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HomeMy WebLinkAboutCity Council-Minutes-9/4/2007,s , `City of Colleyville Colleyville aTexas 76034 ,~~ ~:" 7;~ (817) 503-1000 ~q~~a Agenda www.colleyville.com ~s ,.,- City Council Tuesday, September 4, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of proposed Ordinance related to the installation of rain and freeze sensors PC-2 Consideration of appointment of City Councilmembers to TEX-21 PC-3 Discussion of the September 4, 2007 City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Cify of Colleyville Page 1 Printed on 8/31/2007 City Council Agenda September 4, 2007 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2874 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of the inaugural Citizen's Fire Academy -Mike Johnston, Fire Chief In recognition of National Preparedness Month -Andrea Renegar, Deputy Emergency Preparedness Coordinator Presentation Presentation to Doug Ray, Torch Run Director for Texas, Special Olympics Texas on behalf of the City of Colleyville and the Colleyville Old-Tyme Cook-off -Detective Kevin Walling and Colleyville Business Owners Charlie and Faye Hall In recognition of the Colleyville Citizen's Fire Academy graduates -Mike Johnston, Fire Chief 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2875 4a Approval of the minutes of the regular City Council meeting held on August 21, 2007 4b Approval of the minutes of the Special City Council meeting held on August 15, 2007 4c Approval of the annual review of the City's Investment Policy 4d Approval of a Pledge Agreement with the Federal Reserve Bank far bank depository account collateral City of Colleyville Page 2 Printed on 8/31/2007 City Council Agenda September 4, 2007 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for Fiscal Years 2008-2012 (FY 2008-2012) of the Colleyville Economic Development Corporation 4f Approval of a Supplemental Agreement for Professional Services with Dannenbaum Engineering Corporation for the L.D. Lockett Road Ground Storage Tank and Pump Station, in the amount of $40,000, and authorize the City Manager to execute the agreement 4g Approval of bid from National Business Furniture to purchase office furnishings for the new fire stations, in the amount of $41,314.60 4h Approval of an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4i Approval of a second amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4j Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 4k Approval of aCity-Developer Agreement with Covington Partners, LLC, for the Covington Addition, and authorize the City Manager to execute the Agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1630 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 2, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 5b 0-07-1631 Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-027 5c 0-07-1632 Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 City of Colleyville Page 3 Printed on 8/31/2007 City Council Agenda September 4, 2007 5d 0-07-1633 Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1634 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 6b 0-07-1635 Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 6c 0-07-1636 Adoption of the proposed Fiscal Year 2008 (FY 2008) Budget 6d 0-07-1637 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2008 (FY 2008) 6e 0-07-1638 Amending Ordinance 0-92-880 setting fees and charges for City facilities 6f 0-07-1639 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2008 (FY 2008) Budget 6g 0-07-1640 Approval to amend Ordinance 0-95-999, Section 2, modifying the transfer for franchise fees from the Utility Fund to the General Fund 6h 0-07-1641 Authorizing the City Manager to transfer unspent Fiscal Year 2007 (FY 2007) General Fund budget appropriations for street resurfacing maintenance and building inspection software acquisition from the General Fund to the Capital Projects Fund on September 30, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2876 Consideration of a variance for Broadland Limited Partnership to retain the usage of three temporary fire hydrant meters located within Whittier Heights 7b R-07-2877 Consideration of a Gas Reliability Infrastructure Program (GRIP) Rate Request by Atmos Energy Corporation, Mid-Tex Division City of Colleyville Page 4 Printed on 8/31/2007 City Council Agenda September 4, 2007 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Colleyville Center Advisory Committee Minutes -May 21, 2007 Parks and Recreation Advisory Board Minutes -June 4, 2007 Colleyville Center Marketing Subcommittee Minutes -June 18, 2007 Senior Center Advisory Committee Minutes -July 19, 2007 Planning and Zoning Commission Minutes -August 13, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 4, 2007 -Reading and Public Hearing -Resolution R-07-2878 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 31, 2007, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. Cify of Colleyville Page 5 Printed on 8/31/2007 100 Main Street ~,~ ~`,, City of Colleyville Colleyville, Texas 76034 ~ ~ ;~~_ ~~~~,~ (817) 503-1000 ~~ City Council Minutes www.colleyville.com ,;.>., City Council Tuesday, September 4, 2007 5:30 PM CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 4, 2007, at 6:03 p.m. Mayor Kelly announced that Agenda Item 5c would be considered prior to Agenda Items 5a and 5b and a recess would be taken between the first reading and second reading ordinances. ROLL CALL: Councilmembers Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Fire Chief Mike Johnston, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Finance Director Terry Leake, Director of Development and Business Strategies Chris Fuller, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin was absent. PC-1 Discussion of proposed Ordinance related to the installation of rain and freeze sensors Public Works Director Steve Chutchian provided an overview of the proposed ordinance related to the installation of rain and freeze sensors, information regarding the plan for assisting citizens with compliance of the proposed ordinance and answered questions of the City Council. There was general discussion regarding the incentive for the installation of the rain and freeze sensors and the enforcement of the proposed ordinance. PC-2 Consideration of appointment of City Councilmembers to TEX-21 City Manager Bill Lindley provided information regarding the designation of a member of the City Council to serve on Transportation Excellence for the 21st Century. City of Colleyville Page 1 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 PC-3 1. ROLL CALL: Councilmembers Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Director of Development and Business Strategies Chris Fuller, Community Development Coordinator Ron Ruthven, Economic Development Manager Scott Welmaker, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin was absent. Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville City Council determined that Mayor Kelly would serve as the primary member and Councilmember Hendler would serve as the alternate member. Discussion of the September 4, 2007 City Council regular agenda items There was general discussion regarding Agenda Item 5a, the proposed Shops at Colleyville development and the Village at Colleyville regarding the size of the residential units and the demand for these properties and the future development of the Village at Colleyville. There being no further business, Mayor Kelly adjourned the meeting at 6:33 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 4, 2007, at 6:34 p.m. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.074, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:35 p.m. and reconvened at 7:35 p.m. INVOCATION: Dr. David Parmer, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2874 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced that Agenda Item 5c would be considered prior to Agenda Items 5a and 5b and a recess would be taken between the first reading and second reading ordinances. Mayor Kelly invited citizens to participate in the 2007 Freedom Walk iri White Settlement, on Tuesday, September 11, 2007 at 9:00 a.m., which is an event to reflect on the lives lost on September 11, 2001. He further stated additional information regarding the event is provided on the City's web site. Mayor Kelly recognized and presented certificates to the inaugural Citizen's Fire Academy graduates Rosely Altschul, Bo Bottger, Kelly Cooper, Bette Guest, Stan Hall, Gay Hardie, Virginia Hildebrandt, David Kelly, Dorcas Kirk, Jan Lisle, Tom Lisle, Michael Muhm and Anthony Musso and Fire Chief Mike Johnston. City of Colleyville Page 3 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Fire Chief Mike Johnston invited citizens to attend the next Citizen's Fire Academy and to call the Fire Department for additional information. Ms. Andrea Renegar, Deputy Emergency Management Coordinator, expressed appreciation to the citizens and firefighters who participated in the academy and to Councilmember Hendler for his participation. Mr. Michael Muhm, on behalf of the inaugural class, presented a plaque to Mike Johnston, Fire Chief and Andrea Renegar, Deputy Emergency Management Coordinator, expressing appreciation for development of the program. Mayor Kelly presented a Proclamation, in recognition of National Preparedness Month, to Andrea Renegar, Deputy Emergency Management Coordinator. Ms. Renegar distributed KnoWhat2Do kits, which teach how to Think, Prepare and Act to protect your personal safety and the safety of those around you, to City Council and invited citizens to attend Tarrant County Disaster Preparedness Road Show on tour at Market Street on Sunday, September 9, 2007, at 2:00 p.m. and encouraged families to plan and be prepared for emergency situations. Police Investigator Kevin Walling and Charlie and Faye Hall, who coordinated the Colleyville BBQ event in support of Special Olympics, presented a check, in the amount of $16,000, to Mr. Doug Ray, Torch Run Director for Texas Special Olympics. Mr. Ray expressed appreciation to the City Council and City Manager Bill Lindley for generously supporting the event. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2875 4a Approval of the minutes of the regular City Council meeting held on August 21, 2007 4b Approval of the minutes of the Special City Council meeting held on August 15, 2007 4c Approval of the annual review of the City's Investment Policy 4d Approval of a Pledge Agreement with the Federal Reserve Bank for bank depository account collateral City of Colleyville Page 4 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for Fiscal Years 2008-2012 (FY 2008-2012) of the Colleyville Economic Development Corporation 4f Approval of a Supplemental Agreement for Professional Services with Dannenbaum Engineering Corporation for the L.D. Lockett Road Ground Storage Tank and Pump Station, in the amount of $40,000, and authorize the City Manager to execute the agreement 4g Approval of bid from National Business Furniture to purchase office furnishings for the new fire stations, in the amount of $41,314.60 4h Approval of an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4i Approval of a second amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4j Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 4k Approval of aCity-Developer Agreement with Covington Partners, LLC, for the Covington Addition, and authorize the City Manager to execute the Agreement Mayor Kelly read Resolution R-07-2875 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2875. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin City of Colleyville Page 5 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1630 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 2, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 Mayor Kelly read the caption of Ordinance 0-07-1630. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a zoning change from CC1 Village Retail to Planned Unit Development Commercial and a summary of proposed changes. Mayor Kelly opened the public hearing. Mr. Jimmie Archie, 74 Casa Lane, applicant, spoke regarding parking, number of residential units in the Village at Colleyville and the proposed development, residential unit amenities, Phase I and Phase II development and the Village of Colleyville market study. Ms. Ginger Bergman, 88 Casa Lane, spoke in support of the proposed ordinance and regarding the amenities of living in the Village at Colleyville. Mr. Steve Isbell, 5112 Oak Timbers Court, spoke in favor of the proposed ordinance and regarding the redevelopment of commercial property on SH26. Mr. Jimmie Archie, applicant, answered questions of the City Council and spoke regarding project financing and market demand for residential units. Councilmember Taylor moved to approve Ordinance 0-07-1630, with the proposed changes. Mayor Kelly seconded the motion. The motion was not approved by the following vote: Aye: 3 -David Kelly, Jon Ayers, Mike Taylor Nay: 3 -Tony Licata, Rich Hendler, Tom Hart Absent: 1 -Carol Wollin City of Colleyville Page 6 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Mayor Pro Tem Ayers moved to reopen the public hearing and continue the hearing to the September 18, 2007, City Council meeting. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 5b 0-07-1631 Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-027 Mayor Kelly read the caption of Ordinance 0-07-1631. Community Development and Business Strategies Director Chris Fuller provided an overview of the revised site plan and stated since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. Mayor Kelly opened the public hearing. Mr. Scott Van Doren, applicant, spoke regarding SH26 development, the cost of a car wash, demographics, egress and ingress from proposed facility, traffic engineer study of Colleyville Boulevard, project financing and proximity of project to residential area. Mr. Michael Muhm, 6607 Connie Lane, representing the Ross Downs Homeowner's Association, spoke in opposition to the proposed ordinance and regarding traffic concerns, second use of proposed facility and projected tax revenue. Mr. Dennis McCain, 6509 Meade Drive, spoke in opposition to the proposed ordinance and regarding the request for a Special Use Permit for alcohol sales and potential development of the property. Mr. Ron Reed, 6802 India Court, spoke in opposition to the proposed ordinance and regarding traffic concerns. Mr. G.R. Turner, 6405 Wallace Lane, spoke in opposition to the proposed ordinance and regarding the number of area car washes, area businesses that sell alcohol and traffic concerns. City of Colleyville Page 7 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Mr. Ken Green, 5402 Juniper Court, spoke in opposition to the proposed ordinance and regarding the redevelopment of SH26 and the conversion of the proposed car wash facility in the event of closure. Mr. Michael Farrell, 2504 Twelve Oaks Lane, spoke in opposition to the proposed ordinance, property values, traffic concerns, alcohol sales and potential development of property. Mr. John Spivey, 2101 Tarrant Lane, spoke in opposition to the proposed ordinance and regarding traffic concerns related to Kimzey Park and the highest and best use of the property. Mr. John Williams, 6601 Kennedy Drive, spoke in opposition to the proposed ordinance and regarding the egress and ingress to the proposed facility. Ms. Donna Williams, 6601 Kennedy Drive, spoke in opposition to the proposed ordinance. Mr. Robert Hodgson, 6403 Wallace Lane, spoke in opposition to the proposed ordinance and regarding the services and price of local car washes. Ms. Peggy Jenkins, 2010 Kyle Court, spoke in opposition to the proposed ordinance and regarding traffic concerns along SH26. Mr. Dave McCormack, 6612 McMakin Court, spoke in opposition to the proposed ordinance and regarding the number of local car wash businesses, cost of a car wash and traffic concerns. Mr. Charles Davidson, 22 Rhapsody Bend, The Woodlands, Texas, expressed appreciation to the City Council for their service to the community and considering the proposed project. Mr. Mark Mills, 6407 Wallace Lane, spoke regarding traffic concerns and the safety of children. Ms. Jennifer Gray, 1400 Civic Place, Southlake, Texas, spoke in favor of the proposed ordinance and regarding the highest and best use of the property, price of commercial property along SH26 and positive aspects of high volume traffic related to commercial development. Mr. Terry Harden, 6911 Meade Drive, spoke in opposition to the proposed ordinance and regarding the future redevelopment of SH26 and the gateway into the City. City of Colleyville Page 8 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Scott Van Doren, applicant, answered questions of the City Council. Mayor Pro Tem Ayers moved to deny Ordinance 0-07-1631. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 5c 0-07-1632 Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 This item was considered prior to Agenda Items 5a and 5b. Mayor Kelly read the caption of Ordinance 0-07-1632. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1632. Councilmember Hart seconded the vote. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 5d 0-07-1633 Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 Mayor Kelly read the caption of Ordinance 0-07-1633. Mayor Kelly opened the public hearing. City of Colleyville Page 9 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1633. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin Mayor Kelly recessed the meeting at 9:44 p.m. and reconvened at 9:52 p.m. 6: ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1634 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 Councilmember Tony Licata recused himself from consideration of this item due to a Conflict of Interest. Mayor Kelly read the caption of Ordinance 0-07-1634. Community Development and Business Strategies Director Chris Fuller provided an overview of the zoning request and stated since opposition within 200 feet of the subject property exceeds 20°/0, the request can only be approved by a supermajority vote by the City Council and the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson Circle, applicant, Mr. Tom Matthews, developer, provided an overview of the proposed development and spoke regarding the topography, drainage, landscaping, concerns of neighbors, lot size, PUDR zoning elements and open space. Mr. Tom Pasquale, 2306 Arbor Trail, spoke in favor of the proposed ordinance and regarding property values. City of Colleyville Page 10 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Mr. Fred Mills, 5400 Linden Court, spoke in favor of the proposed ordinance and regarding the development of the Leighton Grove subdivision, drainage and street lighting along Hall Johnson Road. Mr. Ray Crews, 5702 Winding Trail, spoke in opposition to the proposed ordinance and regarding zoning, traffic concerns, curbside parking and fencing and screening. Mr. Tim Gauntt, 3908 Magnolia Court, spoke in favor of the proposed ordinance and regarding home sales in Colleyville. Mr. Lorin Wilson, 5402 Sycamore Court, spoke in favor of the proposed ordinance and regarding the history of Colleyville and expressed appreciation to the City Council for their service. Ms. Marcia Gayle, 2502 Arbor Trail, spoke in favor of the proposed ordinance and regarding increased property values and less traffic. Mr. Jeff Avery, 3063 Parr Lane, Grapevine, Texas, spoke in favor of the proposed ordinance and regarding marketing small lot homes. Mr. Frank Edens, 2404 Poplar Court East, spoke in favor of the proposed ordinance. Mr. Dave McCormack, 6612 McMakin Court, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Curtis Young, applicant, was present to answer questions of the City Council. 6b 0-07-1635 Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard,. Case Z-07-030 Mayor Kelly read the caption of Ordinance 0-07-1635. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a Special Use Permit for on-premise alcohol sales and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. City of Colleyville Page 11 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Mr. Kipp Whitman, 3930 Glade Road, applicant, provided information regarding the request for a Special Use Permit for on premise alcohol sales and an overview of the proposed development and answered questions of the City Council. 6c 0-07-1636 Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke in opposition to the proposed ordinance and regarding drainage, fencing and noise level. Ms. Tally McCormick, 6612 McMakin Court, spoke in opposition to the proposed ordinance and regarding traffic concerns and hours of operation. Mr. Stephen Bates, 2205 Danielle Drive, spoke in opposition to the proposed ordinance and regarding the hours of operation and potential impact of restaurants to the surrounding neighborhoods. Ms. Pat Thomas Aistrup, 2201 Danielle Drive, spoke regarding the neighbor's opposition to the proposed development, hours of operation, sale of alcohol and parking lot location. Mr. Tony Hampton, 2200 Danielle Drive, spoke regarding the quality of the development and impact to the residential neighborhood. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding standard hours of operation for alcohol sales, history of the property and screening requirements. City Council requested the applicant provide information regarding a living fence. There was general discussion regarding the potential type of businesses and process for obtaining an SUP. City Manager Bill Lindley invited citizens to visit experiencecolleyville.com and patronize Colleyville restaurants. Mayor Kelly recessed the meeting at 11:33 p.m. and reconvened at 11:37 p.m. Adoption of the proposed Fiscal Year 2008 (FY 2008) Budget Mayor Kelly read the caption of Ordinance 0-07-1636. Finance Director Terry Leake provided an overview of the proposed City of Colleyville Page 12 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Fiscal Year 2008 Budget and stated the tax rate is $.3559 per hundred dollars of valuation. Ms. Leake further stated the rate was increased from the prior year rate of $.3474 to pay for the retirement of long term debt for the two new fire station facilities. Mayor Kelly opened the public hearing. 6d 6e 6f Mayor Kelly read the caption of Ordinance 0-07-1639. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 0-07-1637 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2008 (FY 2008) Mayor Kelly read the caption of Ordinance 0-07-1637. Finance Director Terry Leake provided an overview of the Ad Valorem Tax Rate for Fiscal Year 2008 and stated the FY 2008 proposed tax rate is $.3559, which is an increase of $.0085 over the existing tax rate of $.3474. Ms. Leake further stated a presentation regarding the proposed tax rate is on the City's web site at www.colleyville.com. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 0-07-1638 Amending Ordinance 0-92-880 setting fees and charges for City facilities Mayor Kelly read the caption of Ordinance 0-07-1638. Finance Director Terry Leake provided an overview of the modifications to the proposed ordinance for setting fees and charges for City facilities. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Ms. Leake stated the proposed changes regarding the Colleyville Public Library and the Parks and Recreation facilities are recommendations of the Library Board and the Parks and Recreation Advisory Board. 0-07-1639 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2008 (FY 2008) Budget __ -- City of Colleyville Page 13 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 Finance Director Terry Leake stated that the Colleyville Economic Development Corporation (CEDC) Board approved the proposed CEDC FY 2008 Budget and provided an overview of proposed expenditures. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6g 0-07-1640 Approval to amend Ordinance 0-95-999, Section 2, modifying the transfer for franchise fees from the Utility Fund to the General Fund Mayor Kelly read the caption of Ordinance 0-07-1640. Finance Director Terry Leake provided an overview of the proposed amendment to Ordinance 0-95-999, modifying the transfer for franchise fees from the Utility Fund to the General Fund. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6h 0-07-1641 Authorizing the City Manager to transfer unspent Fiscal Year 2007 (FY 2007) General Fund budget appropriations for street resurfacing maintenance and building inspection software acquisition from the General Fund to the Capital Projects Fund on September 30, 2007 Mayor Kelly read the caption of Ordinance 0-07-1641. Finance Director Terry Leake provided an overview of the request to transfer unspent Fiscal Year 2007 General Fund budget appropriations for street resurfacing maintenance and building inspection software acquisition from the General Fund to the Capital Projects Fund on September 30, 2007. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Cify of Colleyville Page 14 Printed on 9/19/2007 City Council City Council Minutes September 4, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2876 Consideration of a variance for Broadland Limited Partnership to retain the usage of three temporary fire hydrant meters located within Whittier Heights Mayor Kelly read Resolution R-07-2876 in its entirety. Public Works Director Steve Chutchian presented information regarding the temporary irrigation provided for Broadland Limited Partnership. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hendler complimented the developer on the installation of beautiful trees. Mayor Kelly moved to approve Resolution R-07-2876. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 7b R-07-2877 Consideration of a Gas Reliability Infrastructure Program (GRIP) Rate Request by Atmos Energy Corporation, Mid-Tex Division Mayor Kelly read Resolution R-07-2877 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2877. Councilmember Licata seconded the motion. City of Colleyville Page 15 Printed on 9/19/200a City Council City Council Minutes September 4, 2007 The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Colleyville Center Advisory Committee Minutes -May 21, 2007 Parks and Recreation Advisory Board Minutes -June 4, 2007 Colleyville Center Marketing Subcommittee Minutes -June 18, 2007 Senior Center Advisory Committee Minutes -July 19, 2007 Planning and Zoning Commission Minutes -August 13, 2007 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 4, 2007 -Reading and Public Hearing -Resolution R-07-2878 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Taylor moved to adjourn. Councilmember Hart seconded the motion. Mayor Kelly adjourned the meeting at 12:00 a.m. APPROVED BY A VOTE OF ~ AYES, D NAYS AND D ABSTENTIONS ON THIS THE /~~i DAY OF 2007. Minutes tak and prepared y: `~.`~~~~ Cy hia Singleton, TRMC, C C City Secretary City of Colleyville Page 16 Printed on 9/19/2007