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HomeMy WebLinkAboutCity Council-Minutes-9/16/2008,,u~ City of Colleyville 100 Main Street r ~ 1~~ ~~~(n, ~ Colleyville, Texas 76034 - Agenda 817. 503.1000 ~, , , www.colleyville.com City Council Tuesday, September 16, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the economic development position profile PC-2 Presentation of the Monthly Financial Report -August 2008 PC-3 Discussion of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ PC-4 Discussion of the September 16, 2008 regular agenda items 6:05 P.M. -BOARD, COMMISSION AND COMMITTEE APPLICANT INTERVIEWS 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. 551.072 -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) City of Colleyville Page 1 Printed on 9/12/2008 City Council Agenda September 16, 2008 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 Drew Sherman, Highland Meadows Christian 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-08-3003 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of William Howard Colley III, descendant of Dr. L.H. Colley, for whom the City of Colleyville is named 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3004 4a Approval of the minutes of the regular City Council meeting of September 2, 2008 4b Approval of the minutes of the Special City Council meeting of August 26, 2008 4c Approval of a Bid Award for a concrete trail at Sparger Park to R.E.C. General Contractor, Inc., in an amount not to exceed $87,510.00, and authorize the City Manager to execute the same and any associated change orders, in an amount not to exceed $25,000 4d Approval to renew the Grounds Maintenance Contract Mowing to Whitmore and Sons, Inc., in an amount not to exceed $179,013.24, subject to the approval of funding in the Fiscal Year 2009 (FY 2009) Budget, and authorizing the City Manager to execute same and any associated change orders, in an amount not to exceed $25,000.00 City of Colleyville Page 2 Printed on 9/12/2008 City Council Agenda September 16, 2008 4e Approval to renew the Horticulture Grounds Maintenance Contract with The Lawn Firm, Inc. in an amount not to exceed $231,478.00, subject to the approval of funding in the Fiscal Year 2009 (FY 2009) Budget, and authorizing the City Manager to execute same and any associated change orders, in an amount not to exceed $25,000.00 4f Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 4g Approval of a construction contract with C. Green Scaping, LP, for the Bogart Drive Landscape Improvements, in the amount of $177,141.52 and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000.00 4h Approval of a change order for the construction contract with Jackson Construction for the Glade Road Paving and Drainage Improvements 4i Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the .Texas Cooperative Purchasing network (TCPN) to provide for year three of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $61,360.00, and subject to the approval of funding in the Fiscal Year 2009 Budget 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1688 Adoption of the proposed Fiscal Year 2009 (FY 2009) Budget 5b 0-08-1689 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2009 (FY 2009) 5c 0-08-1690 Amending Ordinance 0-92-880 setting fees and charges for City facilities 5d 0-08-1691 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2009 (FY 2009) Budget 5e 0-08-1692 Amending Section 2 of Ordinance 0-07-1636 relating to the Fiscal Year 2008 General Fund budget and authorizing the City Manager to transfer unspent budget appropriations to the Capital Projects Fund and Capital Equipment Replacement Fund 5f 0-08-1693 Amendment to Chapter 3.1 -Oil and Gas Well Drilling and Production of the Land Development Code, Case G-08-031 City of Colleyville Page 3 Printed on 9/12/2008 City Council Agenda September 16, 2008 5g 0-08-1694 Approval of a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos Mid-Tex), regarding Atmos Mid-Tex's rate review mechanism 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1695 Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 6b 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 6c 0-08-1697 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pumping Station Addition located at 4602 Bransford Road, Case Z-08-019 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3005 Consideration of appointments to the Planning and Zoning Commission 7b R-08-3006 Consideration of appointments to the Zoning Board of Adjustment 7c R-08-3007 Consideration of appointments to the Metroport Teen Court Advisory Board 7d R-08-3008 Consideration of appointments to the Senior Center Advisory Committee 7e R-08-3009 Consideration of appointments to the Historical Preservation Committee 7f R-08-3010 Consideration of appointments to the Library Board 7g R-08-3011 Consideration of appointment to the Parks and Recreation Advisory Board 7h R-08-3012 Approval of a request for a refund of perimeter street escrow funds on Lot 24B, Block 1 of the Sand Oak Acres Addition located at 4703 Jim Mitchell Trail West, Case G-08-030 7i R-08-3013 Ratification of the tax increase approved in the Fiscal Year 2009 General Fund and Debt Service Budgets adopted by Ordinance 0-08-1688 as required by Section 102.007 Subsection(c) of the Local Government Code of Texas City of Colleyville Page 4 Printed on 9/12/2008 City Council Agenda September 16, 2008 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Commuter Rail Committee Minutes -June 2, 2008 Senior Center Advisory Committee Minutes -July 17, 2008 Planning and Zoning Commission Minutes -August 25, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 16, 2008 -Reading and Public Hearing -Resolution R-08-3014 11. ADJOURNMENT: 1 hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 12, 2008, by 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 5 Printed on 9/12/2008 ""~ City of Colleyville City Hall ''~7 ` 100 Main Street ~1 ~~€~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 "'"" www.colleyville.com City Council Tuesday, September 16, 2008 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 16, 2008, at 5:38 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, and Mike Taylor were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Colleyville Center Manager Lin Przybyl, Human Resources Manager Elise Welborn, 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. Mayor Pro Tem Jon Ayers was absent. Discussion of the economic development position profile Interim City Manager Kelly Cooper provided historical information regarding the Economic Development Manager position and provided possible options for fulfilling the temporary needs of the position and recommended recruiting a permanent Economic Development Manager. Ms. Cooper provided an overview of the current and proposed economic development projects and marketing efforts in the City. Interim Assistant City Manager Mike Johnston provided information regarding the Economic Development Manager profile. Discussion ensued regarding the qualifications of an Economic Development Manager, structure of the economic development position, hiring timeline, urban renewal and the benefits of an Interim Economic Development Manager. City Council determined discussion of this item will continue at the October 7, 2008 City Council meeting. City of Colleyville Page 1 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 PC-2 Presentation of the Monthly Financial Report -August 2008 This item was not presented. PC-3 Discussion of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ This item was not presented. PC-4 Discussion of the September 16, 2008 regular agenda items Mayor Kelly advised City Council that some of the boards, commissions and committees have specific places and the members should be appointed by place. Mayor Kelly advised the item considering ratification of the tax increase requires specific language in the motion for approval and Finance Director Terry Leake will provide the language. Public Works Director Steve Chutchian stated the construction schedule for landscaping the roundabout has been coordinated with the Grapevine-Colleyville Independent School District. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:10 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 16, 2008, at 7:35 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, Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. City of Colleyville Page 2 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 1 2. This resolution was not needed. 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. 551.072 -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. 551.074 -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 551.74, 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 6:10 p.m. and reconvened at 7:35 p.m. INVOCATION: Pastor Drew Sherman, Highland Meadows Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-3003 City of Colleyville Page 3 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly invited Colleyville residents in grades two (2) through seven (7) to submit an entry by Friday, October 24, 2008, to participate in the Mayor for a Day contest. He further stated the winner will serve as Mayor for a Day at the November 5, 2008, City Council meeting and additional information may be accessed on the Colleyville web site at www.colleyville.com. Mayor Kelly introduced Mr. William Howard Colley, III, the great grandson of Colleyville's founding father, Dr. L.H. Colley. Mayor Kelly and former Mayor Frank Whitmire presented Mr. Colley with a Proclamation and a City of Colleyville Then and Now history book. Mr. Colley shared stories about his grandfather providing medical services to the citizens of Colleyville. Mayor Kelly stated Mayor Pro Tem Ayers' family also has a long history in the Grapevine and Colleyville area. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3004 4a Approval of the minutes of the regular City Council meeting of September 2, 2008 4b Approval of the minutes of the Special City Council meeting of August 26, 2008 4c Approval of a Bid Award for a concrete trail at Sparger Park to R.E.C. General Contractor, Inc., in an amount not to exceed $87,510.00, and authorize the City Manager to execute the same and any associated change orders, in an amount not to exceed $25,000 4d Approval to renew the Grounds Maintenance Contract Mowing to Whitmore and Sons, Inc., in an amount not to exceed $179,013.24, subject to the approval of funding in the Fiscal Year 2009 (FY 2009) Budget, and authorizing the City Manager to execute same and any associated change orders, in an amount not to exceed $25,000.00 4e Approval to renew the Horticulture Grounds Maintenance Contract with The Lawn Firm, Inc. in an amount not to exceed $231,478.00, subject to the approval of funding in the Fiscal Year 2009 (FY 2009) Budget, and authorizing the City Manager to execute same and any associated change orders, in an amount not to exceed $25,000.00 City of Colleyville Page 4 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 4f Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 4g Approval of a construction contract with C. Green Scaping, LP, for the Bogart Drive Landscape Improvements, in the amount of $177,141.52 and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000.00 4h Approval of a change order for the construction contract with Jackson Construction for the Glade Road Paving and Drainage Improvements 4i Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing network (TCPN) to provide for year three of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $61,360, and subject to the approval of funding in the Fiscal Year 2009 Budget Mayor Kelly read Resolution R-08-3004 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-08-3004. 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 0-08-1688 Adoption of the proposed Fiscal Year 2009 (FY 2009) Budget Mayor Kelly read the caption of Ordinance 0-08-1688. Finance Director Terry Leake provided an overview of the proposed Fiscal Year 2009 budget, reviewed the modifications as discussed during City of Colleyville Page 5 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 the July 31, 2008 City Council worksession and stated the tax rate remains at $.3559 per hundred dollars of valuation. 5b 0-08-1689 Finance Director Terry Leake stated the Fiscal Year 2009 proposed tax rate is $.3559 per hundred dollars of valuation and this tax rate is unchanged from Fiscal Year 2008 to Fiscal Year 2009. 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 moved to approve Ordinance 0-08-1688. Mayor Pro Tem Ayers seconded the motion. Councilmember Taylor commended City Council and staff for the development of the budget. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Adoption of the Ad Valorem Tax Rate for Fiscal Year 2009 (FY 2009) Mayor Kelly read the caption of Ordinance 0-08-1689. Finance Director Terry Leake stated City Council held two public hearings as required by the Property Tax Code to provide citizens an opportunity to address the City Council on the proposed tax rate. The Fiscal Year 2009 proposed tax rate is $.3559 per hundred dollars of valuation. Mayor Kelly stated the Fiscal Year 2009 proposed tax rate is $.3559 per hundred dollars of valuation and this tax rate is unchanged from Fiscal Year 2008 to Fiscal Year 2009. 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 Ordinance 0-08-1689. Councilmember Hart seconded the motion. City of Colleyville Page 6 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 The motion carried by the following vote: 5c 5d 0-08-1690 0-08-1691 Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Amending Ordinance 0-92-880 setting fees and charges for City facilities Mayor Kelly read the caption of Ordinance 0-08-1690. Finance Director Terry Leake provided an overview of proposed changes in miscellaneous fees charged by departments. 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 Ordinance 0-08-1690. Councilmember Licata 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 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2009 (FY 2009) Budget Mayor Kelly read the caption of Ordinance 0-08-1691. Finance Director Terry Leake stated the Colleyville Economic Development Corporation (CEDC) approved the CEDC budget on August 26, 2008 and provided an overview of the proposed Fiscal Year 2009 budget. 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 the CEDC fund balance is approximately 1.7 million dollars. Mayor Kelly moved to approve Ordinance 0-08-1691. Cify of Colleyville Page 7 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 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 5e 0-08-1692 Amending Section 2 of Ordinance 0-07-1636 relating to the Fiscal Year 2008 General Fund budget and authorizing the City Manager to transfer unspent budget appropriations to the Capital Projects Fund and Capital Equipment Replacement Fund Mayor Kelly read the caption of Ordinance 0-08-1692. 5f Mayor Kelly read the caption of Ordinance 0-08-1693. 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 Licata stated the proposed changes are a result of additional information received from the Planning and Zoning Commission, other cities, citizens, oil and gas companies and staff. Mayor Kelly stated the oil and gas ordinance will continue to evolve and the noise levels allowed are less than in the previous ordinance. Finance Director Terry Leake provided a summary of the proposed amendments to the Fiscal Year 2008 budget. 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 Ordinance 0-08-1692. 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 0-08-1693 Amendment to Chapter 3.1 -Oil and Gas Well Drilling and Production of the Land Development Code, Case G-08-031 City of Colleyville Page 8 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 Mayor Kelly moved to approve Ordinance 0-08-1693. 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 5g 0-08-1694 Approval of a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos Mid-Tex), regarding Atmos Mid-Tex's rate review mechanism Mayor Kelly read the caption of Ordinance 0-08-1694. Management Assistant Christine Loven stated, by approving the ordinance, residential rates will increase by $.81 per month. 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 moved to approve Ordinance 0-08-1694. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1695 Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Mayor Kelly read the caption of Ordinance 0-08-1695. Community Development Coordinator Ron Ruthven provided an overview of the request for a zoning change from R20-Single Family Residential to CPO-Professional Office and stated the proposed request is not in conformance with the Master Plan. Mr. Ruthven further stated City of Colleyville Page 9 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 fifteen (15) signatures in opposition were received, the Planning and Zoning Commission recommends approval and staff recommends denial. Mayor Kelly opened the public hearing. Mr. Walter D. James, III, 1450 Hughes Road, Suite 101, Grapevine, Texas, applicant, provided information regarding the current zoning and structures surrounding the proposed professional office building, and the style and character of the proposed office building. Ms. Tina Gentile Milstead, 1112 Jo Carol Lane, spoke in opposition to the proposed ordinance and regarding the impact of the proposed building on the neighborhood. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding parking space requirements, size and architecture of the building, types of businesses which require CPO zoning, lot sizes, and egress and ingress. City Council requested the applicant meet with neighbors and provide the structure elevations of the proposed building and requested staff provide information regarding the potential development of the area surrounding the proposed building. 6b 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 Kelly read the caption of Ordinance 0-08-1696. Community Development Coordinator Ron Ruthven provided an overview of the request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential and stated the applicant agreed to construct a City entrance marker and the Planning and Zoning Commission and staff recommends approval with the conditions in the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Robert Ward, 704 Kent Court, Southlake, Texas, representing the applicant, provided information regarding developments in the City of Colleyville and the proposed development. City of Colleyville Page 10 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 Mr. Curtis Young, 8003 Jefferson Circle, applicant, provided an overview of the proposed development and information regarding land uses, drainage, streetscape, tree .preservation, meetings with neighbors regarding concerns, visual screening, and participation with the City for construction of an entrance marker. Mr. Frank Yin, 2501 Kings Court, spoke in opposition to the proposed ordinance and regarding the best use of the property and density. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding minimum lot size, traffic count, traffic patterns, density and architecture of the project. Councilmember Licata requested information regarding traffic patterns in the area. 6c 0-08-1697 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pumping Station Addition located at 4602 Bransford Road, Case Z-08-019 Mayor Kelly read the caption of Ordinance 0-08-1697. Community Development Coordinator Ron Ruthven stated the Trinity River Authority of Texas submitted an application for a Special Use Permit to construct a water pumping station located at 4602 Bransford Road, that the Land Development Code allows for the construction of a water pumping station and the Planning and Zoning Commission and staff recommends approval of the proposed ordinance. Mayor Kelly opened the public hearing. Mr. David Washington, GSWW Engineers, applicant, 3950 Fossil Creek Boulevard, Fort Worth, Texas, provided information regarding the current pumping station and stated the SH26 redevelopment project requires the movement of the pumping station and the new pumping station will be upgraded increasing the pumping capacity and bringing the pumping station into compliance with City standards. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor David Kelly recessed the meeting at 9:22 p.m. and reconvened at 9:27 p.m. City of Colleyville Page 11 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3005 Consideration of appointments to the Planning and Zoning Commission Mayor Kelly read Resolution R-08-3005 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 for the Planning and Zoning Commission. Councilmember Hall nominated Ron Rotthaus to Place 1, Jeff Byerly to Place 2, Scott Redfearn to Place 3 and David Phelps to Place 4 on the Planning and Zoning Commission. There were no other nominations. Councilmember Hall moved to approve Resolution R-08-3005, appointing Ron Rotthaus to Place 1, Jeff Byerly to Place 2, Scott Redfearn to Place 3 and David Phelps to Place 4 on the Planning and Zoning Commission. 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 7b R-08-3006 Consideration of appointments to the Zoning Board of Adjustment Mayor Kelly read Resolution R-08-3006 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 for the Zoning Board of Adjustment. City of Colleyville Page 12 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 Councilmember Wollin nominated Rich Munson to Place 1, Skip Reynolds to Place 2, Jim Gotcher to Place 3 and Bruce Mayhew as Alternate 2, on the Zoning Board of Adjustment. There were no other nominations. Councilmember Wollin moved to approve Resolution R-08-3006, appointing Rich Munson to Place 1, Skip Reynolds to Place 2, Jim Gotcher to Place 3 and Bruce Mayhew as Alternate 2, on the Zoning Board of Adjustment. 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 7c R-08-3007 Consideration of appointments to the Metroport Teen Court Advisory Board Mayor Kelly read Resolution R-08-3007 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 for the Metroport Teen Court Advisory Board. Mayor Kelly nominated Karyn Hahne and Stephanie Marshall for the Metroport Teen Court Advisory Board. There were no other nominations. Mayor Kelly moved to approve Resolution R-08-3007, appointing Karyn Hahne and Stephanie Marshall to the Metroport Teen Court Advisory Board. 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 City of Colleyville Page 13 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 7d R-08-3008 Consideration of appointments to the Senior Center Advisory Committee 7e R-08-3009 Mayor Kelly read Resolution R-08-3008 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 for the Senior Center Advisory Committee. Councilmember Licata nominated Michelle Appling, Anne Gifford, Molly Skinner, Debra Minea and Diane Kohsmann for the Senior Center Advisory Committee. There were no other nominations. Councilmember Licata moved to approve Resolution R-08-3008 appointing Michelle Appling, Anne Gifford, Molly Skinner, Debra Minea and Diane Kohsmann to the Senior Center Advisory Committee. 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 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-08-3009 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 for the Historical Preservation Committee. Mayor Kelly nominated Ja Ann Alderman, Mona Coulter, Charlie Hewitt, Louis Miller and Nancy Shepherd for the Historical Preservation Committee. City of Colleyville Page 14 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 There were no other nominations. Mayor Kelly moved to approve Resolution R-08-3009, appointing Ja Ann Alderman, Mona Coulter, Charlie Hewitt, Louis Miller and Nancy Shepherd to the Historical Preservation Committee. 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 7f R-08-3010 .Consideration of appointments to the Library Board Mayor Kelly read Resolution R-08-3010 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 for the Library Board. Councilmember Wollin nominated Karen Birkes to Place 2, Jerome Davis to Place 4, Mary Alice Rippe to Place 6, Nancy Bowen to Place 7 and Kathleen Hennessey to Alternate 1. Councilmember Wollin nominated Steve Banta, Corporate Sponsor, Larry Darlage, representing Tarrant County College, Jorge Rodriguez, representing the Grapevine-Colleyville Independent School District (GCISD), Ret Stansberger, representing the Colleyville Area Chamber of Commerce, David Kelly, representing the City of Colleyville, Kay Newton, representing Friends of the Colleyville Public Library, and Cecilia Monacelli, representing the Colleyville Public Library Foundation as ex-officio members on the Library Board. There were no other nominations. Councilmember Wollin moved to approve Resolution R-08-3010, appointing Karen Birkes to Place 2, Jerome Davis to Place 4, Mary Alice Rippe to Place 6, Nancy Bowen to Place 7 and Kathleen Hennessey to Alternate 1 on the Library Board and ex-officio members Steve Banta, representing the Corporate Sponsor, Larry Darlage, representing Tarrant County College, Jorge Rodriguez, representing the Grapevine-Colleyville Independent School District (GCISD), Ret Stansberger, representing the Colleyville Area Chamber of Commerce, David Kelly, representing the City of Colleyville Page 15 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 City of Colleyville, Kay Newton, representing Friends of the Colleyville Public Library, and Cecilia Monacelli, representing the Colleyville Public Library Foundation on the Library Board. 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 7g R-08-3011 Consideration of appointment to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-08-3011 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 for the Parks and Recreation Advisory Board. Councilmember Licata nominated Kenneth Llewellyn to fill the unexpired term of Place 2 on the Parks and Recreation Advisory Board. There were no other nominations. Councilmember Licata moved to approve Resolution R-08-3011, appointing Kenneth Llewellyn to Place 2 on the Parks and Recreation Advisory Board. 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 7h R-08-3012 Approval of a request for a refund of perimeter street escrow funds on Lot 24B, Block 1 of the Sand Oak Acres Addition located at 4703 Jim Mitchell Trail West, Case G-08-030 Mayor Kelly read Resolution R-08-3012 in its entirety. City of Colleyville Page 16 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 Community Development Coordinator Ron Ruthven provided an overview of the request for a refund of perimeter street escrow funds and stated no other requests for refunds have been received for this area and staff recommends denial. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Public Works Director Steve Chutchian stated Jim Mitchell Trail West is a Class C street and may need repairs in the future and street perimeter fees are for future street maintenance. Mayor Kelly moved to deny Resolution R-08-3012. Councilmember Licata 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 7i R-08-3013 Ratification of the tax increase approved in the Fiscal Year 2009 General Fund and Debt Service Budgets adopted by Ordinance 0-08-1688 as required by Section 102.007 Subsection(c) of the Local Government Code of Texas Mayor Kelly read Resolution R-08-3013 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 stated, "the budget was ratified by ordinance and we did approve our tax increase in terms of not increasing the tax rate, but an increase in taxes by ordinance, the state legislature requires us to approve this by resolution." Mayor Kelly moved to approve Resolution R-08-3013. 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 17 Printed on 10/10/2008 City Council City Council Minutes September 16, 2008 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9 REPORTS: Commuter Rail Committee Minutes -June 2, 2008 Senior Center Advisory Committee Minutes -July 17, 2008 Planning and Zoning Commission Minutes -August 25, 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 SEPTEMBER 16, 2008 -Reading and Public Hearing -Resolution R-08-3014 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 9:44 p.m. APPROVED BY A VOTE OF ~~ AYES, O NAYS AND d ABSTENTIONS ON THIS THE ~ DAY OF 2008. Minutes taken and pre , Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 18 Printed on 10/10/2008