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Home My WebLink AboutCity Council-Minutes-3/7/1989 CITY COUNCIL MINUTES MARCH 7, 1989 yJ~ ~-17-99 11\' ~ : sJJ~' . ~ The meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on March 7, 1989, at 7:40 p.m. Roll Call: Councilperson Doug Blemings, Chris Hawkins, Beth Myers, John Lynch, and Ed McKnight were present. Mayor Buck Hubbard, City Manager Robert McDaniel, City Attorney Ross Foster, Fire Chief Darrel "Red" Bailey, Police Chief Don Steele, Director of Public Works Lloyd Wood, City's Engineering Consultant Gary Fisher, and City Secretary City Secretary LaVada Johnson were also present. Invocation: Council person Beth Myers gave the invocation after which Mayor Hubbard lead the Pledge of Allegiance to the flag. Approval of Minutes: February 21, 1989 and March 2, 1989 Council person Hawkins moved to approve the minutes of February 21, 1989. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none Council person Blemings moved to approve the minutes of March 2, 1989. Council person Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none CORRESPONDENCE: ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: CONSENT: a. Ratification of Release of Temporary Construction Easement, which affects lot 12, Block 5, Monticello Addition and other property Mayor ProTem lynch moved to approve the ratification of release of temporary construction easement which affected lot 12, Block 5, Monticello Addition and other property. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none PUBLIC HEARINGS: 1. 3rd Reading and Public Hearing - Ordinance 0-88-693 - Ordinance allowing Accessory Building on Non-platted lots (Disapproval Recommended by P & Z) Mayor Hubbard opened the Publ ic Hearing and read the preamble to Ordinance 0-88-693. CITY COUNCIL MINUTES MARCH -7, 1989 Page 2 AN ORDINANCE AMENDING THE COLLEYVILLE ZONING ORDINANCE BY ALLOWING THE CONSTRUCTION OF ACCESSORY BUILDINGS ON NON-PLATTED LOTS, ESTABLISHING CONDITIONS UPON THE ISSUANCE OF A BUILDING PERMIT ON NON-PLATTED LOTS, PROVIDING PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Blemings moved to disapprove Ordinance 0-88-693. Mayor ProTem lynch seconded the motion. The vote being: Ayes: Blemings, Hawkins, MYers, lynch, McKnight Noes: none 2. 3rd Reading and Publ ic Hearing - Ordinance 0-89-706 - An Ordinance Amending the Zoning Ordinance - Chandler-Cantrell Properties, Inc., Case Z-88-697, Zoning Change from AG to R-20 (Agriculture to Residential 20,000) Mayor Hubbard opened the Public Hearing read the preamble to Ordinance 0-89-706. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 328 AND ABSTRACT 1740, TRACT 2Hl, 2H2 AND A PORTION OF TRACT 2Al OUT OF THE SIMON COTRIAL SURVEY AND S.C.H. WITTEN SURVEY TO THE CITY OF COLLEYVILLE, TEXAS, FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Hawkins moved to approve Ordinance 0-89-706. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 3. 3rd Reading and Publ ic Hearing - Ordinance 0-89-707 - An Ordinance Amending the Zoning Ordinance - Herman Smith - Case Z-88-701, Zoning Change from AG (Agricultural) to R-20 (Residential 20,000) Mayor Hubbard opened the Publ ic Hearing and read the preamble to Ordinance 0-89-707. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 1543, TRACTS 2B and 2A7 OUT OF THE GEORGE W. TEETER SURVEY TO THE CITY AND COLLEYVILLE, TEXAS, FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Council person Myers moved to approve Ordinance 0-89-707. Mayor ProTem lynch seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none CITY COUNCIL MINUTES MARCH 7, 1989 Page 3 4. 3rd Reading and Publ ic Hearing - Ordinance 0-89-708 - An Ordinance Amending the Zoning Ordinance - Burk Coll ins - Case Z-88-702, Zoning change from AG (Agricultural) to R-30 (Residential 30,000), 24.3 acre tract out of the Hall Medlin Survey, Abstract 1037 and H.R. Walls Survey, Abstract 1973, Tract 3Al and 3 Mayor Hubba rd opened the Pub 1 i c Hea ri ng and read the preamble to Ord i nance 0-89-708. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 1037 AND ABSTRACT TRACTS 3 AND 3A1 OUT OF THE HALL MEDLIN SURVEY AND H. R. WALLS SURVEY TO THE CITY OF COLLEYVILLE, TEXAS, FROM AG TO R-30; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION There being no one present wishing to speak the Public Hearing was closed. At the request of the applicant, this item was tabled. 5. 3rd Reading and Publ ic Hearing - Ordinance 0-89-709 - An Ordinance Amending the Zoning Ordinance - Mike Sandlin - Case Z-89-703, Zoning Change from AG (Agricultural) to R-20 (Residential 20,000), 24.65 acre tract out of the W.R. Joyce Survey, Abstract 885, Tract 3 Mayor Hubbard opened the Publ ic Hearing and read the preamble to Ordinance 0-89-709. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 885, TRACT 3 OUT OF THE W. R. JOYCE SURVEY TO THE CITY OF COLLEYV I LLE, TEXAS, FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Ordinance 0-89-709. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 6. 3rd Reading and Publ ic Hearing - Ordinance 0-89-710 - An Ordinance Amending the Master Plan in regard to Oak Knoll Drive Mayor Hubbard opened the Pub 1 i c Hea ri ng and read the preamble to Ordi nance 0-89-710. AN ORDINANCE AMENDING THE MASTER PLAN OF THE CITY OF COLLEYVILLE BY AMENDING THE THOROUGHFARE PLAN AND DELETING A PORTION OF OAK KNOLL DRIVE AS A PROPOSED MAJOR COLLECTOR ROADWAY There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Ordinance 0-89-710. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none CITY COUNCIL MINUTES MARCH 7, 1989 Page 4 9. Public Hearing - Resolution R-89-410 - Authorizing a Negotiated Settlement Agreement, Re: Builders, et.al. vs. City of Colleyville Mayor Hubbard opened the Public Hearing and read Resolution R-89-410 in its entirety. Those present wishing to speak were as follows: Ron Formby, President of Builder's Association, 6464 Brentwood Stair, Fort Worth, Texas 76112. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Hawkins stepped down from the Council due to a conflict of interest (having paid the impact fees twice) but stated for the record that he was in support of the Resolution. Councilperson Myers moved to approve Resolution R-89-410 authorizing a negotiated settlement agreement with the Builders, et.al. vs. City of Colleyville. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Myers, lynch, McKnight Noes: none Councilperson Hawkins returned to the Council table. Mayor Hubbard had to leave the meeting at 8:30 p.m. Mayor ProTem Lynch requested that there be a recommendation from the staff to spend the capital impact fees be placed on the agenda and as a separate item placed in front of the packet a 1 ist of items that had been requested by the Council during the meeting. 7. 1st Reading and Public Hearing - Ordinance 0-89-711 - An Ordinance Amending the Zoning Ordinance Regulating Accessory Buildings Mayor ProTem Lynch opened the Public Hearing and read Ordinance 0-89-711 in its entirety. Those present wishing to speak were as follows: Jim Moore, 1416 Glade Road - opposed. There being no one else present wishing to speak the Public Hearing was closed. After di scussion by the City Manager and the Counci 1, the staff was instructed to return this item to the P&Z Commission. 8. Public Hearing - REPlAT, Saddlebrook Addition, Block 6, Lot 34R-l and 35R, Case P-89-705, Frederick Gibson Mayor ProTem Lynch opened the Public Hearing on the replat of Block 6, Lot 34R and 35R in the Saddlebrook Addition. Frank King, 1101 E. Northwest Parkway, Suite 110, Southlake, Texas 76092, was present to answer any questions the Council might have. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Hawkins moved to approve P-89-705. Councilperson McKnight seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none ACTION ITEMS: CITY COUNC I L MINUTES MARCH 7, 1989 Page 5 10. Discussion and Consideration of the cost of proposal changes to the present City Hall This item will be on the next agenda. 11. Discussion and Consideration of an Ordinance to regulate smoking in the work place This item will be on the next agenda as a 1st Reading and Public Hearing. 12. Discussion and Consideration of changes to the Rules of Procedures for the City Council There was no action on this item. 13. PRELIMINARY PLAT, Ross Downs Addition, Block 1 lot 1, Case P-89-706, Mario Molian, Robert Chowning Survey, Abstract 294, Tracts 3A, 3Al, 2, lC and Absolom lott Survey, Abstract 963, Tract 5 Mayor ProTem Lynch opened the Publ ic Hearing. Those present wishing to speak were as follows: David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054. There being no one else present wishing to speak the Public Hearing was closed. The Council would like to have a special work session with Ross Owens (who was present to answer questions by the Council). Councilperson McKnight moved to approve P-89-706. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, McKnight Noes: lynch 14. FINAL PLAT, Summertree Addition Phase II, Case P-89-708, Chandler-Cantrell Properties, Inc., C.C. Doss Survey, Abstract 439, Tracts 2H2 and 2Hl Mayor ProTem Lynch opened the Public Hearing. Those present wishing to speak were as follows: David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054. There being no one else present wishing to speak the Public Hearing was closed. Councilperson McKnight moved to approve P-89-710. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 15. PRELIMINARY PLAT, The lakes of Somerset, Case P-89-709, Herman Smith, George W. Teeter Survey, Abstract 1543, Tracts 2B and 2A7 Mayor ProTem Lynch opened the Public Hearing. Those present wishing to speak were as follows: David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054. There being no one else present CITY COUNCIL MINUTES MARCH 7, 1989 Page 6 wishing to speak the Public Hearing was closed. Councilperson Hawkins moved to approve P-89-709. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 16. PRELIMINARY PLAT, Cherry Hill Addition, Case P-89-710, Chandler-Cantrell Properties, Inc., S.C.H. Witton Survey, Abstract 1739, and Simon Cotrail Survey, Abstract 328, Tract 1, lA, and 2Al Mayor ProTem Lynch opened the Publ ic Hearing. Those present wishing to speak were as follows: David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054. There being no one else present wishing to speak the Public Hearing was closed. Counci 1 person McKni ght moved to approve P-89-71O. Counci 1 person Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 17. Discussion and Consideration of the Oaks and Briarwood Street Renovation; Councilperson Bleming This item will be on the April 4, 1989 agenda. 18. Discussion and Consideration of the Utility Rate Study; Councilperson Bleming Councilperson Blemings moved the Council contract with Mr. Charles Binford for $8,700.00 to the proposed utility rate study as discussed with him at the work session several weeks earlier. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 19. EXECUTIVE SESSION: In accordance with Article 6252-17 Sec 2 paragraph e - Elders Construction vs. City of Colleyville paragraph f - Contract sale of property at 315 West L.D. Lockett Road paragraph g - Personnel - PAZ Commissioner Marc Gelinas paragraph g - Personnel - Assistant City Manager Mayor ProTem Lynch explained that the executive session had been called in accordance with Article 6252-17 See 2 paragraph e, g and that there would no decisions or action taken during this time. The meeting was recessed at 10:06 p.m. The meeting was reconvened at 11:10 p.m. 20. Possible action on Executive Session - In accordance with Article 6252-17 Sec 2 paragraph e - Elders Construction vs. City of Colleyville paragraph f - Contract sale of property at 315 West L.D. lockett Road CITY COUNCIL MINUTES MARCH 7, 1989 Page 7 paragraph g - Personnel - PAZ Commissioner Marc Gelinas paragraph g - Personnel - Assistant City Manager There was no action on this item. STAFF REPORTS: 21. City Manager's Report The City Manager briefly discussed the City Manager's Report. See attached report. CITIZEN COMMENTS: Councilperson Blemings stepped down to speak as a citizen. 1. Doug Blemings, 6000 Colts Neck, would like to see a "sundown clause" on the ordinance with a review date on all ordinances and have a dress code for Council members. Councilperson Blemings returned to the Council table. RESOlUTI ON: 23. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of March 7, 1989 - Reading and Public Hearing - Resolution R-89-411 Mayor ProTem Lynch read Resolution R-89-411 in its entirety and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. Councilperson Blemings moved to approve Resolution R-89-411. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none ADJOURNMENT: 24. Adjournment Councilperson Hawkins moved to adjourn the meeting at 11:22 p.m. Councilperson Myers seconded the motion. The vote being: Ayes: Noes: Blemings, Hawkins, Myers, lynch, McKnight none ~u~~ LaVada Johnson City Secretary 1 vj WtoMi} eJ/,/9f'1 Approved on: CITY MANAGER'S REPORT MARCH 7J 1989 1) TRA 30" WATER MAIN Meetings have been held and are yet scheduled to address development conflicts with Summertree. We are optimistic that the parkway may be utilized for this line's location. 2) CHAMBER OF COMMERCE BANQUET The Chamber of Commerce Banquet is reschedul ed for Apri 1 1. Counci 1 is requested to indicate your plans to attend. We need to make reservations soon. 3) LOW WATER CROSSINGS At Mayor Hubbard's suggestion, Public Works will be constructing low water gates, similar to what is in place on Martin Parkway. They will be installed approaching those low water crossings along Little Bear Creek but far enough back to allow room for traffic to turn around. 4) OUTDOOR BURNING Attached please find a copy of the Press Release governing outdoor burning restrictions which Chief Bailey plans to release on February 21. Please see Red's memo of explanation. 5) FIRE DEPARTMENT PRESS RELEASE Also please find a press release regarding children's trauma in emergency medical transfers. 6) SEWER BACK UP POLICY Occasionally, a sewer will back up in residence as a result of a blockage in the City's Main. Most people assume the City is responsible. However, in most cases such is caused by unauthorized waste material (i.e., grease) placed in the City's main. When such occurs the City is not liable. Additionally, all City main's are on a yearly preventative maintenance program. "Trouble spots" are cleaned more frequently as needed. 7) COUNTY ROAD ASSISTANCE Attached please find a copy of our request for county assistance from Commissioner Hampton. 8) SESQUICENTENNIAL FUNDS Attached please find a copy of a proposed Resolution to be requested by Betty Batte for Council Approval. Mrs. Batte is in the process of aski ng the original members of the '86 Comittee to "sign" off on this resolution supporting its intent. Ross Foster is presently reviewing same. 9) MAYOR'S THANK YOU Attached pl ease find a copy of Mayor Hubbard's thank you to publ i c works personnel in appreciation of repairing a recent water break. 10) CITY HALL BUILDING REMODEL City Hall building remodeling is progressing smoothly and is expected to be functionally complete by March 10. 11) PARK BOARD MEETING Attached, FYI please find an agenda for this inaugural meeting set for March 4. Also find a copy of Mayor Hubbard's appointment letter(s) to appointees and to non-appointees. 12) PUBLIC WORKS IN PROGRESS A. DRAINAGE PROBLEMS We have commenced working on drainage problems at Cheek Sparger at Felps and on Pleasant Run adjective to the Post Office. Neither is complete at this time. Briarwood drainage has been delayed because of wet weather; Quails Path has been opened to traffic however. B. POT HOLE PATCHING Street Department crews are continuing to fill pot holes. The freezing weather and rain resulted in considerable damage to our streets. Approximately 95% have been patched. C. VALVE MAINTENANCE PROGRAM Water Department crews have commenced a valve maintenance program, locating all valves, numbering them, showing the valves on a map and running each valve up and down annually. ReS~llY Submitted, Robert T. McDaniel City Manager RTMcD/dMcW