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HomeMy WebLinkAboutCity Council-Minutes-3/24/1993 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING MARCH 24, 1993 The regular meeting of the city Council of Colleyville was called to order by Mayor Richard Newton on March 24, 1993, at 6:51 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, Attorney steve Brewer, and City Secretary Jean Harris were also present. City Attorney Ross Foster was on vacation and partner Steve Brewer attended in his place. Mayor Richard Newton gave the invocation after which Steve Brewer led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of March 2, 1993 Councilperson Ahlers moved to approve the Minutes of the regular Council meeting of March 2, 1993, as written. Councilperson McKain 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 - Bluebonnet Road paragraph e - Land Acquisition - Glade Road paragraph f - Legal - Resolution Trust Corporation Law Suit paragraph f - Legal - Elder Construction Law Suit paragraph f - Legal - Lemieux Law Suit paragraph f - Legal - Laidlaw Recycling Contract Potential Litigation Mayor Newton explained that the Executive Session had been called in accordance with Article 6252-17, Section 2, paragraph e - Land Acquisition and Paragraph f - Legal. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:55 p.m., and reconvened at 7:38 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilperson Ahlers announced that she had attended an Environmental Board Meeting and a NETS meeting, of which minutes and information had already been sent to each of the Council members. CITY COUNCIL MINUTES MARCH 24, 1993 Councilperson McKenney announced that she had attended a Chamber of Commerce Executive Board Meeting and information had been forwarded to the Council members. Councilperson Feigel announced that she and City Manager Bob Stripling had met with representatives from the Airport to discuss the East/West Freeway, she advised that it was being considered as a possible toll road. She also stated it was a good meeting and felt that Colleyville's position was being supported. Ms. Tricia Wood, representing G.R.A.C.E., was present to receive a proclamation read and presented by Mayor Newton. Ms. Janet Martine, Volunteer of the Year, was present to receive a proclamation read and presented by Mayor Newton. CONSENT: 7:30 P.M. 4. READING AND PUBLIC HEARING - Resolution R-93-872 - Consent Items: a. Approval of Interlocal Agreement between Tarrant County and the City for the reconstruction of a portion of Cheek Sparger Road b. Approval of Bid Award for the Leasing of Pagers to McCaw Communications in the amount of $6.61 per month is hereby approved. Mayor Newton opened the Public Hearing and read Resolution R-93-872 in its entirety. A Mobilecom representative was present and stated she was low bidder at the time the bids had been opened and requested validity of pricing. City Manager Bob Stripling requested Item B be removed from the consent Resolution to be considered at the next regular Council meeting. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to remove Item B from the Resolution and place it on agenda for the next regular City Council meeting. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Councilperson Ahlers moved to approve Resolution R-93-872 as amended. 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 BEARING - Ordinance 0-93-895 - Amending Section 22, Schedule of Permitted Uses of the Zoning Ordinance to allow Batting Cages business in a designated zoning district Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 895. -2- CITY COUNCIL MINUTES MARCH 24, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Ordinance 0-93-895 as amended at the regular City Council Meeting of March 2, 1993. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-894 - Rezoning from CC to PUD-R, a portion of Lot 4, Block 1, of Kroger Addition, Glade and Shadow Wood Roads, requested by Rex Scott Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 894. Ms. Rebecca Carlson, Real Estate Broker, stated the best use for this property would be residential. Mr. Rex Scott, Developer, spoke concerning roof mounted mechanical equipment at the Kroger Store, noise, lighting, fencing, and trees. Mayor Newton asked if there were others wishing to speak. There being none, Mayor Newton closed the public Hearing. Discussion ensued concerning the distance between the Kroger store and the property in question, screening for the mechanical equipment on the roof of the Kroger Store, noise, placement of the garbage dumpster at the Kroger Store, screening around the dumpster, the proposed fencing being 50%, or possibly 100% masonry, buffering between commercial and residential property, exempting the open space requirement, materials for use in screening the dumpster site, Commercial/Office space as a possible use for the proposed property, and the recommendation to put in ordinance form to have all dumpsters screened from this day forward. Mr. Tom Wilder, broker and consultant on the property in question, spoke concerning the possibility of professional offices being in this location. He stated the property in question is not suitable for professional or Dr's offices. 7. SECOND READING AND PUBLIC BEARING - Ordinance 0-93-896 - Deleting Section 20 (Penalty Clause) of Ordinance 0-92-877, Southwestern Bell Franchise Agreement Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 896. There was no one present wishing to speak concerning this item and Mayor Newton closed the public Hearing. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-897 - Water and Sewer Utility Rate Increase Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 897. Mayor Newton announced that the Council intends to table this ordinance at third reading so that questions can adequately be answered prior to the Council taking any action. He also announced that a Public Forum would be held in April concerning this Ordinance. -3- CITY COUNCIL MINUTES MARCH 24, 1993 Mr. Jim Moore, 1416 Glade Road, spoke concerning the accomplishments in the water/sewer area during the past few years, and in opposition to the proposed Ordinance. Mr. Jack Martin, 3503 Fox Glen, spoke concerning the Water Department budget funding and the City's representative to the Trinity River Authority (TRA). City Manager Bob Stripling stated that in the last fiscal year there was a net cash outflow and that the projections show a similar outcome this fiscal year if rates are not increased. He advised that the City Council does not appoint a voting representative to the TRA. Mr. Manny Montes, 3608 Cotswold Court, spoke in opposition to the proposed water and sewer rate increase. He also spoke concerning Texas Water Commission tests. Mr. David A. Aanderud, 3301 Huntington Drive, spoke in opposition the proposed water and sewer rate increase. Ms. Debbie Swilley, Behrens Drive, spoke concerning the need to be on the sewer system and asked how long this item might be tabled. Mayor explained that the tabling of the item would be done only to allow time to inform the citizens and that the intent was not to have this item tabled long term. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Mayor Newton explained that the utility fund could only be used for water and sewer expenses. 9. READING AND PUBLIC HEARING - Resolution R-93-87l - Adoption of General Fund Five Year Financial Plan Mayor Newton opened the Public Hearing and read Resolution R-93-871 in its entirety. City Manager Bob Stripling gave an overview of the proposed plan. Mayor Newton explained the objective was to include what is expected to be accomplished in the next four years, that this has been and will be for the future, an excellent planning tool, and that the 1991 bond issue items are included. Mr. Manny Montes, 3608 Cotswold Court, raised questions concerning the Economic Development budget. Mayor Newton explained that the Economic Development funds are presently going to the Chamber of Commerce and an Economic Development Strategic Plan. He stated that recommendations from the Economic Development Task Force will be considered in the future plans to generate additional revenue streams and improve the present ones. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve the proposed Five Year Financial Plan. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. , -4- CITY COUNCIL MINUTES MARCH 24, 1993 ACTION ITEMS: 10. DISCUSSION AND CONSIDERATION OF MODIFIED CITY-DEVELOPER AGREEMENT FOR LONGWOOD ADDITION AT ROSS DOWNS, PHASES I & II At the request of the Applicant, this item was deferred to the next regular City Council meeting. 11. DISCUSSION AND CONSIDERATION OF ASHMORE PHASE IV AND V, PRELIMINARY PLAN, 15.014 ACRE TRACT OUT OF THE C.C. DOSS SURVEY, ABSTRACT 439, TRACTS 2B, 2B4, 2B4A, 2B10, 2BI0B, 2BI0A, 2B10A1, AND A REPLAT OF LOT 10, BLOCK 5 OF ASHMORE In, AND THE SPRUIELL TEER ADDITION LOTS 1 AND 2B, POOL ROAD NORTH OF GLADE, REQUESTED BY DAVID BAGWELL City Manager Bob stripling recommended that if the consensus of the City Council is to include the staff's recommendations, this item be tabled until the proper items have been submitted to Council. Mr. David Bagwell, 5500 Preston Road, Dallas, stated he feels the proposal meets City Ordinances, that the requests by the city's staff are overly burdensome, and would like to know if this proposal does or does not comply with the city's ordinances. Discussion ensued among the Council regarding the proposed Drainage Plan, streets, easements, right of way, aesthetics, and emergency accesses at Pool and Glade Roads. Councilperson Feigel moved to table this item as recommended by the City's staff. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 12. DISCUSSION AND CONSIDERATION OF SPRING CLEAN-UP 1993 City Manager reviewed past spring clean-ups concerning locations and cost. He stated the staff's recommendation is to inform citizens there will be a free land fill day, any mulch be returned to the City, and pick-up service for oversized items be made available. Discussion ensued among the Council regarding the chipper used for mulching in the past, total weight of brush, success of the program, and control of dates/times for dumping and pick-ups. Councilperson McKenney moved to accept the City Manager's recommendation. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. REPORTS: 13. PLANNING AND ZONING COMMISSION MINUTES PARKS AND RECREATION ADVISORY BOARD MINUTES There was no action taken on this item. -5- CITY COUNCIL MINUTES MARCH 24, 1993 STAFF REPORTS: 14. MONTHLY FINANCIAL REPORT There was no action taken on this item. CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Manny Montes, 3608 Cotswold Court, spoke concerning Texas Water Commission water tests. Sammie Bolling, 6712 Curtis Road, spoke concerning Agenda Item No. 11. ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 24, 1993 - Reading and Public Hearing - Resolution R-93-873 Mayor Newton opened the Public Hearing and read Resolution R-93-873 in its entirety. Ms. Sammie Bolling, 6712 Curtis Road, spoke concerning Ashmore Phase IV and V. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-93-873, tabling the preliminary Plan for Ashmore Phase IV and V in accordance with staff recommendations and that the City Manager's recommendation be accepted concerning Spring Clean-up. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ADJOURNMENT : 17 . ADJOURNMENT There being no further business before the City Council, Councilperson Ahlers, moved to adjourn. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 9:55 p.m. APPROVED THIS ~ft DAY OF 4;e., ( ~ NAYS, AND ~ ABSTENTIONS. , 1993, BY A VOTE OF ~ AYES, Minuteo take;L~~~ed by' ~o. CMC City Secretary -6-