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HomeMy WebLinkAboutCity Council-Minutes-4/19/1983 CITY COUNCIL MINUTES APRIL 19, 1983 {JedJ1J 4-.;J.$'-!~ I.' {Jt)p. r11. ~. The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on April 19, 1983 at 7:30 p.m. The invocation was given by Mayor Hubbard afterwhich he lead the Pledge of Allegiance. Roll Call: Councilperson Kelly was absent. Councilperson Duffy, Saracino, Cooney, Turner were present. City Manager C.R. Ballenger, City Attorney Ross T. Foster, Director of Public Works Bill LeGrand, Chief of Police Joe Tozzi, City Engineer Gary Fisher, and City Secretary LaVada Johnson were also present. Approval of Minutes: April 19, 1983 Councilperson Turner moved that the minutes for April 19, 1983 be approved. Council- person Cooney seconded the motion. The vote being: Ayes: Duffy, Saracino, Cooney, Turner Noes: none Correspondence: none City Manager's Report: The City Manager reported to the Council the following: 1. That trees had been purchased for $1,500 and planted on City Hall grounds by Sam's Nursery using a portion of the funds donated by Payless Cashways; 2. That he bad been in contact with the County and requested that work begin on Cheek Sparger and Brown Trail as soon as possible; 3. That Highway 26 was in the process of being finished at this time; 4. That the traffic signal on Highway 26 should be started soon and that a cable was to be laid across Glade Road before the work is started on that Road; Citizens wishing to speak to the Council: 1. Kelly Welch, 5817 Quality Hill, read a letter from Vergil Welch in regard to political signs (attached); 2. Frank Rawls, 4504 Bowman, correctinq a earlier statement by the Council; 3. Dale Hodgson, 4609 Behrens, ask to be allowed to speak under items 4 or 5. OLD BUSINESS: 1. 3rd Reading and Public Hearing - Ordinance 0-83-471, Aubrey Brothers, (Z-83-328), Tinker Road, Dunn Survey, Abstract 404, Hughes Survey, Abstract 656 a portion of Tract 2A - zoning change from AG to R-20 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-83-471 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 ON TINKER ROAD IN THE WILLIAM DUNN SURVEY, A-404 AND HARRELL HUGHES SURVEY, A -656 TO THE CITY OF COLLEYVILLE, FROM AG TO R-20, PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. T CITY COUNC IL MINUTES APRIL 19, 1983 Page 2 Those speaking were as follows: Gary Teague, Teague Nall and Perkins Inc., engineer for Mr. Brothers; Robert Weese, Tinker - opposed; Pam McCain, 1504 McCain Lane - opposed; Glen McCutheon, 6317 Pleasant Run Road - questions with drainage; Eva Massey, 1212 Tinker Road - opposed; James Smith, 908 Tinker - opposed; Terry McCain, 1500 McCain Lane - opposed; Terry McCain, 1500 McCain Lane - opposed; Aubrey Brothers. There being no one else to speak the Public Hearing was closed. Councilperson Turner moved to approve Ordinance 0-83-471. Councilperson Duffy seconded the motion. Councilperson Turner spo~e to the Council and the citizens. Mr. Brothers was questioned by the Council. Councilperson Cooney moved to table. Councilperson Saracino seconded the motion. The vote being: Ayes: Noes: Saracino, Cooney Duffy, Turner Tie Breaker: Mayor Hubbard voted no Vote on the main motion: Ayes: Noes: Duffy, Turner Saracino, Cooney Denied as Planning and Zoning had disapproved 2. Consideration of amendment to Baker Development Agreement Councilperson Duffy moved to approve the amendm~nt to the Baker Development Agreement for the expenditure of $11,658.00 to be paid from unallocated funds. Councilperson Cooney and Turner seconded the motion. The vote being: Ayes: Duffy, Saracino, Cooney, Turner Noes: none NEW BUSINESS: 1. Request to speak to the Council - Jack Drain Jack Drain, 3612 Oakbriar Lane presented the Council with a list of requests and read the letter to the Council. (attached) Councilperson Turner suggested a Work Session before the next Council meeting at 6:30 p.m. 2. Discussion of Ordinance 0-8-453 requested by Councilperson Saracino Councilperson Saracino questioned whether the ordinance could be changed before August of 1984. The City Attorney explained that it could not be. 3. Citizen to speak to the Council - Howard Collins in regard to signs Howard Collins, 811 McDonwell asked to wait until Councilperson Duffy spoke as he might answer the questions to be presented. n ~r~ ~ CITY COUNCIL MINUTES APRIL 19, 1983 Page 3 4. Discussion of signs requested by Councilperson Duffy Councilperson Duffy requested that it be made clear what the ordinance about signs states City Manager Ballenger gave the background of the ordinance and what events had taken place during the past weeks. The City Attorney discussed the sign ordinance as it relates to the two signs in question. Dale Hodgson spoke at this time and stated his opinion at this time. Councilperson Turner moved that the Council direct the City Attorney to advise the City Manager on the sign ordinance in regard to political signs, and instruct the Chief of Police to remove signs that are in violation of the ordinance and take them to the Police station for the candidates to pick up. The Council also instructed the City Manager to take the City Attorney's advice on the signs whether to ticket or not. Councilperson Duffy and Cooney seconded the motion. The vote being: Ayes: Duffy, Saracino, Cooney, Turner Noes: none Judy Welch, 5817 Quality Hill, stated her husband Vergil Welch was one of the complainants in reply to a question by Dale Hodgson. Howard Collins requested that the area of the right-of-way be defined. The City Manager stated that the area in a yard behind the curb was approximately 9 to 9~ feet or about three step and signs were to be behind the ditches. 5. 1st Reading and Public Hearing - Ordinance 0-83-474 - Texport Builders, (Z-83-339), Pool Road, Chowning Survey, Abstract 294 and Joyce Survey, Abstract 885 - zoning change from AG to R-20 Mayor Hubbard opened the Public Hearing and read Ordinance 0-83-474 in its entirety. There being no one to speak the Public Hearing was closed. 6. 1st Reading and Public Hearing - Ordinance 0-83-475 - Peter D. Heffley, (Z-83-340), Glade Road, Young Survey, Abstract 1756 - zoning change from AG to R-40 Mayor Hubbard opened the Public Hearing and read Ordinance 0-83-475 in its entirety. There being no one to speak the Public Hearing was closed. Mr. Heffley stated that he would have no objection to having R-20 next to his property in the future. 7. 1st Reading and Public Hearing - Ordinance 0-83-476 - T & M Development, (Z-83-341), Pleasant Run Road, BBB & CRR Survey, Abstract 206 - zoning change CN to R-20 Mayor Hubbard opened the Public Hearing and read Ordinance 0-83-476 in its entirety. There being no one to speak the Public Hearing was closed. 8. 1st Reading and Public Hearing - Ordinance 0-83-477 - An Ordinance exempting a portion of homesteads for persons over 65 years old Mayor Hubbard opened the Public Hearing and read Ordinance 0-83-477 in its entirety. There being no one present wishing to speak the Public Hearing was closed. BUDGET REPORT: PAY BILLS; Councilperson Turner moved to pay the bills. Councilperson Duffy seconded the motion. The vote being: Ayes: Duffy, Saracino, Cooney, Turner Noes: none CITY COUNCIL MINUTES APRIL 19, 1983 Page 4 Councilperson Turner moved to adjourn the meeting. Councilperson Saracino seconded the motion. The vote being: Ayes: Duffy, Saracino, Cooney, Turner Noes: none ~~ LaVada Johnson Ci ty Secreta ry 1 vj . h -=<' 100-' / I uy.- ctj (r tf d Approved on: /u/:?_c."l C C fie? 4-19-1:-: A!L ;J Gentlemen of the Council: My father, Vergil Welch, is concerned about a problem which has recently surfaced and refuses to ~o away. Since he is unable to attend tonight's meeting, I have a brief letter from him to read in his absence. Dear members of the City Council: As you know, our city is in the midst of a municipal election. A former councilmember and a Reserve Police Officer, unfortunately, are among several who are in violation of our ordinances dealing with politcal and other types of signs. The signs in front of Colleyville Auto Parts, Colleyville Animal Clinic, and Smart's Automotive have all elicited written notifications of violations from the City Manager. In the latter two instances, citations for non-compliance have also been issued. As of today, these signs remain on display in brazen defiance of the law. I would like to bring these violations to your attention in hopes of finally seeing these signs comply with city ordinances. Briefly, the violations are: 1. Ordinance #0-81-419, Section D, paragraph (b) on page 26.1 states in part, "the combined area of all political signs on a property shall not exceed 6 square feet." 2. On page 26.4 of that same ordinance, subsection iii states "they shall be located no closer to any street than 15 feet behind the curb.. .such signs shall only - 2 - ,. identify the business conducted on the premises, the name of the building or tenant. No more than one such sign shall be erected on a lot within 40 feet of any existing sign on such lot." J. In addition to these violations, Mr. Burns' sign was erected without the permit required by Section D of this ordinance. It seems to me that these illegal signs, located on our city's main street, demand the attention of the City Council. Requests for voluntary compliance and citations have not been effective. Only if this ordinance is amended should these signs be permitted to remain. Otherwise, this flagrant disregard for the rules and regulations of our city are an affront to every citizen who seeks to live by our laws. Sincerely, 1/~ i(Je~ Vergil B. Welch )817 Quality Hill Colleyville, TX 76034 --- r-------- --- I ;cLctJ' ~t ~ - If - ,y } )~ CITIZEN TO SPEAK TO THE COUNCIL: Mr. Jack L. Drain 3612 Oakbriar Lane THE COUNCIL IS REQUESTED TO: 1. Have the City Attorney draft proposed city ordinances to; A. Establish No Smoking rules during the Public portions of all City Council and Planning and Zoning meetings and allowing for reasonable methods-procedures-penalties for enforcement. B. Provide the citizens of Colleyville with a Code of Conduct for City Council and Planning and Zoning members to: (1) define conflicts of interest as they relate to city affairs (2) elim- inate the possibility of Husband/Wife Teams holding elected or appointed offices at the same time. (3) Require the immediate resignation of any City Councilor Planning and Zoning member whose Spouse becomes a Plaintiff in Litigation against the city. (4) Provide a basis for Civil action and fiscal responsibility on the part of an elected or appointed City offical who acts in personal defiance of advise and counsel of the City Attorney resulting in a Lawsuit which is subsequently lost by the City. C. Provide for stiffer dumping of trash penalties and signs along public thorofares and to require that all vehicles kept in open areas be Licensed, Saftey Inspected and in reasonably operable condition. D. Place a moratorium on the Issuance or promotion of any additional Revenue or General Obligation bonds until the revenues and/or the population of Colleyville equals or approximately equals the Revenue/Population projections as adopted by R-76-124 dated July 6, 1976 for the dates so projected. E. Adjust the City tax basis to an amount that allows for the payment of all General and Revenue Bond fixed costs and further provide sufficient funds to meet all fixed costs in providing Water and Sewerage in the existing distribution system. The ordinance to further prohibit the inclusion of the above costs in the computat- ion of any citizens water/sewerage bill on a monthly basis. 2. Instruct the City Manager to determine the work to be done and the costs for repairing and sealing the streets in Woodbriar, Quailcrest and Tara. This work and this amount to become a part of the City budget for 1983-84. ----.'T-"