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HomeMy WebLinkAboutCity Council-Minutes-3/16/1982 CITY COUNCI L MINUTES MARCH 16, 1982 rJ' 'I fC5;2Ud JI /) -1,;1., <+ / ~ r . LJ' ;;z)) f, ' <-k' , "j' .-J-. t/ U The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Buck Hubbard on March 16, 1982 at 7:45 p.m. The invocation was given by Council person Smokey Vanover afterwhich Mayor Hubbard lead the Pledge of Allegiance. Council person Kelly requested a point of privilege to apologize for being late. Roll Call: Councilperson Vanover, Lear, Kelly and Darling were present. Councilperson Duffy absent. City Manager C.R. Ballenger, City Attorney Ross T. Foster, Director of Public Works Bill LeGrand, Chief of Police Joe Tozzi, and City Secretary LaVada Johnson were also present. Approval of Minutes: March 2, 1982 Council person Vanover moved that the minutes for March 2, 1982 be approved. Council person Darling seconded the motion. The vote being: Ayes: Vanover, Lear, Kelly, Darling Noes: none Correspondence: Mayor Hubbard reported on the following correspondence: 1. letter from J.R. Stone dated March 15, 1982 authorization of 2 traffic signals in Co 11 eyv ill e 2. memo from City Attorney Ross Foster on hearing in Austin on Copper Lantern Council person Kelly read two letters from Council person Duffy both dated March 13, 1982. City Manager's Report: City Manager Ballenger reported to the Council that the work had started on Cheek-Sparger and he gave his time to Bob Holder, Tarrant County Road Supervisor to speak to the Council. Bob Holder, Tarrant County Road Supervisor, explained to the Council problems the County is having with the resurfacing of Cheek-Sparger and talked about a new process that has been used on rroads that i nvol ved the use of chemi ca 1 s to harden the base of the road. Judy Welch, 5817 Quality Hill, requested to speak to the Council. She spoke to the Council concerning the changing of the procedure of the agenda for the Council meeting. Council person Kelly asked for point of privilege and asked that the Council return to correspondence and presented the City Secretary with a copy of letter that was Mrs. Welch had just read. Citizens wishing to speak to the Council: Jim Brewer, Police officer, expressed his thanks to the Council as he had resigned and is leaving the City. CITY COUNCIL MINUTES MARCH 16, 1982 Page 2 . "ctk~~ V v"t I~' .. ..1- c~ {}./ ' L\ ~ It ,- kj)..;~ Council person Kelly raised a point of order concerning the changing of the agenda. Mayor Hubbard gave his reasons for changing the agenda and proceeded to conduct the meeting. Council person Kelly raised a point of order and appealed the Mayor's ruling in not letting him continue to talk. The vote on the Mayor's ruling was as follows: (yes would be with the Mayor's ruling) Ayes: none Noes: Vanover, Lear, Kelly, Darling Councilperson Kelly read sections of Robert's Rules of Order and protested the handling of the agenda. After discussion by the Council, it was decided that item 10 be heard fi r s t. 10. Request to speak to the Council - Judy Welch in regard to irregularities in awarding the garbage contract (requested at 1:15 p.m. on March 12,1982 to be put under action items) c~JudY Welch, 5817 Quality Hill, requested that the Council ask for the opinion of the Attorney General on the question of conflict of interest and awarding the franchise for trash service. Council person Vanover asked Curtis McCaffity, President of Tarrant County Waste Disposal to speak to the Council and asked him the ~ollowing questions: Did he in fact sign the letter, where his signature was in question? Does Mayor Hubbard have any interest in his company what so ever? Mr. McCaffity replied that he had indeed signed the letter and that he owned 60% of his company and his ex-wife owned the remaining 40%. Council person Kelly asked Mr. McCaffity the following questions: At what time or what date did Mr. Hubbard start working for him? Are part of Mr. Hubbard's duties to go to various councils and businesses to represent him in obtaining contracts for trash service? Was he aware of the deposition made by Mr. Hubbard in a court case that stated as of 1979 that Mr. Hubbard worked for Mr. Curtis McCaffity that was sworn to and attested to by Mayor Hubbard? Was he not familiar with the case? Was he not familiar with Mr. Hubbard representing him at any council in the state of Texas for the purposes of selling of contracts for companies that he owned? Mr. McCaffity stated that Mr. Hubbard went to work for his son approximately 5 years (Southern Sanitation) and that he had hired him last April and that he had represented his son with Southern Sanitation but not Tarrant County Waste Disposal to sell contracts, he was not aware of the deposition. Mayor Hubbard made a statement that he would not discuss this item any further. Council person Kelly appealed the Mayor's ruling in not allowing him to further discuss this item. The vote on the Mayor's ruling was as follows: (yes would be with the Mayor's ruling) Ayes: Vanover, Lear Noes: Kelly, Darling ;YrCouncilperson Vanover suggested that the Mayor step down and go home, Councilperson Kelly changed his vote so City business could be conducted. Council person Kelly moved that all old business or unfinished business from the previous meeting be heard first as listed on the last agenda. Council person Lear seconded the motion. The vote being: A K 11 yes: e y Noes: Vanover, Lear, Darling 1. 3rd Reading and Public Hearing - Ordinance 0-82-438 Amending sign Ordinance 0-81-419 Mayor Hubbard opened the PUblic Hearing and read the preamble to Ordinance 0-82-438 AN ORDINANCE AMENDING SECTION D OF SECTION 3 OF CHAPTER 3 OF THE COLLEYVILLE CODE BY ADDING THERETO AN ADDITIONAL SECTION PROVIDING FOR THE REGULATION OF PORTABLE SIGNS, DEFINING PORTABLE SIGNS, DEFINING PORTAB LE SIGNS, SPECIFYING THE LOCATION AND SIZE OF PORTABLE SIGNS, REQUIRING A PERMIT FOR PORTABLE SIGNS, DESIGNATING A TIME PERIOD FOR UTILIZATION OF PORTABLE SrGNS, PROVIDING FOR ENFORCEMENT OF THE PORTABLE SIGN PROVISIONS, PROVIDING FOR SEVERABILITY AND ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. Those speaking were as follows: Peggy Keim, 3919 Colleyville Blvd - opposed; D.R. CITY COU NC I L MEET! NG MARCH 16, 1982 Page 3 Cravens, 112 Oak Valley Drive - opposed; Opal Ethridge, 5309 Pleasant Run - opposed; Mayor Hubbard read a petition containg 19 signatures in opposition to the ordlnance. There being no one else to speak the Public Hearing was closed. Council person Lear moved to disapprove Ordinance 0-82-438. Council person Vanover seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, Darling Ke 11 y 2. 3rd Reading and Public Hearing - Ordinance 0-82-437 - W. Barry Morgan (Z-82-283) zoning change request from AG to R-20 - 215 Cheek Sparger - J. Riley Survey, Abstract No. 1356 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-82-437 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 tAND GENERALLY DESCRIBED AS 215 CHEEK SPARGER, COLLEYVILLE, TEXAS, OUT OF THE J. RILEY SURVEY, ABSTRACT NO. 1356, FROM AG TO R-20; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one present wish~ng to speak the Public Hearing was closed. Council person Vanover moved to approve Ordinance 0-82-437. Council person Darling seconded the motion. The vote being: Ayes: Vanover, Lear, Kelly, Darling Noes: none 3. Final Plat Approval of lot 3 of Ponce Addition (Z-82-282) Block 1 - Hwy 26, Lott Survey, Abstract 963, Tract 20 and a portion of Tract 2 C Council person Kelly moved to approve the final plat of Ponce Addition case Z-82-282 for lot 3. Council person Vanover seconded the motion. The vote being: Ayes: Vanover, Lear, Kelly, Darling Noes: none 4. Appointment of Board of Adjustment member Council person Vanover submitted the name of and voted for James Titus for Board of Adjust- ment member. Council person Lear submitted the name of and voted for James Titus. Council person Kelly submitted the name of and voted for Wayne Deaton. Council person Darling submitted the name of and voted for James Titus. James Titus was appointed to the Board of Adjustment to fulfill the term of Jim Moore. 5. Appointment of Planning and Zoning member Council person Vanover submitted the namevDf and voted for Linda Ahlers for Planninq and r Zoni ng Commi ss i on member. Counci 1 person"'Kell y moved to tabl e the appoi ntment of thi s member until she could be interviewed. Motion died for lack of second. Councilperson Lear submitted the name of and voted for Linda Ahlers. Council person Kelly submitted the name of and voted for Ed McKnight. Council person Darling submitted the name of and voted for Linda Ahlers. Linda Ahlers was appointed to the Planning and Zoning Commission to fulfill the term of Howard Collins. CITY COUNCI L MINUTES MARCH 16, 1982 Pa ge 4 6. Instructions to City staff concerning citizens complaints and follow up requested by Council person Kelly Council person Kelly moved that this Council instruct the City Manager and City staff to formulate a log for complaints that will consist of the call in date, the complaint, who took the complaint, and opposite a response log where they will log out what the response to the citizen was, when they were called and who did the calling. Council- person Darling seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, Kelly, Darling none 7. Discussion and action of setting agenda requested by Council person Kelly Council person Kelly moved that the agenda for following Council meetings be set up in the order as prescribed in Robert1s Rules of Order, Section 40, page 300 and this Council' return the prerogative to City Administration(ie - City Secretary). Died for lack of second. Council person Vanover moved that the City Manager set the agenda and the order of it. Council person Kelly seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, Kelly, Darling none 9. Discussion and possible action of drainage on Cheek-Sparger Road City Manager Ballenger requested that $15,000 be transferred from unallocated funds to street materials to help defray the cost of additional culverts and chemicals to be used on Cheek Sparger Road. Council person Vanover moved to go with the City Manager's recommendation and move $15,000 to street funds for Cheek Sparger Road. Council person Kelly seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, Kelly, Darling none 8. Discussion of signs in public right-of-way (Ordinance 0-81-419) After discussion by the Council, it was decided to handle the signs for the up coming election as in the past. 11. Discussion and possible action relative to security for motorcycle races at Ross Downs (Joe Tozzi to speak on this item) Councilpersorl Vanover suggested that the City do totally away with the motorcycle permit if the owner is not will to use certified police officers for security. Chief Tozzi is to talk to the owner. BUDGET REPORT: City Manager Ballenger answered the questions of the Council concerning the budget. CITY COUNCIL MINUTES MARCH 16, 1982 Page 5 PAY BILLS: Councilperson Vanover moved to pay the bills. Councilperson Darling seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, Kelly, Darling none Council person Darling moved to adjourn the meeting. Council person Vanover seconded the motion. The vote being: Ayes: Noes: Respe4tf.Ull: su(;Zm. 'ik e-/ 0; \ A/ -) ~ail2{LtL . ~. '~7~/ '..--- LaVada Johnson City Secretary lvj Approved by: ~~f) &, IY f.;2. Vanover, Lear, Kell y, Darl i ng none LCJ (Z'71cr Ad'l' c(~ ..?-/.5-~,2 //lA IJ/~ 'tr &u..~ //l ~ .J..- ~ fi ~ :d.. /db.. ~ ~ .d AL-cruI ~ ~(j~' ~ ..._ ~k . - il'l. /t. IJ/.u.d. ~: I j a...... ~ j~ '1 tJA.d /J-Bz- (/]1'- ~'7~ tlU. a~.'7 ~ ~td& ~. "7~~'~ +~~ ~ A ~~~ ~ ft..:dw. Ii ~ e-,t,( ..iZv ~ ~ tL, fJj'~J - I~ .r.. I.#- a--I i~ ~ ftJv ~. S-. .J- a...... ~ I~ 'b /II" JIIc~ f--- f..;- l. (,. ~,b...J.. J. /.t. ~ ~ ~ ~ ~ ~ -7--- ~ ^- .de ~ r ~~~ -~~.d.. i~ i.JUl ~. rk- ~ 7- ~ ~ ~~A- ~~.ft k - :;. - . ~ ~ '-'~._ ;to d u-ur- o..-J- d ~U-(, (..t-j - .d ~~? ~ . Ki<lI~ ~..,... ~ A 'f~ M..<. pt ~- J ~ ~ _ J-tX. ;. -.u. j ~ hA ''c-L ~ &#l ffi ~ ~ A. ~.u.#- c..--. 7. '1L.. ~ e... ~ Pc- ~ "-- ....... ~ - ffi i~ ;? ~ ;th ~ ,tUc4VU; ;tL I~ '""- d f-.k.. ~-?- ad ~ ~/p-_ ~ ~i=j A ~aiu ~~ ~~~~ o-J- ttA ~ ~ ~ 1 .d.. ~. ("/tJ ~ ~ ~-C ~~*' #t... ~// A-f1'~di. ) g. /u.- '7' ~ /; /II" ~. ~~ )e))~o ~ Ph I 3-/?- 87. " Phi , .J ,aRb- # #~ ~ .-d ~~ ~ .,d ~ ~ ;d..< ~ , . )'f--#i,.t ~ A- ~ ~ tf~"-t ~ ~. /tIL ~ ~ /~"Aj- ~/ ,k tI~~ ~ '1'-<- - ~ ,i? -,4.; ~ ~ i ~ fO d7 J'i~ .:d. deLi-.. ~-Zil" eA~7 ~~- ..J;r ~ ~ 7" ~ .--.c ~ ;X ~ ~ ./<. ~.-t ttr4" -~. ~~-~dtf~~ U ~..-::c - ~ .....;v ~ ~ '"" ~ 'j . 1 ft- '/" - ~ ~ &<.- /~ I~ ffi ~- ~---7' )r~. March t6, 1982 Ci ty Council o'f Colleyville, Texas ~ar Members o'f the Council: , As you are no doubt avare, the fonnat o'f the City Council agenda vas changed last 'lhursday. According to the City Se cretary, Is. Vada Johnson, she Was instructed by Mayor Hubbard to list not only which i terns would be heard, but also 'under which category, namely "Action" or "Discussion." M.s. Johnson vas also in'formed by the Mayor that the agenda would no longer be divided as to "Old Business" or "New Business," and that hence'forth he alone would decide which topics would be placed as _11 ft.S under which category on tee agenda. You will recall that as o'f the previous City Council meeting, an item including my name vas listed under "Old Business. I.' '!bis vas due to the 'fact that although I bad presented a request of the Council at the previous meeting, no ansver bad been given; there'fore, it vas toward a resolution of the matter that the item appeared (and rightly 80) under "Old Business." However, because of circum- stances which necessitated Councilman Duffy's departure from the meeting at 10:00 p.m., and because Mayor Hubbard vas allowed by the Council members to arbitrarily select agenda items, that topic was not heard. ~ ) In light o'f these events, I feel compelled to call upon the Council to correct " \. a situation which threatens to strangle the very 1i'feblood of democracy in our city. Of primary concern is the fact that without the consent of the Council and without input 'from the citizens, the Mayor has, in one solitary, premeditated act, denied every citizen of Colleyville their rights under the First Amendment of the U.S. Constitution It is vitally important and apparently necessary that I quote to you, the governing body o'f this city, portions of that First Amendment, aside 'from the obvious phrase "freedom of speech." '!be last phrase of that Constitutional Amendment addresses the right "to petition the government for a redress of grievances." l Although I vas once allowed to request action 'from the Council regarding . irregularities in the renewal of a contract for garbage collection in this city, I have yet to receive any reply to that request for an investigation, as provided by the City Charter. 'lbat vas the reason 'for my having been listed under "Old Business," on the most recent"City Council agenda. Currently, under the present circumstances, however, that same topic has been listed by Mayor Hubbard under "Discussion" items -- and I might add, as the next-to-the-last item. By all that is traditional in Co11eyvill.e as vell as other governmental bodies and organizations, and by all that is accepted as ethical procedure, I strongly prorest the current situation regarding the construction -- and I daresay "manipulation"-- of' the City Council agendas. Virtually every citizen in Colleyvi1le has been denied a 'fundamental right because one or more members of' the City Council have played fast and loose with our traditionally-accepted practice of conducting city business. ~o allow this travesty of justice to continue would be sheer 'folly. ~n the majority of Co~leyville citizens are fully aware of the implications inherent in the above-mentioned situation, they, too, vil1 f'eel insulte~ and injured and rightly so. ~ Council must, for the sake of' every citizen, allow me the courtesy o'f an official reply to my previous request. And not at the end of this new version of the old_shell_game-cal1ed-an-a.genda, but in my right'ful pl..ace, as one of the first items of business this evening. Even though the topic may be personally distastef'ul, I implore you to adhere to your duty and uphold the dignity of' Co11eyville. Sincerely , ~1if~