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Home My WebLink AboutCity Council-Minutes-8/4/1992 J MINUTES OF COLLEYVILLE CITY COUNCIL AUGUST 4, 1992 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Richard Newton on August 4, 1992, at 6:55 p.m. ROLL CALL: Councilpersons Linda Ahlers, Steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob Stripling, City Engineer Mike Jones, Director of Community Development John Warden, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilperson Claudia McKenney and Assistant City Manager David I. Draz, Jr., were on vacation. Councilperson Linda Ahlers gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of July 21, 1992 councilperson Ahlers moved to approve the Minutes of the regular Meeting of July 21, 1992, as written. Councilperson McKain seconded the motion. ,- Ayes: Councilpersons Ahlers, McKain, and McKnight Nays: None Abstentions: Councilperson Feigel Mayor Newton 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 - Resolution Trust Corporation Law Suit paragraph g - Personnel - Appointments to Economic Development Task Force paragraph g - Personnel - Appointments to Financial Plan Task Force Mayor Newton 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 6:58 p.m., and was reconvened at 7:44 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND AHHOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Father Sarabamone, St. Mary' s Coptic Orthodox Church, was present and invited the Mayor and Council to Egyptfest '92, to be held August 29, 1992. ~ Councilperson McKnight announced that he and Mayor Newton had attended a Mayor and Councilmembers meeting in El Paso. He stated it was a very informative and educational meeting. He also advised he had attended the Tarrant County Mayor' s Council meeting and had information on that meeting if the Council was interested. -1- CITY COUNCIL MINUTES AUGUST 4, 1992 /~ Councilperson Feigel announced that she and Mayor Newton had met with representatives of the School Board to discuss the Interlocal Agreement. She advised that the meeting was productive and that the working relationship between the City and the School District was improving. Mayor Newton read a Proclamation declaring August 11, 1992, as Regal Readers Day, in honor of the Kindergarten students at Heritage Elementary School. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-92-807 - Consent Items: a. Approval and acceptance of the 1992 Certified Tax Roll b. Approval of Combination Preliminary Plan & Final Plat, Heartley Addition (formerly named the Gibson Addition), 1.789 acre tract out of the G. W. Minter Survey, Abstract 1034, Tracts 10A3 and 10A1, by Les Gibson, 5303 Roberts Road c. Approval of Change Order No.2 for Pool Road Improvement Project d. Ratification of Sign Variance to provide for the change out of existing name panels and for continued use of a non-conforming pole sign located at 5200 Colleyville Boulevard, Lot 1, Mamie E. Foster Subdivision, by Melissa New for Interior Reflections e. Ratification of Sign Variance to provide for the change out of existing name panels and for continued use of a non-conforming pole sign located at 5200 Colleyville Boulevard, Lot 1, Mamie E. Foster Subdivision, by Forrest and Troy Askew for Askew Chiropractic -- ! f. Ratification of Sign Variance to provide for two freestanding monument signs at 4914 Colleyville Boulevard, Lot 1, Kroger Addition, and to allow for alternative calculation method of sign area, by Chris Anderson for The Kroger Company Mayor Newton opened the Public Hearing and read Resolution R-92-807 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Discussion ensued among the Council concerning Items d and e regarding non- compliance with the sign ordinance. Councilperson McKain moved to remove Items d, e, and f from the Consent portion of the agenda. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Councilperson McKain moved to approve Resolution R-92-807, Items A, B, and C. Councilperson Ahlers seconded the motion. (" Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. -2- CITY COUNCIL MINUTES AUGUST 4, 1992 /~ ( Item F - Discussion ensued among the Council concerning non-conformance with the sign ordinance, the inconsistency of signs throughout the city, Master Signage Plan, and wording of the variance. Councilperson Feigel moved to table items d and e for further clarification. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons McKain and Feigel Councilpersons Ahlers and McKnight Mayor Newton voted aye to break the tie vote and declared the motion carried. Councilperson Ahlers moved to approve Item F of the Consent portion of the agenda. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. PUBLIC BEARINGS: 5. THIRD READING AND PUBLIC HEARING - Ordinance 0-92-869 - Amending Section 22, Schedule of Permitted Uses, of the Zoning Ordinance to allow Pawn Shops in ML (Light Manufacturing and Industrial) District Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 869. Allan 8radley, 6601 Atlanta Drive, spoke concerning the allowance of Pawn Shops in ML (Light Manufacturing and Industrial) District only. Mayor asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Ordinance 0-92-869. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 6. THIRD READING AND PUBLIC HEARING - Ordinance 0-92-872 - Zoning Change Request, From AG & ML to PUD-R, 182.012 acre tract out of the H. Medlin Survey, Abstract 1037, Tracts 3A1A2, 3A1 and 3; M. W. Davenport Survey, Abstract 432, Tracts 1A2, lA2A, 18, 2, 28, 2C, and 2D; J. Gibson Survey, Abstract 591, Tract 3 and 4 by Timarron Land Corporation, north side of John McCain, near Highway 26 Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 872. Alan Linford, 3202 Wiltonwood Court, spoke concerning the impact this project will have on the Colleyville Park Master Plan. ~ I Mayor asked if there were others wishing to speak, there being none, Mayor Newton closed the Public Hearing. Mayor Newton reviewed the previous discussions of the Council concerning this item. -3- CITY COUNCIL MINUTES AUGUST 4, 1992 ( Ms. Susan Evans, Timarron Land Corporation, applicant, was present to answer questions of the Council. Mr. Dennis Jerky, Carter and Burgess, was also present to answer questions of the Council regarding the construction of the proposed pedestrian path(s). Discussion ensued among the Council concerning access under Highway 26, liability, open space, fencing, placement of trees, location of the pedestrian path(s), the width of the proposed pedestrian path(s), and improvements. Councilperson Feigel moved to approve Ordinance 0-92-872, recommendations of August 4, 1992. with staff Councilperson McKnight seconded the motion. Ayes: Councilperson Feigel Nays: Councilpersons Ahlers, McKain, and McKnight (Councilperson McKnight explained he seconded the motion for discussion sake only) Mayor Newton declared the motion denied. Councilperson Ahlers moved to approve Ordinance 0-92-872, accepting Exhibit "B" as proposed by applicant with 20' pedestrian trail easement and omitting the paragraph concerning indemnification. The motion died for lack of a second. Councilperson Ahlers moved to approve Ordinance 0-92-872, accepting Exhibit "B" as proposed by applicant with 20' pedestrian trail easement and omitting the paragraph concerning indemnification. Councilperson McKain seconded the motion. councilperson Feigel raised questions concerning the improvements regarding the pedestrian paths. Councilperson McKain withdrew his second to the motion. Councilperson Ahlers withdrew her motion to approve Ordinance 0-92-872. Discussion ensued among the Council regarding the improvements to the path and at what time the improvements would take place. Councilperson Ahlers moved to approve Ordinance 0-92-872, accepting Exhibit "B" as proposed by applicant with 20' pedestrian trail easement, that the pedestrian trail be constructed 8' wide at the time the residential portion of this project is in progress, and omitting the paragraph concerning indemnification. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Questions were raised by the Council regarding the 50' emergency access easement. Councilperson McKain moved to reconsider the previous motion. Councilperson Ahlers seconded the motion. ,~ Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and MCKnight None Mayor Newton declared the motion carried. -4- CITY COUNCIL MINUTES AUGUST 4, 1992 ~ Councilperson McKain moved to approve Ordinance 0-92-872, accepting Exhibit "B" as proposed by applicant with 20' pedestrian trail easement, that the pedestrian trail be constructed 8' wide at the time the residential portion of this project is in progress, adding the 50' temporary access easement as shown on the proposed Timarron Plat, adding a 14' all-weather surface for emergency access within the temporary access easement from John McCain Road to the north boundary of Tract 3, and omitting the paragraph concerning indemnification. Councilperson Ahlers seconded the motion. Ayes: Nays: councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 7. SECOND READING AND PUBLIC BEARING - Ordinance 0-92-873 - Zoning change request, Montclair Parc, AG to R20, 1.999 acre tract out of the Simon Cotrail Survey, Abstract 328, Tracts 1N and 1N1, by Montclair parc, Inc. Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 873. There was no one present wishing to speak and Mayor Newton closed the Public Hearing. 8. FIRST READING AND Ordinance 0-88-686 Agreement PUBLIC BEARING and establishing Ordinance 0-92-877 a Telephone Company Repealing Franchise Mayor Newton opened the Public Hearing and read Ordinance 0-92-877 in its entirety. There was no one present wishing to speak concerning this item. 9. FIRST READING AND PUBLIC BEARING - Ordinance 0-92-874 - Zoning Change request, CN to PUD-R, Woodbriar Estates West, 9.130 acre tract being Tract A, Block 3, Tract 3, Block 5R, and Tracts 4 and 5, Bock 6R Woodbriar Estates West, by Classic Concepts Custom Homes, Inc., Robert F. Kohsmann, President Mayor Newton opened the Public Hearing and read Ordinance 0-92-874 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. Owen B. Long, 401 Woodbriar Court, and Mr. Don Dodson, were present representing the applicant. Mr. Long stated the desire was to have the Zoning Change be approved as presented. Discussion ensued among the Council concerning the drainage, zoning, and possible future uses of the property. 10. FIRST READING AND PUBLIC BEARING - Ordinance 0-92-876 - Zoning Change request, PUD-R to a revised PUD-R, Ross Downs Estates V, 25.45 acre tract out of the A. J. Lott Survey, Abstract 963, Tract 6, by Mark Howe ,~ Mayor Newton opened the Public Hearing and read Ordinance 0-92-874 in its entirety. -5- CITY COUNCIL MINUTES AUGUST 4, 1992 (~ Cathy Toby, 5909 Highland Hills Lane, Don Hawkins, 5903 Highland Hills Lane, Donna Gunn, 6105 Highland Hills Lane, Daniel Garrison, 6004 Highland Hills Lane, Julianna Garrison, 6004 Highland Hills Lane, Lee Banks, 6107 Highland Hills Lane, and John Christensen, 6100 Highland Hills Lane, spoke in support of this zoning change and expressed their concerns about pedestrian safety. Mayor asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Mr. Mark Howe, 3100 Carisbrook Court, applicant, was present to answer questions of the Council. Discussion ensued among the Council regarding the wording on the plat concerning the park land, the open space acreage, distance from open space to Ross Downs V by closest through street, parking, improvements to open space, response time for emergency vehicles, and increased traffic. Councilperson MCKnight thanked the Wyatt's for their patience, the citizens for expressing their opinions, and the Planning and Zoning Commission for working with the applicant concerning this development. 11. READING AND PUBLIC BEARING - Resolution R-92-806 - Combination Preliminary Plan and Final Plat, Timarron, 181.87 acre tract out of the Hall Medlin Survey, Abstract 1037, J. N. Gibson Survey, Abstract 591, and M. Davenport Survey, Abstract 432 by Timarron Land Corporation Mayor Newton opened the Public Hearing and read Resolution R-92-806 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-92-806, with revisions to the plat exhibit to comply with conditions of Planning and Zoning Commission approval; addition of a plat note to read "construction plans for the initial public improvements within Lot 3 or any replat of Lot 3 shall include plans and specifications for a PEDESTRIAN TRAIL surface a minimum of eight feet wide within the 20-foot pedestrian trail easement, and construction and completion of such pedestrian trail in its entirety within Timarron shall be required prior to acceptance of any public improvements and issuance of any building permit within Lot 3 or any replat of Lot 3"; a City/Developer agreement to provide for owner maintenance of the natural creek, such agreement to be executed prior to recording plat; and subject to the addition of a 20-foot pedestrian easement adjacent to Saint Louis Railroad through Lots 1 and 3; adjacent to John McCain through Lot 3; adjacent to north boundary of Pebble Hill Plantation Estates through Lot 1. Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-92-803 - Final Plat, Longwood Estates at Ross Downs, Phase I, II, and III; Ross Downs Estates VI, and a replat of Lots 15, 16, and 17, Block 6, and Lot 1, Block 7, Ross Downs Estates III, 49.88 acre tract out of the Robert Chowning Survey, Abstract 294, by David Bagwell Company ( Mayor Newton opened the Public Hearing and read Resolution R-92-803 in its entirety. -6- CITY COUNCIL MINUTES AUGUST 4, 1992 ~ Mr.David Bagwell, applicant, spoke concerning Item #2 recommendationregarding the removal of all rubbish, trash, offensive materials. of the staff's junk, and other Mayor asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Discussion ensued among the Council concerning the staff's recommendation. Councilperson McKnight moved to approve Resolution R-92-803, with the deletion of staff recommendation #2. councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. TABLED ITEMS: 13. READING AND PUBLIC HEARING - Resolution R-92-804 - Final Plat, Ross Downs Estates V, 25.45 acre tract out of the A. J. Lott Survey, Abstract 963, Tract 6, by Mike Sandlin There was no motion to remove this item from the "table". ACTION ITEMS: 14. DISCUSSION AND CONSIDERATION OF EXTENSION OF SANITARY SEWER SERVICE TO 2319 HALL JOHNSON ROAD City Manager explained that the request by Mr. Gary Cantrell is to extend the sanitary sewer beyond the limits allowed by the City's Code. He also explained that an agreement had been prepared by the City Attorney that states when and how the extension could take place. Raymond Chandler, 1704 Glade Road, stated he could not accept the agreement as prepared. It was the consensus of the Council to refer this to staff for further review. 15. DISCUSSION AND CONSIDERATION OF RECOMMENDATION FROM THE SIDEWALK PRIORITIES TASK PORCE FOR EXPENDITURE OF FY 92 FUNDS Mr. Chuck Remke, 5809 Highland Hills Lane, spoke concerning the lack of sidewalks within the City of Colleyville. Discussion ensued among the Council regarding the cost per linear foot for a 5' wide sidewalk, a wider, multi-purpose sidewalk, acquiring right-of-way, criteria used by the Sidewalk Priorities Task Force to establish the proposed list. Councilperson Ahlers moved to approve the recommendations of the Sidewalk Priorities Task Force for expenditure of FY '92 funds. Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. -7- CITY COUNCIL MINUTES AUGUST 4, 1992 ,-- REPORTS: 16. PLAHHING AND ZONING COMMISSION MINUTES SIGN BOARD OF APPEALS MINUTES PARKS AND RECREATION ADVISORY BOARD CREATIVE PLAYGROUND COMMITTEE There was no action taken on this item. STAFF REPORTS: 17. CITY MANAGER'S REPORT There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 4, 1992 - Reading and Public Hearing - Resolution R-92-80S Mayor Newton opened the Public Hearing and read Resolution R-92-80S in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-92-80S, approving the recommendations of the Sidewalk Priorities Task Force for expenditures of FY 92 funds. councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ADJOURNMENT : 20. ADJOURNMENT There being no further business before the City Council, councilperson Ahlers moved to adjourn. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 12:43 a.m. ( -8- CITY COUNCIL MINUTES AUGUST 4, 1992 APPROVED THIS / it/. DAY OF [d'!JU.r, I ~ NAYS, AND ~ ABSTENTI NS. , 1992, BY A VOTE OF ,-S- AYES, Minutes taken and prepared by: CJ::::i.~' City Secretary NOTE: As a matter of public record, an audio recording of the above Council meeting is available upon request. ~ I -9-