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HomeMy WebLinkAboutCity Council-Minutes-9/15/1992 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING r- SEPTEMBER 15, 1992 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Richard Newton on September 15, 1992, at 6:45 p.m. ROLL CALL: Councilpersons Linda Ahlers, Claudia McKenney, steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Richard Newton, 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. City Manager Bob Stripling was out of town on City business. Mayor Richard Newton gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of September 1, 1992 Mayor Newton requested a change in the wording of Item #1 to read" .. Page 4 to include statements for the record made by Ms. Wineberg. . ." He also asked that a paragraph be added on Page 4, Item #10, between the 5th and 6th paragraphs, to read "Mayor Newton described the concerns he had with the rezoning request and stated an intention to veto this Ordinance if approved at this meet ing" . Councilperson McKain moved to approve the Minutes of the Regular Meeting of September 1, 1992, as amended. Councilperson McKenney seconded the motion. ,- Ayes: Councilpersons Ahlers, McKenney, McKain, and McKnight Nays: None Abstain: 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 - Resolution Trust Corporation Law Suit paragraph g - Personnel - Appointments to Economic Development Task Force paragraph g - Personnel - Appointments to Planning and Zoning Commission paragraph g - Personnel - Appointments to zoning Board of Adjustment paragraph g - Personnel - Appointment to Environmental Board paragraph g - Personnel - Appointment to GCISD Advisory Committee 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 councilperson McKain announced that long-time resident and Author, Dulce Moore would be attending a Book Signing Party at Sanders Book Store on Harwood Road on Saturday, September 19, 1992, between 1:00 and 5:00 p.m. r--\ -1- CITY COUNCIL MINUTES SEPTEMBER 15, 1992 /- CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-92-822 - Consent Items: \ a. Approval of Contract with Loomis for Armored Transport b. Approval of Broker/Dealer Firms for Investment Purchases c. Approval to Award Contract to Douglas Concrete for the Construction of Drainage Improvements at 5513 and 5517 Oak Top Drive d. Approval of Partial Abandonment of a Drainage and Utility Easement on Lot 2R, Block 3 of Ashmore Mayor Newton opened the Public Hearing and read Resolution R-92-822 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKnight moved to approve Resolution R-92-822. Councilperson Feigel 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 0-92-874 - 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, Block 6R Woodbriar Estates West, by Classic concepts Custom Homes, Inc., Robert F. Kohsmann, President Councilperson McKnight moved to remove Ordinance 0-92-874 from the "table". Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Councilperson McKain moved to approve Ordinance 0-92-874 with the addition of the corner lot in the open space, park improvements, and sidewalks and deferring the approval of the wall between the proposed project and payless Cashways. The motion died for lack of a second. Councilperson McKenney moved to disapprove Ordinance 0-92-874. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons McKenney and Feigel councilpersons Ahlers, McKain, and McKnight Mayor Newton declared the motion failed. ~- McKnight moved to approve Ordinance 0-92-874 with the addition of the corner lot in the open space, $5,000 donated for park improvements, sidewalks, and the design and building of a retaining wall with fencing and 100 Bradford Pears to be planted as a buffer between the proposed Addition and Payless Cashways to be approved by City staff. -2- CITY COUNCIL MINUTES SEPTEMBER 15, 1992 Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, and McKnight Councilpersons McKenney and Feigel Mayor Newton declared the motion carried and advised that he still has concerns regarding this rezoning and that consideration would be given to the vetoing of this Ordinance. PUBLIC BEARINGS: 6. THIRD READING AND PUBLIC BEARING - Ordinance 0-92-875 - Amending the Zoning Ordinance regarding fences on corner lots Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 875. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKnight moved to approve Ordinance 0-92-875. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 7. THIRD 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 I, 1992, through September 30, 1993 Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 878. Mr. Russ Kendzior, 3404 Huntington Drive, Ms. Gail Manion, 3003 Meadowview Court, spoke concerning the tax rate, a five year financial plan, infrastructure needs, and sidewalks. Both Mr. Kendzior and Ms. Manion asked that the Council vote against this Ordinance. Mayor Newton 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 0-92-878. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilperson Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 8. THIRD 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 Nine and One Hundredths Cent (S. 2901) 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 the caption of Ordinance 0-92- 879. Mr. Dean Davis, 6316 Pleasant Run Road and Mr. David A. Aanderud, 3301 Huntington Drive, spoke in opposition to the tax rate increase. -3- CITY COUNCIL MINUTES SEPTEMBER 15, 1992 /~ Mr. Denny Threlkeld, 5805 Hunter Trail, spoke in support of the tax increase, stating that the community is in need of a lot of services and that there are not enough commercial businesses to support the financial base. Mayor Newton 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 0-92-879. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 9. THIRD READING AND PUBLIC BEARING - Ordinance 0-92-880 - Setting fees and charges for City services Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 880. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKenney moved to approve Ordinance 0-92-880. councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 10. READING AND PUBLIC BEARING - Resolution R-92-825 - Approving policy position on vehicle inspection and maintenance program Mayor Newton opened the Public Hearing and read Resolution R-92-825 in its entirety. Ms. Sammie Bolling, 6712 curtis Road, spoke requesting an explanation of the Resolution. Mayor Newton explained the stand the Council of Governments is taking stating he felt it was more lenient than other regulations that have been proposed. Assistant City Manager Dave Draz explained that certain requirements will be enforced by the year 1995 or 1996. He further explained that a more complex system is being proposed in order to receive a State Inspection on vehicles and that the Council of Governments is taking a position to keep this more complex system from being approved. Mr. Rick Staples, 5706 ponderosa, spoke concerning the restrictions regarding this system and who would make the final determination. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. ~ Councilperson Feigel moved to approve Resolution R-92-825. Councilperson McKnight seconded the motion. -4- CITY COUNCIL MINUTES SEPTEMBER 15, 1992 Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ACTION ITEMS: 11. DISCUSSION AND CONSIDERATION OF A REQUEST FOR VARIANCE FROM THE SUBDIVISION CONTROL ORDINANCE TO ALLOW ISSUANCE OF A BUILDING PERMIT FOR A LOT WHICH DOES NOT ABUT AN APPROVED STREET Assistant City Manager Dave Draz explained that this is a request for a variance from the subdivision requirements that every lot abut an approved public street, i.e., paved, with adequate drainage. He explained that the applicant should be aware of the requirements regarding public safety relating to water and hydrants. Discussion ensued among the Council regarding platting, access, setting precedents, street width, easements, utilities, public safety, and right-of-way. Councilperson McKain moved to approve Alternate #4, abandoning Caldwell Hughes right-of-way and allow a private street serving adjoining properties, directing the City Staff and Planning and Zoning commission to accumulate information regarding rural subdivision road standard and that the City require an approved roadway cross-section and that fire safety requirements in the current subdivision Ordinance be put in place prior to the issuance of a building permit. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 12. DISCUSSION AND CONSIDERATION OF REQUEST BY C. L. HAGGARD FOR DRAINAGE SYSTEM WORK Assistant City Manager Dave Draz advised the Council that Mr. Haggard's property is located next to the Mill Creek Subdivision with a channel between his property and the subdivision. He stated that Mr. Haggard does not feel adequate progress has been made in solving the drainage problem in regard to the channel. Mr. C. L. Haggard, 301 Glade Road, was present expressing his concern for the drainage problems. He stated the approximate cost would be $4-5,000 to resolve the problem. He further stated he would be willing to allow a flume across the back portion of his property to eliminate the problem. It was the consensus of the council to approve the City staff's recommendation to continue working with the developer and adjacent property owners toward a resolution and to report back to the Council on October 15, 1992, and to present this to the Developer Relations Committee if necessary to resolve the problem. 13. DISCUSSION AND CONSIDERATION OF SETTLEMENT OF LAWSUIT WITH THE RESOLUTION TRUST CORPORATION Mr. Glen Lavender, 4219 Green Meadow E., representing Saddlebrook Homeowners Association, and Ms. Susan Barslay, 4508 Alexandra, spoke in favor of the development that is proposed to settle this issue with the Resolution Trust Corporation (RTC), being a single family development and in opposition to multi- family development. Mr. Lavender stated that the Association is in support of something other than giving the property back to RTC with no strings. At this time the City Council went into Executive Session to discuss the Resolution Trust Corporation Law Suit. -5- CITY COUNCIL MINUTES SEPTEMBER 15, 1992 /- Upon return of the Council, Mayor Newton explained that the Council would continue negotiations with the Resolution Trust Corporation in the Law Suit. Councilperson Ahlers moved to rescind Resolution R-92-824. Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 14. DISCUSSION AND CONSIDERATION OF APPOINTMENT TO THE GCISD CITIZENS ADVISORY COMMITTEE Councilperson McKain moved to appoint Councilperson McKnight to the Citizens Advisory Committee for the Grapevine/Colleyville Independent School District. Councilperson McKenney seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, and Feigel Nays: None Abstain: Councilperson McKnight Mayor Newton declared the motion carried. REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES There was no action taken on this item. STAFF REPORTS: 16. CITY MANAGER' S REPORT There was no action taken on this item. 17. MONTHLY FINANCIAL 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 SEPTEMBER 15, 1992 - Reading and Public Hearing - Resolution R-92-823 Mayor Newton opened the Public Hearing and read Resolution R-92-823 in its entirety. r There was no one present wishing to speak and Mayor Newton closed the Public Hearing. -6- ( \ (- r CITY COUNCIL MINUTES SEPTEMBER 15, 1992 Councilperson McKenney moved to approve Resolution R-92-823, approving the requested variance of Mr. Kris Eggspuehler, to the following extent: a) that a private street be allowed to serve this property; b) that no building permit be issued for the property until the private street and fire protection for the property has been approved by the staff and fully constructed. Further, that the staff is directed to begin work on a Rural Subdivision Road standard; that Resolution R-92-824 concerning settlement of the Resolution Trust Corporation Law Suit be rescinded; and that Councilperson Ed McKnight be appointed to the GrapevinejColleyville Independent School District Citizens Advisory Committee. Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. ADJOURNMENT : 20. ADJOURNMENT There being no further business before the Council, Councilperson McKenney moved to adjourn. Councilperson McKain seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the meeting adjourned at 11:05 p.m. APPROVED THIS I, +f.. DAY OF fkl-nb i r AYES, ~ NAYS, AND ~ ABS~NTIONS. Minutes taken and prepared by: ~is1:~ City Secretary , 1992, BY A VOTE OF ~ -7-