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HomeMy WebLinkAboutCity Council-Minutes-7/20/1993 r- I MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JULY 20, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on July 20, 1993, at 6:45 p.m. ROLL CALL: Counci1persons Jim Moore, Manny Montes, Steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager David I. Draz, Jr., Director of Community Development John Warden, Acting City Engineer Scott Dyer, City Attorney Ross Foster, and City Secretary Jean Harris were also present. The invocation was given by Councilperson Ed McKnight after which Ross Foster led the Pledge of Allegiance. City Secretary's Hote: Mayor Newton handled Items 1, 2, 3, 10, 11, and 12 and left the meeting at 9:00 p.m. Mayor Pro Tem McKnight presided over the remainder of the meeting. 1. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Oaks and Briarwood paragraph f - Legal - Litigation, Marie Powell Drainage paragraph f - Legal - Potential Litigation - Development Fees 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 6:48 p.m., and reconvened 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 Feigel stated she had attended the Metroport Cities Partnership meeting and that an Economic Development Seminar is being planned jointly between the Cities of Colleyville, Grapevine, Haslet, Roanoke, Westlake, Trophy Club, Keller, and Southlake during the month of October to present an overview of the area and invite potential commercial developers for the presentation. (I. ~I -1- CITY COUNCIL MINUTES JULY 20, 1993 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-93-905 - Consent Items: a. Approval of City Council Minutes of Regular Meeting held July 6, 1993 b. Approval of water well drilling permit at 2501 Kensington Place c. Approval of amended Final Plat of Lot 23R, Block 1 and Lots 3R - 9R, Lots 16R - 19R, and 24 R, Block 2, Lots 18R and 28R, and Block 3 of Montclair Parc d. Approval of using Voluntary Park Fund for City's contribution to Colleyville Nature Center Mayor Newton opened the Public Hearing and read Resolution R-93-905 in its entirety. Mr. Rich Munson, 1905 Hall Road, spoke in opposition to Item 3C regarding the emergency access right of way, streets on three sides of his property, walls, fences, gates, gate posts, barriers, and obstructions. He stated he is not opposed to the plat remaining as is nor does he object to Montclair constructing a wall on their existing platted property. Mayor Newton asked if there were others wishing to speak. There being none, Mayor Newton closed the Public Hearing. Councilperson Montes requested Item C be removed from the Consent Resolution for further discussion. Councilperson Moore made the following changes to the minutes: 1) Page Seven, Item #14, Councilperson Moore recommended an amendment, . . . .Employee below department manager level. . . .; 2) Page Nine, Item #18, the vote indicates the motion failing; 3) Page Nine, Item #19, Councilperson Moore suggested . . call the leader of the Church . . . Mayor Newton made the following changes to the minutes: 1) Page Five, Item #8, adding, .of the proposed project, and the difficulty that this property presented to an R-20 Plat. 2) Page Five, Item #10, City Manager Bob Stripling . . . Plat Note #8 being "Prior to issuing a building permit for Lot 4R, Block 1, Kroger Addition, adequate provisions must be submitted and approved for the construction of proper water extensions, fire hydrants, fire lanes, sanitary sewers, storm drains, and the construction of Forest Oak Lane. These provisions may include the dedication of additional easements, the preparation of plans and/or the construction of water sewer, street, and drainage improvements in accordance with city requirements for Forest Oak Lane from Shadowood Road to the N. E. corner of Lot 4R, Block 1, Kroger Addition. If, prior to issuing a building permit, the right-of-way is abandoned, this Note 8 will cease to be in effect"; 3) Page Six, Item #11, Mr. Glenn Lavender, . . . .questions of the Council. (add) He specifically said Saddlebrook had no problem with the Commercial tract being included in the plat; 4) Page Seven, Item 14, Councilperson Feigel called the question. (add) A vote was held to end debate. Councilperson McKnight requested Item A be removed from the consent ReSOlution, to be voted on separately. Councilperson Moore moved to approve Resolution R-93-905, excluding Items A and C. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. -2- CITY COUNCIL MINUTES JULY 20, 1993 Councilperson Moore moved to approve Item A with the stated amendments. Councilperson McKain seconded the motion. Ayes: Moore, Montes, McKain, and Feigel Nays: None Abstention: McKnight Mayor Newton declared the motion carried. ITEM C Discussion ensued among the Council regarding the proposed emergency access. Mr. Ross Calhoun was present and stated he could agree to the request of Mr. Munson. Councilperson Montes moved to approve Item C as proposed by Mr. Munson. Councilperson Moore seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-908 - Zoning Change Request, Colleyville Shopping village, AG to CC, 7.256 acres out of the J. L. Byas Survey, Abstract 180, Tract 2X, 2M, 2VI, 2, 2Z1, 2Z, and 2Y, requested by Metrovest, Inc., 6200 Block of Colleyville Boulevard, east side Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-93-908. Mr. Bill Krabacher, 800 W. Airport Freeway, was present to answer questions of the Council. There were no other requests to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued among the Council regarding access to the city's sewer service. Councilperson McKain moved to approve Ordinance 0-93-908. Councilperson Feigel seconded the motion. Mayor Pro Tem McKnight read a letter from Mr. Dale Hodgson, P. O. Box 310, Colleyville, supporting the proposed zoning change. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-909 - Special Use Permit Request to sell beer and wine for off-premise consumption at the Texaco located at 4612 Colleyville Boulevard, requested by Gastar Systems, Inc., N. W. Corner of Bransford Road and Colleyville Boulevard Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-93-909. -3- CITY COUNCIL MINUTES JULY 20, 1993 There was no one present wishing to speak and Mayor Pro Tem McKnight closed the Public Hearing Councilperson McKain moved to table this item as requested by the applicant. Councilperson Moore seconded the motion. Ayes: Nays: councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-913 - Amending the T. U. Electric Franchise to provide for a different consideration Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-93-913. There was no one present wishing to speak and Mayor Pro Tem McKnight closed the Public Hearing. Discussion ensued among the Council regarding the coalition of cities and the legal fees in relation to denying the rate increase. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-911 - Zoning Change request, AG to R20, 19.64 acre tract out of the H. Hughes Survey, Abstract 656, Tract lA, requested by Scott sandlin, south side of John McCain Road and west of Caldwell's Creek Addition Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-93-911. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Mr. Matt Spade, 5137 Davis Boulevard, representing Mr. Scott Sandlin, was present to answer questions of the City Council. Discussion ensued among the Council regarding the purchase of the property adjacent to the location being considered for rezoning, street stub-out, a drainage study, and accommodations to handle the drainage. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-914 - Establishing school zone on Bransford and Glade Roads Mayor Pro Tem McKnight opened the Public Hearing and read the caption of Ordinance 0-93-914. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-917 - Zoning Change request, R40 to PUD-C, 6.5340 acres, McNary Acres Tracts 1 and 2, requested by Bob Kohsmann, Classic concepts Homes, southeast corner of L. D. Lockett Road and Precinct Line Road Mayor Pro Tem McKnight opened the Public Hearing and read Ordinance 0-93-917 in its entirety. Mr. Doug Blemings, 6000 Colts Neck Drive, spoke in opposition to this rezoning. -4- CITY COUNCIL MINUTES JULY 20, 1993 Mayor Pro Tem McKnight asked if there were others wishing to speak concerning this item. There being none, Mayor Pro Tem McKnight closed the public hearing. Discussion ensued among the Council regarding surveys being done by other subdivisions opposing this type of zoning changes. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-915 - Exempting a portion of the Market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes rendered after the passage of this ordinance Mayor Newton opened the Public Hearing and read Ordinance 0-93-915 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain explained that this would offset the drainage utility fee. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-918 - Amending Ordinance 0-91-813 - Regarding Noise Mayor Newton opened the Public Hearing and read Ordinance 0-93-918 in its entirety. Mr. Phillip Coppage, 1306 Crest Drive, spoke in opposition to the ordinance amendment s . Mr. George Coleman, 6402 Emerald Drive, spoke concerning the site, the lighting, and resolutions outside of the Courtroom and without the Council amending an Ordinance. He also stated that there had been no complaints prior to this year. Mr. David Aanderud, 3301 Huntington Drive, spoke in favor of the proposed changes and asked that one other amendment be added regarding the word "sensibility" in the Ordinance. He asked that Environmental Protection Agency (EPA) regulations be used in the wording of this proposed Ordinance. 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 lighting of the playing fields, school athletic grounds, and citations issued. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-912 - Levying drainage utility charges Mayor Newton opened the Public Hearing and read Ordinance 0-93-912 in its entirety. Mr. Donald Paiva, 7204 Cedar Court, spoke concerning the fee structure for residential properties, averages across the Country, COG averages, and a telephone survey of the cities listed as comparison cities in the Collevville Communicator. There were no others wishing to speak and Mayor Newton closed the Public Hearing. -5- CITY COUNCIL MINUTES JULY 20, 1993 Discussion ensued among the Council regarding section 1 regarding the City property, residential rate being changed to $2.50 and the remaining rates be recalculated based on $2.50 rather than $5.00, section C: adding the wording "the City may transfer income in the Drainage Utility System account in whole or in part to the Municipal General Fund not to exceed $20,000 per year", Section E: regarding exemptions, raw land charges, charges during the development process, creation of a citizens committee to make recommendations to the Council regarding the present problems and the fees, acreage of City property, and time involved in a citizens committee review. Councilperson Feigel moved to create a citizens committee to review the proposed fees and make recommendations to the Council. The motion died for lack of a second. 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-916 - Amending fiscal year 1992-93 budget Mayor Pro Tem McKnight opened the Public Hearing and read Ordinance 0-93-916 in its entirety. There was no one present wishing to speak concerning this item and Mayor pro Tem McKnight closed the public hearing. 14. READING AND PUBLIC HEARING - Resolution R-93-907 - Combination and Final Plat of Ann's Oaks Addition, 12.123 acres out of the H. R. Wall Survey, Abstract 1973, Tracts 3A1, 3A1A, and 3A1C; the Hall Medlin Survey, Abstract 1038, Tracts 3A1A and 3A1A1, requested by Ann Hardy, north side of John McCain, 900 Block Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-93-907 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public hearing. Ms. Ann Hardy, 900 John McCain, was present to answer questions of the City Council. Discussion ensued among the Council regarding the proposed shared driveway, the original proposal regarding separate driveways, and waiver of perimeter street fees. Councilperson McKain moved to approve Resolution R-93-907. Councilperson Feigel seconded the motion. The motion and second were withdrawn for further discussion regarding the perimeter street fees. Discussion ensued regarding the approval of the perimeter street fees now or whether that should be put on a future agenda. Councilperson Feigel moved to approve Resolution R-93-907, putting the consideration of perimeter street fees on the next regular agenda of August 3, 1993. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. -6- CITY COUNCIL MINUTES JULY 20, 1993 15. READING AND PUBLIC HEARING - Resolution R-93-908 - Final Plat of Bridlewood Estates, 37.19 acre tract out of the M. Day Survey, Abstract 406, Tracts 1 and 1Bi T. J. RR. Co. Survey, Abstract 228, Tract 1Di Harwood Homes Addition, requested by Sandlin properties, Inc., northwest corner of Brown Trail and Cheek Sparger Road Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-93-908 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Montes moved to approve Resolution R-93-908. Councilperson Moore seconded the motion. The motion and second were withdrawn Councilperson Feigel moved to approve Resolution R-93-908 with the additions of corrections to the plat from Memo dated July 19, from Doug Henderson, City Planner, plus two other additions, 1) the need for an open space maintenance and use agreement with Saddlebrook, and 2) that the contingency should also include any requirements in the agreed judgements that are not spelled out in this memo. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-93-909 - Supporting the City of Southlake's request for improvements to S.H. 114 Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-93-909 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Feigel moved to approve Resolution R-93-909. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. TABLED ITEMS: 17. CONSIDERATION OF ORDINANCE 0-93-900 - Establishing criteria and regulations for the preservation of trees and vegetative cover, providing minimum standards, criteria and providing for the replacement and replanting of trees that are removed during construction, development or redevelopment There was no motion to remove this item from the table. -7- CITY COUNCIL MINUTES JULY 20, 1993 18. CONSIDERATION OF RESOLUTION R-93-904 - Approval of the Combination Preliminary Plan and Final Plat of Metrovest Addition, 1.920 acres out of the A. Caldwell Survey, Abstract 331, Tracts 2G and 2H, requested by Metrovest, Inc., south corner of Hardage Lane and Colleyville Boulevard Councilperson McKain moved to remove this item from the table. Councilperson Feigel seconded the motion. Ayes: Nays: councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Discussion ensued among the Council regarding the amended plat, sewer line, drainage box culvert, and the water line. councilperson Moore moved to approve Resolution R-93-904. Councilperson Montes seconded the motion. Ms. Myrel Reynolds, 6110 Colleyville Boulevard, opposed to crossing her back yard to get sewer, and spoke in opposition to the 40 foot easement along Colleyville Boulevard. Ms. Betty Bramlett, 6200 Colleyville Boulevard, spoke in opposition to the 40 foot easement along Colleyville Boulevard. Mr. Jack Bramlett, 6200 Colleyville Boulevard, spoke in opposition to the 40 foot easement along Colleyville Boulevard. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays Mayor Newton declared the motion carried. ACTION ITEMS: 19. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE COMMUNITY CENTER ADVISORY COMMITTEE Councilperson Moore moved to maintain the original appointments and make no further appointments at this time. Councilperson Montes seconded the motion. Discussion ensued among the Council regarding the advertising for further applicants and then not making appointments. Ayes: Nays: councilperson Moore Councilpersons Montes, McKain, Feigel, and McKnight Mayor Pro Tem McKnight declared the motion denied. Councilperson McKain moved to table this item. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, and McKain, Councilpersons Feigel and McKnight Mayor Pro Tem McKnight declared the motion carried. -8- CITY COUNCIL MINUTES JULY 20, 1993 20. DISCUSSION AND CONSIDERATION OF APPOINTING A PARKS AND RECREATION ADVISORY BOARD MEMBER Councilperson Moore nominated Mr. Chuck Walton. Councilperson McKain nominated Mr. Mike Wolber. There were no other nominations made. Chuck Walton - Councilpersons Moore, Montes, and Feigel Mike Wolber - Councilpersons McKain and McKnight Mayor Pro Tem McKnight declared Mr. Chuck Walton appointed to the Parks and Recreation Advisory Board. 21. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO METROPORT CITIES Councilperson Feigel volunteered to serve as the City's representative to Metroport Cities. Councilperson Montes moved to appoint Councilperson Feigel as the City's representative to Metroport Cities. Councilperson Moore seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. 22. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF COUNCIL LIAISON TO THE CHAMBER OF COMMERCE BOARD OF DIRECTORS Councilperson Moore moved to appoint Mayor Newton as the Council Liaison to the Chamber of Commerce Board of Directors. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. 23. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF COUNCILMEMBER AS NETS (NORTHEAST TRANSPORTATION SYSTEM) REPRESENTATIVE Councilperson McKain moved to appoint Councilperson Moore as the City's Northeast Transportation System (NETS) Representative. Councilperson Feigel seconded the motion. Ayes: Councilperson Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. ~ -9- CITY COUNCIL MINUTES JULY 20, 1993 24. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF COUNCIL LIAISON TO ENVIRONMENTAL BOARD Discussion ensued regarding Councilpersons serving as Liaisons to Council appointed committees. There was no action taken on this item. 25. DISCUSSION AND CONSIDERATION OF PLANNING AND ZONING COMMISSION ATTENDANCE Councilperson Moore referred to the Charter and spoke concerning this item. Discussion ensued regarding the circumstances under which the Commission members were absent. councilperson Moore moved to look at this situation in September, 1993, at the time regular appointments are to be made. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem MCKnight declared the motion carried. 26. DISCUSSION AND CONSIDERATION OF CITY MANAGER'S PROPOSED BUDGET POR FISCAL YEAR 1994 Mayor Pro Tem McKnight announced a public Council Worksession on Saturday, July 24, 1993 STAFF REPORTS: 27. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 28. PLANNING AND ZONING COMMISSION MINUTES ZONING BOARD OF ADJUSTMENT MINUTES PARKS AND RECREATION ADVISORY BOARD MINUTES There was no action taken on this item. CITIZEN COMMENTS: 29. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 30. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 20, 1993 - Reading and Public Hearing - Resolution R-93-906 Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-93-906 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem McKnight closed the Public hearing. -10- CITY COUNCIL MINUTES JULY 20, 1993 Councilperson McKain moved to approve Resolution R-93-906, approving the minutes of the regular City Council meeting of July 6, 1993; approving the amended final plat of Lot 23R, Block 1, and Lots 3R - 9R, Lots 16R - 19R, and 24 R, Block 2, Lots 18R and 28R, and Block 3 of Montclair parc; approving the appointment of Charles Walton to Place 1 of the Parks and Recreation Advisory Board; approving the appointment of Councilperson Feigel as the Council's representative to the Metroport Cities Partnership; approving the appointment of Mayor Newton to serve as the Liaison to the Colleyville Area Chamber of Commerce; approving the appointment of councilperson Moore as the Council's representative to Northeast Transportation System (NETS); approving the advisement of the Planning and Zoning Commission of attendance requirements and attendance review at the end of September. councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. ADJOURNMENT : 31. ADJOURNMENT There being no further business before the City Council, Councilperson McKain moved to adjourn. Councilperson Montes seconded the motion. Ayes: Nays: councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 11:20 a.m. APPROVED THIS J 7-1} DAY OF ~ llS./- AYES, f) NAYS, AND ~ ABSTENTIONS. Minutes taken a~~bY' Harris, CMC Secretary , 1993, BY A VOTE OF ~ -11-