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HomeMy WebLinkAboutCity Council-Minutes-2/1/1988 CITY COUNC I L MINUTES FEBRUARY 1, 1988 ~~qg 11 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on February 1, 1988, at 7:35 p.m. Roll Call: Councilperson Doug Blemings, Chris Hawkins, Suzie Grundy, Charles Gore and Jack Burke were present. Mayor Buck Hubbard, City Manager Robert McDaniel, City Attorney Ross Foster, Lieutenant Rodney Cunningham, Director of Public Works Lloyd Wood, City's Engineering Consultant Gary Fisher, and City Secretary LaVada Johnson were also present. Invocation: Mayor ProTem Charles Gore gave the invocation after which City Attorney Ross Foster lead the Pledge of Allegiance to the flag. Approval of Minutes: January 18, 1988 Councilperson Burke moved to approve the minutes of January 18, 1988 as amended. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none Correspondence: Mayor Hubbard read hi s response to the City I S Manager's memo dated January 22, 1988 (see attached). City Manager's Report: City Manager McDaniel briefly discussed the City Manager' s Report dated February 1, 1988 (see attached). City Manager McDaniel noted that City employee J.R. Laney's son Randy had been killed in an industry accident. Citizens wishing to speak to the Council concerning items not on the agenda: 1. Sammie Bollings, 6712 Curtis Road, spoke in regard to an article in the Fort Worth Star Telegram. 2. Gary Humes, 1422 Plantation Drive, inquired to the status of the litigation concerning Terry Brown who is in violation of the zoning ordinance. OLD BUSINESS: 1. Discussion and Consideration of L.D. Lockett Sewer Line Extension - City Manager's Special Report Mayor ProTem Gore and Council person Burke requested that Mayor Hubbard step down as a conflict of interest existed. Mayor Hubbard stated that he would step down if the report referred to the property owned by hi s wife. City Manager McDani el presented hi s report "CITY MANAGER's DETAI LED REPORT TO THE CITY COUNCI L - FEBRUARY 1, 1988" both in visual and printed form. (attached Letter of Explanation dated February 1, 1988, Table of Contents, Summary and Conclusion which was made available to the public at the close of the meeting). At times during the presentation Mayor Hubbard left his seat from the Council table but at no time did he declare any conflict of inter~ After the presentation by the City Manager, Mayor Hubbard returned to the Council table. CITY COUNC I L MINUTES FEBRUARY 1, 1988 Page 2 2. Discussion and Consideration of use of Police Computer - Councilperson Grundy Council person Grundy questioned the procedure followed in obtaining a driver1s license check and asked if the Criminal Background was included in the information furnished. Mayor ProTem Gore requested the Ci ty Manager i nqui re if the same access was used to obtain the driver1s license check and the criminal background from the Police computer. 3. Discussion and Consideration of Council Action Regarding Old Business Items 11 and 12 - Councilperson Burke Mayor Hubbard stepped down from the Council as this item was in regard to 413 W. L.D. Lockett Road. Mayor ProTem Gore moved that imediate authorization be given to the City Manager to engage outside legal counsel to prepare and file whatever action available to the City for both criminal prosecution of violation of City or State statutes and civil suit to gain redress for any losses the City may have suffered as a result of the events outl ined in the City Manager's Special Report. If additional actionable information is developed by the ongoing Peat Marwick Main audit, he further moved that such actionable information be included in the charges and civil suits which may result from this authorization and that the City Manager return a recomendation for outside legal counsel to the Council with a certification of available funds. (attached Mayor ProTem Gore's statement dated February 1, 1988) Councilperson Burke seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none Mayor Hubbard returned to the Council table. 4. 3rd Reading and Public Hearing - Ordinance 0-87-664 - Ordinance amending Section 9 of Chapter 9 of Colleyville Code by providing that the developer of subdivisions pay actual costs plus 10% for street signs Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-664 AN ORDINANCE AMENDING SECTION 9 OF CHAPTER 9 OF THE COLLEYVILLE CODE BY PROVIDING THAT THE DEVELOPER OF SUBDIVISIONS SHALL PAY THE ACTUAL COSTS PLUS 10% FOR THE INSTALLATION OF ALL STREET SIGNS. There being no one present wishing to speak the Public Hearing was closed. Councilperson Grundy moved to approve Ordinance 0-87-664. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 5. 3rd Reading and Public Hearing - Ordinance 0-87-668 - Ordinance amending Section 7 of the Colleyville Code by adding Section 16 - requiring engineers, surveyors, architects, and other professionals to have liability insurance - TABLED Mayor ProTem Gore requested that this item remain on the table until further research can be compl eted. Council person Burke presented a draft for the Counci 1 to consi der as an amendment. CITY COUNC I L MINUTES FEBRUARY 1, 1988 Page 3 6. Consideration and discussion and draft ordinance of sexually orientated businesses within the City Limits of Colleyville Council person Bl emi ngs requested that the ordi nance prepared by City Attorney Foster be placed on the February 15, 1988 agenda for a 1st Reading and Public Hearing as the Southlake ordinance was very detailed being more that Colleyville needed. 7. Discussion and Consideration of Proposed Budget Amendments to Fiscal Year 87/88 Annual Budget 8. Budget Report Mayor ProTem Gore suggested that items 7 and 8 of New Business be discussed at a work session after the special audit. 9. Discussion and Consideration of a Resolution Ratifying the Appointment of the firm of Peat Marwick Main Inc., to conduct special investigative Audit for the purposes of determining compliance with City Ordinances requiring legal exacting fees and charges due from developers, subdividers and building permittees - Reading and Public Hearing - Resolution R-88-349 Mayor Hubbard opened the Public Hearing and read Resolution R-88-349 in its entirety. A RESOLUTION RATIFYING THE APPOINTMENT OF PEAT MARWICK MAIN & COMPANY TO PERFORM SPECIAL INVESTIGATIVE AUDIT Those present wishing to speak were as follows: Laura Harden, 6609 Herbert, questioned if the Council violated the Charter by appointing the auditing firm before adopting this resolution. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Grundy moved to approve Resolution R-88-349. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 10. Discussion and Consideration of participating in the Traffic Study for the Proposed North Tarrant County Freeway Councilperson Hawkins stated that in his opinion the Council should make a contribution to insure a voi ce in the 1 ocati on of the proposed North Tarrant County Freeway and suggested $2,500. There was no general agreement by vari ous Council persons on thi s matter therefore Mayor ProTem Gore requested that this item be on the next agenda at which time the City Manager could present the Council with a certification of funds available for the study. Mayor ProTem Gore informed the Council that he would not be present at the next Council as he would be out of the United States on business. NEW BUSINESS: 1. Request to speak to the Council - Shirley Allgood, 1900 Tyler Street in regard to Planning and Zoning denial for Plat Approval of Shirley Allgood Subdivision Shirley Allgood, 1900 Tyler Street, spoke to Council in regard to the denial decision CITY COUNCIL MINUTES FEBRUARY 1, 1988 Page 4 of the Planning and Zoning Commission and requested that the Council consider hearing her case. City Manager McDaniel explained the background of this request and the reason the staff had recommended denial due to the size of water line in relationship to the amount of customers presently receiving service from said existing water line. Those present speaking were as follows: Frank Rawls, 4504 Bowman Drive and George Ha 11, 4403 Menzer Street, Fort Worth, Texas 76103-1817. The Counci 1 requested that the City Manager meet with Mrs. Allgood and Mr. Hall to determine if there is a solution to the existing problem. 2. Discussion and Consideration for Approval of Preliminary Plat - Pecan Park II Addition requested by David Washington, Case 1-87-660 - A.J. Caldwell Survey, Abstract No. 331, Tract IGl - located south of Tinker Road David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054, spoke to the Council requesting approval of the the preliminary plat for Pecan Park II Addition and pointed out, after inquiry by the Council, that there had been a change in the Master Plan Thoroughfare map due to the fact that the Pleasant Run Baptist Church was located at a proposed street extension. Councilperson Blemings moved to approve the preliminary plat for Pecan Park II Addition, Case Z-87-660. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 3. Discussion and Consideration of Appointing Presiding Chainnan in the absence of the Mayor and Mayor ProTem - Mayor ProTem Gore Mayor ProTem Gore stated that he woul d be out of the country during the February 15, 1988 Council meeting and that the Council might want to establish a procedure to select a Chairman for the meeting in the event the Mayor was not present or had stepped down for any reason during the meeting. Mayor Hubbard stated according to the Charter the correct procedure had been followed at the January 18, 1988 Council meeting. The Council had no problem with this procedure being followed when necessary. 4. Request to speak to the Council - Gary D. Sheffield, 1340 South Main, Grapevine, in regard to having a sales office for Arbor Estates Due to the late hour, Mr. Sheffield had requested that this item be discussed at the next Council meeting. 5. Request to speak to the Council - Joe Stratton, 200 John McCain Road in regard to salt on the roads Joe Stratton, 200 John McCain Road, spoke to the Council expressing his opposition to the City using salt on the streets within the City Limits of Colleyville during ice storms because of chemical damage to vehicles. Those present wishing to speak were as follows: Lila Coley, 401 Shelton stated that Council person Burke had also pointed out at the last meeting that salt damaged the asphalt pavements. 6. Request to speak to the Council - Laura Harden, 6609 Herbert in regard to a violation of the City Charter CITY COUNC I L MINUTES FEBRUARY 1, 1988 Page 5 Laura Harden, 6609 Herbert spoke to the Council in regard to a contract for the security system not being signed by the Mayor as required by the Charter. 7. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of February 1, 1988 - Reading and Public Hearing Resolution R-88-350 Mayor Hubbard opened the Public Hearing and read Resolution R-88-350 in its entirety. A RESOLUTION APPROVING COUNCIL ACTION AT THE REGULAR COUNCIL MEETING OF FEBRUARY 1, 1988 There being no one present wishing to speak the Public Hearing was closed. Counci 1 person Grundy moved to approve Reso 1 ut i on R-88- 350. Mayor Pro T em Gore seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 8. EXECUTIVE SESSION: In accordance with Article 6252-17 Sec 2 e - Discussion of litigation Mayor Hubbard explained that the executive session had been called in accordance with Article 6252-17 Sec 2 paragraph e - litigation and that there would no decisions or action taken during this time. The meeting was recessed at 11:20 p.m. The meeting was reconvened at 11:38 p.m. Councilperson Grundy moved to adjourn the meeting at 11:39 p.m. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none SUbQ;~ lvj ~ Approved on: '~ /s!/ftf (iJ{j)~ , ,