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HomeMy WebLinkAboutCity Council-Minutes-5/4/1993 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING MAY 4, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on May 4, 1993, at 6:49 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. The invocation was given by Councilperson Linda Ahlers after which Ross Foster led the Pledge of Allegiance. 1. 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 - Laidlaw Recycling Contract Potential Litigation 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 6:52 p.m., and reconvened at 7:34 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 There were no announcements or presentations made. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-93-879 - Consent Items: a. Approval of Minutes of the regular City Council Meeting of April 20, 1993 b. Approval of Settlement Agreement with Laidlaw Waste Systems, Inc. c. Approval of six (6) Water Well Permits for Timarron Golf Course d. Approval of Water Well Permit for Kingswood Addition for irrigation of grass and other landscaping e. Approval of Amended Plat of Lot 12, Block J, Mill Creek Addition f. Approval of Surveying Services Agreement with Horizon Survey Company for Miscellaneous Drainage Projects g. Approval of Abandonment of the southern 12.5 foot portion of a Public Utility Easement on Lot 23, Block 18, Highland Meadows III -1- CITY COUNCIL MINUTES MAY 4, 1993 Mayor Newton opened the Public Hearing and read Resolution R-93-879 in its entirety. Ms. Suzie Grundy, 209 Timberline North, spoke concerning Item No. 3f, regarding the hiring of Horizon Survey Company, and requested the Council postpone action on this item until more information is received. Mayor Newton asked if there were others wishing to speak concerning this request. There being none, Mayor Newton closed the Public Hearing. Mayor Newton requested a change to Item No. 12, page 4, the fourth paragraph, the second sentence of the City Council Minutes of April 20, 1993, as follows: He also stated the 1989 audit referred to by Mr. Easterling was done in 1988 and was not an audit but a procedure requested by the City Council. Councilperson McKain moved to approve Resolution R-93-879 with the recommended changes to the City Council Minutes. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC BEARING - Ordinance 0-93-898 - Amending Chapter 4 of the Colleyville Code by modifying and adding thereto provisions concerning Solicitation Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 898. Ms. Red Gibson, 309 Timberline North, spoke concerning Section 4 of the proposed Ordinance regarding the hours of solicitation. Ms. Gibson requested the Council consider changing the hours to 9:00 a.m. until 4:30 p.m. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the hours of solicitation. Councilperson Ahlers moved to approve Ordinance 0-93-898, amending the Ordinance to show the hours of solicitation between 9:00 a.m. and 4:30 p.m. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-899 - Bridlewood, Zoning Change Request, CC to R-MF with SUP for Single Family Residential, 8.250 acres out of the M. Day Survey, Abstract 406, Tracts 1 & 1B, T.J. Christian Survey, Abstract 275, Tracts 2A & 2A2, and the B.B.B. & C.R.R. Survey, Abstract 228, Tract 1D, Cheek Sparger & Brown Trail, requested by Sandlin Properties, Inc. Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 899. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. -2- CITY COUNCIL MINUTES MAY 4, 1993 6. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-903 - Zoning Change Request, Highland Acres, Tract A-1, Block 2, CN to C-PO, 1.034 acres, requested by Townleigh Village Inc. Mayor Newton opened the Public Hearing and read Ordinance 0-93-903 in its entirety. Ms. Suzie Grundy, 209 Timberline North, spoke in opposition to the proposed rezoning. Ms. Grundy requested the Council deny this request. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-904 - Zoning Change Request, AG to R40, 1.75 acres, out of the Hall Medland Survey, Abstract 1038, a portion of Tracts 3AIA, and 3A1A1, and the H.R. Wall Survey, Abstract 1973, 3A1C and a portion of 1AIA, requested by Ann Hardy Mayor Newton opened the Public Hearing and read Ordinance 0-93-904 in its entirety. 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 proposed future usage of adjacent properties, the need for a road in the future, flag-pole lots, and potential future subdividing. 8. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-905 - Tri-County Electric Utility Rate Increase Request Mayor Newton opened the Public Hearing and read Ordinance 0-93-905 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 9. READING AND PUBLIC HEARING - Resolution R-93-882 - Suspension of Tri- County Electric Utility Rate Increase Request Mayor Newton opened the Public Hearing and read Resolution R-93-882 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-93-882. Councilperson Feigel seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-93-878 - Caldwell's Creek, Final Plat, 58.508 Acre Tract out of the Harrell Hughes Survey, Abstract 656, Tracts 3A, 3, and 4, and H.F. Wall Survey, Abstract 1973, Tract lA, requested by Caldwell's Creek Partnership Mayor Newton opened the Public Hearing and read Resolution R-93-878 in its entirety. -3- CITY COUNCIL MINUTES MAY 4, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. Jackie Fluitt, washington and Associates Engineers, was present representing the applicant. Discussion ensued among the Council regarding the entrances and the temporary roadway through Phase II. Mr. Fluitt explained that he was not familiar with this subject. Councilperson McKain moved to table this item until the applicant can be present. Councilperson Feigel seconded the motion. It was the consensus, due to the time constraints that this item be discussed at a later time during the meeting. Councilperson McKain withdrew his motion and Councilperson Feigel withdrew her second to the motion. Mr. Ramon Chandler, 1704 Glade Road, arrived and answered questions of the Council. Discussion ensued among the Council regarding a restrictive entry at the east entrance, a crash-gate at the west entrance, street lay-out, and the proposed temporary roadway through Phase II. councilperson Ahlers moved to approve Resolution R-93-878. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. TABLED ITEMS: 11. DISCUSSION AND CONSIDERATION OF MODIFIED CITY-DEVELOPER AGREEMENT FOR LONGWOOD ADDITION AT ROSS DOWNS, PHASES I & II There was no motion to remove this item from the table. 12. CONSIDERATION OF ORDINANCE 0-93-897 - WATER AND SEWER UTILITY RATE INCREASE There was no motion to remove this item from the table. ACTION ITEMS: 13 . DISCUSSION AND CONSIDERATION OF RESOLUTION TRUST CORPORATION LAW SUIT SETTLEMENT Mr. Terry Sandlin, 4402 Eaton Circle, was present to answer questions of the Council. Discussion ensued among the Council regarding drainage, aesthetics of the drainage area, fencing, open space, side yard set backs, and deed restriction amendments. It was the consensus of the Council to add a plat note stating a minimum of at least 15 feet would be required between structures with a minimum of a five foot side yard where there were no adjacent structures. Councilperson Ahlers moved to approve the proposed settlement with the proposed plat note. -4- CITY COUNCIL MINUTES MAY 4, 1993 Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 14. DISCUSSION AND CONSIDERATION OF CONCERTS IN THE PARKS This item was removed from the Agenda at the request of the City Staff. 15. DISCUSSION AND CONSIDERATION OF ACCEPTANCE OF LAND DONATION ON BLUEBONNET ROAD This item was removed from the Agenda at the request of Mayor Newton. 16. DISCUSSION AND CONSIDERATION OF AN INTERLOCAL AGREEMENT WITH GRAPEVIHE/COLLEYVILLE INDEPENDENT SCHOOL DISTRICT Councilperson Feigel moved to approve the proposed Interlocal Agreement. councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. REPORTS: 17. PLANNING AND ZONING COMMISSION MINUTES ENVIRONMENTAL BOARD MINUTES There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Ronald Curts, 5200 Bugle Lane, spoke concerning the hours of activities in City Park. Mr. Curts stated there has been excessive noise at the Metroplex Church. Mr. David Aanderud, 3301 Huntington Drive, spoke concerning Mr. Montes taking his Oath of Office and being seated in Place 2. He read a Memo from city Manager stripling regarding the canvass and oaths of office. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 4, 1993 - Reading and Public Hearing - Resolution R-93-880 Mayor Newton opened the Public Hearing and read Resolution R-93-880 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-93-880, approving the settlement with the Resolution Trust corporation provided; 1) the property descriptions of the open space be verified in a manor acceptable to the city staff and, 2) that there be a minimum of 15 foot separation between structures on adjacent lots and a five foot side yard on each lot. -5- CITY COUNCIL MINUTES MAY 4, 1993 Councilperson McKain seconded the motion. Ayes: Nays: Councilperson Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ADJOURNMENT : 20. ADJOURNMENT There being no further business before the Council, Councilperson McKenney moved to adjourn. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 8:45 p.m. APPROVED THIS IJI!.- DAY OF ;t1ILY --LL- NAYS, AND ~ ABSTENTIONS. , 1993, BY A VOTE OF S AYES, Minutes taken and prepared by: 9::::iO~~ City secretary -6-