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HomeMy WebLinkAboutCity Council-Minutes-8/31/1993 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING AUGUST 31, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on August 31, 1993, at 6:47 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Steve McKain, Cheryl Feigel, 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. The invocation was given by Councilperson Manny Montes 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 f - Legal - Litigation, Marie Powell Drainage 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 6:49 p.m., and reconvened at 7:31 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 Mayor Newton presented a Proclamation to Mr. Larry Cole, representing the Builder's Association for Kaleidoscope of Homes Month. Councilperson McKnight commended the Citizens of Colleyville for participating in the Community Blood Drive for the young man that had been shot. He advised that 99 units of blood had been given and that the youth's condition has been upgraded. He also thanked Albertson's for allowing the blood drive to be held on their parking lot. Mayor Newton read a letter from Ann and Chuck Walton regarding the Dallas Regional Mobility Coalition. -1- CITY COUNCIL MINUTES AUGUST 31,1993 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-93-912 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 17, 1993 b. Approval of water well drilling permit at 709 Beverly Drive c. Approval of bid award for the reconditioning of the SH26 sewer lift station d. Approval of bid award for Self Contained Mower e. Approval of payment for master plan consulting services of Schrickel Rollins and Associates Mayor Newton opened the Public Hearing and read Resolution R-93-912 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore requested changes to the City Council Minutes as follows: Page 6, Item 15, after the first sentence "Councilperson Moore requested other streets be resurfaced in place of Glade Road." Councilperson Moore requested that Items D and E be removed from the Consent Resolution. Councilperson Moore moved to approve Resolution R-93-912, with corrections to the minutes. Councilperson Feigel seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. Item D Councilperson Moore requested an explanation of the expenditure for this mower in regard to the 1993-94 budget. City Manager Bob Stripling explained that this mower is specifically for playing fields. He further explained that the budgeted amount for mowing is for a potential contract for all City properties. Item E Councilperson Moore asked if the work had already been performed by Schrickel Rollins. City Manager Bob Stripling advised that the work has been done, but that additional meetings were needed to complete the project. He advised that a portion of the work had a set fee, but that the additional meetings were not included in the set fee; therefore, an hourly rate was paid to the consultant. Councilperson McKain moved to approve Items D and E of Consent Resolution R-93-912. Councilperson Feigel seconded the motion. -2- CITY COUNCIL MINUTES AUGUST 31,1993 Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 4. THIRD 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. Mayor Newton advised that the item would be tabled at the request of the applicant. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilperson Moore moved to table this item. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 5. THIRD 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 CITY SECRETARY'S NOTE: Action on this item was taken after Item #7. 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. Councilperson McKain moved to approve Ordinance 0-93-915. Councilperson McKnight seconded the motion. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilperson Montes Abstentions: Councilperson Moore Councilperson Moore advised that he was abstaining on the motion since it would directly affect him. Mayor Newton declared the motion carried. -3- CITY COUNCIL MINUTES AUGUST 31,1993 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-918 - Amending Ordinance 0-91-813 - Regarding Noise Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-918. Ms. Marie Powell, 3316 Glade Road, spoke in favor of the proposed ordinance. Mr. Brian Bleess, 3508 Fox Meadows Drive, stated there was an agreement between the subdivision and the church. He spoke in favor of the proposed ordinance and requested other ordinances be considered regarding teens being out after midnight. Mr. Bob Paulus, 3837 Berkshire, spoke regarding a meeting held on this subject. He stated the church would support the proposed ordinance with an exception of hours on holidays, and weekends with a special permit. He stated that they agree with their neighbors and that he is sorry this issue had to come to this point. Mr. Russ Kendzior, 3404 Huntington Drive, thanked Manny Montes, Chief Steele, his neighbors, and the Metroplex Covenant Church for their input regarding a solution to the noise problem. He stated concerns for the citizens rights. Mr. Robert Henry, 3510 Fox Glen, spoke in opposition to the proposed ordinance. Mr. Scott Fletcher, 3510 Fox Meadows, stated the citizens need clarification as to the purpose of these church-sponsored activities, and stated he was greatful for the work the church has done regarding the teens. Ms. Betty Roth, 3315 Fox Glen Drive, stated she thought the police officers had been asked to interpret the laws, and stated she did not feel that was the intent of the Ordinance. Mr. David Aanderud, 3301 Huntington Drive, thanked Mr. Paulus and the residents for working together to come to an agreement. He also thanked Councilperson Montes for having this put on the Council agenda. There were no others wishing to speak concerning this item, and Mayor Newton closed the public Hearing. Discussion ensued among the Council regarding amendments to the proposed ordinance regarding 500' being from property line to property line or from activity to property line, special permits, limiting the special permits to four each year, official school activities, policies involved in passing ordinances, and review of the entire nuisance ordinance. Councilperson Feigel commended both groups for working together, and suggested a worksession to review the entire ordinance. Councilperson Montes read a statement thanking the church and the citizens of Fox Meadows for their meeting together and creating an even better Ordinance and urged the Council to pass the Ordinance. Mayor Newton stated he was glad the citizens and the church worked together to solve the problem and agreed that the Ordinance as a whole should be reviewed. Mayor Newton read the portion of the Ordinance that had been amended. Councilperson McKnight stated he appreciated the citizens and the church working together. Councilperson Feigel moved to table this item and schedule a worksession to review the entire ordinance. The motion failed due to the lack of a second. -4- CITY COUNCIL MINUTES AUGUST 31,1993 Councilperson McKain raised questions concerning the Ordinance regarding public parks and their hours of operation versus the hours that are being proposed in this Ordinance and how the number four for the special permits was decided. Councilperson Montes stated he is in favor of tournament play and would not be opposed to changing the number of special permits to five. Councilperson Moore moved to approve Ordinance 0-93-918, with amendments to the hours of play. Councilperson Montes seconded the motion. Ayes: Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 7. THIRD 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 in opposition to funds being transferred, and giving permits for allowing the filling of the flood plain. Mr. Tom Schlick, 5613 Oak Top Drive, stated his concern for having the fees designated specifically for drainage. There were no others wishing to speak and Mayor Newton closed the Public Hearing. Councilperson Moore moved to amend Section C of the proposed Ordinance to limit the funds that can be transferred to $20,000 in one year. Councilperson Montes seconded the motion. Councilperson Feigel raised questions as to the $20,000 figure. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. Councilperson Moore suggested a change to the residential fee to $2.50 and adjusts all other fees accordingly. Councilperson Feigel moved to approve with a change to the residential fee to $4.00 and an additional change to exclude the City/Government section. Councilperson McKain seconded the motion. Councilperson Montes raised a question as to the rates being permanent. City Attorney Ross Foster advised that the rates could be modified by ordinance. -5- CITY COUNCIL MINUTES AUGUST 31,1993 Ayes: Councilpersons McKain, Feigel and McKnight Nays: Councilpersons Moore and Montes Mayor Newton declared the motion carried. 8. THIRD 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. Councilperson McKnight moved to approve Ordinance 0-93-916. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-901 - Providing for the control of soil erosion and sedimentation Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-901. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-920 - Approving and adopting the Annual Budget for the City of Colleyville for the Fiscal Year beginning October 1,1993, through September 30, 1994 Mayor Newton opened the Public Hearing and read Ordinance 0-93-920 in its entirety. Mr. A. G. Easterling, 5500 West Valley View Drive, and Mr. Roy Vick, 5304 Elm Street, spoke concerning the addition of employees in the proposed budget, funds being spent on Economic Development, increase in personnel costs, employee merit pool, reasons for increases, and drainage problems. Discussion ensued among the Council regarding the proposed budget, including Economic Development, employee merit increases, new positions, and possible cuts. City Manager Bob Stripling advised that the City's Five Year Financial Plan, adopted by the City Council, was the basis for the proposed budget. Councilperson Moore read from the City's Charter, Section 9-02, regarding the budget. Mayor Newton noted that Councilpersons Moore and Montes did not attend the Budget worksession on October 4, 1993, and read his proposal concerning the budget. -6- CITY COUNCIL MINUTES AUGUST 31,1993 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-921 - Levying taxes for the operation of the Municipal Government of the City of Colleyville, Texas, for the 1993-94 Fiscal Year; establishing the Ad Valorem Tax Rate of thirty one and fifty hundreds cents ($.3150) per one hundred dollars property assessment; providing for apportionment oftaxes for Interest and Sinking Fund for certain bond indebtedness and for general operating needs Mayor Newton opened the Public Hearing and read Ordinance 0-93-921 in its entirety. 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 0-93-922 - Amending Ordinance 0-92-880 setting fees and charges for City services Mayor Newton opened the Public Hearing and read Ordinance 0-93-922 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 fees for finger print cards, zoning variances, sign variances, and sign permits. It was the consensus of the Council to change the permanent Sign Permit fee back to $35.00. 13. READING AND PUBLIC HEARING - Resolution R-93-914 - Adopting a development policy for Colleyville Boulevard Councilperson Moore raised questions regarding the legality of passing a Resolution to make amendments to an Ordinance. Mayor Newton advised the purpose of the Resolution is to give direction, not amend or make changes to the Ordinance. City Attorney Ross Foster advised that a Resolution could not be passed by the City Council in order to amend or make changes to any Ordinance. City Manager Bob Stripling advised that this Resolution is direction to the City staff to bring an Ordinance amendment to the Council for consideration. Discussion ensued among the Council regarding drainage structures, safety hazards, flow condition, major thoroughfares, the City's drainage policy, escrowing funds, and getting input from the Economic Development Committee and the Highway 26 Corridor Committee. The Resolution was withdrawn. 14. READING AND PUBLIC HEARING - Resolution R-93-923 - Stating the intent to raise the City's Ad Valorem Tax Rate Mayor Newton opened the Public Hearing and read Resolution R-93-923 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. -7- CITY COUNCIL MINUTES AUGUST 31, 1993 Councilperson McKain moved to approve Resolution R-93-923, setting the tax rate at the maximum allowed by the City's Charter, $.3194, that this Resolution be adjusted and any additional funds generated at this additional rate be used to service and expedite implementation of the five year bond program. Councilperson McKnight seconded the motion. Discussion ensued among the Council regarding the bond program commitments, budget reductions, and increased taxes. Ayes: Councilpersons McKain and McKnight Nays: Councilpersons Moore, Montes, and Feigel Mayor Newton declared the motion failed. Councilperson Feigel moved to approve Resolution R-93-923, setting the tax rate at $.3100. Councilperson McKnight seconded the motion. Councilperson Moore clarified that this Resolution is to state the Council's intent to raise the tax rate, not to set a tax rate. Mayor Newton and City Attorney Ross Foster agreed. Ayes: Councilpersons Moore, Feigel, and McKnight Nays: Councilpersons Montes and McKain Mayor Newton declared the motion carried. TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-93-900 - Establishing criteria and regulations for the preservation oftrees and vegetative cover, providing minimum standards, criteria and providing for the replacement and replanting of trees that are removed during construction, development or redevelopment Councilperson McKain moved to remove this item from the table. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. Director of Community Development John Warden reviewed the proposed Ordinance. Discussion ensued among the Council regarding the proposed Ordinance as amended. Councilperson Montes moved to approve Ordinance 0-93-900. Councilperson Moore seconded the motion. The motion and second were withdrawn for further discussion. Councilperson McKain raised questions concerning adjustments to commercial sites. -8- CITY COUNCIL MINUTES AUGUST 31,1993 Mr. Warden reviewed Page 3, Section G of the proposed Ordinance. Councilperson Montes moved to approve Ordinance 0-93-900, as amended. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. Councilperson Montes commended John Warden for the work he did on this Ordinance. Councilperson Feigel commended Councilperson McKain for his instigation of this Ordinance. Councilperson McKain requested the staff inquire as to how the City of Colleyville can become a "Tree City USA". 16. CONSIDERATION OF ORDINANCE 0-93-911 - Zoning Change request, Ag to R20, 19.64 acre tract out of the H. Hughes Survey, Abstract 656, Tract 1A, requested by Scott Sandlin, south side of John McCain Road and west of Caldwell's Creek Addition Councilperson McKnight moved to remove this item from the table. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. Mr. Scott Sandlin, applicant, was present to answer questions of the Council. Discussion ensued among the Council regarding the proposed easement along the railroad track, stub-out streets, cui de sac requirements, the applicants intent to develop this tract as well as the adjacent tract, lot configuration, and visual harmony. Councilperson McKnight moved to approve Ordinance 0-93-911. The motion died for lack of a second. Councilperson Montes moved to table this item until further information could be received regarding the purchase of the adjacent tract. Councilperson McKnight seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, and Feigel Nays: Councilperson McKnight Mayor Newton declared the motion carried. -9- CITY COUNCIL MINUTES AUGUST 31,1993 ACTION ITEMS: 17. DISCUSSION AND CONSIDERATION OF THE NORTHEAST TARRANT COUNTY PARKWAY Councilperson Montes requested this item be deferred until the next regular Council meeting. 18. CONSIDERATION OF RESOLUTION R-93-915 - Approving a Developers Agreement for Metrovest, Inc. Councilperson McKain moved to approve Resolution R-93-915, Alternate 2.1. Councilperson Feigel seconded the motion. Discussion ensued among the Council regarding the decrease from $40,000, safety hazards, and drainage improvements along highway 26. The City Engineer commented that original cost projections were rough estimates without thorough study. After the situation was viewed more closely, it was determined that $20,000 would accomplish drainage requirements as per the Ordinance. Councilperson Feigel stated that if the Council is dissatisfied with what the Ordinance requires that the Ordinance must be changed in order to legally require more. Councilperson McKain called the question. Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Newton declared the motion failed. The vote on the motion to approve Resolution R-93-915 was as follows: Ayes: Councilpersons McKain, Feigel, and McKnight Nays: Councilpersons Moore and Montes Mayor Newton declared the motion carried. STAFF REPORTS: 19. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 20. PLANNI.NG AND ZONING COMMISSION PARK AND RECREATION ADVISORY BOARD MINUTES ENVIRONMENTAL BOARD MINUTES There was no action taken on this item. f CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. -10- CITY COUNCIL MINUTES AUGUST 31, 1993 ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 17, 1993 - Reading and Public Hearing - Resolution R-93-918 Mayor Newton opened the Public Hearing and read Resolution R-93-918 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-93-918, approving the contract for a self-contained mower be awarded to Century Equipment, Inc.; approving the payment for master plan consulting services of Schrickel Rollins and Associates; and approving the Developers Agreement for Metrovest, Inc., Alternate #2. Councilperson Moore seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilperson McKain moved to adjourn. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the meeting adjourned at 12:27 a.m. APPROVED THIS /JIi DAY OF f)/lJtJb lr NAYS, AND ----I2- ABSTENTIONS. , 1993, BY A VOTE OF ~ AYES, 0 Minutes taken and prepared by: ~ -11-