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HomeMy WebLinkAboutCity Council-Minutes-5/1/1990 CITV COUNCIL MINUTES ~1ay 1 , 1990 ~.qO So~ The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Chris Hawkins on May 1, 1990 at 7:58 p.m. Ro 11 Ca 11 : Counci 1 person Linda Ahl ers, Ri chard Newton, Beth Myers, John Lynch and Ed McKnight were present. Mayor Chris Hawkins, Assistant City Manager Dave Draz, Director of Public Works Lloyd Wood, City Engineer Mike Jones, Fire Chief Darrell Bailey, Police Chief Don Steele, City Attorney Ross Foster and City Secretary LaVada Johnson were also present. Invocation: Council person Newton gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. Approval of Minutes: Councilperson Newton moved to approve the minutes of April 17, 1990. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Noes: None CORRESPONDENCE: None ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: Mayor Hawkins announced the Colleyville Woman1s Club Spring Gala and Benefit Auction which will be held this Saturday evening at Gabberts. The proceeds from the event will benefit area charities. Jerry Pittman, Councilmember, Place-4, City of Grapevine, provided information to the Council concerning the D/FW Airport Expansion. Mr. Pittman stated the City of Grapevine is opposed to the proposed 1634 West runway and requested the City's support of Grapevine's resolution. The Council moved to agenda item #3. 3. 3rd Reading and Publ ic Hearing - Ordinance 0-90-765 - An Ordinance Amending the Zoning Ordinance at the request of Richard Ware Carter, Case Z-90-81, Zoning Change Request from AG to PUD-R, 9.478 acre tract out of the C.C. Doss Survey, Abstract 439, Tracts 2E3 and 2E David Washington, Washington & Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst stated to the Council that the developer agrees to construct the fence, under protest, as requested by the Planning and Zoning Commission. Councilperson Ahlers moved to approve Ordinance 0-90-765 inclusive of the Planning and Zoning Commission's recommendation that a fence be built between this property and the Grubbs property immediately to the east. Counci 1 person Myers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Noes: None CITY COUNCIL MINUTES May 1, 1990 Page 2 9. 3rd Reading and Publ ic Hearing - Ordinance 0-90-771 - Ordinance - Franchise for Garbage Service - TABLED Councilperson Newton moved to remove Ordinance 0-90-771 from the TABLE. Council person Myers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Noes: None 10. 3rd Reading and Publ ic Hearing - Ordinance 0-90-770 - Ordinance - Garbage Rates within the City of Colleyville - TABLED Mayor ProTem Lynch moved to remove Ordinance 0-90-770 from the TABLE. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Noes: None Those present wishing to speak were: Janet Williams, 3008 Meadowview Court, asking why the garbage franchise was being reviewed at this time and requesting that a recycling program be implemented within the City; Mary Schreder, 4814 Shadywood Lane, requesting that the Council not vote on the franchise issue at this time and expressed interest in a recyl ing program; Suzie Grundy, 209 Timberline North, requested that the new Council vote on the franchi se, not the current Council; and Barbara Reddi ng, 909 Gl ade Road, requested that the Council review Section 14.2 of the City Charter. Mayor ProTem Lynch stated that three (3) other regional garbage companies had submitted proposals to the City. Assistant City Manager, Dave Draz, reviewed the garbage company proposals for the Council. Councilperson Newton requested that staff review: 1) compilation of bids submitted to the City; 2) recycling options; and 3) billing options. For the record, Councilperson McKnight proposed that 1) provisions be made for the recycling of aluminum, plastic, glass and yard clippings with the funds being channeled to the park; 2) grass clippings be used by the park system; and 3) a dumpster be located at several locations in the City four (4) times a year or that a pick-up with no limit to size be made available to the citizens four (4) times a year. Councilperson Myers provided comments concerning past recycling activities. Councilperson Newton moved to approve Ordinance 0-90-771 for a period of one (1) year '''to provide the City an opportunity to evaluate the billinQ process and to decide how to handle the franchise in the future. Councilperson Newton removed his motion to allow for discussion. Mayor ProTem Lynch reviewed the bids that were submitted and questioned the ninety (90) day termination clause. Councilperson Newton moved to approve Ordinance 0-90-771 for a period of ene year*to provide the followinQ: 1) an opportunity to evaluate the billing process and to decide how to handle the franchise in the future: 2) the adoption of the Ordinance be contingent upon Mr. McCaffity executing the * to be consistent with the current franchise and... C ITV COUNC I L MINUTES May 1, 1990 Page 3 consent to repeal the existing garbage franchise; and a provision for a recycling plan. The motion died for a lack of a second. Mary Schreder, 4814 Shadywood Lane, stated that this agenda item should not be voted on until the issues are clear. Herb Allred, Division Manager, Laidlaw Waste Systems, provided information to the Council concerning garbage service and landfills. Dennis Fisher, Waste Management Inc., provided information to the Council. Councilperson Newton moved to TABLE Ordinance 0-90-771 since the City had not used an adequate request for bid, and the bid responses were not consistent and did not lend themselves to objective comparison. Councilperson Myers moved to approve Ordinance 0-90-771. Counci 1 person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: Newton Councilperson Newton left the Council meeting at 9:03 p.m. because of another business meeting. Mayor ProTem Lynch moved to approve Ordinance 0-90-771 with Item 114 being expanded to include a tennination clause if there is an ownership change and a tennination clause if the landfill rights of the franchisee were lost. Councilperson Myers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None Mayor Hawkins questioned City Garbage City regarding the company's landfill contracts. Buck Hubbard clarified questions regarding the landfill contracts. Mayor ProTem Lynch questioned Mr. Hubbard concerning the lower rate of $5.75 currently paid by Keller. Mr. Hubbard agreed to Mayor ProTem Lynch's request. A sales tax has not been i ncl uded on the quoted commerci a 1 rates. Denni s Fisher, Waste Management Inc., requested that the Council qualify the rate guarantee fee, clarify the $1000 bond requirement, and address the automatic five (5) year renewal clause of the franchise. Suzie Grundy, 209 Timberline North, questioned why the Council was in a rush to approve the City Garbage Service franchise. Mr. Hubbard stated that City Garbage Service has no intentions of requesting another rate increase for a period of five (5) years. Mary Schreder, 4814 Shadywood Lane, expressed disappointment in the Council's decision. Councilperson Myers moved to approve Ordinance 0-90-770 inclusive of the following changes to Addendum "AII: 1) the establishment of $5.75 per residential unit per calendar month plus a 7.5% franchise fee and plus the State sales tax for a current monthly total of $6.61; and 2) amend Section 2 to include that the commercial rates quoted do not include the franchise fee or the State sales tax; and 3) to add a clause stating that City Garbage C ITV COUNC I L MINUTES May 1, 1990 Page 4 Service will hold the quoted rates finTI for a period of five (5) years excluding any increase in the State's landfill user fee or any increase in city, county, state or federal regulations affecting the cost of solid waste service to the City of Colleyville. Mayor ProTem Lynch seconded the motion. The vote being: Ayes: Ahlers, MYers, Lynch, McKnight Noes: None The Council moved to agenda item #13. 13. Discussion and Consideration - Cheek Sparger Concerned Citizens - Requesting answers to submitted questions at previous meeting Antoi nette Staines, 3903 Marti n Parkway, questi oned the Council regarding their stand on the 681 width of Cheek Sparger. Council members Ahlers and Myers stated support for the 681 foot width for Cheek Sparger. Mayor ProTem Lynch revi ewed and read paragraph 2 of the State 1 s response to hi s 1 etter and stated his opinion regarding the construction of Cheek Sparger. The City Attorney provided a legal opinion concerning the 1 imitation of trucks on the City1s streets. Councilmember McKnight stated that the Council should submit a letter and a Resolution R-90-570 to the State stating exactly what the City wants and will accept concerning Cheek Sparger and in reference to trucks, Councilmember McKnight stated some truck traffic is inevitable on Cheek Sparger such as moving vans. Antoinette Staines requested that a letter and Resolution R-90-570 be resubmitted to the State. Mayor Hawki ns read the draft 1 etter to the State that had been prepared by the Assistant City Manager. Councilperson Ahlers moved to submit the draft letter prepared by the Assistant City Manager to the State with a copy of the corrected Resolution R-90-570. Councilmember Myers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None Mayor ProTem Lynch requested that the hand written copy of Resolution R-90-570 be transmitted to the State. Jan Brissy, 3901 Martin Parkway, Jerry Staines, 3903 Martin Parkway, Gene Smith, 1903 Ashton and Boyd D. Dollar, 4000 Windermere spoke to the Council. Councilperson McKnight moved to have the City write a letter on May 2, 1990 stating the Council1s support of Resolution R-90-570 as passed on March 15, 1990. Councilperson Myers seconded the motion. The vote being: Ayes: Myers, Lynch, McKni ght Noes: Ahlers CONSENT: 1. Reading and Public Hearing - Resolution R-90-586 - Consent Items: a. Resolution Revising Check Signatory Authority C ITV COUNC I L MINUTES May 1, 1990 Page 5 b. Resolution in Support of the Colleyville Bar-B-Que Cookoff Association c. Preliminary Plan Approval - Case P-90-821 - Brittany Park Addition d. AARP Lease Agreement e. Resolution in Support of Local Government regulation of Cable Franchises Mayor Hawkins opened the Public Hearing and read Resolution R-90-586 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Lynch moved to approve Resolution R-90-586. Council person McKnight seconded the motion. The vote being: Ayes: Ahlers, Lynch, McKnight Noes: Myers 4. 3rd Reading and Public Hearing - Ordinance 0-90-775 - An Ordinance Amending the Zoning Ordinance at the request of Sandlin Properties, Inc., Case Z-90-817, Zoning Change from R-40 to R-20, 22.474 acre tract out of the Simon Cotrail Survey, Abstract 328, Tracts 684, 2B, 2D, 2E and a portion of Tracts 2Al, 2A2, and 2A - Cranbrook Estates Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-775. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITV OF COLLEVVILLE, TEXAS, BV AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 328, SIMON COTRAIL SURVEV, TRACTS 6B4, 2B, 20, 2E, AND A PORTION OF TRACTS 2Al, 2A2, AND 2A, (22.474 ACRES) TO THE CITV OF COLLEVVILLE, TEXAS FROM R-40 TO R-20; PROVIDING A PENALTV AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Ordinance 0-90-775. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 5. Reading and Public Hearing - Resolution R-90-586 - Case P-90-818 - Preliminary Plan Approval - Cranbrook Estates Mayor Hawkins opened the Public Hearing and read Resolution R-90-586 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Lynch moved to approve Resolution R-90-586 according to the Planning and Zoning Commission1s recommendation. Councilperson Myers seconded CITY COUNCIL MINUTES May 1, 1990 Page 6 the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 7. Reading and Publ ic Hearing - Resol ution R-90-582 - Issuing Pool Hall Permit at Nine Acres - TABLED Councilperson McKnight moved to remove Resolution R-90-582 from the TABLE. Councilperson MYers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None Council person McKnight moved to approve Resolution R-90-582. Counci 1 person Myers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 8. Reading and Publ ic Hearing - Resolution R-90-587 - Case P-90-820 _ Replat Approval - Windview Addition - Lots 1 and 2, Block 6 to Lot lR Mayor Hawkins opened the Public Hearing and read Resolution R-90-587 in its entirety. Those present wishing to speak there John Adams, representative for the Windermere Homeowner's Association, 4009 Woodstock Drive, the effect of the replat on the homeowner's association dues; Jerry Wolfe, 4008 Windermere, and Richard Skinner, 3701 Cliffwood Drive. The City Attorney provided a legal opinion concerning the Council's authority to consider this issue. There being no one else wishing to speak the Public Hearing was closed. Mayor ProTem Lynch moved to TABLE Resolutin R-90-587 to provide the City Attorney an opportunity to review the notification requirements. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 11. Discussion and Consideration of Chamber of Commerce Update on Economi c Development Program This item was carried forward to the next agenda. 14. Discussion and Consideration of Renee Lawrance - The Restriction of Hazardous Material being transported thru Colleyville This item was carried forward to the next agenda. 15. Discussion and Consideration of Amendment to Subdivision Control Ordinance to require that As-Built Certification be provided by the developer prior to subdivision acceptance as requested by Mayor Hawkins C ITV COUNC I L MINUTES May 1, 1990 Page 7 This item was carried forward to the next agenda. 16. Discussion and Consideration of Request by Ruth Ann Plain to appeal the decision the Planning and Zoning Commission recommendation of denial for Special Use Zoning Councilperson Myers moved to hear the appeal and instruct the City Attorney to prepare a draft ordinance. Council person McKnight seconded the motion. The vote being: Ayes: Ahlers, Myers, McKnight, Lynch Noes: None Those present wishing to speak were: OPPONENTS: William McAlister, 4516 Jim Mitchell Trail, East, Karin McAlister, 4516 Jim Mitchell Trail East, Tom Lancaster, 809 W, Lavaca Trail, Jim Love, 712 W. Lavaca Trail, Leonard Pratt, 711 W. Lavaca Trail, Nan Martin, and Steve Martin, 813 Lavaca Trail, Judy Ruggere, 1013 W. Lavaca Trail. NONOPPONENTS: Dan Ogle, 1009 W. Lavaca Trail, requested that the City notify people when an item is denied by the Planning and Zoning Commission. PUBLIC HEARINGS: 2. 3rd Reading and Public Hearing - Ordinance 0-90-766 - An Ordinance Amending Section 38 of the Zoning Ordinance to allow 151 Side Yards on Corner Lots Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-766. AN ORDINANCE AMENDING SECTION 38 OF THE COLLEVVILLE ZONING ORDINANCE BV CHANGING THE VARD REQUIREMENT OF CORNER LOTS UNDER CERTAIN CONDITIONS. There being no one present wishing to speak the Public Hearing was closed. Councilperson McKnight moved to TABLE Ordinance 0-90-766. Council person Myers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 6. 3rd Reading and Public Hearing - Ordinance 0-90-774 - An Ordinance Reducing the fee for Residential Combination Preliminary Plan and Final Plat Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-774. AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEVVILLE CODE BV DECREASING THE FILING FEES FOR A RESIDENTIAL COMBINATION PRELIMINARV PLAN AND FINAL PLAT Councilperson Ahlers moved to approve Ordinance 0-90-774. Council person CITV COUNCIL MINUTES May 1, 1990 Page 8 Myers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 12. Discussion and Consideration of Police/Fire Mid-Year Pay Adjustments Mayor Hawkins left the room at 12:50 a.m. and turned the gavel over to Mayor ProTem Lynch. Mayor Hawkins returned at 12:54 a.m. and Dave Draz, Assistant City Manager, briefed the Council regarding this issue. Councilperson Myers moved to approve the implementation of a compensation plan per the step recommendation effective April 1, 1990. Counci 1 person McKnight seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 17. Discussion and Consideration of Charter Review Committee requested by Councilperson Myers This item was carried forward to the next agenda. 18. Discussion and Consideration of Master Plan Update requested by Councilperson Newton This item was carried forward to the next agenda. 19. Discussion and Consideration of Beginning Abatement Proceedings Substandard Structure located at 4844 Colleyville Boulevard Mayor ProTem Lynch moved to set the meeting for the June 5, 1990 Council meeting. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 23. EXECUTIVE SESSION: In accordance with Article 6252-17 Section 2 paragraph f - Willis Potter, Acquisition of Property and resolution of threat of litigation paragraph f - Park Land Acquisition paragraph g - Personnel - Appointment of Acting City Manager and conmencing the selection process for the City Manager Mayor Hawkins explained that the Executive Session had been called in accordance with Article 6252-17 Section 2 paragraph f - Willis Potter, Acquisition of Property and resolution of threat of litigation; paragraph f - Park Land Acquisition; and paragraph g - Personnel - Appointment of Acting City Manager and commencing selection process for the City Manager and that there would be no decisions or action taken during this time. C ITV COUNC I L MINUTES May 1, 1990 Page 9 The meeting was recessed at 12:56 a.m. The meeting was reconvened at 1:35 a.m. 24. Possible Action of Executive Session - In accordance with Article 6252-17 Section 2 paragraph f - Willis Potter, Acquisition of Property and resolution of threat of litigation paragraph f - Park Land Acquisition paragraph g - Personnel - Appointment of Acting City Manager and commencing selection process for the City Manager Mayor ProTem Lynch moved to appoint Dave Draz as Acting City Manager. Councilperson Myers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None STAFF REPORTS: 21. Ci ty Manager I s Report The Assi stant City Manager provi ded the Council with an oral revi ew of the report. The Council instructed the City Attorney to contact TRA regarding the sewer line. 22. Citizen Comments: None 25. Discussion and Consideration of Resolution Ratifying Council Agenda Action for the Meeting of May 1, 1990 - Reading and Public Hearing - Resolution R-90-588 Mayor Hawkins opened the Public Hearing and read Resolution R-90-588 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Lynch moved to approve Resolution R-90-588. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Myers, Lynch, McKnight Noes: None 26. ADJOURNMENT Mayor ProTem Lynch moved to adjourn the meeting at 1:46 a.m. Counci 1 person Myers seconded the motion. The vote being: Ayes: Ahlers, MYers, Lynch, McKnight Respe.ctfully submitted 't1~ (:1aJ~ Qo~ LaVada Johnson City Secretary DMcW/ Approved Note: DMcW/ on: yJz~ IS: /ffOrkv a/ffi-V/<-<41! As a matter of public record, an audio recording Council meetin is available upon request. of the above CITY MANAGER'S REPORT (PREPARED BY: ASSISTANT CITY MANAGER CITY COUNCIL, MAY 1, 1990 Request to Purchase Property on Cheek Sparger Please find attached a copy of a letter received from a home- owner along Cheek Sparger concerning the possibility of the City purchasing his house because of a pending relocation decision. staff will contact Mr. Norris and offer to discuss possible options, but would like some input from the Council concerning the City's position on property acquisition and the establishment of procedures for such. Mill Creek Park Grant Process A copy of the site plan for the park has been posted in the lobby of City Hall in preparation for Council consideration of the site plan at the May 15th meeting. At that meeting, the Council will also be holding a public hearing on the pos- sible designation of this area as a natural reserve area and passing a resolution required for the grant application. TRA Water Line - summertree TRA has awarded the contract for the construction of the 30" water line on Pool Road. It is anticipated that a work order for construction will be issued by the end of May. At the time of this briefing the outstanding issue between TRA and Chandler-Cantrell concerning TRA's construction of the water line on Pool Road was close to resolution. If res- olution is not reached before the next City Council meeting, this item will be on the city Council agenda for discussion and consideration. spring Clean Up Week Please find attached a copy of the press release sent out to announce the upcoming spring Clean Up Week scheduled for May 5th thru 13th. The project is being coordinated between the Public Works Department and City Garbage Service. This pro- gram was very popular last year, and significant response is expected this year. Big Bear Creek Interceptor - TRA construction plans Please find attached a memo from the City Engineer adressing the current status of TRA's plans for constructing their pro- posed Big Bear Creek Interceptor.