HomeMy WebLinkAboutCity Council-Minutes-11/2/1992
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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.
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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
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Councilperson Feigel announced that she had attended the Chamber of Commerce's
Economic Development Luncheon and discussed Economic Development issues.
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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.
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CITY COUNCIL MINUTES
NOVEMBER 2, 1992
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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.
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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.
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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.
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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.
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CITY COUNCIL MINUTES
NOVEMBER 2, 1992
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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.
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Mayor Newton asked if there were others wishing to speak concerning this item.
There being none, Mayor Newton closed the Public Hearing.
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CITY COUNCIL MINUTES
NOVEMBER 2, 1992
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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.
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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.
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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.
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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
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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.
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CITY COUNCIL MEETING
NOVEMBER 2, 1992
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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
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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:
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City Secretary
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