HomeMy WebLinkAboutCity Council-Minutes-8/4/2009City of Colleyville 100 Main Street
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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
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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