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HomeMy WebLinkAboutCity Council-Minutes-8/4/2009City of Colleyville 100 Main Street L , ,, Colleyville, Texas 76034 ~~ ~~~~~~ A e n d a 817. 503.1000 ~~ ~ www.colle ville.com ,, <., y City Council Tuesday, August 4, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Update on the Colleyville Public Library Spatial Reorganization Plan - Estimate of Additional Operational Costs for Second Floor Development PC-2 Discussion of the August 4, 2009 City Council meeting 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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: Neda Moayad, Colleyville Baha'i Community City of Colleyville Page 1 Printed on 7/31/2009 City Council Agenda August 4, 2009 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-09-3124 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation - In recognition of The Robert J. and Helen H. Glaser Family Foundation for their sustained support of the Colleyville Public Library, 2003 - 2009, through grants for the Summer Reading Program and library materials -Christine and Robert Glaser, Jr. by Mayor David Kelly on behalf of the Colleyville Public Library Foundation 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3125 4a Approval of the minutes of the regular City Council meeting of July 21, 2009 4b Approval of the minutes of the Joint City Council and Colleyville Library Board meeting of July 9, 2009 4c Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2009 4d Approval and adoption of the 2009 certified tax roll 4e Approval of the annual review of the City's Investment Policy 4f Approval of Broker/Dealer firms for investment purchases 4g Approval of a donation of granite memorial markers from Michael E. Patterson 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code City of Colleyville Page 2 Printed on 7/31/2009 City Council Agenda August 4, 2009 5b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 8. TABLED ITEMS: READING AND PUBLIC HEARING 8a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings 8b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 4, 2009 - Reading and Public Hearing -Resolution R-09-3126 11. ADJOURNMENT: City of Colleyville Page 3 Printed on 7/31/2009 City Council Agenda August 4, 2009 I hereby certify the above ends was posted on the bulletin boards at City Hall on Friday, July 31, 2009, b 5:00 p. m. Cyn hia 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. Cify of Colleyville Page 4 Printed on 7/31/2009 City of Colleyville 100 Main Street ~~ ~ ~~ Colleyville, Texas 76034 City Council Minutes s17. so3.lo00 "'"" vvww.colleyville.com City Council Tuesday, August 4, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 4, 2009, at 5:40 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Economic Development Director Marty Weider, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Community Development Intern Sarah Coplen, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 5:50 p.m. PC-1 Update on the Colleyville Public Library Spatial Reorganization Plan - Estimate of Additional Operational Costs for Second Floor Development Library Director Mary Rodne provided an update of the Colleyville Library Spatial Reorganization Plan and an estimate of operational costs for the development of the second floor and reconfiguring the first floor and answered questions of the City Council. City Manager Jennifer Fadden spoke regarding potential funding sources and the timeline for the development of the schematic design. PC-2 Discussion of the August 4, 2009 City Council meeting regular agenda items Mayor Kelly stated he will recuse himself due to a conflict of interest and Mayor Pro Tem Ayers will preside during discussion and consideration of Ordinance 0-09-1725. Mayor Pro Tem Ayers asked if there were any questions or comments regarding regular agenda item 6a. City of Colleyville Page 7 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 Community Development Director Ron Ruthven provided additional "" information from the applicant for agenda item 6a and spoke regarding the timeframe for removal of the temporary portable buildings and perimeter street fees for Wayne Drive and answered questions of the City Council. Public Works Director Steve Chutchian provided information regarding the road condition of Wayne Drive and answered questions of the City Council. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:15 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 4, 2009, at 6:16 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Economic Development Director Marty Weider, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Community Development Intern Sarah Coplen, Management Assistant Christine Loven, 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 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. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites City of Colleyville Page 2 Printed on 8/24/2009 City Council City Council Minutes August 4, 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 6:16 p.m. and reconvened at 7:30 p.m. INVOCATION: John Leonard, Colleyville Baha'i Community 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-09-3124 This resolution was not needed. ~,. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly congratulated Councilmember-elect Michael Muhm for election to City Council, Place 2. Mayor Kelly introduced Marty Weider, the new Economic Development Director. Mayor Kelly, on behalf of the Colleyville Public Library Foundation, presented a plaque to Christine and Robert Glaser, Jr., in recognition of the Robert J. and Helen H. Glaser Family Foundation for their sustaining support of the Colleyville Public Library. Mayor Kelly presented a Proclamation to Christine and Robert Glaser, Jr. and proclaimed August 6, 2009, Robert J. and Helen Glaser Family Foundation Day in Colleyville. Library Director Mary Rodne reported the Summer Reading Program and the Chess Club are possible through the generous support of the Glaser Family Foundation and expressed appreciation for the annual donation of $10,000.00. City of Colleyville Page 3 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3125 4a Approval of the minutes of the regular City Council meeting of July 21, 2009 4b Approval of the minutes of the Joint City Council and Colleyville Library Board meeting of July 9, 2009 4c Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2009 4d Approval and adoption of the 2009 certified tax roll 4e Approval of the annual review of the City's Investment Policy 4f Approval of Broker/Dealer firms for investment purchases 4g Approval of a donation of granite memorial markers from Michael E. Patterson Mayor Kelly read Resolution R-09-3125 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 heairng. Councilmember Taylor moved to approve Resolution R-09-3125 Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Taylor stated three granite memorial markers were previously located in The Village at Colleyville and were relocated to the Colleyville Senior Center through the generosity of Mr. Michael Patterson. City of Colleyville Page 4 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 " 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code Mayor Kelly read the caption of Ordinance 0-09-1723. Mayor Kelly opened the public heairng. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Ordinance 0-09-1723. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Mayor Kelly read the caption of Ordinance 0-09-1724. Management Assistant Christine Loven provided information regarding the negotiation between Atmos Cities Steering Committee and Atmos Energy Corporation related to a rate review mechanism. Mayor Kelly opened the public heairng. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-09-1724. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 5 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 Mayor Kelly recused himself from consideration of this item due to a conflict of interest and Mayor ProTem Ayers presided during this agenda item. Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1725. Community Development Director Ron Ruthven provided an overview of the request from Colleyville Covenant Christian Academy to change the zoning of 17.7 acres, located at 715, 901 and 909 Cheek Sparger Road and 3815, 3809, 3805 Wayne Drive and plans for the school property and facilities and stated the applicant is proposing to improve the "~ western half of Wayne Drive and staff recommends the applicant be `~ required to pay street perimeter fees in lieu of construction and, in order to require this, language would need to be added to the proposed ordinance. Mr. Ruthven reported the Planning and Zoning Commisssion recommends approval and staff recommends approval with the conditions included in the ordinance. Mayor Pro Tem Ayers opened the public hearing. Mr. Art Pengally, Southlake, Texas, applicant, expressed appreciation to Mr. Ruthven for the presentation and provided information regarding the zoning request, Covenant Christian Academy (CCA) expansion plans, cooperative efforts with the surrounding homeowners and requested that bleachers currently scheduled for installation in Phase 3 be installed in Phase 1, the athletic field preparation be moved to Phase 1, that the fire lane include removable obstructions, such as bollards, to prevent use of the fire lane, any impact fee payments for the improvements of Wayne Drive be phased in to match the construction schedule, that Covenant Christian Academy only be required to pay impact fees associated with phases approved by City Council and the requirement to buffer 3709 Wayne Drive be waived should that property be acquired by CCA. Ms. Jessie French, 3700 Brown Trail, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding traffic concerns. City of Colleyville Page 6 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 Mr. Jim Moore, 1416 Glade Road, spoke in opposition to the proposed ' ordinance and regarding removal of the temporary buildings. Mr. Wyatt Cross, 3817 Fox Hollow Drive, spoke regarding discussions with the Covenant Christian Academy school representatives regarding lighting, stadium seating, noise reduction, traffic flow, drainage, restroom facilities and fencing. Ms. Amelia Ford, 3824 Fox Hollow Drive, spoke in support of the proposed ordinance and regarding the cooperation of Covenant Christian Academy representatives related to citizen concerns. Mr. Danny Haigler, 929 Harwood Terrace, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding traffic concerns, pedestrian safety and requested a traffic study of the area around the academy. Mr. Kelly Anderson, 3608 Wayne Court, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding the CCA expansion plans, potential closing of Wayne Drive and traffic flow. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Mayor Pro Tem Ayers reopened the public hearing. Mr. Mike Piske, 920 Brestol Court West, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding drainage issues, the road conditions of Wayne Drive and lowering the speed limit on Wayne Drive. Dr. and Mrs. Geurt Levi Tilma, 3604 Shady Brook Drive, Bedford, Texas; Ms. Laura Cox, 3608 Spring Valley Drive, Bedford, Texas; Mr. Darrell Weaver, 3629 Wayne Court, Bedford, Texas and Ms. Trava Weaver, 3629 Wayne Court, Bedford, Texas, did not wish to speak but wanted the record to reflect their opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. There was general discussion regarding the timeframe for removal of the temporary portable buildings, traffic impact analysis, traffic patterns, road way improvements to Wayne Drive, school hours, enrollment numbers, use of and lighting the athletic field, width of sidewalks, phases of construction and completion dates. City of Colleyville Page 7 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 " " 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Mayor Kelly moved to continue consideration of Resolution R-09-3118 to the August 18, 2009 City Council meeting. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. TABLED ITEMS: READING AND PUBLIC HEARING 8a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings The City Council passed over this item. 8b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas The City Council passed over this item. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 4, 2009 - Reading and Public Hearing -Resolution R-09-3126 This resolution was not needed. Cify of Colleyville Page 8 Printed on 8/24/2009 City Council City Council Minutes August 4, 2009 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, .lon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:55 p.m. APPROVED BY A VOTE OF ~p AYES, D NAYS AND ABSTENTIONS ON THIS THE ~~ DAY OF 2009. Minutes taken and y: Cynthia ~figleton, TRMC, C City Secretary ~~'~`' City of Colleyville Page 9 Printed on 8/24/2009