HomeMy WebLinkAboutCity Council-Minutes-8/18/1998
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
AUGUST 18, 1998
The regular meeting of the Colleyville City Council was called to order by Mayor Richard
Newton on August 18, 1998, at 6:50 p.m.
ROLL CALL:
Councilpersons Steven Helling, Frank Carroll, Nelson Thibodeaux,
Ginny Tigue, and Mayor Pro Tem Donna Arp were present. Mayor
Richard Newton, City Manager Bob Stripling, Assistant City Manager
Dianne McWethy, Financial Analyst Anne Born, Public Services
Director Jim Foster, Economic Development Manager Mike Soab,
Public Works Manager Randy Brown, Fire Chief Mike Johnston, Acting
Community Development Manager Tom Niederauer, City Attorney
Ross Foster, and City Secretary Jean Harris were also present.
1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268,
Subchapter D
Sec. 551.071 -
Sec. 551.071 -
Sec. 551.074-
Legal - Elder Construction Law Suit
Legal - Caldwell's Creek Law Suit
Personnel - The City Council may consider the appointment,
employment, evaluation, reassignment, duties, discipline or
dismissal of public officers or employees, including the City
Manager, City Secretary, City Attorney, and City board and
commission members. A complete list of the City boards and
commissions is on file in the City Secretary's office
Mayor Newton announced that the Executive Session had been called in accordance
with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal, and
Section 551.074 - Personnel. He further announced that there would be no decisions
made or action taken during this time. The meeting was recessed at 6:52 p.m., and
reconvened at 7:32 p.m.
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The invocation was given by Mayor Pro Tem Arp, after which Ross Foster led the
Pledge of Allegiance.
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED
BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS,
PROCLAMATIONS, OR PRESENTATIONS
Mr. Don Rowe, 4716 Lakeside Drive, Chair of the Economic Development Task Force,
made a presentation regarding the development of the City's Village Center. He advised
that the task had been broken into three main areas: concepts, infrastructure, and finance.
He addressed the Task Force finance findings and recommendations regarding the
financing of the infrastructure improvements in order to enhance the development potential
and expedite the building of its designated 70 acre village center.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-98-1396 - Consent Items:
a. Approval of minutes of the regular City Council meeting of July 21, 1998
b. Approval of minutes of the City Council worksession held July 16, 1998
c. Approval of minutes of the City Council worksession held July 22, 1998
d. Approval of minutes of the regular City Council meeting of August 4, 1998
e. Approval of minutes of the City Council worksession held August 10, 1998
f. Approval of a City/Developer Agreement with Ken Green Construction for the
Chamber Addition
g. Approval of a City/Developer Agreement with JBM Development for the
Shalimar Addition
h. Approval and adoption of the 1998 Certified Tax Roll
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CITY COUNCIL MINUTES
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I. Approval of a contract with Weaver and Tidwell, LLP, in the amount of
$26,900 to perform the annual audit for fiscal year ending September 30,
1998
J. Approval of an Interlocal Agreement with the Cities of Southlake, Grapevine,
the Town of Trophy Club, the Carroll Independent School District and the
Grapevine/Colleyville Independent School District for participation in and
funding for the METROPORT Teen Court Program for Fiscal Year 1998-99
k. Approval of the calling of a public hearing for the purpose of moving a
portable building by Grapevine/Colleyville Independent School District to the
Glenhope Elementary School campus
Mayor Newton opened the public hearing and read Resolution R-98-1396 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
Councilman Thibodeaux moved to approve Resolution R-98-1396.
Mayor Pro Tem Arp seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
PUBLIC HEARINGS:
4. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1101 - Amending
Sections 42-27, 42-29, and adding Section 42-31 of the Colleyville Code of
Ordinances, declaring the growth or existence of high weeds, grass, and brush to
be a nuisance; defining relevant terms; specifying rules and procedures for the
abatement of high weeds, grass, and brush; providing for civil and criminal penalties
for violations; and providing for publication
Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1101.
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There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1102 - Amending
Section 2-26 of the Colleyville Code of Ordinances; establishing a fee for the public
abatement of high weeds and grass, establishing a fee for brush abatement,
establishing an administrative fee for brush abatement and providing for publication
Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1102.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1105 - Amending the
Subdivision Ordinance, Chapter 9 of the Colleyville Code of Ordinances, by adding
a Section 13, regulating developments with private streets and entrance gates
Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1105.
Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding safety issues on private
streets.
There were no others wishing to speak concerning this item and Mayor Newton closed the
public hearing.
Discussion ensued regarding police officers patrolling private streets, the use of go-carts
on private streets, Homeowners Associations regulating the use of private streets, liability
of injuries/deaths incurred by children using the private streets for go-carts, and other
recreational vehicles, street maintenance, less tax dollars used for street maintenance,
reserve funds for future street reconstruction, the need for support of 100% of the property
owners for private streets, manned/unmanned gates, abandonment of the streets, repairing
of the streets by the City at the cost of the Homeowners Associations, items in the proposed
ordinance requiring the City's approval and the process for getting that approval, and
stipulations put on the Homeowners Associations by the proposed ordinance and the
recourse of the City if the Homeowners Associations do not abide by those stipulations.
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7. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1106 - Zoning change
request from AG (agricultural) to PUD-R (planned unit development-residential),
51.834 acres out of the R. B. Williams Survey, Abstract 1674, Tracts 2B, 2F, 2, and
a portion of Circle B Estates; and the D. J. Beddo Survey, Abstract 232, Tract 2G;
owners: Guy S. Benedict, Gladys L. Benedict, and Barbara J. McPherson; applicant:
David Bagwell, The David Bagwell Company, southwest corner of John McCain
Road and Westcoat Drive
This item was passed over at the request of the applicant.
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1107 - Amendment to
the Fiscal Year 1997-98 Budget
Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1107.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
City Manager Bob Stripling reviewed the proposed amendments including the proposed
contract with Cline and Shrader in the amount of $47,500; the construction of a parking lot
at the City's Community Center in the amount of $351,000; and the increased water
treatment payments to Trinity River Authority in the amount of approximately $450,000.
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1108 - Facility Use
Ordinance for the use of public park athletic and recreational facilities
Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1108.
Mr. Jim Moore, 1416 Glade Road, spoke regarding the citizens of Colleyville paying taxes
but not being allowed to use the facilities without having to pay a fee.
There were no others wishing to speak concerning this item and Mayor Newton closed the
public hearing.
Discussion ensued regarding the cost of maintenance of the fields and who should pay,
whether this applies to all of our parks or just the soccer complex and City Park, and
clarification of the use of the tennis courts.
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10. READING AN D PUBLIC HEARING - Resolution R-98-1394 - Approving a settlement
agreement in the Caldwell's Creek law suit
Mayor Newton opened the public hearing and read Resolution R-98-1394 in its entirety.
Mr. Greg Schultz, 1503 Caldwell Creek, spoke in favor of the settlement.
Ms. Luann Edwards, 220 W. Glade, spoke regarding the history ofthis zoning case and plat
and in opposition to the settlement agreement.
Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding a standard for park development
and in opposition to the settlement agreement.
There were no others wishing to speak concerning this item and Mayor Newton closed the
public hearing.
Mayor Newton read a letter from Mr. Rich Hendler, Parks and Recreation Advisory Board
Chair, stating his opposition to the settlement agreement.
Discussion ensued regarding the park land dedication ordinance, the proposed settlement,
maintenance of the proposed park, the negotiation process, property needed for a trail,
review of the zoning ordinance, other private parks in the city, cost of legal fees,
establishing a win/win situation, review of PUD-R zoning requirements, application of the
City's ordinances, and the approval of the Final Plat for the Villa's of Caldwell's Creek.
Councilman Tigue moved to approve Resolution R-98-1394.
Councilman Thibodeaux seconded the motion.
Discussion ensued regarding Mr. Thibodeaux's abstaining from the vote.
City Attorney Ross Foster advised Mr. Thibodeaux he did not have a conflict of interest and
further advised, absent a conflict of interest, City Charter requires a vote on the issue by
the members of Council.
Ayes: Co unci I persons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
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CITY COUNCIL MINUTES
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11. READING AND PUBLIC HEARING - Resolution R-98-1401 -Approving a notice of
intent to establish a tax increment financing district
Mayor Newton opened the public hearing and read Resolution R-98-1401 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
City Manager Bob Stripling spoke regarding the tax increment financing district, the
recommendation of the Task Force, how the monies will be spent, the tax rate, and
improvement of the commercial tax base.
Councilman Helling moved to approve Resolution R-98-1401.
Councilman Arp seconded the motion.
Discussion ensued regarding the sense of urgency regarding the Grapevine Colleyville
Independent School District.
Economic Development Manager Mike Soab spoke regarding this effort leveling the
Economic Development playing field with other cities in the area.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-98-1398 - Approving an
agreement with Schrader and Cline in the amount of $47,500.00, to provide
assistance in creating a tax increment financing district
Mayor Newton opened the public hearing and read Resolution R-98-1398 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
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CITY COUNCIL MINUTES
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Mayor Pro Tem Arp moved to approve Resolution R-98-1398.
Councilman Thibodeaux seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
13. READING AND PUBLIC HEARING - Resolution R-98-1399 -Approving a plan for
providing interim library services
Mayor Newton opened the public hearing and read Resolution R-98-1399 in its entirety.
Mr. Jim Moore, 1416 Glade Road, spoke in favor of the approach the Council is considering
and suggested the exchange of the use of our books by the citizens of Grapevine for the
use of the library by citizens of Colleyville.
There were no others wishing to speak concerning this item and Mayor Newton closed the
public hearing.
Discussion ensued regarding the building of a new "high tech" library, libraries of other
cities, and other options.
Councilman Tigue moved to approve Resolution R-98-1399.
Councilman Carroll seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
14. READING AND PUBLIC HEARING - Resolution R-98-1400 - Adopting a General
Fund five year financial plan
Mayor Newton opened the public hearing and read Resolution R-98-1400 in its entirety.
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CITY COUNCIL MINUTES
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There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
Discussion ensued regarding some changes that have occurred recently, tabling this item
for further study, and the scheduling of a worksession.
Councilman Carroll moved to table Resolution R-98-1400.
Councilman Tigue seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
15. READING AND PUBLIC HEARING - Resolution R-98-1402 - Approving the
replacement of the Sparger Park and Tara Plantation Pedestrian Bridge
Mayor Newton opened the public hearing and read Resolution R-98-1402 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
Discussion ensued regarding the use of taxpayer dollars for this bridge that will be used
primarily for the homeowners of Tara, Tara Homeowners Association paying one-half of the
cost to replace the bridge, ownership of the bridge, cost of the consultants report, liability,
and fairness to other additions.
Councilman Carroll moved to table this item.
Councilman Thibodeaux seconded the motion.
The motion and second were withdrawn.
There was no action taken on this item.
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CITY COUNCIL MINUTES
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16. READING AND PUBLIC HEARING - Resolution R-98-1403 - Proposal to set tax rate
for Fiscal Year 1998-99 at $.3474 per hundred dollars of valuation
Mayor Newton opened the public hearing and read Resolution R-98-1403 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
Councilman Carroll moved to approve Resolution R-98-1403.
Mayor Pro Tem Arp seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
17. READING AND PUBLIC HEARING - Resolution R-98-1404 - Ratifying a
recommendation of the Sign Board of Appeals to allow Walgreens to place a multi-
purpose monument sign at 3830 Glade Road
Mayor Newton opened the public hearing and read Resolution R-98-1404 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed
the public hearing.
Discussion ensued regarding the amount of the requested setback.
Councilman Tigue moved to approve Resolution R-98-1404.
Councilman Carroll seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
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ACTION ITEMS:
18. DISCUSSION AND CONSIDERATION OF THE AWARD OF A CONTRACT FOR
THE CONSTRUCTION OF AN ADDITIONAL PARKING LOT AT THE COMMUNITY
CENTER
City Manager Bob Stripling explained the proposed expenditure for construction of
additional parking at the City's Community Center.
Discussion ensued regarding such a large expenditure, the future use of the land, cost of
concrete, increase in the appeal of the Tax Increment Financing area with the added
parking, and cost of temporary parking.
Mayor Pro Tem Arp moved to request the City Manager research the cost of temporary
parking and report back to the Council at the next regular Council meeting.
Councilman Helling seconded the motion.
Discussion ensued regarding the possibilities of saving money by having some of the
preliminary work done for permanent parking with the placement of temporary parking.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the motion carried.
STAFF REPORTS:
15. MONTHLY FINANCIAL REPORT
QUARTERLY INVESTMENT REPORT
There was no action taken on this item.
REPORTS:
20. PLANNING AND ZONING COMMISSION MINUTES - 7/27/98 AND 8/10/98
PARKS AND RECREATION ADVISORY BOARD MINUTES -7/13/98
There was no action taken on this item.
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CITIZEN COMMENTS:
21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Ms. Linda Newton, 6107 Lansford Lane, spoke regarding the council's "performance" during
the Council meeting.
ACTION/RESOLUTION:
22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL
AGENDA ACTION FOR THE MEETING OF AUGUST 18,1998 - Reading and
Public Hearing - Resolution R-98-1397
This Resolution was not needed.
ADJOURNMENT:
23. ADJOURNMENT
There being no further business before the City Council, Councilman Carroll moved to
adjourn.
Mayor Pro Tem Arp seconded the motion.
Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp
Nays: None
Mayor Newton declared the meeting adjourned at 10:50 p.m.
APPROVED THIS J ~ DAY OF 3~f/tmbU"
AYES, () NAYS, AND () ABSTE IONS.
,1998, BY A VOTE OF 5'
Minutes taken and;::J=
J Harris, TRMC, CMC
City Secretary
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