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HomeMy WebLinkAboutCity Council-Minutes-7/1/2008~`;~, .,, ~, ~..,. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 1, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Street Capital Improvement Plan (CIP) PC-2 Discussion of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees PC-3 Update on the Retail and Restaurant Cooperative Advertising Program PC-4 Discussion of the July 1, 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 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 6/27/2008 City Council Agenda July 1, 2008 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church 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-08-2982 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of Parks and Recreation Month -Monica Walsh, Director of Parks and Recreation 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2983 4a Approval of the minutes of the regular City Council meeting of June 17, 2008 4b Approval of the minutes of the City Council Worksession of May 29, 2008 4c Approval of the minutes of the City Council Worksession of May 30, 2008 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 5b 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 5c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY2009) of the Colleyville Crime Control and Prevention District (CCCPD) City of Colleyville Page 2 Printed on 6/27/2008 City Council Agenda July 1, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1687 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2984 Approval of a waiver of the perimeter street improvement requirements for 291 feet of frontage along Glade Road on Lot 1, Block 1 of the Renaissance Estates Addition located at 412 Glade Road, G-08-025 8. TABLED ITEM AND PUBLIC HEARING 8a 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Historical Preservation Committee Minutes -January 10, 2008 Historical Preservation Committee Minutes -April 10, 2008 Celebrate Colleyville Committee Minutes -April 23, 2008 Commuter Rail Committee Minutes -May 9, 2008 Commuter Rail Committee Minutes -May 19, 2008 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 1, 2008 - Reading and Public Hearing -Resolution R-08-2985 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 27, 2 8, by 5' p.m. nthia mgleton, 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 6/27/2008 City Council Agenda July 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 6/27/2008 ~" ,::: City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Tuesday, July 1, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 1, 2008, at 5:37 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, Interim Economic Development Director Mike Johnston, Community Development Coordinator Ron Ruthven, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the Street Capital Improvement Plan (CIP) Finance Director Terry Leake provided information regarding issuing certificates of obligation for the Tara Plantation and Saddlebrook projects and the impact on the City's AA+ bond rating. Discussion ensued regarding funding sources for the Street Capital Improvement Plan (CIP), schedule for debt service payments and available General Fund cash balance. City Manager Bill Lindley provided information regarding various funding sources. The City Council requested an item be placed on the July 15, 2008 Pre Council meeting agenda for further discussion. PC-2 Discussion of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees City Secretary Cynthia Singleton reviewed the history and guidelines for the establishment of City Council liaisons. City of Colleyville Page 1 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 Discussion ensued regarding the purpose and need for City Council liaisons and the impact of discontinuing City Council liaisons to boards, commissions and committees. The City Council determined to suspend the formal process of appointing City Council liaisons to boards, commissions and committees with the exception of the Metroport Teen Court Advisory Board, and the board, commission and committee chairperson or president will be notified with a letter from the Mayor. PC-3 Update on the Retail and Restaurant Cooperative Advertising Program Communications Manager Mona Gandy presented the Retail and Restaurant Cooperative Advertising Program and answered questions of the City Council. Mr. Ted Price, owner, Costa Vida Restaurant, spoke regarding the development of a retail base and increasing visits by existing customers. PC-4 Discussion of the July 1, 2008, City Council regular agenda items Mayor Kelly stated the hours for the display of real estate open house signs should read 12 midnight Friday to 12 midnight Sunday in the ordinance exhibit for Agenda Item 5b, Real Estate Open House Sign Regulations, and the Public Hearing will be reopened on Agenda Item 8a and requires a super majority vote for approval. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on July 1, 2008, at 6:53 p.m. City of Colleyville Page 2 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 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, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Interim Economic Development Director Mike Johnston, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Recreation Supervisor Luke DeFillippis, Senior Center Supervisor Renee Garrett, Audio Visual Technician Lawrence Gise, City Attorney Michael Kailas 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 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 6:53 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church City of Colleyville Page 3 Prinfed on 7/16/2008 City Council City Council Minutes July 1, 2008 PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2982 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin stated the Colleyville Public Library is continuing to obtain input from citizens regarding the future spatial reorganization of the facility and invited citizens to participate by completing a survey on the City's web site at www.colleyville.com. Mayor Kelly presented a Proclamation to Parks and Recreation Director Monica Walsh, Senior Center Supervisor Renee Garret and Recreation Supervisor Luke DeFillipis in recognition of Parks and Recreation month. Parks and Recreation Director Monica Walsh invited everyone to enjoy the City parks, bike and hike trails and playgrounds, and Recreation Supervisor Luke Fillipis presented a summer survival basket to the City Council and staff. Mayor Kelly commended the Parks and Recreation Department staff for quality recreation programs and nationally recognized park facilities. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2983 4a Approval of the minutes of the regular City Council meeting of June 17, 2008 4b Approval of the minutes of the City Council Worksession of May 29, 2008 4c Approval of the minutes of the City Council Worksession of May 30, 2008 Mayor Kelly read Resolution R-08-2983 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 4 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 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-08-2983. 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-08-1684. 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 5b 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. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 5 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 Mayor Pro Tem Ayers moved to approve Ordinance 0-08-1685, with the amendment of the time periods for displaying the real estate open house signs to 12 midnight Friday to 12 midnight Sunday. 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 5c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY 2009) of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-08-1686. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1686. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1687 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Kelly read the caption of Ordinance 0-08-1687. Parks and Recreation Director Monica Walsh provided information regarding the process for requesting a waiver for use of game fields for practice and stated, if approved, this item would allow the Colleyville Girls Softball Association to utilize the game fields for practice without submitting a request each season. Mayor Kelly opened the public hearing. City of Colleyville Page 6 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2984 Approval of a waiver of the perimeter street improvement requirements for 291 feet of frontage along Glade Road on Lot 1, Block 1 of the Renaissance Estates Addition located at 412 Glade Road, G-08-025 Mayor Kelly read Resolution R-08-2984 in its entirety. Community Development Coordinator Ron Ruthven provided an overview of the request for a waiver of perimeter street fees and stated staff recommends denial. Mayor Kelly opened the public hearing. Mr. Tom Carr, 1810 Doss Circle, Arlington, Texas, spoke regarding inconsistent construction of sidewalks along Glade Road. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the timing of the destruction of the home on the property. Mayor Pro Tem Ayers moved to deny Resolution R-08-2984. Mayor Kelly 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 8. TABLED ITEM AND PUBLIC HEARING 8a 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 the applicant wishes to continue with the request as CC-1 zoning. City of Colleyville Page 7 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 Mayor Kelly opened the public hearing. Mr. Kipp Whitman, P.O. Box 69, Colleyville, Texas, distributed illustrations of the proposed development to City Council and spoke regarding the style of the architecture, screening fence and meeting with residential district neighbors. Ms. Pat Aistrup, 2201 Danielle Drive, spoke in opposition to the proposed ordinance and regarding the meeting with the developer, other properties developed by Mr. Whitman and in favor of a PUD-C zoning. Mr. Charles White, 7000 Cole Court, spoke in opposition to the proposed ordinance and regarding the effect of the proposed development on property values and proper screening. Mr. Tony Hampton, 2200 Danielle Drive, Ms. Catherine Hampton, 2200 Danielle Drive, Mr. Dave Marr, 7000 Cole Court and Mr. Farzin Hamraee, 2209 Danielle Drive, submitted Speaker Cards indicating opposition to the proposed ordinance. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding PUD-C and CC-1 zoning requirements, the process for enforcing the zoning and the height and impact of the screening fence to homes abutting the proposed development. Mayor Kelly reviewed the proposed changes to the ordinance: preserve the trees identified in the tree survey, construct a ten foot wood or masonry fence on the developer's property, submit a site plan for City Council approval and the development must be in conformance with the site plan, and maintain a 20 foot greenbelt along the eastern side of the proposed development property, which abuts the residential properties. Mr. Tony Hampton, 2200 Danielle, spoke regarding the type of screening buffer between the development and the residential zone. Mayor Kelly moved to approve Ordinance 0-08-1683, as PUD-C zoning with the following modifications: preserve the trees identified in the tree survey, construct a ten foot wood or masonry fence on the developer's property, with the finished side on the residential side, grant a variance to the open space requirement for aPUD-C, submit a site plan for City Council approval and the development must be in conformance with the site plan, maintain a 20 foot greenbelt, not including water, along the eastern side of the proposed development property, which abuts the residential properties and there will be no structures on the property. City of Colleyville Page 8 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 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 expressed appreciation to the neighbors and the developer for working to resolve concerns regarding the project. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Moore, 1416 Glade Road, spoke regarding the delay of the expansion of SH26 and funding of the project. 10. REPORTS: Historical Preservation Committee Minutes -January 10, 2008 Historical Preservation Committee Minutes -April 10, 2008 Celebrate Colleyville Committee Minutes -April 23, 2008 Commuter Rail Committee Minutes -May 9, 2008 Commuter Rail Committee Minutes -May 19, 2008 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 1, 2008 - Reading and Public Hearing -Resolution R-08-2985 This resolution was not needed. 12. 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 8:48 p.m. City of Colleyville Page 9 Printed on 7/16/2008 City Council City Council Minutes July 1, 2008 APPROVED BY A VOTE OF ~a AYES, D NAYS AND ~_ ABSTENTIONS ON THIS THE /~i-DAY OF 2008. Minutes taken and pr y: 4 Cy thia ingleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 7/16/2008