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Home My WebLink AboutCity Council-Minutes-6/4/1996 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JUNE 4, 1996 The regular meeting of the Colleyville City Council was called to order by Mayor Ed Baker on June 4, 1996, at 6:50 p.m. ROLL CALL: Councilpersons Steven Helling, Dennis Monaghan, Jack Martin, Don Butler, and John Grace were present. Mayor Ed Baker, City Manager Bob Stripling, Assistant City Manager Jan Belcher, Administrative Assistant Anne Born, City Engineer Jim Foster, Director of Economic Development Mike Soab, Director of Community Development Doug Henderson, City Attorney Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Government Code Chapter 268, Subchapter D Sec. 551.071 - Legal - Bettinger law suit Sec. 551.071 - Legal - Elder law suit Sec. 551.072 - Property Acquisition - water tower site acquisition Mayor Baker explained that the Executive Session was called in accordance with Government Code Chapter 268, Subchapter D, Section 551.071 - Legal and Section 551- 012 - Property Acquisition. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:52 p.m., and reconvened at 7:40 p.m. The invocation was given by Councilman Don Butler, after which Ross Foster led the Pledge of Allegiance. ~....., -1- CITY COUNCIL MINUTES JUNE 4, 1996 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor presented Xavier Badillo "Buck" with a proclamation for his detective work regarding the Melanie Gable assault case. Mayor presented Mr. Bob Phillips with a proclamation for his assistance in saving Melanie Gable's life during her attack in June, 1995. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-96-1206 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 21, 1996 b. Approval of City/Developer Agreement for Longwood at Ross Downs V c. Approval of combination preliminary plan and final plat, Lots 1 thru 3, Block 2, Powell Estates, 7.0766 acres out of the D. R. Teeter Survey, Abstract 1518, Tracts 6C2 and 6C1, and the S. Cotrail Survey, Abstract 328, Tracts 3M1 and 3G, Robert E. Cline/Carole Heath, Oak Knoll Drive and Cheshire Drive d. APp~oVcll of public hearing date for consideration of allowing portable buildings at Bransford Elementary School e. Approv~1 of public hearing date for consideration of allowing portable buildin~s for Covenant Christian Academy to be located at First Baptist Church, Colleyville Mayor Baker opened the Public Hearing and read Resolution R-96-1206 in Its ehtiraty. Items band c were removed from the Agenda by the applicants. There was no one present wishing to speak concerning this item and Mayor aaker clo$~d the Public Hearing. -2- CITY COUNCIL MINUTES JUNE 4, 1996 Councilman Butler moved to approve Resolution R-96-1206. Councilman Grace seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-96-1025 - Zoning change request from R20 (single family residential) to PUD-ML (planned unit development light manufacturing) with a special use permit for a telecommuni- cations facility, .0367 acres for lease site out of a 4.637 acre tract of land in Abstract 1487 and Abstract 1176, TU Electric/PCS PrimeCo, Bransford Road south of the railroad tracks Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1025. Mr. Kent Flynn, 6 Campus Circle, representing PrimeCo Personal Communications, reviewed the request and asked for the Council's support. Mr. Billy Suchors, 6 Campus Circle, representing PrimeCo Personal Communications, spoke regarding the use of the lease space on the water tower. There being no others wishing to speak concerning this item, Mayor Baker closed the Public Hearing. Discussion ensued regarding the reason for wanting to erect the proposed tower adjacent to existing towers, owner of the railroad, height of the proposed tower, and lease space on the existing towers. Councilman Butler moved to deny Ordinance 0-96-1025. Councilman Grace seconded the motion. -3- CITY COUNCIL MINUTES JUNE 4, 1996 Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-96-1026 - Zoning change request from CC-2 (shopping center district) to CC-2 with a Special Use Permit for a Restaurant and Hotel District overlay to allow alcoholic beverage sales for on-premise consumption, providing that the sale of alcoholic beverages shall not exceed 40% of total sales and adheres to all other provisions for alcohol sales stated in the City Code, 16.760 acre tract out of Abstract 352, including Lots 3, Block 2, Lots 2 and 3, Block 1, Heritage High School Addition and Tracts 6B3A and 6B3A2, 6B3A1, 6B3, and a portion of 6A4, WCJ Glade 94, L TD, Highway 121 and Glade Road Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1026. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Grace moved to approve Ordinance 0-96-1026. Councilman Helling seconded the motion. Ayes: Council persons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-96-1027 - Zoning change request from CN (neighborhood commercial) to CC-1 (village retail) on 37,255 s.f., Tract 1, Block 5-R, Woodbriar Estates West and a SUP (special use permit) on a 3,027 s.f. portion of the building to allow alcoholic beverage sales for on-premise consumption, Harvey Lavan Cliburn/Jim Walker for Cafe Portobello, Greenbriar Drive and Colleyville Boulevard Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1027. /- -4- CITY COUNCIL MINUTES JUNE 4, 1996 Mr. Jim Walker, 3901 Airport Freeway, representing Cafe Portobello, was present to answer questions regarding the proposal. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-96-1028 - Zoning change request from AG (agricultural) to PUD-R (planned unit development residential) on 6.684 acres out of the D. R. Teeter Survey, Abstract 1518, Tract 4A, C-First Partners/Craig Spaulding, SunBridge Assisted Living, northeast corner of Cheek Sparger and Jackson Road The applicant requested this item be removed from the Agenda. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-96-1029 - Calling a sales tax election for August 10, 1996 Mayor Baker opened the Public Hearing and read the caption of Ordinance 0-96-1029. Mr. Jim Moore, 1416 Glade Road, spoke regarding the use of the monies that will be collected. There were no others wishing to speak concerning this item and Mayor Baker closed the Public Hearing. 9. READING AND PUBLIC HEARING - Resolution R-96-1208 - Supporting Metroport 114 Partnership Mayor Baker opened the Public Hearing and read Resolution R-96-1208 in its entirety. There was no one present wishing to speak concerning this item and Mayor Baker closed the Public Hearing. Councilman Helling moved to approve Resolution R-96-1208. Councilman Monaghan seconded the motion. -5- CITY COUNCIL MINUTES JUNE 4, 1996 Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. TABLED ITEMS: 10. CONSIDERATION OF ORDINANCE 0-96-1023 - Zoning change request for 7.4396 acres out of the Absalom J. Lot Survey, Abstract 963, Tract 1C from the AG (Agricultural) District to the R-20 (Single Family Residential, Minimum Lot Size 20,000 s.f.) District There was no one present wishing to speak concerning this item and City Manager Bob Stripling asked that the item remain tabled. 11. CONSIDERATION OF RESOLUTION R-96-1198 - Combination Plat, Lots 1 and 2, Block 1, McElhaney Addition, 7.4396 acres, A963, TR 1C and waiver of Perimeter Street improvement fees requested by Diane Maurer, et ai, north side of Tinker Road There was no one present wishing to speak concerning this item and City Manager Bob Stripling requested that the item remain tabled. ACTION ITEMS: 12. DISCUSSION AND CONSIDERATION OF GRANTING A VARIANCE TO B & W CABINETS FOR EXTERIOR MASONRY REQUIREMENTS Councilman Helling moved to suspend the rules to allow the citizens to speak. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. -6- CITY COUNCIL MINUTES JUNE 4, 1996 Mr. Wayne Deaton, 114 Quail Run, spoke regarding a request for a variance for exterior masonry requirements and advised that he is willing to put an overhead sprinkler system in the building. Discussion ensued regarding the cause of the fire, insurance, other building sites, building height, financing, the proposed masonry front, future plans, an overhead sprinkler system, provisions for water, and required stipulations to bring the building up to the City's code. Mr. Mike Deaton, 116 Corral, Keller, spoke regarding rebuilding, moving to a new location, and height of the building. Mr. Deaton requested the Council's support of the requested variance. Ms. Betty Deaton, 114 Quail Run, spoke regarding the rebuilding of the business to the City's code. Ms. Glenda Terry, 225 Wayside Court, spoke regarding the masonry requirements. Mr. George Barnes, 11609 White Leaf Court West, Mr. Bob Williams, 7220 Star Hollow Road, Mr. Scott Turnage, 6213 Skylark Circle, Mr. Robert Martinson, 1403 W. South lake Boulevard, Mr. Jerry Don Smith, 745 Highland Park Drive, Hurst, spoke requesting the Council's support of the rebuilding of B & W Cabinets, granting the proposed waiver. Discussion ensued regarding the Council working under the City's ordinances, the installation of a sprinkler system in all buildings, and safety obligations. Councilman Butler moved to allow B & W to rebuild with fire protection per City code with a sprinkler system not only the rebuilt building but all buildings where production takes place including fire walls and fire extinguishers the masonry requirements with the exception of the masonry front. Councilman Martin seconded the motion. Discussion ensued regarding whether or not the buildings are connected. Mr. Wayne Deaton, 114 Quail Run, questioned which buildings are being required to have sprinklers, and when the water will be provided. ~ -7- CITY COUNCIL MINUTES JUNE 4, 1996 Councilman Monaghan moved to amend the motion, requiring that the entire property be brought into code within five years. Councilman Helling seconded the motion. Discussion ensued regarding the portions of the property requiring code conformance within five years. Ayes: Councilpersons Helling and Monaghan Nays: Councilpersons Martin, Butler, and Grace Mayor Baker declared the amendment to the motion failed. The vote on the original motion was as follows: Ayes: Councilpersons, Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. 13. DISCUSSION AND CONSIDERATION OF WAIVING PERIMETER STREET FEES FOR FIRST BAPTIST CHURCH Councilman Helling moved to suspend the rules to allow the citizens to speak. Councilman Monaghan seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. Mr. Darrell Lake, 1308 Houston Court, South lake, spoke regarding the building project of First Baptist Church, and the waiving of the perimeter street fees until the roadway adjacent to the church property is constructed. ~ -8- CITY COUNCIL MINUTES JUNE 4, 1996 Mr. Terry Washburn, 3407 Langley Hill, Pastor of First Baptist Church, spoke regarding the postponement of perimeter street fees until the roadway adjacent to the church property is constructed. City Manager Bob Stripling reviewed the proposed property location and the options of the Council regarding platting. Discussion ensued regarding other churches that have had this situation and building a new structure on the previously platted property. Mr. Washburn asked how the fees were calculated for the other churches. He explained that this is an expansion only, not a new building. Mr. Lake suggested that they proceed with platting and bring this issue back to Council at the same time. 14. DISCUSSION AND CONSIDERATION OF APPOINTMENT TO THE PLANNING AND ZONING COMMISSION Councilman Grace nominated Tom Hart to Place 7 of the Planning and Zoning Commission. There were no other nominations made. Tom Hart - Councilpersons Helling, Monaghan, Martin, Butler, and Grace Mayor Baker declared Tom Hart appointed to Place 7 of the Planning and Zoning Commission. REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES - 5/13/96 ENVIRONMENTAL BOARD MINUTES - 5/20/96 There was no action taken on this item. -9- CITY COUNCIL MINUTES JUNE 4, 1996 CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Bill Groom, 2600 Hall Johnson Road, representing Highland Meadows Christian Church, spoke regarding the possibility of moving portable buildings to the Church location at Hall Johnson Road. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 4,1996 - Reading and Public Hearing - Resolution R-96-1207 Mayor Baker opened the Public Hearing and read Resolution R-96-1207 in its entirety. Councilman Helling moved to approve Resolution R-96-1207, approving the rebuilding of B & W Cabinet's building destroyed by fire, provided that a masonry front is placed on the building and that all buildings on the B & W property be protected with an overhead sprinkler system in accordance with the City's ordinances. Councilman Martin seconded the motion. Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the motion carried. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilman Martin moved to adjourn. Councilman Helling seconded the motion. ~ -10- CITY COUNCIL MINUTES JUNE 4, 1996 Ayes: Councilpersons Helling, Monaghan, Martin, Butler, and Grace Nays: None Mayor Baker declared the meeting adjourned at 10:05 p.m. APPROVED THIS J 8 ~ DAY OF Ju.r1 e..- AYES, 0 NAYS, AND 0 ABSTENTIONS. , 1996, BY A VOTE OF ~ Minutes taken ap= J n Harris, TRMC, CMC City Secretary -11-