HomeMy WebLinkAboutCity Council-Minutes-5/15/1990
C ITV COUNC I L
MINUTES
May 15, 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 May 15, 1990 at 7:30 p.m.
Ro 11 Ca 11 :
Council person Linda Ahlers, Richard Newton, Beth Myers, John
Lynch and Ed McKnight were present. Mayor Chris Hawkins,
Acting City Manager Dave Draz, Fire Chief Darrell Bailey,
Ci ty Engi neer ~1i ke Jones, Ci ty Attorney Ross Foster and Ci ty
Secretary LaVada Johnson were also present.
Invocation: ~1ayor ProTem Lynch gave the invocation after which the City
Attorney led the Pledge of Allegiance.
Approval of Minutes:
Councilperson Newton moved to approve the minutes of May 1, 1990 and May
8, 1990 as amended. Councilperson Ahlers seconded the motion. The vote
being:
Ayes: Ahlers, Newton, Myers, Lynch, McKnight
Noes: None
CORRESPONDENCE: None
ANNOUNCEMENTS, PROCLAMATIONS, PRESENTATIONS:
Mayor Hawki ns presented Counci 1 person Ahl ers, representati ve for the Garden
Club, with a proclamation declaring June 3rd thru 9th, 1990 as Garden ~~eek
in the City of Colleyville.
Mayor Hawkins stated that the City Council will conduct the Council meetings
according to Robert1s Rules of Order.
CONSENT*:
*1. Reading and Public Hearing - Resolution R-90-590 - Consent Items:
a. Awarding Bid on I-ton Truck for Public Works Department
b. Approval of a Drainage and Utility Easement Abandonment for
Oak Creek Estates
c. Approval of an Amended Final Plat for Highland Meadows IV
with the addition of Drainage and Util ity Easements requested
by TU Electric
d. Approval of a Drainage Easement from Rodney Waschka for
Highland Meadows IV
Mayor Hawkins opened the Public Hearing and read Resolution R-90-590 in
its entirety. There being no one present wishing to speak the Public Hearing
was closed.
Councilperson Newton moved to approve Resolution R-90-590. Counci 1 person
Ahlers seconded the motion. The vote being:
Ayes: Ahlers, Newton, Myers, Lynch, McKnight
Noes: None
City Council
Mintues
May 15, 1990
Page 2
PUBLIC HEARINGS:
2. Consideration of Overriding Mayor's Veto of Ordinance 0-90-771
- Franchise for Garbage Service
Mayor ProTem Lynch moved for the question without citizen input. Councilperson
Ahlers seconded the motion. The vote being:
Ayes: Ah 1 ers, Myers, Lynch, McKni ght
Noes: Newton
Councilperson McKnight moved to override the Mayor's veto of Ordinance
0-90-771 and, for the record, submitted a letter regarding the Mayor's veto
signed by Councilpersons Ahlers, Myers, McKnight and Mayor ProTem Lynch.
Council person Myers seconded the motion. The vote being:
Ayes: Ahlers, Myers, Lynch, McKnight
Noes: Newton
The City Attorney stated that a point of order may not be called from the
fl oor.
3. 3rd Reading and Publ ic Hearing - Ordinance 0-90-766 - An Ordinance
Amending Section 38 of Zoning Ordinance to Allow 15' Side Yards
on Corner Lots - TABLED
Councilperson Newton moved to remove Ordinance 0-90-766 from the TABLE.
Councilperson Ahlers seconded the motion. The vote being:
Ayes: Ahlers, Newton, Myers, Lynch, McKnight
Noes: None
Councilperson Newton discussed the deletion of Section 1, Item b) which
would require a 301 foot setback for side yards abutting thoroughfares.
Councilperson Newton moved to approve Ordinance 0-90-766 with the deletion
of Item b) of Section 1. Councilperson Ahlers seconded the motion. The
vote being:
Ayes: Ahlers, Newton, Myers, Lynch, McKnight
Noes: None
4. Reading and Public Hearing - Resolution R-90-587 - Case P-90-820
- Replat Approval - Windview Addition - Lots 1 and 2, Block 6
to Lot lR - TABLED
Councilperson Newton moved to remove Resolution R-90-587 from the TABLE.
Councilperson Ahlers seconded the motion. The vote being:
Ayes: Ahlers, Newton, Myers, Lynch, McKnight
Noes: None
For the record, Mayor Hawkins submitted a letter from Mr. Armbruster, 3907
C ITV COUNC I L
MINUTES
May 15, 1990
Page 3
Windermere, stating opposition to Resolution R-90-587. Council person Newton
questioned the implications of the zoning request. The City Attorney provided
information to the Council regarding notification and the zoning.
Gene Smith, 1903 Ashton Court, provided information to the Council.
Councilperson Newton moved to defer action
later in the evening to provide the Council
deed restrictions submitted by Mr. Smith.
the motion. The vote being:
on Resolution R-90-587 until
an opportun i ty to revi ew the
Councilperson Ahlers seconded
Ayes:
Noes:
Ahlers, Newton, Myers, Lynch, McKnight
None
5. Swear in Counci 1 person-elect Place 3 Steve McKain and
Council person-Elect Place 5 Ed McKnight
Counci 1 person McKni ght expressed appreci ati on and thanks to Beth Myers and
John Lynch for their service to the City during the last two years.
Mayor Hawkins swore in Councilperson-elect, Place 3, Steve McKain and
Councilperson-elect, Place 6, Ed McKnight.
PRESENTATIONS AND RECEPTION:
Plaque to Place 3 Councilperson Beth Myers
Place 4 Mayor ProTem John Lynch
Mayor Hawkins presented plaques to Councilperson Myers and Mayor ProTem
Lynch for their service to the City from May 1988 to May 1990.
PUBLIC HEARINGS:
6. Reading and Public Hearing - Resolution R-90-591 - Resolution
Supporting the Cities of Euless, Irving and Grapevine in their
opposition of Reconstruction of D/FW Airport
Council person McKnight stated that he felt the City of Colleyville should
not become involved in this issue. Mayor Hawkins recommended that Section
1 be deleted from the Resolution. Council person Newton stated support of
the Resolution to retain the authority of the municipality. Council person
Ahlers supported the deletion of Section 1.
Mayor Hawkins opened the Public Hearing and read Resolution R-90-591 in
its entirety. There being no one present wishing to speak the Public Hearing
was closed.
Mayor ProTem Lynch stated that the Council shoul d instruct the staff to
prepare a letter to express the Council's issues of concern, rather than
to pass a resolution.
City Council
Minutes
May 15, 1990
Page 4
Councilperson Ahlers moved to direct the staff to draft a letter, which
will accompany Resolution R-90-591 including the deletion of Section 1,
expressing the concerns of the Council regarding this issue for the Council's
review at the next Council meeting. Mayor ProTem Lynch seconded the motion.
The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
7. 1st 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 for Kennel for Show Poodles
Mayor Hawkins opened the Public Hearing and read Ordinance 0-90-776 in its
entirety. Those present wishing to speak to the Council were: OPPONENTS:
Stephen L. Martin, 813 W. Lavaca Trail, Bill McAlister, 4516 Jim ~1itchell
Trail East, Karin McAlister, 4516 Jim Mitchell Trail East, who read a letter
to the Council, and Dale Hodgson, 4600 Behrens Road, Colleyville; PROPONENTS:
Danny Ogle, 1009 W. Lavaca Trail, Colleyville. There being no one else
present wishing to speak the Public Hearing was closed.
Council person Newton revi ewed the hi story of thi s agenda item and di scussed
the special circumstances of this specific case. Councilperson Newton stated
that the points to be addressed are 1) the commercial status of the site;
and 2) the zoning of the case, particularly in reference to use should the
Plains sell the property. Council person Newton stated that the Plains have
gone to great extremes to resol ve thi s issue. Counci 1 person Newton stated
that the special use zoning category, in this case a kennel, is non-descript
and difficult to determine; particularly as to what is actually included
for a kennel under the special use category. The City Attorney recommended
that the Council amend the current zoning ordinance to establish specific
requirements for a special use permit which are consistent with surrounding
zoning and preserve property values.
Councilperson Newton moved to allow the Countil to place specific restrictions
on a special use pennits in order to ensure consistency with surrounding
zoning. Councilperson Ahlers seconded the motion. The vote being:
Ayes:
Noes:
Ahlers, Newton, McKain, Lynch, McKnight
None
8. Publ ic Hearing - Review use of Floodplain Land; Prel iminary Site
Plan, and Preliminary Budget along Little Bear Creek for Purposes
of Developing a Park Site
Davi d Fa in, the Parks and Recreati on Coordinator, provi ded i nformati on to
the Council regarding the grant application process. Mr. Fain stated that
the prel iminary budget will be worked to include the addition of a bathroom
and parking lot. Councilperson Newton noted that the site plan showed
structures in the floodplain and that this should be re-evaluated. t~ayor
ProTem Lynch thanked the Counci 1, the Park Board and the staff for thei r
hard work on this project.
Mayor Hawkins opened
opportunity to speak.
the Public Hearing to give everyone present an
There being no one present wishing to speak the Public
CITV COUNCIL
MINUTES
May 15, 1990
Page 4
Councilperson Ahlers moved to direct the staff to draft a letter, which
will accompany Resolution R-90-591 including the deletion of Section 1,
expressing the concerns of the Council regarding this issue for the Council.s
review at the next Council meeting. Mayor ProTem Lynch seconded the motion.
The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
7. 1st 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 for Kennel for Show Poodles
Nayor Hawkins opened the Public Hearing and read Ordinance 0-90-776 in its
entirety. Those present wishing to speak to the Council were: OPPONENTS:
Stephen L. Martin, 813 W. Lavaca Trail, Bill McAlister, 4516 Jim Mitchell
Trail East, Karin McAlister, 4516 Jim Mitchell Trail East, who read a letter
to the Council, and Dale Hodgson, 4600 Behrens Road, Colleyville; PROPONENTS:
Danny Ogle, 1009 W. Lavaca Trail, Colleyville. There being no one else
present wishing to speak the Public Hearing was closed.
Counci 1 person Newton revi ewed the hi story of thi s agenda item and di scussed
the special circumstances of this specific case. Councilperson Newton stated
that the points to be addressed are 1) the commercial status of the site;
and 2) the zoning of the case, particularly in reference to use should the
Plains sell the property. Council person Newton stated that the Plains have
gone to great extremes to resol ve thi s issue. Counci 1 person Newton stated
that the special use zoning category, in this case a kennel, is non-descript
and difficult to determine; particularly as to what is actually included
for a kennel under the special use category. The City Attorney recommended
that the Council amend the current zoning ordinance to establish specific
requi rements for a speci a 1 use permit whi ch are consistent with surrounding
zoning and preserve property values.
Councilperson Newton moved to direct the City Attorney to draft an ordinance
amending the current zoning ordinance to establish specific requirements
for a special use permit which are consistent with surrounding zoning.
Councilperson Ahlers seconded the motion. The vote being:
Ayes:
Noes:
Ahlers, Newton, McKain, Lynch, McKnight
None
8. Publ ic Hearing - Review use of Floodplain Land; Prel iminary Site
Plan, and Preliminary Budget along Little Bear Creek for Purposes
of Developing a Park Site
Davi d Fain, the Parks and Recreati on Coordi nator, provi ded i nformati on to
the Council regarding the grant application process. Nr. Fain stated that
the preliminary budget will be worked to include the addition of a bathroom
and parki ng lot. Mayor ProTem Lynch thanked the Counci 1, the Park Board
and the staff for their hard work on this project.
Mayor Hawkins opened
opportunity to speak.
the Public Hearing to give everyone present an
There being no one present wishing to speak the Public
C ITV COUNC I L
MINUTES
May 15, 1990
Page 5
Hearing was closed.
9. Reading and Public Hearing - Resolution R-90-593 - Designation
of Mill Creek as a Natural Area
Mayor Hawkins opened the Public Hearing and read Resolution R-90-593 in
its entirety. Those present wishing to speak were Dale Hodgson, 4600 Behrens
Court, Colleyville.
Councilperson McKnight moved to approve Resolution R-90-593. Council person
Ahlers seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
Councilperson Newton questioned Section 5 of Resolution R-90-593.
10. Reading and Publ ic Hearing - Resol ution R-90-594 - Participation
in Land and Water Conservation Act of 1965
Mayor Hawkins opened the Public Hearing and read Resolution R-90-594 in
its entirety. There being no one present wishing to speak the Public Hearing
was closed.
Council person Newton moved to approve Resolution R-90-594. Mayor ProTem
Lynch seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
The Council moved to agenda item #4.
4. Reading and Public Hearing - Resolution R-90-587 - Case P-90-587
- Case P-90-820 - Replat Approval - Windview Addition - Lots 1
and 2, Block 6 to Lot lr - TABLED
Councilperson Newton stated that the questions he had regarding deed
restrictions and covenants had been answered. Jerald Wolf, 4008 Windermere
Drive, stated the opinon of the Homeowner Association's attorney regarding
the assessment and recommended disapproval of Resolution R-90-587. The
City Attorney stated that different attorneys have different opinions.
Richard Skinner, 3701 Clifford Drive, stated that he has no problem with
the existing deed restrictions.
Councilperson Newton moved to approve Resolution R-90-587 with the following
notation being placed on the Windview Addition plat: The property subject
to this plat at the time of platting is subject to restrictive covenants
of the deed restrictions which mayor may not impose assessment.
Councilperson McKnight seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
11. Reading and Public Hearing - Resolution R-90-592 - Resolution
CITV COUNCIL
MINUTES
May 15, 1990
Page 6
to Deny the Rate Request by TU Electric Company
Mayor Hawkins opened the Public Hearing and read Resolution R-90-592 in
its entirety. There being no one present wishing to speak the Public Hearing
was closed.
Council person Newton moved to approve Resolution R-90-592. Council person
McKain seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
Counci 1 person Newton moved to include the summary report prepared by
Diversified Utility Consultants Inc., as an exhibit to Resolution R-90-592.
Mayor ProTem Lynch seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
12. Reading and Public Hearing - Resolution R-90-595 - Resolution
to Change Street Name - Rolling Ridge Court to Coventry Place
in the Stone Crest Estates
Mayor Hawkins opened the Public Hearing and read Resolution R-90-595 in
its entirety. There being no one present wishing to speak the Public Hearing
was closed.
Councilperson McKnight moved to approve Resolution R-90-595. Council person
Ahlers seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
ACTI ON ITEMS :
13. Discussion and Consideration of Chamber of Commerce Update on
Economic Development Program
This agenda item was withdrawn. This item will be discussed at a joint
meeting of the City and the Chamber to be held on May 21, 1990.
14. Discussion and Consideration the Restrictions of Hazardous Material
being transported thru Colleyville requested by Renee Lawrance
Renee Lawrance, 2902 Scarborough Lane, spoke to the Council
restrictions of hazardous material being transported thru the
Colleyville. Acting City Manager Draz stated that the staff is
working on this issue.
Mayor ProTem Lynch moved to instruct: I} Chief Bailey to continue to research
this issue and to work with Mrs. Lawrance on this issue; and 2) to provide
information to the Council at the next meeting. Councilperson Ahlers seconded
the motion. The vote being:
regarding
City of
currently
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
CITY COUNC I L
MINUTES
May 15, 1990
Page 7
15. Discussion and Consideration of Amendment to Subdivision Control
Ordinance to require the As-Built certification be provided by
the developer prior to subdivision acceptance as requested by
Mayor Hawkins
Mayor Hawkins provided information to the Council regarding this agenda
item. The Council agreed to have the staff draft an ordinance to be reviewed
by the City Attorney for the next Council meeting.
16. Discussion and Consideration of request for proposals for a Master
Plan Update requested by Council person Newton
Acting City Manager Draz provided information to the Council. Councilperson
McKnight recommended a joint meeting with the Planning and Zoning Commission.
Mayor ProTem Lynch stated that the Council needs to analyze how the update
process fits into the impact fee ordinance currently in place. Councilperson
Newton stated that, in his opinion, the three key areas of the proposal
were the land use plan, the thoroughfare element and the Capital Improvements
Program. Mayor ProTem Lynch recommended two (2) key areas: 1) Land Planning;
and 2) Capital Improvements Program with parti cul ar emphasi s on thoroughfares
and water systems. Acting City ~1anager' Draz stated that the staff will
revi se the scope of the Request for Proposa 1 to refl ect the comments of
the Council.
17. Discussion and Consideration of Adopting a Mandatory Park Land
Dedication Ordinance requested by Mayor Hawkins
Mayor Hawkins provided background information to the Council regarding this
issue. Councilperson Newton requested a summary of mandatory park land
dedication ordinances from other cities in the area. Acting City Manager
Draz recommended that the Park Board review this issue.
18. Discussion and Consideration of Beginning Abatement Proceedings
Substandard Structure Located 101 White Drive
Council person Newton moved to establish the Public Hearing date for 101
White Drive on June 19, 1990. Council person Ahlers seconded the motion.
The vote being:
Ayes:
Noes:
Ahlers, Newton, McKain, Lynch, McKnight
None
19. Discussion and Consideration of Selection Process for City Manager
Acting City Manager Draz provided the Council with a list of
and a draft job announcement. Mayor ProTem Lynch suggested that
i nvo 1 ve the Counci 1 of Governments. Council person Newton
information to the Council as provided by Robert McDaniel.
suggestions
the Counci 1
distributed
STAFF REPORTS:
20. Ci ty Manager I s Report - Budget Report
CITV COUNCIL
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May 15, 1990
Page 8
The City Manager's Report was given during the briefing.
CITIZEN COMMENTS:
21. Citizen Comments/Presentation Regarding Items Not on the Agenda
Mary Schreder, 4814 Shadywood Lane, requested that the Council not shut
off the citizens of Colleyville on issues that they feel important e.g.,
recycling issues. Ms. Schreder addressed Mayor Hawkins regarding following
the procedures of Robert's Rul es of Order. Mayor ProTem Lynch exp 1 a i ned
to the citizens why he felt that comments regarding overriding of the Mayor's
veto were not appropriate at this meeting.
22. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2
paragraph f - Willis Potter, Acquisition of Property and approve
settlement
David Hardy, Threat of Litigation
Marie Powell, Litigation against Sandlin, the City
and Cantrell
Mayor Hawkins explained that the executive session had been called in
accordance with Article 6252-17, Section 2 paragraph f - Willis Potter,
Acquisition of Property and approve settlement, David Hardy, Threat of
Litigation, Marie Powell, Litigation against Sandlin, the City and Cantrell
and that no action would be taken during this time. The meeting was recessed
at 10:49 p.m. The meeting was reconvened at 11:03 p.m.
23. Possible Action on Executive Session - In accordance with Article
6252-17 Sec 2
paragraph f - Willis Potter, Acquisition of Property and approve
settlement
David Hardy, Threat of Litigation
Marie Powell, Litigation against Sandlin, the City
and Cantrell
Mayor Hawkins reported that during the Executive Session the Council desires
to approve the settlement with Mr. Willis Potter and arrange a payment option
for Mr. David Hardy.
24. Discussion and Consideration of a Resolution Ratifying Council
Agenda Action for the Meeting of May 15, 1990 - Reading and Public
Hearing - Resolution R-90-596
Mayor Hawkins opened the Public Hearing and read Resolution R-90-596 in
its entirety. There being no one present wishing to speak the Public Hearing
was closed.
Councilperson Ahlers moved to approve Resolution R-90-596. Counci 1 person
McKain seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
C ITV COUNC I L
MINUTES
May 15, 1990
Page 9
MISCELLANEOUS ITEMS BY THE COUNCIL: None
25. ADJOURNMENT
Councilperson Ahlers moved to adjourn the meeting at 11:06 p.m. Counci 1 person
McKain seconded the motion. The vote being:
Ayes: Ahlers, Newton, McKain, Lynch, McKnight
Noes: None
J:1I:mitt~~~
'LaVada Johnson 0
City Secretary
Approved on:
()LL~ ~ /990 tM--a/!7Lf~~
Note: As a matter of public record, an audio recording of the above Council
meeting is available upon request.
DMcW;
CITY MANAGER'S REPORT
PREPARED BY: ACTING CITY MANAGER
CITY COUNCIL, MAY 15, 1990
Flood Damage / Response / Federal , State Assistance / Fol-
lOw-up
As a result of the heavy rains and resulting flooding, the
city experienced significant damage to roadways, drainage
structures and some water lines. Emergency repairs were
immediately undertaken and have been completed. More perma-
nent repairs are underway and will be for quite some time.
Public Works crews are "swamped" with drainage system clean-
outs.
The Mayor, City Manager and Fire Chief attended a meeting on
Friday, May 11th in Grand prarie concerning the Federal Emer-
gency Management Agency's (FEMA) programs for disaster assis-
tance. Tarrant County has been declared eligible for the
"Individual Assistance Program" whereby individual property
owners can apply for state and Federal Disaster Assistance.
Tarrant County has not been declared for "Public Assistance"
as of this date. This means that any losses experienced by
public entities, such as the City, will not be considered for
disaster assistance.
TRA Water Line - summertree
TRA has awarded the contract for the construction of the 30"
water line on Pool Road. It is anticipated that a work order
for construction will be issued by the end of May. The out-
standing issue between TRA and Chandler-Cantrell concerning
TRA's construction of the water line on Pool Road has been
resolved. It is anticipated that TRA will be contacting the
city shortly concerning the pre-construction conference. In
addition, TRA is aware of our road construction project on
Pool Road planned for this summer and indicated that they
will move as quickly as possible to complete their project so
that we can follow-up with the road construction.
Budget preparation Process
City staff have begun preparing budget documents for the
upcoming budget process. Initial documents will be reviewed
by administration during first two weeks of June. Pre-budget
worksessions between City Council and staff will tentatively
be scheduled for the last part of June or the first part of
July.