HomeMy WebLinkAboutCity Council-Minutes-3/3/2009~;~_-~
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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, March 3, 2009
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of setting a date for a joint worksession with the City Council
and the Planning and Zoning Commission to conduct a visioning
workshop regarding the State Highway 26 (SH26) Redevelopment Study
PC-2 Presentation and discussion of City Council budget calendar
PC-3 Discussion of the March 3, 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
City of Colleyville Page 1 Printed on 2/26/2009
City Council Agenda March 3, 2009
INVOCATION: Pastor Lee Johnson, Bear Valley Community 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-09-3073
3. ANNOUNCEMENTS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Recognition of employees for years of service
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3074
4a Approval of the minutes of the regular City Council meeting of February
17, 2009
4b Approval of an exchange of real property in accordance with Chapter
272 of the Texas Local Government Code regarding approximately
10,252 square feet of City owned property in the 200 block of Black
Drive
4c Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition
being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision,
Case PC08-001
4d Approval of the Colleyville Trails and Sidewalks Committee
recommendations for the Fiscal Year 2008-2009 (FY 2008-09) sidewalk
construction
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-09-1711 Approval of updates to Impact Fees in accordance with Chapter 395 of
the Texas Local Government Code
5b 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
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City Council Agenda March 3, 2009
5c 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
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-09-1714 Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7
of the Windview Estates Addition located at 2325 Oak Knoll, Case
ZC09-001
7. TABLED ITEM:
READING AND PUBLIC HEARING
7a 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
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
Colleyville Trails and Sidewalks Committee Minutes -November 11,
2008
Colleyville Center Advisory Committee Minutes -November 17, 2008
Planning and Zoning Commission Minutes -February 9, 2009
Colleyville Trails and Sidewalks Committee Minutes -February 10, 2009
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 3, 2009 -
Reading and Public Hearing -Resolution R-09-3075
11. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
February 27, 2009, by 5:00 p.m.
City of Colleyville Page 3 Printed on 2/26/2009
City Council ~-'1.~ Agenda March 3, 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 Printed on 2/26/2009
~~ ~ City of Colleyville 100 Main Street
~ Colleyville, Texas 76034
City Council Minutes 817.503.1000
'~•~~~ www.colleyville.com
City Council
Tuesday, March 3, 2009
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on March 3, 2009, at 5:34 p.m.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
and Tom Hart were present. Mayor David Kelly, City Manager
Jennifer Fadden, Assistant 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,
Colleyville Center Manager Lin Przybyl, Parks and Recreation
Director Monica Walsh, Human Resources Manager Elise Welborn,
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 and Councilmember Mike Taylor were
absent.
PC-1 Discussion of setting a date for a joint worksession with the City Council
and the Planning and Zoning Commission to conduct a visioning
workshop regarding the State Highway 26 (SH26) Redevelopment Study
The City Council determined that a Joint City Council and Planning and
Zoning Commission meeting will be held April 14, 2009, at 6:00 p.m., in
the Colleyville Public Library.
PC-2 Presentation and discussion of City Council budget calendar
The City Council reviewed the proposed Fiscal Year 2010 Budget
Calendar and did not make any changes.
PC-3 Discussion of the March 3, 2009 regular agenda items
Mayor Kelly stated City Council may want to consider Agenda Item 7a,
which is tabled, after consideration of Agenda Item 5b regarding
sidewalk regulations.
City of Colleyville Page 1 Printed on 3/25/2009
City Council
City Council Minutes March 3, 2009
Community Development Manager Ron Ruthven stated staff
recommended denial of Agenda Item 6a due to non compliance of the
size requirements of the Land Development Code.
Mayor Kelly congratulated Parks and Recreation Director Monica Walsh
and Colleyville Center Manager Lin Przybyl for ten years of service to the
City.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 5:41 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on March 3, 2009, at 5:41 p.m.
Mayor Kelly welcomed City Manager Jennifer Fadden.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David
Kelly, City Manager Jennifer Fadden, Assistant 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, Colleyville Center Manager Lin Przybyl,
Human Resources Manager Elise Welborn, Management Assistant
Christine Loven, Audio Visual Technician Lawrence Gise, City
Attorney Matthew Boyle and City Secretary Cynthia Singleton were
also present.
Councilmember Mike Taylor was absent.
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
City of Colleyville Page 2 Printed on 3/25/2009
City Council
City Council Minutes March 3, 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
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 5:41 p.m. and reconvened at 7:31 p.m.
INVOCATION: Pastor Lee Johnson, Bear Valley Community 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-09-3073
This resolution was not needed.
3. ANNOUNCEMENTS AND PRESENTATIONS
Mayor Kelly presented a plaque to Assistant City Manager Kelly Cooper
in recognition of service as the Interim City Manager and expressed
appreciation for an excellent job.
Assistant City Manager Kelly Cooper expressed appreciation to the City
Council for the opportunity to serve as Interim City Manager and the
management team for their support.
Mayor Kelly, on behalf of citizens and City Council recognized and
expressed appreciation to staff for years of service: Planner Justin Bass,
Dispatcher Karen Moore and Police Officer Toby Sims for one year of
service; Parks and Recreation Director Monica Walsh, Police Officer
John Retzos, Colleyville Center Manager Lin Przybyl and Police Officer
Raymon Cannon for ten years of service; Well Pump Maintenance
Operator Scott Ham and Engineering Assistant Kathy Moore for fifteen
years of service and Police Corporal Gary Moore for 20 years.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3074
4a Approval of the minutes of the regular City Council meeting of February
17, 2009
City of Colleyville Page 3 Printed on 3/25/2009
City Council City Council Minutes March 3, 2009
4b Approval of an exchange of real property in accordance with Chapter
272 of the Texas Local Government Code regarding approximately
10,252 square feet of City owned property in the 200 block of Black
Drive
4c Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition
being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision,
Case PC08-001
4d Approval of the Colleyville Trails and Sidewalks Committee
recommendations for the Fiscal Year 2008-2009 (FY 2008-09) sidewalk
construction
Mayor Kelly read Resolution R-09-3074 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 Wollin moved to approve Resolution R-09-3074.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike Taylor
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 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 an overview
of the updates to Impact Fees in the Texas Local Government Code.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item.
Mayor Kelly closed the public hearing.
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City Council
City Council Minutes March 3, 2009
Mayor Kelly moved to approve Ordinance 0-09-1711.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike Taylor
5b 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.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item.
Mayor Kelly closed the public hearing.
Councilmember Licata moved to approve Ordinance 0-09-1712.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike. Taylor
5c 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.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item.
Mayor Kelly closed the public hearing.
Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1713.
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City Council City Council Minutes March 3, 2009
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike Taylor
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-09-1714 Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7
of the Windview Estates Addition located at 2325 Oak Knoll, Case
ZC09-001
Mayor Kelly read the caption of Ordinance 0-09-1714
Community Development Manager Ron Ruthven provided an overview
of the request for a Special Use Permit and stated a petition with nine
signatures opposing the carport was received, the Planning and Zoning
Commission recommended approval and staff recommends denial.
Mayor Kelly opened the public hearing.
Mr. Jeff Russell, 2325 Oak Knoll Drive, applicant, spoke regarding the
location of the proposed carport and requested approval of the SUP.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding staffs recommendation and the visibility of
the carport by neighbors.
7. TABLED ITEM:
READING AND PUBLIC HEARING
7a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds
for sidewalks on Lot 1R-B, Block 1 of the K.R. Marsh Addition located at
2109 Oak Knoll Court, Case G-09-002
Councilmember Hall moved to remove Resolution R-09-3055 from the
table.
Councilmember Wollin seconded the motion.
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City Council City Council Minutes March 3, 2009
The motion carried by the following vote:
Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike Taylor
Mayor Kelly read Resolution R-09-3055 in its entirety.
Community Development Manager Ron Ruthven provided an overview
of the request for a waiver for the construction of a sidewalk.
Mayor Kelly opened the public hearing.
Mr. Jeff Russell, 2109 Oak Knoll Court, applicant, spoke regarding the
need for sidewalks in the neighborhood, previous waivers for
construction of sidewalks in the neighborhood, the cost of sidewalk
construction and the Supplemental Sidewalk System Map.
There were no others present to speak concerning this item and Mayor
Kelly closed the public hearing.
Discussion ensued regarding the ability and process for appealing the
decision of a request for a waiver.
Mayor Pro Tem Ayers moved to approve Resolution R-09-3055.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike Taylor
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
9. REPORTS:
Colleyville Trails and Sidewalks Committee Minutes -November 11,
2008
Colleyville Center Advisory Committee Minutes -November 17, 2008
Planning and Zoning Commission Minutes -February 9, 2009
Colleyville Trails and Sidewalks Committee Minutes -February 10, 2009
City of Colleyville Page 7 Printed on 3/25/2009
City Council City Council Minutes March 3, 2009
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 3, 2009 -
Reading and Public Hearing -Resolution R-09-3075
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: 6 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon
Ayers, Tom Hart
Absent: 1 -Mike Taylor
Mayor Kelly adjourned the meeting at 8:06 p.m.
APPROVED BY A VOTE OF ~ AYES, a YS AND !~
ABSTENTIONS ON THIS THEo2~DAY OF 2009.
Minutest nand pr
Cynthia ingleton, TRMC, CMC
City Secretary
City of Colleyville Page 8 Printed on 3/25/2009