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HomeMy WebLinkAboutCity Council-Minutes-4/5/1994 (- MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING APRIL 5, 1994 The regular meeting of the City Council of Colleyville was called to order by Mayor Pro Tern Ed McKnight on April 5, 1994, at 6:45 p.m. ROLL CALL: Councilpersons Jim Moore, 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. Councilperson Montes arrived at 6:48 p.m. The invocation was given by Councilperson Cheryl Feigel, after which Mayor Pro Tem McKnight led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Section 551.072 - Section 551-071 - Section 551.071 - 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 - Potential Litigation - Closing of Clearfield Drive Section 551.072 - 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 and Section 551.072 - Land Acquisition. 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 7:32 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 Councilperson Feigel reported that she had attended the Grapevine-Colleyville Independent School District Community Unity meeting and that they are still in the organizational stage. Mayor Pro Tern McKnight read a Proclamation for Child Abuse Prevention Week, April 10-16, 1994. Mayor Pro Tem McKnight read a Proclamation for National Organ and Tissue Donor Awareness Week, April 18-22, 1994. -1- CITY COUNCIL MINUTES APRIL 5,1994 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-993 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 15, 1994 b. Approval of minutes of the Special Called City Council meeting of March 21, 1994 c. Approval of entering Richard W. Newton's '1ntent to resign" as Mayor and his letter of resignation into the official record for the City Council meeting of March 1, 1994 d. Approval of authorization for final payment to Schrickel, Rollins and Associates for extra work requested by the Master Plan Committee in the amount of $9,128 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-993 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 asked that Item "c" be considered separately. Councilperson Moore moved to approve Resolution R-94-993, with the exception of Item "c". Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. Item "c" Councilperson Moore moved to deny Item "c". Councilperson Montes seconded the motion. Discussion was held among the Council regarding other Councilmembers and citizens making these same type requests. Ayes: Councilpersons Moore and Montes Nays: Councilpersons McKain, Feigel, and McKnight Mayor Pro Tem McKnight declared the motion failed. Councilperson McKain moved to approve Item "c" of Resolution R-94-993. Councilperson Feigel seconded the motion. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Pro Tern McKnight declared the motion carried. Councilperson Feigel moved to suspend the rules and take up Item 18 at this time. -2- CITY COUNCIL MINUTES APRIL 5, 1994 Councilperson McKain requested items 4 and 5 be handled prior to Item 18. Councilperson Feigel withdrew her motion. PUBLIC HEARINGS: 4. THIRD 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 Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-94-939. Ms. Luann Edwards, 220 west Glade, Planning and Zoning Commission Chair, spoke in favor of the request. Ms. Kate Singleton, 7222 Dalewood, Dallas, representing the Hartnetts, was present to answer questions of the Council. There were no others wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued regarding possible variances that could be asked for at a later date. Councilperson McKain moved to approve Ordinance 0-94-939. Councilperson Feigel seconded the motion. Ayes: Councilpersons Mckain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Pro Tern declared the motion failed due to the need for a 2/3 vote. 5. THIRD 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 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. Councilperson Moore moved to approve Ordinance 0-94-940. Councilperson Montes seconded the motion. r- Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. -3- CITY COUNCIL MINUTES APRIL 5, 1994 Councilperson Feigel moved to suspend the rules and take up Item 18 at this time. Councilperson McKain seconded the motion. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Discussion was held regarding Roberts Rules of Order versus the Council's Standing Rules concerning "suspending the rules". Mayor Pro Tem McKnight declared the motion carried. 18. DISCUSSION AND CONSIDERATION OF CLEARFIELD DRIVE Ms. Marie Powell, 3316 Glade Road, Ms. Betty Roth, 3315 Fox Glen Drive, Mr. Brian Bleess, 3508 Fox Meadows Drive, Ms. Paula Sklar, 5304 Bugle Lane, Ms. Beckie Munsell, 3302 Fox Glen Drive, Ms. Joanne G. Hutchins, 5302 Fox Trail Lane, Mr. Jack Martin, 3503 Fox Glen, Ms. Linda Kirschner, 3306 Fox Glen Drive, and Mr. Luke Witgen, 3401 Fox Glen, representing the Fox Glen Homeowners Association, spoke in favor of closing Clearfield Drive. Mr. Charles Walton, 6320 Westcoat Drive, read a letter from Loretta Burke stating she is in favor of closing Clearfield Drive. Mr. Walton also stated he is in favor of closing Clearfield Drive. Ms. Becky Clark, 3506 Fox Glen Drive, read a letter from Robert and Pat Batten stating they are in favor of closing Clearfield Drive. Ms. Clark also stated she is in favor of closing Clearfield Drive. Mr. Jeff Wilson, 3404 Fox Meadows Drive, spoke concerning different options that could be done, without closing the street, but would still slow traffic. MS.Lisa Summers, 3313 Fox Glen Drive, spoke in favor of limited vehicle access from Clearfield Drive to Fox Glen Drive. Ms. Karen Shoaf, 3324 Shadow Ridge, spoke in opposition to the closing of Clearfield Drive. There were no others wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Dr. Jim Wright, Chair of the Traffic Safety Advisory Committee, reviewed the Committee's report and recommendations. Mayor Pro Tern McKnight thanked the Committee for their efforts in trying to resolve this situation. Discussion ensued among the Council regarding the history of other roadways in Colleyville being closed, emergency response time, safety of children and pedestrians, sidewalks, and alternatives that could be tried prior to closing the street. Councilperson Montes read a statement and made a presentation in regard to the street closing. Councilperson Montes moved to instruct the City Manager and the City Attorney to begin the process to close Clearfield Drive. Councilperson Moore seconded the motion. -4- CITY COUNCIL MINUTES APRIL 5, 1994 Ayes: Councilpersons Moore and Montes Nays: Councilpersons McKain, Feigel, and McKnight Mayor Pro Tern McKnight declared the motion failed. Councilperson McKain reviewed staffs recommendations versus the alternatives from the Committee. Councilperson Feigel moved to install a sidewalk on the north side of Fox Glen from Clearfield to Roberts Road, reduce the speed limit to 20 mph, direct the Police Department to work with neighborhoods, and possibly PTA's to develop an educational program on pedestrian safety, install three-way stop signs at the major intersections, make Fox Trail a one way street with traffic moving from north to south, install marked crosswalks at Fox Glen and Roberts and at Fox Meadows and Roberts, place traffic buttons on the street to mark curves and school zones, place speed bumps on Fox Glen or multiple rows oftraffic buttons, install "watch for children" signs, and install "no parking" signs along Fox Glen. The motion died for lack of a second. Mayor Pro Tern McKnight stated that a forum should be held to set some criteria and a time line to try the suggested alternatives prior to closing the street. Councilperson McKain made a motion to place sidewalks on the north side of Fox Glen from Clearfield to Roberts (to be funded from a source other than the sidewalk budget), educate the community regarding safety, place speed bumps on Fox Glen, install crosswalks at Fox Glen and Roberts, and Fox Meadows and Roberts, place traffic buttons on curves and at school zones, and install "watch for children" signs. He asked that these requests be carried out expediently. He also asked that the Traffic Safety Advisory Committee consider optional reduction of speed limits to 25 mph in subdivisions and to consider other options for "stop" signs or other devices to slow traffic in necessary circumstances as a part of the motion. Councilperson Feigel seconded the motion. Discussion was held regarding implementation of these solutions and whether these would, in fact, be solutions or if a time limit should be set to look at other options. The Council did not set a time limit. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Pro Tem McKnight declared the motion carried. 6. THIRD 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. Mr. Trey Hagar, 5604 Colleyville Blvd., #E, spoke requesting the City Council approve the proposed Ordinance. Councilperson Moore moved to deny Ordinance 0-94-934. r- . Councilperson Montes seconded the motion. -5- CITY COUNCIL MINUTES APRIL 5,1994 Ayes: Councilpersons Moore, Montes, McKain, and Feigel Nays: Councilperson McKnight Mayor Pro Tern McKnight declared the motion carried. 7. SECOND 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 read the caption of Ordinance 0-94-941. 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 0-94-942 - Transferring the Garbage Collection Franchise from City Garbage to Laidlaw Waste Systems, Inc. Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-942. Ms. Opal Ethridge, 5309 Pleasant Run Road, questioned possible changes in pick-up days and rates. There were no others wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-944 - Zoning change request, ML to CC, 27.5 acres out of the A. J. Lott Survey, Abstract 963, Tract 3A, southwest corner of John McCain Road and Colleyville Boulevard, requested by Trey Hagar for Nellie Hillbish McClusky Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-944 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-947 - Regulating the permitting of miscellaneous lot grading and flat work paving This item was removed from the Agenda at the request of the City Staff. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-943 - Amending the Sign Code Mayor Pro Tem McKnight opened the Public Hearing and Ordinance 0-94-943 was read in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. ,- -6- CITY COUNCIL MINUTES APRIL 5, 1994 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-946 - Establishing alternative method of calculating connection fees for sanitary sewer Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-946 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-945 - Amending Miscellaneous Fee Ordinance 0-92-880 to charge a fee for background check for handgun purchasers Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-945 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-948 - Adoption of a water conservation and emergency water demand management plan Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-948 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 15. READING AND PUBLIC HEARING - Resolution R-94-995 - Appointing members to the Park Land Dedication Committee Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-995 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 Parks and Recreation Advisory Board and the Planning and Zoning Commission nominating two of their respective Board members whose terms are alternating to be named to this Committee. Councilperson Moore moved to table this item until the Parks and Recreation Advisory Board and the Planning and Zoning Commission recommend two members from each of their respective Boards. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. ~ -7- CITY COUNCIL MINUTES APRIL 5, 1994 16. READING AND PUBLIC HEARING - Resolution R-94-996 - Authorizing payment of compensation to the City Manager Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-996 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson McKain moved to approve Resolution R-94-996. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, McKain, Feigel, and McKnight Nays: Councilperson Montes Mayor Pro Tern McKnight declared the motion carried. TABLED ITEMS: 17. 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: 19. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE ENVIRONMENTAL BOARD Councilperson Moore moved to approve the recommendations as presented, appointing Donna Kauffman, Mark Lively, Lisa Peterson, and Joann Travers to the Environmental Board. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. 20. DISCUSSION AND CONSIDERATION OF LOCATION OF RADIO COMMUNICATION TOWER City Manager Bob Stripling reported that the Cities of Bedford and Colleyville have been working together to find a location suitable for the proposed tower. Mr. Stripling recommend locating the tower behind the Colleyville Police Department at 5201 Bransford Road. Councilperson Moore moved to approve the recommended site behind the Colleyville Police Department at 5201 Bransford Road. Councilperson Montes seconded the motion. -8- CITY COUNCIL MINUTES APRIL 5, 1994 Discussion ensued among the Council regarding the installation date, the reception, and compensation from other cities. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. REPORTS: 21. ZONING BOARD OF ADJUSTMENT MINUTES - 3/22/94 TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - 3/29/94 PLANNING AND ZONING COMMISSION MINUTES - 2/28/94 and 3/28/94 There was no action taken on this item. CITIZEN COMMENTS: 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 5, 1994 - Reading and Public Hearing - Resolution R-94- 994 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-994 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson McKain moved to approve Resolution R-94-994, entering Richard W. Newton's "intent to resign" and his letter of resignation into the official record of the City Council meeting of March 1, 1994; appointing four applicants as recommended to the Environmental Board, Mark Lively, Lisa Peterson, Joann Travers, and Donna Kauffman; with regard to Clearfield Drive as follows: a) sidewalks on north side of Fox Glen from Clearfield to Roberts (funded from a source other than the sidewalk budget), b) instigate community education with regard to safety, c) install speed bumps or buttons on Fox Glen, d) install crosswalks at Fox Glen/Roberts and Fox Meadows/Roberts, e) install buttons to mark curves and school zones, f) install "watch for children" signs, g) request the Traffic Safety Advisory Committee consider criteria for establishing 25 mph zones in subdivisions as an alternative to 30 mph zones, and criteria for the placing of "stop" signs or other traffic control devices at intersections and recommending such criteria to the City Council; approving the police department site for the radio tower and authorizing the City Manager to negotiate an appropriate interlocal agreement with the City of Bedford. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, McKain, Feigel, and McKnight Nays: Councilperson Montes /- Mayor Pro Tern McKnight declared the motion carried. -9- CITY COUNCIL MINUTES APRIL 5, 1994 ADJOURNMENT: 24 . ADJOURNMENT There being no further business before the City Council, Councilperson McKain 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 11 :15 p.m. APPROVEDTHIS~DAYOF~,1994,BYAVOTEOF S- AYES,~NAYS, AND ~ ABSTENTIONS. Minutes taken and prepared by: 4~ ~ -10-