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HomeMy WebLinkAboutCity Council-Minutes-6/19/1990 C ITV COUNC I L r~ I NUTES June 19, 1990 ~~J) Il9rV Q~i The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Chris Hawkins on June 19, 1990 at 6:34 p.m. Ro 11 Ca 11 : Counci 1 person Linda Ahlers, Richard Newton, Steve McKain, Cheryl Feigel and Ed McKnight were present. Mayor Chris Hawkins, Acting City Manager Dave Draz, Director of Public Works Lloyd Wood, City Engineer Mike Jones, Kisten Loftis Community Code Inspector, 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. Approval of Minutes: Councilperson Ahlers moved to approve the minutes of June 5, 1990 as amended. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None CORRESPONDENCE: Mayor Hawki ns will respond to the June 15, 1990 1 etter the Council received from Hardy Sanders, 4106 Savannah Court, Colleyville regarding Thornbury. ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS: None 1. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph g - Personnel - City Manager Selection Process paragraph f - Land Acquisition - City Park paragraph f - Land Acquisition - Right of Way Acquisition for Pool Road Project paragraph f - Legal - Marie Powell Settlement Offer Mayor Hawkins explained that the Executive Session had been called in accordance with Article 6252-17 Section 2 paragraph g - Personnel - City Manager Selection Process, paragraph f - Land Acquisition - City Park, paragraph f - Land Acquisition - Right of Way Acquisition for Pool Road Project, paragraph f - Legal - Marie Powell Settlement Offer and that there woul d be no acti on taken duri ng thi s time. The meeti ng was recessed at 6: 38 p.m. The meeting was reconvened at 7:18 p.m. 2. Possible Action of Executive Session - In accordance with Article 6252-17 Sec 2 paragraph g - Personnel - City Manager Selection Process paragraph f - Land Acquisition - City Park paragraph f - Land Acquisition - Right of Way Acquisition for Pool Road Project paragraph f - Legal - Marie Powell Settlement Offer There was no action taken on this item. CONSENT* *3. Reading and Public Hearing - Resolution R-90-603 - Consent Items: C ITV COUNC I L ~1I NUTES June 19, 1990 Page 2 a. Approval of right-of-way deed - Glade Road by Charles and Maurine Wellman b. Final Plat Approval - Ross Down Estates - Case P-90-826 32.128 acre tract of land of the Robert Chowning Survey, Abstract 294, a portion of Tracts lC, 2, 3A and 3Al requested by Ernest R. Owens c. Approval of Amended Plat for Pebble Hill d. Ratifying Expenditure over $5,000 for Repair of 2411 Valve - Hall Johnson Water Storage Facility e. Authorizing City Manager to Sign the Pennit for TRA to begin the Big Bear Creek Interceptor Project f. Award of bid for one-ton Utility vehicle Mayor Hawkins opened the Public Hearing and read Resolution R-90-603 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Council person Newton requested that consent item b) be considered separately by the Council and that consent item c) be considered immediately following agenda item #11. Council person Ahlers moved to approve Resolution R-90-603. Counci 1 person Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 3b} Final Plat Approval - Ross Down Estates - Case P-90-826 - 32.128 acre tract of land out of the Roberts Chowning Survey, Abstract 294, a portion of Tracts lC, 2, 3A and 3Al requested by Ernest R. Owens Councilperson Newton discussed the conditions recommended by the Planning and Zoning Commission concerning the final plat for the Ross Downs Estates: 1) the developer will change Melanie Drive to a 60' R.O.W; and 2) the side yard setbacks on corner lots will be changed to reflect 30' building lines. Acting City Manager stated that the developer had agreed to the requests of the Planning and Zoning Commission. Council person Newton had questions regarding: 1) the changes from the preliminary to the final plat; 2) the drainage issues for the development; 3) sidewalks for the proposed development; and 4) Connie Lane and Twelve Oaks issue of making the names the same to avoid address confusion of the lots. Councilperson Newton moved to approve Ross Down Estates with a strong recommendation for the developer to place sidewalks in the subdivision. Council person A.hlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None PUBLIC HEARINGS: 4. Public Hearing - Abatement Proceedings Substandard Sturcture Located at 101 White Drive CITV COUNCIL MINUTES June 19, 1990 Page 3 Mayor Hawkins opened the Public Hearing to give everyone present an opportunity to speak. Those present wishing to speak were Alvin Duncan, the husband, who provided a status report to the Council. Kirsten Loftis, Community Code Inspector, presented an inspection report to the Council. Mayor Hawkins requested that Ms. Loftis provide the Council with background information concerning the violations of this property which are summarized as follows: 1) the structure was found to be structurally unsound and dan erous for human habitation; 2 the structure was currently bein used for stora e which is an una ro riate use; 3 repairs to the structure would not be economically feasible according to the staff's recommendation; and 4) the repair work would require permits, although the owner had not obtained permits for the repair work that had been completed to date. Mayor ProTem McKnight moved to accept staff1s recommendation that the substandard structure located at 101 White Drive be demol ished by the owner and the trash removed on or before July 19, 1990; in the event the owner does not complete the work by July 19, 1990, the City shall demolish the structure and remove the trash. The City shall impose a lien on the property in accordance wi th the 1 aw for the cost of the work and trash removal. Council person Newton seconded the motion. The vote being: Ayes: Newton, McKnight Noes: Ahlers, McKain, Feigel Councilperson Ahlers recommended that building plans and an approved building permit be obtained for this property by July 19, 1990. Council person McKain moved to reconsider the agenda item. Counci 1 person Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None Mayor ProTem McKnight moved to approve the same motion as previously stated. Council person Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 5. 3rd Reading and Publ ic 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 Pemit for Kennel in AG Zoning Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-776. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITV OF COLLEVVI LLE, TEXAS, BV AMENDING THE OFFICIAL ZONING MAP AND GRANTING THE ZONING OF BLOCK 1, LOT 2, LAVACA TRAIL ADDITION TO THE CITV OF COLLEVVILLE, TEXAS FROM AG TO SPECIAL USE FOR KENNELS (BREEDING, TRAINING OR BOARDING); PROVIDING A PENALTV AND AUTHORIZING PUBLICATION. Those present wishing to speak were: OPPONENTS: William McAlister, 4516 Jim Mitchell East, Karin McAlister, 4615 Jim Mitchell East (submitted a letter to the Council), and Leonard Pratt, 711 W. Lavaca Trail. Judy Ruggere, 1013 W. Lavaca Trail, stated opposition to the use remaining with the property should the Plain's sell the property, not with the Plain's use of their C ITV COUNC I L MINUTES June 19, 1990 Page 4 property. PROPONENTS: Ruth Ann Plain, 909 Lavaca Trail, spoke to the Council. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Newton stated that he, personally, appreciated the input of the citizens concerning this issue. The Council desires to reach a solution to the benefit of all the interested persons. Councilperson Newton stated that the Council will proceed to amend the zoning ordinance to establish the imposition of conditions when granting a Special Use Permit. Councilperson Newton moved to TABLE Ordinance 0-90-776 until a resolution is reached regarding the modification to the Special Use ordinance. Council person McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 6. 2nd Reading and Publ ic Hearing - Ordinance 0-90-777 - An Ordinance Amending the Zoning Ordinance at the request of Bob Moore, Case Z-90-822 - Zoning Change Request from AG to CC, 3.047 acre tract out of the J.L. Byas Survey, Abstract 180, Tract 2A2 - Bob Moore Sp10rts Center Addition Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-77. Those present wi shi ng to speak were Ri ck Munson, 1905 Hall Johnson Road, stated opposition to the proposed use and reviewed a petition, currently being circulated, opposing the project. 7. 2nd Reading and Public Hearing - Ordinance 0-90-778 - An Ordinance Amending the Zoning Ordinance at the request of Robert Ballou, Case Z-90-824, Zoning Change Request from AG to R-20, 3.0086 acre Tract out of the M.M. Freeman Survey, Abstract 533, Lot 7, Tillman Acres Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-778. There being no one present wishing to speak the Public Hearing was closed. 8. 2nd Reading and Publ ic Hearing - Ordinance 0-90-780 - Ordinance Amending the Outdoor Festival Ordinance in regard to City Sponsored Events requested by the Colleyville BarBQue Cookoff Association Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-780. There being no one present wishing to speak the Public Hearing was closed. In reference to Section 2, Council person Newton requested that a clause be added requiring the landowner to sign an affidavit concerning their obligations. Councilperson Newton requested that Section 1: Part J (5) (a) referring to requirement for solid trash containers remain in the ordinance with the omission of the tight-fitting lid requirement. 9. 2nd Reading and Publ ic Hearing - Ordinance 0-90-781 - Ordinance Requiring liAs Built Certification" prior to acceptance of a CITV COUNCIL MINUTES June 19, 1990 Page 5 subdivision Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-781. There being no one present wishing to speak the Publ ic Hearing was closed. 10. 2nd Reading and Publ ic Hearing - Ordinance 0-90-782 - Ordinance Adopting Revisions to the Texas Municipal Retirement System provided by Senate Bill 505 Mayor Hawkins opened the Public Hearing and read the preamble to Ordinance 0-90-782. There being no one present wishing to speak the Public Hearing was closed. Counci 1 person Newton requested cl a rificati on regardi ng the number of years of credited service. 11. 1st Reading and Publ ic Hearing - Ordinance 0-90-783 - An Ordinance Amending the Zoning Ordinance at the request of Burk Collins Investments, Case Z-90-829 - Zoning Change Request from AG to R-20, 1.585 acre tract out of the Hall Medl in Survey, Abstract 1973, a portion of Lot 14, Block 3, Pebble Hill Plantation Estates Mayor Hawkins opened the Publ ic Hearing and read Ordinance 0-90-783 in its entirety. Those present wishing to speak were Jackie Fluitt, 8251 Bedford-Euless Road, Suite 255, North Richland Hills. There being no one else present wishing to speak the Public Hearing was closed. Council person Newton questioned Mr. Fluitt concerning the zoning request and the requested amendment to the plat. Councilperson Newton requested that Mr. Fluitt provide the following information to the Council: 1) deed restriction information regarding the Homeowner's Association responsibil ity to maintain the open space and 2) sidewalk requirements for the subdivision and 3) a building setback line for lots adjacent to McCain Road be moved to 30' feet to be consistent with current ordinances. 3c) Approval of Amended Plat for Pebble Hill Jackie Fluitt provided information to the Council. Councilperson Newton moved to approve the amended plat for Pebble Hill. Councilperson Ahlers seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 12. 1st Reading and Publ ic Hearing - Ordinance 0-90784 - An Ordinance Amending the Zoning Ordinance by deleting the provision dealing with minimum lot sizes in PUD-R subdivisions where said lots abut and/or overlay ML Zoning Districts and establishing buffering areas Mayor Hawkins opened the Publ ic Hearing and read Ordinance 0-90-784 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 13. Reading and Public Hearing - Resolution R-90-604 - Appointment CITV COUNCIL MINUTES June 19, 1990 Page 6 of a Contractor's Board Mayor Hawkins opened the Public Hearing and read Resolution R-90-604 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Councilperson Newton questioned who made the selection of the members serving on the Contractor's Board. Mayor ProTem McKnight moved to approve Resolution R-90-604. Council person Ahlers seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None ACTION ITEMS: 14. Discussion and Consideration of Request for Proposal for Master Plan Update Acting City Manager Dave Draz reviewed the changes to the Request for Proposal. Councilperson Newton recommended amending Section IV - PROCEDURES to read as follows: This process must guarantee that a cross section of citizens have input to the plan and the City Council is to have the final authority in appointing any citizen to any formalized citizen advisory committee or task force. The City staff will distribute the Request for Proposals to the identified firms. 15. Discussion and Consideration of a Letter Supporting the Cities of Euless, Irving and Grapevine in their opposition of Reconstruction of D/FW Airport Councilperson Newton stated that the initial request was to incorporate paragraph #6 and #7 into the letter instead of #5 and #6. Council person Newton stated that the suit being filed could deprive the municipalities of their basic rights as a home-rule city. Council person Ahlers moved to instruct the Acting City Manager to add paragraph 17 to the end of paragraph 12 of the letter and then mail the letter. Councilperson Newton seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 16. Discussion and Consideration of Amending the Subdivision Ordinance by requiring Sidewalks in Residential Districts requested by Councilperson Newton Councilperson Newton provided information concerning his request for an amendment to the subdivision ordinance by requiring sidewalks in the interiors of the newly developed subdivisions. Mayor ProTem McKnight questioned why the requirement for internal and not external sidewalks. Mayor ProTem McKnight C ITV COUNC I L ~1I NUTES June 19, 1990 Page 7 stated that he felt that sidewal ks should be present where children are not bussed. The City Attorney wi 11 prepare a draft ordinance for the Council to review. 17. Discussion and Consideration of Parks and Recreation Board Recommendation concerning amendments to the PUD section of the Zoning Ordinance Alan Linford, Park Board Chairman, 3202 Wiltonwood Court, summarized the Boards proposed changes to the PUD section of the Zoning Ordinance. Councilperson Newton stated that, in most instances, the 20% open space requirement has been amended by the Council. The City Attorney will research the change giving the City first option on open space land; and draft an ordinance for the remaining proposed changes. 18. Discussion and Consideration of Staff Reports on drainage issues Mayor Hawkins read the staff report for the Council. City Engineer Mike Jones reviewed the information. Acting City Manager Dave Draz requested that the motion specifically identify the funding source as the contingency fund. Mayor ProTem McKnight thanked the staff for their work on this project. Those present wishing to speak to the Council were Suzanne Scott, 5004 Chelsea Drive, Ed Talley, 1700 Glade Road, and Richard Fields, 1717 Arthur Drive. Mayor ProTem t~cKnight stated that the City needs to develop a long-term plan to address its drainage needs. Mayor Hawkins briefed the Council regarding the development of an area-wide drainage plan. Councilperson Ahlers moved to allocate $50,000 from the contingency fund to address the drainage problems within the City. Councilperson Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 19. Discussion and Consideration of Procedure to follow for the Appointment of Commissioners, Board Members, and COIIIDittee Members by the City Council Mayor ProTem McKnight stated that the Council needs to develop a procedure for appointing committee members, board members and commissioners by the Councilmembers by Council place. Council person Ahlers recommended floor nominations for the various boards and committees. Councilperson Newton recommended: 1) application process; 2) interviews; 3) nominations from the floor; and 4) vote for one position at a time. Council person Newton will outline his recommended process by the next Council meeting. The City Attorney suggested a process to the Council. 23a. Discussion and Consideration of Correspondence from SHDPT concerning Cheek Sparer Road Councilperson Ahlers requested that the City acknowledge receipt of the letter and request the following information be provided from the Highway Department: CITV COUNCIL MINUTES June 19, 1990 Page 8 1) present a map of the proposed road; 2) identify how the road will tie into the eastern and western sections which are proposed to be six (6) lanes; 3) present a proposed time frame for those secti ons, as well as the City's sections of the road; 4) identify the City's deadl ine for participation in the proposed project; 5) identify the extent of the City's financial obl i gati ons if bui lt to suggested wi dth; and 6) identify the status of the road in the surrounding comrrunities. Additionally, Councilperson Ahlers questioned the possibility of the City conducting its own traffic study. Mayor ProTem McKnight questioned why the State would approve 1709 as 62 feet and have problems with the 68 feet proposed for Cheek Sparger. Councilperson Feigel requested that the traffic study consultant justify the proposed 68 feet for Cheek Sparger. Council person Newton stated that the Council needs to establish a formal mode of communication with the State Highway Department. Mayor ProTem McKnight stated that if the Council does not receive the answers requested that the Council schedule a meeting with the State Highway Department officials in Austin. Those present wishing to speak the Council were Jerry Staines, 3902 Martin Parkway, Kathy Heller, 4003 Woodstock, Renee Lawrance, 2902 Scarborough, and Gene Smith, 1903 Aston Court, (Councilperson McKain called for a point of order) Lloyd Dollar, 4000 Windermere, Elwood Cleaver, 3002 Glendale Drive, and George Hertzog, 3900 Windermere, Colleyville. Councilperson Newton requested that formal correspondence be established with the Highway Department. Mayor ProTem McKnight requested that the staff prepare a draft letter to the State addressing the questions of the Council regarding the issues of the Council by the next meeting. Council person Feigel reiterated a desire to seek professional justification for the City's official position of 68' as response to the Highway Department's letter which attempted to justify 72' feet. 20. Discussion and Consideration of Park Board Recommendation concerning a Master Plan for City Park David Fain, Parks and Recreation Coordinator, provided information to the Counc i 1 . Mayor ProTem McKnight moved to secure the services of Schrickel, Rollins & Associates Inc., for the development of a Master Plan for the City Park for an amount not to exceed $9,400. Council person McKain seconded the motion. The vote being: Ayes: Noes: Ahlers, Newton, McKain, Feigel, McKnight None 21. Discussion and Consideration of Util izing a Planning firm to help develop a Commercial Landscape Ordinance Acting City Manager Dave Draz provided information to the Council concerning staff's recommendation. Dan Boutwell, AICP, and Mark Mendez, AICP, representatives of Planning Resources Group, were present. Mayor ProTem McKnight moved to secure the services of Pl anning Resources Group to provide professional services related to the development of a landscape ordinance for an amount not to exceed $2,000. Council person Newton City Council Minutes June 19, 1990 Page 9 seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 22. Discussion and Consideration of Planning & Zoning Request for City Council to Reconsider the Planning and Zoning's Original Recommendation on Bedford Road This item will be placed on the next Council agenda. 23. Discussion and Consideration of Awarding a Construction Contract for the West Glade Road Water and Sanitary Sewer Improvements Council person Newton moved to accept the City Engineer's recommendation to approve the low bid of Dowager Construction Inc., for an amount not to exceed $179,942.00 Councilperson McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None MISCELLANEOUS ITEMS BY THE COUNCIL: None STAFF REPORTS: 24. City Manager's Report - Budget Report Acting City Manager Dave Draz reviewed the report for the Council. CITIZEN COMMENTS: 25. Citizen Comments/Presentation Regarding Items not on the Agenda Renee Lawrance, 2902 Scarborough, spoke to the Council. RESOLUTION: 26. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of June 19, 1990 - Reading and Public Hearing - Resolution R-90-605 Mayor Hawkins opened the Public Hearing and read Resolution R-90-605 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Co unci 1 person Ahlers moved to approve Resolution R-90-605. Council person McKain seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None 27 . ADJOURNMENT: Council person Ahlers moved to adjourn the meeting at 12:29 a.m. Council person C ITV COUNC I L MINUTES June 19, 1990 Page 10 Newton seconded the motion. The vote being: Ayes: Ahlers, Newton, McKain, Feigel, McKnight Noes: None dMd~/ /7 /J () Approved on:_~::J; IYf{2 &:If)A~rL?dL.eJ/ Note: As a matter of publ i c record, an audio recording of the above Council Meeting is available upon request. City Manager's Report City Counoil June 19, 1990 Regional Drainage study Mayor Hawkins convened a meeting of area mayors at City Hall on June 18th to further explore their interest in a coopera- tive effort to study the major floodways in the area (pri- marily Little and Big Bear Creeks). The cities of Southlake and Trophy Club are interested in pursuing such a study and will work with Colleyville in developing a Request-for- Proposal. It is anticipated that the RFP will be prepared by the middle of July. There is a chance that a study of this nature could receive funding support from the Texas Water Development Board. The cities of Grapevine, Keller, Hurst and North Richland Hills have already completed drainage mas- ter plans for their community but offered any information from those studies that would be helpful. Economio Development Prospect Lone star Gas has contacted the City about a fiberoptics - telecommunications manufacturer looking to possibly relocate to this area. staff has initiated contact with the Chamber of Commerce to put together the information being requested by the company. The company needs the information immedi- ately and staff will work closely with the Chamber of Com- merce to prepare the information by Friday, June 22nd. New Water Bill Format Please find attached a copy of a notice that was sent out regarding the new water bill format that will be utilized on the next billing due to go out tomorrow. Also attached is a copy of the bill format. The new bill format is easier to read and more informative about the elements and the billing procedure. The billing format change is being coordinated with the addition of the garbage charge. The garbage charge and the sales tax for that service are shown on the bill as separate line items. Budget Preparation and Counoil Workshop City staff is continuing preparation of the annual budget for fiscal year 1990-91. Departmental budgets are currently being refined in preparation for City Council review.' staff would like City Council feedback on the acceptability of holding the annual budget workshop on either Saturday, July 21st or Saturday July 28th. It is anticipated that the ses- sion will run from 9:00 A.M. until approximately 3:00 P.M. Staff has contacted the Metroplex Covenant Church about the possibility of utilizing the same room as last year. We hope to have confirmation by next Wednesday.