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Home My WebLink AboutCity Council-Minutes-6/29/1982 ~J- /1- !tb- '\ ,4.1 ( 5.13iJjJ/'" . The regular meeting of the City Council of the City of Colleyville was called to order b~ Mayor Hubbard on June 29, 1982 at 7:40 p.m. CITY COUNCIL MINUTES JUNE 29, 1982 The invocation was given by Councilperson Tom Cooney afterwhich Mayor Hubbard lead the Pledge of Allegiance. Roll Call: Councilperson Duffy, Cooney, Kelly, Turner were present. Councilperson Vanover absent. City Manager C.R. Ballenger, City Attorney Ross T. Foster, Chief of Police Joe Tozzi, City Engineer Gary Fisher, and City Secretary LaVada Johnson were also present. Approval of Minutes: June 4, 1982 Councilperson Duffy moved that the minutes for June 4, 1982 be approved. Councilperson Cooney seconded the motion. The vote being: Ayes: Noes: Duffy, Cooney, Kelly, Turner none Correspondence: Mayor Hubbard reported that Ed Cain had resigned from the Planning and Zoning Commission and to have it placed on the next agenda to replace him. City Manager's Report: City Manager C.R. Ballenger reported to the Council that: 1. Steel work completed on the water tower with sandblasting and painting left to be done (new tower) 2. Western Trails water tower - not complete with sandblasting 3. County should be back on CheekSparger Road next week 4. Answered the questions of Councilperson Kelly and Councilperson Duffy Citizens wishing to speak to the Council: 1. Marvin Huffman, 504 Quail Crest - in regard to lot next to his house 2. Linda Alhers, 300 Glade Road - in regard to the beautification proposed committee OLD BUSINESS: 1. 2nd Reading and Public Hearing - Ordinance 0-82-441 - An ordinance approving rate schedules to be charged by Texas Power and Light Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-82-442. Those speaking were as follows: Mike McKinney, Texas Power and Light Manager; T.U. Tutt, 4800 Bedford, Opal Ethridge, 5309 Pleasant Run Road; Richard Hillis~ 6504 Kingston. There being no one else to speak to the Council the Public Hearing was closed. NEW BUSINESS: 1. Consideration of Resolution R-82- 259 Suspending Fuel Cost Factor Tariff by Texas Power and Light and Texas Electric Service Company and/or Ordinance 0-82-450 revising the fuel adjustment clauses of TP&L and TESCO MINUTES CITY COUNCIL JUNE 29, 1982 Page 2 Mayor Hubbard opened the Public Hearing and Councilperson Duffy read Ordinance 0-82-450 in its entirety. There being no one present to speak the Public Hearing was closed. Mike McKinney, Texas Power and Light and D'wayne Freeman, Texas Electric Service Company was present to answer questions of the Council. Councilperson Duffy moved to approve Resolution R-82-259 suspending fuel cost factor tariff. Councilperson Kelly seconded the motion. The vote being: Ayes: Noes: Duffy, Cooney, Kelly, Turner none 1. Discuss water service to out-of-City customers Due to the time, City Manager c.R. Ballenger requested that this item be illeleted and discussed during work session. 2. Discussion and possible action regarding regu1ar and special Council meetings - requested by Councilperson Kelly and Councilperson Duffy 6. Citizen request to speak to the Council - Jim Moore, 1416 Glade Road Councilperson Duffy gave the floor to Jim Moore as both items on the agenda were related. Jim Moore read to the Council and presented to them a letter from 12 former members of the original Charter Commission addressing Section 3.09, paragraph C of the City Charter which has to do with quorum of the Council. He requested that the meetings be called to order and the roll be taken so it will be a matter of record for each 1st and 3rd Tuesday of the month. Councilperson Kelly requested that Mayor Hubbard show casye why he had not been able to attend the last three meetings. Mayor Hubbard stated that he had to work that being the reason he had not been able to attend the meetings. After a lengthy discussion by all the Council members, Councilperson Kelly moved that the City Council affirms that Section 3.09 of the City Charter, that a quorum consists of four (4) voting members and that the acting chairman retains his voting status. Councilperson Duffy seconded the motion. The vote being: Ayes: Duffy, Cooney, Kelly, Turner Noes: none Glenn Schneider,3907 Cooperwood Oourt, spoke to the Council asking for clarification of a point made. Councilperson Cooney moved that the Council appoint a City Charter Review Committee and that they review and clarify the definition of a quorum and the powers of the Mayor Pro Tem to be submitted to the voters as an amendment to the Charter and any other items that might be needed. Councilperson Turner seconded the motion. The vote being: Ayes: Duffy, Cooney, Kelly, Turner Noes: none Councilperson Duffy moved that in the event a regular scheduled meeting is postponed the Council members acting thru the City Manager re-schedule the make-up meeting. Councilperson Kelly seconded the motion. The vote being: Ayes: Duffy, Cooney, Kelly, Turner Noes: none The intention being that all five Councilpersons be present. CITY COUNCIL MINUTES JUNE 29, 1982 Page 3 3. Request to speak to the Council - Joe Barnett City Manager Ballenger explained that Mr. Barnett was not present and the background of his case (two pieces of property on Glade Road have been determined to be in such condition that one is to be removed'a:nd the other to reach the City's standards are torn down). There was no action taken on this matter. 4. Citizen wishes to address the Council regarding street light at Chappelwood and Brentwood - Sherron Boyd, 3412 Brentwood Drive David Boyd, 3412 Brentwood Drive, requested that the Council install a street light on the corner of Chappelwood and Brentwood as they are the only house on the street and it would help the security of their home. City Manager Ballenger explained the policy has beerithat requests for lights come before the Council for approval. The Council requested that the City Manager look into this request and report back to them at the next meeting. 5. Engineer's Report on Drainage Gary Fisher, City Engineer spoke to the Council and reported that he was working on their request to look into the situation on Kingston and would need more time to look at it in detail and could have it at the next meeting. The Council so instructed Mr. Fisher to do so. Those citizens speaking were as follows: Hazel Henry, 6405 Ponderosa; Tony Saracino, 6104 Kingston; Fred Pecora, 6401 Ponderosa; and Bob Barnard, 1719 Durham also spoke concerning drainage problems in Ply~outh Hills. This item is to be placed on the next agenda. 7. 1st Reading and Public Hearing - Ordinance 0-82-440 - Amending zoning ordinance on the request of Marie Mauldin (Z-82-291) for a tract of land in the Walter L. Burns Addition from R-40 to R-20 Mayor Hubbard opened the Public Hearing and Councilperson Cooney read Ordinance 0-82-440 in its entirety. Marie and Doug Mauldin were present to answer any questions the Council might have. City Manager Ballenger explained the stimupations that had been placed on this request by the Planning and Zoning Commission. There being no one to speak the Public Hearing was closed. PAY BILLS: Council person Duffy moved to pay the bills. Councilperson Kelly seconded the motion. The \lote being: Ayes: Duffy, Cooney, Kelly, Turner Noes: none Due to the fact that Councilperson Duffy had to leave on a flight to go to work and the late hour, the remain item of executive session was passed over. Respectfully submi tted, /- ~'" I ' ~ /?/ I ,I . ,'- / //.'~ . <J / j2.~ ../;:J ~ '-~- j ,/.:..-cu..LLft-.. . <,,>(./1-- eZc.~ ,.- ......-,.,--- '-'" ~) \. ./,/ LaVada Johnson C1ty Secretary 1 vj Approved on: / / . 'j ( / Cj:J}) , (/,'/1." June 21, 1982 Members of the City Council City of Colleyville Colleyville, Texas, 76034 Sirs: It has come to the attentioR of those whose signatures appear below, that there is some confusion and perhaps misunderstanding of Section 3.09, paragraph C. of the City Charter. . We, the undersigned, 1n writing the City Charter wero under the impression that we made it abundantly clear and easy to understand. Paragraph C. of Section 3.09 clearly states that "Four (4) memBers of the Council Excluding the Mayor shall constitute a quorum". It also states that all Council persons present must vote on all issues unless there is a declared and recorded conflict of interest. Kowhere in the Charter, nor in any state law, that we are aware of, does it state that when the Mayor Pro Tern is called upon to preside over a Council meeting that he ceases to be a Council Person and becomes the Mayor. That .eing the case, it seems a.undantely clear to us that the Mayor Pro Tem retains his right to propose, discuss and to vote on any issue before the Council. In any case, that was the understanding and intent of the Charter Commission when the Charter was written. . Therefore, we the undersigned, fail to understand why the Council cannot seem to proceed with its ~usiness when the Mayor is absent or when the Mayor and one (1) Council Person is absent. fJm'.~ Mlr.1f2~;;:,:::if:,mm. @~ F-hrmer emDer, Charter Comm. Comm. omm. ~- Comm. J A)).1- s l~ Former MemBer, Charter Comm. _._.____._,.._________'_.."__.._A.~...___....__--"".---~....-.._.~.,