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Home My WebLink AboutCity Council-Minutes-11/8/1995 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 8,1995 The regular meeting of the Colleyville City Council was called to order by Mayor Ed Baker on November 8, 1995, 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, 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. 551.071 - Legal - Bettinger Addition law suit Sec. 551.071 - Legal - Sandlin Properties/American Title law suit Sec. 551.071 - Legal - Montclair Pare street vacation - potential litigation Mayor Baker explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal. He further explained that there would be no action taken or decisions made during this time. The meeting was recessed at 6:53 p.m. RESUME REGULAR MEETING - 7:30 PM The regular meeting resumed at 7:32 p.m. Councilman Steven Helling gave the invocation, after which Ross Foster led the Pledge of Allegiance. -1- CITY COUNCIL MINUTES NOVEMBER 8,1995 2. CORRESPONDENCE, MISCELLANEOUS REPORTSOF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Baker introduced Cub Scout Dens 10 and 3, Pack 228, sponsored by Good Shepard Catholic Community Church and thanked them for attending. Mayor Pro Tern Grace read and presented Proclamations to Juneria Berges, and Donna Arp Lotter, as outstanding citizens of Colleyville and expressed his thanks for their dedication to and work in the City of Colleyville. Councilman Don Butler read and presented a Proclamation to Ginny Tigue as an outstanding citizen of Colleyville and expressed his thanks for her dedication to and work in the City of Colleyville. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-95-1157 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 17, 1995 b. Approval of bid award for three (3) police cars to Village Ford in the amount of $56,400.00 c. Approval of bid award for one (1) pickup to Village Ford in the amount of $13,025.00 d. Approval of the disposal of surplus vehicles and equipment by public auction e. Approval of the purchase of a truck mounted sewer cleaning machine through the Houston-Galveston area council contract in the amount of $143,659.81 1. Approval of ratification of sign variance for Tara Animal Hospital, 611 Cheek-Sparger Road Mayor Baker opened the Public Hearing and read Resolution R-95-1157 in its entirety. -2- CITY COUNCIL MINUTES NOVEMBER 8, 1995 There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace requested Item e be removed from Resolution R-95-1157, to be considered separately. Councilman Butler moved to approve Resolution R-95-1157 with the exception of Item e. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Item e Councilman Grace moved to purchase this equipment outright, rather than pursue a lease/purchase contract. Councilman Helling seconded the motion. Discussion ensued regarding the amount budgeted for such a purchase. City Manager Bob Stripling suggested the Council approve the purchase and that he would advise them of options for the purchase. Councilpersons Grace and Helling accepted the City Manager's suggestion and agreed to amend their motion to approve the purchase of the truck-mounted sewer cleaning machine contingent on a report from the City Manager regarding the purchasing options. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-1006 - Adopting the Texas Municipal Retirement System's option of granting "restricted service credit" Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-1006. -3- CITY COUNCIL MINUTES NOVEMBER 8, 1995 There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Monaghan moved to table this item. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-1008 - Zoning change request by Eckerd Drug, from CC (Community Commercial) to CC with a Special Use Permit to allow the sale of beer and wine for off premise consumption, within a 9,504 s.t. building located on Lot 1, Block 1, Kaybird Addition, Commercial Net Lease Realty Inc.lEckerd Drug, 4814 Colleyville Blvd. Mayor Baker opened the Public Hearing and Ordinance 0-95-1008 was read in its entirety. There was no one present wishing to speak and Mayor Baker closed the Public Hearing. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-1009 - Zoning change request by the City of Colleyville to determine the appropriate zoning and consider change from R10 (Single Family Residential, minimum lot size of 10,000 s.f.) to R40 (Single Family Residential, minimum lot size of 40,000 s.t.) or R30 (Single Family Residential, minimum lot size of 30,000 s.f.) or R20 (Single Family Residential, minimum lot size of 20,000 s.f.) on 30.6 acres being a replat of Lots A1, A1A, A1B, A1C, A2 and B, Block 3; and Lot 3, Block 2, Frank N. Bettinger, Rose Elizabeth Tallas, Helen Bettinger Van Zandt, Gwenlynn Bettinger Swink, Jerry G. Swink, Fred Swink, Steve Bettinger, west side of Bettinger Drive, north of Van Oaks Drive Mayor Baker opened the Public Hearing and Ordinance 0-95-1009 was read in its entirety. Ms. Marie Powell, 3316 Glade Road, spoke regarding her descenting vote on the Planning and Zoning Commission regarding this item, the effect the proposed zoning would have on the surrounding property regarding infrastructure, and drainage issues. -4- CITY COUNCIL MINUTES NOVEMBER 8, 1995 Mr. Mike Richhart, 308 W. Van Oaks, spoke in favor of the zoning change and the proposed R40 zoning. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-1010 - Amending Section 22 of the Zoning Ordinance 0-77-248 to include the designation of Telecommunication Towers as a permitted principal use within specified zoning districts and adding a definition Mayor Baker opened the Public Hearing and Ordinance 0-95-1010 was read in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 8. READING AND PUBLIC HEARING - Resolution R-95-1159 - Approving the vacation of streets within the Montclair Parc subdivision Mayor Baker opened the Public Hearing and Resolution R-95-1159 was read in its entirety. Ms. Betty Jean Willbanks, 8601 Iron Gate Court, Fort Worth, spoke regarding security, maintenance, and property values. Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to Resolution R-95-1159. Ms. Anna Eisen, 4415 Eaton Circle, spoke in favor of the proposed Resolution. Mr. Paul Kramer, 3903 Buckingham Place, building a home in Montclair Parc, representing the Homeowners Association, spoke in favor of gated communities and 24 hour security. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Discussion ensued regarding the number of homeowners currently living in Montclair Parc, proper street maintenance, access to utilities, maintenance of easements, Homeowner's Association dues, the number of lots, walls, shrubs, and the need for specific guidelines regarding gated communities. Councilman Butler moved to approve Resolution R-95-1159. -5- CITY COUNCIL MINUTES NOVEMBER 8, 1995 Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. See Item #17. 9. READING AND PUBLIC HEARING - Resolution R-95-1160 -Approving a proposed street name change from Pembrooke Parkway East to Lexington Parkway Mayor Baker opened the Public Hearing and Resolution R-95-1160 was read in its entirety. Mr. Robert Hughey, 4207 Pembrooke Parkway East, suggested better signage rather than changing the street name. Mr. James Hamilton, 4203 Pembrooke Parkway East, spoke in favor of the proposed Resolution. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Discussion ensued regarding confusion due to the streets having the same name, duplicated street numbers, and the possibility of having only one Pembrooke Parkway in the future. Councilman Helling moved to approve Resolution R-95-1160. Councilman Monaghan seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-95-1161- Canvass of Charter Amendment Election held November 7, 1995 This item was removed from the Agenda. -6- CITY COUNCIL MINUTES NOVEMBER 8, 1995 ACTION ITEMS: 11. DISCUSSION AND CONSIDERATION OF EXTENDING A WATER LINE ON LLOYD'S CIRCLE Councilman Butler 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. Mr. and Mrs. Ross McCready, 306 Lloyd Circle, spoke regarding proper fire protection on Lloyd Circle. There were no others wishing to speak concerning this item. There was no action taken on this item. See Item #17. ~ 12. DISCUSSION AND CONSIDERATION OF AUTHORIZING STAFF TO DRAFT AN AMENDMENT TO THE SIGN ORDINANCE CHANGING THE FREQUENCY RATE FOR FLASHING SIGNS Discussion ensued regarding the elimination of all flashing signs, grandfathering the existing signs and not allowing any additional signs, and recommendations from the Sign Board of Appeals. It was the consensus of the Council to asked the City Manager and the Sign Board of Appeals to think about an ordinance regarding this issue. There was no action taken on this item. 13. DISCUSSION AND CONSIDERATION OF APPOINTING A COUNCIL MEMBER AS THE VOTING REPRESENTATIVE TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS City Manager Bob Stripling explained the functions of the NCTCOG and advised that we are a member of the organization, and that we are entitled to a voting representative. Councilman Helling moved to appoint Councilman Dennis Monaghan as the City's Voting Representative to the North Central Texas Council of Governments. -7- CITY COUNCIL MINUTES NOVEMBER 8, 1995 Councilman Martin moved to appoint Dennis Monaghan as the City's Voting Representative to the North Central Texas Council of Governments. Ayes: Councilpersons Helling, Martin, Butler, and Grace Nays: None Abstentions: Councilman Monaghan Mayor Baker declared the motion carried. 14. DISCUSSION AND CONSIDERATION OF CASTING VOTES FOR NOMINEES TO THE BOARD OF TARRANT APPRAISAL DISTRICT Councilman Butler moved to cast all 20 of the City's votes for Mr. Mac Wilburn. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ~ STAFF REPORTS: 15. ANNUAL INVESTMENT REPORT QUARTERLY INVESTMENT REPORT There was no action taken on this item. REPORTS: 16. PLANNING AND ZONING COMMISSION MINUTES - 10/23/95 ENVIRONMENTAL BOARD MINUTES - 10/12/95 There was no action taken on this item. CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Councilman Monaghan moved to suspend the rules to return to Item #11 and to allow the citizens to speak. -8- CITY COUNCIL MINUTES NOVEMBER 8, 1995 Councilman Helling seconded the motion. Mr. Bill Weeks, 5016 Bransford Road, spoke regarding the history of Lloyd Circle and the fire hydrant at the corner of Bransford Road and Lloyd Circle. Ms. Michele White, 301 Lloyd Circle, spoke regarding the lack of fire protection for the residences on Lloyd Circle. Mr. Ross McCready, 5016 Rose Street, spoke regarding their future financial status should this not be remedied soon. The City Manager advised that the City will not participate in this upgrade at this time, and not this fiscal year. Discussion ensued regarding the circumstances by which the City Manager made this decision. Mr. Bill Weeks, 5016 Bransford, spoke regarding the City keeping Mr. McCready from building due to the lack of a water line, stating it is the City's responsibility to provide proper fire protection. There was no action taken by the City Council regarding Item #11. Councilman Grace requested the Council return to Item #8, and moved to amend the previous action approving Resolution R-95-1159, adding a section to the Resolution regarding private utility companies having access to the streets for the purposes of reading meters, repairing their facilities and other related work. Councilman Butler seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. There were no citizens to speak regarding items not on the Agenda. -9- CITY COUNCIL MINUTES NOVEMBER 8, 1995 ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 8, 1995 - Reading and Public Hearing - Resolution R-95-1158 Mayor Baker opened the Public Hearing and read Resolution R-95-1158 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-95-1158, approving the purchase of a truck mounted sewer cleaning machine through the Houston-Galveston Area Council Contract in the amount of $143,659.81; approving the appointment of Dennis Monaghan as the voting representative of the City to the North Central Texas Council of Governments General Assembly; approving the casting of the City's 20 votes for Mac Wilburn for election to the Board of the Tarrant Appraisal District. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ADJOURNMENT: 19. 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 9:45 p.m. -10- CITY COUNCIL MINUTES NOVEMBER 8,1995 APPROVED BY A VOTE OF /J AYES, 0 NAYS, AND 0 ABSTENTIONS THIS 2J ~... DAY OF ^/V"\I-pmbe..r ,1995. Minutes taken a.JJ=Y: J n Harris, CMC City Secretary -11-