HomeMy WebLinkAboutCity Council-Minutes-9/6/1994
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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.
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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
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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
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Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-956.
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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.
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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.
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Discussion ensued regarding the affects of new revenue in the proposed budget and new
fees.
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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.
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Councilperson Grace moved to approve Resolution R-94-1046.
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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.
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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.
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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.
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CITY COUNCIL MINUTES
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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.
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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.
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CITY COUNCIL MINUTES
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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.
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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.
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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:
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City Secretary
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