HomeMy WebLinkAboutCity Council-Minutes-2/17/1998
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
FEBRUARY 17, 1998
The regular meeting of the Colleyville City Council was called to order by Mayor Richard
Newton on February 17,1998, at 6:46 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, Director of Public Services Jim Foster,
Community Development Manager Doug Henderson, Public Works
Manager Randy Bro\M1, 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. 551.074-
Legal - Caldwell's Creek Law Suit
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, 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 6:48 p.m., and reconvened at
7:51 p.m.
The invocation was given by Councilman Steven Helling, after which Ross Foster led the
Pledge of Allegiance.
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED
BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS,
PROCLAMATIONS, OR PRESENTATIONS
There were no reports given.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-98-1351 - Consent Items:
a. Approval of minutes of the regular City Council meeting of February 3, 1998
b. Approval of the combination preliminary plan and final plat, Lot 1, Block 1,
Ledesma Addition, 6.477 acres out of the R. B. Williams Survey, Abstract
1674, Tract 1A; owner: Gilbert & Toni Ledesma; applicant: Peebles &
Associates, west side of Pleasant Run Road, north of McDonwell School
Road
c. Approval of the amended plat of Lot 1 R, Block 1, Cox Estates, 1.00 acre,
being a replat of Lot 1, Block 1, Cox Estates, for the purpose of reducing the
size of the drainage and utility easement on the east lot line by Norman Cox,
4901 Behrens Road, east side of Behrens Road
d. Approval of the final plat, Leyton Grove, 29.167 acres out of the S. Whitten
Survey, Abstract 1619, Tracts 1S1, 1S, 1H, and 111; owner: Keswick Limited
Partnership, David Bag-well, President; applicant: Keith Jackson with Espey,
Huston & Associates, Inc., east side of Montclair Drive
Mayor Newton opened the public hearing and read Resolution R-98-1351 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
Councilman Martin requested Item 3d be removed from Resolution R-98-1351.
Councilman Grace moved to approve Resolution R-98-1351, with the exception of Item d.
Councilwoman Arp seconded the motion.
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the motion carried.
Item 3d -
Councilman Martin advised that he removed the item in order to vote in opposition to the
request.
It was the consensus of the Council to place this item on ending Resolution R-98-1352.
PUBLIC HEARINGS:
4. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1090 - Approving
retail base rate reductions for Texas Electric Utilities Company
Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1090.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
5. READING AND PUBLIC HEARING - Resolution R-98-1353 - Approval of the final
plat, The Villas at Caldwell's Creek, 11.561 acres out of the A. J. Lott Survey,
Abstract 963, a portion of TR 4; owner/applicant: Raman Chandler Properties, south
side of John McCain Road, east of Caldwell's Creek
Mayor Newton opened the public hearing and read Resolution R-98-1353 in its entirety.
Mr. Raman Chandler, 1704 Glade Road, reviewed a letter to the Mayor and Council dated
February 17, 1998, which is attached and made a part of these minutes at the request of
Mr. Chandler.
There -were no others wishing to speak concerning this item and Mayor Newton closed the
public hearing.
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
Discussion ensued regarding resolving this issue, paying park land dedication fees in lieu
of dedicating the open space to the City, the number of subdivisions developed by Mr.
Chandler, and what proposed buyers within the subdivision want.
Councilwoman Arp moved to approve Resolution R-98-1353.
Councilman Helling seconded the motion.
Ayes: Councilpersons Arp and Helling
Nays: Councilpersons Martin, Butler, and Grace
Mayor Newton declared the motion failed.
Councilman Martin moved to deny Resolution R-98-1353.
Councilman Butler seconded the motion.
Ayes: Councilpersons Martin, Butler, and Grace
Nays: Council persons Helling and Arp
Mayor Newton declared the motion carried.
TABLED ITEMS:
6. CONSIDERATION OF ORDINANCE 0-98-1086 - Zoning change request from R20
(single family residential, minimum lot size 20,000 s.f.) 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
Councilman Helling moved to remove this item from the table.
Councilman Martin seconded the motion.
Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the motion carried.
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
Councilman Helling moved to suspend the rules to allow the citizens to speak.
Councilwoman Arp seconded the motion.
Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the motion carried.
Mr. Vince Wells, 5909 Colts Neck Drive, spoke regarding the reasons Mr. DeGuire is
asking for variances and requested the Council deny this request.
Mr. Derek DeGuire, 5125 Davis Boulevard, spoke regarding the "Memorandum of
Agreement" to which he and the homeowners of Woodbriar Estates have agreed.
Mr. Larry Strelau, 3705 Oakbriar Lane, spoke regarding the "Memorandum of Agreement"
being made a part of the proposed Ordinance.
There -were no others wishing to speak conceming this item and Mayor Newton closed the
public hearing.
Councilman Helling moved to table Ordinance 0-98-1086.
Councilwoman Arp seconded the motion.
Discussion was held regarding direction from the Council regarding the changes to the
Ordinance.
Councilman Helling withdrew the motion to table.
Councilwoman Arp withdrew the second to the motion.
Discussion ensued regarding the proposed changes submitted by Mr. DeGuire. The
reference to the Memorandum of Agreement, ownership of the property when the
Greenbriar stub-out is closed, and the location of the fence.
Councilman Butler moved to approve Ordinance 0-98-1086 as amended.
Councilman Helling seconded the motion.
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CITY COUNCIL MINUTES
FEBRUARY 17, 1998
Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the motion carried.
7. CONSIDERATION OF ORDINANCE 0-98-1089 - Amending Ordinance 0-92-877
governing the use of public rights-of-way by Southwestern Bell Telephone
Company
Councilman Helling moved to remove this item from the table.
Councilwoman Arp seconded the motion.
Ayes: Council persons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the motion carried.
Councilman Butler moved to approve Ordinance 0-98-1089 as amended.
Councilman Helling seconded the motion.
Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the motion carried.
ACTION ITEMS:
8. DISCUSSION AND CONSIDERATION OF A REQUEST BY MR. CARL MITCHAM
TO WAIVE THE SEWER CONNECTION CHARGES AT 4612 BILL SIMMONS
Discussion ensued regarding the history of the property at 4612 Bill Simmons, the lack of
documentation regarding the sewer connection being given in exchange for easements,
and who will live in the proposed home.
There was no action taken on this item.
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
9. DISCUSSION AND CONSIDERATION OF A RATE INCREASE REQUEST BY
LAIDLAW WASTE SYSTEMS FOR GARBAGE COLLECTION SERVICE
Mr. Joseph Noorlag, 5507 Sycamore, spoke regarding the proposed rate increase.
Discussion ensued regarding rates of surrounding cities, profits, and length of the current
contract.
It was the consensus of the Council to place an Ordinance on the next agenda for
consideration of the rate increase.
STAFF REPORTS:
10. MONTHLY FINANCIAL REPORT
QUARTERLY INVESTMENT REPORT
There was no action taken on this item.
REPORTS:
11. PLANNING AND ZONING COMMISSION MINUTES - 2/9/98
ZONING BOARD OF ADJUSTMENT MINUTES - 2/10/98
PARKS AND RECREATION ADVISORY BOARD MINUTES - 2/2/98
SIGN BOARD OF APPEALS MINUTES - 2/5/98
There was no action taken on this item.
CITIZEN COMMENTS:
12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
ACTION/RESOLUTION:
13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL
AGENDA ACTION FOR THE MEETING OF FEBRUARY 17,1998 - Reading and
Public Hearing - Resolution R-98-1352
Mayor Newton opened the public hearing and read Resolution R-98-1352 in its entirety.
There was no one present wishing to speak conceming this item and Mayor Newton closed
the public hearing.
Councilman Grace moved to approve Resolution R-98-1352, approving the final plat of the
Ley ton Grove subdivision, 29.167 acres out of the S. Whitten Survey, Abstract 1619,
Tracts 1 S1, 1 S, 1 H, and 111; owner: Keswick Limited Partnership, David Bagwell,
President; applicant: Keith Jackson with Espey, Huston & Associates, Inc., east side of
Montclair Drive.
Councilman Butler seconded the motion.
Ayes: Council persons Helling, Arp, Butler, and Grace
Nays: Councilman Martin
Mayor Newton declared the motion carried.
ADJOURNMENT:
14. ADJOURNMENT
There being no further business before the City Council, Councilman Martin moved to
adjourn.
Councilman Butler seconded the motion.
Ayes: Councilpersons Helling, Arp, Martin, Butler, and Grace
Nays: None
Mayor Newton declared the meeting adjourned at 9:52 p.m.
DAY OF
ABSTENTIONS.
, 1998, BY A VOTE OF
APPROVED THIS
AYES, NAYS, AND
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CITY COUNCIL MINUTES
FEBRUARY 17,1998
Minutes taken and prepared by:
JJ~
J n Harris, TRMC, CMC
City Secretary
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Ladies and Gentlemen of the Council
1. We have complied with all the terms and condition of the PUD-R Zoning Ordinance.
2. We have elected to pay the Park Fees in lieu of dedication as provided in the Park Land
Dedication Ordinance.
3. \\~e have complied \vith all the terms and conditions of Zoning Ordinance No. 0-97-1062
4. The one remaining issue being the refusal of the Planning and Zoning Commission and the
City Council to approve the Final Plat unless and until we agree to dedicate the Common Open
Space to the City of Colleyville.
), Such a requirement is in violation of the controlling ordinances of the City of Colley vii Ie,
6, And of the Texas Constitution Bill of Rights: Section 17
Taking, damagin~ or destro\'ing property for public use: special prl\'ileges and
immunities; control of privileges and franchises
Sec 17. ~o person's property shall be taken, damaged or destroyed for or applied to
public use without adequate compensation being made. unless by the COllsent of such
person: and, when taken, except for the use of the state. sllch compensation shall be first
made, or secured by a deposit of money; and no irre\'ocable or uncontroll:1ble grant of
special pri\'ileges or immunities, sh311 be made; but all pri\'ileges and fr~lnchises gr,:nted
by the Legislature, or created under its authority,' shall be subject to the control thereof
7, ,-\nd of the Constitution of the United States as provided in the fifth .-\mendment of the Bill
of Rights
No person shall be held to ans\\'er for a capital, or otherwise infamolls crime. unless on a
presentment or indictment of a grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of\\'ar or public danger; nor shall
any person be subject for the same offense to be twice put in jeopardy of life or limb: nor
shall be compelled in any criminal case to be a witness against himself, nor be depri\'ed
of life, liberty, or property, without due process of law: nor shall private property be taken
for public use \\'ithout just compensation,
and again in the Fourteenth amendment
~o state shall make or enforce anv law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any State depri \'C any person of Ii fe, liben\'. 0['
property; without due process of la\\': nor deny to a11\ person \vithin its iurisdiction the
equal protection of the laws,
8. We respectfully request the approval of the Final Plat for the Villas at Cald\\'ell's Creek to
avoid any further delays and resulting damages.
The foregoing request being submined to the City Council members of the City of Colleyville
and to Jean Harris, City Secretary of the City of Colleyville to be included in its entirety in the
official minutes of the City Councill'v1eeting on this the 17th day of February, 1998
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