HomeMy WebLinkAboutCity Council-Minutes-8/17/1993
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
AUGUST 17, 1993
The regular meeting of the city Council of Colleyville was called to order by
Mayor Richard Newton on August 17, 1993, at 6:46 p.m.
ROLL CALL: Councilpersons Jim Moore, Manny Montes, steve McKain, and Ed McKnight
were present. Mayor Richard Newton, City Manager Bob Stripling, Director of
Community Development John Warden, Acting City Engineer Scott Dyer, City Attorney
Ross Foster, and City Secretary Jean Harris were also present.
councilperson Cheryl Feigel was on vacation.
The invocation was given by Councilperson Jim Moore after which Ross Foster led
the Pledge of Allegiance.
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 e - Land Acquisition - Sale and/or Acquisition of Property -
Chelsea Creek
paragraph e - Land Acquisition - Sale and/or Acquisition of Property -
centerpark Street right of way
paragraph f - Legal - Litigation, Marie Powell Drainage
paragraph f - Legal - Annexation of the southern portion of Reagan Estates
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 6:50 p.m., and reconvened at 7:29
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 McKnight introduced John Snettick, Scout Troop 28, working for his
Citizenship in the Community Merit Badge and commended the young men in this
troop who work for their Eagle Badge.
Councilperson McKain announced that he, the City Manager, and Linda Ahlers had
attended a meeting with the City of Grapevine and Engineers regarding the design
of Pool Road. He advised he had attended a joint meeting with Southlake,
Grapevine, and Colleyville' s Environmental Board representative regarding a joint
application for Clean City 2000 funding. Also, Councilperson McKain distributed
a copy of an article regarding a gas spill during December, 1985, from a similar
gas pipeline as was discussed at the Council's worksession on August 12, 1993,
and asked that copies of this article be distributed to the Environmental Board
and the Parks and Recreation Advisory Board.
City Manager Bob stripling presented a soccer ball to Councilperson Montes for
his son born on August 10, 1993. Mayor Newton congratulated Councilperson Montes
on the birth of his son.
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CITY COUNCIL MINUTES
AUGUST 17, 1993
Mayor Newton advised that he had attended a meeting of the Chamber of Commerce
and advised he would share information from that meeting with the Council
Members.
Councilperson Montes requested Item #21 be moved up on the Agenda to be acted on
after Item #14.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-93-910 - Consent Items:
a. Approval of City Council Minutes of Regular Meeting held July 20,
1993
b. Approval of request for waiver of perimeter street and drainage
improvement fees for Ann's Oaks Addition requested by Ann Hardy
c. Approval of the Combination Preliminary Plan and Final Plat of D.
and D. Homes Addition, 5.38 acres out of the S.C.H. Witten Survey,
Abstract 1737, Tract 1E, requested by Gary and Debbie Dunn
d. Approval of the abandonment of a portion of an easement at 209
Briarwick Lane, Lot 21, Block 2, Woodbriar Estates
e. Approval of sale of property adjacent to Bransford Elementary School
to the Grapevine-Colleyville Independent School District
f. Approval of the renewal of the Contract with Tarrant County for Food
Establishment and Public Pool Inspection Services
g. Approval of Safekeeping agreement with Texas Commerce Bank
h. Approval and Acceptance of the 1993 Certified Tax Roll
Mayor Newton opened the Public Hearing and read Resolution R-93-910 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the public hearing.
Councilperson Montes requested Item B be removed from the Consent agenda.
Mayor Newton recommended the following changes to the City Council Minutes of
July 20, 1993:
Page 3 - Item C - . . . as proposed by Mr. Munson. Page 8 - Item 18 - Ms. Myrel
Reynolds. . . . 40 foot easement along Colleyville Boulevard. Page 8 - Item 18 -
Ms. Betty Bramlett . . . . 40 foot easement along Colleyville Boulevard. Page
8 - Item 18 - Mr. Jack Bramlett . . 40 foot easement along Colleyville
Boulevard.
Councilperson McKain moved to approve Resolution R-93-910, excluding Item Band
with changes to the minutes.
Ayes:
Nays:
Councilpersons Moore, Montes, McKain, and McKnight
None
Mayor Newton declared the motion carried.
Item B.
Discussion ensued concerning the reasons this is before the Council, the size of
the lots, what has been done in the past, future subdividing, and payment of
perimeter street fees.
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AUGUST 17, 1993
Councilperson McKain moved to approve Item B of the Consent Resolution, #R-93-
910.
Councilperson McKnight seconded the motion.
Ayes:
Nays:
Councilpersons Moore, McKain, and McKnight
Councilperson Montes
Mayor Newton declared the motion carried.
PUBLIC HEARINGS:
4. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-913 - Amending the T. U.
Electric Franchise to provide for a different consideration
Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-
913.
There was no one present wishing to speak and Mayor Newton closed the Public
Hearing.
Councilperson Moore moved to approve Ordinance 0-93-913, with provision that the
monies be put in a special account to be used for future legal fees.
Councilperson Montes seconded the motion.
City Manager Bob Stripling advised that in the past four years only about $1,200
has been paid out for legal fees for the purpose of fighting increases in
electric rates. Mr. Stripling recommended the funds be used for the purpose of
repaving the City's streets.
Ayes:
Nays:
Councilpersons Moore and Montes
Councilpersons McKain, McKnight, and Mayor Newton
Mayor Newton declared the motion failed.
councilperson McKain moved to approve Ordinance 0-93-913 as presented.
Councilperson McKnight seconded the motion.
Ayes:
Nays:
Councilpersons McKain, McKnight, and Mayor Newton
Councilpersons Moore and Montes
Mayor Newton declared the motion carried.
5. THIRD 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 Newton 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 Newton
closed the Public Hearing.
Councilperson MCKnight moved to table this item until further information is
received regarding the open space along the railroad track and the linear park.
Councilperson Moore seconded the motion.
Mr. Scott Sandlin, 2200 Jonathan Court, was present to answer questions of the
Council. Mr. Sandlin stated he could agree to giving up 60 feet for the green
belt.
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AUGUST 17, 1993
Discussion ensued regarding the proposed green belt, the number of lots on the
cul-de-sac, the proposed use of the adjacent property, preliminary drainage
studies, and possible R-40 zoning.
Ayes:
Nays:
Councilpersons Moore, Montes, McKain, and McKnight
None
Mayor Newton declared Ordinance 0-93-911 tabled.
6. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-914 - Establishing
school zone on Bransford and Glade Roads
Mayor Newton 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 Newton
closed the public Hearing.
Councilperson Montes moved to approve Ordinance 0-93-914.
Councilperson McKain seconded the motion.
Ayes:
Nays:
Councilpersons Moore, Montes, McKain, and McKnight
None
Mayor Newton declared the motion carried.
7. SECOND 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 Newton opened the Public Hearing and read the caption of Ordinance 0-93-
917.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Mr. Bob Kohsmann, 2602 Harwood Road, was present to answer questions of the
Council.
Mayor Newton advised that the approval of this item required a 3/4 vote of the
City Council due to protest by 20% of the surrounding land owners.
Discussion ensued among the Council regarding the proposed site plan and
necessary public hearings.
8. SECOND 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 the caption of Ordinance 0-93-
915.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
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AUGUST 17, 1993
9.
SECOND READING AND PUBLIC HEARING
Ordinance 0-91-813 - Regarding Noise
Ordinance 0-93-918
Amending
Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-
918.
Mr. Bob Paules, 2508 Glade Road, Associate Pastor of Metroplex Covenant Church,
Mr. Robert L. Henry, 3510 Fox Glen Drive, and Mr. Kerry Johnston, 5201 Bugle
Lane, spoke in opposition to the proposed Ordinance.
Mr. David Aanderud, 3301 Huntington Drive, Mr. Russell Kendzior, 3404 Huntington
Drive, Mr. Brian Bleess, 3508 Fox Meadows Drive, Mr. Philip Charon, 3902 Elmwood
Court, Ms. Janeen Kendall, 5302 Huntington Court, Mr. Ron Curts, 5200 Bugle Lane,
spoke in favor of the proposed ordinance.
Ms. Carla Johnston, 5201 Bugle Lane, recommended this item be tabled and the two
opposing parties seek mediation.
Mayor Newton asked if there were others wishing to speak concerning this item.
There being none, Mayor Newton closed the Public Hearing.
Councilperson Montes read a letter submitted by Mr. Russell Kendzior for Mr. John
E. Cole, 5207 Bugle Lane, expressing his desire for the Council to pass the
proposed ordinance.
Councilperson Montes commended the church for their organizing these games; but
spoke concerning the hours of play, and the disrespect for the Municipal Court
Judge. Councilperson Montes urged the Council to pass this ordinance.
Discussion ensued among the Council regarding the hours of play, restrictions,
and enforcement.
Mr. Paules stated he is willing to sit down and try to solve the problem without
passing the proposed ordinance.
Mr. Kendzior stated he feels the problem was resolved with the Municipal Court
Judge's ruling and encouraged the Council to pass the ordinance.
Mayor Newton encouraged the interested parties to try to resolve the problem
prior to the next regular Council meeting on August 31, 1993.
10. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-912 - Levying drainage
utility charges
Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-
912.
Ms. Dee Barker, 2200 Oak Knoll Drive, spoke concerning the possibility of making
transfers from the Drainage Utility Fund into the General Fund, bypassing the
ordinance, and correcting problems that are ongoing.
Mayor Newton asked if there were others wishing to speak. There being none,
Mayor Newton closed the Public Hearing.
City Manager Bob stripling spoke concerning the reimbursement of accounts,
budgeting of this fund, and transfers.
City Attorney Ross Foster read from the Local Government Code regarding the
transferring of funds.
Discussion ensued among the Council regarding the budgeted drainage monies for
FY 1993.
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AUGUST 17, 1993
11. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-916 - Amending fiscal
year 1992-93 budget
Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-
916.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public hearing.
12. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-919 - Providing for the
control of soil erosion and sedimentation
Mayor Newton opened the Public Hearing and read Ordinance 0-93-919 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 enforcement and unnecessary.
hardships.
13. READING AND PUBLIC HEARING - Resolution R-93-914 - Adopting a development
policy for Colleyville Boulevard
It was the consensus of the Council to postpone this item until the next regular
City Council meeting of August 31, 1993.
14. READING AND PUBLIC HEARING - Resolution R-93-915 - Approving a Developers
Agreement for Metrovest, Inc.
Mayor Newton opened the Public Hearing and read Resolution R-93-915 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Mr. Hager requested action on this item be postponed until the next regular
Council meeting of August 31, 1993.
15. READING AND PUBLIC HEARING - Resolution R-93-916 - Awarding a bid for
street resurfacing contract
Mayor Newton opened the Public Hearing and read Resolution R-93-916 in its
entirety.
Councilperson Moore requested other streets be resurfaced in place of Glade Road.
Discussion ensued among the Council regarding other streets that need resurfacing
prior to the resurfacing of Glade Road and the amount of traffic on Glade Road.
Councilperson MCKnight moved to approve Resolution R-93-916.
Councilperson McKain seconded the motion.
Ayes:
Nays:
Councilpersons Moore, Montes, McKain, and McKnight
None
Mayor Newton declared the motion carried.
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CITY COUNCIL MINUTES
AUGUST 17, 1993
16. READING AND PUBLIC HEARING - Resolution R-93-917 - Awarding a bid for the
installation of a sanitary sewer line along Riverwalk Drive
Mayor Newton opened the Public Hearing and read Resolution R-93-917 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-93-917.
Councilperson Moore seconded the motion.
Ayes:
Nays:
Councilpersons Moore, McKain, and McKnight
Councilperson Montes
Mayor Newton declared the motion carried.
17. READING AND PUBLIC HEARING - Resolution R-93-919 - Denying request to
supplement proposed rates for Electric Service for Tri County Electric
Mayor Newton opened the Public Hearing and read Resolution R-93-919 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Councilperson McKnight moved to approve Resolution R-93-919.
Councilperson Montes seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, and McKnight
Nays: None
Mayor Newton declared the motion carried.
18. READING AND PUBLIC HEARING Resolution R-93-920 Establishing a
Colleyville Boulevard Corridor Development Plan Committee and appointing
members
Mayor Newton opened the Public Hearing and read Resolution R-93-920 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Councilperson Moore requested the addition of Ms. Opal Ethridge and Ms. Dee
Barker to the list of appointees.
Councilperson Montes requested the addition of Mr. Jack Martin.
councilperson McKnight moved to approve Resolution R-93-920 with the additions
of Opal Ethridge, Dee Barker, and Jack Martin.
councilperson McKain seconded the motion.
Ayes:
Nays:
Councilpersons McKain, McKnight, and Mayor Newton
Councilpersons Moore and Montes
Mayor Newton declared the motion carried.
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CITY COUNCIL MINUTES
AUGUST 17, 1993
19. READING AND PUBLIC HEARING - Resolution R-93-921 - Approving a contract
with Joseph probiner Consulting, Inc., to provide consulting services for
the Colleyville Boulevard Corridor Development Plan Committee
Mayor Newton opened the Public Hearing and read Resolution R-93-921 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-93-921.
Councilperson McKnight seconded the motion.
Ayes:
Nays:
Councilpersons McKain, McKnight, and Mayor Newton
Councilpersons Moore and Montes
Mayor Newton declared the motion carried.
20. READING AND PUBLIC HEARING Resolution R-93-922 Accepting a
recommendation of the Parks and Recreation Board regarding the use of
Voluntary Park Fund fees for the remainder of FY 1993
Mayor Newton opened the Public Hearing and read Resolution R-93-922 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Councilperson Moore explained that this is not tax money but voluntary donations.
Councilperson Moore asked that the Kidsville "Donation" be changed to Kidsville
"Project".
councilperson MCKnight moved to approve Resolution R-93-922.
councilperson McKain seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, and MCKnight
Nays: None
Mayor Newton declared the motion carried.
21. READING AND PUBLIC HEARING - Resolution R-93-913 - Directing the City
Manager to employ a firm to investigate whether development fees are owed
the City
Mayor Newton opened the Public Hearing and read Resolution R-93-913 in its
entirety.
Mr. Russ Kendzior, 3404 Huntington Drive, spoke concerning the investigation of
the 1988 report of Peat Marwick.
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 possibility of monies being
owed the City, proof of such, and collection.
~ Councilperson Montes moved to approve Resolution R-93-913.
The motion died for lack of a second.
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CITY COUNCIL MINUTES
AUGUST 17, 1993
TABLED ITEMS:
22. 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.
23. CONSIDERATION OF 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
Councilperson McKain moved to remove this item from the table.
Councilperson Moore seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, and McKnight
Nays: None
Mayor Newton declared the motion carried.
John Warden explained the status of the Special Use Permit and recommended
approval with the exception of the free standing sign.
Mr. David Chappell, 1300 Mistletoe Drive, Fort Worth, representing the applicant
was present to answer questions of the Council.
Mr. Gary Gooden, applicant, was also present to answer questions of the Council.
Discussion ensued among the Council regarding the monument sign versus a pole
sign, safety, and visibility.
Councilperson McKain moved to approve Ordinance 0-93-909, with the stipulation
that the staff be given the task of working with the applicant in locating the
sign in the southwest corner of the site for minimizing obstruction of
visibility.
Councilperson McKnight seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, and McKnight
Nays: None
Mayor Newton declared the motion carried.
ACTION ITEMS:
24. DISCUSSION AND CONSIDERATION OF THE NORTHEAST TARRANT COUNTY PARKWAY
councilperson Montes requested that this item be postponed until the next regular
Council meeting on August 31, 1993.
25. DISCUSSION AND CONSIDERATION OF A PROPOSED ENGINEERING SERVICES AGREEMENT
WITH ALBERT HALPF AND ASSOCIATES FOR DRAINAGE WORK SOUTH OF GLADE ROAD
Councilperson McKain moved to approve the proposed engineering services agreement
with Albert Halff and Associates for drainage work south of Glade Road.
Councilperson McKnight seconded the motion.
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CITY COUNCIL MINUTES
AUGUST 17, 1993
Ayes:
Nays:
Councilpersons Moore, Montes, McKain, and McKnight
None
Mayor Newton declared the motion carried.
26. DISCUSSION AND CONSIDERATION OF A DEVELOPERS AGREEMENT FOR MONTCLAIR PARC
Councilperson McKain moved to approve the Developers Agreement for Montclair
Pare.
Councilperson Montes seconded the motion.
Ayes:
Nays:
councilpersons Moore, Montes, McKain, and McKnight
None
Mayor Newton declared the motion carried.
REPORTS:
27. PLANNING AND ZONING COMMISSION MINUTES
ZONING BOARD OF ADJUSTMENT MINUTES
There was no action taken on this item.
CITIZEN COMMENTS:
28. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA
There was no one present wishing to speak concerning this item.
ACTION/RESOLUTION:
29. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA
ACTION FOR THE MEETING OF AUGUST 10, 1993 - Reading and Public Hearing -
Resolution R-93-911
Mayor Newton opened the Public Hearing and read Resolution R-93-911 in its
entirety.
councilperson McKain moved to approve Resolution R-93-911, waiving the perimeter
street and drainage fees for Ann's Oaks Addition as requested by Ann Hardy;
approving the engineering services contract with Albert Halff and Associates for
drainage work south of Glade Road; and approving the Developers Agreement for
Montclair Parco
Ayes: Councilpersons Moore, Montes, McKain, and McKnight
Nays: None
Mayor Newton declared the motion carried.
ADJOURNMENT :
30. 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, and McKnight
None
Mayor Newton declared the meeting adjourned at 12:03 p.m.
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CITY COUNCIL MINUTES
AUGUST 17, 1993
APPROVED THIS 3/~ DAY OF llt1.Just
AYES, 0 , AND ~ ABSTENTIONS.
, 1993, BY A VOTE OF ~
Minutes taken and prepared by:
~,iJ~
City Secretary
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