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HomeMy WebLinkAboutCity Council-Minutes-8/16/1994 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING AUGUST 16, 1994 The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel at 6:50 p.m. ROLL CALL: Councilpersons Jim Moore, Jack Martin, Don Butler, 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 Manny Montes arrived at 7:40 p.m. The invocation was given by Councilperson Jack Martin after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D 551.071 - Legal - Montclair Parc Right-of-Way - Attorney Inquiries 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 recess at 6:53 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 There were no reports given. r -1- CITY COUNCIL MINUTES AUGUST 16, 1994 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-1037 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 2, 1994 b. Approval of minutes of the City Council Worksession held on August 3, 1994 c. Approval of minutes of the City Council Worksession held on August 10, 1994 d. Approval of minutes of the City Council Worksession held on July 30, 1994 e. Approval of water well drilling permit at 4608 Stafford Drive f. Approval of bid award for sidewalk improvements to M. A. Vinson Construction Company, Inc., in the amount of $ 39,275 g. Approval of City/Developer Agreement for Good Shepherd Catholic Church Mayor Feigel opened the Public Hearing and read Resolution R-94-1037 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Resolution R-94-1037. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-957 - Amending Utility Fund Transfer Ordinance Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-957. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued among the Council regarding the purpose of the proposed Ordinance and the reasons transfers are made from one fund to another. -2- CITY COUNCIL MINUTES AUGUST 16, 1994 Councilperson Moore moved to approve Ordinance 0-94-957. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-958 - Curfew Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-958. Mr. Richard Newton, 6107 Lansford Lane, spoke in opposition to the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Council person Moore moved to approve Ordinance 0-94-958. Councilperson Montes seconded the motion. Ms. Janice Kane, Chair of the Youth at Risk Task Force, made a presentation regarding the proposed Ordinance and advised the Council that a formal presentation by the Task Force is forthcoming. Mayor Feigel thanked Ms. Kane and the Committee for their time and diligence. Mayor Feigel read a letter from Ms. Shiewe, 4000 Windview Drive, stating her position regarding the proposed curfew and requesting the Council pass Ordinance 0-94-958. Councilpersons Grace, Butler, and Montes thanked the Youth at Risk Task Force for their time and for the report given. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -3- CITY COUNCIL MINUTES AUGUST 16, 1994 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-956 - Zoning Change Request, AG to R40, three acres, Lot 2, Block 1, Tillman Acres, requested by Randy Gregory Surveyor for James Vernon Shirley, Patricia A. (Shirley) Coffer and Theron Reagan, Jr., southwest corner of Tillman Hill Road and John McCain Road Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-956. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-959 - Approving and adopting the annual budget for the City of Colleyville for the Fiscal Year beginning October 1, 1994, through September 30, 1995 Mayor Feigel opened the Public Hearing and read Ordinance 0-94-959 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-960 - Levying taxes for the operation of the Municipal Government of the City of Colleyville, Texas, for the 1994-95 Fiscal Year; establishing the Ad valorem Tax Rate of thirty two and sixty three hundreds cents ($.3263) per one hundred dollars property assessment; providing for apportionment of taxes for Interest and Sinking Fund for certain bond indebtedness and for general operating needs Mayor Feigel opened the Public Hearing and read Ordinance 0-94-960 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued among the Council regarding the reasons for raising the tax rate, building a fire station in the south part of Colleyville, cutting fat from the budget, infrastructure, and the need for more police officers. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-961 - Passing a ruling on reasonableness of the cable rates for the basic service tier and associated equipment Mayor Feigel opened the Public Hearing and read Ordinance 0-94-961 in its entirety. -4- CITY COUNCIL MINUTES AUGUST 16, 1994 There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing Discussion ensued among the Council and staff regarding the proposed ordinance, must- carry channels, and channel requests of the Council. 10. READING AND PUBLIC HEARING - Resolution R-94-1041 - Stating the intent to raise the City's Ad Valorem Tax Rate Mayor Feigel opened the Public Hearing and read Resolution R-94-1041 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to approve Resolution R-94-1041. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-94-1039 - Approval of an Interlocal Agreement to establish a Teen Court Mayor Feigel opened the Public Hearing and read Resolution R-94-1039 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued regarding the process, penalties, and funding. City Manager Bob Stripling advised this is an Interlocal Agreement that will require renewal each year. Councilperson Montes moved to approve Resolution R-94-1039. Councilperson Grace seconded the motion. ~" Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -5- CITY COUNCIL MINUTES AUGUST 16, 1994 12. READING AND PUBLIC HEARING - Resolution R-94-1042 - Rescinding Resolution R-93-887 and establishing the depository funds for the Voluntary Park Fund Mayor Feigel opened the Public Hearing and read Resolution R-94-1042 in its entirety. Mr. Russell Overby, 2507 Highland Drive, spoke in opposition to the proposed Resolution. Mr. Pat Horn, Chair of the Parks and Recreation Advisory Board, 2705 Jackson Court, requested an explanation of the Resolution and requested the Resolution be tabled until the Parks and Recreation Advisory Board has an opportunity to review and consider the Resolution. There being no others wishing to speak concerning this item Mayor Feigel closed the Public Hearing. Discussion ensued among the Council regarding user fees deposited in this fund, voluntary funds, why this fund was established, and expenditures. Councilperson Butler moved to table Resolution R-94-1042, until the Parks and Recreation Advisory Board reviews the proposed Resolution. Councilperson Grace seconded the motion. Ayes: Councilpersons Martin, Butler, and Grace Nays: Councilpersons Moore and Montes Mayor Feigel declared the motion carried. TABLED ITEMS: 13. 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 Councilperson Montes moved to remove this item from the table. Councilperson Grace seconded the motion. Ayes: Councilpersons Montes, Butler, and Grace Nays: Councilpersons Moore and Martin Councilperson Feigel declared the motion carried. -6- CITY COUNCIL MINUTES AUGUST 16, 1994 Mr. David Bagwell, applicant, was present to answer questions of the Council. Discussion ensued regarding stub-outs, sanitary sewer easements, and single entry/exit. Ms. Luann Edwards, 220 W. Glade, Chair of the Planning and Zoning Commission, requested the Council reconsider the single entrance/exit. City Manager Bob Stripling suggested taking a straw pole of the Council concerning the entrances and the stub-out. The straw pole indicated the Council would not be in favor of a single entry/exit nor the proposed stub-out street. Council person Moore moved to table Ordinance 0-93-927. Councilperson Montes seconded the motion. Ayes: Council persons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. ACTION ITEMS: 14. DISCUSSION AND CONSIDERATION OF REQUEST FROM CHELSEA PARK HOMEOWNERS ASSOCIATION TO EXPEDITE THE STREET AND STORM DRAINAGE BOND IMPROVEMENT PROJECT FOR THEIR NEIGHBORHOOD Mr. Jerome Davis, 1704 Avalon, Chelsea Park, spoke regarding the streets and drainage problems in Chelsea Park. He presented a petition with 105 signatures requesting the Council's attention to the streets and drainage in Chelsea Park. Mr. Mike Taylor, representing the residents of Chelsea Park, requested a moment of silence in memory of Herman Smith and spoke regarding the need for streets and drainage repair in the Chelsea Park subdivision. The request for a moment of silence in memory of Herman Smith was granted. Councilperson Montes moved to hold a Public Hearing on this item in order to hear the requests of the citizens. Councilperson Butler seconded the motion. ~ Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None -7- CITY COUNCIL MINUTES AUGUST 16, 1994 Mayor Feigel declared the motion carried. Mr. Gary Morlock, 413 Woodbriar Court, spoke regarding the five-year plan and bond projects. Mr. Tom Schlick, 5613 Oak Top Drive, suggested the Council request a list of written concerns from each of the citizens affected and to make as much of the drainage as possible underground. He also stated that equitably splitting funds is not what the citizens are requesting. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. City Manager Bob Stripling reviewed the status of the bond projects, funding, and the system by which the priorities were set. Mr. Jerome Davis requested an explanation of the sale of bonds and their usage. Discussion was held among the Council regarding the bond issues approved in the 1991 Election and opportunities that will reduce costs to the City of Colleyville. 15. DISCUSSION AND CONSIDERATION OF REQUEST FROM SADDLEBROOK HOMEOWNERS ASSOCIATION TO LANDSCAPE CHEEK SPARGER RIGHT- OF-WA Y City Manager Bob Stripling advised that the Saddlebrook Homeowners Association had requested planting trees in the public right-of-way along the subdivision wall on Cheek Sparger Road. Discussion ensued regarding the interference of the trees with utility lines and future development of Cheek Sparger Road. Councilperson Moore moved to authorize the City Manager to enter into a licensing agreement for Cheek Sparger Road right-of-way with the Saddlebrook Homeowners Association for landscaping in the public right-of-way along the subdivision wall on Cheek Sparger Road. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -8- CITY COUNCIL MINUTES AUGUST 16, 1994 16. DISCUSSION AND CONSIDERATION OF REMOVAL OF LANDSCAPING IN THE MONTCLAIR PARC SUBDIVISION AND THE STATUS OF RIGHTS-OF- WAY WITHIN THE SUBDIVISION It was the consensus of the Council to defer this item until the next regular Council meeting to be held on September 6, 1994. 17. DISCUSSION AND CONSIDERATION OF REQUEST FROM LORETTA BURKE THAT A PORTION OF HER WATER BILL BE WAIVED Mrs. Burke was not present. City Manager Bob Stripling reviewed Ms. Burke's request. It was the consensus of the Council to place this item on the Council's agenda of September 6, 1994, if Ms. Burke made a request. 18. DISCUSSION AND CONSIDERATION OF REQUEST FROM FRANK RITZ FOR WAIVING BUILDING REQUIREMENTS IN HARDY ADDITION Mr. Frank Ritz, was present requesting building requirements be waived in Hardy Addition in order to build a home without the need to replat the Addition. Discussion ensued regarding on which lot Mr. Ritz was proposing to build his home, avoidance of the replatting process, what the building codes require, time frame for vacating the present plat and replatting, public improvements, alternative approaches, waiving impact fees, and perimeter street fees on single lot developments. Mayor Feigel advised Mr. Ritz that he should meet with the Director of Community Development for an alternative approach to his request for waiving building requirements. 19. DISCUSSION AND CONSIDERATION OF CITY COUNCIL TRAVEL POLICY Mayor Feigel requested this item be on the Council's agenda to give direction to the Council in regard to travel. It was the consensus of the Council to consider a Resolution giving such direction at the next regular Council meeting to be held on September 6, 1994. -9- CITY COUNCIL MINUTES AUGUST 16, 1994 STAFF REPORTS 20. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS 21. PLANNING AND ZONING COMMISSION MINUTES - August 8, 1994 ENVIRONMENTAL BOARD MINUTES - July 14, 1994 PARK AND RECREATION ADVISORY BOARD MINUTES - August 1, 1994 There was no action taken on this item. CITIZEN COMMENTS: 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Tom Schlick, 5613 Oak Top Drive, spoke regarding saving money in the City's budget. He suggested organizations sponsor portions of sidewalks throughout the City, park mowing, and other projects that could possibly be thought of by the Council or staff. He also stated the Council should make the holding of Public Hearings standard on all items and only take a vote when the Council feels a Public Hearing is not necessary. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 16, 1994 - Reading and Public Hearing - Resolution R-94-1038 Mayor Feigel opened the Public Hearing and read Resolution R-94-1038 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Martin moved to approve Resolution R-94-1038, authorizing the City Manager to enter into a licensing agreement for Cheek Sparger Road right-of-way with the Saddlebrook Homeowners Association for landscaping in the public right-of-way along the subdivision wall on Cheek Sparger Road. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -10- CITY COUNCIL MINUTES AUGUST 16, 1994 r ADJOURNMENT: 24 . ADJOURNMENT There being no further business before the City Council, Council person Moore moved to adjourn. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 10:35 p.m. APPROVED TH IS bAYES, ~ -Ii- DAY OF SfiJ~PAttb.to ,1994, BY A VOTE OF o NAYS, AND b ABSTENTIONS. Minutes taken and prepared by: ~;J~ Jean Harris, CMC City Secretary r- -11-