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Home My WebLink AboutCity Council-Minutes-12/4/2007~=--~ ~ {~~I Y~;..~ City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, December 4, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Street Capital Improvement Work Plan PC-2 Discussion of the December 4, 2007 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. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 - Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road City of Colleyville Page 1 Prinfed on 11/30/2007 City Council Agenda December 4, 2007 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Covenant 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-07-2910 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2911 4a Approval of the minutes of the regular City Council meeting held on November 27, 2007 4b Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 4c Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 4d Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 4e Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 4f Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 5. ORDINANCES(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1648 Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 City of Colleyville Page 2 Printed on 11/30/2007 City Council Agenda December 4, 2007 6. ORDINANCES(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1649 Amending the Code of Ordinances by amending Chapter 90 by adding Section 90-04 imposing a tax on goods in transit 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Planning and Zoning Commission Minutes -November 12, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 4, 2007 -Reading and Public Hearing -Resolution R-07-2912 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 30, 2007, by 5:00 .m. Cynthia Singleton, TRMC, 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 3 Printed on 11/30/2007 ,,~, - ~, C ~ ty ~f C o ~ ~ eyV ~ ~ ~ e Col leyv0'~I le aTexas 76034 (~~~~,~, (817) 503-1000 City Council Minutes www.colleyville.com ~,.>. City Council Tuesday, December 4, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 4, 2007, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, 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, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. PC-1 Discussion of the Street Capital Improvement Work Plan This item provided an opportunity for City Council to discuss the Street Capital Improvement Work Plan, priority of projects, project scope, timeline, funding sources, grant opportunities and air quality initiatives and for Public Works Director Steve Chutchian to answer questions of the City Council. City Manager Bill Lindley stated further discussions would continue regarding methods of communicating the Capital Improvement Work Plan to the citizenry and the timeline for consideration of the Work Plan by the City Council. PC-2 Discussion of the December 4, 2007 regular agenda items Community Development and Business Strategies Director Chris Fuller provided information regarding Consent agenda items 4e and 4f, and Public Works Director Steve Chutchian spoke regarding the infrastructure of Phase I of the The Reserve. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:13 p.m. City of Colleyville Page 1 Printed on 12/19/2007 City Council City Council Minutes December 4, 2007 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 4, 2007, at 6:13 p.m. 1. 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. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 - Legal - Discussion of pending litigation - Raul Rodriguez v. City of Colleyville (Bill Hudgins) 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. 551.087 - 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 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Development Coordinator Director Ron Ruthven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 12/19/2007 City Council City Council Minutes December 4, 2007 INVOCATION: Pastor Ricky Texada, Covenant 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-07-2910 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin invited citizens to attend the Colleyville Senior Center Holiday Party on December 6, 2007 at 6:00 p.m. at the Colleyville Senior Center. Councilmember Wollin invited citizens to attend the Colleyville Public Library Holiday Open House on December 8, 2007, 1:00 p.m. to 3:00 p.m. Mayor Kelly stated the Celebrate Colleyville event held on Saturday, December 1, 2007, was a huge success and expressed appreciation to the Celebrate Colleyville Steering Committee and Communications Manager Mona Gandy and staff for coordinating the event. Councilmember Licata stated that citizens may speak on any agenda item including the Consent agenda items, during the public hearing. Mayor Kelly encouraged citizens to attend the Citizens Police Academy in January and contact Officer Bill Hudgins or visit the City of Colleyville web site for additional information. Councilman Hendler stated the Lions Club Breakfast with Santa was a great event and raised money for several local charities. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2911 4a Approval of the minutes of the regular City Council meeting held on November 27, 2007 4b Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 4c Approval of a Final Plat for The Enclave at Arbor Estates Addition City of Colleyville Page 3 Printed on 12/19/2007 City Council City Council Minutes December 4, 2007 located at 2505-2509 Hall Johnson Road, Case P-07-053 4d Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 4e R-07-2917 Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 4f R-07-2918 Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 Mayor Kelly read Resolution R-07-2911 in its entirety. Mayor Kelly opened the public hearing. Mr. Craig Cipperman, 6909 Providence Road, spoke in opposition to Consent agenda item 4e related to the trail location and regarding trail safety issues. Mr. David Bagwell, P.O. Box 1672, spoke in opposition to Consent agenda item 4e related to the trail location and presented an alternate trail path. Mr. Roger Lee, 409 Eventide Way, spoke in opposition to Consent agenda item 4e related to the trail location. Ms. Linda Baker, 4900 Behrens Road, spoke in opposition to Consent agenda item 4e related to the trail location and regarding a donation for the construction of the City Hall fountain. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly stated the letters from citizens regarding the pedestrian trail in The Reserve will be made part of the public record. Mayor Kelly asked City Attorney Matthew Boyle to clarify City Council's options for consideration of plats. Matthew Boyle stated, Consent agenda items 4b, 4c, 4d and 4e and 4f are all plat items. Under Chapter 212 of the Texas Local Government Code, which is consistent with the City's subdivision ordinance, the City Council's standard of review for consideration on platting items is City of Colleyville Page 4 Printed on 12/19/2007 City Council City Council Minutes December 4, 2007 ministerial only. In layman's terms that means, so long as the requirements of the City's subdivision ordinance are met, it is mandatory that the Council approve plats and failure to do so within 30 days of the Planning and Zoning Commission's consideration of the plat leaves the plat automatically deemed approved by law. I haven't read any staff comments on any of those five items that indicates any points of non-compliance with the City's subdivision ordinance. There was discussion regarding the realignment of the trail intersection at The Reserve and Whittier Heights and the dedication of a right-of-way or access easement by Mr. Bagwell. Mr. Ron Shirley, 5611 Colleyville Boulevard, spoke regarding a cooperative effort with Mr. David Bagwell regarding the development of the pedestrian trail. Councilmember Licata asked the City Attorney if City Council approves the plat, can Mr. Shirley voluntarily come back to City Council for consideration of a minor change to the Plat? City Attorney Matthew Boyle stated "Yes". Discussion continued regarding a cooperative effort between Mr. Shirley and Mr. Bagwell for the realignment of the trail, dedication of right-of-way or easement by Mr. Bagwell and tabling Items 4e and 4f until the December 18, 2007 City Council meeting. Mayor Pro Tem Ayers moved to remove items 4e and 4f from the Consent agenda and continue Consent items 4e and 4f to a date certain of December 18, 2007, City Council meeting and reopen the public hearing on that continued date. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor Mayor Pro Tem Ayers moved to approve Resolution R-07-2911. Councilmember Hart seconded the motion. City of Colleyville Page 5 Printed on 12/19/2007 City Council City Council Minutes December 4, 2007 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor 5. ORDINANCES(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1648 Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colteyville Boulevard, Case Z-07-033 Mayor Kelly read the caption of Ordinance 0-07-1648. 6. 6a Mayor Kelly read the caption of Ordinance 0-07-1649. Finance Director Terry Leake provided an overview of the proposed amendment to the Code of Ordinances regarding imposing tax on goods in transit. Mayor Kelly opened the public hearing. Mr. Mark Howe, 3100 Carisbrook Court, representing the applicant, was present to answer questions. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-07-1648. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor ORDINANCES(S): FIRST READING AND PUBLIC HEARING 0-07-1649 Amending the Code of Ordinances by amending Chapter 90 by adding Section 90-04 imposing a tax on goods in transit City of Colleyville Page 6 Printed on 12/19/2007 City Council City Council Minutes December 4, 2007 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Planning and Zoning Commission Minutes -November 12, 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 DECEMBER 4, 2007 -Reading and Public Hearing -Resolution R-07-2912 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wotlin moved to adjourn. Councilmember Hart seconded motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart Absent: 1 -Mike Taylor Mayor Kelly adjourned the meeting at 8:20 p.m. APPROVED BY A VOTE OF _~ AYES, NAYS AND O ABSTENTIONS ON THIS THE /~~S DAY OF~~~~yr~l~~ 2007. Minutes taken and prepared by: -~ Cynthia Singleton, TRMC, CMC City Secretary Cify of Colleyville Page 7 Printed on 12/19/2007