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HomeMy WebLinkAboutCity Council-Minutes-11/2/1992 -- MINUTES OF COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 2, 1992 The regular meeting of the City Council of Colleyville was called to order by Mayor Richard Newton on November 2, 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 Linda Ahlers gave the invocation after which Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES: Regular Meeting of October 20, 1992, and Special Meeting of October 15, 1992 Councilperson Feigel moved to approve the minutes of the regular Council meeting of October 20, 1992, and the special Council meeting of October 15, 1992, as written. Councilperson McKnight seconded the motion. ,- Ayes: Councilpersons Ahlers, McKenney, Feigel, and McKnight Nays: None Abstain: Councilperson McKain 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 - Northeast Properties Law Suit paragraph f - Legal - Easement and License Agreement for Bransford Road/Glade Road School Site 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 reconvened at 7:40 p.m. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS ~ I Councilperson Feigel announced that she had attended the Chamber of Commerce's Economic Development Luncheon and discussed Economic Development issues. -1- CITY COUNCIL MINUTES NOVEMBER 2, 1992 CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-92-836 - Consent Items: a. Approval of City/Developer Agreement for Longwood Addition, Phase I and Phase II b. Approval of Engineering Services Contract with Johnson, Brickell, Mulcahy, & Associates for the Design of Bransford Road Improvements (Glade Road to Colleyville Boulevard) c. Approval of Change Order No. 3 for the Pleasant Run Park Improvement Project d. Approval of Financial Advisor Contract for FY 1993 Bond Sale e. Approval of a Consulting Contract with Vicki Park to Create an Economic Development Strategy Mayor Newton opened the Public Hearing and read Resolution R-92-836 in its entirety. Mr. David Bagwell, 5500 Preston Road, Dallas, spoke concerning Item 4A, regarding the off-site sidewalk. 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 remove Item lA from the Consent Resolution. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Councilperson Ahlers moved to approve Resolution R-92-836 with the exception of Item lA. Councilperson Feigel seconded the motion. Ayes: Nays: councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. Item 1A. Discussion ensued among the Council regarding the City's sidewalk requirements, the need for sidewalks in this area, the cost, and the timing proposed for building the sidewalks. Councilperson McKenney moved to approve Item 1A with an amendment to Paragraph No. 4 of the proposed City/Developer Agreement reflecting an escrow of $14,400 in lieu of $9,000 for the sidewalk. councilperson McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, and Feigel Councilperson McKnight Mayor Newton declared the motion carried. -2- CITY COUNCIL MINUTES NOVEMBER 2, 1992 l PUBLIC HEARINGS: 5. THIRD 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 the caption of Ordinance 0-92- 883. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. Councilperson McKain moved to approve Ordinance 0-92-883. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the motion carried. 6. THIRD 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 read the caption of Ordinance 0-92-882 and announced that prior to opening the Public Hearing a poll would be taken of the council as to their feelings regarding this item. ( Mayor Newton read a letter from the Colleyville Lions Club stating Mr. Moore's support for the Lion's Club Charity Hole-In-One Shoot Out for the past four years. He stated that many letters had been received concerning the proposed Special Use Permit. Mayor Newton asked the Councilpersons for their feelings on the issue. The majority of the Council indicated they would vote in opposition to the request for a Special Use Permit. Mr. Darrell Perry, Washington & Associates, spoke representing Mr. Bob Moore, stating the Go Cart track would be shut down during memorial or funeral services and discussed appropriate uses for property next to a cemetery, traffic, commercial uses allowed, parking, storage of gasoline on the site, and the noise study. Mayor Newton again asked for the Council's feelings on the issue. The majority again indicated they would vote in opposition to the request. Mayor Newton opened the Public Hearing. Mr. Jim Moore, 1416 Glade Road, spoke concerning whether the Council ever intends to approve a request for this type of Special Use Permit. Mr. Richard Adams, 6409 Ponderosa, and Ms. Linda Barkley Bredon, 1002 Hardage Lane, spoke in opposition to this request. Mr. Terry Stilson, 1805 Sanders Lane, spoke in favor of the request. Mayor Newton asked if there were others wishing to speak concerning this request. There being none, Mayor Newton closed the Public Hearing. (! Councilperson Ahlers moved to disapprove Ordinance 0-92-882. Councilperson McKenney seconded the motion. -3- CITY COUNCIL MINUTES NOVEMBER 2, 1992 Ayes: Councilpersons Ahlers, McKenney, Feigel, and McKnight Nays: McKain Mayor Newton declared the motion carried. 7. THIRD 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 the caption of Ordinance 0-92- 881. Mr. Chuck Walton, 6320 Westcoat, questioned the Council on what constitutes a "Bed & Breakfast", and what problems will be created by allowing this type of business in Colleyville. 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 limitations on lot sizes, square footage of the homes, allowing this type business in every commercial zoning district, and the recommendation of the Planning and Zoning Commission regarding this issue. councilperson McKain moved to approve Ordinance 0-92-881. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, and McKain Councilpersons Feigel, and McKnight Mayor Newton declared the motion carried. 8. SECOND READING AND PUBLIC BEARING - Ordinance 0-92-884 - Amending the rear building setback requirements for Woodland Hills Tenth Filing Mayor Newton opened the Public Hearing and read the caption of Ordinance 0-92- 884. There was no one present wishing to speak concerning this item and Mayor Newton closed the Public Hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-92-885 - calling an Election for January 16, 1993, to consider authorizing the levy and collection of a one-half cent sales and use tax Mayor Newton opened the Public Hearing and read Ordinance 0-92-885 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in opposition to Ordinance 0-92-885. Mr. Michael Wolber, 1009 Hardage Circle, raised questions regarding the City utilizing the Grapevine/Colleyville Independent School District's grounds and facilities. He also asked about fees being charged to those who would use the City's facilities. ~ I 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 regarding the use of the School District's recreational facilities and charging fees to those who would use the City's facilities. -4- CITY COUNCIL MINUTES NOVEMBER 2, 1992 \, 10. READING AND PUBLIC BEARING - Resolution R-92-838 - calling an Election for January 16, 1993, to consider authorizing an increase in the ad valorem tax rate above the Charter Limitation for FY 1994 Mayor Newton opened the Public Hearing and read Resolution R-92-838 in its entirety. Mr. Jim Moore, 1416 Glade Road, Mr. Rick Staples, 5706 Ponderosa, Mr. Michael Wolber, 1009 Hardage Circle, and Mr. Doug Blemings, 6000 Colts Neck Drive, spoke in opposition to Resolution R-92-838. Mr. Manuel Montes, 3608 Cotswold Court, spoke in favor of the ad valorem tax rate increase. He stated he feels the rate should be brought up to the average of our surrounding communities. Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. Mr. stripling suggested the Council take action on this item at the same time action is taken on Ordinance 0-92-885. Discussion ensued among the Council concerning the support of the citizens and the lack of citizens present during the financial discussions of the city. There was no action taken on this item. 11. READING AND PUBLIC HEARING - Resolution R-92-839 - Creating an Economic Development Task Force and Appointing Membership r Mayor Newton opened the Public Hearing and read Resolution R-92-839 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-92-839. Councilperson Ahlers seconded the motion. Ayes: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight Nays: None Mayor Newton declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-92-840 - Precinct Line Road Right-of-Way Acquisition Mayor Newton opened the Public Hearing and read Resolution R-92-840 in its entirety. Mr. Doug Blemings, 6000 Colts Neck Drive, Mr. Paul Moore, 613 Hunter Trail, Ms. Jean Cahill, 5109 Hunter Trail, and Ms. Loretta Burke, 209 W. McDonwell School Road, spoke in opposition to Precinct Line Road becoming a 7-lane roadway. Mr. Cliff Carr, 1709 Avalon, Co-Chairman of the Master Plan Committee, requested the Council postpone action on this Resolution until the width issue can be resolved. r Mayor Newton asked if there were others wishing to speak concerning this item. There being none, Mayor Newton closed the Public Hearing. -5- CITY COUNCIL MINUTES NOVEMBER 2, 1992 \ Councilperson Feigel read the following statement: "Because I am currently serving as the representative for this Council on the NCTCOG Regional Transportation Subcommittee and as the representative on another transportation oriented committee called CONET, I feel compelled to make a comment on this agenda item. I have tried to obtain as much knowledge on these issues as possible through attending numerous meetings and through reading all information available relative to these issues. On this particular issue my knowledge and my judgement leads me to recommend disapproval of this resolution for the following reasons: 1) Although our neighbors (North Richland Hills and Hurst) apparently feel that improvement of this road is critical to the future development of their cities, they have both agreed that a four to five lane road would be acceptable to them. Unfortunately, even though traffic projections to support the seven lane concept as proposed by TXDOT are highly questionable, Billie Hardie is apparently unwilling to participate with state funds unless the cities agree to seven lanes. Our neighbors are apparently not willing to fight him on that issue and in fact, stated they would be willing to fight Colleyville rather than Billie Hardie. 2) The North Central Texas Council of Governments' traffic projections did not initially support seven lanes, however, later they reversed their position and chose to support the seven lane concept even though their figures did not. ( 3) The City of Colleyville will be required to provide $95,000 for its share of the cost, to be taken from the utility fund which currently pays for water lines and sewer lines. Obviously that expenditure will preclude other work that might have been done within Colleyville on water and sewer lines. 4) I believe this kind of improvement to Precinct Line Road, ahead of any significant improvement to Highway 26, will be detrimental to our City's new economic development efforts and business retention efforts as traffic is diverted away from Highway 26 and a new commercial center is created. 5) If one reads the Environmental Assessment Statement prepared by TXDOT, it is apparent that a "significant" noise impact will result from this project to those homes in Colleyville adjacent to Precinct Line and absolutely no attenuation or abatement of that noise is being recommended by TXDOT because it is not considered to be cost effective. This project, in my opinion, is being forced upon Colleyville residents and without the same opportunity for input that was given to the City of Bedford on Cheek Sparger Road by TXDOT. The only distinction that can be conjured up to justify this is that Precinct Line is a farm to market road. It isn't clear what difference that makes. (I The recommendation from the City staff is that we should not jeopardize this project when it means so much to our neighbors, and that hopefully when we need their support on an issue they will reciprocate. If being neighborly were the only issue then I couldn't agree more. However, it is not. I believe there are several negatives to Colleyville taxpayers and, in my opinion, that should come first. -6- CITY COUNCIL MINUTES NOVEMBER 2, 1992 In the past three years this Council has attempted to carefully prioritize the issues in Colleyville and spend taxpayers dollars in a fair and responsible manner. Precinct Line Road has never been included on any list of priorities that I have seen in those three years. Therefore, I recommend that this expenditure be disapproved." Discussion ensued among the Council regarding the schedule of construction, movement of utilities, the Oak Tree at L. D. Lockett, a four-lane roadway rather than a seven-lane roadway as proposed, renegotiating with the State for the four- lane roadway, timing as to when funds would need to be paid, and length of the roadway within the Colleyville City Limits. Councilperson McKenney moved to approve Resolution R-92-840. Councilperson Ahlers seconded the motion. Councilperson Feigel stated she was concerned about taking this action without the citizens being given an opportunity to have three public hearings on this item as was done for the citizens along Cheek Sparger Road. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, and McKnight Councilperson Feigel Mayor Newton declared the motion carried. ACTION ITEMS: 13. DISCUSSION AND CONSIDERATION OF NORTHEAST PROPERTIES LAW SUIT (-- There was no action taken on this item. 14. DISCUSSION AND CONSIDERATION OF EASEMENT AND LICENSE AGREEMENTS FOR BRANSFORD ROAD/GLADE ROAD SCHOOL SITE There was no action taken on this item. 15. DISCUSSION AND CONSIDERATION OF RESOLUTION TRUST CORPORATION LAW SUIT There was no action taken on this item. REPORTS: 16. PLANNING AND ZONING COMMISSION MINUTES ZONING BOARD OF ADJUSTMENT 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. Steve symonds, 109 Quail Run, suggested looking into changing the Ordinance regarding Go-Cart Tracks and questioned the Council's action regarding Precinct Line Road and Billie Hardy's position. -7- CITY COUNCIL MEETING NOVEMBER 2, 1992 \ '" Mr. Rick Staples, 5706 Ponderosa, Mr. Paul Moore, 613 Hunter Trail, Mr. Manuel Montes, 3608 Cotswold Court, Mr. Mike Wolber, 1009 Hardage Circle, Ms. Jean Cahill, 5109 Hunter Trail, Mr. Doug Blemings, 6000 Colts Neck Drive, and Mr. Steve Symonds, 109 Quail Run, spoke in opposition to the Council's action regarding Precinct Line Road (Item No. 12). Mr. Alan Chernoff, 5810 Ponderosa, spoke concerning the traffic that would justify a seven-lane roadway through Colleyville. He also spoke concerning the rewriting of the zoning Ordinance to remove the wording that allows a go-cart track within the City of Colleyville. Mayor Newton spoke concerning the position Billie Hardy holds and the long battle that has taken place regarding this issue. Councilperson Feigel asked the Mayor the following question: "Mayor, while you are attempting to justify what this Council just did, would you please also try to justify why they did not allow three public hearings for citizen input, before taking this action?" ACTION/RESOLUTION: 19 . DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 2, 1992 - Reading and Public Hearing - Resolution R-92-837 This Resolution was not needed. ADJOURNMENT : 20. ADJOURNMENT ( There being no further business before the City Council, Councilperson Ahlers moved to adjourn. Councilperson McKenney seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKenney, McKain, Feigel, and McKnight None Mayor Newton declared the meeting adjourned at 10:30 p.m. APPROVED THIS /71i DAY OF Yl~ , 1992, BY A VOTE OF ~ AYES, --LL- NAYS, AND -LL-- ABSTENTIONS. Minutes taken and prepared by: 9:::::.. fd~' City Secretary (I -8-