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)
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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
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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
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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.
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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.
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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.
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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.
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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".
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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.
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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