HomeMy WebLinkAboutCity Council-Minutes-6/24/1986
CITY COUNCIL
MINUTES
June 24, 1986
~~~
~
The regular meeting of the City Council of the City of Co11eyvi11e was called to order
by Mayor ProTem Charles Gore on June 24, 1986, at 7:30 p.m.
Roll Call: Councilperson Howard Collins, John White, Suzie Grundy, Charles Gore,
and Jack Burke were present. Mayor Buck Hubbard arriving late. City Manager
C.R. Ballenger, City Attorney Ross Foster, Sergeant Rodney Cunningham,
City Engineer Gary Fisher, and City Secretary LaVada Johnson were also
present.
Invocation:
Mayor ProTem Gore gave the i nvocati on after whi ch he 1 ead the P1 edge of All egi ance
to the flag.
Approya1 of Minutes: June 2, 1986 and June 16, 1986
Counci1person Collins moved to approve the minutes of June 2, 1986 as amended.
Counci1person Burke seconded the motion. The vote being:
Ayes: Collins, White, Grundy, Gore, Burke
Noes: none
Council person Collins moved to approve the minutes of June 16, 1986. Counci1person
Gore seconded the motion. The vote being:
Ayes: Collins, White, Grundy, Gore, Burke
Noes: none
Mayor Hubbard arrived.
Correspondence:
Mayor Hubbard read a proclamation declaring June 30, 1986 as Texas Wagon Trail Day.
Mayor Hubbard acknowledged a letter from Barrett and Suzanne Scott concerning sewer
in Chelsea Park (attached).
City Manager's Report:
City Manager Ballenger reported to the Council the following:
1. That the EPA sewer line is completed except for some clean-up work by Elder
Construction;
2. That the patch crews were trying to catch up with the potholes due to the
heavy rains;
3. That the crews were also trying to catch up on the mowing of the ditches.
Citizens wishing to speak to the Council concerning items not on the agenda:
There was no one present wishing to speak to the Council.
Counci1person Collins expressed his regret that due to health reasons he would be
resigning after the July 7, 1986 Council meeting.
CITY COUNC I L
MINUTES
JUNE 24, 1986
Page 2
*Amended ~~
1~7h
OLD BUSINESS:
6. Consideration of Chelsea Park installation
The Council members expressed their opinions on the procedure that should be followed
to install sewer in Chelsea Park Subdivision. The following spoke: Bud Marshall,
1709 Avondale; Phil Stillwell, 5312 Coventry Court; Skip McDonald, 1704 Arthur; Barrett
Scott, 5004 Chelsea Drive; Tom Morrow, 5100 Chelsea; Opal Ethridge, 5309 Pleasant Run
Road; David Pierce, 1708 Avondale; Robert Davis, 5109 Camelot; Bob Parrotino, 5000
Chelsea, Ron White, 1808 Avalon; Jim Turman, 1712 Avalon Drive; Mike Taylor, 5209
Coventry Place, Lynn Bura1, 5001 Chelsea; Scott Taylor, 1713 Avondale; Bill McGehee,
5117 Coventry Place; Doug B1emings, 6000 Colts Necks; Mrs. Jerome David, 1704 Avalon.
Council person Gore moved that the Chelsea Park Subdivision bid be accepted provided
the citizens in Chelsea Park agreed to pay $100,000.00 with 80% being collected by
July 7, 1986 which amounted to $961 per lot. The City to pay the difference of the
prepaid also the engineering, contingency. The City would award the bid when the City
had collected 80%. Counci1person Burke seconded the motion. The vote being:
Ayes: Collins, White, Grundy, Gore, Burke
Noes: none
It was also the understanding that those residents not paying $961 by July 7, 1986
to make the 80% would be charged the actual cost of the 1 ine amounting to $1600 or
more per lot.
7. Request to speak to the Council - Wi 11 i am T. Eng1 e - on behalf of homeowners
on Cambridge Court concerning the gate situation
*
This f.t was removed from the agenda at the request on the homeowners on Cambridge Court.
1. 3rd Reading and Public Hearing - Ordinance 0-86-618 - Ordinance amending the
Water and Sewer Policy and Procedural Manual concerning sanitary sewer seryice
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-618
AN ORDINANCE AMENDING THE WATER AND SEWER POLICY AND PROCEDURAL MANUAL FOR
THE CITY OF COLLEYVILLE BEING APPENDIX A TO CHAPTER 11 OF THE COLLEYVILLE
CODE BY REQUIRING CUSTOMERS TO PAY THE ACTUAL PROCEDURE AND COST FOR SYSTEM
EXTENSIONS TO SERVE SINGLE CUSTOMERS OR GROUPS OF INDEPENDENT SINGLE CUSTOMERS
BY PROVIDING THAT THE CITY SHALL PAY FOR ENGINEERING, ADMINISTRATION AND
OTHER CONTINGENCY COSTS, SPECI FYING THE COST OF STREET REPAI RS AND OTHER
REPAIRS IN WHICH THE PROPORTION OF EXTENSION COST IS DETERMINED, AND PROVIDING
THAT THE CITY PAY FOR INDIVIDUAL PARTICIPANTS COSTS WHERE AN INDIVIDUAL HAS
HERETOFORE COMPLIED WITH THE CITY'S PRECONNECTION FEE PROGRAM.
Those present wishing to speak were as follows: Bud Marshall, 1709 Avondale. There
being no one else present wishing to speak the Public Hearing was closed. Counci1person
Burke moved to approve Ordinance 0-86-618 as presented by the City Attorney and the
City Engineer. Counci1person Gore seconded the motion. The vote being:
Ayes: White, Grundy, Gore, Burke
Noes: Collins
CITY COUNC I L
MINUTES
JUNE 24, 1986
Page 3
Amended g~
1""" ·
Jut
2. 3rd Reading and Public Hearing - Ordinance 0-86-614 - Ordinance amending the
zoning ordinance for a tract of land in the Andrew J. Caldwell Suryey, Abstract
No. 331, Tract 2N (Hardage Lane) on the request of Emory Bellard, Jr., by
Washington/Wallace, Inc., Z-86-573 for zoning change from AG to R-20
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86- 614
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 ANDREW J. CALDWELL SURVEY, ABSTRACT NO. 331, A PORTION
OF TRACT 2N, TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO R-20; PROVIDING
A PENALTY AND AUTHORIZING PUBLICATION.
There being no one present wishing to speak the Public Hearing was closed. Counci1person
White moved to approve Ordinance 0-86-614. Counci1person Gore seconded the motion.
The vote being:
Ayes: Collins, White, Grundy, Gore, Burke
Noes: none
3. 3rd Reading and Public Hearing - Ordinance 0-86-615 - Ordinance amending the
zoni ng ordi nance for a tract of 1 and in the R. H. McEwi ng Survey, Abstract
1154, Tracts 1A9 and 1A9A1A (Precinct Line Road) on the request of Co11eyvi11e
Development Partners by Louis Johnson, Z-86-577 for zoning change from ML
to CC
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-615
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.H. McEWING SURVEY, ABSTRACT NO. 1154, TRACTS 1A9 and 1A9A1A,
TO THE CITY OF COLLEYVILLE, TEXAS FROM ML TO CC: PROVIDING A PENALTY AND AUTHORIZING
PUBLICATION.
Council person Collins stated that he had a conflict of interest on Ordinance 0-86-615
and Ordinance 0-86-616 and left the Council table during the action concerning these
two items. Those present wishing to speak were as follows: Sandy Bowling, 6712 Curtis
- for; Doug Bleming, 6000 Colts Neck; Louis Johnson, 5316 Roberts Road. There being
no one else present wishing to speak the Public Hearing was closed. Council person
White moved to approve Ordinance 0-86-615. Council person Grundy seconded the motion.
The vote being:
Ayes: White, Grundy, Gore, Burke
Noes: none
4. 3rd Reading and Public Hearing - Ordinance 0-86-616 - Ordinance amending the
zoning ordinance for a tract of land in the R.H. McEwing Suryey, Abstract
1154, Tracts 1A1, 1A2, 1A4, 1A6, and 1A8 (McDonwe11 School Road) on the request
of Co11eyvi11e Development Partners by Louis Johnson, Z-86-578 for zoning
change from ML to CC
CITY COUNC I L
MINUTES
JUNE 24, 1986
Page 4
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-616
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.H. McEWING SURVEY, ABSTRACT NO. 1154, TRACTS 1A1,
1A2, 1A4, 1A6 and 1A8 TO THE CITY OF COLLEYVILLE, TEXAS FROM ML TO CC;
PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
Those present wishing to speak were as follows: Sandy Bowling, 6712 Curtis - for.
There being no one else present wishing to speak the Public Hearing was closed.
Counci1person Grundy moved to approve Ordinance 0-86-616. Counci1person White and
Gore seconded the motion. The vote being:
Ayes: White, Grundy, Gore, Burke
Noes: none
Howard Collins returned to the Council table.
5. 2nd Reading and Public Hearing - Ordinance 0-86-617 - Ordinance adopting the
1985 Uniform Codes for Building, Housing, Signs, Plumbing, Mechanical, Fire,
Abatement of Dangerous Building
Mayor Hubbard opened the Pub1 ic Hearing and read the preamble to Ordinance 0-86-617.
There being no one present wishing to speak the Public Hearing was closed.
8. Discussion and possible action on request to have City employees to do the
roof repairs to the Webb House on Shelton (Counci1person Gore)
Council person Gore stated that he would have an engineer from his firm to research
the roof of the Webb House. This item will be on the next agenda.
9. Discussion of the ordinance for consideration for controlling off-site drainage
during construction of a new development with possible instructions to the
City Attorney (Counci1person Burke)
This item will on the agenda at a later date.
NEW BUSINESS:
1. Review Ordinance 0-77-252 as it relates to MUS charges (Counci1person Grundy)
This item will be on the next agenda due to the late hour.
2. Discussion of letter from Dr. LA. Sigler, Jr., Superintendent
Grapevine-Co11eyvi11e Independent School District in regard to Pool Road
City Manager Ballenger explained the background of this request. Louis Johnson spoke
and expressed the opinion that the school should pay their portion of the road.
Council person Coll ins moved to instruct the eity Manager to answer the school stating
CITY COUNC I L
MINUTES
JUNE 24, 1986
Page 5
that the City will not pay for the construction of the street. Counci1person Gore
seconded the motion. The vote being:
Ayes: Collins, White, Grundy, Gore, Burke
Noes: none
3. Consideration of resignation letter of Dick Duggan from Planning and Zoning
Commissioner
Counci1person Collins moved to accept the resignation of Dick Duggan from P&Z.
Council person Gore seconded the motion. The vote being:
Ayes:
Noes:
Collins, White, Grundy, Gore, Burke
none
4. 1st 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 Pub1 ic Hearing and read Ordinance 0-86-619 in its entirety.
Those present wi shi ng to speak were as fOll ows: Davi d Washi ngton, 5700 Hi x Court.
There being no one else present wishing to speak the Public Hearing was closed.
5. Consideration of Ordinance 0-85-620 concerning Planning and Zoning
recommendations P&Z reviews to the Council
This item will be on the next agenda.
6. Review of Budget Report
City Manager Ballenger presented the Council with a copy of the City's cash position
for the month of May.
7. EXECUTIVE SESSION: Article 6252-17 Sec 2 paragraph e (Legal)
(Discussion with City Attorney relative to contracts)
Mayor Hubbard explained that the executive session had been called in accordance with
Article 6252-17 Sec 2 paragraph e (Legal) and that there would no decisions or action
taken during this time. The meeting was recessed. Council person Collins left the
meeting. The meeting was reconvened.
8. Possible action on contracts resulting from executive session relation to
contracts on sale of surplus property.
There was no action taken on this item.
Counci1person Gore moved to adjourn the meeting at 12:05 a.m. Counci1person White
seconded the motion. The yote being:
Ayes:
Noes:
White, Grundy, Gore, Burke
none
Approved on: I)~ ~
22 June 1986
Council Members,
When we bought our house in May 1979, we were unaware that it
was on a septic system. We had been told by our Realtor that it was
on city sewer. When we found out the truth, we convinced ourselves
that it didn't matter, that if there were a problem we could handle
it ourselves. We can't. We need your help.
About two years ago, when the house was 7 years old, cur
problems began -- and they have gotten progressively worse.
Any time it rains for as long as an hour, we cannot flush our toilets.
This presents real problems, and we want to tell you about t~o of
them. In December 1984, we gave a formal, sit-down dinner perty
for 20 people. Champagne, linens, silver, china -- the whole bit.
It had been raining and the septic system had already been texed by
our 5 houseguests. When the dinner guests arrived at 7:00, ell
3 bathrooms were being "plunged", in a futile attempt to make the
toilets operational. It was a nightmare. Woody Allen could~'t
have written a better scene. This Spring, during another do~npour,
my two aunts, aged 84 and 86, visited for the weekend. Agai~, the
toilets wouldn't work. When you're 86, you can't wait to use the
restroom much longer than a 4 year old child can. It was emt~rassing
to everyone.
We have had 3 plumbers take a look at our problem. T~o
years ago the estimate was $1500 to install a new lateral sy~tem.
That price excluded repairing damage to landscaping and the ~9rinkler
system. Today it would cost more. But our land will take j~st so
much, and it doesn't seem cost-effective to spend $1500 ever:- 7 years
to put in a new lateral system. Since the septic system pas~ed
inspection and functioned properly for 7 years, I must assu~e that
it was installed properly.
Chelsea Park was delighted with Colleyville's EPA gra~t.
It was given to us to serve the citizens -- doesn't do much ~ood
to just lay the main line down Glade Road and then not connect the
adjacent neighborhoods to it. Surely Colleyville must have included
Chelsea Park, in its proposal to the EPA, as a primary benefi~iary
of the grant. Isn't the City obligated to attach collector lines
to the EPA main? We were so encouraged when the pipe was laid
down Glade Road -- only 142 feet from our property line. We ~ere
told by the City Manager over a year ago that Chelsea Park ~Iculd
have city sewer by May, this year.
On the strength of that statement, we decided against in-
stalling new lateral lines. Then the Bond election failed a~d some
of the Chelsea Park residents became concerned that our neig~bor-
hood would once again be overlooked. So a small nucleus of ~s
Page 2
walked a petition. We first consulted with Dick Ballenger to make
sure we had our facts straight. He was knowledgeable about our
problems in the neighborhood and was very helpful in instructing us
about the ordinance. He even signed our petition "Fact Sheet".
Under the present ordinance, he said that the cost to Chelsea Park
residents would be $400 for the first 100 feet and $4.25/ft. there-
after. Our petition was overwhelmingly accepted -- by 96% of the
neighbors we contacted. We presented it to Council 25 February 1986.
At that meeting, Council unanimously agreed to take the
project to bid as soon as possible. Five weeks were allowed for
the engineering, so our project should have gone to bid on April 1st.
Engineering studies were completed - and Chelsea Park residents
pitched in to help the City Engineer complete them. But on April 1st
bids were not let.
Things began to look bleak for us as time dragged on -- bids
didn't go out until May and the low bid wasn't accepted when it did
come in. Looks to some like a stalling tactic -- just to wait
until a new ordinance is passed and then to accept a bid for Chelsea
Park. That doesn't seem quite cricket. The required easements
have still not been secured -- our residents have tried to help
with that too.
Now a new ordinance has been written and probably will be
passed. This letter does not address the groundrules of the new
ordinance. We feel that we deserve to be included under the old
(presently existing) ordinance, under which we applied. Last
Thursday, 19 June, a group of us met at City Hall to comply with
the terms of the ordinance in effect. We had Cashier's Checks in
hand. As you know, Ballenger refused them as directed. We did
what we did because we believed it was right -- if we hadn't
attempted to comply with the ordinance, there would have been no
proof of our sincere belief that Chelsea Park should fall under the
terms of Ordinance 0-76-220, under which we petitioned and which
was still in effect at that time.
We didn't intend to embarass Dick Ballenger; we have nothing
but the highest respect for him, his thankless job, and for his
professional capabilities -- as Chelsea Park residents have repeatedly
stated. He has been in this business a long time, and we have no
doubt but what he understands our position.
We are not a radical, boistrous neighborhood. We are good,
solid citizens of Colleyville. For years we have remained silent
and paid our taxes, but we've just about had it. We have been
promised sewers so many times -- we waited and our toilets ceased
to function. The EPA grant was approved -- we waited and our dish-
washers and clothes washers backed up. We finally petitioned --
we waited and the health hazard of raw sewerage and stagnant water
waited too -- in our yards and streets.
Page 3
Surely the new ordinance was not written to teach Chelsea
Park a lesson. But we can't help but feel that a punitive measure
is operating if you insist on enforcing a 300% price increase on us.
When we applied for sewer back in February, under the old ordinance,
and attempted to comply with its terms, still in effect last Thursday,
we were acting in good faith. Now what we need, and what would
be fair, is for Council to adopt a positive "can do" attitude
toward the situation.
Mr. Collins has gone on record as favoring our position.
Ms. Grundy privately says that she supports us. Mr. Gore, for
one, took the time to visit our neighborhood after a rain and he
saw the hazardous health problem. In early May, when he recognized
the emergency situation, he came up with two good ideas.
FIRST: See how much money the City can find and see if the
citizens can pay the rest. We can! Low bid came in at $163,770.
Ballenger said he could find $100,000. My lot is 142'. At old
ordinance rates, that computes to $578.50. Some Chelsea Park lots
are wider, some more narrow. But if you take me as a hypothetical
average, and multiply $578.50 X 110 lots in the development, you
get $63,635. Added to Ballenger's $100,000 you have paid for the
sewer -- and our problems are resolved.
GORE'S SECOND IDEA: The City could consider taking out a
short term loan. ANOTHER IDEA: apply 75% of unanticipated revenue
to roads and sewers. WHAT ABOUT applying funds acquired by the sale
of property on Glade Road to Chelsea Park sewer? There must be
scores of other ideas -- of how to treat Chelsea Park in a fair and
equitable manner. Please explore them.
On 25 February, Kington Road was granted sewers at the
ordinance rates (I know they're not in yet, but they were promised).
Pleasant Oaks was likewise approved for sewers at $400 plus $4.25/ft.
We were there that night too -- with our petition. We just want
the same ordinance applied to us as to our neighbors. It's not
fair to rush a new one through and make it retroactive to us.
The old council was going to give us sewers -- they intended
to find the money somewhere. Far from being irresponsible, they
were concerned for the City's residents and appreciative of the
serious problems associated with antiquated septic systems.
I am sure that the present council shares those same virtues.
Mr. Gore has, as mentioned above, already evidenced his financial
creativity. We have elected you to represent us and we have every
expectation that you won't let us down. Close as it may come, the
City is not bankrupt and never has been. Spending $100,000 on
sewers for Chelsea Park will not unduely tax the City's budget.
It will, on the other hand, offer an example of the Council's respect
for precedent, as well as exibiting fair and prudent city government.
Page 4
Unfortunately the sewer situation has become an emotional
one for many of us in the neighborhood. Some of us may have said
or done things which we regret in retrospect. We have not inten-
tionally antagonized anyone. There would be no gain in that for us
or for you. Please don't let negative emotions get the best of you,
but use your heart as well as your brain to come up with a solution
to the problem. This is an opportunity to do something of which
you can be proud, and you can bet that we will remember you for it.
We always have septic problems when it rains; some of our neighbor
can never use their clothes washers and pay to have their septic
tanks emptied every month; some others have problems only intermit-
tantly. There are even some lucky ones who have yet to experience
what we go through. Some of us may have $1500 to spend on sewers,
but others do not. Those people who have never (yet) had a problem
agreed to about $600 under old ordinance rates to help the neighbor-
hood and to improve the resale value of their homes. (There are,
by the way, 11 lots/homes for sale in Chelsea Park today. Some
have been on the market 2 years!) I don't think we can expect all
of them to hand over the $1500 it would cost if we have to bear
100% of the sewer bid alone.
You may have noticed a constant few Chelsea Park residents
at the Council meetings. If we're so concerned, why don't more
of us show up?... Apathy caused by a feeling that our voice will
make no difference, late meetings that go on into the night and
still come to no consensus, an attitude that you can't fight city hall.
Now we will have a pretty good turnout on 24 June; we want
to reason with you, not fight with you. Let's prove the nay-sayers
wrong. Please rethink this thing and approach it with the positive
attitude that there is a way to get sewers for Chelsea ParK at
old ordinance rates.
Just say that you'll do that, and if you need time to
determine the methodology, take it. We've waited a long time
to flush our toilets with confidence, we can wait a week or two more.
Most Sincerely,
a~~
/ 'Barret t Sco 1/-
d~-< ~...~
( Suz e Scott
5004 Chelsea Drive
Colleyville, TX 76034
283-5985
cc:
Buck Hubbard
Dick Ballenger