HomeMy WebLinkAboutCity Council-Minutes-12/21/1987
CITY COUNC I L
MINUTES
DECEMBER 21, 1987
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The regular meeting of the City Council of the City of Colleyville was called to order
by Mayor Buck Hubbard on December 21, 1987 at 7:30 p.m.
Roll Call: Councilperson Doug Blemings, Chris Hawkins, Suzie Grundy, Charles Gore,
and Jack Burke were present. City Manager Robert McDani e 1, City Attorney
Ross Foster, Police Chief Don Steele, City1s Engineering Consultant Gary
Fisher, and Zoning Clerk Connie Fleming (sitting in for City Secretary
Lavada Johnson who was absent) were also present.
Invocation:
Councilperson Doug Blemings gave the invocation after which Councilperson Chris Hawkins
lead the Pledge of Allegiance to the flag.
Approval of Minutes: December 7, 1987
Councilperson Jack Burke moved to approve the minutes of December 7, 1987 as amended.
Councilperson Doug Blemings seconded the motion.
Ayes:
Noes:
Blemings, Hawkins, Grundy, Gore, Burke
none
Correspondence:
The City Manager informed the Council that he had received a letter from Trinity River
Authority. t~ayor Hubbard stated he would hold the letter to read with the agenda item
that it pertained to.
City Manager's Report:
City Manager McDani e 1 bri efl y di scussed the City Manager's Report dated December 21,
1987 (see attached).
Citizens wishing to speak to the Council concerning items not on the agenda:
There were no citizens wishing to speak.
OLD BUSINESS:
1. 2nd Reading and Public Hearing-Ordinance 0-87-663-0rdinance establishing 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 COLLEYVILLE, TEXAS: PROVIDING AND AUTHORIZING
PUBLICATION.
There being no one present to speak, the public hearing was closed.
2. 2nd Reading and Public Hearing-Ordinance 0-87-665-0rdinance 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.
CITY COUNC I L
MINUTES
DECEMBER 21, 1987
page 2
AN ORDINANCE AMENDING SECTION 15 OF CHAPTER 7 OF THE COLLEYVILLE 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, "RULES ON FOOD SERVICE SANITATION"
AND "RULES ON RETAIL STORE SANITATION"; REQUIRING PERMITS FOR THE OPERATION
OF FOOD ESTABLISHMENTS; DESIGNATING TARRANT COUNTY HEALTH DEPARTMENT DIRECTOR
AS THE HEALTH AUTHORITY; REQUI RING FOOD SERVICE MANAGER CERTI FICATION IN FOOD
SANITATION; PROVIDING REMEDIES AND PENALTIES FOR VIOLATIONS OF THE ORDINANCE;
AND AUTHORIZING PUBLICATION.
There being no one present to speak the public hearing was closed.
3. Discussion and Consideration of Resolution R-87-347 Supporting
Precinct Line Road Im,provements.
Mayor Hubbard requested the City Manager to make comments on this item. City Manager
McDaniel stated that we need to inform our area cities and the state as to the degree
of participation the City would agree to for Precinct Line Road improvements. Mayor
Hubbard read Resolution R-87-347 in its entirety. Mayor Hubbard stated that there
would be very little, if any utility relocation and that the state would locate the
center right-of-way of the road. Councilperson Gore suggested that Sec. 3 of the
Resol uti on be changed to read: THAT the City and/or the County agrees to provide the
needed additional R.O.W. by dedication, donation and/or purchase, subject to the
approval of the City Council.
Councilperson Gore moved to approve R-87-347 as corrected. Councilperson Burke seconded
the motion. Councilperson Grundy stated the City had road in greater need of City
funds and if Precinct Line Road would be at no cost to the City then she could vote
for the Resolution. Councilperson Blemings stated that he did not see the need for
expanding the R.O.W. from 100' to 130'. Mayor Hubbard stated that the State would
not accept anything less than 130' R.O.W. The vote being:
Ayes: Blemings, Hawkins, Gore, Burke
Noes: Grundy
NEW BUSINESS:
1. Discussion and Consideration of Possible Action Regarding Businesses Currently
Operating at 5003 and 5005 Colleyville Blvd. with invalid Certificate's of
Occupancy; -Councilperson Chris Hawkins.
Councilperson Hawkins reported that according to the City's records Burrus Supermarket,
Pictorial Press, and Taco Bell are all on one lot. To comply with City Ordinances,
the property would have to be replatted into equal number of lots per the number of
principle uses and new Certificates of Occupancy be applied for.
2. Discussion and Consideration of Violation of Perimeter Street and Platting
Ordinance @ 5003 Colleyville Blvd. and other locations-Council person Chris
Hawkins.
Council person Hawki ns stated that the fil es contain correspondence where the current
owner, Mr. Callahan or Colleyville Associates, had agreed to comply with the former
City Manager's interpretation of the Perimeter Street Ordinance in Feb. 1987.
CITY COUNCI L
MINUTES
DECEMBER 21, 1987
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Counc i 1 person Hawki ns also stated that the records i ndi cate that there has never been
anything paid towards perimeter streets by the owner. Council person Hawki ns stated
a 555' section of Glade Road would have to be built in accordance with the City's
thoroughfare specifications at an approximate cost of $187,400; also when the impact
fees were collected it was a little over $5000 short of the correct amount due.
Councilperson Hawkins asked the opinion of the City Council to direct the City Manager,
with the help of the City Attorney, if necessary, to bring the property in compliance
with the City's Zoning Ordinances.
Item 17 was considered at this time at the request of Councilperson Gore.
17. Discussion and Consideration of Hiring an Outside Audit finn to Detemine
Compl iance with City Ordinances Requiring Legal Exactions, Fees, and Charges
from Developers, Subdividers, and Building Pemittees; Mayor ProTem Gore.
Council person Gore requested that Mayor Hubbard step down due to item having di rect
relationship to some of the Mayor's recent experiences on Sewers and Ordinances. Mayor
Hubbard declined to step down. Councilperson Gore read City Manager McDaniel 's comments
See attached.
Councilperson Gore moved to fund a special audit team. Councilperson Grundy seconded
the motion. Councilperson Gore amended the motion to state that the audit shall not
exceed $20,000 unless it comes back to Council for additional approval. The Council
di rected the City Manager to prepare a Request for Proposal. Counci 1 person Grundy
suggested the audit be taken back 8 years. Councilperson Gore suggested that the records
previous to 1980 be impounded. Council person Gore suggested that the auditors go back
to 1974. The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: None
3. Discussion and Consideration of Authorizing the Temporary Transfer of Line
Capacity from Joe Wright to the Carroll Independent School District to Provide
Sanitary Service to the new Carroll Elementary School.
Bi 11 LeGrand of the City of Southl ake was present to request the temporary use of
Colleyville's line for the Carroll Independent School District until the TRA line could
be completed. Wayne Hunter, Manager of Waste Water Services for the Trinity River
Authority was present. Phil Kelley, 2808 Sherwood was present to speak.
Councilperson Gore moved to give pemission to the Southlake School District to tie
on. Councilperson Chris Hawkins seconded the motion. Council person Gore amended the
motion to pemit the school to tap into the sewer system providing that the City of
Southlake post a $50,000 bond and the City of Southlake to contact the City Manager
concerning reimbursement fees. Councilperson Burke suggested that any permission
indemnity the City from liability of a faulty line. The vote being:
Ayes:
Noes:
Blemings, Hawkins, Gore, Burke
Grundy
4. Discussion and Consideration of Participating in the Principal Arterial Street
System (PASS).
City Manager McDaniel reported the State is offering Cities to designate roads for
possible inclusion in the PASS program. City Manager McDaniel suggested the City include
Cheek Sparger Road, Highway 26, and Hall Johnson Road. City Manager also stated that
CITY COUNCIL
MINUTES
DECEMBER 21, 1987
page 4
for roads included in the PASS program expect to reevaluate a possible reduction in
impact fees. Councilperson Gore stepped down due to conflict of interest.
Councilperson Burke moved to participate in the program with 3 projects~ that being
Cheek Sparger, Hwy 26, and Hall Johnson Road, and have the City Manager enroll us in
accordance with our Master Plan. Councilperson Blemings seconded the motion. The
vote being:
Ayes:
Noes:
Blemings, Hawkins, Grundy, Burke
None
5. Discussion and Consideration of sexually oriented businesses in
Colleyville-Councilperson Doug Blemings.
Councilperson Blemings gave background on the reason this item was placed on the agenda
and expressed concern that an ordinance be drawn prohibiting sexually oriented businesses
in the City.
Councilperson Blemings moved that if we do not already have one on the books an ordinance
be drafted to keep these types of businesses out of town. Councilperson Grundy seconded
the motion.
Ayes: Blemings, Hawkins, Grundy,Gore, Burke
Noes: None
6. Report from Councilperson Chris Hawkins on engineering firm selection committee
for the proposed North Tarrant County Freeway Study.
Council person Hawkins reported that the meeting was held and a firm had been selected
to study the potential need for the North Tarrant County Freeway.
7. Discussion and Consideration of request for an adjustment per Ordinance
0-87-643, Section 1 by Ron Bollinger, Hills of Central Park on Impact Fee
for sprinkler system.
Ron Bollinger requested the Council adjust the impact fee being charged for a sprinkler
system. He further requested that MUS fees previously paid be credited against the
impact fee due. The Council took no action to grant Mr. Boll inger any adjustments
on his fees.
8. 1st Reading and Public Hearing-Ordinance 0-87-664-0rdinance amending Section
9 of Chapter 9 of Colleyville code by providing that the developer of
subdivision pay actual costs plus 10% for street signs.
Council choose to pass over item #8 and defer to next meeting.
9. 1st Reading and Public Hearing-Ordinance 0-87-666-0rdinance amending Chapter
9 of the Colleyville Code by adding Section 12, establishing a drainage policy.
Mayor Hubbard opened the Public Hearing and read Ordinance 0-87-666 in its entirety.
There being no one present wishing to speak the Public Hearing was closed.
10. 1st Reading and Public Hearing-Ordinance 0-87-667-0rdinance amending Part
I of Section 6 of Chapter 9 of the Colleyvi lle Code in regard to perimeter
street requirements for single lot subdivisions.
C!TV COUNC I L
MINUTES
DECEMBER 21, 1987
page 5
Mayor Hubbard opened the Public Hearing and read Ordinance 0-87-668 in its entirety.
There being no one present wishing to speak the Public Hearing was closed. City Attorney
Ross Foster suggested changes consisting of: IIProvided, however, if the subdivision
consist of only one lot, used for residential purposes only, and the developer does
not own any contiguous unplatted property, the developer shall escrow with the City
only the costs of curbs, gutters, and driveway aprons immediately abutting the property.
Plans for the improvement of the roadway shall not be required of the developer, however,
failure to provide adequate provisions for the payment of the cost of curbs, gutters,
and driveway aprons shall be grounds for denial of the final plat. No building permit
or Certificate of Occupancy shall be issued on said lot other than for residential
purposes unless an amount sufficient to pay for 1/2 of the street and all adjacent
improvements when added to the amount previ ous 1 y paid hereunder is escrowed with the
City. Such escrow without interest shall be applied against the accessment for
improvements levied on such property, but shall not be deemed to release such property
from liability from any cost assessed which exceed the amount paid.~
11. 1st Reading and Publ ic Hearing-Ordinance 0-87-668-0rdinance amending Chapter
7 of the Colleyville Code by adding Section 16-reguiring engineer, surveyors,
architects, and other professionals to have liability insurance.
Mayor Hubbard opened the Public Hearing. Mayor ProTem Gore read Ordinance 0-87-668in
it entirety. There being no one wishing to speak the Public Hearing was closed.
12. 1st Reading and Public Hearing- Ordinance 0-87-668E-Ordinance amending Chapter
3 of the Colleyville Code in regard to Flood Hazard Area Regulations/Declaring
an Emergency.
Mayor Hubbard opened the Public Hearing and read Ordinance 0-87-669E in its entirety.
There being no one present wishing to speak to Public Hearing was closed.
Councilperson Grundy moved to approve Ordinance 0-87-669E. Councilperson Gore seconded
the motion.
The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: None
13. 1st Reading and Publ ic Hearing-Ordinance 0-87-669-0rdinance amending Chapter
3 of the Colleyville Code in regard to Flood Hazard Area Regulations.
Mayor Hubbard opened the Public Hearing and read Ordinance 0-87-669 in its entirety.
Jim Moore, 1416 Glade asked the Council how this ordinance would effect the Board of
Adjustments granti ng vari ances to put mobile homes behi nd homes for e 1 derl y parents.
Mayor Hubbard stated it would only effect them unless the Mobile Home was located in
the flood plain.
14. Discussion and Consideration of Developer's Agreement for Woodland Hills 9th
filing.
Council deferred item #14 till next meeting.
15. Discussion and Consideration of Proposed Budget Amendments to FY 87/88 Annual
Budget.
Council deferred item #15 till next meeting.
CITY COUNCI L
MINUTES
DECEMBER 21, 1987
page 6
16. Public Hearing-for Proposed Tariff revision by Tri-County Electric Cooperative,
Inc., to decrease residential rate.
Mayor Hubbard opened the Public Hearing. There being no one present to speak the Public
Hearing was close.
18. Budget Report
Council passed over item #18
19. EXECUTIVE SESSION-In accordance with Article 6252-17 Sec 2 paragraphs e and
f- Discussion of status of current litigation; Discussion of Land Disposition
Mayor Hubbard explained that the executive session had been called in accordance with
Article 6252-17 Sec 2 paragraph e and f-litigation and discussion of Land Disposition
and that there would be no decisions or action taken during this time. The meeting
was recessed at 11:55 p.m. The meeting was reconvened at 12:12 a.m.
Council person Grundy moved to adjourn the meeting at 12:13 a.m. Council person Doug
Blemings seconded the motion. The vote being:
Ayes: Blemings, Hawkins, Grundy, Gore, Burke
Noes: None
Respectfully Submitted,
c~~to~rY10
Zoning Clerk
Approved on
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CITY MANAGER'S REPORT
DECEMBER 21, 1987
1) MERRY CHRISTMAS
The City Manager extends his thanks and appreciation to the Citizens, Council,
and City Staff for your support prior to my first Christmas with the City
of Colleyville. Your help has been greatly appreciated. The City Council
is invited to join the City Staff for a Christmas dinner set for December
22, 1987 at 12:00 p.m. at City Hall. A Merry Christmas to you and yours
and remember...Jesus is the Reason for the Season.
2) MAINTAINER WORK
As planned we have rented a maintainer for needed road work. Rain on t~onday
slowed us down. However, the clear weather starting on Tuesday allowed us
to begin work. Work has begun on the unpaved portion of Pleasant Run at
Cutter Ridge north of the Rail Road tracks and on McCain Road west of Pleasant
Run. t4e are scheduled to work Saturday's for this two week rental period.
Weekly rates for 2 weeks are $621/week.
3) RELEASED PLEDGED SECURITIES
Per our depository bank agreement with First City Colleyville we allow the
reinvestment of City funds in other member banks with F.D.I.C. Coverage
of $100,000 per account. Per that agreement I have authorized the release
of $975,000 in pledged securities held for joint safe keeping in the Federal
Reserve Bank Dallas. This amount is now covered thru the member F.D.I.C.
reinsured program via the First City network. Please see attached information.
The City's assets are now covered by $3.32 million in this program plus $1.1
million held in joint safe keeping with the Federal Reserve Bank in Dallas
and F.D.I.C. coverage at the First City Bank of Colleyville of $100,000.
4) VIAL OF LIFE PROGRAM
Attached hereto please find Chief Bailey's description of the "Vial of Life
Programll' I've asked Chi ef Bai 1 ey to provi de packets for the Counci 1 at
Monday's meeting and have extra supplies to distribute during a Council meeting
recess. I urge the Council and Citi zens to join in thi s program and 1 end
their support to its success in saving lives. Chief Bailey will be absent
to attend the Fire Department's Christmas Party.
5) CABLE TV COMPLIANCE
As requested by Councilmember Blemings, a review of the franchise ordinance
finds Storer Cable to be in noncompliance in one area--that of providing
the City with an update system map which is currently being prepared to be
provided the City. Such will bring Storer into current compliance with our
ordinance.
Regarding the "bullet" pedestals in Woodland Hills, Ron Brown of Storer Cable
reports that they have agreed to locate these units underground or in the
rear of the property. Should they have to relocate their pedestals in the
rear, Jim Brown estimates that such would cost the Cable Company $70,000.
6) HALL ROAD ELEVATED STORAGE TANK
Be advised that the contractor has set his steel framing Jlg for forming
the steel storage tank on the site. Attached, please find a copy of C.R.
Ballenger's report on construction inspection.
7) MUNICIPAL COURT PROCEEDS
Council had previously inquired into the decline in this activity. As
indicated in the attached Municipal Court Report thru November 1987, such
trend has been improved. Also, state law has allowed a return to deferred
adjudication(i.e. plea bargaining to a lesser offense) which should result
in fewer appeals. We expect this trend since the beginning of the new FY
to continue. Note, one attorney has accepted 70 cases with deferred
adjudication while appealing 9 of the 79 represented by his firm. Approximate
benifit to the Municipal Court equals 70 x $25=$1,750 which we would otherwise
have lost.
8) CHELSEA PARK STREET LIGHTS
Suzanne Scott of Chelsea Park called to clarify our previous understanding
that the easements would not be acquired due to lack of cooperation. Suzanne
indicated that the remaining property owners have not yet been contacted.
She feels that extra effort at contacting the property owners by TU Electric
shoul d produce executed easements. TU El ectri c has been requested by the
City Manager to take extra efforts as needed to contact the property owners.
9) WATER BREAK 12/6
Council inquired into why City Crews were seen on Pleasant Run entering
Southlake Sunday night. We had a water break on Bandit Trail in Keller where
the City provides water service to customers outside our City. Also, several
trips were made to and from to obtain necessary parts.
10) BUILDING PERMIT ACTIVITY
Attached please find a special report for Residential permits issued over
the last 12 months. As indicated construction activity continues to be strong.
11) COLLEYVILLE MOVIE
Note, due to complaints received for obstructing traffic, we have communicated
to the movie production company through Chief Steele that 1) the City would
not provide any more off duty officers and 2) they would not be allowed to
continue to stop traffic on public streets. We understand that, Friday,
December 17 is expected to be the 1 ast day the movi e company wi 11 be in
Colleyville.
Respectfully Submitted,
~
Robert T. McDaniel
City Manager
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