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HomeMy WebLinkAboutCity Council-Minutes-12/2/2008w-_., ~.~ City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 2, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Update of the status of the SH261mprovement Project by Texas Department of Transportation (TxDOT) PC-2 Discussion of the December 2, 2008 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 potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.074 - Personnel -Deliberate the appointment, employment and duties of the City Manager City of Colleyville Page 1 Printed on 11/25/2008 City Council Agenda December 2, 2008 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: Pastor Matt Fogle, Highland Meadows Christian 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-08-3034 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Celebrate Colleyville promotion and update -Michael Muhm, Celebrate Colleyville Steering Committee Chairman Announcements of awards and recognition In recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3035 4a Approval of the minutes of the regular City Council meeting of November 18, 2008 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Saddlebrook Drive, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1701 Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville City or Colleyville Page 2 Printed on 11/25/2008 City Council Agenda December 2, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1702 Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 6b 0-08-1703 Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 6c 0-08-1704 Approval of an ordinance amending Chapter 98, Article II, regarding Landscape Irrigation Regulations, Case G-08-033 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3036 Consideration of an appeal of the decision by the Sign Board of Appeals for a variance regarding a monument sign on Lot 2, Block 1 of the Northstar Bank Addition, located at 6114 Colleyville Boulevard, Case A-08-012 8. TABLED ITEMS AND PUBLIC HEARINGS: 8a 0-08-1695 Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 8b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Colleyville Center Advisory Committee Minutes -August 18, 2008 Colleyville Center Advisory Committee Minutes -September 11, 2008 Parks and Recreation Advisory Committee Minutes -October 6, 2008 Colleyville Senior Center Advisory Committee Minutes -October 16, 2008 City of Colleyville Page 3 Printed on 11/25/2008 City Council Agenda December 2, 2008 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 2, 2008 -Reading and Public Hearing -Resolution R-08-3037 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Wednesday, November 26, 2008, 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 11/25/2008 ~~ ~ City of Colleyville 100 Main Street (~• '! ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 <<~~•~- www.colleyville.com City Council Tuesday, December 2, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 2, 2008, at 5:32 p.m. Mayor Kelly welcomed Ms. Carolyn Sims from Commissioner Gary Fickes' office to the Pre Council meeting. ROLL CALL: Councilmembers Tony Licata, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Building Official Bill Elliott, Utility Superintendent Ken tywater, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:20 p.m. Councilmember Carol Wollin was absent. PC-1 Update of the status of the SH261mprovement Project by Texas Department of Transportation (TxDOT) Public Works Director Steve Chutchian introduced Mr. Bill Riley, Transportation Planning and Development Director, Texas Department of Transportation (TxDOT). Mr. Riley provided an update of the SH261mprovement Project regarding project limits, funding sources, right-of-way and construction bid letting and answered questions of the City Council. Mr. Scott Hall, Right-of-Way Acquisitions, TxDOT, provided an update regarding right-of-way acquisitions. City of Colleyville Page 1 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Discussion ensued regarding project funding, segment construction, scope of project, timeline for road construction and coordination with utility companies. Discussion continued regarding the impact of the SH26 Improvement Project on traffic congestion, mobility, economic development, connectivity for the City's central business district and intersection improvements. PC-2 Discussion of the December 2, 2008 regular agenda items Communications Manager Mona Gandy introduced Ms. Jamie Jones, Marketing Coordinator for the City of Colleyville. Mayor Kelly stated the applicant is requesting to withdraw agenda item 8b, appoval of a request for a zoning change from R-20 Single Family Residential to PUDC- Planned Unit Development Commercial. There was discussion regarding the protocol for consideration of the request for withdrawal. There was general discussion of agenda item 8a and Mayor Kelly asked the City Attorney if the request has been revised to a Planned Unit Development-Commercial (PUDC). City Attorney Matthew Boyle stated the proposed ordinance is a PUDC and includes a site plan elevation and restrictions. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:32 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 2, 2008, at 6:33 p.m. City of Colleyville Page 2 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 ROLL CALL: Councilmembers Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Utility Superintendent Ken Tywater, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin was absent. 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 potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties 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 City of Colleyville Page 3 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 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 551.74, 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 6:33 p.m. and reconvened at 7:33 p.m. INVOCATION: Pastor Matt Fogle, Compass Christian 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-08-3034 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Taylor invited citizens to the 13th Annual Lions Club Breakfast with Santa on Saturday, December 6, 2008, at the Colleyville Center from 7:00 a.m. to 11:00 a.m., and requested attendees donate canned goods or eye glasses. Mayor Kelly invited citizens to attend the annual Celebrate Colleyville event on Friday, December 5, 2008, 4:00 to 10:00 p.m. at the Colleyville Center and enjoy a holiday mountain slide, euro bungee jumping, snow tubing, the holiday tree lighting, Radio Disney and Santa Claus. Mayor Kelly recognized and expressed appreciation to the following City employees for years of service and commitment to the City: Robert McKeown, Fire Marshal, twenty years; Scott Wrisley, Firefighter/Paramedic, fifteen years; Damaso Jordan, Equipment Operator, five years and Dustin Winn, Firefighter/Paramedic, one year. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3035 4a Approval of the minutes of the regular City Council meeting of November 18, 2008 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Saddlebrook Drive, and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-08-3035 in its entirety. City of Colleyville Page 4 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Mayor Kelly opened the public hearing. 5. 5a Mayor Kelly read the caption of Ordinance 0-08-1701. Management Assistant Christine Loven provided information regarding area cities franchise fees and stated approximately 50% of Atmos Steering Committee member cities have approved a 5% franchise fee. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated the change in a franchise fee from 4% to 5% will impact citizens in the range of $0.20 to $0.50 per month. Mayor Pro Tem Ayers moved to approve Ordinance 0-08-1701 reflecting a 5% franchise fee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-08-3035. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-08-1701 Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville City of Colleyville Page 5 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1702 Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Mayor Kelly read the caption of Ordinance 0-08-1702. Community Development Manager Ron Ruthven provided an overview of the request to rezone the property from CN-Neighborhood Commercial to CC1-Village Retail. Mr. Ruthven further stated ten letters of opposition were received, the Planning and Zoning Commission recommended denial of the request; therefore, the request can only be approved by a supermajority vote of the City Council and staff recommends approval of the request. Mayor Kelly opened the public hearing. Ms. Kim Martin, 3740 Country Club Circle, Fort Worth, Texas, representing the applicant, spoke regarding the history of the property, potential tenants, meetings with the neighbors and benefits of the proposed zoning. Mr. Ernest Hedgecoth, 6012 Ponderosa Street, spoke in opposition to the proposed ordinance and regarding the history of the property and CC1-Village Retail and CN-Neighborhood Commercial permitted uses. Mr. Steve Griffith, 6008 Ponderosa Street, spoke in opposition to the proposed ordinance and regarding egress and ingress to the retail shopping center, maintenance of the shopping center property and potential issues with CC1-Village Retail uses. Ms. Chantal Griffith, 6008 Ponderosa Street, spoke in opposition to the proposed ordinance and regarding the neighborhood opposition to the proposed zoning. Mr. Tracy Sligar, 6004 Ponderosa Street, spoke in opposition to the proposed ordinance and regarding potential late night operations and maintenance of the retail shopping center property. Ms. Debbie Condon, 6100 Ponderosa Street, spoke in opposition to the proposed ordinance. City of Colleyville Page 6 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Mr. Jack Condon, 6100 Ponderosa Street, spoke in opposition to the proposed ordinance and regarding permitted uses under CC1-Village Retail, egress and ingress, unsanitary conditions related to the operation of a restaurant and preserving the neighbor's quality of life. Mr. David Ford, 6100 Colleyville Boulevard, spoke in support of the proposed ordinance and regarding potential tenants. Ms. Carol Neff, 6104 Ponderosa Street, spoke in opposition to the proposed ordinance and regarding the impact of the proposed zoning on property values and quality of life. Ms. Janis Sims, 6009 Ponderosa Street, did not wish to speak, but requested the record reflect her opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Licata asked staff to provide the permitted uses for the current and proposed zoning. Discussion ensued regarding the location and maintenance of the commercial dumpster and the concerns and desires of the neighbors. Mayor Pro Tem Ayers spoke regarding egress and ingress to the retail shopping center, late hours of operation and potential Planned Unit Development-Commercial zoning for the retail shopping center. Mayor Pro Tem Ayers requested the applicant and neighbors collaborate to determine mutually acceptable uses of the property. Councilmember Licata asked the City Attorney if the City Council has the latitude to customize specific details of Planned Unit Development-Commercial zoning such as, the ability to restrict food or beverages. City Attorney Matthew Boyle stated, "Yes, you can." Discussion ensued regarding current and proposed uses of the retail development center. City Council requested that the applicant work with neighbors to address their concerns and determine mutually acceptable options. 6b 0-08-1703 Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 City of Colleyville Page 7 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Mayor Kelly read the caption of Ordinance 0-08-1703. Community Development Manager Ron Ruthven provided an overview of the request for a Special Use Permit (SUP) for a private horse stable for domestic use and stated the Planning and Zoning Commission and staff recommends approval subject to conditions stated in the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Gary Panno, 6250 Pool Road, applicant, stated a contract on the property is pending and is contingent upon allowing horses on the property. Mr. Thomas Millweard, 3000 Sherwood Lane, spoke in opposition to the proposed ordinance and regarding the issues related to maintaining horses, resale property value and drainage concerns. Mr. Millweard further stated his property represents 20% of the land mass around the property being considered for the SUP. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Panno answered questions of the City Council regarding the flood plain. Community Development Manager Ron Ruthven stated an approved 2005 zoning case for 2705 Sherwood Lane required that the horses be confined to a specific area and the SUP would expire in ten years or with transfer of ownership. Mayor Pro Tem Ayers requested the applicant provide a revised site plan and stable building plans. City Attorney Matthew Boyle stated conditions may be placed in the proposed ordinance and refined at the City Council's discretion. 6c 0-08-1704 Approval of an ordinance amending Chapter 98, Article II, regarding Landscape Irrigation Regulations, Case G-08-033 Mayor Kelly read the caption of Ordinance 0-08-1704. Community Development Manager Ron Ruthven provided an overview of the proposed Landscape Irrigation Regulations and fees and stated staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly clarified the $75.00 fee will incorporate the backflow inspection fee and the irrigation inspection fee and stated the State of Texas is requiring the City of Colleyville to implement the fee. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3036 Consideration of an appeal of the decision by the Sign Board of Appeals for a variance regarding a monument sign on Lot 2, Block 1 of the Northstar Bank Addition, located at 6114 Colleyville Boulevard, Case A-08-012 Mayor Kelly read Resolution R-08-3036 in its entirety. Community Development Manager Ron Ruthven provided an overview of the request for an appeal of the decision by the Sign Board of Appeals for a variance regarding a monument sign and stated the Sign Board of Appeals recommends denial. Mayor Kelly opened the public hearing. Dr. Rich Driscoll, 6114 Colleyville Boulevard, applicant, presented a slide show of proposed messages on the monument sign and spoke regarding the benefit of the messages to the community. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the current sign regulations and potential revisions to the ordinance and the display time allowed by surrounding cities. Mayor Kelly asked City Attorney Matthew Boyle City Council chooses not to move forward this evening, can the applicant resubmit the request if the sign ordinance is amended. City Attorney Matthew Boyle stated, "If you deny the case that is before you this evening and you subsequently amend the ordinance in a manner that his proposed use would be permissible, then he would be entitled to take advantage of that the same as any other." Councilmember Hart asked City Attorney Matthew Boyle, "Does it require a super majority vote?" City of Colleyville Page 9 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 City Attorney Matthew Boyle stated, "No, it does not." Mayor Kelly asked City Attorney Matthew Boyle if the approval of the proposed amendment would prohibit the applicant from taking advantage of future amendments to the sign ordinance. City Attorney Matthew Boyle stated, "If you lowered the threshold as a general rule, it would be applicable to everybody." Councilmember Hall moved to approve Resolution R-08-3036. Mayor Pro Tem Ayers seconded with an amendment of intervals not less than ten seconds in length. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor . Absent: 1 -Carol Wollin Mayor Kelly recessed the meeting at 9:26 p.m. and reconvened 9:36 p.m. Mayor Kelly reopened the public hearing. Ms. Chani Rudel, 4400 Colleyville Boulevard, spoke regarding electronic signs and expressed appreciation to the City Council for allowing the sign message to change every ten seconds. Mayor Kelly closed the public hearing. 8. TABLED ITEMS AND PUBLIC HEARINGS: 8a 0-08-1695 Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Mayor Kelly read the caption of Ordinance 0-08-1695. Community Development Manager Ron Ruthven reviewed the request for a zoning change from R-20-Single Family Residential to PUD-C Planned Unit Development-Commercial and stated since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a super majority vote by City Council. City of Colleyville Page 10 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Mayor Kelly opened the public hearing. Mr. Alan Curley, 603 Harwood, Hurst, Texas, Classic Concepts Development, applicant, provided information regarding the use of the proposed development. Mr. Walter James, 1450 Hughes Road, Grapevine, Texas, provided a history of the property related to zoning and information regarding the proposed development of the property. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Manager Ron Ruthven provided an overview of the revised zoning request and proposed ordinance. Mayor Pro Tem Ayers moved to approve Ordinance 0-08-1695 and commended the applicants for the presentation and items included in the proposed ordinance. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin Mayor Kelly requested staff maintain continuity with the guidelines for future development of this area. 8b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Mayor Kelly read the caption of Ordinance 0-08-1696. Community Development Manager Ron Ruthven stated the applicant requested the City Council accept the withdrawal of this item. 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 11 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Mayor Kelly reopened the public hearing. Mr. Robert Ward, 704 Kent Court, Southlake, Texas, applicant, stated the engineering, design and economics of the project will be revisited and requested the City Council accept the withdrawal of the item. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to accept the withdrawal of Ordinance 0-08-1696. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Bruce Levinson, 7000 Whippoorwill Court, spoke in opposition to a commuter rail station in the City of Colleyville and regarding potential crime related to commuter rail stations. Ms. Tracy Levinson, 7000 Whippoorwill Court, expressed appreciation to the City Council for their service to the City of Colleyville and spoke in opposition to a commuter rail station and regarding experiences living in urban areas with train stations. Mr. Brian Prendergast, 6800 Milton Drive, spoke in opposition to a commuter rail station in the City of Colleyville and regarding the proximity of the railroad tracks and station to his residence and security concerns. Mr. Frantz DeWillis, 7215 Stilton Court, spoke in opposition to a commuter rail station in the City of Colleyville and regarding the function of municipal government, the Commuter Rail Committee report, home resale values and potential crime associated with commuter rail stations. Mr. Ed Daniels, 6004 Highland Hills Lane, spoke in opposition to a commuter rail station in the City of Colleyville and regarding quality of life and criminal elements associated with commuter rail stations. City of Colleyville Page 12 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Mr. Chris Whitaker, 7204 Maranatha Court, spoke in opposition to a commuter rail station in the City of Colleyville and regarding freight line scheduling and environmental issues. Mr. George Dodson, 7309 Balmoral Drive, spoke in opposition to a commuter rail station in the City of Colleyville and regarding cost and financing of a commuter rail station. Mr. Tom Pasquale, 2306 Arbor Trail, commended the City Council for their service to the City and spoke regarding a Commuter Rail Committee meeting and a voter referendum for a commuter rail station. Mr. Daniel Garrison, 6401 Westcoat Drive, spoke in opposition to a commuter rail station in the City of Colleyville and regarding a voter referendum for a commuter rail station. Ms. Louise Rosenfeld, 7215 Brooke Drive, spoke in opposition to a commuter rail station in the City of Colleyville and regarding regular usage of a commuter rail station by the citizens of Colleyville. Ms. Diane Hill, 7209 Thames Trail, spoke in opposition to a commuter rail station in the City of Colleyville and regarding cost benefit analysis and funding for a commuter rail station, traffic flow and quality of life. Ms. Lisa Bernardo, 7010 Shepherds Glen, commended the Commuter Rail Committee for their work and spoke in opposition to a commuter rail station in the City of Colleyville and regarding alternatives to a commuter rail station. Ms. Ellen Lopez, 5505 Janet Lane, spoke in opposition to a commuter rail station in the City of Colleyville and regarding the negative impacts of a commuter rail station to drivers and criminal activity associated with commuter rail stations. Mr. Terry Dorris, 6917 David Lane, spoke in opposition to a commuter rail station in the City of Colleyville and regarding the citizen survey. Mr. Walter Sonneborn, 1403 Caldwell Creek Drive, spoke in opposition to a commuter rail station in the City of Colleyville and regarding pedestrian traffic to a rail station and longevity of a commuter rail and benefits of an underground rail. Mr. Orlando Alaniz, 6805 Peter's Path, spoke in opposition to a commuter rail station in the City of Colleyville and regarding the environmental impact study and safety concerns related to a commuter rail station and trains. City of Colleyville Page 13 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 Ms. Natalie Genco, 1104 John McCain Road, spoke in opposition to a commuter rail station in the City of Colleyville and regarding crime associated with a rail station and the DART passenger system. Mr. Frank Genco, 1104 John McCain Road, spoke in opposition to a commuter rail station and trains in the City of Colleyville and regarding funding and the recommendations of the Commuter Rail Committee. Ms. Nancy Mullins, 7208 Cedar Court, Mr. Richard Mullins, 7208 Cedar Court and Ms. Julianna Garrison, 6401 Westcoat Drive, did not wish to speak but wished to record their opposition to a commuter rail station. 10. REPORTS: Colleyville Center Advisory Committee Minutes -August 18, 2008 Colleyville Center Advisory Committee Minutes -September 11, 2008 Parks and Recreation Advisory Committee Minutes -October 6, 2008 Colleyville Senior Center Advisory Committee Minutes -October 16, 2008 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 2, 2008 -Reading and Public Hearing -Resolution R-08-3037 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin Mayor Kelly adjourned the meeting at 10:50 p.m. City of Colleyville Page 14 Printed on 12/17/2008 City Council City Council Minutes December 2, 2008 APPROVED BY A VOTE OF ____ ~~ AYES, O NAYS AND ~_ ABSTENTIONS ON THIS THE 1l~ DAY OF 2008. Minutes taken and prepared by: , Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 15 Printed on 12/17/2008