Loading...
HomeMy WebLinkAboutCity Council-Minutes-11/5/2008~. ~~ ,_ 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 City of Colleyville Page 1 Printed on 10/30/2008 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 City of Colleyville Page 2 Printed on 10/30/2008 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 City of Colleyville Page 3 Printed on 10/30/2008 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 ~. "~'~ City of Colleyville ~ ~ City Council Minutes r,•.;~,. 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. City of Colleyville Page 1 Printed on 11/19/2008 City Council City Council Minutes November 5, 2008 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. City of Colleyville Page 2 Printed on 11/19/2008 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 City of Colleyville Page 3 Printed on 11/19/2008 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. City of Colleyville Page 5 Printed on 11/19/2008 City Council City Council Minutes November 5, 2008 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. City of Colleyville Page 6 Printed on 11/19/2008 City Council City Council Minutes November 5, 2008 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. City of Colleyville Page 7 Printed on 11/19/2008 City Council City Council Minutes November 5, 2008 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. City of Colleyville Page 8 Printed on 11/19/2008 City Council City Council Minutes November 5, 2008 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 City of Colleyville Page 9 Printed on 11/19/2008