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HomeMy WebLinkAboutCity Council-Minutes-4/19/1994 ( MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING APRIL 19, 1994 The regular meeting of the City Council of Colleyville was called to order by Mayor Pro Tern Ed McKnight on April 19, 1994, at 6:47 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. The invocation was given by Councilperson Jim Moore, after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Section 551.071 - Section 551.071 - Legal - Fedynich law suit Legal - Potential Litigation - Bettinger Place Addition Plat 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. 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 7:32 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 Mayor Pro Tern McKnight presented a Proclamation for Chamber of Commerce Week to Executive Director Carolyn Sims, President Ginny Tigue, and Past President Paula Bowser representing the Colleyville Area Chamber of Commerce. Mayor Pro Tern McKnight presented a Proclamation for Spring Clean-up to Donna Kauffman, Chair of the Environmental Board. Councilperson Feigel announced that the Community Unity Action Committee has been meeting weekly and are nearing their deadline for conclusions. She also announced that the Council representatives and the Grapevine/Colleyville Independent School District representatives would be meeting on April 20, for their quarterly meeting. (- -1- CITY COUNCIL MINUTES APRIL 19, 1994 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-997 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 5, 1994 b. Approval of Heritage High School Addition, preliminary plan, 41.870 acres out of the C. Cox Survey, Abstract 352, Tracts 7, 7 A, 6B, 7B, 7 A 1, 6B1. and a portion of Tracts 6B and 6A4, Heritage Avenue and Highway 121, requested by Cheatham and Associates for Grapevine/Colleyville Independent School District c. Approval of authorization of services for design and construction phase of water line improvements on Bill Simmons Road and Tinker Road to Knowlton-English and Flowers in the amount of $4,300 d. Approval of bid award to Tri-Tech Construction, Inc., in the amount of $142,574, for water line improvements on Lavaca Trail, L. D. Lockett Road, and Colleyville Boulevard e. Approval of Caldwell's Creek Addition City/Developer Agreement 1. Approval of Longwood Phase III and IV City/Developer Agreement Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-997 in its entirety. Ms. Dee Barker, 2200 Oak Knoll, raised questions regarding the instructions given to Knowlton-English- Flowers by the City staff regarding the improvements on Bill Simmons Road and Tinker Road. There were no others wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Montes requested Item "b" be removed from Resolution R-94-997. Councilperson Feigel requested Item "e" be removed from Resolution R-94-997. Item "b" Councilperson Montes expressed his concern for safety regarding Item "b" and stated his opposition. Item "e" Councilperson Feigel stated her opposition to the proposed waiver regarding the sidewalk, #3 of Item "e". Councilperson McKain moved to approve Resolution R-94-997, with the exception of Item "b" and #3 of Item "e". Councilperson Feigel seconded the motion. Mr. Raymond Chandler, developer, spoke regarding the proposed park area and sidewalk. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None ~\ Mayor Pro Tern McKnight declared the motion carried. -2- CITY COUNCIL MINUTES APRIL 19, 1994 Councilperson McKain moved to approve Item "b". Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, McKain, Feigel, and McKnight Nays: Councilperson Montes Mayor Pro Tem McKnight declared the motion carried. Councilperson Feigel moved to suspend the rules and consider Item 14 at this time. Councilperson McKain seconded the motion. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Pro Tem McKnight declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-94-1000 - Bettinger Place Addition, Preliminary Plan, 30.62 acres out of the J. E. Withers Survey, Abstract 1748, Tract A1, A2, A1 B, A1 C, A1A, and B, and being a replat of Lot 3, Block 2, west of Bettinger Drive, north of White Drive, requested by Phillip B. Scott Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-1000 in its entirety. Mr. Eddy Parker, 708 L. D. Lockett Road, Ms. Loretta Burke, 209 W. McDonwell School Road, Mr. Mark Attwood, 6312 Bettinger, Mr. Denny Threlkeld, 5805 Hunter Trail, Ms. Yvonne Hatton, 307 W. McDonwell School Road, Mr. Charles Walton, 6320 Westcoat Drive, Ms. Louise Smith, 6113 Bettinger, Ms. Vicki Hartnett, 2909 Bettinger, Ms. Linda Thomas, 505 McDonwell School Road, Mr. R. L. Perritt, 701 W. McDonwell School Road, Mr. Rob Benefield, 205 W. McDonwell School Road, representing the Colleyville Neighborhood Alliance, Mr. Conrad Pinkerton, 6001 Colts Neck, and Mr. Richard Cahill, 5901 Hunter Trail, presented a petition and spoke in opposition to the proposed Resolution. Mr. Jerry Swink, 6308 Steve Circle, spoke in favor of the proposed Resolution. Mr. John Pearce, 5104 Spyglass Drive, Dallas, representing the Bettingers, stated improvements would be made to the area, trees would be preserved, and stated that streets have been cut. Mr. Pearce also stated that the Bettingers are willing to be good neighbors. Mr. Rex Scott, 2713 Creekwood Drive, Grapevine, was present representing the applicant, and to answer questions of the Council. There being no others wishing to speak, Mayor Pro Tem McKnight closed the Public Hearing. Councilperson McKain moved to deny Resolution R-94-1000, stating that any future submittals, preliminary or final, must adequately address and include gravity fed sewer only, access guaranteed, no stub-outs, and complete drainage and traffic study on Bettinger and White Drives. Councilperson Feigel seconded the motion. Discussion ensued among the Council regarding assistance from the City concerning sewer and easements. -3- CITY COUNCIL MINUTES APRIL 19, 1994 \. 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 0-94-941 - 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. Councilperson Montes moved to approve Ordinance 0-94-941. Councilperson McKain 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 0-94-942 - Transferring the Garbage Collection Franchise from City Garbage to Laidlaw Waste Systems, Inc. Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-94-942. Mr. AI Oleckna, 104 Greenbriar Lane, requested a dumpster be made available to the citizens at no cost or a reasonable cost for community efforts in the Spring Clean-up. There were no others wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Moore moved to approve Ordinance 0-94-942. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. 6. SECOND 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 Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-944. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. ( Councilperson McKain requested a presentation be given at the next regular Council meeting regarding the realignment of John McCain Road. -4- CITY COUNCIL MINUTES APRIL 19, 1994 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-943 - Amending the Sign Code Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-94-943. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Moore requested a change to page 13, item 4D, changing the number of days to remove political signs to seven rather than three. It was the consensus of the Council to make this change prior to the third reading of Ordinance 0-94-943. 8. SECOND 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 the caption of Ordinance 0-94-946. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 9. SECOND 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 Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-945. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-948 - Adoption of a water conservation and emergency water demand management plan Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-94-948. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-949 - Zoning change request, Woodbriar Estates West, CN to PUD-R, 9.130 acre tract being Tract A, Block 3; Tract 3, Block 5R, and Tracts 4 and 5, Block 6R, Greenbriar Lane and San Bar, requested by Classic Concepts Custom Homes, Inc., Robert F. Kohsmann, President Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-94-949 in its entirety. Mr. Raymond E. Smith, 3713 Brentwood Court, Mr. Michael Costello, 3718 Woodcrest, Mr. Phillip Conroy, Woodbine Drive, and Mr. Mickey Feree, 3709 Woodcrest, spoke in favor of proposed zoning Mr. Bob Kohsmann, applicant, was present to answer questions of the Council. ~ Discussion ensued among the Council regarding the proposed percentage of open space, drainage problems, other developments by Mr. Kohsmann, deed restrictions, wood shingle roofs, site plan, the proposed park withlwithout amenities, and escrow for park amenities. -5- CITY COUNCIL MINUTES APRIL 19, 1994 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-950 - Zoning change request, AG to PUD-C, 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 Tem McKnight opened the Public Hearing and read Ordinance 0-94-950 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued among the Council regarding the addition of an Item #10 to Attachment #2 of Ordinance 0-94-950, stating that the main entrance and exit to the site would be on Highway 26. 13. READING AND PUBLIC HEARING - Resolution R-94-999 - Amending Council Rules and Procedures concerning "suspending the rules" Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-999 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Montes advised that his intent in requesting this item be considered is to amend the Council Rules and Procedures be consistent with Roberts Rules of Order to protect the minority. Councilperson Montes moved to approve Resolution R-94-999. Councilperson Moore seconded the motion. Discussion ensued among the Council regarding the reasons for suspending the rules in the past, leniency of the rules, and the number of citizens that have to wait for items to be considered. Ayes: Councilpersons Moore and Montes Nays: Councilpersons McKain, Feigel, and McKnight Mayor Pro Tem McKnight declared the motion failed. 15. READING AND PUBLIC HEARING - Resolution R-94-1001 - Approving the Land Use Assumptions to be used to develop a Capital Improvements Plan as the basis for a Wastewater Impact Fee Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-1001 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-1001. Councilperson Feigel seconded the motion. ,r- Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. -6- CITY COUNCIL MINUTES APRIL 19, 1994 16. READING AND PUBLIC HEARING - Resolution R-94-1 002 - Rustic Oaks, Lots 1 R1 and 1 R2, Block 3, being a replat of Lot 1, Block 3, 1.027 acres, 201 Valley View Drive North, requested by Tom Miller This item was removed from the Agenda by the applicant. 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 There was no motion to remove this item from the table. 18. CONSIDERATION OF RESOLUTION R-94-995 - Appointing members to the Park Land Dedication Committee There was no motion to remove this item from the table. ACTION ITEMS: 19. DISCUSSION AND CONSIDERATION OF THE EXTENSION AND CONSTRUCTION OF SANDERS LANE Mr. Steve Cammack, 6507 Meade Drive, Mr. Jon Niemczyk, 6509 Meade Drive, representing Ross Downs, Ms. Cathy Niemczyk, 6509 Meade Drive, presented a petition and spoke in opposition to the extension of Sanders Lane. Ms. Gail Callis, 6801 India Court, spoke in opposition regarding the elementary school being built in the area. Mr. Trey Hagar, applicant, was present to answer questions of the Council, and spoke concerning the "cleaning-up" of the intersection and extension of Sanders Lane. Ms. Gail Eagen, 2410 Twelve Oaks Lane, spoke concerning the development ofthe area of Reynolds, Wyatt, and Sanders Lane. Discussion ensued among the Council regarding the intersection at Tinker, Highway 26, and Sanders Lane, and having the Highway 26 Design Committee review the proposal prior to the Council taking action. Councilperson Montes moved to deny the proposal regarding the extension and construction of Sanders Lane. Councilperson Feigel 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 19, 1994 20. DISCUSSION AND CONSIDERATION OF FUNDING A VEGETATION SCREENING PLAN FOR PROPERTY OWNERS ABUTTING THE EXPLORER PIPELINE Discussion ensued among the Council regarding what the $15,000 escrow would include and who would be affected. Councilperson Moore moved to use the $15,000 for vegetation screening for the property owners abutting the Explorer Pipeline. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, Feigel, and McKnight Nays: Councilperson McKain Mayor Pro Tem McKnight declared the motion carried. 21. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF MAYOR Councilperson Montes moved to appoint Ed McKnight as Mayor to serve until his successor is elected in the Special Election to be held on May 7, 1994, to fill the unexpired term. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. STAFF REPORTS: 22. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 23. ZONING BOARD OF ADJUSTMENT MINUTES - 4/12/94 PLANNING AND ZONING COMMISSION MINUTES - 4/11/94 ENVIRONMENTAL BOARD MINUTES - 3/10/94 There was no action taken on this item. CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak. -8- CITY COUNCIL MINUTES APRIL 19, 1994 ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 19, 1994 - Reading and Public Hearing - Resolution R-94- 998 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-94-998 in its entirety, approving the preliminary plan of Heritage High School Addition; the $15,000 received from Explorer Pipeline be set aside to purchase screening vegetation for property abutting the railroad; and the appointment of Ed McKnight as Mayor until his successor is elected on May 7, 1994, to complete the unexpired term. There was no one present wishing to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. ADJOURNMENT: 26 . ADJOURNMENT There being no further business before the City Council, Councilperson Montes moved to adjourn. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the meeting adjourned at 10:40 p.m. APPROVED THIS . ~rrl DAY OF Mail NAYS, AND.a...- ""ABSTENTIONS. / ,1994, BY A VOTE OF LAYES,~ Minutes taken and prepared by: ~M;J~ City Secretary -9-