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Home My WebLink AboutCity Council-Minutes-2/20/1996 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 20, 1996 The regular meeting of the Colleyville City Council was called to order by Mayor Ed Baker on February 20, 1996, at 6:47 p.m. ROLL CALL: Councilpersons Steven Helling, Dennis Monaghan, Jack Martin, Don Butler, and John Grace were present. Mayor Ed Baker, City Manager Bob Stripling, Assistant City Manager Jan Belcher, Administrative Assistant Anne Born, Economic Development Director Mike Soab, Planner Tom Niederauer, City Engineer Jim Foster, Director of Community Development Doug Henderson, City Attorney Ross Foster, and City Secretary Jean Harris were also present. r- 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.071 - Legal - Elder Construction law suit Sec. 551.071 - Legal - Bettinger rezoning law suit Mayor Baker explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter 0, Section 551.071 - Legal. 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. The meeting reconvened at 7:30 p.m. The invocation was given by Mayor Ed Baker, after which Ross Foster led the Pledge of Allegiance. 1 CITY COUNCIL MINUTES FEBRUARY 20, 1996 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS There were no reports given or presentations made. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-96-1177 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 6, 1996 b. Approval of combination preliminary and final plat, Kay's Circle B Bar K Ranch, 13.840 acres, out ofthe J. J. Newton Survey, Abstract 1176, being a portion of Tracts 1A3, 1A3A, and 1A5, Bud Sellers/Eugene Abbey, Dunaway Associates, Inc., north end of Winnie Drive off Oak Crest Hill Drive c. Approval of Engineering Services Contract with Halff Associates, Inc., for Woodbriar Estates Drainage Improvements in the amount of $45,250.00 d. Approval of the authorization of the City Manager to enter into a tolling agreement with Knowlton-English-Flowers and Trinity Engineering in connection with the Elder Construction lawsuit Mayor Baker opened the Public Hearing and read Resolution R-96-1177 in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Martin moved to approve Resolution R-96-1177. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 2 CITY COUNCIL MINUTES FEBRUARY 20, 1996 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-96-1018 - Zoning change request, AG to R-40 (Single Family Residential, minimum lot size 40,000 s.f.), 1.09 acres, being a portion of Lot 2, Block 1, Davis Place, Ullin D. & Patricia Davis/C.L. Madden III, east side of Hunter Lane, north of Shelton Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1018. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Butler moved to approve Ordinance 0-96-1018. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 6. READING AND PUBLIC HEARING - Resolution R-96-1179 - Approving and authorizing the giving of notice of intention to issue revenue bonds Mayor Baker opened the Public Hearing and Resolution R-96-1179 was read in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Resolution R-96-1179. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 3 CITY COUNCIL MINUTES FEBRUARY 20, 1996 6. READING AND PUBLIC HEARING - Resolution R-96-1180 - Calling a general election for the purpose of electing Councilmembers to Places 3, 4, and 5, to be held on May 4, 1996 Mayor Baker opened the Public Hearing and Resolution R-96-1180 was read in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Helling moved to approve Resolution R-96-1180. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-96-1181 - Changing the allowed uses of the Voluntary Park Fund Mayor Baker opened the Public Hearing and Resolution R-96-1181 was read in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Resolution R-96-1181. Councilman Butler seconded the motion. Councilman Grace, Liaison to the Parks and Recreation Advisory Board, explained that this proposed change is to accommodate the sporting events during the time the City Park is under reconstruction in 1997. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 4 CITY COUNCIL MINUTES FEBRUARY 20,1996 ACTION ITEMS: 8. DISCUSSION AND CONSIDERATION OF AMENDED PLAT OF HERITAGE COLONY, REQUEST OF RODNEY WASCHKA Councilman Grace moved to suspend the rules to allow the citizens to speak. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Ms. Janice Gauntt Gardner, 3301 Bowden Hill North, spoke representing Heritage Colony, in favor of the proposed amended plat. Mr. Rodney Waschka, 3430 Pool Road, spoke in favor of the gated community as proposed in the amended plat of Heritage Colony. He gave cost comparisons of homes in gated communities versus homes in non-gated communities. Discussion was held regarding the lack of plans for a gated community from the beginning, the proposed site for the gates being on a street that goes into the next subdivision, planning, design, and the best interest of those communities surrounding this subdivision. Mr. Waschka, advised that there would be a wall erected around the subdivision if the gates are approved. He also stated that the street where the gates are proposed to be installed was planned to be a cul-de-sac, but requirements of the City changed that plan. Councilman Grace moved to deny the proposed amended plat of Heritage Colony. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 5 .__.__".______,___,_.._'__m.____.___.__._~~___..___ _ ___".___.._.,_.~_.._~_,__.___._.,_.".._..__.~..____".,.._._,*_ ...' .._.."._.._>._"._,_.__,_~__,__._.__~____________~.___.0-- CITY COUNCIL MINUTES FEBRUARY 20, 1996 TABLED ITEMS: 9. CONSIDERATION OF ORDINANCE 0-96-1013 - Proposed changes to the commercial zoning sections of the City's Zoning Ordinance Councilman Martin moved to remove this item from the table. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Councilman Helling moved to suspend the rules to allow the citizens to speak. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Ms. Lila Bench, 3810 Glade Road, representing Dr. Patterson, Mr. Maples, and Mrs. Goodrum, read a statement in opposition to the proposed changes to the zoning ordinance. Mayor Baker responded to Ms. Bench's statements of the Council being dishonest and corrupt, stating that the Council is trying to do what is best for the City as a whole and that many people have worked on this project, not just the City Council. Ms. Flora Moser, 5110 Heritage Avenue, spoke in opposition to the proposed changes. Mr. Steven Relyea, 4820 Willow Run Court, Fort Worth, owner of property north of Albertson's at S.H. 121 and Glade Road, spoke in opposition to the proposed changes. ~ 6 CITY COUNCIL MINUTES FEBRUARY 20, 1996 Councilman Grace moved to approve Ordinance 0-95-1013. Councilman Butler seconded the motion. Councilman Monaghan thanked the City staff, the Planning and Zoning Commission, and John Grace for their many hours of work on this project. He stated that positive steps have been made in improving our City by this proposed Ordinance. He also reviewed the following four issues to be consider in the future by both the City Council and the Planning and Zoning Commission: (1) design standards for sales tax generating businesses, vs. design standards for non-sales tax generating businesses; (2) differentiating between State Highway 121 and State Highway 26; (3) requiring all gasoline service stations obtain Special Use Permits, so that the Council has more control over where the stations are located and how many there are within our City; (4) give special consideration to properties zoned ML regarding future uses and whether or not those properties should be consumed in CC3, CC2, or CC1. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. STAFF REPORTS: 1 o. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 11. PLANNING AND ZONING COMMISSION MINUTES - 2/12/96 PARKS AND RECREATION ADVISORY BOARD MINUTES - 2/6/96 There was no action taken on this item. 7 CITY COUNCIL MINUTES FEBRUARY 20, 1996 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 20, 1996 - Reading and Public Hearing - Resolution R-96-1178 Mayor Baker opened the Public Hearing and read Resolution R-96-1178 in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Resolution R-96-1178; denying the amended plat of Heritage Colony. Councilman Helling seconded tbe motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ADJOURNMENT: 14. ADJOURNMENT There being no further business before the City Council, Councilman Grace moved to adjourn. Councilman Helling seconded the motion. ~ 8 CITY COUNCIL MINUTES FEBRUARY 20, 1996 Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the meeting adjourned at 8:30 p.m. APPROVED THIS 5-IJ DAY OF !vttlr(!,h. AYES, 0 NAYS, AND a ABSTENTIONS. ,1996, BY A VOTE OF 5 Minutes taken and prepared by: J9=::;R!f~ City Secretary 9