HomeMy WebLinkAboutCity Council-Minutes-3/4/2008City of Colleyville 100 Main Street
Colleyville, Texas 76034
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9
City Council
Tuesday, March 4, 2008 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of enhancements to the Council dais computers
PC-2 Discussion of the Street Capital Improvement Plan (CIP)
PC-3 Discussion of Utility Pole Funding
PC-4 Discussion of a date and time for the Board, Commission and
Committee Appreciation event
PC-5 Discussion of annual update regarding land use changes and the
Comprehensive Plan
PC-6 Discussion of the March 4, 2008, 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 -Raman
Chandler 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 litigation -Raul
Rodriguez v. City of Colleyville (Bill Hudgins)
City of Colleyville Page 1 Printed on 2/29/2008
City Council Agenda March 4, 2008
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. 551.072 - Property -Deliberate the purchase, lease, sale,
exchange or value of real property regarding the former Fire Station
at 1900 Hall Johnson 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 Tim Perkins, 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-08-2948
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-08-2949
4a Approval of the minutes of the regular City Council meeting held on
February 19, 2008
4b Approval of the Renewal of an Interlocal Agreement with Tarrant County
for the Bogart Drive Improvements, and authorize the City Manager to
execute the agreement
4c Approval of an Agreement with Komatsu Architecture to Conduct a
Market and Financial Analysis/Feasibility Study for Expansion of or
Renovation to Colleyville Center in an amount not to exceed $49,000.00,
and authorize the City Manager to execute the agreement
City of Colleyville Page 2 Printed on 2/29/2008
City Council Agenda March 4, 2008
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-08-1664 Approval of a request for a Special Use Permit for an accessory building
on Lot 1, Block 1 of the Thomas Cole Addition located at 4812 Bransford
Road, Case Z-08-005
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-08-1665 Approval of a request for a zoning change from R40-Single Family
Residential to PUDC-Planned Unit Development Commercial on 2.0
acres out of the David R. Teeter Survey located at 3900 Jackson Road,
Case Z-08-006
6b 0-08-1666 Approval of a request for a Special Use Permit for a charitable donation
station on Tract 2C03, Abstract 206 of the B.B.B. and C. Ry Survey
located at 4917 Colleyville Boulevard, Case Z-08-003
6c 0-08-1667 Approval of a request to amend the zoning and development
requirements of the Planned Unit Development of Lot 9, Block 6R of the
Woodbriar Estates West Addition located at 99, 101 and 103 Cheek
Sparger Road, Case Z-08-007
7. TABLED ITEM AND PUBLIC HEARING
7a 0-08-1659 Approval of a request for a zoning change from AG-Agricultural to
PUDR-Planned Unit Development Residential on 6.4 acres out of the
George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
Planning and Zoning Commission Minutes -February 11, 2008
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 4, 2008 -
Reading and Public Hearing -Resolution R-08-2950
11. ADJOURNMENT:
City of Colleyville Page 3 Printed on 3/3/2008
City Council Agenda March 4, 2008
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
February 29, 2008, by 5' .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 2/29/2008
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City Council
Tuesday, March 4, 2008
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on March 4, 2008, at 5:32 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, Fire Chief Mike Johnston, Public Works Director Steve
Chutchian, Finance Director Terry Leake, Community Development
and Business Strategies Director Chris Fuller, Communications
Manager Mona Gandy, Lieutenant Rodney Cunningham, Audio
Visual Technician Lawrence Gise, City Attorney Matthew Boyle and
Records Coordinator Nicole Seidel were also present.
Mayor Pro Tem Jon Ayers was absent.
Councilmember Rich Hendler was absent.
PC-1 Discussion of enhancements to the Council dais computers
Assistant City Manager Kelly Cooper provided information regarding
possible enhancements to the Council dais computers.
There was general discussion regarding the upgrade of the Council dais
computer monitors and the cabinetry.
Council determined further consideration of the project will be addressed
within the next two years.
PC-2 Discussion of the Street Capital Improvement Plan (CIP)
Public Works Director Steve Chutchian provided an update on the state
and federal funding of the intersection and roadway projects and the
potential funding impact on the Street Capital Improvement Plan.
Finance Director Terry Leake provided an update on the funding for the
CIP and a review of the funding for the SH26 project.
City of Colleyville Page 1 Printed on 3/12/2008
City Council City Council Minutes March 4, 2008
Discussion ensued regarding funding for SH261andscape and
hardscape improvements.
Councilmember Licata requested clarification regarding long and short
term financing options and examples of types of projects which could be
financed long term.
Finance Director Terry Leake provided information regarding long and
short term financing options.
Discussion ensued regarding sidewalk and SH26 funding options.
City Manager Bill Lindley clarified the monies available can be allocated
differently should the Council choose to do so.
Councilmember Licata recommended the sidewalk funding remain
separate from the SH26 funding.
City Manager Bill Lindley commended the City Council for utilitzing
available county and state resources, as well as Commissioner Gary
Fickes, Judge Glen Whitley and State Representative Vicki Truitt for
management of funds for various projects.
PC-3 Discussion of Utility Pole Funding
Finance Director Terry Leake provided two options for utility pole
funding: the first option is the use of available cash and the second
option is a debt issuance for the new poles.
There was general discussion regarding funding sources, tax rate,
purchasing economy of scale and the repair and storage of poles.
Council requested staff schedule an onsite trip to the cities of Garland
and Forney to view the proposed fiberglass poles.
Council determined the City would not stockpile poles after the initial
purchase and Oncor would be responsible for replacement of any
damaged poles.
PC-4 Discussion of a date and time for the Board, Commission and
Committee Appreciation event
Council determined the Board, Commission and Committee Appreciation
Event will be held on Tuesday, September 9, 2008.
City of Colleyville Page 2 Printed on 3/12/2008
City Council City Council Minutes March 4, 2008
PC-5
PC-6
Discussion of annual update regarding land use changes and the
Comprehensive Plan
Community Development and Business Strategies Director Chris Fuller
provided the annual update regarding land use. changes and the
Comprehensive Plan.
Discussion of the March 4, 2008, City Council regular agenda items
Mayor Kelly stated the applicant has requested Agenda Item 6a be
withdrawn from consideration. City Attorney Matthew Boyle stated
Council can accept the request to withdraw the item and the item will be
removed from consideration and future agendas.
Councilmember Wollin stated she would recuse herself from considering
Agenda Item 7a due to a conflict of interest.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 6:39 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on March 4, 2008, at 6:40 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, Fire Chief Mike Johnston, Lieutenant Rodney Cunningham,
Public Works Director Steve Chutchian, City Engineer Chad Bartee,
Finance Director Terry Leake, Community Development and
Business Strategies Director Chris Fuller, Community Development
Coordinator Ron Ruthven, Colleyville Center Manager Lin Przybyl,
Communications Manager Mona Gandy, Audio Visual Technician
Lawrence Gise, Executive Secretary Christine Loven,
Administrative Assistant Marilyn Gilbert, City Attorney Matthew
Boyle and Records Coordinator Nicole Seidel were also present.
Mayor Pro Tem Jon Ayers arrived at 7:20 p.m.
Councilmember Rich Hendler was absent.
City of Colleyville Page 3 Printed on 3/12/2008
City Council City Council Minutes March 4, 2008
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 -Raman
Chandler 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 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. 551.072 - Property -Deliberate the purchase, lease, sale,
exchange or value of real property regarding the former Fire Station
at 1900 Hall Johnson 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 6:42 p.m. and reconvened at 7:36 p.m.
INVOCATION: Pastor Tim Perkins, Crown of Life Lutheran Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
City of Colleyville Page 4 Printed on 3/12/2008
City Council City Council Minutes March 4, 2008
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-08-2948
This resolution was not needed.
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Councilmember Wollin commended Colleyville Center staff and thanked
the citizens, Councilmembers and city staff who attended the Colleyville
Center 10th Anniversary celebration on March 3, 2008.
Mayor Kelly recognized Colleyville Center Manager Lin Przybyl, the
Center staff and Colleyville Center Advisory Committee Chair Mark
Johnson for the outstanding work on the Colleyville Center 10th
Anniversary celebration and thanked Councilmembers for attending the
event.
Mayor Kelly announced the City of Colleyville is now a toll tag center and
invited citizens to renew or register for a toll tag in the Utility Billing
department, located on the first floor of City Hall.
Mayor Kelly invited children and families to participate in the candy free
Hoppin' Good Egg Hunt at City Park, 3:00 to 5:00 p.m. on March 15,
2008.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2949
4a Approval of the minutes of the regular City Council meeting held on
February 19, 2008
4b Approval of the Renewal of an Interlocal Agreement with Tarrant County
for the Bogart Drive Improvements, and authorize the City Manager to
execute the agreement
4c Approval of an Agreement with Komatsu Architecture to Conduct a
Market and Financial Analysis/Feasibility Study for Expansion of or
Renovation to Colleyville Center in an amount not to exceed $49,000.00,
and authorize the City Manager to execute the agreement
Mayor Kelly read Resolution R-08-2949 in its entirety.
Mayor Kelly opened the public hearing.
City of Colleyville Page 5 Printed on 3/12/2008
City Council City Council Minutes March 4, 2008
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilmember Wollin moved to approve Resolution R-OS-2949.
Councilmember Hart 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 0-08-1664 Approval of a request for a Special Use Permit for an accessory building
on Lot 1, Block 1 of the Thomas Cole Addition located at 4812 Bransford
Road, Case Z-08-005
Mayor Kelly read the caption of Ordinance 0-08-1664.
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 0-08-1664.
Mayor Pro Tem Jon Ayers 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
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-08-1665 Approval of a request for a zoning change from R40-Single Family
Residential to PUDC-Planned Unit Development Commercial on 2.0
acres out of the David R. Teeter Survey located at 3900 Jackson Road,
Case Z-08-006
Mayor Kelly read the caption of Ordinance 0-08-1665.
City of Colleyville Page 6 Printed on 3H2/2008
City Council City Council Minutes March 4, 2008
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 accept the applicant's request to
withdraw the item.
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
6b 0-08-1666 Approval of a request for a Special Use Permit for a charitable donation
station on Tract 2C03, Abstract 206 of the B.B.B. and C. Ry Survey
located at 4917 Colleyville Boulevard, Case Z-08-003
Mayor Kelly read the caption of Ordinance 0-08-1666.
Development Coordinator Ron Ruthven provided an overview of the
request for a Special Use Permit for a charitable donation station and
stated the Planning and Zoning Commission recommends denial.
Mayor Kelly opened the public hearing.
Mr. Paul Anuke, Goodwill Building and Construction Manager, applicant,
was present to answer questions of the City Council and advised more
information would be provided at the March 11, 2008, City Council
meeting.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
6c 0-08-1667 Approval of a request to amend the zoning and development
requirements of the Planned Unit Development of Lot 9, Block 6R of the
Woodbriar Estates West Addition located at 99, 101 and 103 Cheek
Sparger Road, Case Z-08-007
Mayor Kelly read the caption of Ordinance 0-08-1667.
Development Coordinator Ron Ruthven provided an overview of the
request to amend the zoning and development requirements of the
Planned Unit Development and stated the Planning and Zoning
Commission and staff recommends approval.
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City Council City Council Minutes March 4, 2008
Mayor Kelly opened the public hearing.
Mr. Billy Elliott, 2232 Eldger Drive, Plano, Texas, 75028, applicant,
provided an overview of the proposed self storage facility.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
7. TABLED ITEM AND PUBLIC HEARING
7a 0-08-1659 Approval of a request for a zoning change from AG-Agricultural to
PUDR-Planned Unit Development Residential on 6.4 acres out of the
George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002
Mayor Kelly read the caption of Ordinance 0-08-1659.
Councilmember Wollin recused herself from consideration of this item
due to a conflict of interest.
Development Coordinator Ron Ruthven, provided an update of the
request for a zoning change from AG-Agricultural to R20-Single Family
Residential, and stated the applicant changed the request from R20
Single Family Residential to PUDR-Planned Unit Development
Residential Zoning District and has submitted a revised Statement of
Planning Objectives and a revised Site Plan. Mr. Ruthven stated the
Planning and Zoning Commission recommended approval of the R20
request at the January 14, 2008 meeting and staff recommends approval
with the additional requirements stated within the proposed PUDR
ordinance. Mr. Ruthven further stated since opposition within 200 feet of
the subject property exceeds 20%, the request can only be approved by
a supermajority vote by the City Council.
Mayor Kelly opened the public hearing.
Mr. Curtis Young, 8003 Jefferson Circle, applicant, provided an update of
the proposed development and spoke regarding the change in zoning
from R20 to PUDR and regarding drainage and siltation and answered
questions of the City Council.
Mr. Stephen Tomme, representing Clearwater Development, stated, "any
contractors working on the property will retain a minimum of 1 million
dollars of liability insurance and both Clearwater Development and RP25
will be added as additional insurers and will provide a copy of the
insurance certificate to the Lakes of Somerset Homeowners'
Association."
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City Council City Council Minutes March 4, 2008
Mr. Wes Lansford, 1313 Glade Road, spoke in opposition to the
proposed ordinance and regarding lot size, zoning and drainage issues.
Mr. Harold Whitten, 1209 Garry Lynne Drive, spoke in support of the
proposed ordinance and regarding the drainage issues.
Mr. Terrance Grisso, 1205 Glade Road, spoke in opposition to the
proposed ordinance and regarding lot size, estate homes, drainage
issues, green space, future use of adjacent property and traffic.
Mr. Robert Potter, 1104 Chatsworth Court West, President, Lakes of
Somerset Homeowners' Association, spoke in support of the
development and the proposed ordinance.
Mr. Steve Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding lot density.
Mr. William Hubbard, 1309 Glade Road, spoke in opposition to the
proposed ordinance and regarding drainage, flooding and run-off, the
City's financial responsibility for anticipated drainage and road
maintenance by the neighborhood homeowners association.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilmember Taylor spoke regarding the developer addressing the
drainage concerns and stated it appears the development is acceptable.
Mayor Kelly asked the applicant about a guarantee that the development
will be built as it was presented and requested an explanation of the
revised site plan and the setback reduction of a total of 38,000 square
feet.
Mr. Young stated the land was added to the open space as a better
solution for the City and for maintenance, but stated they can add the
land back to the setback if the Council desires.
Mayor Pro Tem Ayers requested the City Manager address the drainage
issues and the construction of the drainage features.
City Manager Bill Lindley stated, the City has taken measures to
effectively minimize flooding in all directions of the development.
Discussion ensued regarding the reduction of the number of lots from
nine to seven lots.
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City Council City Council Minutes March 4, 2008
Mayor Kelly discussed the original R20 request, the lot boundaries and
original square footage of the estate style lots.
8.
9.
Councilmember Taylor spoke regarding drainage and run-off onto Mr.
Hubbard's property and the creek encompassing the run-off and the
floodplain.
Councilmember Licata questioned the applicant regarding the licensed
engineer, if the engineer is bonded and whether the applicant has any
reason to believe there is any danger of flooding any of the neighboring
properties in any direction.
Mr. Young stated the development will improve the drainage in all
directions and will pose no danger to any neighbors.
Mayor Kelly spoke regarding the future sale of lots and stated he does
not have a problem with the R20 and his desire is for the lots to be
configured as estate style lots.
Councilmember Licata spoke regarding lot size, estate lots, the frontage
on Glade Road and the homeowners association maintaining the green
space rather than a single homeowner.
Councilmember Taylor moved to approve Ordinance 0-08-1659.
Mayor Kelly seconded the motion and proposed an amendment that the
developer will construct a masonry or stone retaining wall on the west
side and replace any existing retaining wall material along the creek.
Councilmember Taylor accepted the friendly amendment by the Mayor.
The motion carried by the following vote:
Aye: 5 -David Kelly, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor
Absent: 1 -Rich Hendler
Abstain: 1 -Carol Wollin
CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
REPORTS:
There was no one present wishing to speak concerning this item.
Planning and Zoning Commission Minutes -February 11, 2008
There was no action take on this item.
City of Colleyville Page 10 Printed on 3/12/2008
City Council City Council Minutes -Draft March 4, 2008
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 4, 2008 -
Reading and Public Hearing -Resolution R-08-2950
This resolution was not needed.
11. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Wollin moved to adjourn.
Councilmember Hart 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
Mayor Kelly adjourned the meeting at 8:55 p.m.
APPROVED BY A VOTE OF _~ AYES,' D NAYS AND
ABSTENTIONS ON THIS THE ~'~- DAY OF o~-lll~J1,(~ ~,
2008.
Minutes taken and prepared by:
Nicole Seidel
Records Coordinator