HomeMy WebLinkAboutCity Council-Minutes-10/3/1995
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
OCTOBER 03,1995
The regular meeting of the Colleyville City Council was called to order by Mayor Ed Baker
on October 3, 1995, at 6:50 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, Assistant City Manager Jan Belcher, City
Engineer Jim Foster, Director of Community Development Doug
Henderson, 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 - Legal - American Title Company and Sandlin Properties, Inc., law
suit
Sec. 551.071 - Legal - Bettinger Addition law suit
Sec. 551.071 - Legal - Jack Dortch law suit
Sec. 551.072 - Property Acquisition - Capital Realty
Sec. 551.072 - Property Acquisition - Water Tower Site
Sec. 551.072 - Property Acquisition - Fire Station
Mayor Baker explained that the Executive Session had been called in accordance with
Government Code Chapter 268, Subchapter D, Section 551.071 - Legal and Section
551.072 - Property Acquisition. He further explained that there would be no action taken
or decisions made during this time. The meeting was recessed at 6:53 p.m., and
reconvened at 7:35 p.m.
RESUME REGULAR MEETING - 7:30 PM
The invocation was given by Councilman Don Butler, after which Ross Foster led the
Pledge of Allegiance.
CITY COUNCIL MINUTES
OCTOBER 3, 1995
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED
BY THE COUNCil AND CITY OFFICIALS, AND ANNOUNCEMENTS,
PROCLAMATIONS, OR PRESENTATIONS
Mayor Baker presented the Government Finance Officers Association Distinguished
Budget Presentation Award to Terry Leake, Finance Director, and commended the staff
for the work involved in achieving this award.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-95-1152 - Consent Items:
a. Approval of minutes of the regular City Council meeting of September 19,
1995
b. Approval of minutes of the Special Called City Council worksession of
September 20, 1995
c. Approval of rescheduling the regular City Council meeting of November 7,
1995,to November 8, 1995
d. Approval of contract award to Associated Records and Information Services
for Records Management Services in the amount of $5,200
e. Approval of Broker/Dealer Firms for Investment Purchases
f. Approval of bid award for employee uniform rental/cleaning to Aramark
Uniform Company in the amount of $4.00 per week per employee
g. Approval of authorizing the Mayor to sign the settlement agreement for Jack
and Carolyn Dortch law suit
h. Approval of lease for vehicle from Luke Honda at monthly rate of $312.54
i. Approval of declaration of Engineering Blue Print machine as surplus for the
purpose of selling
j. Approval of authorization of final payment to Rimrock Consulting in the
amount of $6,869.53 for work on impact fee study
k. Approval of Kwik Industries City-Developer Agreement
Mayor Baker opened the Public Hearing and read Resolution R-95-1152 in its entirety.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
Councilman Martin asked to remove Items g and h from the Consent Resolution to be
considered separately.
Councilman Martin moved to approve Resolution R-95-1152, with the exception of Items
g and h.
Councilman Monaghan seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
Item Q
City Attorney Ross Foster offered alternative wording for a portion of the proposed
agreement on page 1 as follows: ... the cultivated grass therein, provided it does not
change the drainage characteristics of the easement.
Discussion ensued regarding top soil in the drainage easement, wording changes, timing
,- of execution of the agreement, and options regarding the execution of the agreement.
Councilman Grace moved to authorize the Mayor to sign the agreement after approval
of all other parties.
Councilman Martin seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
Item h
City Manager Bob Stripling asked that this item be removed from the agenda.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
PUBLIC HEARINGS:
4. THIRD 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 read the caption of Ordinance 0-95-1004.
There was no one present wishing to speak concerning this item and Mayor Baker closed
the Public Hearing.
Discussion ensued regarding the alternate wording presented by the City Staff.
Councilman Grace moved to approve Ordinance 0-95-1004, with the alternate wording
as presented by the City Staff, defining how the decision will be made to exempt
properties that generate sales tax.
Councilman Butler seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
~ Nays: None
Mayor Baker declared the motion carried.
5. THIRD 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 read the caption of Ordinance 0-95-1003.
There was no one present wishing to speak concerning this item and Mayor Baker closed
the Public Hearing.
Councilman Grace moved to approve Ordinance 0-95-1003.
Councilman Helling seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
6. SECOND READING AND PUBLIC HEARING - 0-95-1005 - Zoning change
request by Kinder Care Learning Center, from CC (Community Commercial) to CC
with a Special Use Permit for a Children's Day Care Center and Kindergarten on
1.374 acres out of the Elizabeth Cox Survey, Abstract 352, WCJ Glade 94,
L TD/Kindercare Real Estate Corporation, east side of Heritage Avenue, north of
Glade Road
Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-95-1005.
There was no one present wishing to speak concerning this item and Mayor Baker closed
the Public Hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-95-1006 - Adopting the
Texas Municipal Retirement System's option of granting "restricted service credit"
Mayor Baker opened the Public Hearing and Ordinance 0-95-1006 was read in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Baker closed
the Public Hearing.
Discussion ensued regarding the length of time an employee would be required to work
prior to retirement, commitment on the employees part, the "partnership" between the
employee and the City, and a list of job titles of those employees affected.
8. READING AND PUBLIC HEARING - Resolution R-95-1154 -Approval of wording
for official ballot for the Special Joint Election for the purpose of amending the
City's Charter on November 7, 1995
Mayor Baker opened the Public Hearing and Resolution R-95-1154 was read in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Baker closed
the Public Hearing.
Councilman Helling moved to approve Resolution R-95-1154.
Councilman Monaghan seconded the motion.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
TABLED ITEMS:
9. CONSIDERATION OF ORDINANCE 0-93-927 - Amending the Zoning Ordinance
of the City of Colleyville, Texas, by amending the official zoning map and changing
the zoning of 25.223 acres out of the Robert B. Williams Survey, Abstract 1674,
Tract 2A3, in the City of Colleyville, Texas, from AG (Agricultural) District to PUD-R
(Planned Development - Residential) District; providing a penalty and authorizing
publication
Councilman Butler moved to removed this item from the table.
Councilman Monaghan seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
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. Harold Ledbetter, 6700 Pleasant Run Road, spoke regarding the proposed fence
between Mr. Bagwell's development and his property, asking that it be a functional fence,
such as brick or double wood, due to the horses that are kept. Stating that the horses
will kick the proposed wooden fence down or will attempt to eat it.
David Bagwell, 5500 Preston Road, Dallas, applicant, spoke regarding some changes to
the previous proposal.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
Discussion ensued regarding Mr. Ledbetter's request, the number of entrances, benefits
of this proposal over the last proposal, gated communities, width of entrance/exit, the
proposed 45" screening wall, evergreen screening, language regarding the screening
being in the front yard, open area, creation of the Homeowner's Association, and fence
restrictions.
Mr. Bob McCormick, 6802 Pleasant Run Road, spoke regarding the fencing, stating that
there are a lot of economical fencing that are not made of wood.
Councilman Butler moved to approve Ordinance 0-93-927, with the September, 1995,
Attachment #2, and with the changes stated by Councilman Monaghan as follows:
Section 1 H, fourth line should read . . . Westcoat open space with an evergreen screen
behind side and rear yards and otherwise as the developer elects; and as stated by
Councilman Helling as follows: Section 1 Q, include lots 5 and 9.
Councilman Martin seconded the motion.
Discussion ensued regarding the proposed crash gate.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
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Mayor Baker declared the motion carried.
ACTION ITEMS:
10. DISCUSSION AND CONSIDERATION OF CONSTRUCTION CONTRACT WITH
Z AND S CONSTRUCTION FOR THE PROJECT "A" WASTEWATER
COLLECTION SYSTEM, PHASE II IN THE AMOUNT OF $477,574.00
Discussion ensued regarding the spread of the dollar amount in the bids received.
Councilman Grace moved to approve the low bid of Z and S Construction for the Project
"A" Wastewater Collection System, Phase II, in the amount of $477,574.00
Councilman Martin seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
11. DISCUSSION AND CONSIDERATION OF AUTHORIZING A FEASIBILITY STUDY
FOR A JOINT LIBRARY FACILITY WITH THE CITIES OF GRAPEVINE AND
SOUTH LAKE
City Manager Bob Stripling advised that he has discussed with the City Manager's of the
other cities the possibility of a joint library and that he recommends approval of the
feasibility study with funding coming from the voluntary library fund in the amount of
$3,000 - $3,500.
Councilman Grace moved to approve the funding of the feasibility study in the amount
of $3,000 - $3,500.
Councilman Butler seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the motion carried.
12. DISCUSSION AND CONSIDERATION OF PROPOSED CHANGES IN THE
COLLEYVILLE DEVELOPMENT REVIEW PROCESS
City Manager reviewed the proposed changes and advised that no action was necessary
if the Council did not have questions or disagree with the proposed process.
There was no action taken.
REPORTS:
13. PLANNING AND ZONING COMMISSION MINUTES -9/25/95
SIGN BOARD OF APPEALS MINUTES - 9/18/95
ENVIRONMENTAL BOARD MINUTES - 9/14/95
There was no action taken on this item.
CITIZEN COMMENTS:
14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
ACTION/RESOLUTION:
15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL
AGENDA ACTION FOR THE MEETING OF OCTOBER 3, 1995 - Reading and
Public Hearing - Resolution R-95-1153
Mayor Baker opened the Public Hearing and read Resolution R-95-1153 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Baker closed
the Public Hearing.
Councilman Helling moved to approve Resolution R-95-1153, approving the authorization
of the Mayor to sign the Dortch settlement agreement providing the other parties to the
agreement have executed it as modified by the Council; approving the construction
contract for Phase II, Project "A" of the 1993 Sanitary Sewer Improvement be awarded
to Z and S Construction in the amount of $477,574 contingent on the release of funds
from the Water Development Board; and approving the authorization of a feasibility study
for a joint library as proposed by staff.
Councilman Grace seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
- Nays: None
Mayor Baker declared the motion carried.
ADJOURNMENT:
16. ADJOURNMENT
There being no further business before the City Council, Councilman Martin moved to
adjourn.
Councilman Butler seconded the motion.
Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace
Nays: None
Mayor Baker declared the meeting adjourned at 9:05 p.m.
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CITY COUNCIL MINUTES
OCTOBER 3, 1995
APPROVED THIS 171J. DAY OF OeJ-obLr
AYES, 0 NAYS, AND 0 ABSTENTIONS.
, 1995, BY A VOTE OF 5"
Minutes taken and prepared by:
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Jean Harris, CMC
City Secretary
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