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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. /~ -1- 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. -2- 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. -3- 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. -4- 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. ~ -5- 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. -6- 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. -7- 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 -8- CITY COUNCIL MINUTES FEBRUARY 17,1998 Minutes taken and prepared by: JJ~ J n Harris, TRMC, CMC City Secretary -9- 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 R~~) ;\R~~ R ~ \1$\__ ~~~JL\ (