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Home My WebLink AboutCity Council-Minutes-10/11/1983 CITY COUNCIL MINUTES OCTOBER 11, 1983 *amended 10-18-83 /) . . r C(LL(cf /['- tl The regular meeting of the City Council of the City of Colleyville was called by Mayor Neely on October 11, 1983 at 8:00 p.m. -;y' .;L Ie '.7li.u/( ---e:.:;_l. to order') The invocation was given by Councilperson Tony Saracino afterwhich Mayor Neely lead the Pledge of Allegiance. Roll Call: Councilperson Collins, Saracino, Gholson, Kelly, and Turner were present. City Manaqer C.R. Ballenger, City Attorney Ross Foster, Director of Public Works Bill LeGrand, City Engineer Gary Fisher, Chief of Police Joe Tozzi, and LaVada Johnson, City Secretary were also present. Approval of Minutes: September 20, 1983 Councilperson Collins moved to approve the September 20,1983 minutes. Council person Saracino seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none Correspondence: Mayor Neely read a thank you card from the Cub Scouts thanking him for speaking to the troop and he introduced the troop as they were attending the Council meeting. City Manager's Report: City Manager Ballenger reported to the Council concerning the followinq items: 1. That the signal light would be turned on for the section on Glade Road that has just been completed the first of next week. Councilperson Kelly - Point of Order - pointed out that item 12 under Old Business was out of order as stated that only one that voted affirmative can bring it back for re- consideration. Councilperson Neil Gholson - Point of Order - would like to consider item 13 after item~H3 *-i-t-em- under Old Business. *amended 10-18-83 OLD BUSINESS: 1. Reconsideration of Southlake water sales requested by Council person Turner Councilperson Turner requested that Mayor Neely contact the Mayor of Southlake to discuss the sale of water to them, and would like to see the City of Southlake sell water to their citizens at the same price Colleyville residents pay. 2. 3rd Reading and Public Hearing - Ordinance 0-83-489 - Ordinance amending zoning of a tract of land in Joseph White Survey, Abstract No. 1692 from Agriculture to Residential 40,000 on request of Darrell Behring (Z-83-369) - Shelton Drive Mayor Neely read the preamble to Ordinance 0-83-489 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 2 BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A TRACT OF LAND IN THE JOSEPH WHITE SURVEY, ABSTRACT NO. 1692, TO THE CITY OF COLLEYVILLE, FROM AG TO R-40; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. Council person Collins moved to approve Ordinance 0-83-489. Council- person Gholson seconded the motion. The vote heing: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 3. 3rd Reading and Public Hearing - Ordinance 0-83-490 - Ordinance amending zoning of a tract of land in William Dunn Survey, Abstract No. 404 from Agriculture to Residential 40,000 on request of Gary Teague for Joe Hughes (Z-83-371) - Tinker Road Mayor Neely read the preamble to Ordinance 0-83-490 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-40, PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. and opened the Public Hearing. There being no one present wishing to speak the PUblic Hearing was closed. Councilperson Collins moved to approve Ordinance 0-83-490. Council- person Turner and Kelly seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 13. Consideration of purchasing fire truck requested by Fire Chief Bailey Fire Chief Bailey explained the background of how the fire truck became available for $52,000.00. The Council questioned fire Chief Bailey concerning the need for a fire truck at this time. Councilperson Saracino stated that he did not want to purchase a "white elephantll and he wanted the Fire Chief to submit to the Council for next years budget a request for a fire truck designed for the City of Colleyville with everything needed on it.. Councilperson Gholson stated that he supported the need for a fire truck in next years budget. Councilperson Turner stated that he would like the Council to purchase the fire truck this budget year. Council person Turner moved to purchase the fire truck as requested by Fire Chief Bailey. Councilperson Collins seconded the motion. Ayes: Collins, Turner Noes: Saracino, Gholson, Kelly 4. 3rd Reading and Public Hearing - Or.dinance 0-83-491 - Ordinance Adopting the Annual Budget for the fiscal year October 1, 1983 through September 30, 1984 Mayor Neely read the preamble to Ordinance 0-83-491 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 3 *amended 10-18-83 AND ADOPTING THE ANNUAL BUDGET FOR THE CITY OF COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983 THROUGH SEPTEMBER 30, 1984, A COpy OF AME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE ON OCTOBER 1, 1983. and opened the Public Hearing. Those wishing to speak were as follows: Buck Hubbard, 413 West L.D. Lockett, for 56~; James Phipps, 603 Field, for 56~; Dennis Darby, 4209 Chesire,for 56~; T.U. Tutt, 4800 Bedford, for 52~; Barbara Redding, 909 Glade, for 52~. There being no one else present wishing to speak the Public Hearing was closed. Councilperson Kelly moved to approve Ordinance 0-83-491. Council person Saracino seconded the motion. The vote being: Ayes: Saracino, Gholson, Kelly Noes: Collins, Turner 5. 3rd Reading and Public Hearing - Ordinance 0-83-492 - Ordinance establishing the ad valorem tax rate Mayor Neely read the preamble to Ordinance 0-83-492 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEYVILLE, TEXAS, FOR THE 1983-84 FISCAL YEAR; ESTABLISHING THE AD VALOREM TAX RATE OF $.52~ PER ONE HUNDRED DOLLARS PROPERTY ASSESSMENT; PROVIDING FOR APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND FOR GENERAL OPERATING NEEDS TO BECOME EFFECTIVE ON OCTOBER 1, 1983. and opened the Public Hearing. Those wishing to speak were as follows: Buck Hubbard, 413 L.D. Lockett Road. There being no one else wishing to speak the Public Hearing was closed. *Councilperson Collins would like the rate 56~ and Councilperson Turner wanted 54~. Councilperson Kelly moved to adopt Ordinance 0-83-492. Councilperson Saracino seconded the motion. The vote being: Ayes: Saracino, Gholson, Kelly Noes: Collins ffir-~~, Turner ~~~~~- *amended 10-18-83 6. 3rd Reading and Public Hearinq - Ordinance 0-83-493 - Ordinance amending Chapter 11 of the Colleyville Code - modification of the existing code required by the United States Environmental Protection Agency Mayor Neely read the preamble to Ordinance 0-83-492 AN ORDINANCE AMENDING CHAPTER 11 OF THE COLLEYVILLE CITY CODE, SECTION 2, BY ADDING DEFINITIONS OF SIGNIFICANT INDUSTRIAL USER AND TOTAL TOXIC ORGANICS; PROHIBITING DILUTION AS A MANNER OF REDUCING PROHIBITED POLLUTANT CONCENTRATIONS; MODIFYING AND SPECIFYING PROHIBITED POLLUTANT CONCENTRATIONS; PROVIDING FOR PUBLIC NOTIFICATION OF INTRODUCTION OF NOXIOUS, INDUSTRIAL WASTE INTO THE SEWAGE SYSTEM; REQUIRING ALL INDUSTRIAL USERS TO COMPY WITH APPLICABLE FEDERAL AND STATE STANDARDS; PROVIDING FOR A PERMIT PROCEDURE, COMPLIANCE TIME AND CONFIDENTIALITY OF INFORMATION OF SIGNIFICANT INDUSTRIAL USERS; MODIFYING THE CITY'S RIGHT OF ACCESS FOR THE PURPOSE OF MONITORING SEWAGE DISCHARGE; PROVIDING FOR THE APPOINTMENT OF A TESTING LABORATORY; REQUIRING SIGNIFICANT INDUSTRIAL USERS TO PAY ALL COSTS OF MONITORING; REQUIRING SELF-MONITORING AND REPORTS; PROVIDING FOR THE DISCONNECTION AND RECONNECTION OF SEWER SERVICE FOR CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 4 VIOLATION AND SUBSEQUENT COMPLIANCE WITH THE PROVISIONS OF CHAPTER 11; CONDITIONING RECONNECTION UPON THE PAYMENT OF ALL COSTS OF DISCONNECTION AND RECONNECT ION OF SEWAGE SERVICE; PROVIDING FOR THE REVOCATION OF PERMITS; ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. Councilperson Turner moved to approve Ordinance 0-83-493. Councilperson Gholson seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 7. 2nd Reading and Public Hearing - Ordinance 0-83-496 - Ordinance approving Rate Schedules - Tri-County Electric Co-Operative, Inc Mayor Neely read the preamble to Ordinance 0-83-496 and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. 8. 2nd Reading and Public Hearing - Ordinance 0-83-497 - Ordinance approving Rate Schedules - Texas Electric Service Company Mayor Neely read the preamble to Ordinance 0-83-497 and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. 9. 2nd Reading and Public Hearing - Ordinance 0-83-498 - Ordinance approving Rate Schedules - Lone Star Gas Company Mayor Neely read the preamble to Ordinance 0-83-498 and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. 10. Consideration of Rules of Procedure - Mayor Neely (TABLED) Mayor Neely explained that this item had been tabled from the last meeting and pointed out some changes. Councilperson Kelly moved to table this item until the next Council meeting for a work session at 6:30 p.m. Councilperson Turner seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none 11. Consideration of Developer Agreement - Lar~y Cole - Woodland Hills Development (TABLED) Councilperson Collins moved to remove the developer agreement for Woodland Hills from the table. Councilperson Gholson seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none The City Manager pointed out the items of the agreement that were different from the original agreement that he had presented. Councilperson Gholson pointed out that the Council needed to reach an agreement on the question concerninq item #1 on the question of 2 units per acre or over 2 units. Councilperson Collins, Saracino, Gholson, Turner, Mayor Neely, City Attorney Foster, and City Manager Ballenger agreed on $150.00 for an CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 5 unit in excess of 2 units. Councilperson Kelly was not in agreement with this interpre- tation. Councilperson Turner moved to table until the next meeting. Council person Kelly seconded the motion. The vote being: Ayes: Noes: Saracino, Gholson, Kelly, Turner Collins 12. Reconsideration of REPLAT of 1st filing (Z-83-370) Woodland Hills requested by Larry Cole DELETED see point of order by Councilperson Kelly page one 14. Consideration of adoption of Revenue Sharing Budget Councilperson Turner moved to adopt the Revenue Sharinq Budget. Councilperson Collins seconded the motion. The vote being: Ayes: Collins, Saracino, Gholson, Kelly, Turner Noes: none Counc~lperson Collins requested that the replat of the First Filing of Woodland Hills be on the agenda for the next meeting. NEW BUSINESS: Councilperson Kelly requested that item #3 be moved to the first item under New Business, that items #5,#6,#7 be on the next agenda and that the Executive Session be moved to prior to item #10. 3. Discussion of resolution authorizing sale of stocks of Storer Cable requested by City Attorney/ Letter requesting permission to close the local office by Charles Heath Councilperson Kelly moved to adopt Resolution R-83-28~the resolution approving the merger of Tarrant Cable Communications into Storer Cable TV of Texas, Inc. Councilperson Turner seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none Councilperson Kelly moved to approve the closing of the office of Storer Cable per Ordinance 0-83-488. Councilperson Gholson seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none 1. Approval of tax roll for 1983 Councilperson Kelly moved to approve the tax roll as presented by the City Manager. Councilperson Saracino seconded the motion. The vote being: Ayes: Noes: Saracino, Gholson, Kelly, Turner Collins CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 6 2. Approval of number of ballots for Absentee Ballots - 1 thru 300 for November 8, 1983 election Councilperson Gholson moved to approve the absentee ballots to be numbered 1 thru 300 for the November 8, 1983 recall election. Councilperson Collins seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none 4. Sign Ordinance enforcement requested by Councilperson Kelly The Council discussed the sign ordinance and its enforcement. Councilperson Kelly pointed out to the Police Chief where there were signs that needed to be picked up. Items 5, 6, 7 will be on the next Council meeting 5. Request of water purchaed versus water sold requested by Council person Kelly 6. List of property owned/leased/rented by City with vehicle registration, license, etc., requested by Council person Kelly 7. Status of half demolished buildings on Glade Road between Sparger and Jackosn requested by Councilperson Kelly 8. Consideration of bids for Police Cars Council person Kelly moved to approve the purchase of 2 police cars at the low bid of Jack Willisms Chevrolet at $10,044.00 and the 1st car being paid by insurance from the wrecked vehicle and the 2nd car being paid for with Revenue Sharing funds when they arrive. Councilperson Turner seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none 9. Consideration of Resolution R-83-282 - Resolution to endorse and support the comp2 letion of the 360 project (for Highway 360) Mayor Neely recommended the approval of Resolution R-83-282. Councilperson Turner moved to approve Resolution R-83-282. Councilperson Gholson seconded the motion. The vote being: Ayes: Noes: Collins, Saracino, Gholson, Kelly, Turner none 14. EXECUTIVE SESSION: In accordance with Article 6252-17 See 2 paragraphs e, f, and g Mayor Neely explained that there would be not any decisions made during the executive session. The meeting was recessed. Councilperson Saracino and City Manager Ballenger lefted after the Executive Session. The meeting was reconvened. 10. Emergency Reading and Public Hearing - 0-83-500E - Ordinance amending City Code by adding an additional section 6.I, concerning street development Mayor Neely read Ordinance 0-83-500E in its entirety CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 7 AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CITY CODE BY ADDING AN ADDITIONAL SECTION 6.I; REQUIRING CERTAIN SUBDIVISION IMPROVEMENTS TO UTILITIES AND STREETS ADJSCENT TO SUCH SUBDIVISIONS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION; AND DECLARING AN EMERGENCY. and openedt~e Public Hearing. Those speaking were as follows: Glen Schneider; Larry Cole; Mary Brothers. Council person Kelly moved that the discussion by citizens be limited to 5 minutes. Councilperson Turner seconded the motion. The vote being: Ayes: Collins, Gholson, Kelly, Turner Noes: None There being no one else to speak the Public Hearing was closed. Council person Kelly moved to adopt Ordinance 0-83-500E. Council person Gholson seconded the motion. The vote being: Ayes: Gholson, Kelly, Turner Noes: Collins (not an emergency) 11. 1st Reading and Public Hearing - 0-83-500 - Ordinance amending City Code by adding an additional section 6.I, concerning street development Mayor Neely read Ordinance 0-83-500 in its entirety and opened the Public Hearing. There being no one present wishing to speak the Public Hearing was closed. 12. Consideration of Woodland Hills Development requested by Councilperson Kelly Councilperson Kelly - Point of Order - deleted this item from the agenda. 13. Consideration of Resolution R-83-283 - Appointment of Tax Appraisal Representative Councilperson Turner moved to approve Resolution R-83-283 recommending that Gaylon Mayfield be appointed to the Tarrant Appraisal Board as our representative. Councilperson Gholson seconded the motion. The vote being: Ayes: Collins, Gholson, Kelly, Turner Noes: none Council person Kelly requested that a, b, c be removed from the consent agenda. 14. Consent items a) Consideration of 6th Filing FINAL PLAT APPROVAL (Z-83-374) South creek, Inc. Council person Turner moved to approve Final Plat Z-83-374. Councilperson Collins seconded the motion. The vote being: Ayes: Collins Noes: Gholson, Kelly, Turner CITY COUNCIL MINUTES OCTOBER 11, 1983 Page 8 Council person Kelly moved to disapprove the Final Plat for the 6th Filing, Z-83-374 as there is no street design as required by the Ordinance just passed. Councilperson Turner seconded the motion. The vote being: Ayes: Kelly, Turner Noes: Collins, Gholson Tie Breaker: Mayor Neely voted aye b) Consideration of COMBINATION PLAT APPROVAL (Z-83-377) Darrell Behring, Shelton Road, Whites Survey, Abstract 1692, Tracts 2H & 2Hl Councilperson Collins moved to approve the Combination Plat Z-83-377. Council person Turner seconded the motion. The vote being: Ayes: Collins, Gholson, Kelly, Turner Noes: none c) Consideration of COMBINATION PLAT APPROVAL (Z-83-378) Jack Patterson - Bill Simmons Road, Cotrial Survey, Abstract 328, Tracts 2K & 2FF Councilperson Turner moved to approve Combination Plat Z-83-378. Councilperson Collins seconded the motion. The Vote being: Ayes: Collins, Gholson, Kelly, Turner Noes: none 14. Consent items d) Pay Bill s Councilperson Turner moved to pay the bills. Councilperson Gholson seconded the motion. The vote being: Ayes: Collins, Gholson, Kelly, Turner Noes: None Councilperson Collins moved to adjourn the meeting. Council person Turner seconded the motion. The vote being: Ayes: Collins, Gholson, Kelly, Turner Noes: none The meeting was adjourned at 2:30 a.m. ReSP71J:i~~ &: Johnson City Secretary lvj ~ ^ A 11 Approved on : _ 1(/fl'3.. Ck::J,; ~