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Home My WebLink AboutCity Council-Minutes-10/1/1991 CITY COUNCIL MINUTES October 01, 1991 Page 1 The regular meeting of the city Council of the City of Colleyville was called to order by Mayor Chris Hawkins on October 1, 1991 at 6:45 P.M. ROLL CALL: Council person, Richard Newton, steve McKain, Cheryl Feigel, and Ed McKnight were present. Councilperson Linda Ahlers was absent. 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 Janet E. Hofstrom were also present. Councilperson Richard Newton gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance to the flag. Councilperson Newton moved to approve the minutes of September 17, 1991 as submitted. Councilperson McKain seconded the motion. The vote being: Ayes: Newton, McKain, Feigel, McKnight Noes: None 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 Powell Litigation paragraph f - Legal - Threat of Litigation - Mary E. Ogle paragraph g - Personnel - Consideration of Personnel by City Manager or City Council Mayor Chris 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 that there would be no decisions or action taken during this time. The meeting was recessed at 6:50 P.M. The meeting was reconvened at 8:00 P.M. 2. 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 Powell Litigation paragraph f Legal - Threat of Litigation - Mary E. Ogle paragraph g Personnel - Consideration of Personnel by City Manager or City Council Mayor Hawkins explained that there would be no action taken on these items. CORRESPONDENCE: Mayor Hawkins received a letter from the County Commissioner for street work which he will forward to the City Manager and Councilpersons which details street projects that the City may want the County to jointly participate in. Mayor Hawkins received a letter from Tarrant Appraisal District referencing appointments to the board and the City will be given approximately 15 votes out of several thousand votes. Mayor Hawkins received a letter from County Commissioners Court, Community Development Officer regarding information about a seminar pertaining to community development. The Mayor received a thank you letter from the Orthodox Church. They raised over $40,000 on their recent fund-raiser. MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: Councilperson Feigel attended the CONET Meeting held at City Hall on september 19, 1991 and she has submitted minutes from the previous meeting to each councilperson for their review. She also attended N.E. Chamber Services Substance Abuse Sub-committee and they have completed publication of a document that lists all of the services available for people who may need help relating to substance abuse. She has distributed copies within all churches in Colleyville and the Police Department and City Hall. ANNOUNCEMENTS, PROCLAMATION, PRESENTATION: There was nothing for this item. 3. Reading and Public Hearing - Resolution R-91- - Consent Items: a. Approval Combination Preliminary Plan and Final Plat, Case P-91-914, Brown Trail Commons West b. Approval Amended Plat for Ross Downs Phase III for the purpose of granting additional easements requested by T.U. Electric c. Award of Bid for Modular Office Building CITY COUNCIL MINUTES October 01, 1991 Page 2 Mayor Hawkins opened the Public Hearing and read Resolution R-91-714 in its entirety. There being no one present wishing to speak, the Public Hearing was closed. Councilperson McKain moved to approve R-91-714. Councilperson Feigel seconded the motion. The vote being: Ayes: Noes: Newton, McKain, Feigel, McKnight None 4. Ordinance 0-91-821 - TABLED AFTER THE 3RD READING - Prohibiting Wood Shingles This item remained TABLED. 5. Reading and Public Hearing Resolution R-91-70B Resolution Approving the Abandonment of Public Streets in The Hills of Central Park Mayor Hawkins opened the Public Hearing and read Resolution R-91-708 in its entirety. Those present wishing to speak were as follows: Robert Palmer, 4113 Buckingham Place acting as representative of the homeowners. There being no one else present wishing to speak, the Public Hearing was closed. Councilperson Newton questioned the signatures of the homeowners on the request. He also confirmed that City Staff and Officials can have access to the subdivision. City Attorney Ross Foster confirmed that City Staff and Officials can have access to the streets. Councilperson Newton also verified that the homeowners will have escrowed money for street maintenance. He said that he was opposed to privatization of the subdivision because of prospective road maintenance. Councilperson Feigel moved to approve R-91-708. Counci1person McKnight seconded the motion. The vote being: Ayes: Noes: Feigel, MCKnight, Mayor Hawkins Newton, McKain The Mayor stated he realized that there are pluses and minuses for private streets, however, they equal out and from the financial standpoint of the City, privatization may be a plus. A situation which would justify private streets, would be a subdivision that enters and exits totally on and off Cheek Sparger and at some time in the future, Cheek Sparger may become a different road than it is today. Councilperson Newton commented that tho ar~~meAt of the people wanting private streets was that the subdivision w&e had previously aqreed perceived to have been built to have gates at the entrance. aft& With this approval Councilperson Newton said that he is concerned about a an implied precedence being set. He said that the Council is BoiA~ has been very careful with all recent developments not to ~ createe that situation \1hateoover \lhish \le~lEi all6\: privatization of streets in recently approved subdivisions. Councilperson McKnight requested that the records reflect that he agrees with Councilperson Newton 100% and had it not been for the fact that somebody went ahead and welded hinges on the entrance gates, he would have voted differently. He said that the homeowners had been mislead, misguided, and misinformed. He will not support privatization of streets in general, and each case needs to be looked at individually. Councilperson McKain said that he would hate to see the City get into a position where entire sections of our town were shut off from the citizenry. 6. Discussion and Consideration of Mayor's veto of Resolution R-91-706 - Resolution Approving the Final Plat for Hollowbrook, Case P-91-901. (3200 block of Glade Road) Mayor Hawkins read his letter dated September 23, 1991 which stated his objection to approving the Hollowbrook final plat. Councilperson Newton moved to delay the action until all of the Council were present. Councilperson McKain seconded the motion. The vote being: Ayes: Newton, McKain Noes: Feigel, McKnight, Mayor Hawkins CITY COUNCIL MINUTES October 01, 1991 Page 3 --- Mayor Hawkins opened the Public Hearing. Those present wishing to speak were: Miles Fairris, LTD Industries, Grand Prairie; Chuck Walton, 6320 Westcoat; Marie Powell, 3316 Glade Road; Charles Foster, 5105 Montclair; David Aanderud, 3301 Hungtinton Dr.; Jim Bruchas, 3200 st. Albans; David Washington, 500 Grapevine Hwy., Hurst; Suzie Grundy, 209 Timberline St. N.. There being no one else present wishing to speak, the Public Hearing was closed. Councilperson Newton said that he is clearly concerned about drainage within the City, aaQ that there is a need to understand the issues and problems. He said and that he has concerns for flooding both within the Hollowbrook subdivision and concerns for flooding outside of the Hollowbrook tract. Councilperson Newton stated that he feels that this tract will not adversely affect downstream drainage. The Council needs to use an objective process in making decisions and must at some point rely on professional input on the issue. A le~ ef ~iMC has BccR speR~ BY s~Haies. He said that there has BeoR ~ a tremendous amount of discussion and delavs at zoning because of the drainaqe issues, especiall since the tract ~ being a PUD ZoaiRljJ which requires Mere \lerlt aRa s~Hay ~haR a reljJl:ilar BeaiRljJ shaRljJo aRe a site plan as part of zoninq. Two seperate studies were commissioned by the City to investiqate the issues. Councilperson Newton pointed out that he was the only el:i~s~aRaiRljJ nay vote at zoninq because of drainaqe concerns. He went ahead and voted for the preliminary plan because the PUD zoning had already been approved and the BORiRljJ Recaea ~O mee~ met prelimiRary plaR reEi\iircmeR~s reQUirements approved by the PUD Zoninq. Councilperson Newton said that he has not heard any new issues. Thc preeess ef plat appreval is i~er~aR~ aRa he has eeRfiaoRec iR eRljJiRccriRg stl:iaics. lIc far~hor s~a~oa ~hat at SOMe pBiR~ the CeHRsil Reeas ~o rely OR the BtaaicB aRa BaRRot al\lays iljJROre them. Construction drawings have been approved by the City staff and he has not heard of any ~ effect &E on downstream flooding this development would cause by any of the consulting engineer~ hired by the city or from any of the enqineerinq studies which have been done. Councilperson McKain said that valid criteria in how the design handles the water that is generated upstream and water that is anticipated upstream has been presented to the Council. He said that is why the City has had engineering studies for the plat and the studies were backed up by staff and an additional consultant was brought in to review the studies. Councilperson McKain said that the issues have been addressed in a very responsible fashion over fifteen months. He further stated that if the Council is setting a precedence by wanting this property to remain undeveloped until all upstream drainage is known, he is concerned how as a City we move on. If that logic is applied to all future development, it will leave the City in an unusual predicament. Hollowbrook is attempting to handle the water on-site and a good deal of water coming in off-site. Councilperson McKnight stated that he is proud of the city and proud of the engineers involved in the prior planning of the subdivisions within the city. He felt that if there was any particular problem, it was a matter of bad luck at a particular time. Councilperson McKnight said that in the past, planning occurred with the amount of information available for each individual case. He further stated that he has a gut feeling on this case and he is not trying to justify anything and he certainly respects Councilpersons McKain's and Newton's positions on this case. Councilperson Feigel made a comment about the confusion regarding whether the subdivision would detain or retain water. She said that she clarified that issue with the City Manager and in fact the subdivision is not going to detain water. The water would only go into and come out of the subdivision. Councilperson Feigel said that at one point the developer had stated his intent to work with David Bagwell in extending the lake into Ashmore. Even though this would not serve as a detention pond, it would increase the capacity of the lake somewhat. She said that this has not happened. Councilperson Feigel said that they ~ se~ a aaRljJereas prceeaeRec BY leoltiRljJ at thc iRfermatioR a aC7clopcr has proviaca to thc City iR terMS of staaiee aRa the City speRaiRljJ larljJe SHMS of mORcy for e~Haice aRa the City Reeae to Be ....cry earcfHl iR Rot allo\liRljJ the ameuRt af MeRCY speRt By a ac-;cleper affest the CeaReil's aecisioR they sould be careful not to set a precedent of allowinq the scpenses incurred by developers in providinq studies to influence our decisions. She said that she has been concerned about the drainage within the whole drainage basin for quite some time and the Council should have a comprehensive drainage study in front of them in order for them to not plan something that cannot be undone and that study is not that far away. CITY COUNCIL MINUTES October 01, 1991 Page 4 Counci1person Feigel moved to override Mayor Hawkins veto of Resolution R-91-706 and approve the final plat of Hollowbrook. Councilperson McKnight seconded the motion. The vote being: Ayes: Newton, McKain Noes: Feigel, lleKaiB McKniqht 7. Discussion and Consideration of request by Jerry Norton to speak to the Council in regard to a building permit for construction of a swimming pool on property currently being platted. No one was present to represent this item. No action was taken on this item. 8. Discussion and Consideration of reconsideration of Preliminary Plan of Highland Meadows Phase V, P-91-909 by Terry Sandlin, President, TLS Homes, Inc. TABLED This item was not removed from the TABLE. 9. Discussion and Consideration of possible changes to the Zoning Ordinance. There was no action taken on this item. 10. Discussion and Consideration of holding a Public Hearing for the Substandard Structure located at 1509 Tinker Road. Councilperson McKain moved to set November 05, 1991 for a Public Hearing. Councilperson Feigel seconded the motion the vote being: Ayes: Noes: Newton, McKain, Feigel, McKnight None 11. Discussion and Consideration of recommendation from Sign Board of Appeal for variance request from Bowden's Guaranteed Hydromulch, Case SV-91-006. Councilperson McKain moved to accept the recommendation from the Sign Board of Appeal for approval of the first request and denial of the second request from Bowden's Guaranteed Hydromulch. Councilperson Feigel seconded the motion. The vote being: Ayes: Newton, McKain, Feigel, MCKnight Noes: None 12. Reports of Advisory Boards and Commissions a. Minutes of Planning and Zoning Commission b. Minutes of Zoning Board of Adjustment c. Minutes of Sign Board of Appeals There was no action taken on this item. 13. City Manager's Report There was no action taken on this item. 14. Citizen Comments/Presentation Regarding Items not on the Agenda There was no one present wishing to speak on this item. 15. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of October 01, 1991 - Reading and Public Hearing - Resolution R-91-715 Mayor Hawkins opened the Public Hearing and read Resolution R-91-715 in its entirety. There being no one present wishing to speak, the Public Hearing was closed. Councilperson Newton moved to approve Resolution R-91-715. Councilperson Feigel seconded the motion. The vote being: Ayes: Noes: Newton, McKain, Feigel, McKnight None CITY COUNCIL MINUTES October 01, 1991 Page 5 16. Adjournment Counci1person McKain moved to adjourn the meeting at 10:00 P.M. Councilperson McKnight seconded the motion. The vote being: Ayes: Newton, McKain, Mayor Hawkins Noes: Feigel, McKnight Respectfully Submitted, ~f~~ ~ts:~r:~ary Approved on: lOllS !t:J1 (J..o ~.(<<. fJ~ 1//~119/ d'I- NOTE: As a matter of public record, an audio recording of the above Council meeting is available upon request. jh/minutes/cc1001