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HomeMy WebLinkAboutCity Council-Minutes-6/4/1991 CITY COUNCIL MINUTES JUNE 4, 1991 Page 1 ~rl-f I Jut The regular meeting of the City Council of the City of colleyville was called to order by Mayor Chris Hawkins on June 4, 1991 at 6:31 p.m. Roll Call: Councilperson Linda Ahlers, Richard Newton, Steve McKain, Cheryl Feigel, and Ed McKnight were present. Mayor Chris Hawkins, City Manager Bob Stripling, Assistant City Manager Dave Draz, City Attorney Ross Foster, and City Secretary LaVada Johnson were present. INVOCATION: Mayor ProTem McKnight 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 May 6, 1991 and May 21, 1991 as amended. COuncilperson Feigel seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 1. EXECUTIVE SESSION - In accordance with Article 6252-17 See 2 paragraph f - Legal - Potential Litigation - School Site Special Use Permit Mayor Chris Hawkins explained that the executive session had been called in accordance with Article 6252-17 paragraph f - Legal - Potential Litigation - School Site special Use Permit and that there would be no decisions or action taken during this time. The meeting was recessed at 6:40 p.m. The meeting was reconvened at 7:46 p.m. 2. possible Action from Executive Session - In accordance with Article 6252-17 See 2 paragraph f - Legal - Potential Litigation - School Site Special Use Permit There was no action taken during Executive Session. CORRESPONDENCE: MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: ANNOUNCEMENTS, PROCLAMATION, PRESENTATIONS: 3. Reading and Public Hearing - Resolution R-91-685 - Consent Items: a. Approval of the Developer Agreement for Glade Points Shopping Center, Phase I b. Approval of the Replat of Pleasant Oaks Estates, Lot AlP, Block 2, Case P-9l- 893 at the request of Duane Beebe, 509 Beverly Drive Mayor Hawkins opened the public hearing and read Resolution R-91-685 in its entirety. There being no one present to speak the public hearing was closed. Mayor ProTem McKnight requested that item a) be removed for consent agenda for discussion. Mayor ProTem McKnight questioned the status of the development schedule of Phase I and Phase II. Milt McDonald, Project Director, Bradford Companies, was present to answer questions and provide information to the Council. Mr. McDonald stated that Phase I includes the Albertson' s store and Phase II currently consists of 13 acres. Councilperson Newton questioned the following: 1) the $2,500 to be escrowed for landscaping of north side and requested that the five (5) year time frame be extended to twenty-five (25) years; 2) and questioned the owner' s responsibility to maintain retention pond; 3) questioned construction of street; and 4) stated that, for the record, the letter from Euless be entered into the record, stating that the drainage system will need to be adequately sized to carry the unimpeded runoff of the 100 year frequency storm. CITY COUNCIL MINUTES JUNE 4, 1991 Page 2 councilperson Newton moved to approve Resolution R-91-685. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None PUBLIC HEARINGS: 4. 3rd Reading and Public Hearing - Ordinance 0-90-803 - An Ordinance Amending the Zoning Ordinance at the request of Norwood National Corp., Case Z-90-855. zoning Change Request from AG to R-20, 56.282 acre tract out of the S. Cotrial Survey, Abstract 328, S.C.H. Survey, Abstract 1619, and the Griffith Estates, Lot, Block 1 (Located off the north end of Montclair Road) - Montclair Estates TABLED AFTER THE 3RD READING This item remained TABLED. 5. 3rd Reading and Public Hearing - Ordinance 0-91-816 - An Ordinance Amending the Zoning Ordinance at the request of M.T. Properties, Inc., Case Z-91-881. Zoning Change Request from AG to R-20, 24.906 acre tract - Kingswood Estates, 5400 block of Bluebonnet Drive - TABLED AFTER THE 3RD READING councilperson Newton moved to remove Ordinance 0-91-816 from the TABLE. COuncilperson McKain seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None councilperson Newton requested that the developer explain future drainage issues from the additional six (6) acres. Terry Sandlin, 4402 Eaton Circle, Colleyville, told the Council that he was submittinq an additional six acres for zoninq to 'Provide another entrance into the subdivision. Douq Lonq, Enqineer, 'Provided additional information to the Citv COuncil. Council'Person Newton said that the develo'Per should include the additional six acres in the drainaqe studv. Councilperson McKain questioned the drainage impact on the Bluebonnet side. Councilperson Newton moved to TABLE Ordinance 0-91-816. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 6. 3rd Reading and Public Hearing - Ordinance 0-91-821 - Prohibiting Wood Shingles - TABLED AFTER THE 3RD READING Counci1person McKain moved to remove Ordinance 0-91-821 from the TABLE. counci1person Ah1ers seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None Councilperson McKain presented information to the Council concerning wood shingles. Councilperson McKain proposed two options: 1) for all new construction and for 2) existing construction and existing subdivisions with wood being left as an option with additional precautions which would allow more cautions to address the safety concept of wood shingles. Councilperson McKain reviewed the three types of wood shingles. Councilperson Feigel stated that although the work session held was effective, the City Council should hold another work session to discuss enforcement due to the complexity of this issue. Councilperson Newton requested that representatives from the homeowner's associations and builders be in attendance at the meeting. CITY COUNCIL MINUTES JUNE 4, 1991 Page 3 Councilperson Feigel moved to TABLE Ordinance 0-91-821. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 7. 3rd Reading and Public Hearing - Ordinance 0-91-824 - An Ordinance Establishing a Franchise with Laidlaw Wastesystem, Inc. (Sunbelt) for the purpose of Recycling Materials within the City of Col1eyville Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-824. AN ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION AND DISPOSAL OF ALL RESIDENTIAL RECYCLABLE MATERIALS WITHIN THE CITY OF COLLEYVILLE AND ESTABLISHING THE TERMS AND CONDITIONS OF SAID FRANCHISE. Those present wishing to speak were Doug Blemings, 6000 Colts Neck Drive, stating opponent, Mary Schreder, 4184 Shady Lane, proponent, Buck Hubbard, 413 W. L.D. Lockett, providing information to the City Council, and Barbara Redding, 909 Glade Road, expressing a desire to have pick-up once a week. Mayor ProTem McKnight stated that as citizens of the City it is our duty and responsibility to recycle. Councilperson Newton addressed the minimal cost of the mandatory fee. COuncilperson McKain moved to approve Ordinance 0-91-824. councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 8. 3rd Reading and Public Hearing - Ordinance 0-91-825 - An Ordinance Amending Ordinance 0-90-771 - Franchise Agreement with city Garbage Service and the City of Colleyville Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-825. AN ORDINANCE AMENDING AND MODIFYING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND CITY GARBAGE SERVICES, INC., WITHIN THE CITY OF COLLEYVILLE PROVIDING FOR THE DISPOSAL AND COLLECTION OF RECYCLABLE MATERIALS There being no one present wishing to speak the public hearing was closed. Councilperson Newton moved to approve Ordinance 0-91-825. COuncilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 9. 3rd Reading and Public Hearing - Ordinance 0-91-823 - An Ordinance Establishing a Park Land Dedication Ordinance Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-823. AN ORDINANCE AMENDING SECTION 9 OF THE COLLEYVILLE CODE BY ADDING THERETO A PROVISION REQUIRING THE DEDICATIONS OF PARK LAND OR PAYMENTS IN LIEU THEREOF, ESTABLISHING DEFINITIONS, STATING INTENT, REQUIRING DEDICATION, ESTABLISHING STANDARDS FOR DEDICATION, PROVIDING PROCEDURES FOR DEDICATION AND ACCEPTANCE OF PARK PROPERTY, ESTABLISHING A FEE IN LIEU OF DEDICATION, PROVIDING FOR THE COLLECTION AND USE OF FEES, ESTABLISHING A PROCEDURE FOR REFUND, ADOPTING THE PARKS AND RECREATION MASTER PLAN, ESTABLISHING THE PARK LAND DEDICATION COMMITTEE, RENUMBERING SECTION 12: "DRAINAGE POLICY" OF THE CODE, PROVIDING FOR SEVERABILITY. There being no one present wishing to speak the public hearing was closed. Councilperson McKain questioned the set fee amount rather than an adjustment of the fee every two (2) years. City Manager Stripling provided information to the City Council. Councilperson Newton questioned the expenditure of funds. City Attorney provided additional information to the City Council. CITY COUNCIL MINUTES JUNE 4, 1991 Page 4 Councilperson McKain moved to approve Ordinance 0-91-823 with the following amendments: Section e (4) (b) -(bottom of paqe 6): (b) Expenditures of fees in lieu of dedication shall be made onlv for one or more of the followinq 'Purposes: 1) The acquisition or improvement of park sites or other sits which are availble for park purposes whose service areas includes a portion of the subdivision in which the fees in lieu of dedication were collected. 2) The retirement of bonds. certificates of obliqation. or other indebtedness of the Citv. the proceeds from which were utilized to acquire or improve park sites or other sites which are available for park purposes whose service areas includes a portion of the subdivision in which the fees in lieu of dedication were collected:. COuncilperson Feigel seconded the motion. The vote being: Ayes: Ah1ers, Newton, McKain, Feigel, McKnight Noes: None 10. 3rd Reading and Public Hearing - Ordinance 0-91-817 - An Ordinance Amending the Zoning Ordinance at the request of Marvin Siegel, Case Z-91-886, Zoning Change Request from R-40 to R-20, 2.1998 acre Tract of the Ketner Addition Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-817. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2 KETNER ADDITION (2.1998 ACRES) TO THE CITY OF COLLEYVILLE, TEXAS FROM r-40 TO r-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were Richard Batts, stating opposition. Councilperson Newton stated that upon review of this area drainage is not an issue in this particular situation. Councilperson Newton stated concern with the existing larger tracts being located close to the oro'Posed smaller tracts. Mayor ProTem McKnight stated opposition to down zoning of this particular site. COuncilperson McKain moved to deny Ordinance 0-91-817. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 11. 2nd Reading and Public Hearing - Ordinance 0-91-827 - An Ordinance Amending the zoning at the request of David Bagwell Co., Case Z-90-835. zoning Change Request from ML to PUD-R, 43.300 acre tract, north of Ross Downs Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-827. There being no one present wishing to speak the public hearing was closed. councilperson McKain questioned the open space contribution. David Bagwell provided information to the City Council. Counciloerson Newton said that this subdivision should com'Plv with the densitv and lot sizes under the Citv's existinq ordinance. Mr. Baqwel1 said that he would develo'P a site 'Plan that com'Plied with the ordinance. Council'Person Newton eX'Pressed concerns over access to Hiqhwav 26 and said that he thouqht the access should be mandatorv. 12. Reading and Public Hearing - Resolution R-91-686 - Resolution Calling a $13.5 million Bond Election for Street, Drainage, Park and Community Facilities to be held on August 10, 1991 Mayor Hawkins opened the public hearing and read Resolution R-91-686 in its entirety. Those present wishing to speak were Jim Moore, 1416 Glade Road, requesting that the bond election be postponed until the water lines and drainage are installed. Councilperson Newton moved to approve Resolution R-91-686 and accept the recommendation of the Bond Issue Steering Committee as modified by the June 3, 1991 report. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None ACTION ITEMS: CITY COUNCIL MINUTES JUNE 4, 1991 Page 5 13. Discussion and COnsideration of Request from Mike Sandlin to appeal the recommendation of Planning & Zoning to deny the zoning request of Z-91-842 of ML to PUD-R, (Wyatt Tract) Terry Sandlin, 4402 Eaton Circle, withdrew the request to appeal the recommendation of the Planning and Zoning Commission to deny the zoning request of Z-91-842 of ML to PUD-R. 16. Discussion and COnsideration of Request by the "Hills of Central Park" Homeowner's Association to abandon and vacate the public streets within their subdivision Those present wishing to speak were Robert J. Palmer, 4113 Buckingham Place, Tom Downey, 2504 Kensington Place, Dr. Dan Wadde1" 4103 Buckingham Place, David Hagen, 4001 Buckingham Place, Chris Moskal, 4105 Buckingham Place, Bruce Parker, 4003 Buckingham Place and Stephen Heiling, 3901 Buckingham Place. councilperson Feigel questioned the construction of the guardhouse. Mayor ProTem McKnight stated that the guardhouse was built specifica1lv as a monitorinq house as 'Per Planninq and Zoninq instructions. Councilperson McKain questioned the signature of twelve (12) lots with one name. David Hagen, 4001 Buckingham Place, provided information to the City Council. Councilperson Newton stated that he voted against the private streets in Thornbury and stated opposition to the private streets within this subdivision. Councilperson Feigel stated that the guard house implied that private streets would be in place at some time in the future and stated that the homeowner's have answered the fire safety issues. Councilperson Ahlers stated that in the past she has voted for the gates in Woodland Hills and Thornbury and requested an agreement to make the streets private. This item will be placed on the next City Council agenda. 15. Discussion and Consideration of Sign Variance recommended by Sign Board of Appeals for Brown Chiropractic Center Gary Weitz, 7320 Retta, Mansfield Road, Mansfield, was present representing Brown Chiropractic Center. Councilperson Newton stated that the Council needs to uphold the action of the Sign Board of Appeals. The Sian Board of Appeals qranted the variance based on the sti'Pulation that the 'Pro'Pertv owners write a letter certifvinq that they would allow no additional siqns to be 'Put U'P. Since the owner refused to write such a letter. the Council should denv the request and send it back to the Siqn Board of A'P'Peals. Councilperson McKain moved to send the request for a sign variance back to the Sign Board of Appeals. Councilperson Newton seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 14. Discussion and Consideration of Sign variance recommended by Sign Board of Appeals for Skaggs Alpha Beta/Jewell Osco Councilperson McKain moved to approve SV-91-002 as approved by the Sign Board of Appeals. Councilperson Newton seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 17. Discussion and Consideration of Establishing a lot drainage and inspection permit process Mayor ProTem McKnight moved to accept staff's recommendation to 1) authorize the City Manager to prepare an ordinance to establish a lot grading inspection fee of $125 per dwelling unit; and 2) authorize the City Manager to prepare an amendment to the FY 1991 Budget to provide for the hiring of an additional Engineer to implement the inspection program. Councilperson Feigel seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None REPORTS: CITY COUNCIL MINUTES JUNE 4, 1991 Page 6 l8. Reports of Advisory Boards and Commissions a. Minutes of Planning and Zoning Commission b. Minutes of Zoning Board of Adjustment c. Minutes of Park Board STAFF REPORTS: 19. city Manager's Report CITIZEN COMMENTS: 20. Citizen comments/Presentation Regarding Items not on the Agenda ACTION RESOLUTION: 21. Discussion and COnsideration of a Resolution Ratifying Council Agenda Action for the Meeting of May 21, 1991 - Reading and Public Hearing - Resolution R-91-687 Mayor Hawkins opened the public hearing and read Resolution R-91-687 in its entirety. There being no one present to speak the public hearing was closed. Councilperson Newton moved to approve Resolution R-91-687. Councilperson Feigel seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None ADJOURNMENT 22. Adjournment Councilperson McKain moved to adjourn the meeting at 11:42 a.m. Councilperson seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None Re~r~ctiul~y s~~~~t ~~I/J: l . .., .--~U~' aVada Johnson . City Secretary dMcW /6<J u/lctN:itc() Approved on: Note: As a mat er of available upon an audio recording of the above Council meeting is