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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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