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HomeMy WebLinkAboutCity Council-Minutes-12/6/1994 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 6, 1994 The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tern Jim Moore on December 6, 1994, at 6:47 p.m. ROLL CALL: Councilpersons Manny Montes, Jack Martin, Don Butler, and John Grace were present. Mayor Pro Tern Jim Moore, City Manager Bob Stripling, Assistant City Manager Jan Belcher, Administrative Assistant Anne Born, City Engineer Scott Dyer, Director of Community Development Doug Henderson, Administrative Intern Bob Greback, Administrative Intern Lance Smith, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Mayor Cheryl Feigel was absent. The invocation was given by Mayor Pro Tern Jim Moore, after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter 0 Sec. 551.071 - Legal - Pat Cox, et ai, Law Suit Sec. 551.071 - Legal - Sally McCormick, Law Suit Settlement Sec. 551.071 - Legal - Northeast Properties, Law Suit Settlement Sec. 551.071 - Legal - DVORTAC, Potential Litigation Mayor Pro Tern Moore explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter 0, Section 551.071 - Legal. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:49 p.m. The meeting resumed at 7:30 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 Councilperson Manny Montes introduced Alex McCammond, a Longhorn Council Boy Scout present to observe the meeting in order to receive a Citizenship in the Community Badge. -1- CITY COUNCIL MINUTES DECEMBER 6, 1994 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-94-1068 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 15, 1994 b. Approval of minutes of the Special Called City Council meeting of November 14, 1994 c. Approval of minutes of the Special Called City Council meeting of November 15, 1994 d. Approval of Health Insurance contract with Sanus New York Life e. Approval of amended plat of Lot 37, Block 1 and Lot 19, Block 6, Ross Downs Estates III Mayor Pro Tem Moore opened the Public Hearing and read Resolution R-94-1068 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Moore closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-1068. Councilperson Butler seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. PUBLIC HEARINGS: 4. THIRD 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 Pro Tem Moore 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 Pro Tem Moore closed the Public Hearing. Councilperson Montes moved to approve Ordinance 0-94-974. -2- CITY COUNCIL MINUTES DECEMBER 6, 1994 Councilperson Martin seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 5. THIRD 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 Pro Tem Moore opened the Public Hearing and read the caption of Ordinance 0- 94-975. There was no one present wishing to speak concerning this item and Mayor Pro Tem Moore closed the Public Hearing. Councilperson Montes moved to approve Ordinance 0-94-975. Councilperson Martin seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 6. THIRD 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 Pro Tem Moore 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 Pro Tem Moore closed the Public Hearing. Councilperson Montes moved to approve Ordinance 0-94-976. Councilperson Butler seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None -3- CITY COUNCIL MINUTES DECEMBER 6, 1994 Mayor Pro Tem Moore Declared the motion carried. 7. THIRD READING AND PUBLIC HEARING - Ordinance 0-94-973 - Amending Ordinance 0-93-906, by changing park hours at Colleyville Nature Center Mayor Pro Tem Moore opened the Public Hearing and read the caption of Ordinance 0- 94-973. Mr. Mike Potter, 209 Mill Crossing East and Mr. Larry Szuhy, 105 Mill Crossing East spoke in favor of the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor pro Tem Moore closed the Public Hearing. Councilperson Butler moved to approve Ordinance 0-94-973. Councilperson Grace seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-977 - Amending Ordinance 0-87 -648, by changing the number of false alarms allowed by residents prior to being required to pay a service fee Mayor Pro Tem Moore opened the Public Hearing and read the caption of Ordinance 0- 94-977. There was no one present wishing to speak concerning this item and Mayor Pro Tem Moore closed the Public Hearing. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-978 - Setting fees for the Teen Court Program Mayor Pro Tem Moore opened the Public Hearing and read the caption of Ordinance 0- 94-978. There was no one present wishing to speak concerning this item and Mayor Pro Tem Moore closed the Public Hearing. -4- CITY COUNCIL MINUTES DECEMBER 6, 1994 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-979 - Special Use Permit for a day care facility located in the most easterly 10,000 square feet area of building one of Phase I and the attached 4,000 square feet play area, on Lot 1, Block 1, Colleyville Shopping Village Addition, requested by Trey Hagar, Metrovest, Inc., 6221 Colleyville Boulevard Mayor Pro Tern Moore opened the Public Hearing and read Ordinance 0-94-979 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern Moore closed the Public Hearing. Discussion ensued regarding ingress/egress on Highway 26. 12. READING AND PUBLIC HEARING - Resolution R-94-1071 - Approving the settlement of a law suit brought by Northeast Properties Mayor Pro Tern Moore opened the Public Hearing and read Resolution R-94-1071 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern Moore closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-1071. Councilperson Grace seconded the motion. Discussion ensued regarding the place from which funding would be taken. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tern Moore Nays: None Mayor Pro Tern Moore 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 There was no motion to remove this item from the table. -5- CITY COUNCIL MINUTES DECEMBER 6, 1994 14. CONSIDERA liON OF ORDINANCE 0-94-966 - Amending the Code of Ordinances by replacement of Chapter 10, Cable Television Regulations Councilperson Butler moved to remove this item from the table. Councilperson Grace seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Discussion ensued regarding percentage of gross receipts the City receives, including C- Span, and Federal Law requirements. Councilperson Grace moved to approve Ordinance 0-94-966. Councilperson Martin seconded the motion. Ayes: Councilpersons Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: Councilperson Montes Mayor Pro Tem Moore declared the motion carried. 15. 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. Councilperson Grace moved to remove this item from the table. Councilperson Butler seconded the motion. Ayes: Councilpersons Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: Council person Montes Mayor Pro Tem Moore declared the motion carried. Councilperson Grace moved to approve Ordinance 0-94-967. Councilperson Butler seconded the motion. Councilperson Montes moved to suspend the rules to allow the citizens to speak. -6- CITY COUNCIL MINUTES DECEMBER 6, 1994 Councilperson Martin seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Mr. Bruce Morris, 4708 Prestwick Drive, spoke regarding TCI's service and charges. There were no others wishing to speak. Mr. Dan Hebert, TCI Cable, was present to answer questions of the Council and citizens The vote on the motion to approve Ordinance 0-94-967 was as follows: Ayes: Councilpersons Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: Councilperson Montes Mayor Pro Tem Moore declared the motion carried. ACTION ITEMS: 16. DISCUSSION AND CONSIDERATION OF REQUEST FROM SANDLIN PROPERTIES AND THE SADDLEBROOK HOMEOWNERS ASSOCIATION TO APPROVE THE TRANSFER OF OPEN SPACE CONNECTED TO THE BRIDLEWOOD SUBDIVISION Discussion ensued regarding the deeding of the property. Councilperson Montes moved to suspend the rules to allow the citizens to speak. Councilperson Grace seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Mr. Glen Lavender, Saddlebrook Homeowner's Association President, was present to answer questions of the Council and requested the item be tabled until wording could be agreed on with the City Attorney and the Saddlebrook Homeowner's Association. Councilperson Grace moved to table this item until further work is done regarding the wording of the transfer. -7- CITY COUNCIL MINUTES DECEMBER 6, 1994 Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 17. DISCUSSION AND CONSIDERATION OF APPROVAL OF OAK CREST HILLS AND RUSTIC OAKS PAVING AND DRAINAGE IMPROVEMENT CONTRACT City Manager explained the status of this project and explained that the bid process had been completed and recommended the bid be awarded to J. L. Bertram Construction, Inc., in the amount of $2,550,457.82. He recommended a transfer of funds from the Heritage project to this project and he discussed an asphalt surface versus a concrete surface. Council person Montes moved to suspend the rules to allow the citizens to speak. Councilperson Butler seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Ms. Carolyn Eisenhauer, 5300 Elm, spoke regarding the street repairs that are needed. Mr. Roy Vick, 5304 Elm Street, spoke regarding the bad streets and recommended the Council approve the concrete street surface. Mr. James Burson, 5208 Elm Street, Mr. Tom Hall, 409 Live Oak Drive, Mr. Tom Schlich, 5613 Oak Top Drive, Ms. Vera Cox, 5408 Oak Hills, Mr. Tom Westerman, 308 Oak Valley, spoke recommending concrete street surface. There were no others wishing to speak. Discussion ensued among the Council regarding soil testing, quality control, deterioration of asphalt streets versus concrete streets, previously discussed costs for this project, the original plan, replacing concrete with asphalt, and the drainage design. Councilperson Grace moved to approve the staff's recommendation for concrete streets as presented. Councilperson Butler seconded the motion. -8- CITY COUNCIL MINUTES DECEMBER 6, 1994 Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-94-1070 - Authorizing the City Manager to proceed with the preparations for sale of general obligation and drainage utility fund bonds Mayor Pro Tem Moore requested action on this item be taken after item #17. Councilperson Butler moved to suspend the rules and act on this item after item #17. Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tern Moore Nays: None Mayor Pro Tern Moore declared the motion carried. Mayor Pro Tern Moore opened the Public Hearing and read Resolution R-94-1070 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern Moore closed the Public Hearing. Councilperson Grace moved to approve Resolution R-94-1070. Councilperson Butler seconded motion. Discussion ensued regarding the lowering of the reserve budget, raising taxes, and the five year plan. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tern Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 18. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE PARKS AND RECREATION ADVISORY BOARD Councilperson Montes nominated Mr. Chuck Walton to Place 1 of the Parks and Recreation Advisory Board. -9- CITY COUNCIL MINUTES DECEMBER 6, 1994 There were no other nominations made and the vote was as follows: Walton - Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Mayor Pro Tem Moore declared Mr. Walton appointed to Place 1 of the Parks and Recreation Advisory Board. Councilperson Martin nominated Mr. Robert Benefield to Place 3 of the Parks and Recreation Advisory Board. Councilperson Grace nominated Mr. Ray Ramsey to Place 3 of the Parks and Recreation Advisory Board. There were no other nominations made and the vote was as follows: Benefield - Councilpersons Montes, Martin, and Mayor Pro Tem Moore Ramsey - Councilpersons Butler and Grace Mayor Pro Tem Moore declared Mr. Benefield appointed to Place 3 of the Parks and Recreation Advisory Board. Councilperson Montes nominated Mr. Tom Schlich to Place 5 of the Parks and Recreation Advisory Board. Councilperson Butler nominated Mr. Ray Ramsey to Place 5 of the Parks and Recreation Advisory Board. There were no other nominations made and the vote was as follows: Schlich - Councilpersons Montes, Martin, and Mayor Pro Tem Moore Ramsey - Councilpersons Butler and Grace Mayor Pro Tem Moore declared Mr. Schlich appointed to Place 5 of the Parks and Recreation Advisory Board. Councilperson Montes nominated Ms. Lisa Peterson to Place 7 of the Parks and Recreation Advisory Board. Councilperson Grace nominated Mr. Ray Ramsey to Place 7 of the Parks and Recreation Advisory Board. There were no other nominations made and the vote was as follows: -10- CITY COUNCIL MINUTES DECEMBER 6, 1994 Peterson - Councilperson Montes and Mayor Pro Tem Moore Ramsey - Council persons Martin, Butler, and Grace Mayor Pro Tem Moore declared Mr. Ramsey appointed to Place 7 of the Parks and Recreation Advisory Board. 19. DISCUSSION AND CONSIDERATION OF REQUESTING AN EXTENSION OF THE DEADLINE FOR FILING RECORDS CONTROL SCHEDULES WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION Councilperson Montes moved to approve the request for an extension of the Deadline. Councilperson Grace seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. 20. DISCUSSION AND RECONSIDERATION OF COLLEYVILLE OAKS PRELIMINARY PLAT Council person Butler moved to suspend the rules to allow the citizens to speak. Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Councilperson Montes moved to reconsider the preliminary plat. Councilperson Martin seconded the motion Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Mr. D. J. Garman, 3720 Oak Briar Lane, spoke requesting ingress/egress on Brown Trail. -11- CITY COUNCIL MINUTES DECEMBER 6, 1994 W. C. Reasoner, 6633 Grapevine Highway, request ingress/egress on Cheek Sparger. Mr. John Unangst, 3721 Oakbriar Lane, requested the Council consider keeping this a separate subdivision and keep the "stub-out" street. There were no others wishing to speak concerning this item. Councilperson Montes requested "Plan C" with changes he proposed be approved by the Council. City Manager stated that "Plan C", as it is shown in the Council's packet, does not comply with the City's subdivision ordinance. Mr. Terry Sisk, Developer, asked for direction from the Council. Council person Martin moved to allow other citizens to speak. Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. Mr. Gary Morlock, 413 Woodbriar Court, stated his support for the opening of Greenbriar. Mr. Rich Munson, 1905 Hall Johnson Road, suggested the Shady Hollow Court and Oak Hollow Lane be opened to Brown Trail and that Emerald Oaks Court remain a Court. Mr. Garman advised he was not invited to the meeting to which Mr. Morlock referred in which the Homeowners agreed to support the opening of Greenbriar. Mr. Larry Strelea, 3705 Oakbriar, stated his support for "Plan A". Discussion ensued among the Council regarding the Planning and Zoning Commission's recommendation. Council person Montes moved to approve "Plan B" as proposed. Councilperson Martin seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore Nays: None Mayor Pro Tem Moore declared the motion carried. -12- CITY COUNCIL MINUTES DECEMBER 6, 1994 STAFF REPORTS: 21. ANNUAL ENVIRONMENTAL BOARD REPORT - 1994 There was no action taken on this item. REPORTS: 22. PLANNING AND ZONING COMMISSION MINUTES - 11/14/94 ZONING BOARD OF ADJUSTMENT MINUTES - 11/22/94 ENVIRONMENTAL BOARD MINUTES - 11/10/94 TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - 11/14/94 There was no action taken on this item. CITIZEN COMMENTS: 23. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 24. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 6, 1994 - Reading and Public Hearing - Resolution R-94-1069 Mayor Pro Tern Moore opened the Public Hearing and read Resolution R-94-1069 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tern Moore closed the Public Hearing. Councilperson Montes moved to approve Resolution R-94-1069; approving the bid of J. L. Bertram Construction, Inc., for Oak Crest Hills and Rustic Oaks Paving and Drainage Project with the concrete pavement option in the amount of $2,550,457.82; appointing Mr. Charles Walton, Mr. Robert Benefield, Mr. Tom Schlich, and Mr. Ray Ramsey to the Parks and Recreation Advisory Board; approving a request for a one-year extension for the deadline for filing Records Control Schedules with the State Library and Archives Commission; and approving "Plan B" as the preliminary plan for Colleyville Oaks. Councilperson Butler seconded the motion. -13- CITY COUNCIL MINUTES DECEMBER 6, 1994 Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tern Moore Nays: None Mayor Pro Tern Moore declared the motion carried. ADJOURNMENT: 25. ADJOURNMENT There being no further business before the City Council, Councilperson Butler moved to adjourn. Councilperson Montes seconded the motion. Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tern Moore Nays: None Mayor Pro Tern Moore declared the meeting adjourned at 9:55 p.m. APPROVED THIS J} AYES, 0 zott DAY OF IJ Le..e.,v....b @..r'" NAYS, AND 0 ABSTENTIONS. , 1994, BY A VOTE OF Minutes taken and prepared by: ~tJ~ Jean Harris, CMC City Secretary -14-