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Home My WebLink AboutCity Council-Minutes-09/23/2019 City of Colleyville Page 1 City of Colleyville City Council Special Meeting Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Monday, September 23, 2019 6:00 p.m. Council Chambers Third Floor, City Hall 1. CALL TO ORDER 2. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda 3. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 3a Ordinance O-19-2098 Request to appeal the decision by the Planning & Zoning Commission for the consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19- 010 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, September 19, 2019, by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Special Meeting Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 23, 2019 6:00 p.m. Mayor Richard Newton called the Colleyville City Council Special Meeting to order on Monday, September 23, 2019, at 6:00 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Chuck Kelley. Absent: Councilmember Callie Rigney 2. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda The City Council met in Executive Session at 6:34 p.m. to consult with the City Attorney. The City Council reconvened in Council Chambers at 6:55 p.m. 3. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 3a Ordinance O-19-2098 Request to appeal the decision by the Planning & Zoning Commission for the consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19- 010 Mayor Newton read the caption of Ordinance O-19-2098. Community Development Director Ben Bryner presented this item. Director Bryner stated the exhibits have been revised to reflect the increased buffer along the north and east. Director Bryner stated an analysis of the opposition found a super majority vote of the City Council would be required. Mayor Newton clarified at the October 2, 2019, meeting there were nine letters in opposition to the case. The applicant requested a special meeting to be conducted City Council Minutes September 23, 2019 City of Colleyville Page 2 on September 23, 2019, as two City Councilmembers were not going to be in attendance at the October 2, 2019, meeting and the applicant did not want to wait until October 15, 2019. Mayor Newton also noted Councilmember Rigney could not be here due to prior commitments and she has not missed any previous meetings. Mayor Newton stated the opposition was concerned primarily about noise that may negatively affect the adjacent residences. Mayor Newton also stated the SUP requires the restaurant to have a TABC license which means regulation by the State, whereas BYOB is not regulated. Therefore, the restaurant will have responsibility to insure drinks are served properly. Mayor Newton stated the City also draws some authority and controls from the SUP. Mayor Newton stated at the October 2, 2019 meeting Mr. Pardo gave a good explanation of the restaurant, which is comparable to Loveria and Next, which is to say it will be a quality dining experience. Mayor Newton stated the applicant has agreed to limit the outdoor patio to acoustic music to reduce noise, the parking is 35 feet from the patio, a wall will be required, the dumpster enclosure will be composed of 8-foot masonry with a metal gate, and there will be enhanced vegetation buffers. Mayor Newton opened the public hearing at 6:14 p.m. Steve Symonds, 4513 Dartmoore, spoke in support of this item stating it is a nice restaurant, has a 10 p.m. close, and is closed Sundays. Mr. Symonds stated it is imperative to serve alcohol and the SUP offers the best control. The following did not wish to speak but wished to have their support recorded: Christine Glaser, 6909 Sir Spencer, Rusty and DeBright Nail, 4608 Dartmoore Lane, H. N. Symonds, 3136 Woodland Hts. Trail, Lee Koch, 900 Saddlebrook Drive, and Nabiha Saeed, 4513 Dartmoore Lane. There were no others wishing to speak and Mayor Newton closed the public hearing at 6:17 p.m. Paul Pardo, the applicant, answered questions of the City Council which included: Restaurant seating is planned to be 25-30 on the patio; 75-80 inside; the patio screens will be electric, and there will be no vocals. Mr. Pardo also agreed to call the business the Stone House Restaurant. Following discussion, City Council chose to add a stipulation which stated there will be no amplification, the outdoor music will be of an acoustical type with agreement by the applicant – Mr. Pardo. City Council Minutes September 23, 2019 City of Colleyville Page 3 Mayor Newton asked Mr. Pardo if he would agree to have the SUP expire with a change in ownership. Mr. Pardo explained his ownership plan and agreed to the stipulation. Mayor Newton called a recess to enter into Executive Session at 6:32 and reconvened the meeting at 6:55 p.m. From 6:56 p.m. to 7:00 p.m., there was a recording delay and no business was conducted. At 7:00 p.m. recording resumed and Mayor Newton stated the City Attorney has drafted the following amendments to the ordinance and asked Mr. Pardo if he is in agreement: b. The name of the business authorized for on-premise consumption alcohol sales by this Special Use Permit shall be called “Stone House Restaurant”. c. The Special Use Permit shall be issued solely to the entity 910 Proverbs, LLC, and shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. For the purposes of this Special Use Permit, a change in ownership shall include any change where more than twenty-five percent (25%) in the direct or indirect capital ownership of the entity occurs (whether through one or multiple transactions). d. Live music shall be limited to acoustic instruments only and shall remain subject to all state and local noise regulations. No amplification or loud speakers shall be used in connection with any live music within the interior or exterior of the premises. Mr. Pardo stated he agrees with the amendments. Councilmember Nakamura made a motion to approve Ordinance O-19- 2098 with the amendments as read and Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, and Kelley. Absent: 1 – Councilmember Callie Rigney. 4. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 7:04 p.m. City Council Minutes September 23, 2019 City of Colleyville Page 4 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF OCTOBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary