HomeMy WebLinkAboutCity Council-Minutes-10/5/1993
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
OCTOBER 5,1993
The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on
October 5, 1993, at 6:44 p.m.
ROLL CALL: Councilpersons Jim Moore, Manny Montes, Cheryl Feigel, and Ed McKnight were present.
Mayor Richard Newton, City Manager Bob Stripling, Acting Director of Community Development Doug
Henderson, Acting City Engineer Scott Dyer, City Attorney Ross Foster, and City Secretary Jean Harris
were also present.
Councilperson Steve McKain arrived late, at 6:46 p.m.
The invocation was given by Councilperson Cheryl Feigel 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 - Oaks and Briarwood
paragraph e - land Acquisition - Sale and/or Acquisition of Property - Center Park Right of Way
paragraph f - legal - Litigation, Marie Powell Drainage
paragraph f - legal - Litigation, AAA Kennels
paragraph g - Personnel - Zoning Board of Adjustments
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
6:46 p.m., and reconvened at 7:29 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 Feigel announced that she and Mayor Newton had met with the Grapevine/Colleyville
Independent School District Board of Education Representatives and Dr. Jim Thompson, Administrator,
regarding potential school sites, the DARE Program, and sidewalks. She stated that further communication
will be had as school sites become more eminent.
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Mayor Newton announced that he had attended a Tarrant County Mayor's Council meeting. He advised
that the County Staff, working with COG (Council of Governments), is in the process of doing a
transportation study to address the regional interconnect issues. Mayor Newton stated the County will be
interacting with the City's staff and that updates should be received periodically. Mayor Newton also
advised that a presentation was made regarding interenvironmental issues on illegal dumping. He stated
that County Community Development Block Grants were discussed as well as the rating system that will
be used by the Council for these development grants.
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CITY COUNCIL MINUTES
OCTOBER 5, 1993
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-93-934 - Consent Items:
a. Approval of minutes of the regular City Council meeting of August 31, 1993
b. Approval of minutes of the regular City Council meeting of September 21, 1993
c. Approval of water well drilling permit at 7051 Caldwell Creek Drive
d. Approval of water well drilling permit at 7600 Windswept Trail
e. Approval of a waiver from the perimeter street improvement fees for Skaggs Addition,
requested by Lowell A. Skaggs
f. Approval of scheduling a Public Hearing on a request to move a portable building into the
City of Colleyville
Mayor Newton opened the Public Hearing and read Resolution R-93-934 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed the public
Hearing.
Councilperson Feigel requested items a and b be removed for discussion.
Councilperson Montes requested items e and f be removed as well.
Councilperson Feigel moved to approve Resolution R-93-934, with the exception of Items a, b, e, and f.
Councilperson Moore seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight
Nays: None
Mayor Newton declared the motion carried.
Item A
Councilperson Moore requested the following changes to the Minutes of August 31, 1993:
Item 13, Page 7. add a sentence stating "the Resolution was withdrawn"
Item 14, Page 7, fourth line from the bottom of the page, add "Councilperson Moore clarified that this
Resolution is to state the Council's intent to raise the tax rate, not to set a tax rate. Mayor Newton and City
Attorney Ross Foster agreed."
Councilperson Feigel requested the following changes to the Minutes of August 31, 1993:
Item 5, Page 3 (August 31, 1993), give reason for Mr. Moore abstaining on the motion {-e~
Item 18, Page 9, add paragraph after Discussion ensued. . . ."The City Engineer commenft8d that original
cost projections were rough estimates iIW without benefit of a thorough study, Arter the situation was
viewed more closely, it was determined that $20,000 would accomplish drainage requirements as per the
Ordinance. Councilperson Feigel stated that if the Council is dissatisfied with what the Ordinance requires
that the Ordinance must be changed in order to legally require more."
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CITY COUNCIL MINUTES
OCTOBER 5, 1993
Mayor Newton requested the following changes to the Minutes of August 31, 1993:
Item 7, Page 5, Ms. Dee Barker. . . remove "fill in the flood plain"
Item 10, Page 6, "Mayor Newton noted that Councilpersons Moore and Montes did not attend the Budget
worksession the night before and read his proposal concerning the budget."
Councilperson Montes requested the following changes to the Minutes of September 21, 1993:
Item 5, Page 3, Paragraph 2, Mr. Tom Hart read a statement. . . . .Mr. Montes asked that the minutes
referred to in this item be verified for this statement.
Item 5, Page 3, add to the third line from the bottom "Councilperson Montes read a 6 minute statement."
Item 5, Page 4, "Mayor Newton relinquished the chair to . . . . (add) and made a 39 minute presentation."
Councilperson Moore requested the following changes to the Minutes of September 21, 1993:
Item 5, Page 3, Paragraph 4 from the bottom of the page, " Councilperson Moore spoke. . . . . . (add) in
answer to Mr. Ed Baker's Allegations."
Councilperson Feigel requested the following changes to the Minutes of September 21, 1993:
Item 5, Page 4 - "Councilperson Feigel stated. . . (add) she read a budget proposal with a tax rate of
$.3100."
Mayor Newton requested the following changes to the Minutes of September 21, 1993:
Item 8, Page 5, Paragraph 2, change the last line to "critical public service staffing issue."
Item 5, Page 3 "Councilperson Montes read a 6 minute statement. . . (add) Councilperson Montes was not
limited to the time allotted for that statement."
Councilperson McKnight moved to approve Items a and b of Resolution R-93-934.
Councilperson Feigel seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight
Nays: None
Mayor Newton declared the motion carried.
Item E
Councilperson McKain moved to approve Item e of Resolution R-93-934.
Councilperson Feigel seconded the motion.
Ayes: Councilpersons Moore, McKain, Feigel, and McKnight
Nays: Councilperson Montes
Mayor Newton declared the motion carried.
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CITY COUNCIL MINUTES
OCTOBER 5, 1993
Item F
Councilperson Moore requested that the Finance Director be relocated into a larger office.
Councilperson McKain moved to approve Item f of Resolution R-93-934.
Councilperson Feigel seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight
Nays: None
Mayor Newton declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-93-923 - School Zone in Fox
Meadows
Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-93-923.
There was no one present wishing to speak concerning this item and Mayor Newton closed the Public
Hearing.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-924 - Adopting the budget for the
Municipal Drainage Utility System Fund
Mayor Newton opened the Public Hearing and read Ordinance 0-93-924 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Newton closed the Public
Hearing.
Councilperson Moore repeated his objection to another layer of bureaucracy concerning the Drainage Utility
District and the hiring of an engineer for the district since the City Manager had said previously the current
staff would handle the Utility District.
Councilperson Montes read a six-minute statement. (Councilperson Montes was not limited in the time
allotted.)
City Manager Bob Stripling explained that additional personnel is needed to accomplish proposed projects
and that if additional personnel are not hired the proposed projects would suffer.
ACTION ITEMS:
6. DISCUSSION AND CONSIDERATION OF REQUEST FROM MR. BUIE FOR CITY
PARTICIPATION IN WATER LINE CONSTRUCTION ON BILL SIMMONS ROAD
City Manager Bob Stripling reviewed Mr. Buie's request and stated that this is not one of the lines
recommended for upgrade. Mr. Stripling recommend that the City not participate since the City's
participation would require a change in the established priority list.
Discussion ensued among the Council regarding the distance of the structure from the nearest fire hydrant,
possible changes in the installation, the use of Impact Fees for this request, where this project is located
on the priority list, the number of neighborhoods in the same situation, the City's Master Plan, the number
of homes affected on Bill Simmons Road, easements, condemnation, and prioritization.
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CITY COUNCIL MINUTES
OCTOBER 5, 1993
Mr. Ken Buie, 529 Brookview, owner of 1.94 acres on Bill Simmons Road since 1974, expressed his desire
to have the land platted, and have a water line installed to his property. Mr. Buie spoke concerning the
property owners in the area donating easements for the proposed water line.
Chief "Red" Bailey, spoke concerning linking the lines, problems with pressure, and water volume.
Councilperson Feigel expressed her concern for the difficult situation Mr. Buie is in and stated she wants
to help as much as possible. She spoke concerning the expense to the taxpayers, fairness to all citizens,
and similar situations that have been turned down in the past.
City Manager Bob Stripling stated that the property owners are responsible for building the line, that the City
installing the line is not in accordance with the City's policies, that the installation is too expensive for a
single owner to pay, that other locations are in greater need, and that the current plans indicate that this
line will eventually be built.
Councilperson McKnight spoke concerning the addition of one more home on Bill Simmons Road and
suggested allowing Mr. Buie to escrow the monies for the water line and allow him to build his home.
Councilperson Moore raised questions regarding liability for not having adequate fire protection.
Councilperson McKnight moved to allow Mr. Buie to escrow $5,000 and issue the building permit when
application is made.
Councilperson Feigel seconded the motion
Ayes: Councilperson McKnight
Nays: Councilpersons Moore, Montes, McKain, and Feigel
Mayor Newton declared the motion denied.
Councilperson McKnight pointed out that Councilperson Montes' "nay" vote to the motion was in opposition
to the suggestion he just made and that he should have voted "aye" if he was serious.
Councilperson Montes suggested that this proposed water line be put on the top of the priority list. He also
stated he did not desire to remove a project from the priority list, but just to add this project to the present
priority list.
7. DISCUSSION AND CONSIDERATION OF CLAIM BY COUNCILMEMBER MANNY MONTES
THAT HIS CIVIL RIGHTS WERE VIOLATED BY MAYOR RICHARD NEWTON, CLIFF CARR
AND THE CITY OF COLLEYVILLE
Councilperson Montes read a statement (attached hereto and made a part of these minutes) regarding the
City Council meeting of September 21, 1993, and regarding the claim of his civil rights violations. He also
referred to a newspaper article where a school principal stopped a pep rally due to racist interruptions.
City Attorney Ross Foster recommended that discussion cease due to the possibility of litigation.
Mayor Newton asked what Councilperson Montes' intentions are.
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Councilperson Montes advised that he had filed a complaint with the FBI and would be going to Austin to
see the Attorney General. He also stated he has been threatened and is embarrassed that the Mayor did
nothing during the meeting of September 21, 1993, to stop the citizens from making "racial and bigoted"
remarks toward him (Councilperson Montes).
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CITY COUNCIL MINUTES
OCTOBER 5,1993
City Attorney Ross Foster again cautioned Mayor Newton on allowing discussion of this issue.
Councilperson Feigel stated objections to allowing the discussion of this item. She stated that should this
go to court any citizen could be implicated.
Councilperson Moore inquired as to whether this cautioning was for the Councilmembers or for citizens as
well as Councilmembers.
City Attorney Ross Foster stated that there could be a distinct possibility that anyone could be included in
the law suit and could be made to pay damages because of comments made.
Mayor Newton advised that three citizens, Cliff Carr, Russ Kendzior, and Suzie Grundy were signed up to
speak on this issue and he recommended that they be allowed to speak.
Councilperson Montes stated that the citizens have the right to say what they want, and that he felt the City
Attorney was trying to use fear tactics to keep the citizens quiet.
Mayor Newton polled the Council concerning allowing the citizens to speak.
Allow - Councilpersons Moore and Montes
Disallow - Councilpersons McKain, Feigel, and McKnight
Mayor Newton advised that there would be no discussion from the citizens.
Mayor Newton read a letter written by Councilperson Montes and a statement of response (both of which
:- are attached hereto and made a part of these minutes).
8. DISCUSSION AND CONSIDERATION OF PROPOSED EXPLORER PIPELINE
Mr. Jim Schmulen, 3616 San Bar, member of the Environmental Board, spoke concerning emergency
coordination, preservation of public safety, additional signs, and tests. He thanked explorer Pipeline for their
cooperation on this project.
Mr. Russ Kendzior, 3404 Huntington Drive, stated pipelines of this nature usually leak, that fresh water
contamination is possible, that they are costly, that they have a history of water contamination, and that soil
could be contaminated. He raised questions regarding the sampling of the water, clean up of spills,
evacuations in the event of a leak or spill, liability, and the inclusion of a vendor clause.
Ms. Susan Evans, President of Timarron Land Corporation, spoke concerning alternatives regarding the
location of the proposed pipeline.
Discussion ensued among the Council regarding the proposed alternatives, possibility of moving the pipeline
to the opposite side ofthe railroad tracks, restoration of trees removed, restored habitats, Colleyville Nature
Center, the number of trees taken out in Colleyville, restoration plans, corrosion, and the $500 bond
required for each street.
Councilperson Moore asked why action was being discussed on property we have no control over and
stated the permits should be issued.
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Mr. R. Scott Van Dyke, P. O. Box 2650, Tulsa, Oklahoma, answered questions of the Council regarding
liability, environmental risks, permits to cross three Colleyville Streets, pressure at which the tests will be
done, fire drills, aerial viewing, the periodical relocation of lines, and the right-of-way clarity.
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CITY COUNCIL MINUTES
OCTOBER 5, 1993
Mr. Jim Sieck, P. O. Box 2650, Tulsa, Oklahoma, answered questions regarding liability and soil
contamination. He stated the proposed line would carry gas and diesel fuel through Colleyville .
Ms. Donna Kauffman, 1208 John McCain Road, representing the Environmental Board, spoke concerning
the location of the proposed pipeline.
Mr. Bryan Young, P. O. Box 2650, Tulsa, Oklahoma, answered questions regarding the path of the
proposed pipeline.
Mr. Schmulen recommend that the City have some input regarding the affected area within the City of
Colleyville.
Mr. Jeffrey Wenzell, 6846 S. Canton, Tulsa, Oklahoma, spoke concerning corrosion inside the pipeline.
It was the consensus of the Council to allow for the construction of the proposed pipeline through the City
limits with a solution to the horizontal and vertical location of the pipeline to be determined through
negotiations between the City Manager, Timarron Land Corporation, and Explorer Pipeline.
9. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO ZONING BOARD OF
ADJUSTMENT
Councilperson Montes nominated Marva Benton to be reappointed to the Alternate #1 position.
Councilperson McKain nominated Mark Clifton to be appointed to the Alternate #1 position.
No other nominations were made.
Marva Benton - Councilpersons Moore, Montes, and Feigel
Mark Clifton - Councilpersons McKain and McKnight
Mayor Newton declared Ms. Marva Benton reappointed to the Alternate #1 position of the Zoning Board
of Adjustment.
10. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO TRAFFIC SAFETY COMMITTEE
Discussion ensued regarding amending Resolution R-93-900, to allow for more than five members to the
Traffic Safety Committee.
Councilperson Montes moved to appoint all applicants, Jana Tracy, Louise Halprin, Betty Roth, John V.
Loiselle, James B. Wright, Philip M. Nardecchia, Ben fulghum, and frank Manzare.
Councilperson McKain seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, feigel, and McKnight
Nays: None
Mayor Newton declared the motion carried.
It was the consensus of the Council to amend Resolution R-93-900 at the next regular Council meeting.
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CITY COUNCIL MINUTES
OCTOBER 5, 1993
REPORTS:
11. PLANNING AND ZONING COMMISSION MINUTES
ZONING BOARD OF ADJUSTMENT MINUTES
There was no action taken on this item.
CITIZEN COMMENTS:
12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA
There was no one present wishing to speak.
ACTION/RESOLUTION:
13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA
ACTION FOR THE MEETING OF OCTOBER 5,1993 - Reading and Public Hearing - Resolution
R-93-935
Mayor Newton opened the Public Hearing and read Resolution R-93-935 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-93-935, approving the minutes of the regular City
Council meetings of August 31, 1993, and September 21, 1993, as amended; approving the waiver of the
perimeter street improvement fees for the Skaggs Addition as requested by Lowell A. Skaggs.
Councilperson Montes seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight
Nays: None
Mayor Newton declared the motion carried.
ADJOURNMENT:
14. ADJOURNMENT
There being no further business before the City Council, Councilperson McKain moved to adjourn.
Councilperson Montes seconded the motion.
Ayes: Councilpersons Moore, Montes, McKain, Feigel, and McKnight
Nays: None
Mayor Newton declared the meeting adjourned at 10:40 p.m.
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CITY COUNCIL MINUTES
APPROVED THIS J91l- DAY OF tfJ~/()/;.f.r
NAYS, AND ----'2- ABSTENTIONS.
Minutes taken and prepared by:
()dA~~ ;J~
J:C:S~ CMC
City Secretary
OCTOBER 5, 1993
I 1993, BY A VOTE OF ~ AYES, --12-
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