HomeMy WebLinkAboutCity Council-Minutes-1/6/2009,~z~.,
City of Colleyville 100 MIainStreet
~ Colleyville, Texas 76034
# ~ Agenda 817.503.1000
www.colleyville.com
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City Council
Tuesday, January 6, 2009 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of possible amendments to Colleyville Mass Gathering and
Alcoholic Beverage Regulations
PC-2 Discussion and consideration of contracting with a cost recovery service
for Fire Department responses
PC-3 Discussion of the January 6, 2009 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
Sec. 551.074 - Personnel -Deliberate the appointment, employment
and duties of the City Manager
City of Colleyville Page 1 Printed on 12/30/2008
City Council Agenda January 6, 2009
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 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-09-3053
3. ANNOUNCEMENTS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3054
4a Approval of the minutes of the regular City Council meeting of December
16, 2008
4b Adoption of the Texas Commission on Environmental Quality (TCEQ)
Idling Limitations Rule and North Texas Memorandum of Agreement
(MOA) with the TCEQ
4c Approval of setting the dates of February 17, 2009 and March 3, 2009
for public hearings to consider approval of updates to Impact Fees in
accordance with Chapter 395 of the Texas Local Government Code
4d Approval of the purchase of a Blade and Storage Area Network (SAN),
in an amount not to exceed $85,000.00, and authorizing the City
Manager to execute the agreement
4e Approval to purchase four Dodge police vehicles with equipment, and
one Dodge administrative vehicle with equipment, from The Clark Group
/ McKinney Dodge, through a Cooperative Purchasing Program with the
State of Texas, in an amount not to exceed $154,370.00, and authorize
the City Manager to execute the agreement
City of Colleyville Page 2 Printed on 12/30/2008
City Council Agenda January 6, 2009
4f Approval of a construction contract with Access Paving Inc., in an
amount not to exceed $149,600.00 for the Pleasant Run Trail
Improvement Project, and authorize the City Manager to execute the
contract
4g Approval of the renewal of an annual contract with the Tarrant County
Emergency Services District for Fire/EMS response to unincorporated
Bandit Trail, and authorizing the City Manager to execute the contract
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-09-1705 Approval of an amendment to the PUDC-Planned Unit Development
Commercial zoning and development requirements of the Longwood
Estates at Ross Downs Addition, Case Z-08-016
5b 0-09-1706 Approval of a Special Use Permit (SUP) for an accessory building and
servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood
Addition located at 7201 Trianon Court, Case Z-08-024
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-09-3055 Approval of a request for a waiver for the construction or escrow of
funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition
located at 2109 Oak Knoll Court, Case G-09-002
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6,
2009 -Reading and Public Hearing -Resolution R-09-3056
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Tuesday,
December 30, 2008, by 5:00 p.m.
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City Council Agenda January 6, 2009
Cynthia Singleton, TRMC, CMC
City Secretary
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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 Prinfed on 12/30/2008
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City of Colleyville
City Council Minutes
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, January 6, 2009
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on January 6, 2009, at 5:34 p.m.
PC-1
Mayor Kelly wished everyone a Happy New Year.
Mayor Kelly introduced City Manager candidates Ms. Jennifer Fadden
and Mr. Matthew Mueller.
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, Police Chief
Tommy Ingram, Police Lieutenant Rodney Cunningham, Human
Resource Manager Elise Welborn, Interim Fire Chief Russell
Shelley, Public Works Director Steve Chutchian, Finance Director
Terry Leake, Community Development Manager Ron Ruthven, Parks
and Recreation Director Monica Walsh, Marketing Coordinator
Jamie Jones, Management Assistant Christine Loven, Network
Administrator Paul DePingre, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Discussion of possible amendments to Colleyville Mass Gathering and
Alcoholic Beverage Regulations
Community Development Manager Ron Ruthven provided information
regarding the purpose of the mass gathering and alcoholic beverage
regulations and stated the current regulations only apply to events that
draw crowds of more than 500 persons at any one time for a period of
more than eight hours. Mr. Ruthven outlined the proposed changes to
the regulations, including a proposed amendment to Chapter 6 -
Alcoholic Beverages in the Code of Ordinances, regarding the sale of
alcohol at an approved mass gathering event.
There was discussion regarding the approval process, the need for
public safety officers at an event serving alcohol, applicant screening
process and a public notification process of approved amendments.
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City Council City Council Minutes January 6, 2009
PC-2
PC-3
Discussion and consideration of contracting with a cost recovery service
for Fire Department responses
Interim Fire Chief Russell Shelley provided an overview of Fire
Department expenses associated with vehicle accidents, gas line breaks
or leaks, hazardous materials incidents and vehicle fires and the
proposed process for recovering the cost.
Discussion ensued regarding the current process for recovering costs for
Fire Department responses, private insurance coverage and criteria for
determining the responsible party.
The City Council requested information regarding the cost recovery
policy of area cities and the percentage of incidents that involve citizens
and non-citizens.
Discussion of the January 6, 2009 regular agenda items
There was discussion regarding agenda item 5b related to a sprinkler
system for the secondary structure and staff recommendation, consent
agenda item 4b related to the Blade server technology and capacity and
consent agenda item 4g regarding the services provided for
unincorporated properties.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 6:44 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on January 6, 2009, at 7:30 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, Police Chief
Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire
Chief Russell Shelley, Public Works Director Steve Chutchian,
Finance Director Terry Leake, Community Development Manager
Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne,
Parks and Recreation Director Monica Walsh, Marketing
Coordinator Jamie Jones, Management Assistant Christine Loven,
Network Administrator Paul DePingre, Audio Visual Technician
Lawrence Gise, City Attorney Matthew Boyle and City Secretary
Cynthia Singleton were also present.
City of Colleyville Page 2 Printed on 1/22/2009
City Council City Council Minutes January 6, 2009
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
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 551.74,
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 6:44 p.m. and reconvened at
7:30 p.m.
2.
INVOCATION: Pastor Ricky Texada, Covenant 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-09-3053
Mayor Kelly read Resolution R-09-3053 in its entirety.
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City Council City Council Minutes January 6, 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 Pro Tem Ayers moved to approve Resolution R-09-3053.
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
3. ANNOUNCEMENTS AND PRESENTATIONS
Mayor Kelly invited everyone to visit the Digital Book Mobile, located in
the Market Street parking lot, on January 20, 2009, 11:00 a.m. to 6:00
p.m.
Mayor Kelly invited citizens to participate in the Citizen's Fire Academy
and Citizen's Police Academy with classes beginning in January, and
stated graduates are eligible to join the respective alumni associations,
which support the efforts of the fire and police departments.
Councilmember Taylor encouraged citizens to participate in the Citizen's
Fire Academy and the Citizen's Police Academy and commended both
departments for the community outreach programs.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3054
4a Approval of the minutes of the regular City Council meeting of December
16, 2008
4b Adoption of the Texas Commission on Environmental Quality (TCEQ)
Idling Limitations Rule and North Texas Memorandum of Agreement
(MOA) with the TCEQ
4c Approval of setting the dates of February 17, 2009 and March 3, 2009
for public hearings to consider approval of updates to Impact Fees in
accordance with Chapter 395 of the Texas Local Government Code
4d Approval of the purchase of a Blade and Storage Area Network (SAN), in
an amount not to exceed $85,000.00, and authorizing the City Manager
to execute the agreement
City of Colleyville Page 4 Printed on 1/22/2009
City Council City Council Minutes January 6, 2009
4e Approval to purchase four Dodge police vehicles with equipment, and
one Dodge administrative vehicle with equipment, from The Clark Group
/ McKinney Dodge, through a Cooperative Purchasing Program with the
State of Texas, in an amount not to exceed $154,370.00, and authorize
the City Manager to execute the agreement
4f Approval of a construction contract with Access Paving Inc., in an
amount not to exceed $149,600.00 for the Pleasant Run Trail
Improvement Project, and authorize the City Manager to execute the
contract
4g Approval of the renewal of an annual contract with the Tarrant County
Emergency Services District for Fire/EMS response to unincorporated
Bandit Trail, and authorizing the City Manager to execute the contract
Mayor Kelly read Resolution R-09-3054 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-09-3054.
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):
FIRST READING AND PUBLIC HEARING
5a 0-09-1705 Approval of an amendment to the PUDC-Planned Unit Development
Commercial zoning and development requirements of the Longwood
Estates at Ross Downs Addition, Case Z-08-016
Mayor Kelly read the caption of Ordinance 0-09-1705.
Community Development Manager Ron Ruthven provided an overview
of the request to amend the Planned Unit Development Commercial
zoning and development requirements and stated the Planning and
Zoning Commission and staff recommends approval.
Mayor Kelly opened the public hearing.
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City Council City Council Minutes January 6, 2009
Mr. Tom Matthews, representing the applicant, spoke regarding types of
tenants and was present to answer questions of the City Council.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding traffic flow and landscaping requirements.
5b 0-09-1706 Approval of a Special Use Permit (SUP) for an accessory building and
servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood
Addition located at 7201 Trianon Court, Case Z-08-024
Mayor Kelly read the caption of Ordinance 0-09-1706.
Community Development Manager Ron Ruthven provided an overview
of the request for a Special Use Permit for an accessory building and
servants quarters and stated only one water meter and electric meter will
serve the entire property and the Planning and Zoning Commission
recommended approval and staff recommends denial.
Mayor Kelly opened the public hearing.
Mr. Paul Kramer, Castlegate Homes, representing the property owner,
provided an overview of the development community and property and
information regarding density and use of accessory buildings.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly requested the ordinance include a requirement that all
structures on the property be equipped with fire sprinkler systems.
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds
for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at
2109 Oak Knoll Court, Case G-09-002
Mayor Kelly read Resolution R-09-3055 in its entirety.
Community Development Manager Ron Ruthven stated that a proposed
amendment to The Land Development Code to eliminate the automatic
sidewalk construction requirement for all properties, and require new
sidewalk construction requirements adhere to the Supplemental
Sidewalk System Map will be presented to the City Council for
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City Council City Council Minutes January 6, 2009
consideration, and provided an overview of the request for a waiver for
the construction or escrow of funds for sidewalks on Oak Knoll Court.
Mr. Ruthven further stated staff recommends the payment of escrow
funds in lieu of construction be required as recommended by the
Supplemental Sidewalk System Map.
Mayor Kelly opened the public hearing.
Mr. Jenson Gainer, applicant, spoke regarding the need and requirement
for sidewalks in the neighborhood and provided information regarding
previous requests for waivers for construction or escrow of funds for
sidewalks.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding the development of the Supplemental
Sidewalk System Map by the Colleyville Trails and Sidewalks
Committee, desire for a more pedestrian friendly City, current and future
use of escrowed funds for sidewalk construction and delaying action on
the item until the proposed amendment to The Land Development Code
regarding the automatic sidewalk construction requirement is considered
by City Council.
Mayor Pro Tem Ayers moved to table Resolution R-09-3055.
Councilmember Hart seconded the motion.
Councilmember Taylor made a friendly amendment that the Certificate of
Occupancy be issued if all requirements, except the escrow of funds for
sidewalk construction, are met.
Councilmember Taylor stated he is making full disclosure that he is a
customer of the applicant.
Mayor Pro Tem Ayers and Councilmember Hart accepted the friendly
amendment.
The motion carried by the following vote:
Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
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City Council City Council Minutes January 6, 2009
8. REPORTS:
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6,
2009 -Reading and Public Hearing -Resolution R-09-3056
This resolution was not needed.
10. 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 8:18 p.m.
APPROVED BY A VOTE OF -~ AYES, p NAYS AND _~
ABSTENTIONS ON THIS THE ~,.o _ DAY OF 2009.
Minutes taken and pre ared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 8 Printed on 1/22/2009