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HomeMy WebLinkAboutCity Council-Minutes-10/6/1992 MINUTES OF COLLEYVILLE CITY COUNCIL MEETING OCTOBER 6, 1992 The regular meeting of the city Council of the city of Colleyville was called to order by Mayor Richard Newton on October 6, 1992, at 6:50 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 Cheryl Feigel gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of September 15, 1992, and Special Meeting of September 9, 1992 Councilperson McKenney moved to approve the Minutes of the Special Meeting of September 9, 1992, as written. Councilperson McKain seconded the motion. Ayes: Councilpersons McKenney, McKain, Feigel, and McKnight Nays: None Abstain: Councilperson Ahlers Mayor Newton declared the motion carried. Councilperson McKenney moved to approve the Minutes of the Regular Meeting of september 15, 1992, as written. Councilperson McKnight 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 - Bransford Road paragraph e - Land Acquisition - Sale and/or Acquisition of Property - Bluebonnet Road paragraph f - Legal - Resolution Trust Corporation Law Suit paragraph f - Legal - Elder 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 (\ 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 6:55 p.m., and was reconvened at 7:40 p.m. -1- CITY COUNCIL MINUTES OCTOBER 6, 1992 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS A presentation was made by Lupita Ahangarzadeh, Secretary of Spiritual Assembly of the Baha'is of Colleyville on the Vision of Race Unity. Councilperson McKnight introduced Brad Thompson, Boy Scout from Troop 28, working toward his Merit Badge. Councilperson McKenney advised she had attended a seminar on Conducting Community Assessments on Economic Development and that the report from that meeting is available to the Mayor and Council. Councilperson McKain reported that he had attended a Metroport Meeting on storm Water Drainage and that information gathered from that meeting would be distributed to the Council. He also reported that he and Mayor Newton had attended a Developer Relations Committee Meeting. Mayor Newton advised he had attended the Mayor's Council Meeting on October 5, 1992, and that information concerning that meeting is available to the Council. Councilperson Feigel reported that she and Mayor Newton had attended a joint meeting of the City's representative's and the Grapevine Colleyville Independent School Board's representative's. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-92-826 - Consent Items: a. Approval of a contract with the Fort Worth-Tarrant County Public Health Department for food facility inspections for FY 92-93 (r b. Approval of Professional Services Contract with Schrickel Rollins and Associates for Mill Creek Park design and engineering services c. Approval of Abandonment of Ingress/Egress and Utility Easement in Braum's Addition and in Lot 1, Block 1, Inland Subdivision d. Approval of the Combination preliminary Plan/Final Plat of Braum's/Inland Addition, a replat of Braum's Addition, Inland Addition and 4.3686 acres out of the Thomas J. Polson survey, A- 1248, Tract 2T1 e. Ratification of Sign Variance at request of Quickshade, 4828 Colleyville Boulevard f. Ratification of Sign Variance at request of Tom Struhs Homebuilder, 2701 Red Oak Court West g. Ratification of Sign Variance at request of Albertsons, 4000 Glade Road h. Approval of $2,640 expenditure for the participation in sewer line extension at 1800 Renfro Mayor Newton opened the Public Hearing and read Resolution R-92-826 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. I~r Councilperson Feigel requested Items E, F, and G be removed from the Consent Agenda. councilperson Feigel moved to approve all Items under Consent except Items E, F, and G. -2- CITY COUNCIL MINUTES OCTOBER 6, 1992 Councilperson McKenney seconded the motion. \ Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Item E. Discussion ensued among the Council concerning this sign already being in place, inconsistency, and distance between signs on the highway frontage. councilperson Feigel pointed out that a similar request by Albertsons on Glade had been denied and that enforcement should be applied to each of these. Item F. Discussion ensued among the Council concerning the setback, height, location of sign inside/outside perimeter wall, limitations on length of time the sign would be erected, and notification to the homeowner's association. Item G. Discussion ensued among the Council concerning future requests from Albertson's regarding a sign being placed on the pylons which are already in place. Counci1person Feigel moved to disapprove Item E. The motion died for lack of a second. councilperson Ahlers moved to approve Item E. councilperson McKnight seconded the motion. r, , Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, and McKnight councilperson Feigel Mayor Newton declared the motion carried. Councilperson McKain moved to approve Item F. Councilperson McKnight seconded the motion. Discussion ensued among the Council concerning the notification of the surrounding property owners. Councilpersons McKain and McKnight withdrew the motion and second. Councilperson McKain moved to table Item F until notification has been sent to the Homeowners Association. councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Councilperson Ahlers moved to approve Item G. Councilperson McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, and McKnight councilpersons McKenney and Feigel Mayor Newton declared the motion carried. (' -3- CITY COUNCIL MINUTES OCTOBER 6, 1992 PUBLIC HEARINGS: 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-883 - Rezoning Lots 19 & 20, Block 1, Westcoat Place Addition, from R40 to R30, 5917 and 5913 Bettinger Drive Mayor Newton opened the Public Hearing and read Ordinance 0-92-883 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 6. FIRST READING AND PUBLIC BEARING - Ordinance 0-92-882 - Bob Moore Sports Center, Special Use Permit, 19.256 acre tract out of the J. L. Byas Survey, Abstract 180, to allow a go-cart track located at 6113 Colleyville Boulevard Mayor Newton opened the Public Hearing and read Ordinance 0-92-882 in its entirety. (, Mr. Michael Wolber, 1009 Hardage circle, Ms. Norma Pletzke, 904 Hardage Lane, Mr. Alan Chernoff, 5810 Ponderosa, Ms. Lorna McElaney, 1106 Hardage Lane, Mr. Rick Staples, 5706 Ponderosa, Mr. Michael McElaney, 1106 Hardage Lane, Mr. Charlie Collier, 5616 Coventry Court, Ms. Randi Worsham, 2503 Heather Glenn Court, Mr. Gary Quinn, 6005 Park Court, Mr. Chuck Berry, 3205 Glade Road, representing American Legion Post 378, Mr. Powell Banning, 5801 Highland Hills Lane, Ms. Loretta Burke, 209 W. McDonwell School Road, Colleyville Neighborhood Alliance, James Moore, 1416 Glade Road, Ms. Peggy Feil, 2307 Heather Glenn Drive, Mr. Ernest Hedgcoth, 6012 Ponderosa, Ms. Jacquelyn Cagle, One Linderhof Circle, Bedford, Mr. Ed Pletzke, 904 Hardage, spoke in opposition to Ordinance 0-92-882, stating their concerns as pollution, crime, safety, economics, declining property values, noise, traffic, and the way in which gasoline would be stored. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Mr. Darrell Perry, Washington & Associates, representing Mr. Bob Moore, spoke regarding the crime rate, traffic, safety, closing of the track during memorial services at Bluebonnet Hills Cemetery, and gasoline storage. Mr. Perry presented a petition of signatures from customers of Mr. Moore's business. Mr. Michael Fann, a Senior Consultant with Pelton, Marsh, Kinsella, Inc., Acoustical Consultants, reviewed the noise study prepared by his firm. Discussion ensued among the Council regarding the noise level, methods used in acquiring the noise information, fencing, traffic, parking lot capacity, anticipated number of customers, light sources, gasoline storage, speaker systems, violation of the City I S nuisance Ordinance, potential for crime increase, potential needs for security, inquiring from other cities information regarding crime data on businesses such as is being proposed, and air pollution. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-881 - Amending Section 22, Schedule of Permitted Uses of the Zoning Ordinance to allow Bed and Breakfast businesses in residential zoning districts by Special Use Permit Mayor Newton opened the Public Hearing and read Ordinance 0-92-881 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 regarding the initiation of this Ordinance, comparison to other cities, proposed zoning districts, parking requirements, and the inclusion of PUD-R. -4- CITY COUNCIL MINUTES OCTOBER 6, 1992 8. READING AND PUBLIC HEARING - Resolution R-92-830 - Acknowledging an error in the Ordinance 0-90-801, granting PUD-R Zoning for Woodland Hills 10th Filing ~ Mayor Newton opened the Public Hearing and read Resolution R-92-830 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Mr. Terry Wilkinson, Larry Cole Company, 807 Forest Ridge, applicant, was present explaining the error made regarding rear set-backs. Discussion ensued among the Council concerning the pending residences, hardships, addressing an Ordinance with a Resolution, notification of Public Hearing, and legal corrections to the proposed Ordinance. Councilperson McKain moved to approve Resolution R-92-830, removing Section 3 and changing Section 2 to include only Lot 6, Block 20 and Lot 16, Block 11. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, and McKain Councilpersons Feigel and McKnight Mayor Newton declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-92-828 - Affirming the policy of the City of Colleyville to prohibit the creation of "flag lots" Mayor Newton opened the Public Hearing and read Resolution R-92-828 in its entirety. Ms. Sammie Bolling, 6712 Curtis Road, advised the Council that the vote of the Planning and Zoning Commission was 4-1 rather than 5-0. She stated that she did not feel there is a solution to the situation at this time. Mayor Newton 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 regarding the reaffirmation of technical provisions to prohibit "flag lots". Councilperson McKenney moved to approve Resolution R-92-828. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons McKenney, McKain, and Feigel Councilpersons Ahlers and McKnight Mayor Newton declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-92-829 - Approving participation in the "Cooperative Purchasing Program" for the State of Texas Mayor Newton opened the Public Hearing and read Resolution R-92-829 in its entirety. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Resolution R-92-829. Councilperson Ahlers seconded the motion. -5- CITY COUNCIL MINUTES OCTOBER 6, 1992 Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ACTION ITEMS: 11. DISCUSSION AND CONSIDERATION OF REQUEST BY BRUCE SCHOLLMEYER FOR WAIVER OF REQUIREMENT TO PLAT PRIOR TO ISSUANCE OF A BUILDING PERMIT AT 2316 OAK KNOLL This item was removed from the Agenda at the request of the applicant. 12. DISCUSSION AND CONSIDERATION OF POSSIBLE OVERRIDE OF MAYOR' S VETO OF ZONING FOR WOODBRIAR ESTATES WEST Mr. Bob Kohsmann, applicant, was present advising the Council that the neighborhood is in favor of this zoning, and offering to trade the zoning of a piece of property at the corner of L. D. Lockett and Precinct Line Roads for the proposed rezoning. Mayor Newton read the letter concerning his veto. Councilperson McKnight moved to override the Mayor's veto. Councilperson Ahlers seconded the motion. Discussion ensued among the Council regarding revenue to the City addition is approved, planned growth, and the quality of the subdivision. if this proposed Ayes: Nays: councilpersons Ahlers, McKain, and McKnight Councilpersons McKenney and Feigel Mayor Newton declared the motion failed due to the motion needing a 3/4 vote in order to pass. 13. DISCUSSION AND CONSIDERATION OF AMENDMENTS TO THE PLEASANT RUN SOCCER FIELD CONTRACT Mr. Alan Linford, Park and Recreation Advisory Board Chairman, was present and explained the proposed amendments. Councilperson McKenney moved to approve the amendments including bid alternates 5, 6, 7, and 8, in the amount of $53,515 to be funded from the Voluntary Park Fund with the condition that no additional expenditures be charged to the Voluntary Park Fund until it has a positive balance. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 14. DISCUSSION AND CONSIDERATION OF ENTERING INTO A CONTRACT WITH SCHRICKEL ROLLINS AND ASSOCIATES TO EVALUATE POSSIBLE PARK GRANT APPLICATIONS ,~ Alan Linford, Park and Recreation Advisory Board Chairman, advised that if a previously approved grant is progressing normally, future park grant applications would be looked at favorably by the Texas Department of Parks and Wildlife. He also explained that these grants are becoming less available. -6- CITY COUNCIL MINUTES OCTOBER 6, 1992 Discussion ensued among the Council regarding bond funding, Bransford Park, Kimzey Park, City Park, and Sparger Park extension. Councilperson McKenney moved to approve the expenditure of $2,500 to enter into a contract with Schrickel Rollins and Associates to evaluate possible park grant applications. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons McKenney, Feigel, and McKnight Councilpersons Ahlers and McKain Mayor Newton declared the motion carried. 15. DISCUSSION AND CONSIDERATION OF APPOINTMENT TO THE ENVIRONMENTAL BOARD Councilpersons Ahlers, McKenney, McKain, and McKnight passed in regard to making nominations. Councilperson Feigel nominated Mr. David Fink, 6400 ponderosa Lane. Councilperson McKenney requested the Council adjourn into Executive Session to discuss the nomination. Councilperson Feigel withdrew her nomination. The City Council returned to Executive Session at 12:05 a.m., and reconvened at 1:07 a.m. Mayor Newton announced there would be no action taken from Executive Session. ~ REPORTS: 16. PLANNING AND ZONING COMMISSION MINUTES ZONING BOARD OF ADJUSTMENT MINUTES PARK AND RECREATION ADVISORY BOARD MINUTES 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 Mr. Michael Wolber, 1009 Hardage CirCle, spoke to the Council regarding additional time being provided for speakers making presentations, allowing for further review of data presented. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 6, 1992 - Reading and Public Hearing - Resolution R-92-827 Mayor Newton opened the Public Hearing and read Resolution R-92-827 in its entirety. ,~ There was no one present wishing to speak concerning this item. -7- CITY COUNCIL MINUTES OCTOBER 6, 1992 Councilperson Ahlers moved to approve Resolution R-92-827, ratifying a sign variance request by Quickshade, 4828 Colleyville Boulevard; ratifying a s~gn variance request by Albertsons, 4000 Glade Road; amending the contract with Dean Construction for the Pleasant Run Soccer Fields by adding alternates bid as 5, 6, 7, and 8, stating that the funds for these additions be taken from the Voluntary Park Fund and no further expenditures be made from the Voluntary Park Fund until it has a positive balance; approving a contract with Schrickel Rollins to expend $2,500 for an evaluation of proposed grant applications for City Park, Kimzey Park, and Sparger Park from the general fund to be reimbursed from the Mill Creek Grant. Councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. ADJOURNMENT : 20. ADJOURNMENT There being no further business before the City Council, Councilperson McKain moved to adjourn. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None r, Mayor Newton declared the meeting adjourned at 1:10 a.m. APPROVED THIS dOtf.. DAY OF /)~ ~ NAYS, AND -LL-- ABSTENTIONS. Minutes taken and prepared by: ~:!:i~ City Secretary , 1992, BY A VOTE OF ~ AYES, ,r-, \ -8-