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HomeMy WebLinkAboutCity Council-Minutes-5/14/1984 ~i ~ ; MJ 'I' /1f . . ~ The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Neely on May 14, 1984 at 7:30 p.m. CITY COUNCIL MINUTES MAY 14, 1984 Roll Call: Council person Howard Collins, Tony Saracino, Neil Gholson, Phil Kelly and Steve Turner were present. City Manager C.R. Ballenger, City Attorney Ross Foster, City Engineer Gary Fisher, Acting Chief of Police Linda Shaw, and City Secretary LaVada Johnson were also present. Invocation: Council person Tony Saracino Council person Saracino gave the invocation afterwhich Mayor Neely lead the Pledge of Allegiance to the flag. Approval of Minutes: May 1, 1984 Council person Kelly moved to approve the minutes for May 1, 1984. Council person Gholson seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none Councilperson Kelly raised a point of order to question whether the meeting of May 14, 1984 could be considered a regular meeting. Mayor Neely pointed out that at the last meeting it was pointed out that two Council members would be not be able to attend on May 15, 1984 (those being Councilperson Collins and Turner) and that the meeting would be rescheduled. Councilperson Turner raised a point of order and questioned the City Attorney as whether or not this meeting was a regular meeting. The City Attorney stated that this was a regular meeting, it had been posted 72 hours as was required by law. Councilperson Kelly requested that the record show he disagreed. Mayor Neely ruled that this meeting of May 14, 1984 was a regular meeting. Correspondence: Mayor Neely read the following correspondence: 1. Information concerning a drug abuse school; 2. Storer Cable - April 14, 1984 - addition of Disney channel to the schedule; 3. Storer Cable - May 10, 1984 - local KTLJ will be added to the schedule; 4. Mayor's Council - May 2, 1984 meeting he attended the City of Colleyville received $93,000 for street improvements for Curtis, Murphy, Herbert in the Fairway Addition; 5. Announced that the Public Hearing for Storer Cable will be May 24, 1984 at 7:00 p.m. Councilperson Turner questioned why the school channel had not been chanqed since March. City Manager's Report: City Manager Ballenger reported to the Council concerning the following items: 1. That the Community Development for the 9th Entitlement Period would be for $73,000 on Sanders Lane and the 10th Entitlement Period would be the $93,000 for the Fairway Addition after the sewer lines are installed. CITY COUNC I L MINUTES MAY 14, 1984 Page 2 *amended 6-5-84 spoke in regard to the meeting being changed from the third Tuesday; 2. That the street crews were working on the drainage problems; 3. That as of 4:00 p.m. there are no dead meters in the City; 4. That the City is issuing a lot of building permits. Councilperson Gholson questioned the City Manager if a letter had been sent to the Gentry's on re-platting the property on which they moved a house. City Manager Ballenger replied that it had been mailed. Citizens wishing to speak to the Council concerning items not on the agenda: * 1. H.L. Gibson, 309 Timberline North - concerning the meeting and the rules of procedures that had been adopted by this Council; and * * 2. Bob Tanner - 513 Tumbleweed Court - concerning meeting; * 3. Opal Ethridge - 5309 Pleasant Run Road - concenring the condition of the flag being flown at the end of Church and Highway 26; OLD BUSINESS: 1. 3rd Reading and Publ ic Hearing - Ordinance 0-84-515 - Ordinance 0-84-515 - Ordinance Disannex a portion of Colleyville to adjust boundaries with the City of Hurst (TABLED) (needs to remain tabled to meet publication requirements) This item remained tabled and will appear on the next agenda. 2. 3rd Reading and Public Hearing - Ordinance 0-84-518 - Ordinance amending the zoning ordinance changing the zoning of a tract of land in the N.B. Looney Survey, Abstract 65, being located on Hall-Johnson and Bluebonnet from AG to CC requested by Cityscape (Z-84-404) Mayor Neely read the preamble to Ordinance 0-84-518 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A TRACT OF LAND LOCATED IN THE NANCY C. LOONEY SURVEY, ABSTRACT NO. 937 IN THE CITY OF COLLEYVILLE, FROM AG TO CC PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. and explained the location and opened the Public Hearing. Those present wishing to speak were as follows: Clint Mitchell, owner of the property requested that this item be tabled until he could make sure all the requirements had been met. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Collins moved to table this item. Council person Gholson seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 3. 3rd Reading and Public Hearing -Ordinance 0-84-519 - Ordinance amending the zoning ordinance changing the zoning of a tract of land in the Tico Estates being located on McDonwell School Road from AG to R-20 requested by T&M Development Co. (Z-84-405) CITY COUNC I L MINUTES MAY 14, 1984 Page 3 Mayor Neely read the preamble to Ordinance 0-84-519 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 LOCATED IN THE JOSEPH HARRELL SURVEY, ABSTRACT 798 AND THE H. L. ALLEN SURVEY, ABSTRACT 65 IN THE CITY OF COLLEYVILLE, FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. and explained the location. Council person Collins stepped down from the Council due to a conflict of interest. Mayor Neely opened the Public Hearing. Those speaking were as follows: Rosemary Freeman, 5913 Quality Hill asking that the Council keep an eye on the drainage and stated that she was not opposed to the zoning. There being no one else present wishing to speak the Public Hearing was closed. Council person Turner moved to approve Ordinance 0-84-519. Council person Gholson seconded the motion. The vote being: Ayes: Saracino, Gholson, Kelly, Turner Noes: none Councilperson Collins - conflict of interest not voting Councilperson Collins returned to the Council. 4. 2nd Reading and Public Hearing - Ordinance 0-84-521 - Ordinance which applies to the regulation of animals Mayor Neely read the preamble to Ordinance 0-84-521 and opened the Public Hearing. Those present wishing to speak were as follows: Bob Tanner, 513 Tumbleweed - in favor but wanted it written to include cats to have the same restrictions as dogs; Jan Tunnell, 4002 Tara Drive - in favor of; Suzanne Victorine, 3900 Butler Court - in favor of; Warren Evans, 4105 Greenway Court - in favor of. There being no one el se present wishing to speak the Public Hearing was closed. Council person Kelly and Turner had several questions for the City Manager and Acting Chief of Police. 5. Consideration of Developer's Agreement for Highland Meadows Councilpeson Turner moved to approve the developer agreement for Highland Meadows. Council person Collins seconded the motion. Discussion followed the motion. Council person Kelly moved to amend the main motion to remove item 12 and reword the upgrade water line portion in item 13 removing the wording 611 to 1011. Council person Turner seconded the motion. The vote on amendment being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none The vote on the main motion being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none MINUTES CITY COUNC I L MAY 14, 1984 Page 4 *amended 6-5-84 - that the Developer had agreed to build an extra two (2) feet of road at no cost to the City (during the work session.) 6. Consideration of Developer's Agreement for Saddlebrook Phase II (tabled) Council person Turner moved to remove from this item from the table. Councilperson Collins seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none Council person Turner moved to approve the developer agreement for Saddl ebrook Phase II. Councilperson Kelly seconded the motion. * Council person Gholson moved to amend the main motion to include a supplement agreement that if the owner/developer does not complete the plans for the flood plane in three (3) years that he will donate to the City the twelve (12) acres for a park. Council person Turner seconded the motion. After discussion, it was pointed out by the City Attorney that the City can not force a developer to donate land for park land. Councilperson Gholson and Turner removed the amendement and the second. The vote on the main motion being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 7. Discussion of and possible action on Brown Trail and Cheek-Sparger Road requested by Council person Gholson and Turner Council person Gholson stated that he had talked to the City Manager and that the money was not available at this time and would like to table this item until budget time. Council person Kelly questioned the location on Brown Trail. It was explained it was the area from Cheek-Sparger to the City Limits of Colleyville and Bedford on Brown Tra il . Council person Turner moved to repair Brown Trail when the funds are available and assess the owners along Brown Trail or put liens on their property. Council person Gholson seconded the motion. Discussion followed: Council person Kelly wanted to follow the priority list that the City has on the repair of streets in Colleyville and that he had driven over the area in question and did not think that it was that bad. The City Attorney explained that the Charter stated how the City could assess the property owner for work on the streets in front of their property. City Manager Ballenger explained that there had been two studies with curb and gutters as well as widening the road the cost would be approximately $34,000 and without widening the cost will be approximately $20,000. Councilperson Turner and Gholson withdrew the motion and the second. 8. Discussion and possible action relative to the South one-half (~) of McDonwell School Road from Pleasant Run Road to end of street After discussion, the Council agreed that curb and gutters would be necessary on this Road if widened. 9. Discussion of Tinker Road and Quail Path requested by Council person Saracino MINUTES CITY COUNC I L MAY 14, 1984 Page 5 *amended 6-5-84 - to show that Councilperson Kelly questioned the election judge Mrs. Lambert if she had been present during the entire day of the election that she answered affirmative. Council person Saracino wanted to know when the box on Tinker Road would be finished. City Manager Ballenger explained that it would be finished as soon as he had the manpower to do the concrete work that will be required to finish the job. Councilperson Saracino moved to start a preventive maintenance program at least two (2) days a month. Councilperson Turner seconded the motion. Discussion followed in regard to the priority list that the City has and that there is already a preventative maintenance program in operation. Councilperson Saracino and Turner removed the motion and second. 10. Resol uti on R-84-296 - Consi derati on of resol uti on supporti ng the State fundi ng for passage of the pothole bill Mayor Neely read Resolution R-84-29fi in its entirety. A RESOLUTION SUPPORTING INCREASED STATE HIGHWAY FUNDING, PASSAGE OF THE POTHOLE BILL AND INCREASED HIGHWAY USER CHARGES Councilperson Turner moved to approve Resolution R-84-29~. Died for lack of second. NEW BUSINESS FROM MAY 1, 1984 meeting: 1. Election of Mayor Pro-Tem Council person Coll ins moved to Gholson seconded the motion. Council person Gholson seconded as Mayor Pro Tem by acclamation election Steve Turner as Mayor Pro-Tem. Council person Councilperson Kelly moved to close the nominations. the moti on. Mayor Neely decl ared Council person Turner as there were no further nominations. The agenda was rearranged due to late hour and the length of the remaining agenda. Mayor Neely moved items 10 and item 11 under New Business to be acted upon next as the election judge and alternate judge had been requested by Council person Kelly be present to answer questions. 10. Discussion and possible action concerning election judge and alternate requested by Council person Kelly 11. Election judge for April 28, 1984 requested by Councilperson Kelly Councilperson Kelly questioned election Sharon Lambert*as to who counted the votes of the run-off election. She stated that alternate judge Jim Moore had counted the votes. Council person Kelly questi oned alternate judge Jim Moore how he had counted the votes. Alternate judge Moore stated that he had counted the votes by one, two, three, etc. Councilperson Kelly had no further questions. 1. Citi zen request to speak to the Counci 1 to address the Flood Pl ane Area by Johnnie Andrews Johnnie Andrews, 2221 Oak Knoll spoke to the Council in regard to the violation of the Flood Plane Ordinance by his neighbor. City Manager Ballenger explained what he knew concerni ng thi s matter and that the Ci ty Engi neer had gi ven Mr. Jatoi a copy of the flood plane ordinance. A letter ordering him to cease work immediately had been issued to Mr. Jatoi by the City Manager. Mr. Charles East, 2005 Oak Knoll also spoke stating his concern in this matter. MINUTES CITY COUNCIL MAY 14, 1984 Page 6 4. Request to speak to the Council concerning traffic on L.D. Lockett Road _ Rosemary Freeman Rosemary Freeman, 5913 Quality Hill presented the Council with petitions and requested that the Council contact the City of North Richland Hills in regard to their intentions for the proposed street plan that would effect L.D. Lockett Road. The Council decided to write a letter requesting more information and time to consider this matter to be delivered by Mayor Neely at the May 15, 1984 meeting that North Richland Hills has scheduled. Items 5, 6, from the May 1, meeting; Items 5, 6, 7, 8, and 14 under New Business to be deleted tonight and placed on the next agenda. Items deleted from NEW BUSINESS FROM MAY 1, 1984 meeting: 5. Discussion and possible action concerning commerical zoning requested by Councilperson Gholson 6. Discussion and possible action in regard to Section 23 of the zoning ordinance requested by Councilperson Kelly Items deleted from NEW BUSINESS: 2. Discussion of surface drainage - Jack Kain - 6004 Hunter Court requested by Council person Saracino - deleted as it had already been taken care of 5. Consideration of Emergency water sales to Southlake requested by Council person Turner 6. Discussion of Police pay and possible action requested by Councilperson Turner 7. Discussion of a possible bond issue requested by Councilperson Turner 8. Discussion and possible action on rules of procedure requested by Councilperson Turner 14. Discussion and possible action MUS charges requested by Councilperson Kelly NEW BUSINESS FROM MAY 1, 1984 meeting: 2. Notification and discussion of action taken in regard to J.W. Barnett property located at 3714 and 3716 Glade Road requested by City Attorney City Attorney Foster addressed the issue and explained that the next step was for the Council to set a Public Hearing on this case. Council person Turner moved to have a Public Hearing on June 5, 1984 City Council agenda. Council person Kelly seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none 3. Discussion or requirement of fence between ML zoning and residential requested by Councilperson Saracino Council person Saracino questioned the City Attorney on what action could be taken to force Vernon Harris to put up the required fence between his ML property and the homes behind him. Council person Turner questioned the cost of the City installing the fence versus the cost of the legal fees involving enforcing the ordinance. The City Attorney is to given the Council the steps that can be taken to enforce the ordinance. MINUTES CITY COUNC I L MAY 14, 1984 Page 7 4. Discussion and possible action in regard to obtaining EPA sewer line easements requested by Councilperson Turner The City Manager reported that he was getti ng with the City Engi neer to see whi ch easements the City has and which are still not obtained. This item will be on the next agenda for a report. NEW BUSINESS: 3. Consideration of Developer's Agreement for Brook Meadow Council person Kelly stated that he would like to see item 12 as a separate letter of agreement and that item 6 states wi 11 not may. Attachment "A" #2 to be taken out. Council person Coll ins moved to approve the developer agreement with Brook Meadows as amended. Council person Saracino seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 9. Discussion of TML meeting at Corpus Christi requested by Councilperson Turner Council person Turner and Gholson informed the Council that they were planning to go the TML meeting at Corpus Christi. Council person Kelly stated that he was going to try and go but would have to wait to see how he was scheduled to work. 12. Consent Items: a. Budget Report b. Pay Bill s Councilperson Collins moved to approve the consent items. Councilperson Gholson seconded the motion. The vote being: Ayes: Collin, Saracino, Gholson, Kelly, Turner Noes: none EXECUTIVE SESSION: In accordance with Article 6252 - 17 sec 2 paragraph g Mayor Neely explained that there would be no decisions made during the executive session called under Article 6252 - 17 sec 2 paragraph g. The meeting was recessed. The meeting was reconvened. Item 13 Possible action as a result of Executive Session was not needed and it was deleted. Council person Coll ins moved to adjourn the meeting. Council person Kelly seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none ~~uo~ LaVada Johnsen City Secretary 1 vj o~ ~ Nfl (lxY ~ Approved on: