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HomeMy WebLinkAboutCity Council-Minutes-8/2/1988 CITY COUNC I L MINUTES AUGUST 2, 1988 '0- ~~,i~ "' (}/\, ' -\ ~1 The meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on August 2, 1988, at 7:40 p.m. Ro 11 Call: Counc il person Doug Bl emi ngs , Chri s Hawkins, Beth Myers, John Lynch, and Ed McKnight were present. Mayor Buck Hubbard, City Manager Robert McDaniel, City Attorney Ross Foster, Fire Chief Darrel II Red II Bailey, Police Chief Don Steele, Director of Public Works Lloyd Wood, City's Engineering Consultant Gary Fisher, and City Secretary LaVada Johnson were also present. Invocation: Council person Ed McKni ght gave the i nvocati on after whi ch City Attorney Ross Foster lead the Pledge of Allegiance to the flag. Approval of Minutes: July 19, 1988 Councilperson Blemings moved to approve the minutes of July 19, 1988 as presented. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none Correspondence: none City Manager's Report: City Manager McDaniel briefly discussed the City Manager's Report dated August 2, 1988 (see attached). Citizens wishing to speak to the Council concerning items not on the agenda: 1. Steve Symonds, 109 Quail Run, congratulated Mayor Hubbard on the Grand Jury verdict; 2. Bert Stevens and Don Wood, from the Soccer Association that stated they want to be included in the budget work sessions. 1. 3rd Reading and Public Hearing - Ordinance 0-88-683 - An Ordinance amending zoning ordinance - (Z-88-666) City of Colleyville - initiate zoning on Abstract 232, Tracts lA, IB, and lC and Neidholt Addition Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-683 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A TRACT OF LAND SITUATED IN THE D.J. BEDDO SURVEY, ABSTRACT NO. 232, TRACTS lA, 1B, lC, TO THE CITY OF COLLEYVILLE TO AG AND THE NEIDHOLT ADDITION BLOCK 1, LOTS 1, 2, AND 3, TO THE CITY OF COLLEYVILLE, TEXAS TO R-30; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION There being no one present wishing to speak the Public Hearing was closed. Council person Hawkins moved to approve Ordinance 0-88-683. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none CITY COUNCIL MINUTES AUGUST 2, 1988 Page 2 2. 3rd Reading and Public Hearing - Ordinance 0-88-684 - An Ordinance repealing the sales tax exemption on telecommunication services Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-684 AN ORDINANCE RELATING TO TAXATION TO TELECOMMUNICATIONS SERVICES, AUTHORIZING THE TAXES PROVIDED FOR IN HOUSE BILL 1949 THROUGH REPEAL OF THE APPLICATION OF THE EXEMPTI ON AS AUTHORI ZED BY SECTI ON 4B (b) OF ARTI CLE 1066c V. A. T. C. S. ; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICATIONS SERVICE PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, CHARTER PROVISIONS, STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF COLLEYVILLE; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There being no one present wishing to speak the Public Hearing was closed. Councilperson McKnight moved to approve Ordinance 0-88-684. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 3. 2nd Reading and Publ ic Hearing - Ordinance 0-88-686 - An Ordinance Amending the Southwestern Bell Telephone Franchise Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-686. There being no one present wishing to speak the Public Hearing was closed. 4. Discussion and Consideration of Resolution adopting the City Logo - Reading and Public Hearing - Resolution R-88-384 Mayor Hubbard opened the Public Hearing and read Resolution R-88-384 in its entirety. There being no one present wishing to speak the Public Hearing was closed. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, ADOPTING A LOGO FOR THE CITY OF COLLEYVILLE, TEXAS. Councilperson Hawkins moved to adopt Resolution R-88-384. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 5. Discussion and Consideration of the appointment for the Planning & Zoning Commission - Councilperson MYers This will be on a later agenda. 6. Discussion and Consideration concerning the purchasing of bullet proof vest for the Police Department CITY COUNC I L MINUTES AUGUST 2, 1988 Page 3 Mayor ProTem Lynch moved to authority Chief Steele to prepare and adverti se for bids and the City Manager McDaniel certify funds to pay for purchase of the bullet proof vests. Chief Steele is to contact three cities to join in the bid request to obtain a lower price if possible. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 15. Discussion and Consideration of the Perimeter Street Ordinance - Councilperson Hawkins Council person Hawki ns expl a i ned that he proposed to amend the present perimeter street ordi nance to remove the escrow portion except in regard to streets that were on the present thoroughfare plan and refund the money that had been paid for escrow. The City Attorney is to draft an ordinance. 7. Discussion and Consideration of granting a waiver for the curb and gutter escrow fee for Lot 1 Block 1 Donnis Addition as requested by Frank L. Whitmire Mayor ProTem Lynch moved that the City accept a notation on the plat that no certificate of occupancy shall be issued until all escrow fees have been paid on Lot 1 Block 1 of the Donnis Addition with an adequate provision for the payment of the required escrow fees. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 8. Discussion and Consideration of granting a waiver for the curb and gutter escrow fee for Baca Addition as requested by Richard Baca Councilperson Hawkins moved that the City accept a notation on the plat that no certificate of occupancy shall be issued until all escrow fees have been paid on the Baca Addition an adequate provision for the payment of the required escrow fees. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 9. Request to speak to the Council - Laura Harden in regard to the Grand Jury decision pertaining to Mayor Hubbard and Dick Ballenger Laura Harden, 6609 Herbert spoke to the Council concerning the grand jury decision and stated that the investigation should have been conducted as outlined in the City Charter. 10. Request to the speak to the Council - Mike Sandlin, Highland Meadows, Phase 2 appealing the decision of the Planning and Zoning Commission vote to deny Mi ke Sandl in requested that hi s item be deferred to the end of the agenda for a work session. CITY COUNCIL MINUTES AUGUST 2, 1988 Page 4 11. Discussion and Consideration of Resolution Approving Highway Department Minute Order concerning Cheek Sparger Road from State Highway 26 to Wood Park Lane - Reading and Public Hearing - Resolution R-88-385 Mayor Hubbard opened the Public Hearing and read Resolution R-88-385. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Lynch suggested that the City of Bedford be contacted to establish a cooperative spirit between the two Cities. This item will back on the agenda after the meeting with the City of Bedford. The following two items were deleted from this agenda to be placed on the next agenda. 13. Discussion and Consideration of Amending Personnel Policies - Councilperson McKnight 14. Discussion and Consideration of Rules of Procedures for the Council - Mayor ProTem Lynch 12. Discussion and Consideration of procedure for the appointment of P&Z Commissioners and Board of Adjustment members - Mayor ProTem Lynch Mayor ProTem Lynch suggested that the Counci 1 establ ish a pol icy to be used to fi 11 all Commissions and Board within the City. 16. Appointment of Councilperson Beth Myers as the Chamber of Commerce ex officio Board member representing the City Council as requested by Mayor Hubbard Mayor Hubbard removed this item. 17. Discussion and Consideration of bids for concrete sidewalks Mayor ProTem Lynch moved to accept the recommendation of the Director of Public Works and approve the bid from Jennings Construction Company in the amount of $11,160.00 with the City providing all materials for the concrete sidewalks. Councilperson McKnight seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, lynch, McKnight Noes: none 18. Discussion and Consideration of bids for 188 street improvements Councilperson Hawkins moved to accept low bid of $105,644.15 by Gibbons Construction Company for the '88 street improvements. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 19. Discussion and Consideration of bids for material for Briarwood Drainage Councilperson Blemings moved to approve the purchasing of pipe with fitting and the inlet boxes from Gifford Hill in the amount of $13,153.70 and the head wall from American CITY COUNCIL MINTUES AUGUST 2, 1988 Page 5 Industries in the amount of $600.00. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 20. Discussion of the need to amend the Zoning Ordinance - Section 27.2 requlrlng that property must be platted to obtain a building permit - Mayor Hubbard This item will be on the next agenda. 21. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e Discussion of Litigation Builders, et.al. vs City of Colleyville This item was not necessary. 22. Consideration and Possible Action on EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph e - Litigation - Builders, et.al. vs City of Co 11 eyvi 11 e 23. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of August 2, 1988 - Reading and Public Hearing - Resolution R-88-386 Mayor Hubbard opened the Public Hearing and read Resolution R-88-386 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Counci 1 person Myers moved to approve Resol ution R-88-386. Mayor ProTem Lynch seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none The Council had a work session with Mike Sandlin concerning Highland Meadows II. Councilperson Myers moved to adjourn the meeting at 11:46 p.m. Council person Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none Respectfully submitted ~~~ City Secretary lvj ~.Id: It I /?f/ 114- ~(~ Approved on: - CITY MANAGER'S REPORT AUGUST 2, 1988 1) PUBLIC WORKS PROJECTS The following indicates current status report of various public works projects currently under way. A. Hall Road Water Tower-The valve was opened on the new water to\'ier on July 21, 1988. Currently we are maintaining about 20 foot of water in the tower which is functional but not fully utilized because of the limitation of the feed line being only a 6" line. After the proposed Phase II water line improvements the tower will be feed with a 16" line. A substantial improvement in the water level of the Bransford tower has been noticed since the City turned on the Hall tower. B. Big Bear Creek Interceptor Repair-Wright Construction Company has started on the contract to repair the BBC sewer line. Two of the eight areas to be repaired have been completed. However, there wi 11 be two change orders forth coming, one for 21 feet of Ductile iron pipe and the other for 6 feet of PVC pipe. C. Temporary Sidewalk for D.C. Taylor Elementary-The chip seal sidewalk on Pool Road has been completed by City crews. Plans and specifications for the sidewalks on Pool and Glade Road have been sent out, bid opening is set for August 1, 1988. D. Headwall Repair at loD. Lockett-As you recall Rhodes Construction Company was the low bi dder on the Headwall repair on L. D. Lockett Road ($6000). They plan to start this job the first week of August and will provide the materials necessary for the job. E. Bid Specifications for Phase I start advertising for bids on (Hall Road) on August 7, 1988. August 16, 1988. Water System Improvements-~~e wi 11 Phase I water line improvements Bid opening will be at 2:00 p.m. F. County Road Work-The County has completed the chip seal portion of the street improvements. They still have Pleasant Run and Qua il Run to complete with 2" of hot mi x aspha 1t. 2) WORK SESSION REMINDER Please be advised that Work Sessions have been set for the following dates. August 9, 1988-ParsonsjBrinkerhoff and Comrrunity Land Resources on impact fees. August 15, 1988-Community Center di scuss i on with City Council, Planning and Zoning Comrr:ission and Community Center Comrr,ittee. 3) BUDGET FISCAL 88/89 The City Manager plans to complete the proposed budget on Wednesday, August 3, 1988. The first public hearing on the proposed budget is set for August 16, 1988 to allow for three (3) public hearings for adoption by the last meeting in September. In order to have a work session prior to that first public meeting, the City Manager suggest the following dates for work sessions to allow Council the opportunity to get a thorough feel for the budget before the first public hearing. Saturday, August 6, 1988 Thursday, August 11, 1988 Saturday, August 13, 1988 Tuesday, August 23, 1988 9:00 a.m. 7:00 p.m. 9:00 a.m. 7:00 p.m. if needed Council feedback regarding these proposed dates for Budget Work Sessions would be appreciated. 4) THANK YOU FOR LIGHT FIXTURE DONATION Attached please find a copy of a letter from the City Manager to Mr. Ed Carney and to Councilmember Doug Blemings for the donation of Lightolier light fixtures no longer used by their company. The value of those light fixtures well exceed $2000.00 and will be of great savings to the City for our lighting fixture needs in the future. The City Manager would like to thank Councilmember Blemings and Lightolier Corporation for their donation to the City of Colleyville. If you see a fancy 1 i ght fi xture in City Ha 11 please check before you question the apparent purchase. 5) WHATABURGER IMPACT FEE UPDATE Attached please find a copy of a traffic impact analysis by Mr. Mark Thompson of Deshazo, Starek and Tang, Inc. for a proposed 2488 square foot Whataburger Restaurant located on the Baker Development Property next to K-Mart. The impact fees due on that structure under the current ordinance would be $55,913.00 without any credits which are available from Baker Development for improvement made to the City's Master Plan. The City Manager understands from Mr. Thompson that Whataburger is negotiating with Baker Development for credits and we should receive a request for credit application on Whataburger impact fees shortly. 6) VOLUNTEER FIRE DEPARTMENT BINGO Attached please find a copy of Chief Bailey's memo outlining proposed participation by the Colleyville Volunteer Fire Department in State approved bingo. This funding source is allowed under laws regulated by the State Comptrollers' Office. That law basically gives volunteer and auxiliary organizations of a non profit nature the opportunity to raise funds through bi ngo proceeds. The 1 aw allows bi ngo participation subject to some limitations which include the right of governing board to request an annual report of the proceeds. The City Manager brings thi s to Counci 11 s attention for your information before Chief Bailey proceeds with the application for a bingo permit. As indicated in Chief Bailey's note, the City Manager would request that an annual report be prepared and submitted for the Council IS review regarding receipts and disbursements of funds received. It is not the City Managerls intent or plans to recommend that any proceeds raised from this revenue source result in a offsetting reduction in the Fire Department's budget but rather to continue the volunteers support and commi tment to provi de quality fi re and the EMS servi ce to the citizens. This funding source would be used by the volunteers to help equip, staff and train that valuable contingent of our Fire and EMS service level. 7) POSITION VACANCY Please be advised that a position vacancy exist for a police officer following the resignation of Officer Tom Shepard. Posting has been made for this vacancy in compliance with City Personnel Policies. 8) JAILI N BAIL Attached please find a copy regarding a recent Jail I n Bail activities which raised $17,000.00 for the Muscular Dystrophy Association. Your City Manager had the pleasure of receiving the most arrest warrants for Colleyville IIJail Birdsll. For all of those who thought so highly of the City Manager, I appreciate their efforts to help the Muscular Dystrophy Association. 9) MOSQUITO SPRAYING The Director of Publ ic Works reports that the City of Bedford has assisted Colleyville in spraying for mosquitoes on Tuesday night July 26, 1988. Attached please find a copy of our note of appreciation from the Director of Public Works to Bedford for their assistance. 10) NOTE OF APPRECIATION TO FIRE DEPARTMENT Attached please find a copy of a note of appreciation sent to Chief Bailey for assistance given by the Fire Department in a recent incident involving a horse's leg caught in a stall door. 11) TINKER ROAD TRAFFIC SIGNAL Attached please find a copy of a letter from the State Highway Department indicating that they will be evaluating this intersection for signalization. We will follow up regarding the specifics of where they plan to conduct their traffic analysis. 12) TML UPDATE/SPORTSMEN'S CLUB OF TEXAS et. al. Attached fi nd an update from TML Re: the status of thi s 1 awsui t, the negative outcome of which will adversely and significantly affect waste water costs/rates. 13) POLICE COMMENDATION Please be advised that Chief Steele has commended the service of Officer Gary Morris for his performance as acknowledged by Martha Gibson. 14) MOBIL GAS STATION LEAK Chief Bailey reports that a complaint was issued by Southwestern Bell to the Texas Water ComITission concerning the smell of gasoline in the manholes. It has since been discovered that the Mobil Station located at 400 Highway 26 has a leak in the fuel line going from the tank to the pump. The Fire Department will be monitoring the situation and will inform the City as to any new information. Respectfully Submitted, RTMcD/czf ~o~K..ti 'J - CfY:'- ~,~):tr(\~.tQQ," ~~C~ Robert T. McDaniel City Manager