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HomeMy WebLinkAboutCity Council-Minutes-9/18/2007,~~_ , City of Colleyville Colley00lle,aTexas76034 ~~ ~-u -~Q~~ (817) 503-1000 ((~~, ~~~ Agenda www.colleyville.com ,,.,., City Council Tuesday, September 18, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the 2007 City Council Work Plan for Community Relations PC-2 Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-3 Presentation of the Monthly Financial Report -August 2007 PC-4 Discussion of the September 18, 2007, City Council regular agenda items 6:15 P.M. -Board, Commission and Committee Applicant Interviews 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D 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 City of Colleyville Page 1 Prinfed on 9/13/2007 City Council Agenda September 18, 2007 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Lee Johnson, Bear Valley Community Church 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-07-2879 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation In recognition of Haley Rodgers, Deputy Court Clerk, Certified Court Clerk - Level I -Terry Leake, Finance Director In recognition of the Colleyville Senior Center's 1st Anniversary -Renee Garrett, Recreation Specialist In recognition of the Certification of Excellence Investment Policy from the Association of Public Treasurers of the United States and Canada awarded to the City of Colleyville -Terry Leake, Finance Director Proclamation In recognition of Colleyville Public Library Summer Chess Club participants -Mary Rodne, Library Director and John Schanot, Library Circulation/Computer Services Librarian In recognition of National Crime Prevention Month -Officer Bill Hudgins In recognition of Colleyville Night Out -October 9, 2007 - Officer Bill Hudgins City of Colleyville Page 2 Prinfed on 9/13/2007 City Council Agenda September 18, 2007 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2880 4a Approval of the minutes of the regular City Council meeting held on September 4, 2007 4b Approval of the minutes of the Special City Council meeting held on August 28, 2007 4c Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 4d Approval to purchase two breathing air compressors systems from Casco Industries, in the amount of $43,136.00 4e Approval to purchase radios and associated components for the new fire stations in the amount of $29,097.00 4f Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year two of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $60,886, and subject to the approval of funding in the Fiscal Year 2008 Budget 4g Authorize the City Manager to approve amendments to the fee agreement with Boyle and Lowry, L.L.P. for services as City Attorney 4h Approval to Renew Ground Maintenance Mowing Contract to Whitmore and Sons, Inc., in an amount not to exceed $176,673.24, subject to the approval of funding in the Fiscal Year 2008 Budget, and authorize the City Manager to execute the contract 4i Approval of a Bid Award for Horticulture Grounds Maintenance Contract to The Lawn Firm, Inc. in an amount not to exceed $215,789.00, subject to the approval of funding in the Fiscal Year 2008 Budget, and authorizing the City Manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 City of Colleyville Page 3 Printed on 9/13/2007 City Council Agenda September 18, 2007 5b 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 5c 0-07-1636 Adoption of the proposed Fiscal Year 2008 (FY 2008) Budget 5d 0-07-1637 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2008 (FY 2008) 5e 0-07-1638 Amending Ordinance 0-92-880 setting fees and charges for City facilities 5f 0-07-1639 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2008 (FY 2008) Budget 5g 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 5h 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1642 Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2881 Consideration of appointments to the Planning and Zoning Commission 7b R-07-2882 Consideration of appointments to the Zoning Board of Adjustment 7c R-07-2883 Consideration of appointments to the Senior Center Advisory Committee 7d R-07-2884 Consideration of appointments to the Colleyville Economic Development Corporation Board 7e R-07-2885 Consideration of appointments to the Metroport Teen Court Advisory Board 7f R-07-2886 Consideration of appointments to the Historical Preservation Committee City of Colleyville Page 4 Prinfed on 9/13/2007 City Council Agenda September 18, 2007 7g R-07-2887 Ratification of the tax increase approved in the Fiscal Year 2007-2008 General Fund and Debt Service Budgets adopted by Ordinance 0-07-1636 as required by Section 102.007 Subsection(c) of the Local Government Code of Texas 8. TABLED ITEM AND PUBLIC HEARING: 8a 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Sign Board of Appeals Minutes -July 12, 2007 Parks and Recreation Advisory Board Minutes -August 6, 2007 Library Board Minutes -August 13, 2007 Zoning Board of Adjustment Minutes -August 14, 2007 Planning and Zoning Commission Minutes -August 27, 2007 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 18, 2007 -Reading and Public Hearing -Resolution R-07-2888 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 14, 2007. by 5:00 .m. Cynthia Singleton, TRMC, C C City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. __ City of Colleyville Page 5 Printed on 9/13/2007 ~,,, . ~,~ 100 Main Street City of Colleyville Colleyville, Texas 76034 ~~' (817) 503-1000 City Council Minutes www.colleyville.com ,~... City Council Tuesday, September 18, 2007 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 18, 2007, at 5:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Director of Community Development and Business Strategies Chris Fuller, Economic Development Manager Scott Welmaker, Colleyville Center Manager Lin Przybyl, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Management Assistant Matt McCombs, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Rich Hendler were absent. Discussion of the 2007 City Council Work Plan for Community Relations City Secretary Cynthia Singleton presented information regarding the 2007 City Council Work Plan for Community Relations. She reported that staff evaluated City meetings and events and communication channels on the basis of value to the community, fiscal impact, frequency and format and reviewed the findings of a citizen survey, which revealed citizen's desire to transition from attending meetings to obtaining information in a more efficient manner. It was recommended and City Council determined (1) staff will coordinate with City, civic or neighborhood meetings and events and deliver the information and services to the citizens, (2) to continue the departmental display tables in the foyer of City Hall, (3) video broadcasting will be utilized prior to and after City Council meeting to provide information and the information will coordinate with the departmental displays, (4) the Board, Commission and Committee Appreciation event will be held every other year and modified to a formal dinner and speaker format, (5) to continue the annual Business Appreciation event, and (6) the Pastor's Appreciation luncheon will be held every other year. City of Colleyville Page 1 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 There was general discussion regarding the quality of the video broadcast. PC-2 Presentation of the Colleyville Economic Development Corporation Annual Activity Report Finance Director Terry Leake provided an overview of the Colleyville Economic Development Corporation Annual Activity Report. PC-3 Presentation of the Monthly Financial Report -August 2007 Finance Director Terry Leake provided an overview of the August Monthly Financial Report and answered questions of the City Council. PC-4 Discussion of the September 18, 2007, City Council regular agenda items Councilmember Licata stated that he would recuse himself from Agenda Item 5a due to a Conflict of Interest. It was determined that Agenda Item 8a would be considered after Agenda Item 5b. There was general discussion regarding Agenda Item 8a regarding the June 2006 Condominium Market Study, proposed land use and the bridge and sidewalk construction. Discussion continued regarding Agenda Item 5b and the requirements for granting a Special Use Permit for alcohol beverage sales and Agenda Item 6a regarding the location of the wedding chapel and accommodations for horse drawn-carriage rides. Mayor Kelly introduced City Attorney Cathy Cunningham, who is serving in Matthew Boyle's absence. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 18, 2007, at 6:53 p.m. Mayor Kelly announced Agenda Item 5b will be considered after Agenda Item 8a. City of Colleyville Page 2 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Economic Development Manager Scott Welmaker, Library Director Mary Rodne, Circulation/Computer Services Librarian John Schanot, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Rich Hendler were absent. 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/al 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 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 551.74, 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 6:54 p.m. and reconvened at 7:35 p.m. City of Colleyville Page 3 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 INVOCATION: Lee Johnson, Bear Valley Community Church 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-07-2879 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly expressed appreciation to Councilman Taylor for representing the Mayor in the annual Mayor's Grape Stomp and Councilmember Taylor expressed appreciation to Colleyville business owner Jennifer Patterson, who served as his partner in the event. Mayor Kelly recognized Haley Rodgers, Deputy Court Clerk, for obtaining the Certification for Court Clerk, Level 1. Finance Director Terry Leake commended Ms. Rodgers for becoming the City of Colleyville's first certified Court Clerk. Mayor Kelly recognized Finance Director Terry Leake for receiving the Certification of Excellence Investment Policy from the Association of Public Treasures of the United States and Canada on behalf of the City. Parks and Recreation Director Monica Walsh introduced Recreation Specialist Renee Garrett, who distributed invitations to the City Council to attend the First Anniversary celebration of the Colleyville Senior Center on September 28, 2007, at 10:00 a.m. Mayor Kelly invited the citizens to attend the celebration. Mayor Kelly, Library Director Mary Rodne and Computer Services Librarian John Schanot recognized the Colleyville Public Library Summer Chess Club participants, Kason Carroll, Tymon Dalton, Mark Elam, Erik Gitl, Liam Haber, Lawrence Jones, Matthew Leslie, Nicholas Leslie, Steven McChesney, Desiree Pham, Dominique Pham, Dylan Pham, Dominic Procaccino, Daniel Puckett, Connor Scott, Chris Taub, Daniel Williams and Kevin Xu. Mayor Kelly presented a Proclamation to Officer Bill Hudgins in recognition of Crime Prevention Month. City of Colleyville Page 4 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Mayor Kelly presented a Proclamation to Officer Bill Hudgins in recognition of Colleyville Night Out, a crime prevention event, to be held October 9, 2007. Officer Hudgins stated the Colleyville Night Out event promotes crime prevention and has been moved to October to encourage participation during cooler temperatures. Mayor Kelly invited citizens to participate in the neighborhood watch against crime event. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2880 4a Approval of the minutes of the regular City Council meeting held on September 4, 2007 4b Approval of the minutes of the Special City Council meeting held on August 28, 2007 4c Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 4d Approval to purchase two breathing air compressors systems from Casco Industries, in the amount of $43,136.00 4e Approval to purchase radios and associated components for the new fire stations in the amount of $29,097.00 4f Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year two of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $60,886, and subject to the approval of funding in the Fiscal Year 2008 Budget 4g Authorize the City Manager to approve amendments to the fee agreement with Boyle and Lowry, L.L.P. for services as City Attorney 4h Approval to Renew Ground Maintenance Mowing Contract to Whitmore and Sons, Inc., in an amount not to exceed $176,673.24, subject to the approval of funding in the Fiscal Year 2008 Budget, and authorize the City Manager to execute the contract 4i Approval of a Bid Award for Horticulture Grounds Maintenance Contract to The Lawn Firm, Inc. in an amount not to exceed $215,789.00, subject City of Colleyville Page 5 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 to the approval of funding in the Fiscal Year 2008 Budget, and authorizing the City Manager to execute the contract Mayor Kelly read Resolution R-07-2880 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-07-2880. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 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 stated that the percentage of opposition within 200 feet of the subject property has decreased to less than 20%; therefore, a super majority vote by City Council is no longer necessary to approve the request. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson Circle, applicant, provided information regarding meetings with neighbors to address concerns related to the proposed development. Mr. Kent Herald, 5704 Winding Trail, spoke in opposition to the proposed ordinance and regarding drainage and screening. City of Colleyville Page 6 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Mr. Ray Crews, 5702 Winding Trail, spoke in opposition to the proposed ordinance and regarding fencing. Mr. Fred Mills, 5400 Linden Court, spoke in favor of the proposed ordinance and regarding drainage control and the developer addressing the concerns of the neighbors. Mr. Steve Early, 5606 Creekside Court, spoke in favor of the proposed ordinance. Mr. Tom Pasquale, 2306 Arbor Trail, spoke in favor of the proposed ordinance. Ms. Marsha Gayle, 2502 Arbor Trail, spoke in favor of the proposed ordinance and regarding the demand for the product, ad valorem tax revenue, decreased traffic noise and volume. Mr. Tim Gauntt, 3908 Magnolia Court, spoke in favor of the proposed ordinance and the demand for the type of home in the proposed development. Mr. Curtis Young, applicant, answered questions of the City Council and spoke regarding fencing, drainage, number of lots and open space. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1634. Mayor Kelly seconded the motion. Mayor Kelly made a friendly amendment extending the masonry fence south along the eastern boundary of the property to the southern property line of Lot 8. Councilmember Taylor accepted the friendly amendment. The motion carried by the following vote: Aye: 4 -David Kelly, Carol Wollin, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Abstain: 1 -Tony Licata 5b 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 City of Colleyville Page 7 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Mayor Kelly read the caption of Ordinance 0-07-1635. Community Development and Business Strategies Director Chris Fuller stated the applicant will provide information regarding the living screen wall and a video presentation. Mayor Kelly opened the public hearing. Mr. Kipp Whitman, 3930 Glade Road, spoke regarding the history of the property and the proposed development project. Ms. Pat Thomas Aistrup, 2201 Danielle Drive, spoke regarding the potential tenants of the proposed development, the proximity of homes to the project, tenant hours of operation, landscaping, screening and stated the developer did not meet with residents regarding concerns. Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke in opposition to the proposed ordinance and regarding drainage, buffer zone, noise level, fence height, parking lot location, restaurant hours of operation and entrance to the proposed development. Ms. Nancy Croney, 2409 Twelve Oaks Lane, spoke regarding the affect of the proposed development on the value of neighborhood homes, tenant hours of operation, buffer and setback. Mr. Stephen Bates, 2205 Danielle Drive, spoke regarding the potential noise pollution, tenant hours of operation, impact of project on property values and the screening and buffering. Ms. Alyce Kuhn, 2204 Danielle Drive, spoke regarding the impact of potential tenant's hours of operation on the neighborhood, buffering and past developments of the applicant. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor clarified that the City Council is considering approval of a Special Use Permit for on-premise alcohol sales and screening and buffering. There was a general discussion regarding the process for a Special Use Permit for alcohol sales and the number of Councilmembers constituting a super majority vote. Mr. Whitman spoke regarding the quality of the development and the importance of restaurants to the project. City of Colleyville Page 8 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Councilmember Licata moved to deny Ordinance 0-07-1635 without prejudice. Mayor Kelly seconded the motion. 5c 0-07-1636 Mayor Kelly explained the motion to deny without prejudice allows the applicant to reapply without a time limit. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Adoption of the proposed Fiscal Year 2008 (FY 2008) Budget Mayor Kelly read the caption of Ordinance 0-07-1636. Finance Director Terry Leake stated the Fiscal Year 2008 tax rate is $.3359 per hundred dollars of valuation and provided an overview of expense appropriations. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-07-1636. Councilmember Hart seconded the motion. Councilmember Taylor expressed appreciation to the City Council and staff for the management of the budget and the decision of the voters in 2005 to approve funding for the construction of the fire stations and outdoor warning system. Councilmember Licata stated the average homeowner will contribute $32.00 a year to construct the fire stations. Mayor Kelly complimented City Council and staff for a fiscally sound budget, increasing the street budget to $1 million and providing competitive salaries for staff. Councilmember Taylor stated it has been thirteen years since the tax rate has changed and commended past City Councils for maintaining the tax rate. -__ City of Colleyville Page 9 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 The motion carried by the following vote: 5d 5e 0-07-1637 0-07-1638 Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 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 stated the proposed tax rate is $.3559, which is an increase of $.0085 over the existing tax rate of $.3474 and the increase will be used, in part, to fund the debt service on the bonds voters approved in 2005 and sold in 2007 to build two fire stations in the City and provide an outdoor warning system. Ms. Leake further stated the rate is below the calculated Charter rate and the state's rollback rate. 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 Hart moved that the property tax rate be increased by the adoption of a tax rate of $0.3559 and move to approve Ordinance 0-07-1637. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 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 proposed fees and charges for City facilities and stated the boards, commissions and committees that provide input to the City Council reviewed and recommended the proposed fees and charges. Mayor Kelly opened the public hearing. City of Colleyville Page 10 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-07-1638. 5f 5g Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 0-07-1639 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2008 (FY 2008) Budget Mayor Kelly read the caption of Ordinance 0-07-1639. Finance Director Terry Leake stated the Colleyville Economic Development Corporation Board approved the proposed budget on September 4, 2007, and the budget was ratified by the City Council on September 4, 2007. Ms. Leake provided an overview of the CEDC budget, and stated staff will meet with the Colleyville Trails and Sidewalks Committee to determine the priority of the construction of the northern and southern section of the Pleasant Run area trail. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated the Colleyville Economic Development Corporation budget is funded through a one half cent sales tax and expressed appreciation to citizens for shopping Colleyville. Mayor Kelly moved to approve Ordinance 0-07-1639. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 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 City of Colleyville Page 11 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Mayor Kelly read the caption of Ordinance 0-07-1640. Finance Director Terry Leake stated the City's Utility Fund is essentially the franchise holder for water and sewer services and currently pays an annual franchise fee of 2% to the General Fund. As a part of the Fiscal Year 2008 budget, it is proposed the franchise fee paid by the Utility Fund to the General Fund be increased from 2% to 4% and provide funding for street maintenance. 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 Hart moved to approve Ordinance 0-07-1640. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5h 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 stated the Fiscal Year 2007 General Fund street maintenance plan included the rehabilitation of Shelton Drive. Ms. Leake further stated, with perimeter street fees available for the Shelton Drive project, approximately $75,000 remains in the street maintenance budget, and to preserve the funds for future street maintenance projects, it is proposed the City Manager be authorized to transfer these funds to the Capital Projects fund for future use. 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 0-07-1641. Councilmember Wollin seconded the motion. City of Colleyville Page 12 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1642 Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Mayor Kelly read the caption of Ordinance 0-07-1642. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a Special Use Permit for a wedding chapel and on-premise alcohol sales and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Michael Tamer, 1319 Eagle Bend, Southlake, Texas, applicant, provided information regarding the proposed wedding chapel and type of services. Mr. Jimmie Archie, Realty Capital Corporation, 99 Main Street, spoke in favor of the proposed ordinance and stated the agreement between Realty Capital and Mr. Tamer provides for a percentage of the Tax Increment Financing District revenues generated by the wedding chapel project be reimbursed to Mr. Tamer. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Tamer was present to answer questions of the City Council and spoke regarding arrangements for a horse drawn carriage. Staff recommended that a City wide carriage ride ordinance be presented to the City Council for future consideration. Discussion ensued regarding public and valet parking space and alternate uses of the facility. City of Colleyville Page 13 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2881 Consideration of appointments to the Planning and Zoning Commission Mayor Kelly read Resolution R-07-2881 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 to the Planning and Zoning Commission. Councilmember Wollin moved to approve Resolution R-07-2881, appointing Mr. David Dudziak to Place 5, Mr. Michael Clardy to Place 6 and Mr. Larry Knox to Place 7. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 7b R-07-2882 Consideration of appointments to the Zoning Board of Adjustment Mayor Kelly read Resolution R-07-2882 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 to the Zoning Board of Adjustment. Councilmember Hart moved to approve Resolution R-07-2882, appointing Ms. Dee McNosky to Place 4, Mr. L. Ed Moore to Place 5 and Mr. Kevin Sams as Alternate 1. Councilmember Wollin seconded the motion. City of Colleyville Page 14 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 The motion carried by the following vote: 7c R-07-2883 Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Consideration of appointments to the Senior Center Advisory Committee 7d R-07-2884 Mayor Kelly read Resolution R-07-2883 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 to the Senior Center Advisory Committee. Councilmember Taylor moved to approve Resolution R-07-2883, appointing Wanda Johnson and Dorothy Lee Parker to the Senior Center Advisory Committee. Councilmember Taylor commended Mr. Marion Jenkins and Mr. Jim Moore for their service on the Committee and contribution to the success of the Senior Center. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Consideration of appointments to the Colleyville Economic Development Corporation Board Mayor Kelly read Resolution R-07-2884 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 to the Colleyville Economic Development Corporation Board. City of Colleyville Page 15 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Councilmember Taylor moved to approve Resolution R-07-2884, appointing Mr. Greg Appel, Mr. James Spriggs and Ms. Yvonne Gilliam to the Colleyville Economic Development Corporation Board. Councilmember Hart seconded the motion. 7e R-07-2885 The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Consideration of appointments to the Metroport Teen Court Advisory Board 7f R-07-2886 Mayor Kelly read Resolution R-07-2885 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 to the Metroport Teen Court Advisory Board. Councilmember Wollin moved to approve Resolution R-07-2886, appointing Ms. Karen Hahne and Ms. Leticia Sedberry to the Metroport Teen Court Advisory Board. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4 -David Kelly, Carol Wollin, Tony Licata, Tom Hart Absent: 2 -Rich Hendler, Jon Ayers Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-07-2886 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 to the Historical Preservation Committee. City of Colleyville Page 16 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Councilmember Taylor moved to approve Resolution R-07-2886, appointing Ms. Nelda Thompson, Mr. Ed Havran, Mr. Joe Deupree, Mr. Jim Gotcher and Ms. Barbara Kirkland to the Historical Preservation Committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 7g R-07-2887 Ratification of the tax increase approved in the Fiscal Year 2007-2008 General Fund and Debt Service Budgets adopted by Ordinance 0-07-1636 as required by Section 102.007 Subsection(c) of the Local Government Code of Texas Finance Director Terry Leake stated the State Legislature recently approved Section 102.007 Subsection (c) of the Local Government Code of Texas, which requires ratification of the tax increase approved in the Fiscal year 2007-2008 General Fund and Debt Service Budgets. Mayor Kelly stated there have been two public hearings and two public meetings on the proposed tax rate and the legislature requires the City Council to approve a resolution to ratify the tax rate. Mayor Kelly moved to approve Resolution R-07-2887. Councilmember Hart seconded the motion. City Manager Bill Lindley expressed appreciation to the City Council and budget team members Assistant City Manager Kelly Cooper, Finance Director Terry Leake, Human Resources Manager Elise Welborn and former Budget and Administrative Services Manager Stephen Seidel for the time and dedication devoted to developing the Fiscal Year 2008 budget. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers City of Colleyville Page 17 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 8. TABLED ITEM AND PUBLIC HEARING: 8a 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 This item was considered after Agenda Item 5b. Mayor Kelly read Ordinance 0-07-1630. Community Development and Business Strategies Director Chris Fuller stated that the applicant has provided additional information as requested by City Council and revised the residential density. Mayor Kelly opened the public hearing. Mr. Jimmie Archie, Realty Capital Corporation, 74 Casa Lane, spoke regarding the construction of a bridge connecting the proposed project to The Village at Colleyville, clean-up of Pleasant Run Creek, height of buildings, number of parking spaces per residential unit, percentage of retail sales tax producing businesses, viability of project, market for condominium units, the Tax Increment Financing District related to the proposed project and taxable value of the proposed project and the timeline for commencing the project. Mr. Rex Pitts, 66 Veranda Lane, spoke in favor of the proposed ordinance and regarding the amenities of living in The Village at Colleyville. Mr. Dale Porter, 2213 Grizzley Lane, Euless, Texas, spoke in favor of the proposed ordinance and regarding the marketing of condominium homes and plans to develop a business in Colleyville. Ms. Judith Henkels, 76 Casa Lane, spoke in favor of the proposed ordinance and regarding the amenities of living in The Village at Colleyville. Ms. Sophie Diaz, 6406 Cutter Ridge Court, spoke in favor of the proposed ordinance and regarding the demand for The Village at Colleyville condominiums and quality of the residences. Mr. Paul Zipperlen, 55 Main Street, spoke in favor of the proposed ordinance and regarding successful businesses in The Village at Colleyville. City of Colleyville Page 18 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Ms. Peggi Holtshouser, 84 Casa Lane, spoke in favor of the proposed ordinance and regarding the desirability of The Village at Colleyville neighborhood. Mr. Joseph Turner, 62 Veranda Lane, spoke in favor of the proposed ordinance. Ms. Sharon New, 61 Piazza Lane, spoke in favor of the proposed ordinance. Mr. Bill Moist, 35 Piazza Lane, spoke in favor of the proposed ordinance. Mr. Tommy Dreiling, Peyton Thomas Homes, 90 Casa Lane, spoke in favor of the proposed ordinance and regarding the financing and popularity of homes in The Village at Colleyville. Mr. Kevin Smith, Tivoli Wines, 62 Main Street, spoke in favor of the proposed ordinance and regarding economic development in The Village at Colleyville. Ms. Kathleen Hennessy, Tivoli Wines, 62 Main Street, spoke in favor of the proposed ordinance and regarding property owned in and the entry to The Village at Colleyville and the insulation and air filtration system for the proposed commercial and residential units. Ms. Susan Williams, 4804 Meandering Way, spoke in favor of the proposed ordinance and regarding the construction of a gateway to The Village at Colleyville. Mr. John Arnett, 85 Village Lane, spoke in favor of the proposed ordinance and regarding the visibility of The Village at Colleyville. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mr. Jimmie Archie, applicant, answered questions of the City Council. Discussion ensued regarding the timeline for demolition of the current buildings on the proposed site. Councilman Taylor moved to approve Ordinance 0-07-1630, with the amendment to include the following language: Any floor of Building D may be commercial use and no residential uses permitted on the first floor of Building C or D; a maximum of 30 residential units allowed on the second and third floor of Building D; the bridge shall be constructed with similar materials and design as the existing Main Street bridge; give strong consideration to renaming Mission Lane to Village Drive or City of Colleyville Page 19 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Mission Avenue; the drive connection and bridge shall be dedicated as a public right-of-way built to the standards of this ordinance. Mayor Kelly made a friendly amendment to add a five foot sidewalk on both sides of the Mission Lane bridge and seconded the motion. Councilmember Taylor accepted the friendly amendment and made a friendly amendment that the 8 foot sidewalk may be a minimum 6 feet wide as determined by the City Engineer. Mayor Kelly accepted the friendly amendment. The motion carried by the following vote: Aye: 4 -Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Mayor Kelly recessed the meeting at 10:28 p.m. and reconvened at 10:38 p.m. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Sign Board of Appeals Minutes -July 12, 2007 Parks and Recreation Advisory Board Minutes -August 6, 2007 Library Board Minutes -August 13, 2007 Zoning Board of Adjustment Minutes -August 14, 2007 Planning and Zoning Commission Minutes -August 27, 2007 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 18, 2007 -Reading and Public Hearing -Resolution R-07-2888 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. City of Colleyville Page 20 Printed on 10/3/2007 City Council City Council Minutes September 18, 2007 Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Mayor Kelly adjourned the meeting at 11:33 p.m. APPROVED BY A VOTE OF ~ AYES, O NAYS AND O ABSTENTIONS ON THIS THE ~ DAY OF J 2007. Minutes taken and pr y: ~~ ...~. Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 21 Printed on 10/3/2007