HomeMy WebLinkAboutCity Council-Minutes-12/2/1980
City Council
Minutes
December 2, 1980
The regular meeting of the City Council of the City of Colleyville was called to order
by Mayor Buck Hubbard on December 2, 1980 at 7:30 p.m..
The invocation was given by Councilpersbn Kelly followed by the Pledge bf J\'l1egiance.
Roll Call: Councilperson Noble, Vanover, Lear, Kelly, Darling were present.
Councilperson Noble had to leave before the meeting was over.
City Manager C.R. Ballenger, City Attorney Ross T. Foster, Director
of Public Works Bill LeGrand, Chief of Police Joe Tozzi, City Engineer
David Washington, were present. Due to the illness of City Secretary
LaVada Johnson, Pat Cox recorded these minutes.
Approval of Minutes for: November 18, 1980
Councilperson Vanover moved that the minutes of November 18, 1980 be approved.
Second by Councilperson Kelly. Councilperson Kelly corrected the November 18,
1980 minutes as follows: page 2, Item #1, Paragraph 3 --"After much discussion
Council person Kelly asked Mr. Baker to furnish us with the written requirements
of Zoning Ordinance 33.2 and 33.3 being exclusive of site plan engineering."
The vote being:
Ayes: Darling, Kelly, Lear, Vanover, Noble
Noes: None
Correspondence: Mayor Hubbard noted that there wasaletter from the Employees
Retirement System of Texas acknovJledginq the benfits being
paid to late Officer Dennis Harrell. Also, the note that
there were letters from Police Chief Tozzi, Fire Chief Bailey,
and Supt. of Grapevine-Colleyville ISD which would be discussed
later.in the meeting. Ccuncilperson Kelly requested that
Mayor Hubbard read a memo from City Attorney Ross Foster concerning
R-MF zoning and dated November 18, 1980.
City Manager's Report: Mr. Ballenger stated that due to the length of the meeting
he would decline.
Old Business:
1. 3rd Reading and Public Hearing - Ordinance 0-80-385 - An Ordinance annexing
property to select boundary between Colleyville and Grapevine
Mayor Hubbard opened the Public Hearing and read the preamble for Ordinance
0-80-385.
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF COLLEYVILLE,
TEXAS, BY ANNEXING THERETO PROPERTY LOCATED ADJACENT TO THE EXISTING
CITY LI~1ITS WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION AND
DESCRIBED BY METES AND BOUNDS HEREIN.
There being no one to speak the Public Hearing was closed. Councilperson Lear
moved to approve Ordinance 0-80-385. Second by Councilperson Vanover. The
vote being:
Ayes: Noble, Vanover, Lear, Kelly, Darling
Noes: None
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City Council
Minutes
December 2, 1980
Page 2
2. 2nd Reading and Public Hearing - Ordinance 0-80-391 - Willard Baker (Z-80-241)
zoning change of a tract of land southeast quadrant of Glade and Highway 26
from AG to R-MF Parcel II A"
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-80-391.
Due to illness Mr. Baker could not attend. Representing Mr. Willard R. Baker
& Co.: Mr. Lynn Gibbon; Bill Graves, Architect; Jan Doane, Builder; and
Mark Tutun. Mayor Hubbard requested that Mr. Gibbon explain the entire project,
which is covered by four ordinances, so that everyone could better understand
the overall plans for the project.
Those speaking were: T.U. Tutt, 4800 Bedford Rd. presented a petition; Glenn
Schneider representing the Colleyville Chamber of Commerce.
Councilperson Lear moved to read the other three ordinances pertaining to the
proposed rezoning and conduct the Public Hearings on Ordinance 0-80-392, Ordinance
0-80-395, and Ordinance 0-80-396 at one time. Second by Councilperson Vanover.
The vote being:
Ayes:
Noes:
Noble, Vanover, Lear, Kelly, Darling
None
3. 2nd Reading and Public Hearing - Ordinance 0-80-392 - Willard Baker (Z-80-241)
zoning change of a tract of land southeast quadrant of Glade Road and Hwy 26 -
from AG to CC Parcel "B"
4. 2nd Reading and Public Hearing - Ordinance 0-80-395 - Willard Baker (Z-80-242)
zoning change of tract of land out of the BBB & CRR Co. Survey, Parcel "A"
of the Northwest quadrant of Glade Road and Hwy 26; from CN to R-MF
5. 2nd Reading and Public Hearing - Ordinance 0-80-396 - Willard Baker (Z-80-242)
zoning change of tract of land out of the BBB & CRR Co. Survey, Parcel "B"
of the Northwest quadrant of Glade Road and Hwy. 26; from CN to CC
Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-80-392,
Ordinance 0-80-395, and Ordinance 0-80-396, being Items 3, 4, and 5 without closing
the Public Hearing on Item 2, Ordinance 0-80-391.
Those speaking were: Dennis Duffy, 128 Timberline North; Jeanne Batts, 304
Timberline North, A.B. Craig, 1104 Ga~y Lynn presented petition; ~1ike Lindsay,
6417 Southpoint, Dallas, Texas, Real Estate Broker; Earl Morse, 124 Timberline
North, Officer of First Security Bank of Colleyville; Billy Dunn, 6114 Pleasant Run;
Richard Max, 700 Field St.; Emily Smouse, 5001 Glade Rd.; Nancy Horton, 405 Oak Crest
Hi 11 s; Vernon Doyl e, 209 Timberl i ne South; Ted Pfrimmer :312 Timberl i ne North;
Mrs. T.U. Tutt, 4800 Bedford Rd. presented petition; Dave Hankin, 5504 Valley
View Dr.; Charles Dishinger, 6009 Hunter; Earl Wyant, 400 Timberline North;
Jerome Davis, 1704 Avalon; Jay Ingram, 1104 Jo Carol; Barbara Redding, 909 Glade;
Marie Mauldin, 4005 Butler; David Hardy, 900 McCain; Doug Mauldin, 4005 Butler;
Aubrey Brothers, 1003 Glade Rd.; Betty Robson, 413 Live Oak; Don Brewster, 5509
Valley View Dr. West; Linda Ahlers, 300 Glade Rd., James Jackson, 4002 Butler;
There being no one else to speak, the Public Hearing was closed.
Councilperson Noble had to leave meeting during the Public Hearing.
Motion by Councilman Darling to instruct City Manager Dick Ballenger to advertise for
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City Council
Minutes
December 2, 1980
Page 3
and hire a consultant to do a five year study on the financial impact of this
project and for the City Manager to find a way to pay for this study by adjusting
the 1981 budget. Second by Council person Kelly. The vote being:
Ayes:
Noes:
Darling, Kelly
Lear, Vanover, Mayor Hubbard
After a discussion, the suggestion was made to have a work session between the City
Council and Willard Baker & Co., Thursday, December 4, 1980 at 7:00 p.m.~
<<
6. 2nd Reading and Public Hearing - Ordinance 0-80-390 - Charles West (Z-80-240)
zoning change of a tract of land out of the A. Lott Survey from AG to ML
Mayor Hubbard declared the Public Hearing open and read the Preamble to Ordinance
0-80-390.
There being no one to speak the Public Hearing was closed.
7. 2nd Reading and Public Hearing - Ordinance 0-80-393 - Mario S. Molina & Assoc., Inc.
(Z-80-238) - zoning change of a tract of land out of the Absalom J. Lott and
Robert Chowning Survey from AG to MF Denied by P & Z
Mayor Hubbard declared the Public Hearing open and read the Preamble to Ordinance
0-80-393. Mr. Mario S. Molino requested to officially withdraw the request for
rezoning.
8. 2nd Reading and Public Hearing - Ordinance 0-80-394 - Mario S. Molina & Assoc., Inc.
(Z-80-237) - Zoning change of a tract of land out of the Absalom J. Lott and Robert
Chowning Survey from AG to ML
Mayor Hubbard declared the Public Hearing open and read the Preamble to Ordinance
0-80-394. Those speaking were Mr. Mario Molina and Robert Waschka.
After some discussion Mayor Hubbard suggested Mr. Molina should meet with\the City
manager' before the next hea ri ng.
NEW BUSINESS: None
PAY BILLS:
Motion by Council person Vanover to pay bills. Second by Councilperson Lear.
The vote being:
Ayes:
Noes:
Darling, Kelly, Lear, Vanover
None
EXECUTIVE SESSION: Article 6252-17 paragraph E
Due to the late hour and meeting on Thursday, December 4, 1980, it was suggested to
omit the executive session.
Motion by Council person Vanover to adjourn. Second by Councilperson Lear. The vote being:
Ayes: Vanover, Lear, Kelly, Darling
Noes: None
~?~;~b~itted' ().
Approved on / ~ - / ~. -t 0
MEMORANDUM
TO:
Colleyville City Council
DATE: November 18, 1980
FROM: Ross T. Foster, City Attorney
SUBJECT: R-MF Zoning - Baker Application
On November 18th the Council will have for first reading a
zoning ordinance dealing with an R-MF zoning. In examining
this ordinance the Council will note that the change in zoning
contains a proviso which purports to require owner/occupancy
of the multi-family units.
This proviso was inserted at the request of the City Manager.
However, since the zoning ordinance itself contains no provision
for such a proviso, its limitation is invalid. In other words,.
if the zoning ordinance is passed, then the owner.of the property
would be able to install anything which is in accordance with
the general R-MF zoning of the city.
I would doubt very seriously under a challenge based on the
equal protection clause of the Constitution, and a general claim
that the regulation does not come within the police power of
the city, that such a proviso could be valid even if the zoning
ordinance provided for same.
R.T.F.
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