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HomeMy WebLinkAboutCity Council-Minutes-1/4/1988 CITY COUNC I L MINUTES JANUARY 4, 1988 p~,~~ "~M The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on January 4, 1988, at 7:30 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: Council person Chri s Hawki ns gave the i nvocat i on after whi ch City Attorney Ross Foster lead the Pledge of Allegiance to the flag. Approval of Minutes: December 21, 1987 Councilperson Gore moved to approve the minutes of December 21, 1987 as corrected and amended. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Grundy, Gore, Burke Noes: none Abstained: Hawkins (had not reviewed the amendments) Correspondence: none City Manager's Report: City Manager McDaniel briefly discussed the City Manager's Report dated January 4, 1988 (see attached). Council person Bl emi ngs addressed the Pi ctori a 1 Press in a written statement in regard to the one sided editorial of December 23, 1987, receiving the concurrence of the other Council members. Council person Hawkins had several questions concerning the property a 5003 Colleyville Bl vd. on Hi ghway 26 and Gl ade Road and wanted to know what day the City coul d start issuing citations. (January 18, 1988) Council person Grundy addressed the 1 ast paragraph of the December 28, 1987 1 etter from from Thomas C. Hillsman, Attorney at Law, 17000 Preston Road, Suite 400, Dallas, Texas 75248 in regard to Taco Bell as it appeared to be a threat to the City. Council person Burke questioned the volume of water lost on December 25,1987, due to the overfl ow of the elevated tower on Bransford Road; questioned the City Attorney for the record if the City was doing everything legally that can be done for the violations at 5003 Colleyville Boulevard. The City Attorney stated the City Manager was following the proper procedure to obtain volunteer compliance with the City's ordinances. Citizens wishing to speak to the Council concerning items not on the agenda: 1. Charles Walton, 6320 Westcoat, addressed the trash and appearance of the Nine Acres Country Cl ub parking lot on McDonwell School Road after being opened for business for sometime now, particularity after New Year's Eve. 2. Sammie Bolling, 6712 Curtis, questioned why Storer Cable was not taping the meeting tonight? CITY COUNC I L MINUTES JANUARY 4, 1988 Page 2 OLD BUSINESS: 1. Discussion and Consideration of Request to provide temporary service to property located in the City of Hurst-Mayor Hubbard. Mayor Hubbard read letter dated December 18, 1987, from Bill Souder, Mayor of the City of Hurst, 1505 Precinct Line Road, Hurst, Texas 76054 requesting the Council to reconsider the Council's decision on the request from Dr. Dale Hodgson for water and sewer service. After discussion, Council person Gore stated that the response to the Ci ty of Hurst shoul d be that thi s matter had already been handl ed by the Ci ty of Colleyville. The Mayor instructed the City Secretary to draft a letter to the Mayor of the City of Hurst stating the previous actions of the Council. 2. 3rd Reading and Publ ic Hearing - Ordinance 0-87-663 - Ordinance establ ishing maximum prima facie reasonable and prudent speed 1 imits for school zones on Pool Road and Cheek-Sparger Road Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-663 AN ORDINANCE ESTABLISHING MAXIMUM PRIMA FACIE REASONABLE AND PRUDENT SPEED LIMITS ON A CERTAIN NAMED STREET COLLEYVI LLE, TEXAS: PROVIDING A PENAL TV AND AUTHORIZING PUBLICATION. There been no one present wishing to speak the Public Hearing was closed. The City Attorney pointed out that the ordinance should have a penalty of $200.00 and not $2,000.00. Councilperson Grundy moved to approve Ordinance 0-87-663. Councilperson Hawkins seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 3. 3rd Reading and Public Hearing Ordinance 0-87-665 Ordinance for establishment of sanitation standards for food protection and service Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-665 AN ORDINANCE AMENDING SECTION 15 OF CHAPTER 7 OF THE COLLEYVI LLE CODE BY INCLUDING DEFINITIONS; PROVIDING FOR THE SALE OF ONLY SOUND, PROPERLY LABELED FOOD; ESTABLISHING SANITATION STANDARDS FOR FOOD PROTECTION AND SERVICE; ADOPTING BY REFERENCE TEXAS BOARD OF HEALTH, IIRULES ON FOOD SERVICE SANITATION" AND "RULES ON RETAIL STORE SAN ITATI OW ; REQUIRING PERMITS FOR THE OPERATION OF FOOD ESTABLISHMENTS; DESIGNATING TARRANT COUNTY HEALTH DEPARTMENT DIRECTOR AS THE HEALTH AUTHORITY; REQUIRING FOOD SERVICE MANAGER CERTIFICATION IN FOOD SANITATION; PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE; AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Blemings moved to approve Ordinance 0-87-665. Councilperson Burke seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none CITY COUNC I L MINUTES JANUARY 4, 1988 Page 3 4. 2nd Reading and Public Hearing - Ordinance 0-87-666 - Ordinance amending Chapter 9 of the Colleyville Code by adding Section 12, establishing a Drainage Policy. Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-666. There being no one present wishing to speak the Public Hearing was closed. 5. 2nd Reading and Public Hearing - Ordinance 0-87-667 - Ordinance amending Part I of Section 6 of Chapter 9 of the Colleyville Code regulating perimeter street requirements for single lot subdivisions. Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-667. There being no one present wishing to speak the Public Hearing was closed. 6. 2nd 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. Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-668. There being no one present wishing to speak the Public Hearing was closed. The City Manager requested that an effective date be addressed in relationship to the projects that are currently being considered. The City Attorney was instructed to correct the Ordi nance to add a cl ause whi ch states failure to have insurance shall be grounds for denial. Council person Burke expressed his concern that the clause "shall maintain insurance" needed to require that an original certificate of insurance be on file with the City. There was discussion by the Council in regard to individual family homes and other building plans being reviewed by the City whether or not this would fall under this ordinance. 7. 2nd Reading and Public Hearing - Ordinance 0-87-669 - Ordinance amending Chapter 3 of the Colleyville Code in regard to Flood Hazard Area Regulations Mayor Hubbard opened the Publ ic Hearing and read the preamble to Ordinance 0-87-669. There being no one present wishing to speak the Public Hearing was closed. 8. Discussion and consideration of engaging outside audit firm to conduct special audit to determine compl iance with City Ordinances requiring legal exactions, fees, and charges due from developers, subdividers and building permittees. City Manager McDaniel recommended the firm of Peat, Marwick, Main, 2500 City Center Tower II, 301 Commerce, Fort 'Worth, Texas 76102 with the target date for completion being February 15, 1988. The Council stated that the City Manager will be the person managing the audit rather any individual member of the Council, but with frequent statues reports to the full Council. Councilperson Gore moved that the firm of Peat, Marwick, Main be selected to conduct the special audit under the conditions outl ined in the City Manager's memo "Special Audit Selection", dated January 4, 1988. Council person Hawkins seconded the motion. The vote being: Ayes: Noes: Blemings, Hawkins, Grundy, Gore, Burke none Mayor Hubbard stated for the record that at the direction of the Council in mid-1986 there had been Councilmembers that researched the City's canceled check records and C ITV COUNC I L MINUTES JANUARY 4, 1988 Page 4 there might be some records out of order so the employees would not be in trouble. Council person Grundy and Gore pointed out that this action was on the behalf and with the permission of a majority of the Council. 9. Discussion and consideration of Bonding Requirements for sanitary service to be provided to Carroll Elementary School - Councilperson Grundy Councilperson Grundy requested that this item be removed from the agenda. 10. Budget Report The Council di scussed the need for a pol icy procedure for street 1 i ght requests as this item is projected to already be over last year's budget at this time. NEW BUSINESS: 1. 1st Reading and Public Hearing - Ordinance 0-87-664 - Ordinance amending Section 9 of Chapter 9 of Colleyville Code by providing that the developer of subdivision pay actual costs plus 10% for street signs Mayor Hubbard opened the Public Hearing and read Ordinance 0-87-664 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 2. Discussion and Consideration of Traffic Study - Councilperson Burke Councilperson Burke moved that the final copy of the "Colleyville Transportation Impact Fee Study" report submitted by Lisa G. Nungesser, Manager, Parsons Brinckerhoff Quade & Douglas, Inc., Building 2, Suite 360, 901 Mopac South, Austin, Texas 78746, dated December 18, 1987, be accepted as presented. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none 3. Discussion and Consideration of Revising Impact Fees for Streets, Ross Foster, City Attorney The Council directed the City Attorney to amend the present ordinance (Ordinance 0-87-652) to comply with the requirements of the Senate Bill 336. 4. Discussion and Consideration of draft ordinances of sexually oriented businesses within the City Limits of Colleyville After di scussi on by the Council, the City Attorney was instructed to combine the two older draft ordinances presented. Councilperson Grundy moved to adjourn the meeting at 9:24 p.m. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, Hawkins, Grundy, Gore, Burke Noes: none ~at2J LaVada Johnson Approved on: City Secretary 1 . _.+J.1,::L_.. . CITY MANAGER'S REPORT JANUARY 4, 1982 1) Bid Opening BBC Interceptor Repair Was scheduled for 12-23-87 at 10:00 a.m. Only 1 bid from Wright Construction was received in a timely fashion. A second bid arrived at 10:10 a.m. and was offered for consideration by Jay..;Mar Corporation. Jay-~1ar's bid was not received since it did not arrive on time. Since only one bid was received in a timely fashion, the City manager decided to reject such bid and rebid as soon as possible. Had we opened Wright Construction's we would have revealed his 1st bid for a subsequent 2nd bid offering should we have decided to not accept the only bid received (i .e., Wright Construction). Later in the day, Joe l. Wright visited with the City Manager and expresses his concern that such was mishandled and that we should have accepted and opened the bid since Wright Construction had honored their portion of the bid announcement. Pending confirmation from the City Attorney, the City Manager did subsequently accept the original bid package to hold pending the City Attorney's response. This bid will be held for the second bid offering, if requested by the biddes, otherwise the bid will be returned unopened. Nine sets of the bid document were picked up. A new bid opening is scheduled for January 14, 1988 at 10:00 a.m. P. S. It has subsequently come to the City Manager's attenti on that we had recieved a 2nd bid in a timely fashion earlier that morning of the 23rd. This bid was not delivered properly to the City Secretary by City Staff, since such document was improperly marked. 2) Hall Johnson Elevated Storage Tank As previously reported no activity has taken place on site. Construction is expected to resume January 4. Following termination of Bal-Tex Construction Consultant's services, we are awaiting an inspection services proposal from Southwest Labs (via KEF) to provide such service for the techni ca 1 i nspecti on requi rements of the constructi on. The other basi c inspection work will be performed by in house and will be coordinated by the new Public Works Director. 3) Public Works Director The City Hanager is pleased to introduce to the Council and public the new Public Works Director, Lloyd Wood. Lloyd comes from a similar capacity in Pantego and has over 18 years experience in municipal/public works administration including Public Works Director and Assistant City manager for the City of Hutchinson, Kansas. Lloyd and his wife Gloria, live in Arlington and they have a daughter living at home and attending U.T.A. and a son who is an electrical engineer. Lloyd's experience will be a welcome addition to our public service team. 4) 5003 Colleyville Blvd. Attached please find an initial response from the owner and attorney representing Colleyville Associates. Following the receipt of this letter, the City manager called Mr. Hillsman to discuss compliance requirements. In essence, Mr. Hillsman has agreed to pursue compliance by platting the property subject to the requirements of the appl icable ordinances. However, Mr. Hillsman indicated a court battle should his company/partnership be expected to pay more than $13,000 previously agreed to be paid per approval by the prior administration. Mr. Hillsman, is to provide the City Manager a letter indicating has commitment. Pending receipt of a good faith commitment to comply, the administration will postpone involuntary compliance measures to allow time to achieve compliance. 5) Congratulations! Councilmember Chris Hawkins is the proud father of a new baby girl named Brecht who wei ghed 7 1 bs. 8 02. born December 26, 1987. Mom is doi ng fine, although we understand Chris did have to loose some sleep, but has since recuperated. Also, LaVada Johnson is the proud grandmother of a new baby girl born to her daughter Ci ndy. The baby wei ghed 7 1 bs. 8~ 02. and is named Jennifer Nicole. LaVada has taken off some during the week between Christmas and New Years to help with her new grandbaby. We have missed LaVada, but fortunately Connie Fleming has done a good job filling in for LaVada. 6) Tank Overflow On Christmas night a malfunction in the telemetry line, which allows for TRA to monitor our elevated tower on Bransford Road, malfunctioned causing TRA to overflow the tank. The adjoining property received excessive water but without any known damage to property. As indicated in the report provided by Kelly Howell, Water Superintendent we are in the process of correcting the communication problem and providing for improved drainage where possible. 7) Crime Report Congratulations are in order to Chief Steele and the Colleyville Police Department according to Uniform Crime Reports generated by the Texas Department of Public Safety. Colleyville was 13th of 14 metroplex municipalities indicated in a report prepared by Phillp Bressinck, Co. in the areas of personal and property crime, individually and combined. Chief Steele and his personnel are encouraged to keep up the good work! Please find the Chief's comment's regarding the statistical perspective of thi s report. 8) Notice of Violation Pl ease be advi sed that Mr. Abendroth and Mr. Cantrell of Jo Will Street have both reached compliance status regarding zoning violations previously existing at their residents. Also be advised that a Notice of Violation is to be delivered to the occupants of a travel trailer serving as a residence at 3304 Glade Road just east of the Grubbs Property. 9) Training Accident Please be advised that Chief Bailey reports that we had two firefighters (Robbie McKeown and Darrell Ladd) slightly burned around the face in a training exercise at the North Richland Hills Rookie School on December 18, 1987. Fortunately, no serious injury occurred. Chief Bailey will provide more information as such is available. Attached please find his report of 12/21/87 explaining this accident. 10) Fire Reports Please be advised per the attached that Chief Bailey confirms the security of two abandoned wells previously mentioned. Also, Amber Pipeline crews have repaired a section of their pipeline west of Hwy 26 near Ross Downs. On a lighter side residents have expressed appreciation to the Fire Department in their assistance in driving Santa Claus around the Tara Plantation neighborhood for the children's benefit. 11) ZBA Meet i ng Please be advised the the ZBA denied the request for a variance to build servants quarters above the garage in PUD-R Zoning as sought by Mr. and Mrs. John L. Keeton, 1105 Scarlet Court. See a portion of ZBA packet attached. 12) Building Permit Application Plans have been submitted for review prior to the issuance of a building permit for a 12,000+ square foot home to be built in Thornbury Addition for Mr. Herman Smith. Mr. Smith has previously platted 2 lots into 1 to accommodate this construction. Estimated value upon completion will exceed $1,000,000. 13) Public Works Job Well Done The City Manager is pleased to report that Larry Jenkins, Assistant Public Works Director has received a thank you for street repairs recently completed in Tara Plantation. Street Superintendent Larry Henderson and his personnel are to be congratulated, as well, on a job well done. 14) State Highway Dept.jPASS Program Mayor Hubbard and the City Manager met with Mr. Billie Hardee of the State Highway Department regarding City participation in the PASS program discussed at the prior meeting. As directed by the Council, the City Manager comrrunicated that the City was interested in participation subject to the Master Pl an improvements for Cheek Sparger. Whil e the State would prefer a larger R.O.W, i.e. 130' vs. 120', Mr. Hardee felt that the State could work within the existing R.O.W. to leave 10' of parkway on either side. However, the State will prefer more pavement which allows for up to 100' feet of pavement, shoulders and median anticipating 6 lanes of traffic. Since there exists significant local support for this road, and the benefit of currently available funds, Mr. Hardee felt that this project could authorize construction to commence as early as January 1990 (e.g. 3 yrs.). This road would, then, be built before Precinct Line Road. Attached please find a copy of the project plans prepared by Euless engineer's showing origination in Saginaw and termination in Irving. The Ci ty Manager reported to Mr. Hardee, that the Council may accept additional lanes within the 120 R.O.W. in consideration for the considerable local cost saving to Colleyville residents. Council feedback will be appreciated, if Council feels otherwise. 15) Agenda Items Two items were not included on the agenda due to additional time needed to prepare such for consideration. Budget amendments previously submitted needs a revisions to address the proposed special audit. Also, Developer Agreement for Woodland Hills 9th filing need additional Staff review time. Respectfully Submitted, ~ Robert T. McDaniel City Manager RMcDjczf