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HomeMy WebLinkAboutCity Council-Minutes-8/1/1989 CITY COUNCIL MINUTES August 1, 1989 The meeting of the City Council of Colleyville was called to order by Mayor Chris Hawkins at 7:38 p.m. on August 1, 1989. Roll Call: Councilperson Linda Ahlers, Beth Myers, Richard Newton, John Lynch, and Ed McKni ght were present. Mayor Chri s Hawki ns, Ci ty Manager Robert T. McDaniel, Assistant City Manager Dave Draz, Public Works Director Lloyd Wood, City Attorney Ross Foster, Fire Chief "Red" Bailey, Police Chief Don Steele, City's Consulting Engineer Gary Fisher, and City Secretary LaVada Johnson were also present. Invocation: Councilperson McKnight gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. Approval of Minutes: July 25, 1989 Councilperson Myers moved to approve the minutes of July 25, 1989 as amended. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None CORRESPONDENCE: ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: PUBLIC HEARINGS: 1. 3rd Reading and Public Hearing - Ordinance 0-89-722 - An Ordinance Amending the Zoning Ordinance at the request of Heman Smith, Case Z-89-745 - Zoning Change from AG to R-20, 5.912 acre tract out of the George W. Teeter Survey, Abstract 1543, Tract 2A5 Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-722. 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 TRACT 2A5 OUT OF THE GEORGE TEETER SURVEY TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO R-20; PROVIDING A PENAL TV AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Ordinance 0-89-722. Councilperson McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None CITY COUNC I L MINUTES August 1, 1989 Page 2 2. Reading and Public Hearing - Resolution R-89-474 - Replat Approval P-89-746 lakes of Somerset requested by Herman Smith Mayor Hawkins opened the Public Hearing and read Resolution R-89-474 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Council person Newton questioned the City Staff regarding this issue. Council person Myers moved to approve Resolution R-89-474. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 3. 2nd Reading and Public Hearing - Ordinance 0-89-723 - An Ordinance Amending the Zoning Ordinance at the request of Mi ke Sandl in, Case Z-89-748 - Zoning Change from AG to R-20, 26.718 Acre Tract out of the Nancy B. looney Survey, Abstract No. 937, Tracts IDD and lEE Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-723. There being no one present wishing to speak the Public Hearing was closed. 4. 2nd Reading and Publ ic Hearing - Ordinance 0-89-724 - An Ordinance Amending the Zoning Ordinance at the request of Gary Traylor, Case Z-89-750 - Zoning Change from AS to R-20, 2.417 acre portion of lot 2, Block 1 Winewood Estates Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-724. There being no one present wishing to speak the Public Hearing was closed. 5. 2nd Reading and Public Hearing - Ordinance 0-89-725 - An Ordinance Amending the Zoning Ordinance at the request of Gary Traylor, Case Z-89-751 - Zoning Change from AG to RE, 2.267 acre portion of lot 2, Block 1 Winewood Estates Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-725. There being no one present wishing to speak the Public Hearing was closed. 6. 2nd Readi ng and Pub 1 i c Heari ng - Ordi nance 0-89-726 - An Ordi nance Amending the Zoning Ordinance at the request of Johnny Matthews, Case Z-89-752 - Zoning Change from AG to R-40, 2.824 acre portion of lot 2, Block 1 Winewood Estates Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-726. There being no one present wishing to speak the Public Hearing was closed. 7. 2nd Reading and Publ ic Hearing - Ordinance 0-89-727, Case Z-89-753, Zoning Change from AG to R-20, 2.98 Acre Tract, Calhoun Addition, lot 1, Block 1 CITY COUNCIL MINUTES AUGUST 1, 1989 Page 3 Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-727. There being no one present wishing to speak the Public Hearing was closed. 8. 2nd Reading and Public Hearing - Ordinance 0-89-728 - An Ordinance Amending the Zoning Ordinance at the request of Mi ke Sandl in, Case Z-89-754, Zoning Change from AS to R-20, 51.611 Acre Tract out of the Robert Chowning Survey, Abstract No. 885, Tracts 2Al, a portion of Lot 1, Block 1, Chowning Addition and lots 1, 2, and 3, James E. Arnold Subdivision Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-728. There being no one present \'Jishing to speak the Public Hearing was closed. 9. 2nd Reading and Publ ic Hearing - Ordinance 0-89-729 - An Ordinance Amending the Zoning Ordinance at the request of Donita Wiggins, Case S-89-28, Special Use Pennit for Cultural Building (Archival library) in R-30 zoning, lot 2 and a Portion of lot l-R, Block 1, Wiggins Addition Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-8g-729. There being no one present wishing to speak the Public Hearing was closed. The City Attorney advised the Council that this ordinance is for rezoning for a special use permit, therefore, a provision for reversion to prior use based on an ending of the use cannot be included in the Ordinance. A zoni ng change must be referred to the Council. The City Attorney stated that section must be deleted from the Ordinance. 10. 2nd Reading and Publ ic Hearing - Ordinance 0-89-730 - An Ordinance Amending the Zoning Ordinance at the request of Donald and Janet Huffmaster, Case Z-89-755, Zoning Change from R-20 to PUD-R, 11.803 acres of land out of the J.M. looney Survey, Abstract No. 936, Tract 3A Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-730. Those present wishing to speak were as follows: Joe Pothoff, Betzel Pothoff, Inc., 611 Ryan Plaza Drive, Suite 700, Arlington, David Hanna, 202 Mountain View, Hurst. OPPONENTS: Bernie Crowder, 1112 Glade Road, Robert Johnson, 1201 Glade Road, Maurine Wellman, 1204 Glade Road, Charles E. Wellman, 1204 Glade Road, Billie Kennedy, 1317 Glade Road, Milton Horak, 508 Eudaly representing Mrs. Naomi Gray (mother-in-law), Arnold De Hierro, 5008 Bluebonnet, Charlotte De Hierro, 5008 Blubonnet Drive, Marion Bone, 5100 Bluebonnet Drive, Robert Hubbard, 1309 Gl ade Road and George Hall, 1811 Renfro, Cl if ton Duke 1301 Glade Road, Pat and Ann Renole 4701 Stafford, and Carol King, 5000 Oak Timber, Dale Schriner, 1117 Glade Road. Mayor Hawkins entered into the record that a petition had been presented with 41.6% in opposition by surrounding property owners within 200 feet of the proposed site. Mayor Pro Tem Lynch requested a sl ide presentation of the area including the road. CITY COUNC I L MINUTES August 1, 1989 Page 4 11. 2nd Reading and Publ ic Hearing - Ordinance 0-89-731 - An Ordinance Amending the Zoning Ordinance at the request of the City of Colleyville - Amending Section 33.2 (h) in regard to legal description requirements Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-731. There being no one present wishing to speak the Public Hearing was closed. 12. 2nd Reading and Public Hearing - Ordinance 0-89-732 - Ordinance to Authorize the Issuance of Certificate of Obligations Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-732. There being no one present wishing to speak the Public Hearing was closed. Boyd London, First Southwest, was present to answer questions. 13. 2nd Reading and Public Hearing - Ordinance 0-89-733 - Ordinance to Authorize the Issuance of Revenue Bonds Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-733. There being no one present wishing to speak the Public Hearing was closed. 14. Reading and Public Hearing - Resolution R-89-476 - Resolution in support of the City of Grapevine I s request to the State Highway Commission to authorize and fund a corridor study and development of a plan to rel ieve traffic congestion of State Highway 114/State Highway 121 Mayor Hawkins opened the Public Hearing and read Resolution R-89-476 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Council person Myers moved to approve Resolution R-89-476. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 15. 1st Reading and Public Hearing - Ordinance 0-89-734 - Ordinance Amending the Zoning Ordinance at the request of larry Cole Companies, Case Z-89-761 - Zoning Change from A.G to R-20, 6.989 acre tract out of the W.E. Crooks Survey, Abstract 1295, Tract 4F and 4G, Monticello Phase IV Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-734 in its entirety. Those present wishing to speak were Cary Hy, Larry Cole Companies, 807 Forrest Ridge, Bedford. The City Attorney recommended a change in the wording of the ordinance. There being no one else wishing to speak the Public Hearing was closed. 16. 1st Reading and Public Hearing - Ordinance 0-89-735 - Ordinance Amending the Zoning Ordinance at the request of Chandler-Cantrell, Case Z-89-764 - Zoning Change from AG to R-20, 8.761 acre tract out of the Simon Cotrial Survey, Abstract 328, Tract IF, Woodbury West CITY COUNCIL MINUTES August 1, 1989 Page 5 t1ayor Hawkins opened the Public Hearing and read Ordinance 0-89-735 in its entirety. David Washington, Washington & Associates, 500 Grapevine Highway, was present to provide information to the Council. There being no one present wishing to speak the Public Hearing was closed. 17. 1st Reading and Public Hearing - Ordinance 0-89-736 - Ordinance Amending the Master Plan Thoroughfare Plan as it pertains to the extension of Hall Johnson West to Pleasant Run Road Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-736 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 18. 1st Reading and Public Hearing - Ordinance 0-89-738 - Ordinance concerning the deletion of four (4) hour firewall to two (2) hour requirement Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-738 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 20. Reading and Public Hearing - Resolution R-89-477 - Resolution to abandon street with Thornbury Phase of Brook Meadows Subdivision Mayor Hawkins opened the Public Hearing and read Resolution R-89-477 in its entirety. Those present wishing to speak were as follows: David Beatson, 4800 Meandering Way, President of Thornbury Homeowner's Association. The City Attorney explained the difference between a Resolution and an Ordinance. Don Steele, Chief of Police, commented on this request and recommended denial of the request. Those present wi shi ng to speak were Sharon Panno, 4802 Shadywood Lane and Curtis Hamilton, 4712 Meandering Way. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Newton expressed concern regarding the policy implications of Resolution R-89-477. Councilperson Newton stated that he did not anticipate that Council as a policy decision take this action again in the future. Councilperson Myers moved to approve Resolution R-89-477. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Myers, lynch, McKnight Noes: Newton 21. Reading and Publ ic Hearing - Resol ution R-89-478 - Abandonment of ROW - Oak Knoll Road - requested by Jon Collins Mayor Hawkins opened the Public Hearing and read Resolution R-89-478 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tem lynch moved to approve Resolution R-89-478 as recommended by staff. Councilperson Myers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 26. Report on Roberts Road/ Fox Meadow Drainage CITY COUNCIL MIINUTES August 1, 1989 Page 6 The Pub 1 i c Works Di rector, Ll oyd Wood, presented i nforma t i on to the Counc il . Those present wishing to speak were Charlie r~aloney, 5311 Roberts Road, and Russell Kendizer, 3404 Huntington Drive. The staff will prepare a report for the next Council meeting, 25. Request to speak to the Council - John N. Anderson in regard to Ca 1 dwe 11 Hughes John Anderson, 704 Saddl ebrook, Bedford presented provi ded informati on to the Council. This item will be placed on the next agenda. 23. Discussion and Consideration to analyze Zoning Ordinance in reference to MF Zoning Districts, Principal Uses and Site Plan Control The Assistant City Manager presented a report to the Council. The City Attorney provided information to the Council. David Washington, Washington & Associates, 500 Grapevine Highway, Hurst provided information to the Council. The staff will present a recommendation to the Council at the next meeting. CITIZEN COMMENTS: 30. Citizen Comments/Presentation Regarding Items Not on the Agenda There was no one present wishing to speak to the Council. 24. Discussion and Consideration of Planning and Zoning CODlDission Appointment. The Council scheduled an interview on August 8, 1989 at 6:00 p.m. 27. EXECUTIVE SESSION: In accordance with Article 6252-17 Sec 2 paragraph e - Elder Construction vs City of Colleyville status and authorization to settle paragraph e - Symonds litigation paragraph f Discussion of property acquisiton for City Hall/Administrative needs paragraph f - Discussion of request by Brenda Baker and Susan Henderson to use l.D. lockett property for pasture paragraph g - Personnel - Jesse lawson Mayor Hawkins explained that the executive session had been called in accordance with Arti cl e 6252-17 Sec 2 paragraph e, paragraph f, and paragraph g. The meeting was recessed at 11:55 a.m. The meeting was reconvened at 12:46 a.m. 28. Possible Action after the Executive Session - authorization to settle Elder Construction lawsuit and/or Symonds litigation and/or property acquisition for City Hall/Administrative needs and/or request by Brenda Baker and Susan Anderson to use l.D. lockett property for pasture, petition to improve Caldwell Hughes by John N. Anderson, and/or Personnel - Jesse lawson Mayor Pro Tern lynch moved to appoint the City Manager as the City's CITY COUNC I l MINUTES August 1, 1989 Page 7 representative at the settlement conference and authorization plaintiff the balance of his contract price to settle the suit. McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None to pay the Counci 1 person 19. Publ ic Hearing to provide an opportunity for all interested persons to be heard on the annexation of Steve Symonds being disannexed from Bedford Mayor Hawkins opened the Public Hearing giving everyone present the opportunity to speak and be heard. There being no one present wishing to speak the Public Hearing was closed. ACTION ITEMS: 22. Discussion and Consideration of Code Enforcement Policy The City Manager provi ded background i nformati on to the Counci 1. Mayor Pro Tem Lynch provided an explanation to the Council regarding his letter requesting review of the fence ordinance on corner lots. 29. Ci ty Manager I s Report The City Manager distributed to the Council traffic control devices. The Council will meet with J.T. Dunkin and Associates after the budget work session. MISCELLANEOUS ITEMS BY THE COUNCIL: No action was taken on this item. 31. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of August 1, 1989 - Reading and Public Hearing - Resolution R-89-479 Mayor Hawkins opened the Public Hearing and read Resolution R-89-479 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tern lynch moved to approve Resolution R-89-479. Council person Myers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None ADJOURNMENT: ADJOURNMENT: Councilperson Ahlers moved to adjourn the meeting at 1:13 a.m. Mayor Pro Tern lynch seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None C IlY COUNC I l MINUTES August 1, 1989 Page 8 ;;r;;;;;:bmitt:L LaVada Johnson ~ City Secretary DMcW/ ~/S;IP~9 Cbg~(~) Approved on E/d/43 CITY MANAGERIIS REPORT 1) SUMMERTREE/ TRA FENCE August 1, 1989 Attached please find a copy of a survey of the TRA tract adjoining Summertree Addition. As you will note thereon, the brick wall recently constructed north of Summertree Lane and east of Pool Road has encroached on the public right of way. Such encroachment was done without permission from the City and has the effect of completely blocking access to the TRA tract. The City Manager discussed this problem with TRA officials and instructed TRA to proceed as necessary in order to pursue their construction to serve the City of Colleyville with water from this site. A provision was made to give the developer an opportunity to make whatever adjustments are necessary in the bri ck wall so that TRA can access thi s site. TRA reports that it wi 11 cost $9,000 to $12,000 for the contractor to leave this fence in place or replace the fence to use the site as required by the construction plans. 2) MUTUAL AID REQUEST - MEDSTAR Pl ease fi nd attached correspondence from MedStar suggesti ng that the City enter into a mutual aid agreement. Attached please find Chief Bailey's response to that proposal suggesti ng that such mutual aid agreement not be entered into by the City. 3) HIGHLAND MEADOWS HOMEOWNER'S ASSOCIATION REQUEST Attached please find correspondence from the Director of the Highland Meadows Homeowner's Association, Tom Michaels, identifying a need to restore the right of way parkway adjoining Highland Meadows II which was recently disturbed with the utility construction along Hall Johnson Road. Please be advised that the contractor has agreed to pay the $733.95 invoice. We understand that the property has been restored to the satisfaction of the homeowners. The contractor was not required to make this improvement but did so of his own volition. 4) STOP SIGN REQUEST Attached pl ease fi nd correspondence from Mr. Frank Manzare, 3400 Crossgate Circle North, requesting the possibility of installing a stop sign on Martin Parkway in addition to the one that exists at Martin Parkway and Eaton Circle. As noted in the letter Mr. Manzare requests the stop sign to primarily reduce speeding on Martin Parkway. The Council is reminded that all traffic signs are required to meet the state manual and uniform traffic control devices (MUTCD). Such manual generally prohibits the use of stop signs to control speeds. Additionally, speed limits are mandated to be established by the eighty-fifth percentile of the motoring public and may not be arbitrarily set apart from that warrant. Practically and politically speaking the public perceives stop signs as legitimate means of sl owi ng traffi c and is not aware of the state requi rement that speed limits are to be set considering the eighty-fifth percentile rule as determined by a traffic engineering study. Mr. Manzare rightly raises the question regarding the stop sign at Eaton Circle. It is the City Manager' s opinion that such stop sign does not meet state warrants. This issue may require more indept analysis as demands for additional traffic signs to control speed can be expected to come from different neighborhoods. Council inquiries are welcome regarding this issue. 5) WHEELCHAIR RAMP REQUEST Attached please find a copy of correspondence from Barbara Vail, 4101 Woodcreek Court, thanking the City for the installation of wheelchair ramps in the Tara subdivision. The City responded to a request in this neighborhood as it was reported to us that a handicapped individual lived in that area and would appreciate the wheelchair ramp at that location. Future design standards should include wheelchair ramps for all subdivisions. 6) CODE VIOLATIONS Attached please find correspondece between Chief Bailey and a commercial business located on Thompson Terrace in Colleyville, which has been a site of chronic complaint. Chief Bailey has taken appropriate steps to bring that issue under compliance. 7) TML RESOLUTIONS Attached please find correspondence from the Texas Municipal League advising cities of the deadline to submit resolutions for consideration by the Texas Municipal League. This is the process by which the state association pulls together its political position for the upcoming legislative process. Any city that desires to see changes in legislation may submit a resolution to the Texas Municipal League which would be considered for formal adoption by the League. When such occurs then that resolution becomes part of the lobbying agenda for the Texas Municipal League in seeking relief through the Texas Lesiglature. PUBLIC WORKS IN PROGRESS A) TINKER DRAINAGE As of July 24. 1989 this drainage problem area has been solved and completed. B) BRAIRWOOD/OAKS PROJECT As of thi s date we have patched all bad spots and settl ements on Quail's Path. C) 3200 QUEENSBURY (FRENCH DRAIN) To date, all pipe and backfill has been installed. Some replacement of grass will be needed. Also a 4'x 4' patch will need to be placed in the pavement before the job is complete. D) GREENMEADOW EAST The city crews delivered rock to 4303 Greenmeadow East for the homeowners to line the creek in order to stop erosion. E) REPAIR STORM DRAIN The city crews repaired the storm drain cave-in on Cheshire North of low water crossing. F) WESTERN TRAIL SEWER PROJECT The Sagebrush sewer line extension will be starting Tuesday, August 1, 1989. G) HIGHLAND MEADOWS PHASE II - DRAINAGE PROBLEMS Bi rd and Reneker Attorneys representi ng Robert Gammon and Mr. and Mrs. Toussaint has sent a letter petitioning J.B. Sandlin Homes and numerous home builders for drainage improvements of Highland Meadows Phase II. Staff members have not had the opportunity to check on this matter, we will , however, check into this matter and forward our findings to the Council . R~llY submitted, Robert T. McDaniel City Manager RTMcD/dMcW E/d/22