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HomeMy WebLinkAboutCity Council-Minutes-10/3/1989 CITY COUNCIL MINUTES October 3, 1989 iJ~o_ \~,~~ \~ The meeting of the City Council was called to order by Mayor Chris Hawkins at 7:48 p.m. on October 3, 1989. Roll Call: Councilperson Richard Newton, Beth Myers, John Lynch, and Ed McKni ght were present. Council person Ahl ers was absent. Mayor Chris Hawkins, City Manager Robert McDaniel, Assistant City Manager Dave Draz, Director of Public Works Lloyd Wood, Fire Chief Darrel "Red" Bailey, Police Chief Don Steele, Cityls Consulti ng Engi neer Gary Fi sher, City Attorney Ross Foster and City Secretary LaVada Johnson were also present. Invocation: Mayor Pro Tem John Lynch gave the invocation after which the City Attorney Ross Foster led the Pledge of Allegiance. Approval of Minutes: September 19, 1989 Councilperson Newton moved to approve the minutes of September 19, 1989. Councilperson Myers seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None CORRESPONDENCE: None ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: PUBLIC HEARINGS: 1. 3rd Reading and Publ ic Hearing - Ordinance 0-89-737 - Ordinance on the annexation of Steve Symonds (being disannexed from Bedford) Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-737. AN ORDINANCE ANNEXING CERTAIN TERRITORY WITHIN THE SILAS ABB SURVEY, ABSTRACT NUMBER 96, AND ACKNOWLEDGING A BOUNDARY AGREE~lENT W!TH THE C!TY OF BEDFORD. There being no one present wishing to speak the Public Hearing was closed. The City Attorney provided information to the Council regarding the execution of an agreement with Mr. Symonds. Council person Newton moved to table Resolution R-89-738 pending the execution of an agreement with Mr. Symonds. Councilperson McKnight seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None The City Attorney will provide information to the Council regarding the statutory 1 imitations concerning the action to table the annexation in regard to time requirements. C!TY COUNC I L MINUTES October 3, 1989 Page 2 2. 2nd Reading and Public Hearing - Ordinance 0-89-744 - An Ordinance Amending the Zoning Ordinance at the request of Ernest R. Owen, Case Z-89-772, Zoning Change from AG to R-20, 35.26 acre Tract out of the R. Chowning Survey, Abstract 294, Tracts 2 and 3Al and a portion of Tract 3A and lC Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-744. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tem Lynch stepped down due to a conflict of interest. 3. 2nd Reading and Public Hearing - Ordinance 0-89-745 - An Ordinance Amending the Zoning Ordinance at the request of Norwood National Corporation, Mill Creek Subdivision, Case Z-89-771, Zoning Change from AG to R-40 to PUD-R, 134.29 acre Tract out of the J.W. Haynes Survey, Abstract 785, Tract IB; the A.T. Young Survey, Abstract 1756, Tracts 1, lC, the T. J. Polson Survey, Abstract 1248, Tracts 27, 2T, 2HH, 2HH2, 2D, 2BB, 2Ql, 2Q, 2JJ and Lot 1, Block 1, Heffley Addition Mayor Hawking opened the Public Hearing and read the preamble to Ordinance 0-89-745. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tem Lynch returned to the Council. 4. 2nd Reading and Public Hearing - Ordinance 0-89-746 - An Ordinance Amending the Zoning Ordinance by Allowing Lower Density Use in R-MF Zoning Districts by Special Use Permit Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-89-746. There being no one present wishing to speak the Public Hearing was closed. 5. Reading and Publ ic Hearing - Resolution R-89-496 - Appointment of Planning and Zoning Comissioners The Council requested information concerning the status of information regarding insurance of Boards and Commission members. This item was Tabled until the next agenda. 6. Reading and Public Hearing - Resolution R-89-497 - Appointment of Zoning Board of Adjustment Commissioners This item was Tabled until the next agenda. (See Agenda Item #5). 7. Reading and Public Hearing - Resolution R-89-505 - Replat Approval - Western Trails Addition, Section 2, Block 4, Lots 54R and 55R - Case P-89-779 at the request of Terry Sisk Mayor Hawkins opened the Public Hearing and read Resolution R-89-505 in its C!TV COUNCIL MINUTES October 3, 1989 Page 3 entirety. Terry Sisk, 7616 Overland Trail, was available to provide information to the Council. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Resolution R-89-505 contingent upon the stipulation that when available the sewer taps fees for both lots be paid. Councilperson McKnight second the motion. The vote being: Ayes: Noes: Newton, Myers, Lynch, McKnight None 8. Reading and Public Hearing - Resolution R-89-509 - Final Plat Approval - Pebble Hill Plantation Estates - Case P-89-783 at the request of Burk Collins Mayor Pro Tem Lynch stepped down due to conflict of interest. Mayor Hawkins opened the Public Hearing and read Resolution R-89-509 in its entirety. Those present wishing to speak were Jack Fluitt, 8251 Bedford-Euless Road, North Richland Hills. The developerls engineer, John Zimmerman, P.L, R.P.S., 107 Division Court, Arlington, Texas spoke to the Council. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Myers moved to approve Resolution R-89-509 with the stipulation that a maintenance identification and responsibil ity statement be placed on the plat in regard to subdivision entry. Counilperons Newton seconded the motion. The vote being: Ayes: Noes: Newton, Myers, Lynch, McKnight None Mayor Pro Tem Lynch returned to the Council. ACT ION ITEMS: 9. Speak to the Council - Ruth Ann Plain - appeal the Planning and Zoning Commission's recommendation of disapproval for zoning case Ruth Ann Plain, 909 LaVaca Trail, Collyville provided background information to the Council. Councilperson McKnight moved to place this item on the next agenda for action. Mayor Pro Tem Lynch seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None 10. Discussion and Consideration of Agreement with Ed Feitel - Skateboard Ramp The Council discussed their concerns and frustrations concerning an article which appeared in the Grapevine Sun and the implications perceived regarding C!TY COUNCIL MINUTES October 3, 1989 Page 4 the Council I s effort. Mr. and Mrs. Ed Feitel, 509 Sagebrush, spoke to the Council regarding this issue and reenforced their opinions as being acurrately reported by the newspaper. Council person Newton moved to approve the agreement as written. Mayor Pro Tem Lynch seconded the motion. The vote being: Ayes: Newton, Myers, lynch, McKnight Noes: None 11. Discussion and Consideration of Request of Refund for Back Taxes - Jerry Neidholt Mr. Neidholt has requested that the City refund $1411.47 for back taxes. The City Attorney provided a legal opinion to the Council. Council person McKnight moved to pay Mir. Neidholt a rebate in the amount of $1,411.47 for back taxes. Councilperson Myers seconded the motion. The vote being: Ayes: Newton, Myers, McKnight Noes: Lynch 12. Discussion and Consideration of Park Board Recommendation to Award Contract for the Preparation of a Park Master Plan David Fain, the Parks and Recreation Coordinator, introduced the Park Board members and provided information to the Council regarding a Master Plan for the City. Those present wi shi ng to speak to the Council were Terry Cheek, of Schrickel, Rollins and Associates, Inc., Paul Vigiletti, Chairman of the Park Board, and Lila Coley. Mayor Pro Tem Lynch moved to employ the fim of Schrickel, Rollins, and Associates, Inc., to prepare a Park Master Plan for the City of Colleyville for a fee in the amount of $26,000 to $34,000 ($30,000, if possible) from the capital expenditure budget. The cost range of the proposal should be fine tuned by the Park Board. Council person Newton seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None 13. Dicussion and Consideration of Developer Agreement for Monticello Phases III and IV Cary Hy, Larry Cole Companies, 807 Forest Ridge, Suite 104, Bedford provided information to the Council regarding the paving of roads on Tillman Hill. Those present wishing to speak to the Council were Louis Miller, 7800 Underhill Acres #B, Rick Aiken, 7800 #A Underhill Acres, and Robert Ballou, 200 Tillman Hi 11 Road. Council person Newton moved to approve the Developer Agreement for Monticello C!TY COUNC I L MINUTES October 3, 1989 Page 5 Phase IV. Council person McKnight seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None No action was taken on Monticello Phase III. This item will be placed on the next agenda. 14. Discussion and Consideration of Adjusting Pay Policy Revision - Reading and Public Hearing - Resolution R-89-510 The City Manager provided information to the Council regarding the overtime provision of Resolution R-89-510. Mayor Hawkins opened the Public Hearing and read Resolution R-89-510, Section 2 only in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor Pro Tem Lynch moved to approve Section 2 of Resolution R-89-510. Councilperson Newton seconded the motion. The vote being: Ayes: Noes: Newton, Myers, Lynch, McKnight None The remaining sections of Resolution R-89-510 will be placed on the next agenda. 15. Discussion and Consideration of Amending the Zoning Ordinance regarding fence setback regulations - Mayor Pro Tem Lynch This agenda item was delayed to provide the staff an opportunity to answer the questions expressed by the Council. 16. Discussion and Consideration of Interlocal Agreement - School Resource Officer Mayor Pro Tern Lynch moved to Table this agenda item unti 1 the next agenda. Councilperson McKnight seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None 17. Discussion and Consideration of Revising Impact Fees The Council set a work session on October 12, 1989 to discuss this agenda item. 18. Discussion and Consideration of request from the City of Hondo for support of additional correctional and mental health treatment Reading and Public Hearing - Resolution R-89-511 No action was taken on this agenda item. The Council moved to agenda item #21. 21. EXECUTIVE SESSION - In accordance with Article 6252 - 17 Sec 2 paragraph g - Consideration of Back Pay Request - R. Tice Mayor Hawkins explained that the Executive Session had been called in accordance C!TY COUNCIL MINUTES October 3, 1989 Page 6 with Article 6252-17 Section 2 paragraph g. and that there would be no decisions or actions taken during this time. The meeting was recessed at 1:10 a.m. The meeting was reconvened at 1:28 a.m. 22. Possible action on Executive Session - paragraph g - consideration of back pay request - R. Tice There was no action taken on this item. STAFF REPORTS: 19. City Manager Report - Budget Report The City Manager revi ewed hi s City Manager report and di scussed the parade scheduled for October 7, 1989. CITIZEN COMMENTS: 20. Citizen Comments/Presentation Regarding Items not on the Agenda. None. MISCELLANEOUS ITEMS BY THE COUNCIL: None 23. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the meeting of October 3, 1989 - Reading and Public Hearing Resolution R-89-512 Mayor Hawkins opened the Public Hearing and read Resolution R-89-512 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-89-512. Councilperson Newton seconded the motion. The vote being: Ayes: Newton, Myers, Lynch, McKnight Noes: None Mayor Pro Tem Lynch requested that a separate Resolution be approved for agenda item #11, the rebate of back taxes for Mr. Neidholt. Counci 1 person Newton moved to approve Reso 1 uti on R-89-513 for a rebate of back taxes to Mr. Niedholt in the amount of $1411.47. Councilperson McKnight seconded the motion. The vote being: Ayes: Newton, Myers, McKnight Noes: Lynch ADJOURNMENT: CITY COUNC I L MINUTES October 3, 1989 Page 6 24. Adjournment Mayor Pro Tem Lynch moved to adjourn the meeting at 1:45 a.m. Newton seconded the motion. The vote being: Counci 1 person Ayes: Newton, Myers, Lynch, McKnight Noes: None ~;J;;;;ZjL LaVada Johnson City Secretary DMcW J)~j~ Iff9 Approved on: Note: As a matter of publ i c record, an audio recording of the above Council meeting is available upon request. CITY MANAGERIS REPORT October 3, 1989 1) Colleyville Bar-B-Q Parade Insurance At the last meeting the City Council directed the City Manager to acquire insurance for naming the Bar-B-Q Cookoff as insured. Attached pl ease find correspondence from the insurance company whi ch basi ca lly provides the following information: 1) When the City recently accepted sponsorship of a parade, the City lost coverage under current general liability coverage; 2) The only coverage thatls available protects the public who would be watching that parade or driving in the area and does not include participants or volunteers; 3) A request by the carrier to find insurance coverage for participants was unsuccessful. The City Manager will purchase this insurance as proposed unless the Council directs the City Manager otherwise. The City Manager does not feel that this insurance if purchased would meet the desired need of the Councilor the Cook-off Association. The Council IS feedback would be appreciated. Additionally, another agent will be contacted by the City Manager. 2) ZBA Decision RE: ZBA Case No. A-89-259 Attached please find copies of draft minutes of the ZBA decision which was recently reached by the Zoning Board of Adjustments. The decision made by the Zoning Board of Adjustments may not have honored the fact finding requirements of the ordinance.. The Council is also advised that the result of their decision will allow a corner lot to have a fence all the way out to the front so that the adjoining lots, not on the corner but that face the street, wi 11 have a fence that exceeds their front yard setback on their side lot. 3) Chamber of Commerce Auction Attached please find correspondence where the City will make a goodwill gesture for the Chamber event. The City wi 11 offer to make fi ve street signs for individuals wishing to donate $25.00 to the Chamber. Additionally, we will be providing a reconditioned fire hydrant for use as a "canine necessary station". The fire hydrant was destined for scrap material, and therefore, was of minimal value to the City. Additionally Mayor Hawkins may be offering a Mayoral contribution for which is yet to be finalized. 4) Chamber of Commerce Economic Development Contract The City Manager reminds the Council that the contract that we approved for the Chamber of Commerce sets a funding 1 imit as those budgeted in the city. Fifteen thousand ($15,000) was budgeted for FY 88/89 and the same for FY 89/90. Should the Council feel that there should be some restri ctions on that amount of funding to be provi ded for the Chamber, please advise the City Manager accordingly so that I can communicate that to the Chamber of Commerce. 5) Tax Exemption Deadline Attached pl ease fi nd correspondence from Gl enda Smith i nformi ng the City Manager that the deadline for determining tax exemptions is May 1st of each calendar year pursuant to Secti ons 11, 13 and 6.08 of the Texas Property Tax Code. A copy of hereof will be communicated to Joe Forsythe who expressed interest in the location of this in the property code. 6) Joe Jones Violation Please be advised that Mr. Jones was substantially in compliance wi th those fi nes suspended by the judge who set September 1st as the date for compliance. Additional citations have been issued on junk vehicles. Seven citations have been issued, three of which have been appealed. Several have been set for court date of October 18, 1989. We expect that Mr. Jones will appeal the four recent citations for junk vehicles. 7) Code Enforcement Officer Kirsten Loftis have begun her tour of duty as Code Enforcement Officer. She is presently orienting herself to the City, the administration and the code enforcement issues that she will be responsible for in the City. Kirsten will be available at the meeting for the Council to meet and welcome to the Colleyville team. 8) Bond Rating Attached please find a copy of a municipal credit report prepared by Moody's regarding the Cityls certificate of obligation issuance of $1.2/M as provided by First Southwest. 9) Oaks/Briarwood Complaint For the Council IS information some of the citizens apparently are not aware of the effort the City is trying to undertake in providing a good band-aid approach to the Oaks and Brairwood Streets. Attached please find a copy of a complaint received by Mr. Brian Renoe, as well as the City Managerls response to that complaint. 10) TML Conference The annual Texas Municipal League Conference is set for October 27 _ 29, 1989 in San Antonio. The City Council is invited to attend this conference. We feel that you will find the association with Council people from other cities of significant value. The conference has traditionally been well conducted, professional and has been of benefit to Council people in their performance as elected officials. Please advise the City Secretary of your plans if they have changed as possible so that arrangements can be provided for. 11) Symonds Annexation Request Mr. Symonds is in the process of requesting an RE zoning on his presently R-30 zoning on this property located on Quail Run. He has temporarily withdrawn this issue pending the outcome of the annexation issue. He also has discovered a temporary problem with respect to the requested RE zoning. The minimum lot width cannot be met for his property for RE zoning. He desires RE zoning to be able to continue to use his property in a rural and residential estate setting for horses, various other animals and use activities. I expect Mr. Symonds to pursue with this request as a resolution of the annexation issue. 12) Precinct Line Public Hearing Please be advised that the Public Hearing has been set for Thursday October 5, 1989 at Shady Grove Baptist Church, 8241 Precinct Line Road. 13) Sagebrush Sewer Tie-On We have received at least one complaint regarding the price, policy and the time frame to tie-on to the City sewer. We expect that more complaints will be forthcoming, therefore, the Council should be prepared. PUBLIC WORKS IN PROGRESS A) Oaks and Brairwood Streets We have completed the patch work in the Oaks and Brairwood Addition. Approximately three more days of clean up work exist before the streets can be sealed. The bid opening on the slurry seal wil be held on October 17, 1989 at 2:00 p.m. B) Drainage The first week of October has been scheduled for the continuance of cleaning the drainage ditch in the Brairwood Addition. C ) Mowi n g The city crews have begun mowi ng ri ght-of-ways. The crews have been getting behind on the mowing, but hopefully we will be get caught up shortly. D) Inwood Street The city crews have removed additional deteriorated asphalt on Inwood Drive which was caused by poor base and water underneath the pavement. E) Low Water Crossing The city crews have rebuilt the low water crossing gate on Oak Knoll which was demolished by an automobile. F) Central Drive The city crews have cut out an area approximately twenty (20) foot square on Central Drive due to the deterioration of the concrete. G) Code Review Committee Initial contact with the Code Review Committee was made on September 25, 1989. Jesse Lawson, the Building Inspector, will be contacting the members shortly to notify them of the first meeting. H) Monticello Phase II The City accepted Monticello Phase lIon September 15, 1989. Respectfully submitted, ~ Robert T. McDaniel City Manager RTMcD/dMcW G/d/29