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HomeMy WebLinkAboutCity Council-Minutes-10/2/2007~~~~ ~~~ ~, .., City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, October 2, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Integrated Storm Water Management Permit and Work Plan PC-2 Discussion of Proposed Horse-Drawn Carriage Ordinance PC-3 Presentation of Economic Development Quarterly Update PC-4 Discussion of selecting a date and time for the Joint City Council and Planning and Zoning Commission meeting PC-5 Discussion of the October 2, 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. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property City of Colleyville Page 1 Printed on 9/28/2007 City Council Agenda October 2, 2007 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Bruce Neilsen, Church of Jesus Christ of Latter Day Saints 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-07-2889 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamations In recognition of Fire Prevention Month -Fire Marshal Robert McKeown Presentations In recognition for service on the Planning and Zoning Commission - Ms. Mary Taylor In recognition for service on the Senior Center Advisory Committee - Mr. Marion Jenkins and Mr. Jim Moore In recognition for service on the Colleyville Economic Development Corporation Board - Mr. John Terhoeve and Mr. John Gray In recognition for service on the Metroport Teen Court Advisory Board - Mr. David Ebert In recognition for service on the Historical Preservation Committee - Ms. Sammie Bolling and Ms. Jacquelyn Young City of Colleyville Page 2 Printed on 9/28/2007 City Council Agenda October 2, 2007 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2890 4a Approval of the minutes of the regular City Council meeting held on September 18, 2007 4b Approval of an agreement with Brian P. Hanlon for the purchase of a life-size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement 4c Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement 4d Approval of the Fiscal Year 2008 (FY2008) Agency Contractual Agreements for the Arts Council of Northeast Tarrant County, Alliance for Children, Safe Haven Tarrant County, Colleyville Heritage High School Project Graduation, Grapevine High School Project Graduation, Keller High School Project Graduation, Metroport Meals on Wheels, Mental Health Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), Special Needs Assistance Partners (SNAP), Colleyville Area Chamber of Commerce, and authorize the City Manager to execute the agreements 4e Approval of a request for a street name change for Sanders Lane, Case G-07-018 4f Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement 4g Approval of amended agreement for professional services and employment of the City Manager 4h Approval of the Fiscal Year 2008 Annual Work Plan 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 City of Colleyville Page 3 Printed on 9/28/2007 City Council Agenda October 2, 2007 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1643 Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2891 Consideration of an Appeal of the decision by the Sign Board of Appeals by Linda and Richard Seim, for a variance regarding a monument sign on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition, located at 3951 Brown Trail, Case G-07-017 7b R-07-2892 Approval to suspend the October 25, 2007, effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates 7c R-07-2893 Nominating candidates for the Tarrant Appraisal District Board of Directors 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Senior Advisory Committee Minutes -August 16, 2007 Planning and Zoning Commission Minutes -September 10, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 2, 2007 -Reading and Public Hearing -Resolution R-07-2894 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 28, 2007, by 5:00 p.m. City of Colleyville Page 4 Printed on 9/28/2007 City Council Agenda October 2, 2007 _ ~~~ 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 9/28/2007 "``' City of Colleyville 100 Main Street ,~~: ` ''w;'• Colle ville, Texas 76034 ~ ' ~~ (817) 503-1000 City Council Minutes vwvw.colleyville.com <<.~:,;: City Council Tuesday, October 2, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 2, 2007, at 5:34 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, 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 Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Street Superintendent Jimmy Brock, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Community Development Coordinator Ron Ruthven, Economic Development Manager Scott Welmaker, 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 Rich Hendler was absent. PC-1 Discussion of the Integrated Storm Water Management Permit and Work Plan Public Works Director Steve Chutchian provided information regarding the Integrated Storm Water Management Permit and Work Plan and introduced Street Superintendent Jimmy Brock. Street Superintendent Jimmy Brock provided an overview of the Phase I and Phase II U.S. Environmental Protection Agency's (EPA) municipal storm water program, the City's storm water management plan and stated the City of Colleyville is considered one of the leading Phase II municipal storm sewer systems (MS4s) model cities in the region. Discussion ensued regarding illicit discharge detection and elimination, the City's public education and outreach program and enforcement procedures and penalties. City of Colleyville Page 1 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 PC-2 PC-3 PC-4 PC-5 Discussion of Proposed Horse-Drawn Carriage Ordinance Community Development and Business Strategies Director Chris Fuller introduced Community Development Coordinator Ron Ruthven who provided an overview of the proposed Horse-Drawn Carriage ordinance and permitting process. Discussion ensued regarding private and commercial use of carriages and care requirements for horses used in the service of a horse-drawn carriage. Presentation of Economic Development Quarterly Update Economic Development Manager Scott Welmaker presented an update of the Economic Development Initiatives and answered questions of the City Council. Discussion of selecting a date and time for the Joint City Council and Planning and Zoning Commission meeting The City Council determined a Pre Council agenda item on November 6, 2007, would provide for the discussion of land use policies, future residential and commercial development trends and a review of undeveloped acreage in the City. A joint City Council and Planning and Zoning Commission meeting may be scheduled to provide the Commission with an overview of the information. Discussion of the October 2, 2007, City Council regular agenda items There was general discussion of Consent item 4f regarding the process for abandonment of the roadway easement, regular agenda items 5a related to the Special Use Permit for alcohol sales and 7c, the Tarrant Appraisal District Board of Director nominations. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:43 p.m. City of Colleyville Page 2 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 2, 2007, at 7:30 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, 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 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, 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 Rich Hendler was 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. 551.071 -Legal -Discussion of potential litigation -Barbara Turner 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 City of Colleyville Page 3 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 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 6:44 p.m. and reconvened at 7:30 p.m. INVOCATION: Bruce Neilsen, Church of Jesus Christ of Latter Day Saints 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-07-2889 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Carol Wollin announced the Colleyville Garden Club, under a grant from Keep Colleyville Beautiful, began a wildflower and landscaping sanctuary project at the Webb House on October 1, 2007. Ms. Wollin expressed appreciation to Keep Colleyville Beautiful for the grant and the Colleyville Parks Department for their assistance with the landscaping. Mayor Kelly invited citizens to participate in Colleyville Night Out, a neighborhood crime prevention event, Tuesday, October 9, 2007. He further stated citizens may contact Community Services Police Officer Bill Hudgins for crime prevention information. Mayor Kelly announced the Mayor for a Day contest, which is open to Colleyville students in grades 2 through 7, to encourage youth involvement in City government. Students submit an essay addressing what they would do to make Colleyville the best city in North Texas. The winner will serve as honorary Mayor on Tuesday, November 6, 2007. Mayor Kelly presented a Proclamation to Fire Marshal Robert McKeown in recognition of Fire Prevention Month. Fire Marshal McKeown described enhancements to the fire prevention programs, which educate children in fire safety. Mayor Kelly presented a plaque in appreciation for service on the Senior Center Advisory Committee to Mr. Marion Jenkins. City of Colleyville Page 4 Prinfed on 10/17/2007 City Council City Council Minutes October 2, 2007 Mr. Jenkins expressed appreciation to the City Council for the Senior Center and invited citizens to visit the Center and enjoy the activities. Mayor Kelly presented a plaque in appreciation for service on the Senior Center Advisory Committee to Mr. Jim Moore. Mayor Kelly expressed appreciation to Mr. Jenkins and Mr. Moore for their vision and commitment to establishing a Senior Center. Councilmember Taylor stated Mr. Moore and Mr. Jenkins were dedicated members of the inaugural committee and expressed appreciation for their service. Mayor Kelly presented a plaque to Mr. John Gray in recognition of service on the Colleyville Economic Development Corporation Board of Directors. Mr. John Gray expressed appreciation for the opportunity to serve. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2890 4a Approval of the minutes of the regular City Council meeting held on September 18, 2007 4b Approval of an agreement with Brian P. Hanlon for the purchase of a life-size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement 4c Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement 4d Approval of the Fiscal Year 2008 (FY2008) Agency Contractual Agreements for the Arts Council of Northeast Tarrant County, Alliance for Children, Safe Haven Tarrant County, Colleyville Heritage High School Project Graduation, Grapevine High School Project Graduation, Keller High School Project Graduation, Metroport Meals on Wheels, Mental Health Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), Special Needs Assistance Partners (SNAP), Colleyville Area Chamber of Commerce, and authorize the City Manager to execute the agreements 4e Approval of a request for a street name change for Sanders Lane, Case G-07-018 City of Colleyville Page 5 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 4f Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement 4g Approval of amended agreement for professional services and employment of the City Manager 4h Approval of the Fiscal Year 2008 Annual Work Plan Mayor Kelly read Resolution R-07-2890 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-07-2890. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. 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 0-07-1642. Councilmember Hart seconded the motion. City of Colleyville Page 6 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1643 Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Mayor Kelly read the caption of Ordinance 0-07-1643. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a zoning change and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the existing driveway, the proposed driveway and the type of structure renovations. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2891 Consideration of an Appeal of the decision by the Sign Board of Appeals by Linda and Richard Seim, for a variance regarding a monument sign on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition, located at 3951 Brown Trail, Case G-07-017 Mayor Kelly read Resolution R-07-2891 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a variance, provisions for a scrolling sign and stated the Sign Board of Appeals denied the request. Mayor Kelly opened the public hearing. Ms. Linda Seim, 3951 Brown Trail, provided information regarding the construction of the sign. City of Colleyville Page 7 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 Mr. James Polk, 3913 Tremont Circle, spoke in opposition to the proposed resolution and regarding the illumination and scrolling frequency of the sign and safety issues. Ms. Sharla Hermes, 3909 Tremont Circle, spoke in opposition to the proposed resolution and regarding safety issues, the impact of the sign on property values and requested the current sign ordinance be revised to prevent any scrolling signs within 200 hundred feet of residential property. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding institutional signs. 7b R-07-2892 City Council requested the Sign Board of Appeals review the current sign ordinance for possible revisions and provide recommendations to the City Council. Mayor Kelly moved to deny Resolution R-07-2891, without prejudice. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler Approval to suspend the October 25, 2007, effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates Mayor Kelly read Resolution R-07-2892 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the recommendation to suspend the proposal by Atmos Energy to implement new rates. 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 Resolution R-07-2892. Mayor Pro Tem Ayers seconded the motion. City of Colleyville Page 8 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 The motion carried by the following vote: 7c 8. 9. There was no one present wishing to speak concerning this item. Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Senior Advisory Committee Minutes -August 16, 2007 Planning and Zoning Commission Minutes -September 10, 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 OCTOBER 2, 2007 -Reading and Public Hearing -Resolution R-07-2894 This resolution was not needed. Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler R-07-2893 Nominating candidates for the Tarrant Appraisal District Board of Directors Mayor Kelly read Resolution R-07-2893 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2893 nominating Mr. John Eubanks for a position on the Tarrant Appraisal District Board of Directors. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA REPORTS: City of Colleyville Page 9 Printed on 10/17/2007 City Council City Council Minutes October 2, 2007 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. Mayor Kelly adjourned the meeting at 8:13 p.m. APPROVED BY A VOTE OF Co AYES, © NAYS ND O ABSTENTIONS ON THIS THE /(, ~S DAY OF ,2007. Minutes taken and prepared by: , y~a~ , Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 10/17/2007