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HomeMy WebLinkAboutCity Council-Minutes-5/18/1993 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING MAY 18, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on May 18, 1993, at 6:48 p.m. ROLL CALL: Councilpersons Linda Ahlers, Manny Montes, 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, Planning Technician Lea Ann Layne, City Attorney Ross Foster, and City secretary Jean Harris were also present. The invocation was given by Councilperson Manny Montes after which Ross Foster led the Pledge of Allegiance. 1. 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 - Sale and/or Acquisition of Property - Chelsea Creek 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 6:50 p.m., and reconvened at 7:30 p.m. 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 Ahlers announced that she had attended the United Way Banquet for recognition of Tarrant County Cities Volunteers of the Year on May 13, 1993. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-93-885 - Consent Items: a. Approval of Minutes of the regular City Council Meeting of May 4, 1993 b. Approval of Minutes of the Special Called City Council Meeting of May 7, 1993 c. Approval of amended Plat of Lots 2R1, 3Rl, and 4R1, Block 1, Ashmore d. Approval of amended Plat of Lot 1R and Tract B, Block 2 and the rights-of-way of Wayside Drive and Old Oak Lane in Ashmore II e. Approval of water well drilling permit at 205 West McDonwell School Road f. Approval of Bid Award for a Backhoe/Loader to Clemons Tractor Company in the amount of $26,316.89. -1- CITY COUNCIL MINUTES MAY 18, 1993 g. Approval of Bid Award for new Sidewalks in various parts of the City to American Tennis Courts in the amount of $34,242.80 is hereby approved. h. Approval of setting a Public Hearing for June 1, 1993, on the request of Grapevine-Colleyville Independent School District to move four portable classroom buildings to Heritage Middle School, 5300 Heritage; and to move five portable classroom buildings to Colleyville Middle School, 1100 Bogart is hereby approved. Mayor Newton opened the Public Hearing and read Resolution R-93-885 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-93-885. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. councilperson Montes requested Item #17 be considered at this time. Mayor Newton polled the Council with the following results: Leave Agenda as is: Councilpersons Ahlers, McKain, Feigel, and McKnight Move Item #17: Councilperson Montes Mayor Newton advised the Agenda would remain in its original order. PUBLIC HEARINGS: 4. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-899 - Bridlewood, Zoning change Request, CC to R-MF with SUP for Single Family Residential, 8.250 acres out of the M. Day Survey, Abstract 406, Tracts 1 & 1B, T.J. Christian Survey, Abstract 275, Tracts 2A & 2A2, and the B.B.B. & C.R.R. Survey, Abstract 228, Tract lD, Cheek Sparger & Brown Trail, requested by Sandlin Properties, Inc. Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 899. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Ordinance 0-93-899. Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 5. SECOND READING AND PUBLIC BEARING - Ordinance 0-93-903 - Zoning Change Request, Highland Acres, Tract A-I, Block 2, CN to C-PO, 1.034 acres, requested by Townleigh Village Inc. Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 903. -2- CITY COUNCIL MINUTES MAY 18, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-904 - zoning change Request, AG to R40, 1.75 acres, out of the Hall Medland Survey, Abstract 1038, a portion of Tracts 3A1A, and 3A1A1, and the H.R. Wall Survey, Abstract 1973, 3A1C and a portion of 1A1A, requested by Ann Hardy Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 904. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-905 - Tri-County Electric Utility Rate Increase Request Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93- 905. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 8. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-902 - Adopting the Municipal Drainage Utility Systems Act and Declaring the Drainage of the City of Colleyville to be a Public utility Mayor Newton opened the Public Hearing and read Ordinance 0-93-902 in its entirety. City Engineer Mike Jones explained the proposal of the Municipal Drainage Utility System. Mr. Tom Schlich, 5613 Oak Top Drive, Mr. A. G. Easterling, 5500 Valley View Drive, Mr. James B. (Jim ) Moore, 1416 Glade Road, and Ms. Suzie Grundy, 209 Timberline North, spoke concerning considerations that should be made prior to adopting this Ordinance: Cost of Service, separation of funding, drainage rates reviewed regularly if approved, public referendum after five years if approved, park drainage problems being corrected by funding other than this, construction projects causing drainage problems, 5% administrative costs cut to 3% in the beginning if approved and even further if possible, keeping all monies presently budgeted for drainage in addition to any monies this Public Utility will create, what the benefits to the citizens would be, monthly fees, in what manner the fee schedule was derived, citizen input, dollar limits set on the administrative costs, transfers made from this fund to the general fund, escrow by contractors and tax deductible fees. Mayor Newton asked if there were others wishing to speak. There being none, Mayor Newton closed the Public Hearing. Mayor Newton explained that this ordinance did not relate to the fee schedule. Discussion ensued among the Council regarding planned transfers to the General Fund as is being done at this time, Drainage Master Plan, tributaries, Little Bear and Big Bear Creek studies, cost projections, and the number of drainage complaints received by the City. 9. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-906 - Regulating use and activity in Public Parks Mayor Newton opened the Public Hearing and read Ordinance 0-93-906 in its entirety. -3- CITY COUNCIL MINUTES MAY 18, 1993 There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-900 - Establishing criteria and regulations for the preservation of trees and vegetative cover, providing minimum standards, criteria and providing for the replacement and replanting of trees that are removed during construction, development or redevelopment Mayor Newton opened the Public Hearing and read Ordinance 0-93-900 in its entirety. Mr. Tom Westerman, 308 Oak Valley, spoke concerning the affect this Ordinance would have on him as a homeowner. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the enforcement of the Ordinance and availability of the Ordinance. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-907 - Modifying the Franchise granted to Laidlaw Waste Systems, Inc., for the collection and disposal of recyclable materials by providing for specific payments to the City in lieu of a percentage of receipts Mayor Newton opened the Public Hearing and read Ordinance 0-93-907 in its entirety. Ms. Opal Ethridge, 5309 Pleasant Run Road, Mr. A. G. Easterling, 5500 Valley View spoke concerning the City not receiving anything from Laidlaw for months, the amount collected being a fair share, and the possibility of putting the newspapers in a paper sack for pick-up. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the fluctuation of costs for recycling. 12. READING AND PUBLIC HEARING - Resolution R-93-887 - Rescinding Resolution R-76-126 and Amending Voluntary Park Fund to allow for Funding of Concerts in City Parks Mayor Newton opened the Public Hearing and read Resolution R-93-887 in its entirety. Ms. Ann Hardy, 900 John McCain, spoke in favor of the funds being used for concerts in the parks and other arts programs. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding this Resolution allowing flexibility of the use of the parks including concert performances, voluntary park fund uses, concerns with changing the Resolution prior to reviewing the use of the Voluntary Park Fund, developing a plan for the use of this fund, attendance fees, and advertising. Mr. Alan Linford, 3202 Wiltonwood Court, Parks and Recreation Advisory Board Chairman, spoke concerning the use of the Voluntary Park Fund for the purpose of funding concerts in the City's parks. Councilperson Feigel moved to approve Resolution R-93-887. -4- CITY COUNCIL MINUTES MAY 18, 1993 Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilperson Montes Mayor Newton declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-93-888 - Adopting Five Year Utility Plan Mayor Newton opened the Public Hearing and read Resolution R-93-888 in its entirety. City Manager Bob stripling briefly reviewed the proposed Utility Plan. Mr. Jack Martin, 3503 Fox Glen, spoke concerning line items in regard to salaries. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding the changing of salaries, percentage of time employees spend in relation to utility services, transfers from the Utility Fund to the General Fund, benefits of the City Council, specific types of transfers made to the General Fund and their uses. Councilperson McKain moved to approve Resolution R-93-888, contingent on the approval of Ordinance 0-93-897. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilperson Montes Mayor Newton declared the motion carried. TABLED ITEMS: 14. DISCUSSION AND CONSIDERATION OF MODIFIED CITY-DEVELOPER AGREEMENT FOR LONGWOOD ADDITION AT ROSS DOWNS, PHASES I & II There was no motion to remove this item from the table. 15. CONSIDERATION OF ORDINANCE 0-93-897 - WATER AND SEWER UTILITY RATE INCREASE Councilperson Ahlers moved to remove this item from the table. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilperson Montes Mayor Newton declared this item removed from the table. Ms. Suzie Grundy, 209 Timberline North, Mr. Jack Martin, 3503 Fox Glen, and Mr. David Aanderud, 3301 Huntington Drive, spoke in opposition to this Ordinance, Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council regarding franchise fees, "pilot" (payments in lieu of taxes) transfers, and the number of water and sewer utility customers served by the City. -5- CITY COUNCIL MINUTES MAY 18, 1993 Councilperson McKain moved to approve Ordinance 0-93-897, amending the Ordinance to show a $.05 decrease in the proposed water rates. councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilperson Montes Mayor Newton declared the motion carried. ACTION ITEMS: 16. DISCUSSION AND CONSIDERATION OF CONCERTS IN THE PARKS Councilperson Feigel moved to approve a $2,000 expenditure from the Voluntary Park Fund for concerts to be performed in the City'S parks during the Summer of 1993. councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilperson Montes Mayor Newton declared the motion carried. 17. DISCUSSION AND CONSIDERATION OF ACCEPTANCE OF LAND DONATION ON BLUEBONNET ROAD Mr. Charles Walton, 6320 Westcoat, Mr. Tom schlich, 5613 Oak Top Drive, Mr. A. G. Easterling, 5500 Valley View Drive, Mr. Roy Vick, 5304 Elm Street, Mr. T. F. Westerman, 308 Oak Valley, Mr. David Aanderud, 3301 Huntington Drive, Ms. Suzie Grundy, 209 Timberline North, Mr. Jack Martin, 3503 Fox Glen, and Mr. Jack Burke, 209 W. McDonwell, spoke in opposition to this land donation. Discussion ensued among the Council regarding the length of time this item has been under consideration, the time constraints on the deed transfer, agenda wording, and cost estimates. Councilperson McKnight moved to accept the land donation on Bluebonnet Road. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, McKnight Councilperson Montes Mayor Newton declared the motion carried. 18. DISCUSSION AND CONSIDERATION OF ENVIRONMENTAL BOARD MEMBERSHIP Councilperson Ahlers moved to remove Russell Kendzior from the Environmental Board and replace him with Denise Frankoff. Councilperson McKain seconded the motion. Councilperson Feigel stated that in future similar situations discussion should be held with board members prior to removal and stated she has concerns with the procedure and precedent that this action may set. Discussion ensued among the Council regarding the removal procedure. Ayes: Nays: Councilpersons Ahlers, McKain, and McKnight Councilpersons Montes and Feigel Mayor Newton declared the motion carried. -6- CITY COUNCIL MINUTES MAY 18, 1993 STAFF REPORTS: 19. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 20. PLANNING AND ZONING COMMISSION MINUTES PARK AND RECREATION ADVISORY BOARD MINUTES ENVIRONMENTAL BOARD MINUTES There was no action taken on this item. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Tom Schlich, 5613 Oak Top Drive, representing the homeowner's association, spoke concerning the budget being created on a "zero base budget" system. Councilperson Montes, 3608 Costwold Court, spoke as a private citizen stating that the action taken on Item #18 only happens in totalitarian countries. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 18, 1993 - Reading and Public Hearing - Resolution R-93-886 Mayor Newton opened the Public Hearing and read Resolution R-93-886 in its entirety. Mr. Russell Kendzior, 3404 Huntington Drive, spoke concerning the action taken on Item #18, the conduct of the City Council regarding internal affairs, and his tenure on the Environmental Board. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. councilperson Feigel requested the items be separated on the ending resolution. Montes moved to approve Items 1 and 2 of Resolution R-93-886, approving a $2,000 expenditure of the Voluntary Park Fund for the "Concerts in the Park" series, 1993, and the Development Agreement between the City of Colleyville and Herman Smith for the land donation on Bluebonnet Road. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilperson Montes Mayor Newton declared the motion carried. Councilperson McKain moved to approve Item 3 of Resolution R-93-886, removing Mr. Russell J. Kendzior from the Environmental Board and appointing Ms. Denise Frankoff as a replacement. Councilperson Ahlers seconded the motion. Ayes: Nays: councilpersons Ahlers, McKain, and McKnight Councilperson Montes and Feigel Mayor Newton declared the motion carried. -7- CITY COUNCIL MINUTES MAY 18, 1993 ADJOURNMENT : 23. ADJOURNMENT There being no further business before the City council, councilperson Feigel moved to adjourn. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 10:48 p.m. ,.s_f J APPROVED THIS DAY OF Un.-t.. ~ NAYS, AND -lL- ABSTENTIONS. Minutes taken and prepared by: Cb:::iO~~ City Secretary , 1993, BY A VOTE OF ~ AYES, -8-