HomeMy WebLinkAboutCity Council-Minutes-6/7/1983
CITY COUNCIL
MINUTES
JUNE 7, 1983
~~~ !~
/.; -- 1. f}t)~. t'\ ..
. .J>>(t
The regular meeting of the City Council of the City of Colleyville was called to order
by Mayor Bob Neely on June 7, 1983 at 7:30 p.m.
The invocation was given by Council person Tony Saracino afterwhich Mayor Neely lead the
Pledge of Allegiance.
Roll Call: Councilperson Collins, Saracino, Piner, Kelly, and 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 W. Fisher, and City Secretary LaVada Johnson were also present.
Approval of Minutes: May 17, 1983 and May 24, 1983
Councilperson Kelly moved that the minutes for May 17, 1983 and May 24, 1983 be approved.
Councilperson Collins seconded the motion. The vote being:
Ayes: Colli ns, Sa raci no, Pi ner, Kelly; Turner
Noes: none
Correspondence:
Mayor Neely read the following letters:
1. Addressed to Ross Foster, from Edith E. Teague dated May 17, 1983 concerning
complaint made to HUD by J.B. Sandlin on Community Development Funds
2. from Mollie Wolfenburger, dated May 31, 1983 concerning the Council IS
decision on the recall petitions
City Manager's Report:
City Manager Ballenger reported to the Council the following:
1. that Mr. Renfro, Highway Dept, reported that 3-way stop signs were being
installed on Hwy 157 and Glade Road;
2. that traffic lights are being installed at Glade Road and Hwy 26;
3. that the County is now working at Estill, Brown Trail and Cheek-Sparger Road
Councilperson Kelly called for a point of order - to adjust the agenda and allow the
three citizens under items 8,9, and 10 of New Business to be moved to be heard first
under New Business.
OLD BUSINESS:
1. 3rd 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 (Tabled)
David Vincent, 101 Oakcrest Hill, spoke to the Council requesting the City do a drainage
study of the problem areas of Colleyville and determine what will be the long range effect
of R-20 zoning being turned down. He withdrew his request for R-20 zoning and plat
approva 1 .
2. Update on recall petition by City Secretary requested by Mayor Neely
....'
CITY COUNCIL
MINUTES
JUNE 7, 1983
Page 2
Mayor Neely reported that the City Secretary had summarized the signatures on the
recall petition into 13 different groups (list attached). Councilperson Piner moved
that the Council take no action based on the fact the petitions do not meet the
requirements as set out in Section 5.02 of the City Charter. Councilperson Saracino
seconded the motion. *The vote being:
Ayes: Saracino, Piner, Kelly, Turner
Noes: Collins
*Councilperson Turner questioned members of the original Charter Commission, those
being as follows: Jim Moore, Opal Ethridge, H.L. Gibson, Frank Rawls.
3. Instructions to City staff regarding budget requested by Councilperson Kelly
Council person Kelly requested that item 3 be left on the table until the next regular
Council meeting after the work session with the City Manager on the budget.
8. Request to speak to the Council - John Groce
John Groce, 604 Colts Neck Court, spoke to the Council informing them that he had been
retained by citizens who had signed the petition to represent them. Mr. Groce spoke
in regard to the recall petitions.
9. Request to speak to the Council - Buck Hubbard
Buck Hubbard, 413 West L.D. Lockett Road, spoke to the Council on the following items:
in favor of the appointment of Lyle Piner to the Council although the company he was
employed by had a franchise with the City of Colleyville and he could see no conflict
of interest as he had been accused in the same situation with a different franchise;
the ordinances of Colleyville should be followed or done away with; and the need for
the II fudge'! fund in the budget (giving the example of the sewer line for the Oaks and
Briarwood). Rosemary Freeman spoke to clarify that the sewer line had been paid for
by the citizens of the two subdivisions in the amount of $75,000 plus the amount
that was spent by the City.
10. Request to speak to the Council - Colleyville Presbyterian Church, Cheek-Sparger
Road to discuss 75% masonry requirement in regard to addition planned for church
building
Robert Van Til, 101 Quail Run, spokesman for the Colleyville Presbyterian Church
explained to the Council the plans to build a classroom addition to match the church
building. They wanted to know if the church was to be considered as a commercial
building. The Council instructed the City Manager to issue a building permit as a church
was not considered commercial.
Councilperson Kelly requested point of privilege to permit his attorney Bill Meier
to speak to the Council. Bill Meier, attorney-at-law spoke on behalf of Councilperson
Kelly in regard to the recall petitions.
1. Appointment of Charter Review Committee requested by Councilperson Saracino
The applications were considered in the order that they were received.
~
CITY COUNCIL
MINUTES
JUNE 7, 1983
Page 3
Councilperson Turner nominated Neil Gholson.
Councilperson Saracino seconded.
Vote:
Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Councilperson Turner nominated Glenn Schneider.
Councilperson Saracino seconded.
Vote: Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Councilperson Turner nominated Jim Moore.
Councilperson Collins seconded.
Vote: Ayes:
Noes:
Collins, Turner
Saracino, Piner, Kelly
Councilperson Turner nominated H.L. Gibson.
Councilperson Piner and Kelly seconded.
Vote: Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Councilperson Turner nominated Opal Ethridge.
Councilperson Kelly seconded.
Vote: Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Councilperson Turner nominated Mike Fay.
Councilperson Piner seconded.
Vote: Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Councilperson Turner nominated Jon Atwood.
Councilperson Collins seconded.
Vote: Ayes:
Noes:
Collins, Turner
Saracino, Piner, Kelly
Councilperson Turner nominated Frank Rawls.
Councilperson Kelly seconded.
Vote: Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Councilperson Turner nominated Dale Hodgson.
Councilperson Collins seconded.
Vote: Ayes:
Noes:
Collins, Turner
Saracino, Piner, Kelly
CITY COUNCIL
MINUTES
JUNE 7, 1983
Page 4
Council person Saracino nominated Denis Duffy.
Councilperson Kelly seconded.
Vote: Ayes: Collins, Saracino, Piner, Kelly, Turner
Noes: none
2. Consideration of Resolution R-83-273 - Adopting regulations for floodway along
Little Bear Creek
Mayor Neely read Resolution R-83-273 in its entirety. Councilperson Kelly moved to
approve R-83-73. Councilperson Turner seconded the motion. The vote being:
Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Cleve Keith, 4704 Bransford Road, stated he had a letter from Corp of Engineers saying
his property was not in the flood plain. Mayor Neely explained that this resolution
had to do with the creek on the other side of the highway.
3. Consideration of COMBINATION PLAT APPROVAL - Paul Heffl~y, Z-83-340A - Glade Road
Councilperson Kelly moved to approve Combination Plat for Heffley Addition, Z-83-340A.
Councilperson Collins and Turner seconded the motion. The vote being:
Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
4. Consideration of PRELIMINARY PLAT APPROVAL - T & M Development, Z-83-341A
Councilperson Collins stepped down because of conflict of interest.
Mr. Howard Collins requested if at all possible that this item be considered as a final
plat.
Councilperson Kelly questioned the fact that the Planning and Zoning Commission approved
the final plat before the Council approved the preliminary plat. Mayor Neely pointed out
that since the agenda was posted as a preliminary plat approval, it could not be consider-
ed as a final. Mr. Collins withdrew his request for a final plat approval.
Councilperson Turner moved to approve the preliminary plat of Ratliff Addition Z-83-341A.
Council person Piner seconded the motion.
The Council discussed the end of Central Drive and how emergency vehicles could get
in and out. The dirt road thru the City property was pointed out as a way for emergency
vehicles to enter or leave.
Councilperson Kelly moved to amend the main motion with the preliminary plat being approved
with the understanding that the City Manager and the Developer meet and make arrangements
for an emergency turn around at no cost to the City by granting a temporary easement
on City property. Councilperson Piner seconded the motion. The vote being:
Ayes: Saracino, Piner, Kelly, Turner
Noes: none
CITY COUNCIL
m NUTES
JUNE 7, 1983
Page 5
Vote on main motion: Ayes: Saracino, Piner, Kelly, Turner
Collins returned to the Council. Noes: none
5. Consideration of PRELIMINARY PLAT APPROVAL - Texport Builders, Z-83-347 -
Country Meadow
This item was withdrawn by David Vincent of Texport Builders.
6. Consideration of Resolution R-83-274 - Calling August election for Place 3
Mayor Neely appointed Jim Moore as election judge and Helen Bailey as alternate
presiding judge. Councilperson Turner moved to approve Resolution R-83-274 calling
the election for Place 3 on August 13, 1983. Council person Piner seconded the motion.
The vote being:
Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Mayor Neely read Resolution R-83-274.
7. Discussion and possible action on auditor for 82-83 fiscal year
City Manager Ballenger requested direction in obtaining an auditor for the fiscal year
of 1982-83. The Council instructed the City Manager to obtain proposals from Certified
Public Accountants.
11. 1st Reading and Public Hearing - Ordinance 0-83-482 - Amending Chapter 9 of
Codification
Mayor Neely read Ordinance 0-83-482 in its entirety and opened the Public Hearing.
Those speaking were as follows: Jim Moore, 1416 Glade; Glenn Schneider, 3907 Copper-
wood Court. There being no one else to speak the Public Hearing was closed.
Councilperson Piner moved to amend Ordinance 0-83-482 Sec. 1 (5) to read "This chapter
is not intended to repeal, abrogate, or impair any existing plans or ordinances. How-
ever, where the provisions of this chapter and other ordinances or plans conflict or
overlap, the most restrictive provisions thereof shall apply.1I and the last sentence
of Sec. 2. IIA. 1. "Approval of a preliminary plan as such shall not constitute final
acceptance or approval of the subdivision. II. Councilperson Kelly seconded the motion.
The vote being:
Ayes: Collins, Saracino, Piner, Kelly, Turner
Noes: none
12. Discussion and possible action on the appointment of an over-sight committee
requested by Councilperson Piner
Councilperson Piner requested this item be withdrawn from the agenda.
13. Inventory, discussion and possible action on all rolling City equipment requested
by Councilperson Saracino
Councilperson Saracino requested that the Council be furnished with the cost and value
of equipment the City owns in the area of cars, trucks, etc.
CITY COUNCIL
MINUTES
JUNE 7, 1983
Page 6
14. 1st Reading and Public Hearing - Ordinance 0-83-477, Hillcrest Properties,
Z-83-348, Day Survey, Abstract 406, tracts 1,2, & 2A and T.J. Christian Survey,
Abstract 275, tracts 2 & 3 Zoning change from AG to PUD-R
15. 1st Reading and Public Hearing - Ordinance 0-83-478, Hillcrest Properties,
Z-83-349, (see legal list under item 14) Zoning change from AG to CC
16. 1st Reading and Public Hearing - Ordinance 0-83-479, Hillcrest Properties,
Z-83-350, (see legal list under item 14) Zoning change from AG to CN
17. 1st Reading and Public Hearing - Ordinance 0-83-480, Hillcrest Properties,
Z-83-351, (see legal list under item 14) Zoning change from AG to RD
Councilperson Piner moved to read Ordinance 0-83-477, Ordinance 0-83-478, Ordinance
0-83-479, and Ordinance 0-83-480 in their entirety and then conduct the Public Hearings
for all four ordinances at one time as they were related to one another. Councilperson
Kelly seconded the motion. The vote being:
Ayes:
Noes:
Collins, Saracino, Piner, Kelly, Turner
none
Mayor Neely read Ordi nance 0-83-477 in its enti rety. Council person Pi ner read
Ordinance 0-83-478 in its entirety. Councilperson Kelly read Ordinance 0-83-479 in
its entirety. Mayor Neely read Ordinance 0-83-480 in its entirety. The Public Hearing
was opened. Those speaking were as follows: Opal Ethridge, 5309 Pleasant Run Road.
There being no one else wishing to speak the Public Hearing was closed. David Washington,
engineer for the project addressed the Council and answered questions of the Council at
random.
18. 1st Reading and Public Hearing - Ordinance 0-83-481, Vernon Harris, 6515
Colleyville Blvd., Z-83-346, Lott Survey, Abstract 963 Tract 2K Zoning Change
AG to ML
Mayor Neely read Ordinance 0-83-481 in its entirety and opened the Public Hearing.
Vernon Harris was present to answer question. There being no one else wishing to speak
the Public Hearing was closed.
19. Report and possible action on bicycle path requested by Councilperson Saracino
Councilperson Saracino reported that he had met with Superintendent Bob Fail and the City
Manager to discuss the bicycle path along Bogart Road. The Council discussed the place-
ment and cost of the path and requested that Councilperson Saracino check with Mr. Fail
to see if the school would share in the cost of the path.
PAY BILLS:
Councilperson Kelly moved to pay the bills. Councilperson Turner seconded the motion.
The vote being:
u SU~~
La d Johnson lilt
City Secretary Approved on:
1 .
.-'il____.___
Ayes: Collins, Saracino, Piner, Kelly, Turner
Noes: none
adjourn the meeting. Councilperson Turner seconded the
Ayes: Collins, Saracino, Piner, Kelly, Turner
Noes: none
Councilperson Kelly moved to
motion. The vote being:
01<4 J-31/1f-j
-.T"+
-='"
CITY Of COl~A~YV]al[
TO:
FROM:
DATE:
Mayor and City Council
City Secretary
June 7, 1893
Attached please find the summary of the signatures on the recall petition
I Name signed different than listed on voter's list - 300
(127 names on other list) 173
II Date di ttoed 4
III City dittoed 30
IV City not listed 95
V Ci ty different than Co 11 eyvi 11 e 4
VI No voter registration number listed 20
VII Wrong voter registration number 2
VIII Address different than on voter 's list 20
IX Listed same as on voter's list 27
(2 on list IV)
X Not eligible to vote until May 27, 1983 2
XI Street Not listed 2
XII Address dittoed 6
XI II Not notarized 7
P. O. BOX 18S COLIDVILlf, TEXAS 76034 (817) 281-4044
._~_.. .. ........ .~ ......,.:...~_.......-~..'"",.".",...._..,-",._...,'"
-
,_11!!!'.:..~.__.~