HomeMy WebLinkAboutCity Council-Minutes-6/17/2008t '~~F or
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City of Colleyville
Agenda
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, June 17, 2008
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of the process for filling an unexpired term on the Parks and
Recreation Advisory Board
PC-2 Presentation of the Monthly Financial Report -May 2008
PC-3 Discussion of the Street Capital Improvement Plan (CIP)
PC-4 Discussion of the June 17, 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 6/13/2008
City Council Agenda June 17, 2008
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Dr. David Parmer, Colleyville Baha'i Community
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-08-2976
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-08-2977
4a Approval of the minutes of the regular City Council meeting of June 3,
2008
4b Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual
purchase of water meters to Texas Water Products, in the amount of
$50,123.00, and authorize the City Manager to execute the contract
4c Approval of a construction contract with Access Paving, Inc., for the
2008 Sidewalk Improvements, in an amount not to exceed $63,019.00,
and authorize the City Manager to execute the contract
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 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
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-08-1684 Approval of an amendment to Chapter 7 -Sign Regulations of the Land
Development Code regarding vehicle sign set back from street
right-of-way, Case G-08-024
City of Colleyville Page 2 Printed on 6/13/2008
City Council Agenda June 17, 2008
6b 0-08-1685 Approval of an amendment to Chapter 7 -Sign Regulations of the Land
Development Code regarding Real Estate Open House Sign
Regulations, Case G-08-022
6c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY2009) of the
Colleyville Crime Control and Prevention District (CCCPD)
7. RESOLUTION(S):
READING AND PUBLIC HEARING
7a R-08-2978 Consideration of appointments to the Colleyville Economic Development
Corporation (CEDC) Board
7b R-08-2979 Approval of changing the dates of regular City Council meetings in
November 2008 and March 2009
7c R-08-2980 Approval to amend and replace Resolution R-07-2859, adopting Rules
of Procedure for City Council meetings pursuant to the authority granted
in Section 3.096 of the City Charter and establishing an effective date
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
Library Board Minutes -April 14, 2008
Zoning Board of Adjustment Minutes -April 29, 2008
Library Board Minutes -May 12, 2008
Planning and Zoning Commission Minutes -May 12, 2008
Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 17, 2008 -
Reading and Public Hearing -Resolution R-08-2981
11. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
June 13, 2008, by 5:00 p.m.
City of Colleyville Page 3 Printed on 6/13/2008
City Council ~,_.~ Agenda June 17, 2008
.c..
Cynthia ingleton, 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 6/13/2008
,,~,,, City Hall
~~ City of Colleyville 100 Main Street
,- Ifs; Colleyville, Texas 76034
City Council Minutes 817.503.1000
<~~,,~ www.colleyville.com
City Council
Tuesday, June 17, 2008
CITY COUNCIL CHAMBERS
PC-1
PC-2
PC-3
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on June 17, 2008, at 5:34 p.m.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
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, Public Works Director Steve
Chutchian, Finance Director Terry Leake, Utility Superintendant Ken
Tywater, Audio Visual Technician Lawrence Gise, City Attorney
Matthew Boyle and City Secretary Cynthia Singleton were also
present.
Discussion of the process for filling an unexpired term on the Parks and
Recreation Advisory Board
The City Council determined the Parks and Recreation Advisory Board
open position would be advertised during the regular advertising period
for board, commission and committee member terms expiring in
September.
Presentation of the Monthly Financial Report -May 2008
Finance Director Terry Leake presented the May 2008 Monthly Financial
Report.
Discussion of the Street Capital Improvement Plan (CIP)
Public Works Director Steve Chutchian presented an overview of the
Street Capital Improvement Plan, including the scope of work and
associated funding sources for residential street and intersection
improvements, utility poles on SH26 and the status of the SH26
improvements and answered questions of the City Council.
There was general discussion regarding the Texas Department of
Transportation (TxDOT) funding and timeline for the SH26
redevelopment project, landscaping, right-of-way acquisitions and impact
on economic development.
City of Colleyville Page 1 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
Finance Director Terry Leake presented information regarding the
funding sources for the Street Capital Improvement Plan and answered
questions of the City Council.
PC-4 Discussion of the June 17, 2008, City Council regular agenda items
There was general discussion regarding Agenda Item 5a, Ordinance
0-08-1683, regarding the requirements for a buffer and detention pond,
Consent Item 4b, regarding the bid amounts and Consent Item 4c
regarding the project completion date.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 6:34 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor Kelly on June 17, 2008, at 7:02 p.m.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
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, Public Works Director Steve
Chutchian, Utility Superintendent Ken Tywater, Finance Director
Terry Leake, Community Development Coordinator Ron Ruthven,
Planner Justin Bass, 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)
City of Colleyville Page 2 Printed on 7/3/2008
City Council City Council Minutes June 17, 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
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, 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 7:03 p.m. and reconvened at 7:42 p.m.
INVOCATION: Dr. David Parmer, Colleyville Baha'i Community
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-08-2976
This resolution was not needed.
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Councilmember Taylor expressed appreciation to Mayor Kelly for his
participation and support of the Lions Club xSIGHTment Run held on
June 7, 2008.
Mayor Kelly stated the annual Colleyville Barbeque Cook-off, which
benefits Special Olympics, held June 6-7, 2008, was a success due to
the efforts of Detective Kevin Walling, IESI, Colleyville Woman's Club,
the Charlie Hall family, Market Street, Wal-Mart, Fire Department and
other City of Colleyville staff.
Mayor Kelly stated the Parks and Recreation Department's 50th
Anniversary celebration was a fun family event, which included the first
drive-in movie in the City, antique vehicles and 1950's fashions.
Councilmember Taylor expressed appreciation to Police Chief Tommy
Ingram and staff, Public Works staff, Citizen Police Academy members
and Metroport Teen Court volunteers for assistance with the Lions Club
xSIGHTment Run event.
City of Colleyville Page 3 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
Councilmember Wollin announced everyone enjoyed the Colleyville
Public Library Opening Day activities and invited children and adults to
sign up for the summer reading program.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2977
4a Approval of the minutes of the regular City Council meeting of June 3,
2008
4b Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual
purchase of water meters to Texas Water Products, in the amount of
$50,123.00, and authorize the City Manager to execute the contract
4c Approval of a construction contract with Access Paving, Inc., for the
2008 Sidewalk Improvements, in an amount not to exceed $63,019.00,
and authorize the City Manager to execute the contract
Mayor Kelly read Resolution R-08-2977 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-08-2977.
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
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 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 stated a petition in
opposition to the proposed development was submitted by more than
20% of property owners within 200 feet of the proposed development;
therefore, a super majority vote of the City Council is required for
approval of the request.
City of Colleyville Page 4 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
Mayor Kelly opened the public hearing.
Mr. Kipp Whitman, 1501 Hall Johnson Road, spoke regarding the
detention pond, landscaping and buffering.
Mr. Dave Aistrup, 2201 Danielle Drive, spoke in opposition to the
proposed ordinance and regarding communication between the
developer and residents and economic development.
Ms. Pat Aistrup, 2201 Danielle Drive, spoke in opposition to the
proposed ordinance and regarding communication between the
developer and residents, a petition in opposition to the proposed
ordinance, proximity of homes to proposed development and drainage.
Mr. Farzin Hamraee, 2209 Danielle Drive, spoke in opposition to the
proposed ordinance, impact of proposed development on property value,
detention pond and buffering between commercial and residential
properties.
Mr. Tony Hampton, 2200 Danielle Drive, spoke in opposition to the
proposed ordinance and regarding buffering between the commercial
development and residents, maintenance of the screening fence and the
necessity and safety of a detention pond.
Mr. Ron Haskins, 2204 Danielle Drive, spoke in opposition to the
proposed development and regarding buffering between the proposed
development and residents and the retention pond.
Mr. Stephen Bates, 2205 Danielle Drive, spoke in opposition to the
proposed ordinance and regarding a screening buffer between the
proposed commercial development and residents, construction of the
detention pond and alternate zoning that allows for more control and
accountability.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly stated the City Council is only dealing with the subject
property outline today, which is zoned agricultural, and the applicant also
owns the property west toward SH26, which has been previously zoned
in past years and he can develop that property as he sees fit to the
standards that are in the ordinance for that property.
Discussion ensued regarding the requirements for screening and the
ownership of the current fence between the proposed development and
residential property.
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City Council City Council Minutes June 17, 2008
City Manager Bill Lindley stated the Land Development Code and the
zoning for CC-1 property requires an eight foot wood, masonry or
combination fence. If there is presently a fence on the adjoining property
and the developer of this property benefits from that fence, then the
developer would be responsible for the future maintenance and
reasonable care of the fence.
Discussion continued regarding development requirements for CC-1 and
PUD-C zoning and the potential expansion of the area for zoning
consideration.
Mayor Pro Tem Ayers asked the City Attorney to explain the process for
the developer to resubmit the zoning request as a PUD-C.
City Attorney Matthew Boyle stated there are both objective and
subjective requirements for a PUD application; you would have to be
certain you had an application that met the objective requirements for a
PUD-C in order to convert this from a straight zoning application to a
PUD-C zoning application. At a minimum, that would have to include a
detailed site plan that met lot width and depth requirements, in addition
to a whole series of additional requirements that Mr. Ruthven can
probably provide. But, you would have to have all of those in place
before you could consider a legislative standard review for approval of a
PUD-C zoning case.
Mayor Pro Tem Ayers asked the City Attorney if the City Council were to
pass this as CC-1, if the only discretion the City Council would have,
subsequently when a site plan is proposed, is strictly ministerial.
City Attorney Matthew Boyle stated that would be correct on both a site
plan and a plat basis for site plan and/or a plat on the lot that is subject
to the application, the adjacent CC-1 zoned lots or a combination of the
CC-1 lots to the left or west and the subject property.
Discussion continued regarding the allowed uses for Agricultural, CC-1
and PUD-C zoning and the process for changing the CC-1 zoning
request to a PUD-C.
Mayor Pro Tem Ayers moved to continue the public hearing for
Ordinance 0-08-1683 to July 1, 2008.
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
City of Colleyville Page 6 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
City Attorney Matthew Boyle stated, "One additional caveat that I must
interject is that we have to presuppose that you have the ability on the
subject property alone have its own freestanding PUD -ot; at this point,
we don't have enough information to make that determination. If it is not
the case, then you cannot have a PUD on just the subject property.
Between now and sooner than July 1, staff can make that
determination".
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-08-1684 Approval of an amendment to Chapter 7 -Sign Regulations of the Land
Development Code regarding vehicle sign set back from street
right-of-way, Case G-08-024
Mayor Kelly read the caption of Ordinance 0-08-1684.
Community Development Coordinator Ron Ruthven provided an
overview of the proposed amendment to Chapter 7 -Sign Regulations of
the Land Development Code regarding vehicle sign set back from street
right-of-way.
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 0-08-1685 Approval of an amendment to Chapter 7 -Sign Regulations of the Land
Development Code regarding Real Estate Open House Sign
Regulations, Case G-08-022
Mayor Kelly read the caption of Ordinance 0-08-1685.
Community Development Coordinator Ron Ruthven provided an
overview of the proposed amendment to Chapter 7 -Sign Regulations of
the Land Development Code regarding Real Estate Open House Sign
Regulations.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
City Council requested the proposed ordinance be revised to reflect
open house signs may exhibited midnight Friday to midnight Sunday.
Cify of Colleyville Page 7 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
6c
7.
7a
Mayor Kelly read Resolution R-08-2978 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 opened the floor for nominations.
Mayor Kelly moved to approve Resolution R-08-2978, appointing Mayor
Pro Tem Jon Ayers, Councilmember Tom Hart and Councilmember Tony
Licata to the Colleyville Economic Development Corporation Board with
a term concurrent with their City Council term.
Mayor Pro Tem Ayers declined the nomination and nominated
Councilmember Carol Wollin.
Mayor Kelly accepted the amendment.
Mayor Pro Tem Ayers seconded the motion.
0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY 2009) of the
Colleyville Crime Control and Prevention District (CCCPD)
Finance Director Terry Leake stated the proposed Colleyville Crime
Control and Prevention District (CCCPD) Board approved the proposed
budget with an amendment to designate $30,000 for landscaping at the
Justice Center and reviewed the revenue projections.
Police Chief Tommy Ingram provided an overview of the proposed
CCCPD expenditures.
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 there is also a debt service requirement of $502,721.
RESOLUTION(S):
READING AND PUBLIC HEARING
R-08-2978 Consideration of appointments to the Colleyville Economic Development
Corporation (CEDC) Board
City of Colleyville Page 8 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
The motion carried by the following vote:
7b
Mayor Kelly read Resolution R-08-2979 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 Wollin moved to approve Resolution R-08-2979.
Councilmember Hall 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
7c R-08-2980 Approval to amend and replace Resolution R-07-2859, adopting Rules of
Procedure for City Council meetings pursuant to the authority granted in
Section 3.096 of the City Charter and establishing an effective date
Mayor Kelly read Resolution R-08-2980 in its entirety.
City Secretary Cynthia Singleton presented the proposed modifications
to the City Council Rules of Procedure.
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 Pro Tem Ayers moved to approve Resolution R-08-2980, with an
amendment to Paragraph 1.2, Prior Resolutions: change Resolution
R-08-2980 to Resolution R-07-2859.
Councilmember Taylor seconded the motion.
Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
R-08-2979 Approval of changing the dates of regular City Council meetings in
November 2008 and March 2009
City of Colleyville Page 9 Prinfed on 7/3/2008
City Council City Council Minutes June 17, 2008
The motion carried by the following vote:
Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, 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:
Library Board Minutes -April 14, 2008
Zoning Board of Adjustment Minutes -April 29, 2008
Library Board Minutes -May 12, 2008
Planning and Zoning Commission Minutes -May 12, 2008
Colleyville Trails and Sidewalks Committee Minutes -May 13, 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 JUNE 17, 2008 -
Reading and Public Hearing -Resolution R-08-2981
This resolution was not needed.
11. 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 9:20 p.m.
Cify of Colleyville Page 10 Printed on 7/3/2008
City Council City Council Minutes June 17, 2008
APPROVED BY A VOTE OF ~_ AYES, NAYS AND ~
ABSTENTIONS ON THIS THE / S~'" DAY OF 2008.
Minutes taken and prepa ,
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 11 Printed on 7/3/2008