HomeMy WebLinkAboutCity Council-Minutes-8/2/1994
/~
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
AUGUST 2, 1994
The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem
Jim Moore on August 2, 1994, at 6:46 p.m.
ROLL CALL:
Council persons Manny Montes, Jack Martin, Don Butler, and John
Grace were present. Mayor Pro Tem Jim Moore, City Manager Bob
Stripling, Assistant City Manager Jan Belcher, City Engineer Scott
Dyer, Engineer Keith Fisher, Director of Community Development,
City Attorney Ross Foster, and City Secretary Jean Harris were also
present.
Mayor Cheryl Feigel was on vacation.
The invocation was given by Councilperson Manny Montes after which Ross Foster led
the Pledge of Allegiance.
1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268,
Subchapter D
551.071 - Legal - Pat Cox Law Suit
551.071 - Legal - Montclair Parc Landscaping - Potential
Litigation
551.072 - Property Acquisition - Hurst Annexation
Mayor Pro Tem Moore explained that the Executive Session had been called in
accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal.
He further explained that there would be no decisions or action taken during this time.
The meeting was recessed at 6:50 p.m., and reconvened at 7:30 p.m.
"-,
-1-
CITY COUNCIL MINUTES
AUGUST 2, 1994
RESUME REGULAR MEETING: 7:30 P.M.
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Councilperson Montes announced that the Northeast Tarrant County Gang Task Force
would be in Colleyville making a presentation and showing the movie "Face to Face" on
August 23, 1994. He encouraged all citizens to attend.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-94-1035 - Consent Items:
a. Approval of minutes of the regular City Council meeting of July 19, 1994
b. Approval of minutes of the City Council Worksession held on July 21, 1994
c.
Approval of bid award to Wright Construction Company in the amount of
$103,774.75 for water line improvements on Tinker Road and Bill Simmons
Road
/~
d. Approval of disposal of equipment not being used, by public auction
e. Approval and adoption of the 1994 Certified Tax Roll
f. Approval of testing services for Project "A" Wastewater Collection System
Improvements, Phase I, in the amount of $13,550
Mayor Pro Tem Moore opened the Public Hearing and read Resolution R-94-1035 in its
entirety.
There was no one present wishing to speak concerning this item, and Mayor Pro Tem
Moore closed the Public Hearing.
Councilperson Montes moved to approve Resolution R-94-1035.
Councilperson Grace seconded the motion.
-2-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-957 - Amending
Utility Fund Transfer Ordinance
Mayor Pro Tem Moore opened the Public Hearing and read the caption of Ordinance 0-
94-957.
There was no one present wishing to speak concerning this item and Mayor Pro Tem
Moore closed the Public Hearing.
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-94-958 - Curfew
Mayor Pro Tem Moore opened the Public Hearing and read the caption of Ordinance 0-
94-958.
Ms. Joann Hutchins, 5302 Fox Trail Lane, Ms.Carolyn Schiewe, 4000 Windview Drive,
and Mr. Charles Walton, 6320 Westcoat, spoke in favor of the proposed curfew ordinance.
There were no others wishing to speak concerning this item and Mayor Pro Tem Moore
closed the Public Hearing.
Councilperson Montes spoke congratulating the Cities of Euless, Hurst, and North
Richland Hills, for passing curfew ordinances, and stated his concerns and the necessity
for the City of Colleyville to pass such an ordinance.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-94-956 - Zoning Change
Request, AG to R40, three acres, Lot 2, Block 1, Tillman Acres, requested by
Randy Gregory Surveyor for James Vernon Shirley, Patricia A. (Shirley) Coffer and
Theron Reagan, Jr., southwest corner of Tillman Hill Road and John McCain Road
Mayor Pro Tem Moore opened the Public Hearing and read Ordinance 0-94-956 in its
entirety.
-3-
CITY COUNCIL MINUTES
AUGUST 2, 1994
There was no one present wishing to speak concerning this item and Mayor Pro Tem
Moore closed the Public Hearing.
7. READING AND PUBLIC HEARING - Resolution R-94-1031 - Approving
Community Center Design
Mayor Pro Tem Moore opened the Public Hearing and read Resolution R-94-1031 in its
entirety.
Ms. Marie Powell, 3316 Glade Road, and Ms. Dee Barker, 2200 Oak Knoll Drive, spoke
in opposition to the proposed Community Center design and estimated cost.
Ms. Barbara Brown, 813 John McCain Road, representing the Community Center
Advisory Committee, and Mr. Ed Havran, 303 Oakcrest Hill Drive, spoke in favor of the
proposed Community Center, and thanked the Committee for their hard work.
There were no others wishing to speak concerning this item and Mayor Pro Tem Moore
closed the Public Hearing.
Mr. Sam Austin, Komatsu Rangle Architects, spoke regarding the proposed design,
meeting rooms, outer appearance, and materials proposed for building. Mr. Austin also
thanked the Committee for their hard work and diligence.
Discussion ensued among the Council regarding square footage of the proposed
community center, dollars available, building an "add-on" building, operational costs,
funding sources, time frame, commitment of the City if the Resolution is passed,
obligation to build this particular design, the need for a community center, fiscal
responsibility of the Council, cutting costs, a fire station in the southern portion of the City
being a priority over the Community Center, building the fire station and the community
center at the same time, and staff time involved in the community center project.
Councilperson Butler moved to approve Resolution R-94-1031.
Councilperson Grace seconded the motion.
Councilperson Montes moved to amend the Resolution adding Section 4 - The
Community Center will not be built until the new Fire Station in the southern sector of the
City of Colleyville has been built, staffed, furnished and is operational.
-4-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Councilperson Martin seconded the motion.
The vote on the amendment was as follows:
Ayes: Council persons Montes, Martin, and Mayor Pro Tem Moore
Nays: Councilpersons Butler and Grace
Mayor Pro Tem Moore declared the motion carried.
Councilperson Montes moved to amend the Resolution adding Section 5 - There will be
no more work on the Community Center Project by staff or employees until the balance
is in the bank and ready to be expended.
Councilperson Martin seconded the motion.
Councilperson Montes withdrew his motion.
Councilperson Martin withdrew his second.
Council person Montes moved to amend the Resolution adding Section 5 - That no
member of the City Staff nor employee will spend any more time with the Community
Center Committee or otherwise until the additional $800,000 has been collected or in the
bank for the purpose of further development land and site prep, drainage, etc., etc., as
well as building the community center.
Councilperson Martin seconded the motion.
Discussion ensued regarding the $800,000 figure Councilperson Montes referenced in his
motion.
Councilperson Montes moved to amend the amendment changing the $800,000 figure
to $752,227.
Councilperson Martin seconded the amended motion.
Discussion ensued regarding the terms "etc., etc.," used as a portion of the motion.
Councilperson Montes rephrased the motion as ". . .Iand and site prep, drainage and all
other items as summarized in the City Manager's Community Center cost estimates of
July 27, 1994".
-5-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Discussion ensued among the Council regarding limiting time the staff will spend on this
project, other big projects that need staff time, and the existence of the Committee.
Councilpersons Montes and Martin withdrew the motion and second.
Councilperson Montes moved to amend the Resolution adding Section 5 - The City Staff
will spend no additional significant time on the Community Center Project without prior
authorization by the City Council.
Council person Martin seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
Councilperson Montes moved to amend the Resolution adding Section 6 - that the
Community Center will be self sufficient and all operational and maintenance costs will
be paid by all the user organizations and not by the Colleyville taxpayers.
Councilperson Martin seconded the motion.
Discussion ensued regarding how this could be accomplished, who will be using the
Center and raising private funds to be used for the completion of the proposed Center.
Councilperson Montes referenced a transcript from a Council meeting held in January,
1994, regarding the cost of operations of the proposed Community Center.
The Motion and second were withdrawn.
Councilperson Montes moved to amend the Resolution adding Section 6 - At the end of
one year from today, the Community Center funds have not been reached, the Council
will decide the location and the new size of the Community Center to prevent further
erosion and loss of taxpayer's funds.
The motion died for lack of a second.
Councilperson Martin moved to give the Committee 12 months from today to raise the
funds and at that time, if the funds are not raised, this Resolution is rescinded.
Councilperson Montes seconded the motion.
-6-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Discussion was held among the Council regarding what will happen at the end of one
year and the donation of materials rather than actual funds.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
The vote on the original motion as amended was as follows:
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
TABLED ITEMS:
8. 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
Councilperson Montes moved to remove this item from the table.
Councilperson Martin seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
Mr. David Bagwell, developer, requested direction from the Council regarding the
entrance(s) to the proposed addition.
Discussion ensued regarding the reasons for requiring two entrances/exits and eliminating
the right of way. It was the consensus of the Council to accept the proposed
entrance/exit design shown in "Concept A".
-7-
(
CITY COUNCIL MINUTES
AUGUST 2, 1994
Councilperson Montes moved to table this item.
Councilperson Martin seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
9. CONSIDERATION OF ORDINANCE 0-94-951 - Authorizing issuance of
waterworks and sewer system Revenue Bonds in the amount of $2,860,000 for
sewer extensions
City Manager Bob Stripling recommended removing this item from the table.
Councilperson Montes moved to remove this item from the table.
Councilperson Butler seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
Councilperson Montes moved to approve Ordinance 0-94-951.
Council person Butler seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
~..,
-8-
CITY COUNCIL MINUTES
AUGUST 2, 1994
10. CONSIDERATION OF ORDINANCE 0-94-954 - Approving Texas Utilities Electric
Company's proposed rate riders for Economic Development Service, General
Service Competitive Pricing, Wholesale Power Competitive Pricing, and
Environmental Technology Service
City Manager Bob Stripling recommended removing this item from the table.
Councilperson Montes moved to remove this item from the table.
Councilperson Martin seconded the motion.
Mayor Pro Tem Moore declared the motion carried.
Councilperson Montes moved to approve Ordinance 0-94-954.
Councilperson Butler seconded the motion.
City Manager Bob Stripling reviewed the request of T. U. Electric regarding the proposed
rates.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
11. CONSIDERATION OF SHRUBS AND TREES INSTALLED BY OR ON BEHALF
OF MONTCLAIR PARC - MR. RICHARD L. MUNSON
Council person Montes moved to remove this item from the table.
Councilperson Martin seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
-9-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Mr. Rich Munson, 1907 Hall Johnson Road, requested the plants be removed from the
perimeter of his property.
Discussion ensued regarding the removal of the plants, authorization given by the City
Manager, and the felony charge being dropped by the District Attorney.
Council person Montes moved to rescind the authorization given by the City Manager to
Montclair Parc Homeowner's Association to install the plants in the right of way around
Mr. Munson's property.
Councilperson Martin seconded the motion.
Discussion ensued among the Council regarding the intent of the motion. It was the
consensus of the Council not to stop the City Manager from making decisions, but to take
this one issue "back to ground zero", what Mr. Munson would approve to be planted, the
cost to the City for removal, whether or not the City should be involved in the solution of
the problem, direction of the City Manager if this motion is approved, and cooperation
between the Homeowner's Association and Mr. Munson.
Ayes: Councilpersons Montes, Martin, and Mayor Pro Tem Moore
Nays: Councilpersons Butler and Grace
Mayor Pro Tem Moore declared the motion carried.
ACTION ITEMS:
12. DISCUSSION AND CONSIDERATION OF REQUESTS TO WAIVE MANDATORY
SANITARY SEWER CONNECTION REQUIREMENTS FROM JOSH COLEMAN
AND ROY COOPER
City Manager reviewed the requests of Mr. Coleman and Mr. Cooper.
Mr. Josh Coleman, 7204 John McCain, requested a waiver to the mandatory sanitary
sewer connection requirements.
City Manager advised that, according to his calculations, Mr. Coleman is within the 300
foot requirement.
Discussion ensued regarding the time frame for building the line in front of Mr. Coleman's
home and how the 300 feet is measured.
-10-
CITY COUNCIL MINUTES
AUGUST 2, 1994
There was no action taken on this item.
13. DISCUSSION AND CONSIDERATION OF REQUEST BY BARBARA GORDON
MONTESSORI SCHOOL TO USE PUBLIC SERVICE CENTER PROPERTY AS
FIRE LANE
City Manager Bob Stripling reviewed the request, advised this is a temporary solution and
advised any future add-on/or new construction would require the school to create a fire
lane on the school property.
Discussion ensued regarding liability of the City and compliance of fire codes in the
present and proposed buildings.
Councilperson Butler moved to approve the request by Barbara Gordon Montessori
School to use the Public Service Center property as a fire lane.
Council person Montes seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
14. DISCUSSION AND CONSIDERATION OF STATUS OF NEW FIRE STATION
Councilperson Montes requested this update, stated land should be purchased right
away, and requested Mr. Grace give a report of his meeting with the Mayor of Bedford.
Councilperson Moore requested January, 1995, as deadline to have an agreement with
Bedford, and if not, the City of Colleyville move forward on their own to build a fire station
in the south sector of the City.
Councilperson Montes moved to authorize the City Manager to find a suitable piece of
land within the next 45 days upon which the Fire Station will be built.
Councilperson Moore seconded the motion.
~
-11-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Discussion ensued regarding the expense of the venture, an interlocal agreement with
Bedford, having staff get the process started, purchasing the land, and cooperating with
the City of Bedford.
Ayes: Council person Montes and Mayor Pro Tem Moore
Nays: Councilpersons Martin, Butler, and Grace
Mayor Pro Tem Moore declared the motion failed.
15. DISCUSSION AND CONSIDERATION OF STATUS OF TRAFFIC
IMPROVEMENTS TO FOX MEADOWS SUBDIVISION
Ms. Joann Hutchins, 5302 Fox Trail Lane, reviewed the actions of the Council previously
regarding the traffic improvements to Fox Meadows and requested the proposed speed
humps be of some material other than asphalt.
Mr. Perry Clark, 3106 Fox Glen Drive, spoke regarding the alternatives that have not be
enforced, and pointed out that school will be starting in two weeks.
Mr. Brian Bleess, 3508 Fox Meadows Drive, spoke regarding the implementation of 25
mph speed limit.
Mr. Luke Witgen, 3401 Fox Glen, spoke regarding the start date for sidewalks and speed
humps.
City Manager Bob Stripling advised that the bid award for sidewalks will be on the
Council's Agenda of August 16, 1994.
Discussion ensued regarding the sprinkler system and the number of linear feet of
sidewalk.
Mr. Russ Kendzior, 3404 Huntington Drive, stated the City is spending a lot of money on
sidewalks and speed bumps, but that he feels Clearfield Drive should be closed
temporarily.
There was no action taken on this item.
~
-12-
CITY COUNCIL MINUTES
AUGUST 2, 1994
REPORTS
16. PLANNING AND ZONING COMMISSION MINUTES - July 25, 1994
SIGN BOARD OF APPEALS MINUTES - July 18, 1994
ZONING BOARD OF ADJUSTMENT - July 14, 1994
There was no action taken on this item.
CITIZEN COMMENTS:
17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
ACTION/RESOLUTION:
18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 2, 1994 -
Reading and Public Hearing - Resolution R-94-1036
Mayor Pro Tem Moore opened the Public Hearing and read Resolution R-94-1036 in its
entirety.
Councilperson Montes moved to approve Resolution R-94-1036, approving the
authorization of Mayor Feigel to enter into an agreement with the Barbara Gordon
Montessori School for a fire lane on Public Service Center property.
Councilperson Grace seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None
Mayor Pro Tem Moore declared the motion carried.
ADJOURNMENT:
19. ADJOURNMENT
There being no further business before the City Council, Councilperson Montes moved
to adjourn.
-13-
CITY COUNCIL MINUTES
AUGUST 2, 1994
Council person Martin seconded the motion.
Ayes: Councilpersons Montes, Martin, Butler, Grace, and Mayor Pro Tem Moore
Nays: None .
Mayor Pro Tem Moore declared the meeting adjourned at 11 :20 p.m.
APPROVED TH IS 1(; !j DAY OF ~ u ,') z':
AYES, 0 NAYS, AND () ABSTE IONS.
, 1994, BY A VOTE OF ,5"
Minutes taken and prepared by:
~H~
Jean Harris, CMC
City Secretary
-14-