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HomeMy WebLinkAboutCity Council-Minutes-10/3/1978 C ITV COUNC I L MINUTES OCTOBER 3, 1978 fJ~ /[J-!..3;- If /j:35a.~, ~. The regular City Council was called to order by Mayor ProTem Dale R. Hodgson on October 3, 1978, at 7:30 p.m. The invocation was given by Councilperson Howard Call ins afterwhich Mayor ProTem Hodgson lead the Pledge of Allegiance. Roll Call: Councilperson Welch, Vanover, Lear, Collins, Hodgson were present. Mayor Andrews absent. City Manager Thomas L. Forrest, City Attorney John D. Gill iland, Director of Publ ic Works Bill LeGrand and City Secretary LaVada Johnson were also present. Approval of the September 19, 1978 Minutes: Councilperson ColI ins moved to approve the September 19, 1978, minutes as presented. Councilperson Lear seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none Correspondence: none City Manager's Report: City Manager Tom Forrest relayed to the Council an invitation from Grapevine Homecoming Parade Marshall David Florence for them to ride in the parade on October 6, 1978, at 3:00 p.m. Also, he reported that Congressman Jim Wright had called earl ier in the day to inform the City that Step 1 and Step 2 of the grant had been approved - $30,560- which is approximately 75% of the cost of planning and engineering. City Manager Forrest further reported that the City staff was working on the problems reported by Mr. Walter Bowden at the last Council meeting. There has been alot of information gathered but the report has not been completed. This item will be on the agenda for the next Council meeting. Mr. Walter Bowden asked the Council if he could speak at this meeting. Councilperson Vanover moved to let Mr. Bowden speak at this time. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none Mr. Bowden wanted to say that as far as he knew nothing had been done. He was glad to hear that the problem was being studied. He stills wants his meter checked. Old Business: 1. 2 n d Rea din 9 and Pub I i c H ea r i n g - 0 r din a n ceO - 7 8 - 3 0 1 ( Z - 7 8 - 1 69) - Consider request from Roger Ponce to change property at Ross Downs Road and Hwy 121 from AG to ML Mayor ProTem Hodgson read the preamble to Ordinance 0-78-301 afterwhich the Publ ic Hearing was opened. There being no one to speak the Publ ic Hearing was closed. 1 ' CITY COUNCIL MINUTES OCTOBER 3, 1978 PAGE 2 2. 2nd Reading and Publ ic Hearing - Ordinance 0-78-302 (Z-78-170) - Consider request from Larry Neidholt to change property on McCain Road from AG to R-30 Mayor ProTem Hodgson read the preamble to Ordinance 0-78-302 afterwhich the Publ ic Hearing was opened. There being no one to speak the Public Hearing was closed. The circumstances were given to explain the reason the Ordinance read both R-40 and R-30 and that the publ ic notice in the paper had given both classifications. 3. 3rd Reading and Publ ic Hearing - Ordinance 0-78-298 (Z-78-165) - Consider zoning change request presented by Harold Reed and Jerry Holzmann to rezone approximately 71 acres on Cheek-Sparger from AG to PUD Mayor ProTem Hodgson read the preamble to Ordinance 0-78-298 AN ORDINANCE COMPLYING WITH ZONING ORDINANCE 0-77-248 OF THE CITV OF COLLEYVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BV THE PLANNING AND ZONING COMMISSION AND THE CITV COUNCIL OF THE CITV OF COLLEVVILLE, TEXAS, AND AMENDING THE ZONING MAP. afterwhich the Publ ic Hearing was opened. Jerry Holzmann of Denver, Colorado, presented to the Council three artistic sketches of fences as requested by the Council at the last work session. The fence would be at the back of 44 lots along Cheek-Sparger Road. The following citizens also spoke: George Beam, Nancy Mitchell. The Public Hearing was closed. After a discussion concerning the three drawings (numbered and initiated by Jerry Holzmann), Counci lperson Collins moved to approve Ordinance 0-78-298 (Z-78-165) with the stipulation that fence exhibit B be used along Cheek-Sparger. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 4. 3rd Reading and Public Hearing - Ordinance 0-78-299 (Z-78-166) - Consider zoning change request from Will iam E. Voss for 2.77 acres at Warwick and Cheek-Sparger Road from AG to RE Mayor ProTem Hodgson read the preamble to Ordinance 0-78-299 AN ORDINANCE COMPLVING WITH ZONING ORDINANCE 0-77-248 OF THE CITV OF COLLEYVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BV THE PLANNING AND ZONING COMMISSION AND THE CITV COUNCIL OF THE CITV OF COLLEVVILLE, TEXAS, AND AMENDING THE ZONING MAP. afterwhich the Public Hearing was opened. There being no one to speak the Public Hearing was closed. Councilperson Welch moved to approve Ordinance 0-77-248 (Z-78-166). Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none ...,..,. . CITV COUNCIL MI NUTES OCTOBER 3, 1978 PAGE 3 5. 3rd Reading and Public Hearing - Ordinance 0-78-300 (Z-78-167) - Consider zoning change requst from Kenneth L. Kruslyak and Perry L. Cheatham for 4 acres on McCain Road from AG to R-20 Mayor ProTem Hodgson read the preamble to Ordinance 0-78-300 AN ORDINANCE COMPLVING WITH ZONING ORDINANCE 0-77-248 OF THE CITV OF COLLEVVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BV THE PLANNING AND ZONING COMMISSION AND THE CITV COUNCIL OF THE CITV OF COLLEVVILLE, TEXAS, AND AMENDING THE ZONING ~P. afterwhich the Publ ic Hearing was opened. There being no one to speak the Publ ic Hearing was closed. Councilperson Vanover moved to adopt Ordinance 0-78-300 (Z-78-167). Councilperson ColI ins and Lear seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 6. Commercial Development Commission - Consider appointments to this Commission Councilperson Collins moved to remove from the table the appointment of the Commercial Development Commission. Councilperson Lear seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none Mayor ProTem Hodgson explained Resolution R-78-174 and stated that the names would be considered in the order in which the applications were submitted. Those being as follows: Lynn Bural, Walter J. Milner, George A. Brown, Jerome Davis, and Evan Miether. Councilperson Collins moved to accept these five (5) appl icants to serve on the Community Development Commission. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none Mayor ProTem Hodgson asked that the City Manager contact these men and set a meeting within 30 days. 7. City Hall Planning Committee - Consider appointments to this Committee Councilperson Vanover moved to bring the appointment of the City Hall Planning Committee off the table. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none Mayor ProTem Hodgson read the names that were submitted for this committee in the order they were received. Those being as follows: Lynn Bural, Elva L. Freeman, Jon C. ColI ins, Edward F. Flamik, and Louis C. Johnson. Councilperson Vanover moved to accept these five (5) applications and appoint them to the City Hall Planning Committee. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none CITV COUNCIL MINUTES OCTOBER 3, 1978 PAGE 4 New Business: 1. Resolution R-78-177 - Consider resolution accepting offer to settle dispute between City of Colleyville and Sam R. Culbertson on streets in Chelsea I I I Mayor ProTem Hodgson explained that this Resolution is in regard to the executive session held at the September 19, 1978, Council meeting. Mayor ProTem Hodgson read Resolution R-78-177 A RESOLUTION ACCEPTING THE OFFER TO SETTLE THE DISPUTE CONCERNING STREET CONSTRUCTION IN CHELSEA PARK ADDITION, THIRD FILING. in its entirety. Councilperson Welch moved to adopt Resolution R-78-177 as presented. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 2. Tax Refund - Consider refunding 1977 taxes to those individuals determined outside the City Limits in the 1977 court decision City Manager Forrest explained that there were three (3) individuals to be considered. He explained the circumstances surrounding the property involved. It was his under- standing that the City considered the property in the City of Colleyville from the original annexation of 1957. The re-annexation of a portion of the property was done to el iminate any doubts about the City Limits. The individuals requesting a tax refund and their reasons are as follows: 1) Gordon Odom (present and speaking to the Council) stated he has not paid any City taxes and the Tax Collector for the City has a I ien against his property. As a result, a clear title can not be obtained to build a house on this property. He wants a letter from the City stating he does not owe the back taxes and to remove the lien against his property. Since the property was involved in the lawsuit between the City of Colleyville and the City of Hurst, he does not feel he owes the City taxes. 2) L.R. Woodruff would like to have the taxes paid on January 23, 1978, refunded as property is no longer in the City of Col1eyville as of the decision rendered by the Supreme Court of Texas. 3) A.C. Styles would 1 ike to have the taxes paid on December 12, 1977, refunded as property longer in the City of Colleyville as of decision rendered by the Supreme Court of Texas. Councilperson Welch moved to table this item until the next meeting. Motion died for lack of a second. Councilperson Vanover moved that due to the fact Ordinance 90, dated annexed this property and the area received City services, the City of these taxes or remove any tax liens. Councilperson Lear seconded vote being: February 22, 1957 not refund any the motion. The Ayes: Noes: Vanover, Lear, ColI ins, Hodgson Welch CITY COUNC I L MINUTES OCTOBER 3, 1978 PAGE 5 3. Resolution R-78-176 - Consider resolution explaining extension of sixty-thousand ($60,000) dollar note over fiscal year Mayor ProTem Hodgson read Resolution R-78-176 A RESOLUTION CONCERNING THE EXTENSION OF A SIXTV-THOUSAND ($60,000) DOLLAR BANK NOTE OVER THE FISCAL VEAR AND PROVIDING FOR PAYMENT. in its entirety. Councilperson Vanover moved to adopt Resolution R-78-176 as presented. Councilperson Lear seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 4. 1st Public Hearing - 1979 Community Development Funds - Consider use of Community Development Funds anticipated in fiscal year 1979-80 City Manager Forrest explained that at the Mayor's Council on September 18, 1978, a new regulation to advertize the public hearing ten (10) days before the meeting had been added. The advert isement had a I ready been taken care of sett i ng the Pub Ii c Hearing for the October 11, 1978, meeting and he asked that this item be omitted. The Council agreed. 5. Septic Tank Permit - Consider request from Stanley W. Jordan to use a septic tank for new business at Lot 2 and 3, Block 1 of Andy Felps Addition (Hwy 121 near Acuff Drive) City Manager Forrest recommended approval of the application of Stanley W. Jordan as it would require from $8 to 15,000 to put a sewer I ine to his property at this time. The business planned is an office for an electrical company. Councilperson Vanover moved to give permission to operatre this business on a septic tank. Councilperson ColI ins seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none Mr. D. B. being as 1) 2) 3) Scroggins had three recommendations to present to the Council. Those items f 01 lows: put signs advertizing the location of Colleyville contact the State Highway Department and request the over-hanging trees on Tinker Road and Colleyville Bovlevard (Hwy 121) be trimmed fix the holes along the side of Tinker Road The Lions Club present each Councilperson, the Mayor, and the City Manager with an invitation to a dinner in the Council's honor on Thursday night, October 5,1978. Councilperson Vanover moved to adjourn the meeting. Councilperson Hodgson seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none Res.pec.tfull Y SUbm.. i tt~.ed. ~/ ) ,dtldti~ZJ7v LaVada Johnson City Secretary Approved on: I vj ~~ /~ /f71 '-~"'...1..--'-..._'