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HomeMy WebLinkAboutCity Council-Minutes-5/7/1991 CITY COUNCIL MINUTES MAY 7, 1991 Page 1 ~~-91 :J);j The regular meeting of the city Council of the City of Colleyville was called to order by Mayor Chris Hawkins on May 7, 1991 at 6:19 p.m. Roll Call: councilperson Linda Ahlers, Richard Newton, steve McKain, and Cheryl Feigel were present. (Mayor ProTem Ed McKnight arrived later). Mayor Chris Hawkins, City Manager Bob stripling, Assistant City Manager Dave Draz, City Engineer Mike Jones, Finance Director Terry Leake, and Administrative Assistant Dianne Mcwethy, City Attorney Ross Foster, and City Secretary LaVada Johnson were also present. INVOCATION: Councilperson Feigel gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance to the flag. councilperson McKain moved to approve the minutes of April 16, 1991 as amended. Councilperson Newton seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 1. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Land Acquisition - Pool Road - Right-of-Way paragraph e Land Acquisition - Mill valley Drive - Right-of-Way paragraph f Legal - Litigation - Discussion of Powell Litigation paragraph f Legal - Potential Litigation - B&W Cabinets paragraph f Legal - potential Litigation - School Site Special Use Permit paragraph f Legal - Potential Litigation - West Glade Road Mayor Chris Hawkins explained that the executive session had been called in accordance with Article 6252-17 paragraph e - Land Acquisition - Pool Road - Right-of-Way, paragraph e _ Land Acquisition - Mill Valley Drive - Right-of-way, paragraph f - Legal - Litigation _ Discussion of powell Litigation, paragraph f - Legal - Potential Litigation - B&W Cabinets, paragraph f - Legal - potential Litigation - School site Special Use Permit, paragraph f _ Legal - Potential Litigation - West Glade Road. The meeting was recessed at 6:24 p.m. and that there would be no decisions or action taken during this time. The meeting was reconvened at 7: 31 p.m. 2. possible Action from Executive Session - In accordance with Article 6252-17 See 2 paragraph e - Land Acquisition - Pool Road - Right-of-Way paragraph f - Legal - Litigation - Discussion of powell Litigation paragraph f - Legal - potential Litigation - B&W Cabinets paragraph f - Legal - potential Litigation - School Site special Use Permit paragraph f - Legal - potential Litigation - West Glade Road There was no action taken during Executive Session. CORRESPONDENCE: MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: ANNOUNCEMENTS, PROCLAMATION, PRESENTATIONS: Ed Baker presented correspondence from Lt. Colonel Gregory T. Gonyea of the 416 TFS and a picture of the 416 TFS "Ghostriders" to the City Council for display in City Hall. The City Council moved to agenda item # 16. 16. Swear in Mayor-elect, Councilperson-election Place 1 and Councilperson-elect Place 2 Mayor Hawkins swore in councilperson-elect Linda Ahlers, Place 1 and Councilperson-elect, Place 2 Richard Newton. City Attorney Ross Foster swore in Mayor-elect Chris Hawkins. CITY COUNCIL MINUTES MAY 7, 1991 Page 2 17. Discussion and Consideration of the Election of Mayor Pro Tem Councilperson Ahlers moved to elect Ed McKnight as Mayor ProTem. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel Noes: None The City Council moved to agenda item #17. 9. 3rd Reading and Public Hearing - Ordinance 0-91-814 - An Ordinance Amending the zoning Ordinance at the request of Grapevine-Colleyville Independent School District, Case S-91-33. zoning Change Request from CC to special Use Permit, T.J. polson Survey, Abstract 1248, (Located on Glade Road and Bransford Road) Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-814. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND GRANTING A SPECIAL USE PERMIT TO BUILD AN ELEMENTARY SCHOOL IN CC ZONING, T.J. POLSON SURVEY, ABSTRACT 1248, A PORTION OF TRACTS lA, 1A4, AND 1A6, AND TRACTS 1C AND 1A5 (10.00 ACRES) TO THE CITY OF COLLEYVILLE, TEXAS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were OPPONENTS: Joan Quinn, 6817 Pleasant Run, Gary Edwards, 220 W. Glade Road, Jean Marie Sonado, 4104 Briar Ridge, Ed Moore, 124 Timberline North, Ed Havren, 303 Oakcrest Hill Drive, Cheryl Livingston, 501 Green Meadow North, colleyville. PROPONENTS: Roy Stewart, 309 Drexel, Grapevine, Lynn Rossi Scott, Attorney, for G-CISD, and Jim Hoff, Saddlebrook. Claudia Cimma McKenny requested that the G-CISD School Board honor the City council's request for a meeting to seek resolution of this issue rather than facing it through litigation. There being no one present wishing to speak the public hearing was closed. correspondence from Larry Oliver, Mary Lou Brieger, Thomas Lisle and Ed Havren concerning this issue were submitted, for the record. For the record, Councilperson Newton submitted a document entitled, "Scorecard for Selection of School sites." Councilperson Newton moved to disapprove Ordinance 0-91-814. seconded the motion. The vote being: councilperson McKain Ayes: Ahlers, Newton, McKain, Feigel Noes: None CONSENT: 3. Reading and Public Hearing - Resolution R-91-679 - Consent Items: a. Approval of Interlocal Agreement with NCTCOG for bulk purchases b. Approval of Funding for Right-of-Way for Mill valley Drive (old Steward Road) c. Approval of Funding for Right-of-Way Purchase from Bedford Christian Church on Pool Road d. Approval of Amended AARP Agreement Councilperson McKain moved to approve Resolution R-91-679. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel 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, CITY COUNCIL MINUTES MAY 7, 1991 Page 3 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 agenda item remained TABLED. 5. 3rd Reading and Public Hearing - Ordinance 0-90-805 - An Ordinance Amending the Zoning Ordinance at the request of David Bagwell Co., Case Z-90-870 - zoning Change from R-20, PUD-R to R-20, PUD-R, 10.379 acre tract out the C.C. Doss Survey Abstract 439, (LOcation - Glade Road and across from Woodland Hills next to Hollowbrook Springs) - Ashmore II - TABLED AFTER THE 3RD READING This item was postponed until later on the agenda. 6. 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 McKain moved to removed Ordinance 0-91-816 from the TABLE. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel Noe s : None Councilperson McKain questioned the staff concerning the drainage issues concerning this site. Councilperson Newton questioned Mike Sandlin concerning the deed restrictions. Mike Sandlin, 5137 Davis Boulevard, stated that the deed restrictions would be similar to Hidden Oaks Estate. Terry Sandlin explained the proposed retention system and presented and explained two drainage exhibits to the city Council. Mr. Sandlin requested that the i Council take action on this item at the first Council meeting in June. councilperson Newton moved to TABLE Ordinance 0-91-816. Councilperson Feigel seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel Noes: None 7. 3rd Reading and Public Hearing - Ordinance 0-91-811 - An Ordinance Regulating Contractors Working in Public Right-of-Way - TABLED AFTER THE 3RD READING Councilperson Newton moved to remove Ordinance 0-91-811 from the TABLE. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel Noe s : None Councilperson McKain moved to approve Ordinance 0-91-811 as amended. COuncilperson Feigel seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel Noes: None 8. 3rd Reading and Public Hearing - Ordinance 0-91-821 - Prohibiting Wood Shingles - TABLED AFTER THE 3RD READING This agenda item will remained TABLED pending a work session. 10. 2nd Reading and Public Hearing - Ordinance 0-91-822 - An Ordinance Amending Ordinance 0-90-770 - Franchise for Garbage Service and Establishment of the Disposal and Collection of Recycling Materials within the City of Colleyville Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-822. CITY COUNCIL MINUTES MAY 7, 1991 Page 4 There being no one present wishing to speak the public hearing was closed. 11. 1st 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 Colleyville Mayor Hawkins opened the public hearing and read Ordinance 0-91-824 in its entirety. Those present wishing to speak were Leonard Loria, 4029 Diamond Loch Drive, requesting to start the program later than July 1, 1991. The city Manager recommended that if the vendor cannot start the program on July 1st, staff contact another vendor. 12. 1st 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 Ordinance 0-91-825 in its entirety. Those present wishing to speak were Barbara Redding, 909 Glade Road, Jim Hoff, 4012 Southwood East and Gary Edwards, 220 West Glade, stating opposition. There being no one else present wishing to speak the Public Hearing was closed. 13. 1st Reading and Public Hearing - Ordinance 0-91-823 - An Ordinance Establishing a Park Land Dedication Ordinance Mayor Hawkins opened the public hearing and read Ordinance 0-91-823 in its entirety. There being no one present the public hearing was closed. The Council moved to agenda item #22. 22. Discussion and Consideration of Request by Jackie Price for the City of Colleyville to participate in Graduation Celebration 1991 Sonny James, 305 Kimball, Grapevine explained the request for endorsement to the City Council. councilperson Newton moved to approve Councilperson McKain seconded the motion. $1,000 for the Graduation The vote being: Celebration 1991. Ayes: Ahlers, Newton, McKain, Feigel Noes: None 14. 1st 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 Ordinance 0-91-817 in its entirety. Those present wishing to speak were Opponents: Richard Batte, 4601 Warwick Drive and Bob Hudiburg, 1801 Cheek Sparger Road. Marvin Siegel was present to provide information to the City Council. There being no one else present wishing to speak the Public Hearing was closed. Mayor ProTem McKnight arrived at the meeting at 9:45 p.m. 20. Discussion and Consideration of Library Study Committee Report Jane McKain, Chair of the Library Study Committee Report presented an overview of the report to the City Council and thanked Dianne McWethy, Administrative Assistant for all her excellent work with the Committee. Councilperson Newton thanked the committee for their work and for the detailed report given to the Council. 15. Public Hearing on Request to Move Structure into Colleyville to 5011 Bluebonnet by Bob and Dotty Salter Mayor Hawkins opened the Public Hearing. There being no one present wishing to speak the CITY COUNCIL MINUTES MAY 7, 1991 Page 5 Public Hearing was closed. Councilperson Ahlers moved to approve the request to move structure into Colleyville to 5011 Bluebonnet Drive by Bob and Dotty Salter. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None ACTION ITEMS: 18. Discussion and Consideration of Fund Disposition Agreement with Colleyville Community Center and Library Association, Inc. Barbara Brown was present to answer questions of the City Council. Councilperson Newton questioned the disposition of monies. Councilperson Ahlers moved to approve the Fund Disposition Agreement with the Colleyville Community Center and Library Association, Inc.. counci1person Newton seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None The City Council returned to agenda item #5. 5. 3rd Reading and Public Hearing - Ordinance 0-90-805 - An Ordinance Amending the Zoning Ordinance at the request of David Bagwell Co., Case Z-90-870 - Zoning Change from R-20, PUD-R to R-20, PUD-R, 10.379 acre tract out the C.C. Doss Survey Abstract 439, (Location - Glade Road and across from Woodland Hills next to Hollowbrook springs) - Ashmore II - TABLED AFTER THE 3RD READING Councilperson Ahlers moved Newton seconded the motion. to remove Ordinance 0-90-805 from the TABLE. The vote being: COuncilperson Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None David Bagwell reviewed sections q) and r) of page 3. Councilperson Newton questioned page 1, section 1.6 item a) except children' s playhouses. .. concerning no temporary structures. David Bagwell proposed recommended changes. Councilperson Newton questioned the City Attorney whether these deed restrictions could refer to all phases of Ashmore and if so, what process will be required is one of the phases is a PUD. David Bagwell stated that none of the phases of Ashmore were a PUD. Councilperson McKain moved to approve Ordinance 0-90-805 with amended deed restrictions. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 19. Discussion and Consideration of Re-engagement of Deloitte & Touche for FY 91 Audit Councilperson McKain moved to re-engage the services of Deloitte & Touche for FY 91 Audit as recommended by staff. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None CITY COUNCIL MINUTES MAY 7, 1991 Page 7 Councilperson Feigel questioned whether the Webb House is included in the proposed study. Councilperson Newton asked whether the study would include a build-out plan plus temporary measures until fully developed. Councilperson Feigel requested that the soccer fields be constructed immediately. Councilperson McKain moved to approve the Parks and Recreation Board's recommendation to secure the services of Schrickel, Rollins & Associates, Inc., to develop a Master Plan for a twenty-two (22) acre park site for an amount not to exceed $8,400 with monies from the Volunteer Park Fund. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 28. Discussion and Consideration of Developer Agreement with First Baptist Church Councilperson McKain moved to approve the developer agreement with First Baptist Church. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None Gary Perkins, Teague, Nall and Perkins, questioned the rebate of 400 feet of the water line if the land is developed. City staff will review the existing ordinance and propose amendments to the City Council to allow developers to recover their portion of the utility line cost through future connection fees. 29. Discussion and Consideration of Cheek Sparger Road Renee Lawrance spoke to the City Council in favor of the City of Bedford's proposal for a sixty-one (61) feet cross-section. REPORTS: 30. 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: 31. City Manager's Report CITIZEN COMMENTS: 32. Citizen Comments/Presentation Regarding Items not on the Agenda 33. Miscellaneous Items by the Council Councilperson McKain requested that future City Council packets only contain new information for Council's review. ACTION RESOLUTION: 34. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of May 7, 1991 - Reading and Public Hearing - Resolution R-91-680 Councilperson McKain moved to approve Resolution R-91-680. Councilperson Ahlers seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None CITY COUNCIL MINUTES MAY 7, 1991 Page 6 21. Discussion and Consideration of Request from Mike Sandlin to appeal the decision of P&Z to deny zoning request Z-91-842 of ML to PUD-R, Wyatt Tract Councilperson Newton asked the applicant why the City Council should hear the request. Mike Sandlin provided an explanation to the City Council. Mayor ProTem McKnight moved to hear the appeal of the P & Z decision to deny zoning request Z-91-842 of ML to PUD-R, Wyatt Tract. Councilperson Ahlers seconded the motion. councilperson Ahlers withdrew her second. Mayor ProTem McKnight withdrew the motion. The City Council will hold a work session to discuss this issue. Councilperson Feigel stated that the park land ordinance does not alter the open space requirements. 23. Discussion and Consideration of the Appointment of the Sign Appeal Board Councilperson Ahlers moved to appoint six (6) applicants to the Sign Appeal Board and to continue to search for one additional member with the first applicants serving two years terms and the final three serving one year terms. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 24. Discussion and Consideration of the Appointment of an Alternate for the zoning Board of Adjustment Commission The City Council will interview applicants for the Zoning Board of Adjustment Commission at the next regularly scheduled Council meeting. 25. Discussion and Consideration of Developing a park at Ross Downs subdivision David Fain, Parks and Recreation Coordinator, and Keith Jackson, Engineer, were present to answer questions and provide information to the City Council. Councilperson McKain questioned the number of parking spaces. Mr. Jackson provided information to the Council concerning the park. councilperson Newton questioned the pond and questioned the expenditure of $34,000. Tom Michaels and Alan Linford were present to answer questions of the Council. Councilperson Ahlers stated that the philosophy for the purpose of the parks needs to be established and expressed that the naming of the park should be discussed at greater length. Councilperson Ahlers moved to approve the Parks and Recreation Board recommendation with the deletion of #4 until the next meeting. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Noe s : Ahlers, McKain, Feigel, McKnight Newton 26. Discussion and Consideration of a Natural Area and Open Space Resolution City Manager Bob Stripling provided information to the City Council. Parks and Recreation Board Chair Alan Linford provided additional information to the City Council. Councilperson Feigel requested that the proposed resolution be reviewed by the City Staff to determine if any inconsistencies between current ordinances and this resolution exist. Councilperson Feiqel asked if already desiqnated funds to studv the Webb House had been made available for use elsewhere since a free study bv the Historical Commission was beinq considered. Councilperson Feiqel recommended a continqencv plan for immediate use of new soccer fields be developed in the event that current fields were no lonqer available. The Council took no action on this agenda item. 27. Discussion and Consideration of Hiring the Professional Services of Schrickel, Rollins and Associates to develop a Master Plan for a twenty-two acre park site CITY COUNCIL MINUTES MAY 7, 1991 Page 8 ADJOURNMENT 35. Adjournment Councilperson McKain moved to adjourn the meeting at 12:13 a.m. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None Resp~tfu+ly submitted( , '/I~' / ~ I ,..' -..;;/ ! . // /, . . 7Y/---1.../(,u~'-.L;;:I{) / ~ .~ '7~ 'Lavada Johnson City Secretary dRMcW .M Approved on: Note: As a matter 0 available upon an audio recording of the above Council meeting is