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HomeMy WebLinkAboutCity Council-Minutes-1/6/2009,~z~., City of Colleyville 100 MIainStreet ~ Colleyville, Texas 76034 # ~ Agenda 817.503.1000 www.colleyville.com ,<•.. 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. City of Colleyville Page 3 Printed on 12/30/2008 City Council Agenda January 6, 2009 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 Prinfed on 12/30/2008 ~:,,..., r~•.a» 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. City of Colleyville Page 1 Printed on 1/22/2009 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. City of Colleyville Page 3 Printed on 1/22/2009 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. City of Colleyville Page 5 Printed on 1/22/2009 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 City of Colleyville Page 6 Printed on 1/22/2009 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. City of Colleyville Page 7 Printed on 1/22/2009 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