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HomeMy WebLinkAboutCity Council-Minutes-11/4/2009>-, ~ ~~ t , I~~~ '~€~ ,,.,., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, November 4, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion on the Trinity River Authority (TRA) pass through water and sewer rate increase PC-2 Presentation and discussion of the Fiscal Year (FY) 2010 Work Plan PC-3 Presentation by ARTSNET President Cathy Hernandez PC-4 Discussion of the November 4, 2009, City Council 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. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville 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 City of Colleyville Page 1 Printed on 10/30/2009 City Council Agenda November 4, 2009 INVOCATION: Pastor Carter Foster, Covenant 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-09-3160 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3161 4a Approval of the minutes of the regular City Council meeting of October 20, 2009 4b Approval of a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 5b 0-09-1734 Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1735 Approval of an ordinance creating and establishing a Municipal Court of Record City of Colleyville Page 2 Printed on 10/30/2009 City Council Agenda November 4, 2009 6b 0-09-1736 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 6c 0-09-1737 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 6d 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3162 Approval to support the American Recovery and Reinvestment Act (ARRA) of 2009 pursuing the Energy Efficiency. and Conservation Block Grants (EECBG) Program for funding 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2009 -Reading and Public Hearing -Resolution R-09-3163 10. ADJOURNMENT I hereby certify the agenda was posted on the bulletin boards at City Hall on Friday, October 3 009, y 5:00 p. ~--~- 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 3 Printed on 10/30/2009 City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 r°,°~~ www.colleyville.com City Council Wednesday, November 4, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 4, 2009, at 5:46 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, 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, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Accountant Karen Hines, Marketing and Communications Director Mona Gandy, Management Assistant Christine Loven, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion on the Trinity River Authority (TRA) pass through water and sewer rate increase Finance Director Terry Leake provided information regarding the history of the Trinity River Authority (TRA) and the City's water and sewer rates and TRA's increased rates for water and sewer service. Ms. Leake further stated that due to the TRA increases, the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio needed for the recently approved Capital Improvement Program (CIP). For FY 2010, the projected debt coverage ratio is .49 and does not meet the 1.20 debt coverage ratio required by the bond covenants. When the debt coverage ratio is not met, the rating agencies can downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the coverage ratio is met. In order to meet the required debt coverage ratio, a water rate adjustment of $0.25 per thousand and a sewer rate adjustment of $0.15 per thousand is needed. Ms. Leake stated a resolution will be on the November 17, 2009, City Council agenda for consideration of the pass through water rate increase of $.25 and the sewer rate increase of $.15 with an effective date of December 1, 2009. City of Colleyville Page 1 Prinfed on 11/20/2009 City Council City Council Minutes November 4, 2009 Discussion ensued regarding water conservation efforts, and water and sewer rates of surrounding cities and a tiered water rate structure. PC-2 PC-3 PC-4 1. Presentation and discussion of the Fiscal Year (FY) 2010 Work Plan Assistant City Manager Kelly Cooper provided a summary of the 2010 Work Plan. City Council requested a quarterly status report of the Work Plan. questions of the City Council. Police Chief Tommy Ingram provided information regarding plans for partnerships with other municipal agencies for shared services to eliminate redundancy and reduce operating costs and answered City Manager Jennifer Fadden stated an analysis will be conducted to determine the feasibility and financial impact of sharing services with other entities. Presentation by ARTSNET President Cathy Hernandez Ms. Cathy Hernandez, President, ARTSNET, provided biographical information, an overview of granting strategies, plans to establish a grant panel and marketing plans for the promotion of local artists. Discussion of the November 4, 2009, City Council regular agenda items Mayor Kelly stated the applicant, related to agenda item 5a, requested a continuance to the November 17, 2009 City Council meeting. City Manager Jennifer Fadden stated the applicant, related to agenda item 6d, is unable to attend the meeting this evening. Interim Community Development Director Ron Ruthven stated, regarding agenda item 6b, the traffic impact analysis of 907 trips per day includes the projected as well as the existing use. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 4, 2009, at 6:52 p.m. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 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. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville 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 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 6:52 p.m. and reconvened at 7:31 p.m. INVOCATION: Pastor Ann Foster, Covenant 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-09-3160 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Carol Wollin stated the Colleyville Garden Club will be adding gold to the City streets, gold color that is, in a project entitled "Streets of Gold"; This fall, the Colleyville Garden Club will partner with the Parks Department to plant 1,600 Carlton daffodil bulbs in public areas around Colleyville. Motorists will know they are entering Colleyville when they are greeted by the brillliant waves of cheery daffodils. The Garden Club will distribute daffodil bulbs to residents, City Council and staff and ask everyone to join in this endeavor to create "Streets of Gold" in Colleyville. City of Colleyville Page 3 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 Mayor Kelly expressed appreciation to the Colleyville Garden Club for adding beauty to the streets of Colleyville. Mayor Kelly announced the City is updating the Parks Master Plan and invites citizen comments and suggestions to determine future recreation, open space conservation and park development opportunities. The public meeting will be held September 10, 2009, at the Colleyville Senior Center, 2512 Glade Road, with a meet and greet at 6:30 p.m. and the workshop at 7:00 p.m. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3161 4a Approval of the minutes of the regular City Council meeting of October 20, 2009 4b Approval of a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club Mayor Kelly read Resolution R-09-3161 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 approved Resolution R-09-3161. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Wollin stated the Colleyville Garden Club is dedicated to beautifying the community and proceeds from the 2008 and 2009 Garden Club Promenade Tours provided for the purchase and donation of two bronze sculptures of children gardening and three Lyman Whitaker wind sculptures to McPherson Park. Ms. Wollin provided information regarding the artist Lyman Whitaker and the timeline for installation of the sculptures. Mayor Kelly expressed appreciation to the Colleyville Garden Club for the donation of the sculptures. City of Colleyville Page 4 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Mayor Kelly moved to continue the second hearing of Ordinance 0-09-1733 to the November 17, 2009, City Council meeting. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 0-09-1734 Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code Mayor Kelly read the caption of Ordinance 0-09-1734. Interim Community Development Director Ron Ruthven stated during the October 20, 2009 City Council meeting, staff reported protected trees that die within one year of new development require mitigation, but upon review of the existing ordinance and the proposed amendments, it has been determined there is no written requirement for such mitigation and that this requirement, in the past, was enforced as a matter of policy. Staff included the mitigation policy in the proposed ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the length of the tree warranty and type of protective fencing utilized for the critical root zone and tree trunk. Councilmember Wollin moved to approve Ordinance 0-09-1734, with the amendments to change the words drip line to critical root zone throughout the ordinance; change the one-year warranty to a three-year warranty in Section 5.10E Mitigation and Violations, and add the tree trunk shall be wrapped with orange vinyl construction fencing in Section 5.9 B2, Protective Fencing. City of Colleyville Page 5 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1735 Approval of an ordinance creating and establishing a Municipal Court of Record Mayor Kelly read the caption of Ordinance 0-09-1735. Finance Director Terry Leake provided an overview of a Municipal Court of Record and information regarding the conversion process to a Municipal Court of Record. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Police Chief Tommy Ingram provided information regarding the time, manpower and cost of service incurred by the City under the current appeal system and the advantages of converting to a Municipal Court of Record. Discussion ensued regarding expenses involved with conversion to a Municipal Court of Record. Finance Director. Terry Leake stated the proposed date of implementation is January 1, 2010. 6b 0-09-1736 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 Mayor Kelly read the caption of Ordinance 0-09-1736. Interim Community Development Director Ron Ruthven provided an overview of the request for an amendment to the PUDC zoning and the development requirements, and stated staff recommends that all office uses listed in the Land Development Code be allowed to include any use in the CC2-Shopping Center district; that all parking meet the minimum Cify of Colleyville Page 6 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 requirements of the Land Development Code; that the hours of operation be limited from 7:00 a.m. to 8:00 p.m. for buildings that do not front on SH26; and retail uses be permitted for builidngs with frontage along SH26. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval subject to the applicant constructing an eight foot masonary fence along the entire western property line adjacent to residential uses. Mayor Kelly opened the public hearing. Mr. Ray Collins, 2086 Bronco, Keller, Texas, applicant, provided information regarding the development plan and building design, tree mitigation and a landscape buffer. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the percentage of retail use in the development. Economic Development Director Marty Weider spoke regarding the building design and the impact on retail use. City Council requested the applicant confer with Economic Development Director Marty Wieder regarding building design elements to maximize retail sales. 6c 0-09-1737 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Mayor Kelly read the caption of Ordinance 0-09-1737. Community Development Director Ron Ruthven stated the Trinity River Authority (TRA) submitted an application for a Special Use Permit (SUP) to construct a water pump station and the request was approved by City Council on October 7, 2008; however, the building permit or certificate of occupancy was not issued within the required timeframe and the SUP became null and void. Trinity River Authority has submitted a new application for a SUP. Mayor Kelly opened the public hearing. Mr. Ron Tamada, Trinity River Authority, spoke regarding plans for construction of the water pumping station and answered questions of the City Council. Cify of Colleyville Page 7 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6d 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Mayor Kelly read the caption of Ordinance 0-09-1738. Interim Community Development Director Ron Ruthven provided information regarding the request for a Special Use Permit (SUP) for two attached carports, and stated the carports were constructed without a building permit in July 2009, and the SUP request is to allow the two existing carports to remain as constructed on the property. Mr. Ruthven reported staff recommends denial and the Planning and Zoning Commission recommended denial; therefore, the request can only be approved by a supermajority vote of the City Council. Mayor Kelly opened the public hearing. Mr. James Kniese, 6512 Ponderosa Lane, spoke in opposition to the proposed ordinance and regarding the impact of the carports on the property values and the commercial enterprise on the property and commended City Council for their service and support of the tree mitigation policy. Mr. Martin Boyles, 6505 Ponderosa Lane, spoke in support of the proposed ordinance. Mr. James Gordon, 6513 Ponderosa Lane, spoke in support of the proposed ordinance. Ms. Mimi Byerly, 7109 Pebble Hill Lane, spoke in opposition to the proposed ordinance and regarding the impact of the carports on property values. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Interim Community Development Director Ron Ruthven reviewed the Land Development Code standards for which the carports are not compliant. Discussion ensued regarding the carport construction timeline, the Land Development Code requirements for which the carports are deficient and the operation of a home-based business in violation of zoning laws. City of Colleyville Page 8 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3162 Approval to support the American Recovery and Reinvestment Act (ARRA) of 2009 pursuing the Energy Efficiency and Conservation Block Grants (EECBG) Program for funding Mayor Kelly read Resolution R-09-3162 in its entirety. Public Works Director Steve Chutchian provided information regarding the Energy Efficiency and Conservation Block Grants (EECBG) Program, the application process and stated a list of potential projects will be presented to City Council in December 2009 for consideration. Mayor Kelly opened the public hearing. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approved Resolution R-09-3162. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2009 -Reading and Public Hearing -Resolution R-09-3163 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council; Councilmember Muhm moved to adjourn. Councilmember Hart seconded the motion. City of Colleyville Page 9 Printed on 11/20/2009 City Council City Council Minutes November 4, 2009 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:55 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and p y ~~ Cy thia Singleton, TRMC, C City Secretary ~~ AYES, NAYS AND O _J~ DAY OF 2009. i City of Colleyville Page 10 Printed on 11/20/2009