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HomeMy WebLinkAboutCity Council-Minutes-8/18/1992 - MINUTES OF COLLEYVILLE CITY COUNCIL MEETING AUGUST 18, 1992 The regular meeting of the City Council of the City of colleyville was called to order by Mayor Richard Newton on August 18, 1992, at 6:48 p.m. ROLL CALL: Councilpersons Linda Ahlers, Claudia McKenney, steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, City Manager Bob Stripling, Assistant City Manager David I. Draz, Jr., 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 gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of August 4, 1992 councilperson McKain moved to approve the minutes of the Regular City Council Meeting of August 4, 1992, as written. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None 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 6:50 p.m. and was reconvened at 7:40 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS 9-1-1 Proclamation Mayor read the proclamation and presented it to Ann Beisel and Cory Tinsman who were present representing the Colleyville Police Department dispatching staff. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-92-813 - Consent Items: /~ a. Approval of Water Well Drilling Permit, 400 Elm Street b. Approval of Interlocal Agreement with City of Grapevine - Sewer Service to Heritage Middle School -1- CITY COUNCIL MINUTES AUGUST 18, 1992 c. Approval of Interlocal Agreement with City of Grapevine - Sewer Service to Lot 3, JEMtex Addition (south of Food Lion Store on Pool Road) d. Approval of Appointment of Councilperson Ed McKnight as the City's representative to the Tarrant County Gang Task Force e. Approval of Funding for Additional Improvements to the 22-Acre Pleasant Run Park in the amount of $22,500 for Utility Work f. Approval of Appointment of Curtis Hamilton to the Unexpired Term of Place 3 on the Parks and Recreation Advisory Board g. Approval of Authorization to the City Manager to Proceed with the Implementation of a Drainage Utility District Mayor Newton opened the Public Hearing and read Resolution R-92-813 in its entirety. There was no one present wishing to speak concerning these items and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Resolution R-92-813. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. TABLED ITEMS: 5. CONSIDERATION OF ORDINANCE 0-92-870 - Special Use Permit for a Go Cart Track, Lot 6-R-1, Block 1, Andy Felps Addition by SDE, Inc., 4007 Colleyville Boulevard Councilperson McKenney moved to approve Ordinance 0-92-870, including the ten conditions as recommended by the Planning and zoning Commission as outlined in Exhibit C on page 4 and subject to the approval from the Texas Department of Highways and Public Transportation allowing the alignment of the entrance to the entertainment center with the Colleyville Boulevard and Antwerp Drive intersection. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons McKenney, McKain, and Feigel Councilpersons Ahlers and McKnight Mayor Newton declared the motion failed. Mayor Newton explained the 3/4 majority vote needed by the Council for this item to pass. 6. READING AND PUBLIC BEARING - Resolution R-92-808 - Ratifying a 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 (' councilperson Ahlers moved to remove Resolution R-92-808 and R-92-809 from the "table" . Councilperson McKnight seconded the motion. -2- CITY COUNCIL MINUTES AUGUST 18, 1992 r- Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Mayor Newton explained that Public Hearings on these Resolutions had been held at the Regular Council Meeting of August 4, 1992. Discussion ensued among the Council regarding requirements to make application, height exceptions, elevation, area, setback, structure, and hardships. Ms. Judy Atwood, 105 Timberline North, representing the Sign Board of Appeals, was present and explained the Board's interpretation of the City I s Sign Ordinance and asked the Council to reconsider these variances based on the Board I s interpretation. It was the consensus of the Council to refer these items back to the Sign Board of Appeals for further review and to place the Resolutions on the Agenda of the Council's Special Called meeting of August 25, 1992. 7. READING AND PUBLIC HEARING - Resolution R-92-809 - Ratifying a 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 This item was handled in conjunction with Item #6, Resolution R-92-808. 8. 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 made to remove this item from the "table". PUBLIC HEARINGS: 9. THIRD READING AND PUBLIC HEARING - 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 IN 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 concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKnight moved to approve Ordinance 0-92-873. Councilperson Feigel seconded the motion. Ayes: councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-92-815 - Montclair Pare, Preliminary Plan, 62.296 acre tract out of the Simon Cotrail Survey, Abstract 328, Tracts 5A, 5B, 5B4, 5B2, 5C, 5C2, 5Cl, 50, 501, and 5E; S. C. H. Witten Survey, Abstract 1619, Tracts lA, lA3, 1A4, 1A5, 1M, ILl, 1Q, 1Q1, 1C, 1K, IF, IE, 10; and Lot I, Block I, Griffin Addition by Montclair Parc, Inc., east side of Montclair Drive .-- Mayor Newton opened the Public Hearing and read Resolution R-92-815 in its entirety. -3- CITY COUNCIL MINUTES AUGUST 18, 1992 ~ Mr. Rich Munson, 1905 Hall Road, spoke in support of a single entrance to the subdivision. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Ms. Vickie Wineberg, co-applicant, spoke concerning the single entrance, emergency access, the proposed "push" gate, the illusion of a privacy gate, non- wood shingles, and a four-lane entrance. She stated that their intention was not to put a closed gate at the entrance of the private streets or a secured gate at the emergency access. councilperson McKain moved to approve Resolution R-92-8ls, contingent on addition to the plans showing acceleration/deceleration lanes and subject to the approval by staff of the construction schedule and soil erosion plans. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 11. SECORD 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 sR, 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 the caption of Ordinance 0-92- 874. Mr. Greg Foreman, 3800 Colleyville Boulevard, spoke concerning the drainage problems in this area. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Mr. Bob Kohsmann, applicant, was present to answer questions regarding this proposed zoning change. Discussion ensued among the Council regarding the open space, drainage, staff recommendations, availability of commercial property in the city, park area topography, and a drainage study. 12. READING AND PUBLIC BEARING - Resolution R-92-8l2 - Preliminary Plan, Caldwell Creek, 58.369 acre tract out of the Harrell Hughes Survey, Abstract 656, Tracts 3A, 3 and 4, and H. F. Wall Survey, Abstract 1973, Tract lA, by Chandler Cantrell Properties, Inc. Mayor Newton opened the Public Hearing and read Resolution R-92-812 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. Gary Cantrell, Raymond Chandler, and David Washington, applicants, were present to answer questions of the Council. -~ \, Discussion ensued among the Council regarding the drainage plan, hardships, open space, detention areas, DART requirements and approval, access on John McCain, traffic on John McCain, placement of the curb cuts on the private drive, and Note No. 3 on the proposed plan being incomplete. -4- CITY COUNCIL MINUTES AUGUST 18, 1992 ~- Councilperson McKnight moved to approve Resolution R-92-8l2, subject to submittal of an acceptable drainage plan prior to recording the final plat at the County, three curb cuts allowing access to John McCain, and the completion of Note #3 on the proposed plan. This motion died for lack of a second. Further discussion was held concerning the DART requirements in regard to the drainage. Councilperson MCKnight moved to approve Resolution R-92-8l2, subject to submittal of an acceptable drainage plan prior to submission of the final plat, three curb cuts allowing access to John McCain Road, and the completion of Note #3 on the proposed plan. Councilperson McKenney seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 13. SECOND READING AND PUBLIC HEARING - 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 the caption of Ordinance 0-92- 876. John Christensen, 6100 Highland Hills Lane, Judy Newgren, 6009 Highland Hills Lane, Donna Gunn, 6105 Highland Hills Lane, Powell Banning, 5801 Highland Hills Lane, Julienna Garrison, 6004 Highland Hills Lane, Lee Banks, 6107 Highland Hills Lane, spoke in favor of the proposed zoning change, expressing their concerns for pedestrian safety. Ms. Gunn presented a petition with seventeen addresses on Highland Hills Lane represented, stating their support of this alternate plat for Ross Downs V, and requesting the development thereof to avoid the replat of Highland Meadows III. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Mark Howe, applicant was present to answer questions of the Council. Discussion ensued among the council concerning total acres in the section from east of the proposed park area, acreage east of the road, and open space calculation. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-875 - Amending the Zoning Ordinance regarding fences on corner lots Mayor Newton opened the Public Hearing and read Ordinance 0-92-875 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 decorative fencing. /~ 15. SECOND READING AND PUBLIC HEARING - Ordinance 0-92-877 Ordinance 0-88-686 and establishing a Telephone Company Agreement Repealing Franchise Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 877. -5- CITY COUNCIL MINUTES AUGUST 18, 1992 / I " There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 16. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-878 - Approving and Adopting the Annual Budget for the City of Colleyville, Texas, for the Fiscal year Beginning October 1, 1992, through September 30, 1993 Mayor Newton opened the Public Hearing and read Ordinance 0-92-878 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 17. FIRST READING AND PUBLIC BEARING - Ordinance 0-92-879 - Levying Taxes for the operation of the Municipal Government of the City of Colleyville, Texas for the 1992-93 Fiscal Year; Establishing the Ad Valorem Tax Rate of Twenty Eight and Eighty-Seven Hundreds Cents ($.2887) per one hundred dollars property assessment; Providing for Apportionment of Taxes for Interest and Sinking Fund for certain bond indebtedness and for general operating needs Mayor Newton opened the Public Hearing and read Ordinance 0-92-879 in its entirety. Mr. David Aanderud, 3301 Huntington Drive, spoke in opposition to the tax rate increase. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. City Manager, Bob Stripling, recommended amending the Ordinance to a tax rate of $.2901 per one hundred dollars property assessment. Councilperson McKain moved to amend Ordinance 0-92-879 to increase the proposed tax rate to $.2901 per one hundred dollars property assessment. councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 18. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-880 - setting fees and charges for City services Mayor Newton opened the Public Hearing and read Ordinance 0-92-880 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 the cost of ambulance fees in regard to other cities. "~ I .-/ ACTION ITEMS: 19. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO FINANCIAL REVIEW TASK FORCE Mayor Newton recommended the following appointments to the Financial Review Task Force: -6- CITY COUNCIL MINUTES AUGUST 18, 1992 Mr. Gerald Brown, Chair Mr. curtis Hamilton Mr. Tom Corcoran Mr. Danny Walker Mayor Newton explained that there would be other appointments made within the next week when confirmations are received. Councilperson Ahlers moved to approve the Mayor's recommended appointments to the Financial Review Task Force. councilperson McKenney seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 20. DISCUSSION AND CONSIDERATION OF EXTENSION OF SANITARY SEWER SERVICE TO 2319 BALL JOHNSON ROAD City Manager, Bob Stripling, recommended approval of the agreement as proposed. Mr. Gary Cantrell, applicant, was present and advised he would like to discuss this further with staff prior to the Council taking action. 21. DISCUSSION AND CONSIDERATION OF TAX RATE INCREASE FOR FISCAL YEAR 1992-93 Councilperson McKenney moved to approve the tax rate increase for Fiscal Year 1992-93. Councilperson Ahlers seconded the motion . Ayes: Councilperson Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 22. DISCUSSION AND CONSIDERATION OF DONATIONS TO CREATIVE PLAYGROUND COMMITTEE Mr. Lynn Ledet, Chairman of Creative Playground Committee, was present requesting funds in the amount of $1,000 plus 40-45,000 matching funds. Discussion ensued among the Council regarding the project schedule, how these monies will be spent, the budget process, road access, restroom facilities, fund raising, and locations. Councilperson McKenney moved to approve the expenditure of $1,000.00 from the Park Land Dedication Fund to the Creative Playground Committee with the condition that the City Finance Director co-sign all checks issued by the Creative Playground Committee. councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. (' -7- CITY COUNCIL MINUTES AUGUST 18, 1992 REPORTS: 23. PLANNING AND ZONING COMMISSION MINUTES PARKS AND RECREATION ADVISORY BOARD MINUTES ZONING BOARD OF ADJUSTMENTS MINUTES There was no action taken on this item. STAFF REPORTS: 24. CITY MANAGER' S REPORT There was no action taken on this item. 25. MONTHLY FINANCIAL REPORT There was no action taken on this item. CITIZEN COMMENTS: 26. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 27. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 18, 1992 - Reading and Public Hearing - Resolution R-92-814 Mayor Newton opened the Public Hearing and read Resolution R-92-814 in its entirety. There was no one present wishing to speak, and Mayor Newton closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-92-814, approving the $1,000.00 expenditure to the Creative Playground Committee from the park land dedication fund; that any expenditure of the funds by the Creative Playground Committee be approved by the City Finance Director; the appointments of Gerald Brown, Tom Corcoran, Danny Walker, and Curtis Hamilton to the Financial Review Task Force; and increasing the tax rate for Fiscal Year 1992-93 to $29.01; setting the public hearing required by the Truth-in-Taxation Laws for September 1, 1992. councilperson McKenney seconded the motion. Ayes: Nays: Councilperson Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ADJOURNMENT : 28. ADJOURNMENT There being no further business before the Council, Councilperson Ahlers moved to adjourn. Councilperson McKain seconded the motion. (' Ayes: Nays: Councilperson Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 11:43 p.m. -8- CITY COUNCIL MINUTES AUGUST 18, 1992 ,~ APPROVED THIS 1~ DAY OF ~<)e..,Qh.n1..btr AYES, -'2- NA~ ABSTENTrONS. Minutes taken and prepared by: ~s~ City Secretary , 1992, BY A VOTE OF ~ NOTE: As a matter of public record, an audio recording of the above Council meeting is available upon request. ~ -9-