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HomeMy WebLinkAboutCity Council-Minutes-4/16/1991 CITY COUNCIL MINUTES APRIL 16, 1991 Page 1 JJ~) :Jut The regular meeting of the City Council of the City of colleyville was called to order by Mayor Chris Hawkins on April 16, 1991 at 6:40 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 Engineer Mike Jones, City Attorney Ross Foster, and city Secretary LaVada Johnson were present. INVOCATION; Councilperson McKain gave the invocation after which City Attorney Ross Foster led the Pledge of Allegiance to the flag. Councilperson Feigel moved to approve the minutes of March 26, 1991 and April 2, 1991 as amended. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noe s : none 1. EXECUTIVE SESSION - In accordance with Article 6252-17 See 2 paragraph e - Land Acquisition - Park and Community Facilities 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 paragraph f - Legal - Potential Litigation - Voss Addition Drainage I Mayor Chris Hawkins explained that the executive session had been called in accordance with I Article 6252-17 paragraph e - Land Acquisition - Park and community Facilities, paragraph I 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, paragraph f - Legal - Potential Litigation - Voss Addition Drainage and that there would be no decisions or action taken during this time. The meeting was recessed at 6:45 p.m. The meeting was reconvened at 7:50 p.m. 2. possible Action from Executive Session - In accordance with Article 6252-17 See 2 paragraph e - Land Acquisition - Park and Community Facilities 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 paragraph f - Legal - Potential Litigation - Voss Addition Drainage No action was taken on this item. CORRESPONDENCE: None MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: None ANNOUNCEMENTS, PROCLAMATION, PRESENTATIONS: None CONSENT: 3. Reading and Public Hearing - Resolution R-91-676 - Consent Items: a. Approval of Replat for Pleasant Oak Estates, Block 2, Lot A, Case P-91-888, 805 Beverly Drive b. Approval of TRA Change Order to provide Sewer Connection for Ross Downs I c. Approval of Interlocal Agreement with City of Hurst for the construction of Sewer Line for Mill Creek Haven d. Award Bid for two ton (26,000 GVW) Truck for Water Department CITY COUNCIL MINUTES APRIL 16, 1991 Page 2 e. Award Contract for 1991 street Improvements f. Approval of Wire Transfer Agreement with First City, Texas Dallas (Colleyville Branch) g. Approval of City Participation in TML Telephone Franchise steering Committee h. Approval of Agreement for Fluoridation on Water Mayor Hawkins opened the public hearing and read Resolution R-91-676 in its entirety. There being no one present to speak the public hearing was closed. Councilperson Newton questioned if item b) is the full extent of the agreement; and if item e) includes street striping. Mayor Hawkins and Mayor ProTem McKnight discussed the repair of the western portion of Cheek Sparger. Councilperson Feigel moved to approve Resolution R-91-676. 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 This 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 This agenda item remained TABLED. 6. 3rd Reading and Public Hearing - Ordinance 0-91-813 - An Ordinance Chapter 7 of the City Codification Pertaining to Nuisances - TABLED councilperson Newton moved to remove Ordinance 0-91-813 from the TABLE. Ahlers seconded the motion. The vote being: Councilperson Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None Councilperson McKain reviewed the recommendations of the committee concerning the grazing animals and pot-bellied pigs. Councilperson Newton questioned the Chair Rich Munson, 1905 Hall Johnson Road, concerning the grazing area for animals. Rich Munson provided background information to the Council. COuncilperson McKain moved to approve Ordinance 0-91-813 as amended. Councilperson Newton seconded the motion. The vote being: Ayes: Noe s : Ahlers, Newton, McKain, Feigel, McKnight None Councilperson McKain expressed appreciation for the committee's work. 7. 3rd Reading and Public Hearing - Ordinance 0-91-812 - An Ordinance Amending Chapter 3 of the City Codification and Establishing a new Sign Ordinance - TABLED CITY COUNCIL MINUTES APRIL 16, 1991 Page 3 Councilperson Newton moved to remove Ordinance 0-91-812 from the TABLE. Ahlers seconded the motion. The vote being: Councilperson Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None Councilperson Newton recommended that following amendments to the ordinance: 1) page 9, (64), text on such sign may only contain name of subdivision which must be located within the City of Colleyville; 2) page 18 (8), right-Of-way adjacent to developed property will require permission of adjacent property owner and recommended that the ordinance be reviewed in five (5) months. Judy Atwood, 109 Timberline North, requested that page 28, (13) a) be corrected to read, "temperature only shall not constitute." Councilperson Newton moved to approve Ordinance 0-91-812 with the following amendments 1) page 9, (64), text on such sign may only contain name of subdivision which must be located within the City of Colleyville; 2) page 18 (8), right-of-way adjacent to developed property will require permission of adjacent property owner; and 3) page 28, (13) a) be corrected to read, "temperature only shall not constitute." Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 8. 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 Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-816. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 233, D.R. BLANTON SURVEY AND ABSTRACT 180, J.L. BYAS SURVEY, 24.906 (ACRES) TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were Joe Moss, 5008 Montclair and Joyce McCrary, 5113 Camelot Drive. There being no one else present wishing to speak the public hearing was closed. Mayor ProTem McKnight moved to TABLE Ordinance 0-91-816 as recommended by City staff. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 9. 3rd Reading and Public Hearing - Ordinance 0-91-811 - An Ordinance Regulating Contractors Working in Public Right-of-Way. Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-811. AN ORDINANCE AMENDING THE COLLEYVILLE CITY CODE BY ADDING THERETO A PROVISION DEALING WITH CONTRACTORS WORKING IN THE PUBLIC RIGHT-OF-WAY, ESTABLISHING DEFINITIONS, REQUIRING A PERMIT TO WORK IN THE PUBLIC RIGHT-OF-WAY, REQUIRING AN ESCROW DEPOSIT, PROVIDING FOR WAIVER OF AN ESCROW DEPOSIT, ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION Those present wishing to speak were Sonny Rhodes, TU Electric, 3509 Creekview Drive, requesting clarification of a right-of-way definition and discussed service concerns. Councilperson Ahlers suggested that a daily log-sheet be submitted to the City the following day for completed jobs. There being no one else present wishing to speak the public hearing was closed. CITY COUNCIL MINUTES APRIL 16, 1991 Page 4 City Manager stripling recommended that the agenda item be TABLED and that the staff would make recommendations to the City Council at a later date. Councilperson Newton moved to TABLE Ordinance 0-91-811. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noe s : None 10. 3rd Reading and Public Hearing - Ordinance 0-91-820 - Amending the 1990/91 Budget Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-820. AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL YEAR 1990-91 BUDGET BY AMENDING SECTION 1; PROVIDING AN EFFECTIVE DATE There being no one present wishing to speak the public hearing was closed. councilperson McKain moved to approve Ordinance 0-91-820. COuncilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 11. 3rd Reading and Public Hearing - Ordinance 0-91-821 - Prohibiting Wood Shingles Mayor Hawkins recommended that, in lieu of elimination of wood shingles within the City and violation of existing deed restrictions, wood shingles in subdivisions with deed restrictions currently on file in the City would require Class C shingles and subsequent approved subdivisions require Class A shingles. Councilperson Ahlers stated that she felt the decision as to the type of roofinq materials allowed and any associated risk should be the decision of the homeowner. In addition. any chanqes to existinq codes should take into consideration the deed restrictions in existinq subdivisions and those subdivisions currently under development. Councilperson Newton stated that he was hesitant to eliminate wood shingles within the City. Chief Darrel Bailey provided information to the City Council. Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-812. AN ORDINANCE LIMITING CERTAIN ROOFING MATERIALS ON STRUCTURES; ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were Dennis Pitts, 508 university Village Center, Richardson, National Forest Products, Assoc., J.T. Seely, 612 Brent Drive, Arlington, Cedar,Shake & Shingle Bureau, reviewed cost estimates, Richard Smith, 13007 Campos, David Bagwell, 5500 Preston Road, Dallas, George Hawks, Jr., 4016 Ambleside Court, Jack Gilliam, 4608 Westbury Drive, Lakes of Someset Homeowner's Association, and Mike Friedman, 2101 Woodstock. There being no one else present wishing to speak the public hearing was closed. Councilperson Feigel stated concerns due to the unique situation exists within the City due to the sizes of homes and size of the Fire Department. Councilperson Feigel moved to approve Ordinance 0-91-812. The motion died due to lack of second. Councilperson Newton commented as follows: 1) stated opposition to totally Class "A" roofs within the City because this is the most restrictive and expensive roofinq requirements and applies to all roofinq material not ;ust wood shinqles; 2) pointed out that the Council heard conflictinq but leqitimate opinions concerninq wood shinqles and safety issues and 3) noted that the City should avoid placinq citizens in the position of beinq asked to violate deed restrictions. Councilperson McKain recommended that the ordinance be tabled to provide CITY COUNCIL MINUTES APRIL 16, 1991 Page 5 an opportunity for input from the homeowner's associations. recommended that any type of room be permitted by the homeowner changes be for future developments and for roof replacements. requested a work session to discuss this issue. Councilperson Ahlers and requested that any Mayor ProTem McKnight Mayor ProTem McKnight moved to disapprove Ordinance 0-91-812. Councilperson Newton seconded the motion. The vote being: The motion and the second were removed. Counci1person Ahlers moved to TABLE Ordinance 0-91-812. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None Mayor ProTem McKnight stepped down for items 12 and 13 due to conflict of interest. 12. 3rd Reading and Public Hearing - Ordinance 0-91-815 - An Ordinance Amending the Zoning Ordinance at the request of Grapevine-Colleyville Independent School District, Case S-91-34. Zoning Change Request from AG to Special Use Permit, 23.7052 acre tract out of the G.W. Minter Survey, Abstract 1034, (Located on Heritage Avenue) Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-815. 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 A MIDDLE SCHOOL IN AG ZONING, ABSTRACT 1034, G.W. MINTER SURVEY (23.7052 ACRES) TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO SPECIAL USE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Councilperson McKain questioned if the items requested from the staff will be provided by the district. Perry Cox, 3151 Ira Woods Boulevard, was present to answer questions of the Council. There being no one present wishing to speak the Public Hearing was closed. Councilperson Newton moved to approve Ordinance 0-91-815. Councilperson Feigel seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 13. 2nd 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. Those present wishing to speak were Perry Cox, 3051 Ira Wood Boulevard, Grapevine, presented construction information to the Council, Mont O'Leary, 2100 Highland Meadows Drive, representing the Highland Meadows Homeowner's Association, stated opposition to the proposed site, Ed Baker, 6901 Pleasant Run Road, stating opposition, and Tom Michaels, 6001 Montford, stating opposition. There being no one else present wishing to speak the public hearing was closed. Councilperson Newton reviewed key components of the site evaluation form used bv the G-CISD School District. with emphasis on those related to health and safetv. Councilperson Newton asked Mr. Cox to explain how the school district staff evaluated the Bransford site aqainst those criteria. Mr. Cox said that he did not know. When asked for clarification. Mr. Cox said that E.A. Siqler did the evaluation and made the decision without staff input. Mr. Cox also said that he was not aware of the evaluation of alternate sites and that E.A. Siqler did not ask the staff for input on alternative sites. Councilperson Newton asked Mr. Cox CITY COUNCIL MINUTES APRIL 16, 1991 Page 6 to confirm that the citv was responsible to pay for the expense of crossinq quards. Mr. Cox replied that was correct. When asked what the attendance zone for the school would be. Mr. Cox said that they had not yet been set. Mayor ProTem McKnight returned to the Council. 14. 1st Reading and Public Hearing - Ordinance 0-91-822 - An Ordinance Amending Ordinance 0-90-770 - City 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 Ordinance 0-91-822 in its entirety. There being no one present the public hearing was closed. ACTION ITEMS: 15. Discussion and Consideration of Request for Funding by NETS Councilperson McKain moved to approve the allocation of $2,500 for NETS and proposed consideration of $ .35 considered for FY 1991/92. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 16. Discussion and Consideration of Amendment to the City Garbage Service Contract This item was forwarded to the next City Council agenda. 17. Inc. (Sunbelt) for Discussion and Consideration of Contract with Laidlaw Wastesystem, Recycling Jim Moore, 1416 Glade Road, stated opposition to This item was forwarded to the next City Council 18. Discussion and Consideration of Request for to Employee Pay and Classification Plan the proposed program. agenda. Proposals to Review and Recommend Changes Mayor ProTem McKnight moved to approve the request for proposals to review and recommend changes to the Employee Pay and Classification Plan. Councilperson McKain seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 19. Discussion and Consideration of Fund Disposition Agreement with Colleyvil1e Community Center and Library Association, Inc. This agenda item was deferred to the next City Council meeting. 20. Discussion and Consideration of West Glade Road street Improvements Gary Edwards, 220 Glade Road, read and presented letter to City Council. Bill Robinson, 300 W. Glade Road, presented information to the Council. 21. Discussion and Consideration of Concerned Citizens in Regard to Cheek Sparger Road Councilperson Newton reported he. Linda Ahlers and Bob Striplinq met with two members of the Bedford City Council, the Bedford Mavor and the Bedford City Manaqer. The Bedford Citv Manaqer had prepared four desiqn cross section options that Councilperson Newton reported on with handouts. He also reported that Mr. Hardie of the State Hiqhway Department had told the Bedford City Manaqer that he would accept a desiqn cross section without a median. The CITY COUNCIL MINUTES APRIL 16, 1991 Page 7 Council noted that this totally contrary to all Collevville correspondence with Mr. Hardie. Councilperson Newton also reported that the Bedford Council and Mavor said thev believed that it was critical that Cheek Sparaer be upqraded and that it was equallv im'Portant to access State PASS funds to accomplish this. REPORTS: 22. Reports of Advisory Boards and Commissions a. Minutes of Planning and Zoning Commission b. Minutes of Zoning Board of Adjustment STAFF REPORTS: 23. City Manager's Report - Budget Report CITIZEN COMMENTS: 24. Citizen Comments/presentation Regarding Items not on the Agenda Larry Myers, 4709 Green Oaks addressed the Mayor. 25. Miscellaneous Items by the Council None ACTION RESOLUTION: 26. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of April 16, 1991 - Reading and Public Hearing - Resolution R-91-677 Mayor Hawkins opened the public hearing and read Resolution R-91-667 in its entirety. There being no one present to speak the public hearing was closed. Councilperson Newton moved to approve Resolution R-91-667. Councilperson McKain seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None ADJOURNMENT 27. Adjournment Councilperson Newton moved to adjourn the meeting at 12:17. Councilperson Feigel seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noe s : None dMcW Approved on: Note: As a matter 0 available upon an audio recording of the above Council meeting is