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HomeMy WebLinkAboutCity Council-Minutes-2/17/2009~, ~~, ~;:., C~~~~~"~5~ii~_- . City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 17, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of Colleyville Center Feasibility Study - Phase I Broad Market Study and Preliminary Financial Assessment PC-2 Presentation of the Monthly Financial Report -January 2009 PC-3 Discussion of the February 17, 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 pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights 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 Matthew LeGrange, Compass Christian Church City of Colleyville Page 1 Printed on 2/12/2009 ~11 ~ City of Colleyville 100 Mlain Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 r ~~~~~ vuvvw. colleyville.com City Council Tuesday, February 17, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 17, 2009, at 5:35 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, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Colleyville Center Manager Lin Przybyl, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. PC-1 Presentation of Colleyville Center Feasibility Study - Phase I Broad Market Study and Preliminary Financial Assessment Colleyville Center Manager Lin Przybyl provided information regarding the history and usage of the Colleyville Center, purpose of the Colleyville Center Feasibility Study and introduced Dr. Terry Clower of Weinstein, Clower and Associates and Ms. Amy Sibley of Komatsu Architecture. Dr. Terry Clower of Weinstein, Clower & Associates, presented a summary of the study, The Colleyville Center: A Broad Market Assessment of Expansion Opportunities and answered questions of the City Council. Ms. Amy Sibley of Komatsu Architecture, presented a site analysis of expansion and renovation opportunities, conceptual estimates, a timeline for interior improvements and answered questions of the City Council. Discussion ensued regarding the conceptual estimates, operating expenses and revenues and potential funding sources. Mr. Mark Johnson, Chairman, Colleyville Center Advisory Committee, spoke regarding the impact of long term closure of the facility and recommended aphased-in approach for renovation of the Colleyville Center. City of Colleyville Page 1 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 Mr. Johnson further stated the Committee supports a performing arts theater at an alternative site. The City Council requested an outline of proposed improvements, an operating proforma and a timeline for renovation and expansion of the Colleyville Center. Finance Director Terry Leake provided information regarding financing options. PC-2 Presentation of the Monthly Financial Report -January 2009 Finance Director Terry Leake presented the January 2009 Monthly Financial Report and reported sales tax revenue for January 2009 increased by 10.36% over 2008 and the sales tax revenue for February 2009 increased by almost 4%. Mayor Kelly reported the number of homes sold in Colleyville in January 2009 and the average selling price. Discussion ensued regarding the potential Fiscal Year 2009 budget adjustments. Finance Director Terry Leake outlined the Standard and Poor's rating criteria and reported the City's rating was upgraded from AA+ to AAA stable. PC-3 Discussion of the February 17, 2009 regular agenda items Councilmember Licata requested clarification of Agenda Item 6b related to the intent of the Colleyville Trails and Sidewalks Committee for the escrow option. Community Development Manager Ron Ruthven stated the thirty day appeal period is available one time and any future waiver requests will be considered by the Planning and Zoning Commission. Mr. Odilon Alvarado, Chairman, Colleyville Trails and Sidewalks Committee outlined the criteria for development of the Supplemental Sidewalk System Map, stated the Committee desires future developments include sidewalk construction and the Committee did not address the use of escrow funds. City Attorney Michael Kallas stated, "the one time shot, when we are giving them an opportunity to object to the use of their funds or existing funds, Part 2, Section 9, you mentioned it could be refunded or used in City of Colleyville Page 2 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 the district. The actual language is the City Council has the choice of two things, either refund the escrow money or deny the refund and order the funds to only be used for future sidewalk construction on that lot. So for people that have existing money in the fund and wish to object, City Council may consider that and refund the money or they may basically put back in place what was promised before; that it will only be used to construct the sidewalk in front of the lot and may not be used anywhere else in the district. If the City Council wishes to change that, the City Council will need to include the change in the motion." City Attorney Michael Kallas further stated, "my comments were directed at the existing money and if the City Council wants it for existing monies and wants to make it applicable and give the option to future Councils and this Council and future construction on that lot or in that sidewalk district, that would be fine." Councilmember Wollin requested clarification of Agenda Item 5a, regarding fence construction and the front yard setback. Community Development Manager Ron Ruthven stated, generally fences are built on the property line and generally the .property line is set back ten feet from the street and there is a greenbelt area. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:45 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 17, 2009, at 6:46 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, 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, Communications Manager Mona Gandy, Management Assistant Christine Loven, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. 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 City of Colleyville Page 3 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville 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 -Mineral Rights 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 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 6:46 p.m. and reconvened at 7:39 p.m. INVOCATION: Pastor Tom Pimbleton, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Michael Kailas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3069 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to attend the Author Program, February 26, 2009, at 7:00 p.m. at the Colleyville Public Library and enjoy John Tippets discuss his recent book, Hearts of Courage, the 29-day true survival story about the 1943 Gilliam plane crash in Alaska. Councilmember Taylor commended Mayor Kelly for his leadership and the Fire and Police Department personnel's exemplary service in the aftermath of the tornado and reported no one was injured. He further stated citizens expressed appreciation to the City Council and first responders for an excellent job. Mayor Kelly commended the Fire Department, emergency management services, Public Works Department ,Police Department personnel and Cify of Colleyville Page 4 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 the American Red Cross, Salvation Army and refuse management corporation, IESI, Dr. Ken Cromeans and Mr. Von Husbands of Red Barn Bar-B-Que, for their assistance and support in the recovery efforts of the storm. Mayor Kelly announced that information on preparing for emergency situations may be accessed on the Colleyville web site. Mayor Kelly invited citizens to apply for open positions on the Celebrate Colleyville Steering Committee, SH26 Advisory Committee, Colleyville Trails and Sidewalks Committee, Traffic Safety Advisory Committee, Senior Center Advisory Committee and Metroport Teen Court Advisory Board. Mayor Kelly recognized Interim Fire Chief Russell Shelley for successful completion of the United States Fire Administration's National Fire Academy. Chief Shelley expressed appreciation to family and fire department personnel for their support and extended special gratitude to Interim Assistant City Manager Mike Johnston and the Mayor and City Council. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3070 4a Approval of the minutes of the regular City Council meeting of February 3, 2009 4b Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Woodland Hills East subdivision, in the amount of $121,049.28, and. authorize the City Manager to execute the contract 4c Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Tara Plantation subdivision, in the amount of $75,114.60, and authorize the City Manager to execute the contract 4d Approval to extend the Borders Retail Economic Development Agreement and authorize the City Manager to execute the Agreement Mayor Kelly read Resolution R-09-3070 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 3/2/2009 City Council City Council Minutes February 17, 2009 Councilmember Taylor moved to approve Resolution R-09-3070. 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1708 Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Mayor Kelly read the caption of Ordinance 0-09-1708. 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 0-09-1708. 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 5b 0-09-1709 Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Mayor Kelly read the caption of Ordinance 0-09-1709. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Manager Ron Ruthven clarified a Special Use Permit is required for installation of a wind energy system and City Council may further amend the specifications as Special Use Permit requests are considered in the future. Cify of Colleyville Page 6 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 Councilmember Kelly moved to approve Ordinance 0-09-1709. 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 5c 0-09-1710 Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 Mayor Kelly read the caption of Ordinance 0-09-1710. 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 0-09-1710. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1711 Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Mayor Kelly read the caption of Ordinance 0-09-1711. Community Development Manager Ron Ruthven provided information regarding the addition of Murphy Road and Lavaca Trail to the Master Thoroughfare Plan, the impact fee update by Kimley-Horn and Associates, Inc., which includes adding Murphy Road and Lavaca Trail to the impact fee project list on the capital improvements plan and introduced Mr. Jeff Whitacre of Kimley-Horn and Associates, Inc. Mr. Jeff Whitacre, Kimley-Horn and Associates, Inc., provided an overview of the Roadway Impact Fees Update. City of Colleyville Page 7 Printed on 3/2/2009 City Council City Council Minutes February 17, 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. 6b 0-09-1712 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Mayor Kelly read the caption of Ordinance 0-09-1712. Community Development Manager Ron Ruthven provided an overview of the current sidewalk regulations and the proposed amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations. 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 provided information regarding the process for development of the Supplemental Sidewalk System Map, which identifies where sidewalks should be constructed or if funds should be escrowed for future construction and the proposed sidewalk escrow policy. Mayor Kelly complimented Councilmember Licata and the Colleyville Trails and Sidewalks Committee for the development of the Supplemental Sidewalk System Map. 6c 0-09-1713 Request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 Mayor Kelly read the caption of Ordinance 0-09-1713. Community Development Manager Ron Ruthven provided an overview of the request for an amendment to the Planned Unit Development Commercial zoning and development requirements at 1117 Glade Road and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. RESOLUTION(S) READING AND PUBLIC HEARING 7a R-09-3071 Adoption of an Identity Theft Prevention Program in accordance with an amendment to the Fair and Accurate Credit Transactions Act (FACTA) of 2003 Mayor Kelly read Resolution R-09-3071 in its entirety. Finance Director Terry Leake provided an overview of the Identity Theft Prevention Program and stated the Fair and Accurate Credit Transactions Act of 2003 requires cities and utilities to adopt an Identity Theft Prevention Program. 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 Resolution R-09-3071. 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 8. TABLED ITEM: 8a 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 Resolution R-09-3055 was not removed from the table. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. City of Colleyville Page 9 Printed on 3/2/2009 City Council City Council Minutes February 17, 2009 10. REPORTS: Colleyville Trails and Sidewalks Committee Minutes -August 18, 2008 Library Board Minutes -January 12, 2009 Planning and Zoning Commission Minutes -January 26, 2009 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 17, 2009 -Reading and Public Hearing -Resolution R-09-3072 This resolution was not needed. 12. 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 8:05 p.m. APPROVED BY A VOTE OF ~ AYES, _~ NAYS AND ABSTENTIONS ON THIS THE ~~ DAY OF 2009. Minutes taken rand ,pr pare ~ . ~'~~ C nthia ingleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 3/2/2009