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HomeMy WebLinkAboutCity Council-Minutes-11/15/1994 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 15, 1994 The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl Feigel on November 15, 1994, at 6:50 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, Bob Greback, Administrative Intern, City Attorney Ross Foster, and City Secretary Jean Harris. Councilperson Don Butler was absent. 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 Sec. 551.071 - Legal - Pat Cox, et ai, Law Suit Settlement Sec. 551.071 - Legal - Sally McCormick, Law Suit Settlement Sec. 551.071 - Legal - Jack Dortch, Potential Litigation Sec. 551.071 - Legal - Northeast Properties, Law Suit Settlement Sec. 551.071 - Legal - Charles Berry, Law Suit Settlement Sec. 551.071 - Legal- City Attorney Opinion regarding withholding approval of building permits and acceptance of public improvements Sec. 551.072 - Land Acquisition - Heritage/Glade Street Improvement Right- of-Way Sec. 551.072 - Land Acquisition - Pool Road Street Improvement Right-of- Way Sec. 551.072 - Land Acquisition - Fire Station Site Sec. 551.072 - Land Acquisition - Water Tower Location Mayor Feigel explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal, and Section 551.072 - Land Acquisition. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:53 p.m. The meeting resumed at 7:40 p.m. -1- CITY COUNCIL MINUTES NOVEMBER 15, 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 Martin announced that he had attended the Northeast Leadership Forum Committee Meeting. Mayor Feigel announced that KIDSVILLE had celebrated its first birthday and that a dedication ceremony had recently been held. She and urged the citizens to visit KIDSVILLE. Mayor Feigel presented a proclamation to Mr. Hardy Sanders representing Christmas Providers. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-1059 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 1, 1994 b. Approval of amendment to the 1993 Sanitary Sewer Improvements Engineering Services Contract with Teague-Nail-Perkins and authorizing the City Manager to enter into a contract amendment for construction with Mid- State Utilities in an amount not to exceed $232,700 c. Approval of Ashmore, Phase IV City-Developer Agreement d. Approval of partial abandonment of right-of-way of Behrens Road Mayor Feigel opened the Public Hearing and read Resolution R-94-1059 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Councilperson Grace requested Item b be removed from the Consent Resolution to be acted on separately. Councilperson Montes requested Item c be removed from the Consent Resolution to be acted on separately. Councilperson Martin moved to approve Items a and d of the Consent Resolution R-94- 1059. Councilperson Montes seconded the motion. -2- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Item b Discussion ensued regarding rebidding this project rather than amending the contract, the need for flexibility on each project, and timing of service. Councilperson Grace moved to approve Item b of Consent Resolution R-95-1059. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Item c Discussion ensued regarding areas that need correcting prior to the Agreement being approved. The City staff advised the City's Ordinances had been followed by the Developer and that they were satisfied with the completed work. Councilperson Martin moved to approve Item c of Consent Resolution R-94-1059. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Martin, and Grace Nays: Councilperson Montes Mayor Feigel declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-971 - Changing Stop Sign Warrants in residential neighborhoods r . Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-971. Councilperson Moore moved to approve Ordinance 0-94-971. -3- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 5. THIRD 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. Councilperson Montes moved to approve Ordinance 0-94-972. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 6. SECOND 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 the caption of Ordinance 0-94-974. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 7. SECOND 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 the caption of Ordinance 0-94-975. -4- CITY COUNCIL MINUTES NOVEMBER 15, 1994 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 0-94-976 - 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 the caption of Ordinance 0-94-976. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. 9. SECOND 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 the caption of Ordinance 0-94-973. 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 0-94-977 - Amending Ordinance 0-87 -648, by changing the number offalse alarms allowed by residents prior to being required to pay a service fee Mayor Feigel opened the Public Hearing and read Ordinance 0-94-977 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. City Manager Bob Stripling gave a brief explanation as to why this Ordinance is before the Council, stating the change in the State law and advising that this change would be in compliance with the State. Councilperson Grace suggested raising the fee from $25.00 to $50.00. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-978 - Setting fees for the Teen Court Program Mayor Feigel opened the Public Hearing and read Ordinance 0-94-978 in its entirety. -5- CITY COUNCIL MINUTES NOVEMBER 15, 1994 There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. City Attorney Ross Foster advised that Section 2 was not needed and that publication was not necessary. 12. READING AND PUBLIC HEARING - Resolution R-94-1063 - Rescinding Resolution R-91-722 - Regarding participation with the State Department of Highways and Public Transportation for improvements to Cheek Sparger Road Mayor Feigel opened the Public Hearing and read Resolution R-94-1063 in its entirety. Mr. Phil Charon, 3902 Elmwood Court, Ms. Kathy Heller, 4003 Woodstock, Ms. Renee Lawrence, 2902 Scarborough, and Ms. Barbara West, 3901 Tamblewood Drive, spoke in favor of the Resolution. Mr. Scott and Leslie Porvow, 2901 Glen Dale Drive, were unable to be at the meeting, but came in before to state their support for the proposed Resolution. Mr. Mark Howe, 3100 Carisbrook Court, spoke in opposition to the proposed Resolution. Mr. Richard Newton, 6107 Lansford Lane, stated this is a mute point since the state has withdrawn the funds. Mr. Glen Lavender, 4219 Greenmeadow E, stated that the present roadway is dangerous, recommended keeping this Resolution, working with the State and the City of Bedford, and moving forward with improvements to the roadway. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Mayor Feigel read a letter from the Texas Department of Transportation advising the funds were no longer available. Mayor Feigel read a letter from Henry Wilson, VP NTCOG, stating the funds provided by the State had been taken for other projects. Councilperson Montes advised he requested the Resolution be put on the Agenda and stated his support for the Resolution. Couniclperson Montes moved to approve Resolution R-94-1063. Councilperson Martin seconded the motion. -6- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Councilperson Grace discussed solving problems along Cheek Sparger Road, and suggested working with the State for matching funds to turn the right-of-way into a bike trail, or return it back to the homeowners Councilperson Grace moved to direct the City staff to review the opportunities of the right- of-way as stated. The motion died for lack of a second. Councilperson Montes moved to amend Resolution R-94-1063, adding Section 2 - rescinding all minute orders regarding this subject. Councilperson Martin seconded the motion. Discussion ensued regarding whether or not the Minute Orders had been rescinded. The vote on the amendment was as follows: Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. The vote on the original motion as amended was as follows: Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-94-1064 - Establishing a KIDSVILLE Maintenance Committee Mayor Feigel opened the Public Hearing and read Resolution R-94-1064 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 Committee, their duties, answering to the Park and Recreation Board, having a member of the Park Board serve on the Committee, and concern for KIDSVILLE receiving the highest standard of maintenance. -7- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Councilperson Grace moved to approve Resolution R-94-1064. The motion died for lack of a second. 14. READING AND PUBLIC HEARING - Resolution R-94-1065 - Requesting payment of escrow funds by American Title for Bridlewood park land dedication fees Mayor Feigel opened the Public Hearing and read Resolution R-94-1065 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-94-1065. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. TABLED ITEMS: 15. 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. 16. 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 Councilperson Montes moved to remove this item from the table. Councilperson Grace seconded the motion. -8- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Councilperson Montes moved to suspend the rules to allow the citizens to speak. Councilperson Martin seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. Ms. Kimberly Roney, 6606 Carriage Drive, Mr. Jack Gallagher, 2306 Boadoak Way, Mr. Michael Heminger, 6804 Rockbrook Court, Mr. Tom Stuckey, 6907 Upland Lane, Dr. Vance Shearer, 6911 Wandering Way, Ms. Sucharitha Muppidi, 6900 Meade Drive, Ms. Kim Wakefield, 6904 Wandering Way, Mr. Khris Leet, 6903 Glenview Lane, Mr. Mike Overton, 6909 Wandering Way, Ms. Terri Shearer, 6911 Wandering Way, Ms. Debbie Cowee, 6905 Upland Lane, Ms. Victoria Heminger, 6804 Rockbrook Court, Ms. Joanne Rodriguez, 2300 Broadoak, Mr. Tom Cowee, 6905 Upland Lane, Ms. Chris Marsh, 2202 Broadoak, Mr. Jesse Rodriguez, 2300 Broadoak Way, Mr. Chris Gillig, 6910 Upland Lane, Mr. Carlo Frappoly, 2400 Broadoak Way, Ms. Sheri Youngbar, 6903 Longwood Drive, Mr. and Mrs. Bill Hieatt, 6702 Carriage Drive, Mr. Angelo Cannatella, 515 Hillside Road, and Mr. Mark Howe, 3100 Carisbrook Court, spoke in favor of the proposed rezoning. Mr. Richard Newton, 6107 Lansford Lane, spoke in opposition to the proposed rezoning. There were no others wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Mr. Doug Henderson, Director of Community Development, reviewed the impact analysis provided to the Council regarding the proposed property. He advised that the staff did not feel Commercial was appropriate for this property nor was residential. Councilperson Montes made a presentation in favor of the change of zoning to residential and questioned the Mayor regarding her statement about the increase in ad valorem taxes if commercial development is not brought into the City. Mayor Feigel gave a brief history of the Master Plan process and the Land Use Plan regarding rezoning, buffering, and the City's tax rate. Councilperson Montes moved to approve Ordinance 0-94-962. The motion died for lack of a second. -9- - ._~_._._--~~,_._--------_."---'----~---'----'-_...,..-",-'.--- .....- CITY COUNCIL MINUTES NOVEMBER 15, 1994 17. CONSIDERATION OF ORDINANCE 0-94-966 - Amending the Code of Ordinances by replacement of Chapter 10, Cable Television Regulations There was no motion to remove this item from the table. 18. CONSIDERATION OF ORDINANCE 0-94-967 - Replacing the existing Cable Television Franchise Agreement between the City of Colleyville and TCI TKR of the Metroplex, Inc. There was no motion to remove this item from the table. ACTION ITEMS: 19. DISCUSSION AND CONSIDERATION OF REQUEST TO EXTEND SANITARY SEWER TO OAKBROOK HILLS SUBDIVISION Mr. David Bagwell, Developer, made a presentation regarding the request to extend sewer to Oakbrook Hills Subdivision and presented a petition. He also volunteered his time and service in acquiring the necessary easements. Discussion ensued regarding the timing, funding, priority, and dealing with The Water Development Board regarding paying Mr. Bagwell back if he pays for the sewer at this time. There was no action taken on this item. 20. DISCUSSION AND CONSIDERATION OF RECOMMENDATION OF CANDIDATES FOR TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS It was the consensus of the Council to nominate Mark Howe as a candidate for the Tarrant Appraisal District Review Board. 21. DISCUSSION AND CONSIDERATION OF SETTLEMENT OF CHARLES BERRY LAW SUIT Councilperson Martin moved to approve the settlement with Mr. Charles Berry in the amount of $2,500. Councilperson Moore seconded the motion. ,- -10- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. 22. DISCUSSION AND CONSIDERATION OF SETTLEMENT OF PAT COX, ET AL, LAW SUIT There was no action taken on this item. STAFF REPORTS: 23. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 24. PARK AND RECREATION ADVISORY BOARD MINUTES - 1117/94 ZONING BOARD OF ADJUSTMENT MINUTES - 11/8/94 There was no action taken on this item. CITIZEN COMMENTS: 25. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 15, 1994 - Reading and Public Hearing - Resolution R-94-1060 Mayor Feigel opened the Public Hearing and read Resolution R-94-1060 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-94-1060. Councilperson Grace seconded the motion. -11- CITY COUNCIL MINUTES NOVEMBER 15, 1994 Ayes: Councilpersons Moore, Montes, Martin, and Grace Nays: None Mayor Feigel declared the motion carried. ADJOURNMENT: 27. 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, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 11: 1 0 p.m. APPROVED THIS l') AYES, (J (p 'iJ. DAY OF j) -t. tA.-M-b t r NAYS, AND D ABSTENTIONS. , 1994, BY A VOTE OF Minutes taken and prepared by: ~;J~ Jean Harris, CMC Ci~y Secretary -12-