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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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