maintenance and improvements do not end with initial funding and development. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Grace moved to approve Ordinance 0-97-1077. Councilwoman Arp seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-97-1078 - Adoption of proposed Fiscal Year 1997-98 Ad Valorem Tax Rate Mayor Newton opened the public hearing and read the caption of Ordinance 0-97-1078. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Martin moved to approve Ordinance 0-97-1078. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-97-1079 - Adopting the Texas Municipal Retirement System option of granting "Restricted Prior Service Credit" ~ Mayor Newton opened the public hearing and read the caption of Ordinance 0-97-1079. -5- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding the Ordinance being passed just in time for the Interlocal Agreement with the City of Bedford regarding the hiring of their City Manager to be approved. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Butler moved to approve Ordinance 0-97-1079. Councilman Grace seconded the motion. Discussion ensued regarding the cost of this benefit, the purpose of offering this benefit to the employees, recruiting edge, and the benefit of drafting quality employees. Ayes: Councilpersons Helling, Arp, Butler, and Grace Nays: Councilman Martin Mayor Newton declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-97-1080 - Amending Ordinance 0-92-880, setting fees and charges for City services Mayor Newton opened the public hearing and read the caption of Ordinance 0-97-1080 with amendments regarding effective dates of certain fees. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Butler moved to approve Ordinance 0-97-1080, as amended. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. ~ -6- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-97-1081 - Zoning change request from R-4O (single family residential, minimum lot size 40,000 s.f.) to R-20 (single family residential, minimum lot size 20,000 s.f.), 2 acres out of the S.C.H. Witten Survey, Abstract 1619, Tracts 1J and 1J4; owner/applicant: January S. Stratton, east side of Montclair Drive, 5313 City staff gave a brief overview of the proposed zoning change. Mayor Newton opened the public hearing and read the caption of Ordinance 0-97-1081. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding this being a "flag" lot, emergency access, nearest fire hydrant, and how this differs from the proposal recently presented on Glade Road. 10. READING AND PUBLIC HEARING - Resolution R-97-1311 - Approving the Interlocal Agreement with the City of Bedford regarding the employment of Susan Thorpe Mayor Newton opened the public hearing and read Resolution R-97-1311 in its entirety. Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding the City of Colleyville resolving the personnel problems of another city. There were no others present wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the City of Bedford "owing" the City of Colleyville, the spirit of cooperation, and joint ventures with Bedford and other cities. Mr. Stephen Peak, 3720 Rolling Meadows Drive, Bedford, Mayor Pro Tem of the City of Bedford, stated that this has been supported by the City Council in Bedford by a vote of 6-1. Councilman Helling moved to approve Resolution R-97-1311. Councilman Grace seconded the motion. -7- CITY COUNCIL MINUTES SEPTEMBER 2,1997 Ayes: Councilpersons Helling, Martin, Butler, and Grace Nays: Councilwoman Arp Mayor Newton declared the motion carried. Councilman Peak thanked the Council and the City Manager and staff for their efforts and spirit of cooperation regarding this issue and advised that the plaque at the combined fire station on Martin Parkway had been corrected to include the City of Colleyville. 11. READING AND PUBLIC HEARING - Resolution R-97-1313 - Ratifying recommendations of the Sign Board of Appeals Mayor Newton opened the public hearing and read Resolution R-97-1313 in its entirety. Ms. Ellen Newton, 6100 Montford, spoke regarding "Hwy 26 Mini Storage" off-premise sign. Mr. John Whitmire, 6511 Colleyville Boulevard (business address), representing the owner, was present to answer questions of the Council. There were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the need for a larger sign at the Pleasant Glade Assembly of God church, and the purpose of the sign ordinance. Mr. Ed Moore, 129 Timberline N, representing the Sign Board, spoke regarding the visibility of the sign. In a straw vote Councilpersons Helling and Arp stated their support for the variance and Councilpersons Martin, Butler, and Grace stated they would not vote in favor of the variance for the "Hwy 26 Mini Storage" off-premise sign. Discussion ensued regarding the monument sign at the Colleyville Animal Clinic. It was the consensus of the Council to vote on these items as separate Resolutions with numbers to be assigned by the City Secretary after the meeting. -8- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Councilman Helling moved to approve Resolution R-97-1313, upholding the recommendation of the Sign Board of Appeals, approving an institutional sign with a total surface area of 56 square feet rather than the 32 square foot maximum allowed by the Sign Code for Pleasant Glade Assembly of God Church at 2512 Glade Road. Councilwoman Arp seconded the motion. Ayes: Councilpersons Helling and Arp Nays: Councilpersons Martin, Butler, and Grace Mayor Newton declared the motion denied. Councilman Helling moved to approve Resolution R-97-1314, upholding the recommendation of the Sign Board of Appeals, approving a general business monument sign at a distance of 20 feet from a side property line rather than the 30-foot minimum required by the Sign Code at Colleyville Animal Clinic, 4408 Colleyville Boulevard. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. Discussion ensued regarding the "Hwy 26 Mini Storage" sign meeting the sign code, who approved the application, how long ago this was approved, the size of the sign, and change in procedures to ensure these types of errors by City staff do not occur in the future. Mr. Ed Moore, representing the Sign Board of Appeals, explained that there was lengthy discussion by the Sign Board regarding the permit being approved by the City inadvertently. Discussion ensued regarding the City enforcing the sign code. -9- CITY COUNCIL MINUTES SEPTEMBER 2,1997 Councilman Martin moved to approve Resolution R-97-1315, upholding the recommendation of the Sign Board of Appeals, approving a variance from the Sign Code, Section G (2)(4), allowing this general business monument sign to remain a distance of two (2) feet from the front property line rather than the eight (8) foot minimum setback required by the Sign Code and to allow this sign to contain a gross surface area of 150 square feet rather than the maximum of ninety (90) square feet as prescribed in the Sign Code, until such time as the sign is altered substantially or removed for any reason other than maintenance. The motion died for lack of a second. Councilman Grace moved to deny Resolution R-97-1315, upholding the recommendation ofthe Sign Board of Appeals, approving a variance from the Sign Code, Section G (2)(4), allowing this general business monument sign to remain a distance of two (2) feet from the front property line rather than the eight (8) foot minimum setback required by the Sign Code and to allow this sign to contain a gross surface area of 150 square feet rather than the maximum of ninety (90) square feet as prescribed in the Sign Code, until such time as the sign is altered substantially or removed for any reason other than maintenance. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Arp, Butler, and Grace Nays: Councilman Martin Mayor Newton declared the motion to deny, approved. Mr. Whitmire, representing the owner of Hwy 26 Mini Storage, spoke regarding the procedures the owner experienced prior to erecting the sign. Discussion ensued regarding the number of businesses represented on the off-premise directory sign. Mr. Ed Moore, representing the Sign Board, spoke regarding the discussion held by the Sign Board on this issue. r- -10- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Councilman Grace moved to approve Resolution R-97-1316, upholding the recommendation of the Sign Board of Appeals, approving a variance from the Sign Code, Section G(3), allowing this monument style, off-premise directory sign to remain on a vacant, platted lot for a period not to exceed two (2) years from August 18, 1997, providing it is reduced in size to a maximum gross surface area of one hundred fifty (150) square feet as described for a monument-style directional sign in the current Sign Code. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. Mr. Ed Moore, representing the Sign Board, spoke regarding the variance of Colleyville Chiropractic Center. Councilman Butler moved to deny Resolution R-97-1317, upholding the recommendation of the Sign Board of Appeals, approving a variance from the Sign Code, Section G(1)(b)(3), allowing a permanent wall sign that contains a maximum gross surface area of sixty-six (66) square feet. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Martin, Butler, and Grace Nays: Councilwoman Arp Mayor Newton declared the motion to deny, approved. TABLED ITEMS: 12. CONSIDERATION OF RESOLUTION R-97-1304 - Preliminary Plan, Sebesta Tract, 29.258 acres out ofthe S.C.H. Witten Survey, Abstract 1619, Tracts 1S1, 1S, 1H, and 111, Owner: Frederick J. & Priscilla J. Sebesta, Applicant: David Bagwell, The David Bagwell Company, east side of Montclair Drive Councilman Grace moved to remove Ordinance 0-97-1304 from the table. Councilman Helling seconded the motion. -11- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. Mr. David Bagwell, 8222 Douglas Avenue, #770, Dallas, applicant, spoke regarding the proposed change to the original zoning request. Councilman Grace moved to suspend the rules to allow the citizens to speak. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion approved. Ms. Kay Rita Husby, 2307 Arbor Trail, representing Arbor Estates, spoke regarding the drainage issue and a proposed plan which included a pond. Ms. Husby recommended the Council approve the easement with a gate. Mr. Dave Dudziak, 2301 Wilkes Ct., spoke regarding the easement, the wetlands, and drainage. Mr. Dudziak recommended the Council approve this request with the easement. There were no others wishing to speak concerning this item. Discussion ensued regarding the problem of having a pond next to an elementary school and notification of the property owners on either side of the easement. There was no action taken on this item. ACTION ITEMS: 13. DISCUSSION AND CONSIDERATION OF STATUS OF COLLEYVILLE ESTATES PAVING, DRAINAGE, AND WATER IMPROVEMENTS PROJECT Staff gave a brief review of the proposed project. -12- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Councilwoman Arp moved to suspend the rules to allow the citizens to speak. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. Mr. Tom Chandler, 613 Field, asked that the concrete pavement be approved, and expressed concerns for street lighting, speed bumps, and sidewalks. Discussion ensued regarding sidewalks, concrete versus asphalt, soil types in the area, the monies allocated by the 1991 Bond Election for street improvements, and the proposed improvements to the Wood briar subdivision. Councilman Helling moved to approve Alternate #1, being 5" reinforced concrete pavement. Councilwoman Arp seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 14. DISCUSSION AND CONSIDERATION OF PROVIDING TEMPORARY COURT ROOM FACILITIES FOR JUSTICE OF THE PEACE SANDY PRINDLE Judge Sandy Prindle, Justice of the Peace, 520 Crestview, Grapevine, spoke regarding the use of Colleyville City Council Chambers as a Court room for approximately 4-5 months and funding for that use. Councilman Grace moved to approve the request of Judge Prindle at a cost of $100.00 per week. Councilwoman Arp seconded the motion. -13- CITY COUNCIL MINUTES SEPTEMBER 2, 1997 Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. REPORTS: 16. PLANNING AND ZONING COMMISSION MINUTES - 8/26/97 ZONING BOARD OF ADJUSTMENT MINUTES - 8/18/97 PARKS AND RECREATION ADVISORY BOARD MINUTES - 8/11/97 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. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 2, 1997 - Reading and Public Hearing - Resolution R-97-1310 Mayor Newton opened the public hearing and read Resolution R-97-1310 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Grace moved to approve Resolution R-97-1310, approving the appointments of Dennis Johnson, Ron Adams, Gary Cantrell, and Councilman Steven Helling to the Colleyville Economic Development Corporate Board of Directors; approving the 5" reinforced concrete for the Colleyville Estates paving, drainage and water improvements project to be advertised for bids in October 1997; and approving the use of the Colleyville City Council Chambers for holding court for Justice of the Peace, Judge Prindle, Precinct 3, at a cost of $100.00 per week. Councilman Martin seconded the motion. -14- CITY COUNCIL MINUTES SEPTEMBER 2,1997 Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilman Martin moved to adjourn. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the meeting adjourned at 9:53 p.m. APPROVED THIS It~ DAY OF S~~)'~bu ,1997, BY A VOTE OF .s- AYES, 0 NAYS, AND 0 ABSTEN IONS. Minutes taken a~=: Je n Harris, TRMC, CMC City Secretary ~ -15-