HomeMy WebLinkAboutCity Council-Minutes-1/25/2012~'T'~ °F City of Colleyville City Hall
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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
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C hia ingleton, TRMC, CMC
City Secretary
s posted on City Hall bulletin boards December 9, 2011, by
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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.
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COLLEYVILLE City Council
Colleyville, Texas 76034
M i n utes 817. 503.1000
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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 .
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Cy ia Sin eton, TRMC, CMC
City Secretary
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