Loading...
HomeMy WebLinkAboutCity Council-Minutes-11/15/1977 CITY COUNC I L MINUTES NOVEMBER 15, 1977 ~~ \;1.-1-77 ,:;z.:~.M' The regular meeting of the Colleyville City Council was called to order by Mayor John A. Andrews on November 15, 1977, at 7:30 p.m. at the Colleyville City Hall annex. Councilperson Welch gave the invocation. Mayor Andrews lead the Pledge of Allegiance to the flag. Roll Call: Welch, Vanover, Foreman, Thompson, and Gillham were present. City Attorney John D. Gilliland, City Manager Thomas L. Forrest, City Secretary LaVada Johnson, Director of Publ ic Works Bill LeGrand were also present. Approval of Minutes for November 1, 1977: Councilperson Welch corrected the word petition to ordinance on page 4. Councilperson Thompson moved that the minutes of the November 1, 1977, be approved as corrected. Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none Correspondence: Mayor Andrews read the letter dated November 15, 1977, from Evan Miether thanking and expressing the appreciation of the Colleyville Pee Wee Football Asst. to City Manager Thomas L. Forrest, Councilperson Virgil Thompson, Director of Public Works Bill LeGrand, and Donnie LeGrand for their help in replacing the roof of the concession stand at the baseball/football field complex. City Manager's Report: 1. Bids for the new Pol ice cars were opened at 10:00 a.m. on November 15, 1977 with the bid from D/FW Chrysler-Plymouth for #wL41 Dodge Monaco 4 door Sedan meeting all the required specifications with the exception of 2-those being the bucket seats which are not available on this model and the "opti-cap" coo ling system. The City Manager recommended that this bid be accepted by the City Council. Councilperson Gillham moved that this item be added to the agenda under New Business as #8 for action by the Council on submitted bid. Councilperson Foreman seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham None: none 2. Bids for the old Fire Hall were opened at the same time as the police cars, with one bid being received. The bid received was the same amount rejected by the Council earl ier this year and the City Manager recommended disapproval of this bid. Councilperson Welch moved to add this item to the agenda under New Business as item #9 for action by the Council on submitted bid. Councilperson Thompson seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none 3. Two items under New Business needed to be removed, those being items #2 and #3 as both parties had called in and requested to be taken off at this time. 4. That the Budget Review was not ready from the computer at this time, and as soon as it ready it will be presented to the Council. OLD BUSINESS: 1. Report - Texas Power and Light purchasing Tri-County Electric Charles Turner, assistant to the manager, Texas Power and Light, reported that -<< "----r- ._u__ CITY COUNC I L MINUTES PAGE 2 NOVEMBER 15, 1977 Tri-County Electric Co-op. had taken the offer to their Board of Directors. The Board is expected to give a reply back to them in December. 2. Publ ic Hearing and 3rd Reading - Ordinance 0-77-267 Bobby Moore - J.L. Byas Survey 15.294 acres Zoning 6113 Colleyville Blvd. Golf-driving range Mayor Andrews read the preamble to Ordinance 0-77-267. AN ORDINANCE COMPLYING WITH ZONING ORDINANCE 0-70-15 OF THE CITY OF COLLEYVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, THIS 15th DAY OF NOVEMBER, 1977. Zoning case Z-77-126 requested by Bobby Moore J.L. Byas Survey 15.294 acres rezone from present classification of AG to CO and amend the zoning map. Rezoning AG to CO for case Z-77-126 The Public Hearing was opened. Everyone present was given an opportunity to speak for or against this zoning change. There being none the public hearing was closed. Councilperson Foreman moved to approve Ordinance 0-77-267. Councilperson Thompson seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none 3. Publ ic Hearing and 3rd Reading - Ordinance 0-77-268 Rezoning R-20 to R-40 for J. Edward Sartain attorney for Lew Riggan Brighten Oaks Lot 13, Block 1 Zoning Case Z-77-127 3000 Sherwood Lane build apartment and barn on back of lot Mayor Andrews read the preamble to Ordinance 0-77-268. AN ORDINANCE COMPLYING WITH ZONING ORDINANCE 0-70-15 OF THE CITY OF COLLEYVILLE, TEXAS, PASSED AND APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, THIS 15TH DAY OF NOVEMBER, 1977. Zoning case Z-77-127 requested by J. Edward Sartain on behalf of Lew Riggan Brighten Oaks lot 13 Block 1 rezone from present classification of R-20 to R-40 and amend the zoning map. The Public Hearing was opened. Mr. Sartain requested that this item be moved to the end of old business to enable his cl ient Mr. Riggan to be present as he was enroute to the meeting. Councilperson Foreman moved business. Councilperson Gillham Ayes: Noes: that this case be moved to the last item under seconded the motion. The vote being: Welch, Vanover, Foreman, Thompson, Gillham none old 4. Publ ic Hearing and 3rd Reading J.C. Evans Hall Medlin Survey Abstract No. 1973 8.8 acres build home and sell acreages - Ordinance 0-77-269 Rezoning AG to R-40 Abstract No. 1037 and H.R. Wall Survey Zoning case Z-77-128 1304 McCain Road CITY COUNCIL MINUTES NOVEMBER 15, 1977 Page 3 Mayor Andrews read the preamble to Ordinance 0-77-269. AN ORDINANCE COMPLYING WITH ZONING ORDINANCE 0-70-15 OF THE CITY OF COLLEYVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, THIS 15th DAY OF NOVEMBER, 1977. Zoning case Z-77-128 requested by J.C. Evans Hall Medlin Survey Abstract 1037 and H.R. Wall Survey Abstract 1973 8.8 acres rezone from present classification of AG to R-40 and amend the zoning map. The Publ ic Hearing was opened. Everyone present was given an opportunity to speak for or against this zoning change. There being none the public hearing was closed. Councilperson Thompson moved to approve Ordinance 0-77-269. Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none 5. Public Hearing and 3rd Reading - Ordinance 0-77-270 Rezoning AG to CN Leonard R. and Margaret Reynolds J.L. Byas Survey Abstract 180 1 acre Zoning case Z-77-130 6121 Colleyville Blvd. to conform to use of the land Mayor Andrews read the preamble to Ordinance 0-77-270. AN ORDINANCE COMPLYING WITH ZONING ORDINANCE 0-70-15 OF THE CITY OF COLLEYVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, THIS 15th DAY OF NOVEMBER, 1977. Zoning case Z-77-130 requested by Leonard R. and Margaret Reynolds J.L. Byas Survey Abstract 180 1 acre rezone from present classification of AG to CN and amend the map. The Publ ic Hearing was opened. Everyone present was given an opportunity to speak for or against this zoning change. There being none the public hearing was closed. Councilperson Vanover moved to adopt Ordinance 0-77-270. Councilperson Foreman seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none 6. Public Hearing and 2nd Reading - Ordinance 0-77-271 Adopt the State of Texas Liquefied Petroleum Gas Docket No. Mayor Andrews read the preamble to Ordinance 0-77-271. AN ORDINANCE ADOPTING THE LIQUIFIED PETROLEUM GAS DOCKET, NO. IN ITS ENTIRETY AND ALL SUBSEQUENT REVISIONS FOR THE CITY OF COLLEYVILLE, TEXAS. The Publ ic Hearing was opened. Everyone present was given an opportunity to speak for or against this ordinance. There being none the publ ic hearing was closed. 7. Appoint the alternate for the Board of Adjustment ~ Councilperson Thompson moved to appoint Judy Miether to the Board of Adjustment. Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham \~\~ *~~~es_: non~ ~~.IcJv.4f fh;J~ -'_h_ ew.. a.- ~~ /- tIti ~ a.4--' ~~. ~ ~.ao . CITY COUNC I L MINUTES NOVEMBER 15, 1977 Page 4 3. same as 1 isted above on page 2 The Publ ic Hearing was reopened. Those speaking for the zoning change being Mr. Sartain and Mr. Lew Riggan. There being no one else whiching to speak as everyone present was given an opportunity to speak for or against the Publ ic Hearing was closed. Councilperson Welch moved to adopt Ordinance 0-77-268 and recommend to the Planning and Zoning Commission to start procedures in re-zoning the North side of the Brighten Oaks Addition. Died for lack of a second. Councilperson Foreman moved that the City not adopt Ordinance 0-77-268, zoning case Z-77-127. Councilperson Vanover seconded the motion. Ayes: Vanover, Foreman, Thompson, Gillham Noes: Welch Councilperson Foreman asked that the P & Z Commission start procedures to study rezoning the applicable area of Brighten Oaks to R-40. There was a 10 minute recess called. NEW BUSINESS: 1. Publ ic Hearing and 1st Reading for Ordinance 0-77-272 Initiative Tax Rate of 80~ per $100 property assessment of 65% Mayor Andrews asked City Attorney John Gilliland to report to the Council his findings on Ordinance 0-77-272 after his office researched said ordinance. City Attorney Gilliland reported after researching the ordinance that it is not the type of ordinance that can be taken before the publ ic for a vote. The case law adopted by the Supremem Court of Texas indicates that ordinances which are subject to initiative and referendum are those which are legislative in character, as distinguished from those of an administrative or executive nature. ~ Therefore, it is the opinion of the City Attorney that under these circumstances, the City Council has not alternative except to reject the petition by taking no further action thereon. Those present speaking were as follows: James Moore, H.L. "Skip" Gibson, Frank Rawls, Dulce Moore, Jean Rester, Virgel Welch, Bud Marshall, Linda Thompson, Glover Young, Opal Ethridge, Sue Pierce. Councilperson Welch moved that the City go ahead with the Council consideration of Ordinance 0-77-272 and have the 3 readings. The motion died from a lack of second. Councilperson Gillham moved to table the initiative Ordinance 0-77-272 for further study. Died for lack of second. There being no further action, it was passed over. 2. removed 3. removed 4. Resolution for Operation Funds Mayor Andrews read Resolution R-88-148 in its entirety. RESOLUTION REGARDING CITY OF COLLEYVILLE'IS INTENT TO BORROW FIFTY THOUSAND DOLLARS ($50,000.00) FOR THE GENERAL OPERATION OF THE CITY; City Manager Forrest recommended the City borrow $50,000.00 until the revenue from tax receipts start to come in, the amount received at this time is approximately $20,000.00 below the amount at this time last year. Mayor Andrews recommended the approval of Resolution R-77-148. After a discussion, Councilperson Thompson moved to approve Resolution R-77-148 to borrow $50,000.00. Councilperson Vanover seconded the motion. The vote being: CITY COUNC I L MINUTES NOVEMBER 15, 1977 page 5 Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 7. Resolution to borrow funds for note renewal There was presented to the Council two resolutions to enable them to decide which way they wanted to handle this item. One being to borrow money from sewer tap funds and the other being to borrow the $60,000.00 needed to defray the note payment. After a lengthy discussion, Councilperson Welch moved that the City Manager draw up an ordinance according to the Charter to borrow this money with terms of the payback to be included. Died from lack of a second. Councilperson Gillham moved to table R-77-149 until the next meeting. Councilperson Vanover seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none 6. Discuss the HUD "Section 811 program Councilperson Welch explained the reason for asking this item to be placed on the agenda. There is a situation in Colleyville that this program could help. A family has a son who is mentally retarded and will require surgery soon. During the recovery time, he must have total quiet. The older daughter, due to circumstances of personal life, had moved back home with two children. She wil I have to move out and needs help in paying her rent. Councilperson Vanover moved that the City take part in "Section 8". Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none There is to be a letter directed to HUD stating Colleyville will take part in this program. 8. Bid for Police Car Mayor Andrews recommended that the City Manager's recommendation be accepted by the Council for the bid for the Dodge cars for $5,651.52 each. Councilperson Gillham moved to accept the bid for the Dodge cars at $5,651.52 each. Councilperson Vanover seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none 9. Bid for old Fire Hall Mayor Andrews recommended that the Council take the City Managerls recommendation and reject the bid of $12,000.00. Councilperson Gillham moved to reject the bid of $12,000.00. Councilperson Vanover seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none PAY BILLS: Councilperson Vanover moved to pay the bills for October, 1977. Councilperson Foreman seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none "_.~-_._.-.. CITY COUNCIL NOVEMBER 15, 1977 MINUTES PAGE 6 The moved to problems motion. payment for Oscar Renda Construction was discussed. Councilperson Foreman pay Oscar Renda only after the final inspection is made and approved. The are to be taken care of by Mr. Renda. Councilperson Vanover seconded the The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none Councilperson Gillham moved to adjourn the meeting as there was no further business to be taken before the Council. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none Rd~2khb27;~ LaVada Johnson City Secretary 1 v j f1cun~JL /~ /1?1 /1x1; ~~3- Approved on ... -- -------r--.--.. . - - --.- .