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City of Colleyville
Agenda
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
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Tuesday, October 16, 2007
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of Joint City Council and Planning and Zoning Commission
meeting topics
PC-2 Presentation of the Monthly Financial Report -September 2007
PC-3 Discussion of the process for filling an unexpired term on the Celebrate
Colleyville Steering Committee
PC-4 Discussion of the October 16, 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, sale,
exchange or value of real property regarding the former City Hall at
5400 Bransford Road
Sec. 551.074 - Personnel - Deliberate the assignment, duties,
performance and evaluation of the City Manager
City of Colleyville Page 1 Printed on 10/12/2007
City Council Agenda October 16, 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: Pastor Dale Molden, First Baptist 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-07-2895
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Proclamation
In recognition of Chamber of Commerce Week, October 15-19, 2007 -
Steve Ewing, Chairman of the Board, Colleyville Area Chamber of
Commerce
Presentation
In recognition of employees for years of service
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2896
4a Approval of the minutes of the regular City Council meeting held on
October 2, 2007
4b Approval to enter into a janitorial services agreement with ABM Janitorial
Services, through the Tarrant County Cooperative Purchasing Program,
in an amount not to exceed $125,605.00, and authorize the City
Manager to execute the contract
4c Approval of a contract with High Sierra Electronics for advance flood
warning system lights for low water crossing sites, in an amount not to
exceed $206,112.20, and authorize the City Manager to execute the
contract
City of Colleyville Page 2 Printed on 10/12/2007
City Council Agenda October 16, 2007
4d Approval of the renewal of the Interlocal Cooperation Agreement with
the North Central Texas Council of Governments (NCTCOG) for
operation of commuter rail services, and authorize the City Manager to
execute the agreement
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 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
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07-1644 Consider an amendment to the Master Thoroughfare Plan to remove
Heritage Avenue from Glade Road to Cheek Sparger Road, Case
G-07-016
6b 0-07-1645 Approval of a zoning change from AG-Agricultural to PUDR-Planned
Unit Development Residential on 108.5 acres out of the Elizabeth Cox
Survey, John H. Havens Survey and the Jesse Doss Survey located in
the 4900 block of Heritage Avenue, Case Z-07-008
6c 0-07-1646 Approval of Amendment to Chapter 14-Animals of the Colleyville Code
of Ordinances to add Section 14-27 Horse-Drawn Carriages and update
Section 14.1 Definitions, Case G-07-019
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Parks and Recreation Advisory Board Minutes -September 10, 2007
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 16,
2007 -Reading and Public Hearing -Resolution R-07-2897
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
October 12, 2005, by 5:00 p.m.
City of Colleyville Page 3 Printed on 10/12/2007
City Council Agenda October 16, 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.
City of Colleyville Page 4 Printed on 10/12/2007
~~i~„ 100 Main Street
~ ~==' City of Colleyville Colleyville, Texas 76034
S~ (817) 503-1000
~, City Council Minutes www.colleyville.com
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City Council
Tuesday, October 16, 2007
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on October 16, 2007, at 5:40 p.m.
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, City
Engineer Chad Bartee, Finance Director Terry Leake, Community
Development and Business Strategies Director Chris Fuller,
Colleyville Center Manager Lin Przybyl, 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 Carol Wollin was absent.
PC-1
PC-2
Discussion of Joint City Council and Planning and Zoning Commission
meeting topics
The City Council determined the Joint City Council and Planning and
Zoning Commission Worksession will be held December 19, 2007, and
topics will include the role and responsibility of the City Council and
Planning and Zoning Commission, Land Development Code review,
economic development and transportation trend overview and other
items as determined by staff and the City Attorney.
Councilmember Taylor announced the Metroport Cities Partnership
meeting on Thursday, October 18, 2007, at the Grapevine City Hall, will
address transportation issues.
Presentation of the Monthly Financial Report -September 2007
Finance Director Terry Leake provided an overview of the September
2007 Financial Report, stated the Fiscal Year 2007 annual collection rate
is the third highest for ad valorem taxes and the September sales tax
revenue increased 16.9% over the amount received in September 2006
and answered questions of the City Council.
City of Colleyville Page 1 Printed on 11/9/2007
City Council City Council Minutes October 16, 2007
PC-3
PC-4
1.
Discussion of the process for filling an unexpired term on the Celebrate
Colleyville Steering Committee
The City Council determined that an item to consider an appointment to
the Celebrate Colleyville Steering Committee, to fill an unexpired term,
would be placed on the November 6, 2007, City Council meeting
agenda:
Discussion of the October 16, 2007, City Council regular agenda items
Community Development and Business Strategies Director Chris Fuller
distributed a Conceptual Land Plan and an Alternative Road
Configuration related to Agenda Items 6a and 6b and Mr. Chris Bosco
of Freese and Nichols provided information regarding the Traffic Impact
Analysis and answered questions of the City Council.
There was general discussion regarding trail and sidewalk development,
tree preservation, open space and flood plain retention and detention
requirements, traffic flow and volume and access to the proposed
development.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 6:44 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on October 16, 2007, at 6:44 p.m.
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, City
Engineer Chad Bartee, Finance Director Terry Leake, Community
Development and Business Strategies Director Chris Fuller,
Colleyville Center Manager Lin Przybyl, Human Resource Manager
Elise Welborn, 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.
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
City of Colleyville Page 2 Printed on 11/9/2007
City Council City Council Minutes October 16, 2007
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, sale,
exchange or value of real property regarding the former City Hall at
5400 Bransford Road
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
6
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 6:45 p.m. and reconvened at
7:31 p.m.
INVOCATION: Pastor Dale Molden, First Baptist 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-07-2895
This resolution was not needed.
City of Colleyville Page 3 Printed on 11/9/2007
City Council City Council Minutes October 16, 2007
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Mayor Kelly invited Colleyville students in grades 2 through 7 to enter the
Mayor fora Day contest. All contestants must submit an essay
addressing what they would do to make Colleyville the best City in North
Texas by October 26, 2007.
Councilmember Hendler announced Mayor Pro Tem Jon Ayers was
inducted into the Grapevine High School Alumnus Hall of Fame and the
Homecoming Queen Court included Caitlin Hendler, Tally McCormack
and Homecoming Queen Kristyn Popp.
Mayor Kelly presented a Proclamation to Mr. Steve Ewing, Chairman of
the Colleyville Area Chamber of Commerce Executive Board of
Directors, in recognition of Chamber of Commerce week.
Mr. Ewing, on behalf of the Colleyville Area Chamber of Commerce,
expressed appreciation for the support of the City Council and staff and
extended an invitation to attend the Chamber Expo at DFW Hilton Hotel
and Conference Center, Thursday, November 1, 2007.
Mayor Kelly recognized City employees Jennifer Chavez, Clayton Harris,
Joshua Large, Tiana McBurney, William Savage, Ryan Vitek, Charles
Wallace and Steven Wester for one year of service, Chad Bartee for five
years of service, Cynthia Singleton for ten years of service and Keith
Dovers for twenty years of service.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2896
4a Approval of the minutes of the regular City Council meeting held on
October 2, 2007
4b Approval to enter into a janitorial services agreement with ABM Janitorial
Services, through the Tarrant County Cooperative Purchasing Program,
in an amount not to exceed $125,605.00, and authorize the City
Manager to execute the contract
4c Approval of a contract with High Sierra Electronics for advance flood
warning system lights for low water crossing sites, in an amount not to
exceed $206,112.20, and authorize the City Manager to execute the
contract
City of Colleyville Page 4 Printed on 11/9/2007
City Council City Council Minutes October 16, 2007
4d Approval of the renewal of the Interlocal Cooperation Agreement with the
North Central Texas Council of Governments (NCTCOG) for operation of
commuter rail services, and authorize the City Manager to execute the
agreement
Mayor Kelly read Resolution R-07-2896 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-07-2896.
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
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 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.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1643.
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 11/9/2007
City Council City Council Minutes October 16, 2007
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07-1644 Consider an amendment to the Master Thoroughfare Plan to remove
Heritage Avenue from Glade Road to Cheek Sparger Road, Case
G-07-016
Mayor Kelly read the caption of Ordinance 0-07-1644.
Community Development and Business Strategies Director Chris Fuller
provided an overview of the request to amend the Master Thoroughfare
Plan and stated the Planning and Zoning Commission recommended
approval with certain conditions and staff recommends Heritage Avenue
remain as a major collector street with four lanes and 80 feet of
right-of-way.
Mayor Kelly opened the public hearing.
Mr. W. J. Shepherd, representing Landstat, L.P., P.O. Box 334,
Burleson, Texas, spoke regarding the capacity of Heritage Road as a
two lane road, the location of the trail and right-of-way ownership from
Glade Road to Cheek Sparger Road.
Mr. John Gray, 3300 Pembrooke Parkway South, representing
Woodland Hills Homeowner Association, spoke in favor of the proposed
ordinance.
Mr. Chris Hall, 4916 Prestwick Drive, spoke in favor of the proposed
ordinance and regarding traffic flow.
Mr. Rick Miller, 3605 Wexford Court, expressed appreciation to the City
Council and in favor of the proposed ordinance and regarding the
location of the hike and bike trail and the safety and security of children
attending nearby schools.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Community Development and Business Strategies Director Chris Fuller
reported that the applicant, as required, provided a traffic impact analysis
and the City hired Freese and Nichols to conduct a traffic impact analysis
and a Freese and Nichols representative is present to answer questions
of the City Council.
Mr. Chris Bosco of Freese and Nichols, spoke regarding the parameters
of the traffic analysis study, current and future traffic volume and stated
the study concluded that the Master Thoroughfare Plan should maintain
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City Council City Council Minutes October 16, 2007
Heritage Road as a four lane road based on the regional traffic plan.
There was general discussion regarding the development surrounding
Glade Road and Heritage Avenue, traffic volume and flow and service
levels at the intersection of Glade Road, Heritage Avenue and Cheek
Sparger Road.
There was general discussion regarding the timing and potential need for
a four lane road and citizen input relating to the Master Thoroughfare
Plan.
City Attorney Matthew Boyle stated there are two primary points with the
first and foremost being, in your current impact fee calculations including
what is anticipated impact fee funded roadways, are those roadways
included in the Thoroughfare Plan. So what went into the assumptions
to build your impact fee model included Heritage Avenue being a four
lane divided versus being a two lane. Second, not as important legally,
but may be more important from a real estate standpoint is that the
Thoroughfare Plan primarily preserves the ability for the City to both
obtain and maintain the necessary right-of-way to build up to four lanes
at a future date. There is no obligation by it being on the Thoroughfare
Plan to build two now, four now or four later at any particular point.
Instead, it actually just preserves the City's right to eventually, upon the
City's discretion, build four lanes.
6b 0-07-1645 Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit
Development Residential on 108.5 acres out of the Elizabeth Cox
Survey, John H. Havens Survey and the Jesse Doss Survey located in
the 4900 block of Heritage Avenue, Case Z-07-008
Mayor Kelly read the caption or Ordinance 0-07-1645.
Community Development and Business Strategies Director Chris Fuller
provided an overview of the request for the zoning change and stated
the Planning and Zoning Commission and staff recommended approval
with several conditions.
Mayor Kelly opened the public hearing.
Mr. W. J. Shepherd, representing Landstat L.P., P.O. Box 344, Burleson,
Texas, spoke regarding proposed Glade Road and Cheek Sparger Road
entrances to the proposed development, rear-yard setback, tree
preservation, location of trail and number of lots on a cul-de-sac street.
Mr. John Gray, 3300 Pembrooke Parkway, representing the Woodland
Hills Homeowner Association, spoke in favor of the proposed ordinance.
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City Council City Council Minutes October 16, 2007
Mr. Chris Hall, 4916 Prestwick Park, spoke in favor of the proposed
ordinance and regarding retail development and trail construction.
Mr. Rick Miller, 3605 Wexford Court, representing the Prestwick Park
Homeowner Association, spoke in favor of the proposed ordinance and
regarding the rear-yard setback, entrance to the proposed subdivision
and location of the hike and bike trail.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
City Council requested staff provide information regarding the impact of
the proposed development on the service levels at Glade Road, Cheek
Sparger Road and Heritage Avenue.
There was general discussion regarding the rear-yard setback,
maintenance of the rear-yard set back, conceptual site plan and trail
location.
City Attorney Matthew Boyle stated that the PUD section of the zoning
ordinance on the site plan, Section 6, states the site plan that must be
included with the application may be general in nature but shall include,
at a minimum, the following items where applicable: the proposed lot
layout and the general location of existing tree clusters. In addition, City
Council has the ability to add other restrictions that City Council deems
necessary to tie down those levels of details deemed necessary to give
the applicant's proposal favorable consideration.
The City Council requested the applicant provide a detailed site plan
including what is to be built, tree survey, location of retaining wall and the
functionality and safety benefit of the trail.
Discussion ensued regarding the interlocal agreement with the City of
Euless, trail and sidewalk construction, Glade Road intersection
improvements and access to the proposed development.
6c 0-07-1646 Approval of Amendment to Chapter 14-Animals of the Colleyville Code
of Ordinances to add Section 14-27 Horse-Drawn Carriages and update
Section 14.1 Definitions, Case G-07-019
Mayor Kelly read the caption or Ordinance 0-07-1646.
Community Development and Business Strategies Director Chris Fuller
provided an overview of the proposed amendment to Chapter
14-Animals of the Colleyville Code of Ordinances and stated staff
recommends approval.
City of Colleyville Page 8 Printed on 11/9/2007
City Council City Council Minutes October 16, 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.
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Jim Moore, 1415 Glade Road, spoke regarding the Colleyville Senior
Center exercise room and equipment and expressed appreciation for the
facility.
8. REPORTS:
Parks and Recreation Advisory Board Minutes -September 10, 2007
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 16,
2007 -Reading and Public Hearing -Resolution R-07-2897
This resolution was not needed.
10. 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 9:43 p.m.
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
Minutes taken and prepared by
~`7r `
Cynthia Singleton, TRMC, C C
City Secretary
;~ AYES, ~ NAYS AND ~~
_ ~~_~ DAY OF ~ 2007.
City of Colleyville Page 9 Printed on 11/9/2007