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HomeMy WebLinkAboutCity Council-Minutes-12/1/1981 CITY COUNCIL MINUTES DECEMBER 1, 1981 ;J !yyt'Ji I ~ 11-1 I d- -- -4. [;<iJ /) .Ill . ~:1 The regular meeting of the City Council of the City of Colleyville was called to order by Mayor Hubbard on December 1, 1981 at 7:35 p.m. The invocation was given by Council person Duffy afterwhich Mayor Hubbard lead the Pledge of Allegiance. Roll Call: Council person Duffy, Vanover, Lear, Kelly, and Darling were present. City Manager C.R. Ballenger, City Attorney Ross T. Foster, Director of Public Works Bill LeGrand, Chief of Police Joe Tozzi, City Engineer David Washington, and City Secretary LaVada Johnson were present. Approval of Minutes: November 17, 1981 Councilperson Duffy moved that the minutes for November 17,1981 be approved. Councilperson Kelly seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Oarl ing Noes: none Correspondence: There was no correspondence other that than which had items on the agenda to be read during the time they discussed. Council person Kelly requested a point of privilege to ask the City Manager about four items concerning the Warwick project. City Manager's Report: none OLD BUSINESS: 1. 3rd Reading and Public Hearing - Ordinance 0-81-427 - Requested by Sherman Nystel - 1809 John McCain Road - from AG to ML (Light Manufactory) Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-81-427 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A TRACT OF LAND OUT OF THE ABSOLOM J. LOTT SURVEY, A-963, AND COMMONLY KNOWN AS 1809 JOHN McCAIN ROAD, TO THE CITY OF COLLEYVILLE, FORM AG TO ML; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. There being no one to speak the Public Hearing was closed. Council person Vanover moved to approve Ordinance 0-81-427. Councilperson Kelly seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: none 2. Combination Plat Approval and 2nd Reading and Public Hearing - Ordinance 0-81-429 (Z-81-276) - Luther Hillman - Chelsea Park - from AG to R-20 Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-81-429. There being no one to speak the Public Hearing was closed. CITY COUNCI L MINUTES DECEMBER 1, 1981 Page 2 3. 2nd Reading and Public Hearing - Ordinance 0-81-430 - Consideration of ordinance concerning Alcohol Beverages and Private Clubs Mayor Hubbard opened the Public Hearing and read the preamble to Ordinance 0-81-430. Those speaking were as follows: Harvey Collins, (opposed); Glen Baker, 2001 Renfro, (for); Damon Oder, (opposed) 5612 Bransford. There being no one else to speak the Public Hearing was closed. Council person Kelly moved that Ordinance 0-81-430 be revised in the following manner: that Section 10, line 4, be changed: is situated or is located within one thousand (1000) feet of any church, public school or public hospital, . . . Council person Lear seconded the motion: The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: none Council person Kelly moved that Ordinance 0-81-430 that Section 14 be revised to reflect 60% - 40% ratio of food sales to alcohol beverages sales. Council person Lear seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: none Council person Kelly moved that Ordinance 0-81-430 be revised to reflect the serving of alcohol beverage thru out ordinance with wording sale of alcohol beverage. Council person Lear seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kell y, Darl i ng Noes: none Council person Kelly moved that Ordinance 0-81-430 Section 15 be revised so it states all establishments serving alcohol beverages shall supply City reports on a quarterly basis. Council person Lear seconded the motion. The vote being: Ayes: Noes: Duffy, Vanover, Lear, Kelly, Darl ing none NEW BUSI NESS: 1. Consideration of Development Agreement with Payless Cashways Council person Kelly moved to table the Development Agreement with Payless Cashways until Mr. Herner can get back with the City on certain items on the payless project. Council- person Lear seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kell y, Darl i n9 Noes: none 2. Discussion and possible action on various sections of Ordinance 0-80-371 (should have been 0-77-248) requested by Council person Kelly Council person Kelly moved that this Council instruct the City Attorney draw up an Ordinance revising zoning Ordinance 0-7~248, Section 22 and that this revised ordinance ---~"-----'-"'--""--'-'"""""-'~"-T'-"'" '_.'-~'--'-"-'-"'~'~- CITY COUNCI L MINUTES DECEMBER 1, 1981 Page 3 be presented to the Planning and Zoning Commission at the December 14, 1981 meeting for their consideration and then to the City Council on December 15, 1981 for action. Revise Section 22.9, page 71 line 5 to show special use permit required in CC. Council person Duffy seconded the motion (for purpose of discussion only). The vote being: Ayes: Noes: Duffy, Vanover, Lear, Kelly, Darling none Council person Kelly moved that this Council instruct the City Attorney draw up an Ordinance revising zoning Ordinance 0-77-248, Section 22 & that this revised Ordinance be presented to the Planning and Zoning Commission at the December 14, 1981 meeting for their consideration and then to the City Council on December 15, 1981 for action. Revise Section 22.7 A, page 67 line 4 to A with any alcohol beverage (including beer and wine) sale*and B without alcohol beverage sales to remain the same. Council person Lear seconded the motion. The vote being: Ayes: Noes: Duffy, Vanover, Lear, Kelly Darling Council person Kelly moved that this Council instruct the City Attorney draw up an Ordinance revising zoning Ordinance 0-77-248, Section 22 and that this revised Ordinance be presented to the Planning and Zoning Commission on December 14, 1981 meeting for their consideration and then to the City Council on December 15, 1981 for action. Revise Section 22.7 B, page 68 #22 to include sale of any alcohol beverages including beer and wine to require a special use permit under CC. Council person Lear seconded the motion. The vote being: Ayes: Noes: Duffy, Vanover, Lear, Kell y Darl i ng In order to meet the public notice requirements, the Council will need to receive this ordinance at their January 5, 1982 meeting. 3. Request of J.T. Corley, 7310 Donminque, Dallas, to move 2 residences into the City on his property off Tinker Road Mr. Corley was present to answer questions that the Council might have. He was informed in order to have more than one house on his property that all subdivisions ordinances would have to be followed including paving the street in front of the property. After discussion, Council person Kelly moved to allow J.T. Corley, Jr. a permit to move one house into the City on lot here in described property as per all applicable ordinances. Council person Lear seconded the motion. The vote being: Ayes: Noes: Duffy, Vanover, Lear, Kelly, Darling none 4. Discussion of private clubs requested by Council person Kelly Mayor Hubbard read letter from Harvey D. Collins, 5013 Oak Timbers Court, addressed to Councilperson Kelly dated November 27,1981. Councilperson Kelly read letter from Alcohol Beverage Commission dated November 19, 1981 and letter from Mayor Hubbard to Alcohol Beverage Commission., Council person Kelly moved this Council instruct the City Attorney to draw up a protest to Mr. W.S. MacBeith, P.O. Box 13127, Captial Station, Austin, Texas 78711, Director of the Texas Alcohol Beverage Commission, and protest the *to require a Special Use Permit in CC 'T"-..._~ CITY COUNCIL MINUTES DECEMBER 1, 1981 Page 4 granting of a permit to the Copper Lantern which is the private club, not Mr. E.D. O'Neal, based on its proximity to three churches, our only two schools and a number of registered residents in close proximity. Council person Darling seconded the motion. The vote being: Ayes: Kelly, Darling Noes: Duffy, Vanover, Lear Council person Kelly made the suggestion that all Commercial Building Permits come to the Council. Mayor Hubbard ruled the suggestion out of order as it was not on the agenda. Council person Kelly appealed the Mayor's ruling. The vote on the Mayor's ruling was: Ayes: Duffy, Vanover, Lear, Darling Noes: Ke 11 y 5. Combination Plat Approval - City of Colleyville - Z-81-280, J. Byas Survey, Abstract 180, Tract 1B1B - Hall Johnson Road Council person Duffy moved to approve combination plat Z-f1:1-2~O - Maintenance Addition. Council person Vanover and Lear seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: None 6. Combination Plat Approval - Tom Moore - Z-81-277 - 5408 Montclair - Wilton Survey, Abstract 1619, Tract 1J3 Council person Duffy moved to approve comblnattion plat Z-81-277 - ~1oore Addition. Council person Vanover seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darl i ng Noes: none Councilperson Kelly complimented the work on the plat and that this should serve as a model for others coming to the City. 7. Combination Plat Approval - Robert Waddell - Z-81-278 - revision of lot 2, Block 2, Tara Plantation - 1102 Plantation City Manager Ballenger explained that Planning and Zoning had asked for an increased easement to 10 feet instead of 5 feet. Council person Vanover moved to approve the corrected combination plat of Waddell Z-81-278. Council person Lear seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: none 8. 1st Reading and Public Hearing - Ordinance 0-81-431 - An ordinance authorizing and allowing, under the act governing the TML Retirement System, "Updated service credits" in said system for service performed by qualifying members of such system in the employment of the City of Colleyville, and establishing an effective date for such actions ,. .-~h_.T'-. ~ CITY COUNCI L MI NUTES DECEMBER 1, 1981 Page 5 Mayor Hubbard opened the Public Hearing and read Ordinance 0-81-431 in its entirety. There being no one to speak the Public Hearing was closed. 9. 1st Reading and Public Hearing - Ordinance 0-81-432 - An ordinance providing for increased municipal contributions to the currrent service annuite reserve at retirement of the employees of the City of Colleyville, Texas Mayor Hubbard opened the Public Hearing and read Ordinance 0-81-432 in its entirety. There being no one to speak the Public Hearing was closed. PAY BILLS: Council person Vanover moved to approve the bills. Council person Kelly seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: none Council person Vanover moved to adjourn the meeting. Council person Lear seconded the motion. The vote being: Ayes: Duffy, Vanover, Lear, Kelly, Darling Noes: none Rdhes pect~ul\l y. sjubmi tt l.) .1/ A /'; ~/ L-- La Vada Johnson City Secretary 1 vj \;JE~1t1u I3:IPflM- Wl1J~1eit-'J ! Approved on: .'"--------..-"-.-.--.---~-~."....--..,-'-."...'-T--'..~._,....'u.._,.____.....H._,.__ November 27, 1981 Dear Mr. Kelly: .-.'" As a Colleyville citizen, I am very concerned with the recent events which have resulted in the City of COlleyville granting a building permit for a "private club". 1-1y first concern is why the city manager would approve a building permit change of this magnitude without first consulting the City Council's approval. Ne~t, why has the city allowed a zoning code which permits a private club? As a long established dry area, it should be obvious to our city fathers that we do not want an establishment which could easily become a "tavern". In my opinion, the city has done its citizens a great disservice in granting this building permit change. . Since the building permit has been granted,our only recourse now seems to be protesting the granting of a state liquor license. I protest, to the City Council~ the issuance of a "Mixed Beverage ~d Beverage Cartage Permit" to the establishment known as Copper Lantern Restaurant and Club, 5200 cOlieyville Boulevard, COlleyville, Texas. This proposed private club will be located within ~ mile of the school zone on Colleyville Boulevard which is the only access route to the Colleyville Elementary and Middle Schools. There are also five Churches within the vicinity of this club. One, The First Baptist Church of Colleyville is on the same road and less than 1000 feet from this establishment. I feel that due to its location near the intersection of the residential street, Thompson Terrace, and musiness thoroughfare, Highway 26, this club will present a safety hazzard to the children and citizens of this community. Th~s will cause much mental anguish due to the high possibility of both pedestrain and automobile accidents. In view of thE above, I solicit you and the City Council to act in preventing the permi t for this establishment to operate as a private club. Sincerely, ~D.~ Harvey D. Collins " ~ .__. ,.. ..'"..~'~_...,.....__.~_._...,.u~_'_.,...