HomeMy WebLinkAboutCity Council-Minutes-8/21/1990
CITV COUNCIL
MINUTES
AUGUST 21, 1990
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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.
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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.
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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
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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
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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
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AUGUST 21, 1990
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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:
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Note: As a matter of public record, an audio recording of the above Council Meeting
is available upon request.