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HomeMy WebLinkAboutCity Council-Minutes-3/26/1991 CITY COUNCIL MINUTES MARCH 26, 1991 Page 1 ~"~1/ f11 The regular meeting of the City Council of the City of colleyville was called to order by Mayor Chris Hawkins on March 26, 1991 at 6:30 p.m. Roll Call: Councilperson Linda Ahlers, Richard Newton, (arrived later), 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, Fire Chief "Red" Bailey, Finance Director Terry Leake, City Attorney Ross Foster, and City Secretary LaVada Johnson were also present. INVOCATION; Councilperson Ahlers 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 March 5, 1991. Mayor ProTem McKnight seconded the motion. The vote being: Ayes: Ahlers, McKain, Feigel, McKnight Noes: 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 g - Personnel - Appointments to Master Plan Committee paragraph g - Personnel - Appointments to Bond Issue Committee 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 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 g - Personnel - Appointments to Master Plan Committee, paragraph g Personnel - Appointments to Bond Issue Committee, paragraph f - Legal - Potential Litigation - School Site Special Use Permit, paragraph f - Legal - Potential Litigation - West Glade Road and that there would be no decisions or action taken during this time. The meeting was recessed at 6:35 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 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 g - Personnel - Appointments to Master Plan Committee paragraph g - Personnel - Appointments to Bond Issue Committee paragraph f - Legal - Potential Litigation - School Site Special Use Permit paragraph f - Legal - Potential Litigation - West Glade Road No action was taken during Executive Session. CORRESPONDENCE: None MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS: Councilperson Feigel will provide a presentation to the Texas Recreation and Park Society on "Parent Volunteerism" on April 11, 1991 in Midland, Texas. CITY COUNCIL MINUTES MARCH 26, 1991 Page 2 ANNOUNCEMENTS, PROCLAMATION, PRESENTATIONS: Mayor Hawkins provided information concerning a flag presentation to be held at 10:00 a.m. saturday, March 30, 1991 in Sparger Park at the Veteran's Memorial. Mayor Hawkins expressed special thanks to Quinn Sowell, who donated the flags, Steve symonds, who contacted the City of Richardson to obtain the flagpole, and Oscar Ward, of Express Concrete, who donated the concrete for the project. Mayor Hawkins provided highlights of the volunteer efforts of Yvonne Burch, the City of Colleyville Volunteer of the Year for 1990. CONSENT: 3. Reading and Public Hearing - Resolution R-91-668 - Consent Items: a. Approval of Combination Preliminary Plan and Final Plat, P-91-884, Pleasant Glade Farm Addition, 3404 Glade Road b. Amend R-91-662 to appoint additional Master Plan Committee members c. Amend R-91-663 to appoint additional Bond Committee members d. Approval of Contract with the City of North Richland Hills for Mobile Terminals -police Department e. Award bid on Dump Truck for the Street Department f. Approval of Deposit of Funds with Bransford Park Land Trust for purchase of Mary Lou Wilson property g. Approval of Deposit of Funds with Bransford Park Land Trust for purchase of Max Medical International property h. Approval of Bransford Road Land Trust Agreement Mayor Hawkins opened the public hearing and read Resolution R-91-668 in its entirety. There being no one present to speak the public Hearing was closed. Consent agenda item g) was deleted. Councilperson Newton noted that there were additional names that should be added to item b). Councilperson Newton questioned whether the City Attorney's comments had been incorporated into the contract in item d). councilperson McKain moved to approve councilperson Newton seconded the motion. Consent Items a, The vote being: b, c, d, e, f, and h. Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight 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 0-90-800 - An Ordinance Amending the Zoning Ordinance at the request of L.T.D. Industries, Inc., Case Z-90-845, Zoning Change from AG to PUD-R, 14.387 acre tract out of the C.C. Doss Survey, Abstract 439 and G.W. Minter Survey, Abstract 1034, (Location - Glade Road and across from Melrose Park Drive) - Hollowbrook Springs - TABLED CITY COUNCIL MINUTES MARCH 26, 1991 Page 3 Mayor ProTem McKnight moved to removed Ordinance 0-90-800 from the TABLE. COuncilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None Councilperson Newton asked the following concerning the deed restrictions: 1) are sidewalks mandatory?; 2) will utilities within the development underground. Councilperson Newton questioned and provided the following comments concerning the restrictive covenants: 1) Item 2, page 1 shall be amended as follows: 2. All dwellinqs shall be erected and maintained behind the buildinq line shown on the Lot: 2) Item 25, 'Paqe 5 shall be amended as follows: 25. No crosstie walls shall be 'Permitted in the front yard or sidevards. councilperson Feigel questioned and provided the following comments concerning the restrictive covenants: 1) Item 5, page 2 shall be amended as follows: ..at least eiqhtv (80) 'Percent of the area of the total structure 2) Item 15, page 3, Radio or TV antenna shall be installed in attics only. no satellite dish shall be allowed on any 'Part of the above described 'Pro'Pertv. Councilperson Newton questioned the proposed improvements in the open space. Miles Ferris, LTD Enterprises, 651 S. Southwest Parkway, said that the aazebo and the fishinq pier were included in the improvements. He also said that the retaininq walls alonq the pond would be constructed from stone and not plain concrete. Councilperson Newton questioned the drainageway of the proposed pond and expressed concerns with proposed grading changes. David washington, Washington & Associates, Inc., 500 Grapevine Highway, was present to answer questions of the Council. Councilperson Newton requested that the development schedule in the packet be incorporated into the approval. 6. 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 Councilperson Newton moved to remove ORDINANCE 0-90-805 from the TABLE. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None David Bagwell, 5500 Preston Road, Dallas provided information to the Council concerning restrictive covenants. Councilperson Newton expressed concerns previously identified in agenda item #5. Councilperson Feigel will meet with Mr. Bagwell to discuss changes or amendments to the restrictive covenants. Councilperson Newton moved to TABLED Ordinance 0-90-805. Councilperson McKain seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 7. 3rd Reading and Public Hearing - Ordinance 0-91-813 - An Ordinance Chapter 7 of the City Codification pertaining to Nuisances Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-91-0-813. AN ORDINANCE AMENDING CHAPTER 7 OF THE COLLEYVILLE CODE PERTAINING TO NUISANCES BY DEFINING NUISANCES, DECLARING CERTAIN ACTS AND CONDITIONS NUISANCES, PROHIBITING NUISANCES, PROVIDING FOR THE ABATEMENT OF NUISANCES, PROVIDING FOR CERTAIN LIENS OR COSTS FOR ABATEMENT OF NUISANCES AND FOR FORECLOSURE, ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION CITY COUNCIL MINUTES MARCH 26, 1991 Page 4 Those present wishing to speak were: Linda Baker, 4509 Stafford, who does not want limits established for grazing areas, Rich Munson, 1905 Hall Johnson Road, opposed to section concerning horses, Florene E. "Red" Gibson, 309 Timberline N., expressing enforcement equality, Nancy Rogers, 3401 Amber Circle, Bedford, Bob McCormick, 6802 Pleasant Run, Charles Foster, 5105 Montclair Drive, and steve Symonds, 109 Quail Run. There being no one else present wishing to speak the Public Hearing was closed. Mayor ProTem McKnight moved to TABLE Ordinance 0-91-813 to establish a committee, with the following members: Rich Munson, Chair, Steve Symonds, Charles Foster, Bob McCormick, Nancy Rogers, Linda Baker and Lynn Buffington, a representative of the Humane Society to review Section 2 of the proposed ordinance and submit a report by April 8, 1991 for the next Council meeting on April 16. The Council pointed out that all of the sections referenced were in the existinq ordinance. but that recommendations to resolve some of these issues would be considered. Counciloerson Newton added that the committee should only address that part of the ordinance pertaininq to qrazinq of animals and those that relate to pot- bellied pias as pets. Councilperson Newton seconded the motion. 8. 3rd Reading and Public Hearing - Ordinance 0-91-812 - An Ordinance Amending Chapter 3 of the City Codification and Establishing a new Sign Ordinance Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-91-812. AN ORDINANCE AMENDING CHAPTER 3 OF THE COLLEYVILLE CODE BY MODIFYING SECTION 3 AND ESTABLISHING A NEW SIGN CODE, ESTABLISHING DEFINITIONS, REQUIRING PERMITS, PROVIDING FOR EXEMPTIONS FROM BOARD OF APPEALS AND A MUNICIPAL BOARD ON SIGN CONTROL, ESTABLISHING REGULATIONS CONCERNING THE NATURE, TYPE, SIZE, CONSTRUCTION AND LOCATION OF SIGNS, PROHIBITING CERTAIN TYPES OF SIGNS, ESTABLISHING PENALTY PROVISIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR PUBLICATION Those present wishing to speak were: Pat Burleson, 5100 Colleyville Boulevard, American Karate Studio, Greg Foreman, 4016 Jackson Road, David Bagwell, 5500 Preston Road, Dallas, Mike Sandlin, 3403 cambridge Court, Larry Cole, 4108 Greenway Court, Patricia Segien, 1313 Ashton Court, letters submitted by Claudia cimma McKenney and Shirley Klozik, Judy Atwood, 105 Timberline South, Marie Powell, 3316 Glade Road, Carolyn Tarwater, 1811 Maplewood, Edgar "Butch" Ethridge, 6007 Colleyville Boulevard, John Tuma, 2280 Forest Grove, Allen, Bill Wade, 5115 Colleyville Boulevard, Fred Sebasta, 1804 Avondale, (proponent), West Bailey, of West carpet, David Bowden, 6516 Colleyville Boulevard, and Claire Edwards, 5200 Colleyville Boulevard, Suite C. There being no one else present wishing to speak the Public Hearing was closed. Mayor ProTem McKnight moved to TABLE Ordinance 0-91-812 to hold a work session of the city Council and the Sign Committee on April 8, 1991, 6:30 p.m. First City-Texas Bank. councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None The Council returned to agenda item #5. 5. 3rd Reading and Public Hearing - Ordinance 0-90-800 - An Ordinance Amending the zoning Ordinance at the request of L.T.D. Industries, Inc., Case Z-90-845, Zoning Change from AG to PUD-R, 14.387 acre tract out of the C.C. Doss Survey, Abstract 439 and G.W. Minter Survey, Abstract 1034, (Location - Glade Road and across from Melrose Park Drive) - Hollowbrook springs - TABLED David Bagwell, developer, and Miles Ferris were present to answer questions of the Council. Other provisions to be amended are as follows: 1) paragraph 1, page 13 - The Declarant and Homeowner's Association. until such time the develo'Pment is conveyed to the Homeowner's Association after 75% of homes and occu'Pied. shall have the authority to a'P'POint the A.C.C. and to remove without cause any 'Person service on the Architectural CITY COUNCIL MINUTES MARCH 26, 1991 Page 5 control Committee. 2) paragraph 1, page 15 - add: Deed restriction is recorded,..unless 70% of the Homeowner's siqn an instrument to make chanqes to said restrictions. COuncilperson McKain moved to approve Ordinance 0-90-800 as amended. McKnight seconded the motion. The vote being: Mayor ProTem Ayes: Ahlers, McKain, Feigel, McKnight Noes: Newton 9. 2nd Reading and Public Hearing - Ordinance 0-90-799 - An Ordinance Governing the Operation and Inspection of Public Swimming Pools and Spas. Mayor Hawkins opened the public hearing and read the preamble to Ordinance 0-90-799.. There being no one present wishing to speak the public hearing was closed. 10. Reading and Public Hearing - Resolution R-91-671 - Resolution Approving Preliminary Plan, Case P-91-880, Woodland Hills, Tenth Filing, Glade Road and Martin Parkway Mayor Hawkins opened the public hearing and read Resolution R-91-67 in its entirety. There being no one present to speak the public hearing was closed. Mayor ProTem McKnight moved to approve Resolution R-91-671. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 11. Reading and Public Hearing - Resolution R-91-672 - Resolution Approving Replat, Case P-91-883, Summertree Addition Lots 13R through 16R, Block 6, Summertree and Pool Road Mayor Hawkins opened the public hearing and read Resolution R-91-672 in its entirety. There being no one present to speak the public hearing was closed. Sirus Ferdows, Washington & Associates, 500 Grapevine Highway, was present to answer questions of the Council. Councilperson Newton questioned the pedestrian access to Pool Road from within the subdivision to allow the children access to O.C. Taylor. Councilperson Newton moved to approve Resolution R-91-672. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 12. 1st 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 Ordinance 0-91-816 in its entirety. Those present wishing to speak were Deborah Neal, 1512 Cherry Lane, Joyce McCrary, 5113 Camelot Drive, Nancy Rogers, 313 West Boyce Avenue, Charles Foster, 5105 Montclair, and Joe Moss, 5008 Montclair. There being no one else present wishing to speak the Public Hearing was closed. Mike Sandlin, President of M & T, was present to answer questions of the Council. Councilperson Newton pointed out that the Council has tabled other zoning requests pending drainage studies and that Mr. Sandlin should be prepared for the same pending a drainage study. CITY COUNCIL MINUTES MARCH 26, 1991 Page 6 19. 1st Reading and Public Hearing - Ordinance 0-91-821 - Prohibiting Wood Shingles David Bagwell, 5500 Preston Road, stated support of wood shingles. 20. 1st 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 ProTem McKnight stepped down due to possible conflict of interest. Mayor Hawkins opened the public hearing and read Ordinance 0-91-815 in its entirety. There being no one present the public hearing was closed. 22. Discussion and Consideration of GCISD to appeal the decision of the Planning and Zoning Commission on Case S-91-33 Mayor ProTem McKnight stepped down due to possible conflict of interest. Jerry Hoodenpyle, 1325 West pioneer Parkway, Spur 303, Arlington, Texas, representative of the G-CISD, addressed the Citv Council. Mr. Hoodenpyle stated that the school district had every riqht to build a school on this site without the city's approval and did not intend to qive UP this riqht by requestinq that the Citv Council overturn the Planninq and Zoninq Commission's rulinq. He further stated that the school district planned to litiqate this issue if the Council did not overturn the P & Z rulinq. Mr. Hoodenpyle further asked the Council to overturn the P & Z rulinq at this meetinq. Mayor Hawkins pointed out to Mr. Hoodenpvle that the Council is obliqated bv Citv Charter to hold three hearinqs before takinq action on this matter. so that the earliest possible action was at the May 7th meetinq. Councilperson Ahlers moved to hear Case S-91-33. motion. The vote being: Councilperson Newton seconded the Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noe s : None Mayor ProTem McKnight returned to the City Council. 24. Discussion and Consideration of Funding for a) Chemical Awareness b) NETS c) SRO officer for Public Schools a) Garry Quinn requested $5,000 be allocated to Chemical Awareness in the 1991/92 budget b) Mayor ProTem McKnight requested a letter be submitted to the School Board concerning the City's D.A.R.E. officer and the SRO officer. councilperson Newton requested Council review the letter prior to distribution. Councilperson Newton moved to suspend the Council's Rules of Procedures and continue to discuss the agenda. Councilperson Ahlers seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 13. 1st 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 Ordinance 0-91-811 in its entirety. There being no one present the public hearing was closed. Mayor ProTem McKnight recommended that a section be added to Ordinance 0-91-811 to exempt CITY COUNCIL MINUTES MARCH 26, 1991 Page 7 franchise holders within the city. The city Manager will discuss the proposed ordinance with the franchise holders and provide the City Council with a recommendation. Sonny Rhodes, TU Electric, and Roy Powers, Lone star Gas Co., were present to address the Council. 25. Discussion and Consideration of Awarding Contract for Recycling Collection Jim Moore, 1416 Glade Road, discussed the proposed recycling contract and stated opposition to two (2) garbage vendors conducting business in the city. Councilperson McKain moved to accept staff's recommendation. seconded the motion. The vote being: Councilperson Feigel Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 14. 1st Reading and Public Hearing - Ordinance 0-91-819 - An Ordinance Amending provisions for Senior citizen and Disabled Persons Tax Exemption Mayor Hawkins opened the public hearing and read Ordinance 0-91-819 in its entirety. There being no one present the public hearing was closed. 15. Reading and Public Hearing - Resolution R-9l-667 - Resolution Authorizing the City to join "Texpool" as established by the Texas State Treasury Councilperson Feigel left the meeting. 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 Ahlers moved to approve Resolution R-91-667. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, McKnight Noes: None 16. Reading and Public Hearing Resolution R-91-669 Signatories of the Federal Reserve Bank of Dallas Resolution Designating Mayor Hawkins opened the public hearing and read Resolution R-91-669 in its entirety. There being no one present to speak the public hearing was closed. Councilperson Ahlers moved to approve Resolution R-91-669. Councilperson McKain seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, McKnight None 17. Reading and Public Hearing - Resolution R-91-670 - Resolution Authorizing the City to enter into a safekeeping agreement Mayor Hawkins opened the public hearing and read Resolution R-91-670 in its entirety. There being no one present to speak the public hearing was closed. Councilperson Ahlers moved to approve Resolution R-91-670. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, McKnight Noes: None CITY COUNCIL MINUTES MARCH 26, 1991 Page 8 18. 1st Reading and Public Hearing - Ordinance 0-91-820 - Amending the 1990/91 Budget Mayor Hawkins opened the public hearing and read Ordinance 0-91-820 in its entirety. There being no one present the public hearing was closed. ACTION ITEMS: 21. Discussion and Consideration of Request to move house from 5509 Roberts, Grapevine to 5011 Bluebonnet by Bob and Dotty Salter This agenda item was deferred until the next agenda. 23. Discussion and Consideration of City participation in Water Line Improvements for First Baptist Church of Colleyville Addition This agenda item was deferred until the next agenda. REPORTS: 26. Reports of Advisory Boards and Commissions a. Minutes of Planning and Zoning Commission b. Minutes of Zoning Board of Adjustment c. Minutes of Park and Recreation Board d. Minutes of Library Study Committee There was no discussion of the reports submitted for Council's information and review. STAFF REPORTS: 27. City Manager's Report and Budget Report CITIZEN COMMENTS: 28. Citizen Comments/Presentation Regarding Items not on the Agenda None 29. Miscellaneous Items by the Council None ADJOURNMENT 31. Adjournment Councilperson Newton moved to adjourn the meeting at 1:16 a.m. seconded the motion. The vote being: Councilperson McKain Ayes: Noes: Ahlers, Newton, McKain, McKnight None lY. S~bm..~.'..t. t.ed. /1. . /2 ;1 ,,/ " ~1'~ .'----" ada Johnson City Secretary dMcW/ ~ /i" / r;fJ / {&:J {thJJ/JLe:~t!~7 Approved on: Note: As a matter of public record, an audio recording of the above Council meeting is available upon request.