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HomeMy WebLinkAboutCity Council-Minutes-11/19/1991 MINUTES OF COLLEYVILLE CITY COUNCIL NOVEMBER 19, 1991 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Chris Hawkins on November 19, 1991, at 6:55 p.m. Roll Call: Councilpersons Linda Ahlers, Richard Newton, Steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Chris Hawkins, City Manager Bob Stripling, Assistant City Manager David I. Draz, Jr., City Engineer Mike Jones, City Attorney Ross Foster, and City Secretary Jean Harris were also present. Councilperson Ed McKnight gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance. APPROVAL OF MINUTES Councilman Newton raised a question concerning Item No. 12 and the direction given to the City Manager regarding the collection of fees. Councilman Newton also stated he felt there should be more comments and discussion reflected in the minutes. Councilperson Ahlers moved to approve the Minutes of the Regular Council Meeting of November 5, 1991, as written. Councilperson Feigel seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. 1. 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 g - 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. The meeting was reconvened at 7:55 p.m. 2. POSSIBLE ACTION FROM 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 stated there would be no action taken on items discussed during Executive Session. -1- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 CORRESPONDENCE: Mayor Hawkins stated he had received a survey from the Texas Municipal League which was copied to the Council. Councilman McKain stated he had received a copy of the Minutes from the Chamber Retreat that could be viewed by the Council. MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: There were none presented. CONSENT: 3. Reading and Public Hearing - Resolution R-91-719 - Consent Items: a. Approval of Combination Preliminary Plan and Final Plat, Case P-91- 925, Carolyn's Addition (1305 Tinker Road) b. Approval of Facilities Improvements L. D. Lockett House from the Voluntary Park Fund c. Approval of Agreement with State of Texas to Wire Transfer Monthly Sales Tax Remittance d. Approval of Facilities Use Agreement with Colleyville Lions Club e. Approval of Deposit of Funds with Bransford Park Land Trust for purchase of Dominy/South property f. Approval of the Acquisition of 1.26 acres of land pursuant to the contract between Charles Robert Dominy/Darlene Sharon South and Bransford Park Land Trust Mayor Hawkins opened the Public Hearing and read Resolution R-91-719 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. Councilman Newton raised a question concerning the 6' easement around the edge of the property in question on Item (a) and if it is in conformance with other ordinances in terms of off-sets. City Engineer Mike Jones stated it is not in accordance with the required side- yard set backs, and that he did not recall if this subject was discussed during the Planning and Zoning Commission's consideration of this item; but that he believed the structure was placed on the property prior to the Zoning Ordinance being put into effect. Councilman McKnight suggested the Lion's Club be allowed to erect flag poles on the City's property at 5109 Bransford Road which serves as their meeting place and allow them to remove the flag poles should they choose not to meet at this location in the future. Councilman Newton moved to approve Resolution R-91-719 - Consent Items. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel and McKnight None Mayor Hawkins declared the motion carried. PUBLIC HEARINGS: 4. Reading and Public Hearing - Resolution R-91-722 - Resolution Approving the Design Criteria for Cheek Sparger Road Mayor Hawkins opened the Public Hearing and read Resolution R-91-722 in its entirety. -2- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 Mr. Glen Lavender, 4219 Green Meadow East, Mr. Mark Howe, 3100 Carisbrook Court, Mr. Mont O'Leary, 2100 Highland Meadows Drive, Mr. Mike Davis, 4703 Cresthaven, and Mr. Dennis Carpenter, 3201 Queensbury Way West, spoke in favor of the Resolution. They stated Cheek-Sparger has been in need of repair for quite some time, that it would be an asset to the City of Colleyville, as well as to the surrounding cities whose citizens use the roadway daily. It was also brought out that the roadway is in great need of a sidewalk for joggers, bikers, and children. They also stated they were in favor of the State assisting in the cost of the proposed reconstruction and that they feel the property values would improve with the completion of the Cheek-Sparger reconstruction. Mr. Christopher P. Kelly, 3906 Elmwood Court, raised questions concerning the 120' right-of-way, who had the ability to change the 120' to 71', and whether the City had already accepted the State's offer concerning the reconstruction of Cheek-Sparger Road. In answer to Mr. Kelly's questions, Mr. Foster advised that the City Council had the authority to change the 120' right-of-way to 71' and that the City had not accepted the State's offer prior to this meeting. Mayor Hawkins asked if there were others in the audience wishing to speak concerning this item. There being none, Mayor Hawkins closed the Public Hearing. Mayor Hawkins suggested that in future proposals the Council consider allowing widening into the right-of-way that is already in place, rather than allowing a lot of extra. Councilperson Feigel asked that anything having to do with right-of-way in Exhibit A, be deleted. She stated she feels it is misleading. Councilman Newton moved to approve Resolution R-91-722, approving the Design Criteria for Cheek Sparger Road, specifying a 40 MPH speed limit in Sec. 3(7) and contingent on the City of Bedford passing the same type resolution. Councilperson Ahlers seconded the motion. Ayes: Nays: Ahlers, Newton, McKain, and McKnight Feigel Mayor Hawkins declared the motion carried. 5. 2nd 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 had approached his neighbors concerning the proposed "woodcrete" fence around the property in question. He stated they were agreeable with the fence if it meets city code requirements. Mr. Vester passed out drawings showing the buffer zone and stated they were trying to add some additional green belt area to enhance the back area of the site. Mr. Vester stated he believed the proposed zoning change and building would meet the required 40' set back. Mr. Ulys Lane, III, spoke for Mr. Ulys Lane, Jr., 1806 Sanders Lane, concerning this Ordinance. He apologized for the remarks he had made at a previous Council meeting concerning the City's procedures. He stated he feels manufacturing and residential uses are incompatible and hoped the ordinances he distributed previously helped the City Council and staff understand that Colleyville' s ordinance does not address this type situation. He stated he feels the property -3- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 in question is more suitable for residential use due the steepness and it being heavily wooded. Mr. Lane also stated he feels a street should go through the proposed site. Mr. James Titus, 5110 Montclair Drive, spoke concerning the lack of development within the City and stated that a roadway should be put in this area with utilities and that this proposal should be discouraged due to the drainage problems in the area. 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. Vester advised the Council that there is a 15' drainage easement across the back of the property that carries the water to the highway. Councilman Newton stated he has a concern regarding the proposed zoning of this property not being compatible with the surrounding area and that he feels the entire area should be considered, not just one piece of property. He also expressed a concern for the required buffer zone in regard to the fire lane on the south side of this property. Councilman Newton stated he would like to see this item delayed until the questions regarding drainage, how this proposal fits in with the adjacent zoning, and buffer zones are answered. 6. 2nd Reading and Public Hearing - 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. Councilman Newton raised questions concerning the shape of the lots and the accessibility to the open space behind the lots in question. He also questioned the reasoning for shaping the lots as they are shown on the drawing and not making the access to the open space bigger and making the lots a size that would maintain the open space and average lot size requirements consistent with the ordinance. Mr. Gary Cantrell, 313 Chapelwood, stated there would be a rock sidewalk with wrought-iron fencing going behind the lots. He also stated that the process they went through to acquire these lots kept them from platting them in any other manner. Mr. Cantrell added that the Homeowners Association is trying to obtain a pedestrian easement for all property owners to the north. 7. 2nd Reading and Public Hearing - 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. -4- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 the effect on the down-stream area. Ms. Powell advised the Council that after each rain, debris must be removed. She stated the City will eventually have to help remedy these type situations. She asked that the City tell the developers they must develop responsibly or not at all. Mayor Hawkins asked if there was anyone else in the audience wishing to speak concerning this Resolution. There being none, Mayor Hawkins closed the Public Hearing. Mr. Newton brought out that if deed restrictions require a drainage easement, it must be maintained, it won't just be up to the homeowner to keep the area clean. In answer to a question raised by Mr. Newton concerning the drainage easement in the open space, Mr. Bagwell stated it would be cleaned up, but that any improvements must be approved by staff and that no improvements will be made in the floodway, due to the impeding of water. He stated the natural state will be enhanced, but there will not be a concrete drainage channel constructed. Councilman McKain moved to approve Resolution R-91-720 - approving the Final Plat for Ashmore II, Case P-91-925, 3100 Block of Glade Road. Councilperson Ahlers seconded the motion. Ayes: Nays: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. ACTION ITEMS: 11. Discussion and Consideration of Appointment of Planning & Zoning Commission Members Councilperson Ahlers stated that the City has very qualified applicants to choose from and nominated Louann Edwards to Place 5. Councilman McKain nominated Claudia McKenney to Place 5. There were no other nominations made and the vote was as follows: Edwards: Councilpersons Ahlers, Newton, and McKnight McKenney: Councilpersons McKain and Feigel Mayor Hawkins declared Louann Edwards appointed to Place 5 of the Planning & Zoning Commission. Councilperson Ahlers nominated Ray Strait to Place 6. nomination made and the vote was as follows: There were no other Strait: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Hawkins declared Ray Strait reappointed to Place 6 of the Planning & Zoning Commission. Councilperson Ahlers nominated Tom Michaels to Place 7. nominations made and the vote was as follows: There were no other Michaels: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Hawkins declared Tom Michaels reappointed to Place 7 of the Planning & Zoning Commission. -6- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 8. 1st 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 Colleyville and appointing Election Judges Mayor Hawkins opened the Public Hearing and read Ordinance 0-91-846 in its entirety. 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. Councilman Newton raised questions concerning sections of the Ordinance which address the "Council" and stated this should be clarified as to when this includes the Mayor. It was also requested by the Council that the City Attorney amend Section 11(a) to read as follows: The location, size, and current use of all property owned within the City by the Candidate, their spouse, and any dependent minor children. 9. 1st Reading and Public Hearing - Ordinance 0-91-847 - An Ordinance Amending the FY92 Budget Mayor Hawkins opened the Public Hearing and read Ordinance 0-91-847 in its entirety. 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. In answer to a question raised by Councilman Newton, Mr. Stripling stated the General Fund was being increased due to monies designated for the drainage study by Albert Halff being unspent during the 1990-91 Fiscal Year; therefore, being reappropriated for Fiscal Year 1991-92. Also, equipment ordered during the 1990- 91 Fiscal Year and delivered after September 30, 1991, must be paid from the 1991-92 Fiscal Year budget. Staff recommends the purchase be funded as follows: Reappropriation FY 91 Debt Service Budget Approved FY 92 utility Budget Budget Amendment FY 92 Debt Service Budget Budget Amendment FY 92 Utility Budget $ 50,000 30,000 6,500 26.500 $113,000 TOTAL FUNDING 10. Reading and Public Hearing - Resolution R-91-720 - Resolution Approving the Final Plat for Ashmore II, Case P-91-925 (3100 Block of Glade ROad) Mayor Hawkins opened the Public Hearing. Ms. Barbara Nuss, 4201 Pembrooke Parkway West, stated concerns about the drainage to the park property adjacent to Hollowbrook which comes through the spillway under Glade and into the park. She stated as much as $10,000 has been spent in one spring season to clean the park. Residents of Woodland Hills want improvements on the common land. Some residents are refusing to pay dues until some improvements are made. She also stated the residents believe it is the responsibility of the developer and the City to ensure not only good drainage, but also the Clean-up of debris that collects. Ms. Marie Powell, 3316 Glade Road, stated her concern regarding the property in question is that it is the piece of property that connects the concrete drainage canal from the northwest to the Hollowbrook Springs property. She stated the area is unsightly and that if a channel were to be dug it would speed the flow of water and that this possibility should be reviewed by an engineer to determine -5- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 12. Discussion and Consideration of Appointment of Zoning Board of Adjustment Members Councilperson Ahlers nominated Jim Moore to Place 4. nominations made and the vote was as follows: There were no other Moore: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Hawkins declared James Moore appointed to Place 4 of the Zoning Board of Adjustments. Councilperson Ahlers nominated Ron Troy to Place 5. nominations made and the vote was as follows: There were no other Troy: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Hawkins declared James Moore appointed to Place 5 of the Zoning Board of Adjustments. Councilperson Ahlers nominated Steve Symonds as Alternate #1. other nominations made and the vote was as follows: There were no Symonds: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Mayor Hawkins declared Steve Symonds appointed as Alternate #1 of the Zoning Board of Adjustments. 13. Discussion and Consideration of Commitment to have a drug free Colleyville by Eddy Parker Mr. Eddy Parker made a presentation to the Council stating the reasons he feels the wet/dry election to be held on December 7, 1991, should be voted against. and asked the Council to take a stand to vote against the sale of beer and wine in the City of Colleyville. Mayor Hawkins explained that it would be inappropriate to poll the Council in a public meeting asking whether they are for or against the sale of liquor. Mr. Parker asked if CONCERN, an organization against the sale of liquor, could have a public meeting in the Council Chambers of City Hall prior to the election. It was explained to Mr. Parker by Mayor Hawkins that the City does not want to take a public stand for or against this proposition; therefore, would not give permission for City Hall to be used for any public meeting regarding this issue. Mr. Doug Hewitt stated this is not a religious issue; therefore, should not be held in a church building, but in a building open to the public and large enough for the expected crowd. Mr. Jim Halff, 4012 Southwood East, stated he represented FACTS, an organization that is supporting the sale of liquor in Colleyville, and that their organization has no problem with CONCERN using the City Hall for their meeting. Mr. Dennis Carpenter, 3201 Queensbury Way, also representing FACTS, stated the proposed meeting would not be the two organizations together. Councilperson Ahlers stated she would like to see a policy regarding the use of City Hall for these type meetings on a future agenda for a policy decision by the Council. -7- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 REPORTS: 14. Reports of Advisory Boards and Commissions a. Minutes of Planning & Zoning Commission b. Minutes of Zoning Board of Adjustment c. Minutes of Parks and Recreation Board No action was taken on this item. STAFF REPORTS: 15. City Manager's Report 16. Monthly Budget Report No action was taken on this item. CITIZEN COMMENTS: 17. Citizen Comments/Presentation Regarding Items not on the Agenda Mr. James Moore stated he did not hear the Mayor read Resolution R-91-720 prior to action being taken on that item. Mayor Hawkins explained that the Resolution was unavailable at the time the item was discussed and read Resolution R-91-720 in its entirety at this time. ACTION RESOLUTION: 18. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of November 19, 1991 - Reading and Public Hearing - Resolution R-91-721 Mayor Hawkins opened the Public Hearing and read Resolution R-91-721 in its entirety. Mayor Hawkins asked if there was anyone in the audience wishing to speak concerning this Resolution. There being none, Mayor Hawkins closed the Public Hearing. Councilman McKain moved to approve Resolution R-91-721, ratifying Council Agenda Action for the Meeting of November 19, 1991. Ayes: Nays: Councilperson Ahlers, Newton, McKain, Feigel, and McKnight None Mayor Hawkins declared the motion carried. ADJOURNMENT : 19. Adjournment There being no further business before the City Council, Councilman McKain moved to adjourn. Councilperson Feigel seconded the motion. Ayes: Councilpersons Ahlers, Newton, McKain, Feigel, and McKnight Nays: None Mayor Hawkins declared the meeting adjourned at 11:03 p.m. -8- MINUTES OF CITY COUNCIL NOVEMBER 19, 1991 APPROVED THIS ~ DAY OF Daembt-r;Jqq I BY A VOTE OF L AYES, ...!2.- NAYS, AND ~ ABSTENTIONS. Minutes taken 7J=ed,Z/~ ~ Harris, CMC City Secretary NOTE: As a matter of public record, an audio recording of the above Council Meeting is ~vailable upon request. \minutes\cc1119 -9-