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HomeMy WebLinkAboutCity Council-Minutes-8/15/1989 COUNCIL MINUTES August 15, 1989 ~~1\ q ~I . ~ The meeting of the City Council of Colleyville was called to order by Mayor Chris Hawkins at 7:40 p.m. on August 15, 1989. Roll Call: Council person Linda Ahlers, Beth Myers, Richard Newton, John Lynch, and Ed McKnight were present. Mayor Chris Hawkins, City Manager Robert T. McDaniel, Assi stnant 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: Council person Ahlers gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. Approval of Minutes: August 1, 1989 Councilperson Ahlers moved to approve the minutes of August 1, 1989 as amended. Councilperson Ne~ton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None CORRESPONDENCE: None ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: None PUBLIC HEARINGS: 1. Opening of the bids and Consideration of awarding the bids by the financial Advisor (Boyd london, first Southwest Company) for the Issuance of Certificates of Obligation, Series 1989 in the amount of $1,250,000 Financial Advisor, Boyd London, First Southwest, provided information regarding the credit ratings the City received from Moody's Investors Service Inc., and Standard & Poor's Corporation on the $1,250,000 Certificates of Obligation and to Moody's only, on the $750,000 Revenue Bonds. Standard & Pocr's Corporation assigned an "A-" rating to the Certificates of Obligation while ~1oody's assigned a "Baa I". Moody's assigned a "Baa" rating to the City's sale of ~~aterworks and Se\'/er System Revenue Bonds. Mr. London opened and read the bids that were received for the Issuance of Certificates of Obligation, Series 1989 which were as follows: 7.2694022% 7.281005 % 7.451681 % 7.4454564% 7.268534 % Dean Witter Reynolds PaineWebber Inc. NCNB Texas National Bank Underwood, Neuhaus & Co., Eppler Guerin & Turner Mr. London will tabulate the bids and present the information to the Council CITY COUNCIL MINUTES Au~ust 15, 1989 Page 2 on a later agenda item. 2. Opening of the bids and Consideration of awarding the bids by the Finance Advisor (Boyd london, First Southwest Company) for the Issuance of Revenue Bonds, Series 1989 in the amount of $750,000 Mr. London opened and read the bids that were received for the the Issuance of Revenue Bonds, Series 1989 which were as follows: 7.7564597% 7.478216 % Dean Witter Reynolds PaineWebber Inc. Mr. London will tabualte the bids and present the information to the City on a later agenda item. 3. 3rd Reading and Public Hearing - Ordinance 0-89-730 - An Ordinance Amending the Zoning Ordinance at the requst 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. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING CF ABSTRACT 936 J.M. LOCNEY SURVEY TRACT 3A (11.803 ACRES OF LAND) TO THE CITY OF COLLEYVILLE, TEXAS FROM R-20 to PUD-R; PRCVIDING A PENALTY AND AUTHORIZING PUBLICATION. In response to Mayor Pro Tem Lynch I s request, the Ci ty Secretary stated that to date, there had been sixteen meetings in fourteen weeks with an average of 7.1 hours per meeting. Those present wishing to speak were: OPPONENTS: Bi 11 i e Kennedy, 1317 Gl ade Road, Loui s Cl ark, 1313 Gl ade Road, Cl if ton Duke, 1301 Gl ade Road, Charles and Mauri ne Wellman, 1204 Gl ade Road, Dale Schri ner, 1117 Gl ade Road, Ma ri on Bone, 510C Bl uebonnet, Conrad Rogers, 1213 Garry Lynne, Carol King, 5000 Oak Timbers Court, Virgin Turner, 5101 Bluebonnet Drive, Robert Hubbard, 1309 Glade Road, Arnold and Charlotte Del Hierro, 5008 Bluebonnet, John Neal, 1512 Cherry Lane, Milton Horak, 508 Eudaly, (representing his mother-in-law, Mrs. Naomi Gray). There had been a petition of ninety-eight signatures filed in oppostion of the proposed development. PROPONENTS: Joe Pothoff, Betzel, Pothoff, Inc., 700 Ryan Plaza Drive, Suite 500, Arlington, presented a petition of twelve signatures to the Council in favor of the proposed development and a traffic survey. There being no one else present wishing to speak the Public Hearing \\as closed. Mayor Hawkins noted that a letter was received from the Colleyville Chamber of Comrr~rce supporting the proposed development. CITY COUNCIL MINUTES Ausust 15, 1989 Page 3 Mayor Pro Tem Lynch moved to TABLE Ordinance 0-89--730 until the Council: 1) conducts a work session with J.T. Dunkin and Associates; and 2) receives input from the property owner to the north regarding future development plans. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, Mcknight Noes: None 4. Discussion and Consideration of John N. Anderson in regard to obtaining a building permit on Caldwell Hughes Mr. John Anderson was available to provide information to the Council. Mayor Hawki ns advi sed the Council that a 1 etter was recei ved from ~1rs. Annie Ti nker stati ng opposi ti on to the wi deni ng cf Cal dwell-Hughes Road, as well as a petition. Th~ City Attorney provided com~ents to the Council regarding recomrrendation #5 of the agenda briefing. After discussion, the Council recommended that: 1) the staff continue to work with Mr. Anderson; a~d 2) Mr. Anderson contact Commissioner Bob Hampton. 5. 3rd Reading and Public Hearing - Ordinance 0-89-723 - An Ordinance Amending the Zoning Ordinance at the request of Mike Sandlin, 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 ]I)D and lEE Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-723. AN ORDINANCE P.MENDING THE ZONING CRDINANCE OF THE CITY OF COLLEYVILLE, TEXAS BY AMENDING THE OFFICIAL ZONING r~AP AND CHANGING THE ZONING OF ABSTRACT 937 TRACT IDe and lEE OUT OF THE NANCY B. LOONEY SURVEY TO THE CITY OF COLLEYVILLE, TEXAS FRC:M AG TO R-20; PROVIDING A PENALTY MT AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Ordinance 0-89-723. Counci 1 person McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 6. Reading and Public Hearing - Resolution R-89-480 - Preliminary Plat Approval P-89-760 - Hidden Oaks Estates requested by Mike Sandlin Mayor Hawkins opened the Public Hearing and read Resolution R-8g-480 in its entirety. There being no one present wishing to speEck the Public Hearing was closed. Councilperson Newton moved to approve Resolution R-89-480 with the following C IlY COUNCIL MINUTES AUGUST 15, 1989 Page 4 stipulations that: 1) the developer modify the plan to ensure that the entrances and exits are located such to be compatible with traffic flows, particularly in regards to the schools; and 2) the emergency exit access on Church Street comply with the City.s emergency access ordinance. Mayor Pro Tern lynch seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Nloes: None 7. 3rd Reading and Public Hearing Ordinance 0-89-724 - An Ordinance Amending the Zoning Ordinance at the request of Gary Traylor, Case Z-89-750 - Zoning Change from AG 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 0-8~:-724. AN ORD1NANCE AMENDING THE ZON1NG ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFF ICIAL ZONING MAP AND CHANGING THE ZONING OF 2.417 ACRE FORTION OF LOT 2, BLOCK 1 OUT OF THE WINEWOOD ESTATES AN ADDITION 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 Myers moved to approve Ordinance 0-89-724. Counci 1 person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Noes: None 8. 3rd Reading and Public Hearing - Ordinance 0-89-724 - 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 oper.ed the Public Hearing and read the preamble to Ordinance 0-89-725. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLlEYVILLE, TEXAS, BY AMENDING THE OFF ICIAL ZONING MAP AND CHANGING THE ZONING CF A 2.267 ACRE PORTION OF LOT 2, BLOCK lOUT OF THE WINEWOCD ESTATES AN ADDITION TO THE CITY OF CCLlEYVILlE, TEXAS FROM AG TO RE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tern lynch moved to approve Ordinance 0-89-725 in accordance with the City staff.s recolllllendation. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, Lynch, McKnight Noes: None City Council Minutes August 15, 1989 Page 5 9. 3rd Reading and Public Hearing - Ordinance 0-89-726 - An Ordinance 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 Hefring and read the preamble to Ordinance 0-89-726. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CCLLEYVILLE, TEXAS, BY A~1ENDING THE OFF ICIAL ZONING ~1AP AND CHANGING THE ZONING OF A 2.824 ACRE POPTION OF LOT 2, BLOCK 1 OF THE WINEWOCD ESTATES AN ADDITION TO THE CITY OF CCLLEYVILLE, TEXAS FROM AG TO R-40; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION There being no cne present wishing to speak the Public Hearing was closed. Mayor Pro Tern lynch IOOved to approve Ordinance 0-8.9-726. Counci 1 person McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 10. Reading and Public Hearing - Resolution R-89-481 - Preliminary Plan Approval P-89-762 - Prestwick Park South requested by Johnny Matthews r~ayor Hawkins opened the Public Hearing and read Resolution R-89-481 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Resolution R-89-481. Mayor Pro Tern lynch seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 11. Reading and Public Hearing - Resolution R-89-482 - Final Plat - P-89-767 - Prestwick Park South requested by Johnny Matthews f4ayor Hawk ins opened the Pub 1 i c Hea ri ng and read Reso 1 ut ion R-89- 482 in its entirety. There being no one present wishing to speak the Public Hearing was closed. David Washington, Washington & Associates, 500 Grapevine Highway, Hurst was present to provide information to Council. Mayor Pro Tern lynch moved to approve Resolution R-89-482. Council person McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None CITY COUNCIL tHNUTES August 15, 1989 Page 6 12. 3rd Reading and Public 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 requested by larry Cole Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-727. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 2.98 ACRE KNOWN AS LOT 1, BLOCK 1 OF THE CALHOUN ADDITION 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 Myers moved to approve Ordinance 0-89-727. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 13. Reading and Public Hearing - Resolution R-89-483 - Final Plat - P-89-765 - Monticello Phase III requested by larry Cole Mayor Hawkins opened the Public Hearing and read Resolution R-89-483 in its entirety. Those present wishing to speak were Greg Lase, Cheatum & Associates, who requested a waiver of Section A 1. of the K-E-F letter. There being no one else present wishing to speak the Public Hearing was closed. Mayor Pro Tern lynch moved to approve Resolution R-89-483 in accordance with the Planning and Zoning recommendations. Council person Myers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 14. 3rd Reading and Public Hearing - Ordinance 0-89-728 - An Ordinance Amending the Zoning Ordinance at the request of Mike Sandlin, Case Z-89-754, Zoning Change from AG to R-20, 51.611 Acre Tract out of the Robert Chowning Survey, Abstract No. 294, Tracts 5A2, 4Al, 4A, the W.R. Joyce 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. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 51.611 ACRE TRACT OF LAND OUT OF THE R. CHOWNING SURVEY ABSTRACT CITY COUNCIL MINUTES August 15, 1989 Page 7 294, THE W.R. JOYCE SURVEY, ABSTRACT 885, A PORTION OF LOT 1, BLOCK 1, CHOWNING ADDITION, LOTS 1, 2, AND 3 JAMES E. ARNOLD SUBDIVISION TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one else present wishing to speak the Public Hearing \'/as closed. Council person Myers moved to approve Ordinance 0-89-728. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 15. Reading and Publ ic Hearing - Resol ution R-89-484 - Prel iminary Plan Approval P-89-759 - Highland Meadows Phase IV requested by Mike Sandlin Mayor Hawkins opened the Public Hearing and read Resolution R-89-484 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Resolution R-89-848. Counci 1 person Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 16. 3rd Reading and Public Hearing - Ordinance 0-89-729 - An Ordinance Amending the Zoning Ordinance at the request of Donita Wiggins, Case S-89-28, Special Use Permit for Cultural Building (Archival library) in R-30 zoning, lot 2, and Portion of lot l-R, Block 1, Wiggins Addition Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-729. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND GRANTING A SPECIAL USE PER~1IT FOR CULTURAL BUILDING (ARCHIVAL LIBARY) IN R-30 ZONING, LOT 2 AND A PORTION OF LOT 1-R, BLOCK 1, WIGGINS ADDITION (2.152 ACRES OF LAND) TO THE CITY OF COLLEYVILLE, TEXAS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were Donita Wiggins. There being no one present wishing to speak the Public Hearing was closed. Council person Myers moved to approve Ordinance 0-89-729. Counci 1 person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 17. 3rd Reading and Public Hearing - Ordinance 0-89-731 - An Ordinance CITY COUNCIL MINUTES August 15, 1989 Page 8 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. AN ORDINANCE AMENDING SECTION 33.2 (h) OF THE COLLEYVILLE ZONING ORDINANCE BY ADDING THE REQUIRH1ENT FOR THE SUBMISSION OF THE LEGAL DESCRIPTION BY METERS AND BOUNDS ON A SEPARATE DOCUMENT There being no one present wishing to speak the Public Hearing was closed. Councilperson Newton moved to approve Ordinance 0-89-731. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 18. 3rd Reading and Publ ic Hearing - Ordinance 0-89-732 - Ordinance to Authorize the Issuance of Certificates of Obligation Mayor Hawkins opened the Public Hearing and Read the preamble to Ordinance 0-89-732. AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF COLLEYVILLE, TEXAS, TAX AND WATERWORKS AND SnJER SYSTEM (LItHTED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 1989"; specifying the terms and features of said certificates; providing for the payment of said certificates of obligation by the levy of an ad valorem tax upon all taxable property within the City and a limited pledge of the net revenues from the operation of the City's Waterworks and Sanitary Sewer System; and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. Boyd London, Financial Advisor, First Southwest, reported the bid tabulations which were as follows: First Second Eppler, Guerin & Turner - Dean Witter Reynolds 7.268534% 7.2694022% Mr. London also identified minor changes to be reflected in Ordinance 0-89-732. Ed Esquivel, of Fullbright and Jaworski, was present to provide additional information to the Council. There being no one present wishing to speak the Public Hearing was closed. Council person Newton moved to approve Ordinance 0-89-732. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None CITY COUNC I L MINUTES August 15, 1989 Page 9 19. Reading and Publ ic Hearing - Resolution R-89-488 - Resol ution Approving and Authorizing "Paying Agent/Registrar Agreement in relation to Certificates of Obligation, Series 1989 Mayor Hawkins opened the Public Hearing and read Resolution R-89-488. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tern lynch moved to approve Resolution R-89-488. Council person Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 20. 3rd Reading and Public Hearing - Ordinance 0-89-733 - Ordinance to Authorize Issuance of Revenue Bonds Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-733. AN ORDINANCE authorizing the issuance of "CITY OF COLLEYVILLE, TEXAS WATERL40RKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1989"; pl edgi ng the Net Revenues of the City's combined waterworks and sanitary sewer system to the payment of the principal of and interest of such Bonds providing the terms and features of such Bonds; resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Bonds, including the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. Boyd London, Fi nanci al Advi sor, Fi rst Southwest, identified mi nor changes to be reflected in Ordinance 0-89-733. There being no one present wishing to speak the Public Hearing was closed. Council person Newton moved to approve Ordinance 0-89-733. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 21. Reading and Public Hearing - Resolution R-89-489 - Resolution Approving and Authorizing "Paying Agent/Registrar Agreement in relation to Revenue Bonds, Series 1989 Mayor Hawkins opened the Public Hearing and read Resolution R-89-489 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mr. Boyd London, Fi nanci al Advi sor, Fi rst Southwest provi ded i nformati on to the Council regarding the selection of NCNB Bank. Mayor Pro Tern lynch moved to approve Resol ution R-89-489. Counci 1 person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None CITY COUNCI l MINUTES August 15, 1989 Page 10 22. 2nd 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 AG 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 the preamble to Ordinance 0-89-734. There being no one present wishing to speak the Public Hearing was closed. 23. 2nd 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 Simon Cotri a 1 Survey, Abstract 328, Tract IF, Woodbury West Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-735. There being no one present wishing to speak the Public Hearing was closed. 24. 2nd Reading and Publ ic 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 the preamble to Ordinance 0-89-736. There being no one present wishing to speak the Public Hearing was closed. 25. 2nd Reading and Public Hearing - Ordinance 0-89-738 - Ordinance concerning the deletion of 4-hour firewall back to 2 hour requirement Mayor Hawkins opened the Public Hearing and read the preamble to Ordiance 0-89-738. There being no one present wishing to speak the Public Hearing was closed. 26. Reading and Publ ic Hearing - Resol ution R-89-485 - Combination Plat Approval P-89-768 - landmark Estates requested by William leGrand ~~ayor Hawkins opened the Public Hearing and read Resolution R-89-485 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Council person Myers moved to approve Resolution R-89-485. Counci 1 person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 27. Reading and Public Hearing - Resolution R-89-486 - Planning CITY COUNC I L MINUTES August 15, 1989 Page 11 and Zoning Commission Appointment Mayor Hawkins opened the Public Hearing and read Resolution R-89-486 in its entirety. There being no one present wishing to speak the Public Hearing was closed. The City Council presented Tom Michaels as the nominee for the Planning and Zoning Commission. Counci 1 person Newton moved to approve Resolution R-89-486 naming Tom Michaels as the nominee for the Planning and Zoning Conmission. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 28. Discussion and Consideration of tax rate, if increase of more than three percent proposed, take Record Vote The City Manager explained the procedure requirements for the consideration of the proposed tax rate and explained that agenda items #28 and #29 had been combined. Council person Newton moved to 1) approve the proposal to increase the tax rate from $.2549 to $.2728; 2) have a Public Hearing on September 5, 1989 regarding proposed the tax rate; and 3) have a vote on the tax rate on September 15, 1989. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 29. Discussion and Consideration to set Date and Time of Public Hearing on the proposed tax rate of more than three percent This agenda item was combined with Item #28. 30. 1st Reading and Public Hearing - Ordinance 0-89-739 - Ordinance Adopting the Budget for 1989-90 Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-739 in its entirety. Those present wishing to speak were Jim Moore, 1416 Glade Road and Opal Ethridge, 5309 Pleasant Run Road, Colleyville. There being no one else present wishing to speak the Public Hearing was closed. 31. 1st Reading and Publ ic Hearing - Ordinance 0-89-740 - Ordinance Setting the Tax Rate for FY 89-90 Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-740 in its entirety. Those present wishing to speak were Jim Moore, 1416 Glade Road, Collevyille. There being no one else present wishing to speak the Public Hearing was closed. CITY COUNCIL MINUTES August 15, 1989 Page 12 The City t1anager stated that citizens requesti ng copi es of the proposed budget may obtain such from the City Secretary according to the procedures of the City. 32. 1st Reading and Public Hearing - Ordinance Establishing a Water and Sewer Rate Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-741 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 33. 1st Reading and Public Hearing - Ordinance 0-89-742 - Ordinance Adopting the 1989 Edition of the Code of Ordinances Mayor Hawkins opened the Public Hearing and read Ordinance 0-89-742 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 34. Second Public 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: 35. Discussion and Consideration of Change Order for Roberts Road/Fox Meadows Drainage The Director of Public Works, Lloyd Wood, provided information to the Counci 1. Mayor Pro Tern Lynch moved to instruct the City staff to proceed according to staff- s recommendations (as outl ined in the agenda briefing). Councilperson McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 36. Discussion and Consideration to analyze Zoning Ordinance in reference to MF Zoning Districts, Principal Uses and Site Plan Control Those present wishing to speak were Tom Wilder, 9003 Airport Freeway, Suite 375, David Washington, Washington & Associates, 500 Grapevine Highway, Hurst, and Sammie Bolling, Planning and Zoning Commissioner. Dave Draz, the Assisant City Manager, provided information to the Council. CITY COUNC I L MINUTES August 15, 1989 Page 13 37. Discussion and Consideration of Perimeter Street Regulations and/or Waiver from Chapter 9.6 I. (Subdivisions) by lloyd McCutcheon in regard to the Pleasant Glade Assembly of God Lloyd McCutcheon, Pastor of Pleasant Glade Assembly of God Church, requested a variance from Chapter 9-6.1 (Subdivisons) Ordinance regulating Perimeter Streets. Mayor Pro Tern lynch moved to waive the subdivison control ordinance as applied to the development of lot 1, Block 1 of the Pleasant Glade Assembly of God Subdivision to allow the development upon the payment of a water impact fee of $4136 and a street escrow of $14,914.25. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, McKnight Noes: None 38. Discussion and Consideration of moving II Persons to speak to the Council on items not on the Agenda II to earlier position on the agenda - Councilperson Ahlers Those present wishing to speak were Jim Moore, 1416 Glade Road, Colleyville. Mayor Pro Tern Lynch requested that the City Manager prepare a memorandum or explanation regarding a denial for request to speak to the Council. 39. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Elder Construction vs. City of Colleyville status and authorization to settle paragraph g - Personnel - EEOC claim by linda Shaw Mayor Hawkins explained that the Executive Session had been called in accordance with Article 6252-17 Section 2 paragraph e and paragraph g. The City Attorney stated that this agenda item would not require a meeting. 40. Possible Action after the Executive Session authorization to settle Elder Construction lawsuit and/or EEOC claim by linda Shaw No action was required on this agenda item. STAFF REPORTS: 41. City Managerls Report The City Manager presented the report to the Council. CITIZEN COMMENTS: 42. Citizen Comments/Presentation Regarding Items Not on the Agenda MISCELLANEOUS ITEMS BY THE COUNCIL: COUNCIL MINUTES August 15, 1989 Page 14 RESOLUTION: 43. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of August 15, 1989 - Reading and Public Hearing - Resolution R-89-487 Mayor Hawkins opened the Public Hearing and read Resolution R-89-487 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-89-487. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, Mcknight Noes: None 44. ADJOURNMENT Mayor Pro Tern lynch moved to adjourn the meeting at 12:53 A.M. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, Myers, lynch, Mcknight Noes: None Respectfully submitted, laVada Johnson ~~~~ OMeN ~ F/d/5 ~ Approved on: ~ ) ~ Ifcf9 I Note: As a matter of public record, an audio recording of the above Council Meeting is available upon request. CITY MANAGER'S REPORT AUGUST 15, 1989 1) TRA Site Problems Council is reminded of the problems that have recently developed regarding the TRA site adjoining the Summertree Addition on Pool Road. Unfortunately this issue has not been completely resolved to the satisfaction of both TRA and the developer. The Mayor and the City Manager met with TRA and expect a copy of their final proposal to the developer regarding the resolution of this issue. Should that not be reached by Monday the Council can expect a further briefing by the City Manager on Tuesday. 2) Radar Tower - Brook Meadows Pl ease be advi sed that we have been requested by Congressman Di ck Armey IS office to have the Council Chambers available on August 23, 1989 at 10:00 a.m. with residents of Brook Meadows Subdivision, the FAA, and the EPA regarding any type of environmental hazards which could result from the location of the radar tower between Brook Meadows and Woodland Hills. Attached please find copy of correspondence to Congressman Armey and addressed to the City Manager dated June 26, 1989. The City Manager did not pursue the request made as the letter's authors asked that this matter be postponed. Apparently they have contacted the Congressman and desi re to approach this issue with Federal officials. 3) Code Compliance Please be advised that Mr. Joe Jones of Oak Knoll Drive recently has been fined by the City's Municipal Judge for zoning violations resulting from Mr. Polanski's complaints. Mr. Jones has been fined a total of $450.50 for four violations. Additionally, the Court fined Mr. Jones $1,013.50 which was suspended pending thirty day compliance. The City's code enforcement personnel will be monitoring compliance to see that the court order is honored. Although Mr. Jones paid these fines, he later decided to appeal. Appeal was denied since the fines were paid waiving his appeal rights. 4) Park Proposal The Council is remi nded that the City staff, members of the Pl anning and Zoning Commission and the Park Board met with developer, Herman Smith, regarding the possibility of designating land along the Little Bear Creek to the City for the purpose of the park. The developer is requesting a consensus from the Council as to whether or not you would like to proceed with their plat maintaining an option for the City to acquire the land in a manner that would not jeopardize a possible park grant. This will be discussed in the pre-meeting or during the City Manager's Report so that the City Manager can report the same to Mr. Smith. 5) Central Development Area Work Session (CDA) The Council needs to deci de when it woul d 1 ike to meet with Herman Smith regarding a Central Development Area (CDA). The Central Development Area includes the area of Highway 26 boarded by Hall Johnson, Bluebonnet and Glade Road. At this time, the developer's consultant will advise the City on the planned use that they propose for their property in this area. The staff suggests that the Council meet to discuss this item during the pre-meeting on September 5, 1989 or in a special separate meeting on September 12, 1989. Council is requested to advise the City Manager accordingly of your desires. It is suggested that Council make the decision regarding the proposal from J.T. Dunkin regarding the study for the Central Development Area and begin at once to analyze and conduct a planning study of this area in the consultant's proposal (attached). The City Manager recommends that the consultant be authori zed to proceed with a fee not to exceed the amount of $5,000 as outl i ned in the study wi thout Counci 1 authority. Unless the City Manager hears otherwise, the Manager will proceed to authorize the consultant to proceed. Additionally the City Manager will invite the consultant to attend the planning sessions regarding the Central Development Area (CDA) as are determined above. 6) AARP Proposal Attached please fi nd a copy of a proposal by the AARP to use the property of L.D. Lockett for a multi-purpose center for Senior Citizens. The City staff has not had a chance to analyze this proposal and provide a recommendation. Council is advised of the request and the staff will advise the Council of the concerns which need to be considered prior to Council's consideration of the proposal. 7) Chisholm Court Fire Attached please find a copy of Chief Bailey's report on the fire recently occuring on 501 Chisolm Court, the home of Mr. Ray Williams. The Council will recall that Mr. Williams was one of the initial requestors for sewer in that area. 8) Bonfi re Request Attached please be advised that G.C.I.S.D. is requesting to conduct their annual bonfire at the O.C. Taylor Elementary property. The City staff plans to approve this request unless the Council has objections otherwise. 9) Volunteer Fire Department As previously advised the Volunteer Fire Department has provided a quarterly financial report for Council 's information and review. 10) Precinct Line Road and Public Hearing Please be advised that State will hold a possible improvements to FM 3029, known as North Richland Hills, Hurst and Colleyville. and brief the Council accordingly. 11) Building Permit Fees In the past the City has charged the G.C. I.S.D for building permit fees. We realize this has created unnecessary hardship between the school district and the Ci ty. The City Manager recommends that we continue to inspect pub 1 i c hea ri ng rega rd i ng the Precinct Line Road, adjoining Staff will attend the meeting the school facil ities, but el iminate charges otherwise due. Should the Council disagree with the City Manager's decision please advise accordingly. 12) Colleyville Soccer Association Request Attached please find correspondence from the Colleyville Soccer Association requesting permission to have a sky-diving team land on the facilities in the City and fire once a Civil War cannon in commencement of their Fall season. The City Manager intends to advise the Soccer Association that such is permitted unless the Council objects otherwise. 13) ZBA Decision Please find attached a copy of the Zoning Clerk's report regarding of the Zoning Board of Adjustment's decision regarding Mike Monk's appeal for a fence variance in Woodland Hills. As related to this issue, the City Council asked the staff to investigate the review of City ordinances as a correcti ve manner to address items such as thi s. The City staff would like to discuss this issue with Council prior to commitment of a full scale project on an issue whi ch we recogni ze is important, but needs clarification for proceeding post haste. Mr. Monk has indicated he plans to ask the Council to revi se the ordi nance as needed to allow the present violation. 14) Park Monthly Report Attached please find correspondence from David Fain, the Parks and Recreation Coordinator, regarding the monthly report activities of theparks. 15) GTE Welcome! Pl ease fi nd a copy of an ad whi ch wi 11 appear in the newspaper for GTE welcoming that corporation to the area and encouraging their personnel's location in our City. 16) Bond Rating In preparation for the Issuance of Certificates of Obligation and Revenue Bonds that Moody's Investor Service and Standard & Poor's have been contacting the City staff regarding the City's financial viability and our abil ity to repay the proposed debt. The City was rated by the rati ng firms as follows: Certificates of Obligation Revenue Bonds Standard & Poor's A-I No rating requested Moody's Unreported as of 10:00 a.m. 08/11/89 17) Budget Work Session Council will be advised that a budget work session has been scheduled for Monday, August 14, 1989 at 7:00 p.m. at the Park Building. PUBLIC WORKS IN PROGRESS A) OAKS/BRIARWOOD STREET REPAIR Quail's Path, Hunter Trail, and Hunter Court have been patched. We have used 220 tons of hot mi x asphalt to date. We wi 11 however have to pull off this job for a week to ten days in order to fill potholes, mow ROWs, etc., We have had some citizens complaining about potholes and mowing for the second and thi rd time, therefore, I feel I must pull the crews from the Oaks/Bri arwood project in order to start on work orders. (See the attached letter from Denny Threlkeld with the Oaks/Briarwood Homeowner's Committee) . B) SCHOOL CROSSINGS City crews have begun painting the school crossings with an estimated completion date of August 18, 1989. C) HIGHLAND MEADOWS PHASE III All the water, sewer, storm drain and paving have been installed and tested. We are waiting on the power to the 1 ift station and its inspection before acceptance. D) FOX MEADOWS II This addition has been finaled as of August 7, 1989. E) PRESTWICK PARK All water, sewer, and storm drains have been installed and testing. The staff is currently awaiting the bacteria reports which should be available by August 15, 1989. F) SOMERSET Approximately 1/5th of the sewer main has been installed. Also 6' x 61 culverts have been set. Two crews have been working on this project. G) SKAGGS Foundation complete, structure work to begin shortly. H) MONTICELLO PHASE II All water, sewer, and storm drains have been installed and tested. The cement batch plant was moved in August 9, 1989, therefore, mixing and placement of pavement should begin by Saturday, August 12, 1989. I) WESTERN TRAIL SEWER The contractor began on August 8, 1989. To date, approximately 2501 has been laid. The estimated completion date is September 1, 1989. J) 1989 STREET IMPROVEMENTS The contractor has stabilized Bluebonnet and Hall Johnson. Bluebonnet should be completed including HMAC overlay by August 10, 1989. K) ROBERTS ROAD SEWER To date, 250' has been installed. The contractor has not been on this job since August 4, 1989. L) STONE BRIDGE ESTIMATE Approximately 4/5th of the sewer main has been installed with service. No estimated completion date can be given at this time. M) SIDE WALK/POOL ROAD Aspha It wi 11 be added to the s i dewa 1 k on Pool Road south of O. C. Taylor during the week of August 21 through 25. This will aid bike riders as requested by Councilperson Myers. N) DRAINAGE CORRECTION/FOX MEADOWS By copy of the attached 1 etter, the owners have been di rected to lower the flume to design specifications and alleviate the drainage problem. Respectfully submitted, ROb~MCDanie' City Manager RTMcD/dMcW E/d/69