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HomeMy WebLinkAboutCity Council-Minutes-4/4/1978 CITY OF COLLEYVILLE MINUTES APRIL 4, 1978 !J~ 1-/1-7 f /J' tf'Oa.r'" '1. M-' The April 4, 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 Foreman gave the invocation and Mayor Andrews led the Pledge of Allegiance to the flag. Roll Call: Councilperson Welch, Vanover, Foreman, Thompson, and Gillham were present. City Manager Thomas L. Forrest, Director of Publ ic Works Bill LeGrand, Pol ice Chief Joe Tozzi, City Attorney D. August Boto, and City Secretary LaVada Johnson were also present. Approval of Minutes: March 21, 1978 Councilperson Thompson asked that the minutes be corrected to show that he voted "no" on tab 1 i ng item #2 under New Bus i ness on Page 3. Counc i 1 person Gill ham moved to approve the minutes with this correction. Councilperson Foreman seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none Councilperson Foreman moved the item concerning Wayne Drive Sewer Charges be brought off the table and added as Agenda Item #8 under Old Business. He explained that the old councilmembers should not leave this decision for the new councilmembers. Councilperson Thompson seconded the motion. Councilperson Welch objected to recalling this item stating that the residents on Wayne Drive had been told this issue would be handled at the next meeting and none were present at this meeting. The vote being: Ayes: Noes: Vanover, Foreman, Thompson, Gillham Welch Mrs. Sh i r 1 ey Kirby came before the Counc i I and asked the Counc i 1 to cons i der her request for a Special Permit to use a portable building as an office on Highway 121. Councilperson Gillham moved to add this to the Agenda as item #3 under New Business. Councilperson Foreman seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none Corres pondence: Mayor Andrews read the following correspondence: 1. A letter from Pat Boyd resigning from the Board of Adjustment. 2. A letter from Leonard Lear resigning from the Charter Review Commission. 3. A letter from J.R. Stone informing the Council about Publ ic Hearings require- ments to Spur 452 (Highway 121). 4. A letter from T.M.L. asking the City to participate with other cities in intervening in the Southwestern Bell Rate Case. Mayor Andrews noted that the cost to the City of Colleyville would be $83.83 or 2.5~ per capita according to the 1970 population. City Manager's Report: The City Manager had no report for this meeting. T' City Council Minutes April 4, 1978 Page 2 Old Business: 1. Computer Service - Consider contract with Xerox for computer service City Manager Tom Forrest reported on the process the City had gone through in determining the best data processing system for the various operations. He recommended the Council approve the Xerox system explaining that it would give the City the access and control of having a computer without the programming, maintenance and updating costs. Councilperson Gillham moved the Council approve the contract immediately. Councilperson Foreman seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 2. Southwestern Bell Rate Case - Consider status report and participation with other cities in convening in case before P.U.C. Councilperson Thompson moved that the City participate with other cities in intervening in the Bell Rate Case by contributing $84.00 for legal fees. Councilperson Foreman seconded the motion. Councilperson Gillham asked for a legal opinion on his voting on this matter since he was employed by Southwestern Bell. The City Attorney reported that since this was not a rate case he did not think an abstention was necessary. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 3. 2nd Reading and Publ ic Hearing - Ordinance 0-78-283 (Z-77-135) - Consider Request from Ralph Perry to change zoning from CN to CO for Block 1, Lot 8 of the Thompson Terrace Addition. Mayor Andrews read the preamble of Ordinance 0-78-283 and after giving the location of the property, opened the meeting for a Publ ic Hearing. There being no comments the Hearing was closed. 4. 2nd Reading and Public Hearing - Ordinance 0-78-284 (Z-77-139) - Consider Request from Melvin A. Roberts to change zoning from AG to R-4o on Pleasant Run. Mayor Andrews read the preamble of Ordinance 0-78-284 and opened the meeting for a Public Hearing. There being no comments the Hearing was closed. 5. 2nd Reading and Publ ic Hearing - Ordinance 0-78-285 (Z-78-148) - Consider Consider request from Johnny Matthews to change zoning from AG to CC on Glade RD. Mayor Andrews read the preamble to Ordinance 0-78-285 (Z-78-148) and opened the meeting for the Publ ic Hearing. Mr. Howard ColI ins noted the zoning number case on the agenda was the same as another case and this was corrected. There were several questions concerning the location and zoning type. The Publ ic Hearing was closed when all questions were answered. T I City Council Mi nutes April 4, 1978 Page 3 6. 2nd Reading and Public Hearing - Ordinance 0-78-286 (Z-77-150) - Consider request from Jones, Buckerfield, and Miller to change zoning from AG to PUD for underground houses. Mayor Andrews read the preamble to Ordinance 0-78-286 and opened the meeting for the Public Hearing. Mrs. Dulce Moore asked it only three houses could be built on this property or if lots could be sold. Mayor Andrews said that only four houses could be built. There being no further comments the Hearing was closed. 7. 2nd Reading and Publ ic Hearing - Ordinance 0-78-287 (Z-78-151) - Consider request from John D. Hay (Randall Burns) to change zoning from CN to CO at corner of Highway 121 and Bransford. Mayor Andrews read the preamble to Ordinance 0-78-287 and opened the meeting for Publ ic Hearing. Mr. Dale Hodgens asked about the availability of sewer and Mayor Andrews said these were still being worked out. Mrs. Anna Martin asked about the difference between CN and CO and Mayor Andrews read from Ordinance 0-70-15 the provisions for each. There being no further comments the Hearing was closed. 8. Sewer Connection Policy and Charges - Consider City policy of charging standard rates for sewer line on Wayne Drive. Mayor Andrews asked the City Manager to brief his letter to the Council concerning this matter. The City Manager explained that he felt the intent of the Water and Sewer Pol icy was for every Colleyville citizen to pay for the 1 ine in front of their property and that when appl ied properly, and to everyone, the policy would work. Councilperson Foreman again gave his reasons for moving to have the item called off the table and Mayor Andrews gave some background information. Councilperson Welch explained that this case was different in that it was installed by a Bedford developer at no cost to the City. Councilperson Gillham commented that he would compromise for a $400.00 charge because of poor communication on this project. Councilperson Vanover stated that he approved the $400.00 charge but could not approve anything less. Council- person Thompson said he favored charging the full cost of the line or $400.00 for the first 1001 and $4.25 for each additional. Mayor Andrews explained that the flat rate had ended and that a $400.00 charge would effect the pol icy. Councilperson Welch charged that the City had developed an attitude that they were always right, at all levels, and that it was time to admit that this case was different and change this attitude. Councilperson Gillham moved to approve a connection fee of $400.00 for each resident on Wayne Drive emphasizing that this was an one time only situation based on the circumstances in this case. Councilperson Foreman seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Gillham Thompson Councilperson Thompson asked if this would bind the City in future situations where people are charged for sewer services. The City Attorney answered that it would not. The City Manager was instructed to notify the residents on Wayne Drive of the decision. .T..... City Council Minutes April ~, 1978 Page 4 New Business: 1. Canvass the election - Resolution R-78-161 - Resolution to Canvass the election Resolution R-78-162 - Resolutron to Call Run-Off Electron. Mayor Andrews read Resolution R-78-161 in its entirety. Councilperson Gillham suggested the April 22, 1978, date for the run-off election be changed to April 29, 1978. After some discussion, Councilperson Foreman moved to adopt R-78-161 with the change in the election date to April 29, 1978. Councilperson Gillham seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Gillham Thompson Mayor Andrews read Resolution R-78-162 in its entirety. J.O. Bailey, James B. Moore, Helen Bailey, and Nelda Thompson were selected as election judge and clerks. Council- person Foreman moved the Resolution be adopted as read, calling for the Run-Off Election on April 29, 1978. Councilperson Thompson seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none 2. Shirley Kirby - Consider request from Mrs. Kirby for a Special Permit to use a temporary building on Highway 121 at Thompson Terrace. Mayor Andrews asked the City Manager to explain the City's involvement in this situation. The City Manager reported that Mrs. Kirby had moved a portable building in on the property along Highway 121 and had not gotten the required permits from the City. The Building Inspector had"'redtagged" any further work on the building and Mrs:. Shirley Kirby had said that someone at the City told her a permit wasn't needed':,-, H~d~xp!lai'ned that everyone who answered the phone at the City was aware of the permit policy concerning moving buildings into the City and that he felt there was a misunderstanding on Mrs. Kirby's part. The City was allowing Mrs. Kirby to leave the building on site until she went through the procedures to request the Special Permit. Mrs. Kirby stated that she was aware the City had permits and that someone with the City had given her this information. She explained that the building was for an insurance office. She replied, in answer to Council questions, that she planned to use the building for one year and would make it look presentable. Several citizens and surrounding property owners spoke for and against the portable building. After the lengthy discussion Councilperson Thompson moved to deny Mrs. Kirby a Special Use permit for a portable building. Councilperson Welch seconded the motion. The vote being: ,A.yes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none - TO...... City Council Minutes April 4, 1978 Page 5 3. 1st Reading and Public Hearing - Ordinance 0-77-248 - Consider Planning and Zoning Ordinance as submitted by Planning and Zoning Commission. Councilperson Foreman moved to table the reading of Ordinance 0-77-248 until the next Council meeting to allow the new Council members time to have a Work Session on the new ordinance. Councilperson Gillham seconded the motion. Councilperson Welch asked the Attorney if this would constitute action on the Ordinance and he said it would. Councilperson Thompson said that the Council should begin reading now and get this document in operation as soon as possible. Mayor Andrews read the legal opinion from the Attorney's stating that it was not necessary to return the Ordinance to Planning and Zoning if amendments were needed. The vote being: Ayes: Noes: Vanover, Foreman, Gillham Welch, T:hompson Mayor Andrews asked the City Manager to request the Planning and Zoning members presence at the Council work session on April 12, 1978. There being no further business, Councilperson Foreman moved the meeting adjourn. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Foreman, Thompson, Gillham none ]J~;~ LaVada Johnson City Secretary lvj ()~~ I t IP 7 ? I Approved on "1r'"