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HomeMy WebLinkAboutCity Council-Minutes-12/1/2009City of Colleyville 100 Main Street Colleyville, Texas 76034 ~`~' ` ~ Agenda 817.503.1000 ` ,,;~;;~ vwvw.colleyville.com City Council Tuesday, December 1, 2009 5:00 PM CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the vision and plans for the City's Parks, Recreation and Open Space System PC-2 Discussion of possible amendments to Chapter 7 -Sign Regulations of the Land Development Code PC-3 Review and discussion of the City Council Rules of Procedure PC-4 Discussion of Fire Department Staffing For Adequate Fire and Emergency Response (SAFER) grant application PC-5 Discussion of the December 1, 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville 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 City of Colleyville Page 1 Printed on 11/20/2009 City Council Agenda December 1, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Neda Moayad, 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-09-3169 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 employees' years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3170 4a Approval of the minutes of the regular City Council meeting of November 17, 2009 4b Approval of an Interlocal Agreement with the City of Grapevine for maintenance of the reconstructed Pool Road between Hall- Johnson Road and Ira E. Woods Avenue 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1739 Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC09-018 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3171 Approval of replacing Resolution R-06-2655 and of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III Transportation Enhancements Funding Assistance Application submittal City of Colleyville Page 2 Printed on 11/20/2009 City Council Agenda December 1, 2009 6b R-09-3172 Approval of the Traffic Impact Analysis for Covenant Christian Acadamy located at the corner of Cheek-Sparger Road and Wayne Drive, Case GC09-019 7. TABLED ITEM(S) READING AND PUBLIC HEARING 7a 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 7b 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: 9a Parks and Recreation Advisory Board Minutes -September 14, 2009 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 1, 2009 -Reading and Public Hearing -Resolution R-09-3173 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 20, 2009, b 5:00 p.m. 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 11/20/2009 4~ ~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 "~'-~~" vrww.colleyville.com City Council Tuesday, December 1, 2009 .5:00 PM CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 1, 2009, at 5:20 p.m. ROLL CALL: Councilmembers 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, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Michael Muhm arrived at 5:30 p.m. Councilmember Carol Wollin arrived at 5:31 p.m. PC-1 Discussion of the vision and plans for the City's Parks, Recreation and Open Space System Parks and Recreation Director Monica Walsh introduced Adam Wood, Chad Dietz and Francois deKock of Halff Associates, Inc. Mr. Francois deKock, Halff and Associates, reviewed the Master Plan components, reported the telephone survey results conducted by Ray Turco and Associates and facilitated a discussion with Councilmembers to determine the City Council's vision for the City's Parks, Recreation and Open Space System. Parks and Recreation Director Monica Walsh stated a public meeting will be held in January to solicit the citizen's needs and desires for the City's park and recreation system. PC-2 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code, Case GC09-020 City of Colleyville Page 1 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 Interim Community Development Director Ron Ruthven outlined the proposed amendments to Chapter 7 - Sign Regulations of the Land Development Code and answered questions of the City Council. There was general discussion regarding signs for missing pets and non-profit civic organizations. City Council requested staff include a definition of civic organization in the proposed ordinance for sign regulation. Staff recommends changing the size parameters of political signs to meet the sign manufacturer standard sizes as follows: signs within the City's right-of-way may not exceed 16 square feet nor four feet in height and signs on private property may not exceed 32 square feet nor eight feet in height. It was determined the proposed sign regulation amendments will be presented to City Council for consideration. PC-3 Review and discussion of the City Council Rules of Procedure City Manager Jennifer Fadden and City Secretary Cynthia Singleton provided information regarding the proposed changes to the City Council Rules of Procedures. Discussion ensued regarding the protocol for honoring deceased current or former City elected officials. It was determined Section VIII. Memorials -Recognition of the death of a current or former City elected official will. read as follows: When the City is notified of the death of a current or former elected official, flowers or a plant will be sent to the memorial service and a sympathy card will be sent to the family. A Memorial Proclamation, honoring the official, will be sent to the memorial service or to the family. The City Manager's Office will coordinate the donation of a book, in which the official's name is inscribed on a book plate inside the book, to the Colleyville Public Library, in an amount not to exceed $50.00. A letter from the Library Director will notify the family of the book donation. It was determined the proposed changes to the City Council Rules of Procedure will be presented for City Council consideration during the December 15, 2009 City Council meeting. PC-4 Discussion of Fire Department Staffing For Adequate Fire and Emergency Response (SAFER) grant application City of Colleyville Page 2 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 Interim Fire Chief Russell Shelley provided information regarding the Fire Department Staffing for Adequate Fire and Emergency Response (SAFER) program and grant provisions. Discussion ensued regarding the grant funding process and the staffing and benefit plan It was determined staff should apply for the SAFER grants. PC-5 Discussion of the December 1, 2009 regular agenda items Mayor Kelly stated he will recuse himself and Mayor Pro Tem Ayers will preside during consideration of agenda item 6b, Resolution R-09-3172. City Attorney Matthew Boyle stated agenda item 7b, Ordinance 0-09-1738 requires a super majority vote of City Council for approval. City Manager Jennifer Fadden stated, regarding agenda item 6b, Resolution R-09-3172, the Traffic Impact Analysis was forwarded to the City of Bedford on November 2, 2009 and the City of Bedford responded on December 1, 2009, with concerns regarding traffic flow into Bedford and suggested a signalized light be installed at Cheek Sparger Road and Bedford Road. Discussion ensued regarding the responsibility for installation, maintenance and cost of a signal light. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:08 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 1, 2009, at 7:09 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, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Human Resources Manager Elise Welbor, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. City of Colleyville Page 3 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 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. 551.087 - 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 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 7:09 p.m. and reconvened at 7:39 p.m. INVOCATION: Councilmember Mike Taylor 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-09-3169 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Councilmember Wollin invited everyone to the Celebrate Colleyville event on Friday, December 4, 2009, 4:00 p.m. to 9:00 p.m. at the Colleyville Center to enjoy Radio Disney, athree-story holiday slide, Euro bungee, Santa's photo shop, tubing snow hill and the holiday tree lighting. Councilmember Wollin invited everyone to the Lions Club Breakfast with Santa on Saturday, December 5, 2009, 7 a.m. at the Colleyville Center. City of Colleyville Page 4 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 Councilmember Wollin invited everyone to the Colleyville Woman's Club Holiday Home Tour, Sunday, December 6, 2009. Councilmember Wollin announced the Colleyville Public Library 3rd Annual Open House will be held Saturday, December 12, 2009, 1:00 p.m. to 3:00 p.m. and invited everyone to enjoy school choirs and soloists, face. painting and children's crafts. Mayor Kelly announced former Councilmember Jim Moore will be announcing the Dulce Moore reading contest winners. Mayor Kelly recognized employees for years of service: Robert Shelar, Public Works, Charles Harper, Fire Department and Amy Wilson, Parks Department for one year of service; Erica Gill, Library and Tommy Ingram, Police Department for five years of service; Tim Folden and Nick Cushing, Fire Department for ten years of service and Dorothy Posey, Human Resources Department for fifteen years of service. Mayor Kelly expressed appreciation to the employees for their service and dedication. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3170 4a Approval of the minutes of the regular City Council meeting of November 17,.2009 4b Approval of an Interlocal Agreement with the City of Grapevine for maintenance of the reconstructed Pool Road between Hall- Johnson Road and Ira E. Woods Avenue Mayor Kelly read Resolution R-09-3170 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. Mayor Kelly moved to approve Resolution R-09-3170. 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 City of Colleyville Page 5 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1739 Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC09-018 Mayor Kelly read the caption of Ordinance 0-09-1739. Interim Community Development Director Ron Ruthven provided an overview of the proposed fees. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1739. 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 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3171 Approval of replacing Resolution R-06-2655 and of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III Transportation Enhancements Funding Assistance Application submittal Mayor Kelly read Resolution R-09-3171 in its entirety. Parks and Recreation Director Monica Walsh presented information regarding the Little Bear Creek Trail extension and the Cottonbelt Trail Phase III projects and the grant application process for which up to 80% of eligible project costs may be reimbursed with federal funds and the City's 20% matching share. Discussion ensued regarding the timeline of the project and funding sources for the City's 20% matching share. City Manager Jennifer Fadden clarified that staff has identified potential funding sources for these projects. There has not been any particular funding allocated for the City's match. That would happen when the City is awarded the grant and City Council approves acceptance of the grant and appropriates matching funds. City of Colleyville Page 6 Printed on 1Z/18/2009 City Council City Council Minutes December 1, 2009 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-09-3171. 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 6b R-09-3172 Approval of the Traffic Impact Analysis for Covenant Christian Academy located at the corner of Cheek-Sparger Road and Wayne Drive, Case GC09-019 Mayor Kelly recused himself due to a conflict of interest and Mayor Pro Tem Ayers presided during consideration of the item. Mayor Pro Tem Ayers read Resolution R-09-3172 in its entirety. Interim Community Development Director Ron Ruthven provided information regarding the requirement for Covenant Christian Academy to provide a Traffic Impact Analysis and summarized the recommendations of the Traffic Impact Analysis. Mayor Pro Tem Ayers opened the public hearing. Mr. Kevin Wolfe, 4800 Bill Simmons Road, representative of Covenant Christian Academy, requested approval of the Traffic Impact Analysis and was present to answer questions of the City Council. Mr. Danny Haigler, 929 Harwood Terrace, Bedford, Texas, spoke in opposition to the proposed resolution and regarding school zone traffic flow and the benefit of a traffic light signal. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Mr. Jody Short, Lee Engineering, 3030 LBJ Freeway, Dallas, Texas, representing Covenant Christian Academy, spoke regarding traffic volume, a traffic light signal and was present to answer questions of the City Council. City of Colleyville Page 7 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 City Manager Jennifer Fadden stated the Traffic Impact Analysis was sent to the City of Bedford in early November and the City received a response from the City- of Bedford today expressing concerns regarding the potential impact of no left turn on Cheek-Sparger and no right turn off of the campus and onto Wayne Drive possibly funneling traffic into the City of Bedford. The Bedford City staff suggest considering a signal light at Wayne Drive and Cheek-Sparger Road. Mayor Pro Tem Ayers stated the City of Bedford requested a delay in consideration of the resolution to allow for collaboration between Covenant Christian Academy and the cities of Bedford and Colleyville. Mr. Wolff stated a delay in approving the Traffic Impact Analysis may prevent the school building from being available for the school year beginning in August and requested approval of the traffic impact analysis. Mayor Pro Tem Ayers asked if there is a mechanism to issue a building permit without approval of the traffic impact analysis. City Attorney Boyle responded, "No, in order to issue a building permit, they must have a TIA in hand". Councilmember Taylor moved to approve Resolution R-09-3172. Councilmember Taylor requested staff converse with City of Bedford representatives to mitigate their concerns. Discussion ensued regarding future consideration of traffic signalization. Councilmember Taylor withdrew the motion for further discussion. Mr. Bill Sibley, City of Bedford, expressed appreciation to the City of Colleyville for providing information regarding this matter and spoke regarding traffic flow and volume into the City of Bedford and possible signalization. Councilmember Taylor moved to approve Resolution R-09-3172. 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 City of Colleyville Page 8 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 7. TABLED ITEM(S) READING AND PUBLIC HEARING 7a 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 read the caption of Ordinance 0-09-1733. Interim Community Development Director Ron Ruthven stated this item has been delayed due to the applicant's inability to attend the City Council meetings and the applicant submitted a fire turnaround diagram, which cannot be approved as a condition of the ordinance, however, upon issuance of a building permit, the Fire Department can require a turnaround for fire safety purposes. Mayor Kelly opened the public hearing. Mr. Jim Lafferty, 406 John McCain Road, applicant, spoke regarding the current zoning of the property and regardng the fire turnaround lane. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the minimal street frontage requirement, history of the City's flag lots and providing fire safety services. Mayor Kelly reopened the public hearing. Mr. Jim Lafferty provided information from the Fire Marshal regarding the residential driveway and a hammerhead drive. Discussion continued regarding the configuration of the property and driveway. Interim Fire Chief Russell Shelley spoke regarding the fire turn around requirements and recommended installation of residential fire sprinklers. Councilmember Hall moved to approve Ordinance 0-09-1733. Mayor Pro Tem Ayers seconded the motion. Mayor Kelly requested staff ensure all fire safety requirements are met prior to the issuance of permits. City of Colleyville Page 9 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 Mayor Pro Tem Ayers asked the City Attorney if he is confident the City can require the turnaround. City Attorney Matthew Boyle stated, yes, but there are really two issues that are being confused right now. The requirement for this property to be replatted is because ultimately lot lines are going to be moved; that is the plat requirement that is subject to a ministerial level of approval. The second is the Fire Marshal is part of the building code and absolutely has the discretion to require necessary fire access improvements as a condition of the issuance of a building permit. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b 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 stated the item has been continued due to the applicant being out of town and reviewed the history of the carports being constructed without a Special Use Permit. Mayor Kelly opened the public hearing. Mr. Casey Ryan, 6501 Ponderosa Lane, applicant, spoke regarding the construction of the carports. Mr. James Kniese and Mrs. Kerry Kniese, 6512 Ponderosa Lane did not wish to speak but recorded their opposition to the proposed Ordinance. Ms. Kay Hanzelka and Mr. Joe Hanzelka, 6508 Kingston, did not wish to speak, but recorded their opposition to the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the number and type of violations and steps necessary for compliance with the Land Development Code. Mayor Pro Tem Ayers asked the City Attorney if the City Council denies the request, would the applicant be required to tear down -the two carports or alternatively, could the City Council deny the request as ii relates to the side of the carport that is completely out of compliance and allow the applicant the opportunity to modify the remaining carport to City of Colleyville Page 10 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 bring it into compliance. Is there a mechanism by which the City. Council can deny the request and the applicant have to re-submit the request with new drawings and plans without actually tearing it down first? City Attorney Matthew Boyle stated the carports are currently in violation, so staff could issue tickets everyday for violations. That being said, if the City Council left this case open, the applicant could submit a revised Special Use Permit (SUP) application indicating their intent to leave only one of the buildings up and, therefore, avoid the necessity of having to re-file a new SUP application. There are really two issues. The first one is to remove the buildings because they .are in violation and that exists everyday without this application or until a SUP is approved that makes it legal and sanctioned. .The second thing is relative to the fact that the applicant must have an SUP even if one carport remains and the City Council must decide if they want to favorably consider leaving one carport up whether it be within the confines of this case or in a subsequent case. City Attorney Boyle further stated, Section 4, 1a of the Ordinance describes carport A. Carport A appears to be the one that has the most issues and would nearly be impossible to fix due to the setback issues. Carport B appears to be the one that doesn't have the side yard setback issues and if the City Council desires, Carport B could otherwise comply with the requirements by removing the waivers identifed and Section 4, 1. General, Carport B, item 6, where it would have otherwise permitted a waiver that would allow the construction to be of steel columns and a tin roof, City Council can customize the conditions as City Council wishes. Mayor Kelly moved to deny Ordinance 0-09-1738 without prejudice. Mayor Pro Tem Ayers seconded the motion and requested staff assist the applicant with the appropriate process. Discussion ensued regarding the changes necessary for consideration of a SUP. Mayor Kelly asked the City Attorney if the motion is accepted, is there an ability to work with carport B or do both structures need to be taken down to come into compliance with the motion. City Attorney Boyle stated both carports will remain in violation of the Code of Ordinances unless and until a SUP is issued, which sanctions both of them. Mayor Kelly asked the City Attorney if being in violation means it could be a ticketable offense. City of Colleyville Page 11 Printed on 12/18/2009 City Council City Council Minutes December 1, 2009 City Attorney Boyle responded those violations do constitute a citable offense. Interim Community Development Director Ron Ruthven stated policy provides, for a case involving an active violation yet is moving through either a variance process or Special Use Permit process, to suspend the violation while the case is under consideration. For example, if Council were to deny this tonight, policy provides the applicant ten days to rectify the violation or citations are issued on a daily basis. Mayor Kelly restated the motion to deny Ordinance 0-09-1738, without prejudice and requested staff work with the applicant regarding the appropriate process for consideration of a new SUP. 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Parks and Recreation Advisory Board Minutes -September 14, 2009 Planning and Zoning Commission Minutes -November 9, 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 DECEMBER 1, 2009 -Reading and Public Hearing -Resolution R-09-3173 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Wollin seconded the motion. City of Colleyville Page 12 Printed on 12/18/2009 City Council City Council Minutes December 1, 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 9:30 p.m. APPROVED BY A VOTE OF ___~ AYES, ~ NAYS AND ~_ ABSTENTIONS ON THIS THE /.~ DAY OF ,2009. Minutes taken and pre ared by: Cynthia Singleton, TRMC, CMC City Secretary C City of Colleyville Page 13 Printed on 12/18/2009