HomeMy WebLinkAboutCity Council-Minutes-11/16/1976
MINUTES
CITY COUNCIL
CITY OF COLLE YVILLE
NOVEMBER 16, 1976
The regular meeting of the City Council of Colleyville was called to order by
Mayor John Andrews on November 16,1976, at 7:30 p. m., at the Colleyville City
Hall. The invocation was given by Mr. D. B. Scroggins and the pledge of allegiance
was lead by Mayor Andrews.
Roll Call:
Councilmen Vincent, Hanken, Foreman, Thompson and Gillham were
pre sent.
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Also present were CityAttorney 'Wilbur 'T~ M,nape and Acting City
Secretary LaVada Johnson(.
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After confirming that a letter to BCl;iley'Cftoa'te concerning a Non-conforming
Use Permit had been rriaile~, Couri~ilmaq~-;:Thompl?on moved the November 2, 1976,
minutes be approved as presented. D.3i.frdYincen'e,secondep. All present voted for.
David Hanken moved the minutes for the spetial meeting of November 6, 1976,
be approved as presented. Gregg/Foreman sec;onde-d. All present voted for.
Mr. H. L. "Skip" Gibson, Chairman of the Charter Commi~sion presented eaGh
Councilman with a copy of the proposed Charter. Mr. Knape had already been
presented with a copy. The cov~r had been prepared by Mr.S:;ibson and Ms. Johnson
but would appreciate if the Mayor-or Council c9ltlcqcome up with a better one.
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Mr. Gibson read the letter located on'\the'~fecond~,a;ge of the Ch.i;rter addressed to
the Mayor. .A;ndcalled attention to the'first let!;e'r of the Cliart-et offering the service
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of the Charte r",Comwis sione rs to,the'Counc~l.(ohelp pr~ serit th~Charte r to the
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citizens of Col;!~yvnle. ,,' ,.-
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Afte r th<;,Q~i,,~~:>l~;Gip,s.sm,.MCl.yariA~,o1r~Wl;Lr:'adth~lette r, in <t~,,~1t-a.tle r addre ssed
to the I;rti~'ns., ,'ffte.'?fumissioll"was:th<Hlked'fbr t4~:lqpg".hCi~R,~struggle the y had
put in. The.n the, Corri'mission was dHcha!,'ged~hyMayor .A.rtdr'e\vEi'who then stated
that it is nbw up.-to the Council_~o call the:_electio~,.atlQ_~rese~ the Charter to the
citizens~ Mayor Andreyvs on beh~!f' on th~.J=:ouncil exlYressed their deep graditude
for the wor k done.
Councilman Gillham wanted to know the Council's obligation now as a Council.
Mr. Knape replied that it is the obligation as City Council to determine whether or
not it is in all respect legal according to the United States and Texas Constitution
and the laws applicable. The Charter had been reviewed at the request of Charter
Commission and commented on for the legality and the necessary changes have been
made to make all points legal. It is ready for acceptable by the City Council, since
the Charter Commission was elected in a separate election, the City's only obligation
is to call the election. Mr. Gibson answered a question by Councilman Gillham that
if the Council does not call the election, then the only other avenue is to go to the
County Judge and show the minutes to him where the City Council would not call the
election, then he can call the election.
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CITY COUNCIL
CITY OF COLLEYVILLE
Page 2
The Council can only determine if it is legal and then call the election, they can
not modify the charter in anyway. It must be presented to the citizens as the
whole and presented as the Commission present it to the Council.
The next order of business was the second item under aid business. The application
for Wade Cummings and Vic McDonald, Zoning Case Z-76-105, Ordinance 0-76-235
amending the zoning ordinance 0 -70 -15 and amending the zoning map. Windswe pt
Trail; AG to R -40.
This case had been ta'bled dUring aSeptemb'e-r rrlel~tin~. Mr. McDonald is twice
removed from the original plat and;hasireached a p,oint he needs to know whether
or not an easement is going to be reqlli.r~d"l(r if he '~ill pe given the same rights as
Reeve s, Kilgore and be issued build1.ng'p~rmi,ts as a dis-inite re sted party.
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Mr. Ge orge Boring, A ttorneyfor Mr. l\I1<;Donald"s{>okeon his behalf. The re sidents
presently living on Windswept prefe;r.'that there no,t be ast.reet cut from Sagebrush
to Windswept Trail. However, if it is required then'they are not prepared to give
away whatever footage is regut,red. They would like to know the width of the street
and the amount that is going to be required of them. If tw~nty (20) foot is required for
the right-of-way then more would be required from his property than that of his
neighbors to the North. This pr.oblem can be solved with the City Attorney, with a
friendly condemnation. Mr. McDonald has a buyer for one lot and not sure about the
other lot - he may have already lost the bUY~l'for it.
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They would lilte to !:let the zoning or pi:(;>.c~ed as}~ others have~lready be permitted
to do so. TheY"are ,willing to sell theright~,9f.cwayat the qureI1t selling price and
will plat it if 2~?~.Oity req~ire s it. The p,1Foperty was broU'&ht 'for, an inve stment
and they w(1~nt t~"'"~,Q",~()pe tate and do pot want to fight,; Techni<;c:Htyin deed re strictions
is the hang:t:lJJ'~';'l:r~ivic;le(lineertai.n rp;j.tter thaniti.sconsid~;E(d i}su,p-division and
they aJ;",ei'h'~f~iiii"'Q.g<:ro:',fi~"dicate the right-of=w'ayfot '<1str~e <,c"~
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Mr. Boring' stat~d they are willing t,o mee't theC::titY~I1 the't-ourthouse if they are
required to put the street in be'foreheing'?-llowed~'to o.b'tain a building permit. There
was nothing on the plat when purc'l'tased ab'out a street or that the City intended to ask
for a right-of-way. ,"They were not developers and the City could not tell them they
had to put the street in or plat to get a building permit.
Knape explained that there is a difference in dedicating and right-of-way of the
street. And that since they are not willing to dedicate roadway then it is necessary
to buy and handle as a friendly condemnation.
Councilman Foreman stated that all the City wants is a proper subdivision and a
proper street and he had no intentions of giving money for a street. Councilman
Thompson stated that the plat being discussed was an illegal plat, Mr. Cummings
did not follow the proper steps-with the City in filing the plat. He had filed it with
the County, and the County had filed it without the City's approval. Now how can
the City justify spending the taxpayers'money for a road? The City is stuck with
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CITY OF COLLEYVILLE
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with a long road? Who is going to pay for the upkeep?
a few building permits issued and now a bag of worms.
honest mistake but it is not right for citizens to have to
Information given not clear,
Mr. Cumming s made a
kee p up the road.
The plat and deed restrictions are filed at the Court House so they are a record of
court. The attorney was asked about building permits being issued? They can be
issued and then condemn the property for the street. Mayor Andrews stated,
Gentlemen, are we going to extend Sagebrush thru to Windswept? If so, we will have
to do it the hard way or act on it as a zoning case and zone all the lots including
Mr. McDonald IS. If so we have a zoning case before us. Or we can is sue the building
permits for Mr. McDonald, then we still have ~tlie'pro;blem of Mr. Cummings. The
City is faced with a correction problem. If a frien~ly' condemnation - then what is
the price?
Due to the fact that there was a~~gal quef,{tion in,voived - Mayor Andrews called an
executive session to hear what the Att(),rn~y had tU,say about this situation. The
audience was as sured that node cisipns woul-p be maqe. Toe mee ting was adjourned
for a 10 minute executive session in the Mayors' office.
Mayor Andrews re -convened~he meeting.
discussions, heard the legal opinion of the
on this matter.
The Council had long and arduous
Attorney and no'w is ready to take action
David Hanken, "Mr. Mayor, becaus,e of the$ifuatlon where this plat was filed with
the County and not with the City and '~eedshave be~b handeq out.;'po those who have
brought. I w9uld like to mOve at this'tirtle that5a~City acde ptthis Ordinance. I
do not feel att~is, time that the City should ..~~e anything tq do.tiith the street as far
as the connect~vestreet - that if th,~'B!iOP~~;"'~P ther~ ,do not :\)'.atft that street across.
They're going t'o;'~ve to pay the bruntoi"'it because, thert;: could be s()me problems
late r on."f.t.Jt~(t~~a.i9-"str,e~t:.g()ing ~ll; thE!..way.~RWhi~Wlfi""Win;t;l:a~e pt should be
declar~d.if~.~pe u~~.aU'.s~p.c"tory. Apds'ince'''Ye ~p:not'hfYe 'a.plat'Wfth thS City it would
be therespon, sibflity of aU those ,wh'&~liY,e'on tfl'q,t str€tetci<td,;;maintai,p that street. And
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unless we'have;the willness of thos~ prQpetty"o\v~;rsin tl:ia..::r section to comply and
come and get a final plat and to work out;'~he best'c~~ion of the City and all people
involved. This stipulation would"go along with my approval of this Ordinance. "
Mayor Andrews, "we have a motion to approve Ordinance 0-76-235 with the
stipulation that there will be no final plat approved without all the property owners
abutting Windswe pt and total compliance with the City code s and ordinance s as to
the condition of the street. Then the street Windswept will be the responsible of
the property owners abutting the street." Gregg Foreman seconded.
Further discussion. David Vincent wanted to know how future property owners
are to be informed that the street is not acceptable when sold and that it is the
responsibility of property owners?
Knape stated that the ordinance is a matter of record. The Ordinance will have to
be drawn to state the City is not accepting Windswept Trail and that it remains a
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CITY COUNCIL
CITY OF COLLEYVILLE
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private drive. The question of the water lines .could be a legal question although
Mr. Cummings put the water lines in and no other citizens other than those on
Windswe pt use it.
David Vincent called question because everyone should be aware of the problems.
Don Gillham felt that this would be setting precedent and wanted to table the motion.
David Hanken asked about the final plat - without it then there is no road -:, noth4.ng
to approve. Then it is still the property owners responsibility for the road? This
was confirmed to be true. He then withdrew his motion.
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David Hanken moved to approve Ordinance 0 -76-235. Gregg Foreman seconded.
All present voting for, opposed none.
New Business:
1. Mayor Andrews read in ~l'1'tire Resoi'u-tion R"776-l3l
RESOLUTION ORDERING A SPECLALMUNI~IPAL ELECTION TO
BE HELD ON 15, JAN1]ARY, 19'77, FOR.,!BE PURPOSE OF VOTING
ON THE FRAMED CITY CHAR TER BY THE QUALIFIED VOTERS OF
THE CITY OF COLLEYVILLE, TEXAS; PROVIDING FOR NOTICE
OF SAID ELECTION; DESIGNA TING ELECTION PRECINCTS;
APPOINTING ELECTION' OFFICIA,LS; }?EOVIDING FOR U$E OF
PAPER BALLOTS; PROVIUING FOR'ABSENTEE VOTING; AND
DECLARING AN EMERGENCY.' '>
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Upon completign of rea cling the resogution,>~yorAndrew$ reCOmmended
the adoption o{,~esoluti?n R -76 - I3~._~<Gr~p~g Forernar 86 mev-ed'. Virgil Thompson
seconded. Dis~u-s~ion followed. David;'Vincent waptedJ05ha2.~ the Commission
for the longh,~:f~"'ut,in, cOrn_piliO.g t4y,.,~h;n te.:t:.",.:t\j.l',pre sce'nt vote a;:(o_1'.
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Mayor Andrewsstate(tso;btdeted ",-,there. wi~e ar'1~efe"ct'\pnCln'.J<apuary 15, 1977,
to vote for<or against the charter.. > '~.;:;;.
2. Carl Starr - Petro Ch'emical Transport, Inc. - Renewal of Non-Conforming
Use Permit for 4804 Colleyville Blvd.
Mr. Joe Atkinson spoke on behalf of Petro-Chemical Transport, Inc., they
want to continue the permit that they have had for the present two years. Mayor
Andrews ask if everyone was favorite with the case? David Hanken wanted to know if
any complaints or comments had been received on this case. A letter from
Fire Marshall Bill LeGrand, dated July 23, 1976, was read - stating there had been
a report that loaded trucks had been parked on the location overnight. A reply
from J. C. Martin of Petro-Chemical was read. Mr. Atkinson explained that there
was a truck that had a flat tire and was parked there for two hours while the flat
was being fixed, but it was an emergency. Mr. LeGrand stated that was the only
time. Don Gillham moved the City re -.new the permit. Virgil Thompson seconded.
All present voted for. Permit granted for one year with same stipulations as before.
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CITY OF COLLEYVILLE
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3. Public Hearing and First Reading for Lynn Bural - Zoning Case Z -76-107.
Ordinance 0-76-237, amending the zoning ordinance 0-70-15, and amending the
zoning map; located off of Tinker Road; AG to R-15 and AG to R-20.
Mayor Andrews read the Ordinance 0-76-237 in entirety and opened the floor for
discus sion on this case. Mr. D. B. Scroggins as k the num of lots in the R -15 part
and number of lots in R -20 portion of case and if there was to be an opening onto
Highway 121. There are 19 lots to be R-15 and 38 to be R-20 and there is to be
a road to Highway 121. The public hearing was closed.
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4. Public Hearing and First Reading for Mayfair North Joint Venture -
Zoning Case Z -76-11 0, Ordinance 0 -76,,"243"~ amending the zoning ordinance 0 -70 -15,
and amending the zoning map; located oHaf San Bat Lane - Woodbriar Estates West -
Doug Long; AG to R-15. ,P
Mayor Andrews read the Ordi.nance.O!!'76-243, in entirety and opened the floor for
discussion on this case. After as~ing three times' if there was any discussion, the
floor was closed for the 'public hearing.
5.
Z-76-112,
the zoning
Public Hearing and ]first Reading for David Hardy - Zoning Case
Ordinance 0-76-244, 'amending the zoning ordinance 0-70-15, and amending
map; located at Cheek-Sparger ~oad".aQd Bedford Road; AG to R-40.
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Mayor Andrews read the Ordinanc~!.,O -7qi244 in ~.ntire ty andop"ened the floor for
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discus sion on this c~se. Afte r asking:-ehree ti~~'S if the re wasahy discus sion, the
floor was close, for 'the public hearing. '/
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6.public'1-3:earing and Fi,rst ReaCllng for Reed, Pace ,,:pair , Collins,
Zoning Case z.::...,-1b'::~11l, Ordinance 0-76;-245 arnen'dJng the zo~TrfgOi':dinance 0-70-15,
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and alLf,eiiding th~' zoo~9-g'map; loc:atedon. 'McD()nwe~~' Schdol-R()ad;-'AG to CN.
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Mayor Andrews.read the Ordinance !)-76",245 iQ ~nt(rety ana"::'Opened the floor for
the public hearing on this case. There ar~ 22 acresffi~olved.
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Mr. Harold Collins spoke on behalf of this case. He stated that since the Eastern
side was already zoned CN, he feels that these four tracts of land such be also.
Mr. Cecil Camp present the Council with a petition in opposition to the zoning
change. The petition read as follows:
We, the undersigned property owners herewith submit our Petition in
Opposition to the Zoning A pplication No. Z -76 -111, filed by Alvin Reed,
Bob Pace, A rnold Pair and Howard Collins.
Cecil H. Camp
Freddie Burns
R. J. Nordling
J. P Love
E.A. Smith
E. R. Winn
Charlie Lewis
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CITY OF COLLE YVILLE
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Mr. Harold Collins then present the Council with a petition of property who were
not opposed to the zoning change. The pe tition read as follows:
RE: Proposed change of zoning classification from AG Agriculture
to CN Commercial Neighborhood, petition brought by Alvin
Reed, Bob Pace, Arnold Pair, and H. G. Collins.
Property Description: Four tracts of land out of the R. H. McEwing
Survey-lA3A, lA3. lA5, lA7, locat~d on McDonwell School Road3l05.
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We, the undersigned property 9wn~rs feel that the above property
should be zoned CN ,for the beneJit "of the surrounding community.
Howard Collins
Eva Collins
Ronald L. Bowling
Ann Bowling
Charle s C. Skinner
Bobby Waggone r
Peggy Waggoner
N. L. Reeves
Julie Reeves
H. J Hanson, Jr.
D. Phillips
Mrs.K. Hop.ges
/~ Geo..:L. McDaniel
~. '.)(atsy b. McDaniel
~n W. Wolfe
Vickie J; Wolfe
Julie Dearing
R. F. De aring
J. W. Winters
Johnny W. Vandagriff
M.:;~i 'Qe Hnge r
y'etaldr.-,. Jordan
'JoLnny/€ain
Ed~je.cSynder
~r;G.ce Brown
Mr. Cecil. Ca~E~.a.flted to further comriient that he. could h~.y~~,tl::J.e wive s sign
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the pe titi,onJ~1sQ,,put didy.ot feel it nes:e'ssar,y;.';"
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Gord0n Hodges -560 I Mo'ittcLai;r- - rent house urxder,CS'ection 8 program
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Mr. Hodges addressed the Council asking that they give him permission to rent
his property under Section 8 of Federal Housing Authority. Mayor Andrews
explained a little about the program and informed the council that if the City
granted this request that the entire City would be able to take part in this program.
Councilman Hanken moved to table until further information could be obtained,
Councilman Vincent seconded. All present voted for. Mayor Andrews will arrange
to have someone at next Council meeting and informed Mr. Hodges that action would
be taken at the next Council meeting and he would be notified of the action.
8. Rate relief of garbage service
Mr. Curtis McCaffity spoke to the Council asking for a increase in the rate
for garbage service.
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Gregg Foreman moved that the City have single pick-up, once a week with
metal cans, $3.00 per month per resident. Don Gillham seconded.
Gregg Foreman and Don Gillham voted for the motion; Virgil Thompson, David
Hanken, and David Vincent voted no for the motion. Motion failed.
Virgil Thompson moved to acce pt twice wee k se rvice under existing franchise
curb service, $3.50 per month per resident. David Hanken seconded.
Virgil Thompson, David Hanken, and David Vincent voted ye s and Don Gillham
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and Gregg Foreman voted ho. Motion carried.
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The Council still wants to ,have a r,epe;rt.,rr'~m Mr.;Mcqaff~ty. The new rate and
se rvice will be gin January' l, 19 7it'.~ "", "
CORRESPONDANCE:
1. Letter from 9a.ry Gill,;l?~- resighing/l'onr7Board of Adjustment
2. Letter fromiBoc:t;rdoi' Adjustme,nts a:~'hg CitY,Council to appoint
alternates for fheBoard as both had resigned.
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Mayor Andrews as/{. the'G;ouncil1p.an to bring their recommendations to the next
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meeting. '
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The bills we ~e"a.pptov~,tl with the,eJS.e;eptio~f"the ~ollo\yingt:.(;~' Badge r Me te r, Inc.
#6. Barco My,piqirtal ~roqucts anCil, ii3;"O S~elsey and Winte;t.s":{tliere was a mistake
on the billL"-"-{"",,--', \: '.' 'o.",", Ji,
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Mr. qa'viseon S~U~;t-?1e,1etraC:~<;t$k.;th~',~C {~~.~ s,qtrr.eJ;li.fng ab~'~t the tank
overflowing.. ,9iin...;l,s piBpl;7rty;. , ; ~~ \,',',.:;' '~ ~:;< "Y""","""
. "~;.
Payment of bills
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David Hanken ~ove'ath.p.l the m~.~t~g be tt2j9Urne'~i""the re was no further business
Virgil Thompson se<;Qnded the motion. All present voted for. Meeting adjourned.
Respectfully submitted,
od~ak ()~
LaVada Johnson
Acting City Secretary