The URL can be used to link to this page

Home My WebLink AboutCity Council-Minutes-12/19/1978 CITV COUNCIL MINUTES DECEMBER 19, 1978 ("~ ~ 1'\ ~1~()~......', 1- II- '1':~~, The regular meeting of the City Council of the City of Colleyville was called to order by Mayor John A. Andrews on December 19, 1978, at 8:00 p.m. The invocation was given by Councilperson Howard Collins afterwhich Mayor Andrews lead the Pledge of Allegiance. Roll Call: Councilperson Welch, Vanover, Lear, Collins, Hodgson were present. City Manager Thomas L. Forrest, City Attorney D. August Boto, Director of Public Works Bill LeGrand, Chief of Police Joe Tozzi, and City Secretary LaVada Johnson were also present. Approval of the Minutes for the December 5, 1978 Meeting: Councilperson Lear moved to approve the December 5, 1978, minutes as presented. Council- person Hodgson and Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none Correspondence: Mayor Andrews read the following correspondence: 1. Tarrant County Historical Commission, Ms. Dee Barker, Chairman-Advisory Committee -dated December 12, 1978 - acknowledgement of the markers that the City purchased for the Historical Commission 2. Gill iland, Cates and Flagg - City Attorney - Patrick F. McManemin - dated December 19,1978 - concerning Tax Refund Issue 3. Gill iland, Cates and Flagg - City Attorney - D. August Boto - dated December 19, 1978 - concerning Non-conforming Use and its continuation or termination 4. Gi II i land, Cates and Flagg - City Attorney - D. August Boto - dated December 19, 1978 - concerning Annexation of land and the zoning classifi- cation thereof City Manager's Report: City Manager Forrest discussed the letters from the City Attorney and explained the background of each. Councilperson Hodgson moved that item 8 of New Business be moved to item 1 of New Business. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none Old Business: 1. 3rd Reading and Public Hearing - Ordinance 0-78-304 - Consider ordinance annexing 35 acres around Precinct Line Road and McDonwell School Road Mayor Andrews read the preamble to Ordinance 0-78-304 "~"~.". C ITV COUNC I L MINUTES DECEMBER 19, 1978 PAGE ? AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TRACTS OF LAND TO THE CITV OF COLLEVVILLE FOR ALL MUNICIPAL PURPOSES, SAID TRACTS OF LAND LYING AND BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITV OF COLLEVVILLE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. and the area being located on the map by the City Manager. The Public~Hep'~.~~~ was opened. Those speaking were as follows: Delbert Campbell, E.W. Deaton, H~Reed. After allowing and giving everyone present an opportunity to speak, the Mayor ask for further comment~, t!1ere was none before the Publ ic Hearing was closed. Councilperson Lear moved to adopt Ordinance 0-78-304 as presented. Councilperson Welch seconded the motion. Councilperson Collins moved to amend the main motion that the portion of this property of south of McDonwell School Road be zoned ML (Light Manufacturing) and that the portion north of the McDonwell School Road will retain the zoning classification previously made. Councilperson Hodgson seconded the motion. The vote being: Vote on Amendment: Ayes: Lear, ColI ins, Hodgson Noes: Welch, Vanover .. Vote of Amended Main Motion: Ayes: Vanover, Lear, Collins, Hodgson Noes: Welch 2. 3rd Reading and Public Hearing - Ordinance 0-78-305 - Consider ordinance annexing 80 acres southeast of Western Trails subdivision Mayor Andrews read the preamble AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TRACTS OF LAND TO THE CITV OF COLLEVVILLE FOR ALL MUNICIPAL PURPOSES, SAID TRACTS OF LAND LYING AND BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF COLLEYVILLE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. afterwhich the area being located on the map by the City Manager. The Public Hearing was opened. Those speaking were as follows: Virgil Thompson. After allowing and giving everyone present an opportunity to speak, the Mayor ask for further comments, there was none before the Public Hearing was closed. Councilperson ColI ins moved to adopt Ordinance 0-78-305 as presented. Councilperson Hodgson seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none * 1-;;l-7f .bt: CITV COUNCIL MINUTES DECEMBER 19, 1978 PAGE 3 3. 3rd Reading and Public Hearing - Ordinance 0-78-306 - Consider ordinance annexing 4.0 acres on west side of Bettinger Road Mayor Andrews read the preamble AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TRACTS OF LAND TO THE CITV OF COLLEVVILLE FOR ALL MUNICIPAL PURPOSES, SAID TRACTS OF LAND LYING AND BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF COLLEYVILLE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. afterwhich the area being located on the map by the City Manager. The Publ ic Hearing was opened. There was no one who spoke. After allowing and giving everyone present an opportunity to speak, the Mayor ask for further comments, there was none before the the Public Hearing was closed. Councilperson Hodgson moved to adopt Ordinance 0-78-306 as presented. Councilperson ColI ins seconded the motion. The vote being: Ayes: Welch, Vanover, Lear, Collins, Hodgson Noes: none 4. 3rd Reading and Public Hearing - Ordinance 0-78-307 - Consider ordinance annexing 3.8 acres on S.H. 121 west of Woodbriar West Subdivision Mayor Andrews requested that the City Manager located the area on the map. There being a question about there being a liquor license issued for a business in said area, Mayor Andrews read letter from Patrick F. McManemin, City Attorney -Gilliland, Cates and Flagg in regard to wet/dry annexation issue. Mayor Andrews read preamble to Ordinance 0-78-307 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TRACTS OF LAND TO THE CITV OF COLLEVVILLE FOR ALL 'MUNICIPAL PURPOSES, SAID TRACTS OF LAND LVING AND BEING ADJACENT AND CONTIGUOUS TO THE PRESENT CORPORATE LIMITS OF THE CITY OF COLLEYVILLE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. afterwhich the Publ ic Hearing was opened. Those speaking were as follows: Gregg Foreman, Barbara Andrews, Mrs. Cantrell, Joe Borden, Mr. Cantrell, Virgil Thompson. After allowing and giving everyone present an opportunity to speak, the Mayor ask for further comments, there was none before the Publ ic Hearing was closed. Mayor Andrews questioned Councilperson Hodgson on whether or not he had a confl ict of interest in regard to this item. Councilperson Hodgson stated that he did not have a confl ict of interest. Mayor Andrews also stated that he could see no reason that Councilperson Hodgson should not vote on this matter. Councilperson Vanover moved to deny Ordinance 0-78-307. Councilperson Welch seconded the motion. -_._.~~--"...._-----.------~--".,.....,.~-_._~,._~...__._._-- C ITV COUNC I L MINUTES DECEMBER 19, 1978 PAGE 4 City Manager Forrest recommended that this item be tabled until the disclaimer is received from the City of Hurst. Councilperson Vanover moved to table Ordinance 0-78-307. Councilperson Welch seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 5. 3rd Reading and Publ ic Hearing - Ordinance 0-78-308 (Z-78-173)-Consider request from Earl McKinney to rezone 1 acre on McCain Road fromAG to R-40 Mayor Andrews read the preamble to Ordinance 0-78-308 AN ORDINANCE COMPLVING WITH ZONING ORDINANCE 0-78-248 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 MAP. afterwhich the Publ ic Hearing was opened. Hearing was closed. There being no one to speak, the Publ ic Councilperson ColI ins moved to adopt Ordinance 0-78-308 as presented. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 6. 3rd Reading and Public Hearing - Ordinance 0-78-309 (S-78-2) - Consider request from Virgil Thompson for a Special Use Permit to operate a dog kennel Mayor Andrews read the preamble to Ordinance 0-78-309 AN ORDINANCE COMPLVING WITH ZONING ORDINANCE 0-77-248 OF THE CITV OF COLLEVVILLE, TEXAS, PASSED, APPROVED, AND ADOPTED BV THE PLAN- NING AND ZONING COMMISSION AND THE CITV COUNCIL OF THE CITV OF COLLEVVILLE, TEXAS, AND AUTHORIZING A SPECIAL USE PERMIT. afterwhich the Public Hearing was opened. There being no one to speak, the Public Hearing was closed. Councilperson Vanover moved to approver Ordinance 0-78-309 as presented. Councilperson Lear and ColI ins seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 7. 2nd Reading and Publ ic Hearing - Ordinance 0-78-310 - Consider changes in Planning and Zoning Ordinance 0-77-248 relating to Special Use Permits and Board of Adjustments. Consider recommendation from Planning and Zoning Commission and Board of Adjustment CITV COUNCIL MINUTES DECEMBER 19, 1978 PAGE 5 Mayor Andrews read the preamble to Ordinance 0-78-310 and restated his belief that the zoning ordinance 0-77-248 is a part of the Master Plan and that this must come from the Planning and Zoning Commission at their initiation. The Publ ic Hearing was opened. Those speaking were as follows: Gary Voung, Chairman of Board of Adjust- ment, Jack Drain, Rowland Ballard, Virgil Thompson. There being no one else to speak the Public Hearing was closed. The meeting was recessed for a ten-minute break. The meeting was reconvened. New Business: 1. Council Procedures - Consider Resolution R-78-182 - presented by Council- person Collins setting up procedures for Councilpersons responding to comments during publ ic hearings. Mayor Andrews read the preamble to Resolution R-78-182 RESOLUTION ESTABLISHING PROCEDURES THAT ALLOW COUNCILPERSON TO SPEAK DURING PUBLIC HEARINGS afterwhich Mayor Andrews requested the City Managers' recommendation. The City Manager had no preference on the approval or denial of this resolution, but did feel that a Public Hearing for hearing others speak. Councilperson Welch moved to accept Resolution R-78-182 as presented. Councilperson ColI ins seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 2. 1st Reading and Public Hearing - Ordinance 0-78-311 (Z-78-176) - Consider request from Borden, Andrews, Jobe, East, and Jatai to rezone property on Oak Knoll Drive from R-40 to AG Mayor Andrews stated that this ordina~~.~~#~d that he could read this ordinance and ~ot said ordinance. ." ""M'.J'..ut~ *' his ~~d that he felt~ make any comments in regard to~ Mayor Andrews read Ordinance 0-78-311 in its entirety. The Publ ic Hearing was opened. Those speaking were as follows: Joe Borden and Virgil Thompson. There being no one to speak the Public Hearing was closed. 3. Payment of Bonded Indebtedness Report and Resolution R-78-181 - Consider information from City Manager on payment of bonded indebtedness and resolution borrowing money to meet January 1, 1979, payment * /-;J. ~ 7</ lu;..' ..~ .---,..' C ITV COUNC I L MINUTES DECEMBER 19, 1978 PAGE 6 Mayor Andrews read Resolution R-78-181 in its entirety. RESOLUTION REGARDING CITV OF COLLEYVILLE1S INTENT TO BORROW $155,000.00 FOR A SHORT-TERM LOAN FOR THE PURPOSE OF PAYING BONDED INDEBTEDNESS. The City Manager1s recommendation was that the Council approve this resolution and he pointed out that the amount needed to be borrowed was much less than had been in the past, the City was slowly reaching the point where money would not have to be borrowed to pay the bond indebtedness. Councilperson Collins moved to approve Resolution R-78-181 as presented. Councilperson Lear seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none 4. Taxes - Consider request for refunding of taxes and report from the City Manager and the City Attorney on legal aspects of returning taxes Mayor Andrews read the letter from Mrs.M.J. Cornstubble dated December 13, 1978, requesting the refund of taxes paid due to result of the Court's decision that their property was not in the City Limits of Colleyville. The City Manager recommended that the City not refund these taxes as the citizens had petitioned into the City of Colleyville, and the City had spend money in the courts defending their rights to petition into Colleyville. Councilperson Hodgson moved to direct the City Manager Thomas L. Forrest to send a letter to Mrs. M.J. Cornstubble stating the legal opinion of the City Attorney and that the City not refund the taxes and the reasons why they are not being refunded. Councilperson Collins seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, Collins, Hodgson Welch 5. Permit to Move House - Consider request by Jerry D. McConnell to move house to corner of Hall-Johnson Road and Roberts Road, Tract 3A-3B, Minter Survey Abstract 1034 The City Manager stated the Builder Inspector had inspected that the building and sees no reason that it can not be moved in. Mr. McConnell was present and answered the Council's questions. Councilperson moved to approve Mr. McConnell permit to move a house into the City Limits of Colleyville. Councilperson Vanover seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, ColI ins, Hodgson none 6. Street Lights - Consider authorizing street light installation and approving contract for two sub-divisions C ITV COUNC I L MINUTES DECEMBER 19, 1978 PAGE 7 Mayor Andrews read two letters from Texas Power and Light Assistant District Engineer Edward L. Smith requesting authority to install street lights for the two developments of Tara Planation and Windview Addition. Councilperson Hodgson moved to authority Texas Power and Light to install street lights and the City pick up the payment for the light when 75% of homes completed and the tax roll and to notify the developers. Councilperson Collins seconded the motion. The vote being: Ayes: Noes: Vanover, Lear, ColI ins, Hodgson Welch 7. Bids on Vehicles - Consider and approve lowest and best bid for police vehicles and pick-up trucks Mayor Andrews read the bids that had been submitted on the police vehicles and the pick-up trucks. City Manager Forrest recommended that bids 1 and 2 from Huffines Motor Company be accepted as they met all requirements. Councilperson Collins moved to accept bids items 1 and 2 from Huffines Motor Company of $12,883.46 for the two police cars and $8,393.95 for the two pick-ups. Council- person Hodgson seconded the motion. The vote being: Ayes: Welch, Vanover, Lear, Collins, Hodgson Noes: none 8. Closing of South Pleasant Run Road - Consider closing street and authorizing City Manager to trade right-of-way for additional right-of-way along Glade Road The City Manager reported that Mr. Burrus has purchased the property known as the triangle and requested that the road from Glade to the highway be closed. Authority was needed by the City Manager to discuss with Mr. Burrus the exchange of right-of-way along Glade Road for closing this street. The Council informed the City Manager to bring back to them what he had worked out. Pay Bill s: Councilperson Collins moved to pay the bills. Councilperson Welch and Hodgson seconded the motion. The vote being: Ayes: Noes: Welch, Vanover, Lear, Collins, Hodgson none City Manager Thomas L. Forrest reported two items to the Council. Those being: 1. Computer-Budget Report 2. Accident report with the City Police vehicle Councilperson Vanover seconded the motion. Vanover, Lear, Collins, Hodgson Councilperson Collins moved to adjourn. The vote being: Ayes: Welch, N.bes : non e ReS:flc~f;ll: SU0~ ~~l) LaVada Johnson City Secretary lvj Approved on ~~ /979 M-~