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HomeMy WebLinkAboutCity Council-Minutes-7/19/1994 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JULY 19, 1994 The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel on July 19, 1994, at 6:45 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Jack Martin, and John Grace were present. Mayor Cheryl Feigel, 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 Don Butler was absent. The invocation was given by Mayor Pro Tem Jim Moore after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D 551.071 - Legal - Elder Law Suit 551.071 - Legal - Teresa Wells Law Suit 551.071 - Legal - Pat Cox Law Suit Mayor Feigel explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal. She further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:47 p.m., and reconvened at 7:30 p.m. / -1- CITY COUNCIL MINUTES JULY 19, 1994 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 Grace reported he attended a meeting on July 6, with Mayor Feigel and the Mayor of Bedford, Rick Hurt concerning the proposed joint Fire Station on Cheek- Sparger. He also reported that he attended the Grapevine/Colleyville Independent School District's School Board Liaison meeting on July 13. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-1029 - Consent Items: a. Approval of minutes of the regular City Council meeting of July 5, 1994 b. Approval of minutes of the Special Called City Council meeting of July 5, 1994 c. Approval of Grapevine/Colleyville Independent School District Pool Elementary School Addition, combination preliminary plan and final plat, 23.184 acres, being a replat of Joan Rice Addition, Kimsey Addition, and 5 acres out of the Robert Chowning Survey, Abstract 294, Tract 3, requested by Grapevine/Colleyville Independent School District, west side of Pool Road, south of Twelve Oaks subject to all technical requirements of the Development Review Committee being met prior to filing the plat at the County and the rezoning and replatting of the most easterly half of the property being approved prior to the City issuing a certificate of occupancy /-, d. Approval of water well drilling permit at 4606 Behrens Road e. Approval of the final plat, Market Addition, 3.96 acres, being a replat of Lot 1, Block 1, Market Addition, requested by Richard Myers, Colleyville Monticello Partners, Ltd., northeast corner Glade Road and S. H. 26 f. Approval of the amended plat of the K. R. Marsh Addition, Lot 2R, Block 1, 1.002 acres, requested by Kyle Marsh, south side of Oak Knoll Court g. Approval of the amended plat of Montclair Parc, Lot 30R, Block 1, requested by Michael J. and Phyllis Duran, 5305 Miramar Lane Mayor Feigel opened the Public Hearing and read Resolution R-94-1029 in its entirety. There was no one present to speak concerning this item and Mayor Feigel closed the Public Hearing. -2- CITY COUNCIL MINUTES JULY 19, 1994 Councilperson Montes moved to approve Resolution R-94-1029. Councilperson Grace seconded the motion. Councilperson Moore moved to amend the motion with corrections to Item "a", Minutes of the Regular Council meeting of July 5th, 1994, as follows: page 3 under item #4: "Councilperson Moore stated that the Ordinance was not exactly what he had asked for and advised Council he would make a motion to change it and read the amendment", page 1 0, Item #14, next to the last paragraph: "Councilperson Moore changed the wording of the letter of June 15, 1994, dropping the words 'either sold or' and 'be willing to' and it was agreed to by the developer's representative". Councilperson Montes seconded the amendment. The vote on the amendment to the original motion was as follows: Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. The vote on the motion to approve Resolution R-94-1029, as amended was as follows: Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-953 - Amending the City's Sign Ordinance regarding fruit and vegetable sales Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-953. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Ordinance 0-94-953. Councilperson Montes seconded the motion. -3- CITY COUNCIL MINUTES JULY 19, 1994 Councilperson Moore moved to amend the Ordinance as follows: Sections "a" and "c" be dropped from Ordinance 0-94-953, and Section "b" becomes Section "a" and change "goods and products" to "fruits and vegetables" and beginning with the fourth line from the bottom of the newly formed Section "a", change "for the length of the selling season" to "shall be for the May 1 to August 31 selling season each year". Council person Montes seconded the motion. Discussion ensued regarding the sale of pumpkins in non-residential areas, giving the area existing in the Sign Ordinance, 0-91-812, Section G.(4)(b)(6), regarding non- residential signs the designation of paragraph "b" and the concerns of creating additional problems while trying to resolve one. The vote on the amended motion was as follows: Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Councilperson Martin moved to make the existing paragraph under Section G.(4)(b)(6), of the Sign Ordinance 0-91-812, regarding non-residential signs the designation of paragraph "b". Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. The vote on the original motion was as follows: Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-954 - Approving Texas Utilities Electric Company's proposed rate riders for Economic Development Service, General Service Competitive Pricing, Wholesale Power Competitive Pricing, and Environmental Technology Service Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-954. -4- CITY COUNCIL MINUTES JULY 19, 1994 There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. City Manager Bob Stripling recommended tabling the Ordinance. Councilperson Montes moved to table Ordinance 0-94-954. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-957 - Amending Utility Fund Transfer Ordinance Mayor Feigel opened the Public Hearing and read Ordinance 0-94-957 in its entirety. Mr. Russell Kendzior, 3404 Huntington Drive, spoke in favor of the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-958 - Curfew Mayor Feigel opened the Public Hearing and read Ordinance 0-94-958 in its entirety. Mr. Mike White, owner of 9-Acres, 811 McDonwell School Road, spoke in opposition to portions of the proposed ordinance and requested clear cut direction from the Council. He stated that he is willing to work with the city regarding this issue. Mr. Russell Kendzior, 3404 Huntington Drive, spoke in favor of the proposed ordinance and urged the Council to pass the ordinance. There were no others wishing to speak concerning this item and Mayor Feigel read a letter from Blanche Ziegler, 3410 Langley Hill Drive, stating her opposition to the proposed ordinance and Mayor Feigel closed the Public Hearing. Councilperson Montes read a letter from the Colleyville Postal Service on Pleasant Run Road, stating activities by children that could be harmful to either children or postal employees, or other citizens, and spoke regarding other cities that have an ordinance such as this in place or are considering such an ordinance. He stated the Council must give the Police Department the authority to handle the gang members. -5- CITY COUNCIL MINUTES JULY 19, 1994 Mayor Feigel spoke regarding educating the public, providing youth activities, and not passing such an ordinance only because other cities are doing the same. She stated Gang members are not law abiding citizens and they will not obey a curfew. She further stated her feelings regarding the Task Force and the Council taking careful consideration of the proposed Ordinance. 8. READING AND PUBLIC HEARING - Resolution R-94-1032 - Approving an interlocal agreement for the trunk radio tower Mayor Feigel opened the Public Hearing and read Resolution R-94-1032 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-1032. Councilperson Moore seconded the motion. Discussion ensued regarding the monetary commitment of the City. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-94-1033 - Declaring expectations to reimburse sewer line construction expenditures with proceeds of future debt Mayor Feigel opened the Public Hearing and read Resolution R-94-1033 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-1033. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. -6- CITY COUNCIL MINUTES JULY 19, 1994 TABLED ITEMS: 10. 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, 6700-6800 Block of Westcoat, east side Council person Montes moved to remove Ordinance 0-93-927 from the table. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Mr. David Bagwell, applicant, 5500 Preston Road, Dallas, spoke regarding the revised plan and asked for the Council's input. He also requested unanimous approval of the Council, and stated he would prefer only one entry, since only one entry would preserve the native trees along Westcoat. Discussion ensued regarding the possibility of the subdivision having two entries, the width of the entry way, landscaping the median, amenities, signage, size of median, number of entries, gated entries, privacy, safety, number of lots, and the proposed street stub-out opening into another development in the future. Councilperson Moore moved to table Ordinance 0-93-927. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 11. CONSIDERATION OF ORDINANCE 0-94-951 - Authorizing issuance of waterworks and sewer system Revenue Bonds in the amount of $2,860,000 for sewer extensions There was no motion to remove this item from the table. -7- CITY COUNCIL MINUTES JULY 19, 1994 12. CONSIDERATION OF SHRUBS AND TREES INSTALLED BY OR ON BEHALF OF MONTCLAIR PARC - MR. RICHARD L. MUNSON Councilperson Montes moved to remove this item from the table. The motion failed due to lack of a second. ACTION ITEMS: 13. DISCUSSION AND CONSIDERATION OF CITY MANAGER'S PROPOSED BUDGET FOR FY 95 There was no discussion or action taken. 14. DISCUSSION AND CONSIDERATION OF APPOINTING A COUNCILPERSON TO THE NORTHEAST LEADERSHIP FORUM, INC., LEGISLATIVE COMMITTEE Councilperson Montes nominated Councilperson Jack Martin to serve as the Council's representative to the Northeast Leadership Forum, Inc., Legislative Committee. Councilperson Grace seconded the nomination. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. STAFF REPORTS 15. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS 16. PLANNING AND ZONING COMMISSION MINUTES - July 11, 1994 TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - July 11, 1994 ENVIRONMENTAL BOARD MINUTES - June 9, 1994 SIGN BOARD OF APPEALS MINUTES - June 20, 1994 There was no action taken on this item. -8- CITY COUNCIL MINUTES JULY 19, 1994 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 19, 1994 - Reading and Public Hearing - Resolution R-94-1030 Mayor Feigel opened the Public Hearing and read Resolution R-94-1030 in its entirety. There was no one present to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Resolution R-94-1030, approving the appointment of Councilperson Jack Martin as the Council's representative to the Northeast Leadership Forum, Inc., Legislative Committee. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilperson Moore moved to adjourn. Council person Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 9:10 p.m. -9- CITY COUNCIL MINUTES APPROVED THIS.vi DAY OF AfiUS' AYES, 0 NAYS, AND 0 ABSTEN IONS. Minutes taken and prepared by: ~;)~. Jean Harris, CMC City Secretary JULY 19, 1994 ,1994, BY A VOTE OF S -10-