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HomeMy WebLinkAboutCity Council-Minutes-5/15/1990 C ITV COUNC I L MINUTES May 15, 1990 ~&~lliD 1 ~ _& --91) ~0f 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 MINUTES 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.