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HomeMy WebLinkAboutCity Council-Minutes-9/5/1978 CITV COUNCIL MINUTES SEPTEMBER 5, 1978 fJ~ f'lf- 'If </.'S'tJp WI. ~. The regular City Council meeting was called to order by Mayor John A. Andrews on September 5, 1978 at the City Hall annex. Councilperson Smokey Vanover gave the invocation afterwhich Mayor Andrews lead the Pledge of Allegiance. Roll Call: Councilperson Welch, Vanover, Lear, ColI ins, Hodgson were present. City Attorney John D. Gill iland, City Manager Thomas L. Forrest, Chief of Pol ice Joe Tozzi, Director of Public Works Bill LeGrand, and City Secretary LaVada Johnson were also present. Executive Session: Mayor Andrews stated that there would be no decisions made in the executive session cal led to discuss contracts and arrangements. The meeting was recessed. The meeting was reconvened after the executive session. Mayor Andrews asked the Counc i 1 if there were any recommendat ions and there were none. Approval of the September 5, 1978 Minutes: Councilperson Welch moved the minutes of the September 5, 1978 meeting be approved as presented. Councilperson Hodgson seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none Correspondence: none City Manager1s Report: City Manager Thomas L. Forrest asked that the water restrictions be removed by Mayor Andrews. Mayor Andrews I ifted the water restrictions. Old Business: 1. 3rd Reading and Public Hearing - Ordinance 0-78-295 - Consider Ordinance Approving and Adopting Annual Budget Mayor Andrews read the preamble to Ordinance 0-78-295 AN ORDINANCE OF THE CITV COUNCIL OF THE CITV OF COLLEVVILLE, TEXAS, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE CITV OF COLLEVVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978 THROUGH SEPTEM- BER 30, 1979, A COPV OF SAME BEING ON FILE IN THE OFFICE OF THE CITV SECRETARY, TO BECOME EFFECTIVE OCTOBER 1, 1978. afterwhich he read the suggested amendments from the last Work Session. The Publ ic Hearing was opened with the following citizens speaking: Virgil Thompson, Lynda Thompson, and Frank Rawls. The Publ ic Hearing was closed. -- - - ----Td----_u_----- CITY COUNCIL MINUTES SEPTEMBER 5, 1978 PAGE 2 City Manager Forrest recommended the Council approve and pass this ordinance. Councilperson Welch moved to adopt Budget Ordinance 0-78-295 for 1978-79 and to include attached amendments. Councilperson Lear seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Hodgson ColI ins 2. 3rd Reading and Public Hearing - Ordinance 0-78-296 - Consider Ordinance setting tax rate for fiscal year 1978-79. Mayor Andrews read the preamble and Section One to Ordinance 0-78-296 AN ORDINANCE BV THE CITV COUNCIL OF THE CITV OF COLLEVVILLE, TEXAS, LEVVING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITV OF COLLEYVILLE, TEXAS, FOR THE 1978-79 FISCAL YEAR; ESTABLISH- ING THE AD VALOREM TAX RATE OF $.85 PER ONE HUNDRED DOLLARS PROPERTY ASSESSMENT OF 65%; PROVIDING FOR THE APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTNESS AND FOR GENERAL OPERATING NEEDS TO BECOME EFFECTIVE ON OCTOBER 1, 1978. afterwhich the Publ ic Hearing was opened. There being no one speaking the Publ ic Hearing was closed. City Manager Forrest recommended this ordinance be adopted to reflect the amendments made in the budget. Councilperson Hodgson moved to adopt Ordinance 0-78-296 with the tax levies to reflect the amendments made in Budget Ordinance 0-78-295. Council- person ColI ins seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 3. 3rd Reading and Publ ic Hearing - Ordinance 0-78-297 - Consider Ordinance amending Water and Sewer Pol icy Ordinance 0-76-220 Section 4 - concerning sewer connection fees Mayor Andrews read the preamble to Ordinance 0-78-297 AN ORDINANCE AMENDING ORDINANCE NO. 0-76-229, SECTION 4.B., OF THE WATER AND SEWER POLICV AND PROCEDURE MANUAL OF THE CITV OF COLLEV- VILLE; PROVIDING FOR CHARGES FOR CONNECTIONS TO THE SEWER SVSTEM; AND PROVIDING AN EFFECTIVE DATE. afterwhich he explained basicallywhat theordinance would do - change the sewer fee from cost to a fixed fee. The Publ ic Hearing was opened with the following citizens speaking: Opal Ethridge, H.L. "Skip" Gibson, Joe Borden, Councilperson Lear and Councilperson Welch. Mayor Andrews asked the City Manager for his recommendation. City Manager Tom Forrest explained that, in his opinion, fees based on the cost of construction per foot of front footage would be more equitable. He added that it is important to have a pol icy the Council can support. ..T. C ITV COUNC I L MINUTES SEPTEMBER 5, 1978 PAGE 3 Mayor Andrews then noted that he opposed the flat rate charge because it would be inadequate to cover the cost of install ing sewer lines. Councilperson Lear moved to adopt Ordinance 0-78-297 as presented. Councilperson CoIl ins seconded the motion. The vote being: Ayes: Noes: Lear, ColI ins, Hodgson Welch, Vanover Mayor Andrews pointed out that the Charter of the City of Colleyville and the state law requires he return the Ordinance to the City Council for reconsideration within seven days should he not feel it is in the best interest of the City. New Business: 1. 1st Reading and Public Hearing - Ordinance 0-78-298 - Consider zoning change request presented by Harold Reed and Jerry Holzmann to rezone approximately 71 acres on Cheek-Sparger Road from AG to PUD Mayor Andrews read Ordinance 0-78-298 in its entirety. Engineer Doug Long and Developer Jerry Holzmann explained the plans for this development. The Publ ic Hearing was opened with the following citizens speaking: Opal Ethridge, Joe Borden, Jimmy King, and Mrs. Kinney. Donald and Mary Wilson submitted a note stating they were in favor of the development. The Public Hearing was closed. The Mayor called a short recess. The meeting was reconvened. 2. 1st Reading and Publ ic Hearing - Ordinance 0-78-299 - Consider zoning change request from William E. Voss for 2.77 acres at Warwick and Cheek- Sparger Road from AG to RE Mayor Andrews read Ordinance 0-78-299 wants to build a home for his family. no one to speak the Publ ic Hearing was in its entirety. Mr. Voss explained that he The Public Hearing was opened. There being closed. 3. 1st Reading and Public Hearing - Ordinance 0-78-300 - Consider zoning change request from Kenneth L. Kruslyak and Perry L. Cheatham for 4 acres on McCain Road from AG to R-20 Mayor Andrews read Ordinance 0-78-300 in its entirety. Mr. Cheatham explained plans for the subdivision. The Publ ic Hearing was opened. There being no one to speak the Public Hearing was closed. 4. Special Use Permit - Consider request from Mr. Voss for a Special-Use Permit to begin construction of house on his property while zoning change request is being heard Mr. Voss explained that he would like to have a Special-Use Permit to enable the crews already I ined up to begin working. Mr. Voss stated he understood that if the zoning was disapproved he would have to remove all that had been done. CITV COUNCIL MINUTES SEPTEMBER 5, 1978 PAGE 4 Councilperson Collins moved to issue a Special Use Permit to begin construction in the name of Will iam E. Voss. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 5. Special Use Permit - Consider request from Mr. Virgil Thompson to operate a kennel on his property at 300 McCain Road for the purpose of breeding, raising and trainfng hunting dogs Mr. Thompson came before the Council to request a Special Use Permit for a kennel. He stated his intent to breed, raise, train and sell hunting dogs. After a lengthy discussion about time I imits, it was agreed that the Permit could be removed at any time should the kennel become a nuisance and, therefore, a specific time I imit was not necessary in this particular case. Councilperson Vanover moved to issue Virgil Thompson a Special Use Permit to operate a kennel with a I imit of ten (10) female breeding dogs. Councilperson Lear seconded the motion. Councilperson Welch moved to amend the main motion to add that the; Permit could be removed with just cause. The amending motion died for lack of a second. The vote on the main motion being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 6. Homcom Systems, Inc. Cable T.V. - Consider request for a cable T.V. franchise presented by Don Hass Mr. Hass, Vice-President of Homcom Systems, Inc. hoped to put into operation a cqble T.V. compqny in Colleyville. HomcQm is based in Keller and Jerry RoBbins' is President. Mr. Hass explained the two basic programs Homcom would offer. After a lengthy discussion between the Council and Mr. Hass, it was decided to let the City Attorney look at the franchise. Mayor Andrews requested background and financial information on Homcom and its officers that would prove the corporation had the expertise and funds to carry out their plans. Mr. Hass agreed to provide this information. 7. Commerical Development Commission - Consider Resolution R-78-174 establ ishing commission to encourage commercial development Mayor Andrews read Resolution R-78-174 in its entirety. A RESOLUTION OF THE CITV OF COLLEYVILLE PROVIDING FOR THE CREATION OF A COMMERCIAL DEVELOPMENT COMMITTEE AND PROVIDING FOR THE APPOINT- MENT AND TERMS OF COMMITTEE MEMBERS. City Manager Forrest recommended the approval of this resolution, stating that it was a most important project. Councilperson Vanover moved to adopt Resolution R-78-174. Councilperson ColI ins seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none T CITV COUNCIL MINUTES SEPTEMBER 5, 1978 PAGE 5 8. City Hall Planning Commission - Consider Resolution R-78-175 establ ishing a committee to consider all aspects and alternatives of future City Hall f ac i 1 it i es Mayor Andrews read Resolution R-78-175 in its entirety A RESOLUTION OF THE CITV OF COLLEVVILLE PROVIDING FOR THE CREATION OF A CITV HALL PLANNING COMMITTEE, STATING OBJECTIVES, AND PROVIDING FOR THE APPOINTMENT AND TERMS OF COMMITTEE MEMBERS. City Manager Forrest recommended the adoption of this resolution to help the City get off high-center. Councilperson Vanover moved to adopt Resolution R-78-175. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 9. Util ity Tax - Consider option to el iminate City sales tax from util ity bills Mayor Andrews read letter from Comptroller Bob Bullock dated August 9, 1978 in its entirety as well as the notice of dates for action on the utility tax. City Manager Forrest reported that the total util ity tax received by the City last year was $14,600, based on figures from the Comptroller's office. Noting that only 80 to 90% of this was residential, he reported the loss in revenues to the City would be $11,000 to $13,000. The City Manager recommended the City Council continue the $.01 tax or at least consider it through the publ ic hearings required by the ordinance needed to keep it. Councilperson Welch moved to retain the tax until it has been approved or disapproved by an ordinance. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 10. Oscar Renda - Consider pa4yment for work completed on Bedford Road Mayor Andrews read a letter from City Engineer David Washington dated September 1, 1978. City Manager Forrest reported the job had been completed and that the amount recommended for payment included the 10% retainer. He asked to be authorized to pay up to this amount, with the amount over the bid being rechecked. Councilperson ColI ins moved to pay Oscar Renda in the amount of $21,474.89. Councilperson Vanover seconded the motion. Councilperson Welch moved to amend the main motion so that the amount over the bid would be cleared and justified by the City Manager. Councilperson Lear seconded the motion. The vote being: Vote on amendment Ayes: Welch, Vanover, Lear, Collins, Hodgson Noes: none ...,...__.,u C ITV COUNC I L MI NUTES SEPTEMBER 5, 1978 PAGE 6 Vote on main motion: Ayes: Welch, Vanover, Lear, ColI ins, Hodgson Noes: none Councilperson Vanover moved to adjourn. The vote being: Councilperson Welch seconded the motion. Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none R~~ LaVada Johnson City Secretary lvj Approved on ~,191Iqzf T....