HomeMy WebLinkAboutCity Council-Minutes-2/21/1995
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
FEBRUARY 21, 1995
The regular meeting of the Colleyville City Council was called to order by Mayor Cheryl
Feigel on February 21, 1995, at 6:45 p.m.
ROLL CALL:
Councilpersons Jim Moore, Manny Montes, Jack Martin, Don Butler,
and John Grace were present. Mayor Cheryl Feigel, City Manager
Bob Stripling, Assistant City Manager Jan Belcher, Administrative
Assistant Anne Born, City Engineer Scott Dyer, Director of
Community Development Doug Henderson, City Attorney Ross
Foster, and City Secretary Jean Harris were also present.
The invocation was given by Councilperson Jack Martin, after which Ross Foster led the
Pledge of Allegiance.
1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268,
Subchapter D
Sec. 551.071 -
Sec. 551.071 -
Potential Litigation - Longwood Street failure
Litigation - Powers Law Suit
Mayor Feigel explained that the Executive Session had been called in accordance with
Government Code Chapter 268, Subchapter D, Section 551.071 - Litigation. She further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:48 p.m., and resumed at 7:30 p.m.
REGULAR MEETING: 7:30 P.M.
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
There were no reports given.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
Mr. Ed McKnight introduced Michael Phillippi, Troop 509 and Casey Gallagher, Troop
700, Boy Scouts from the community working for Merit Badges toward their Eagle Scout
qualification.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-95-1088 - Consent Items:
a. Approval of minutes of the regular City Council meeting of February 7,1995
b. Approval of water well drilling permit at 4200 Allendale
c. Approval of request from Gerald Kirkland to authorize connection to
Colleyville water at 5412 Lowrie Road
d. Approval of professional engineering service contract with Teague Nail and
Perkins, Inc., Consulting Engineers for the design of Sanitary Sewer
Collection System Improvements - Project B, Phase I
e. Approval of ambulance purchase through the Houston-Galveston Area
Council Contract (H-GAC) in the amount of $104,297
f. Approval of contract with Freilich and Morgan for legal review of impact fee
ordinances in an amount not to exceed $5,000
g. Approval of the amended plat of S.C.H. Witten Estates Addition, Lot 1 R,
Block 1, requested by Charlie Hall, 5112 Pool Road
h. Approval of the amended plat Oak Crest Hills Addition, Lots 1 Rand 2R,
Block 7, requested by E. A. Bradley, Donna Bradley, Caren Handleman,
and Stephen Pew, 101 Oak Crest Hill
Mayor Feigel opened the Public Hearing and read Resolution R-95-1088 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
Councilperson Moore asked that Item f be withdrawn from the Consent Resolution and
considered separately.
Councilperson Moore moved to approve Resolution R-95-1 088, with the exception of Item
f.
Councilperson Montes seconded the motion.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
Item f
Councilperson Moore raised questions regarding the tasks of this firm.
City Manager Bob Stripling advised that the firm would be reviewing the proposed
ordinances to insure they are enforceable and would "hold up" in court in the event
someone sued the City.
Discussion ensued regarding the previous law suits and the original contract including this
legal review.
Councilperson Moore moved to approve Item f of Consent Resolution R-95-1088.
Councilperson Martin seconded the motion.
Ayes: Councilpersons Moore, Martin, Butler, and Grace
Nays: Councilperson Montes
Mayor Feigel declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-95-981 - Sale of
1995 General Obligation Bonds
Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-95-981.
Mr. Dennis J. Marlin, 4807 E. Cranbrook Drive, stated the Council should look into
negotiated sales.
There were no others wishing to speak concerning this item and Mayor Feigel closed the
Public Hearing.
City Manager Bob Stripling stated he recommends competitive bid sales and advised that
an analysis of the most recent process could be provided if the Council so directed.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-95-982 - Sale of
1995 Revenue Municipal Drainage Utility Bonds
Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-95-982.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-983 - Amending
Section 3 of Chapter 11 of the Colleyville Code, removing fee schedule for
garbage, trash, and recycling collection and disposal; and revising definitions
Mayor Feigel opened the Public Hearing and read Ordinance 0-95-983 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-984 - Granting a
Franchise for the collection and disposal of garbage, trash, and recycling materials
within the City of Colleyville and establishing the terms and conditions of said
Franchise
Mayor Feigel opened the Public Hearing and read Ordinance 0-95-984 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
8. READING AND PUBLIC HEARING - Resolution R-95-1091 - Setting forth
authorized City employees who may purchase investments from Comerica Bank
Mayor Feigel opened the Public Hearing and read Resolution R-95-1091 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
Councilperson Montes moved to approve Resolution R-95-1091.
Councilperson Grace seconded the motion.
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
9. READING AND PUBLIC HEARING - Resolution R-95-1 092 - Approving the giving
of notice of intent to issue Municipal Drainage Utility Revenue Bonds
Mayor Feigel opened the Public Hearing and read Resolution R-95-1092 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
Councilperson Montes moved to approve Resolution R-95-1092.
Councilperson Martin seconded the motion.
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-95-1094 - Waiver of perimeter
street improvement fees for Fair Haven Estates, Lots 1 and 2, Block 1, southwest
corner of Wyatt Drive and Reynolds, requested by Stacey Loftin and Brent Neff
Mayor Feigel opened the Public Hearing and read Resolution R-95-1094 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
Discussion ensued regarding the number of lots involved, condition of the streets in the
area, the abandoning of Wyatt Drive, what the revised Master Plan shows for these
streets, and emergency access to the proposed property.
Councilperson Butler moved to approve Resolution R-95-1094.
Councilperson Montes seconded the motion.
Ayes: Councilpersons Moore, Montes, Butler, and Grace
Nays: Councilperson Martin
Mayor Feigel declared the motion carried.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
TABLED ITEMS:
11. CONSIDERATION OF ORDINANCE 0-93-927 - Oakbrook Hills, Zoning Change
Request, AG to R20 and PUD-R, 25.223 acre tract out of the Robert B. Williams
Survey, Abstract 1674, Tract 2A3, 6700-6800 Block of Westcoat, east side,
requested by The David Bagwell Company for Patsy Jean Clark Riddle and L. J.
Riddle, 6700-6800 Block of Westcoat, east side
There was no motion to remove this item from the table.
12. CONSIDERATION OF ORDINANCE 0-94-979 - Special Use Permit for a day care
facility located in the most easterly 10,000 square feet area of building one of
Phase I and the attached 4,000 square feet play area, on Lot 1, Block 1,
Colleyville Shopping Village Addition, requested by Trey Hagar, Metrovest, Inc.,
6221 Colleyville Boulevard
There was no motion to remove this item from the table.
ACTION ITEMS:
13. DISCUSSION AND CONSIDERATION OF REQUEST FROM CRANBROOK
HOMEOWNERS ASSOCIATION TO INSTALL SIDEWALKS AND DRAINAGE
IMPROVEMENTS ON GLADE ROAD
Mr. Larry Stroik, 4809 Cranbrook Drive West, representing the Homeowner's Association,
spoke regarding the need for sidewalks and drainage improvements in Cranbrook,
funding, and timing.
Councilperson Montes moved to suspend the rules to allow the citizens to speak.
Councilperson Butler seconded the motion.
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
Mr. Dennis Marlin, 4807 E. Cranbrook Drive, spoke regarding a meeting held with the City
Manager, correspondence to the City Manager to which there was no response, safety
of the children, and preservation of trees.
There were no others wishing to speak concerning this item and Mayor Feigel closed the
Public Hearing.
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CITY COUNCIL MINUTES
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City Manager Bob Stripling stated his appreciation to the Homeowner's Association for
their work on this project. He advised that escrow funds available are not enough to build
the street, sidewalk, and the drainage facility needed. He also advised that there is a
priority list already in place.
Discussion ensued regarding a possible study to see how much the street improvements
would cost and building a street to specifications other than what are called for in the
Master Plan.
Mr. Matt Speight, 4805 Cranbrook Drive West, spoke regarding the use of the escrowed
funds paid by the Developer for the improvements of a portion of Glade Road (Simon
Cotrail Survey, Tracts 2A, 2A 1, and 2A2) not provided for in the City Manager's
Certification of Capital Improvement Fees.
It was the consensus of the Council to have the Homeowner's Association go to the
developer and request using the escrow funds for the portion of Glade Road they have
requested to have improved and to return to the Council with the Developer's decision.
14. DISCUSSION AND CONSIDERATION OF PROGRESS TOWARD THE
PURCHASE OF A NEW FIRE STATION SITE
Mayor Feigel called a point of order and stated this item did not meet with the Council's
Rules and Procedures in regard to providing back-up information to the Mayor and
Council prior to the meeting.
Councilperson Montes moved to overrule the Mayor's point of order.
Councilperson Moore seconded the motion.
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
Councilperson Montes directed the City Manager to update the citizens regarding the
purchase of a new fire station.
City Manager Bob Stripling gave a brief update of the progress on the proposed fire
station.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
15. DISCUSSION AND CONSIDERATION OF THE PROCEDURES LEADING TO
THE PURCHASE OF PLEASANT RUN PARK PROPERTY
Mayor Feigel called a point of order and stated this item did not meet with the Council's
Rules and Procedures in regard to providing back-up information to the Mayor and
Council prior to the meeting.
Councilperson Montes moved to overrule the Mayor's point of order.
Councilperson Moore seconded the motion.
Ayes: Councilpersons Moore, Montes, Butler, and Grace
Nays: Councilperson Martin
Mayor Feigel declared the motion carried.
Councilperson Montes presented information regarding the purchase of Pleasant Run
Park.
16. DISCUSSION AND CONSIDERATION OF POLICE DEPARTMENT STAFFING
Mayor Feigel called a point of order and stated this item did not meet with the Council's
Rules and Procedures in regard to providing back-up information to the Mayor and
Council prior to the meeting.
Councilperson Montes moved to overrule the Mayor's point of order.
Councilperson Moore seconded the motion
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
Councilperson Montes presented information regarding giVing raises based on
performance to Police Officers and regarding the number of police officers needed by the
City.
17. DISCUSSION AND CONSIDERATION OF APPROVAL OF PROPOSED
SETTLEMENT AGREEMENT WITH ELLIS AND MONETTE POWERS
Councilperson Martin moved to approve the proposed settlement agreement with Ellis
and Monette Powers.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
Councilperson Montes seconded the motion.
Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the motion carried.
18. DISCUSSION AND CONSIDERATION OF PROCEDURES FOR COUNCIL
APPOINTMENTS TO COMMITTEES, COMMISSIONS, AND TASK FORCES
Mayor Feigel advised that she had asked to have this item put on the Agenda and
reviewed Resolution R-90-612 regarding appointments to committees, commissions, and
task forces.
19. DISCUSSION AND CONSIDERATION OF OVERRIDING THE MAYOR'S VETO
OF ORDINANCE 0-94-962
Councilperson Grace spoke regarding the rezoning approved by the Council on February
7, 1995, stating that this is a favorable situation and that he sees no better alternative for
~ the property in question.
Councilperson Montes read a letter, dated February 15, 1995, he had written to the
Mayor, regarding her veto of Ordinance 0-94-962.
Councilperson Montes moved to override the Mayor's veto.
Council person Butler seconded the motion.
Council person Butler stated he would rather see retail in that area than industrial.
Councilperson Moore stated Highway 26 is the City's commercial corridor and feels it
should remain that way.
Councilperson Martin stated he accepts the property not being totally commercial and that
he feels this issue should go back to P & Z for their review.
Ms. Luann Edwards, Chair of the Planning and Zoning Commission, stated her opposition
to the proposed plan. She advised that if the Council sends the proposal back to the
Planning and Zoning Commission, she would see that it is handled promptly.
Mr. John Cole was present to answer questions of the Council and stated he has no
objections to the case going back to the Planning and Zoning Commission for their
review.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
The vote on the motion to override the Mayor's veto of Ordinance 0-94-962 was as
follows:
Ayes: Councilpersons Montes, Butler, and Grace
Nays: Councilpersons Moore and Martin
Mayor Feigel declared the motion failed.
Councilperson Grace requested the Council to direct the Planning and Zoning
Commission to reconsider this case.
Discussion ensued regarding the notification process, timing, and possibly holding a joint
meeting between the Planning and Zoning Commission and the City Council.
STAFF REPORTS:
20. MONTHLY FINANCIAL REPORT
There was no action taken on this item.
-- REPORTS:
21. PLANNING AND ZONING COMMISSION MINUTES - 2/13/95
TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - 2/13/95
PARKS AND RECREATION ADVISORY BOARD MINUTES - 2/6/95
ZONING BOARD OF ADJUSTMENT MINUTES - 2/14/95
There was no action taken on this item.
CITIZEN COMMENTS:
22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Councilperson Montes, speaking as a citizen, 3608 Cotswold Court, stated his concern
for the Mayor's attempt to censor him regarding Agenda Items 14, 15, and 16.
Mr. George Hall, 1865 Renfro, spoke regarding water problems and the need to have a
manhole leveled in front of his home. He brought rocks and dirt from his street and drive
and presented them to the Council.
Ms. Dee Barker, 2200 Oak Knoll Drive, advised that her neighbors had filled in the
drainage ditch and stated that she had requested several times to have the bar ditch in
front of her home cleaned out.
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CITY COUNCIL MINUTES
FEBRUARY 21, 1995
ACTION/RESOLUTION:
23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 21, 1995 -
Reading and Public Hearing - Resolution R-95-1089
Mayor Feigel opened the Public Hearing and read Resolution R-95-1089 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Feigel closed
the Public Hearing.
Councilperson Moore moved to approve Resolution R-95-1089, approving the contract
with Freilich and Morgan for legal review of impact fee ordinances in an amount not to
exceed $5,000.
Councilperson Grace seconded the motion.
Ayes: Councilpersons Moore, Martin, Butler, and Grace
Nays: Councilperson Montes
Mayor Feigel declared the motion carried.
ADJOURNMENT:
24. ADJOURNMENT
There being no further business before the City Council, Councilperson Moore moved to
adjourn.
Councilperson Montes seconded the motion.
Ayes: Council persons Moore, Montes, Martin, Butler, and Grace
Nays: None
Mayor Feigel declared the meeting adjourned at 10:20 p.m.
APPROVED THIS 71:L DAY OF Mo..rUt.
AYES, () NAYS, AND () ABSTENTIONS.
I 1995, BY A VOTE OF t./
Minutes taken and prepared by:
;J~
Je n Harris, CMC
City Secretary
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