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HomeMy WebLinkAboutCity Council-Minutes-6/15/1993 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING JUNE 15, 1993 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on June 15, 1993, at 6:50 p.m. ROLL CALL: Councilpersons Jim Moore, Manny Montes, steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob stripling, Assistant City Manager David 1. Draz, Jr., 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 Mayor Richard Newton after which Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Article 6252-17 See 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Chelsea Creek paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Oaks and Briarwood paragraph f - Legal - Litigation, Marie Powell Drainage paragraph g - Personnel - Appointments to Planning and Zoning Commission 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 6:53 p.m., and reconvened at 7:35 p.m. RESUME REGULAR MEETING: 7: 30 P. M . 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY TBE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS There were no announcements made by the Council. Mr. Jim Hoff was present and Mayor Newton presented a plaque to Mr. Hoff for his service on the Parks and Recreation Advisory Board. Ms. Claudia McKenney was present and Mayor Newton presented a plaque to Ms. McKenney for her service on the City Council. Ms. Linda Ahlers was present and Mayor Newton presented a plaque to Ms. Ahlers for her service on the City Council. Mayor Newton expressed his, the Council's and Staff's appreciation for the years of service given by Mr. Hoff, Ms. McKenney, and Ms. Ahlers. 3. ELECTION OF MAYOR PRO TEM BY CITY COUNCIL Mayor Newton explained the election process. Councilperson Montes nominated Councilperson Jim Moore. Councilperson Moore declined the nomination, stating he felt a more experienced Councilperson should be elected. -1- CITY COUNCIL MINUTES JUNE 15, 1993 Councilperson Feigel nominated Councilperson McKnight. Councilperson McKnight nominated Councilperson McKain. There were no other nominations made. steve McKain - Councilpersons Moore and McKnight Ed McKnight - Councilpersons Montes, McKain, and Feigel Mayor declared Councilperson McKnight elected as Mayor Pro Tem. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-93-894 - Consent Items: a. Approval of City Council Minutes of Regular Meeting held June 1, 1993 b. Approval of City Council Minutes of Special Meeting held June 10, 1993 c. Approval of Amended Plat for Lots 16, 17, and 22, Block J in the Mill Creek Addition Phase III d. Approval of Change Order for additional sidewalk construction on Glade Road in the amount of $3,864.00 e. Approval of Colleyville resident at 4900 Heritage Avenue to receive City of Euless Water f. Approval of one-year contract for gasoline and diesel awarded to Advance Petroleum with a mark-up price per gallon of .016 g. Approval of Bid Award for Telephone Purchase for City Hall and Engineering Building to Innovative Communications Systems, Inc., in the amount of $18,000 h. Approval of the use of Voluntary Park Funds in the amount of $950.00 for an Isolated Light Circuit at Pleasant Run Soccer Fields Mayor Newton opened the Public Hearing and read Resolution R-93-894 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore requested a change to the City Council Minutes, Item 4, Page 2 to indicate Mr. Moore requested a postponement of the Economic Development plan. Councilperson Moore moved to approve Resolution R-93-894, removing Item g from the Consent resolution to be considered separately. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -2- CITY COUNCIL MINUTES JUNE 15, 1993 ITEM G Councilpersons Moore and Montes spoke in opposition to the proposed telephone system. Discussion ensued concerning the improvements to the telephone system approved in the budget for FY 1992-93, maintaining a "live" operator, customer service, and automation. Assistant City Manager Dave Draz reviewed the proposed system. Councilperson Feigel moved to approve Item g of the Consent Resolution. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons McKain, Feigel, and McKnight Councilpersons Moore and Montes Mayor Newton declared the motion carried. PUBLIC HEARINGS: 5. THIRD 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. Howard Gardner, 4906 Eversham Court, read a letter written by himself to the City Council regarding the flooding in Woodland Hills, and stated he is in favor of the Drainage Utility. Mr. Jim Degnan, 3409 Crossgate Circle North, Ms. Terry Roberts, 3405 Windsor Court, Mr. John Vering, 3106 Glen Dale Drive, also spoke in favor of the Drainage utility System. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued concerning the proposed Drainage Utility being a tax and transfers that could possibly be made from this fund to the General Fund. Councilperson Montes suggested the possibility of an appointed committee to review this proposal prior to approval. Councilperson McKain moved to approve Ordinance 0-93-902. Councilperson Mckain withdrew his motion to allow further discussion. Councilperson McKnight spoke in favor of the proposed system and Councilperson Feigel reviewed the history of this issue and also stated she is in support of the concept, as it would insure that drainage problems are prioritized by future City Councilmembers and appropriately funded. However, she stated that the rate is still be be determined and that she would support a citizens committee to analyze the needs and recommend a rate to the Council. Councilperson McKain moved to approve Ordinance 0-93-902. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons McKain, Feigel, and McKnight Councilpersons Moore and Montes Mayor Newton declared the motion carried. -3- CITY COUNCIL MINUTES JUNE 15, 1993 6. THIRD READING AND PUBLIC BEARING - 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 equestrian trails. Councilperson Feigel stated that she had descussed with Alan Linford, Parks and Recreation Advisory Board Chairman, the need to identify equestrian trails in the Parks Master Plan since this ordinance makes reference to the use of equestrian trails and that he had agreed to address the issue with the Parks and Recreation Advisory Board. Councilperson Montes moved to approve Ordinance 0-93-906. Councilperson Moore seconded the motion. Ayes: Nays: councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 7. THIRD READING AND PUBLIC BEARING - 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. 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 practicality of the proposed Ordinance. Councilperson McKain advised that he had discussed this item with Mr. Larry Cole and that he would be asking the City Secretary to distribute correspondence from Mr. Cole regarding this item to each of the Councilpersons. Councilperson Feigel moved to table this item until a worksession could be held. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 8. THIRD 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. -4- CITY COUNCIL MINUTES JUNE 15, 1993 Councilperson McKain moved to approve Ordinance 0-93-907. Councilperson Moore seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 9. SECOND 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 the caption of Ordinance 0-93- 910. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 10. FIRST READING AND PUBLIC BEARING - Ordinance 0-93-908 - Zoning Change Request, Colleyville Shopping Village, AG to CC, 7.256 acres out of the J. L. Byas Survey, Abstract 180, Tract 2X, 2M, 2V1, 2, 2Z1, 2Z, and 2Y, requested by Metrovest, Inc., 6200 Block of Colleyville Boulevard, east side Mayor Newton opened the Public Hearing and read Ordinance 0-93-908 in its entirety. Mr. Bill Krabacher, Metrovest, Inc., was present to answer questions regarding this item. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-909 - Special Use Permit Request to sell beer and wine for off-premise consumption at the Texaco located at 4612 Colleyville Boulevard, requested by Gastar Systems, Inc., N. W. Corner of Bransford Road and Colleyville Boulevard Mayor Newton opened the Public Hearing and read Ordinance 0-93-909 in its entirety. Mr. David Chappell, 1300 Mistletoe Drive, Fort Worth, representing the applicant, was present to answer questions of the Council. Mr. Chappell reviewed the proposed changes to the site. 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 proposed change to Bransford Road, proposed vegetation, compliance with the City's landscape ordinance, trees planted under utility lines, parking requirements, and changes to the exterior of the existing building. Mr. Gary Gooden, property owner, was present to answer questions of the Council. 12. READING AND PUBLIC HEARING - Resolution R-93-893 - Establishing a Community Center Advisory Committee and Appointing Members Mayor Newton opened the Public Hearing and read Resolution R-93-893 in its entirety. -5- CITY COUNCIL MINUTES JUNE 15, 1993 Ms. Barbara Brown, 813 John McCain, spoke concerning the raising of funds for the Community Center. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Councilperson Feigel stated she would like to see all nominees appointed to the Committee. councilperson Feigel moved to appoint the entire list of names that had been submitted to the Community Center Advisory Committee. The motion died for lack of a second. Discussion ensued among the Council regarding the staff liaison, source of names submitted, appointments of citizens that are not members of local organizations, and subcommittees. Councilperson McKnight suggested appointing the 13 stated names and additional volunteers at the regular council meeting of July 20. Councilperson Moore moved to approve Resolution R-93-893, giving direction to the City Manager to advertise for applications for additional appointments to be made at the regular City Council meeting of July 20, 1993. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, Mckain, Feigel, and McKnight None Mayor Newton declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-93-897 - Approving Sewer Line Extension Projects to be included in 1993 Bond Sale Mayor Newton opened the Public Hearing and read Resolution R-93-897 in its entirety. Mr. Rod Banks, 6100 Hunter Lane, read a letter addressed to the Council requesting sewer lines to their home. Ms. Dee Barker, 2200 Oak Knoll, spoke concerning citizens that have lived in Colleyville several years that are still not connected to the City I S sewer system. Mr. Terry Weiss, 4709 Behrens Road, spoke in opposition to the proposed Resolution. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. City Manager Bob stripling reviewed the process by which the priorities were established. Discussion ensued among the Council regarding the priority lists, cost to connect Hunter Lane to the City's system, other locations within the City with similar problems. City Manager Bob Stripling advised he would reevaluate Hunter Lane to possibly be included in the second phase of Plan A. Councilperson McKain moved to approve Resolution R-93-897. Councilperson Feigel seconded the motion. -6- CITY COUNCIL MINUTES JUNE 15, 1993 Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. TABLED ITEMS: 14. CONSIDERATION OF ORDINANCE 0-92-887 Amending Chapter 10 of the Colleyville Code by Modifying the Texas Manual on Uniform Traffic Control Devices as adopted by the City and providing for City Council review of placement of Stop Signs requested by Petition Councilperson McKain moved to remove this item from the table. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Discussion ensued among the Council regarding state law, what is best for Colleyville, amending Section 1 changing the 500 ft. radius to 750 feet, and the proposed recommendation regarding an ongoing committee. Ms. Betty Roth, 3315 Fox Glen Drive, spoke concerning the noise, safety, proposed recommendations, and sidewalk on Fox Glen Drive. Mr. Luke witgen, 3401 Fox Glen, spoke regarding the speed limit, sidewalks, and safety of children. Councilperson Feigel moved to approve Ordinance 0-92-887 as written. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ACTION ITEMS: 15. DISCUSSION AND CONSIDERATION OF CONTRIBUTIONS OF PUBLIC FUNDS TO PRIVATE ORGANIZATIONS Discussion ensued among the Council regarding the compliance of the State Constitution, the City Attorney being instructed to do legal research regarding this subject, Texas Municipal League opinions, written contracts with all organizations to whom the City gives funds, and the legal opinion given by the City Attorney. 16 . DISCUSSION AND CONSIDERATION OF CONSTRUCTION EASEMENT ON MCCRARY PROPERTY IN CHELSEA PARK councilperson Moore moved, Montes, that the letter from the City to Mr. and Mrs. McCrary stating the terms and conditions under which the City would accept an easement from the McCrary's and repair and restore their property be approved and that agreement be put in writing in a form acceptable to the McCrary's and the City Attorney. Ayes: Nays: Councilpersons Moore, Montes, and Feigel Councilpersons McKain and McKnight Mayor Newton declared the motion carried. -7- CITY COUNCIL MINUTES JUNE 15, 1993 STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 18. ZONING BOARD OF ADJUSTMENT MINUTES PARK AND RECREATION ADVISORY BOARD MINUTES ENVIRONMENTAL BOARD MINUTES There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Rick staples, 5706 ponderosa Street, spoke concerning the opinions of the Councilmembers, use of City funds, and the City Council listening to the citizens. Ms. Donna Kauffman, 1208 John McCain, spoke concerning the supporting of a grant for a Hazardous Waste Program to be applied for through the City of Fort Worth. Mr. Russ Kendzior, 3404 Huntington Drive, spoke concerning the water quality and his removal from the Environmental Board. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 15, 1993 - Reading and Public Hearing - Resolution R-93-895 Mayor Newton opened the Public Hearing and read Resolution R-93-895 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-93-895, approving the Bid Award for Telephone Purchase for City Hall and Engineering Building to Innovative Communications Systems, Inc., in the amount of $18,000 and approving the letter from the City as to the repairs and restoration of the McCrary's property in return for an easement and directing the City Attorney to prepare a mutually acceptable agreement reflecting same. Councilperson Moore seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ADJOURNMENT : 21. ADJOURNMENT There being no further business before the City Council, Councilperson Moore moved to adjourn. Councilperson McKain seconded the motion. Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the meeting adjourned at 11:25 p.m. -8- CITY COUNCIL MINUTES JUNE 15, 1993 APPROVED THIS r;tf.. DAY OP < JUly ~ NAYS, AND ~ ABSTENTIONS. , 1993, BY A VOTE OF ~ AYES, taken ;:;=.bY' Minutes -9-