HomeMy WebLinkAboutCity Council-Minutes-7/20/2010„~ ,,
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City of Colleyville
Agenda
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, July 20, 2010
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of health insurance bid analysis and recommendation
PC-2 Discussion of possible amendments to Section 22-5 Sexually Oriented
Businesses in the Code of Ordinances
PC-3 Discussion of a proposed scope and schedule for possible amendments
to Chapter 3.1 -Oil Gas Well Drilling and Production of the Land
Development Code
PC-4 Presentation of the Monthly Financial Report -June 2010
PC-5 Discussion of the July 20, 2010 City Council meeting regular agenda
items
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Section 551.071 -Legal -Consultation with attorney on legal issues
raised by public hearing or action items on the agenda
Section 551.071 -Legal -Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Sec. 551.072 -Property -Deliberate the sale, exchange or value of real
property -Water well sites
Section 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 7/15/2010
City Council Agenda July 20, 2010
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Randy Groves, Pleasant Run Baptist 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-10-3249
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of the Jumpin' Jammers Jump Rope Team -
Mayor David Kelly
Featured Colleyville Business Recognition - La De Da Pet Spa -
Amanda Buczek, owner
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3250
4a Approval of the minutes of the regular City Council meeting of July 6,
2010
4b Approval of the Local Transportation Project Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) for
the design and construction of quad gates
4c Approval of a bid award to Ward Diesel Filter Systems, for the
installation of exhaust recovery equipment on all fire apparatus, in the
amount of $59,500
4d Approval to purchase fuel for all City fleet vehicles from Mansfield
Oil/Wright Express, under the Tarrant County RFP 2010-056 Annual
Contract for Fleet Fuel Card and Maintenance Services
City of Colleyville Page 2 Printed on 7/16/2010
City Council Agenda July 20, 2010
4e Approval of a Professional Services Agreement with Burgess & Niple for
the design of the Pleasant Run Road and John McCain Road
Intersection Improvements, in an amount not to exceed $99,800, and
authorize the City Manager to execute the contract
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-10-1758 Approval of a request for a Special Use Permit for off-premise beer and
wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at
3830 Glade Road, Case ZC10-009
5b 0-10-1759 Approval of a request for a Special Use Permit for off-premise beer and
wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West
Addition located at 4403 Colleyville Boulevard, Case ZC10-010
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-10-1760 Approval of a request for an amendment to the PUDR-Planned Unit
Development Residential zoning and development regulations for the
Cambridge Place Addition located in the 800 block of Creekview Lane,
Case ZC10-015
6b 0-10-1761 Approval of a request to rezone 8.1 acres from the CC2-Shopping
Center zoning district to the PUDC-Planned Unit Development
Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H.
Survey located at 8100 Precinct Line Road, Case ZC10-017
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Planning and Zoning Commission Minutes -June 28, 2010
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 20, 2010 -
Reading and Public Hearing -Resolution R-10-3251
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall by Friday, July
16, 2010, 5:00 p.m.
City of Colleyville Page 3 Printed on 7/15/2010
City Council Agenda July 20, 2010
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Cynthia Singleton, TRMC, C
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 4 Prinfed on 7h5/2010
~~~ City of Colleyville 100 Mlain Street
TiiU Colleyville, Texas 76034
City Council Minutes 817.503.1000
"~~°~° www.colleyville.com
City Council
Tuesday, July 20, 2010
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on July 20, 2010, at 5:31 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 and Chief Financial Officer Terry Leake,
Police Lieutenant Rodney Cunningham, Police Officer Chuck
Tinsman, Fire Marshal Rob McKeown, Public Works Director Steve
Chutchian, Community Development Director Ron Ruthven,
Economic Development Director Marty Wieder, Library Director
Mary Rodne, Librarian Erica Gill, Human Resources Manager Elise
Welborn, Colleyville Center Manager Lin Przybyl, Administrative
Assistant Marilyn Gilbert, Communications and Marketing Director
Mona Gandy, Parks and Recreation Director Monica Walsh,
Information Services Manager Chris Pena, Utility Superintendent
Ken Tywater, Desktop Support Specialist Steve Thompson, GIS
Specialist Sunny Lindsey, Billing Supervisor Theresa Fox,
Executive Secretary Joyceinne Williams, Management Assistant
Christine Loven, City Attorney Michael Kailas and City Secretary
Cynthia Singleton were also present.
PC-1 Discussion of health insurance bid analysis and recommendation
Human Resources Manager Elise Welborn recognized and introduced
members of the Employee Benefits and Wellness Committee.
Ms. Welborn provided an overview of the health and dental insurance
bid process and analysis and the Employee Benefits and Wellness
Committee recommendations and answered questions of the City
Council.
Discussion ensued regarding the tier structure for the spouse of an
employee that participates in the wellness program.
City Manager Jennifer Fadden provided information regarding the City's
expense and savings related to the insurance program.
City of Colleyville Page 1 Printed on 8/4/2010
City Council City Council Minutes July 20, 2010
City Council determined a spouse of an employee may attain a higher
tier than the employee as long as the employee is participating in the
wellness program.
Councilmember Muhm commended the Benefits and Wellness
Committee for excellent research, analysis and recommendations.
Mr. Rich Allen and Mr. Christian Moreno of Cooper Corporate Solutions
provided information regarding a Health Savings Account (HSA) and the
impact of national healthcare reform on employer sponsored health
insurance plans and answered questions of the City Council.
City Manager Jennifer Fadden provided information regarding the
deductible exposure for employees.
Discussion continued regarding the long-term approach and solution to
reducing healthcare costs.
Mayor Kelly expressed appreciation to the Benefits and Wellness
Committee.
It was determined that Cooper Corporate Solutions would provide an
update of healthcare reform in December 2010.
City Council determined staff should proceed with the health insurance
renewal process.
PC-2 Discussion of possible amendments to Section 22-5 Sexually Oriented
Businesses in the Code of Ordinances
Community Development Director Ron Ruthven provided an overview of
possible amendments to the sexually oriented businesses ordinance and
answered questions of the City Council.
It was determined the proposed ordinance will be placed on a future City
Council agenda for consideration.
PC-3 Discussion of a proposed scope and schedule for possible amendments
to Chapter 3.1 - Oil Gas Well Drilling and Production of the Land
Development Code
Community Development Director Ron Ruthven provided an overview of
possible amendments to the Oil Gas Well Drilling and Production of the
Land Development Code and answered questions of the City Council
City of Colleyville Page 2 Printed on 8/4/2010
City Council City Council Minutes July 20, 2010
City Council requested staff obtain a baseline ambient test, determine
the cost of air quality testing and monitoring, select an independent air
quality consultant, and include the cost and- use of the consultant as
conditions of approval in the agreement with the applicant.
Councilmember Muhm requested the proposed ordinance address
liability limits, water and air testing, new production and environmental
standards, and an increase in the drilling permit to $20K or $25K.
Councilmember Wollin requested the proposed ordinance include
adequate bonding requirements, remediation timeline, responsibility for
road damage, type and fence height, landscape enhancements and
impact to future development around drilling site.
City Attorney Michael Kallas stated the City can regulate the type of
drilling rig.
Mr. Ruthven stated that proposed changes to the ordinance will be
included as part of the Special Use Permit if filed prior to approval of the
amended oil gas well drilling ordinance.
City Manager Jennifer Fadden stated the proposed ordinance will be
presented to City Council in the near future.
PC-4 Presentation of the Monthly Financial Report -June 2010
Finance Manager Karen Hines presented the June 2010 Monthly
Financial Report and answered questions of the City Council.
Discussion ensued regarding the budget deficit, water usage and a tier
rate structure for water usage.
Assistant City Manager and Chief Financial Officer Terry Leake provided
information regarding a proposal for a water usage tier rate structure and
the increase of fees by the Trinity River Authority.
PC-5 Discussion of the July 20, 2010 City Council meeting regular agenda
items
Mayor Kelly adjourned the Pre Council meeting at 6:58 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on July 20, 2010, at 6:59 p.m.
Cify of Colleyville Page 3 Printed on 8/4/2010
City Council City Council Minutes July 20, 2010
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 and Chief Financial Officer Terry Leake,
Police Lieutenant Rodney Cunningham, Fire Marshal Rob
McKeown, Public Works Director Steve Chutchian, Community
Development Director Ron Ruthven, Economic Development
Director Marty Wieder, Library Director Mary Rodne, Human
Resources Manager Elise Welborn, Colleyville Center Manager Lin
Przybyl, Communications and Marketing Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Information Services
Manager Chris Pena, Executive Secretary Joyceinne Williams,
Management Assistant Christine Loven, 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
Section 551.071 -Legal -Consultation with attorney on legal issues
raised by public hearing or action items on the agenda
Section 551.071 -Legal -Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Sec. 551.072 -Property -Deliberate the sale, exchange or value of real
property -Water well sites
Section 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 6:58 p.m. and reconvened at 7:34 p.m.
INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church
PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-10-3249
City of Colleyville Page 4 Printed on 8/4/2010
City Council City Council Minutes July 20, 2010
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Mayor Kelly presented a Proclamation in recognition of the Jumpin'
Jammers, a select jump rope team, who qualified to compete in the
Amateur Athletic Union Junior Olympic Games, August 4-7, 2010.
Ms. Michelle Bellott spoke regarding the activities and goals of the
Jumpin' Jammers.
Mayor Kelly and Economic Development Director Marty Wieder
presented a Proclamation to Ms. Amanda Buczek, owner, of the La De
Da Pet Spa.
Ms. Buczek expressed appreciation for the recognition and spoke
regarding the services provided at the pet spa.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3250
4a Approval of the minutes of the regular City Council meeting of July 6,
2010
4b Approval of the Local Transportation Project Advanced Funding
Agreement with the Texas Department of Transportation (TxDOT) for the
design and construction of quad gates
4c Approval of a bid award to Ward Diesel Filter Systems, for the
installation of exhaust recovery equipment on all fire apparatus, in the
amount of $59,500
4d Approval to purchase fuel for all City fleet vehicles from Mansfield
Oil/Wright Express, under the Tarrant County RFP 2010-056 Annual
Contract for Fleet Fuel Card and Maintenance Services
4e Approval of a Professional Services Agreement with Burgess & Niple for
the design of the Pleasant Run Road and John McCain Road
Intersection Improvements, in an amount not to exceed $99,800, and
authorize the City Manager to execute the contract
Mayor Kelly read Resolution R-10-3250 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.
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City Council City Council Minutes July 20, 2010
Public Works Director Steve Chutchian provided information regarding
the Local Transportation Project Advanced Funding Agreement with the
Texas Department of Transportation (TxDOT) for the design and
construction of quad gates, stated the installation of quad gates will allow
the City to apply for quiet zone designations at each crossing location
and answered questions of the City Council.
Public Works Director Steve Chutchian provided information regarding
the Professional Services Agreement with Burgess & Niple for the design
of the Pleasant Run Road and John McCain Road Intersection
Improvements and answered questions of the City Council.
Councilmember Muhm moved to approve Resolution R-10-3250.
Councilmember Wollin 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
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-10-1758 Approval of a request for a Special Use Permit for off-premise beer and
wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at
3830 Glade Road, Case ZC10-009
Mayor Kelly read the caption of Ordinance 0-10-1758.
Community Development Director Ron Ruthven stated information, from
the applicant, is provided in the briefing regarding the age of employees
and an identification verification policy and process for alcohol sales and
purchases.
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 0-10-1758.
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 6 Printed on 8/4/2010
City Council ,City Council Minutes July 20, 2010
5b 0-10-1759 Approval of a request for a Special Use Permit for off-premise beer and
wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West
Addition located at 4403 Colleyville Boulevard, Case ZC10-010
Mayor Kelly read the caption of Ordinance 0-10-1759.
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 0-10-1759.
Councilmember Wollin 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 0-10-1760 Approval of a request for an amendment to the PUDR-Planned Unit
Development Residential zoning and development regulations for the
Cambridge Place Addition located in the 800 block of Creekview Lane,
Case ZC10-015
Mayor Kelly read the caption of Ordinance 0-10-1760.
Community Development Director Ron Ruthven provided an overview of
the request to amend the Planned Unit Development Residential zoning
and development regulations for the Cambridge Place Addition located
in the 800 block of Creekview. Mr. Ruthven stated the original ordinance
allows for the development of nine acres for single family homes and the
applicant is requesting to raise the lot coverage requirement to 60%.
Originally, the applicant requested 60% lot coverage and this provision
was not included in the original ordinance, thereby causing the
requirement to default to 50% lot coverage as provided in the Land
Development Code. Mr. Ruthven further stated the Planning and Zoning
Commission and staff recommends approval.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
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City Council City Council Minutes July 20, 2010
Ms. Patrice Ciaccio, Cambridge Homes, was present to answer
questions of the City Council.
Community Development Director Ron Ruthven stated, in the past, lot
coverage was interpreted to only include the air conditioned area of the
building, but the Land Development Code defines lot coverage as the
footprint of the building, which is the entire building.
6b 0-10-1761 Approval of a request to rezone 8.1 acres from the CC2-Shopping
Center zoning district to the PUDC-Planned Unit Development
Commercial zoning district on Tract 1 B1 of Abstract 1154 of the R.H.
Survey located at 8100 Precinct Line Road, Case ZC10-017
Mayor Kelly read the caption of Ordinance 0-10-1761.
Community Development Director Ron Ruthven provided an overview of
the request to rezone property at 8100 Precinct Line Road, to a Planned
Unit Development Commercial zoning district for the purpose of opening
a memory care facility and stated the Planning and Zoning Commission
and staff recommends approval with the conditions included in the
proposed ordinance.
Economic Development Director Marty Wieder provided information
regarding the impact of the proposed medical facility on economic
development in the City and stated the facility is consistent with the City
Council's goal of economic development, as well as three objectives in
the Strategic Plan, which include attracting visitors from outside the City;
encouraging commercial development along Precinct Line Road, and
marketing Colleyville as a medical specialty center. Mr. Wieder further
stated the proposed cottages will qualify for an occupancy tax, which
may generate a new revenue source and diversify the City's tax base.
Mayor Kelly opened the public hearing.
Mr. Tony Callaway, 13642 Omega, Dallas, Texas, Miller-Hodges
Architects, representing the applicant, stated he will speak regarding the
facility site and design issues, and introduced Mr. Steve Garmen,
Consultant to memory care facilities, who will present information
regarding the use and operation of the facility.
Mr. Steve Garmen, 704 Saddlebrook Drive, Senior Consultant, Senior
Living Resource Group, provided information regarding dementia and
alzheimer diseases, the level of care at the proposed facility, use and
operation of the proposed medical facility, and answered questions of
the City Council..
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City Council City Council Minutes July 20, 2010
Mr. Callaway provided information regarding the ingress and egress to
the proposed facility, design elevations, impact to the neighborhood, type
of fencing, landscaping, setback requirements, parking, architectural
elements and answered questions of the City Council.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mr. Garmen spoke regarding the security of the facility, fire safety,
cottage design and purpose, building setback, types of fencing and
screening and viability of business model.
Mr. Charles Hodges, 13642 Omega, Dallas, Texas, spoke in favor of the
proposed ordinance and regarding the commercial development of
Colleyville and need and demand for a high level patient care facility.
Fire Marshal Rob McKeown stated the proposed facility will be fully
sprinkled, and most of the time, a fire with this type of sprinkler system
will allow staff to "protect in place", which means the fire does not get
very big and the facility does not have to be completely evacuated. He
further stated an evacuation plan must be in place to provide for the
worst case scenario.
Councilmember Mike Taylor stated, for full disclosure, my father has
alzheimers and I lost my mother-in-law to alzheimers, but that will not
affect my vote on this.
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Planning and Zoning Commission Minutes -June 28, 2010
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 20, 2010 -
Reading and Public Hearing -Resolution R-10-3251
This resolution was not needed.
City of Colleyville Page 9 Printed on 8/4/2010
City Council City Council Minutes July 20, 2010
10. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Muhm moved to adjourn and Councilmember Wollin 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
Mayor Kelly adjourned the meeting at 9:03 p.m.
APPROVED BY A VOTE OF ~ AYES,
ABSTENTIONS ON THIS THE ~3 ~'~ DAY OF
Minutest en and pre a by:
~`~-~- \
~J
Cynthia Singleton, TRMC, C C
City Secretary
O NAYS AND O
,~ ,~ _ 2010.
City of Colleyville Page 10 Printed on 8/4/2010