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HomeMy WebLinkAboutCity Council-Minutes-9/5/1995 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING SEPTEMBER 6, 1996 The City Council interviewed Planning and Zoning Commission applicants at 5:30 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Ed Baker on September 5, 1995, at 7:05 p.m. ROLL CALL: Councilpersons Steven Helling, Dennis Monaghan, Jack Martin, Don Butler, and John Grace were present. Mayor Ed Baker, City Manager Bob Stripling, Administrative Assistant Anne Born, City Engineer Jim Foster, Engineer Keith Fisher, Director of Community Development Doug Henderson, City Attorney Ross Foster, and City Secretary Jean Harris were also present. The invocation was given by Mayor Ed Baker, after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.071 - Legal - Bettinger Addition law suit Sec. 551.071 - Legal - American Title Company and Sandlin Properties, Inc., law suit Sec. 551.071 - Legal - Northeast Properties Sewer Tie-on Fees Sec. 551.072 - Property Acquisition - Fire Station Sec. 551.072 - Property Acquisition - Realty Capital Corporation Sec. 551.072 - Property Acquisition - Water Tower Site Mayor Baker explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Sec. 551.071 - Legal and Sec. 551.072- Property Acquisition. He further explained that there would be no action taken or decisions made during this time. The meeting recessed at 7:08 p.m., and resumed at 7:40 p.m. r -1- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 RESUME REGULAR MEETING - 7:30 PM 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGSATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Baker presented the Colleyville Days Proclamation to Tanya Copple, Chair of the Colleyville Days Committee. Mayor Baker presented the PT A Membership Enrollment Month Proclamation to Linda Tinkham, Debbie Minea, and Jan Ostman, representing the Grapevine/Colleyville Independent School District PTA. Mayor Baker presented Certificates of Appreciation to the members of the Charter Review Committee that were present, Rick Balthrop, Chair, Cliff Holiday, Cliff Carr, Tom Hart, Jim Moore, Judy Atwood, and Steve Lebo. Committee members unable to attend were Richard Newton, Joe Spurlock, and Danny Walker. Mayor Baker expressed his appreciation for the time spent and the recommendations made by the Committee. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-95-1144 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 15, 1995 b. Approval of minutes of the Special Called City Council meeting of August 22, 1995 c. Approval of Interlocal Agreement with the Cities of Grapevine and Southlake and the Independent School Districts of Carroll and Grapevine/Colleyville for participation in Teen Court d. Approval of Construction Contract for Chelsea Creek French Drainage Project to Virgil Rhodes Construction Company in the amount of $19,390 e. Approval of Change Order to the Construction Contract for the Oaks and Briarwood Subdivisions Paving and Storm Drainage Improvement Projects in the amount of $17,342.71 f. Approval of Bid Award for sidewalk construction to M. A. Vinson Construction Company in the amount of $25,200.00 g. Approval of Bid Award for a used rubber tired front end loader to Darr Equipment Company in the amount of $48,500 h. Approval of amending the City Manager's Contract -2- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 i. Approval of an Interlocal Agreement with the City of Fort Worth for the City's Household Hazardous Waste Event in an amount not to exceed $16,425 Mayor Baker opened the Public Hearing and read Resolution R-95-1144 in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace requested Items a, d, e, and h be removed from the Consent Resolution to be considered separately. Councilman Martin moved to approve Items b, c, f, g, and i of Resolution R-95-1144. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Item a - Councilman Grace requested the Minutes of August 15, 1995, Item #4 be changed to show the proposed property on the west side of Pool Road rather than the east. Item d - Councilman Grace requested information regarding the problem that is proposed for correction. Mr. Jim Foster explained the need for weepholes on the top of the box culvert. Item e - Councilman Grace requested information regarding this oversight made by the Engineering Firm during the original bidding process. Mr. Jim Foster explained the oversight in the quantities bid. City Manager Bob Stripling explained that the project would have cost the same either way. Discussion ensued regarding liabilities (Errors and Omissions Insurance), unit price, and damages. Councilman Grace requested staff review and report back to the Council for action at the next regular Council meeting on September 19, 1995. Item h - Councilman Grace requested this item be remove from Agenda pending the City Manager's Evaluation. -3- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-996 - Approving and adopting the annual budget for the City of Colleyville for the Fiscal Year beginning October 1, 1995, through September 30, 1996 Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-996. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Ordinance 0-95-996. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-997 - Levying taxes for the operation of the Municipal Government of the City of Colleyville, Texas for the 1995-96 Fiscal Year; establishing the Ad Valorem Tax Rate of thirty four and seventy four hundreds cents ($.3474) per one hundred dollars property assessment; providing for apportionment of taxes for Interest and Sinking Fund for certain bond indebtedness and for general operating needs Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-997. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Ordinance 0-95-997. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. -4- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-998 - Amending Flood Damage Prevention Ordinance 0-95-990 Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-998. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Butler moved to approve Ordinance 0-95-998. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 7. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-999 - Modifying Ordinance 0-94-957 and amending Utility Fund Transfer Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-999. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Monaghan moved to approve Ordinance 0-95-999. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Butler, and Grace Nays: Councilman Martin Mayor Baker declared the motion carried. 8. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-1000 - Amending Ordinance 0-92-880 setting fees and charges for City Services Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-1000. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. -5- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 Councilman Butler moved to approve Ordinance 0-95-1000. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 9. THIRD READING AND PUBLIC HEARING - Ordinance 0-95-1001 - Zoning change request, from AG (Agricultural) to CC (Community Commercial), 2.0 acres out of the Joseph M. Looney Survey, Abstract 936, Tract 1A, First Baptist Church of Colleyville/Baylor Health Care System, west side of Colleyville Boulevard, south of Church Street Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-1001. Mr. Mark Hood, 6504 Beddo Court, representing Baylor Medical Center, spoke in favor of the proposal. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Helling moved to approve Ordinance 0-95-1001. Councilman Martin seconded the motion. Councilman Monaghan spoke regarding the birth of his son at Baylor and welcomed them to the community. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-95-1002 - Zoning change request from AG (Agricultural) to R20 (Single Family Residential, minimum lot size 20,000 s.f.), .8463 acres out of the S.C.H. Witten Survey, Abstract 1619, Tracts 1 B1 Band 1 B2, Richard Cochran, west side of Montclair, across from Ruth Road Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-1002. -6- CITY COUNCIL MINUTES SEPTEMBER 5,1995 There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-1004 - Amending Section 11 of Chapter 9 of the Colleyville Code by deleting Section 11 and adding a new Section 11 to read as follows: Section 11 - Water, Wastewater, and Roadway Impact Fee Ordinance Mayor Baker opened the Public Hearing and Ordinance 0-95-1004 was read in its entirety . There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-1003 - An Ordinance calling a Special Joint Election with Tarrant County for the purpose of amending the Constitution and the City's Charter Mayor Baker opened the Public Hearing and Ordinance 0-95-1003 was read in its entirety . Ms. Dee Barker, 2200 Oak Knoll Drive, spoke regarding the proposed amendments to the City's Charter. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 13. READING ANt) PU~Llc HEA!:tING - Resolution R-95-1147 - Final Plat, Lot 1, Block 2, Lots 1 ahd 2, Block 3, and Lot 1, Block 4, Elementary School Addition No. 1, 11.196 acres, being a portion of Lot 1, Block 1, Joan Rice Addition and a replat of a portion of Lot 1, BlOCk 1, Kimzey AddiHon, and a portion of a tract of land as recorded in Volume 11572, Page 1913 in the Robert Chowning Survey, Abstract 294, Grapevine/Colj~yvll1e Independent schOOl District, west side of Pool Road, south of Twelve Oak~ L~he Mayor Baker opened the Put:>lic P1earihg ahd R~solution R-95-1147 was read in its entirety . There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. -7- CITY COUNCIL MINUTES SEPTEMBER 5,1995 Councilman Grace moved to approve Resolution R-95-1147. Councilman Butler seconded the motion. Mayor Baker declared the motion carried. ACTION ITEMS: 14. DISCUSSION AND CONSIDERATION OF APPROVING THE CONSTRUCTION CONTRACT FOR CHELSEA PARK PAVING, WATER LINE, AND STORM DRAINAGE IMPROVEMENT PROJECT Councilman Helling moved to suspend the rules to allow the citizens to speak. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Mr. Jerome Davis, 1704 Avalon, spoke regarding the construction of the streets in Chelsea Park, the cost of the project, and completed projects done that were approved in the 1991 Bond Election. Mr. Tom Hart, 1717 Avondale, spoke regarding the cost comparisons relating to this project. Ms. Vera Carr, 5312 Coventry Court, spoke regarding the flooding problems and stated concrete streets are preferred due to fewer repairs and safety factors. Discussion ensued regarding drainage, detention ponds, and a study session to discuss this issue as soon as possible. 16. DISCUSSION AND CONSIDERATION OF A REQUEST FROM SANDLIN PROPERTIES, INC., TO RELEASE FUNDS TO THEM THAT ARE HELD IN ESCROW FOR PARK LAND DEDICATION FEES FOR THE BRIDLEWOOD SUBDIVISION Mr. Bill Kuhlman, representing Sandlin Properties, Inc., reviewed the case and requested the City release these funds to the Sandlin's. -8- CITY COUNCIL MINUTES SEPTEMBER 5,1995 Discussion ensued regarding the dedications of property, the relationship between the Sandlin's and the Herman Smith Entity, deed to the property, the property being a part of a law suit settlement, and the settlement agreement being written or oral. 16. DISCUSSION AND CONSIDERATION OF PAYMENT TO COLLEYVILLE AREA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES Ms. Donna Arp, 7207 Monticello Parkway, representing the Chamber of Commerce, spoke regarding the contract for Economic Development Services and requested the Council approve the final payment. Councilman Butler moved to approve the final payment in the amount of $8,570. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 17. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO TEEN COURT BOARD Councilman Grace nominated Travis Atwood to the Teen Court Board. Councilman Monaghan nominated Karen Vering to the Teen Court Board. There were no other nominations made. Atwood - Councilpersons Helling, Monaghan, Martin, Butler, and Grace Mayor Baker declared Travis Atwood appointed to the Teen Court Board. Councilman Grace nominated Karen Vering to the Teen Court Board. There were no other nominations made. Vering - Councilpersons Helling, Monaghan, Martin, Butler, and Grace Mayor Baker declared Karen Vering appointed to the Teen Court Board. -9- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 18. DISCUSSION AND CONSIDERATION OF APPOINTMENT TO THE PARKS AND RECREATION ADVISORY BOARD Councilman Monaghan nominated William Recker to the Parks and Recreation Advisory Board. There were no other nominations made. Recker - Councilpersons Helling, Monaghan, Martin, Butler, and Grace Mayor Baker declared William Recker appointed to the Parks and Recreation Advisory Board. 19. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION Councilman Grace nominated Greg Austin for Place #5 of the Planning and Zoning Commission. There were no other nominations made. Austin - Councilpersons Helling, Monaghan, Martin, Butler, and Grace Mayor Baker declared Greg Austin appointed to Place #5 of the Planning and Zoning Commission. Councilman Butler nominated Joseph T. "Jody" Short for Place #6 of the Planning and Zoning Commission. There were no other nominations made. Short - Councilpersons Helling, Monaghan, Martin, Butler, and Grace Mayor Baker declared Joseph T. "Jody" Short appointed to Place #6 of the Planning and Zoning Commission. Councilman Butler nominated Larry Chilcoat for Place #7 of the Planning and Zoning Commission. Councilman Martin nominated JoAnn Hutchins for Place #7 of the Planning and Zoning Commission. -10- CITY COUNCIL MINUTES SEPTEMBER 5, 1995 Councilman Helling nominated Tanya Copple for Place #7 of the Planning and Zoning Commission. There were no other nominations made. Chilcoat - Councilpersons Grace and Butler Hutchins - Councilman Martin Copple - Councilpersons Monaghan and Helling Mayor Baker advised that voting would begin again since there was no majority for any one nomination. Copple - Councilpersons Grace, Butler, Monaghan, and Helling Chilcoat - Councilman Martin Mayor Baker declared Tanya Copple appointed to Place #7 of the Planning and Zoning Commission. REPORTS: 20. PLANNING AND ZONING COMMISSION MINUTES - 8/28/96 There was no action taken on this item. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Moore, 1416 Glade Road, stated the citizens have a right to their City Hall and access to the water fountain and soft drink machine during the Council meetings. Mr. Alan Linford 3202 Wiltonwood Court, stated his appreciation for the completion of Heritage Road on schedule and commended the City Staff for the work on that roadway. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 6, 1996 - Reading and Public Hearing - Resolution R-95-1145 Mayor Baker opened the Public Hearing and read Resolution R-95-1145 in its entirety. -11- CITY COUNCIL MINUTES SEPTEMBER 5,1995 There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Resolution R-95-1145, approving the minutes ofthe August 15, 1995, City Council meeting as amended; approving the construction contract for Chelsea Creek French Drainage project to Virgil Rhodes Construction Company in the amount of $19,390; approving the appointments of Travis Atwood and Karen Vering to the Teen Court Advisory Board; approving the payment of the balance of $8,570 on the agreement with the Colleyville Area Chamber of Commerce; approving the appointment of William Recker to the Parks and Recreation Advisory Board; and approving the appointments of Greg Austin (Place 5), Joseph "Jody" Short (Place 6), and Tanya Copple (Place 7), to the Planning and Zoning Commission. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Martin moved to adjourn. Councilman Helling seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the meeting adjourned at 10:45 p.m. APPROVED THIS /9d AYES, 0 NAYS, AND DAY OF S~fem,6U' o ABST NTIONS. ,1995, BY A VOTE OF 4 ~ Minutes taken and prepared by: ~,;J~ City Secretary -12-