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HomeMy WebLinkAboutCity Council-Minutes-10/19/1993 ~, MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER 19, 1993 The regular meeting of the City of Colleyville was called to order by Mayor Richard Newton on October 19, 1993, at 6:47 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, Director of Community Development Doug Henderson, Acting City Engineer Scott Dyer, City Attorney Ross Foster, and City Secretary Jean Harris were also present. The invocation was given by Councilperson Ed McKnight 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 - 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 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 r- during this time. The meeting was recessed at 6:49 p.m., and reconvened at 7:32 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 Mayor Newton presented Plaques to Mr. Ray Strait and Mr. Tom Michaels for their service on the Planning and zoning Commission and thanked them for their dedication and service. Mayor Newton presented a Proclamation to Mayor Pro Tem Ed McKnight for recel.vl.ng the 1st Place prize in Brisket at the Annual Colleyville Barbecue Cookoff. Mayor Newton recognized the Leadership Colleyville class and thanked them for attending the Council meeting. Mayor Newton explained that Councilperson Montes had written a letter to the Grapevine/Colleyville Independent School District and that he (Mayor Newton) had received a copy of Superintendent Thompson's reply. He stated he would not read the letter, but that the letter was requesting information regarding the District's bond election. Mayor Newton advised that this information was not requested by the City of Colleyville and that the Council did not authorize such a letter to be sent. Mayor Newton advised that the Council should take care that, in their elected capacity, they not to give the implication that such requests are made at the request of the City or the City Council. (' Councilperson Montes stated that he did not feel his request implied he was acting at the request of the City or City Council, but that Superintendent Thompson had made that assumption. -1- CITY COUNCIL MINUTES OCTOBER 19, 1993 __ Councilperson Montes requested that the statement he read during Item 7 also be attached and made a part of the minutes of October 5, 1993. councilperson Feigel requested the following changes to the minutes of October 5, 1993: Page 2, Item 3 - (correction to minutes of Council meeting of August 31, 1993), . . . without benefit of a thorough study, . Councilperson McKnight suggested the contents of the City Council minutes be put on the next regular agenda for discussion. Mayor Newton asked City Manager Bob stripling to include the discussion of the minute contents on the next regular Council agenda. Mayor Newton announced that the escrow figure in Item 3c should be changed to $73,252.50. Mayor Newton pointed out a statement had been added by the City to the City Developer Agreement for Ross Downs V adding a $310.11 fee per dwelling unit in lieu of dedication of park land. Councilperson McKain moved to approve Resolution R-93-937, as changed. Councilperson Moore seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -- PUBLIC HEARINGS: 4. THIRD 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. Mr. Jack Martin, 3503 Fox Glen, recommended approval of the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Feigel moved to approve Ordinance 0-93-923. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 5. SECOND 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 the caption of Ordinance 0-93- 924. ~ Mr. David A. Aanderud, 3301 Huntington Drive, spoke in opposition to the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Newton closed the Public Hearing. -3- CITY COUNCIL MINUTES OCTOBER 19, 1993 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-93-937 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 5, 1993 b. Approval of a lease award to RamTech in an amount not to exceed $31,410 for the portable building located at 5400 Bransford Road c. Approval of City-Developer Agreement for Kingswood Estates d. Approval of City-Developer Agreement for Ross Downs V Addition Mayor Newton opened the Public Hearing and read Resolution R-93-937 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. councilperson McKain read from, and requested the minutes be written in accordance with, the Texas Municipal Clerks and Secretaries Handbook. Councilperson Moore requested the following changes to the Minutes of October 5, 1993: Page 4, Item 5 - 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. Page 6, Item 8 - Councilperson Moore asked why action was being discussed on property we have no control over and stated the permits should be issued. councilperson Moore raised questions regarding Item b of Resolution R-93-937, regarding the cost of the proposed project. Councilperson Moore raised questions regarding Item d of Resolution R-93-937, regarding impact fees, the Volume and Page reference within the agreement, and perimeter street fees. Mayor Newton stated he appreciated Councilperson McKain making the point regarding the contents of the City council minutes and requested the following changes to the minutes of October 5, 1993: Page 1, Item 2 - . is in the process of doing a transportation study to address the regional interconnect issues. Page 1, Item 2 - . .he stated that county Community Development Block Grants were discussed as well as the rating system that will be used by the Council to evaluate these development grants. Page 3, Item 5 - Councilperson Montes read a six-minute statement. Councilperson Montes was not limited in the time allotted. Page 4, Item 6 - . to have the land platted Page 5, Item 7 - Mayor Newton said 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. Page 6, Item 7 - Mayor Newton read a letter written by Councilperson Montes and a statement of response, both of which are attached and made a part of these minutes. Page 5, Item 6 - 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. -2- CITY COUNCIL MINUTES OCTOBER 19, 1993 ~ Discussion ensued among the Council regarding a Memorandum from the City Manager dated October 15, 1993, the amount of work to be done, promises made to the citizens, completion time of the proposed projects, workload, and the responsibility of attaining the goals of the City. Councilperson Moore raised questions regarding the Police Officer being present in the audience. Mayor Newton explained that he had requested the presence of an officer at the Council meeting due to the threat Councilperson had made toward him (Mayor Newton) during the last City Council meeting. Councilperson Montes read a statement in response to Mayor Newton's explanation. Councilperson McKnight requested Councilperson Montes explain the threat he stated councilperson McKnight had made toward him (Councilperson Montes). Mayor Newton advised that this was not an item on the Council's Agenda and that there would be no further discussion. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-925 - Zoning change request for 1.553 acre tract out of the A. Caldwell Survey, Abstract 331, Tract 2D, from Ag to CC Mayor Newton opened the Public Hearing and read Ordinance 0-93-925 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued regarding proposed parking spaces. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-93-926 - Zoning change request for a 43,535.64 square foot tract, Lot 1, Block 1 of Carolyn's Addition, from AG to R20 Mayor Newton opened the Public Hearing and read Ordinance 0-93-926 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 8. READING AND PUBLIC HEARING - Resolution R-93-940 - Combination Preliminary Plan and Final Plat for Colleyville Shopping Village Addition Mayor Newton opened the Public Hearing and read Resolution R-93-940 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued regarding the final plat not being approved. Councilperson Feigel moved to approve Resolution R-93-930. councilperson Moore seconded the motion. ~ Ayes: councilpersons Moore, Montes, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. -4- CITY COUNCIL MINUTES OCTOBER 19, 1993 9. READING AND PUBLIC HEARING - Resolution R-93-939 - Allowing the placement of an additional portable building at 5400 Bransford Road Mayor Newton opened the Public Hearing and read Resolution R-93-939 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-93-939. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons McKain, Feigel, and McKnight Councilpersons Moore and Montes Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-93-941 - Authorizing the City Attorney to institute eminent domain proceedings to acquire easements for street and drainage project in Oaks and Briarwood Mayor Newton opened the Public Hearing and read Resolution R-93-941 in its entirety. Mr. Doug Blemings, 6000 Colts Neck Drive, spoke concerning the starting date and possible further delays. There were no others wishing to speak concerning this item and Mayor Newton closed the Public Hearing. City Manager Bob Stripling explained that the easements have not been easily acquired and that the project has been redesigned on numerous occasions. Councilperson McKain moved to approve Resolution R-93-941. Councilperson Montes seconded the motion. Ayes: Nays: Councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-93-942 - Amending Resolution R- 93-900, Section 2, allowing for eight members to be appointed Mayor Newton opened the Public Hearing and read Resolution R-93-942 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-93-942. Councilperson Montes seconded the motion. Ayes: Nays: councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -5- CITY COUNCIL MINUTES OCTOBER 19, 1993 ACTION ITEMS: 12. DISCUSSION AND CONSIDERATION OF A BID AWARD TO G.E. CAPITAL MODULAR SPACE IN AN AMOUNT NOT TO EXCEED $34,015 FOR THE PLACEMENT OF AN ADDITIONAL PORTABLE BUILDING AT 5400 BRANSFORD ROAD Councilperson McKain moved to award the bid to G. E. Capital Modular Space as presented. Councilperson Feigel seconded the motion. Discussion ensued regarding the estimated price provided to the Council previously being somewhat lower than the actual bid price. Ayes: Nays: Councilpersons McKain, Feigel, and McKnight Councilpersons Moore and Montes Mayor Newton declared the motion carried. 13. DISCUSSION AND CONSIDERATION OF ACCEPTING A WARRANTY DEED FROM TIMARRON LAND CORPORATION FOR A PEDESTRIAN TRAIL Mayor Newton requested both Items 13 and 14 be discussed jointly. Mr. Bryan Young, representing Explorer Pipeline, was present to answer questions of the Council regarding the proposed Pipeline. Discussion ensued among the Council regarding the direction of flow, the number of tankers, the purpose of the proposed pipeline, altitude of the helicopter "fly-overs" to check the pipeline, frequency of the "fly-overs," replacement of grass, and payment of franchise fees. Mr. David Fink, 6400 ponderosa Lane, representing the Environmental Board, spoke in opposition to this proposal. Ms. Susan Evans, Timarron Land Corp., was present to answer questions of the Council and spoke concerning the proposed warranty deed. Mr. Young stated that three streets were requested to be crossed. He asked where the Council was on taking action for those permits and spoke concerning eminent domain proceedings. 14. DISCUSSION AND CONSIDERATION OF GRANTING AN EASEMENT TO EXPLORER PIPELINE COMPANY This item was discussed jointly with Item #13. 15. DISCUSSION AND CONSIDERATION OF THE ENVIRONMENTAL BOARD 1993 ANNUAL REPORT Mayor Newton stated the report was well done, commended the Board, and raised questions regarding 40% reduction compliance, the household hazardous waste program, and value pricing format. Mr. David Fink, representing the Environmental Board, spoke regarding the relationship between the household hazardous waste program and the 40% reduction compliance. He also spoke concerning the value pricing format presentations given by Laidlaw. He stated that the pricing is based on the amount of recycled product picked up. ~ Discussion ensued among the Council regarding the Clean Cities 2000 Grant Program, the possibility of entering into other grant proposals, and what would be necessary to achieve the 40% reduction. Councilperson Feigel commended the Board and recommended more publicity for the programs. -6- CITY COUNCIL MINUTES OCTOBER 19, 1993 16. DISCUSSION AND CONSIDERATION OF A REQUEST FROM MR. KEN BUIE FOR THE CITY TO EXTEND A WATER LINE ON BILL SIMMONS ROAD This item was removed by the applicant, Mr. Ken Buie. STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 18. PARK AND RECREATION ADVISORY BOARD MINUTES ENVIRONMENTAL BOARD MINUTES ZONING BOARD OF ADJUSTMENT MINUTES PLANNING AND ZONING COMMISSION MINUTES Councilperson McKain pointed out that Ms. Marva Benton was not present at the last meeting of the Zoning Board of Adjustment. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Norman Dodson, 604 Saddlebrook, spoke concerning the action of the Council. He stated that he is embarrassed at the action of certain councilmembers in this meeting as well as others that have been shown on the Cable channel. Mr. Dodson recommended the Councilmembers that have not attended the Leadership Colleyville classes, do so. He further stated that he shares Mayor Newton's comments and views regarding the settlement of personal issues that exist between the Councilpersons and that the Council move forward, leading this City into the future. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 19, 1993 - Reading and Public Hearing - Resolution R-93-938 Mayor Newton opened the Public Hearing and read Resolution R-93-938 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Moore moved to approve Resolution R-93-938, approving the bid award to G. E. Capital Modular Space in an amount not to exceed $34,015 for the placement of an additional portable building at 5400 Bransford Road. Councilperson McKain 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 Montes seconded the motion. -7- CITY COUNCIL MINUTES OCTOBER 19, 1993 Ayes: Nays: councilpersons Moore, Montes, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 9:15 p.m. APPROVED THIS :l ~q DAY OF M \J tm b ( r ~ NAYS, AND ~ ABSTENTIONS. , 1993, BY A VOTE OF S AYES, Minutes taken and prepared by: ~e.fi~ City Secretary ~ -8-