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Home My WebLink AboutCity Council-Minutes-6/7/1994 MINUTES OF THE COLLEYVlLLE CITY COUNCIL MEETING JUNE 7,1994 The regular meeting of the City Council of Colleyville was called to order by Mayor Cheryl Feigel on June 7, 1994, at 6:50 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, Steve McKain, Don Butler, and John Grace were present. Mayor Cheryl Feigel, City Manager Bob Stripling, Assistant City Manager Jan Belcher, City Engineer Scott Dyer, Director of Community Development Doug Henderson, City Attorney Ross Foster, City Secretary Jean Harris, and Councilperson Elect Jack Martin were also present. Mayor Cheryl Feigel gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. READING AND PUBLIC HEARING - Resolution R-94-1017 - Canvass of Special Run-Off Election held June 4, 1994 Mayor Feigel opened the Public Hearing and read Resolution R-94-1017 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-94-1017. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 2. OATH OF OFFICE - Council member Place 3 The Oath of Office for incoming Councilperson Jack Martin was administered by Mayor Cheryl Feigel. Mayor Feigel presented plaques to outgoing Councilpersons Ed McKnight and Steve McKain and expressed her gratitude for their service and dedication to the City of Colleyville. Mayor Feigel announced that former Mayor Richard W. Newton had called and stated his desire to be at the meeting, and asked Mayor Feigel to also express his thanks and appreciation for Councilpersons McKnight and McKain's service and dedication. Ms. Linda Ahlers, former Councilperson, was present and made presentations to Mr. McKnight and Mr. McKain and expressed her gratitude for their service as well. -1- CITY COUNCIL MINUTES JUNE 7, 1994 3. RECEPTION FOR OUTGOINGnNCOMING COUNCILMEMBERS The Council recessed for a reception for incoming Councilperson Jack Martin and outgoing Councilpersons Ed McKnight and Steve McKain. Mayor Feigel reconvened the meeting at 7:15 p.m. 4. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D 551.071 - Legal - Elder Law Suit 551.071 - Legal - Pat Cox, et al Law Suit 551.071 - Legal - Potential Litigation - Sewer Extension to 7215 John McCain Road 551.074 - Personnel - Appointment of Mayor Pro Tem Mayor Feigel explained that the Executive Session had been called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal, and Section 551-074 - Personnel. She further explained that there would be no decisions or action taken during this time. The meeting was recessed at 7:18, and reconvened at 7:35 p.m. Councilperson Butler moved to suspend the rules and move to Item #17 at this time. Councilperson Grace seconded the motion. ~ Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 17. DISCUSSION AND CONSIDERATION OF APPOINTMENT OF MAYOR PRO TEM Councilperson Grace moved to nominate Councilperson Jim Moore as Mayor Pro Tern. Councilperson Montes seconded the motion. There were no other nominations made. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. RESUME REGULAR MEETING: 7:30 P.M. 5. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilperson Grace announced that he had attended the 28th Annual General Assembly meeting of the North Central Texas Council of Governments at which the officers for 1994-95 were elected, a workshop presented by NCTCOG for Mayor and Councilmembers, and the Mayor's Council meeting of Tarrant County at which a memorandum was forwarded to all representatives of Tarrant County and our U.S. Representatives in Congress requesting that we no longer receive mandates from Washington without money. -2- CITY COUNCIL MINUTES JUNE 7,1994 Councilperson Montes announced that he, Mayor Feigel, and Alan Linford had attended the Gang Task Force presentation on June 2nd in Grapevine, and announced that the City of Colleyville will be having a meeting at the end of the Summer for the Gang Task Force to make the same presentation. Mayor Feigel announced that she had met with the Grapevine/Colleyville School Board and that discussion was held regarding the gang issue. She also announced that a KIDSVILLE workday was held on June 4. Mayor Feigel further announced that the Colleyville Garden Club would be opening the Butterfly Garden on Wednesday June 8, at KIDSVILLE. CONSENT: 6. READING AND PUBLIC HEARING - Resolution R-94-1012 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 17, 1994 b. Approval of minutes of the Special Called City Council meeting of May 13, 1994 c. Approval of bid award for street improvements to Reynolds Asphalt in the amount of $141,527.50 and Change Order No.1 for additional street improvements to Reynolds Asphalt in the amount of $39,970.40 d. Approval of Interlocal Agreement with North Richland Hills regarding the enforcement of laws on Precinct Line Road e. Approval of construction contract for Project A, Phase I of the 1993 Sanitary Sewer Improvements to Mid-State Utilities in the amount of $930,818.15 /-.... f. Approval of amended plat for Caldwell's Creek Addition, Case P-94-017A Mayor Feigel opened the Public Hearing and read Resolution R-94-1 012 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-94-1012. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. PUBLIC HEARINGS: 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-951- Authorizing the issuance of waterworks and sewer system Revenue Bonds in the amount of $2,860,000 for sewer extensions Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-951. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. -3- CITY COUNCIL MINUTES JUNE 7,1994 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-952 - Zoning change request, CN to R20, 19.05 acres out of the J. Riley Survey, Abstract 1356, Tract 2 and the B.B.B. and C.RR Survey, Abstract 228, a portion of Tract 1, Colleyville Oaks, southwest corner of Cheek Sparger and Brown Trail, requested by Terry Sisk for Educator Industries, Inc. Mayor Feigel opened the Public Hearing and read the caption of Ordinance 0-94-952. Mr. Larry Strelau, 3705 Oakbriar Lane, representing the Woodbriar Homeowners Association, spoke in favor of the proposed rezoning. There were no others wishing to speak concerning this item, and Mayor Feigel closed the Public Hearing. Mr. Terry Sisk, 6633 Grapevine Highway, Richland Hills, applicant, spoke regarding the entrance and exits on Greenbriar, a proposed homeowners association, and restrictive covenants. Discussion ensued among the Council regarding the brick walls, an exit on Brown Trail, a homeowners association, and restrictive covenants. 9. READING AND PUBLIC HEARING - Resolution R-94-1 018 - Directing the City Manager to prepare a line-item budget Mayor Feigel opened the Public Hearing and read Resolution R-94-1 018 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. ( Councilperson Montes requested the second 'Whereas" be removed and stated his reasons for requesting this item being a part of the Council Agenda as the citizens have a right to know on what every penny of their tax dollars is being spent as well as expediting the budgeting process. Councilperson Montes moved to approve Resolution R-94-1018. Councilperson Moore 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-94-1 014 - Combination Preliminary Plan and Final Plat, 5.798 acres out of the T. J. Poulson Survey, Abstract 1248, Tracts 2J4, a portion of Tracts 2J and 2J1, and the B.B.B. & C. RR. Survey, Abstract 228, Tracts 1 K, 1 E, 1 H, 1 E1, 1 H1, and 1 K1, requested by Greg Cole for Hi-Lo Auto Supply, L.P. Mayor Feigel opened the Public Hearing and read Resolution R-94-1 014 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued among the Council regarding velocity of drainage downstream, location of the wall in regard to the f1oodway, the Ordinance adopted through FEMA regarding drainage, and elevation of the area in question. -4- CITY COUNCIL MINUTES JUNE 7,1994 Councilperson Montes moved to approve Resolution R-94-1014. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-94-1015 - Authorizing the Steering Committee of Lone Star Gas Company Mid-Cities Distribution System Area Cities to retain legal counsel and rate consultants; authorizing the Steering Committee to intervene in related dockets before the Texas Railroad Commission; suspending the proposed tariff and schedule of rates of Lone Star Gas Company Mayor Feigel opened the Public Hearing and read Resolution R-94-1 015 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Discussion ensued among the Council regarding the impact this proposal will have on the City. Councilperson Butler moved to approve Resolution R-94-1015. Councilperson Grace seconded the motion. ~., Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-94-1016 - Approval of sidewalk construction projects Mayor Feigel opened the Public Hearing and read Resolution R-94-1016 in its entirety. There was no one present wishing to speak concerning this item and Mayor Feigel closed the Public Hearing. Ms. Gail Manion, 3003 Meadowview, Sidewalk Task Force Chair, reviewed the proposed projects and requested additional money be included in future budgets. Discussion ensued regarding Fox Glen sidewalks, the consistency of the enforcement of the City's Sidewalk Ordinance, and other areas needing sidewalks. Councilperson Montes moved to approve Resolution R-94-1016. Councilperson Martin seconded the motion. Discussion was further held regarding the total cost of the proposed recommendations being $72,310 when $30,000 is the amount budgeted. City Manager Bob Stripling explained that the $30, 000 figure will not be exceeded this fiscal year and that if the Council preferred a section could be added to the proposed Resolution indicating such. -5- CITY COUNCIL MINUTES JUNE 7,1994 Councilperson Moore moved to add a Section 2 to the proposed Resolution, indicating that no more than the budgeted $30,000 would be spent during the 1994 fiscal year. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. The vote on the original motion to approve Resolution was as follows: Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. TABLED ITEMS: 13. 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, Tract2A3, 6700- 6800 Block of Westcoat, east side, requested by The David Bagwell Company for Patsy Jean Clark Riddle and L. J. ~, Mr. David Bagwell was not available in the Council Chambers; therefore, there was no motion to remove this item from the table. ACTION ITEMS: 14. DISCUSSION AND CONSIDERATION OF WAIVER OF SEWER CONNECTION FEES FOR AT 7215 JOHN MCCAIN City Manager Bob Stripling recommended the Council confirm the City's obligation to construct this sewer line in accordance with a letter to Mr. Benton from former City Manager C. R. Ballenger dated April 25, 1984. Councilperson Moore moved to confirm the City's obligation. Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. Councilperson Grace moved to suspend the rules and move back to Item #13 and to remove this item from the table. Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. -6- CITY COUNCIL MINUTES JUNE 7,1994 Councilperson Grace withdrew his original motion and moved to table this item until the public input is reviewed. Councilperson Montes requested a time line of 30 days be included. Councilperson Grace amended the motion to included the 30 days. Councilperson Butler seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 16. DISCUSSION AND CONSIDERATION OF EVENTS SURROUNDING DRUG ARRESTS AT NINE ACRES Councilperson Montes read a statement regarding the issue of gangs at Nine Acres and commended City Manager Bob Stripling for writing a letter to Mr. Mike White advising him that arrests of security officers will be made in the future if interference is experienced by the Colleyville Police Department during their job performance. REPORTS 18. PLANNING AND ZONING COMMISSION MINUTES - May 23, 1994 PARK AND RECREATION ADVISORY BOARD MINUTES - May 2,1994 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Russ Kendzior, 3404 Huntington Drive, spoke regarding gangs and the City taking some action and a strong position. He recommended the City pro-act rather than react. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 7,1994 - Reading and Public Hearing - Resolution R-94- 1013 Mayor Feigel opened the Public Hearing and read Resolution R-94-1013 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-94-1 013, approving the extension of sewer service at no cost to 7215 John McCain Road at the request of Mr. Benton in accordance with a letter from C. R. Ballenger dated April 25, 1984. Councilperson Montes seconded the motion. -8- CITY COUNCIL MINUTES JUNE 7,1994 TABLED ITEMS: 13. 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. Mr. David Bagwell, Developer, was present to answer questions of the Council. He reviewed the zoning plan approved by the Planning and Zoning Commission, feedback on access issues, density, entry-way, lot size, and open space required by the City's Ordinance. Councilperson Montes proposed tabling this item with a commitment to resolve this issue within the next 30 days. Councilperson Moore moved to table this item. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. 15. DISCUSSION AND CONSIDERATION OF AMENDMENT TO OAK CREST HILLS AND RUSTIC OAKS CONSULTING ENGINEERING CONTRACT WITH ALBERT HALFF AND ASSOCIATES ~ City Manager Bob Stripling explained this is a bond project approved by the voters, stated easements are needed, and reviewed the proposed alternatives. He stated his recommendation is to approve Alternative #2. Mayor Feigel advised that this item is not a Public Hearing and the rules would need to be suspended prior to allowing the citizens to speak. Councilperson Montes moved to suspend the rules to allow the citizens to speak. Councilperson Grace seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. Mr. Tom Schlich, 5613 Oak Top, spoke representing the Homeowners of Rustic Oaks/Oaks Crest Hills, regarding grass versus concrete channels and recommended Alternative #1 be approved. Discussion ensued regarding the willingness of the citizens to be in favor of this proposal, attitudes of the citizens during the open forums, and Chelsea Creek setting a precedent. Councilperson Grace moved to amend the contract in the amount of $11 ,400, approving Alternate #1. Councilperson Montes seconded the motion. Discussion ensued regarding the trust of the citizens and the City and the guarantees of obtaining the easements. -7- CITY COUNCIL MINUTES JUNE 7, 1994 Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the motion carried. ADJOURNMENT: 21 . ADJOURNMENT There being no further business before the City Council, Councilperson Moore moved to adjourn. Councilperson Montes seconded the motion. Ayes: Councilpersons Moore, Montes, Martin, Butler, and Grace Nays: None Mayor Feigel declared the meeting adjourned at 9:20 p.m. APPROVED THIS ~/sj DAYOF (June. AND ~ ABSTENTIONS. ,1994, BY A VOTE OF ~AYES,~ NAYS, (' Minutes taken and ~ Je~ City Secretary -9-