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HomeMy WebLinkAboutCity Council-Minutes-9/6/1994 --- ( MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 6, 1994 At 5:30 p.m. the City Council interviewed candidates for the Planning and Zoning Commission and the Zoning Board of Adjustments. The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel on September 6, 1994, at 6:50 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, 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. The invocation was given by Mayor Cheryl Feigel after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D 551.071 - Legal - Fedynich Law Suit Settlement - litigation 551.071 - Legal - Charles Berry Law Suit Settlement - Litigation 551.072 - Property Acquisition - Water Line Easement at 200 W. L. D. Lockett 551.074 - Personnel - City Manager Annual Evaluation Mayor Feigel explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Sections 551.071 - Legal, 551.072 - Property Acquisition, and 551.074 - Personnel. She further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:54 p.m., and reconvened at 7:35 p.m. ~\ -1- CITY COUNCIL MINUTES SEPTEMBER 6, 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 Mayor Feigel presented Certificates of Appreciation and thanked Brenna Perry and Dale Singleton for their volunteer efforts during Colleyville's Summer Day Camp. Steve Cutter and David Alvarado were not present to receive their Certificates. Mayor Feigel presented a Proclamation to Ms. Janice Kane, Ms. Darlene Reagan, and Ms. Karen Vering representing the Grapevine/Colleyville Independent School District Council of PTAs and announced that GCISD's Council is one of two finalist in the State of Texas to be recognized as the Outstanding Council in the entire state. Ms. Janice Kane, thanked the Mayor and Council for the Proclamation and reiterated the importance of PT A. Ms. Darlene Reagan, Membership Chair, urged the Council and citizens to join their local PTA. Mayor Feigel presented a Proclamation to the Bransford Elementary Fourth Grade Geography Team for their performance at the National Geography Olympiad. Team Members present were: Nicole Dana, Brandon Curry, Andrew Stuart, Shannon McManama, Trevor David, Anil Reddy, Emily Knight, Dale Stark, Andrew Hodge, Stuart Wallace, and Joshua Adams. Mayor Feigel presented Certificates of Appreciation to the Youth at Risk Task Force and thanked them for their diligence and hard work. Ms. Janice Kane, Chair of the Youth at Risk Task Force, presented and reviewed briefly the final report of the Task Force. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-1044 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 16, 1994 b. Approval of Final Plat for Woodbriar Estates West, 4.394 acres, being a replat of Tract A, Block 3, Tract 3, block 5-R, Tracts 4 and 5, Block 6-R, Wood briar Estates West, requested by Bob Kohsman, Classic Concepts Custom Homes, Inc., Greenbriar Lane and Woodcrest Drive .~ -2- CITY COUNCIL MINUTES SEPTEMBER 6,1994 c. Approval of City/Developer Agreement for Colleyville Shopping Village Addition d. Approval of Purchase Order for 800 MHz Trunked Radio System Mayor Feigel opened the Public Hearing and read Resolution R-94-1044 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore requested Item "b" be removed from the Consent Resolution. Councilperson Montes moved to approve Resolution R-94-1 044 with the exception of Item "b". Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. Item "b" Councilperson Moore moved to approve Item "b" striking the words "be willing to" from Ordinance 0-94-949, #11 of Conditions of Approval, Attachment 4. Council person Montes seconded the motion. Ayes: Council persons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-956 - 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. -3- CITY COUNCIL MINUTES SEPTEMBER 6,1994 There was no one present to speak concerning this item and Mayor Feigel closed the Public Hearing. Council person Montes moved to approve Ordinance 0-94-956. Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 5. SECOND 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 the caption of Ordinance 0-94-959. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 6. SECOND 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 the caption of Ordinance 0-94-960. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued regarding ways the increased revenues would be spent and ways to guarantee the ways in which the monies are spent. City Manager Bob Stripling advised he would have a Resolution on the next Council agenda that would address this issue. ~, -4- CITY COUNCIL MINUTES SEPTEMBER 6, 1994 7. SECOND 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 the caption of Ordinance 0-94-961. 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 0-94-962 -Zoning change request, ML (light manufacturing) to PUD-R (planned unit development--single family residential), 12.919 acre tract out of the J. Gibson Survey, Abstract 591, a portion of Tract 4A3, and the R. Chowning Survey, Abstract 294, portions of Tracts 1 and 1 E, and a 3.456 acre tract out of the J. Gibson Survey, Abstract 591, a portion of Tract 4A3, requested by John Cole as Central Expressway, NO.1 Joint Venture, north of Longwood Estates Mayor Feigel opened the Public Hearing and read Ordinance 0-94-962 in its entirety. Ms. Chris Marsh, 2202 Broadoak Way, Mr. Angelo Cannatella, Leonard's Printing Studio, and Ms. Ginger Fazzio, 2204 Broadoak Way, spoke in favor of the proposed rezoning. There being no others wishing to speak, Mayor Feigel closed the Public Hearing. Mr. David Washington, applicant, reviewed the proposal and answered questions of the Council. Discussion ensued among the Council regarding the size of the lots, benefits to the City, size of remaining property, depth of the remaining property, lot sizes meeting current Ordinance requirements, open space requirements, the City's Master Plan regarding this property, and restrictive covenants. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-963 - Amending Ordinance 0-92-880 setting fees and charges for City services Mayor Feigel opened the Public Hearing and read Ordinance 0-94-963 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. r- Discussion ensued regarding the affects of new revenue in the proposed budget and new fees. -5- CITY COUNCIL MINUTES SEPTEMBER 6,1994 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-964 - Revising the rates of Lone Star Gas Company in the City of Colleyville Mayor Feigel opened the Public Hearing and read Ordinance 0-94-964 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Mr. Rick Vaughn, Lone Star Gas, advised the Council that it had been 10 years since a rate adjustment and answered questions of the Council regarding the proposed adjustment. Discussion ensued regarding the effective date, and the total amount of gas consumed by Colleyville in revenue. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-965 - Amending Ordinance 0-93-914 to include the extended portion of Bransford Road/Center Park Drive in the School Zone Mayor Feigel opened the Public Hearing and read Ordinance 0-94-965 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 12. READING AND PUBLIC HEARING - Resolution R-94-1046 - Approval of an Interlocal Agreement to participate in a regional household hazardous waste collection event Mayor Feigel opened the Public Hearing and read Resolution R-94-1046 in its entirety. Mr. Mark Lively, 7209 Jo Will, representing the Environmental Board, reviewed the proposed collection event and stated that the Board is in favor of the proposed Resolution. Discussion ensued regarding staff involvement, exposure to the hazardous waste, and funding. Mr. Kurt Bednar, City of Fort Worth Environmental Management Department, reviewed how the waste would be handled and how much exposure the volunteers would receive during the event. ~ Councilperson Grace moved to approve Resolution R-94-1046. -6- CITY COUNCIL MINUTES SEPTEMBER 6, 1994 Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-94-1043 - Approving the addition of a Council Travel Policy to the Personnel Policies and Procedures Manual Mayor Feigel opened the Public Hearing and read Resolution R-94-1043 in its entirety. Mr. Russ Kendzior, 3404 Huntington Drive, spoke regarding discrepancies, Council traveling from their employment to the City for meetings, and Council expenses covered by the City. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued regarding attendance of Mayor and Council and city staff at seminars and conferences, past policies, and the City's policy regarding mileage. Councilperson Montes moved to approve Resolution R-94-1043. Councilperson Martin seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. TABLED ITEMS: 14. 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 There was no motion to remove this item from the table. -7- CITY COUNCIL MINUTES SEPTEMBER 6, 1994 15. READING AND PUBLIC HEARING - Resolution R-94-1042 - Rescinding Resolution R-93-887 and establishing the depository funds for the Voluntary Park Fund Councilperson Moore moved to remove this item from the table. Councilperson Montes seconded the motion. Ayes: Moore, Montes, Martin, and Grace Nays: Butler Mayor Feigel declared the motion carried. Councilperson Moore moved to approve Resolution R-94-1042. Councilperson Montes seconded the motion. Discussion ensued among the Council regarding dates of the Parks and Recreation Advisory Board Meetings, and the agreement made last meeting to allow them time to discuss and report back. Councilperson Moore withdrew his motion to approve Resolution R-94-1042. Councilperson Montes withdrew his second to the motion. Councilperson Moore moved to table Resolution R-94-1042. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. ACTION ITEMS: 16. 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, representing Chelsea Park Homeowners Association, spoke regarding the streets and storm drainage bond improvement project for the Chelsea Park Subdivision and asked when the City intends to move forward with the project. -8- CITY COUNCIL MINUTES SEPTEMBER 6, 1994 Ms. Annette Knapper, 5008 Chelsea Drive, spoke regarding the needs of the subdivision. Council person Montes spoke regarding a former Councilmember and resident of Chelsea Park and his accountability to the Chelsea neighborhood. Mayor Feigel called a point of order and advised Councilperson Montes that casting aspersions on other Councilmembers is a violation of the Council's rules of order. Councilperson Moore moved to suspend the rules to allow Mr. Montes to continue his discussion. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore and Montes Nays: Councilpersons Martin, Butler and Grace Mayor Feigel declared the motion failed. Discussion ensued among the Council regarding the use of Community Center funds being used towards streets and drainage, paying bonds off, borrowing power, revenue to pay bonds once they are sold, penalty for paying bonds off early, and a worksession to be held by the Council at which the subject of Chelsea Park streets and storm drainage will be discussed. Council person Montes moved to direct the City Manager and the City Attorney to investigate the opportunity of recall of the bonds issued for the Colleyville Community Center and for the purposes of reallocation of general funds for street and drainage improvements. Councilperson Grace seconded the motion. Discussion ensued among the Council regarding revenues from the general fund, allocating funds, stretching revenues to meet priorities, shared cost of the proposed fire station in the southern sector of the City, increased sales taxes and their use for streets and drainage only. City Manager Bob Stripling suggested that the motion be amended to have the City Manager report back to the Council the results of his review. Councilperson Montes revised the motion to instruct the City Manager to use whatever sources are available to conduct this review and to report back to the Council the findings. Councilperson Grace accepted the revision. -9- CITY COUNCIL MINUTES SEPTEMBER 6,1994 Ayes: Council persons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried and encouraged the citizens to stay involved. 17. DISCUSSION AND CONSIDERATION OF A REQUEST FROM DR. MICHAEL CARUSO TO MODIFY THE SIDEWALK DESIGN ON BEDFORD ROAD Dr. Michael Caruso, 1100 Scarlet Court, was present and presented a video regarding the proposed sidewalk. City Manager Bob Stripling explained that the Sidewalk Task Force makes recommendations based upon the needs of the citizens and suggested a policy be put in place regarding the Council making changes to their recommendations. Discussion ensued among the Council regarding the landscaping, preserving mature trees, and setting a precedent for other areas of the City regarding sidewalks. There was no action taken on this item. 18. DISCUSSION AND CONSIDERATION OF REMOVAL OF LANDSCAPING IN THE MONTCLAIR PARC SUBDIVISION AND THE STATUS OF RIGHTS-OF- WAY WITHIN THE SUBDIVISION Councilperson Montes recommended the bushes be removed by the developer and the developer and property owner be encouraged to come to an agreement. Discussion ensued regarding the City Manager's actions concerning this item and whether this can be solved without the Council taking action and an informal request of the City Manager to work toward a resolution. Council person Montes moved to direct the City Manager to inform Montclair Parc management that since their license has been revoked, the bushes are to be removed and dialogue be established. Councilperson Montes withdrew the motion. There was no action taken on this item. -10- CITY COUNCIL MINUTES SEPTEMBER 6, 1994 19. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO ZONING BOARD OF ADJUSTMENT Councilperson Moore nominated the three current members to their respective places: AI Mays - Place 1, Marva Cain Benton - Place 2, and Robert VanTil - Place 3. There were no other nominations made. Place 1 Mays: Councilpersons Moore, Montes, Martin, Butler, and Grace Mayor Feigel declared Mr. AI Mays reappointed to Place 1. Place 2 Benton: Councilpersons Moore, Montes, Martin, Butler, and Grace Mayor Feigel declared Ms. Marva Cain Benton reappointed to Place 2. Place 3 VanTil: Councilpersons Moore, Montes, Martin, Butler, and Grace Mayor Feigel declared Mr. Robert VanTil reappointed to Place 3. Alternate #2 Councilperson Montes nominated Russell Kendzior to Alternate #2. Council person Butler nominated William Recker to Alternate #2. There were no other nominations made. Kendzior: Councilpersons Moore, Montes, and Martin Recker: Councilpersons Butler and Grace Mayor Feigel declared Mr. Russell Kendzior appointed to Alternate #2. ~ -11- CITY COUNCIL MINUTES SEPTEM BER 6, 1994 20. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO PLANNING AND ZONING COMMISSION Place 1 Councilperson Montes nominated Ms. Marie Powell. Councilperson Butler nominated Mr. Dennis Monaghan. There were no other nominations made. Powell: Councilpersons Moore, Montes, and Martin Monaghan: Councilpersons Butler and Grace Mayor Feigel declared Ms. Marie Powell appointed to Place 1. Place 2 Councilperson Martin nominated Mr. Steve Lebo. There were no other nominations made. Lebo: Councilpersons Moore, Montes, Martin, Butler, and Grace Mayor Feigel declared Mr. Steve Lebo appointed to Place 2. Place 3 Councilperson Moore nominated Mr. Thomas Westerman. There were no other nominations made. Westerman: Councilpersons Moore, Montes, Martin, Butler, and Grace Mayor Feigel declared Mr. Thomas Westerman reappointed to Place 3 Place 4 Councilperson Moore nominated Mr. H. L. Gibson. Councilperson Montes nominated Ms. Mary Burge. -12- CITY COUNCIL MINUTES SEPTEMBER 6,1994 Councilperson Grace nominated Mr. Dennis Monaghan. There were no other nominations made. Gibson: Councilpersons Moore, Montes, Martin, Butler, and Grace Mayor Feigel declared Mr. H. L. Gibson appointed to Place 4. REPORTS 21. PLANNING AND ZONING COMMISSION MINUTES - August 22, 1994 TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - August 15, 1994 ZONING BOARD OF ADJUSTMENT - August 23, 1994 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 SEPTEMBER 6, 1994 - Reading and Public Hearing - Resolution R-94-1045 Mayor Feigel opened the Public Hearing and read Resolution R-94-1045 in its entirety. Councilperson Moore moved to approve Resolution R-94-1045, Item "b" of the consent Resolution (R-94-1044), with the words "be willing to" deleted from Item #11 of the Conditions of Approval, Ordinance 0-94-949; directing the City Manager to investigate the possibility of recalling the bonds sold for the community center and utilize these funds or the additional financial capacity for the purpose of street and drainage improvements or finding other sources of funds for street and drainage improvements; appointing AI Mays, Place 1, Marva Cain Benton, Place 2, Robert VanTil, Place 3, and Russell Kendzior, Alternate #2, to the Zoning Board of Adjustment; appointing Marie Powell, Place 1, Steve Lebo, Place 2, Thomas Westerman, Place 3, and H. L. Gibson, Place 4 to the Planning and Zoning Commission. Councilperson Montes seconded the motion. ~ -13- CITY COUNCIL MINUTES SEPTEMBER 6, 1994 Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel 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: Council persons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 10:45 p.m. APPROVED THIS ~ti DAY OF 5~RmjJtr . 1994, BY A VOTE OF S- AYES, 0 NAYS, AND 0 ABSTE TIONS. Minutes taken and prepared by: ~t!~ City Secretary ~ -14-