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HomeMy WebLinkAboutCity Council-Minutes-1/21/1992 MINUTES OF COLLEYVILLE CITY COUNCIL JANUARY 21, 1992 The regular meeting of the city Council of the City of Colleyville was called to order by Mayor Pro Tern Ed McKnight on January 21, 1992, at 6:50 p.m. Roll Call: Councilmembers Linda Ahlers, Richard Newton, Steve McKain, and Cheryl Feigel were present. Mayor Pro Tern Ed McKnight, City Manager Bob Stripling, Assistant city Manager David 1. Draz, Jr., Director of Community Development John Warden, city Engineer Mike Jones, Finance Director Terry Leake, City Attorney Ross Foster, and City Secretary Jean Harris were also present. councilperson Cheryl Feigel gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of January 7, 1992, and Special Called Meeting of January 13, 1992 Councilman Newton asked that the last sentence of Item No. 6 in the Minutes of January 7, 1992, be deleted. Councilperson Ahlers moved to approve the Minutes of January 7, 1992, as amended and the Minutes of January 13, 1992, as written. Councilman Newton seconded the motion. Ayes: councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. 2. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property paragraph f - Legal - Litigation - School Site Special Use Permit paragraph g - Personnel - Consideration of Park Board Appointments paragraph g - Personnel - Consideration of Appointment of Mayor Mayor Pro Tern McKnight 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 7:05 p.m., and was reconvened at 8:05 p.m. 3. POSSIBLE ACTION FROM EXECUTIVE SESSION - In accordance with Article 6252- 17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property paragraph f - Legal - Litigation - School Site Special Use Permit paragraph g - Personnel - Consideration of Park Board Appointments paragraph g - Personnel - Consideration of Appointment of Mayor Mayor Pro Tern McKnight stated there would be no action taken on this item. -1- CITY COUNCIL MEETING JANUARY 21, 1992 CORRESPONDENCE: Mayor Pro Tern McKnight read Mayor Hawkin's resignation letter and wished him the best in his endeavors to seek a position in the Texas House of Representatives. MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: councilperson Cheryl Feigel distributed copies of information from meetings she has attended. CONSENT: 7:30 P.M. 4. READING AND PUBLIC BEARING - Resolution R-92-740 - Consent Items: a. Approval of Interlocal Agreement with GrapevinejColleyvil1e Independent School District for DARE Officer Services b. Approval of City-Developer Agreement for Hollowbrook c. Award of Bid for Microcomputer Equipment Purchase Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-740 in its entirety. There was no one present to speak concerning this item, and Mayor Pro Tem McKnight closed the Public Hearing. councilperson Feigel moved to approve Resolution R-92-740. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. PUBLIC BEARINGS: 5. READING AND PUBLIC BEARING - Resolution R-92-743 - Canvass of the Charter Amendment Election held January 18, 1992, in Accordance with Section 67.003 of the Election Code of the State of Texas Mayor Pro Tem McKnight opened the Public Hearing and read Resolution R-92-743 in its entirety. Suzy Grundy, 209 timberline North, spoke concerning the articles in the newspapers stating she did not agree with the quotes made by Councilman Newton and City Manager Bob Stripling regarding the Charter Amendment Election held on January 18, 1992. There was no one else in the audience wishing to speak and Mayor Pro Tem McKnight closed the Public Hearing. Councilman McKain asked the City Attorney how long the City would have to wait before having another Charter Amendment Election. Ross Foster stated two years was the minimum. Councilman Newton moved to approve Resolution R-92-743. -2- CITY COUNCIL MINUTES JANUARY 21, 1992 councilperson Feigel seconded the motion. Ayes: Nays: councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 6. READING AND PUBLIC HEARING - Resolution R-92-744 - Request of Chandler Cantrell Properties, Inc., Case P-92-938, Replat, 2.646 acre tract out of the C. C. Doss Survey, Abstract 439, Summertree III Addition, Lots 5 & 6, Block 6 - Summertree Addition, Lots SAR, SBR & 6R, Block 6 (Red Oak Court East) Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-744 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilman Newton stated he did not believe any changes had been made since the Planning and Zoning Hearing and moved to approve Resolution R-92-744. Councilperson Ahlers seconded the motion. Ayes: Nays: councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-92-739 - Designating the City Manager as being responsible for acting for and on behalf of the City of Colleyville in dealing with the Texas Parks and Wildlife Department for the purpose of participating in the Land and Water Conservation Fund Act of 1965; certifying that the City of Colleyville is eligible to receive assistance under such program Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-739 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilman McKain moved to approve Resolution R-92-739. Councilman Newton seconded the motion. Ayes: Nays: councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-92-742 - Request of M. T. properties, Inc., Case P-91-924, preliminary Plan, 31.037 acre tract out of the D.R. Blanton Survey, Abstract 233, tracts lA, 1A2, 1A3, 1A1A, 1B; and the J. L. Byas Survey, Abstract 180, tract 1A - Kingswood Estates (east side of Bluebonnet) Mayor Pro Tern McKnight stated based on previous conversation between the Council, this item would be removed from the Agenda. -3- CITY COUNCIL MINUTES JANUARY 21, 1992 9. READING AND PUBLIC HEARING - Resolution R-92-74S - Approving site plan for the Mill Creek Park Site Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-74S in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilman McKain moved to approve Resolution R-92-74S. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-92-746 - Authorizing the execution of a "Paying Agent/Registrar Agreement" for the General obligation Bonds, Series 1992 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-746 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilman Newton moved to approve Resolution R-92-746. Councilman McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 11. 3RD READING AND PUBLIC HEARING Ordinance 0-91-852 Approving implementation in the City of Colleyville of a change in rates charged by Tri-County Electric cooperative, Inc., for Electric Utility Service - TABLED There was no motion to remove this item from the "table;" therefore this item remains TABLED. 12. 3RD READING AND PUBLIC HEARING - Ordinance 0-91-855 - Amending Master Plan Thoroughfare Plan to remove Caldwell Hughes Road from the John McCain to Tinker Road as a minor collector Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-91-855. There was no one present to speak concerning this item and Mayor Pro Tern MCKnight closed the Public Hearing. Councilperson Feigel suggested delaying action on this item until action could be taken on Items No. 13 and 14. Councilman McKain stated he had no problem addressing this item individually. Mayor Pro Tern McKnight stated he would open the Public Hearing on Item No. 13, Ordinance 0-91-848 so that both items could be discussed. -4- CITY COUNCIL MINUTES JANUARY 21, 1992 After discussion of Items 13 and 14, Councilperson Ahlers moved to table Ordinance 0-91-855. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 13. 3RD READING AND PUBLIC HEARING - Ordinance 0-91-848 - Amending the Zoning Ordinance of the city of Colleyville, Texas, by amending the official zoning map and changing the zoning of Harrell Hughes Survey, Abstract 656 (45.470 Acres), a portion of Tract 4, 3, 3A, and the H. F. Wall Survey, Abstract 1973, a portion of Tract 1A in the City of Colleyville, Texas, from AG to PUD-R; providing a penalty and authorizing publication Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-91-848. Suzy Grundy, 209 Timberline North, raised a question concerning the drainage. Mayor Pro Tern McKnight stated the water drains toward the railroad tracks and toward John McCain. Mayor Pro Tern McKnight asked if there was anyone else wishing to speak concerning this item. There being none, Mayor Pro Tern McKnight closed the Public Hearing Councilperson Feigel stated she had questions of the applicant and advised the applicant that the incorporation of the open space into the City's park system will not work in the manner discussed previously. She stated that after discussing this with the City Attorney, he stated either a specific date should be decided on, or the attorney would have to come up with some wording to make it possible to describe a point and time when that link is made. Mr. Raman Chandler, applicant, stated that he anticipated the language and the appropriate documents could be drawn during the platting process. He stated he wanted to work out an arrangement of taking the responsibility of developing the park area and maintaining it until such time as the city develops a linear park that would come to the boundaries of this development. At that time, the deed restrictions would specify, this would become a part of the City'S park system. He stated they are willing to make this property available to the City with some specific qualifications and that it would be done in compliance with the PUD-R Zoning. He stated the access to the park area would be as a linear park; therefore, entering from either end, not through the subdivision. He stated he would like to have an access through the subdivision for homeowners within the subdivision only. He also stated he would like to dedicate the property along the railroad track to the city as a park, but preserve a 20' strip along the lots that back-up to that property as private property. That property would be deeded to the property owner so that signs could be posted stated it is private property. Councilperson Feigel stated she had discussed this item with the City Attorney, and that he advised this is a unique situation and that the City has two options; one being to have the land dedicated when the public utilities are dedicated; or two being, to have the City Attorney look at this to see that the wording is appropriate for dedication at a later date. Mr. Chandler stated the wording and documents could be worked out during the platting process. He stated the basic intent is to make this property available to the City if they want it, but within the guidelines of the PUD-R Zoning. Councilman McKain asked what a reasonable time would be to turn the property over to the City. -5- CITY COUNCIL MINUTES JANUARY 21, 1992 Mr. Chandler stated he did not feel it could be based on a specific date, but would be turned over to the City at such time as a linear park was developed to the boundary of this subdivision. Councilperson Feigel stated she felt there was an agreement on what was to happen with the property, but that the wording needed to be worked out. She stated the City Attorney was not comfortable with the wording being just in the deed restrictions, but felt it should be also included in the Ordinance. She stated she too felt it should be put in the Ordinance. Councilperson Feigel also stated she wanted it worked out properly in the event the Council is faced with this same situation in the future. Mr. Chandler stated he did not feel this is a reason for not allowing his company to move forward into the platting process. He also stated he did not see a problem with working this out and that this could be provided for in the deed restrictions. Mr. Foster stated if the Ordinance is approved as written, the City may not have any authority to require any changes. Mayor Pro Tern McKnight stated due to projects in the past and the legal problems the City has encountered, he feels the Council is trying to avoid those same type problems. He stated he has no problem with the proposal; however, he understands the Councilmembers' concerns. Councilman McKain stated if the Council and the applicant are comfortable with the plan for Mr. Chandler to develop the park and maintain it for a time that a time should be designated, not necessarily a specific date, but maybe an event. Councilman McKain asked why propose the plan in this manner rather than dedicate the land to the City at this time. Mr. Chandler stated that unless this property becomes a linear park, the homeowners will be responsible for the maintenance and upkeep; therefore, he stated he would like to see that the park is developed prior to the dedication. He stated that he would be willing to dedicate the property tonight, with the stipulation that if the park is not developed in a reasonable time, the property would revert back to the property owners. councilperson Feigel stated that the City Attorney had stated that scenario would be possible, but not tonight, due to the time needed to produce the proper papers. She stated she understood that Mr. Chandler was trying to get this approved by Council this evening, but that she did not realize the legal ramifications. She stated that with some time the wording could be worked out. Councilperson Ahlers asked if this could be accomplished by the next regular Council meeting. She also stated that if there were other concerns they should be addressed tonight, so that this would not be delayed further. Mr. Foster stated he felt the Ordinance with the proper wording could be ready by the next regular Council meeting. Councilman Newton asked if the deed restrictions had been written to the Council's satisfaction. Councilman McKain stated he had no concerns with the deed restrictions. In answer to a question of councilperson Feigel, Mr. Chandler advised the type of roofing had been included in the revised deed restrictions. Councilman Newton asked about the lot in the northwest corner having a retention pond that would require maintenance as a part of that lot that would be owned by an individual. He stated that if this was going to be a significant structure, he would be more comfortable having the homeowners association maintain it rather than the individual owner of that lot. -6- CITY COUNCIL MINUTES JANUARY 21, 1992 Mr. Chandler stated that at this time they do not know how extensive this retention pond will be, but that he did not anticipate it being a large project. He stated a drainage easement would be impressed on that lot if necessary. He also stated it would be the responsibility of the homeowners association to maintain the pond. Councilman Newton asked if this could be written into the documents that govern the homeowners association. Mr. Chandler stated it would be written into the deed restrictions as it is in other subdivisions within the city. Councilman Newton raised a question concerning the width of the street on the west side of the subdivision at the point it intersects with McCain. He also asked if the street widths or changes in lots can be considered during the platting process. Mr. Chandler stated he believes the roadway is 50' at the point it intersects with McCain. Mr. Foster stated no substantive changes could be made during the platting process. Councilman Newton stated he had concerns with the drainage structure on the lot as discussed and building set-backs, especially on the sides of the houses. He stated Mr. Chandler may want to adjust the width of the street entering onto Mccain, depending on the look the developer is trying to accomplish. In answer to questions of Councilperson Feigel, Mr. Chandler stated the lot at the northwest corner is not open space, that it is one large lot that will include a pond or a drainage structure and that the lots could be rep1atted or additional easement could be added to those lots in order to widen the street at that point. In answer to a question of Councilman Newton regarding the application of note #4 of the site plan, Mr. Chandler stated it was where street "A" enters McCain Road. He stated that note provides the developer the option of installing a controlled access gate with a culdesac area so that people could not come and go freely in the event the open space of the subdivision did become park area, but they would have the culdesac area for turning around. He also stated this would be mainly for those residents living on street "A". He explained this would help create a buffer between the homeowners and the users of the park and that this makes the homes on street "A" more desirable. Councilman Newton stated he feels the plan should be shown as the developer expects to build. Mr. Foster stated this would be a substantive change and should be shown on the plans along with the easement on the northwest lot. He also stated the wording he was going to propose would be the dedication of the property to the City, with the developer retaining the right to the property until such time as the City owned land that abutted the property. Mr. Chandler stated he was not sure he was comfortable with the concept explained by Mr. Foster, but that he is willing to work with the City Attorney and the City Manager toward some equitable wording. Councilperson Feigel stated that if the land is dedicated at this time, the City would maintain that property; however, if the land is not dedicated until some time in the future, the homeowners would be responsible for maintenance until the time the property is dedicated to the city. ,/- Mr. Stripling stated he would like to see the property dedicated at this time, giving the developer and property owners of the subdivision the rights to the property until such time as the City owns land abutting the property. -7- CITY COUNCIL MINUTES JANUARY 21, 1992 Councilperson Ahlers moved to table this item, giving the Developer time to meet with the City Manager and the City Attorney to work out the details as discussed to be presented at the next regular Council meeting. Councilman Newton seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. Councilperson Feigel thanked Mr. Chandler for his patience concerning this item. 14. 3RD READING AND PUBLIC HEARING - Ordinance 0-91-849 - Amending the Zoning Ordinance of the City of Colleyville, Texas, by amending the official zoning map and changing the zoning of the Harrell Hughes Survey, Abstract 656 (12.889 Acres), a portion of Tracts 4, 3, 3A, and the H. F. Wall Survey, Abstract 1973, a portion of Tract 1A to the City of Colleyville, Texas, from AG to R-20i providing a penalty and authorizing publication Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-91-849. There was no one present to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilman Newton raised a question concerning the plan indicating the platting of R-30 and R-40 initially. Mr. Chandler stated the plat has been changed to show 4 - 30,000 square ft. lots and 4 - 40,000 square ft. lots fronting on McCain Road. Councilman Newton asked that the record show the developers initial intent was to plat this R Zoning as R-30 and R-40 size lots. Councilman Newton moved to approve Ordinance 91-849. In answer to a question of Councilman McKain, Mr. Chandler stated he would like to see this item tabled also, and that approval of these two items from the Council be done at the same time. Councilman Newton withdrew his motion to approve. Councilperson Ahlers moved to table Ordinance 0-91-849. Councilman Newton seconded the motion.. Ayes: Nays: councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 15. 3RD READING AND PUBLIC HEARING - Ordinance 0-91-854 - Authorizing issuance of $2,750,000 of General Obligation Bonds for Street, Drainage, and Park Improvements Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 91-854. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. -8- CITY COUNCIL MINUTES JANUARY 21, 1992 City Manager Bob Stripling thanked the Bond Counsel and commended Ed Esquivel of Fulbright & Jaworski, Boyd London of First Southwest Company, Michelle Pemberton of First Southwest Company, and Finance Director Terry Leake for doing a fine job in the bond process. Mayor Pro Tern McKnight commended City Manager Bob Stripling also for the part he played in the bond process. Councilman Newton moved to approve Ordinance 0-91-854. Councilman McKain seconded the motion. Ayes: Nays: councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 16. 2ND READING AND PUBLIC HEARING - Ordinance 0-92-856 - Amending the Zoning Ordinance to allow two real-estate sales offices per subdivision Mayor Pro Tern MCKnight opened the Public Hearing and read the caption of Ordinance 0-92-856. Mr. Mark Howe, 3100 Carisbrook Court, was present and stated he would like to see something in the ordinance regarding the length of time the two real-estate sales offices are allowed. councilman Newton stated he would also like to see some criteria in the Ordinance concerning the length of time the two real-estate sales offices are allowed. 17. 1ST READING AND PUBLIC HEARING - Ordinance 0-92-857 - Request of James Gillham, Case Z-91-934, Zoning Change from AG to R40, 3.03 acre tract out of the John Gilmore Subdivision, Lots 1, 2, and 3 (6004 Bettinger) Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-92-857 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 18. 1ST READING AND PUBLIC BEARING - Ordinance 0-92-858 - Request of Herbert & Yvonne Dornberger, Case Z-91-93S, zoning Change from AG to R20, 1.00 acre tract out of the A. J. Caldwell Survey, Abstract 331, tract 2J (1309 Tinker Road) Mayor Pro Tern MCKnight opened the Public Hearing and read Ordinance 0-91-858 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 19. 1ST READING AND PUBLIC HEARING - Ordinance 0-92-859 - Amending the Master Plan Thoroughfare Plan to remove Wyatt Drive as a Major Collector Upgrade Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-92-859 in its entirety. Mr. Mark Howe, 3100 Carisbrook Court, was present concerning this item and stated he would answer any of the Council's questions. -9- CITY COUNCIL MINUTES JANUARY 21, 1992 Mayor Pro Tem McKnight asked if there were others in the audience to speak concerning this item. There being none, Mayor Pro Tem McKnight closed the Public Hearing. Councilman Newton asked the staff to comment regarding their concerns relating to the impact of recent zoning as outlined in the Council briefing. Councilman Newton asked if the staff was discouraging the approval of this Ordinance. Mr. Warden stated that was not the intent, but that the decision should be made with the deliberate intent to provide a collector street by some other means and would recommend a study. In answer to a question of Councilman McKain regarding the 7/0 vote of the Planning and Zoning Commission, Chairman Tom Michaels, 6001 Montford, stated the Planning and Zoning Commission took a long look at this request. He referred to the map provided and discussed the development changes that have taken place in the past years. He stated after much studying the Planning and Zoning Commission decided that Wyatt Drive is a non-effective roadway; therefore, making the recommendation to make Wyatt a non-collector street. In answer to a question of Councilman Newton, Mr. Michaels stated he did not feel there would be an impact whether action on this waited until after the Master Plan Thoroughfare Development is completed or not. He also stated this would totally remove Wyatt Drive from the Master Plan. Mr. Michaels stated the Planning and Zoning Commission had discussed with the Developer of the Wyatt tract, as a part of his PUD-R, to put a turn-around area in place. ACTION ITEMS: 20. DISCUSSION AND CONSIDERATION OF DRAINAGE STUDY FOR AREA SOUTH OF HARDAGE ESTATES Mayor Pro Tem McKnight advised the Council that this item was put on the agenda at the request of Councilman McKain regarding the drainage around Hardage Estates. Councilman McKain explained that the recent rains have demonstrated problems along this corridor and that this is not a result of problems with the land itself, but with several subdivisions that have been developed in the area and have created problems for the homeowners. He stated that one of the homeowners suffers from water draining diagonally across her property from the northeast corner to the southwest corner and renders an area on the north side of her property useless. He also stated the water separates access to the garage from her home. Councilman McKain distributed photos of the area showing the flooding and explained the photos as to their location. He stated that the City Manager is prepared to present to the Council in March a proposed ranking system determining storm drainage priorities. He also stated that these are on-going problems and that he would like to see a drainage study done on this area now and that some intermediate solutions and resolutions occur until some permanent resolution can be made. Mr. James Waller, 6113 Waller Lane, Mr. Gerald Styles, 101 Bogart Drive, Mr. L. J. Morrison, 809 Shelton, and Ms. Aloha Middleton, 5916 Pleasant Run Road, were present concerning this item. They explained the problems each of them is having with the drainage in the area of Hardage Estates. Mayor Pro Tern McKnight thanked these residents for presenting their concerns to the Council and advised that the City Council is also concerned with these drainage problems. He also explained that the City has some financial problems that must be addressed. He advised that some ditches and culverts have been cleaned to help in the drainage of some areas within the city. -10- CITY COUNCIL MINUTES JANUARY 21, 1992 Councilperson Ahlers asked for an update on correspondence with the developers of Hardage Estates concerning their part in helping to remedy these problems. Councilman McKain advised that in May, 1991, the City sent a letter to Mr. Tipton, consulting Engineer, and received no response. In August, 1991, a follow-up letter was sent and a response was received indicating they would assist in remedying the problem. The final resolution they offered would require an assignment of easement diagonally across two of the property owners land into the street. The property owners declined the offer due to the devalue it would cause to their property. In answer to a question of Councilman Newton, Mr. Stripling stated Mr. Tipton was the Developer's Engineer. Councilperson Ahlers stated she would like to spend money on a solution, even a short term solution, rather than spend money on a study. She also stated that she did not feel there is enough information before the Council tonight to make a decision, but that she would like to study the situation. In answer to a question of Councilperson Feigel, Mr. Stripling stated the storm Water Management Plan will address some of these problems, but not every problem that exists in the entire City. Mr. Stripling also stated the City staff is continuing to work with the Developer's Engineer in hopes of coming up with a solution. He stated that the Council will have the opportunity to establish a priority list, but that the study is so expensive that he feels the funding may not be available to do the necessary construction to alleviate these problems within the next 12 months. Councilman McKain stated he suggested the study in order to keep from making adjustments in one area which will cause problems in another. In answer to a question of Councilman Newton, Mr. stripling stated he would not want to eliminate a problem in one area just to increase the problems on someone else, but if a way can be found to eliminate some of these problems without causing someone else equal or more problems the City would certainly be willing to solve the problems. Mr. Stripling stated he would like to continue negotiations with the Developer of Hardage Estates to see if, in the immediate area around Hardage Estates, those people can be helped in some way. He stated the second thing is to bring to Council a presentation on the first phase of the storm Water Management Plan, which will provide some data and some direction to consider on City-wide drainage problems. The third thing is to bring to Council, in early spring, a proposal within which a system can be established for setting priorities for any drainage problem within the City. He advised the Council that the staff is aware of over 140 individual problems throughout the City at this time. He also advised a proposal would be presented to the Council to establish a Drainage Utility District including a funding proposal. 21. DISCUSSION AND CONSIDERATION OF FUNDING ATHLETIC FIELD IMPROVEMENTS THROUGH THE VOLUNTARY PARK FUND Mr. David Fain, Parks and Recreation Coordinator, was present and stated he would answer any questions the Council may have. He also introduced Mr. Mike Shelton, representing baseball, who also serves as a Park Board member and Mr. Alan Linford, Chairman of the Park Board. Mr. Fain briefly reviewed the funding scenario requesting $11,500, of which $8,500.00 would come from the voluntary park fund, and $3,000 from the non-resident fee. Mr. Fain also stated that the Baseball Association would fund some of the projects shown. In answer to a question of Councilman McKain, Mr. Fain stated that the $3,000 figure for non-resident fees is a projected figure that would be reached within the next two months between baseball and soccer registration. -11- CITY COUNCIL MINUTES JANUARY 21, 1992 In answer to a question of Councilman Newton, Mr. Stripling stated the projected balance in the voluntary park fund to be $11,628 by the end of this year. He stated that the entire $11,500 could be taken from this account without considering the non-resident fees. Councilperson Feigel reiterated that if the entire $11,500 was taken from the voluntary park fund, the fund would be completely depleted by year end. Councilman Newton expressed a concern for money that the City is spending or money that the City planned for in the budget that is not going to be there, such as drainage and inspection fees. He stated he also knew of other expenditures that were not budgeted. Councilman McKain expressed a concern for taking action on this item prior to taking action on Agenda Item No. 23. Discussion was held concerning the park land dedication monies and it was brought out that there are limitations on how these monies are used. Councilperson Feigel expressed a concern that other requests might be made prior to the next budget year. In answer to a question of Councilman Newton, Mr. Fain stated these items had been included in the line item budget under property maintenance in the amount of $13,000. In answer to a question of Councilperson Feigel, Mr. Linford stated that he felt with the non-resident fees, there would be enough money to operate on through the remainder of the year. He stated he feels these are minimal expenditures for the program to go forward, not to upgrade, but just to maintain at the present level. In answer to a question of Councilman McKain, Mr. Shelton stated they are projected 880 baseball players this season, this being 120 more than last season. Mr. Mike Shelton, Vice President of the Baseball Association, reviewed the baseball schedules, the number of players, and stated their intent is to have the best possible program. He stated they are projecting 35% of the players to be non-residents. In answer to a question of Councilman McKain, Mr. Fain stated the $9,500 on the additional field would be material and labor which will be contracted. Councilman Newton stated he would suggest eliminating the non-resident fee monies and restrict the operating budget to the amount shown. Councilman Newton moved to approve with the restrictions stated. He explained the Park Board was requesting four sources of funding, voluntary park fund, non- resident fee, and park operating budget; therefore, the motion being to approve the request with the restriction that no non-resident fees be obligated at this point and that the park operating budget be restricted to the $2,300 that they have in their budget. Councilperson Ahlers seconded the motion. Mr. Stripling advised the Council that there was no need to include anything about the operating budget. Councilperson Ahlers withdrew the second to the motion. In answer to a question of Councilman Newton, Mr. Fain advised the $1,300 in the line item budget is for maintenance of all types. Councilman Newton moved to approve up to $11,500 in park funds. -12- CITY COUNCIL MINUTES JANUARY 21, 1992 Councilperson Ahlers seconded the motion. Ayes: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the motion carried. 22. DISCUSSION AND CONSIDERATION OF AWARD OF BID FOR SALE OF $2,750,000 GENERAL OBLIGATION BONDS, SERIES 1992 Ms. Terry Leake, Finance Director, advised the City had opened eight bids for the sale of these bonds and that Rauscher Pierce Refsnes was the low bidder with an effective interest rate of 6.04241. She also stated the staff's recommendation is to award the bid to Rauscher Pierce Refsnes. Mr. Boyd London, the City's Financial Advisor with First Southwest Company, stated the bond buyers index had been distributed and that it shows the lowest interest rates in 15 years. He also stated he was pleased with the bids received and that the bond trip taken by Mr. Stripling, Ms. Leake, and himself was successful and that the rating agencies were pleased with the hard data they had received. He advised that the City of Colleyville compares well with the surrounding communities and that the City's rating went from an A- through an A to an A+. Mr. London stated that he had only seen that type of movement one other time in 17 years. In answer to a question of Councilman Newton, Mr. London stated this would save the City $400 - $600,000 over the life of this particular authorization of $13.5 million. He stated this is not a tangible benefit because you cannot see what the alternative would be unless you have a rating that is very poor. Councilman McKain moved to award the sale of the bonds to Rauscher Pierce Refsnes as recommended by staff and the bond counsel. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and MCKnight None Mayor Pro Tern McKnight declared the motion carried. 23. DISCUSSION AND CONSIDERATION OF NON-RESIDENT RECREATION FEE ACCOUNTING Mayor Pro Tem McKnight asked if the Council was prepared to make a decision on this item or if additional information is needed. Councilperson Feigel stated that since the money is being collected, she feels a decision should be made as to where it should be deposited. councilperson Feigel stated since this was not included in the annual budget process, she feels, as a concession to the persons that have been assessed this fee, for the remainder of this year, the fee should be put into the voluntary park fund. She also stated that as the budget process begins for 1992-93 that the park board create a budgeting process for each of the associations to participate in, so that the Council can anticipate what the expenses will be for the year. Councilman Newton expressed a concern with putting these monies in the voluntary park fund due to the difficulty of reversing this at a later time and stated that he would rather see the monies put into the General Fund. Councilperson Feigel stated she feels this would reduce the parks budget even if the money was put into the General Fund. -13- CITY COUNCIL MINUTES JANUARY 21, 1992 Councilman McKain stated this money is being collected because of the impact of kids from outside the City. He also stated he feels the City has an obligation to offset that impact and would like to see the money go into the voluntary park fund. Councilperson Feigel stated the City should be concerned with image and public relations with the community. Councilman Newton moved to deposit these non-resident fees into the General Fund. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, and Newton Councilpersons, McKain, Feigel, and McKnight Mayor Pro Tern McKnight declared the motion failed. Counci1person Feigel moved to allocate these fees to the voluntary park fund for the current budget year. Councilperson Ahlers seconded the motion. Ayes: Nays: councilpersons Ahlers, McKain, Feigel, and McKnight Councilman Newton Mayor Pro Tern MCKnight declared the motion carried. REPORTS: 24. REPORTS OF ADVISORY BOARDS AND COMMISSIONS a. Minutes of Planning & Zoning Commission b. Minutes of the Parks & Recreation Advisory Board There was no action taken on this item. STAFF REPORTS: 25. CITY MANAGER'S REPORT There was no action taken on this item. 26. MONTHLY BUDGET REPORT There was no action taken on this item. CITIZEN COMMENTS: 27. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA Mr. Tom Michaels, 6001 Montford, addressed the Council concerning applicants for zoning cases presenting different information to the City Council than that they presented to the Planning and Zoning Commission. He stated he would like to see the Council give consideration to a briefing being given on the Planning and Zoning meetings and to have a Planning and Zoning Commission member present at all City Council meetings. In answer to a question of Councilman McKain, Mr. Michaels stated a pre- development meeting is a good idea; however, timing has been a problem. Mayor Pro Tern McKnight advised that per the City Attorney, discussion on this item is not appropriate, but that a worksession might be possible in order to discuss this subject at length. -14- CITY COUNCIL MINUTES JANUARY 21, 1992 ACTION RESOLUTION: 28. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 21, 1992 - Reading and Public Hearing - Resolution R-92-741 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-741 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Feigel moved to approve Resolution R-92-741. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight Councilman Newton Mayor Pro Tern McKnight declared the motion carried. ADJOURNMENT : 29 . ADJOURNMENT Councilperson Ahlers moved to adjourn. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. APPROVED THIS 1tJ... DAY OF hhn.t4.'1 NAYS, AND ~ ABSTENTIONS. MO utes t~~~ared by. J an Harris, CMC City Secretary , 1992, BY A VOTE OF ~ AYES,~ NOTE: As a matter of public record, an audio recording of the above Council Meeting is available upon request. \Minutes\cc0121 -15-