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HomeMy WebLinkAboutCity Council-Minutes-1/15/2008100 Main Street ,.,"--cr City of Colleyville Colleyville, Texas 76034 -~~ ,° - (817) 503-1000 ~ -~~~ ~~ Agenda wvrvv.colleyville.com ~,~_,a City Council Tuesday, January 15, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Monthly Financial Report -December 2007 PC-2 Discussion of City participation in the America In Bloom (AIB) Program PC-3 Discussion of appointing an ad hoc citizen committee to evaluate development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line PC-4 Discussion of the date and time for canvassing the results of the May 10, 2008 General Election PC-5 Update and discussion of SH26 improvements with funding evaluation of various statewide highway construction projects by Texas Department of Transportation (TxDOT) PC-6 Discussion of the January 15, 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/al Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville City of Colleyville Page 1 Printed on 1/11/2008 City Council Agenda January 15, 2008 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 transportation initiatives 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Dave Jung, Crown of Life Lutheran 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-08-2931 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation Recognizing Bob Willie, for 16 years of service as a School Crossing Guard -Pam Robinson, daughter of Mr. Willie -Police Chief Tommy Ingram and Lieutenant Rodney Cunningham Cify of Colleyville Page 2 Printed on 1/11/2008 City Council Agenda January 15, 2008 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2932 4a Approval of the minutes of the regular City Council meeting held on January 8, 2008 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission meeting held on December 19, 2007 4c Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program, and authorize the City Manager to execute the agreement 4d Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2007-2008 (FY 2007-08) sidewalk construction 4e Approval of a construction contract with McClendon Construction Company, Inc., for the Church Street Realignment Project-Phase II, in the amount of $1,018,867.30, and authorize the City Manager to execute the contract 4f Approval of a Professional Services Agreement with Teague, Nall and Perkins, Inc., for the Central Fire Station Traffic Signal, in the amount of $28,600.00, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1653 Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 5b 0-08-1654 Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1655 Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Cify of Colleyville Page 3 Printed on 1/11/2008 City Council Agenda January 15, 2008 6b 0-08-1656 Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 6c 0-08-1657 Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes -October 18, 2007 Senior Center Advisory Committee Minutes -November 15, 2007 Parks and Recreation Advisory Board Minutes -December 3, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 15, 2008 -Reading and Public Hearing -Resolution R-08-2933 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 11, 2008, by 5:0 m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 1/11/2008 ~~~"~`~~- City of Colleyville ~~ ~~ City Council Minutes ,,•., City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, January 15, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 15, 2008, at 5:43 p.m. ROLL CALL: Councilmembers Tony Licata, Rich Hendler, 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, Finance Director Terry Leake, Community Development and Business ,Strategies Director Chris Fuller, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:05 p.m. Councilmember Carol Wollin was absent. PC-1 Presentation of the Monthly Financial Report -December 2007 Finance Director Terry Leake presented the December 2007 Monthly Financial Report. PC-2 Discussion of City participation in the America In Bloom (AIB) Program Assistant City Manager Kelly Cooper provided an overview of the America in Bloom (AIB) program, outlined the benefits of the City's participation in the program and answered questions of the City Council. City Council determined that the City should participate in the program and work with various committees and civic leaders to identify programs and projects which meet the AIB criteria. PC-3 Discussion of appointing an ad hoc citizen committee to evaluate development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line Assistant City Manager Kelly Cooper reported, in response to the City's request, the Fort Worth Transit Authority (The T) will include the City in City of Colleyville Page 1 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 the environmental assessment for possible commuter rail facilities. Ms. Cooper stated, in response to City Council's desire for community involvement, this item provides for the discussion of the establishment of an ad hoc committee to evaluate the potential development of a commuter facility in conjunction with the Cotton Belt Communter Rail Line and the impact of the facility on the community. There was general discussion regarding the committee structure, scope, purpose and timeline for the final committee report to City Council. The City Council determined the committee would be established with thirteen members. Discussion continued regarding mediums for obtaining citizen input and utilizing the services of a professional firm to survey the residents regarding interest in a commuter rail facility. City Council determined the committee report would be submitted by December 2008, a community survey would be conducted, an item would be placed on the February 5, 2008, City Council agenda for consideration of establishing the committee and committee positions would be advertised for thirty days. PC-4 Discussion of the date and time for canvassing the results of the May 10, 2008 General Election City Council determined the canvass would be conducted on May 20, 2008 as the first order of business during the regular City Council meeting. PC-5 Update and discussion of SH26 improvements with funding evaluation of various statewide highway construction projects by Texas Department of Transportation (TxDOT) Mayor Kelly provided information regarding the status of the SH26 improvements and outlined proposed options for the project. City Manager Bill Lindley provided financial considerations for funding the project. City Council determined that Options 1 and 2 would be presented to the Texas Department of Transportation (TxDOT) for consideration. City of Colleyville Page 2 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 PC-6 Discussion of the January 15, 2007, City Council regular agenda items There was no discussion of this item. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:59 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 15, 2008, at 7:00 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, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development and Business Strategies Director Chris Fuller, Community Development Coordinator Ron Ruthven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin 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/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) City of Colleyville Page 3 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding transportation initiatives 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 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 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 7:01 p.m. and reconvened at 7:33 p.m. INVOCATION: Pastor Dave Jung, Crown of Life Lutheran 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-08-2931 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced the Grand Opening of McPherson Park and invited citizens to attend the festivities on Saturday, January 26, 2008, at 10:00 a.m. Mayor Kelly invited citizens to join the Colleyville Citizen's Police Academy, which begins January 24, 2008. Mayor Kelly announced the Colleyville Heritage High School production of Bye Bye Birdie, February 1-3, 2008 and February 7-9, 2008. Councilmember Taylor stated the cast of Bye Bye Birdie is very talented and invited everyone to attend the play. City of Colleyville Page 4 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 Mayor Kelly recognized Mr. Robert "Bob" Willie, posthumously, who served as a School Crossing Guard for sixteen years and Ms. Pam Robinson, daughter of Mr. Willie, accepted a plaque on his behalf. Police Chief Tommy Ingram expressed appreciation for Mr. Willie's commitment to the safety of the children in the community. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2932 4a Approval of the minutes of the regular City Council meeting held on January 8, 2008 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission meeting held on December 19, 2007 4c Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program, and authorize the City Manager to execute the agreement 4d Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2007-2008 (FY 2007-08) sidewalk construction 4e Approval of a construction contract with McClendon Construction Company, Inc., for the Church Street Realignment Project-Phase II, in the amount of $1,018,867.30, and authorize the City Manager to execute the contract 4f Approval of a Professional Services Agreement with Teague, Nall and Perkins, Inc., for the Central Fire Station Traffic Signal, in the amount of $28,600.00, and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-08-2932 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-08-2932 Councilmember Hendler seconded the motion. City of Colleyville Page 5 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 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 0-08-1653 Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Mayor Kelly read the caption of Ordinance 0-08-1653. 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 Ordinance 0-08-1653. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin 5b 0-08-1654 Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 Mayor Kelly read the caption of Ordinance 0-08-1654. Mayor Kelly opened the public hearing. Mr. Marty Stajduhar, 101 Williamsburg Court, applicant, provided information regarding the business located on the property and the need for the expansion of the accessory building. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 6 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 Councilmember Licata moved to approve Ordinance 0-08-1654. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1655 Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Mayor Kelly read the caption of Ordinance 0-08-1655. Community Development and Business Strategies Director Chris Fuller provided an overview of the proposed amendments to Chapter 10 - Private Streets and Entrance Gates of the Land Development Code and outlined the Planning and Zoning Commission recommendations. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the need and process for confirming escrow of funds for street maintenance by the homeowner association. Community Development and Business Strategies Director Chis Fuller stated the Final Plat would indicate that the Homeowner Association will own and be responsible for all costs associated with maintenance and reconstruction of the private streets and staff can inspect the streets and require repairs to be made if necessary. 6b 0-08-1656 Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Mayor Kelly read the caption of Ordinance 0-08-1656. Community Development and Business Strategies Director Chris Fuller stated the Goodwill Donation Station submitted an application for rezoning to allow the relocation of the station and staff determined there are no donation station provisions in the zoning ordinance. The -_ City of Colleyville Page 7 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 Planning and Zoning Commission and staff recommend that a donation station be a permitted use in the CC1, CC2 and CC3 zoning districts with the approval of a Special Use Permit. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the history of the donation station. 6c 0-08-1657 Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 Mayor Kelly read the caption of Ordinance 0-08-1657. Community Development and Business Strategies Director Chris Fuller provided an overview of the proposed amendments to the Land Development Code regarding landmark signs and stated staff recommends approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding sign content and the positive impact of signs to Colleyville businesses. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes -October 18, 2007 Senior Center Advisory Committee Minutes -November 15, 2007 Parks and Recreation Advisory Board Minutes -December 3, 2007 There was no discussion of this item. City of Colleyville Page 8 Printed on 2/7/2008 City Council City Council Minutes January 15, 2008 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 15, 2008 -Reading and Public Hearing -Resolution R-08-2933 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. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Carol Wollin Mayor Kelly adjourned the meeting at 8:10 p.m. APPROVED BY A VOTE OF ~ AYES, _~ NAYS AND D ABSTENTIONS ON THIS THE `S'-~•4 DAY OF 2008. Minutes taken and pre are by: ~ti Cynthia Singleton, TRMC, C C City Secretary City of Colleyville Page 9 Printed on 2/7/2008