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HomeMy WebLinkAboutCity Council-Minutes-2/4/1992 MINUTES OF COLLEYVILLE CITY COUNCIL FEBRUARY 4, 1992 At 6:15 p.m., the City Council Interviewed applicants for the Parks and Recreation Board. The regular meeting of the City Council of the City of Colleyvil1e was called to order by Mayor Pro Tern Ed McKnight on February 4, 1992, at 6:47 p.m. ROLL CALL: Councilmembers Linda Ahlers, Richard Newton, Steve McKain, and Cheryl Feigel were present. Mayor Pro Tern Ed McKnight, City Manager Bob stripling, Assistant City Manager David 1. Draz, Jr., Director of Community Development John Warden, City Engineer Mike Jones, Administrative Assistant Barbara Bankston, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Mayor Pro Tem Ed McKnight gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of January 21, 1992 Councilman Newton asked that the wording be changed on Item No. 13, paragraph 7, to read ". . . . have the City Attorney look at this to see that the wording is appropriate for dedication at a later date." Councilman Newton also asked that the wording on Item No. 14, Paragraph 5 be changed to read, " . . . developers initial intent was to plat this R zoning as R-30 and R-40 sized lots." Councilperson Feigel asked that wording be added on Item No. 27, Paragraph 1, so that it reads, " . . . Planning and zoning meetings and to have a Planning and Zoning Commission member present at all Council Meetings." Councilman McKain moved to approve the Minutes of the Regular Council meeting of January 21, 1992, as amended. Councilman Newton seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared the motion carried. 2. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property paragraph f - Legal - Litigation - School site Special Use Permit paragraph g - Personnel - Consideration of Appointment of Mayor Mayor Pro Tem McKnight explained that the Executive Session had been called in accordance with Article 6252-17, Section 2, Paragraph e - land acquisition, paragraph f - legal, and paragraph g - personnel. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 6:52 p.m., and was reconvened at 7:42 p.m. -1- CITY COUNCIL MINUTES FEBRUARY 4, 1992 3. POSSIBLE ACTION FROM EXECUTIVE SESSION - In accordance with Article 6252- 17 Sec 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property paragraph f - Legal - Litigation - school Site Special Use Permit paragraph g - Personnel - Consideration of Appointment of Mayor Councilperson Ahlers moved to appoint Alan Linford as Mayor of the City of Colleyville until such time as his successor is elected at the special election on May 2, 1992. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried and introduced Mayor Alan Linford to the audience. CORRESPONDENCE: There was no correspondence discussed. MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: Mayor Pro Tern McKnight asked Chris Hawkins, Tricia Hawkins and Breck Hawkins to step forward and presented Chris Hawkins with a plaque from the City Council and the Citizens of Colleyville, thanking him for his service as Mayor of Colleyville from May, 1989, until January 9, 1992, and wishing him the best of luck in his future endeavors. Chris Hawkins thanked the Council and the Citizens for the plaque and their well wishes. The Council Meeting was recessed at 7:50 for cake and coffee in honor of Chris Hawkins and was reconvened at 8:10 p.m. CONSENT: 4. READING AND PUBLIC BEARING - Resolution R-92-749 - Consent Items: a. Award of Bid 92-02, Finance Microcomputers b. Approval of Finance Software Licensing Agreement c. Award of Bid for Editorial and Publication Services - Colleyville Communicator Newsletter d. Approval of Interlocal Agreement with the City of Grapevine for the Construction and Maintenance of the Intersection of Pool Road and Hall-Johnson Road. e. Approval of City - Developer Agreements for Ashmore 2-A and 2-B f. Approval of Licensing Agreement with Texas Utilities for the use of Pleasant Run Property Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-749 in its entirety. Councilman McKain advised he would be stepping down from the Council table for this item, due to a conflict of interest. -2- CITY COUNCIL MINUTES FEBRUARY 4, 1992 There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Feigel moved to approve Resolution R-92-749. In answer to questions of Councilman Newton, Mr. Jones advised that water and sewer inspection fees would be paid by the Developer, that the escrow for Glade Road improvements was based on the same figures as discussed in previous meetings, and Mr. Stripling advised that the proposed computers would be connected to printers that would be networked. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. Councilman McKain returned to the Council table. PUBLIC HEARINGS: 5. READING AND PUBLIC HEARING - Resolution R-92-750 - Calling the General Election and a Special Election for May 2, 1992 Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-750 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilman Newton moved to approve Resolution R-92-750. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilperson Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 6. READING AND PUBLIC HEARING - Resolution R-92-7 4 7 - Request of Jesse Vester, Case P-92-940, Combination Preliminary Plan and Final Plat, 5.6265 acre tract of Lots R13 and R14, Block 1, Colleyville Industrial Park and tracts 2B2a, 2C2A3, 2B3C, and 2B3B out of the A.J. Lott Survey, Abstract 963 - Lot R14-1, Block 1, Colleyville Industrial Park (1801 Industrial Boulevard) Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-747 in its entirety. Mr. Jesse Vester, Applicant, and Mr. Matt Goodwin, Engineer with Goodwin and Marshall, were present to answer questions of the Council. Discussion was held concerning the fire line, the proposed green space around the subject property, and the drainage on said property. Mayor Pro Tern McKnight asked if there was anyone from the audience wishing to speak concerning this item. There being none, Mayor Pro Tern McKnight closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-92-747 subject to the compliance of staff recommendations as follows: -3- CITY COUNCIL MINUTES FEBRUARY 4, 1992 1. The addition of a plat note to read "Provisions for water service and possible sanitary sewer service extensions will be required of the subdivider prior to issuance of a building permit." 2. Revision of plat title to read "Final Plat, Lot R-14-1, Block 1, Colleyville Industrial Park," being a replat of Lots R-13 and R-14, Block 1, Colleyville Industrial Park and four tracts in the A. J. Lott Survey, A-963. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 7. READING AND PUBLIC BEARING - Resolution R-92-748 - Request of T.L.S. Homes, Case P-92-936, Preliminary Plan, 12.294 acre tract out of the W.R. Joyce Survey, Abstract 885, tracts 1C1, 1C2, 1C3, 1C4 - Highland Meadows Phase V, Sections One and Two, Hall Johnson and Pool Road Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-748 in its entirety. There was no one present to speak concerning this item. Mr. Terry Sandlin, applicant, was present to answer questions of the Council. Discussion was held concerning the overview of the current plan and the original plan regarding the drainage in reference to the storm drain pipe, the easement necessary to improve the drainage, and the depth of the ditch. Mayor Pro Tern McKnight asked if there was anyone from the audience wishing to speak concerning this item. There being none, Mayor Pro Tern McKnight closed the Public Hearing. Councilman Newton moved to approve Resolution R-92-748. councilperson Ahlers seconded the motion. Ayes: Nays: Councilperson Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 8. READING AND PUBLIC BEARING - Resolution R-92-753 - Establishing a Sidewalks Policy Task Force, defining a scope of work and setting a deadline for the completion of the task Mayor Pro Tern McKnight opened the Public Hearing and read Resolution R-92-753 in its entirety. There was no one present to speak concerning this item, and Mayor Pro Tern McKnight closed the Public Hearing. Discussion was held among the Councilmembers regarding this Task Force emphasizing access to schools and parks and making this access their first priority. -4- CITY COUNCIL MINUTES FEBRUARY 4, 1992 Discussion was also held concerning the manner in which volunteers would be recruited. The Council requested that all Homeowners Associations be contacted, the school PTA, and AARP representatives be contacted. It was the consensus of the Council that appointments would be made at the regular City Council Meeting of March 3, 1992. Councilperson Ahlers moved to approve Resolution R-92-753. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 9. 3RD READING AND PUBLIC BEARING Ordinance 0-91-852 Approving implementation in the City of Colleyville of a change in rates charged by Tri-County Electric Cooperative, Inc., for Electric Utility Service - TABLED Mr. stripling stated the staff's recommendation is to have this item remain tabled. There was no motion from the Council to remove this item from the "table;" therefore, this item remains TABLED. 10. 3RD READING AND PUBLIC BEARING - Ordinance 0-91-855 - Amending Master Plan Thoroughfare Plan to remove Caldwell Hughes Road from the John McCain to Tinker Road as a minor collector - TABLED There was no motion from the Council to remove this item from the "table;" therefore, this item remains TABLED. 11. 3RD READING AND PUBLIC BEARING - Ordinance 0-91-848 - Amending the Zoning Ordinance of the City of Colleyville, Texas, by amending the official zoning map and changing the zoning of Harrell Hughes Survey, Abstract 656 (45.470 Acres), a portion of Tract 4, 3, 3A, and the H. F. Wall Survey, Abstract 1973, a portion of Tract 1A in the City of Colleyville, Texas, from AG to PUD-R; providing a penalty and authorizing publication - TABLED Councilperson Feigel moved to remove Ordinance 0-91-848 from the table. Councilperson Ahlers seconded the motion. Ayes: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared Ordinance 0-91-848 removed from the table. Mr. Stripling advised the Council that the City Staff had met with the applicant and the City Attorney. He stated that the applicant would convey the property to the City and the City would immediately convey the property back to the applicant and the property would again be conveyed to the City at the time the City acquired property that is contiguous with the subject property. Discussion ensued between the Council, City Staff, and Mr. Raman Chandler, applicant, concerning the open space, maintenance of the open space, access points, buffer strips, letters from two Planning and Zoning Commissioners regarding this request, limited access entrance with Knox Lock, the park area being public or private, and the proposed private street for the homes along John McCain. -5- CITY COUNCIL MINUTES FEBRUARY 4, 1992 Councilperson Ahlers moved to approve Ordinance 0-91-848, with the elimination of Note #4 of the PUD-R Site Plan regarding the limited access gate, an amendment to Note #2 regarding the fencing; stating it is to be at least 40% masonry and wrought iron between the lot lines and the open space, and including the following wording Note #1 regarding the conveyance of the park land: reconvey said property to declarant provided, that the conveyance by the City shall be of a base fee with the City retaining the possibility of a reverter conditioned upon the City owning property contiguous to the conveyed property for park purposes. Councilman McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 12. 3RD READING AND PUBLIC BEARING - Ordinance 0-91-849 - Amending the Zoning Ordinance of the City of Colleyville, Texas, by amending the official zoning map and changing the zoning of the Harrell Hughes Survey, Abstract 656 (12.889 Acres), a portion of Tracts 4, 3, 3A, and the H. F. Wall Survey, Abstract 1973, a portion of Tract 1A to the City of Colleyville, Texas, from AG to R-20; providing a penalty and authorizing publication - TABLED Councilperson Feigel moved to remove Ordinance 0-91-849 from the table. Councilperson Newton seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tem McKnight declared Ordinance 0-91-849 removed from the table. Discussion ensued between the Council, City Staff and Mr. Raman Chandler, applicant, in connection with Item No. 11, regarding access points, screening fences, Deed Restrictions, the proposed zoning of the lots along John McCain Road, the contents of the site plan, drainage, park amenities, and the buffer along the park. Councilman McKain moved to table Ordinance 0-91-849. There was no second to the motion and Councilman McKain withdrew the motion to table this item. Councilperson Feigel stated she is concerned with safety issues and moved to table Ordinance 0-91-849, giving City Staff an opportunity to look at traffic projections along John McCain Road. Councilman Newton seconded the motion. Ayes: Nays: Councilpersons Newton, McKain, and Feigel Councilpersons Ahlers and McKnight Mayor Pro Tern McKnight declared the motion carried. -6- CITY COUNCIL MINUTES FEBRUARY 4, 1992 13. 3RD READING AND PUBLIC BEARING - Ordinance 0-92-856 - Amending the Zoning Ordinance to allow two real-estate sales offices per subdivision Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-92-856. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Councilman McKain moved to approve Ordinance 0-92-856. councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Pro Tern McKnight declared the motion carried. 14. 2ND READING AND PUBLIC BEARING - Ordinance 0-92-857 - Request of James Gillham, Case Z-91-934, Zoning Change from AG to R40, 3.03 acre tract out of the John Gilmore Subdivision, Lots 1, 2, and 3 (6004 Bettinger) Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-92-857. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 15. 2ND READING AND PUBLIC BEARING - Ordinance 0-92-858 - Request of Herbert & Yvonne Dornberger, Case Z-91-935, Zoning Change from AG to R20, 1.00 acre tract out of the A. J. Caldwell Survey, Abstract 331, Tract 2J (1309 Tinker Road) Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-92-858. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. 16. 2ND READING AND PUBLIC BEARING - Ordinance 0-92-859 - Amending the Master Plan Thoroughfare Plan to remove Wyatt Drive as a Major Collector Upgrade Mayor Pro Tern McKnight opened the Public Hearing and read the caption of Ordinance 0-92-859. There was no one present to speak concerning this item and Mayor Pro Tern McKnight closed the Public Hearing. Mr. Mark Howe, applicant, presented an exhibit and explained the requested change. 17. 1ST READING AND PUBLIC BEARING - Ordinance 0-92-850 - Request of Mark A. Howe, Case Z-91-930, ML to PUD-R, 25.446 acre tract out of the A.J. Lot Survey, Abstract 963, Tract 6 - Ross Downs Estates V Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-92-850 in its entirety. LuAnn Edwards, Planning and Zoning Commissioner, was present concerning this item and briefly explained to the Council the Planning and Zoning Commission's discussion and action regarding this item. -7- CITY COUNCIL MINUTES FEBRUARY 4, 1992 Mayor Pro Tern McKnight asked if there was anyone else in the audience to speak concerning this item. There being none, Mayor Pro Tern McKnight closed the Public Hearing. Mr. Mark Howe, applicant, was present to answer questions of the Council. Discussion ensued regarding proposed buffering along Wyatt Drive between the residential area and the commercial area, fencing, sidewalks, access through Highland Meadows, issuance of Certificates of Occupancy, alternate Deed Restrictions (Section D), the proposal of less than 20% open space and the unfinished street. Mr. Howe was requested to provide information concerning the open space to City Staff by February 11, 1992, for inclusion in the City Council packets of February 14, 1992, and was asked to be prepared to discuss the unfinished street in regard to drainage and erosion during the regular Council meeting of February 18, 1992. 18. 1ST READING AND PUBLIC BEARING - Ordinance 0-92-860 - Request of S&W Beverages, Inc., Case S-92-35, Special Use Permit to allow the sale of beer and wine at the Jewel Os co Store at 4801 Colleyville Boulevard Mayor Pro Tern McKnight opened the Public Hearing and read Ordinance 0-92-860 in its entirety. There was no one present to speak concerning this request and Mayor Pro Tem McKnight closed the Public Hearing. Mr. Phil Dexter, S & W Beverages, was present to answer questions of the Council. Discussion was held concerning the applicant being S & W Beverage rather than Jewel Osco, Texas Alcoholic Beverage Commission rules versus the City's zoning requirements, and who would actually own the proposed permit. ACTION ITEMS: 19. DISCUSSION AND CONSIDERATION OF RECYCLING PROGRAM Ms. Mary Shrader, Representative of the Recycling Committee, was present and advised that she is pleased with the Recycling Program to-date and that the Committee has met all of their preliminary goals. She also advised that the participation goals have been exceeded. Ms. Shrader reviewed the recommendations of the Committee including the request for a Recycling Board. In answer to questions of the Council, Ms. Shrader stated the Board should not be approaching the Council for additional funding during the next budget year, other than what has already been proposed, but that the Board could apply for grants that are available for recycling programs. She also stated that the Block Captain and the Educational Programs are the Committee's next endeavors. Ms. Shrader advised that Laidlaw, (the City'S contracted recycling company), went into three of the City's Elementary Schools and presented a recycling program to the student body. She stated the School Staff and students have been very receptive and cooperative. Ms. Janet Williams, Representative of the Recycling Committee, was also present and stated, in answer to questions of the Council, that the City of Grapevine is interested in working with other cities in a "Don't Bag It" program and a composting program. She stated that the City of Grapevine is encouraging the composting on an individual basis at this time. The Council was complimentary of the report and stated they were appreciative of the work that has been done. -8- CITY COUNCIL MINUTES FEBRUARY 4, 1992 It was the consensus of the Council to advertise for members of a Recycling Board and to have the City Staff prepare a Resolution incorporating the recommendations as they have been presented. Mayor Pro Tern McKnight thanked the Committee Members for the work they have done on this worthwhile endeavor. 20. DISCUSSION AND CONSIDERATION OF PARKS AND RECREATION BOARD APPOIHTMENTS Mayor Pro Tern McKnight explained that the Council had interviewed four applicants and that there are two incumbents wishing to remain on the Board. He recommended filling three of the four vacancies, leaving one opening on the Board. Councilperson Ahlers nominated Yvonne Hatton to Place 2 of the Park and Recreation Board. There were no other nominations made and the vote was as follows: Hatton: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Pro Tern McKnight declared Yvonne Hatton appointed to Place 2 of the Park and Recreation Board. Councilman Newton nominated Paul Vigiletti to Place 6 of the Park and Recreation Board. There were no other nominations made and the vote was as follows: Vigiletti: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Pro Tern McKnight declared Paul Vigiletti appointed to Place 6 of the Park and Recreation Board. Councilman McKain nominated Jack Hartnett to Place 8 of the Park and Recreation Board. There were no other nominations made and the vote was as follows: Hartnett: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Pro Tern McKnight declared Jack Hartnett appointed to Place 8 of the Park and Recreation Board. It was the consensus of the Council to leave Place 4 vacant until a later date. 21. DISCUSSION AND CONSIDERATION OF ZONING BOARD OF ADJUSTMENT APPOINTMENTS Councilperson Cheryl Feigel nominated Al Mays to Place 1 of the Zoning Board of Adjustment, filling the unexpired term of Tony Licata. There were no other nominations made and the vote was as follows: Mays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Pro Tern MCKnight declared Al Mays appointed to Place 1 of the zoning Board of Adjustment. 22. DISCUSSION AND CONSIDERATION OF COUNCIL CHAMBER USE POLICY There was no one present wishing to speak concerning this item. Discussion ensued among the Council concerning one-time uses versus regular use, damage to the room, the proposed deposit, implementation of a fee in mid-budget year, the need for a policy, and the possibility of remodeling the City Park Annex at 5109 Bransford Road to be used for public meetings. -9- CITY COUNCIL MINUTES FEBRUARY 4, 1992 It was the consensus of the Council to postpone action on this item until staff can review the possibility of remodeling the City Park Annex at 5109 Bransford Road. REPORTS: 23. REPORTS OF ADVISORY BOARDS AND COMMISSIONS There was no action taken on this item. STAFF REPORTS: 24. CITY MANAGER'S REPORT There was no action taken on this item. CITIZEN COMMENTS: 25. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There were no citizens comments or presentations made. ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 4, 1992 - Reading and Public Hearing - Resolution R-92-752 Mayor Pro Tem MCKnight opened the Public Hearing and read Resolution R-92-752 in its entirety. There was no one present to speak concerning this item and Mayor Pro Tem McKnight closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-92-752. Councilman Newton seconded the motion. Ayes: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Nays: None Mayor Pro Tem McKnight declared the motion carried. THE CITY COUNCIL RECESSED THE REGULAR MEETING AND RETURNED TO EXECUTIVE SESSION AT 12:00 MIDNIGHT AND RECONVENED AT 12:23 A.M. Mayor Pro Tern McKnight announced there would be no action taken from the Executive Session at this time. ADJOURNMENT : 27 . ADJOURNMENT There being no further business before the City Council, Councilman McKain moved to adjourn. Councilperson Feigel seconded the motion. Ayes: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Nays: None Mayor Pro Tern McKnight declared the meeting adjourned at 12:25 p.m. -10- CITY COUNCIL MINUTES FEBRUARY 4, 1992 APPROVED THIS ~ DAY OF .If...6rlULry , 1992, BY A VOTE OF ~ AYES, .l2...- NAYS, AND .....cL- ABSTENTIONS. Minutes taken and prepared by: ~.~. city Secretary NOTE: As a matter of public record, an audio recording of the above Council Meeting is available upon request. \Minutes\cc0204 -11-