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HomeMy WebLinkAboutCity Council-Minutes-6/21/1988 CITY COUNCI L MINUTES June 21, 1988 ~g The meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on June 21, 1988, at 7:30 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 Hawkins gave the invocation after which Mayor Hubbard lead the Pledge of Allegiance to the flag. Approval of Minutes: June 7, 1988 Councilperson Hawkins moved to approve the minutes of June 7, 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 June 21, 1988 (see attached). Mayor ProTem Lynch stated that a procedure needed to be establ ished to prevent a plat being approved by default in the future. Council person McKnight requested that plat approval be returned to the Planning and Zoning Commission where it belonged. Council person Hawkins reported that there would be a report from the Logo Committee at the next meeting. Citizens wishing to speak to the Council concerning items not on the agenda: none OLD BUSINESS: 1. 3rd Reading and Public Hearing - Ordinance 0-88-676 - An Ordinance Amending Zoni ng Ordi nance pertai ning to Accessory Buil ding, Temporary Buil dings, Maximum fence height, scale of zoning exhibits and other misc. items Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-676. AN ORDINANCE AMENOING THE COLLEYVILLE ZONING ORDINANCE BY ADDING THERETO A SECTION PROVIDING FOR TEMPORARY USES, ADOPTING REGULATIONS, LIMITING THE USE OF TEMPORARY BUILDING; MODIFYING THE MAXIMUM HEIGHT OF SCREENING ELEMENT AND FENCES; ADOPTING MINIMUM SCALE FOR ZONING EXHIBITS AND REVISING SECTION 33.3 TO ENCOURAGE PETITIONERS TO MEET WITH CITY STAFF IN AN INFORMAL WORK SESSION, PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. CITY COUNC I L MINUTES JUNE 21, 1988 Page 2 Those present wishing to speak were as follows: Bud Davis, 4400 Meandering Way objected to Section 3.A. (5); Doug McCowan, 5200 Coventry Court, questioned effect ordinance would have on existing structure; Larry Gable, 407 Morison Drive, Euless - opposed to the 15 ft. height of accessory buildings; Mike Taylor, 5209 Coventry Place questioned accessory buildings. There being no one else present wishing to speak the Public Hearing was closed. After a lengthy discussion, Councilperson Blemings moved to approve Ordinance 0-88-676. The motion died for lack of second. Counci 1 person Hawkins moved to return to Planning and Zoning Commission for a recommendation on suggested changes to Ordinance 0-88-676 and table this item until the Planning and Zoning Commission makes a recommendation. Mayor ProTem Lynch seconded the motion. The vote being: Ayes: Hawkins, Myers, Lynch, McKnight Noes: Blemings 2. 3rd Reading and Public Hearing - Ordinance 0-88-679 - An Ordinance Amending Ordinance 0-87-667, An ordinance regulating perimeter street requirements Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-679. AN ORDINANCE AMENDING PART 1 OF SECTION 6 OF CHAPTER 9 OF THE COLLEYVILLE CODE BY PROVIDING THAT SUBDIVISIONS OF 5 ACRES OR LESS FRO RESIDENTIAL PURPOSES SHALL BE REQUIRED ONLY TO PAY FOR THE COST OF CURBS,GUTTERS AND DRIVEWAY APRONS ABUTTING SAID SUBDIVISION. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Lynch moved to table Ordinance 0-88-679. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 3. Discussion and Consideration of the request by J.R. Laney to be paid for sick days earned before his retirement Councilperson McKnight moved to pay Mr. J.R. Laney $4,990.48 for the 53 sick days that he had accrued during his employment. Councilperson Myers seconded the motion. The vote being: Ayes: Myers, Lynch, McKnight Noes: Blemings, Hawkins Councilperson McKnight requested that an item be placed on the agenda to discuss the clarification of the Personnel Policy in regard to retirement. 4. 2nd Reading and Publ ic Hearing - Ordinance 0-88-680 - Ordinance deleting any reference in Section 12 to single family uses and prohibiting single family uses in R-D zoning, Declaring an effective date CITY COUNC I L MINUTES JUNE 21, 1988 Page 3 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88-680. There being no one present wishing to speak the Public Hearing was closed. 5. Discussion and Consideration of the paving of Oaks and Briarwood Subdivisions streets - Councilperson Blemings Councilperson Blemings moved to instruct the Staff to draft an ordinance to determine how the streets woul d be reconstructed and using the fundi ng source of the City, Lot owners or a combination of the two. Council person Hawkins seconded the motion. The motion and the second were withdrawn after discussion by the Council. It was decided to expand the Street Committee to include citizens from the different subdivisions to work wi th thi s commi ttee. After the Street Commi ttee has an opportuni ty to meet, there is to be a draft ordinance presented to the Council for discussion. Those present speaking were Denny Theldkeld and Frank Carlin. 6. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of June 21, 1988 - Reading and Public Hearing - Resolution R-88-378 Mayor Hubbard opened the Public Hearing and read Resolution R-88-378 in its entirety. Council person McKnight moved to approve Resolution R-88-378 that approved J.R. Laney be paid for his accrued sick days. Mayor ProTem Lynch seconded the motion. The vote being: Ayes: Myers, Lynch, McKnight Noes: Blemings, Hawkins NEW BUSINESS: 1. 1st Reading and Public Hearing - Ordinance 0-88-681 - Amending the Colleyville Code by providing that the prel iminary plan and final plat shall be drawn to a scale of no less than 1 inch to 100 feet Mayor Hubbard opened the Publ ic Hearing and read Ordinance 0-88-681 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 2. 1st Reading and Public Hearing - Ordinance 0-88-682 - Amending the Perimeter Street Ordinance to allow paving of 1/2 of the street Mayor Hubbard opened the Public Hearing and read Ordinance 0-88-682 in its entirety. Those present wishing to speak were as follows: Cary Hy, Vice President Production, Larry Cole Companies, 807 Forest Ridge, Suite 104, Bedford, Texas, 76022. There being no one else present wishing to speak the Public Hearing was closed. 3. Discussion and Consideration of Resolution establishing a kennel for impounding stray animals - Councilperson Myers - Reading and Public Hearing - R-88-379 Mayor Hubbard opened the Public Hearing and read Resolution R-88-379 in its entirety. Those present wishing to speak were as follows: Lynn Bural, 5104 Chelsea. There being no one else present wishing to speak the Public Hearing was closed. CITY COUNCIL MINUTES JUNE 21, 1988 Page 4 Councilperson Myers moved to approve R-88-379. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 4. Discussion and Consideration of Appointment of a Representative for the GCISD Citizens Advisory Committee Councilperson Myers moved to appoint Councilperson Ed McKnight to serve as the representative for the GCISD Citizens Advisory Committee. Council person Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, ~ers, Lynch Noes: none Abstained: McKnight 5. Request to speak to the Council - Opal Ethridge, 5309 Pleasant Run Road, concerning conducting out of City meetings Opal Ethridge, 5309 Pleasant Run Road spoke to the Council in regard to meetings that the City Council had outside of the City Limits. 6. Request to speak to the Council - Dale Hodgson, Box 310 - Colleyville Boulevard concerning a request for water service outside of City Limits of Colleyville in the City of Hurst Dale Hodgson requested that the City allow his property located in the City of Hurst be served with water and sewer servi ce. Mayor ProTem Lynch requested that thi s item be placed on the next agenda for action by the Council. 7. Discussion and Consideration of extension of time on agreement with Hills of Central Park David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054, spoke to the Council request a clarification on when the agreed upon 90 days extension of time with the Hills of Central Park in regard to their Letter of Credit. Councilperson Hawkins moved that the ninety days agreed upon by the Council would start on May 16, 1988 the day the Letter of Credit was issued. Councilperson Myers seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 8. Discussion and Consideration of request for a building permit for Ross Downs David Washington, President of Washington and Associates, Inc., 500 Grapevine Highway, Suite 375, Hurst, Texas, 76054 representing Ross Downs requested that a building permits be issued to complete the project started before the ordinance was being enforced.. I concerning property having to be platted. The Council after a lengthy discussion suggest~ that Mr. Washington start his platting process as soon as possible with no building permit being issued until this requirement had been met. CITY COUNCIL MINUTES JUNE 21, 1988 Page 5 9. Discussion and Consideration of repealing the sales tax exemption on telecommunication services Gary Terry, Area Manager of Exterior Affairs Southwestern Bell Telephone, 1240 Park Pl ace, Hurst, Texas 76053 spoke to Council concerni ng the repeal of the sales tax exemption of telecommunication services. This item will be on the next agenda as a 1st Reading and Public Hearing. 10. Discussion and Consideration of a Resolution Supporting MetroPort Cities Economic Development - Reading and Public Hearing - Resolution R-88-380 - Councilperson Hawkins Mayor Hubbard opened the Public Hearing and read Resolution R-88-380 in its entirety. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Blemings moved to approve Resolution R-88-380. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none Mayor Hubbard recommended Councilperson Hawkins as the Cityls delegate to the MetroPort Cities Economic Development Committee. 11. Discussion and Consideration of the Proposed Water and Wastewater Rate Study The Council decided that this item would be delayed until a later date after other factors involved with the study had be handled. 12. Discussion and Consideration of Approval of Agreement with Terry Brown Councilperson Hawkins moved to ratify the agreement with Terry Brown and to authorize the Mayor to sign the agreement. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 13. Report - City Vehicle Use by City Employees The Mayor removed this item from the agenda stating it would be taken care during the budget. 14. Budget Report This item was removed to be discussed until later. 17. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of June 21, 1988 - Reading and Public Hearing Resolution R-88-~i . .3RIA .3~/IIH Hubbard opened the Public Hearing and read Resolution R-88-.J.7.9. in its entirety.--t/ being no one else present wishing to speak the Public Hearing was closed. Mayor There CITY COUNC I L MINUTES JUNE 21, 1988 Page 6 Councilperson MYers moved to approve Resolution R-88-379 that being to appoint Councilperson McKnight as the representative of the City with the GCISD Advisory Committee; that the settlement agreement with Terry Brown be approved and the Mayor authorized to execute same. Councilperson McKnight seconded the motion. The vote being: Ayes: Blemings, Hawkins, Myers, Lynch, McKnight Noes: none 15. EXECUTIVE SESSION - In accordance with Article 6252-17 Sec 2 paragraph g Discussion of Personnel - Police - Patrolman Tom Shepard Mayor Hubbard exp 1 a i ned that the executive sess i on had been called in accordance with Article 6252-17 Sec 2 paragraph g and that there would no decisions or action taken during this time. The meeting was recessed at 12:55 p.m. The meeting was reconvened at 1:40 a.m. 16. Consideration and Possible Action of EXECUTIVE SESSION In accordance wi th Article 6251-17 Sec 2 paragraph g - Personnel - Police - Patrolman Tom Shepard There was not action on this item. Mayor ProTem Lynch moved to adjourn the meeting at 1:43 a.m. Council person Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, MYers, Lynch, McKnight Noes: none lvj rj!J1' 6: /Ylt / Approved on: CITY MANAGER'S REPORT 1) COUNTY INTERLOCAL AGREEMENT JUNE 21, 1988 As discussed at the last City Council meeting, the City Council approved a interlocal agreement with the County for street repair program. Based on the discussion that followed that approval, the City Manager contacted Jane Sanford of Commissioner Hampton's office. I expressed the desire for the City to revise the Appendix (attached to the interlocal agreement) as reflected in the attached. Please note for your information the revisions have included the adjustments made to extend the work planned for L.D. Lockett Road to Precinct Line Road. John McCa inRoad has been deleted and is to be done by City crews. East Gl ade has been deleted to either be done by the developer and/or City crews. Rose and Cherry Streets have been added as were initially started in the prior year. Public Works is to make water service connections for the proposed water line to prevent destroying the new surface, prior to resurfacing commencing. 2) SOUTHLAKE/COLLEYVILLE STAFF MEETING As a follow up to the Council meeting with the Council members and the City of Southlake, the City staffs of respective Cities (including the City Manager's, the Cities Consulting Engineer's and the Public Works Di rectors) met on Tuesday June 14th to di scuss the poss i bil i ty of cooperating on projects of various interest and need for the two Cities to maintain open communication. Colleyville provided a copy of our Masterplan to the City of Southlake who committed to provide us one as well when completed. Additionally, discussion was entered into regarding the possibility of Southlake using excess capacity in Big Bear Creek Interceptor running along the common border of our two Citi es. 3) PLAT APPROVAL BY DEFAULT Please be advised that Mr. Gary Cantrell, Co-Developer of Summertree Addition in Colleyville has notified the City's Planning and Zoning Commission that he has filed this plat for final approval with the County as allowed by State Law when a municipality fails to act on a plat within the required 30 day period. The chronology of events regarding this plat as follows: 1) April 8, 1988-replat originally filed by Mr. Gary Cantrell with deficiencies. 2) April 15, 1988-Mr. Cantrell submitted revised replats. 3) April 18, 1988-Submitted replat request to the City's Consulting Engineer. 4) May 4, 1988-Received review letter from City's Consulting Engineer 5) May 9, 1988-Scheduled for P & Z work session (meeting cancelled due to City Council Meeting conflict) 6) May 12, 1988-Received revised replat and letter pertaining to Engineers review letter dated May 4, 1988. 7) May 23, 1988-P & Z work session 8) June 9, 1988-Mayor signed "Certificate of Plat Approval" 9) June 13, 1988-P & Z Business Meeting, Mr. Cantrell formally withdrew his case without responding to P & Z direction from the 5/23/88 meeting. This approval by default raises legal questions as to the validity of such since our subdivision regulations states that the plat is not filed until all deficiencies have been met. (This is similar practice that we understand occurs in the City of Hurst). If this is the City's valid legal position, then we would conclude that the plat has not met the procedural requirements of the Subdivision Regulations for filing. Additionally, some significant questions remain to be asked about this replat being a PUD plat which a replat would change, (Re: the open space requirements). The original plat was not submitted to the City's Consulting Engineer for drainage review when originally approved. The revision proposed may have drainage consequences that need review for compliance with the City's drainage ordinance. In addition, TRA needs a pump station in or near this subdivision. Without the dedication as a part of the replat TRA and ultimately Colleyville water consumers will have to pay for that site acquisition. Council's direction in response to this item would be appreciated. 4) CONSTRUCTION WORKS PROJECT STATUS REPORT The Council is advised that the current construction works in progress are at the current state of completion. 1) Hall Road Elevated Water Tower--Problems have developed installing large 24" valves however, correction is expected and plans are to fill the tower the week of the 20th of June. 2) Bi g Bea r Creek Interceptor--Pre-Constructi on conference was held on Friday, June 17th at 2:00. Temporary construction easements have be obtained but need to be filed at the County. Contractors expects to begin work the first week of July. 3) Phase II water line extension currently is awaiting the required soil conditions consulting work for the preparation of trench safety specifications proceedent to completing final construction speci fi cati ons. 4) Drainage Improvements near the Kirklands are in the process of advertising for concrete work needed. Award of contract expected June 28, 1988 at 2:00 p.m. 5) The Oaks and Briarwood Drainage Channel Improvements-City crews will start drainage on Quality Hill in the later part of July. 5) POTENTIAL ZONING VIOLATION Recent P & Z Mi nutes of April 11, 1988 record that Mr. Tom Day of 4801 Jim Mitchell West had requested a Special Use Permit to allow for servant quarters at the rear of hi s residence at that 1 ocati on. That request was recommended for denial by P & Z. As a result Mr. Day subsequently removed his request for a special use permit to allow servants quarters. Since that denial Mr. Day presented plans to the building department and acquired a building permit for the construction essenti ally of the same facil ity. The techni ca 1 difference in the plans find that the connecting area was revised to include a conditioned air space with both heat and air conditioning. Technically this revision made the proposed construction an extension of the existing dwell ing and not a detached 1 iving quarters which is currently permitted. However, as a result of Mr. Day's action neighbors have raised questions about this construction. The neighbors and Mr. Day were since notified of the circumstance that any use of his property for servants quarters would be in violation of the City's Zoning Ordinance and would be subject to Zoning compliance. We have subsequently learned that the building department did not verify the platting requi rements of thi s property. Had thi s been done they woul d have discovered that this property was not platted and thus according to Section 27.2 of the City Zoning Ordinance a building permit should not have been issued for thi s property. Thi s was one of the primary reasons the Director of Public Works issued his memo the Building Department on May 16, 1988 regarding permitting unplatted property. 6) WATER WELL APPROVAL The City Manager reminds the City Council that Section 2.04 of the City's Water and Sewer Pol icy indicate that no water well permits will be issued until approved by the City. It is not clear as to whether that represent the City Council or the City Admi ni strati on. To facilitate a reduced effort, the City Manager has interpreted that policy to mean subject to the approval of the City Manager. Therefore, we have adopted the following general guidelines that water well permits will be approved provided that the building of those wells is in compliance with State Law and will not interfere with the City's existing well fields surrounding the eight Puluxy Wells located within the City limits. Additionally, the building requirements setbacks will be required to be honored. We will list our water well permit requests on the next City Manager's report. 7) BUDGET PROCESS The City Manager reminds the City Council that the staff is entering into the critical stage for budget preparation. We would appreciate your acceptance of any delayed response to some request of the City Manager during thi s peri od as we try meet the time requi rements of submitting a budget. 8) LOGO RESPONSES Please be advised that the City Logo Committee has received 1250 responses to surveys previously mailed. This is an excellent response and Logo Chairmen Chris Hawkins and Doug Blemings plan to brief the Council and the Logo Committee later. 9) SALES TAX INFORMATION Attached please find a news release from the Comptrollers Office indicating that sales tax increases are increasing due, in his opinion, to an economic recovery in the State. Additionally, you will note on his report that the City of Colleyville receipts year to date (calendar year) are up 7.05 percent. Considering the County overall total of increase for the same period of 6.08 percent, the City Manager feels that Colleyville's sales tax for this period of time appears to be encouraging. 10) CONET BRIEFING Attached please find a briefing from Dannenbaum in reference to the North Tarrant County Freeway (NTCF). Note that a new alternate called lID through Colleyville does offer, according to Russell some advantages. This was the route generally proposed by Terry McCain. 11) EMPLOYEE LUNCHROOM To provide a time when employees can eat their lunch in a reasonable degree of privacy, we will be posting signs at and in the break room which establishes employees only periods from 11:30 a.m. to 1:30 p.m. daily (M-F). We trust that the public can understand this need and recognize that such facility restrictions are common practice in other public agencies (i.e.. schools, post office, etc.) 12) SEWER LINE-BLUEBONNET Please be advised that Jim Moore's sewer line on Bluebonnet has been substantially completed as of June 15, 1988. 13) BRANSFORD ROAD HISTORICAL MARKER On Saturday June 11, 1988 the dedication ceremony for the Texas Historical Marker on Bransford Road was held. The ceremony was attended by Counci 1 person Beth Myers and Mayor Pro Tem John Lynch. A speci a 1 thanks to Lloyd Wood and hi s crew for the efforts made in cleaning up this area for the ceremony. Please see Mrs. Dee Barker's comments attached. Respectfully Submitted, ~ Robert T. McDaniel City Manager RTMcD/czf