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Home My WebLink AboutCity Council-Minutes-1/20/1998 \ MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 20,1998 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on January 20, 1998, at 6:47 p.m. ROLL CALL: Councilpersons Steven Helling, Donna Arp, Jack Martin, Don Butler, and John Grace 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 Doug Henderson, Public Works Manager Randy Brown, Finance Director Terry Leake, Community Center Supervisor Lee Skeats, City Attomey 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. 551.074- Potential Litigation - Villas at Caldwell's Creek Potential Litigation - TCI Cablevision 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 551.071 - Legal, and 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 6:49 p.m., and reconvened at 7:32 p.m. The invocation was given by Councilman Don Butler, after which Ross Foster led the Pledge of Allegiance. -- -1- CITY COUNCIL MINUTES JANUARY 20, 1998 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Former Mayor Ed McKnight announced that there were Boy Scouts from Troop 321 in North Richland Hills present, and introduced Adam Wenneker, Aaron Frinak, Kirk Darnell, and Marcus Wetrich from Colleyville Troop 28, working on their Communications in the Community and Citizenship Badges. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-98-t344 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 6, 1998 b. Approval of the amended plat, Lot 3R1 and Lot 4R, Block 1, Centerpark Addition, 9.9337 acres, being a replat of Lot 3R and Lot 4, Block 1, Centerpark Addition, southeast corner of Centerpark and Colleyville Boulevard c. Approval of a Railroad Corridor Use Agreement between the City of Colleyville and Dallas Area Rapid Transit (DART) for the purpose of Cottonbelt Trail Development d. Approval of a contract in the amount of $77,663 with Leigh Engineering, Inc., for Geographic Information Services (G.I.S.) Mayor Newton opened the public hearing and read Resolution R-98-1344 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Butler moved to approve Resolution R-98-1344. Councilman Grace seconded the motion. Councilwoman Arp announced that she would be abstaining from the vote due to a possible conflict of interest on Item 3b. ,.--- -2- CITY COUNCIL MINUTES JANUARY 20,1998 Ayes: Councilpersons Helling, Martin, Butler, and Grace Nays: None Abstentions: Councilwoman Arp Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1087 - Amending Ordinance 0-97-1080 setting fees and charges for City service, establishing Sections of the City of Colleyville Code of Ordinances, and authorizing publication to become effective February 9, 1998 Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1087. There was no one present wishing to speak conceming this item and Mayor Newton closed the public hearing. Councilman Grace moved to approve Ordinance 0-98-1087. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1086 - Zoning change request from R20 (single family residential, minimum lot size 20,000 s.t.) to PUD-R (planned unit development-residential), 19.05 acres out of the Jonathan Riley Survey, Abstract 1356, Tract 2 and the B.B.B. and C.R.R. Co. Survey, Abstract 228, an unrecorded portion of street right-of-way; owner/applicant: Derek A. DeGuire, Partner, Sunny Vale, J. V" southwest corner of Cheek Sparger Road and Brown Trail Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1086. -3- CITY COUNCIL MINUTES JANUARY 20,1998 Mr. Derek DeGuire, Partner, Sunny Vale, J.V., applicant, spoke regarding the rezoning, meeting with the neighbors, compliance with the City's ordinances, amenities of the proposed addition, the proposed single entry, and the location of the proposed emergency entrance. Discussion ensued regarding the exterior wall, the location of the nearby cemetery, drainage, route of drainage, location of the emergency entrance, appearance of the back side of the lake, intention of the developer for the stub-out street behind the proposed addition, making the "green" area available for the residents of the subdivision behind the proposed addition, sidewalks, traffic counts, impact of the neighborhood regarding traffic, the tree ordinance impact, width of the fire access lane, and compliance with the City's cul- de-sac requirements. Mr. Jim Sills, 412 Greenbriar Lane, spoke regarding the possible extension of Greenbriar Lane, compensation for abandonment of the roadway, ownership of the stub and the installation of a turn-around at the end of Greenbriar Lane. Mr. Larry Strelau, 3705 Oakbriar Lane, spoke regarding the stub-out of Greenbriar Lane. Mr. D. J. Garman, 3720 Oakbriar Lane, spoke regarding the drainage, flow-through traffic, and the proposed screening fence. Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding the size of parcels, adherence to the City's Ordinances, and gating subdivisions. There -were no others wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling proposed a plan for the property owners on the stub-out street, enlarging their yards and repouring driveways off of Oakbriar. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1088 - Establishing a Hotel/Motel Occupancy Tax Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1088. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. -4- CITY COUNCIL MINUTES JANUARY 20,1998 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1089 - Amending Ordinance 0-92-877 governing the use of public rights-of-way by Southwestern Bell Telephone Company Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1089. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 8. READING AND PUBLIC HEARING - Resolution R-98-1347 - Ratifying a recommendation of the Sign Board of Appeals for Simoniz Car Wash, 4207 Colleyville Boulevard Mayor Newton opened the public hearing and read Resolution R-98-1347 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Martin moved to approve Resolution R-98-1347. Councilman Helling seconded tne motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-98-1348- Allowing the City to accept proposals from and award a bank depository contract to a Texas Financial Institution outside the City limits Mayor Newton opened the public hearing and read Resolution R-98-1348 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 JANUARY 20,1998 Councilwoman Arp moved to approve Resolution R-98-1348. Councilman Grace seconded the motion. Discussion ensued regarding the intent of the proposed Resolution. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-98-1346 - Calling a General Election for the purpose of electing Council Members to Places 3,4, and 5 Mayor Newton opened the public hearing and read Resolution R-98-1346 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Martin moved to approve Resolution R-98-1346. Councilwoman Arp seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. 11. PUBLIC HEARING - Failure ofTCI TKR of the Metroplex, Inc., to comply with time and performance requirements of cable television construction upgrade Mayor Newton opened the public hearing. Ms. JoAnne Holtzclaw, General Manager, TCI Cable, spoke regarding changes in cable service. Mr. John Moses, TCI Cable, explained the term "node", and spoke about the most recent area that has received the upgrade. -6- CITY COUNCIL MINUTES JANUARY 20,1998 Discussion ensued regarding the extension of the franchise in 1994, the level of service the residents are receiving in the "node" that has been upgraded, plans for construction in the future, what was promised three years ago, scheduled completion date, notification, billing, geographical area, repairing of lawns, liquidated damages, and time frame of the franchise agreement. Ms. Teri Scott, TCI Cable, addressed the six points listed on the Agenda briefing, and explained Digital Compression. Mr. Pete Fedynich, 5512 Coventry Court, spoke regarding the number of channels he currently has and the poor quality of service. Mr. Bruce Morris, 4708 Prestwick Drive, Mr. Wallace Bowman, 2201 Hall Johnson Road, Ms. Renee Lawrance, 2902 Scarborough Lane West, and Mr. Joey Lawrance, 2902 Scarborough Lane West, spoke regarding the poor service. There vvere no others wishing to speak concerning this item and Mayor Newton closed the public hearing. ACTION ITEMS: 12. DISCUSSION AND CONSIDERATION OF AN EXPENDITURE FROM THE PARK LAND DEDICATION FUND Councilman Grace moved to approve the expenditure from the Park Land Dedication Fund for the purchase of trees for the Nature Center, appraisals for two pieces of property, which will serve as matching funds for a Texas Parks and Wildlife grant for Kimzey Park, and to secure the services of Carter & Burgess for preparation of a Texas Parks and Wildlife grant for Kimzey Park. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. -7- CITY COUNCIL MINUTES JANUARY 20,1998 13. DISCUSSION AND CONSIDERATION OF ACCEPTANCE OF THE ANNUAL AUDIT FOR FISCAL YEAR 1996-97 Ms. Terry Leake, Finance Director, introduced Mr. Andrew Moore, with Weaver and Tidwell. Mr. Andrew Moore, Weaver and Tidwell, was present and stated what their review of the City's financial records entailed. Councilman Grace moved to accept the annual Audit for fiscal year 1996-97. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the motion carried. The Mayor and Council commended Finance Director Terry Leake on another good year. Mayor Newton presented Ms. Leake with a Certificate of Achievement for Excellence in Finance Reporting from the Governmental Finance Officers Association of Texas. STAFF REPORTS: 14. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES -1/12/98 There was no action taken on this item. -8- CITY COUNCIL MINUTES JANUARY 20,1998 CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding access to the back of his property through Montclair Parco ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATLON OF ARESOLUTLON RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 20,1998 - Reading and Public Hearing - Resolution R-98-1345 Mayor Newton opened the public hearing and read Resolution R-98-1345 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-98-1345, approving the purchase of trees for the Nature Center, property appraisals, and services of Carter and Burgess for preparation of a Texas Parks and Wildlife grant for Kimzey Park from the Park Land Dedication Fund; and approving the acceptance of the annual Audit for fiscal year 1996- 97. Councilwoman Arp seconded the motion. 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 Butler seconded the motion. -9- CITY COUNCIL MINUTES JANUARY 20,1998 Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace Nays: None Mayor Newton declared the meeting adjourned at 10.05 p.m. APPROVED THIS I fJrcJ DAY OF hlru.a. 'Y AYES, () NAYS, AND D ABSTENTIONS. ,1998, BY A VOTE OF 5 Minutes taken anif:d prepared ~y: 1M- ~ Je Harris, TRM , CMC City Secretary -10-