Loading...
HomeMy WebLinkAboutCity Council-Minutes-4/15/1986 CITY COUNC I L MINUTES April 15, 1986 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on April 15, 1986, at 7:30 p.m. Roll Call: Counci1person Howard Collins, John White, Suzie Grundy, Charles Gore, and Jack Burke were present. City Manager C. R. Ballenger, City Attorney Ross Foster, Sergeant Rodney Cunningham, Fire Chief Darre1 Bailey, City Engineer Gary Fisher, and City Secretary LaVada Johnson were also present. Invocation: Counci1person Jack Burke gave the invocation and Mayor Hubbard lead the Pledge of Allegiance to the flag. Approval of Minutes: April 8, 1986 Counci1person Burke moved to approve the minutes of April 8, 1986 as presented. Counci1person Grundy seconded the motion. The vote being: Ayes: Collins, White, Grundy, Gore, Burke Noes: none Correspondence: Mayor Hubbard informed the Council that County Commissioner Bob Hamilton had plans to pave the east portion of Cheek-Sparger Road to continue the pavement to Highway 121 starting approximately April 21, 1986. City Manager's Report: The City Manager reported to the Council the following: 1. that the work was being done on Glade Road to improve the drainage and to pave ~ of Glade Road Citizens wishing to speak to the Council concerning items not on the agenda: none OLD BUSINESS: 1. Discussion and Possible Action on construction of perimeter streets - Woodland Hills City Manager Ballenger reported again that the City of Bedford will furnish the material for the improvement of dra i nage along Cheek-Sparger Road wi th the Ci ty of Co 11 eyvi 11 e doing the work. 2. 3rd Reading and Pub1 ic Hearing - Ordinance 0-86-608 - ordinance concerning wrecker service in the City Limits Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-608 AN ORDINANCE PROVIDING THAT ARTICLE 6687-9a AND 6701g-3 SHALL NOT APPLY WITHIN THE CITY LIMITS OF THE CITY OF COLLEYVILLE, TEXAS. Those present wishing to speak were as follows: Phil Kelly, 2808 Sherwood Lane. There CITY COUNCIL MINUTES APRIL/B: 1986 Page 2 being no one else present wishing to speak the Public Hearing was closed. Counci1person Collins moved to approve Ordinance 0-86-608. Council person White seconded the motion. The vote being: Ayes: Collins, White, Gore Noes: Grundy, Burke 3. 2nd Reading and Public Hearing - Ordinance 0-86-609 - Ordinance amending the zoning ordinance on a tract of land 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. There being no one present wishing to speak the Public Hearing was closed. 4. 2nd 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. There being no one present wishing to speak the Public Hearing was closed. 5. 2nd Reading and Public Hearing - Ordinance 0-86-611 - Ordinance increasing the filing fees for Preliminary Plans and Final Plats Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-86-611. There being no one present wishing to speak the Public Hearing was closed. NEW BUSINESS: 1. Request to speak to the Council - Linda A1hers, chairman of Sesquicentennial Committee concerning the foundation of the Webb House Linda A1hers, 300 Glade Road, chairman of Sesquicentennial Committee spoke to the Council and requested that the City advertise for bids to restore the foundation of the Webb House. The Committee has raised $2,600.00 for work on the Webb House. The Council instructed the City Manager to advertise for bids on restoring the foundation of the Webb House. 2. Request to speak to the Council Co 11 eyvi 11 e Linda A1hers concerning clean-up of Linda Alhers, 300 Glade Road spoke to the Council concerning a program that the State wi 11 reimburse each City on ti ckets issued for 1 itteri ng. On Monday, April 21, 1986, there is a dedication at the park given the City by Maverick Leasing at 11:00 a.m. and a Bell Ringing ceremony at 12:00 a.m. at the Pleasant Run Road Baptist Church to celebrate Texas's 150th birthday. There is to be a Flea Market at the Webb House on Friday, April 18th thru Monday, April 21st, to raise money to help restore the Webb House. 3. Request to speak to the Council - Glen Bryan, 501 Tumbleweed - Concerning sewer easement CITY COUNC I L MINUTES APRIL 15, 1986 Page 3 Glen and Linda Bryan, 501 Tumbleweed, spoke to the Council concerning items they wanted the City to correct in relationship to the easement that had been given to the City for the sewer installation. Due to pending legal action by the Bryans against the City, this item was to be discussed during executive session. 4. Request to speak to the Council - Joe Stratton, 200 John McCain - Concerning sewer line and flooding Joe Stratton, 200 John McCain, informed the Counci 1 that the sewer crews were worki ng on correcting the problems that were created when the sewer line was installed. 5. Request to speak to the Council - Ernest Lee, 116 John McCain - Concerning problems sewer line created Ernest Lee, 116 John McCain, spoke to the Council concerning the problems he still has that were created by the installation of the sewer line. The City Attorney was instructed to give an opinion on whether or not the City could withhold future payments to the contractor until these problems were resolved. The City Engineer assured Mr. Lee that his problems would be corrected. Mr. Lee requested to be on the next agenda. 6. 1st Reading and Public Hearing - Ordinance 0-86-612 - Ordinance amending the zoni ng ordi nance of lots 10 and 11 of Block 1 of Andy Felps Additi on on the request of John H. Ballard, Z-86-569 for zoning change from R-20 to CC Mayor Hubbard opened the Public Hearing and read Ordinance 0-86-612 in its entirety. John Ballard, Route 4, Box 150A, Grandview, Texas, was present to answer any questions that the Council might have and presented a petition from the surrounding property owners in favor of the zoning change. There being no one else present wishing to speak the Pub1 i c Heari ng was closed. Council person White questi oned Jim French as to hi s opi ni on of the zoni ng request. Mr. French was in favor of the change. The Council questioned Hollie White and Bob Barbutes as to why they voted against the change. 7. Discussion and possible action - combining the position of Fire Chief and Fi re Ma rsha 1 Ci ty Manager Ball enger gave the background concerni ng thi s item and recommended that the position of Fire Chief and Fire Marshal be combined. The Council requested that this item be on the next agenda. 8. Consideration to reestablish taping the Council meeting by Storer Cable Council person Grundy moved to reestablish the procedure of taping all of the Council meetings by Storer Cable. Counci1person White seconded the motion. The vote being: Ayes: Collins, White, Grundy, Gore, Burke Noes: none 9. Discussion and possible action on an ordinance or appropriate council motion a. ProYiding that 75% of all unanticipated revenue received by the City be segregated from general purpose funds and dedicated solely for use in road repair and maintenance and/or new sewer projects. b. Such use and amount of the funds be in addition to any other funds or CITY COUNCI L MINUTES APRIL 15, 1986 Page 4 allocations in the current budget. c. That expenditure of these funds commence immediately. d. That an exact accounting of the amount of these incoming funds and expenditure of these funds be reported to the Council at 1 east once a month, said report to include exact location of the work or material expended. Council person Gore explained the reasons that he had placed this item on the agenda. After di scussi on by the Council on thi s item, it was deci ded a work session wou1 d be needed. 10. Discussion and possible action on capital recovery program Council person Gore explained that he had placed this item on the agenda to start the work on a program for capital recovery for the development in Colleyville. The City Attorney explained the steps that would be necessary for the City to follow to initiate this program. Council person White moved that the City contact citizens to work on the committee to work on the foundation of the program for capital recovery. Council person Grundy seconded the motion. Council person Gore amended the motion to to include that bids be taken from professional people to help on this committee. Counci1person Grundy seconded the amendment. The vote on the amended motion being: Ayes: White, Grundy, Gore, Burke Noes: Collins 11. Consideration of a moratorium on new building permits until a capital recovery program is voted into place Council person Gore expressed his concern that the City should consider not issuing building permits until the capital recovery program could be put into action. Those present wishing to speak to the Council were as follows: John Lynch, 400 Cannon Ridge, Eu1ess; and Arsha Adams, 416 Thomas, Arlington; who expressed concern over building permits not being issued at this time. Council person Gore removed this item from the agenda for the present time. 12. Discussion and possible action and any other matters to be discussed toward rescinding Ordinance 0-86-606 . Council person Gore stated that he thought this Ordinance was illegally passed by the prior Council. He presented the Council with documents to support his allegations (attached). Counci1person Gore moved that Colleyvi1le City Ordinance 0-86-606 be declared null and void on the basis that it was improperly brought before the Council and that the real property involved in this ordinance be returned to zoning classification AG. Council person Grundy seconded the motion. Due to the fact that the City Attorney had been the attorney on the transfer of the land, the Council decided to obtain the legal opinion of a different attorney on the opinions expressed by Council person Gore concerning said ordinance. Gary Hamilton, president of First City National Bank of Colleyville, spoke to the Council stating that the Bank had not issued a letter of credit in relationship to this property. Council person Burke moved to table this item until a legal opinion could be obtained. Counci1person Collins seconded the motion. The vote being: Ayes: Collins, White, Burke Noes: Grundy, Gore CITY COUNC I L MINUTES APRI L 15, 1986 Page 5 *amended May 5, 1986 The Council decided to have Council person Gore to contact Louis Nichols of Dallas to obtai n the 1 ega 1 opi ni on concerni ng thi smatter. Lee Hughes, representati ve for Larry Cole, spoke to the Council stating that whatever was decided, Larry Cole would respect, *but they were going to continue with their work. 14. Discussion and possible action on changing Council meetings to Mondays Counci1person Gore moved that the Council meetings be changed to Monday nights. Counci1person White seconded the motion. The yote being: Ayes: Collins, White, Grundy, Gore, Burke Noes: none 15. Consideration and possible action on sewer line on Frontier Court There was no one present to speak on this item and there was no action taken. Items 16, 17, 18 were consider as one item. 16. Consideration of abandonment of 10 foot sanitary sewe r easement - Vi 11 age Park 17. Consideration of accepting 10 foot sanitary sewer easement - Village Park 18. Consideration of accepting 10 foot utility easement - Village Park City Manager Ballenger explained the easements. Counci1person White moved of 10 foot sanitary sewer easement - easement Village Park; accepting Counci1person Burke seconded the motion. reason for the requested acti on on the three to approve items 16, 17, and 18 (abandonment Village Park; accepting 10 foot sanitary sewer 10 foot utility easement Village Park). The vote being: Ayes: Collins, White, Grundy, Gore, Burke Noes: none 19. 1st 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 Ordinance 0-86-613 in its entirety. There being no one present wishing to speak the Public Hearing was closed. 20. Executive Session: Article 6252-17 Sec 2 paragraph g (Personnel) Alleged misconduct of Chief of Police Article 6252-17 Sec 2 paragraph e (Legal) Consult with Legal Council Mayor Hubbard explained that the executive session had been called in accordance with Article 6252-17 Sec 2 paragraph g (Personnel) Alleged misconduct of Chief of Police and Article 6252-17 Sec 2 paragraph e (Legal) Consult with Legal Council and that there would no decisions or action taken during this time. The meeting was recessed. The meeting was reconvened. 21. Discussion and Possible action as to alleged allegations of misconduct of Chief of Police CITY COUNC I L MINUTES APRIL 15, 1986 Page 6 Counci1person White stated that the Council had reviewed the entire matter with reference to the Chief of Police. It is the unanimous opinion of this Council that the resignation of the Chief of Police was in the best interest of the City of Co11eyvi11e. This Council is glad that this matter is now behind them, and look forward toward moving to resolve the many problems that face this great City. 22. Budget Report There was no action taken on this matter. Council person Burke moved to adjourn the meeting. Council person Collins seconded the motion. The vote being: Ayes: Collins, White, Grundy, Gore, Burke Noes: none Respectfully submitted, L~ad!!)~ City Secretary 1 vj Vll~ .s; NIt; d.N ()~~ Approved on: