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HomeMy WebLinkAboutCity Council-Minutes-4/18/1988 CITY COUNC I L MINUTES Apri 1 18, 1988 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on April 18, 1988, at 7:33 P.M. Roll Call: Councilperson Doug Blemings, Chris Hawkins, Suzie Grundy, Charles Gore and Jack Burke 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: Mayor ProTem Gore gave the i nvocati on after whi ch Mayor Hubbard 1 ead the Pl edge of Allegiance to the flag. Approval of Minutes: March 26, 1988, April 4, 1988 and April 12, 1988 Mayor ProTem Gore moved to approve the minutes of March 26, 1988, April 4, 1988 and April 12, 1988 as amended. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none Correspondence: Mayor ProTem Gore acknowledged that Joan Quinn, 6817 Pleasant Run Road had been selected as the Volunteer of the Year for the City of COlleyville by the Tarrant County United Way for the year of 1988. City Manager's Report: City Manager McDaniel briefly discussed the City Manager's Report dated April 18, 1988 (see attached). Council person Blemings addressed the Fire Chief's letter of April 12, 1988 in regard to the House Fire on W. Lavaca Trail concerning the dead end main or looped main; inquired how often the bridge on Glade Road would be inspected (quarterly); commented on the 1 etter from TU El ectri c dated March 21, 1988 from Jo Ann Parkman, Di stri ct Manager, Post Office Box 1329, Grapevine, Texas 76051. Councilperson Hawkins addressed a political statement that referenced the special audit which had been available to the public since February 12, 1988 and there was not an executive session report. Mayor ProTem Gore reported that during the recent rain Sherwood Lane was covered with by a 123' wi de IIri verll of water due to inadequate cul verts and requested that the City Manager have the situation investigated. Mayor Hubbard addressed the Public Notice for Impact Fees in regard to the use of ADT (average daily trips) instead of the amount of money due. Citizens wishing to speak to the Council concerning items not on the agenda: CITY COUNC I L MINUTES APRIL 18, 1988 Page 2 1. Danny Threlkeld, 5805 Hunter Trail, President of Oaks and Briarvwod Homeowners Association, discussed street improvements and stated that the Homeowners Association woul d not endorse the proposed 51t tax rate for street improvement as di scussed at the work session. 2. Fred G. Harper, 7209 Jo Will, thanked the Council for action to stop the truck traffic and suggested that a stop sign be installed at the top of the hill on John McCain. 3. Joe Forsythe, 6201 Colleyville Boulevard, spoke concerning the open records procedure at City Hall in regard to utility water list being obtained; political signs in the right-of-way; questioned the time that improvements on a piece of property were placed on the tax roll. 4. Lynn Bural, 5104 Chelsea, spoke to the Council in regard to the removal of political signs whether it was the function of Public Works or the Police Department; inquired into the special audit work session and the special counsel hired (it was pointed out that this was an item on the agenda thus not a topic of discussion at this time) . 5. Laura Harden, 6609 Herbert, questioned the procedure to follow to determine the right-of-way in the placement of signs. OLD BUSINESS: 1. 3rd Reading and Public Hearing - Ordinance 0-88-674 - An Ordinance Amending Ordinance 0-87-654 - Adopting the Annual Budget for FY 87/88 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-88--674 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE CITY OF COLLEYVI LLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1988 AS APPROVED AND ADOPTED BY ORDINANCE 0-87-654, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, WHICH BECAME EFFECTIVE ON OCTOBER 1, 1987. Those present wishing to speak were as follows: Frank Hill, attorney, Hill, Heard, O'Neal, Gilstrap and Goetz, 1400 West Abram Street, Arlington, Texas 76013, requested that this item await the decision of the Courts and objected to the Capital Recovery Fund. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Grundy moved to approve Ordinance 0-88-674. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 2. Discussion and Consideration of Resolution R-88-359 - Adopting Standard Trench Safety Specification for City Construction Projects Mayor Hubbard opened the Public Hearing and read Resolution R-88-359 in its entirety. CITY COUNCIL MINUTES APRIL 18, 1988 Page 3 There being no one present wishing to speak the Public Hearing was closed. After di scussi on by the Council, Council person Burke amended the attachments to Resol uti on R-88-359 -5.1.1.03 after fi rst sentence add "When trench depth is greater than 5 feet and sufficient work is being done at the site for inspections.1I Counci 1 person Hawkins moved to approve Councilperson Blemings seconded the motion. Resolution R-88-359 with amended wording. The vote being: Ayes: Noes: Blemings, Hawkins, Grundy, Gore, Burke none 3. Discussion and Consideration of Retaining Harding lawson Associates - Engineers for preparation of Trench Excavation and Shoring Plans & Specifications for Hall Johnson Water line - FY Water System Improvements Phase I & II City Manager McDaniel stated as this was a professional service there was not a requirement to go to bid on this item and the services would be paid from the bond fund. *Gary Goodman, a representative of Harding Lawson was present and was introduced after item 4 due to the fact the Mayor was unaware of his presence. Councilperson Burke moved to accept the recommendation of Knowlton-English-Flowers, Inc., 1901 Central Drive, Suite 550, Bedford, Texas 76021, as stated in the March 30, 1988 letter and select Harding Lawson Associates, 1150 Empire Central Place, 1100, Dallas, Texas 75247, as the Geotechtli.ca"~ Engineering Consultant with a project limit to $16,889.60. Mayor ProTem Gore seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 4. Discussion and Consideration of Revising Developer Agreement Perimeter Street Requirements, Woodland Hills, 9th Filing, Cary Hy, Project Manager Cary Hy, Larry Cole Companies, 807 Forest Ridge, Suite 104, Bedford, Texas 76021, requested that the Council consider using the same procedures for Woodland Hills, 9th Filing as had been used for the Hills of Central Park development. Councilperson Burke recommended that Mr. Hy come back to the Council with a proposed Developer Agreement with the proposed plan that he wish to follow. The Council took no action on this item. *See item 3 above. 5. Discussion and Consideration of a Resolution Ratifying Council Agenda Action for the Meeting of April 18, 1988 under Old Business - Reading and Public Hearing Resolution R-88-364 Mayor Hubbard opened the Public Hearing and read Resolution R-88-364 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Gore moved to adopt Resolution R-88-364 with 1) that Harding Lawson Associates be retained for preparation of Trench Excavation and Shoving Plans and Specifications for Hall Johnson Water Line FY Water System Improvements Phase I and II. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none CITY COUNC I L MINUTES APRIL 18, 1988 Page 4 NEW BUSINESS: 1. Discussion and Consideration of Amending Ordinance 0-83-500 as amended by 0-87-667 Perimeter Street Requirements within the Cityls Subdivision Code Mayor ProTem Gore commented on the proposed changes which would fine tune the original intent of the present regulations. Those present wishing to speak were as follows: Lila Coley, 401 Shelton Drive stated that she would like to have acreage to help her. This item will be on the next agenda. 2. Discussion and Consideration of Approving Replat Westcoat Plat, Case Z-88-665, Lot 21R, Block 1, Mrs. Vivian Hall Mayor ProTem Gore moved to approve replat for Westcoat Plat, Case Z-88-665. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 3. Discussion and Consideration of Approving Combination final Plat, Wood Estates, Case Z-88-664 Councilperson Hawkins moved to approve combination plat for Wood Estates, Case Z-88-664, and waive the sanitary sewer connection requirement in accordance with City Code Chapter 11, Appendix A, Section 2:Q.2-4 and waiver of Sections I LA. 9 and ILC.1.a of the City's Drainage Policy (0-87-667). Mayor ProTem Gore seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 4. Request to speak to the Council - Larry P. Gabel, requesting waivers on certain requirements for plat approval Larry Gabel, 407 Morison, Euless, Texas 76039, addressed his letter dated March 30, 1988. After a lengthy discussion, Councilperson Burke moved to approve the waives granted the plat in Case Z-88-663 by the Planning and Zoning Commission be approved provided the requirement of a 161 easement shall be conditioned on it being determined it is necessary based on the drainage plan. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 5. Discussion and Consideration Installing Traffic Signal at State Highway 26 and Tinker Road Tom Gl ass, 1604 Ki ngston, requested the City to contact the State Hi ghway Department to install a traffic signal at State Highway 26. 6. 1st Reading and Publ ic Hearing - Ordinance 0-88-678 - An Ordinance Amending Chapter 10 of the City Code by adding thereto a revised Section 9 Prohibiting and restricting Certain Vehicles upon streets within the City other than Hwy. 26 Mayor Hubbard opened the Public Hearing and read Ordinance 0-88-678 in its entirety. There being no one present wishing to speak the Public Hearing was closed. CITY COUNC I L MINUTES APRI L 18, 1988 Page 5 7. Discussion and Consideration of Directing the City Attorney to Represent: James R. IIBuckl1 Hubbard, Ross T. Foster, C.R. IIDickl1 Ballenger and the City of Colleyville, Texas, vs Joseph W. Barnett, Cause No. 352-111450-88, 32nd Judicial District Mayor ProTem Gore moved to authorize the City Attorney to handle this case in court. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 8. Discussion and Consideration of an Ordinance Amending and/or Regarding Ordinance 0-88-633 R-D Two Family Zoned Property City Manager McDaniel explained that it was his understanding that the Council had instructed him to draft the ordinance in their packets. The Council suggested that this ordinance go to the Planning and Zoning Commission first. 9. Discussion and Consideration of Ratifying Action Accepting Public Easement Councilperson Hawkins moved to ratify the action accepting the public easement for the route of an overflow for the new water tower if it should be necessary. Councilperson Burke seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 10. Request to speak to the Council - Frank Hill, Hill, Heard, OINeal, Gilstrap & Goetz, P.C. Mr. Hi 11 was not present as the Ci ty Manager had advi sed the City Counci 1 not to entertain any discussion with him. 11. Discussion and Consideration of Special Audit The Council concurred that there was no need for a work session on the special audit. 12. Budget Report There was no action on this action. 13. Discussion and Consideration of a Resolution Ratifying council Agenda Action for the Meeting of April 18, 1988 - Reading and Public Hearing - Resolution R-88-365 Mayor Hubbard opened the Public Hearing and read Resolution R-88-365 in its entirety. There being no one present wishing to speak the Public Hearing was closed. Mayor ProTem Gore moved to approve Resol ution R-88-365 with 1) that the replat of Westcoat Plat, Case Z-88-665 be approved; 2) that the combination final plat of Wood Estates, Case Z-88-664 be approved; 3) that the waivers granted the plat in Case Z-88-663 by the Planning and Zoning Comission be approved provided the requirement of a 161 easement shall be conditioned on it being determined it is necessary based on the drainage plan; 4) that City Attorney is directed to represent all defendants in cause CITY COUNC I L MINUTES APRIL 18, 1988 Page 6 no. 352-111450-88; 5) that the action accepting and approving easement agreement with Muenster Investment Club for water tower overflow. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none Councilperson Blemings moved to adjourn the meeting at 11:29 p.m. Councilperson Grundy and Mayor ProTem Gore seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none ~11Y submitted, LaVada J~ City Secretary 1 vj ~_ ~ /fcfrf Approved on: CITY MANAGER'S REPORT 1) HOUSEFIRE APRIL 18, 1988 Council has been previously briefed regarding a housefire which occurred at 215 W. Lavaca Trail. The home was owned by Knute Nording. The house was a compl ete loss. Red Bail ey poi nts out that the fi re was significantly involved when the Fire Department arrived on the scene. It is doubtful that adequate water would not have been able to prevent the fire loss. Additionally, Red reports that the home had aluminum wiring without copper couplings. The City Manager would remind the Council and the Public that any home with aluminum wire can have the risk of fire loss significantly reduced through application of proper copper terminal adapter couplings. Please note aluminum wiring was outlawed in the Building Code several years back. Also, attached find a copy of 187 Master Plan which shows water distribution existing and proposed for that area of the City. The City extends their condolences to the Nortingls on the loss of the their residence and are sorry that such could not been prevented. Attached please find a copy of Red Baileyls detailed report of the fire. Red has commented that Community support in aiding the Nording's has been slow in coming. The value of the improvements on the land according to Tarrant Appraisal Districts roll is $133,665. 2) ROAD RESTRICTIONS-JOHN McCAIN ROAD With the passage of Ordinance #0-88-678E City personnel have ordered load restriction signs in accordance with the State Manual on Uniform Traffic Control Devices. Such requires specific prohibitions established by the Council including the designation of alternate route as needed. Those signs are expected to be completed and erected by the first part of week. Attached to the City Manager's report, please find a copy of the wording which will appear on those signs. As a related item please be advised that the City has contacted Tri-County Electric regarding the relocation of guide wire near the pavement on John McCain recently brought the City's attention by Mr. Rex Darling. The City has requested that the utility company not only relocate the guide wire but the pole as well to a more safe location. We requested that the pole be relocated by May 1st; Tri-County Electric has agreed to relocate the pole. Also, the narrow bridges have been painted to improve visibility and that portion of John McCain has been striped to improve motoring safety. 3) GLADE ROAD BRIDGE WEIGHT RESTRICTION Attached to the City Manager's Report please find a copy of a inspection report prepared by a Bridge Inspection Specialist regarding potential hazard of the bri dge located on Gl ade Road just east of Hi ghway 26. The City crews reported the appearance of cracks in that structure whi ch gave ri se to concerns about the structural stabi 1 i ty of that bridge. Following an on-site inspection with the City1s Consulting Engineering Firm and Mr. Warner Derr it was determined that the bridge should be weight restricted to the maximum of ten (10) tons. Council will recall that restriction was likewise included in the Emergency Ordinance passed by the Special Meeting on April 12, 1988. 4) BROWN TRIAL Please be advised that Brown Trail has been striped under contract with the striping company from Cheek Sparger Road to Highway 26. The City expects this to improve safety for the motoring public in this area. 5) IMPACT FEE ADOPTION PROCEDURE Council should have noticed the first in a series of three ads which appeared recently in the Star Telegram as a requirement of Senate Bill 336 to publish an advertisement in a paper of general circulation within the county regarding proposed impact fees to be adopted. Council will recall that we currently have an ordinance on the books however this procedure is being followed to slightly revise the fees currently establ i shed to be in stri ct compl i ance with Senate Bi 11 336. A copy of that ad is included in the City Manager's Report. The public and Council is reminded that two (2) more ads will appear in the Star Telegram on April 21st and April 28th. The Ordinance will be considered on 1st reading at the May 2nd Council Meeting with final adoption to be considered at the June 6, 1988 meeting. Senate Bill 336 required adoption to the achieve by June 10, 1988 to achieve compliance with Senate Bill 336. 6) HALL JOHNSON ELEVATED TOWER Council is advised that sand blasting is progressing on the exterior of the elevated storage tank and is expected to be substantially completed by this week, including a primer coat to be applied on the exposed steel surface. The contractor remains on schedule for the completion of the painting requirements however we anticipate that they wi 11 be pressed to complete the tower by the revi sed extens i on date of May 11, 1988, they are, at their own expense are incurring overtime to see that this tower is completed on schedule. 7) ZONING CONSIDERATION Attached please find a copy of Publ ic Notice which has been sent to owners of property located in Abstract 232, Tracts lA, 1B and 1C and Neiholt Addition regarding the Cityls plans to consider zoning this property. This property was previously annexed into the City under the temporary "AG" zoning provided for in our ordinance. According to the City Attorney, the City must formally take action through the Publ ic Hearing process to establ ished a permanent zoning as required by state law. That property is currently Master Planned for .5 Dwelling Units per acre. The Neiholt Addition has been zoned R-30 when, according to the records, the area was not in the City. So, this area has been likewise included in this zoning consideration. That meeting is set for April 25, 1988 to be heard by Planning and Zoning Commission. 8) PLANNING AND ZONING MEETING APRIL 11, 1988 Please be advised of the five (5) items on Planning and Zoning meeting set for April 11th, three (3) of them will be considered on the Business Agenda of the Council's meeting on April 18th. Item #4 on the Planning and Zoning agenda concerns a request for Special Use Permit for Servants Quarters at 4801 Jim Mitchell Trail W. That request was denied by P & Z after the required public hearing. The petitioner Mr. Tom Day has decided not to bring this before the City Council. Regarding the Public Hearing for amending the Zoning Ordinance to address accessory building, temporary buildings, maximum fence height, scale of zoning exhibits and other miscellaneous items, the Planning and Zoning Commission deferred to take final action in making a recommendation to City Council. Such will be considered at the next Planning and Zoning Meeting scheduled for April 25th. Attached please find a copy the draft and minutes prepared by Connie Fleming for this meeting. Also, be advised that the packets prepared for Planning and Zoning Commission will be included in the Council1s boxes on the date of preparation for Planning and Zoning. 9) LEADERSHIP COLLEYVILLE Please be advised that the City Manager, Department Heads and the City Secretary met with twenty (20) participants of the Leadership Colleyville Program conducted by the Chamber of Commerce in the Council Chambers on Thursday April 14th. The purpose of this meeting was to give the participants a staff prospective regarding City operations and administration. 10) CHELSEA PARK STREET LIGHTS Please be advised that Suzanne Scott reports that the easement requirements have finally been satisfied with the residents and Texas Utility Company. She expects the installation of the remaining three (3) 1 i ghts to be accompl i shed shortly. The City Manager expresses his thanks and appreciation to Suzanne for her help in securing these easements for this street lighting project. 11) OAK CREST WOMENS CLUB TOUR OF HOMES Please be advised that Mrs. Rhena Tarbetls home located at 107 Scarlet Court will be included in the Womens Club annual tour of homes set for Sunday April 24th. Mrs. Tarbet is doing extensive landscaping work in her back yard, including a swimming pool, gazebo and 91 to 101 fences. This is the practical example of where the need for fences in excess of 61 is warranted in the view of the homeowner. 12) STORM INLET POLICY The Ci ty Manager wi shes to advi se the Ci ty Council of a mi nor probl em which has recently occurred in portions of the City where storm inlets exist in front of resident's homes. There have been a couple of occasions where the residents have desired to build mail box pedestals on top of the City's storm inlet. As a matter of public policy the administration has taken the position that such is not permitted. We have required the relocation of mail boxes in these areas. We do not anticipate that this will be a problem as this is consistent with the proper maintenance of the R.O.W. 13) WOODLAND HILLS HOMEOWNERS ASSOCIATION Alan Linford has been appointed new public political liaison representative for the Woodland Hills Homeownerls Association replacing Butch Johnson who formally served in that capacity. Mr. Linford recently met with the City Manager and discussed a cooperative relationships with the City and looked forward to working with the City for the needs of the Woodland Hills Homeowners Association. Mr. Linford commented that they were please with how the City had responded to their needs in the past. 14) R. C. HIGHTOWER COMMENTS Pl ease be ad vi sed that the City Manager has not yet heard from Mr. Hightower as requested at the last meeting. Chief Bailey has provided the City Manager with a background memo explaining the pipeline break which occurred in December of 1987. That is attached for the City Councils reference. 15) BONNIE GOREE The City Manager met with Mrs. Bonn i e Goree of Co 11 eyvi 11 e Bl vd. and took a onsite tour of her property regarding her problems with Willard Baker Development Company as they affected the perimeter of her property. The Ci ty Manager di d note where the soi 1 surface had been disturbed and a tree was lodged against the building with possible fence damage occurring. The City Manager contacted Mark Tutin of Baker Development and requested that he look into the matter and correct the problems \'Ihich appear to be created by excavation in the area. Mr. Tutin said he would do so and would be reporting back to the City Manager. 16) COG POPULATION FORECAST Pl ease be advi sed that the North Central Texas Council of Governments has provided their population forecast for April 1988 indicating that they project the City of Colleyvillels population to be 14,352 by 1990. This compares to 14,364 projected by Community Land Resources in the 1987 Master Plan. 17) TRA BOND ISSUE Attached please find a copy the lIintra" Publication of the Trinity River Authority giving a brief synopsis of the proposed expansion of the Tarrant County water supply projects serving the Cities of Bedford, Euless, North Richland Hills, Colleyville, and Grapevine. This article gives the Council a good fundamental sketch of that expansion of how it is designed to serve the needs the area. 18) COt~ANCHE PEAK IMPACT Attached please find a copy of Mrs. Joann Parkman's letter to the City Manager expressing TUI s comments regarding the expected impact of Comanche Peak Nuclear Power Plant. 11m sure that Council is aware that this plant has come under significant controversy and is significantly over original cost projections. Attached please find a copy of her 1 etter sent to the City Manager to reassure the publ i c of the need, the safety, and the rate impact expected from this fac il ity. 19) POLICE CARS Please be advised that Chief Steele has received the new Chysler Patrol Cars and has put them in patrol operation. Chief Steele reports satisfactory performance of both vehicles since their recent revival. 20) BALL DIAMONDS The practice fields with back stops have been built at the park. Some dirt work remains to bring the surface to satisfactory standards.. 21) BIG BEAR CREEK SEWER INTERCEPTOR A work order has not yet been issued to complete this project. Attached please find a copy of Gary Fisherls status report. 22) COUNTY INTERLOCAL AGREEMENT We understand that the D.A. IS office has reviewed the interlocal agreement and that the Commissioners Court is to act on approval May 2, 1988. Randy \~est's input is sought by the Commissioners regarding scheduling commitments before proceeding. Expect to approve the agreement at the May 16th meeting. Respectfully Submitted, ROb~ McDaniel City Manager RTMcD/czf