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HomeMy WebLinkAboutCity Council-Minutes-8/21/2007t 100 Main Street ~!~ City ~ 1 C 0 ~ ~ eye/ ~ ~ ~ e Coll X817) 03X1000 034 ~-~~ ~ Agenda www.colleyville.com ,, ,.. City Council Tuesday, August 21, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION CALL TO ORDER -ROLL CALL 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Street Capital Improvement Work Plan PC-2 Discussion of Kimley-Horn and Associate's Northwest Colleyville Transportation Study PC-3 Presentation of the Monthly Financial Report -July 2007 PC-4 Presentation of the Quarterly Investment Report PC-5 Update regarding FY2008 Agency Requests PC-6 Discussion of the August 21, 2007 City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/al Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager City of Colleyville Page 1 Printed on 8/17/2001 City Council Agenda August 21, 2007 Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2868 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2869 4a Approval of minutes of the regular City Council meeting of August 7, 2007 4b Approval of the minutes of the City Council Worksession of August 2, 2007 4c Approval of an Amendment to Wiginton, Hooker, Jeffry Architects Inc., for the Fire Station Projects 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1627 Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 City of Colleyville Page 2 Printed on 8/17/2007 City Council Agenda August 21, 2007 5b 0-07-1628 Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 5c 0-07-1629 Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1630 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 1 R, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 6b 0-07-1631 Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-027 6c 0-07-1632 Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 6d 0-07-1633 Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2870 Consideration of appointment to the Colleyville Tree Board 7b R-07-2871 Approval of changing the dates of regular City Council meetings in November 2007 7c R-07-2872 Approving an Exchange of Real Property and Authorizing the City Manager to Execute All Associated Documents 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 8/17/2007 City Council Agenda August 21, 2007 9. REPORTS: Parks and Recreation Advisory Board Minutes -June 4, 2007 Library Board Minutes -June 11, 2007 Zoning Board of Adjustments Minutes -July 12, 2007 Planning and Zoning Commission Minutes -July 23, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 21, 2007 -Reading and Public Hearing -Resolution R-07-2873 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 17, 2007, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 8/17/2007 F~~, 100 Main Street ~ City of Colleyville Coll (8 i~) 03X1000 034 City Council Minutes www.colleyville.com r ~„ City Council Tuesday, August 21, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 21, 2007, at 5:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Battalion Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Director Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the Street Capital Improvement Work Plan Public Works Director Steve Chutchian presented an overview of the Street Capital Improvement Work Plan and requested City Council direction regarding the priority of street projects. City Manager Bill Lindley provided information regarding funding sources for the street projects. There was general discussion of street conditions, intersection improvements and funding sources. City Council requested that staff provide a proposed plan for the implementation of the Street Capital Improvement Work Plan including the priority and funding sources. PC-2 Discussion of Kimley-Horn and Associate's Northwest Colleyville Transportation Study Community Development Director Chris Fuller provided information regarding the Kimley-Horn and Associates Northwest Colleyville Transportation Study. Mr. Aaron Nathan of Kimley-Horn and Associates provided an overview of the Northwest Colleyville Transportation Study, a summary of the City of Colleyville Page 1 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 consultant's recommendations related to the concerns expressed by the Remington Park Homeowner's Association and answered questions of the City Council. There was general discussion regarding proposed road improvements, the potential development between Precinct Line Road and Lavaca Trail. City Manager Bill Lindley stated that staff will follow-up with the Remington Park Homeowner's Association regarding the proposed traffic calming devices for the entrance to the Remington Park subdivision. PC-3 Presentation of the Monthly Financial Report -July 2007 Finance Director Terry Leake presented the July 2007 Monthly Financial Report and answered questions of the City Council. PC-4 Presentation of the Quarterly Investment Report Finance Director Terry Leake provided an overview of the Quarterly Investment Report and answered questions of the City Council. PC-5 Update regarding FY 2008 Agency Requests Budget and Administrative Services Manager Stephen Seidel was present to answer questions of the City Council regarding the FY 2008 Agency requests. PC-6 Discussion of the August 21, 2007 City Council regular agenda items There was general discussion regarding Agenda Item 7b relating to the date of the second City Council meeting in November 2007. There being no further business, Mayor Kelly adjourned the Pre Council meeting at 6:40 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 21, 2007, at 6:40 p.m. City of Colleyville Page 2 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Handler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Battalion Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development Director Chris Fuller, Community Development Coordinator Ron Ruthven, Economic Development Manager Scott Welmaker, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/al Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.074, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:41 p.m., and reconvened at 7:36 p.m. City of Colleyville Page 3 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 INVOCATION: Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2868 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin announced she attended a two day seminar for newly elected City officials conducted by the Texas Municipal League and expressed appreciation for the opportunity to become a better Councilperson. Councilmember Taylor stated the Transportation Summit in Irving, Texas, was an informative seminar and expressed appreciation for the opportunity to attend. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2869 4a Approval of minutes of the regular City Council meeting of August 7, 2007 4b Approval of the minutes of the City Council Worksession of August 2, 2007 4c Approval of an Amendment to Wiginton, Hooker, Jeffry Architects Inc., for the Fire Station Projects Mayor Kelly read Resolution R-07-2869 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2869. Councilmember Hart seconded the motion. Councilmember Wollin made a friendly amendment to the August 7, 2007, City Council minutes, page four, as follows: Councilmember City of Colleyville Page 4 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 Wollin announced the Colleyville Public Library sponsored a Chess Club for the second year with 80 participants and hosted the Tarrant County Library Chess Tournament with 36 participants that included the cities of Arlington, Hurst and North Richland Hills. Councilmember Taylor accepted the friendly amendment. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1627 Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Mayor Kelly read the caption of Ordinance 0-07-1627. Mayor Kelly opened the public hearing. Mr. John Fegan, 1303 Bellafonte Lane, applicant and Mr. Konstantine Bakintas of Baird, Hampton & Brown Engineering and Surveying, 920 South Main Street, Grapevine, Texas, representing the applicant, spoke regarding the donation of $10,000 and land for the construction of a City of Colleyville monument sign, the donation of funds for the construction of a sidewalk on Lavaca Trail and the drainage system. Ms. Judy Ruggere, 1013 West Lavaca Trail, spoke regarding conversations with the developer related to drainage concerns from the proposed development onto her property and expressed appreciation to the City Council for their attention to this matter. Mr. Aubra Palmer, 6406 Lorraine Park, spoke in favor of the proposed ordinance. Mr. Doug Terry, 717 Arcady Lane, spoke in favor of the proposed ordinance. Mr. Dennis Johnson, 901 Montreux Avenue, spoke regarding traffic concerns on McDonwell School Road and the impact of the proposed development on traffic. City of Colleyville Page 5 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the underground storm drainage system, the proposed detention system, gated access, green space, traffic calming devices, traffic flow and sidewalk construction to the public school and pedestrian accessibility through the proposed development to the public school Councilmember Taylor moved to approved Ordinance 0-07-1627, with all references in the Ordinance to Exhibit "B" reflect the alternative layout that was proposed tonight, that all references to lots facing Lavaca Trail would be amended to reflect the Exhibit "B" change and the Ordinance will assure pedestrian access to the sidewalks through the proposed development even if it is private. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 -Rich Hendler Mayor Kelly recognized and expressed appreciation to Mr. Dennis Johnson, who provided a vehicle, through a local dealership, for use by the City of Colleyville School Resource Police Officer. 5b 0-07-1628 Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Mayor Kelly read the caption of Ordinance 0-07-1628. Mayor Kelly opened the public hearing. Mr. Bryan Chandler, 750 North Carroll Avenue, Southlake, Texas, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Director Chris Fuller provided an overview of the types of development near the proposed self storage facility. Discussion ensued regarding the potential development of the property City of Colleyville Page 6 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 Mayor Kelly moved to deny Ordinance 0-07-1628. 5c 6. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart Nay: 2 -Jon Ayers, Mike Taylor 0-07-1629 Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-07-1629. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approved Ordinance 0-07-1629. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1630 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 2, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 Mayor Kelly read the caption of Ordinance 0-07-1630. Community Development Director Chris Fuller provided an overview of the request for the zoning change and proposed development, residential density, maximum building height, preliminary drainage analysis and stated the Planning and Zoning Commission recommended approval of the zoning request. Mayor Kelly opened the public hearing. City of Colleyville Page 7 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 Mr. Jimmy Archie, Realty Corporation, 74 Casa Lane, spoke regarding the maximum building height in the Village at Colleyville, building architecture, visibility of project to SH26, redevelopment of Pleasant Run Creek, support of adjacent property owners to the proposed project and residential density. Mr. Steve Isbell, 5112 Oak Timber Court, spoke in favor of the proposed ordinance and regarding the proximity of the proposed development to his home. Mr. Charles Davidson, 22 Rhapsody Bend, The Woodlands, Texas, stated the legal description of the proposed development is incorrect and spoke regarding the condition of the creek near the proposed development and in favor of the proposed development. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding building height, ability to provide fire protection, the construction of a bridge for automobiles and pedestrians, percentage of retail and residential units, average size of residential units, number of parking spaces. City Council requested staff provide the height of the tallest sign in the City. City Attorney Matthew Boyle stated language regarding the construction of a bridge and redevelopment of the creek will be added to the proposed ordinance. Mr. Archie will provide information regarding the number of parking spaces per residential unit. Discussion continued regarding the size of the residential units and the demand for smaller units. 6b 0-07-1631 Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-027 Mayor Kelly read the caption of Ordinance 0-07-1631. Community Development Director Chris Fuller stated the applicant withdrew the current site plan and will present an alternate site plan that has not been reviewed by staff, provided an overview of the proposed request for a zoning change and Special Use Permit (SUP), and stated City of Co!leyvi!!e Page 8 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 the Planning and Zoning Commission recommended approval of the SUP with the conditions stated in the proposed ordinance. Councilmember Taylor disclosed that his attorney is one of the property owners within the 200 foot notice. Mr. Taylor stated this does not affect his vote, he has not discussed the item with his attorney and the attorney has not asked any questions regarding this matter. Councilmember Taylor further stated he does not have grounds for recusal according to the law and will be voting on this item. Mayor Kelly opened the public hearing. Mr. Scott Van Doren, applicant, and Mr. Ralph Nasca, Consultant, representing the applicant, stated the request for a Special Use Permit related to alcohol sales would be retracted if it is an obstacle to approval of the request for a zoning change and spoke regarding the car wash services, building architecture, noise containment, landscaping and lighting. Mr. Sal De Luca, 2404 Wilkes Drive, spoke in opposition to the proposed ordinance and regarding current zoning and the image of Colleyville. Mr. Ron Reed, 6802 India Court, spoke in opposition to the proposed ordinance and regarding traffic flow and volume into and out of the proposed business and surrounding neighborhoods. Mr. G. R. Turner, 6405 Wallace Lane, spoke in opposition to the proposed ordinance and regarding the number of car washes and businesses selling alcohol on SH 26 and traffic concerns. Mr. Michael Muhm, 6607 Connie Lane, President of Ross Downs Homeowner's Association, spoke in opposition to the proposed ordinance and regarding the number of citizens opposed to the car wash, impact of traffic on neighborhoods, long term viability of the project and potential future development of the property. Mr. Charles Davidson, 22 Rhapsody Bend, spoke in favor of the proposed ordinance and regarding the history of the property and traffic volume on SH26. Ms. Dawn Mendiola, 6604 Baker Court, spoke in opposition to the proposed ordinance and regarding traffic congestion. Mr. Dennis McCain, 6509 Meade Drive, spoke in opposition to the proposed ordinance and regarding the impact of alcohol sales on neighborhoods and the future development of the property. City of Colleyville Page 9 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 Ms. Iris Larson, 6508 Bedde Court, spoke in opposition to the proposed ordinance. Mr. John R. Larsen, 6508 Bedde Court, spoke in opposition to the proposed ordinance. Mr. Sam Fryer, 6408 Meade Drive, spoke in opposition to the proposed ordinance, number of car washes on SH26, potential stop light at Tarrant Parkway and SH26 and the environmental impact of the car wash. Ms. Donna Williams, 6601 Kennedy Drive, spoke in opposition to the proposed ordinance. Mr. Robert Hodgson, 6403 Wallace Lane, spoke in opposition to the proposed ordinance. Mr. John Williams, 6601 Kennedy Drive, spoke in opposition to the proposed ordinance. Ms. Donna Ducy, 6511 Colleyville Boulevard, spoke in opposition to the proposed ordinance. Ms. Tally McCormack, 6612 McMakin Court, spoke in opposition to the proposed ordinance and regarding car washes provided by local car dealerships. Ms. Peggy Jenkins, 2010 Kyle Court, spoke in opposition to the proposed ordinance and regarding the future development of SH26. Mr. Brian Edwards, 2401 Twelve Oaks Lane, spoke in opposition to the proposed ordinance and regarding increased traffic volume in Ross Downs and impact of alcohol sales. Ms. Jennifer Gray, 1400 Civic Place, Southlake, Texas, spoke in favor of the proposed ordinance and regarding past and current zoning of the property, the redevelopment of SH26, and the amenities and experience of the proposed car spa. Mr. Steve Gajewsky, 2009 Tarrant Lane, spoke in opposition to the proposed ordinance and regarding traffic volume and flow from the proposed car wash. Mayor Kelly recessed the meeting at 9:56 p.m. and reconvened at 10:04 p.m. Mr. Tracy Doyle, 6607 Kennedy Drive, spoke in opposition to the proposed ordinance and regarding the gateway to Colleyville. City of Colleyville Page 10 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 Ms. Karen Actkinson, 2500 Twelve Oaks Lane, spoke in opposition to the proposed ordinance and regarding traffic volume on SH26 generated by the proposed car wash. Mr. Mark Cook, 6710 Carriage Lane, spoke in opposition to the proposed ordinance and regarding the current businesses on SH26. Ms. Nancy Croney, 2409 Twelve Oaks Lane, spoke in opposition to the proposed ordinance and property values on Tarrant Lane. Mr. Mark Mills, 6407 Wallace Lane, spoke in opposition to the proposed ordinance and regarding safety concerns related to traffic volume. Ms. Anne Marie Apaleski, 2003 Reynolds Drive, spoke in opposition to the proposed ordinance and traffic volume. Mr. Larry Chen, 6608 Meade Drive, spoke in opposition to the proposed ordinance. Ms. Maria Rogers, 2001 Reynolds Drive, spoke in opposition to the proposed ordinance. Mr. Mike Waitkus, 6613 Carriage Drive, spoke in opposition to the proposed ordinance and regarding traffic safety concerns. Mr. Ken Green, 5402 Juniper Court, spoke in opposition to the proposed ordinance and regarding the development of property along SH26. Mr. Paul Larmon, 6615 Kennedy Drive, spoke in opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly reopened the public hearing to allow citizens to speak. Ms. Vicki McDonald, 2501 Twelve Oaks Lane, spoke in opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Ralph Nasca, representing the applicant, spoke regarding renovations of car wash facilities and amenities of the proposed business, noise containment, egress and ingress, traffic volume, revenue sales and car wash fees. City of Colleyville Page 11 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6c 0-07-1632 Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 Mayor Kelly read the caption of Ordinance 0-07-1632. Community Development Director Chris Fuller provided an overview of the request for amending the zoning and stated the Planning and Zoning Commission recommended approval with two conditions. Mayor Kelly opened the public hearing. Ms. Patsy Ray, 5314 Bransford Road, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6d 0-07-1633 Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 Mayor Kelly read the caption of Ordinance 0-07-1633. Community Development Director Chris Fuller provided an overview of the proposed amendment to the Table of Permitted Uses in the Land Development Code. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2870 Consideration of appointment to the Colleyville Tree Board Mayor Kelly read Resolution R-07-2870 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 12 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hendler moved to approve Resolution R-07-2870, appointing Bob Leininger to the Colleyville Tree Board to fill an unexpired term of December 2008. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7b R-07-2871 Approval of changing the dates of regular City Council meetings in November 2007 Mayor Kelly read Resolution R-07-2871 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-07-2871, establishing November 27, 2007 as the date of the second City Council meeting in November. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7c R-07-2872 Approving an Exchange of Real Property and Authorizing the City Manager to Execute All Associated Documents Mayor Kelly read Resolution R-07-2872 in its entirety. City Engineer Chad Bartee provided a summary of the proposed exchange of real property. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 13 Printed on 9/5/2007 City Council City Council Minutes August 21, 2007 Councilmember Taylor moved to approve Resolution R-07-2872. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol VNollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 8 CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Parks and Recreation Advisory Board Minutes -June 4, 2007 Library Board Minutes -June 11, 2007 Zoning Board of Adjustments Minutes -July 12, 2007 Planning and Zoning Commission Minutes -July 23, 2007 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 21, 2007 -Reading and Public Hearing -Resolution R-07-2873 There was no action taken on this item. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. Mayor Kelly adjourned the meeting at 10:49 p.m. APPROVED BY A VOTE OF _~ AYES, O_ NAYES AND ~ ABSTENTIONS ON THIS THE ~ ~4 DAY OF ,,~ ~ v 2007. Minutes taken and prepared by: Cynthia Singleton, TRMC, MC City Secretary City of Colleyville Page 14 Printed on 9/5/2007