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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. -1- 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. -2- CITY COUNCIL MINUTES 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. -3- CITY COUNCIL MINUTES 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. -4- CITY COUNCIL MINUTES 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. -5- CITY COUNCIL MINUTES 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. -6- 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. -7- 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. -8- 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. -9- 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. -10- (I (I 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 -11-