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HomeMy WebLinkAboutCity Council-Minutes-3/21/1995 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MARCH 21, 1995 The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel on March 21, 1995, at 6:50 p.m. ROLL CALL: Councilpersons Jim Moore, Jack Martin, Don Butler, and John Grace were present. Mayor Cheryl Feigel, City Manager Bob Stripling, Assistant City Manager Jan Belcher, Administrative Assistant Anne Born, City Engineer Scott Dyer, Director of Community Development Doug Henderson, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilperson Manny Montes was absent. The invocation was given by Councilperson Don Butler, after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Potential Litigation - Longwood Street failure Potential Litigation - John Stanford Potential Litigation - Metrovest, Inc. Potential Litigation - Bettinger Place Property Acquisition - Fire Station Mayor Feigel explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Litigation and Section 551.072 - Property Acquisition. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:53 p.m., and resumed at 7:37 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 Mayor Feigel read a Proclamation for Volunteer Week, April 23 - 29, 1995, and announced that the Proclamation would be mailed to the United Way organization. -1- CITY COUNCIL MINUTES MARCH 21, 1995 Mayor Feigel read a Proclamation for Spring Clean-Up, April, 1995, presented to Anne Born, Administrative Assistant for the City of Colleyville. Mayor Feigel read a Proclamation for the Basketball Advisory Board and presented it to Mike Shelton, a member of the Board. Mayor Feigel read a Proclamation for the Volunteer of the Year, 1995, and presented it to Bonnie Marr. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-95-1099 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 7, 1995 b. Approval of water well drilling permit at 1700 Tyler c. Approval of water well drilling permit at 1704 Tyler d. Approval of water well drilling permit at 2500 Kensington Place e. Approval of the recognition of the Fire Department as a Law Enforcement Agency f. Approval of a contract with Tarrant County for the inspection and permitting of certain on-site sewage disposal systems Mayor Feigel opened the Public Hearing and read Resolution R-95-1099 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-95-1099. Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -2- CITY COUNCIL MINUTES MARCH 21, 1995 PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-983 - Amending Section 3 of Chapter 11 of the Colleyville Code, removing fee schedule for garbage, trash, and recycling collection and disposal; and revising definitions Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-95-983. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Ordinance 0-95-983. Councilperson Butler seconded the motion. Councilperson Moore moved to amend Ordinance 0-95-983 by adding Section 2 stating that Section 3A of Chapter 11 of the Colleyville Code is amended by adding definitions as follows: solid waste - all garbage, brush, trash, recycling approved for collection and disposal; bulky solid waste - large garbage, brush, and trash items such as household furniture or appliances; and adding Section 5 stating that Section 3, addendum A be removed from Chapter 11 of the Colleyville Code. Councilperson Butler seconded the motion to amend Ordinance 0-95-983 as stated. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. The vote on the original motion to approve Ordinance 0-95-983 as amended was as follows: Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-984 - Granting a Franchise for the collection and disposal of garbage, trash, and recycling materials within the City of Colleyville and establishing the terms and conditions of said Franchise Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-95-984. Mr. Doug Blemings, 6000 Colts Neck Drive, spoke regarding the hours of pick-up and requested a penalty clause be added to the proposed Ordinance for failure to perform. -3- CITY COUNCIL MINUTES MARCH 21, 1995 Ms. Dee Barker, 2200 Oak Knoll, spoke regarding the definitions, picking up certain items such as lawn mower engines, gas tanks, etc., and franchise fees. She requested the Council postpone a decision on this item until further study is done. Ms. Marie Powell, 3316 Glade Road, spoke regarding poor service, irregular hours, recycling, charges, christmas tree recycling procedure, and Senior Citizens discount. Ms. Petra Lively, 7209 Jo Will, suggested alternative garbage pickups, such as only one pickup per week. There were no others wishing to speak and Mayor Feigel closed the public hearing. Discussion ensued regarding christmas tree recycling and low bidder of garbage service. City Manager Bob Stripling answered questions of the audience regarding land fill use by the citizens, hazardous household waste collection sites, definitions, littering, holidays, franchise fee, recycling cost, late pickup hours, and explained the penalty process for non performance. Discussion ensued regarding the expiration of the current contract, changes to Exhibit A, containers used by commercial customers, and Paragraph 2.9 and 7. Councilperson Grace moved to approve Ordinance 0-95-984. Councilperson Butler seconded the motion. Ayes: Councilperson Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-95-985 - Zoning change request from AG and R40 to R20 (single family residential, minimum lot size of 20,000 square feet), 7.94 acres out of the S. C. H. Whitten Survey, Abstract 1619, Tracts 1, 1T, 1J2C1, and Lots 3 and 4 of the O. Martin Addition, Chandler Cantrell Properties, Melvin and Loretta Mitchell, Owners, Robert J. Catino, Developer Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-95-985. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. -4- CITY COUNCIL MINUTES MARCH 21, 1995 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-987 - Zoning Change request from ML (light manufacturing) to PUD-C (planned unit development commercial with 28 residential lots), 21.299 acres out of the M. W. Davenport Survey, Abstract 432, the J. N. Gibson Survey, Abstract 591, Tracts 4A3, 4A1, 4A3B, and the Robert Chowning Survey, Abstract 294, Tract E1, and a portion of 1, Central Expressway No. 1 Joint Venture, Owner, Colleyville Development Limited Partnership, Developer, east side of Colleyville Boulevard, adjacent to Longwood Drive Mayor Feigel opened the Public Hearing and read Ordinance 0-95-987 in its entirety. Mr. Tom Cowee, 6905 Upland Lane, stated his support for this rezoning. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued regarding the number of proposed units on the cul-de-sac, the Council's consideration of this item prior to the Planning and Zoning Commission completing their process, specific plans, developer agreement, and compatibility of commercial and residential zoning. The City Attorney advised that the Council is not in violation of the law at this point in considering this rezoning. Director of Community Development Doug Henderson explained the proposed plan. 8. READING AND PUBLIC HEARING - Resolution R-95-1101 - Authorizing the execution of an agreement with the State of Texas through its transportation improvement program relative to City participation in an alternative fuels program Mayor Feigel opened the Public Hearing and read Resolution R-95-1101 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Martin moved to approve Resolution R-95-11 01. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -5- CITY COUNCIL MINUTES MARCH 21, 1995 9. READING AND PUBLIC HEARING - Resolution R-95-1102 - Preliminary Plan, 30.612 being a replat of Lots A1, A1A, A1B, A1C, A2, and B, Block 3, and Lot 3, Block 2, Bettinger Place, Frank Bettinger, Sr., est, F. E. Swink, Rose and Paul Tallas, TR, Stephen Bettinger, Jerry Swink, owners, west side of Bettinger Drive, south of McDonwell School Road Mayor Feigel opened the Public Hearing and read Resolution R-95-11 02 in its entirety. Mr. Rex Scott, Developer, was present to answer questions of the Council. Discussion ensued regarding the sewer and easement access to Westcoat. City Manager Bob Stripling, explained that the documents provided do not give assurance that the easements are available. Mr. Terry Brabon, 6101 Bettinger, Mr. Conrad Pinkerton, 6001 Colts Neck, Charles Walton, 6320 Westcoat Drive, Mr. Mike Richhart, 308 W. Van Oaks, Mr. Jerry Swink, , 6308 Steve Circle, Mr. Doug Blemings, 6000 Colts Neck Drive, Ms. Louise Smith, 6113 Bettinger, Mr. Marc Chapell, 6005 Colts Neck Drive, Yvonne Hatton, 307 W. McDonwell School Road, Steve Byers, 311 W. McDonwell School Road, Linda Thomas, 505 W. McDonwell School Road, Amy Vey, 6120 Bettinger Drive, Dale Gaskill, 5913 Quail's Path spoke in opposition concerning traffic, consistency with Master Plan, timing ofthis request in relation to the previous request of one year ago, aesthetics, impact on school system, retention pond, water and sewer system, drainage, density, incompatibility with current Colleyville development, condition of area roadways, water lines, width of Bettinger Street, quality of homes, exterior brick wall to the proposed addition, water pressure, and roadways along property zoned AG (agricultural). Mr. Steve Bettinger, owner, spoke regarding traffic flow and sewer connections. He advised that the proposed request would not impact the area negatively. There were no others wishing to speak and Mayor Feigel closed the Public Hearing. Discussion ensued regarding how the zoning of this property became R-10, compliance with all legal issues, and the anticipated number of cars/trips per day per exit. Councilperson Grace moved to deny Resolution R-95-11 02. Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion to deny Resolution R-95-1102 carried. -6- CITY COUNCIL MINUTES MARCH 21, 1995 TABLED ITEMS: 10. 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 A, 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. 11. 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. ACTION ITEMS: 12. DISCUSSION AND CONSIDERATION OF DEFERRING PAYMENT OF PERIMETER STREET FEE FOR COLLEYVILLE SHOPPING VILLAGE ADDITION - THEY HANGAR, METROVEST, INC. Ms. Zaida Basora Swanson, AlA, representing Metrovest, Inc., requested the Council allow her to continue her project and release her building permit. She advised that there is no time limit set in the City/Developer Agreement for the street improvements on Sanders Lane. City Manager explained that there is a City/Developer Agreement and that it is not being complied with at this time. There was no action taken by the City Council. 13. DISCUSSION AND CONSIDERATION OF AN ECONOMIC DEVELOPMENT SERVICES CONTRACT WITH THE COLLEYVILLE AREA CHAMBER OF COMMERCE Mr. John Pena, 200 N. Ector Drive, representing the Colleyville Area Chamber of Commerce, spoke concerning the Economic Development Services of the Chamber of Commerce. Discussion ensued regarding the proposal regarding new maps, and specific economic development. -7- CITY COUNCIL MINUTES MARCH 21, 1995 Councilperson Moore moved to approve an expenditure to update the Colleyville Map, not to exceed $2,500. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. STAFF REPORTS: 14. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES - 3/13/95 PARKS AND RECREATION ADVISORY BOARD MINUTES - 3/6/95 ZONING BOARD OF ADJUSTMENT MINUTES - 2/28/95 ENVIRONMENTAL BOARD MINUTES - 3/2/95 There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 21, 1995 - Reading and Public Hearing - Resolution R-95-1100 Mayor Feigel opened the Public Hearing and read Resolution R-95-11 00 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. -8- CITY COUNCIL MINUTES MARCH 21, 1995 Councilperson Martin moved to approve Resolution R-95-1100, approving the authorization of the Mayor to enter into a contract with the Colleyville Area Chamber of Commerce for an amount not to exceed $2,500 to prepare and publish new Colleyville Maps. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilperson Moore moved to adjourn. Council person Grace seconded the motion. Ayes: Councilpersons Moore, Martin, Butler, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 10:15 p.m. APPROVED ON THIS Lj.t.f.. DAY OF -At!: I I S AYES, 0 NAYS, AND 0 ABSTENTIONS. , 1995, BY A VOTE OF Minutes taken and prepared by: kJ~ Je Harris, CMC City Secret~ry -9-