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HomeMy WebLinkAboutCity Council-Minutes-8/21/1990 CITV COUNCIL MINUTES AUGUST 21, 1990 ~~~ O() 91;: (f The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Chris Hawkins on August 21, 1990 at 6:35 p.m. Roll Call: Council person Linda Ahlers, Richard Newton, Steve McKain, Cheryl Feigel and Ed McKnight were present. Mayor Chris Hawkins, Acting City Manager David Draz, Ci ty Engi neer Mi ke Jones, Di rector of Publ i c Works Ll oyd Wood, Fi re Chief Darrel II Red II Bailey, Police Chief Don Steele, City Attorney Ross Foster, and City Secretary LaVada Johnson were also present. Council person Ed McKni ght gave the i nvocati on after whi ch Ci ty Attorney Ross Foster 1 ead the Pledge of Allegiance to the flag. APPROVAL OF MINUTES: August 7, 1990 Councilperson Newton moved to approve the minutes of August 7, 1990 as presented. Councilperson McKnight seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: none CORRESPONDENCE: none ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BV THE COUNCIL AND CITV OFFICIALS: Mayor ProTem McKni ght expl ained that the reason thi s item had been pl aced on the agenda to gi ve the Mayor and members of the Counci 1 an opportuni ty to report back to the full Council after attending a meeting where information has been obtained that was of interest to the entire Council. 1. EXECUTIVE SESSION - In accordance with Article 6252 - 17 Sec paragraph g - Personnel - City Manager Selection Process paragraph f - Legal - Vonita Duncan Lien Payment Plan paragraph f - Legal - Hartford Casualty Insurance Settlement Offer paragraph f - Legal - NCTCOG 2010 Mobility Plan paragraph f - Legal - Marie Powell Litigation - Employment of Experts paragraph e - Land Acquisition - Right-of-Way for Pool Road Mayor Hawkins explained that the executive session had been called in accordance with Article 6252-17 Section 2 paragraphs (listed above) 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 8:28 p.m. 2. Possible Action of Executive Session - In accordance with Article 6252 - 17 Sec paragraph g - Personnel - City Manager Selection Process paragraph f - Legal - Vonita Duncan Lien Payment Plan paragraph f - Legal - Hartford Casualty Insurance Settlement Offer paragraph f - Legal - NCTCOG 2010 Mobility Plan paragraph f - Legal - Marie Powell Litigation - Employment of Experts paragraph e - Land Acquisition - Right-of-Way for Pool Road The Mayor reported that action on Executive Session would be voted on during the resolution at the end of the meeting. There will be action on the items related to Vonita Duncan, CITV COUNCIL MINUTES AUGUST 21, 1990 PAGE 2 Hartford Casualty Insurance, Marie Powell Litigation and Right-of-Way for Pool Road. CONSENT: 3. Reading and Public Hearing - Resolution R-90-620 - Consent Items: a. Approval of. Combination Preliminary Plan and Final Plat for Tall Pines Estates, Case P-90-837 requested by Charles R. Foster b. Approval of Preliminary Plan for Sedgefield (to be changed to Ashmore at Final Platting), Case P-90-836 c. Approval of the Name Change for Stewart Street to Mill Valley Drive Mayor Hawkins opened the Public Hearing and read Resolution R-90-620 in its entirety. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Newton moved to approve ResolutionR-90-620. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: none 4. 3rd Reading and Public Hearing - Ordinance 0-90-776 - An Ordinance Amending the Zoning Ordinance at the request of Ruth and Verl Plain, Case S-90-32, Zoning Change, Special Use Permit for Kennel in AG Zoning - TABLED Councilperson Newton moved to remove from table Ordinance 0-90-776. Councilperson McKnight seconded the motion. The vote being: Ayes: ,Ahlers, Newton, McKain, Feigel, McKnight Noes: none Those present wishing to speak were as follows: OPPONENTS: Nan Martin, 813 West Lavaca Trail; Glen Adams, 5405 Rustic Tr~il; Bill and Karin McAlister, 4516 Jim Mitchell East. PROPONENTS: Danny Ogle, 1009 West Lavaca Trail; Judy Ruggere, 1013 W. Lavaca Trail. Councilperson Newton summarized the background and activities surrounding the Plain's purchase of the property as well as their attempt to comply with City regulations. The issues being: 1) classification of operation - a) is this a commercial kennel? b) how do the current ordinances apply to this operation?; 2) noise/nuisance; 3) excrement/pollution; 4) property values/setting precedent. Councilperson Newton and Councilperson McKain recommended the following restrictions to the special use request: 1) no signs denoting or advertising operation at any location on property; 2) no boarding for pay; 3) no grooming, bathing, trimming for pay; 4) all dogs registered toy poodles; 5) 30 or less total dogs on premises at any time over the age of four months; 6) any dog brought onto premi ses for breedi ng must have the following and it must be available upon request of the code enforcement officer or the Ci ty Manager - a) brusol osi s certifi cate withi n 1 ast 15 days; b) health certifi cate from veterinarian within last 15 days; c) have written confirmation of pedigree; 7) dogs must be housed in air conditioned, heated, insulated structure and be allowed outside only periodically (less than 2 hours per day per dog) during the day for exercise and only allowed to run loose within the confines of a fenced exercise area; 8) locations of facility to house dogs and the exercise area to remain at the same general location on the site plan as they currently exist without expansion; 9) at any time the operation creates a publ i c nui sance as determined by the City Council, the Council can revoke the special use permit. CITV COUNCIL MINUTES AUGUST 21, 1990 PAGE 3 Council person McKain commented that the Zoni ng Ordi nance defi niti on makes no reference to a breedi ng operati on, and wi th the passage of the speci a 1 use there woul d be more restrictions on this operation that any of the other situation of its kind in the City. There was a brief discussion among the City Council on how to give the citizens in the audience time to react and input to the conditions on the special use permit. Councilperson Newton requested that copies be made of the list of restrictions and passed out to the audience for review and comment. It was also agreed to take a fifteen minute recess for this to occur. Councilperson McKnight moved to suspend the Rules of Procedure to allow the citizens to comment on the restrictions as outlined by Council person Newton and Council person McKain. Council person Ahlers seconded the motion. The vote being: Ayes: Ahlers, McKain, Feigel, McKnight Noes: Newton A fifteen minute recess was taken. Upon readjournment, those present wishing to speak were as follows: OPPONENTS: Nan Martin; Glen Adams; Bill McAlister; PROPONENTS: Judy Ruggere; Danny Ogle. There being no one else present wishing to speak the Public Hearing was closed. Mayor Hawkins entered into the record a letter received from Karin McAlister,"IF I WERE" in regard to threats contained within and a copy of said letter is to be forwarded to the Police Department. Councilperson Newton moved to approve the Special Use Pennit Ordinance 0-90-776 with restrictions 1) no signs denoting or advertising operation at any location on property; 2) no boarding for pay; 3) no grooming, bathing, trimming for pay; 4) all dogs registered toy poodl es; 5) 30 or 1 ess total dogs on premi ses at any time over the age of four months; 6) any dog brought onto premises for breeding must have the following and it must be available upon request of the code enforcement officer of the City Manager a) brusolosis certificate within last 15 days; b) health certificate from veterinarian within last 15 days; c) have written confinnation of pedigree; 7) dogs must be housed in air conditioned, heated, insulated structure and be allowed outside only periodically (less than 2 hours per day per dog) during the day for exercise and only allowed to run loose within the confines of a fenced exercise area; 8) locations of facility to house dogs and the exercise area to remain at the same general location on the site plan as they currently exist without expansion; 9) at any time the operation creates a public nuisance as detennined by the City Council, the Council can revoke the special use pennit; 10) generate a requirement that the Special Use Pennit be allowed only to the Plains, and add a nonseparability clause to the ordinance which basically says that if any of the provisions of the ordinance would include all the conditions failed then all the entire ordinance fails. Councilperson McKnight seconded the motion. The vote being: Ayes: Newton, McKain, McKnight Noes: Ahlers, Feigel The motion failed as it takes four ayes to override the Planning and Zoning Commissions recommendation to deny. Council person Ahlers stated that she would endeavor to find another solve to allow the Plains to continue their operations without approval of the special use zoning. CITV COUNCIL MINUTES AUGUST 21, 1990 PAGE 4 Councilperson Feigel complemented the Council for the work on this request but was definitely opposed as this would set a precedent and would be a detriment to the property values. Council person McKnight expressed his appreciation to the calls he had received in regard to this request. 5. 3rd Reading and Public Hearing - Ordinance 0-90-787 - Ordinance Amending the Subdivision Ordinance by Requiring Sidewalks in Residential Districts Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-787. AN ORDINANCE REQUIRING THE CONSTRUCTION OF SIDEWALKS UNDER CERTAIN CIRCUMSTANCES, ESTABLISHING DESIGN STANDARDS AND CONSTRUCTION STANDARDS FOR THE CONSTRUCTION OF SIDEWALKS, ADOPTING A PENALTV AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Acting City Manager Draz requested that this item be tabled after the third reading to allow the staff the opportunity to revi se the ordi nance to refl ect recommended changes. Defi ne when the Ordi nance shoul d requi re that the s i dewa 1 k be constructed in order to avoid damage to the sidewalks by construction vehicles. Councilperson Newton moved to table Ordinance 0-90-787 until the next agenda at which time it would be removed and voted on. Councilperson Feigel seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, Mcknight Noes: none 6. 2nd Reading and Public Hearing - Ordinance 0-90-788 - Ordinance Adopting the Park Master Plan Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-788. There being no one present wishing to speak the Public Hearing was closed. 7. 2nd Reading and Publ ic Hearing - Ordinance 0-90-785 - An Ordinance Amending the Zoning Ordinance at the request of Stephen M. Symonds, Case Z-90-834, Zoning Change Request from R-30 to R-40, 3.0 acre tract out of the Silas G. Babb Survey, Abstract 96, Tract 3F; Jonathan Riley Survey, Abstract 1356, Tracts 3A18, 3AIC - Flag Pole Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-785. There being no one present wishing to speak the Public Hearing was closed. 8. Reading and Public Hearing - Resolution R-90-594A - Resolution to replace R-90-594 Participation in Land and Water Conservation Act of 1965 Mayor Hawk; ns opened the Pub 1 i c Hea ri ng and read Reso 1 uti on R-90- 594A in its enti rety. There being no one present wishing to speak the Public Hearing was closed. Council person Ahlers referred to Dee Baker's letter commenting on the name of the Park should relate to Little Bear Creek and questioned whether a name change for the Park woul d effect the Park Grant. Acti ng Ci ty Manager Draz reported that there woul d be no effect on the Park Grant if the Park name changed. Councilperson McKain moved to approve Resolution R-90-594A. Councilperson Newton seconded the motion. The vote being: CITV COUNCIL MINUTES AUGUST 21, 1990 PAGE 5 Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: none 9. 1st Reading and Public Hearing - Ordinance 0-90-791 - Ordinance Adopting the Budget for 1990-91 Mayor Hawkins opened the Public Hearing and read Ordinance 0-90-791 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Council person Newton requested another work session on the budget. There is to be a work session on Thursday, September 6, 1990 at 6:30 p.m. 10. 1st Reading and Publ ic Hearing - Ordinance 0-90-792 - Ordinance Setting the Tax Rate for FY 90-91 Mayor Hawkins opened the Public Hearing and read Ordinance 0-90-792 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 11. Reading and Public Hearing - Resolution R-90-621 - Resolution approving the Preliminary Plan for Ross Downs Estates, Phase II, Case P-90-833 requested by Ernest R. Owens Mayor Hawkins opened the Public Hearing and read Resolution R-90-621 in its entirety. Those present wishing to speak were as follows: David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054, requested approval with stipulations as approved at the Planning and Zoning Commission. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Newton raised a question as to whether or not the variance violated stipulations made by the City Council as a condition of zoning. The staff is to research this item before the Final Plat for Ross Downs Estates. Councilperson Newton moved to approve Resolution R-90-621 contingent on the fact that the variances requested did violate stipulations that the City Council made as a requirement for zoning and that the protective covenants are the same as Phase I with the exception that the house size wi 11 be reflected in the covenants as per zoning requirements. Council person McKnight seconded the motion: The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: none ACTION ITEMS: 12. Discussion and Consideration of Master Plan Update Proposals Thi s i tern was deferred until the next agenda to enabl e the Council additi ona 1 time to review the proposals. Councilperson McKain requested that the Staff make a recommendation on this item at the next Council meeting. 13. Discussion and Consideration of Proposals for Engineering Consultant Services on Cheek Sparger Road Councilperson Newton moved to accept the proposal by the fim of DeShazo, Starek and Tang, Inc. Councilperson McKnight seconded the motion. The vote being: C ITV COUNC I L MINUTES AUGUST 21, 1990 Page 6 Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight none 14. Discussion and Consideration of Awarding a Construction Contract for the FY 90 Phase I Water System Improvements Councilperson McKnight moved to accept the low bid of Bil-Mik, Inc., for the amount of $268,458.10 for the FY 90 Water System Improvements, Phase I. Counci 1 person Fei ge 1 seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: none 15. Discussion and Consideration of Site Plan Approval Process for Zoning Districts other than PUD Council person Newton requested that Tom Michaels, P&Z Commissioner, give a report of his research on the site plan approval process. Commissioner Michaels addressed the need for a process that would allow the City to review future commercial/retail tracts when the property is zoned and pl atted before it is developed. The Council wi 11 be presented a copy of hi s notes after they are typed. Thi s item wi 11 be di scussed at the joi nt work sessi on on Thursday, August 23, 1990 for City Council, P&Z Commi ssi on and the Park Board. 16. Discussion and Consideration of Press Release for Charter Review Committee The Council reviewed the proposed press release for the Charter Review Committee and made thei r recommended changes. Council person Newton suggested that the term of the Committee be until the third reading of the Ordinance for the proposed Charter amendments. Mayor Hawkins stated that the meeting time should be set by the Committee. STAFF REPORTS: 17. City Manager's Report and Budget Report The Acting City Manager and the City Engineer updated the Council on the progress of the sewer lines and water lines being installed; Albertson met with the staff to start the procedures to buil d thei r store; the GC ISO stated that they pl an to buil d a school on the Pleasant Run site in 1991 (the City Attorney was instructed to write the school board requesting the right of first refusal if the site were sold). Council person Ahlers stated that a copy of the letter mailed to DFW Airport Board in regard to the expansion of DFW Airport be mailed to the Mayor of Addison in response to the request for endorsement of the expansion. CITIZEN COMMENTS: 18. Citizen Comments/Presentation Regarding Items not on the Agenda. Opal Ethridge, 5309 Pleasant Run Road requested that the Executive Session be moved to the end of the agenda. RESOLUTION C ITV COUNC I L MINUTES AUGUST 21, 1990 PAGE 7 19. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of August 21, 1990 - Reading and Public Hearing - Resolution R-90-621 Mayor Hawkins opened the Public Hearing and read Resolution R-90-621 in its entirety. There being no one present to speak the Public Hearing was closed. Councilperson Newton moved to approve Resolution R-90-621: 1) that the City Attorney is authorized to employ experts in the City's litigation with Marie Powell; 2) that Vonita Duncan be allowed to payout the indebtedness on her lien at the rate of $120 on the 1st and 15th of each month beginning September 1, 1990 with no interest on matured amounts if properly secured; 3) that the Council authorizes sales agreements in relation to Pool Road expansion project submitted by a) Roy Neal Swink b) Dortha D. Mahan c) Jim D. and Doris Jean Rhine d) Addy family 4) that the City enter into a contract with DeShazo Starek and Tang, Inc. to perform consulting services on Cheek Sparger Road according to their proposal; 5) that the low bid of Bil-Mik, Inc. be accepted in the amount of $268,458.10 and the contract for the FY 90 Water System Improvements, Phase I be awarded to Bil-Mik, Inc. Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, Mcknight Noes: none ADJOURNMENT: 20. ADJOURNMENT Councilperson Newton moved to adjourn the meeting at 11:29 p.m. Councilperson Mcknight seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, Mcknight none Approved on: 1 vj ~vlte/J ( tueft~ Note: As a matter of public record, an audio recording of the above Council Meeting is available upon request.