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HomeMy WebLinkAboutCity Council-Minutes-9/15/1986 CITY COUNCIL MINUTES SEPTEMBER 15, 1986 ~ 10 ~ 15-R6 PJ The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on September 15, 1986, at 7:30 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, Police Chief Donald Steele, Fire Chief Darrel Bailey, City Engineer Gary Fisher and City Secretary LaVada Johnson were also present. Invocation: Council person John White gave the invocation after which Mayor Hubbard lead the Pledge of Allegiance to the flag. Approval of Minutes: September 2, 1986 Council person Gore moved to approve the mi nutes of September 2, 1986 as corrected and amended. Council person Blemings seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none Correspondence: none City Manager's Report: City Manager Ballenger reported to the Council the following: 1. That all sewer lines had been installed in Chelsea Park and as soon as the testing of the lines were completed all the residents in the subdivision would have sewer available to their homes; 2. That the building for the Police Department had been moved to the parking lot waiting for the poured slab to cure; 3. That the pipe for the drainage under L.D. Lockett Road has been delivered with the work to begin as soon as the crews can schedule the project. Citizens wishing to speak to the Council concerning items not on the agenda: Those present wishing to speak to the Council were as follows: 1. Mike Sandlin, 3403 Cambridge Court, stating that he had delivered a letter to each Councilmember outlining the procedure that had been followed in regard to the Fox Meadow Development. Council person Gore called for point of order as the item being discussed was on the agenda. Councilperson Blemings pointed out that Mr. Sandlin spoke during this time as he would not have been allowed to debate or discussion item 10 of Old Business due to a parliamentary procedure because it was tabled. 2. Jim Beasley, 4601 Amberside Court, addressed the Council in regard to the value of the land and individuals not being able to afford homes in the City. He expressed the opinion that there was a need for smaller lots than one-half acre (20,000 square foot lots) and made a slide presentation of houses built by Sandlin Homes. (!.ITY COUNCIL MINUTES SEPTEMBER 15, 1986 Page 2 3. Phil Walters, 1716 Arthur Dri ve, complimented the contractor (Terry McCoy Construction Company) for the excellent job in regard to installing the sewer line in Chelsea Park and thanked the Council for the sewer in Chelsea Park. He expressed the opinion that there was a need for smaller lots in Colleyville as well as the 20,000 square feet lots. Mr. Walters requested that the Fox Meadows Developers Agreement be removed from the table. 4. Jim Martin, 1805 Arthur Drive, expressed his appreciation for the sewers in Chelsea Park and that he would like to see smaller lots in Colleyville due to the upkeep of the yards. OLD BUSINESS: 1. 3rd Reading and Public Hearing - Ordinance 0-86-625 - Ordinance governing the Texas Municipal Retirement System - "Updated Service Credits" TABLED City Manager Ballenger requested that this item remained on the table until information had been received from TMRS. 2. 3rd Reading and Public Hearing - Ordinance 0-86-619 - Ordinance providing for the Final approval of all preliminary plans and final plats by City Council Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-619. AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVI LLE CITY CODE BY PROVIDING FOR THE FINAL APPROVAL OF ALL PRELIMINARY PLANS AND FINAL PLATS BY THE CITY COUNCIL; MAKING TEXTURAL CHANGES IN CHAPTER 9 NECESSITATED BY THE PROCEDURE OF COUNCIL REVIEW OF PRELIMINARY PLANS AND FINAL PLATS; ESTABLISHING PROCEDURES AND TIME LIMITS FOR THE APPROVAL OF BOTH PRELIMINARY PLANS AND FINAL PLATS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Gore moved to approve Ordi nance 0-86-619. Council person Bl emi ngs seconded the moti on. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 3. 3rd Reading and Public Hearing - Ordinance 0-86-627 - Ordinance adopting Budget for Fiscal Year 1986-87 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-627 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE CITY OF COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986 THROUGH SEPTEMBER 30, 1987, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE ON OCTOBER 1, 1987 Those being no one present wishing to speak the Public Hearing was closed. Councilperson Blemings questioned whether the City received a franchise fee from the Railroad Company that passes thru Colleyville. The City Attorney explained that the right-of-way for CITY COUNC I L MINUTES SEPTEMBER 15, 1986 Page 3 the ra il road is owned by the Railroad Company and they were not requi red to pay any franchise fee to the City. Councilperson Gore questioned City Manager Ballenger in regard to the funds for the computer being requested by the Chief of Police being provided in the budget. City Manager Ballenger explained that the funds were provided for in the budget. Councilperson Gore complimented the Chief of Police on the excellent decision on the computer and software selected. The personnel from Councilperson Gore~ company had investigated the computer and only recommended an increase in the storage capacity as well as the computers at City Hall needed to be increased in the storage capacity. Counci 1 person Gore moved to approve Ordi nance 0-86-627. Council person Burke seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 4. 3rd Reading and Publ ic Hearing - Ordinance 0-86-628 - Ordinance setting tax rate of twenty-three and thirty-five hundreds (2335) cents Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-628 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEYVILLE, TEXAS, FOR THE 1986-87 FISCAL YEAR; ESTABLISHING THE AD VALOREM TAX RATE OF TWENTY-THREE AND THIRTY-FIVE HUNDREDS CENTS (2335 cents) PER ONE HUNDRED DOLLARS PROPERTY ASSESSMENT; PROVIDING FOR APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND GENERAL OPERATING NEEDS TO BECOME EFFECTIVE ON OCTOBER 1, 1986 There being no one present wishing to speak the Public Hearing was closed. Councilperson Grundy moved to approve Ordi nance 0-86-628. Council person Whi te seconded the moti on. Council person Blemings addressed the tax rate pointing out that Colleyville was the 35th of the lowest tax rate out of 36 entities in Tarrant County with this 2335 cents per $100 tax rate. The tax rate was due to the requirements of the City Charter which requi red the tax rate to be lowered from 278 cents to 2335 cents whi ch was "vergi ng on the ridiculous". The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 5. 2nd Reading and Public Hearing - Ordinance 0-86-629 - Ordinance amending the cost of bond required for streets cuts Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-629. There being no one present wishing to speak the Public Hearing was closed. 6. 2nd Reading and Public Hearing - Ordinance 0-86-630 - Ordinance providing for a Water Distribution System Capital Improvement Fee. . .etc. Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-630. Those present wishing to speak were as follows: Ron Bollinger, 3601 Brookside, Bedford, di scussed the amounts of the proposed ordi nance. Council person Gore expl a i ned that CITY COUNCIL MINUTES SEPTEMBER 15, 1986 Page 4 there woul d be a work sess i on with the developers before any amount was placed in the blanks of the proposed ordinance. Council person Burke questioned the City Attorney in regard to the legality of the ordinance without numbers being in the blanks during the reading of the proposed ordinance. City Attorney Foster explained that the ordinance would be legal as long as the blanks were filled before the ordinance was approved. 7. 2nd Reading and Public Hearing - Ordinance 0-86-631 - Ordinance providing a Roadway Capital Improvement Fee. . .etc. Mayor Hubbard opened the Publ ic Hearing and read the preamble to Ordinance 0-86-631. There being no one present wishing to speak the Public Hearing was closed. 8. Consideration and possible action on confirmation of Public Works Director This item was not acted upon. 9. Consideration and possible action on the appointment of Planning and Zoning Commission and Board of Adjustments Council person Burke compl imented the work that had been done by the present members of Planning and Zoning Commission and acknowledge the great job done by them, however, if those i ndi vi dua 1 s were not reappoi nted it was due to a trend for new faces in the appointed positions. Planning and Zoning Commission appointments: Councilperson White nominated H.L. Gibson for Place One. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none Councilperson Grundy nominated Gloria Dickerson for Place Two. Councilperson White seconded the motion. The vote being: Ayes: Grundy, White Noes: Blemings, Gore, Burke Councilperson White nominated Bob Barbutes for Place Two. Councilperson Blemings seconded the motion. The vote being: Ayes: Noes: Blemings, White, Grundy, Gore, Burke none Councilperson Burke nominated Charles Walton for Place Three. Council person White seconded the motion. The vote being: Ayes: Blemings, White, Gore, Burke Noes: Grundy Council person Gore nominated Marie Powell for Place Four. Councilperson Burke seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none CITY COUNC I L MINUTES SEPTEMBER 15, 1986 Page 5 Mayor Hubbard requested that plagues be prepared for the former Commissioners for their long hard work. Board of Adjustment appointments: Councilperson White nominated Don Austin as alternate. Councilperson Blemings seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none Council person Grundy nominated Florence "Red" Gibson for Place 1. Council person White seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none Council person Blemings nominated Opal Ethridge for Place 2. Councilperson Grundy seconded the motion. The vote being: Ayes: Noes: Blemings, White, Grundy, Gore, Burke none Councilperson White nominated Robert Van Til for Place 3. Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none Councilperson Gore nominated Gloria Dickerson for Alternate (for odd year appointment). Councilperson Grundy seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 10. Consideration of Developer Agreement for Fox Meadows Addition - David Washington TABLED Councilperson Burke moved to bring off the table the Fox Meadow Agreement. Councilperson Blemings seconded the motion. The vote being: Ayes: Noes: Blemings, Gore, Burke White, Grundy Councilperson Gore before voting expressed his reluctance in voting to remove from the table this item due to the threatening nature of a letter from the attorney of the seller of the property in question and only because the concerns of Mrs. Powell, a surrounding property owner, had been resolved. Council person White expressed his desire for a work session on this item as it had already been set up. Mike Sandlin addressed the Counci 1 expressi ng hi s wi 11 i ngness to pay the new Capital Impact Fee when the amount was decided upon, and would agree to that fact being in the developer agreement. Gary Cantrell addressed the easement for the pond on his property and his CITY COUNC I L MINUTES SEPTEMBER 15, 1986 Page 6 willingness to maintain said pond. After a lengthy discussion, Counci1person Gore moved to approve the agreement as modi fi ed (Attachment B as modifi ed by Council person Burke is attached), with the Mayor not signed the agreement until the documents were presented with the changes to the Council for their review and the City Attorney reviewed the agreement. Counci1person Burke seconded the motion. The vote being: Ayes: B1 emi ngs, White, Gore, Burke Noes: Grundy NEW BUSINESS: 1. Request to speak to the Council - Raman Chandler, General Partner for Sharp Farms Properties regarding Fox Meadows This item was deleted from the agenda at the request of Raman Chandler. 2. 1st Reading and Public Hearing - Ordinance 0-86-632 - Ordinance which prohibits the parking of certain vehicles in residential districts. . .etc Mayor Hubbard opened the Public Hearing and read the Ordinance 0-86-632 in its entirety. Those present wi shi ng to speak were as foll ows: Jim Moore, 1416 G1 ade Road; Opal Ethridge, 5309 Pleasant Run Road; Red Gibson, 309 Timberline North. There being no one else present wishing to speak the Public Hearing was closed. 3. 1st Reading and Public Hearing - Ordinance 0-86-633 - Ordinance deleting single family use in RD and PUD-R Mayor Hubbard opened the Public Hearing and read Ordinance 0-86-633 in its entirety. Those present wishing to speak were as follows: Jimmy Beasley, 4106 Amberside Court. There being no one else present wishing to speak the Public Hearing was closed. 4. Budget Report City Manager Ballenger explained the report given the Council. Council person Burke moved to adjourn the meeting at 10:35 p.m.. Council person Gore seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none RespeC1fUl~~ LaVada Johnson City Secretary 1 vj o~ /6: LfP~ ax:v ( . Approved on: ATTACHMENT "B" FOX MEADOWS 1. In accordance with currently existing City Ordinances, the half of Roberts Road immediately adjacent to this tract is being constructed to City standard design by the Developer. Roberts Road to the south is being similarly improved by the adjacent property owner, the Metrop1ex Covenant Church, to provide an improved street to Glade Road. a. The Developer agrees to place a 2-inch thick, 20-foot wide asphalt overlay on that portion of Roberts Road that is not currently being improved to City standard by the Metrop 1 ex Covenant Church. Furthermore, if the sa i d church does not construct any portion of Roberts Road, Developer agrees to construct any portion of Roberts Road from G1 ade Road to the south property 1 i ne of Fox Meadows. This pavement will be complete prior to issuance of the first building permit. Because of site restrictions, one access is provided to Roberts Road through this tract, a second access is provi ded to the west whi ch wi 11 connect through the Ci ty of Grapevi ne to Hall-Johnson Road (See Attachment "C", Ci ty of Grapevi ne 1 etter dated September 17, 1986). A thi rd street is extended out of thi s tract to pro.vi de additional access to Robert Road through the Louis Johnson tract when it is developed (See Attachment "D", Louis Johnson letter dated September 24. 1986). 2. The existing 8-inch water line in Roberts Road and the proposed 8-inch water line through the subdivision is in accordance with the existing City of Co1leyvil1e Water System Master Plan. The lines are served by way of existing 8-inch water lines along Glade Road, Martin Drive and Jackson Road. The water source is the Trinity River Authority connection at the intersection of Cheek-Sparger and Jackson Road. The water system improvements proposed within the subdivision are guaranteed by Developer to be adequate to provide water service after the project is fully developed. 3. Sanitary Sewer service is provided to this tract by way of an existing Trinity River Authority 12-inch pipeline parallel and adjacent to the west property line of this tract. This sanitary sewer pipeline is guaranteed by the Developer to be adequately sized to carry the flow from the currently anticipated fully developed watershed with this tract's currently existing zoning. The Trinity River Authority is contractually obligated to the City of Colleyville to provide sewer and will add additional capacity should it be needed in the future. 4. Surface drainage is being routed from this tract onto the Gary Cantrell property to the south. In accordance with an agreement with Mr. Cantrell and with Mrs. Marie Powell, (See Attachment liE II , Gary Cantrell letter dated September 25, 1986) who owns property immediately downstream of Mr. Cantrell, a storm water retention basin is being constructed on Mr. Cantrell's property which will retain the increase in storm water flow caused by this development during the 100 year, six (6) hour duration design storm such that the rate of flow is not increased by the development. An easement is provided covering this retention basin (Attachment "F", easement for storm water retention easement dated September 11, 1986). 3. Deed Restrictions for Fox Meadows Addition are provided (Attachment "G", Deed restrictions dated September 26, 1986).