Loading...
HomeMy WebLinkAboutCity Council-Minutes-1/25/2012~'T'~ °F City of Colleyville City Hall ~- COLLEYVILLE Clty ~.OllllCl~ 100 Main Street Colleyville, Texas 76034 T~ X A ~ Agenda 817. 503.1000 www.colleyville.com Tuesday, December 13, 2011 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation of the Monthly Financial Report - November 2011 PC-2 Discussion of the December 13, 2011, City Council regular agenda items 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 551.072 - 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Bahai Community Church PLEDGE OF ALLEGIANCE: Cub Scout Pack 456, Den 10 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION- Resolution R-11-3436 City Council Agenda December 13, 2011 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the featured Colleyville business - Advanced Martial Arts - 4202 Colleyville Boulevard, Suite 102, - Loretta and J.P. Hamon, owners 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3437 4a Approval of a request for a final plat for Whittier Heights, Phase II Addition, located in the 400 block of McDonwell School Road and Providence Road, Case PC11-011 4b Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,000, and authorize the city manager to execute the agreement 4c Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1815 Approval of a request for a Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales - off-premise consumption on Lot 1R, Block 1, of the Davidson Addition located at 3900 Colleyville Boulevard, Case ZC11-022 5b 0-11-1816 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 5c 0-11-1817 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 5d 0-11-1818 Consideration of amendments to Chapter 6-Building Design in the Land Development Code, Case GC11-008 City Council Agenda December 13, 2011 5e 0-11-1819 Consideration of amendments to Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code, Case GC11-007 5f 0-11-1820 Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lot A1, Block 1, of the Highland Acres Addition, from a Single Family Land Use Designation to a Institutional Land Use Designation 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3438 Consideration of an appeal of the decision by the Sign Board of Appeals by Ron Bartusiak, for a variance regarding a monument sign on Lot 1, Block 2, of the Bransford Road Addition, located at 4701 Bransford Road, Case GC11-009 6b R-11-3439 Consideration of an appeal of the decision by the Sign Board of Appeals by ]eremiah Gore, for a variance regarding a development sign on Tracts 2C and 2D, Abstract 232 of the D.J. Beddo Survey located at 404 McDonwell School Road, Case GC11-O10 6C R-11-3440 Consideration of an appeal of the decision by the Sign Board of Appeals by Michael Todd, for a variance regarding a development sign on Lot 31x, Block B, of the Broughton Addition located at 1824 Hall-Johnson Road, Case GC11- 011 6d R-11-3441 Consideration of a Right-of-Way Encroachment and ]oint Use Agreement on Tract 2V, Abstract 1248, of the T.J. Polson Survey located at 509 Black Drive, Case GC11-012 6e R-11-3442 Consideration of changing terms and making appointments to the Architectural Review Commission 6f R-11-3443 Consideration of appointments to the Colleyville Center Advisory Committee 6g R-1i-3444 Consideration of appointments to the Historical Preservation Committee 6h R-11-3445 Consideration of appointments to the Parks and Recreation Advisory Board City Councii Agenda December 13, 2011 6i R-11-3446 Consideration of appointments to the Traffic Safety Advisory Committee 6j R-i1-3447 Appointing a Chairman of the Tax Increment Financing District Board of D i rectors 7. ORDINANCE: READING AND PUBLIC HEARING 7a 0-11-1813 Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-019 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Colleyville Tree Board Meeting Minutes - December 6, 2010 Parks and Recreation Advisory Board Meeting Minutes - August 1, 2011 Joint Parks and Recreation Advisory Board and Colleyville Trails and Sidewalks Committee Meeting Minutes - October 3, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 13, 2011 - Reading and Public Hearing - Resolution R-11-3448 11. ADJOURNMENT I hereby certify this agenda w~ 5: 00 p. m . ' ~ C hia ingleton, TRMC, CMC City Secretary s posted on City Hall bulletin boards December 9, 2011, by ~ 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. ~'' Y~ "F Cit of Colle ville ~~ y y 100CMta n Street COLLEYVILLE City Council Colleyville, Texas 76034 M i n utes 817. 503.1000 ~ E ~ '~ y www.colleyville.com Tuesday, December 13, 2011 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 13, 2011, at 5:36 p.m. Roll Call: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Michael Holder, Public Works Director Bob Lowry, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Community Development Director Ron Ruthven, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. PC-1 Presentation of the Monthly Financial Report - November 2011 Finance Manager Karen Hines presented the November 2011 Monthly Financial Report and answered questions of the City Council. Colleyville Center Manager Lin Przybyl provided information regarding the Colleyville Center 2012 projected revenues. PC-2 Discussion of the December 13, 2011, City Council regular agenda items Mayor Kelly provided clarification of Consent item 4a as to the location of the property for which a final plat is requested. Councilmember Taylor requested that an aerial with an overlay of the proposed lot layout be included in future considerations for final plat approval. Mayor Kelly stated agenda item 6j is appointing a chairman to the Tax Increment Financing (TIF) District Board of Directors and Mayor Kelly stated he would like to continue to serve as chairman of the TIF Board. There was discussion of the order of agenda items to be considered during the regular meeting. ~y , . A : ~ =s ~ , ~_: . s ..,,~ . ~ . , , . Y . . . ~ . , .. . , City Council Minutes December 13, 2011 Community Development Director Ron Ruthven stated, agenda item 5a, Approval of a request for a Special Use Permit (SUP) for a convenience store with gasoline sales and alcoholic beverage sales off-premise consumption at 3900 Colleyville Boulevard, 7-Eleven representatives are concerned about tying the SUP to the ownership because the store may be sold and would prefer to tie the SUP to abandonment of the business as a 7-Eleven. Discussion ensued regarding the process for maintaining a Texas Alcoholic Beverage Commission license and circumstances of revocation of the license to sell alcohol. City Attorney Matthew Boyle stated the City has the ability to initiate a zoning change to revoke a SUP. Mayor Kelly stated additional information has been provided related to agenda item 5c, Approval of a request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard. Discussion ensued regarding the Kroger Shopping Center access, the parking lot configuration, traffic flow and calming devices, and pedestrian safety. Mayor Kelly adjourned the Pre Council meeting at 6:15 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 6:16 p.m. Roll Call: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, ]ody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Michael Holder, Public Works Director Bob Lowry, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Community Development Director Ron Ruthven, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Information Systems 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 City Council Minutes December 13, 2011 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 Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:16 p.m. and reconvened at 7:36 p.m. INVOCATION: Neda Moayad, Colleyville Baha'i Community Church PLEDGE OF ALLEGIANCE: Cub Scout Pack 456, Den 10 Mayor Kelly wished everyone a Merry Christmas and expressed appreciation to Cub Scout Pack 456, Den 10, for leading the Pledge of Allegiance. 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION- Resolution R-11- 3436 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin announced a potluck dinner is held every Tuesday at the Colleyville Senior Center and attendees bring their favorite dishes. The recipes were so popular the recipes were published in a book titled Recipes To Remember. The books may be purchased for $10.00 at the Colleyville Senior Center and the proceeds go to the Senior Center activity fund. Mayor Kelly recognized Colleyville business Advanced Martial Arts and owners Loretta and J.P. Hamon. Ms. Hamon spoke regarding the benefits of practicing the martial arts and invited citizens of all ages to visit the martial arts facility at 4902 Colleyville Boulevard. ~. City Council Minutes December 13, 2011 Mayor Kelly expressed appreciation to all board, commission and committee members and City staff for their work and dedication to making Colleyville a great City. Mayor Kelly announced the parent organization of the Dallas Business Journal voted Colleyville the 10t" best city to live in among 13 southern cities, and expressed appreciation to the citizens, volunteers and staff for their contributions to receiving this award. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3437 4a Approval of a request for a final plat for Whittier Heights, Phase II Addition, located in the 400 block of McDonwell School Road and Providence Road, Case PC11-011 4b Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,000, and authorize the city manager to execute the agreement 4c Approval of an Interlocal Agreement and funding for the Metroport Teen Court program Mayor Kelly read Resolution R-11-3437 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Community Development Director Ron Ruthven stated item 4a is consideration of platting property that was originally zoned in 2003 under a Planned Unit Development (PUD) ordinance that allows residential lots. The developer is proposing to plat six single residential lots and it meets all of the requirements of the Land Development Code. Mayor Kelly moved to approve Resolution R-11-3437. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor - .~ , ~ ~~. ~ .. . ~,. ~ .~ .. .: n.. ..,~„ . ~ ~. ~ ~. , . ,. ~.. . ~ .F., . . , ~,, ,, r . _~ ~ , ._ . City Council Minutes December 13, 2011 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1815 Approval of a request for a Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales - off-premise consumption on Lot 1R, Block 1, of the Davidson Addition located at 3900 Colleyville Boulevard, Case ZC11-022 Mayor Kelly read the caption of Ordinance 0-11-1815. Community Development Director Ron Ruthven stated the masonry materials that make up the fa~ade and the columns has been changed in the proposed ordinance to read as follows: The masonry material shown at the base of the support columns for the gas station canopy and the base of the front and side elevations of the primary building, as depicted on exhibits '~D" and "E" shall be composed of natural stone. Also, all required masonry portions of any monument sign constructed on the subject property shall be composed of natural stone. Mr. Ruthven further stated that the applicant requests that 5d, Development Requirements, be changed to read as follows: The Special Use Permit shall expire upon the abandonment of the business as a 7-Eleven, a change in the use from a 7- Eleven or upon the expiration or termination of the Certificate of Occupancy. Mayor Kelly opened the public hearing. Mr. Michael Montgomery, Verdad Real Estate, 502 North Carroll Avenue, Southlake, Texas, representing the applicant, stated the masonry rock will be continued around the entire building and requested the language of 5d, Development Requirements, of the proposed ordinance read as follows: The Special Use Permit shall expire upon the abandonment of the business as a 7-Eleven, a change in the use from a 7-Eleven or upon the expiration or termination of the Certificate of Occupancy. Mr. Montgomery also stated pedestrian safety will be addressed with the installation of a marked crosswalk and anticipates opening the store Spring 2012. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Community Development Director Ruthven requested the following language be added to the proposed ordinance: Upon the abandonment of the business as a 7-Eleven as described in Exhibit "B". Mayor Kelly moved to approve Ordinance O-1i-1815, with the additional language in 5d as follows: the Special Use Permit shall automatically expire City Council Minutes December 13, 2011 upon the abandonment of the business as 7-Eleven or a change in use as 7-Eleven as described in Exhibit "B" or upon the termination or expiration of the Certificate of Occupancy in 5d. Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, ]ody Short, Mike Taylor 5b 0-11-1816 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 Mayor Kelly read the caption of Ordinance 0-11-1816. Mayor Kelly opened the public hearing. Mr. Jimmie Archie, 74 Casa Lane, apologized for any statement made during the December 6, 2011 City Council meeting that may have appeared disrespectful, requested support of the proposed ordinance and suggested a City Council worksession be held to discuss further development in the Village and review a list of prospects for the Village. Ms. Melanie Edmondson, 3902 Pembrooke Parkway West, read a letter from Dr. David Kim in support of the proposed ordinance. Mr. Tom Miller, 87 Casa Lane, spoke in support of the proposed ordinance and the impact of the proposed ordinance related to daytime traffic. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding future potential zoning, development, and retail tenants of the Village Front Door property. Councilmember Muhm moved to approve Ordinance 0-11-1816. Mayor Pro Tem Hart seconded the motion. Citv Council Minutes December 13, 2011 Mayor Kelly made a friendly amendment that the zoning be subject to change in ownership of the property to Dr. Kim or controlled by Dr. Kim and in the absence of such ownership change, the ordinance would not be in effect. Councilmember Muhm and Mayor Pro Tem Hart accepted the friendly amendment. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 5c 0-11-1817 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 Mayor Kelly read the caption of Ordinance 0-11-1817. Community Development Director Ron Ruthven stated the following language has been added to the Section 4.1.c. of the proposed ordinance: Prior to the issuance of the certificate of occupancy, a 24 foot wide access lane shall be installed linking Glade Road to the existing access easement that connects to Village Lane. The access lane alignment shall be generally consistent with Exhibit "D". The lane shall be depicted on a site plan that meets the requirements of Section 1.18(B)12 of the Land Development Code and said access lane shall provide for the safety of pedestrians and the calming of traffic. Final approval of the access lane alignment and safety and traffic calming features on the site plan shall be required by the City engineer prior to installation of said lane. Mr. Ruthven also stated the applicant has provided a new Exhibit "D", which was provided to City Council during the Pre Council meeting this evening and the following was also added to the proposed ordinance: upon issuance of the certificate of occupancy, all existing parking spaces provided on the subject property are hereby deemed to be in compliance with Section 3.29(J) Parking Group Schedule of the Land Development Code. This statement shall only apply in conjunction with the specific proyis~~ns and allowances of this Special Use Permit. Mayor Kelly opened the public hearir~~;~. Mr. Chris Biggers, Dunaway Associates, 550 Bailey, Fort Worth, Texas, applicant, was present to answer questions of the City Council. City Council Minutes December 13, 2011 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the parking lot configuration, process for filing the final plat and installation of traffic calming devices in the parking lot. Mr. Greg Allman, Raymond Harris and Associates Architects, Dallas, Texas, stated the building design elements have not been approved by Walmart and are not available at this time. Discussion continued regarding the building design scoring process. Mayor Kelly moved to approve Ordinance 0-11-1817. Councilmember Hall seconded the motion. Community Development Direct~r Ruthven clarified that the new Exhibit "D" will be added to the ordinance. Mayor Kelly stated that the applicant will also work with staff regarding traffic calming devices to ensure a high level of pedestrian safety. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 5d 0-11-1818 Consideration of amendments to Chapter 6-Building Design in the Land Development Code, Case G~Cil-OC£3 Mayor Kelly read the caption of Ordinance 0-11-1818. Community Development Director Ron Ruthven stated this item is for City Council's consideration of proposed amendments to Chapter 6-Building Design in the Land Development Code and provided a summary of the proposed amendments. Mayor Kelly opened the public hearing. There was no one present wishin~ to speak and Mayor Kelly closed the public hearing. ~ ~p , ~ ~ , ~.. ~ _, City Council Minutes December 13, 2011 Discussion ensued regarding the color palette in the building colors section of the proposed amendments. Councilmember Muhm requested specificity in the color palette. Community Development Director Ruthven stated there is an appeal process if the applicant disagrees with a staff ruling and stated signs are subject to the color palette. City Manager Jennifer Fadden stated these requirements will not apply to existing buildings that are under occupancy today. Discussion continued regarding the definition of ~~existing" building. Mayor Kelly expressed appreciation to ~he Architectural Review Commission, Planning and Zoning Commission, Ci~y Council and staff for development of the building design standards. Mayor Kelly moved to approve Ordinance 0-11-1818. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 5e 0-11-1819 Consideration of amendments to Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code, Case GCil-007 Mayor Kelly read the caption of Ordinance 0-11-1819. Community Development Director Ron Ruthven stated Mr. Brian Hudler, Enrisk, representing the corporate insurance industry, is present to answer questions related to the insurance liability requirements and distributed an insurance matrix, which outlines nine other cities oil and gas insurance requirements. Mayor Kelly opened the public hearing. Mr. Brian Hudler, Enrisk, 6100 Western Place, Fort Worth, Texas, spoke regarding city required insurance requirements and stated it appears the , ..Ya yX ~~ . ~ . ,. ,. .. .w --.i .,~ .. .v. ~i.~. . ~:A,. . ~.., . -,. ., . ~: v~P. ... i-.. ns.~ . * n;t"n ^^ . ~ ~ City Council Minutes December 13, 2011 City is requiring $50,000,000 in gradual seepage or pollution coverage, which is unavailable to any operator. Mr. Chris Hammack, Titan Operating, lii West Fourth Street, Fort Worth, Texas, spoke regarding the City's proposed ordinance and insurance matrix. Mr. Mark Davidovich, Chesapeake Energy, 100 Energy Way, Fort Worth, Texas, asked if the City seeks additional natural gas development in the City limits and spoke regarding unnecessary regulations, the economic benefits of natural gas production and requested the City not duplicate regulations that are established by state and national regulatory agencies. Mr. David Adams, 110 Wilmington Court, Southlake, Texas, spoke regarding water conservation and the use of City water for fracking and requested a City moratorium on new permits and to strengthen ordinances related to drilling. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the scope of the energy company insurance coverage. City Attorney Matthew Boyle confirmed the City is not liable for accidents related to the gas driller's operation. Discussion continued regarding the structure of the insurance categories, coverage, and policy content. Councilmember Muhm requested staff review the insurance limits to ensure the limits are reasonable and prudent. Director Ruthven reviewed the process for determining the proposed insurance coverage amounts. Mr. Hudler spoke regarding the inabiiity of energy corporations to obtain certain insurance policy coverage amounts. Councilmember Wollin requested information related to the pipeline liability insurance coverage. Mayor Kelly requested additional information regarding proper risk management related to gas well drilling. Mayor Kelly moved to continue the public hearing of Ordinance 0-11-1819 to the January 3, 2012 City Council meeting. City Council Minutes December 13, 2011 Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Mayor Kelly recessed the meeting at 10:13 p.m. and reconvened at 10:23 p.m. 5f O-1i-1820 Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lot A1, Block 1, of the Highland Acres Addition, from a Single Family Land Use Designation to a Institutional Land Use Designation Mayor Kelly read the caption of Ordinance 0-11-1820. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-11-1820. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3438 Consideration of an appeal of the decision by the Sign Board of Appeals by Ron Bartusiak, for a variance regarding a monument sign on Lot 1, Block 2, of the Bransford Road Addition, located at 4701 Bransford Road, Case GC11-009 Mayor Kelly read Resolution R-11-3438 in its entirety. Community Development Director Ron Ruthven stated on November 8, 2011, the Sign Board of Appeals denied a variance request submitted by Lynn Bural on behalf of Sunbelt Gymnastics, regarding an electronic sign ,,.M ,z~„ ..a.. .w w . . , . M ~. r ~ ., r z . fi... .e. . a . . .. City Council Minutes December 13, 2011 located at 4701 Bransford Road. The applicant is requesting a variance to allow an electronic changing message board or scrolling message sign to change slogans more than once every five minutes. Mr. Ruthven further stated the Sign Board of Appeals recommended denial. Mayor Kelly opened the public hearing. Mr. Ron Bartusiak, 4701 Bransford Road, applicant, spoke regarding the need for the sign to scroll to provide information to clients of the gymnastics center. Mr. Lynn Bural, 5115 Colleyville Boulevard, spoke regarding the location of the gymnastics facility and need for a scrolling message board. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the circumstances of the installation of the existing sign and basis for the sign regulations. Director Ruthven stated the sign regulations will be reviewed and presented to City Council Councilmember Muhm moved to approve Resolution R-11-3438, with the amendment that the electronic message shall not change more often than every ten (10) seconds, and sign graphics, other than text, will meet the minimum time limitations of the Land Development Code. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Nay: Mayor David Kelly 6b R-11-3439 Consideration of an appeal of the decision by the Sign Board of Appeals by Jeremiah Gore, for a variance regarding a development sign on Tracts 2C and 2D, Abstract 232 of the D.]. Beddo Survey located at 404 McDonwell School Road, Case GC11-010 Mayor Kelly read Resolution R-11-3439 in its entirety. -,..`..4_~ ~ . C . ~~::~N ' .~: ..~ . ~~ 4 . . . i,. ~,-~ , ,,.~. , y.,.:.°, „ ., . ~ . ~ ~ .:~.. ,. .,. ~:.~~ . . ~ . , ,~~ ~'r . Council Minutes December 13, 2011 Mayor Kelly stated Toll Brothers, Inc., requested the Whittier/Old Grove and Broughton appeal of the Sign Board of Appeals decision regarding the sign regulations related to a development sign be moved to the January 3, 2012 City Council meeting. Mayor Kelly opened the public hearing. Mr. David Hager, 6812 Whittier Lane, stated residents will be working with Toll Brothers to come to a mutually agreeable decision regarding this matter and supports the request for tabling this matter and further spoke regarding the sign design. Mr. Ennio Morabito, 6812 Whittier Lane, spoke in support of tabling the item. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to continue consideration of Resolution R-11-3439 and the public hearing to the January 3, 2012 City Council meeting. Mr. Don Perfect, 1909 Camden Court, spoke regarding the type of advertising sign used by Toll Brothers, Inc. Mr. David Hager spoke regarding the actions of Toll Brothers, Inc., and various other builders in the Whittier Heights subdivision. Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 6c R-i 1-3440 Consideration of an appeal of the decision by the Sign Board of Appeals by Michael Todd, for a variance regarding a development sign on Lot 31x, Block B, of the Broughton Addition located at 1824 Hall-Johnson Road, Case GC11-011 Mayor Kelly read Resolution R-11-3440 in its entirety. Mayor Kelly stated Toll Brothers, Inc., requested the Whittier/Old Grove and Broughton appeal of the Sign Board of Appeals decision regarding the sign ~ ,; -~; ~ m , . ~, r ,~., ~ w . ~~, ~ , .. . ~~ . , Citv Council Minutes December 13, 2011 regulations related to a development sign be moved to the January 3, 2012 City Council meeting. Mayor Kelly opened the public hearing. Mr. Don Perfect, 1909 Camden Court, spoke regarding the number of builders in the Broughton subdivision. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to continue consideration of Resolution R-11-3440 and the public hearing to the January 3, 2012 City Council meeting. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, ]ody Short, Mike Taylor 6d R-i1-3441 Consideration of a Right-of-Way Encroachment and Joint Use Agreement on Tract 2V, Abstract 1248, of the T.J. Polson Survey located at 509 Black Drive, Case GC11-012 Mayor Kelly read Resolution R-11-3441 in its entirety. Community Development Director Ron Ruthven stated the applicant is requesting approval of a right-of-way encroachment and joint use agreement for an existing structure located at 509 Black Drive. This structure was built in 1900. The encroachment of the structure is the result of a recently approved plat on the property where additional ROW for Black Drive was required to be dedicated. The property is 2.9 acres. The applicant wishes to build a new single family home behind the existing home, while preserving the existing home, given its historic nature and unique architecture. The applicant is also requesting a variance to the front setback requirement, which will be ccnsidered by the ZBA on December 14, 2011. Mr. Ruthven also stated the applicant was required to dedicate 10 feet of additional ROW along Black Drive in order to meet the minimum requirement of 25 feet from the street centerline given the 50 foot minimum ROW requirement for local streets in the Land Development Code. The home encroaches a total of 3.9 feet into the Black Drive ROW with a total ROW encroachment area by the structure of 82.8 feet. Staff does City Council Minutes December 13, 2011 recommend denial due to technical non-compliance with the Land Development Code, however, there is precedent for previous right-of-way encroachment and joint use agreements. Since 2000, there have been five approved by City Council. Mayor Kelly opened the public hearing. Mr. Sam Knoll, 2404 Arborgate Lane, representing the applicant, was present to answer questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Director Ruthven stated there are no scheduled improvements planned for Black Drive, therefore; the existing utility placements will remain. Mayor Kelly moved to approve Resolution R-11-3441. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 6e R-11-3442 Consideration of changing terms and making appointments to the Architectural Review Commission Mayor Kelly read Resolution R-11-3442 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 Gerald Ward, Jeffrey Ground, and Kevin Procaccino to the Architectural Review Commission for a term expiring December 2013. There were no other nominations. Citv Council Minutes __ December 13, 2011 Councilmember Wollin moved to approve Resolution R-11-3442, appointing Gerald Ward, Jeffrey Ground and Kevin Procaccino to the Architectural Review Commission for a term expiring December 2013. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 6f R-11-3443 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-11-3443 in its entirety. Mayor Kelly opened the publi~ hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Hall nominated the following persons for the Colleyville Center Advisory Committee in at-large positions: Deena Dendy, Mark Johnson, Fred Mills, Steve Burak, and Kirsten Isensee and Jon Bullock representing the Colleyville Rotary Club, Darla Dennison representing the Colleyville Woman's Club, and Connie Nichols representing the Arts Council Northeast. There were no other nominations. Councilmember Hall moved to approve Resolution R-11-3443, appointing the following persons to the Colleyville Center Advisory Committee in at- large positions: Deena Dendy, Mark Johnson, Fred Mills, Steve Burak and Kirsten Isensee and Jon Bullock representing the Colleyville Rotary Club, Darla Dennison representing the Colleyville Woman's Club and Connie Nichols representing the Arts Council Northeast to a term expiring December 2013. Councilmember Wollin seconded the motion. City Council Minutes December 13, 2011 The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, ]ody Short, Mike Taylor 6g R-11-3444 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-11-3444 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 Taylor nominated Gigi Walker, Steve Burak, Brent Davis and Thomas Parker to the Historical Preservation Committee with a term expiring September 2013. There were no other nominations. Councilmember Taylor moved to approve Resolution R-11-3444, appointing Gigi Walker, Steve Burak, Brent Davis and Thomas Parker to the Historical Preservation Committee with a term expiring September 2013. Councilmember Short seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 6h R-i1-3445 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-i1-3445 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Citv Council Minutes December 13, 2011 Mayor Kelly opened the floor for nominations. Mayor Kelly nominated Kenneth Llewellyn, Place 2; Thomas Parker, Place 4; Kathryn Wheat, Place 6; and Brett Oliver, Place 8 to the Parks and Recreation Advisory Committee with a term expiring December 2013. There were no other nominations. Mayor Kelly moved to approve Resolution R-11-3445 appointing Kenneth Llewellyn, Place 2; Thomas Parker, Place 4; Kathryn Wheat, Place 6; and Brett Oliver, Place 8, to the Parks and Recreation Advisory Committee with a term expiring December 2013. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Stan Hall, Jody Short, Mike Taylor Nay: Councilmember Michael Muhm 6i R-11-3446 Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-11-3446 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the pubfic hearing. Mayor Kelly opened the floor for nominations. Councilmember Short nominated Sean Bryan, Jim Tressler and Janet Suedmeier to the Traffic Safety Advisory Committee for a term expiring December 2013. There were no other nominations. Councilmember Short moved to approve Resolution R-11-3446, appointing Sean Bryan, Jim Tressler, and Janet Suedmeier to the Traffic Safety Advisory Committee for a term expiring December 2013. Mayor Kelly seconded the motion. ~, . ..u ; .~. ~,ti Citv Council Minutes December 13, 2011 The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 6j R-11-3447 Appointing a Chairman of the Tax Increment Financing District Board of D i recto rs Mayor Kelly read Resolution R-11-3447 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 Hall nominated Mayor Kelly Chairman of the Tax Increment Financing District Board of Directors with a term expiring December 2012. There were no other nominations. Councilmember Hall moved to approve Resolution R-11-3447, appointing Mayor Kelly Chairman of the Tax Increment Financing District Board of Directors. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor City Manager Jennifer Fadden stated the Tax Increment Financing District Board of Directors' meeting is normally held in ]uty. 7. ORDINANCE: READING AND PUBLIC HEARING 7a 0-11-1813 Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-019 Mayor Kelly read the caption of Ordinance O-i1-1813. , ~u~ , ..~ r.~ . ~ ~ , a 4 . _;. , ~. : t~r ~ . M , . .. ~., Citv Council Minutes December 13, 2011 Community Development Director Ron Ruthven stated the following language has been added to the proposed ordinance: In order to promote the safety of pedestrians and slow the speed of vehicle traffic between the gas pumps and the front of the store, speed bumps shall be installed between the existing gas pump islands and the backs of the parking stalls along the front of the primary building in order to promote pedestrian safety. The final location and placement of the speed bumps shall be approved by the City engineer prior to the issuance of the certificate of occupancy. Mayor Kelly opened the public hearing. Mr. Mark Assaud, ANA Consultants, 1331 Airport Freeway, Euless, Texas, presented information regarding parking spaces, size of store, pedestrian safety on the site, car wash customer volume, and the decline of sates volume. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the SH26 ingress and egress onto the property, traffic volume, traffic flow between the property and the offices on the east side, and the history and success of the business. Mayor Pro Tem Hart moved to approve Ordinance 0-11-1813. Councilmember Wollin seconded the motion. Mayor Kelly made a friendly amendment to require that all signs advertising the package store meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code and upon demolition or removal of the sign, the replacement sign will be exempt from the setback requirements for monument signs except the new sign shall meet all visibility requirements of the Land Development Code. Mayor Pro Tem Hart and Councilmember Wollin accepted the friendly amendment. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Stan Hall, ]ody Short, Mike Taylor Nay: Michael Muhm City Council Minutes December 13, 2011 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS Colleyville Tree Board Meeting Minutes - December 6, 2010 Parks and Recreation Advisory Board Meeting Minutes - August 1, 2011 Joint Parks and Recreation Advisory Board and Colleyville Trails and Sidewalks Committee Meeting Minutes - October 3, 2011 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 13, 2011 - Reading and Public Hearing - Resolution R-1i-3448 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 with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Mayor Kelly wished everyone a Merry Christmas and Happy New Year. Mayor Kelly adjourned the meeting at 11:23 p.m. APPROVED BY A VOTE OF AYES, _ NAYS AND ~ ABSTENTIONS ON THIS THE / DAY OF 2012. Minutes ta n nd pre . • L~ /~-~ Cy ia Sin eton, TRMC, CMC City Secretary ( M h x~