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HomeMy WebLinkAboutCity Council-Minutes-2/2/1993 (2) MINUTES OF COLLEYVILLE CITY COUNCIL MEETING JANUARY 19, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on January 19, 1993, at 6:52 p.m. ROLL CALL: Councilpersons Linda Ahlers, Claudia McKenney, steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager David I. Draz, Jr., City Engineer Mike Jones, Director of Community Development John Warden, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilperson Ed McKnight gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of January 5, 1993 Councilperson McKnight moved to approve the Minutes of the regular City Council meeting of January 5, 1993, as written. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 2. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Bransford Road paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Bluebonnet Road paragraph e - Land Acquisition - Glade Road paragraph f - Legal - Resolution Trust Corporation Law Suit paragraph f - Legal - Chappell Law Suit paragraph f - Legal - Elder Construction Law Suit paragraph f - Legal - Northeast Properties Law Suit paragraph f - Legal - Woodbriar Estates West Law Suit paragraph g - Personnel - Appointments to Parks and Recreation Advisory Board paragraph g - Personnel - Appointments to Sign Board of Appeals Mayor Newton explained that the Executive Session had been called in accordance with Article 6252-17, Section 2, Paragraph e - Land Acquisition, Paragraph f - Legal, and Paragraph g - Personnel. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 7:55 p.m., and reconvened at 7:36 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Newton presented plaques to Charles Wilmut and Gary Cantrell and thanked them for their service to the Planning and Zoning Commission. Mayor Newton presented a plaque to Angelo Cannatella and thanked him for his service on the zoning Board of Adjustment. -1- CITY COUNCIL MINUTES JANUARY 19, 1993 CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-93-854 - Consent Items: a. Approval of an Interlocal Agreement with the City of Grapevine for Traffic Signalization Improvements at the Intersection of Hall- Johnson Road and Pool Road b. Approval of an Easement Agreement with Bud Sellers for the Construction of Sanitary Sewer Improvements across Lot 2, Block 1, Bransford Road Elementary School Addition c. Approval of a Professional Engineering Services Contract with Albert H. Halff Associates, Inc., for the Oak Crest Hills and Rustic Oaks Additions Paving and Drainage Improvement Bond Project Mayor Newton opened the Public Hearing and read Resolution R-93-854 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKenney moved to approve Resolution R-93-854. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. PUBLIC HEARINGS: 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-92-890 - Authorizing issuance of $2,855,000 General Obligation Bonds for Streets, Drainage, Parks and Civic Center Improvements Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 890. Mr. Chuck Walton, 6320 Westcoat Drive, suggested the $600,000 for community center should be spent on Chelsea Creek drainage. Mayor Newton asked if there were others to speak concerning this item. There being none, Mayor Newton closed the Public hearing. Councilperson Feigel expressed concerns for selling these bonds due to the Election results of saturday, January 16, 1993. Mayor Newton advised that the Council would be holding a worksession on Thursday, January 21, 1993, for the purpose of reassessing the City's priorities. Councilperson Ahlers moved to approve Ordinance 0-92-890. Councilperson MpKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 6. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-891 - Amending the City Code and Adopting Fees for Tarrant County Health Department Services Mayor Newton opened the Public Hearing and read Ordinance 0-93-891 in its entirety. -2- CITY COUNCIL MINUTES JANUARY 19, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 7. READING AND PUBLIC HEARING - Resolution R-93-856 - preliminary Plan of Heritage Colony, 31.126 acre tract being a portion of Lot 1, Block 1, Chowning Addition and a tract of land in the R. Chowning Survey, Abstract 294, Tracts 5A1B, 5A1A, 5A2, 4, 4B, west side of Pool Road, north of Hall Johnson, by Rodney Waschka Mayor Newton read Resolution R-93-856 in its entirety. John Warden gave a brief overview regarding the sewer extension, Developer Agreement, timing, extension of Flintlock Court, view of rear of homes built on Flintlock Court, sites of those homes, changing the name of Chowning Addition to Heritage Colony. He advised staff recommends approval with conditions as stated in the recommendation of the Planning and Zoning Commission. Mayor Newton opened the Public Hearing. Mr. Jim Hasick, 2501 Heather Glenn Court, Mr. Michael G. Edison, 2407 Heather Glenn Court, and Pat Worsham, 2503 Heather Glenn Court spoke in opposition to the rear of homes facing on to a cul-de-sac where homeowners do not have to look at the rear of homes. Mr. Bill Burns, 6108 Sunderland Drive, representative of Highland Meadows Homeowners Association, spoke concerning drainage problems, fencing, sidewalks, single entrance sub division precedent, construction vehicles driving through the subdivision during construction, and property values. Mayor Newton asked if there were others wishing to speak. Mayor Newton closed the Public Hearing. There being none, Mr. OWen Long, 1615 Precinct Line Road, Hurst, representing the owner, spoke concerning the contents of the Developer Agreement, filing of plats, and the changing of the Chowning Addition to Heritage Colony. Mike Jones, City Engineer, referred to the Subdivision Ordinance regarding the need for this utility line. Discussion ensued among the Council regarding the drainage problems, sidewalks, the relationship between the Chowning Addition and the proposed development, the location of the proposed pond, fencing, and the sidewalk location in relation to the pond. Councilperson McKain moved to table action on this item until street alignment and lot configuration is agreed on. Councilperson Feigel seconded the motion. Councilperson McKain withdrew his motion. councilperson Feigel withdrew the second to the motion. Discussion ensued among the Council regarding direction to the applicant in regard to deed restrictions, water lines, and alternate site plan. Councilperson McKain moved to table this item, requesting a resolution between the Homeowner's Association and the applicant, giving consideration to the alternate site plan and deed restrictions. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -3- CITY COUNCIL MINUTES JANUARY 19, 1993 8. READING AND PUBLIC BEARING - Resolution R-93-857 - Authorizing the execution of a "Paying Agent/Registrar Agreement" for the General Obligation Bonds, Series 1993 Mayor Newton opened the Public Hearing and read Resolution R-93-857 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Resolution R-93-857. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 9. READING AND PUBLIC BEARING - Resolution R-93-858 - Canvass of Special Election held January 16, 1993 Mayor Newton opened the Public Hearing and read Resolution R-93-858 in its entirety. Mr. Doug Blemings, 6000 Colts Neck Drive, and Mr. Frank Rawls, 4504 Bowman, spoke concerning the defeat of the Election held on January 16, 1993, and the limit set on the City's taxes by the City'S Charter. Mayor Newton asked if there were others wishing to speak. There being none, Mayor Newton closed the Public Hearing. Councilperson McKenney moved to approve Resolution R-93-858. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ACTION ITEMS: 10. DISCUSSION AND CONSIDERATION OF SETTLEMENT OF NORTHEAST PROPERTIES LAW SUIT Ross Foster, City Attorney gave a brief overview of the lawsuit regarding the impact fees, and recommending settlement of the suit by refunding the fees, provided that no refund has been previously paid, that the plaintiff deliver a release or assignment from the person or entity which paid the fee in a form approved by the City Attorney for all lots except Lot 5, Block 10, Lot 4, Block 1, Lot 2, Block 1, Lot 6, Block 2 and that Northeast Properties and Raman Chandler execute an indemnity agreement approved by the City Attorney indemnifying the City for any claims related to the impact fees paid on the lots in question. Councilperson McKenney moved to accept the proposed settlement as described by the City Attorney. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -4- CITY COUNCIL MINUTES JANUARY 19, 1993 11. DISCUSSION AND CONSIDERATION OF AWARD OF BIDS FOR $2,855,000 GENERAL OBLIGATION BONDS, SERIES 1993 Mayor Newton advised that nine bids had been received. Bob Stripling, City Manager recommended the bid be awarded to the low bidder, Clayton Brown & Associates, with an interest rate of 5.7415%. Councilperson McKain moved to accept the recommendation of the City Manager and award the bid to Clayton Brown & Associates. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 12. DISCUSSION AND CONSIDERATION OF A NAME FOR PLEASANT RUN PARK Mr. Jim Moore, 1416 Glade Road, stated "Pleasant Run Park" would be an acceptable name. Councilperson Feigel moved to name the park located on Pleasant Run Road, "Pleasant Run Park". Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 13. DISCUSSION AND CONSIDERATION OF REQUEST FOR RESIGNATION OF COUNCILPERSON ED MCKNIGHT Mayor Newton read the letter from Mr. Montes dated January 5, 1993, and his letter to Mr. Montes dated January 15, 1993. Mr. Manuel Fernandez-Montes, 3608 Cotswold Court, requested a waiver of the five minute limit. Mayor Newton advised the five-minute limit would be enforced. Mr. Montes asked if a police officer was present and stated he was offended by the City requesting this officer to be present. Mr. Montes spoke concerning the Council meeting of December 15, 1992, and requested the resignation of Councilperson Ed McKnight. Mr. David Aanderuud, 3301 Huntington Drive, spoke concerning the Council meeting of December 15, 1992, and also requested Councilperson McKnight's resignation. Mr. Charles Wilmut, 6913 Westcoat, Mr. Doug Blemings, 6000 Colts Neck Drive, Mr. James Hoff, 4012 Southwood East, Mr. Cliff Carr, 1709 Avalon Drive, and Mr. Tom Hart, 1917 Avondale, spoke concerning their knowledge of Councilperson McKnight and stated they felt there was no basis for Councilperson McKnight to resign. Mr. Charles Berry, 3205 Glade Road, stated he was ashamed that this incident had become a public matter. Mayor Newton advised there was no basis for Councilperson McKnight to resign. Mayor Newton read a transcript of conversation held after the adjournment of the Council meeting held on December 15, 1992. -5- CITY COUNCIL MINUTES JANUARY 19, 1993 REPORTS: 14. PLANNING AND ZONING COMMISSION MINUTES PARK AND RECREATION ADVISORY BOARD MINUTES CITY MANAGER'S REPORT There was no action taken on this item. 15 . MONTHLY FINANCIAL REPORT There was no action taken on this item. CITI ZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Russell Kendzior, 3404 Huntington Drive, spoke concerning the election held on January 16, 1993, and the ethics and tactics of the group calling themselves Colleyville Quality 2000. Mr. Manuel M. Fernandez-Montes, 3608 Cotswold Court, spoke concerning letters he had received from Mayor Newton regarding Mr. Montes' request for information on a report from Peat Marwick in relation to funds owed to the City. Mr. Montes also spoke concerning the Election of January 16, 1993. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 19, 1993 - Reading and Public Hearing - Resolution R-93-855 Mayor Newton opened the Public Hearing and read Resolution R-93-855 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-93-855, awarding and accepting the bid of Clayton Brown & Associates for the sale of $2,855,000 in General Obligation Bonds, Series 1993 of the City at an interest rate of 5.7415%; settling the Northeast properties lawsuit by refunding impact fees on the same basis as the Builder's Association suit on the lots on which Northeast Properties claims it is entitled to a refund with provisions outlined in Resolution R-93- 855; and naming the park on Pleasant Run Road, "Pleasant Run Park". Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. ADJOURNMENT : 18 . ADJOURNMENT There being no further business before the City Council, councilperson Ahlers moved to adjourn. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None -6- CITY COUNCIL MINUTES Mayor Newton declared APPROVED THIS c2d --11...- NAYS, AND ~ the meeting adjourned DAY OF h. j, I' /..U..r Y ABSTENTIONS. / Mi utes taken= by' Harris, CMC secretary (~ .,...~-, JANUARY 19, 1993 at 10:05 p.m. , 1993, BY A VOTE OF ~ AYES, -7-