HomeMy WebLinkAboutCity Council-Minutes-11/5/2008~.
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City of Colleyville
Agenda
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Wednesday, November 5, 2008
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of the Trinity River Authority (TRA) pass through water and
sewer rate increase
PC-2 Discussion on the adoption of a supplemental sidewalk system map
related to the "Colleyville Pathways Plan"
PC-3 Discussion of preliminary recommendations from Newman, Jackson,
Bieberstein, Inc. (NJB) regarding the City Entryway and Wayfinding
Study
PC-4 Discussion of the November 5, 2008 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. 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property
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City Council Agenda November 5, 2008
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property (Mineral Rights)
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property (Water Well Sites)
Sec. 551.074 - Personnel -Deliberate the appointment, employment
and duties 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 Ricky Texada, Covenant Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. OATH OF OFFICE -MAYOR FOR A DAY
Administration of the Oath of Office to Mayor For A Day
3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-08-3027
4. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation - In recognition of Lauren Gregory, City of Colleyville
Mayor for a Day
Presentation - In recognition of the Texas Amateur Athletic Federation
(T.A.A.F.) Bronze Member City Award -Luke DeFilippis, Recreation
Supervisor
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City Council Agenda November 5, 2008
5. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3028
5a Approval of the minutes of the regular City Council meeting of October
21, 2008
5b Approval of the McPherson Park Master Plan Final Phase
5c Approval of the Senior Center Open Space Master Plan
5d Approval to redirect Park Land Dedication monies into the Park Land
Dedication Fund
5e Approval to redirect Voluntary Park Fund monies into the Voluntary Park
Fund
5f Approval to renew an interlocal agreement with Tarrant County for the
Bogart Drive Improvements, and authorize the City Manager to execute
the agreement
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-08-1699 Approval of a request to amend the Planned Unit Development of Lot
1 R, Block 1 of The Gardens Addition located at 7011 Colleyville
Boulevard, Case Z-08-021
6b 0-08-1700 Approval of an electric power contract with Cities Aggregation Power
Project, Inc. (CAPP) pursuant to a 24-year power purchase agreement
(PPA) and authorizing the City Manager to execute the disclosure letter,
agreements and member contract
7. TABLED ITEM AND PUBLIC HEARING
7a 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to
PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4,
Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool
Road, Case Z-08-018
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
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City Council Agenda November 5, 2008
9. REPORTS:
Celebrate Colleyville Steering Committee Minutes -August 27, 2008
Historical Preservation Committee Minutes -September 11, 2008
Senior Center Advisory Committee Minutes -September 18, 2008
Celebrate Colleyville Steering Committee Minutes -September 24, 2008
Commuter Rail Committee Minutes -September 25, 2008
Commuter Rail Committee Minutes- October 13, 2008
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 5,
2008 -Reading and Public Hearing -Resolution R-08-3029
11. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
October 31, 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 10/30/2008
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~ ~ City Council Minutes
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City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Wednesday, November 5, 2008
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on November 5, 2008, at 5:33 p.m.
Mayor Kelly introduced and welcomed Mayor for a Day Lauren Gregory.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present.
Mayor David Kelly, Mayor for a Day Lauren Gregory, Interim City
Manager Kelly Cooper, Interim Assistant City Manager Mike
Johnston, Police Chief Tommy Ingram, Police Lieutenant Rodney
Cunningham, Public Works Director Steve Chutchian, Engineer
Jeremy Hutt, Finance Director Terry Leake, Community
Development Manager Ron Ruthven, Communications Manager
Mona Gandy, Parks and Recreation Director Monica Walsh,
Management Assistant Christine Loven, Audio Visual Technician
Lawrence Gise, City Attorney Matthew Boyle and City Secretary
Cynthia Singleton were also present.
PC-1 Discussion on the Trinity River Authority (TRA) pass through water and
sewer rate increase
Finance Director Terry Leake stated the Trinity River Authority is the sole
provider of the City's treated water and wastewater, reviewed the current
water and sewer rate structure and stated the TRA pass through rate
increase per 1,000 gallons for treated water is $2.02 and the rate per
1,000 gallons for treated wastewater is $1.48.
Ms. Leake further reported the current water and sewer rates do not
meet the required coverage ratio of 1.20 or the coverage ratio needed for
the recently approved Capital Improvement Program (CIP). When the
coverage ratio is not met, the rating agencies can downgrade the ratings
on existing revenue bonds and future bonds cannot be sold until the
coverage ratio is met, therefore; a water rate adjustment of $0.22 per
thousand and a sewer rate adjustment of $0.20 per thousand is needed.
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PC-2
PC-3
Discussion on the adoption of a supplemental sidewalk system map
related to the "Colleyville Pathways Plan"
Public Works Director Steve Chutchian stated the Colleyville Pathways
Plan was established to identify a planned trail network within various
neighborhoods and to provide necessary connecting sidewalk links
between neighborhood schools and trails throughout the community and
the Colleyville Trails and Sidewalks Committee developed the proposed
Supplemental Sidewalk System Map.
Mr. Chutchian introduced Mr. David Klenzendorf and Ms. Gail Manion of
the Colleyville Trails and Sidewalks Committee.
Mr. Klenzendorf presented the proposed Supplemental Sidewalk System
Map, which identifies locations for construction of sidewalks in areas that
are not included in the Colleyville Pathways Plan and serves as a guide
for advising developers in conjunction with all new developments. Mr.
Klenzendorf also recommended a variance procedure for the
construction of sidewalks.
Ms. Manion presented information regarding the process for determining
the need for sidewalks and answered questions of the City Council.
Discussion ensued regarding the escrow of funds for the construction of
sidewalks, the creation of a general sidewalk fund and the variance
procedure.
Discussion of preliminary recommendations from Newman, Jackson,
Bieberstein, Inc. (NJB) regarding the City Entryway and Wayfinding
Study
Community Development Manager Ron Ruthven stated the firm of
Newman, Jackson, Bieberstein, Inc., was hired to identify entry points
into the City for placement of entry markers and identify major City
attractions and landmarks for placement of wayfinding signs.
Mr. Karl von Bierberstein, NJB, provided an overview of the preliminary
analysis and recommendations of the City Entryway and Wayfinding
Study, presented examples of entry markers and directional signage and
answered questions of the City Council.
City Council requested directional signs for the Justice Center and fire
stations.
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City Council City Council Minutes November 5, 2008
Discussion ensued regarding the location of entry markers, design
elements and landscaping.
PC-4
1.
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
City Council determined Newman, Jackson, Bieberstein, Inc., will provide
a final recommendation, which will include cost estimates, design
elements and locations for the entry markers and wayfinding signs.
Discussion of the November 5, 2008 regular agenda items
There was discussion regarding the approval of Agenda Item 6b, the
consideration of approval of the electric power contract with Cities
Aggregation Power Project (CAPP), on the City's bond rating.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 6:36 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on November 5, 2008, at 6:36 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, Mayor for Day Lauren Gregory, Interim City
Manager Kelly Cooper, Interim Assistant City Manager Mike
Johnston, Police Chief Tommy Ingram, Police Lieutenant Rodney
Cunningham, Public Works Director Steve Chutchian, Engineer
Jeremy Hutt, Finance Director Terry Leake, Community
Development Manager Ron Ruthven, Planner Justin Bass,
Communications Manager Mona Gandy, Parks and Recreation
Director Monica Walsh, Recreation Supervisor Luke DeFilippis,
Management Assistant Christine Loven, 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
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City Council
City Council Minutes
November 5, 2008
Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez
v. City of Colleyville (Bill Hudgins)
Sec. 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property (Mineral Rights)
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property (Water Well Sites)
Sec. 551.074 -Personnel -Deliberate the appointment, employment and
duties 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 551.072, Property, Section 551.074,
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 6:37 p.m. and reconvened at
7:32 p.m.
INVOCATION: Pastor Carter Foster, Covenant Church
2.
City Secretary Cynthia Singleton administered the Oath of Office to
Mayor for a Day Lauren Gregory.
3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-08-3027
This resolution was not needed.
City of Colleyville Page 4 Printed on 11/19/2008
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
OATH OF OFFICE -MAYOR FOR A DAY
City Council City Council Minutes November 5, 2008
4. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Mayor Kelly presented a Proclamation and City mementos to Mayor for a
Day Lauren Gregory.
Mayor for a Day Lauren Gregory presented a Proclamation to Mr. David
Kinney, Principal, O.C. Taylor Elementary School.
Mr. Kinney congratulated Miss Gregory for representing O.C. Taylor
Elementary School and serving as Mayor for a Day and expressed
appreciation to the Mayor and City Council for supporting and
recognizing students.
Mayor Kelly presented the Texas Amateur Athletic Federation Bronze
Member City Award to Recreation Supervisor Luke DeFilippis.
Mr. DeFilippis expressed appreciation to City Council for their support
and attendance of recreation program events.
5. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3028
5a Approval of the minutes of the regular City Council meeting of October
21, 2008
5b Approval of the McPherson Park Master Plan Final Phase
5c Approval of the Senior Center Open Space Master Plan
5d Approval to redirect Park Land Dedication monies into the Park Land
Dedication Fund
5e Approval to redirect Voluntary Park Fund monies into the Voluntary Park
Fund
5f Approval to renew an interlocal agreement with Tarrant County for the
Bogart Drive Improvements, and authorize the City Manager to execute
the agreement
Mayor for a Day Gregory read Resolution R-08-3028 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.
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Mayor Pro Tem Ayers moved to approve Resolution R-08-3028.
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
Councilmember Taylor commended citizens for supporting the
development of McPherson Park.
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-08-1699 Approval of a request to amend the Planned Unit Development of Lot
1 R, Block 1 of The Gardens Addition located at 7011 Colleyville
Boulevard, Case Z-08-021
Mayor for a Day Gregory read the caption of Ordinance 0-08-1699.
Community Development Manager Ron Ruthven stated the applicant
submitted a site plan for approval, which is required before final approval
of the proposed amendment to the Planned Unit Development of Lot 1 R,
Block 1 of The Gardens Addition.
Mayor Kelly opened the public hearing.
Mr. Ty Thompson, 1501 Merrimac Circle, Fort Worth, Texas, applicant,
was present to answer questions of the City Council.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
6b 0-08-1700 Approval of an electric power contract with Cities Aggregation Power
Project, Inc. (CAPP) pursuant to a 24-year power purchase agreement
(PPA) and authorizing the City Manager to execute the disclosure letter,
agreements and member contract
Mayor for a Day Gregory read the caption of Ordinance 0-08-1700.
Management Assistant Christine Loven provided an overview of the
proposed contract with Cities Aggregation Power Project, Inc. (CAPP)
and answered questions of the City Council.
Mayor Kelly opened the public hearing.
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There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
7. TABLED ITEM AND PUBLIC HEARING
7a 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to
PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4,
Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool
Road, Case Z-08-018
Mayor for a Day Gregory read the caption of Ordinance 0-08-1696.
Community Development Manager Ron Ruthven stated the applicant
submitted a revised site plan, which includes reducing the total
residential lots from 31 to 30, increasing the total residential open space
from 25.7% to 26.6%, increasing the 20 foot rear building setback and
landscape buffer for lots along the western boundary and increasing the
space between two driveways serving the proposed offices.
Mayor Kelly opened the public hearing.
Mr. Curtis Young, 8003 Jefferson Circle, spoke regarding the revised site
plan and requested the item be tabled and considered at the first
meeting in December.
Mr. Sean Lucart, 2504 Kings Court, spoke in opposition to the proposed
ordinance and regarding two story residences, fences and screening and
open space.
Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the
proposed ordinance and regarding school population and density.
Mr. Andre' Wullaert, 2502 Kings Court, spoke in opposition to the
proposed ordinance and regarding density, traffic concerns and property
value.
Mr. Frank Yin, 2501 Kings Court, spoke in opposition to the proposed
ordinance.
Ms. Agnes Yin, 2501 Kings Court, spoke in opposition to the proposed
ordinance and regarding meetings with the developer.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding the proposed zoning change and the
Master Plan, density and transitional use of the proposed development.
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The City Council requested information regarding the establishment of
the property as a residential estate.
Mayor Pro Tem Ayers moved to table Ordinance 0-08-1696 and
continue the public hearing to December 2, 2008.
Councilmember Taylor 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. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Toby Kubis, 2308 Norwalk Drive, representing the Summerbrook
Homeowner's Association, spoke regarding the speed limit in the
Summerbrook subdivision, the safety of children and requested the
speed limit be reduced to twenty miles per hour in the subdivision.
9. REPORTS:
Celebrate Colleyville Steering Committee Minutes -August 27, 2008
Historical Preservation Committee Minutes -September 11, 2008
Senior Center Advisory Committee Minutes -September 18, 2008
Celebrate Colleyville Steering Committee Minutes -September 24, 2008
Commuter Rail Committee Minutes -September 25, 2008
Commuter Rail Committee Minutes- October 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 NOVEMBER 5,
2008 -Reading and Public Hearing -Resolution R-08-3029
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.
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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
Mayor Kelly adjourned the meeting at 8:43 p.m.
APPROVED BY A VOTE OF ~ AYES, ~ NAYS AND ~
ABSTENTIONS ON THIS THE ~ DAY OF 2008.
Minutest en and pre ared bar:
Cynthia Singleton, TRMC, C C
City Secretary
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