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HomeMy WebLinkAboutCity Council-Minutes-5/5/1986 CITY COUNCI L MI NUTES May 5, 1986 ~~~~ ~---I~~a,~' \a'M The regular meeting of the City Council of the City of Co11eyvi11e was called to order by Mayor Buck Hubbard on May 5, 1986, at 7:30 p.m. Roll Call: Counci1person John White, Suzie Grundy, present. Counci1person Howard Collins Ballenger, City Attorney Ross Foster, Chief Darre1 Bailey, City Engineer Gary Johnson were also present. Char1 es Gore, and Jack Burke were was absent. City Manager C.R. Sergeant Rodney Cunningham, Fire Fisher, and City Secretary LaVada Invocation: Mayor Hubbard gave the invocation after which he lead the Pledge of Allegiance to the flag. Approval of Minutes: April 15, 1986 Council person Gore moved to approve the minutes of April 15, 1986 as corrected. Counci1person White seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none Correspondence: Mayor Hubbard informed the Council that he had been contacted by Mr. Charles Golightly concerning a concert being conducted in Colleyville May 9th thru the 11th; that he had attended a meeting with the Mayor of Dallas concerning Crime Legislation; that he had received a letter concerning taxes which was given to the City Attorney. City Manager's Report: The City Manager reported to the Council the following: 1. that the inspector from the State wou1 d be i nspecti ng the sewer 1 i ne thi s week. Citizens wishing to speak to the Council concerning items not on the agenda: none Those citizens wishing to speak were as follows: Opal Ethridge, 5309 Pleasant Run Road concerning the City accepting park land without investigating the property and the City crews picking up County election signs. OLD BUSINESS: 1. Request to speak to the Council - G1 en Bryan, 501 Tumb1 eweed - Concerni ng sewer easement Glen and Linda Bryan, 501 Tumbleweed, spoke to the Council concerning the sewer easement that they wanted the City to furnish them with fill dirt. City Manager Ballenger stated that he had agreed to furnish some fill dirt. City Attorney Foster informed the Council that he had informed the Bryan's attorney that the City would do what they had ori gi na 11 y agreed to do. Mr. Bryan is to ca 11 City Manager Ba 11 enger to set up a time to meet at the property to discussion the type of fill dirt being requested. CITY COUNCIL MINUTES May 5, 1986 Page 2 2. Request to speak to the Council - Ernest Lee, 116 John McCain - Concerni ng problems sewer line created Mr. Ernest Lee was not present. City Manager Ballenger stated that it was his understanding that the contractor had satisfied Mr. Lee's complaints with only one item remaining to be finished. 3. 3rd Reading and Public Hearing - Ordinance 0-86-609 - Ordinance amending the zoni ng ordi nance on a tract of 1 and in the J. M. Looney Survey, Abstract 936, Tract 1C2 and 1C7, P1 easant Run Road on request of Stan Jordan, Z-86- 567 for AG to CC (Community Commercial) Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-609 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 J.M. LOONEY SURVEY, ABSTRACT NO. 936, TRACTS 1C2 AND 1C7, TO THE CITY OF COLLEYVILLE, TEXAS, FROM AG TO CC; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were as follows: Opal Ethridge, 5309 Pleasant Run Road; Stan Jordan, 310 Glade Road. There being no one else present wishing to speak the Public Hearing was closed. Counci1person White moved to table this item. Died for lack of a second. Counci1person Gore moved to approve Ordinance 0-86-609. Counci1person Burke seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none 4. 3rd Reading and Public Hearing - Ordinance 0-86-610 - Ordinance concerning Retaining Walls Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-610 AN ORDINANCE AMENDING SECTION 1 OF CHAPTER 3 OF THE COLLEYVILLE CODE OF ORDINANCES BY ADDING ADDITIONAL SECTIONS REQUI RING GRADING PERMITS FOR EXCAVATING, FILLING, OR A COMBINATION THEREOF WHICH RESULTS IN AN EXCAVATION OR CUT HAVING UNSUPPORTED HEIGHT GREATER THAN TWO FEET, REQUIRING DETAILED ENGINEERING PLANS FOR RETAINING WALLS WHEN USED IN ASSOCIATION WITH GRADING AND/OR FILLING, ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. Those present wishing to speak were as follows: Cary Hy, 3403 Bowden Hill Lane; Barbara Redding, 909 Glade Road. There be no one else present wishing to speak the Public Hearing was closed. Counci1person Gore moved to adopt Ordinance 0-86-610. Counci1person Burke seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none 5. 3rd Reading and Public Hearing - Ordinance 0-86-611 - Ordinance increasing the filing fees for Preliminary Plans and Final Plats CITY COUNC I L MINUTES MA Y 5, 1986 Page 3 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-611 AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CODE BY INCREASING THE FILING FEES FOR PRELIMINARY PLANS AND FINAL PLATS. There being no one present wishing to speak the Public Hearing was closed. Counci1person Burke amended the proposed ordinance so it would conform to the present ordinance. Councilperson White moved to approve Ordinance 0-86-611 as amended. Councilperson Grundy seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none 6. 2nd Reading and Public Hearing - Ordinance 0-86-612 - Ordinance amending the zoning ordinance of lots 10 and 11 of Block 1 of Andy Felps Addition on the request of John H. Ballard, Z-86-569 for zoning change from R-20 to CC Mayor Hubbard opened the Pub1 i c Heari ng and read the preamb1 e to Ordi nance 0-86-612. There being no one present wishing to speak the Public Hearing was closed. 7. 2nd Reading and Public Hearing - Ordinance 0-86-613 - Ordinance increasing the exemption for 65 years or disabled persons Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-613. There being no one present wishing to speak the Public Hearing was closed. 8. Discussion and possible action - combining the position of Fire Chief and Fire Marshal City Manager Ballenger explained the difference in a Fire Marshal and Fire Investigator. The State had been contacted as well as the surrounding Cities and combining the position of Fire Chief with the Fire Marshal was done in Cities the size of Co11eyvi11e. Counci1person Burke expressed the opinion that the Codification called for the positions to be separate and until the ordinance was changed it should remain that way. 9. Discussion and possible action and any other matters to be discussed toward rescinding Ordinance 0-86-606 TABLED (Counci1person Gore) Counci1person Gore moved to bring this item concerning Ordinance 0-86-606 off the table. Counci1person Grundy seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none Council person Gore explained the legal counsel expressed the OplnlOn that the motion to have the ordinance declared null and void was out of order. Council person Gore withdrew his motion to declare Ordinance 0-86-606 null and void although in his opinion the proper procedure had not been followed since the Planning and Zoning Commission had deni ed the request. He wou1 d 1 ike to have the Zoni ng Ordi nance amended to have a procedure to follow on disapproved applications. CITY COUNC I L MINUTES MAY 5, 1986 Page 4 10. Discussion and possible action on capital recovery program (Counci1person Gore) The Council discussed the need for the City to hire a professional to help with the basic steps for a capital recovery program. The Council would like to have someone to come a meeting to get an idea on the possible cost the City is looking at. 11. Consideration of bid for right-of-way on Glade Road City Manager Ballenger explained that there had been two bids for the right-of-way on Glade Road in the amount of $30,000 and $37,540. City Manager Ballenger recommended the bi d of $37,500 be accepted. Council person Grundy moved to wait on the bi d and re-advertise. Council person White seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none NEW BUSINESS: Counci1person White removed from the agenda items 24, 23, and 30. 1. Request to speak to the Council - H.L. Gibson, 309 Timberline North, in regard to dedication of streets H.L. Gibson, 309 Timberline North, spoke to the Council in regard to dedicated streets being blocked by guard houses and gates in two subdivisions. City Manager Ballenger explained that Woodland Hills had been approved when the final plat received approval by the Council who at the time approved the final plats. Brook Meadows had received approval for a guard house when they came before the Council requesting permission to use the guard house. Counci1person Gore moved that the City Attorney examine the records and research this issue of dedicated streets reporting his findings to the Council. Counci1person Grundy seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none 2. Request to speak to the Council - Steve Turner, 5305 Rustic Trail - in regard to conflict of interest This item was deleted because Steve Turner was not present. 3. Request to speak to the Counci 1 - Deane Pecora, 6401 Ponderosa, in regard to drainage Deane Pecora, 6401 Ponderosa, spoke to the Council in regard to drainage problems on Ponderosa. There was a discussion on the paving of one-half of Ponderosa by the developer of three lots and the citizens paying for the other half. Council person Grundy requested that the building permit for the third lot not be issued until the drainage problem was taken care of. Ricky Davis and one other neighbor spoke in regard to this matter. CITY COUNC I L MINUTES MAY 5, 1986 Page 5 *Amended May 19, 1986 underlined 4. Discussion and possible action - sewer in Chelsea Park 11. Discussion and possible action - on EPA loan on sewer (Counci1person Grundy) Council person Grundy questioned who decided where the EPA grant money was spent and why Chelsea Park had not been included. City Manager Ballenger explained that Chelsea Park as well as Western Trails did not meet EPA requirements. After discussion by the Council on sewer for Chelsea Park, Council person Gore moved that the City go to bid on sewer for Chelsea Park. Council person Grundy seconded the motion. The vote being: Ayes: Noes: White, Grundy, Gore, Burke none Those present wishing to speak were as follows: David Pierce, 1708 Avondale; Lynn Bura1, 5104 Chelsea Drive. 5. Discussion and possible action - wording on water bill in regard to penalty (Counci1person Grundy) Counci 1 person Grundy moved to remove the statement from the back of the water bi 11. (You must pay your utility bill within 16 days after billing date each month whether or not you receive a bill in the mail. A 10% penalty is imposed for failure to pay) Council person White seconded the moti on. Council person Burke poi nted out that if the statement were removed the City would have a10t of people who never received a bill, after di scussi on the moti on and second were wi thdrawn. Council person Whi te moved that item be on a work session. Counci1person Grundy seconded the motion. The vote being: Ayes: Noes: White, Grundy, Gore, Burke none 6. Discussion and possible action - timing on the soccer fields (Council person Grundy) Council person Grundy explained the residents across from the soccer fields are having problems with lights being on so late at night. It was determined that the lights are off by 10:00 p.m. There needs to be seals for the lights installed. 7. Discussion and possible action - selection of Council person to work with Storer Cable This item was deleted, the Mayor will be the representative to Storer reporting back to the Council. 8. 1st 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 This item was postponed until the next Council meeting due to the length of the Council 1genda and the late hour. 9. Discussion and possible action - establishing the procedure for the staff to follow relative to zoning cases (Counci1person Gore) CITY COUNCIL MINUTES MAY 5, 1986 Page 6 This item was deleted. Council person Gore will meet with the City Attorney on this item. 10. Consideration and possible action - 4 way stop signs @ Martin and Scarborough; 3 way stop signs @ Martin and Eaton Circle; 4 way stop signs @ Glade and Jackson Road City Manager Ballenger explained that the stop signs had been requested by the Homeowners at Martin and Scarborough; Martin and Eaton Circle; Glade Road and Jackson Road. The Council gave their consent for these signs to be installed. 12 thru 20 Council person White read a presentation to the Council on his views for a capital recovery program for the City. (attached) Those present speaking were as follows: Louis Johnson, 5316 Roberts Road; Arsha Adams, 416 Thomas Chapel, Arlington; Jim Moore, 1416 Glade Road; Mary Brothers, 2102 Shadowood; Harold Fuller, 3106 Sherwood Lane; Larry Cole, 4108 Greenway Court; John Lynch, 712 Sadd1ebrook. Counci1person Burke moved that the City Manager and City Engineer develop a list of professional land p1an~ers. Counci1person Grundy seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none 21. Discussion and possible action (Counci1person White) minimum value on building permits Council person White stated that he wanted a ml nl mum value on all permi ts issued. City Manager Ballenger explained that there was a minimum value of $50 on all permits as instructed by the former Council. 22. Discussion and possible action - hiring of assistant City Manager (Counci1person White) This item was deleted. 23. Discussion and possible action - hiring of Police Chief ( Counci1person White) This item to be handled under the Executive Session. 24. Discussion and possible action - possible Sales Tax increase (Council person White) This item was deleted. 25. Discussion and possible action - sewer hook-ups (Councilperson White) This item was deleted. 26. Discussion and possible action - financial reports (Counci1person White) CITY COUNC I L MINUTES MAY 5, 1986 Page 7 Council person White moved to have a report of cash on hand every month with projected expeditures thru September 30, 1986. Council person Grundy seconded the moti on. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none 27. Discussion and possible action - water tower study (Counci1person White) City Engineer Fisher will give a report at the next Council meeting on how long the City can function on the present water system. 28. Discussion and possible action - City owned package liquor store (Counci1person White) This item was deleted. 29. Discussion and possible action - notifying public of Co11eyvi11e finances (Counci1person White) Counci1person White would like a newsletter to be sent to the citizens. 30. Discussion and possible action - Charter amendment to limit property tax increase to 3~ per year (Counci1person White) This item was deleted. 31. Consideration of Planning and Zoning recommendations on changes to the zoning ordinance There will be a work session on this item. 32. EXECUTIVE SESSION: Article 6252-17 Sec 2 paragraph g (Personnel) Directions to follow - RE: Hiring procedure Mayor Hubbard explained that the executive session had been called 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. Council person Whi te moved to adjourn the meeti ng. Council person Grundy seconded the motion. The vote being: Ayes: White, Grundy, Gore, Burke Noes: none JJ;;JJ:C;;~ LaVada Johnson City Secretary 1 vj Yl/tf If I ;fJlt ~a~ Approved on: 12. Discussion and possible action - formulate Planning Comrrission (Counc il person White) 13. Discussion and possible action - procedures to develop Master Plan (Councilperson Wh ite ) 14. Discussion and possible action - possible re-zoning (Councilperson White) 15. Discussion and possible action - formulate several Commercial and Industrial Usage classifications (Counci1person White) 16. Discussion and possible action - reversion of zoning if development does not occur (Counci1person White) 17. Discussion and possible action - preseryation of trees (Counci1person White) 18. Discussion and possible action - moratorium on zoning and platting (Councilperson Wh He) 19. Discussion and possible action - repeal perimeter street ordinance (Councilperson Wh He) 20. Discussion and possible action - escrow for capital recovery fee (Counci1person White) To: City of Colleyville From: John White Date: May 5, 1986 Subject: Guidelines for Capital Recovery Fee (CRF) Per Section 11.06 of Colleyville City Charter, the Council may, by ordinance, when it deems in the best interest of its citizens, separate the planning duties from zoning. For reasons stated herein, this City Council should formulate a Planning Commission with seven members, and a Chairman to be elected by these members. It would be advisable for the planning commission to be made up of some current P & Z members and citizens with engineering or planning knowledge capable of assisting in the development of the necessary CRF plans. It would be advantageous if the City Manager could spend the majority of his time on the drainage, water, sewer and street plans, and that we have an Assistant City Manager to assist in the daily management responsibilities of the City. It is suggested that the Planning Commission use the knowledge already gained by our City Engineers and hold down expenses where possible. The Commission should meet as often as necessary until the CRF is implemented. Afterward, the Planning Commission will be abolished, and the functions will be merged back into the Planning and Zoning Commission. Among other things, the Planning Commission would be responsible for the development of a Master Land Use Plan, to be used in determining the CRF. A function of the Planning Commission would be to approve the Master Plan on a parcel-by-parcel basis by majority vote. The CRF should be determined by estimating costs to handle future growth which can be justifiably billed to developers. The Planning Commission should predict population when Colleyville is fully developed and devise a six- part Master Plan in order to determine the Capital Recovery Fee. Master Plan: Land Use Plan Serious consideration should be given to "sphere of influencell to perpetuate similar zoning in certain areas, and create necessary buffers in other areas. Where spot zoning has not complied with "sphere of influencell then we should re-zone on a case-by-case basis. Consideration should be given to park land and institutional requirements. Citizens should determine how Colleyville will grow thru public hearings. The Master Plan needs to go under a microscope by citizens. The Planning Commission and City Council, being in tune with the desires of the citizens, will react on behalf of the majority and a Master Plan for the people will be adopted, and developers will have the advantage of knowing what to expect, so that they can plan accordingly. Colleyville quadrants are special in themselves and the Master Plan should be implemented in four separate quadrants (NE, NW, SE, SW). Letters should be sent to citizens in each quadrant requesting their input at the appropriate time. The Master Plan should become a significant land use instrument. Deviations from the Master Plan should be discouraged, or else the entire Capital Recovery Fee will become suspect, and vulnerable in a Courtroom. City Council would have final approval of the Master Plan. Master Plan: Drainage Plan The drainage plan should take first priority, since land use, water and sewer depends on drainage. Concrete channels may be planned, where necessary. Master Plan: Water Plan Once a land use plan is established by the Master Plan, we should plan for water to include size of lines, location of larger lines, towers and pumps. Master Plan: Sewer Plan Purpose is to plan for sewer needs with the intention of minimizing total cost of lift stations, etc. required for future development. Specifically, the location and capacity of all feeder and trunk lines leading to TRA sewer lines should be planned. Master Plan: Street Plan We should determine where traffic will be generated, foreign and interior, based on the Master Plan, then determine proper street design sufficient to handle traffic. Thoroughfares, residential collectors, and residential streets should be designed accordingly, based on traffic. Right-of-way needs should be taken into consideration. Master Plan: Signal Light Plan Where City funds are required to provide traffic signals, the costs should be planned accordingly. It is recommended that the CRF development cost be done within the constrained budget of the City and accomplished as quickly as possible. It is recommended that the CRF fee be obtained when building permits are issued. Zoning Commission Responsibilities The current Zoning Commission should recommend several commercial and industrial usage classifications. Then, it is recommended that the Zoning Commission re-zone all properties to conform with the appropriate usage classification and the Master Plan. Any property subsequently zoned that differs from the new Master Plan should revert back to its original zoning if development does not commence within twelve months after the zoning change. The Zoning Commission should demand landscape standards in new developments. Preservation of trees and planting of new trees should be a requirement in proposed deed restrictions, subject to council approval. It is recommended that Zoning Commission Members give consideration to serving on the Planning Commission. City Council Responsibilities Suspension of all zoning and platting until the Master Plan and CRF ordinance is completed is now necessary. Perimeter street ordinance should be dropped and MUS fees eliminated, in anticipation of a CRF fee which will probably calculate to be several thousand dollars per unit. All funds for perimeter streets and MUS fees should be transferred to the CRF fund immediately (with approval of the affected developers). A temporary fee for building permits issued should be established. All of these funds collected on a temporary basis should be held in escrow until the CRF ordinance is completed. The average new home in a Colleyville new development pays approximately $500.00 per year in property tax. This barely pays for the police and fire protection of the new family moving in, not to mention street and park maintenance. Council should meet with developers to explain the financial realities of the City. First, our Charter does not permit property tax increases to any extent, by a mandate vote of the citizens. Second, our residents overwhelmingly voted down a bond issue. This leaves us without funds for the water tower and other things, which are now needed due to new development. The million-dollar cost for this tower can only come from developers. . . there is no other way. Do developers want Colleyville to win the "no water pressure" award? Such a plight would surely have a negative effect on new home sa les . I move that the City Council plan a workshop to discuss these issues as soon as possible.