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HomeMy WebLinkAboutCity Council-Minutes-1/18/1994 MINUTES OF THE COLLEYVlLLE CITY COUNCIL MEETING JANUARY 18, 1994 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on January 18, 1994, at 6:45 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Steve McKain, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager Jan Belcher, City Engineer Scott Dyer, Director of Community Development Doug Henderson, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilperson Cheryl Feigel was absent. The invocation was given by Councilperson Ed McKnight, after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Section 551.072 - Land Acquisition - Sale and/or Acquisition of Property - Center Park Right of Way Section 551.072 - Land Acquisition - Sale and/or Acquisition of Property - Lavaca Trail Section 551.071 - Legal - Teresa Wells, Pat Cox, Jodi Foster, and Lavada Johnson Law Suits Mayor Newton explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.072 - Land Acquisition and 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., and reconvened at 7:30 p.m. RESUME REGULAR MEETING: 7:30 P.M. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mr. Jim Browne, Director of Parks and Recreation for the City of North Richland Hills was present and explained the Dallas/Fort Worth Metro Area Parks and Recreation Directors Association Volunteer of the Year program. He announced that Alan Linford had been chosen to receive this award and presented a plaque to Mr. Linford. Mayor Newton presented appreciation awards to retiring Parks and Recreation Board Members, Alan Linford and Jack Hartnett. Officer Bob Ethridge, Colleyville Police Department, was present and explained the Explorer program and announced that Matt Mentemeir had been chosen to receive the Explorer of the Year award. Mayor Newton presented a Proclamation to Mr. Mentemeir for his achievement of Explorer of the Year. Councilperson McKnight announced that Councilperson Cheryl Feigel and her husband Phil had been in an automobile accident and requested prayer for their recovery. -1- CITY COUNCIL MINUTES JANUARY 18, 1994 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-969 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 4, 1994 b. Approval of participation in the Bluebonnet /Riverwalk paving and drainage improvement c. Approval of Revised Final Plat of Bridlewood, 38.983 acre tract out of the M. Day Survey, Abstract 406, Tracts 1 and 1 B; T.J. RR. Co. Survey, Abstract 228, Tract 1 D; Harwood Homes Addition; M. Day Survey, Abstract 408, Tract 1A1, N. W. corner of Brown Trail and Cheek Sparger Road, requested by Sandlin Properties, Inc. d. Approval of a Replat of Lots 1 and 3, Block 1, and Lot 2, Block 1 Centerpark Addition, and Lot 2, Block 1, Village Park Addition to 1 R, 3R, and 4, Block 1, 11.234 acres, corner of Centerpark and S. H. 26, requested by Landmark Bank and Colland Limited Liability Corp. e. Approval of Financial Advisor Contract with First Southwest Company f. Approval of bid award to Anderson Excavating for drainage work on Hunter Lane, Shelton, and Pleasant Run in the amount of $41,463.80 g. Approval of Easement Agreement with Mr. Leonard E. Pratt for the construction of water line improvements across Tract A, McEwing Subdivision, 711 W. Lavaca Trail h. Approval of Personnel Policy Amendment - Chapter III - Employment i. Approval of Water and Wastewater Masterplan Consultant Mayor Newton opened the Public Hearing and read Resolution R-94-969 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore asked that Item i be removed from the Consent Resolution. Councilperson McKain asked that Item c be removed from the Consent Resolution. Councilperson McKain moved to approve Resolution R-94-969, with the exception of Items c and i. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. Item c Discussion ensued among the Council regarding the proposed open space. Councilperson McKain moved to approve Item c of Resolution R-94-969. -2- CITY COUNCIL MINUTES JANUARY 18, 1994 Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. Item i Discussion ensued regarding work on this project beginning prior to approval of the Master Plan. Councilperson Moore moved to approve Item i of Resolution R-94-969. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-932 - Zoning Change request, Thompson Terrace, Lots 13 and 14, Block 2, R20 to CC, 32,129 square feet, requested by Anne M. Adams, 5201 Thompson Terrace Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-932. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Montes moved to approve Ordinance 0-93-932. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-931 - Amending Chapter 4, Section 4, of the City Code, Ordinance 0-73-122, Regulating temporary businesses, roadside sales, food and merchandise vendors, seasonal and special sales, the use of tents and other temporary structures, and the outdoor display and sales in commercial and non-commercial districts of fruits, vegetables, agricultural products, and regulating the display and sales of non-food products in residentially zoned districts Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-931. Ms. Brenda Kerr, 6101 Lansford Lane, and Ms. Shirley Vencill, 900 Tinker, spoke in opposition to the proposed Ordinance. Mr. Charlie Hall, 4200 Glade Road, stated he feels all city ordinances should be enforced regarding the sale of fresh fruits and vegetables. -3- CITY COUNCIL MINUTES JANUARY 18, 1994 There being no others wishing to speak concerning this item, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding changes to the Ordinance regarding Section K - Outdoor Display and Sales in Residential Districts. 6. FIRST READING AND PUBLIC HEARING - 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 West coat, east side, requested by The David Bagwell Company for Patsy Jean Clark Riddle and L. J. Riddle Mayor Newton opened the Public Hearing and read Ordinance 0-93-927 in its entirety. Director of Community Development, Doug Henderson, briefly reviewed the request. Mr. Charles Wilmut, 6913 Westcoat, Ms. Loretta Burke, 209 W. McDonwell School Road, representing the Colleyville Homeowners Alliance, Ms. Becky Furguson, 401 John McCain, and Mr. R. C. Hightower, 300 and 304 John McCain Road spoke in opposition to the proposed Ordinance. Mr. Scotty Benedict, 6908 Westcoat, spoke in favor of the proposed Ordinance. There being no others wishing to speak concerning this item, Mayor Newton closed the Public Hearing. Discussion ensued regarding the proposed "one entrance", the length of the proposed cul-de-sac, and the proposed break-away gate. Mr. David Bagwell, applicant, was present and explained briefly that he felt the proposed development was compatible with the surrounding area. 7. READING AND PUBLIC HEARING - Resolution R-94-971 - Village Park Estates, Final Plat, 30.67 acres, out of the T. W. Poulson Survey, Abstract 1248, Tract 1V, and the T. J. Christian Survey, Abstract 275, Tracts 1 C and 1, Case P-93-045, Centerpark and Bedford Road, requested by TH SOV Southwest, L.P. Mayor Newton opened the Public Hearing and read Resolution R-94-971 in its entirety. There was no one wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued regarding houses being built in the flood plain, the original plat compared to the current proposed plat, comprehensive drainage study, and the possibility of creating drainage problems downstream. Councilperson McKain moved to approve Resolution R-94-971. Councilperson McKnight seconded the motion. Mr. Gary Maxwell, 3911 Woodstock, applicant, stated a drainage study had been done and a problem is being solved rather than being created. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. -4- CITY COUNCIL MINUTES JANUARY 18, 1994 8. READING AND PUBLIC HEARING - Resolution R-94-972 - Establishing a Parks and Recreation Field Use Fee Mayor Newton opened the Public Hearing and read Resolution R-94-972 in its entirety. Ms. Jan Belcher, Assistant City Manager, made a brief presentation on the proposed Field Use Fee, why it is needed and the way the funds would be used. Mr. Russell Kendzior, 3404 Huntington Drive, Mr. Russ Overby, 2507 Highland Drive, Mr. Mike Buttell, 3612 Wexford Court, Mr. James Gawrys, 7501 Overland Trail, Mr. Pat Horn, 2705 Jackson Court, Mr. Alan Linford, 3202 Wiltonwood Court, Mr. Michael Duran, 4202 Greenmeadow, Mr. Dan Rice, 2800 Scarborough Court, Mr. Stan Trent, 7501 Windswept, Mr. Gary Maxwell, 3911 Woodstock, and Mr. Michael McElaney, 1106 Hardage Lane, spoke in opposition to the proposed Resolution. There being no others wishing to speak concerning this item, Mayor Newton closed the Public Hearing. Discussion ensued regarding other options to get the $35,000. Councilperson Montes made a presentation in opposition to the proposed Resolution. Councilperson McKain moved to deny Resolution R-94-972. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion to deny Resolution R-94-972 carried. Councilperson McKain requested a Resolution be placed on the next agenda designating the non-resident fee be deposited into the General Fund rather than the Voluntary Park Fund. 9. READING AND PUBLIC HEARING - Resolution R-94-973 -Amending the allowed uses of Voluntary Park Fund monies Mayor Newton opened the Public Hearing and read Resolution R-94-973 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued regarding restrictions on the amount taken from the Voluntary Park Fund for maintenance. Mr. Pat Horn, Park Board Chair, stated he did not recall the Parks and Recreation Advisory Board discussing this item. Councilperson Moore moved to refer this subject to the Parks and Recreation Advisory Board for their appraisal and to put this item on the City Council Agenda of February 1, 1994. Councilperson Montes seconded the motion. The motion and second were~thdrawn. Further discussion was held regarding the date for this item to be brought before the City Council. -5- CITY COUNCIL MINUTES JANUARY 18, 1994 Councilperson McKain moved to refer this item to the Parks and Recreation Advisory Board to be brought before the City Council upon receipt of a recommendation from that Board. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. City Manager Bob Stripling asked if the Council would like to have the Resolution regarding the non-resident fee being deposited in to the General Fund rather than the Voluntary Park Fund placed on the City Council's agenda at the same time this item is brought back. It was the consensus of the Council to act on both items at the same City Council meeting. The City Manager was requested to review the budget and present alternatives to the Council regarding funding for park maintenance. TABLED ITEMS: 10. READING AND PUBLIC HEARING - Resolution R-93-957 - Adopting the Land Use and Thoroughfare Plan elements of the proposed Master Plan Councilperson McKnight moved to remove Resolution R-93-957 from the table. Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, McKnight, and Mayor Newton Nays: Councilpersons Moore and McKain Mayor Newton declared the motion carried. Mr. Sam Addy, 5008 Pool Road, Mr. Elliot Simon, 2401 Arbor Trail, Mr. Tom Reese, 4106 Buckingham, Mr. Mike Benston, 7510 Mount Vernon Drive, Ms. Karen Chapman, 103 Williamsburg Court, Mr. Bob Burke, 7213 Maranatha Court, Mr. James Guenther, 101 Charlottesville, Mr. Richard Filippi, 7206 Pebble Hill Drive, and Mr. Sam Travers, 7603 Lincoln Court, spoke in opposition to the proposed Master Plan. Mr. Scott Benedict, 6908 Westcoat Drive and Ms. Roxanne Allen, 104 John McCain Road, spoke concerning surveying work being done on John McCain in regards to the proposed Master Plan. Ms. Renee Lawrence, urged the citizens to continue their fight against the widening of John McCain as she and others have fought against the widening of Cheek Sparger Road. There being no others wishing to speak concerning this item, Mayor Newton closed the Public Hearing. Councilperson McKnight moved to table Resolution R-93-957. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. -6- CITY COUNCIL MINUTES JANUARY 18, 1994 ACTION ITEMS: 11. DISCUSSION AND CONSIDERATION OF ADOPTING A JUVENILE CURFEW ORDINANCE Councilperson Montes made a presentation regarding the Council adopting a curfew ordinance and having the Tarrant County Gang Task Force make a presentation to the City Council and Staff. Discussion ensued among the Council regarding the need for such an ordinance. The consensus of the Council was to deny the request of Councilperson Montes to consider such an ordinance. 12. DISCUSSION AND CONSIDERATION OF FIRE STATION This item was deferred to the next regular City Council agenda. STAFF REPORTS: 13. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 14. PARKS AND RECREATION ADVISORY BOARD MINUTES TRAFFIC SAFETY ADVISORY BOARD MINUTES There was no action taken on this item. CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 18,1994 - Reading and Public Hearing - Resolution R-94-970 Councilperson McKain moved to approve Resolution R-94-970, approving the revised final plat of Bridlewood and the Water and Wastewater Masterplan Consultant. Councilperson McKnight seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the motion carried. -7- CITY COUNCIL MINUTES JANUARY 18, 1994 ADJOURNMENT: 17. ADJOURNMENT There being no further business before the City Council, Councilperson McKain moved to adjourn. Councilperson McKnight seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and McKnight Nays: None Mayor Newton declared the meeting adjourned at 12:15 a.m. APPROVED THIS J~ AYES, n NAYS, AND DAY OF J:e b ru a. r ~ o ABSTENTIONS. ,1994, BY A VOTE OF 4- Minutes taken and prepared by: ~;J~ Jean Harris, CMC City Secretary -8-