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Home My WebLink AboutCity Council-Minutes-9/3/1996 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 3, 1996 The regular meeting of the Colleyville City Council was called to order by Mayor Ed Baker on September 3, 1996, at 6:50 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, City Engineer Jim Foster, Director of Community Development Doug Henderson, Economic Development Coordinator Mike Soab, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.072 - Property Acquisition - Pool Road right-of-way Sec. 551.072 - Property Acquisition - water tower site acquisition Mayor Baker explained that the Executive Session had been called in accordance with the Government Code Chapter 268, Section 551.072 - Property Acquisition. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:52 p.m., and resumed at 7:34 p.m. The invocation was given by Mayor Pro Tem John Grace, after which Ross Foster led the Pledge of Allegiance. r- -1- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Dennis Monaghan presented a Proclamation, proclaiming September, 1996, as PTA Enrollment Month, to Ms. Debbie Biebenu, representing the Grapevine/Colleyville Independent School District. There were no outgoing Planning and Zoning Commission members present to accept their plaques. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-96-1236 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 20, 1996 b. Approval of minutes of the special called City Council meeting of August 21, 1996 c. Approval of minutes of the City Council worksession held August 28, 1996 d. Approval of revised preliminary plan, Kaybird Addition, 7.243 acres out of the Thomas J. Polson Survey, Abstract 1248, Tracts 1A3, 1A2, 1A4A, 1E2A3, 1 E2B, 1 E2, 1 E2A, 1 E2C, 1 E1, 1A1, 1A6A, 1A7B, 1A7, and the T. J. Christian Survey, Abstract 275, Tract 1A, and Lot 2, Block 1, Bransford Road Elementary School Addition, Bud Sellers/Sam Brous, west side of Colleyville Boulevard and Centerpark e. Approval of final plat, Timarron Addition Colleyville Phase I, 25.045 acres out of the M. W. Davenport Survey, Abstract 432, Timarron Land Corporation, Steve Yetts, north side of John McCain Road f. Approval of corporate resolution for facsimile signatures for Texas Commerce Bank checking account g. Approval of an Interlocal Agreement with Tarrant County for joint purchases of numerous products, materials, and supplies -2- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 h. Approval of a contract with Carter-Burgess for engineering, architectural, and landscape architectural services for City Park in the amount of $401,310 I. Approval of a request by William D. Souder to set a Public Hearing date concerning the moving of a storage building to 8132 Precinct Line road Mayor Baker opened the Public Hearing and read Resolution R-96-1236 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-96-1236. Councilman Monaghan seconded the motion. Discussion ensued regarding the cost of the services for City Park versus what has been paid in the past for similar services. Ayes: Council persons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1034 - Adopting the Texas Municipal Retirement System option of granting "Restricted Service Credit" Mayor Baker announced that Items 4 - 6 of the Agenda, by consensus of the City Council, were being deleted from the Agenda and that there would be no action taken. 5. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1035 - Adopting the Texas Municipal Retirement System options of granting "Updated Service Credits" and "Increased Benefits to RetireesU There was no action taken, see item #4. -3- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 6. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1036 - Adopting the Texas Municipal Retirement System option of granting "Twenty Year/Any Age" Service Retirement Eligibility There was no action taken, see item #4. 7. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1038 - Adoption of proposed changes to the City's Building Permit and Inspection fees Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1038. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Martin moved to approve Ordinance 0-96-1038. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1039 - Adoption of proposed Fiscal Year 1996-97 Budget Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1039. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Ordinance 0-96-1039. Councilman Helling seconded the motion. ..- -4- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1040 - Adoption of proposed Fiscal Year 1996-97 Ad Valorem Tax Rate Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1040. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Butler moved to approve Ordinance 0-96-1040. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1041 - Zoning change request from R40 to R30 (single family residential minimum lot size 30,000 square feet) 3.1495 acres out of the I. Carodine Survey, Abstract 356, Tract 1 BB and Lot 6, Block 2, Reagan Estates, Walker R. Campbell/Charles W. & Kimberly C. Lowrance, 5516 Lowrie Road Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1041. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Helling moved to approve Ordinance 0-96-1041. Councilman Grace seconded the motion. ~ -5- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 Ayes: Council persons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 11. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1042 - Amending Ordinance 0-92-880, setting fees and charges for City services Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1042. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Butler moved to approve Ordinance 0-96-1042. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 12. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1043 - Authorizing levy and collection of a one-half cent sales and use tax Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1043. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Helling moved to approve Ordinance 0-96-1043. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None r Mayor Baker declared the motion carried. -6- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 13. SECOND READING AND PUBLIC HEARING - ORDINANCE 0-96-1044 - Zoning change request from CC-1 (Village Retail District), to CC-2 (Shopping Center District), on 7.24 acres out of the Thomas J. Polson Survey, Abstract 1248, Tracts 1A3, 1A2,1A4A,1E2A3, 1E2B, 1E2, 1E2A,1E2C, 1E1,1A1, 1A6A,1A7B, 1A7,and the 1. J. Christian Survey, Abstract 275, Tract 1A, and Lot 2, Block 1, Bransford Road Elementary School Addition and a request for a special use permit for a Restaurant Overlay District to allow alcoholic beverage sales for on-premise consumption, Bud Sellers/Sam Brous, northwest corner of Centerpark and Colleyville Boulevard Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1044. Councilman Grace moved to approve Ordinance 0-96-1044. Councilman Helling seconded the motion. Discussion ensued regarding the distance to Bransford Elementary School, the proposed site plan, traffic, and child safety. Councilman Helling moved to suspend the rules to allow the citizens to speak. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Mr. Bud Sellers, 4108 Crest Court, owner of the proposed property, advised that an easement for a roadway has been established behind Eckerd Drug that would connect to any future businesses along S. H. 26 in that area. Discussion ensued regarding amending the SUP to prohibit outdoor sales of alcohol. Councilman Grace moved to amend Ordinance 0-96-1044, by describing the boundary of the Specific Use Permit district in a manner which excludes all property west and north of a line connecting the most easterly corner of Lot 1, Block 1, Bransford Road Elementary School Addition, to the most southwesterly corner of Lot 1, Block 1, Kaybird Addition. -7- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 Councilman Butler seconded the motion. Ayes: Council persons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. The vote on the original motion as amended is as follows: Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 14. FIRST READING AND PUBLIC HEARING - ORDINANCE 0-96-1045 - Amending the Fiscal Year 1996 General Fund and Utility Fund Budgets Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1045. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 15. FIRST READING AND PUBLIC HEARING - ORDINANCE 0-96-1046 - Zoning change request, AG (agricultural) to R20 (single family residential, minimum lot size 20,000 sJ.), .496 acres out of the Simon Cotrail Survey, Abstract 328, Tract 1 H, Dihn H. & Ngoc Oahn Nguyen, north side of Glade Road, west of Summerbrook Drive Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1046. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. -8- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 16. FIRST READING AND PUBLIC HEARING - ORDINANCE 0-96-1047 - Adopting a water and sewer rate increase Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1047. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Discussion ensued regarding the length of time allowed to pay the bills and alternatives to raising rates. 17. READING AND PUBLIC HEARING - RESOLUTION R-96-1232 - Adopting the Colleyville Western Gateway Development Plan as an update to the Land Use Element of the Colleyville Master Plan Mayor Baker opened the Public Hearing and Resolution R-96-1232 was read in its entirety. Ms. Gene Cahill, 5901 Hunter Trail and Mr. Marc S. Chapell, 6005 Colts Neck Drive, spoke in opposition to the proposed Plan. Mr. Doug Blemings, 6000 Colts Neck Drive, requested information regarding the PUD-C zoning as presented. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Resolution R-96-1232. Councilman Monaghan seconded the motion. Discussion ensued regarding the City's control of development along Precinct Line Road under the proposed plan. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. -9- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 18. READING AND PUBLIC HEARING - RESOLUTION R-96-1238 - Approving the Colleyville Economic Development Corporation Articles of Incorporation Mayor Baker opened the Public Hearing and Resolution R-96-1238 was read in its entirety. Ms. Lori Napier, 2808 Cottonwood Lane, Colleyville Girls Softball Association, stated the Association supported the passage of the tax rate increase and requested the appointment of Bill Recker to the Corporate Board. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Resolution R-96-1238, naming Councilpersons John Grace, Don Butler, Jack Martin, and Dennis Monaghan as Board members as well as citizens Dennis Johnson, Ron Adams, and Gary Cantrell. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 19. READING AND PUBLIC HEARING - RESOLUTION R-96-1239 - Approval of a request for waiver of perimeter street fees by Charles Lowrance Mayor Baker opened the Public Hearing and Resolution R-96-1239 was read in its entirety. Councilman Grace moved to approve Resolution R-96-1239. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ~ -10- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 ACTION ITEMS: 20. DISCUSSION AND CONSIDERATION OF A REQUEST FROM MR. ALTON W. FONVILLE TO DEFER CONNECTION TO SANITARY SEWER Councilman Grace moved to suspend the rules to allow the citizens to speak. Councilman Martin seconded the motion. Mr. Alton Fonville, 816 L. D. Lockett, requested a continued deference of the connection to the City's sanitary sewer and advised that the property is for sale and that he does not wish to invest any money in the property. Discussion ensued regarding the time the property has been on the market for sale, the continuation of the deferment, alternatives, cost of the project and escrowing funds for the project. Councilman Grace moved to authorize the City Manager to enter into an agreement with Mr. Fonville to escrow $4,500.00 within 60 days in lieu of connecting to the sanitary sewer, which will be returned to the property owner upon sale of the property and connection to the sewer. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 21. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS These appointments were considered and approved in Resolution R-96-1238, item 18. -11- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 22. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT Councilman Butler nominated the following to be appointed to the Zoning Board of Adjustment: Place 1 - AI Mays Place 3 - Robert Van Til Place 2 - Marva Cain-Benton Place 5 - Rob Rutherford Alt. #1 - Walter J. Scott Jr. Alt. #2 - William Tyler Councilman Grace seconded the nominations. Ayes: Council persons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 23. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE TRAFFIC SAFETY ADVISORY COMMITTEE Councilman Monaghan nominated the following to be appointed to the Traffic Safety Advisory Committee and moved to appoint Mr. Chris Hatwig as Chair: Frank Whitmire Holly Scott Councilman Grace seconded the nominations and the motion. -12- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 Discussion ensued regarding the Council appointing the chair. Ayes: Councilpersons Helling, Monaghan, Butler, and Grace Nays: Councilman Martin Mayor Baker declared the motion carried. REPORTS: 24. PLANNING AND ZONING COMMISSION MINUTES - 8/26/96 There was no action taken on this item. CITIZEN COMMENTS: 25. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 30, 1996 - Reading and Public Hearing - Resolution R-96-1237 Mayor Baker opened the Public Hearing and read Resolution R-96-1237 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-96-1237, approving the authorization of the property owner at 816 L. D. Lockett Road, in lieu of connecting to the sanitary sewer, to place in escrow within 60 days, $4,500.00 which will be returned to the property owner upon sale of the property and connection to the sewer; appointing AI Mays, Place 1, Marva Cain-Benton, Place 2, Robert Van Til, Place 3, Rob Rutherford, Place 5, Walter Scott, Alternate No.1, and William Taylor, Alternate NO.2 to the Zoning Board of Adjustment; appointing Frank Whitmire and Holly Scott; and appointing Chris Hatwig as the Chair of the Traffic Safety Advisory Committee. /- -13- CITY COUNCIL MINUTES SEPTEMBER 3, 1996 Councilman Monaghan seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ADJOURNMENT: 27. ADJOURNMENT There being no further business before the City Council, Councilman Martin moved to adjourn. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the meeting adjourned at 9:20 p.m. APPROVED THIS J7f!:.. DAY OF ~C;~IlJ.hM hn" , 1996, BY A VOTE OF ~ AYES, () NAYS, AND 0 ABS~ Minutes taken and prepared by: ~ Je Harris, TRMC, CMC City Secretary ,- -14-