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HomeMy WebLinkAboutCity Council-Minutes-6/3/2008 City of Colleyville City Hall 100 Main Street i `~~~~ ,~~ Colleyville, Texas 76034 _ Agenda 817.503.1000 ,, , ,~ www.colleyville.com City Council Tuesday, June 3, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation by Commissioner Fickes regarding high speed rail initiatives PC-2 Presentation of the landscape design for the Bogart Drive Paving and Drainage Improvement Project PC-3 Discussion of changing the dates of regular City Council meetings PC-4 Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) PC-5 Discussion of the June 3, 2008 City Council regular agenda items PC-6 City Council Portrait Sitting 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) Cify of Colleyville Page 1 Printed on 5/30/2008 City Council Agenda June 3, 2008 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Chester Hournbuckle, 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-08-2972 3. OATH OF OFFICE Administration of the Oath of Office to Councilmembers, Place 3 and Place 4 4. RECEPTION FOR CITY COUNCIL 5. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation In recognition for service on .the Colleyville City Council - Councilmember Rich Hendler Proclamation In recognition of the Colleyville Parks and Recreation 50th Anniversary - Monica Walsh, Director of Parks and Recreation 6. ELECTION OF MAYOR PRO TEM 6a Election of Mayor Pro Tem City of Colleyville Page 2 Printed on 5/30/2008 City Council Agenda June 3, 2008 7. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2973 7a Approval of the minutes of the regular City Council meeting of May 6, 2008 7b Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of May 27, 2008 7c Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement 7d Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 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 8b 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-08-1683 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 10. RESOLUTION(S): READING AND PUBLIC HEARING 10a R-08-2974 Consideration of appointment to the Commuter Rail Committee 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 5/30/2008 City Council Agenda June 3, 2008 12. REPORTS: Colleyville Senior Center Advisory Committee Minutes -March 20, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 Colleyville Parks and Recreation Advisory Board Minutes -April 7, 2008 Colleyville Senior Center Advisory Committee Minutes -April 17, 2008 Commuter Rail Committee Minutes -May 5, 2008 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 3, 2008 - Reading and Public Hearing -Resolution R-08-2975 14. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on May 30, 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. 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 5/30/2008 ,~~.:, City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vwvw.colleyville.com Tuesday, June 3, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 3, 2008, at 5:36 p.m. PC-1 Mayor Kelly stated the Oath of Office would be administered to Mayor Pro Tem Ayers and Councilmember-elect Stan Hall during the regular meeting and expressed appreciation to outgoing Councilmember Hendler for six years of service on the City Council. Mayor Kelly welcomed Attorney Cathy Cunningham serving in City Attorney Matthew Boyle's absence. 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, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Economic Development Manager Mike Johnston, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. Presentation by Commissioner Fickes regarding high speed rail initiatives Mayor Kelly welcomed and introduced Tarrant County Commissioner Gary Fickes. Commissioner Fickes introduced Ms. Carolyn Sims, Precinct Administrator and Mr. Travis Kelly of Dean International, Inc. Commissioner Fickes expressed appreciation for the opportunity to present the Texas High Speed Rail and Transportation Corporation vision and spoke regarding the cost and support of the system, trade and economic impact, benefits of connectivity and system safety and answered questions of the City Council. City of Colleyville Page 1 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 PC-2 PC-3 PC-4 PC-5 PC-6 Presentation of the landscape design for the Bogart Drive Paving and Drainage Improvement Project Public Works Director Steve Chutchian presented information regarding the contract for the landscape design for the Bogart Drive Paving and Drainage Improvement Project and introduced Mr. John Levitt of Chiang, Patel & Yerby, and Gary Kutilek of The Landscape Alliance, Inc., who developed the landscaping and irrigation plan. Mr. John Levitt and Mr. Gary Kutilek provided an overview of the design, proposed landscaping and irrigation plan and answered questions of the City Council. There was general discussion regarding the roundabout design and timeline for project completion. Discussion of changing the dates of regular City Council meetings City Secretary Cynthia Singleton proposed the first regular City Council meeting of November 4, 2008, be moved to Wednesday, November 5, 2008, due to the National Election and the second regular City Council meeting of March 17, 2009, be moved to Tuesday, March 24, 2009, due to the Grapevine-Colleyville Independent School District spring break. City Council determined the meetings would be changed as proposed. Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) City Council designated Mayor Kelly as the voting representative to the North Central Texas Council of Governments. Discussion of the June 3, 2008 City Council regular agenda items Mayor Kelly reminded City Council of the Oath of Office ceremony and the election of Mayor Pro Tem. City Council Portrait Sitting There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:28 p.m. and the City Council convened for the City Council portrait. City of Colleyville Page 2 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on June 3, 2008, at 6:50 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, Police Chief Tommy Ingram, Interim Economic Development Manager Mike Johnston, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Cathy Cunningham 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. 551.074 - 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 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 551.74, 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 6:50 p.m. and reconvened at 7:42 p.m. City of Colleyville Page 3 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 INVOCATION: Pastor Chester Hournbuckle, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2972 This resolution was not needed. 3. OATH OF OFFICE City Secretary Cynthia Singleton administered the Oath of Office to Councilmember Stan Hall and Councilmember Jon Ayers. 4. RECEPTION FOR CITY COUNCIL Mayor Kelly congratulated Councilmember Hall and Councilmember Ayers. Mayor Kelly recessed the meeting at 7:46 p.m. for the reception and reconvened at 8:03 p.m. 5. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin announced National Garden Clubs, Incorporated, designated June 1-7, 2008, as National Garden Week to recognize local garden clubs for efforts to beautify the community. Councilmember Wollin invited citizens to participate in the Colleyville Public Library "Read, Explore and Go Wild" summer reading program and join "Safari Guide" Mayor Kelly on June 16, 2008 at 10:30 a.m. for opening day ceremonies. Councilmember Taylor invited citizens to participate in the Colleyville Lions Club xSIGHTment Run on Saturday, June 7, 2008, at 7:30 a.m. at the Colleyville Center. Mayor Kelly invited citizens to the Old Tyme Barbeque Cook-off festivities, benefiting the Special Olympics, on Friday, June 7, 2008, at 6:30 p.m. at City Hall and continuing on Saturday, June 8, with the Barbeque cook-off, the Kids-Q cook-off and the pie and cake contest. City of Colleyville Page 4 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 Mayor Kelly expressed appreciation to Councilmember Hendler for eight years of service on the Parks and Recreation Advisory Board and six years as a Councilmember and stated Councilmember Hendler is an advocate and visionary for the parks system, Tree City USA, athletic fields and the environment and served as a mentor during the Mayor's initial service as Mayor. Mayor Kelly presented Councilmember Hendler with an engraved crystal vase. Councilmember Hendler expressed appreciation to city employees, City Council, Mayor Kelly, citizens, family members, Elaine Dolan, Richard Newton and George Boll and board, committee and commission members and spoke regarding his service to the City including Tree City USA, the Ethics Commission, Donation Policy, Master Plan revisions, Charter revisions, Economic Development Taskforce, sports and youth athletic activities and fields and collaborative efforts with the Grapevine-Colleyville Independent School District. Councilman Hendler expressed appreciation to Dave Dudziak, Sean Roche, Steve Magee, Michael Muhm, Mike Taylor and Lee Skaatrud. Mayor Kelly stated Councilman Hendler will serve on the Commuter Rail Committee. Mayor Kelly presented a Proclamation to Parks and Recreation Director Monica Walsh in recognition of the Colleyville Parks and Recreation 50th Anniversary. Parks and Recreation Director Monica Walsh invited citizens to celebrate the Parks and Recreation Department's 50th anniversary by attending the first Colleyville drive-in movie on June 13, 2008, 7:00 p.m., at City Park, and the old car contest and concessions. Councilmember Taylor commended Councilmember Hendler for his service to the City and thanked him for his friendship. Mayor Pro Tem Ayers expressed appreciation to Councilmember Hendler for his selfless service, energy, enthusiasm, positive changes, contributions and friendship. 6. ELECTION OF MAYOR PRO TEM 6a Election of Mayor Pro Tem Mayor Kelly moved to elect Councilmember Ayers as Mayor Pro Tem. Councilmember Taylor seconded the motion. Cify of Colleyville Page 5 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2973 7a Approval of the minutes of the regular City Council meeting of May 20, 2008 7b Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of May 27, 2008 7c Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement 7d Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department Mayor Kelly read Resolution R-08-2973 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-08-2973. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly expressed appreciation to the Colleyville Rotary Club for the donation of the emergency medical training mannequin. 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 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 City of Colleyville Page 6 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 Mayor Kelly read the caption of Ordinance 0-08-1681. Mayor Kelly opened the public hearing. Ms. Kathy Fontano, 737 Bluebonnet, Hurst, Texas, representing the 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. Councilmember Hart moved to approve Ordinance 0-08-1681. Mayor Pro Tem 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 Nay: 1 -Stan Hall 8b 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Mayor Kelly read the caption of Ordinance 0-08-1682. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1415 Glade Road, spoke regarding negotiations with Atmos Energy Corporation and in opposition to the proposed ordinance. Ms. Mary Jean Maloney, Atmos Energy Corporation representative, stated, "We are under negotiations and, hopefully soon, will be finished with the full Atmos franchise, which expired recently. The opportunity for the franchise fee change came about as part of another proceeding and Atmos agreed to that and there was a time period that they ask for a response and we went ahead and responded to that. The amount of the franchise fee is not even under discussion to change again in the new franchise. It will stay the same as this amendment, so that will be the same in the new franchise." Councilmember Licata asked the City Attorney, "It is my understanding that because of the most favored nation's clause in our contract and because Atmos agreed to increase the franchise fee at another City, we automatically have that right now, if we choose to?" City Attorney Cathy Cunningham responded, "Yes sir". City of Colleyville Page 7 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 City Manager Bill Lindley stated the franchise fee is provided to the City for the use of City right-of-way and spoke regarding cost of maintaining the right-of-way. There was general discussion regarding the monthly billing increase to residents. Mayor Kelly moved to approve Ordinance 0-08-1682. Councilman Taylor seconded the motion. The motion was denied by the following vote: Aye: 3 -David Kelly, Stan Hall, Mike Taylor Nay: 4 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart Councilmember Hart moved to deny Ordinance 0-08-1682. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -Tom Hart, Mike Taylor, Carol Wollin, Tony Licata, David Kelly, Jon Ayers Nay: 1 -Stan Hall 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-08-1683 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Mayor Kelly read the caption of Ordinance 0-08-1683. Community Development Coordinator Ron Ruthven provided an overview of the request for a zoning change from AG-Agricultural to CC1-Village Retail and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Prinfed on 6/27/2008 City Council City Council Minutes June 3, 2008 Mr. Kipp Whitman, 1501 Hall Johnson Road, provided an overview of the proposed office and retail development and distributed a revised site plan to City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the timeline for the project, the Land Development Code buffering requirement between commercial and residential development and the minimum lot configuration standards. 10. RESOLUTION(S): READING AND PUBLIC HEARING 10a R-08-2974 Consideration of appointment to the Commuter Rail Committee Mayor Kelly read Resolution R-08-2974 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 Hall moved to approve Resolution R-08-2974, appointing Mr. Keath Hance to the Commuter Rail Committee. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 12. REPORTS: Colleyville Senior Center Advisory Committee Minutes -March 20, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 Colleyville Parks and Recreation Advisory Board Minutes -April 7, 2008 Colleyville Senior Center Advisory Committee Minutes -April 17, 2008 Commuter Rail Committee Minutes -May 5, 2008 City of Colleyville Page 9 Printed on 6/27/2008 City Council City Council Minutes June 3, 2008 There was no discussion of this item. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 3, 2008 - Reading and Public Hearing -Resolution R-08-2975 This resolution was not needed. 14. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:51 p.m. APPROVED BY A VOTE OF _~ AYES, D NAYS AND ~ ABSTENTIONS ON THIS THE ~`7~ DAY OF 2008. Minutes taken and prepared b , ynthia ~ gleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 6/27/2008