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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. .- 1 CITY COUNCIL MINUTES AUGUST 18, 1998 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 ~- 2 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 3 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 4 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 5 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 6 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 7 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 8 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 9 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 10 CITY COUNCIL MINUTES AUGUST 18, 1998 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. 11 CITY COUNCIL MINUTES AUGUST 18, 1998 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 ,~' 12