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HomeMy WebLinkAboutCity Council-Minutes-4/1/2008~~~~:,~, __ ~. <.:.. ~~ ' ~ ,:::., City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, April 1, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the date of administering the Oath of Office to newly elected Councilmembers PC-2 Discussion of the April 1, 2008, City Council regular agenda items 5:30 P.M. -COMMUTER RAIL COMMITTEE APPLICANT INTERVIEWS 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. 551.087 - 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 City of Colleyville Page 1 Printed on 3/28/2008 City Council Agenda April 1, 2008 INVOCATION: Pastor Lloyd McCutcheon, Assembly of God 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-08-2954 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of Grapevine-Colleyville Independent School District Education Foundation Day -Janice Kane, Executive Director, G-CISD Education Foundation 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2955 4a Approval of the minutes of the regular City Council meeting held on March 11, 2008 4b Approval of an Interlocal Agreement with the City of Euless for paving improvements on Heritage Avenue, and authorize the City Manager to execute the agreement 4c Approval to enter into a janitorial services agreement with Member's Building Maintenance LTD, in an amount not to exceed $78,500.00, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1668 Approval of an amendment to Ordinance 0-92-880 regarding setting fees and charges for City services and facilities, Case G-08-011 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1669 Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres- Addition located at 5314 Bransford Road, Case Z-08-009 City of Colleyville Page 2 Printed on 3/28/2008 City Council Agenda April 1, 2008 6b 0-08-1670 Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Pleasant Glade Farm Addition located at 3400 Glade Road, Case Z-08-011 6c 0-08-1671 Approval to declare unopposed candidates in the May 10, 2008, General Election elected to office and canceling the election 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2956 Consideration of appointments to the Commuter Rail Committee 7b R-08-2957 Consideration of appointments to the Celebrate Colleyville Steering Committee 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Traffic Safety Advisory Committee Minutes -January 8, 2007 Zoning Board of Adjustment Minutes -December 11, 2007 Colleyville Trails and Sidewalk Committee Minutes -December 11, 2007 Library Board Minutes -February 11, 2008 Planning and Zoning Commission Minutes -February 25, 2008 Planning and Zoning Commission Minutes -March 10, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 1, 2008 - Reading and Public Hearing -Resolution R-08-2958 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 28, 2008, by 5:00 p.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. City of Colleyville Page 3 Printed on 3/28/2008 City Council Agenda - April 1, 2008 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 3/28/2008 `~ ~ Clt of Colle V~~~e 100 Main Street ,~-;, Y Y Colleyville, Texas 76034 ~~ ~ 'I'~ (817) 503-1000 City Council Minutes www.colleyville.com ~~:: City Council Tuesday, April 1, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 1, 2008, at 5:34 p.m. ROLL CALL: Councilmembers Carol Wollin, 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, Police Lieutenant Rodney Cunningham, Interim Economic Development Manager Mike Johnston, Public Works Director Steve Chutchian, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, Community Center Manager Lin Przybyl, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the date of administering the Oath of Office to newly elected Councilmembers The City Council determined the Oath of Office would be administered to newly elected Councilmembers at the June 3, 2008, City Council meeting. PC-2 Discussion of the April 1, 2008, City Council regular agenda items There was general discussion of the appointment process for the Commuter Rail Committee. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 5:38 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 1, 2008, at 7:39 p.m. City of Colleyville Page 1 Printed on 4/16/2008 City Council City Council Minutes April 1, 2008 ROLL CALL: Councilmembers Carol Wollin, 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, Interim Economic Development Manager Mike Johnston, 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, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 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. 551.087 - 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 The City Council did not convene Executive Session. INVOCATION: Pastor Lloyd McCutcheon, Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 2 Printed on 4/16/2008 City Council City Council Minutes April 1, 2008 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2954 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly congratulated Police Chief Tommy Ingram and the Police Department for a low crime rate and the establishment of the Stop Thief Program, which discourages car theft. Mayor Kelly encouraged citizens to secure their homes and vehicles and to remove articles from their vehicles. Mayor Kelly invited citizens to attend the Senior Fraud Conference at the First United Methodist Church in Hurst, Texas, on April 4, 2008, at 8:00 a.m. Mayor Kelly invited citizens to participate in the Clean Sweep and Living Green event on April 26, 2008 at 8:30 a.m. The festivities will be held at McPherson Park and the Crud Cruiser and document shredding service will be at City Hall. He encouraged children in second through fifth grades to enter the recycled art contest. Mayor Kelly commended the Parks Department staff for the care and maintenance of the athletic fields for Opening Day Baseball and the Police Department staff for their service during the festivities. Mayor Kelly presented a Proclamation to Ms. Janice Kane, Executive Director, GCISD Education Foundation, in recognition of Grapevine-Colleyville Independent School District Education Foundation Day. Ms. Kane, on behalf of the Foundation, expressed appreciation to the City Council and the community for support, introduced President Don Johnson and stated the Foundation is proud to raise money for students and teachers. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2955 4a Approval of the minutes of the regular City Council meeting held on March 11, 2008 City of Colleyville Page 3 Printed on 4/16/2008 City Council City Council Minutes April 1, 2008 4b Approval of an Interlocal Agreement with the City of Euless for paving improvements on Heritage Avenue, and authorize the City Manager to execute the agreement 4c Approval to enter into a janitorial services agreement with Member's Building Maintenance LTD, in an amount not to exceed $78,500.00, and authorizing the City Manager to execute the agreement Mayor Kelly read Resolution R-08-2955 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-08-2955. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1668 Approval of an amendment to Ordinance 0-92-880 regarding setting fees and charges for City services and facilities, Case G-08-011 Mayor Kelly read the caption of Ordinance 0-08-1668. 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 Wollin moved to approve Ordinance 0-08-1668. Mayor Pro Tem Ayers seconded the motion. There was general discussion regarding industry standard permit fees, the proposed fee amount and cost to perform inspections. Councilmember Taylor made a friendly amendment to set the general permit fee to $10,000.00. City of Colleyville Page 4 Prinfed on 4/16/2008 City Council City Council Minutes April 1, 2008 Councilmember Wollin and Mayor Pro Tem Ayers accepted the friendly amendment. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1669 Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-08-009 Mayor Kelly read the caption of Ordinance 0-08-1669. Community Development Coordinator Ron Ruthven provided an overview of the request and outlined the criteria for state license class Type A and Type B, and stated staff recommends the proposed ordinance allow for a Type A or Type B license, subject to final approval for any change in State license type by the State of Texas Department of Aging and Disability Services, and the City's Building Official and Fire Marshal Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6b 0-08-1670 Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Pleasant Glade Farm Addition located at 3400 Glade Road, Case Z-08-011 Mayor Kelly read the caption of Ordinance 0-08-1670. Community Development Coordinator Ron Rutven provided an overview of the request for a Special Use Permit for an accessory building. Mayor Kelly opened the public hearing. Mr. Gary Cantrell, 3400 Glade Road, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 5 Printed on 4/16/2008 City Council City Council Minutes April 1, 2008 6c 7. 7a Mayor Kelly read Resolution R-08-2956 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. Mayor Kelly stated the resolution establishing the committee provided for a minimum of thirteen members. Mayor Kelly opened the floor for each Councilmember to nominate a member. Councilmember Wollin nominated Ms. Joyce Hammill. Councilmember Licata nominated Mr. John Paul Burnett. Councilmember Hendler nominated Mr. Michael Muhm. Mayor Pro Tem Ayers nominated Ms. Linda Baker. Councilmember Hart nominated Mr. John Leeper. Councilmember Taylor nominated Mr. Roger Nelson 0-08-1671 Approval to declare unopposed candidates in the May 10, 2008, General Election elected to office and canceling the election Mayor Kelly read the caption of Ordinance 0-08-1671. City Secretary Cynthia Singleton stated in the event that there are no write-in candidates and each candidate on the ballot is unopposed, the Texas Election Code authorizes City Council to cancel the General Election. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. RESOLUTION(S): READING AND PUBLIC HEARING R-08-2956 Consideration of appointments to the Commuter Rail Committee City of Colleyville Page 6 Printed on 4/16/2008 City Council City Council Minutes April 1, 2008 Mayor Kelly nominated Mr. Clif Davis. Mayor Kelly stated Councilmember-Elect Stan Hall will make a nomination to the Committee when he takes office. Mayor Kelly opened the floor for at-large nominations. Councilmember Licata nominated at-large members Ms. Kristen O' Regan, Mr. James Day, Mr. Paul Vigiletti, Mr. Bartley Butler, Mr. David Grimes, Mr. Fred Mills, Mr. John Gooding and Mr. Urmesh Shah. Mayor Pro Tem Ayers moved to approve Resolution R-08-2956 appointing Ms. Joyce Hammill, Mr. John Paul Burnett, Mr. Michael Muhm, Ms. Linda Baker, Mr. John Leeper, Mr. Roger Nelson, Mr. Clif Davis, Ms. Kristen O'Regan, Mr. James Day, Mr. Paul Vigiletti, Mr. Bartley Butler, Mr. David Grimes, Mr. Fred Mills, Mr. John Gooding and Mr. Urmesh Shah to the Commuter Rail Committee. Councilmember Taylor seconded the motion Councilmember Hendler expressed appreciation to the citizens who expressed interest in serving on the committee. Mayor Kelly commended the community for their interest in the committee and willingness to serve. Discussion ensued regarding rules of procedure for the committee. Councilmember Hart made a friendly amendment to appoint Councilmember Hendler to the Commuter Rail Committee when his term ends as Councilmember. Councilmember Taylor and Mayor Pro Tem Ayers accepted the friendly amendment. City Council determined a Joint City Council and Commuter Rail Committee meeting will be held April 22, 2008, at 6:00 p.m. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7b R-08-2957 Consideration of appointments to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-08-2957 in its entirety. City of Colleyville Page 7 Printed on 4/16/2008 City Council City Council Minutes April 1, 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 Wollin moved to approve Resolution R-08-2956, appointing Ms. Sue Anne Martinez and Mr. Pete Challinor to the Celebrate Colleyville Steering Committee with a term ending December 2009. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Traffic Safety Advisory Committee Minutes -January 8, 2007 Zoning Board of Adjustment Minutes -December 11, 2007 Colleyville Trails and Sidewalk Committee Minutes -December 11, 2007 Library Board Minutes -February 11, 2008 Planning and Zoning Commission Minutes -February 25, 2008 Planning and Zoning Commission Minutes -March 10, 2008 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 1, 2008 - Reading and Public Hearing -Resolution R-08-2958 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. City of Colleyville Page 8 Printed on 4/16/2008 City Council City Council Minutes April 1, 2008 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:23 p.m. APPROVED BY A VOTE OF ~ AYES, NAYS AND O ABSTENTIONS ON THIS THE ~ DAY OF a~ 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, C C City Secretary City of Colleyville Page 9 Printed on 4/16/2008