HomeMy WebLinkAboutCity Council-Minutes-6/1/1993
MINUTES OF
COLLEYVILLE CITY COUNCIL MEETING
JUNE 1, 1993
The regular meeting of the city Council of Colleyville was called to order by
Mayor Richard Newton on June 1, 1993, at 6:47 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, Lea Ann Layne, Planning
Technician, City Attorney Ross Foster and City Secretary Jean Harris were also
present.
The invocation was given by Councilperson Steve McKain after which Ross Foster
led the Pledge of Allegiance.
1. EXECUTIVE SESSION - In accordance with Article 6252-17 Section 2
paragraph e - Land Acquisition - Sale and/or Acquisition of Property -
Chelsea Creek
paragraph f - Legal - Potential Litigation, Superior Oil Special Use Permit
paragraph f - Legal - Litigation, Marie Powell Drainage
r- 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 7:42
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
There were no announcements or presentations made.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-93-889 - Consent Items:
a. Approval of Minutes of the Regular City Council Meeting of May 18,
1993
b. Ratification of Sign Board Variance, Highland Meadows Christian
Church
c. Approval of moving portable classroom buildings at Heritage Middle
School and Colleyville Middle School
d. Approval of Water Well Drilling Permit at 406 John McCain Rd
e. Approval of Water Well Drilling Permit at 512 Tumbleweed Trail
f.
Approval of Corrected Final Plat of Joanne's Addition
Mayor Newton opened the Public Hearing and read Resolution R-93-889 in its
entirety.
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CITY COUNCIL MINUTES
JUNE 1, 1993
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Councilperson Montes moved to approve Resolution R-93-889.
Councilperson Ahlers seconded the motion.
Ayes:
Nays:
councilpersons Ahlers, Montes, McKain, Feigel, and McKnight
None
Mayor Newton declared the motion carried.
PUBLIC HEARINGS:
4. READING AND PUBLIC HEARING - Resolution R-93-892 - Adoption of Economic
Development strategy
Mayor Newton opened the Public Hearing and read Resolution R-93-892 in its
entirety.
Mr. Garry Hamilton, Chairman of the Economic Development Task Force, spoke
concerning the proposed strategy recommended by the Task Force and introduced
those members of the Task Force that were present.
Mayor Newton thanked the Task Force and expressed the Council's appreciation for
the time and efforts of the members.
Mr. Jim Moore, 1416 Glade Road, requested a postponement of the Economic
Development plan.
Mr. Al Easterling, 5500 W. Valley View Drive,
proposed Resolution.
spoke in opposition to the
Ms. Janice Kane, 2804 Cottonwood Lane, Mr. Tom Hart, 1717 Avondale, Dr. Robin
Hall, 6600 Connie Lane, Ms. Jane McKain, 504 E. McDonwell School Road, Ms. Ginny
Tigue, 4415 Meandering Way, Mr. Rob Rutherford, 7413 Windswept Lane, Ms. Paula
Bowser, 1304 Country Meadows, Bedford, representing the Chamber of Commerce, Mr.
Mark Howe, 3100 Carisbrooke Court, Mr. Tom Struhs, 5201 Overhill, thanked the
Task Force for their hard work and spoke in support of the Resolution.
Mayor Newton asked if there were others wishing to speak concerning this item.
There being none, Mayor Newton closed the public Hearing.
Ms. Vicki Park, Consultant, was present to answer questions of the Council.
Discussion ensued among the Council regarding the overall plan, funding levels,
tax base, rebuilding of infrastructure, legal questions, donations made by the
City and Chamber, The Attorney General's Opinion as referenced, budget, legal
opinion by the City Attorney, payment of bonds, and the proposed Commission's
Charge.
Councilperson Montes submitted documents from the Attorney General's office and
case studies and requested these documents be made attachments to the City
Council Minutes of this meeting.
Councilperson Feigel, suggested approval of Resolution R-93-892 with revisions
to Section 1 to say Economic Development Goals and Objectives are adopted; delete
Section 2, and leave Section 3 as written.
Councilperson McKain moved to approve Resolution R-93-892.
Councilperson McKnight seconded the motion.
Councilperson Ahlers requested the changes be specified prior to approval.
Councilperson McKain amended his motion to show removal of the proposed Model
Budget on page 15 and Model Budget columns on all following pages.
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CITY COUNCIL MINUTES
JUNE 1, 1993
Councilperson McKnight accepted the amendment.
Ayes: Councilpersons Ahlers, McKain, and McKnight
Nays: Councilpersons Montes and Feigel
Mayor Newton declared the motion carried.
5. THIRD READING AND PUBLIC HEARING - Ordinance 0-93-903 - Zoning Change
Request, Highland Acres, Tract A-l, 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.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Councilperson Ahlers moved to approve Ordinance 0-93-903.
Councilperson Montes seconded the motion.
Ayes:
Nays:
councilpersons Ahlers, Montes, McKain, Feigel, and McKnight
None
Mayor Newton declared the motion carried.
6. THIRD 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 3A1Al, 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.
Councilperson Montes moved to approve Ordinance 0-93-904.
Councilperson Ahlers seconded the motion.
Ayes:
Nays:
Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight
None
Mayor Newton declared the motion carried.
7. THIRD 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.
Councilperson Montes moved to approve Ordinance 0-93-905, denying the rate
increase request.
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CITY COUNCIL MINUTES
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Councilperson McKnight seconded the motion.
Ayes:
Nays:
Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight
None
Mayor Newton declared the motion carried.
8. SECOND READING AND PUBLIC HEARING - 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 the caption of Ordinance 0-93-
902.
Mr. Jack Potter, 4005 Allendale, spoke in opposition to the proposed Ordinance
in its present form.
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 direction given to the City
Manager, transfer of dollars, and governmental functions of the city.
9. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-906 - Regulating use
and activity in Public Parks
Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-
906.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
Discussion ensued among the Council regarding the riding of horses in public
parks and park hours.
Councilperson Montes moved to amend the Ordinance to eliminate the portion of the
Ordinance prohibiting horses from being ridden in the City's parks.
Mayor Newton explained that direction was needed for this item to be discussed
before the Parks and Recreation Advisory Board.
Mr. Montes withdrew his motion.
It was the consensus of the Council to ask the Parks and Recreation Advisory
Board to review the portion of the Ordinance regarding the riding of horses
within the City's parks.
10. SECOND 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 the caption of Ordinance 0-93-
900.
Mr. Keith Jackson, 1402 Corinth Street, Suite 225, Dallas, Texas, 75214, spoke
concerning what prompted a tree ordinance, the restrictions, changes in grade,
and the penalty of replacement.
Mr. Al Easterling, 5500 W. Valley View Drive, spoke in opposition to any portion
of the proposed Ordinance which would restrict homeowners.
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Mr. Curtis Young, 3357 Barberry Road, Grapevine, spoke concerning the intent of
the Ordinance, heavily wooded areas, exempting right-of-ways and building pads,
and the size of the trees that would require replacement.
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 exemptions of restrictions
regarding homeowners.
11. SECOND 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 the caption of Ordinance 0-93-
907.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
12. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-910 - An Ordinance
establishing a maximum prima facie speed limit and school zone upon
Heritage Road.
Mayor Newton opened the Public Hearing and read Ordinance 0-93-910 in its
entirety.
There was no one present wishing to speak concerning this item and Mayor Newton
closed the Public Hearing.
13. READING AND PUBLIC BEARING - Resolution R-93-893 - Establishing a community
Center Advisory Committee and Appointing Members
There was no action taken on this item.
TABLED ITEMS:
14. DISCUSSION AND CONSIDERATION OF MODIFIED CITY-DEVELOPER AGREEMENT FOR
LONG WOOD ADDITION AT ROSS DOWNS, PHASES I & II
Councilperson McKnight moved to remove this item from the table.
Councilperson McKain seconded the motion.
Ayes:
Nays:
Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight
None
Mayor Newton declared the motion carried.
Discussion was held concerning the sidewalks, open space, site plan, and
escrowing funds for sidewalks.
Mr. Dale Crane, 3710 Rollins, Dallas, Texas, Developer in Longwood, spoke
concerning the present and future use of the land.
Discussion ensued concerning the language of the proposed agreement.
Councilperson Montes moved to direct the Developer to either build sidewalks or
escrow the funds.
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CITY COUNCIL MINUTES
JUNE 1, 1993
Councilperson Feigel seconded the motion.
Ayes:
Nays:
Councilpersons Ahlers, Montes, McKain, Feigel, and McKnight
None
Mayor Newton declared the motion carried.
ACTION ITEMS:
15. DISCUSSION AND CONSIDERATION OF BUDGETING PROCESS
This item was removed from the Agenda by Councilperson Montes.
16. DISCUSSION AND CONSIDERATION OF CITY COUNCIL MEMBERS ATTENDING CITY STAFF
MEETINGS
Councilperson Montes read a letter dated to May 13, 1993, addressed to the City
Manager regarding the consideration of City Council members attending City Staff
meetings and referenced a letter from the City Attorney and newspaper articles.
Mr. Montes advised that he had been in touch with the State and stated that he
would be pursuing an opinion from the Attorney General regarding this subject.
Mayor Newton explained that the local government is Council/Manager and that the
Manager has the authority to operate the City on a day to day basis.
Councilperson McKain read the response to Councilperson Montes from the City
Attorney dated May 25, 1993.
Councilperson Montes thanked Mr. Foster for his response and stated that he feels
this issue should be legally researched further.
CITY SECRETARY'S NOTE: Councilperson McKain left the Council Meeting at this
time, 10:30 p.m.
17. DISCUSSION AND CONSIDERATION OF REMOVAL OF RUSSELL KENDZIOR FROM THE
ENVIRONMENTAL BOARD
Mr. Chris Cole, 2707 Stemmons Frwy., Suite 140, Dallas, spoke concerning the
disclosure of information regarding the water quality in the City of Colleyville.
Mr. David Aanderud, 3301 Huntington Drive, spoke in opposition to the removal of
Mr. Russell Kendzior from the Environmental Board.
Ms. Loretta Burke, 209 W. McDonwell School Road, read a memorandum on behalf of
the Colleyville Neighborhood Alliance, stating opposition to the removal of Mr.
Russell Kendzior from the Environmental Board.
Ms. Mary Shreder, 4814 Shadywood Lane, spoke concerning the original "Recycling
Committee" and the irresponsibility she feels Mr. Kendzior showed during his
tenure as a member of the Environmental Board.
Councilperson Montes spoke in opposition to the removal of Mr. Kendzior from the
Environmental Board.
councilperson Montes submitted a portion of the Open Meetings Act and requested
it be made an attachment to the City Council Minutes of this meeting.
Discussion ensued among the Council regarding the removal of Mr. Kendzior,
"political jousting" between the Council members, procedure for removal of Board
members, the role of any City Appointed Board Member, and the documentation
showing the statement "Board members serve at the pleasure of the City Council".
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JUNE 1, 1993
REPORTS:
18. PLANNING AND ZONING COMMISSION MINUTES
There was no action taken on this item.
CITIZEN COMMENTS:
19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA
There was no one present wishing to speak.
ACTION/RESOLUTION:
20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA
ACTION FOR THE MEETING OF JUNE 1, 1993 - Reading and Public Hearing -
Resolution R-93-890
This Resolution was not needed.
ADJOURNMENT :
21. ADJOURNMENT
There being no further business before the City Council, Councilperson McKnight
moved to adjourn.
Councilperson Montes seconded the motion.
Ayes: Councilpersons Ahlers, Montes, Feigel, and McKnight
Nays: None
Mayor Newton declared the meeting adjourned at 11:05 p.m.
APPROVED THIS 1S'~ DAY OF JIHH:
~ NAYS, AND ~ ABSTENTIONS.
Minutes taken and prepared by:
~. Jd~
City Secretary
, 1993, BY A VOTE OF ~ AYES,
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