HomeMy WebLinkAboutCity Council-Minutes-5/1/1990
CITV COUNCIL
MINUTES
~1ay 1 , 1990
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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
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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...
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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
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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
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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
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May 1, 1990
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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
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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
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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.
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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:
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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.