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HomeMy WebLinkAboutCity Council-Minutes-3/16/1987 CITY COUNC I L MINUTES MARCH 16, 1987 \ n- L ,~ to, ~l ' ' ,V-';--/ \ \ :F'v;01 , ,1,/~ - J; )/1 ,} \iY~ " ~ ~\/ \.( " [', ) \i-y;C'Lg \ -,\ . V\ jy' '!,v , , U The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on March 16, 1987, at 7:40 p.m. Roll Call: Council person Doug Blemings, John White, Suzie Grundy, Charles Gore, and Jack Burke were present. City Manager C.R. Ballenger, City Attorney Ross Foster, Chief of Police Don Steele, Fire Chief Darrel Bailey, City's Engineering Consultant Gary Fisher and City Secretary LaVada Johnson were also present. Invocation: Councilperson Jack Burke gave the invocation after which Councilperson John White lead the Pledge of Allegiance to the flag. Approval of Minutes: March 2, 1987 Councilperson Gore moved to approve the minutes of March 2, 1987 as amended. Council person Grundy seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none Correspondence: none City Manager's Report: City Manager Ballenger read his report to the Council as follows: 1. The water, sewer, and streets in the Village Park Subdivision are 95% complete, the basic thing left is the tie-in into the existing streets and the clean-up. Some additional work will need to be done in the area of the drainage, fencing along the adjacent properties. 2. The State is in the process of reworking the signal lights at Hwy 26 and Glade Road to control the traffic into the Village Park project. 3. The gas company has completed the line relocation and work should begin on the Glade Road project in the near future. 4. The televising of the EPA sewer line has been completed and I am awaiting a report from the City Eng i neer to determi ne the scope of the work needed to repa i r the line. 5. Absentee balloting starts Monday, March 23rd. 6. The City contacted the telephone company to locate their cables and have asked TC Electric to relocate their line at Cheek Sparger and San Bar. When this is accomplished we will modify the transition to improve the drainage, as well as safety. 7. The City had been flown for the aerial photography necessary to prepare the topographic maps for the City. CITY COUNC I L MINUTES MARCH 16, 1987 Page 2 City Manager Ballenger also pointed out that the State Legislators were changing the election days to have the City's elections for Council to be in May starting in 1988. Councilperson Gore requested that the Council be given a report on the amount of water billed versus water purchased. Councilperson Grundy questioned the reason for the name change of Tarrant County Waste. Council person Bl emi ngs questioned the Nati ona 1 Electrical Code in regard to being amended at the local level. Council person Burke requested that the City Manager's Report include a status report on the new water tank on Hall-Johnson Road project until it is completed. Citizens wishing to speak to the Council concerning items not on the agenda. 1. R.C. Hightower, 3429 Brown Trail, in regard to the installment of a sewer line to his house at 300 John McCain as a part of the easement agreement given by him to the City. OLD BUSINESS: 1. Report to the Council regarding the history of Fairway Addition and possible instructions to the staff (Councilperson Grundy) The City Manager highlighted his findings on this as presented in his interoffice memo dated March 13, 1987. The citizens of the Fairway Addition present expressed their concern over the zoning of the homes, those speaking were as follows: Jim Taylor, Precinct Line and McDonwell School Road - why should the citizens have to have this property zoned; Frank Cox, 6608 Curtis Road - explain the problem he was experiencing with dust; Bi 11 White, 6611 Curti s - if zoned woul d 1 i ke other areas to be concerned in the zoning; Johnny Cox, 6700 Curtis - gave some background information; Laura Harden, 6609 Herbert - expressed her concern of having to zoning the property. The City Attorney was instructed to give a written legal opinion on the options that the Council has available to it in this matter. 2. 3rd Reading and Public Hearing - Ordinance 0-87-641 - Ordinance amending the zoning of a tract of land in R.B. Williams Survey, Abstract 1674, Tract 2D3 from AG to R-40 at the request of Michael Carroll, case Z-87-617, located on the corner of Westcoat and John McCain Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-641 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A TRACT OF LAND SITUATED IN THE R.B. WILLIAMS SURVEY, ABSTRACT 1674, TRACT 203, TO THE CITY OF COLLEYVILLE, TEXAS, FROM AG TO R-40; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were as follows: Michael Carroll, 7816 Amy Lane, North Richland Hills, applicant. There being no one else present wishing to speak the Public Hearing was closed. Council person Grundy moved to approve Ordinance 0-87-641. Councilperson Blemings seconded the motion. Ayes: Blemings, White, Grundy, Burke Noes: Gore CITY COUNC I L MINUTES MARCH 16, 1987 Page 3 3. 3rd Reading and Public Hearing - Ordinance 0-87-642 - Ordinance amending the zoning of a tract of land in D.R. Blanton Survey, Abstract 233, Tract 2A1 from R-40 to R-20 at the request of John Turner, case Z-87-618, located on Bluebonnet Road Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-642 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A TRACT OF LAND SITUATED IN THE D. R. BLANTON SURVEY, ABSTRACT 233, TRACT 2A1, TO THE CITY OF COLLEYVILLE, TEXAS FROM R-40 to R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were as follows: John Turner, 5019 Bluebonnet Road, applicant. There being no one else present wishing to speak the Public Hearing was closed. Council person Grundy moved to approve Ordinance 0-87-642. Council person White seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 4. Consideration and possible action of the Developer Agreement for Monticello Addition Dan Pedan, engineer for Cheatham and Associates, 1601 E. Lamar, Suite 212, Arlington, Texas 76011, representing Emerald Green, LTD owner of Monticello Addition and Cary Hy, representing Larry Cole, spoke to and answered questions of the Council in regard to the developer agreement for Monticello Addition. The developer's agreement was discussed item by item with changes being made by mutual consent of both entities. (Approved agreement attached.) Councilperson Gore moved to approve the developer agreement for Monticello on the contingent that Larry Cole agreed to all the items. Council person Blemings seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 5. FINAL PLAT APPROVAL - Monticello Addition, case Z-87-614, 815.189 acres of 1 and out of the W. E. Crooks Survey, Abstract 296 and 0.37 acres of 1 and out of the R. B. Williams Survey, Abstract 1674 (Preliminarily platted as Emerald Green, approved September, 1986) North of John McCain Road and West of Pleasant Run Road Dan Pedan, engineer for Cheatham and Associates, 1601 E. Lamar, Suite 212, Arlington, Texas 76011, representing Emerald Green, LTD owner of Monticello Addition and Cary Hy, representing Larry Cole, spoke to the Council. Mr. Pedan assured the Council that all the items that had been agreed to were added to the plat. Councilperson Gore stated for the record that if he had been on the Council at the time of zoning, he woul d not have voted for this development, he does not like the lot sizes, does not like its location nor does he support the development but unfortunate this Council is obligated to go thru with this development so at this time but with great reluctance, Councilperson Gore moved to accept and approve Z-87-614, final plat for the first phase of Monticello CITY COUNC I L MINUTES MARCH 16, 1987 Page 4 Addition. Council person Burke seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 6. 2nd Reading and Public Hearing - Ordinance 0-87-643 - Ordinance amending the Capital Improvement Fees for the water distribution system and the thoroughfare system of the City of Colleyville Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-87-643. There being no one present wishing to speak the Public Hearing was closed. NEW BUSINESS: 5. COMBINATION PLAT APPROVAL - John Turner, case Z-87-619, D.R. Blanton Survey, Abstract 233, Tract 2A1 - located on Bluebonnet Road Councilperson Grundy moved to approve Z-87-619, Turner Addition, Block 1 - Lots 1 and 2. Councilperson White seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 6. PRELIMINARY PLAT APPROVAL - Coll eyvi 11 e Joint Venture, case Z-87-626, Robert Chowning Survey, Abstract 294 and W.R. Joyce Survey, Abstract 885 - 6.6199 acres of land - located on Pool Road This item was deleted from the agenda by the City Manager before the meeting. 7. REPLAT APPROVAL - Elmer L. Hanner, case Z-87-628, 5405 Montclair, Lot 1, Block 1, Tom Moore Addition Council person Gore moved to approve Z-87-628, Hi 11 top Addi ti on, Block 1 - Lots 1 and 2. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 1. Discussion and Possible Action on streets requested by Councilperson White Council person White pointed out that of the $150,000 that had been budgeted, $50,000 would be spend on the County participation streets, $30,000 repair work in the first 6 months wi th $30,000 for the next 6 months. Council person White requested that the Council spend $6,000 for a 200 foot of Pleasant Run Road; spend $10,000 for a 200 foot on Gl ade Road in front of Chelsea Park additi on; and spend $24,000 on Cheek-Sparger from Hwy 26 to Glade Road with the worst sections being repaired. Councilperson Grundy moved to approve John White's list of streets to be improved for $40,000. Councilperson White seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none CITY COUNCI L MINUTES MARCH 16, 1987 Page 5 2. Discussion and Possible Action on Industrial Development in Colleyville (Councilperson White) Council person White expressed his oplnlon that there did not need to be any Industrial Development in the City of Colleyville and he would like to see the portions currently zoned ML be changed to Commercial. No action was taken. 3. Discussion and possible action concerning the liability deduction on insurance for the next calendar year City Manager Ballenger informed the Council that annual cost of 1 iabil ity insurance with $1000 deductible will be $85,133 and with a deductible of $5,000 the cost will be $73,311. The Council directed the City Manager to go with $73,311 without a formal vote. 4. Discussion and possible action to instruct the City Attorney to draw ordinance relative to charges for excessive responses to burglar alarms Police Chief Steele explained the need for an ordinance to charge for excessive responses to the false burglar alarm calls. Councilperson Gore moved to instruct the City Attorney to draw up an ordinance for false alarms allowing 3 free alarms annually (beginning with January 1 of each year) with a charge of $25 for all false alarms thereafter. Councilperson Grundy seconded the motion. The vote being: Ayes: Noes: Blemings, White, Grundy, Gore, Burke none 8. Budget Report Due to the late hour, the budget report was not discussed. Council person White moved to adjourn the meeting at 11:47 p.m. Council person Grundy seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Burke Noes: none (note: Council person Gore was not in the Council room at the time of the vote but was in the building.) 1 vj /lrr-l'(J ~ /f/7 c2a/ ~ Approved on: CITY OF COLLEYVILLE CITY - DEVELOPER AGREEMENT MONTI CELLO STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENT: THAT Monticello Addition, Emerald Green Ltd., Owner hereinafter called Developer, and the City of Colleyville, Tarrant County, Texas, hereinafter called City enter into the following contract. In consideration of the mutual covenants herein contained and for Monticello Addition, to the City of Colleyville, Texas, as filed of record in Volume ____, Page ____ of the Plat Records of Tarrant County, Texas, the parties hereto do agree: 1. The Owner/Developer agrees to abide by any new Municipal Utility Services charge or Capital Recovery Fee ordinances that are in effect at time of issuing Building Permits. 2. The Owner/Developer further agrees to provide the City with drawings of the street construction plans for the development. It is further agreed that street design will be in accordance with the City standards in effect at the time construction begins. 3. The Owner/Developer will provide a complete service connection for each unit. The charge for the right to connect to the system shall be in accordance with the City's current Water and Sewer tap fees and will be charged and paid at the time building permits are issued. 4. The Owner/Developer agrees to pay to the City an inspection fee in the amount of 3% of the construction cost of all utility, drainage and street facilities when built on-site and an inspection fee of 5% will be charged for all facilities built off-site. At no cost to the City, the Owner/Developer will furnish complete construction plans by a Regi stered Professi onal Engi neer who wi 11 furni sh constructi on 1 ayout, cut sheets and field adjustments, with copies of all documents supplied to the City. Upon completion of the water and sewer will provide as-built drawing's before acceptance and final approval by the City. 5. The Owner/Developer will negoti ate and contract for street constructi on pl us drainage, water and sewer requirements with reputable contractors. All contract documents shall be prepared under the supervision and bear the seal of a Registered Professional Engineer, who shall be licensed by the State of Texas. Such contractor or contractors will submit to the City prior to beginning of construction a certification of insurance showing liability coverage of not less than $100,000.00 and show proof of Workmen's Compensati on Insurance in force. Before acceptance of the project by the City, the contractor or contractors will furnish a maintenance bond or place in escrow a 10% cash maintenance bond for a total of two (2) years after all said construction is completed. All fees must be paid in full prior to issuance of building permits. 6. The Owner/Developer will provide street lighting for the Monticello Addition. All costs will be borne by the Developer including the electricity for operation until the Monticello Addition is 75% developed. At that time the City will become responsible for the operating cost and maintenance of the lights. 7. The Owner/Developer will reimburse the City for the installation of street name signs, "Stop" signs or any other traffic control signs, material and labor payable before installation. 8. The Owner/Developer agrees to furnish all permits, easements, rights-of-way or other sites necessary for the project at no cost to the City, or reimburse the City for all cost incurred if such items are acquired by the City, and to abide by all properly approved rules and regulations of the City of Colleyville. 9. All responsibility and liability for drainage to adjoining property subdivision will accrue to the Developer. Drainage onto downstream property should occur only in existing creeks, channels or storm sewers. 10. There will be a temporary sales office in the common area (Lot 15 Block 2) operated during business hours and manned by the Developer's employees until the project is 90% sold out. 11. Owner/Developer agrees that the common areas of the Monticello Addition, including the lakes, shall be designated "Private open space". "Private open space" shall mean that the designated space will be owned, maintained and fenced by Owner/Developer, its successors or assigns. Jogging path will be available to adjacent property for possible future connection, providing users abide by Rules and Regulations of Monticello Homeowner's Association. The common areas will be deeded to Monticello Homeowners Association, Inc., a Texas non-profit corporation to be formed when the project is 75% sold out. The Articles and By-Laws will be in conformity with the Developers Agreement and the City will have the right to review. 12. Adherence to the terms of thi s agreement, hereto and i nspecti on approval by the City of Colleyville will be prerequisite to the issuance of building permits. 13. The Owner/Developer further agrees that physical public improvements shall become the property of the City of Colleyville only after completion of the work, a good titl e warranted free of any 1 i ens or encumbrances, fi na 1 acceptance issued by the City of Colleyville, submission of the aforementioned maintenance bonds, and when all of the facilities are constructed. 14. The Owner/Developer understands that he had no authority to cancel or amend the terms of this agreement without specific written authority of the City. 15. I f for any reason the ownershi p of the property shoul d change pri or to the final completion it is agreed that these conditions will pass from this Owner to the next and the City will require proper signatures of the new Owners agreeing to the terms of this document. These signatures will be necessary before additional permits will be issued. 16. The Owner/Developer agrees not to make site plan changes without City Council approval. 17. The Owner/Developer agrees to notify potential homeowners of Private Airstrip located east of project such notification to be clearly addressed in the deed restrictions. 18. The Owner/Developer agrees to construct a water line along Westcoat Drive necessary to serve Monticello. Size of the line and the construction procedure will be in accordance with construction plans approved by City Engineer. 19. The Owner/Developer agrees to build a twenty-four (24) foot wide section of road for approximately three hundred seventy seven (377) feet along the south boundary of project. A twenty-four (24) foot wide road narrowing to twenty (20) feet along the west boundary which will be two (2) inch thick over a stabilized base for approximately two hundred (200) feet. A two (2) inch overlay on a pulverized and rolled base for approximately fifteen hundred (1500) feet from Westcoat Drive to Pleasant Run Road. IN WITNESS WHEREOF, the parties to these present have executed this Contract in three (3) counterparts, each of which shall be deemed an original on this, the day of , 1987. EMERALD GREEN, LTD. City of Colleyville Larry Cole, President J.R. "Buck" Hubbard, Mayor Attest: LaVada Johnson, City Secretary CITY OF COllEYVI llE CITY MANAGER'S REPORT MARCH 16, 1987 1. The water, sewer, and streets in the Village Park Subdivision are 95% complete, the basic thing left is the tie-in into the existing streets and the clean-up. Some additional work will need to be done in the area of the drainage, fencing along the adjacent properties. 2. The State is in the process of reworking the signal lights at Glade Road to control the traffic into the Village Park project. 3. The gas company has completed the 1 ine relocation and work should begin on the Glade Road project in the near future. 4. The televising of the EPA sewer line has been completed and I am awaiting a report from the City Engineer to determine the scope of the work needed to repair the line. 5. Absentee balloting starts Monday. 6. We have contacted the telephone company to locate their cables and have asked TC Electric to relocate their line at Cheek Sparger and San Bar, when this is accomplished we will modify the transition to improve the drainage, as well as safety. 7. The City has been flown for the aerial photography necessary to prepare the topographic maps for the City. Sincerely, ?-/V~ ..---/ ---- C.R. Ballenger City Manager CRB/lvj P. O. BOX 18S COLlEVVILLE, TEXAS 16034 (817) 281-4044