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Home My WebLink AboutCity Council-Minutes-12/1/1998 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING DECEMBER 1,1998 The regular meeting of the Colleyville City Council was called to order by Mayor Richard Newton on December 1, 1998, at 6:45 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, Public Services Director Jim Foster, Community Development Manager Barry LeBaron, Economic Development Manager Mike Soab, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Police Chief John Young, Fire Chief Mike Johnston, 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. 551.072- Sec. 551.072 - Sec. 551.074 - Legal - Elder Construction Law Suit Property Acquisition - Pleasant Run Road Property Acquisition - Colleyville Boulevard 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 explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:47p.m., and reconvened at 7:35 p.m. ~ CITY COUNCIL MINUTES DECEMBER 1, 1998 The invocation was given by Councilman Frank Carroll, 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 Mayor Newton introduced a government class from L. D. Bell High School. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-98-1439 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 17, 1998 Mayor Newton opened the public hearing and read Resolution R-98-1439 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Resolution R-98-1439. Mayor Pro Tem Arp seconded the motion. Ayes: Council persons 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 0-98-1127 - Establishing rules and regulations governing the use of City public rights-of-way by providers of telecommunications services Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1127. 2 CITY COUNCIL MINUTES DECEMBER 1, 1998 Mr. Clarence West, Attorney at Law, consultant in efforts to create this ordinance, was present to address the Council. He gave a brief overview of the background of the proposed ordinance Discussion ensued regarding the proposed charges, reflection of the fees on phone bills, description of the services, the collectibilityclause (Section 11) ofthe proposed Ordinance, upcoming legislation, what other cities have adopted, and the importance of multiple fee tiers. Mr. Bob Burton, Southwestern Bell, Dallas, was present to answer questions of the Council. He spoke regarding the t-span lines and the related fees. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. It was the consensus of the Council to have the proposed Ordinance amended to reflect a three-tier fee system with two rates prior to second reading. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1128 - Amending Ordinance 0-98-1118, Southwestern Bell Telephone Franchise Agreement Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1128. Mr. Bob Burton, Southwestern Bell, Dallas, was present to answer questions of the Council. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Discussion ensued regarding the collection of fees. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1129 - Amending the Park Land Dedication Ordinance Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1129. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 3 CITY COUNCIL MINUTES DECEMBER 1, 1998 Discussion ensued regarding properties that have not been dedicated, problems with the different ordinances, following the Southlake ordinance, no credit being given for dedications of land in PUD-R's that are dedicated to the public and no credit given against dedications that are required under this ordinance, legal issues, clarification of wording, clear definitions regarding impact of the ordinances, and fairness of the ordinances. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1130 - Creating the City of Colleyville Tree Board and Community Tree Ordinance Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1130. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1131 - Amending Ordinance 0-98-1124, designating a certain area as Tax Increment Financing Reinvestment Zone Number One, establishing a Board of Directors for such reinvestment zone, and other matters relating thereto, revising the entire content, providing that this ordinance is cumulative of all other ordinances; providing severability; providing for publication; and providing for an effective date Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1131. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-98-1132 - Approving a project plan and reinvestment zone financing plan for Tax Increment Financing Reinvestment Zone Number One, City of Co II eyvill e, Texas, making a finding regarding feasibility; and providing for an effective date Mayor Newton opened the public hearing and read the caption of Ordinance 0-98-1132. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. 4 CITY COUNCIL MINUTES DECEMBER 1, 1998 10. READING AND PUBLIC HEARING - Resolution R-98-1441 - Awarding a contract for the installation of a 16-inch water line from the Overland Trail Pump Station to the elevated storage tank at the McPherson Dairy Site Mayor Newton opened the public hearing and read Resolution R-98-1441 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Helling moved to approve Resolution R-98-1441. 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. 11. READING AND PUBLIC HEARING - Resolution R-98-1427 - Amending Resolution R-98-1373, adding Haltom City, Trophy Club, and Trophy Club Municipal Utility District to the joint hiring Interlocal Agreement for fire department personnel Mayor Newton opened the public hearing and read Resolution R-98-1427 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the public hearing. Councilman Tigue moved to approve Resolution R-98-1427. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None Mayor Newton declared the motion carried. 5 CITY COUNCIL MINUTES DECEMBER 1, 1998 12. READING AND PUBLIC HEARING - Resolution R-98-1442 - Approving the two- year budget of the Colleyville Crime Control and Prevention District as adopted by the Temporary Board of Directors Mayor Newton opened the public hearing and read Resolution R-98-1442 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 moving forward to build a police facility. Councilman Carroll moved to approve Resolution R-98-1442. 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-98-1443 - Approving and accepting the Order of Election and Election Agreement for the Colleyville Crime Control and Prevention District Mayor Newton opened the public hearing and read Resolution R-98-1443 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 assistance of the citizens in promoting the election and the use of the monies that will be collected as a result of the tax increase. Councilman Helling moved to approve Resolution R-98-1443. Councilman Carroll seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tem Arp Nays: None 6 CITY COUNCIL MINUTES DECEMBER 1, 1998 Mayor Newton declared the motion carried. TABLED ITEMS: 14. SECOND READING AND PUBLIC HEARING - Ordinance 0-98-1106 - Zoning change request from AG (agricultural) to PUD-R (planned unit development - residential), 53.265 acres out of the R. B. Williams Survey, Abstract 1674, Tracts 2B, 2F, 2 and Lot 1, of the Circle B Estates; and the D. J. Beddo Survey, Abstract 232, Tract 2G 2; owners: Guy S. Benedict, Gladys L. Benedict and Barbara McPherson; applicant: David Bagwell; southwest corner of John McCain Road and Westcoat Drive There was no motion to remove this item from the table. REPORTS: 15. PARKS AND RECREATION ADVISORY BOARD MINUTES -11/2198 There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 1,1998 - Reading and Public Hearing - Resolution R-98-1440 This Resolution was not needed. 7 CITY COUNCIL MINUTES DECEMBER 1, 1998 ADJOURNMENT: 18. ADJOURNMENT There betng no further business before the City Counctl, CouncHman Carroll moved to adjourn. Councilman Thibodeaux seconded the motion. Ayes: Councilpersons Helling, Carroll, Thibodeaux, Tigue, and Mayor Pro Tern Arp Nays: None Mayor Newton declared the meeting adjourned at 9:20 p.m. APPROVED THIS /sib DAY OF j)e.-t-tm-bt..r ,1998, BY A VOTE OF S- AYES, 0 NAYS, AND 0 ABSTENTIONS. Minutes taken anU:: Je Harris, TRMC, CMC City Secretary 8