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HomeMy WebLinkAboutCity Council-Minutes-3/21/1978 CITY COUNCIL MINUTES MARC H 21, 1 978 The March 21, 1978 meeting of the Colleyville City Council was called to order by Mayor John A. Andrews at 7:30 p.m. at the Colleyville City Hall annex. Councilperson Vanover gave the invocation and Mayor Andrews led the Pledge of All igiance to the flag. Roll Call: Councilperson Welch, Vanover, Foreman, Thompson, and Gillham were present. City Manager Thomas L. Forrest, City Attorney John D. Gill iland, Director of Publ ic Works Bill LeGrand, Pol ice Chief Joe Tozzi, and City Secretary LaVada Johnson were also present. Approval of Minutes: March 7, 1978 Counc i 1 person as presented. Foreman moved to approve the minutes of the previous meeting Councilperson Thompson seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none Cor res pondence: 1. Mayor Andrews read a letter from the Texas Municipal League concerning a meeting in Austin on March 23, 1978 for representatives from cities served by Southwestem Bell interested in i nterveni ng i n Belli s Rate I ncrease Request. Mayor Andrews asked that each Councilmember interested in attending this meeting cont~ct. the City Manager. City Manager's Report 1. The City Manager reported that the City had received a letter from the Trinity River Authority concerning the fact that our sewer rate did not meet EPA regualtions. He noted that these requirements had been postponed at the last TRA meeting but that it seemed, from this letter, that the regulations would be enforced at this time. The regulations would require the City to bill for sewer on a cost or use basis determined by the amount of water used during three winter months. The City Manager reported that a meeting was being held on Wednesday, March 22, 1978 and that he would report back to the Council at the next work session. 2. The City Manager also noted that he had received a request from Mr. D.R. Cravens to be added to the agenda to request he be allowed to use a septic tank at his place of bus i ness. Councilperson Thompson moved to add Mr. Cravens to the agenda and Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: non e 3. Mayor Andrews reported that April 10th, the second Monday in April, a repre- sentative from the Economic Development Administration would be at the Mayor1s Council to discuss available grants. The meeting will be held in the Central Jury Meeting and all Councilperson were requested to attend. Executive Session Mayor Andrews announced that the Council would adjourn to Executive Session to discuss personnel matters, specifically the City Attorney's fees and that no decisions would be made. CITY COUNCIL Minutes March 21, ]978 page 2 OLD BUSINESS; 1. 3rd Reading and Publ ic Hearing - Ordinance 0-77-248 - Consider citizen input and vote on proposed Planning and Zoning Ordinance. Mayor Andrews read the preamble to Ordinance 0-77-248 and opened the meeting for Publ ic Hearing. Mr. Skip Gibson, speaking for the Charter Review Commission, reported .that their recommendation to read the entire document had not been changed by the legal opinion. Councilperson Foreman moved that the Council begin again with the Ordinance and at the next meeting read the Ordinance in Its entirety. Councilperson Gillham seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none Councilperson Thompson stated being served by the Council reading value to the publ ic in the reading. that he felt any court would uphold that he did not feel the intent of the Charter was this entire ordinance and that there would be no He said that he agreed with the legal opinion and adopting the Zoning Manual by reference. 2. 3rd Reading and Publ ic Hearing - Ordinance 0-78-282 - Consider citizen input and vote on ordinance requiring plumbers to have surety bond. Mayor Andrews read the preamble to Ordinance 0-78-282 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS PROVIDING THAT PLUMBERS SUBMIT A SURETY BOND, STATING REQUIREMENTS, AND SETTING AN EFFECTIVE DATE. afterwhich he opened the meeting to a Public Hearing. There being no one to speak the Hearing was closed. Councilperson Vanover moved for the adoption of Ordinance 0-78-282. Councilperson Foreman seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 3. 3rd Reading and Public Hearing - Ordinance 0-78-281 (Z-77-137) - Consider citizen input and vote on request by Jim Beasley to change zoning from R-20 to R-4o on Waller Lane Mayor Andrews read the preamble to Ordinance 0-78-281 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 21st DAY OF MARCH, 1978, AND AMEND THE ZONING MAP. Being 6.12 acres of the AJ Caldwell Survey, Abstract 331 from R-20 to R-40. afterwhich he opened the meeting for a Public Hearing. As no one spoke, the Hearing was closed. Councilperson Foreman moved the zoning change request be approved. Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none -~_. CITY COUNC I L Minutes March 21, 1978 page 3 New Business: 1. Computer Service - Consider contract with Xerox for data processing services City Manager Thomas Forrest asked that this item be postponed until the next Council meeting as he had not had time to review the contract. The Council agreed to this action. 2. Water and Sewer Policy and Procedure - Consider legal opinion and pol icy relative to sewer line connection charges on Wayne Drive. Mr. Allen Werst came before the Council and, speaking for several residents on Wayne Drive, explained their position on paying for the sewer 1 ine. Noting that the 1 ine had been put in by a developer at no cost to the City of Colleyville he reported that the residents felt they should not be charged anything for the line. Mr. Werst added that if the residents were to be charge, it was their understanding of the Water and Sewer Policy that the charge should be $100.00. Mayor Andrews reported that the line had been approved by the City Council and became the City of Colleyville1s 1 ine when it was placed in the ground. City Manager Forrest explained that the residents facts and interpretation were not entirely correct and asked that the Council postpone action on this question until they had time to review the City Attorneyls opinion. He said that the staff felt the residents should pay for the cost of the 1 i ne and at the very best there was a "l oopho 1 e" in the ord i nance that might cut these particular residents cost. Councilperson Welch moved the Council allow the residents on Wayne Drive, to be charged a $100.00 connection fee. Councilperson Vanover seconded the motion, adding that he would I ike to see the Pol icy clarified. Councilperson Foreman commented that he did not feel it was fair to the other citizens of Colleyville for these residents to be charged only $100.00. Councilperson Gillham agreed, saying that the Policy needed correcting and that if he had to vote he would support a $400.00 charge. Council- person Thompson stated that, he felt the intent of the Policy was important and .~ that it was not the intent for these residents to pay less. Councilperson Welch offered to withdraw her motion until the item could be studied further. Mayor Andrews explained that everyone in Colleyville had an opportunity for 2~ years to pay a flat rate for the sewer tie-on charge and had even been offered a discount for part of that time. He explained that the $100.00 charge was only for residents inside a development for which the developer had paid a Municipal Utility Service Charge. Councilperson Welch withdrew her motion and Councilperson withdrew his second. Councilperson Welch moved to table this item until the next Council meeting. Council- person Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, .:R-lullll-'"ulr, Gill ham Noes: ~ TA.NnfJSt9~ 'I-~.7?~" Lines - Consider Resolution R-78-159 Approving prepared by City Engineer and authorizing the letting 3. Tara Plantation Off-Site Plans and Specifications of bids. Mayor Andrews read Resolution R-78-159 in its entirety RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR OFF-SITE WATER LINES TO TARA PLANTATION AND AUTHORIZING THE LETTING OF BIDS and recommended its adoption. Councilperson Gillham asked if there were any problems with the plans. City Manager Forrest said that there were none and recommended their approval. Councilperson Foreman moved for the approval of Resolution R-78-159. Council- City Council Minutes March 21, 1978 Page 4 person Gillham seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 4. Finances - Consider Resolution R-78-160 Authorizing Extension of Time to Pay Back Funds to Sewer Fund Savings Mayor Andrews read Resolution R-78-160 in its entirety A RESOLUTION EXTENDING THE TIME FOR REPAYMENT OF $60,000.00 TO THE SEWER FUND RESERVE. and asked the City Manager for his comments. The City Manager explained that funds were being set aside each month to cover debt service but that, as he had explained earl ier, debt requirements were due before sufficient funds could be collected. He explained that the repayment of the funds should be delayed until September to allow notes with interest to be repaid at this time. Councilperson Welch stated that she was concerned about having to postpone the repayment of these funds. Councilperson Gillham moved that Resolution R-78-160 be adopted with the stipulation that if the funds were needed to expand the sewer system they would be borrowed from the bank and replaced in the Sewer Fund. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 5. 1st Reading and Publ ic Hearing - Ordinance 0-78-283 (Z-77-135) Read and consider citizen input on request from Ralph Perry to change zoning from CN to CO for Block 1, Lot 8 of Thompson Terrace. Mayor Andrews read Ordinance 0-78-283 in its entirety and opened the meeting for Publ ic Hearing. Mr. Frank Whitmire and Mr. Dale Hodgson asked questions concerning the location and use of this property. There being no further comments, the Hearing was closed. Mayor Andrews pointed out that the Planning and Zoning Commission had recommended disapproval of this change and that it would require four-fifths of the Council to reverse this recommendation. 6. 1st Reading and Publ ic Hearing - Ordinance 0-78-284 (Z-77-139) Read and Consider citizen imput on request from Melvin A. Roberts to change zoning from AG to R-40 Mayor Andrews read Ordinance 0-78-284 in its entirety and opened the meeting for a Publ ic Hearing. Mrs. Opal Ethridge asked about the location of this property. There being no further comments, the Hearing was closed. 7. 1st Reading and Public Hearing - Ordinance 0-78-285 (Z-78-148) Read and Consider citizen input on request from Johnny Matthews to change zoning from AG to CC on Glade Road. Mayor Andrews read Ordinance 0-78-285 in its entirety and opened the meeting for a Publ ic Hearing. Mr. Frank Whitmire and Mr. Evan Miether asked questions concerning the location and use of this property. There being no further comments, the Hearing was closed. T " City Counc i I Minutes March 21,1978 Page 5 8. 1st Reading and Public Hearing - Ordinance 0-78-286 (Z-77-150) Read and Consider citizens input on request from Jones, Buckerfield, Miller to change zoning from AG to PUD for underground houses. Mayor Andrews read Ordinance 0-78-287 in its entirety and opened the meeting to a Public Hearing. Mr. Dale Hodgson asked the Council and the owners to consider the part of this property in the Flood Plane for future park purposes. Mr. Whitmire asked about the easements along the creek. There being no further comments, the Hearing was closed. 9. 1st Reading and Public Hearing - Ordinance 0-78-287 (Z-78-151) Read and consider citizen input on request from John D. Hay (Randall Burns) to change zoning from CN to CO at Highway 121 and Bransford. Mayor Andrews read Ordinance 0-78-287 in its entirety and opened the meeting for Public Hearing. Mr. Hodgson and Mrs. Ethridge asked questions concerning the use of this property and what controls the City had over property zoned CO. The City Manager explained that even CO property had to meet requirements that would protect environment. There being no further questions, the Hearing was closed. 10. D.R. Cravens - Consider request to allow septic tank for cleaners Mr. D.R. Cravens came before the Council and requested he be allowed to place his new building, to be used for his dry cleaning business, on septic tank. After several questions about the type of waste to be disposed of and the size of the building, Councilperson Foreman moved the Council approve the use of a septic tank for this property. Councilperson Thompson seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none Budget Review: City Manager Thomas Forrest reported that he had only received the Budget Report at 6:00 p.m. and was not famil iar with the report. He pointed out that the Report seemed to be prepared properly this time and only a few mistakes had been found. Mayor Andrews pointed out that Social Security, some of the Personal Services paid by C.E.T.A. Funds and some of the Utility charges were incorrect. Pay Bills: Councilperson Welch moved to approve the bills as presented upon approval by the City Manager. Councilperson Gillham seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none Councilperson Thompson asked about trees for the park and the City Manager said that he had approved the purchase of $30.00 worth of trees from Property Maintenance funds. There being no further business, Councilperson Foreman moved the meeting be adjourned. Councilperson Thompson seconded the motion. The vote being: Ayes: Welch, Vanover, Foreman, Thompson, Gillham Noes: none Respe~7~~;tted~ a Johnson Secretary L/J_..IJ // Approved on ~ ~;lf?;rJP tttY ~