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HomeMy WebLinkAboutCity Council-Minutes-9/2/1986 CITY COUNC I L MINUTES SEPTEMBER 2, 1986 C\ ~~~g~ ~~ The regular meeting of the City Council of the City of Co11eyyi11e was called to order by Mayor Buck Hubbard on September 2, 1986, at 7:30 p.m. Roll Call: Council person Doug B1emings, John White, Suzie Grundy, Charles Gore, and Jack Burke were present. City Manaqer C.R. Ballenqer, City Attorney Ross Foster, Police Chief Donald Steele, Fire Chief Darre1 Bailey, City Engineer Gary Fisher and City Secretary LaVada Johnson were also present. Invocation: Council person Doug B1emings gave the inyocation after which Mayor Hubbard lead the Pledge of Allegiance to the flag. Approval of Minutes: August 18, 1986 Council person Burke moved to approve the mi nutes of August 18, 1986 as corrected and amended. Council person Gore seconded the motion. The yote being: Ayes: B1emings, White, Grundy, Gore, Burke Noes: none Correspondence: none City Manager's Report: City Manager Ballenger reported to the Council the following: 1. That he had received a letter from Elder Construction, Inc., received on September 2, 1986 (attached) concerning the EPA sewer 1 ine which had been furnished to the City Engineer and the bonding company (Contractor's Bond and Insurance Agency, Inc.); 2. That 75% of the Che1 sea Park sewer 1 ines have been installed and tested to allow the homeowners to be tied on to it with the exception of Coventry Place and Coventry Court; 3. That during the rains there had been very few drainage problems reported; 4. That the television camera viewing the EPA sewer line had been stopped due to the amount of sand in the lines with Elder Construction being notified there needed to be work done on the line which resulted in the letter mentioned earlier; 5. Counci1person White referred to the memo from the Chief of Police, dated August 21, 1986 - hazardous traffic location at Stafford Drive and Glade Road and then he stated that something needed to be done immediately and that there was a citizen from that area wishing to speak; 6. Council person Burke inquired into the status of the sewer 1 ine for Oak Knoll Drive. The City Manager indicated that the engineering was complete and when the ground is dry the crew would do the work. Citizens wishing to speak to the Council concerning items not on the agenda: Those present wishing to speak to the Counc1 were as follows: 1. Tom Crabtree, 4606 Stafford, stated that he represented the nei ghborhood of CITY COUNC I L MINUTES SEPTEMBER 2, 1986 Page 2 Stafford Road, Manning Drive and Oak Knoll Drive. There were three suggestions that they woul d 1 i ke to present to the Council: 1) that no one wanted to make Stafford Road one-way; 2) that cutting down the hill in Glade Road would be the best solution, however, they realize the cost would be a problem; 3) that they woul d suggest a three-way stop at Bl uebonnet and Gl ade Road. He presented the Council with a letter and map to support the suggested ideas. Ci ty Manager Ballenger reported to the Council that crews were c1 eani ng the right-of-way of the said location and oversized stop signs would be installed on Glade Road at the Bluebonnet intersection. 2. Maril ee Power, 6100 Park Court, requested that the lot located next to her property be mowed. 3. Opal Ethridge, 5309 Pleasant Run Road, informed the Council of a problem with the drainage ditch in front of the Post Office across the street from her house due to standing water. 4. Lila Coley, 401 Shelton, inquired about the condition of the lot that the Webb House is located on due to all the debri s that had been dumped there. 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 remain tabled until the requested information from Texas Municipal Retirement System is received. 2. 3rd Reading and Public Hearing - Ordinance 0-86-626 - Ordinance amending the zoning ordinance for a tract of land in the Cutter Ridge Estates (off Pleasant Run Road) on the request of Bryon Folse (Z-86-591) for zoning change from AG to R-40 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-626. 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 CUTTER RIDGE ESTATES, BLOCK 1 LOTS 6 THRU 8, TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO R-40; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wishing to speak the Public Hearing was closed. Councilperson Gore moved to approve Ordinance 0-86-626. Counci1person Burke seconded the motion. The vote being: Ayes: B1emings, White, Grundy, Gore, Burke Noes: none CITY COUNCIL MINUTES SEPTEMBER 2, 1986 Page 3 3. 2nd 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. There being no one present wishing to speak the Public Hearing was closed. 4. lnQ. Reading and Public Hearing - Ordinance 0-86-627 - Ordinance adopting Budget for Fiscal Year 1986-87 City Manager Ballenger explained that the Chief of Police would like to request that telephones be considered for two cars instead of the requested pagers and there was an error on the utility debt servi ce page whi ch had been corrected. Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-627. Those present wishing to speak were as follows: Barbara Redding, 909 Glade Road. There being no one else present the Public Hearing was closed. 5. 1ru1 Reading and Public 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. There being no one present wishing to speak the Public Hearing was closed. 6. Discussion and possible action on GCISD Advisory Board (Counci1person Grundy) Council person Grundy moved that Deni s Duffy be the representati ve to GCISD Advi sory Board for the City of Colleyville. Council person White seconded the motion. The vote being: Ayes: B1emings, White, Grundy, Gore, Burke Noes: none 7. Discussion and possible action on Rules of Procedures (Counci1person Grundy) Council person Grundy stated that this item was placed on the agenda to point out the need for the rules of procedure in accordance with the City Charter Section 3.09. Council person Burke suggested each Council member study the ru1 es and if changes are appropriate then it can be placed on the agenda at a later date. 8. Consideration of Developer Agreement for Fox Meadows Addition - David Washington TABLED Counci1person Burke moved to remove item 8 (Developer Agreement for Fox Meadows Addition) from the table. Counci1person B1emings seconded the motion. The vote being: Ayes: B1 emi ngs Noes: White, Grundy, Gore, Burke J.B. Sandlin, 405 Woodbriar Court, developer of Fox Meadows and citizen of Co11eyvi11e, requested that the Council give him a reason for the delay in approving this developer agreement and what do they need to do in order to proceed with this development. It was his understanding that the developer agreement had only to do with water and sewer between the developer and the City. Council person Burke commented on Mr. Sandlin's request that he wanted this item to remain on the table until all the Council had the CITY COUNCIL MINUTES SEPTEMBER 2, 1986 Page 4 opportunity to revi ew the i nformati on provi ded them by hi s memo of August 29, 1986 stating the items he felt was needed to be included in this agreement and suggested that there be a work session with the Council to formulate an agreement they would feel comfortable with. The Council agreed to have a work session on September 16, 1986, at 7:30 p.m. David Washington, Washington/Wallace, Inc., 500 Grapevine Highway, Hurst, engi neer for thi s project, presented the Council with a prepared response to Councilperson Burke's memo of August 29, 1986. NEW BUSINESS: 1. Consideration and possible action on confirmation of Public Works Director City Manager Ballenger recommended that Lloyd Wood be hired as Director of Public Works in accordance with Article 7.03 Section A of the City Charter. Council person Gore stated that he would like more time to check the background of Mr. Wood. Counci1person Burke also requested that he have more time to study the resume submitted by Mr. Wood and to place this item on the next agenda. The Council agreed to consider this item at the next meeting. 2. Request to speak to the Council - Donita Wiggins, 5317 Bluebonnet in regards to opening a service of bed and breakfast at 5317 Bluebonnet-Heritage Hill Donita Wiggins, 5317 Bluebonnet, explained the reasons for her request to be allowed to operate a bed and breakfast service at Heritage Hill. This was not to be a commercial venture, but an opportunity to share the restored Vi ctori an home with others who had an interest in this type home by being listed in a Bed and Breakfast publication and the area Chamber of Commerce. This service would be offered only on Friday and Saturday nights. The Council related that they were not against the concept but this would be in violation of the zoning ordinance and there would be a problem on where to draw the line in this approach as many homes in Colleyvil1e had extra bedrooms. Judy Atwood, chairperson for the Planning and Zoning Commission suggested that Ms. Wiggins use the approach of a Special Use zoning for this request. There was no action taken on this item as further research was necessary. 3. Discussion and possible action on Chapter 10 Section 6 paragraph A, City Codification - needs to be amended (parking of large [one ton] trucks off driveways) - City Manager City Manager Ballenger explained that there is a clause in the ordinance "on the driveway" he would like to be amended to help the citations being issued can be enforced in court by changing the wording to parked on the driveway and include one ton trucks. Council person Blemings pointed out that in June, 1985 an ordinance was tabled after the second reading that addressed this problem. Councilperson B1emings moved that the Council reconsider and make applicable changes to the ordinance presented in June, 1985. Council person White seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore, Burke Noes: none 4. Discussion and possible action - requesting Planning and Zoning Commission making a recommendation that PUD-R single family be disallowed (Council person Grundy) Discussion and Possible Action concerning single family unit on zoning Ordinance 0-85-562 concerning RD and PUD CITY COUNC I L MINUTES SEPTEMBER 2, 1986 Page 5 Council person Grundy requested that the Council consi der changing the secti ons of the zoning ordinance in relationship to RD and PUD-R which allowed single family lots of 1 ess than 20,000 sq. ft.. Council person Grundy moved that the Council instruct the City Attorney draw an ordinance that would remove single family uses in RD zoning and PUD-R districts. Councilperson Gore seconded the motion. Councilperson Burke suggested that the Council perhaps shou1 d wait to see what the p1 anner to be hi red has to say about the wording of this ordinance. The vote being: Ayes: B1emings, White, Grundy, Gore, Burke Noes: none 5. Consideration and possible action on the appointment of Planning and Zoning Commission and Board of Adjustments The Council requested that this item be on the next agenda after they had more time to study the applications and Council person Gore had an application at home that he would like to be considered. 6. Status report and discussion on Capital Recovery Planning Consultant (Counci1person Burke) Council person Burke referred to the memo dated August~ 1986 presented to the Council concerning his opinion of the eleven (11) firms out of 36 submitted with five (5) being recommended to be interviewed by the Council in regard to the Capital Recovery - Master P1 an Consultant. He stated that he wou1 d formu1 ate a 1 etter to be sent to the fi rm and set up the ground rules to be followed when interviewed at a Work Session. Counci1person B1emings stated that he had requested a firm to mail the necessary information to the City to be considered. The resumes submitted will be made available to the Council to be reviewed. The Council agreed to follow the procedure suggested by Counci1person Burke and expressed by no objections. 7. Discussion and possible action - discussion of telephones in Police and Fire cars Chief of Police Steele explained to the Council that he would like to have two cellular phones in Police Department cars and two cellular phones in Fire Department cars for the capabil ity to have confi denti a 1 ity and control of i nformati on in certain communications and speed top obtain information when at the different locations. The City would be able to lease the equipment from Southwestern Bell on a lease purchase plan at $350 up front cost with a $35 a month fee plus air time for each phone with the charge being for two phone with two free phone being provided (a total of four phones). Fire Chief Bailey expressed the need that the Fire Department had for the phones at the scene of accidents when a phone is not available. Council person White requested that Chief Steele obtain bids from other companies on the cellular phones. Council person Burke moved that based on the input of the Chief of Pol ice with the information on the cost provided to approve the installation of four (4) cellular phones as requested. Counci1person B1emings seconded the motion. The vote being: Ayes: Noes: B1emings, White, Grundy, Gore, Burke none CITY COUNC I L MINUTES SEPTEMBER 2, 1986 Page 6 8. Discussion and possible action - to authorize computer update for Police Department City Manager Ballenger explained that the funds for the requested computer update were provided in the proposed budget and the necessary papers for the lease purchas~ required that the City Attorney signature. Chief of Police Steele stated the neeaed computer and soft.ware would cost $15,000. Counci1person Gore offered the service of his computer personnel to reyiew the computers of the City to evaluate this request. 9. Request for sewer on Jim Mitchell East, Louis Bartay, 4509 Jim Mitchell East There was no action on this item of the agenda as Mr. Bartay was not present. 10. Consideration of possible purchase of Class 2 RRC pipe for the L.D. Lockett Road drainage crossing out of Briarwood City Manager Ballenger explained to the Council that he had been given the opportunity to purchase some used RRC pipe needed to complete the drainage across L.D. Lockett Road from the Briarwood Subdiyision. The cost of the pipe would be $20 a foot instead of $72 a foot when purchased new. Council person Gore moved to purchase the RRC, class 2 used pipe (60 ft. across x 4 times = 2400 ft. needed) for $4800 to put under L.D. Lockett Road. Counci1person White seconded the motion. The vote being: Ayes: B1emings, White, Grundy, Gore, Burke Noes: none 11. Consideration and possible action - to place the property at 315 West L.D. Lockett Road on the market to sale City Manager Ballenger explained the background on the purchase of the property at 315 W. L.D. Lockett to help correct the drainage problems of the Oaks and Briarwood Subdivisions. Council person Gore moved to place the property at 315 W. L.D. Lockett Road on the market to sell. Councilperson Burke seconded the motion. The vote being: Ayes: B1emings, Grundy, Gore, Burke Noes: none Counci1person White being out of the room at the time of the vote. 12. Discussion and possible action - to move building from Willard Baker property at 4713 Col1eyville Boulevard to the Police Department City Manager Ballenger explained that Willard Baker had given the building located at 4713 Colleyville Boulevard to the City, after taking informal bids on the cost of movi ng the buil di ng, the lowest bi d bei ng $8,500 and estimated that it wou1 d take another $10,000 to put the building in the condition needed to be used for the Police Department. Council person B1emings moved to accept the proposal to re1oc9-_t~_an9tf1~ta1L the buil di ng, with funds not to exceed $20,000 j:;o r~const!ll<::t_sa isL__l?~jJdi ng. Council person Gore and Grundy seconded the motion. The vote being: Ayes: B1emings, White, Grundy, Gore, Burke Noes: none CITY COUNC I L MINUTES SEPTEMBER 2, 1986 Page 7 13. 1st Reading and Public Hearing - Ordinance 0-86-629 - Ordinance amending the cost of bond required for street cuts (Councilperson Blemings) Mayor Hubbard opened the Public Hearing and read Ordinance 0-86-629 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 14. 1st Reading and Public Hearing - Ordinance 0-86-630 - Ordinance providing for a Water Distribution System Capital Improyement Fee. . .etc. Mayor Hubbard opened the Public Hearing and read Ordinance 0-86-630 in its entirety. There being no one present wishing to speak the Public Hearing was closed. The Council di scussed the need for thi s Ordi nance at thi s time. Council person Burke had questions concerning the water plains referred to in the Ordinance. Council person Gore expressed the need for thi s Ordi nance now with it bei ng a substitute until the Capital Recovery work has been completed and with a work session to be scheduled with the developers before the fi na 1 passage of thi s ordi nance to work out the amounts to be placed in the proposed ordinance. 15. 1st Reading and Public Hearing - Ordinance 0-86-631; - Ordinance providing a Roadway Capital Improvement Fee . .etc. Mayor Hubbard opened the Public Hearing and read Ordinance 0-86-631 in its entirety. There being no one present wishing to speak the Public Hearing was closed. The amounts to be used in this ordinance will need to be set before the final passage. 16. EXECUTIVE SESSION: Article 6252-17 Sec 2 paragraph g (Personnel) Mayor Hubbard expl a i ned that the executi ve session had been ca 11 ed in accordance with Article 6252-17 Sec 2 paragraph g - personnel and that there would no decisions or action taken during this time. The meeting was recessed. The meeting was reconvened. Councilperson Burke left. during the executive session. (1:00 a.m.) Councilperson Gore moved to adjourn the meeting at 1:35 a.m. Counci1person White seconded the motion. The vote being: Ayes: Blemings, White, Grundy, Gore Noes: none J;;;;;:mitted LaVada Johnson City Secretary :::roved on: ~) JS: /f/;/ ~ ~j) I Elder Construction, Inc. P.O. Box 50155 3112 Ave. M Fort Worth, Texas 76105 CERTIFIED MAIL - RETURN RECEIPT REQUESTED (P012038869) Mr. C. R. Ballenger, City Manager City of Colleyville P.O. Box 185 Co11eyvil1e, Texas 76034 Re: Termination for Default - City of Colleyvil1e Wastewater Co11 ecti on System Improvements EPA ID No. C-48-1361-03-0 Dear Mr. Ballenger: In response to the substantive failure of Knowlton-Eng1ish-Flowers, Inc., acting on behalf of the City of Co11eyvi11e, Texas, to fulfill its obligations under the contract for the above-referenced project, Elder Construction, Inc. (ECl), does hereby irnoke the Termination clause of said contract pursuant to the requirements of 40 CFR Part 33, subpart F, 933.1030 (6); and urges the City to comply with 40 CFR 933.1030 (6)(a)(2) and agree to meet for the purposes of consultation. In terminating this contract, ECI declares that the City of Co1leyvil1e has defaulted in its contractual obligations pursuant to 40 CFR 933.1030 (1), (3)(a), and (4); and has further defaulted in its obligations to re-evaluate the design and specifications for this project pursuant to prior ECI notice letters. Notwithstanding the aforementioned contractual and engineering obligations, ECI does not relieve the City of Colleyville of any further obligations as specified in the terms and conditions of the contract for this project. ECI will be available within the specified timeframe for consultation. Sincerely, ~..- 1 (//8/-.....' j'" - '-----....1 ,,(1/// _~t/{/[.'-- John L. Elder President cc: Richard G. Hoppers E nv i ronmenta 1 Protection Agency R. L. Knowlton/Gary W. Fisher Knowlton-English-F1owers, Inc. C. R. Miertschin Texas Wat.er Dev e1 opment Board Roy L. Turkington Contractor's Bond and Insurance Agency, Inc. Gary McEl roy Alexander and Alexander of Texas, Inc.