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HomeMy WebLinkAboutCity Council-Minutes-1/17/1995 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 17, 1995 The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel on January 17, 1995, at 6:45 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Jack Martin, and John Grace were present. Mayor Cheryl Feigel, City Manager Bob Stripling, Assistant City Manager Jan Belcher, Finance Director Terry Leake, Administrative Assistant Anne Born, City Engineer Scott Dyer, Director of Community Development Doug Henderson, Administrative Intern Bob Greback, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilperson Don Butler was absent. The invocation was given by Mayor Pro Tern Jim Moore, after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.072 - Land Acquisition - Heritage right-of-way Mayor Feigel explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.072 - Land Acquisition. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:45 p.m., and resumed at 7:30 p.m. REGULAR MEETING: 7:30 P.M. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS There were no reports made by the City Council. Mayor Feigel presented the Governmental Finance Officer's Award to Finance Director Terry Leake. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-95-1079 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 3, 1995 b. Approval of minutes of the Special Called City Council meeting of January 5, 1995 -1- CITY COUNCIL MINUTES JANUARY 17, 1995 c. Approval of a Fire Truck purchase through The Houston-Galveston Area Council Contract (H-GAC) in the amount of $249,697.00 d. Approval of an Interlocal Agreement with the City of Grapevine to provide public safety services (police, fire, and emergency medical services) on the campus of the new Grapevine/Colleyville Independent School District High School located within the City limits of Grapevine e. Approval of the waiver of perimeter street and improvement fees for Fair Haven Estates, southwest corner of Wyatt Drive and Reynolds f. Approval of Funds Transfer Agreement with Texas Commerce Bank g. Approval of amendment to Oaks and Briarwood Testing Services Contract with Rone Engineers Mayor Feigel opened the Public Hearing and read Resolution R-95-1079 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. City Manager Bob Stripling asked that Items d and e be removed from Resolution R-95-1079, to be considered at a later date. Councilperson Grace moved to remove Items d and e from Resolution R-95-1079. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Councilperson Grace moved to approve Resolution R-95-1079. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-980 - Special Use Permit to allow alcohol sales in a 3,050 square foot space designated at Suite E, 5604 Colleyville Boulevard, a portion of Lot 1, Block 1, Town Square, Colleyville Town Square Shopping Center, requested by David Gore, dba Caviar to Cabernet Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-980. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Mr. David Gore, applicant, was present to answer questions of the Council. -2- CITY COUNCIL MINUTES JANUARY 17, 1995 Discussion ensued regarding the locking of the trash dumpster at this location and whether or not the control of the dumpster should be included with the Special Use Permit being requested. Councilperson Grace moved to remove the portion of the wording regarding the trash dumpster from the request. Councilperson Montes seconded the motion. Ms. Luann Edwards, 220 West Glade, Chair of the Planning and Zoning Commission, explained that the other shop operators at the center are in favor of the locked trash dumpster. Discussion ensued regarding the control aspect of the Special Use Permit in regard to the trash dumpster. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 5. READING AND PUBLIC HEARING - Resolution R-95-1 082 - Supporting the establishment of Adopt- a-Park and Adopt-a-Street Programs for the City of Colleyville Mayor Feigel opened the Public Hearing and read Resolution R-95-1082 in its entirety. Ms. Jenny Tigue, 4415 Meandering Way, spoke regarding "Colleyville Proud", and encouraged the citizens, Homeowners Associations, and Organizations of Colleyville to get involved in keeping our City beautiful. There being no others wishing to speak, Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Resolution R-95-1082. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. TABLED ITEMS: 6. CONSIDERATION OF ORDINANCE 0-93-927 - Oakbrook Hills, Zoning Change Request, AG to R20 and PUD-R, 25.223 acre tract out of the Robert B. Williams Survey, Abstract 1674, Tract 2A3, 6700- 6800 Block of Westcoat, east side, requested by The David Bagwell Company for Patsy Jean Clark Riddle and L. J. Riddle, 6700-6800 Block of Westcoat, east side There was no motion to remove this item from the table. 7. CONSIDERATION OF ORDINANCE 0-94-979 - Special Use Permit for a day care facility located in the most easterly 10,000 square feet area of building one of Phase I and the attached 4,000 square feet play area, on Lot 1, Block 1, Colleyville Shopping Village Addition, requested by Trey Hagar, Metrovest, Inc., 6221 Colleyville Boulevard There was no motion to remove this item from the table. -3- CITY COUNCIL MINUTES JANUARY 17, 1995 ACTION ITEMS: 8. DISCUSSION AND CONSIDERATION OF IMPROVEMENTS TO THE JOHN MCCAIN/COLLEYVlLLE BOULEVARD INTERSECTION AND RELATED SEWER LINE ALIGNMENT City Manager Bob Stripling reviewed the Master Thoroughfare Plan for the City of Colleyville regarding the proposed intersection. He reviewed the use of impact fee monies for this project, Capital Improvement funding, and assistance from the Texas Highway Department. He also reviewed the alternative intersection alignments and the status of the sewer extension for this area. Councilperson Montes moved to suspend the rules to allow the citizens to speak. Councilperson Martin seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Mr. Terry McCain, 1500 McCain Lane, spoke regarding easement donations for the proposed sewer extension. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Mr. Trey Hagar, 4121 Colleyville Boulevard, applicant, was present to answer questions of the Council. Mr. Hagar spoke regarding the cost sharing of the proposed street realignment with the City. Discussion ensued regarding timing of the proposed commercial development, budgeted monies, use of Impact Fees, funding of sewer by the developer, schedule of proposed sewer projects now in place, identifying the road alignment, commitment regarding the building of the roadway, 1/2 cent sales tax used to subsidize economic development, and cost analysis for the different alignment alternatives. 9. DISCUSSION AND CONSIDERATION OF FOX MEADOWS ROAD HUMP INSTALLATION City Manager Bob Stripling explained that in April, 1994, the City Council approved a Resolution calling for the installation of road humps on one street within this subdivision, and sidewalks throughout the subdivision. He explained that the Neighborhood Association had asked that the installation of the road humps be postponed until further discussions were held with the residents in the subdivision. Mr. Stripling reviewed the alternatives of the road humps and stated that the best choice at this time is to submit a petition as required by the City's Ordinance. Discussion ensued regarding the cost of the road humps, the closing of Clearfield Drive, and grandfathering the road humps since the referenced Ordinance was not approved at the time Resolution R-94-994 was passed. Councilperson Montes moved to suspend the rules to allow the citizens to speak. Councilperson Martin seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. -4- CITY COUNCIL MINUTES JANUARY 17, 1995 Ms. Betty Roth, 3315 Fox Glen Drive, Mr. Luke Witgen, 3401 Fox Glen, Mr. Brian Bleess, 3508 Fox Meadows Drive, Mr. Russell Kendzior, 3404 Huntington Drive, spoke in favor of the proposed road humps as approved in Resolution R-94-994 as well as the inclusion of road humps throughout the subdivision. Ms. Joanne Hutchins, 5302 Fox Trail Lane, was present representing the Fox Meadows Homeowner's Association. She advised that a survey had been taken by the Homeowner's Association and that the ballots not received back had been assumed to be ''yes'' votes, in favor of the road humps. She further advised that enough ballots were not received that concern was raised and house to house calls were made asking whether or not the residents wanted the humps. Ms. Hutchins stated that the results of the survey showed 76% of the residents on Fox Glen want the humps, 77% of the residents on Fox Trail want the humps, 92% of the residents on Fox Meadows want the humps, and 29% of the residents on Huntington want the humps. Councilperson Jack Martin, 3503 Fox Glen, speaking as a citizen, stated his opposition to the proposed road humps and more specifically the proposition of placing one of the humps in front of his home. Councilperson Manny Montes, 3608 Cotswold Court, speaking as a citizen, stated his support for the citizens of Fox Meadows and stated the Council should support and follow through with Resolution R-94-994, as passed by the City Council in April, 1994. Ms. Paula Sciara, 5304 Bugle Lane, spoke regarding the work ofthe Neighborhood Association concerning this project and requested the Council follow through with Resolution R-94-994. Ms. Billie Gayheart, 3212 Huntington, stated her opposition to the road humps. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued regarding the closing of Clearfield Drive and what action is needed by the Council at this time in order to follow through with Resolution R-94-994. Councilperson Montes moved to amend Resolution R-94-994, Sec. 1 (3)(c), to include the installation of road humps on Fox Trail Lane and Fox Meadows Drive. Councilperson Moore seconded the motion. Discussion ensued regarding the implementation of the other items in the Resolution and the exact location of the road humps. Ayes: Councilpersons Moore, Montes, and Mayor Feigel Nays: Councilpersons Martin and Grace Mayor Feigel declared the motion carried. 10. DISCUSSION AND CONSIDERATION OF APPOINTMENT TO PARKLAND DEDICATION COMMITTEE Councilperson Moore moved to appoint Ms. Yvonne Hatton to the Parkland Dedication Committee as recommended by the Parks and Recreation Advisory Board. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. -5- CITY COUNCIL MINUTES JANUARY 17, 1995 11. DISCUSSION AND CONSIDERATION OF EXPENDITURE FROM THE VOLUNTARY PARK FUND FOR SIGNS FOR COLLEYVlLLE NATURE CENTER City Manager Bob Stripling explained that the Texas Parks and Wildlife requires the signs be in place prior to their signing off on the project. He advised that the cost would be in excess of the original budget and requested approval of the Council for the total expenditure. Councilperson Moore moved to approve an expenditure in the amount of $3,638.89 from the Voluntary Park Fund for signs in the Colleyville Nature Center. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 12. DISCUSSION AND CONSIDERATION OF ANIMAL IMPOUNDMENT CONTRACT City Manager Bob Stripling explained that a contract is being negotiated with Animal America and recommended the Council authorize the Mayor to sign this contract, when prepared, if it meets with the provisions set forth. Councilperson Moore moved to approve the contract for impoundment services with Animal America. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 13. DISCUSSION AND CONSIDERATION OF TCI CABLEVISION PERFORMANCE City Manager reviewed the provisions of the franchise Ordinance regarding outages. Councilperson Montes stated his dissatisfaction with TCl's performance and stated that he feels TCI should give one-days credit to each customer in Colleyville for recent outages experienced. Mayor Feigel advised that there is legislation being considered on the State and Federal level to allow competition for Cable Television Franchises and encouraged those citizens concerned to write their Congressmen. STAFF REPORTS: 14. MONTHLY FINANCIAL REPORT There was no action taken on this item. -6- CITY COUNCIL MINUTES JANUARY 17, 1995 REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES - 1/9/95 PARKS AND RECREATION ADVISORY BOARD MINUTES -1/9/95 ZONING BOARD OF ADJUSTMENT MINUTES -1/10/95 There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Michael Hebert, 5504 Dusty Court, representing citizens living in Oak Creek Estates, Arbor Estates, and Wildwood Estates, spoke regarding drainage, the partnership with the City of Colleyville and the upcoming opportunity the Council has regarding the drainage problems. Mr. Russell Kendzior, 3404 Huntington Drive, spoke concerning the Mayor's handling ofthe Council meeting in regard to his freedom of speech during his allotted five (5) minutes. Mr. D. J. Garman, 3720 Oak Briar Lane, spoke regarding the Colleyville Oaks proposed development. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 17, 1995 - Reading and Public Hearing - Resolution R-95-1080 Mayor Feigel opened the Public Hearing and read Resolution R-95-1080 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Resolution R-95-1 080, amending Resolution R-94-994, Sec. 1 (3)(c) to provide for the placement of road humps on Fox Glen, Fox Trail, and Fox Meadows; approving the appointment of Yvonne Hatton to the Park Land Dedication Committee; approving the expenditure of $3,638.89 from the Voluntary Park Fund for signs in the Colleyville Nature Center; and authorizing the Mayor to sign a contract with Animal America for animal impoundment services. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, and Grace Nays: Councilperson Martin Mayor Feigel declared the motion carried. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilperson Moore moved to adjourn. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 10:05 p.m. -7- CITY COUNCIL MINUTES APPROVEDTHIS 7fi. DAY OF Fehrullrl/ AND -D-- ABSTENTIONS. ( Minutes taken and prepared by: ~~ Jean Harris, CMC City Secretary JANUARY 17, 1995 ,1995,BY AVOTEOF 6" AYES,~NAYS, -8-