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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. -1- 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. -2- 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. -3- 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. -4- 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. -5- 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. -6- CITY COUNCIL MINUTES FEBRUARY 21, 1995 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. -7- 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. -8- 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. -9- 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. -10- 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 -11-