Loading...
HomeMy WebLinkAboutCity Council-Minutes-3/15/1994 MINUTES OF THE COLLEYVlLLE CITY COUNCIL MEETING MARCH 15,1994 The regular meeting of the City Council of Colleyville was called to order by Mayor Pro Tern Ed McKnight on March 15, 1994, at 6:46 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Steve McKain, and Cheryl Feigel were present. Mayor Pro Tem 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 W. Newton was absent. The invocation was given by Mayor Pro Tem 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 - Section 551.072 - Section 551.072 - Section 551-071 - Section 551.071 - Section 551.071 - Section 551.074 - Section 551.074 - 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 - Closing of Clearfield Drive Personnel - Appointment of Election Judge and Alternate Personnel - Appointment of Mayor Mayor Pro Tern 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 6:50 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 Mayor Pro Tern McKnight presented the Proclamation declaring March as Arbor Day Season to Ms. Sandy Trevathan, President of the Colleyville Garden Club. -\ Mayor Pro Tern McKnight presented a Proclamation to and announced that Ms. Yvonne Hatton had been chosen as the City's Volunteer of the Year for 1993. -1- CITY COUNCIL MINUTES MARCH 15, 1994 Councilperson Feigel moved to take up Item 22 at this point in the Agenda. The motion died for lack of a second. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-987 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 1, 1994 b. Approval of appointments to the Sidewalk Committee c. Approval of interlocal Geographic Information System (GIS) service agreement with University of Texas at Dallas d. Approval of water well drilling permit at 4108 Buckingham Place e. Approval of water well drilling permit at 5801 Quails Path 1. Approval of Agreement with Bond Attorney g. Approval of Chelsea Creek Drainage Improvement Project Change Order Number One h. Approval of amended plat for Lots 1 and 2, Block 1, Ponce Addition I. Approval of the contract proposal for testing services to Rone Engineering for Bransford Road improvement project Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-987 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-987. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. PUBLIC HEARINGS: 4. THIRD 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. -2- CITY COUNCIL MINUTES MARCH 15, 1994 Councilperson Montes moved to approve Ordinance 0-94-936. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. 5. THIRD 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 Tern 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 Tem McKnight closed the Public Hearing. City Manager Bob Stripling recommended this item be table due to interest rates at this time. Councilperson Moore moved to table Ordinance 0-94-937. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-939 - Zoning change request, AG with SUP for Historic Library to PUD-C for Lot 2, Block 1, and AG to PUD-C 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 the caption of Ordinance 0-94-939. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 7. SECOND 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 Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-940. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. -3- CITY COUNCIL MINUTES MARCH 15, 1994 8. SECOND 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 the caption of Ordinance 0-94-934. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued among the Council regarding a possible change in the requested zoning by the Applicant and the process such request would require. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-941 - Prescribing Regulations to review rates charged to Cable Television subscribers for the basic service tier Mayor Pro Tern McKnight opened the Public Hearing and Ordinance 0-94-941 was read in its entirety. Ms. Suzie Grundy, 209 Timberline North, requested the name of the franchise, and stated her concern for the City following the Charter regarding franchises. There were no others wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-942 - Transferring the Garbage Collection Franchise from City Garbage to Laidlaw Waste Systems, Inc. Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-942 in its entirety. Ms. Suzie Grundy, 209 Timberline North, spoke concerning the length of the contract being only for one year rather than a longer period. There were no others wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Mr. Doug Rivers and Mr. Richard Davis, Laidlaw Waste Systems, were present to answer questions of the Council regarding the proposed contract. 11. READING AND PUBLIC HEARING - Resolution R-94-986 - Rescinding Resolution R-94-976, and calling a Joint Election between the City of Colleyville and the Birdville Independent School District Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-986 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Moore recommended Helen Lear as the Election Judge and Sharon Lambert as Alternate Judge. Councilperson Moore moved to approve Resolution R-94-986, with the addition of the Judge's names. Councilperson McKain seconded the motion. -4- CITY COUNCIL MINUTES MARCH 15, 1994 Discussion ensued regarding why Resolution R-94-976 was being rescinded. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-94-989 - Asking the Tarrant County District Attorney to request an opinion from the Attorney General as to the legality of the Council meeting of February 1, 1994, being continued on February 2, 1994 Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-94-989 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued among the Council regarding the letter to Councilperson Montes from the District Attorney. Mayor Pro Tern McKnight requested the letter from the District Attorney to Mr. Montes dated March 3, 1994, be made a part of the official record. Councilperson Montes moved to approve Resolution R-94-989. The motion died for lack of a second. 13. READING AND PUBLIC HEARING - Resolution R-94-990 - Providing for the redemption of outstanding bonds (Series 1989 and 1991 Certificates of Obligation> Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-990 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson McKain moved to approve Resolution R-94-990. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-94-992 - Setting the date for a Public Hearing on the intent to establish a Wastewater Impact Fee to be assessed on new development Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-992 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. -5- CITY COUNCIL MINUTES MARCH 15, 1994 Councilperson McKain moved to approve Resolution R-94-992. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. TABLED ITEMS: 15. 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 This item was not removed from the table. ACTION ITEMS: 16. DISCUSSION AND CONSIDERATION OF REQUEST FROM DAVID S. GROVES TO REPLACE DRIVEWAY ENTRANCE Mr. David S. Groves, 5105 Summerbrook Drive, spoke regarding his request for the replacement of the driveway approaches at his home by the City of Colleyville. Discussion ensued regarding responsibility, cost, other homeowners with similar problems, funding sources, functionality, and the need for sidewalks. There was no action taken on this item. 17. DISCUSSION AND CONSIDERATION OF SIGN VARIANCE BY LANDMARK BANK Mr. Gary Green and Mr. Ken Martin, representing Landmark Bank, were present requesting the lighted marquis sign be changeable every five minutes, rather than twice an hour. Mr. Jim Fletcher, 1000 Hiddenoaks Court, spoke in favor of the proposed sign request. Discussion ensued regarding the safety aspect regarding distraction to drivers, the setting of a precedence, appealing to the sign board with this request, the proposed signal light location, and amending the sign ordinance so that each business is treated equally. Councilperson Moore moved to grant the proposed variance. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, and McKnight Nays: Councilpersons McKain and Feigel ~ -6- CITY COUNCIL MINUTES MARCH 15, 1994 18. DISCUSSION AND CONSIDERATION OF APPLICATION FOR DESIGNATION OF TREE CITY USA Councilperson McKain read a statement requesting the Council's support in the application for the City's designation of Tree City USA. He advised that $28 - 30,000 would be needed in the next budget process, recommended the Parks and Recreation Advisory Board serve as the Board, and stated the passing of the Ordinance is the first step. Discussion ensued regarding funding, planting of trees, appointment of the Board, allowing the Parks Department include the necessary funds in their annual budget, and passing the ordinance right away versus waiting until the 1994-95 budget process takes place. Councilperson McKain requested the proposed Ordinance asking the Parks and Recreation Advisory Board to serve be prepared by the staff and brought to Council for action. Discussion ensued regarding the referral of this item to the Parks and Recreation Advisory Board with copies of Ordinances from surrounding cities, requesting the Parks and Recreation Advisory Board give their input, asking for funding recommendations and waiting for the recommendation from the Board before directing staff to prepare the Ordinance. Councilperson Feigel moved to refer this request to the Parks and Recreation Advisory Board for consideration at some point in the future. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. 19. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF MAYOR There was no action taken on this item. STAFF REPORTS: 20. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 21. PARK AND RECREATION ADVISORY BOARD MINUTES TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES ENVIRONMENTAL BOARD MINUTES There was no action taken on this item. -7- CITY COUNCIL MINUTES MARCH 15, 1994 CITIZEN COMMENTS: 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Russ Russell, 3313 Circlewood Court, Grapevine, Mr. Minh Dau, 3313 Clearfield Drive, Grapevine, also owner of 3501 Fox Glen, Mr. John Anderson, 3310 Clearfield Drive, Grapevine, Ms. Mary Simien, 3326 Burning Log, Grapevine, Ms. Kathie King, 4240 Willow Bend, Grapevine, Mr. Edwin C. Heberlein,4241 Willow Bend, Grapevine, Ms. Kathleen Heberlein, 4241 Willow Bend, Grapevine, Ms. Charma Meek-Beck, 3314 Clearfield Drive, Grapevine. and Mr. Stephen R. Newby, 3322 Clearfield Drive, Grapevine, spoke in opposition to the closing of Clearfield Drive. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 15,1994 - Reading and Public Hearing - Resolution R- 94-988 Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-94-988 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Moore moved to approve Resolution R-94-988, approving the variance request of Landmark Bank Mid-Cities. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore. Montes, and McKnight Nays: Councilpersons McKain and Feigel Mayor Pro Tem McKnight declared the motion carried. ADJOURNMENT: 24 . 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 10:30 p.m. APPROVED THIS , 5tJ.... DAY OF ~, 1994, BY A VOTE OF ~ AYES, 2- NAYS, AND ....D.- ABSTENTIONS. Minutes taken and prepared by: ~ iJ.~ -8-