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HomeMy WebLinkAboutCity Council-Minutes-3/1/1994 r MINUTES OF THE COLLEYVlLLE CITY COUNCIL MEETING MARCH 1, 1994 The regular meeting of the City Council of Colleyville was called to order by Mayor Pro Tern Ed McKnight on March 1, 1994, at 6:45 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Steve McKain, and Cheryl Feigel were present. Mayor Pro Tern Ed McKnight, 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. Mayor Richard Newton was absent. The invocation was given by Councilperson Steve McKain, 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 Land Acquisition - Sale and/or Acquisition of Property - Heritage Colony Sewer Easements Land Acquisition - Sale and/or Acquisition of Property - Radio Tower Legal - Airport Navigational Facility - Ranger DVORTAC Legal - Garbage Franchise Legal - Potential Litigation Robbery Criminal Investigation Personnel - Appointment of Mayor Section 551.072 - Section 551.072 - Section 551-071 - Section 551.071 - Section 551.071 - Section 551.074 - Mayor Pro Tem McKnight explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal, Section 551.072 - Land Acquisition, and Section 551.074 - Personnel. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:49 p.m., and reconvened at 7:35 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 Ms. Judy Atwood and Ms. Donna Arp were present, representing the Colleyville Area Chamber of Commerce, to present a plaque to the volunteers on the KIDSVILLE Committee. Councilperson Cheryl Feigel and Mr. Len Ledet were present to receive the plaque and advised that it would be hung in City Hall. (- Councilperson Cheryl Feigel introduced the Committee Members that were present, presented each volunteer a KIDSVILLE pin, and thanked them for their hard work and efforts in making KIDSVILLE a dream come true. -1- CITY COUNCIL MINUTES MARCH 1, 1994 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-984 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 1, 1994 b. Approval of minutes of the regular City Council meeting of February 15, 1994 c. Approval of Bid Award for Water Meter Purchase Contract, to O. and R. Utilities in the amount of $22,690.00 d. Approval of Bid Award for Water Pipe, Pipe Fittings, and Fire Hydrants, to Ferguson Supply in the amount of $17,964.08 e. Approval of Contract Proposal for testing services to Rone Engineering in the amount of $9,561.00, for Chelsea Creek Pavement and Drainage project f. Approval of Contract Proposal for testing services to Rone Engineering in the amount of $11,408.50, for Oaks and Briarwood Pavement and Drainage project g. Approval of Bid Award for Saddlebrook drainage improvements to Conatser Construction, Inc., in the amount of $38,584.00 h. Approval of waiver of perimeter street improvement fees for the J. Stears Addition, northeast corner of Behrens Road and Tyler Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-984 in its entirety. Councilperson Montes requested Items "a" and "h" be removed and voted on separately. Councilperson Feigel moved to approve Resolution R-94-984, with the exceptions of Items "a" and "h". Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. Item "a" Councilperson McKain moved to approve Item "a" of the Resolution R-94-984. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, McKain, Feigel, and McKnight Nays: Councilperson Montes Mayor Pro Tern McKnight declared the motion carried. -2- CITY COUNCIL MINUTES MARCH 1, 1994 Item "h" Councilperson McKain moved to approve Item "h" of Resolution R-94-984. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, McKain, Feigel, and McKnight Nays: Councilperson Montes Mayor Pro Tem McKnight declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-938 - Amending Water and Sewer procedure Manual to allow for longer period before disconnection of water service Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-938. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Moore moved to approve Ordinance 0-94-938. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-933 - Zoning change request, AG to R30, 0.819 acres out of the T. White Survey, Abstract 1692, Tract 2F, Northeast corner of Shelton and Hunter, requested by Wade Evans Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-94-933. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Feigel moved to approve Ordinance 0-94-933. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. i- -3- CITY COUNCIL MINUTES MARCH 1, 1994 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-935 - Zoning change request, R20 to CN, 11,730 square feet, Lot 17, Block 1, Thompson Terrace, Northwest corner of Thompson Terrace and Glade Road, requested by Trey Hagar, Metrovest, Inc. Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-94-935. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson McKain moved to approve Ordinance 0-94-935. Councilperson Moore seconded the motion. Discussion ensued regarding future requests for variances relating to the proposed development. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-936 - Sale of General Obligation Bonds and refunding of outstanding General Obligation Bonds, Series 1989 and 1991 Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-94-936. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-937 - Sale of Revenue Bonds for the refunding of outstanding Revenue Bond Issues, Series 1987 and 1989 Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-937. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-939 - Zoning change request, AG with SUP for Historic Library to CN for Lot 2, Block 1, and AG to CN on the most northern 117 ft. section of Lot 1 R, Block 1, Wiggins Addition, and a Special Use Permit for Alcohol Sales on the most easterly 230 ft. of Lot 2, Block 1, Wiggins Addition, which encompasses the existing structure, for the purpose of allowing alcohol sales in a tea room setting, 5319 Bluebonnet, requested by Stephen and Sandy Hartnett Mayor Pro Tem McKnight opened the Public Hearing and read Ordinance 0-94-939 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Ms. Kate Singleton, 7222 Dalewood, Dallas, Texas, representing the applicant, was present to answer questions of the Council. Discussion ensued regarding hours of operation and parking. -4- CITY COUNCIL MINUTES MARCH 1, 1994 (- 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-940 - Zoning change request, CC to CC with SUP for Alcohol Sales, on an 8,606 s.f. area of the southeastern corner of the existing masonry building located on Lot 1, Block 1, Market Addition, for the purpose of allowing alcohol sales in two restaurant settings, 5009 Colleyville Boulevard, requested by Leona Zeqiri for Cafe Di Roma and Djuna Case for Monet's Restaurant Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-940 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Ms. Leona Zeqiri, applicant, was present to answer questions of the Council. Discussion ensued regarding the 60/40 rule regarding food and alcohol sales, the private club license versus the mixed beverage license, and membership in the private club. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-934 - Zoning change request, AG to CC, 2.885 acres out of the J. L. Byas Survey, Abstract 180, Tract 2W2 and a portion of Tract 2W, south side of Tinker Road and west side of Highway 26, requested by Trey Hagar, Metrovest, Inc. Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-934 in its entirety. City Manager explained that the Planning and Zoning Commission had not acted on this item until Monday, February 28, 1994. He stated that this is a complicated situation; that the applicant applied for a particular zoning and the Planning and Zoning Commission approved a different zoning. Director of Community Development Doug Henderson explained the desires of the applicant regarding the zoning request and the zoning that had been recommended by the Planning and Zoning Commission. City Attorney Ross Foster explained that the Planning and Zoning Commission would have to make a recommendation based on the request of the applicant. He stated that the Ordinance could be read as submitted; however, the Planning and Zoning Commission would need to submit a recommendation prior to the City Council's vote on the Ordinance. Mr. David Schuller, 6108 Ponderosa, requested a description of PUD-C and CPO zoning and what each would allow. He also spoke concerning a buffer zone between the proposed site and the homes nearby. There were no others wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued regarding the frontage on Colleyville Boulevard, the main entrance on Tinker rather than Colleyville Boulevard, when the proposals were made and what action was taken by the Planning and Zoning Commission. 12. READING AND PUBLIC HEARING - Resolution R-94-981 - Authorizing a presentation on youth crime and gang activity by the Northeast Division of the Tarrant County Gang Task Force Councilperson Feigel moved to read Resolution R-94-981, the version submitted by herself. Councilperson Montes called a point of order and asked that the Resolution he submitted be read, then consider amendments. -5- CITY COUNCIL MINUTES MARCH 1, 1994 Mayor Pro Tern McKnight advised that four (4) different versions of the same Resolution had been submitted. Two by Councilperson Montes, one by Councilperson Feigel, and one by Mayor Newton. He advised that he was going to label them a through d, "an being the latest Resolution submitted by Councilperson Montes, the original Resolution submitted by Councilperson Montes being "b", the Resolution submitted by Councilperson Feigel being "c", and the Resolution submitted by Mayor Newton being "d". Councilperson Feigel amended the motion to read Resolution R-94-981-c. Councilperson McKain seconded the motion. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Pro Tem McKnight declared the motion carried and opened the Public Hearing and read Resolution R-94-981-c in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Discussion ensued regarding the term "Board", a strategic plan created by a representative from each ofthe cities and the School Board, the Tarrant County Gang Task Force presentation, the closeness of the problem, the most effective way to address the problem, whether or not this Resolution included all areas covered in the other proposed Resolutions, and the possibility of causing unnecessary concern to the citizens. Councilperson Feigel motion to approve Resolution R-94-981-c. The motion failed due to the lack of a second. Councilperson Montes moved to read R-94-981-a as submitted. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, and Feigel Nays: Councilpersons McKain and McKnight Mayor Pro Tern McKnight opened a Public Hearing and read Resolution R-94-981-a in its entirety. Mr. Russ Kendzior, 3404 Huntington Drive, spoke concerning the redundancy of the proposed Resolutions and gang activity in Colleyville. Mr. David Aanderud, 3301 Huntington Drive, spoke in favor of an educational program regarding gang activity . There were no others wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Discussion ensued regarding the agreement of the GCISD and the City of Grapevine concerning this Resolution. -6- CITY COUNCIL MINUTES MARCH 1, 1994 Councilperson Montes moved to approve Resolution R-94-981-a. Councilperson Moore seconded the motion. Mayor Pro Tem McKnight spoke regarding other school districts within the City of Colleyville being included in any presentations or agreements concerning gang activities in Colleyville. Ayes: Councilpersons Moore and Montes Nays: Councilpersons McKain, Feigel, and McKnight Mayor Pro Tern McKnight declared the motion denied. Councilperson Feigel moved to read Resolution R-94-981-d. The motion died for lack of a second. Councilperson Montes moved to suspend the rules and allow Item 22 to be considered at this time. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried and announced that Item 22 would be considered at this time. 22. DISCUSSION AND CONSIDERATION OF GARBAGE FRANCHISE Ms. Suzie Grundy, 209 Timberline North, stated here concern for the City's garbage franchise agreement being with City Garbage since City Garbage has been bought by Laidlaw Waste Systems, Inc. 13. READING AND PUBLIC HEARING - Resolution R-94-986 - Acceptance of Mayor Richard W. Newton's resignation I calling the General Election, and a Special Election for May 7, 1994, and rescinding Resolution R-94-976 Mayor Pro Tem McKnight advised that this item is not necessary since the Mayor has not submitted his resignation letter and advised that, if necessary, a Special Council meeting would be called in order to accept the Mayor's resignation and to call a Special Election. TABLED ITEMS: 14. 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 West coat, east side, requested by The David Bagwell Company for Patsy Jean Clark Riddle and L. J. Riddle This item was not removed from the table. -7- CITY COUNCIL MINUTES MARCH 1, 1994 ACTION ITEMS: 15. DISCUSSION AND CONSIDERATION OF SIDEWALK REQUEST FOR FOX MEADOWS ADDITION FROM TRAFFIC SAFETY ADVISORY BOARD City Manager Bob Stripling recommended no action be taken until after the Traffic Safety Advisory Board and the Sidewalk Task Force have met again. Ms. Joanne Hutchins, 5302 Fox Trail Lane, spoke regarding the need for sidewalks, property values, crime, child safety, and an apparent lack of interest by the Traffic Safety Advisory Board. Ms. Betty Roth, 3315 Fox Glen Drive, spoke regarding the meeting held by the Traffic Safety Advisory Committee on February 14, 1994. Mr. David Aanderud, 3301 Huntington Drive, spoke regarding stop signs, monies for sidewalks, inconvenience in closing the street and safety for children. Discussion ensued among the Council regarding placement of stop signs, requirements of the Ordinance regarding stop signs, monies for sidewalks, easement obtainment, the decision and recommendation made by the Traffic Safety Advisory Committee . Mayor Pro Tern McKnight advised that the two letters submitted would be copied and distributed to the Council and the committee. 16. DISCUSSION AND CONSIDERATION OF OPEN MEETINGS ACT It was the consensus of the Council to have the proposed transcript presented by Councilperson Montes regarding the City Council meeting of February 1, 1994, made a part of the official record. 17. DISCUSSION AND CONSIDERATION OF FIRE STATION Discussion ensued regarding the purchase of property, command and control issues if joint effort with another City, and discussion of a particular piece of property at this time due to the price issue. Mayor Pro Tern McKnight advised that the City Manager is proceeding with the discussion of this item with the City of Bedford. 18. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO GCISD STRATEGIC PLANNING PROJECT Ms. Janice Kane, 2804 Cottonwood Lane, explained the teams, Community Unity and the Cultural Diversity Action. Councilperson Feigel advised that she would volunteer for the Community Unity Team. Mayor Pro Tern advised that further information would be obtained regarding the Cultural Diversity Action Team and a volunteer could then be appointed. ( -8- CITY COUNCIL MINUTES MARCH 1, 1994 19. DISCUSSION AND CONSIDERATION OF METROPLEX MEDIA AND ASSOCIATES REQUEST FOR CONTRIBUTION Ms. Renee Jiles, 3813 Rolling Meadows Drive, spoke regarding the efforts of Metroplex Media and Associates to bring informational issues and "good" press to the citizens of Colleyville. 20. DISCUSSION AND CONSIDERATION OF REQUEST FROM DAVID S. GROVES TO REPLACE DRIVEWAY ENTRANCE City Manager explained that Mr. Groves had been notified of the meeting. There was no action taken on this item and the City Manager was requested to put this item on the next agenda and to notify Mr. Groves. 21. DISCUSSION AND CONSIDERATION OF PUBLICIZING ROBBERY CASE Councilperson Montes requested the reason the robbery was publicized two weeks after the incident happened. City Manager advised that a photo would be the best way to retrieve the perpetrator and that a photo could not be obtained prior to two weeks after the incident. He further advised that the suspect had been arrested. Discussion ensued among the Council regarding the incident. It was the consensus of the Council that this should not be discussed further in the open meeting due to the pending trial of the suspect. 23. DISCUSSION AND CONSIDERATION OF COUNCIL MEETING RULES AND PROCEDURES Councilperson raised questions regarding R-91-654, Rules of Procedures for the City Council. Councilperson Montes moved to amend R-91-654, Section 2.10, to read as, "Suspension of the Rules - any provision of these rules not governed by State Law, City Charter, or City Code may be temporarily suspended by 2/3 vote of all members present and voting ,If per Roberts Rules of Order. Councilperson Feigel seconded the motion. Discussion ensued regarding suspension of the rules, standardization of the rules, and the use of Roberts Rules of Order. City Attorney Ross Foster advised that an amending Resolution would have to be voted on by the Council in order to make the recommended change. There was no vote taken on the motion. 24. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF MAYOR There was no action taken on this item. -9- CITY COUNCIL MINUTES MARCH 1, 1994 REPORTS: 25. TRAFFIC SAFETY ADVISORY BOARD MINUTES PARK AND RECREATION ADVISORY BOARD MINUTES ENVIRONMENTAL BOARD MINUTES PLANNING AND ZONING COMMISSION MINUTES SIGN BOARD OF APPEALS MINUTES There was no action taken on this item. CITIZEN COMMENTS: 26. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Dee Barker, 2200 Oak Knoll, spoke regarding the posting of Ordinances on the Bulletin Board as stated in the City Charter. ACTION/RESOLUTION: 27. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 1, 1994 - Reading and Public Hearing - Resolution R-94- 985 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-985 in its entirety. Councilperson Moore moved to approve Resolution R-94-985, approving the Minutes of the regular City Council meeting of February 1, 1994; approving the waiver of perimeter street improvement fees for the J. Sears Addition, northeast corner of Behrens Road and Tyler; and approving the appointment of Councilperson Feigel as the City's representative to the Community Unity Action Team of the Grapevine/Colleyville Independent School District. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, McKain, Feigel, and McKnight Nays: Montes Mayor Pro Tern McKnight declared the motion carried. ADJOURNMENT: 28 . ADJOURNMENT There being no further business before the City Council, Councilperson Moore moved to adjourn. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the meeting adjourned at 10:45 p.m. ~ -10- CITY COUNCIL MINUTES MARCH 1, 1994 APPROVED THIS /.5-& DAY OF ~,1994, BY A VOTE OF ~AYES,~ NAYS, AND ~ ABSTENTIONS. Minutes taken and prepared by: +J~' ean Harris, CMC City Secretary r -11-