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HomeMy WebLinkAboutCity Council-Minutes-12/3/1991 MINUTES OF COLLEYVILLE CITY COUNCIL DECEMBER 3, 1991 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Chris Hawkins on December 3, 1991, at 6:50 p.m. Roll Call: Councilpersons Linda Ahlers, Steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Chris Hawkins, City Manager Bob Stripling, Assistant City Manager David I. Draz, Jr., Director of Community Development John Warden, City Engineer Mike Jones, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilman Richard Newton was absent due to a death in the family. Councilperson Linda Ahlers gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. 1. APPROVAL OF MINUTES - Regular Meeting of November 19, 1991 Councilman McKnight moved to approve the Minutes of the Regular Council Meeting of November 19, 1991, as written. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Hawkins 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 - School Site Special Use Permit paragraph f Legal - Litigation - Discussion of L.T.D. Industries, Inc. paragraph g Personnel - Consideration by City Manager or City Council Mayor Hawkins 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 9 - personnel. He further explained that there would be no decisions or action taken during this time. The meeting was recessed at 7:00 p.m. and was reconvened at 7:40 p.m. 3. POSSIBLE ACTION FROM EXECUTIVE SESSION - In accordance with Article 6252- 17 See 2 paragraph e - Land Acquisition - Sale and/or Acquisition of Property paragraph f - Legal - Litigation - School Site Special Use Permit paragraph f - Legal - Litigation - Discussion of L.T.D. Industries, Inc. paragraph g - Personnel - Consideration by City Manager or City Council Mayor Hawkins stated there would be one item of action concerning Personnel. He opened the Public Hearing and read Resolution R-91-725 in its entirety. There was no one present to speak concerning this item. Mayor Hawkins closed the Public Hearing. Councilperson Ahlers moved to approve Resolution R-91-725. -1- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 Councilman McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. Janet Hofstrom was present to receive the Resolution thanking her for the exemplary job she had done as Acting City Secretary between September 9, 1991, and November 18, 1991. CORRESPONDENCE: Mayor Hawkins stated he had received correspondence from the Council of Governments asking the Mayors of Hurst, Bedford, Euless and Colleyville to appoint a representative to the Regional Transportation Council as part of COG. He advised as soon as an appointment had been made he would report that to the Council. He also stated there had been some correspondence received from Lone Star Gas concerning rate adjustments and that he had turned it over to the City Manager to get further information and report back to the Council. Councilman McKain stated he had distributed minutes from the last Chamber Board Meeting and a letter from Mr. Kleaver concerning Cheek-Sparger Road. The Council asked that the City Staff draft a response to Mr. Kleaver's letter and present it to the City Council for review. Councilperson Ahlers thanked all who were involved in the Parade and Christmas Tree Lighting Ceremony and complimented those who took part on a job well done. MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: Councilman McKnight asked Kyle Sammons to come forward and introduced him to the Council and Staff. He stated Kyle attends Bear Creek Elementary School and had been studying letter writing. He further stated he had received a letter from Kyle inquiring about his job as a Councilman. Mayor Hawkins read and presented a Proclamation to Kyle making him an Honorary Citizen of the City of Colleyville. CONSENT: 4. READING AND PUBLIC HEARING - RESOLUTION R-91-723 - CONSENT ITEMS: a. Approving Combination Preliminary Plan and Final Plat, Case P-91- 927, 1.37 acre Tract out of the S. Cotrail Survey, Abstract 328, Tracts 2A1 and 2A2, Marguerite's Addition (1805 Glade Road) b. Approving Combination preliminary Plan and Final Plat, Case P-91- 928, 1.76 acre Tract out of the S. Cotrail Survey, Abstract 328, Tract 2A, Westbrooke Addition (1809 Glade Road) c. Approval of Traffic Light Synchronization Grant Agreement d. Approval Financial Advisory Service Contract with First Southwest Mayor Hawkins opened the Public Hearing and read Resolution R-91-723 in its entirety. Mayor Hawkins asked if there was anyone in the audience wishing to speak concerning these items. There being none, Mayor Hawkins closed the Public Hearing and asked the Council for comments or questions. Councilperson Feigel asked the City Engineer a question concerning Item C, the synchronization of the lights in regard to the School Zones. Mr. Danny Cummings, JBM and Associates, spoke concerning the traffic light synchronization. He stated his company was working with the City on this project and that with a reduced speed zone the school zones can be factored in to allow -2- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 progression to be maintained through the City. He stated a possibility is to cut this out of the system, but he assured the Council that the school zones would be a factor considered when installing the system. Councilman McKain raised a question concerning the contract amount and whether it was based on the mileage of the roadway being studied or the number of intersections. Mr. Cummings stated this was based on the number of intersections with light signals. Councilman McKain moved to approve Resolution R-91-723. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel and McKnight None Mayor Hawkins declared the motion carried. PUBLIC BEARINGS: 5. 3RD READING AND PUBLIC HEARING - Ordinance 0-91-842 - An Ordinance Amending the Zoning Ordinance at the request of Jesse Vester, Case Z-91- 916. Zoning Change Request from AG to ML, 3.8354 acre tract out of the A.J. Lott Survey, Abstract 963, Tracts 2B2A, 2B3C, 2B3B, 2B2A3, (South of Lots 13 & 14, Colleyville Industrial Park, 1808 Industrial Blvd.) Mayor Hawkins opened the Public Hearing and read the caption of Ordinance 0-91- 842. Mr. Jesse Vester, applicant, was present and stated he is in compliance with City ordinances and intended to continue to be in compliance. He also stated he knew of no complaints filed against his operation and that it was a clean business. Mr. Vester reviewed the planned landscaping and buffer zone for this location and added that it would also be in compliance with the City's ordinances. In answer to a question by Councilman McKain, Mr. Vester stated the additional green area of trees is 79.09' by 174.09' and would be maintained with irrigation and possibly utilized in the drainage issue. Mr. Ulys Lane, III, spoke for Mr. Ulys Lane, Jr., 1806 Sanders Lane, concerning this Ordinance. He stated he feels the zoning remains non-compatible and that his parents would prefer this property to be zoned for residential use and Mr. Lane asked the Council to reconsider approval of this request. Mayor Hawkins asked if there were others in the audience wishing to speak concerning this Ordinance. There being none, Mayor Hawkins closed the Public Hearing. Mr. Stripling stated the staff recommends delaying action on this item until the Wyatt tract is considered by Council and stated that the Planning & Zoning Commission might be asked to look at this tract as well as the Wyatt tract in making their decision. Mr. Vester gave the names of the owners of the property in question in answer to questions raised by Councilman McKain. Councilman McKain stated he was not uncomfortable with this proposal, but stated he was concerned with the potential land-locking and alleviating any future problems that might arise for the surrounding properties and moved to table this item, pending the Planning and Zoning Commission's decision concerning the Wyatt tract, staff's exploring other options relevant to the other properties that are land-locked, and Planning and Zoning's additional input relative to this item as they consider the Wyatt tract. -3- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 Councilperson Feigel seconded the motion. Councilperson Ahlers asked if Councilman McKain was asking the Planning and Zoning Commission to re-assess their original vote concerning this item. Councilman McKain stated that was not his intent, but would welcome any input. He stated he was not anticipating sending this item back to Planning and Zoning, just that they forward any comments relative to this item that might surface while considering the Wyatt tract proposal. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and MCKnight None Mayor Hawkins declared the motion carried. 6. 3RD READING AND PUBLIC BEARING - Ordinance 0-91-843 - An Ordinance Amending 0-90-761, the Site Plan of Summertree III, 9.884 acre tract out of the C.C. Doss Survey Abstract 439 (5200 Block of Pool Road) Mayor Hawkins opened the Public Hearing and read the caption of Ordinance 0-91- 843. Mayor Hawkins asked if there was anyone in the audience wishing to speak concerning this Ordinance. There being none, Mayor Hawkins closed the Public Hearing. Mr. Gary Cantrell, 313 Chapelwood, stated this was replatting two lots into one. There were no questions or comments from the City Council. Councilperson Ahlers moved to approve Ordinance 0-91-843 on third and final reading. Councilman McKnight seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. 7. 3RD READING AND PUBLIC BEARING - Ordinance 0-91-845 - An Ordinance Amending the requirements for Food Manager Certification at the request of Tarrant County. Mayor Hawkins opened the Public Hearing and read the caption of Ordinance 0-91- 845. Mayor Hawkins asked if there was anyone in the audience wishing to speak concerning this Ordinance. There being none, Mayor Hawkins closed the Public Hearing. There were no questions or comments from the City Council. Councilperson Ahlers moved to approve Ordinance 0-91-845 on third and final reading. Councilman McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. -4- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 8. 2ND READING AND PUBLIC HEARING - Ordinance 0-91-846 - An Ordinance calling an election on January 18, 1991 for the purpose of submitting amendments to the Home-Rule Charter of the City of Colleyvi1le and appointing Election Judges Mayor Hawkins opened the Public Hearing and read the caption of Ordinance 0-91- 846. Mr. Gary Edwards, 220 W. Glade Road and Mr. James Moore, 1416 Glade Road, spoke in opposition to Ordinance 0-91-846 concerning the assessments on road improvements, protection to those property owners who already live on a street that is developed to its full size, property tax protection, Class A streets, and control being taken from the citizens. Mayor Hawkins asked if there was anyone else in the audience wishing to speak concerning this Ordinance. There being none, Mayor Hawkins closed the Public Hearing. There were no questions or comments from the City Council. 9. 2ND READING AND PUBLIC HEARING - Ordinance 0-91-847 - An Ordinance Amending the FY92 Budget Mayor Hawkins opened the Public Hearing and read the caption of Ordinance 0-91- 847. Mayor Hawkins asked if there was anyone in the audience wishing to speak concerning this Ordinance. There being none, Mayor Hawkins closed the Public Hearing. There were no questions or comments from the City Council. 10. 1ST READING AND PUBLIC HEARING - Ordinance 0-91-841 - Amending the Zoning Ordinance at the request of Montclair Pare, Inc., Case Z-91-926, Zoning Change Request, AG to R20, 6.028 acre tract out of the S.C.H. Witten Survey, Abstract 1619, Tracts 1Q, 1Q1, 1C, 1K, an addition to Montclair Pare. (West side of Montclair) Mayor Hawkins opened the Public Hearing and read Ordinance 0-91-848 in its entirety. Ms. Joyce McCrary, 5113 Camelot Drive, stated concerns about the impact this zoning change would have on the property owners downstream in regard to drainage. She stated drainage precautions should be taken and run-off diverted. Mayor Hawkins asked if there was anyone else in the audience wishing to speak concerning this Ordinance. There being none, Mayor Hawkins closed the Public Hearing. Mr. Ross Calhoun, applicant, stated this is a 6-acre section, that there are detention ponds planned, and that there is a traffic study being done. He also asked that he get an opportunity to discuss ingress and egress prior to the third reading concerning the circulation patterns as it relates to this subdivision prior to starting the platting process. There were no questions or comments from the City Council. 11. 1ST READING AND PUBLIC HEARING Ordinance 0-91-852 Approving implementation in the City of Colleyville of a change in rates charged by Tri-County Electric Cooperative, Inc., for Electric Utility Services Mayor Hawkins asked if there was a consensus from the Council to go through this process or approve the rate increase prior to his reading the Ordinance. -5- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 Councilman McKain asked if staff had determined what the City's rights or abilities to limit are. Mr. Foster advised that at this time we have not studied the request, but that it had been put on the agenda to give the Council the opportunity to take this request under consideration. It is anticipated that some research will be done and that additional information will be available to Council so that it can be better understood and the Council will know their options. Mr. Stripling stated the City staff is not suggesting the rate increase be approved, but was put on the agenda to get the process started toward some action to be taken in the future. Mayor Hawkins opened the Public hearing and read Ordinance 0-91-852 in its entirety. Mr. John Barrett, District Manager of Tri-County Electric Cooperative, 4740 Keller-Hicks Road, reviewed a handout he had presented to the Council and Staff. He stated that Tri-County Electric had not had a rate increase since 1984, that their immediate problem lies in the debt to income ratio, that Tri-County is owned by the consumers it serves, that they are asking for a 4.5% rate increase, a full scale rate case before the PUC would probably lead to a larger increase than what has been applied for, and that with this rate increase they could operate without another increase for several years. Mr. Barrett also reviewed the various classes of service. There were no questions or comments from the City Council. 12. 1ST READING AND PUBLIC HEARING - Ordinance 0-91-853 - Modifying the fees charged for inspection of grading, street construction, and drainage improvements Mayor Hawkins opened the Public Hearing and read Ordinance 0-91-853 in its entirety. Mayor Hawkins aSkfd if there was anyone in the audience wishing to speak concerning this Or inance. There being none, Mayor Hawkins closed the Public Hearing. There were no questions or comments from the City Council. ACTION ITEMS: 13. DISCUSSION AND CONSIDERATION OF CITY COUNCIL'S POSITION ON PROPOSED ALIGNMENT OF THE NORTHEAST TARRANT COUNTY FREEWAY AND THE EAST/WEST CONNECTOR Mayor Hawkins explained the intent of this item being to reaffirm the City's position concerning this subject. He read two letters to Bill Pitstick, Executive Director of the North Texas Council of Governments, stating the City's opposition to the freeway going through the City of Colleyville. George Herzog, 3900 Windermere Drive; Kathy Heller, 4003 Woodstock; Nancy Burgoyne, 1909 Ashton Court; Tom Whittaker, 2904 Sherwood Lane; Phil Kelly, 2808 Sherwood Lane; J. E. Oberndorfer, 4016 Windermere Court; Sharon O'Neil, 4012 Windermere Court; Rene Lawrance, 2902 Scarborough Lane West; and Jack Potter, 4005 Allendale spoke in strong opposition to the Northeast Tarrant County Freeway and the East/West Connector going through the City of Colleyville. Councilman MCKnight moved to reaffirm the City' s position concerning the Northeast Tarrant County Freeway and the East/West Connector, being in opposition to it going through the City of Colleyville and approval of Mayor Hawkins sending the two letters to Mr. Pitstick to that effect. -6- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 Councilman McKain seconded the motion. Ayes: Nays: Councilpersons Ahlers, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. 14. DISCUSSION AND CONSIDERATION OF CITY COUNCIL'S POSITION ON THE IMPROVEMENTS OF PRECINCT LINE ROAD Mayor Hawkins explained that the State Department of Highways and Public Transportation has set a Public Hearing for January 15, 1992, concerning Precinct Line Road improvements and that the Council should direct either the Mayor or City Manager on the position the City wishes to take. Mr. Doug Blemings, 6000 Colts Neck, spoke concerning the adoption of a Resolution to preserve the City's trees, especially the Post Oak on L. D. Lockett Road. Mayor Hawkins stated there would be a City Council Worksession on Tuesday, December 10, 1991, at which time this subject could be discussed. There were no questions or comments from the City Council. 15. DISCUSSION AND CONSIDERATION OF INCREASING THE DONATION TO THE VOLUNTARY PARK FUND It was the consensus of the Council to postpone this item until a later date. 16. DISCUSSION AND CONSIDERATION OF APPOINTING A HISTORICAL ADVISORY BOARD Mr. Alan Linford, Park and Recreation Board Chairman spoke concerning this item stating there was an interest in the community to appoint this board for the purpose of advising and directing in the area of preserving some of the City's historical sites. Councilperson Feigel stated she had attended previous Park and Recreation Board meetings and that she felt there was a great interest in the community to restore the Webb House. Mayor Hawkins suggested the Park and Recreation Board nominate appointees to a Historical Advisory Board and the Council take formal action of making appointments. The Council agreed this would be the best route since the Park and Recreation Board was more knowledgeable in this area. 17. DISCUSSION AND CONSIDERATION OF REQUEST BY LARRY COLE COMPANY TO RECONSIDER PERIMETER STREET FEES FOR WOODLAND HILLS 10TH FILING Mr. Terry Wilkinson, Vice President of the Larry Cole Company, was present regarding this item. Mr. Wilkinson reviewed information he had distributed to the Council and stated his company was opposed to the perimeter road costs. Discussion ensued concerning the Developer Agreement, City ordinances, contracts, impact fees, and escrow monies. It was the consensus of the Council to direct City Staff to research this subject and present further information concerning the verification of escrow monies. -7- MINUTES OF CITY COUNCIL MEETING DECEMBER 3, 1991 REPORTS: 14. REPORTS OF ADVISORY BOARDS AND COMMISSIONS a. Minutes of Planning & Zoning Commission No discussion was held or action taken on this item. STAFF REPORTS: 15. CITY MANAGER'S REPORT No discussion was held or action taken on this item. CITIZEN COMMENTS: 20. CITIZEN COMMENTS/PRESENTATION REGARDING ITEMS NOT ON THE AGENDA Suzie Grundy, 209 Timberline North; Kathy Heller, 4003 Woodstock; Nancy Burgoyne, 1909 Ashton Court; Jan Brissey, 3901 Martin Parkway, asked questions of the Council and Staff concerning the right-of-way on Cheek-Sparger Road and stated their opposition to this roadway being widened to more than four lanes. ACTION RESOLUTION: 21. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA Action for the Meeting of December 3, 1991 - Reading and Public Hearing - Resolution R-91-721 This item was not needed. ADJOURNMENT : 22 . ADJOURNMENT There being no further business before the City Council, Councilman McKain moved to adjourn. Councilperson Ahlers seconded the motion. Ayes: Councilpersons Ahlers, McKain, Feigel, and McKnight Nays: None Mayor Hawkins declared the meeting adjourned at 11:00 p.m. APPROVED THIS 11f! DAY OF _fuHIWI.1wJ NAYS, AND ---L.:: ABSTENTIONS. , 1991, BY A VOTE OF ~ AYES, ~ Minutes taken and Prepared by: Je9!:::::. td~ City Secretary NOTE: As a matter of public record, an audio recording of the above Council Meeting is available upon request. \minutes\cc1203 -8-