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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. ',_ ~ 't<- . -;",,- '-.... "'7.- '< Also present were CityAttorney 'Wilbur 'T~ M,nape and Acting City Secretary LaVada Johnson(. ->.. "\.\ >'.:' ....',-' ,": ',; -'<. ;. 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. '\J - :;......::..'.-::-.. -"', ': .c- 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 -",' " ," -.- _'._ '''. .--<,f"'::' ," ,': ,< _.,c.':: of the Charte r",Comwis sione rs to,the'Counc~l.(ohelp pr~ serit th~Charte r to the )<f". _-_",,~ citizens of Col;!~yvnle. ,,' ,.- ~~ ~ "<:...,,' ~ , ,", :, " ,..- .- ,"i-.;----"'"'v/{'t 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. MINUTES 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. ~. -. ,/- 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. .' - ~ .t- ';, .~ 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"~ '-." .- .... .,' ,'. : - . . ...."'". ,,-c. -..-'. ~. . ~. 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 MINUTES CITY COUNCIL CITY OF COLLEYVILLE Page 3 .' 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 ..... -c' .F ~ '-.;: :c _c . -.~ ;.. ::.: -. ____A 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 MINUTES CITY COUNCIL CITY OF COLLEYVILLE Page 4 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. '--," --' ""- -' ~ , - , 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$E OF PAPER BALLOTS; PROVIUING FOR'ABSENTEE VOTING; AND DECLARING AN EMERGENCY.' '> -"<ty~- <fC". . .' ~ Upon completign of rea cling the resogution,>~yorAndrew$ 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'. "'"'.~'tr-;,;;! li;{'- . -'-'L-tit~h.",__ .~, ~....- ,;,..'------- . ~..,-,. :----~"-,~,- _<', .'_.;""<~ "''-<~::'":::''".' '"1:_J,;.~ -:.~~"'-. . ,,--' ".~"" ~' "~-~ - . ~ ....... - " ~.- ,:-;-'- '::-.'"- ..--.- 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. MINUTES CITY COUNCIL CITY OF COLLEYVILLE Page 5 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. ;-"" .-~, ': 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. ",t _'. _...." Mayor Andrews read the Ordinanc~!.,O -7qi244 in ~.ntire ty andop"ened the floor for lool,',;;.' ,f...!> - ' 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. '/ ~~~~~ 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, ~:.,--,...:.::,_.- ."';-"';:, ..--......".....-'..,-:.- -c'-, --":-',.':," ......, .:";.-."-~_.,..:,.,....... -' '>',;' -,', ..,.-:~:._~.:.'::...... "-'~". and alLf,eiiding th~' zoo~9-g'map; loc:atedon. 'McD()nwe~~' Schdol-R()ad;-'AG to CN. ~'",,- ;~. -"t;,.....~ ;.._, , . '" _. - "\"" ,_ c-'" 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. '<-)'-" 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 MINUTES CITY COUNCIL CITY OF COLLE YVILLE Page 6 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. ~ .. ~', .. .. ~." '"1 '", ~ 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 ~i'- - - "':;-"""_".. ',..... .. _ '." .. .." .." .." .. " .. _ .. .." _: the pe titi,onJ~1sQ,,put didy.ot feel it nes:e'ssar,y;.';" ,', .. ...' -, - 7. ~\'.;ti Gord0n Hodges -560 I Mo'ittcLai;r- - rent house urxder,CS'ection 8 program . ....;::- FHA 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. '..-.---..-....-........ MINUTES CITY OF COLLE YVILLE CITY COUNCIL Page 7 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, $3.50 per month per resident. David Hanken seconded. Virgil Thompson, David Hanken, and David Vincent voted ye s and Don Gillham -, ',' .- ,",' ", -"Ii ...,. .- and Gregg Foreman voted ho. Motion carried. , ." ; The Council still wants to ,have a r,epe;rt.,rr'~m Mr.;Mcqaff~ty. The new rate and se rvice will be gin January' l, 19 7it'.~ "", " CORRESPONDANCE: 1. Letter from 9a.ry Gill,;l?~- resighing/l'onr7Board of Adjustment 2. Letter fromiBoc:t;rdoi' Adjustme,nts a:~'hg CitY,Council to appoint alternates for fheBoard as both had resigned. it. " Mayor Andrews as/{. the'G;ouncil1p.an to bring their recommendations to the next ;! meeting. ' ;i,:~'ff!~;c ;-<0'" .: {l:t ../ " ,', " ' .....' <':". ". The bills we ~e"a.pptov~,tl with the,eJS.e;eptio~f"the ~ollo\yingt:.(;~' Badge r Me te r, Inc. #6. Barco My,piqirtal ~roqucts anCil, ii3;"O S~elsey and Winte;t.s":{tliere was a mistake on the billL"-"-{"",,--', \: '.' 'o.",", Ji, J:..,;.;;:;;;.,:;~:.4::~::>r';: ,~". .....', ",>"~ ~:~., , ", ,.'<", Mr. qa'viseon S~U~;t-?1e,1etraC:~<;t$k.;th~',~C {~~.~ s,qtrr.eJ;li.fng ab~'~t the tank overflowing.. ,9iin...;l,s piBpl;7rty;. , ; ~~ \,',',.:;' '~ ~:;< "Y""",""" . "~;. Payment of bills \ -~>'- ..of' 9. j}j:.!f}'t-.' 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