Loading...
HomeMy WebLinkAboutCity Council-Minutes-10/21/2010'o>i~~~„"" ~ ~_~,., ,. ,.,. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, October 6, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation and discussion of a City branding effort PC-2 Mid-year update on the Economic Development Strategic Plan PC-3 Presentation of draft Incentive Guidelines and Criteria PC-4 Discussion of the October 6, 2010 City Council meeting regular agenda items 6:15 p.m. Board, Commission and Committee Applicant Interviews 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.072 - Real Estate -Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 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 1 Printed on 10/1/2010 City Council Agenda October 6, 2010 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor David Jung, Crown of Life ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION -RESOLUTION R-10-3274 3. 4. 4a Approval of the minutes of the regular City Council meeting of September 21, 2010 PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of service on the Historical Preservation Committee - Ja Ann Alderman and Charles Hewitt In recognition of service on the Library Board -Nancy Bowen In recognition of service on the Metroport Teen Court Advisory Board - Karyn Hahne and Anita Clayton In recognition of service on the Senior Center Advisory Committee - Susan Thomason and Don Davis Proclamation In recognition of Goodwill Industries of Fort Worth Helping People With Disabilities month -David Cox, Goodwill Industries Presentation In recognition of the Texas Comptroller Silver Leadership Circle award for the City of Colleyville's continued progress toward achieving financial transparency -Mayor David Kelly and Karen Hines, Finance Manager CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3275 City of Colleyville Page 2 Printed on 10/1/2010 City Council Agenda October 6, 2010 4b Approval of funding for playground replacement at Kidsville through the Texas Local Government Purchasing Cooperative (Buy6oard) with PlayWell Group, in an amount not to exceed $398,800, and authorize the city manager to execute the contract and any associated change orders, in an amount not to exceed $1,200 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-10-1775 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 2, Block 1 of the Village Front Door Addition located at 5232 Colleyville Boulevard, Case ZC10-021 5b 0-10-1776 Amending Ordinance 0-92-880 setting fees and charges for City facilities 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-10-3267 Consideration of appointments to the Planning and Zoning Commission 6b R-10-3268 Consideration of appointments to the Zoning Board of Adjustment 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 0-10-1767 Approval of a request for a Special Use Permit for a package store on Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC10-016 7b 0-10-1769 Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a package store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC 10-020 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Planning and Zoning Commission Minutes -August 23, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 6, 2010 -Reading and Public Hearing -Resolution R-10-3276 City of Colleyville Page 3 Printed on 10/1/2010 City Council Agenda October 6, 2010 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 1, , by 5:00 . m. Cy is 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 10/1/2010 `__ ~~~ ~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 `~H City Council Minutes $17.503.1000, .... '°~°" www.colleyville.com City Council Wednesday, October 6, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 6, 2010, at 5:08 p.m. Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper, Community Development Director Ron Ruthven, Library Director Mary Rodne, City Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Marketing Coordinator Ashley Stathatos, Finance Manager Karen Hines, Communications and Marketing Director Mona. Gandy, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 5:17 p.m. PC-1 Presentation and discussion of a City branding effort Economic Development Director Marty Wieder stated the development of a brand will set Colleyville apart and define what the public thinks of Colleyville. Marketing Coordinator Ashley Stathatos outlined the process for the creation of a brand, which includes a new logo, tagline and a Brand Standards Manual, presented proposed logo and taglines and answered questions of the City Council. Discussion ensued regarding the proposed logos and taglines. City Council determined the current logo should be updated and requested staff obtain bids for the services of a graphic artist to develop an updated logo. Discussion continued regarding potential taglines and the possible use of different taglines by departments. City of Colleyville Page 1 Prinfed on 10/20/2010 City Council City Council Minutes October 6, 2010 PC-2 PC-3 PC-4 Mid-year update on the Economic Development Strategic Plan Economic Development Director Marty Wieder presented the Economic Development Strategic Plan mid-year update, which included the Merchandising Plan, SCORE business counseling program, Keep It Colleyville campaign, Business Appreciation Reception, partnership with the Colleyville Area Chamber of Commerce, retaining current and creating new business enterprises, Incentive Guidelines and Criteria, plan for reconstruction of SH26 and the establishment of a visitor's economy. Councilmember Muhm requested the link to the Chamber Nation software site, which will be utilized for the Keep It Colleyville campaign. Mr. Wieder stated the Colleyville Area Chamber of Commerce, SCORE and the City propose to form a partnership to support local businesses and invited City Council to attend a Retailer's Roundup, Thursday, November 18, 2010. City Manager Jennifer Fadden stated the Gateway Planning Group and Kimley-Horn and Associates, Inc., efforts regarding the SH26 reconstruction project are on hold due to the uncertainty of the scope of the project. Councilmember Taylor requested magazine articles related to the City be provided in a pdf format. Councilmember Muhm requested Mr. Jason Claunch, Catalyst Commercial provide an update of the Merchandising Plan and requested the link to the Economic Development update on the City's web site. Presentation of draft Incentive Guidelines and Criteria There was no discussion of this item. Discussion of the October 6, 2010 City Council meeting regular agenda items The Pre Council meeting was adjourned at 6:17 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 6, 2010, at 6:56 p.m. City of Colleyville Page 2 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper, Community Development Director Ron Ruthven, Library Director Mary Rodne, City Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Marketing Coordinator Ashley Stathatos, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, 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 Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.072 - Real Estate -Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 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, 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 6:56 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor David Jung, Crown of Life City of Colleyville Page 3 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 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-10-3274 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly announced a joint meeting of the Carroll Independent School District and the Grapevine-Colleyville Independent School District, Tuesday, October 19, 2010, at 7:00 p.m. at Carroll High School regarding the Taxpayer Guide to the School Funding Crisis. Mayor Kelly invited citizens to attend the 2nd Annual Police Department versus the Fire Department softball game, Sunday, October 24, 2010 at 4:00 p.m. at City Park. Proceeds will benefit the Colleyville Police and Fire Academy Alumni Associations. Mayor Kelly announced the Fall Clean Sweep Event on Saturday, October 16, 2010, and invited citizens to meet at McPherson Park at 8:30 a.m. to form teams to pick-up trash and Keep Colleyville Beautiful. Mayor Kelly further stated a bulk trash drop-off service will be available at the south parking lot of City Hall, 9:00 a.m. to 11:00 a.m. or until the container is full. Mayor Kelly stated the City has an annual barbecue event in the spring to benefit Special Olympics of Texas. The Police Department adopted Special Olympic athlete Colby Bannister, who is the only gymnast in the state of Texas to be invited to participate at the World Games in Athens, Greece. Mayor Kelly encouraged citizens to visit Costa Vida restaurant on Monday, October 18, 2010, 4:00 p.m. to 10:00 p.m. when 20% of the proceeds will be donated to fund travel expenses for Colby. Mayor Kelly presented plaques to Ja Ann Alderman and Charles Hewitt for service on the Historical Preservation Committee. Mayor Kelly presented the Colleyville History book to Don Davis for service on the Senior Center Advisory Committee. Mayor Kelly presented a Proclamation to David Cox, Goodwill Industries in recognition of Goodwill Industries of Fort Worth Helping People With Disabilities month. City of Colleyville Page 4 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mr. David Cox expressed appreciation for the recognition and support of Goodwill Industries. Mayor Kelly presented the Texas Comptroller Silver Leadership Circle award to Finance Manager Karen Hines for the City of Colleyville's continued progress toward achieving financial transparency. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3275 4a Approval of the minutes of the regular City Council meeting of September 21, 2010 4b Approval of funding for playground replacement at Kidsville through the Texas Local Government Purchasing Cooperative (BuyBoard) with PlayWell Group, in an amount not to exceed $398,800, and authorize the city manager to execute the contract and any associated change orders, in an amount not to exceed $1,200 Mayor Kelly read Resolution R-10-3275 in its entirety. Parks and Recreation Director Monica Walsh provided information regarding the history and condition of the Kidsville playground and reviewed the plans for the proposed playground. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-10-3275. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-10-1775 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 2, Block 1 of the Village Front Door Addition located at 5232 Colleyville Boulevard, Case ZC10-021 This item was considered after agenda item 7a. City of Colleyville Page 5 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mayor Kelly read the caption of Ordinance 0-10-1775. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a package store and stated the property is currently zoned PUDC and developed as a mixed use building. Mr. Ruthven further stated the applicant proposes to open a package store, which would occupy the entire ground floor, provided information regarding access and traffic generation and stated Realty Capital, the property owner offered to close the mutual access easement between the subject property and the adjacent First Baptist Church property. Staff recommends signage not be allowed to be located any higher than the highest portion of the ground floor and stated the proposed package store meets the Texas Alcoholic Beverage Commission minimum distance requirements. Mr. Ruthven stated the Planning and Zoning Commission recommended approval of this item. Mayor Kelly opened the public hearing. Avenue, Dallas, Texas, spoke regarding experience as a developer, Sigel's commitment to safety and the traffic circulation related to the proposed package store. Mr. Mike Twitchell, President, Michael F. Twitchell, Inc. , 3624 Oak Lawn Mr. John Rector, 11050 Wonderland Trail, Dallas, Texas, Vice President, Sigel's, spoke regarding Sigel's operations, the store's aesthetics and Sigel's charitable and community contributions and involvement. Mr. Jimmie Archie, 74 Casa Lane, spoke regarding the development of the Village at Colleyville, the benefits of the proposed package store to the retail development, traffic impact analysis and concerns of the First Baptist Church related to the package store. Dr. Gayle Jasinski-Rogers, 30 Piazza Lane, spoke in support of the proposed ordinance and regarding the economic development impact of a package store. Ms. Misti Zimmerman, 501 Lavaca Trail, spoke in opposition to the proposed ordinance and regarding safety concerns related to the church and school. Mr. Andy Rogers, 30 Piazza Lane, spoke in support of the proposed ordinance. Ms. Theresa Russell, 88 Village Lane, spoke in support of the proposed ordinance. City of Colleyville Page 6 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mr. Mark Boone, 8709 Labron Avenue, spoke in support of the proposed ordinance. Mr. George Coleman, 6402 Emerald Drive, spoke in opposition to the proposed ordinance and regarding Texas Alcoholic Beverage Commission distance requirements for schools and the condition of Sigel's stores. Mr. Steve Atwood, 34 Piazza Lane, spoke in support of the proposed ordinance and regarding the state of retail business in the Village at Colleyville. Ms. Vicki Weinberg, 5603 Normandy Drive, spoke in opposition to the proposed ordinance. Mr. John Arnett, 1708 Oak Knoll, spoke in support of the proposed ordinance. Mr. Craig Etheredge, 508 Sophie, spoke in opposition to the proposed ordinance and regarding safety concerns related to pedestrian traffic at First Baptist Church, City Council action related to other Special Use Permit applications and potential warehousing and distribution services. Mr. Dale Molden, 105 Timberline Drive North, spoke in opposition to the proposed ordinance and regarding pedestrian safety at the church. Ms. Sophie Diaz, 6406 Cutter Ridge Court, spoke in support of the proposed ordinance and regarding the results of the local option election, sales tax revenue and economic development. Mr. Frank Salas, 16 Village Lane, spoke in support of the proposed ordinance. Ms. Susan Williams, 4804 Meandering Way, spoke in support of the proposed ordinance and regarding the reputation of Sigel's, potential sales tax revenue generated by Sigel's and the results of the local option election. Ms. Judith Henkels, 76 Casa Lane, spoke in favor of the proposed ordinance and regarding the number of package stores, screening between the church and Sigel's, the results of traffic impact study and sales tax revenue. Mr. Blair Lewis, 98 Casa Lane, spoke in favor of the proposed ordinance. Mr. Dale Porter, 88 Village Lane, spoke in favor of the proposed ordinance and regarding potential sales tax revenue. City of Colleyville Page 7 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mr. Kevin Smith, 62 Main Street, spoke in opposition to the proposed ordinance and regarding business practices and aesthetics of Sigel's. Ms. Kate Smith, 62 Main Street, spoke in opposition to the proposed ordinance. Mayor Kelly recessed the meeting at 10:56 p.m. and reconvened at 11:08 p.m. Mr. Tommy Curb, 4508 Bill Simmons, spoke in opposition to the proposed ordinance and regarding the impact of the proposed package store on the community. Ms. Nan Hoenich, 2808 Meandering Way, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding the impact of the proposed package store on the First Baptist Church Sonshine Academy and the safety of the children that attend the school. Ms. Tisha Ghormley, 502 Green Meadows Street, expressed appreciation to City Council for their service and spoke in opposition to the proposed ordinance and regarding safety concerns for children who attend Sonshine Academy, Texas Alcoholic Beverage Commission distance requirements for schools and the suitability of the proposed package store located next to a church. Ms. Lorie Archie, 74 Casa Lane, spoke in favor of the proposed ordinance and regarding the protection and education of children. Dr. Alan Paradis, 4501 Shadycreek Lane, spoke in support of the proposed ordinance and regarding the benefits of the proposed package store to the economic development of the City. Ms. Amy Gentry, 8221 Courtney Lane, Watauga, Texas, spoke in opposition to the proposed ordinance and regarding safety issues related to the children attending First Baptist Church Sonshine Academy. Mr. Patrick Henry, 76 Casa Lane, spoke in support of the proposed ordinance and regarding sales tax revenue and results of the local option election. Ms. Heather Andersen, 33 Main Street, spoke in support of the proposed ordinance. Ms. Trudy Gummelt, 6537 Woodcreek, North Richland Hills, Texas, spoke in opposition to the proposed ordinance and regarding the results of the local option election. City of Colleyville Page 8 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mr. Ed Etheredge, 3324 Dustin Trail, Hurst, Texas, spoke in opposition to the proposed ordinance and regarding the history of the City, the success of his business and preservation of the City's atmosphere. Mr. Tommy Dreiling, 6308 Westcoat Drive, spoke in support of the proposed ordinance and regarding personal commitment to the community. Ms. Angela Kahle, 1605 Kingswood Lane, spoke in opposition to the proposed ordinance and regarding the negative effects of alcohol. Mr. Henry Lambert, 108 Timberline, spoke in opposition to the proposed ordinance and regarding the safety of children attending the First Baptist Church school. Mayor Kelly stated the following citizens did not wish to speak but wish to record their opposition to the proposed ordinance: Kathleen Gray, Kim Riley, Susan Fay, Greg Clifton, Robert Goble, Martha Coleman, Tina Forslund, Bryan Popkin, John Eubanks, Dia Curb, Beau McLeod, Amanda Sharp, Melissa Spivey, Cara McLeod, R. Reece Norris, E.H. Callahan, Sandy Shepherd, David Fedele, Sean Severide, James Stanford, Jeff Williamson, Sandra Williamson, Jimmie Richie, Janet Pearson, Cindy Cook, Lonnie Lane, Stephanie Heady, Zach Towery, Hilary Boozer, Jennifer Towery, Paige McAfee, John McDavid, Leah McDavid, Amy Brooks, Lisa Wertz, Cheryl Barron, Suzie McMahon, Amy Bolander, Dwayne Young, Dana Young, Nathan McMahon and Walter Deetz Shepherd. Mayor Kelly stated the following individuals did not wish to speak but wished to record their support of the proposed ordinance: Rex Pitts, Dawn Lewis, Dave Phillips, Mike Matton, Eliska Matton, Janice Hannold, Bill Dennis, Kathy Watkins, Susan Gallemore, Linda Ponder, Patrice Ciaccio, John Sims, Josh Vigil, Donna Hampton, Teisha Boles, Tracy Smith, Nathan Hughes, Susan Fitzgerald and Bob Buttrill. There were no others present wishing to speak concerning this item. At midnight, the City Council determined they would continue the meeting. Discussion ensued regarding the use of the First Baptist Church parking lot for children activities. Community Development Director Ron Ruthven provided information regarding the mutual access easement between the First Baptist Church and the Village property. City of Colleyville Page 9 Printed on 10/20/2010 City Council City Council Minute's October 6, 2010 Mayor Kelly requested Mr. Jimmie Archie provide City Council with the Traffic Impact Analysis. Mayor Pro Tem Ayers asked Mr. Art Anderson, Attorney, Sigel's, to explain a letter sent to the City that included language alluding to a potential lawsuit against the City if the SUP was not approved. Mr. Art Anderson, 1201 Elm Street, Dallas, Texas, stated the letter speaks to how much discretion the City Council has with regard to a zoning case related to the sale of alcohol. Discussion ensued regarding Sigel's choice of a store site, peak business days and times and product selection. Councilmember Muhm requested the testimonial letters from businesses near Sigel's operations. 5b 0-10-1776 Amending Ordinance 0-92-880 setting fees and charges for City facilities 6. 6a Mayor Kelly read Resolution R-10-3267 in its entirety. Mayor Kelly opened the public hearing. This item was considered after agenda item 7b. Mayor Kelly read the caption of Ordinance 0-10-1776. Assistant City Manager and Chief Financial Officer Terry Leake reviewed the proposed fees and charges for City facilities, which include a non-resident Senior Center membership fee. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item. Parks and Recreation Director Monica Walsh provided information regarding area cities senior center non-resident fees, cost recovery and number of Senior Center users. RESOLUTION(S): READING AND PUBLIC HEARING R-10-3267 Consideration of appointments to the Planning and Zoning Commission City of Colleyville Page 10 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Kelly nominated Ron Rotthaus, Place 1; Jeff Byerly, Place 2; David Wheelwright, Place 3; and, David Phelps, Place 4. There were no other nominations. Mayor Kelly moved to approve Resolution R-10-3267 appointing Ron Rotthaus, Place 1; Jeff Byerly, Place 2; David Wheelwright, Place 3; and, David Phelps, Place 4, effective October 25, 2010, with a term expiring September 2010. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6b R-10-3268 Consideration of appointments to the Zoning Board of Adjustment Mayor Kelly read Resolution R-10-3268 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated Tracy Doyle, Place 1; Skip Reynolds, Place 2; Jim Gotcher, Place 3; Eric Hulet, Alternate 1; and, John Okray, Alternate 2. There were no other nominations. Councilmember Wollin moved to approve Resolution R-10-3268, appointing Tracy Doyle, Place 1; Skip Reynolds, Place 2; Jim Gotcher, Place 3; Eric Hulet, Alternate 1; and, John Okray, Alternate 2. Councilmember Muhm seconded the motion. City of Colleyville Page 11 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 0-10-1767 Approval of a request for a Special Use Permit for a package store on Lot 2, Block 11 of the Longwood Estates at Ross Downs Addition located at 7171 Colleyville Boulevard, Case ZC10-016 This item was considered prior to agenda item 5a. Mayor Kelly stated Ordinance 0-10-1767 was tabled at the City Council meeting held on September 21, 2010. Mayor Kelly asked if there is a motion to remove Ordinance 0-10-1767 from the table. Mayor Pro Tem Ayers moved to remove Ordinance 0-10-1767 from the table. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly read the caption of Ordinance 0-10-1767. Community Development Director Ron Ruthven stated the applicant provided traffic impact study analysis with options for the right-in right-out drive access to SH26. He further stated the applicant informed staff that there have been conversations with TxDOT about the driveway option and TxDOT indicated a need for state permit for the proposed enhancements to the driveway. Mr. Ruthven stated, there is no super majority requirement for this case. Mayor Kelly opened the public hearing. Mr. David McMahan, 401 North Carroll, Southlake, Texas, representing Longwood/26, Ltd, and the applicant, Mr. J. Patrick Volk, spoke regarding discussions with the Texas Department of Public Safety (TxDOT) related to traffic concerns and requested the item be tabled until the October 19, 2010, City Council meeting. City of Colleyville Page 12 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Ms. Michelle Hudak, 7004 Colt Court, spoke in opposition to the proposed ordinance and stated the Police Chief expressed concerns regarding traffic and public safety related to the proposed package store and spoke regarding calculations for determining the requirement for a super majority vote by City Council and the impact of the proposed package store on the neighborhood. Ms. Chris Marsh, 2202 Broadoak Way, spoke in support of the proposed ordinance and regarding the results of the local option election, retail development in the City and the economic development impact of the proposed package store. Mayor Kelly stated the following individuals did not wish to speak but wished to record their opposition to the proposed ordinance: George Coleman, Woojo Moon, Myung Suk Moon, Eric Moon, Katherine Gray, Darren Lee, Martha Coleman, Janice Hannold, Sandy Shepherd, Lonnie Lane, Cindy Cook, Janet Pearson, Jimmie Richie, Angela Kahle, Sandra Williamson, Jeff Williamson, Rachel Koch, Trudi Gummelt, Joyce Fisher, Gray Richie, Stephanie Heady, Zach Towery, Jennifer Towery, Paige McAfee, John McDaniel, Lee McDaniel and Amy Brooks. Mr. Tim Waterworth, 6808 Rockbrook Court, spoke in opposition to the proposed ordinance and regarding the consequences of the local option election and traffic flow near the proposed package store. Ms. Joyce Fisher, 6605 Carriage Drive, spoke in opposition to the proposed ordinance and regarding the impact of the proposed package store in the community. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated the applicant provided a trip generation report instead of a traffic impact study as requested. Mayor Pro Tem Ayers stated, it is my understanding from the City Attorney, there are various criteria the City Council can examine to determine whether a particular application is acceptable or unacceptable. The City Council is to view these from a Land Use perspective and to examine these applications as to whether they are an appropriate retail convenience store establishment and to look at the impact they would have both on traffic from an ingress and egress circulation, cross access standpoint and that is why the traffic impact study was requested. City Council should also look at the suitability in an intense retail environment relative to the surrounding neighbors be it commercial, office, retail or residential. The City Council is to consider it from a public safety, crime standpoint and examine the specific site City of Colleyville Page 13 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 plans related to minimum parking requirements, access circulation, elevation and landscaping. In this particular location, the City Council examined those various criteria and one of the things the City Council focused on is the traffic situation. In fairness to the applicant and developer, they provided information that the traffic impact would probably be less than either the City or the applicant previously thought. But, there are some issues with respect to whether or not the traffic will try to turn across the bull-nose, that is south of this particular property. The applicant has asked for additional time. I believe the City Council has beat this particular application to death. I think the City Council needs to decide this case based on the criteria City Council is allowed to consider tonight whether City Council considers this as an application to accept or deny or deny with prejudice or without prejudice. The developer has been trying to work with the City for a long time to develop this particular location and was able to obtain approval for the traffic light. I think the City should continue to work with the applicant, but in fairness to the applicant and the residents, the City Council needs to decide this case tonight. Mayor Kelly reopened the public hearing to allow a citizen to speak. Ms. Veronica Bachman, 6505 Connie, spoke regarding the traffic volume and flow on SH26 near the proposed package store. Mayor Kelly stated it may take several months to obtain a decision from TxDOT and suggested the item be denied without prejudice to allow the applicant to obtain information from TxDOT. Mr. McMahan stated under the rules of the Land Development Code, Section 1, page nine, paragraph nine, Withdrawal, states "any proposal or application that is withdrawn by the applicant before a vote is considered by the City Council shall not be subject to the time limit for submittal of a new application". City Attorney Matthew Boyle stated, once a zoning case has been initiated, the case remains open until final action by the City Council. You have what appears to be two written requests for withdrawal that appears to be ripe for City Council action at this time. Councilmember Muhm asked the City Attorney, what are the ramifications of accepting the withdrawal versus denial of the request or approving the request. City Attorney Boyle stated, if you accept the withdrawal, they are free to reapply for a case identical to or slightly different or completely different than the case before you. If you deny without prejudice, they have the same right. If you deny with prejudice, they cannot submit the same or City of Colleyville Page 14 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 substantially similar application within twelve months of the date of denial. Mayor Kelly moved to accept the withdrawal of the application for the Special Use Permit. Councilmember Taylor seconded the motion. Councilmember Taylor withdrew the second. Councilmember Taylor asked the City Attorney, what if the City Council does not accept the withdrawal. City Attorney Boyle stated then the case remains ripe for adjudication and all the normal options remain open. The City Council could table it or continue it to a date certain, take action for approval, take action for denial or take action to approve with conditions. Mayor Kelly stated the motion dies for lack of a second. Mayor Pro Tem Ayers moved to deny Ordinance 0-10- 1767, without prejudice. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Muhm stated if the applicant submits the application again for consideration, the applicant should submit everything at one time. 7b 0-10-1769 Approval of a request for a zoning change on 1.3 acres from ML-Light Manufacturing to PUDC-Planned Unit Development Commercial with a Special Use Permit for a package store on Lot 1 R2, Block 1 of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC 10-020 This item was considered prior to agenda item 5b. Mayor Kelly stated Ordinance 0-10-1767 was tabled on September 21, 2010. Mayor Kelly ask is there a motion to remove Ordinance 0-10-1767 from the table. City of Colleyville Page 15 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mayor Pro Tem Ayers moved to remove Ordinance 0-10-1767 from the table. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly read the caption of Ordinance 0-10-1767. Community Developement Director Ron Ruthven stated the applicant provided a comprehensive traffic analysis as requested by the City Council and a super majority vote is not required on this this case. Mayor Kelly opened the public hearing. Mr. Randy Johnson, 7401 Braemar Terrace, stated the business plan has been revised to include a larger phase one construction plan, which includes combining both buildings together; removing the gas pump awnings; and, completely finishing the exterior building. The construction plan would begin October 25, 2010 and be completed by December 17, 2010. Mr. Johnson further stated that Phase II construction will only consist of finishing the interior car wash bay and the space between the two buildings. The exterior building will be completed as proposed to look like a completed project from the street. Mr. Eddie Eckart, Goodwin and Marshall Civil Enginering, will present traffic impact study findings for the intersection of SH26 and John McCain Road. Ms. Michelle Hudak, 7004 Colt Court, requested clarification regarding the 20% of residents in opposition, which triggers the super majority vote requirement. Mr. George Coleman, 6402 Emerald Drive, spoke in opposition to the proposed ordinance and regarding potential warehousing and distribution services at the proposed package store. Mr. Larry Strickland, 6909 King Charles Court, spoke in opposition to the proposed ordinance and regarding the local option election results, amenities of Colleyville and the highest and best use of the property. Mr. Matthew Marchant, 2801 Network Boulevard, Frisco, Texas, Celtic Bank Corporation, expressed support of the applicant and proposed business. Mr. Kip Whitman, P.O. Box 69, Colleyville, spoke in support of the City of Colleyville Page 16 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 proposed ordinance and regarding previous development of the property. Ms. Catherine Canter, 6905 Upland Lane, spoke regarding pedestrian traffic near the proposed package store. Mr. Tim Waterworth, 6808 Rockbrook Court, spoke in opposition to the proposed ordinance and regarding the zoning of the property and impact of the proposed package store on property values. Mayor Kelly stated the following individuals did not wish to speak but wished to record their opposition to the proposed ordinance: Darren Lee, Myung Moon, Woojo Moon, Janice Hannold, Martha Coleman, Rachel Koch, Amy Brooks, John McDaniel, Leah McDaniel, Paige McAfee, Jennifer Towery, Hilary Boozer, Zach Towery, Lonnie Lane, Stephanie Heady, Cindy Cook, Janet Pearson, Jimmie Richie, Sandra Williamson, Jeff Williamson, Sean Severide, Sandy Shepherd, Angela Kahle and Beverly Sonneborn. There were no others present wishing to speak concerning this item Mr. Eddie Eckart, 204 Virginia Square, Goodwin and Marshall, Inc., representing the applicant, presented the traffic impact study results. Discussion ensued regarding the results of the traffic impact study and the number of accidents at the intersection of SH26 and John McCain Road. Community Development Director Ron Ruthven stated the withdrawal in this case was of the landscaping business at 7111 Colleyville Boulevard and it effectively reduced the total opposition down to 11 % and the area near the proposed package store is not pedestrian friendly. Discussion continued regarding the warehouse and distribution service, the owners of the proposed package store, screening between the proposed package store and residential area. Mayor Kelly moved to approve Ordinance 0-10-1769, generally consistent with exhibit. Councilmember Hart seconded the motion The motion carried by the following vote: Aye: 4 -David Kelly, Jon Ayers, Tom Hart, Mike Taylor Nay: 3 -Carol Wollin, Michael Muhm, Stan Hall City of Colleyville Page 17 Printed on 10/20/2010 City Council City Council Minutes October 6, 2010 Mayor Kelly recessed the meeting at 9:17 p.m. and reconvened at 9:27 p.m 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Planning and Zoning Commission Minutes -August 23, 2010 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 6, 2010 -Reading and Public Hearing -Resolution R-10-3276 This resolution was not needed 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 12:43 a.m. APPROVED BY A VOTE OF AYES, ~ NAYS AND _~~ ABSTENTIONS ON THIS THE ~p DAY OF ,010. Minutes ken and p d y,: ynthi ingleton, TRMC, CM City Secretary City of Colleyville Page 18 Printed on 10/20/2010