HomeMy WebLinkAboutCity Council-Minutes-2/15/1988
CITY COUNCIL
MINUTES
FEBRUARY 15, 1988
f (j<Y--ttJ f ~
~/l ~,
. J,Lr~
The regular meeting of the City Council of the City of Colleyville was called to order
by Mayor Buck Hubbard on February 15, 1988, at 7:31 p.m.
Roll Call: Council person Doug Blemings, Chris Hawkins, Suzie Grundy, and Jack Burke
were present. Mayor ProTem Charles Gore absent due to business out of
the country. Mayor Buck Hubbard, City Manager Robert McDaniel, City Attorney
Ross Foster, Fire Chief Darrel IIRed" Bailey, Police Chief Don Steele,
Director of Public Works Lloyd Wood, Cityls Engineering Consultant Gary
Fisher, and City Secretary LaVada Johnson were also present.
Invocation:
Council person Burke gave the invocation after which City Attorney Ross Foster lead
the Pledge of Allegiance to the flag.
Approval of Minutes: February 1, 1988 and February 8, 1988
Council person Hawkins moved to approve the minutes of February 1 and 8, 1988 as amended.
Council person Grundy seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
Correspondence:
Mayor Hubbard read a Proclamation proclaiming February 27,1988 as "Lifesaver Dayll;
read his letter to Attorney General dated February 9, 1988; read his letter to City
Council dated February 15, 1988 - Re: Resolution Approving the Employment of Outside
Special Legal Counsel; read his letter to City Secretary dated February 15, 1988 Re:
Reasons for Veto of Resolution Proposing to Employ Special Outside Legal Counsel Dated
February 8, 1988, Resolution R-88-352. (see Mayorls letters attached)
City Managerls Report:
City Manager McDani el bri efl y di scussed the City Manager I s Report dated February 15,
1988 (see attached).
Council person Grundy requested Chief Steele to read and explain his memoranda dated
February 4, 1988 and February 8, 1988 in reference to use of the Police Computer.
Counci 1 person Hawki ns questi oned the difference in responses from the Attorney General
to the City Manager and to the Mayor; requested that a work session to discuss streets
improvements be scheduled. There will be a work session on February 23, 1988.
Councilperson Burke questioned the Mayor as to why he had contacted the Attorney General
when the Council directed the City Manager to do so.
Citizens wishing to speak to the Council concerning items not on the agenda:
1. Cecil Williams, 100 East Oak Valley Drive, spoke in regard to drainage at the Red
Barn located on Highway 26.
2. Martha Kohlbrand, 2107 Cottage Oak Lane, spoke in regard to the bad condition of
the Willard Baker development of Shadwood Trail condominium project.---
CITY COUNCIL
MINUTES
FEBRUARY 15, 1988
Page 2
3. Frank and Shirley Harris, 2913 Sherwood Lane, also spoke in regard to the Shadowood
condominium project.
4. Lynn Bural, 5104 Chelsea Drive, spoke in regard to obtaining information from City
hall.
5. Steve Symonds, 109 Quail Run, spoke in regard to the time frame of the City Managerls
request to the Attorney General.
OLD BUSINESS:
1. 3rd Reading and Public Hearing - Ordinance 0-87-668 - Ordinance amending Chapter
7 of the Colleyville Code by adding Section 16 - requiring engineers, surveyors,
architects, and other professionals to have liability insurance
Council person Blemings moved to remove this item from the table. Councilperson Burke
seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Burke
Noes: Grundy
Councilperson Blemings moved to adopt Ordinance 0-87-668. Councilperson Burke seconded
the motion. The vote being:
Ayes:
Noes:
Blemings, Hawkins, Grundy, Burke
none
2. Discussion and Consideration of participating in the Traffic Study for the
Proposed North Tarrant County Freeway
Councilperson Hawkins requested that this item be removed from the agenda.
3. Discussion and Consideration of Trench Safety Specification for City
Construction Contracts
City Attorney Foster addressed his memo of January 20, 1988, subject - Trench Excavating
Law resulting from House Bill #662. Councilperson Burke spoke in regard to the
importance of the City establishing a procedure and specifications to be following
for projects withi n the City that woul d result in a 5 foot or deeper trench duri ng
construction. After discussion by the Council, Councilperson Burke stated for the
record that in awarding the contract for the repair of the BBC Sewer Interceptor(i .e.
O.B. 14) the City was not setting a precedent for future trenchs designs in the City.
The Council instructed the City's Engineering Consultant Gary Fisher,
Knowlton-English-Flowers, Inc., to prepare the specifications and procedure to be
followed for Trench Safety along the 1 ines of the Trinity River Authority regulations
so that in the future bids, for utility projects the bidders would know the procedure
and specifications of the City. This item to be considered at the next agenda.
4. Discussion and Consideration of Awarding Contract for the Repair of the BBC Sewer
Interceptor
CITY COUNC I L
MINUTES
FEBRUARY 15, 1988
Page 3
Council person Grundy moved to award the bid to the low bidder of Wright Construction
Company, 601 West Wall, Grapevine, Texas 76051 in the amount of $23,930.00 for the
repair of the Big Bear Creek Sewer Interceptor. Councilperson Hawkins seconded the
motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
Councilperson Burke asked if any costs would be incurred for easements to do this work,
and was informed by Director of Public Works Woods that there would be none.
5. Discussion and Consideration of Combination Plat of Grubbs Addition - George
Grubbs owner, David Washington, Washington Engineers
George Grubbs, Jr., 420 Lyndon Court, Bedford, Texas 760211, spoke to the Counci 1
relating the background of the procedures that he had followed in obtaining plat approval
for the future site of his home being 3212 Glade Road. After a lengthy discussion
with the Council and upon the Council's advice to return to the Planning and Commission
for proper approval of the said plat, Mr. Grubbs withdrew his request. The Council
stated that there would not be an extra charge for Mr. Grubbs returning to the Planning
and Zoning Commission. David Washington, President of Washington and Associates, Inc.,
500 Grapevine Highway, Suite 375, Hurst, Texas, 76054 was also present and answered
questions from the Council.
6. Discussion and Consideration of Perimeter Street Requirements for the Hills
of Central Park Subdivision - Ron C. Bollinger, President
Ron C. Bollinger, President, Bollinger C.M., Inc., 4001 Airport Freeway, Suite 101,
Bedford, Texas 76021, requested that the Council amend the Developer Agreement for
The Hills of Central Park signed February 5,1985. The Council suggested that Mr.
Boll inger meet with the City Staff to arrive at the amount of money being requested
for adjustment on the requirement for perimeter streets of said subdivision.
7. Discussion and Consideration of Presentation of Special Investigative Audit,
Peat Marwick Main and Company
Don Spitzer, Partner, and Jeff Roper, Audit Engagement Manager, Peat Marwick Main &
Co., Certified Public Accountants, 2500 City Center Tower II, 301 Commerce, Fort Worth,
Texas 76102, distributed and presented to the Council a written report "City of
Colleyville Report on Agreed-Upon Procedures February 12, 1988". (see letter dated
February 12, 1988 and Executive Summary of said report attached - Note: the original
report on file in the office of the City Secretary). After a brief sunmary of the
findings of the Special Audit, Mr. Spitzer suggested that the Council review the report
and submit written questions to the City Manager to be discussed at a special work
session with the Council.
Council person Burke requested that Don Spitzer inform the citizens at the meeting of
the credentials of the firm of Peat Marwick Main & Co.
NEW BUSINESS:
1. Request to speak to the Council - Gary D. Sheffield, 1340 South Main, Grapevine,
in regard to having a sales office for Arbor Estates
CITY COUNC I L
MINUTES
FEBRUARY 15, 1988
Page 4
Councilperson Hawkins related to the Council that Mr. Sheffield had requested that
this item be removed from the agenda.
2. 1st Reading and Public Hearing - Ordinance 0-88-671 - Ordinance prohibiting
operation of certain enterprises in specified area (sexually orientated
businesses)
Mayor Hubbard opened the Public Hearing and read Ordinance 0-88-671 in its entirety.
There being no one present wishing to speak the Public Hearing was closed.
3. Consideration of veto of R-88-350 by Mayor
Mayor Hubbard stated hi s reasons for vetoi ng Resol uti on R-88-350. After di scussi on
between Mayor and Council, Councilperson Burke suggested as a slight procedural change
that there be a resolution at both the end of Old Business and a resolution at the
end of New Business.
Counci 1 person Hawkins moved to override the Mayorls veto of Resolution R-88-350.
Councilperson Grundy and Blemings seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
4. 1st Reading and Public Hearing - Ordinance 0-88-672 - Ordinance amending
Colleyville zoning ordinance by providing for temporary uses, accessory buildings
and modifying the maximum height of screening element and fences; minimum
scale for zoning exhibits; petitioners to meet with City Staff in an informal
work session
Mayor Hubbard opened the Public Hearing and read Ordinance 0-88-672 in its entirety.
Those present wishing to speak were as follows: Cary Hy, Larry Cole Companies, 807
Forest Ridge, Suite 104, Bedford, Texas 76022 in regard to period it can remain open
and the size of the temporary sales office; Martha Kohlbrand, 2107 Cottage Oak in regard
to an abandoned temporary construction trailer in Shadwood Trails; Frank Harris, 2913
Sherwood Lane in regard to amount of penalty; Opal Ethri dge, 5309 Pl easant Run Road
in regard to detached garages and second stories. There being no one else present
wishing to speak the Public Hearing was closed.
5. 1st Reading and Public Hearing - 0-88-670 - Ordinance amending Ordinance
0-88-669 - in regard to construction within the Floodplain
Mayor Hubbard opened the Public Hearing and read Ordinance 0-88-670 in its entirety.
There being no one present wishing to speak the Public Hearing was closed.
6. 1st Reading and Public Hearing - Ordinance 0-88-673 - Ordinance Granting a
Franchise to lone Star Gas Company
Mayor Hubbard opened the Public Hearing and read Ordinance 0-88-673 in its entirety.
There being no one present wishing to speak the Public Hearing was closed. Nell Dixon,
Accounting Manager, and Roy Powers, Manager of the HEB area,Lone Star Gas Company,
404 Racquet Club Blvd. Bedford, Texas 76022, answered questions by the Council.
CITY COUNCIL
MINUTES
FEBRUARY 15, 1988
Page 5
7. Di scussion and Consideration of Resol ution Call ing the May 7, 1988 Election
for Places 3, 4, and 5 - Reading and Public Hearing - Resolution R-88-353
Mayor Hubbard opened the Pub 1 i c Hea ri ng and read Reso 1 ut ion R-88- 353 in its entirety.
There being no one present wishing to speak the Public Hearing was closed.
Councilperson Burke moved to adopt Resolution R-88-353 with James B. Moore being the
presiding judge and Sharon Lambert as alternate judge. Councilperson Hawkins seconded
the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
8. Discussion and Consideration of Trash along the streets and roads of Colleyville
- Councilperson Blemings
9. Discussion and Consideration of a New City logo - Councilperson Blemings
Council person Blemings requested, due to lateness of the hour, that items 8 and 9 be
placed on the next agenda.
10. Discussion and Consideration of Resolution Accepting Public Facilities
Constructed and Dedicated as part of the Village Park Final Plat Z-85-545
- Reading and Public Hearing Resolution R-88-354
Mayor Hubbard opened the Public Hearing and read Resolution R-88-354 in its entirety.
Thos~ present wishing to speak were as follows: Frank Harris, 2913 Sherwood Lane and
Martha Kohlbrand, 2107 Cottage Oaks both in regard to the bad condition of a previous
Baker Development project; Mark Tutun, Partner, Willard R. Baker Development, One
Galleria Tower, 13355 Noel Road, Suite 675, Dallas, Texas 75240, briefly outlined the
background of the planned project on Village Park. There being no one else present
wishing to speak:the Public Hearing was closed.
Councilperson Hawkins moved to adopt Resolution R-88-354. Councilperson Burke seconded
the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
11. Budget Report
Due to the lateness of the hour, this item will be on the next agenda.
12. EXECUTIVE SESSION: In accordance with Article 6252-17 See 2 paragraph e
Discussion of Litigation - Zoning Violation at 5003 Colleyville Blvd.; paragraph
g Discussion of Personnel - lynda Traugott, EEOC
Mayor Hubbard explained that the executive session had been called in accordance with
Article 6252-17 See 2 paragraph e and g - litigation and personnel and that there
would be no decisions or action taken during this time. The meeting was recessed at
12:55 a.m. The meeting was reconvened at 1:13 a.m.
CITY COUNC I L
MINUTES
FEBRUARY 15, 1988
Page 6
13. Authorization of litigation for violation of zoning ordinance at 5003
Colleyville Blvd., Lot 1 Block 1 of the Market Addition
This item was handled under item 15 Resolution R-88-355.
14. Consideration of veto of R-88-352 by Mayor
Councilperson Hawkins moved to override the Mayor's veto of Resolution R-88-352.
Council person Grundy seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
15. Discussion and Consideration of a Resolution Ratifying Council Agenda Action
for the Meeting of February 15, 1988 - Reading and Public Hearing Resolution
R-88-355
Mayor Hubbard opened the Public Hearing and read Resolution R-88-355 in its entirety.
Those present wishing to speak were as follows: Laura Harden, 6609 Herbert in regard
to Resolution R-88-352; John Groce, 604 Colts Necks raised a point of order (which
was ruled out of order); Lynn Bural, 5104 Chelsea in regard to location of property
in the litigation. Those being no one else present wishing to speak the Public Hearing
was closed.
Councilperson Hawkins moved to adopt Resolution R-88-355 to authorize the City Attorney
to institute 1 itigation to require compl iance with zoning ordinance on Lot 1 Block
1 Market Addition and awarding contract to repair Big Bear Sewer Interceptor to Wright
Construction. Councilperson Grundy and Blemings seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
Councilperson Grundy moved to adjourn the meeting at 1:25 a.m. Councilperson Blemings
seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Burke
Noes: none
submit dVlX2lHLJ
LaVada Johnson
City Secretary
lvj 'J
Approved on: !i2l ~ L 9 f f
_ A~ ()
aaJ~
CITY MANAGER'S REPORT
FEBRUARY 15, 1988
1) Attorney General's Contact
As requested by the City Council, the City Manager called the A.G.' s office
Tuesday AM regarding assistance with any necessary investigation pursuant
to the City Manager's Detailed Report of February 1, 1988. The City Manager
contacted Vickie Benitez of the A.G. 's Prosecution Assistance Office regarding
any possible involvement by the A.G. 's office. She responded by stating
that 1) the local D.A. has original jurisdiction 2) the A.G. office would
become involved either at the request of the D.A. or when certain circumstances
prohibited a local government from working with the local D.A. and 3) based
on the City's present legal approach she felt the City was proceeding in
a proper manner. Ms. Benitez has sent an intake form for the City to respond
regarding any possible assistance requested by the city. Subsequent to the
City Manager's contact with the A. G. 's offi ce and unbeknownst to the Ci ty
Manager, Mayor Hubbard sent a letter requesting same. See Attached.
2) Taco Bell Impact Fee
The City recently received a check from Taco Bell in the amount of $5,031
for insufficient impact fees originally remitted. No letter of explanation
was attached. This was in response to the City Manager's request of December
15, 1987. See Attached.
3) K-Mart Building Plans
Art Harden of Terra Venture plans to apply for a building permit the week
of February 15th after the property closes and the City Manager certifies
the amount of adjustment that is due the property and applies toward Capital
Improvements Fees. The City Manager plans to do such Tuesday and provide
Council a copy of same.
4) Shirley Allgood
The Ci ty Manager and Di rector of Pub 1 i c Works met with Mrs. Allgood and her
prospect i ve 1 and buyer, Mr. George Ha 11, on February 8 in an effort to meet
City Code without producing significant financial impact to Mrs. Allgood
and/or Mr. Hall. Unfortunately the City's Ordinances and Master Plan clearly
provide for growth to pay its way and require the non selective application
of City regulations. We reported 1) that City policies prohibit the extension
of water 1 ines beyond 50' without a' developer agreement, 2) that the City's
recently revised perimeter street ordinance applies for approximately 200
feet of street frontage and 3) the City's staff position basically remains
founded on the non selective application of City Ordinances. She was requested
to ask to be placed on the next agenda should she be prepared to do so.
As of the report preparation she has not done so.
5) Police Computer Access
As requested by Mayor Pro Tem Gore, the City Manager hereby provides
explanation for Police computer access for public information (i.e. drivers
license records and vehicle registration) and criminal histories as provided
by Chief Steele. The City Manager has asked the Chief to respond to any
questions Council may yet have concerning his memoranda of February 4 and
February 8, 1988. See attached.
6) Impact Fee-The Hills of Central Park
Mr. Ron Bollinger has remitted impact fees for the non residential impact
to the City's water system in the amount of $2067.50 as was previously
requested by the City Manager.
7) P & I and IBA Agendas
The City Manager has requested that Council receive by mai 1 P & Z and ZBA
agendas so that Council may plan to attend when desired by Council.
8) Fire Truck Note
As per the attached, the Ci ty Manager reports that the City has retired the
note for the 1986 FMI Fire Truck due to the First City National Bank of
Colleyville for $100,000. See attached.
9) Texas Municipal Report
Attached please find a '87 issue of the Texas Municipal Report for Colleyville
prepared by the Municipal Advisory Council of Texas. The City Manager suggests
that Council keep this handy as it serves as a quick and thorough financial
reference for the City.
10) Tarrant 2000
City input has been requested by Tarrant County Judge Roy English. Should
Council desire to express the City's view for Tarrant Count Transportation,
Aviation and Mass Transit needs please advise accordingly. Please see
attached.
11) Cheek Sparger Bridge Repair
L1 oyd Wood reports that all 3 courses of concrete cul vert have been 1 aid
across Cheek Sparger Road. The County crews are now back filling and tamping
with suitable material. The County has come up short 1 joint of 78" culvert
pipe. Since this project was to be funded for County funds remaining in
the previous budget, we have been requested to fund this additional joint
for approximately $750. The City Manager has communicated that the City
will cover this portion of the cost. Currently the County remains ahead
of schedule as completion expected before February 22.
12) Notices of Violation
Please be advised that Notices of Violations have be provided to property
located at 6221 Colleyville Blvd. and 2900 Sherwood Lane. See attached.
Also, Chief Bailey reports compliance with a previous NOV occurring at Lot
32, Park Ct. in Pecan Park concerning weeds.
13) Fire Department Monthly Activity
Attached please find Chief Bailey's Departmental Report for January 1, 1988.
See attached.
14) Packet for February 15, 1988
As the City Manager has been in New York for bond rating necessary for TRA
revenue bonds, the preparation of the packet has been delegated largely to
LaVada and L1 oyd Wood. The City Manager appreci ates thei r input and trusts
that Council does as well to provide you with an informative packet.
15) TRA Bond Offering
Attached please find excerpts for the revised official statement offering
$13,300,000 in revenue bonds for the Tarrant County Water Project by TRA
which is intended to improve the present water supply and distribution system
of the TRA system serving Colleyville.
Note: With declining interest rates, the bond market has improved to permit
a smaller issue that the $14 million + originally proposed.
16) Notes of Appreciation
Attached please find notes of appreciation/commendation for shrubbery provided
by Sam's Nursery, services provided by the building inspection department,
and for Sgt. Schneider's professionalism in recovering stolen property.
17) Special Note
LaVada Johnson completed 12 years of service to the City of Colleyville on
February 9, 1988. Congratulations LaVada!
Respectfully Submitted,
~
Robert T. McDaniel
City Manager
RMcD/czf