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HomeMy WebLinkAboutCity Council-Minutes-11/1/1994 /..- ( MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 1, 1994 The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel on November 1, 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, Administrative Assistant Anne Born, City Attorney Ross Foster, and City Secretary Jean Harris were also present. The invocation was given by Councilperson Manny Montes after which Ross Foster led the Pledge of Allegiance. \, 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.071 - Legal - Settlement Offer in Sally McCormick Law Suit Sec. 551.071 - Legal - Settlement Offer in Pat Cox, et al 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 made or action taken during this time. The meeting recessed at 6:52 p.m., and resumed 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 Mayor Feigel presented plaques to Dr. Jim Wright and Mr. Ben Fulghum for their service on the Traffic Safety Advisory Board. '-, I -1- CITY COUNCIL MINUTES NOVEMBER 1, 1994 Councilperson Montes announced he had received a letter from Ms. Virginia R. Davis, 4913 W. Jim Mitchell Trail, complimenting Mr. Richard Steege, the Manager of Colleyville K-Mart for his contributions to the City. Council person Martin announced he attended the Household Hazardous Waste Collection Event and advised the City of Colleyville had a good turn-out for the Event. Mayor Feigel announced that Bransford Elementary School had shown their appreciation to the Mayor, Council and City Staff for their new road and sidewalk by recognizing them during a Red Ribbon Week program held recently. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-1057 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 18, 1994 b. Approval of a partial abandonment of the existing 21' utility easement at Lot 1, Block D, Mill Creek Phase I, 4811 Mill Creek Drive including a 7' x 50' strip located in the southwest corner of the 21' utility easement, requested by Rick Hunt c. Approval of Professional Engineering Services contract with Albert H. Halff Associates, Inc., for the Chelsea Park Paving and Drainage Improvement Project in the amount of $59,600 d. Approval of Colleyville Oaks, Preliminary Plan, 19.05 acres out of the J. Riley Survey, Abstract 1356, Tract 2 and the B. B. B. & C. RR Survey, Abstract 228, a portion of tract 1, requested by Terry Sisk for Educators Industries, Inc., southwest corner of Cheek Sparger and Brown Trail e. Approval of the Windview Addition right-of-way landscaping plan f. Approval of payment for Utility Relocations to TU Electric for the Oak Crest Hills/Rustic Oaks Paving and Drainage Improvement Project, not to exceed $16,664 Mayor Feigel opened the Public Hearing and read Resolution R-94-1057 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 d be removed from Resolution R-94-1057 and considered separately. Councilperson Moore moved to approve R-94-1057 with the exception of Item d. -2- CITY COUNCIL MINUTES NOVEMBER 1, 1994 /' Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. Item d Councilperson Moore stated his opposition to opening this subdivision out on to Cheek Sparger. Councilperson Moore moved to disapprove Item d. Councilperson Moore withdrew his motion to allow discussion. Discussion ensued regarding the distance between the intersections in the proposed subdivision, traffic conflicts, clearing of trees at intersections, speed limit on Cheek Sparger, and depth of lots. Councilperson Moore moved to disapprove Item d of Resolution R-94-1057. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, and Martin Nays: Councilpersons Butler and Grace Mayor Feigel declared the motion carried. Discussion ensued regarding the developer creating alternate plans, consulting with neighbors, and reconsidering the plan tonight. Mr. Owen B. Long, 401 Woodbriar Court, developer, stated neighbors do not want any of the proposed cul-de-sacs to have ingress/egress on Brown Trail. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-969 - Zoning change request, R40 (single family residential) to PUD-C (planned unit development- commercial), 3.29 acre parcel, Tract 1, McNary Acres, requested by Bob Kohsman, Classic Concepts Homes, Inc., S. E. corner of L. D. Lockett Road and Precinct Line Road r . I Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-969. -3- CITY COUNCIL MINUTES NOVEMBER 1, 1994 Mr. Doug Blemings, 6000 Colts Neck Drive, stated his opposition to the proposed zoning change and presented a petition of local residents in opposition. Mr. Phil Barnwell, 5900 Quality Hill, Mr. Frank Mozina, 3504 Blue Quail, and Mr. Greg Way, 5908 Quality Hill, spoke in opposition to the proposed zoning change. Mayor Feigel read a letter from Joan Quinn, 6817 Pleasant Run, stating her opposition to this request. There being no others wishing to speak, Mayor Feigel closed the Public Hearing. Mr. Bob Kohsman, 4625 Shady Brook Drive, applicant, spoke regarding the nearby flood plain. Discussion ensued among the Council regarding the FAA Tower location, flood plain location, options of the Council if this is approved this evening regarding the site plan, citizens opposed, incompatibility with the citizens' wishes, aesthetics, and the master plan Ms. Luann Edwards, 220 W. Glade, Chair of the Planning and Zoning Commission, stated that the concept plan should be approved by the Planning and Zoning Commission and the City Council. Council person Grace moved to deny the Preliminary Plan for Colleyville Oaks. Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, and Grace Nays: Councilperson Moore Mayor Feigel declared the motion carried. 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-966 - Amending the Code of Ordinances by replacement of Chapter 10, Cable Television Regulations Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-966. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Moore moved to table Ordinance 0-94-966. ---- I Council person Montes seconded the motion. -4- CITY COUNCIL MINUTES NOVEMBER 1, 1994 Assistant City Manager, Jan Belcher, advised that TCI Cable had requested some changes and the City Attorney had not reviewed them prior to this meeting. Ayes: Council persons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-967 - Replacing the existing Cable Television Franchise Agreement between the City of Colleyville and TCI TKR of the Metroplex, Inc. Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-967. Mr. Bruce Morris, 4708 Prestwick Drive, advised he felt the upgrade of service being 36 months is excessive, and stated he has poor reception, and feels TCI has poor repair policies. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Mr. Dan Hebert, TCI Cable, was present to answer questions of the Council. He stated that new contracts are being scheduled for 48 months, that every easement must be walked, then the design must be created, the materials must be contracted, then the rebuilding can begin. He advised the total process took approximately 18 - 20 months in the City of Euless. Discussion ensued among the Council regarding substandard service, length of time for the change over, letting bids to other companies with good or better service, Federal regulations, start date if approved tonight, availability of materials, fiber optic trunking system with coax drops to homes, design criteria, and down-time for customers. Councilperson Moore moved to table Ordinance 0-94-967. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -5- --_._--------"_.~-_._-"'-----~---~_._.._-_._---'-._...--""--'--'--"~'~'-'"-------- CITY COUNCIL MINUTES NOVEMBER 1, 1994 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-971 - Changing Stop Sign Warrants in residential neighborhoods Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-971. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-972 - Special Use Permit Request, a 2,526 square foot area in the southwest corner of the primary building located on Lot 1, Block 1, Market Addition, for the purpose of selling alcoholic beverages in a restaurant setting, requested by NICNEA, Inc., dba Inky's, 5005 Colleyville Boulevard Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-972. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-974 -Zoning change request, R40 to R20, 1.033 acres, Lot 28, Block 1, Westcoat Addition, requested by John F. Sullivan, northwest corner of L. D. Lockett and Westcoat Mayor Feigel opened the Public Hearing and read Ordinance 0-94-974 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-975 - Zoning change request, R40 to R20 and R15, .8544 acres, Lots 25 and 23-C, Westcoat Place Addition, requested by Mitchell Holmes, L. D. Lockett and Bettinger Mayor Feigel opened the Public Hearing and read Ordinance 0-94-975 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 500 year flood plain. -6- CITY COUNCIL MINUTES NOVEMBER 1, 1994 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-976 -Zoning change request, AG to R20, 23,128 S.F., out of the A. J. Lott Survey, Abstract 963, a portion of Tract 2B3D, requested by Stacy Loftin and Brent Neff, west side of Wyatt Drive, south of Industrial Boulevard Mayor Feigel opened the Public Hearing and read Ordinance 0-94-976 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued regarding realignment of Sanders Lane and Wyatt Drive and the impact of this development on the proposed realignment project. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-973 - Amending Ordinance 0-93-906, by changing park hours at Colleyville Nature Center Mayor Feigel opened the Public Hearing and read Ordinance 0-94-973 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 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 This item was not removed from the table. 14. CONSIDERATION OF 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 This item was not removed from the table. -7- CITY COUNCIL MINUTES NOVEMBER 1, 1994 ACTION ITEMS: 15. DISCUSSION AND CONSIDERATION OF VOLUNTARY PARK FUND EXPENDITURE - PARKING LOT AT CROWN OF LIFE CHURCH Councilperson Moore moved to approve the $23,436 expenditure from the Voluntary Park Fund for the parking lot at Crown of Life Church. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 16. DISCUSSION AND CONSIDERATION OF VOLUNTARY PARK FUND EXPENDITURE - COLLEYVILLE NATURE CENTER Councilperson Moore moved to approve the $30,128 expenditure from the Voluntary Park Fund for Colleyville Nature Center. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 17. DISCUSSION AND CONSIDERATION OF VOLUNTARY PARK FUND EXPENDITURE - TROUT FISHING EVENT Councilperson Moore moved to approve the $1,400 expenditure from the Voluntary Park Fund for the Trout Fishing Event. 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 NOVEMBER 1, 1994 18. DISCUSSION AND CONSIDERATION OF VOLUNTARY PARK FUND EXPENDITURE - CONSTRUCTION OF NEW ATHLETIC FACILITIES AND IMPROVEMENTS TO CURRENT FACILITIES Councilperson Moore moved to approve the $55,000 expenditure from the Voluntary Park Fund for improvements to athletic fields provided said improvements not be reserved for the exclusive use of any group. Councilperson Montes seconded the motion. Discussion ensued among the Council regarding the installation of two fields and grading plans. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 19. DISCUSSION AND CONSIDERATION OF PROPOSED NEW FIRE STATION Councilperson Moore advised he had requested this item be put on the Agenda for discussion, since this was the consensus of the Council to be their number 1 priority. However, he stated, after reading the Mid-Cities News this last week, he is now requesting to have this item on the Executive Session Agenda for the next regular Council meeting. Mayor Feigel reported on the last discussion she had with the Mayor of Bedford regarding a joint station and suggested the Council hold a worksession to discuss the City's options. Councilperson Moore stated he would rather the item be on the Executive Session Agenda. Councilperson Montes agreed. 20. DISCUSSION AND CONSIDERATION OF WAIVER OF FEES FOR TARA VILLAGE ANIMAL HOSPITAL, INC. City Manager Bob Stripling reviewed the status of this item and recommended denial of the request. Ms. Susan Read, owner of Tara Village Animal Hospital, Inc., was present to answer questions of the Council. Discussion ensued regarding the right-of-way, impact fee required for a four-lane roadway when there is no hope of a four-lane roadway for quite some time, future improvements regardless of width, decreasing the right-of-way, and rescinding the Resolution requiring the paying of impact fees. -9- CITY COUNCIL MINUTES NOVEMBER 1, 1994 Councilperson Grace moved to waive the perimeter street fee but assess the street impact fee. Council person Butler seconded the motion. Discussion ensued regarding the perimeter street fee for a two-lane roadway versus a fee for a four-lane roadway and the master plan. Ayes: Councilpersons Moore, Montes, Butler, and Grace Nays: Councilperson Martin Mayor Feigel declared the motion carried. 21. DISCUSSION AND CONSIDERATION OF DRAINAGE ISSUES RELATED TO HOLLOWBROOK SPRINGS PARCEL Councilperson Montes explained his reasoning for requesting this item be on the agenda. He spoke regarding dirt being moved into the flood plain, Grapevine dumping water on Colleyville, erosion under the culvert, and citizens of Woodland Hills getting hit hard with water due to the erosion. He recommended the other Councilmembers walk the area, and requested a report from the City Manager regarding the problems he had reported. He further spoke regarding FEMA involvement, a letter to Mr. Giovanni regarding property improvements to the Hubbard residence on Glade Road, private property, and the impact the work on the retention pond will have on those citizens downstream. Mr. Stewart Garrison, representing Mr. Hubbard, owner of the property, stated they are aware of the problems pointed out by Mr. Montes, and that they are addressing the issues. STAFF REPORTS: 22. ANNUAL INVESTMENT REPORT There was no action taken on this item. REPORTS: 23. PLANNING AND ZONING COMMISSION MINUTES - 10/24/94 ENVIRONMENTAL BOARD MINUTES - 10/13/94 There was no action taken on this item. -10- CITY COUNCIL MINUTES NOVEMBER 1, 1994 CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Dee Barker, 2200 Oak Knoll Drive, spoke regarding the proposed property choices for the fire station in the south sector of the City. She asked the Council to look closely at the choices north of the creek and consider the citizens living south of the creek. Mr. Conrad Pinkerton, 6001 Colts Neck Drive, advised his vehicle had to be pulled out of the mud in the construction area along L. D. Lockett Road and spoke regarding the possible need of an emergency vehicle during rains and after rains, suggested any future contracts should require the contractor to maintain a hard surface in the event emergency vehicles are needed in the area of construction. ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 1, 1994 - Reading and Public Hearing - Resolution R-94-1058 Mayor Feigel opened the Public Hearing and read Resolution R-94-1058 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-94-1058, approving the $23,436 expenditure from the Voluntary Park Fund for the parking lot at Crown of Life Lutheran Church; approving the $30,128 expenditure from the Voluntary Park Fund for the parking lot at Crown of life Lutheran Church; approving the $1,400 expenditure from the Voluntary Park Fund for the Trout Fishing Event; approving the $55,000 expenditure from the Voluntary Park Fund for improvements to Athletic Fields, providing said improvements not be reserved for the exclusive use of any group; approving the waiver of perimeter street fees for Cheek Sparger Road in relation to the property owned by the Tara Village Animal Hospital. Councilperson Grace seconded the motion. Ayes: Council persons Moore, Montes, Martin Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -11- CITY COUNCIL MINUTES NOVEMBER 1, 1994 ADJOURNMENT: 26. ADJOURNMENT There being no further business before the City Council, Councilperson 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 10:20 p.m. APPROVED THIS 4- AYES, () 15t!-- DAY OF .lJ!ovunbt..J' NAYS, AND 0 ABSTENTIONS. , 1994, BY A VOTE OF Minutes taken and prepared by: C)v- k1~ Jean Harris, CMC City Secretary -12-