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HomeMy WebLinkAboutCity Council-Minutes-5/20/2008"ice i fw~ ' ~ ,.,.., City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, May 20, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Keep Colleyville Beautiful presentation and update PC-2 Presentation of the Monthly Financial Report - April 2008 PC-3 Presentation of the Quarterly Investment Report PC-4 Discussion of the May 20, 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) 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 City of Colleyville Page 1 Printed on 5/16/2008 City Council Agenda May 20, 2008 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Duane Bickel, Colleyville 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-08-2968 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation National Public Works Week May 18 - 24, 2008 - Steve Chutchian, Director of Public Works, Kelly Howell, Operations Manager, Ken Tywater, Utility Superintendent, James Watkins, Public Works ROAD-E-O Coordinator 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2969 4a Approval of the minutes of the regular City Council meeting held on May 6, 2008 4b Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1679 Approval of an amendment to Ordinance 0-04-1485 regarding Section 18-23 of Chapter 18-Buildings and Building Regulations, Case G-08-012 5b 0-08-1680 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 City of Colleyville Page 2 Printed on 5/16/2008 City Council Agenda May 20, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1681 Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 6b 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2970 Consideration of appointments to the Celebrate Colleyville Steering Committee 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Planning and Zoning Commission Minutes -April 28, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 20, 2008 - Reading and Public Hearing -Resolution R-08-2971 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 16, 2008, by 5:00 p .. 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 3 Printed on 5/16/2008 ,~„ r `'"~ r.-~:~- City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 20, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on May 20, 2008, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, and Mike Taylor were present. Mayor Pro Tem Jon Ayers, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, 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. Mayor David Kelly was absent. PC-1 Keep Colleyville Beautiful presentation and update Mr. Roger Nelson, Keep Colleyville Beautiful representative, provided an update of the Keep Colleyville Beautiful program and spoke regarding the annual cost of the program and the regulations for temporary signs. Mr. Nelson expressed appreciation to the City Council, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Administrative Secretary Wanda Drexel, Sign Technicians Mike Campbell and Homer Cruse and street adopters for the support and success of the program. He also recognized Mr. Chris Strittmatter for the donation and preparation of food for the volunteers and Mr. Eric Cook of Market Street for the donation of food. Councilmember Hendler expressed appreciation to Mr. Nelson for community leadership and the expansion of the Keep Colleyville Beautiful program. Councilmember Taylor expressed appreciation to Mr. Nelson for taking the Keep Colleyville Beautiful program to a new level. Cify of Colleyville Page 1 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 PC-2 PC-3 PC-4 1. Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Presentation of the Monthly Financial Report - April 2008 Finance Director Terry Leake presented the April 2008 Financial Report and stated the percentage of current year taxes collected is ahead of April 2007 and now exceeds 97% of the tax roll, and the sales tax revenue is 9.65% over the amount received in April 2007. Presentation of the Quarterly Investment Report Finance Director Terry Leake provided an overview of the Quarterly Investment Report. Discussion of the May 20, 2008 City Council regular agenda items There was general discussion of agenda item 5b, Ordinance 0-08-1680, regarding number of public parking spaces, fire safety and removal of the median. Parking space information, provided by the applicant, was distributed to the City Council. There being no further discussion, Mayor Pro Tem Ayers adjourned the Pre Council meeting at 6:20 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Ayers on May 20, 2008, at 6:21p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, and Mike Taylor were present. Mayor Pro Tem Jon Ayers, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Fire Marshal Robert McKeown, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Parks and Recreation Director Monica Walsh, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 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. 551.074 - 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 Mayor Pro Tem Ayers 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 6:21 p.m. and reconvened at 7:31 p.m. INVOCATION: Councilmember Mike Taylor 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-08-2968 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin spoke regarding the future expansion of the Colleyville Public Library and the planning process and requested citizens provide input by completing an online survey at www.colleyvillelibrary.com. City of Colleyville Page 3 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 Councilmember Licata encouraged citizens of all ages, especially teens and tweens, to complete the survey. Councilmember Taylor announced he attended a seminar on the high speed rail initiative in Texas. Mayor Pro Tem Ayers presented a Proclamation to Steve Chutchian, Director of Public Works; Chad Bartee, City Engineer; Kelly Howell, Operations Manager; Ken Tywater, Utility Superintendent and James Watkins, Public Works ROAD-E-O Coordinator, in recognition of National Public Works Week. Public Works Director Steve Chutchian expressed appreciation for the hard work and dedication of the Public Works staff and invited everyone to the annual Public Works Road-E-O, a competition on handling heavy equipment, on Friday, May 23, 2008, in the City of Euless. Utility Superintendant Ken Tywater distributed caps to the City Council. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2969 4a Approval of the minutes of the regular City Council meeting held on May 6, 2008 4b Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Mayor Pro Tem Ayers read Resolution R-08-2969 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2969. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly City of Colleyville Page 4 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING _ 5a 0-08-1679 Approval of an amendment to Ordinance 0-04-1485 regarding Section 18-23 of Chapter 18-Buildings and Building Regulations, Case G-08-012 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1679. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1679. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly 5b 0-08-1680 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1680. Community Development Coordinator Ron Ruthven stated the applicant amended the request to change the angled parking from a 30 degree to 45 degree angle on the street parking on the portion of Main Street between Village Lane and Pleasant Run Road and includes the removal of the median. Mr. Ruthven further stated staff supports the request to realign parking to a 45 degree angle and remove the median and reported the Planning and Zoning Commission recommended denial; therefore, approval of this item requires a super majority vote of the City Council Mayor Pro Tem Ayers opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke in favor of the proposed ordinance. Mr. Paul Zipperlen, 55 Main Street, spoke in favor of the proposed ordinance. City of Colleyville Page 5 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the replacement of the median with a decorative median flush with the street pavement, future parking expansion plans, relocation of trees, parking regulations and fire safety concerns. Mr. Jimmie Archie,74 Casa Lane, applicant, expressed appreciation to the City Council and staff for the collaborative efforts to expand the parking in the Village at Colleville. Councilmember Taylor moved to approve Ordinance 0-08-1680, with the amendment to Section 4, subsection c, to replace the median with a decorative median, constructed with brick, stone or an approved surface that resembles brick ~or stone, and install the median flush with the pavement. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1681 Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1681. Community Development Coordinator Ron Ruthven provided an overview of the request for a Special Use Permit for the sale of beer and wine for off-premise consumption and stated since the opposition within 200 feet of the subject property exceeds 20%, approval of the request requires a super majority vote by City Council. The Planning and Zoning Commission agreed to the request of a closing time of 10:00 p.m. and recommended approval. Mayor Pro Tem Ayers opened the public hearing. City of Colleyville Page 6 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 Ms. Kathy Fontana, 737 Bluebonnet, Hurst, Texas, representing the applicant, was present to answer questions of the City Council. 6b 7. 7a Mayor Pro Tem Ayers read Resolution R-08-2970 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the type of business, reason for opposition, distance requirements from schools, churches and hospitals and terms of the Special Use Permit. Councilmember Hart asked the City Attorney if the Special Use Permit stays with the location or remains with the leaseholder. City Attorney Matthew Boyle stated the City Council can determine the terms of the Special Use Permit. 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1682. Assistant City Manager Kelly Cooper provided an overview of the proposed amendment to the gas franchise between the City and Atmos Energy Corporation. Mayor Pro Tem Ayers opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding the impact of the franchise fee increase to the citizens. Ms. Mary Jean Moloney, Atmos Energy Corporation (Atmos) representative, stated Atmos has no objection to the proposed amendment. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. RESOLUTION(S): READING AND PUBLIC HEARING R-08-2970 Consideration of appointments to the Celebrate Colleyville Steering Committee City of Colleyville Page 7 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Mayor Pro Tem Ayers opened the floor for nominations. Councilmember Wollin moved to approve Resolution R-08-2970 appointing Ms. Shelley Johnson and Mr. Michael Muhm to the Celebrate Colleyville Steering Committee with a term expiring December 2009 and Ms. Faye Alldredge with a term expiring December 2008. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 20, 2008 - Reading and Public Hearing -Resolution R-08-2971 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly City of Colleyville Page 8 Printed on 6/4/2008 City Council City Council Minutes May 20, 2008 Mayor Pro Tem Jon Ayers commended Councilmember Hendler for his service as a City Councilmember for six years and as a member of various boards, commissions and committees. He further stated that it has been great to serve with Councilmember Hendler. Mayor Pro Tem Ayers adjourned the meeting at 8:21 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE ~~ DAY OF Minutes taken and prepared by. Cynthia Singleton, TRMC, CM City Secretary NAYS AND 2008. 0 City of Colleyville Page 9 Printed on 6/4/2008