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HomeMy WebLinkAboutCity Council-Minutes-3/2/1993 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING MARCH 2, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on March 2, 1993, at 6:55 p.m. ROLL CALL: Councilpersons Linda Ahlers, Claudia McKenney, steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob stripling, Assistant City Manager David I. Draz, Jr., City Engineer Mike Jones, Director of Community Development John Warden, City Attorney Ross Foster, and City secretary Jean Harris were also present. Councilperson Steve McKain gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of February 16, 1993 Councilperson Ahlers moved to approve the City Council Minutes of the regular city Council meeting of February 16, 1993, as written. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 2. EXECUTIVE SESSION - In accordance with Article 6252-17 See 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Bluebonnet Road paragraph e - Land Acquisition - Glade Road paragraph f - Legal - Resolution Trust Corporation Law Suit paragraph f - Legal - Elder Construction Law Suit paragraph f - Legal - Lemieux Law Suit Mayor Newton explained that the Executive Session had been called in accordance with Article 6252-17, Section 2, paragraph e - Land Acquisition and Paragraph f - Legal. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:58 p.m., and reconvened at 7:33 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Gail Mills and Curtis Hamilton were present to receive plaques. Mayor Newton expressed the Council's appreciation for their service on the Park and Recreation Advisory Board. Mayor Newton announced that the second regular City Council meeting in March would be held on Wednesday, March 24, 1993. Mayor Newton Acknowledged Dr. Jim Thompson being present in the audience. CITY COUNCIL MINUTES MARCH 2, 1993 CONSENT: 7:30 P.M. 4. READING AND PUBLIC HEARING - Resolution R-93-868 - Consent Items: a. Approval of appointment of City representative to attend Settlement Conference for Lemieux Law Suit b. Approval of a water well drilling permit at 4707 Behrens Road c. Approval of a permit for Steele-Freeman, Inc., to perform construction work on the Glade/Bransford elementary school at times other than 7:00 a.m. until 6:00 p.m. Mayor Newton opened the Public Hearing and read Resolution R-93-868 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. City Manager Bob stripling asked that Item A be removed, and stated there was no action necessary at this time. Councilperson McKenney moved to approve Resolution R-93-868 deleting Item A, approval of City representative to attend Settlement Conference for Lemieux Law Suit. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-892 - Amending the Master Plan Thoroughfare Plan to replace Bluebonnet Road with Riverwalk Drive as a collector street Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 892. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the staff's recommendation, impact fees, timing of action, approval subject to staff's recommendations, notation on thoroughfare map stating this contingency, showing anticipated Riverwalk Drive on the thoroughfare map, delaying action until a more firm agreement is in place, the need to have an act showing the developer's commitment, contributions by the developers along Bluebonnet, and the certification of the construction of Riverwalk Drive by the City Manager. Councilperson McKain moved to approve Ordinance 0-93-892, amending the Ordinance to show approval subject to the construction of Riverwalk Drive in accordance to City standards as certified by the City Manager. Councilperson McKnight seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. -2- CITY COUNCIL MINUTES MARCH 2, 1993 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-893 - T. U. Electric Utility Rate Increase Request Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 893. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Ordinance 0-93-893. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-895 - Amending Section 22, Schedule of Permitted Uses of the Zoning Ordinance to allow Batting Cages business in a designated zoning district Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 895. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-894 - Rezoning from CC to PUD-R, a portion of Lot 4, Block 1, of Kroger Addition, Glade and Shadow Wood Roads, requested by Rex Scott Mayor Newton opened the Public Hearing and read Ordinance 0-93-894 in its entirety. Mr. Rex Scott, Developer, was present and reviewed the history of the property in the area, stating the intent of this proposal is to protect the residential atmosphere, and that the project was designed to be residential. Mayor Newton asked if there were others wishing to speak. There being none, Mayor Newton closed the Public hearing. Discussion ensued among the Council regarding the proximity of the proposed project to commercial property, a green belt/buffer, fencing, trees along the back property line, size of the proposed trees, noise buffers, the shrubbery already on the Kroger side of the fence, lighting, dressing up the entry way of the Addition, windows facing rear of property, ownership of property adjacent to the property being discussed, and ingress/egress. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-896 - Deleting Section 20 (Penalty Clause) of Ordinance 0-92-877, Southwestern Bell Franchise Agreement Mayor Newton opened the Public Hearing and read Ordinance 0-93-896 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. -3- CITY COUNCIL MINUTES MARCH 2, 1993 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-897 - Water and Sewer Utility Rate Increase Mayor Newton opened the Public Hearing and read Ordinance 0-93-897 in its entirety. City Manager Bob Stripling reviewed the proposed rate increase, stating this is a self contained fund. He reviewed the budget regarding this subject, and recommended to the Council that those connecting to sewer pay $1,500 for the connection. Discussion ensued among the Council regarding special situations, and the number of households that would still be without sewer after the A and B priority lists had been completed. Mr. David Aanderud, 3301 Huntington Drive, and Mr. Manny Montes, 3608 Cotswold Court, spoke in opposition to this utility rate increase. Ms. Deborah Swilley, 4600 Behrens Drive, stated she is not on the sewer system, and explained problems with drainage and her septic tank. She also stated she would be willing to pay the higher water/sewer rates if she was connected to the sewer system. Mr. Terry Brabon, 6101 Bettinger, spoke concerning the placement of the sewer lines along Bettinger. Mayor Newton asked if there were others wishing to speak. There being none, Mayor Newton closed the Public Hearing. Bob Stripling advised the Council and audience that the City is pumping water from the City's wells and that Trinity River Authority (TRA) is aware of the City's actions. He explained that tests have been done by several different sources on the water all with good results. He also stated that the proposed rates are competitive with other cities who use TRA water. Councilperson Ahlers brought out that there would be no advantage in having an excess in this fund because it could not be used for anything but water and sewer expenditures. 11. READING AND PUBLIC BEARING - Resolution R-93-870 - Abandoning Caldwell- Hughes Road from the DART right-of-way south to Tinker Road Mayor Newton opened the Public Hearing and read Resolution R-93-870 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Resolution R-93-870. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-93-87l - Adoption of General Fund Five Year Financial Plan This item was removed from the Agenda by the City Council. -4- CITY COUNCIL MINUTES MARCH 2, 1993 ACTION ITEMS: 13. DISCUSSION AND CONSIDERATION OF MODIFIED CITY-DEVELOPER AGREEMENT FOR LONGWOOD ADDITION AT ROSS DOWNS, PHASES I & II Mr. David Bagwell was present concerning this item. He spoke concerning the width of cul de sac streets, the building of sidewalks in a subdivision, and reviewed the proposed agreement. Discussion ensued among the Council regarding the street thickness, the width of streets, safety factors, corrections to ordinances, escrow for the sidewalk in the event the ultimate user of the property fails to build the sidewalk, and staff's responsibility to make the decisions regarding street widths and thicknesses. The City Council asked Mr. Bagwell to make a proposal to the staff regarding the sidewalk for the Council's consideration on March 24, 1993. REPORTS: 14. PLANNING AND ZONING COMMISSION MINUTES ZONING BOARD OF ADJUSTMENT MINUTES SIGN BOARD OF APPEALS MINUTES There was no action taken on this item. 15. CITY MANAGER'S REPORT There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Manny Montes, 3608 Cotswold Court, requested an explanation of Robert. s Rules of Order regarding the length of time a citizen is allowed to speak, and regarding that citizen having a time for rebuttal after the Mayor or Staff has responded. There were no others wishing to speak. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 2, 1993 - Reading and Public Hearing - Resolution R-93-869 This item was not needed. ADJOURNMENT : 18. ADJOURNMENT There being no further business before the City Council, Councilperson McKenney moved to adjourn. Councilperson Feigel seconded the motion. -5- CITY COUNCIL MINUTES MARCH 2, 1993 Ayes: councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the meeting adjourned at 9:30 p.m. APPROVED THIS cR4t1 DAY OF MtrUt. ~ NAYS, AND ~ ABSTENTIONS. Minutes taken and prepared by: ~o~ City Secretary , 1993, BY A VOTE OF ~ AYES, -6-