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HomeMy WebLinkAboutCity Council-Minutes-12/8/2010: ~,. ... ~ ~ ~ "t~ ~4w~jt .~:, ; City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.col~eyville.com Tuesday, November 16, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the State of the Grapevine-Colleyville Independent School District, by Dr. Robin Ryan, Superintendent and Dr. Jim Chadwell, Deputy Superintendent PC-2 Presentation of the "Call on Colleyville" web-based citizen response module PC-3 Discussion of amendments to Chapter 14 of the Code of Ordinances regarding animals PC-4 Presentation of the Monthly Financial Report - October 2010 PC-5 Discussion of the November 16, 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 Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City of Colleyville City of Colleyville Page 1 Printed on f 1/12/2010 City Council Agenda November 16, 2010 Section 551.071(2) - Legal - Consultation with attorney regarding status and terms of Franchise Agreement with Oncor Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, 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-10-3288 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation to the Susan G. Komen Foundation for Breast Cancer Awareness - Citizen Fire Academy Presentation of a donation to the Colleyville Public Library in the amount of $72,550 for the Colleyville Public Library Second Floor Expansion Project, by the Colleyville Public Library Foundation - Cecilia Monacelli, President In recognition of the featured Colleyville business - Hobby Town USA, 5611 Colleyville Boulevard, Suite 160, (Town Center) - Brian Howard, owner 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-10-3289 4a Approval of the minutes of the regular City Council meeting of November 3, 2010 City of Colleyville Page 2 Printed on 11/12/2010 City Council ~ Agenda November 16, 2010 4b Approval of a construction contract with Prime Construction Company for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $583,550, and authorize the city manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1779 Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 5b 0-10-1780 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC10-024 5c 0-10-1781 Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 5d 0-10-1782 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-026 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1783 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1, Block 1, of the Tara Addition located at 1101 Cheek-Sparger Road, Suite 107A, Case ZC10-027 6b 0-10-1784 Approval of an amendment to the PUD development conditions for the Village Front Door Addition zoned PUDC-Planned Unit Development Commercial located at 5204 and 5232 Colleyville Boulevard, Case ZC 10-028 6c 0-10-1785 An emerqency ordinance amending Section 1 of Ordinance 0-10-1770 relating to the Fiscal Year 2011 Drainage Utility Fund budget 6d 0-10-1786 Amending Section 1 of Ordinance 0-10-1770 relating to the Fiscal Year 2011 Drainage Utility Fund budget 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 11/12/2010 City Council Agenda November 16, 2010 8. REPORTS: Senior Center Advisory Committee Minutes - July 15, 2010 Planning and Zoning Commission Minutes - October 11, 2010 Planning and Zoning Commission Minutes - October 25, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 16, 2010 - Reading and Public Hearing - Resolution R-10-3290 10. ADJOURNMENT: I hereby certify the above a enda was posted on the bulletin boards at City Hall on November 12, 2010, by 5:00 p.m ~- ~7~J 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 4 Printed on 11/12/2010 , ,,~„ ~~ ~ ~ 7i~~:i~ City of Colleyville City Council Minutes Clt~/ COUIICII City Halt 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 16, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on November 16, 2010, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall and Mike Taylor. Mayor Pro Tem Jon Ayers, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Community Development Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Economic Development Director Marty Wieder, Finance Manager Karen Hines, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Animal Control Officer Michelle Watson, Information Services Manager Chris Pena, City Attorney Matthew Boyle, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Councilmember Tom Hart arrived at 5:45 p.m. Mayor David Kelly was absent. PC-1 Presentation of the State of the Grapevine-Colleyville Independent School District, by Dr. Robin Ryan, Superintendent and Dr. Jim Chadwell, Deputy Superintendent Dr. Robin Ryan, Superintendent, Grapevine-Colleyville Independent School District (GCISD) presented the State of the GCISD message. Discussion ensued regarding student statistics, accountability ratings, budget challenges, GCISD tax rate history and long-range plan for preparing students for the future and addressing the district's financial issues. Councilmember Hart requested Dr. Ryan return periodically to provide a school district update. PC-2 Presentation of the "Call on Colleyville" web-based citizen response module City of Colleyville Page 1 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Information Systems Manager Chris Pena provided information about "Call on Colleyville", demonstrated the web-based citizen response module and answered questions of the City Council. Councilmember Wollin commended staff for the timely response to an issue submitted through the "Call on Colleyville" module. Mr. Pena provided information regarding access to "Call on Colleyville" through the Go Request phone application. PC-3 Discussion of amendments to Chapter 14 of the Code of Ordinances regarding animals Police Chief Steve Dye outlined the proposed amendments to Chapter 14 of the Code of Ordinances regarding animals and answered questions of the City Council. Discussion ensued regarding the amount and criteria for dog and cat registration fees. Animal Control Officer Michelle Watson provided information regarding the process for handling injured animals. Discussion continued regarding the decreased crime rate in the City. PC-4 Presentation of the Monthly Financial Report - October 2010 Finance Manager Karen Hines presented the October 2010 Monthly Financial Report and answered questions of the City Council. Discussion ensued regarding the increase in ambulance fees and the volume of bookings at the Colleyville Center. PC-5 Discussion of the November 16, 2010 City Council meeting regular agenda items Assistant City Manager and Chief Financial Officer Terry Leake stated $750,000 was allocated for the Library Second Floor Expansion Project with $575,000 from the Colleyville Economic Development Corporation (CEDC) and a$175,000 contribution from the Colleyville Public Library Foundation. Ms. Leake outlined the project financials, stated a teen room and stair rail were added to the project and the teen room will have limited furnishings due to budget constraints. Ms. Leake stated if the project contingency fund of $53,050 is not used, that is a potential funding source for furnishing the teen room. City of Colleyville Page 2 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Discussion ensued regarding options to furnish the teen room. 1. 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 Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.071(2) - Legal - Consultation with attorney regarding status and terms of Franchise Agreement with Oncor Section 551.072 - Real Estate - Deliberate the' purchase, exchange, lease, or value of real property for City facilities Mayor Pro Tem Ayers adjourned the Pre Council meeting at 6:50 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers, November 16, 2010 at 6:50 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor. Mayor Pro Tem Jon Ayers, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Community Development Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Economic Development Director Marty Wieder, Finance Manager Karen Hines, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Animal Control Officer Michelle Watson, Information Services Manager Chris Pena, City Attorney Matthew Boyle, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor David Kelly was absent. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 3 Printed on 1 Z/8/2010 City Council City Council Minutes November 16, 2010 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 Mayor Pro Tem Ayers 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 6:51 p.m. and reconvened at 7:35 p.m. INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3288 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to attend the Holly Colley Holiday event Friday, December 3, 2010, 4:00 to 9:00 p.m. in the Village at Colleyville and enjoy a tree lighting, visits with Santa, a holiday shopping bazaar, midway games, arts and crafts, a cake walk and musical performances. The Colleyville Lions Club will host Breakfast with Santa on Saturday, December 4, 2010, 7:00 to 11:00 a.m., at the Colleyville Center. Councilmember Wollin encouraged citizens to attend the Colleyville Woman's Club Annual Holiday Home Tour on Sunday, December 5, 2010, 11:00 a.m. to 5:00 p.m., and stated additional information is available at http://www.c-w-c.org/. Councilmember Taylor stated Lions Club members purchase tickets for the Breakfast with Santa event and donate the tickets to charities and to those that would like to attend the event. If you know someone who would like to attend, additional infomation is available at the Colleyville Lions Club web site at www.colleyvillelions.com. Ms. Bo Bottger, Vice President; Mr. Mark Johnson, President, Ms. Rosely Altschel, Secretary and Mr. Gary Jenkins, Treasurer of the Citizen's Fire Academy, presented a check, in the amount of $1,634, to City of Colleyville Page 4 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Ms. Jennifer Wersal representing the Susan G. Komen Foundation for Breast Cancer Awareness. Ms. Wersal expressed appreciation to the Citizen's Fire Academy for supporting the efforts of the Susan G. Komen Foundation. Ms. Cecelia Monacelli, President, and Ms. Pat Jones, Board member of the Colleyville Public Library Foundation, presented a check, in the amount of $72,550, to the Colleyville Public~ Library, for the Library's second floor expansion and reorganization of the first floor project and expressed appreciation to Assistant City Manager and Chief Financial Officer Terry Leake for assistance with the process. Library Director Mary Rodne expressed appreciation to the Colleyville Public Library Foundation for their support and stated the Library is able to offer many programs and services as a result of the Foundation's support. Mayor Pro Tem Ayers and Economic Development Director Marty Wieder recognized Mr. Brian Howard, owner, Hobby Town USA store. Mr. Howard expressed appreciation to the City for the recognition and support of Hobby Town USA and spoke regarding the store's involvement with community schools and youth groups. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-10-3289 4a Approval of the minutes of the regular City Council meeting of November 3, 2010 4b Approval of a construction contract with Prime Construction Company for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $583,550, and authorize the city manager to execute the contract Mayor Pro Tem Ayers read Resolution R-10-3289 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Resolution R-10-3289. Councilmember Wollin seconded the motion. City of Colleyville Page 5 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 The motion carried by the following vote: Aye: 6- Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - David Kelly 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1779 Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 Mayor Pro Tem Ayers read the caption of Ordinance 0-10-1779. Community Development Director Ron Ruthven stated the City Council, during the first reading of the ordinance, requested the City Attorney add language to the proposed ordinance requiring the City Council to approve the pipeline route that will service the pad site prior to the approval of the administrative gas well permit. Mayor Pro Tem Ayers opened the public hearing. Mr. Chris Hammack, Titan Operation, 111 West Fourth Street, Fort Worth, Texas, applicant, stated representatives of Titan Operating, LLC and the corporate attorney are available to answer questions of the City Council. Mr. Dean Davis, 6316 Pleasant Run Road, spoke in support of the proposed ordinance and regarding the history and safety of gas drilling. Ms. Alisa Livingstone, 4207 Live Oak, Dallas, Texas, spoke in opposition to the proposed ordinance and regarding the fracturing process. Mr. Marc McCord, 7660 La Bolsa Drive, Dallas, Texas, spoke in opposition to the proposed ordinance and regarding the hydraulic fracing process, water shortage and contaminants associated with the hydraulic fracturing process. Mr. Lonell Peterson, 700 Suellen Circle, spoke in support of the proposed ordinance. Mr. Fred Rice, 6103 Hunter Lane, spoke in support of the proposed ordinance. City of Colleyville Page 6 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Mr. James Draper, 7300 John McCain Road, spoke in support of the proposed ordinance. Mr. Roger Davis, 7203 Monticello Parkway, expressed appreciation to the City Council for their service and spoke in opposition to the proposed ordinance and regarding the location of the pipeline. Ms. Jane East, 7203 Monticello Parkway, spoke in opposition to the proposed ordinance and regarding the location of the pipeline. Mr. Matt Cleaves, 909 Parkview Lane, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding safety concerns related to drilling. Mr. Raymond Mitchell, 508 Frontier Court, expressed appreciation to the City Council for their service and spoke in support of the proposed ordinance and the actions taken by Titan Operating to minimize risks. Mr. Bryant Thomason, 7208 Pleasant Run Road, spoke in support of the proposed ordinance and regarding the need for the United States to be free of foreign oil and gas. Ms. Karen McPherson, 5209 Bluebonnet, spoke in opposition to the proposed ordinance and regarding the integrity of Titan Operating and the location of pipelines. Ms. Mary Shipferling, 4300 Pembrooke Parkway, spoke in support of the proposed ordinance and the conditions and benefits of urban drilling in Arlington, Texas. Mr. Robert Jackson, 300 John McCain Road, spoke in opposition to the proposed ordinance and regarding the effect of drilling on the quality of life. Mr. Sean Bryan, 7506 John McCain Road, spoke in support of the proposed ordinance and regarding the reputation and actions of Titan Operating. Ms. Connie Hampton, 5804 Pleasant Run Road, spoke in support of the proposed ordinance and the benefits drilling provides the community. Ms. Melissa Lindlow, 500 Main Street, Fort Worth, Texas, attorney representing Titan Operating, stated Titan supports the proposed ordinance and spoke regarding the authority of the City to regulate the location of pipelines. Mr. Kenneth Frasier, 501 Sagebrush, spoke in support of the proposed City of Colleyville Page 7 Printed on 1 Z/8/2010 City Council City Council Minutes November 16, 2010 ordinance and regarding the safety of the drilling process. Mr. Keith Staudt, 7208 Belle Meade, representing the Pebble Hill Homeowner's Association, spoke in support of the proposed ordinance and regarding the compatibility of homes and industrial sites. Mr. James Day, 805 Shelton Drive, spoke in support of the proposed ordinance and regarding the safeguards taken to protect citizens related to drilling. Ms. Beth Adams, 165 Creekway Bend, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding health and safety concerns related to drilling. Mr. David Adams, 165 Creekway Bend, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding safety and health concerns relating to drilling. Mr. Jay Lowe, 7500 Monroe Court, spoke in opposition to the proposed ordinance and regarding the effect of drilling on the landscape and health and safety concerns related to drilling. Ms. Dana Thompson, 7501 Pembrooke Court, spoke in opposition to the proposed ordinance. Mr. Grady Walker, 7309 John McCain Road, spoke in support of the proposed ordinance and regarding the benefits of drilling to the community and citizens. Mr. Don Bendmure, 6117 Waller Lane, spoke in support of the proposed ordinance and regarding the history of drilling and the safe conditions and procedures for drilling. Mr. Wayne Quenichet, 5005 Oak Timbers Court, spoke in support of the proposed ordinance and regarding Titan operations. Ms. Karen Wilson,100 South Timberline, spoke in opposition to the proposed ordinance. Mr. David Rea, 1640 Bent Creek Southlake, Texas, spoke in opposition to the proposed ordinance and regarding the location of pipelines, impact to property values and variances requested by Titan Operating. Mr. Chris Monroe, 1500 South White Chapel Boulevard, Southlake, Texas, spoke in opposition to the proposed ordinance and regarding the location of the pipelines and health and safety concerns related to drilling. City of Colleyville Page 8 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Mr. Coalby Brown, 801 John McCain Road, spoke in support of the proposed ordinance and regarding water usage for the drilling process. Mr. Rick Wollin, 4600 Dartmoore Lane, stated for the record that he is married to Councilmember Carol Wollin and is only speaking on his behalf. Mr. Wollin spoke in support of the proposed ordinance and regarding the safeguards in place during the drilling process, air and water quality testing, water usage during the fracturing process and noise standards. Mayor Pro Tem Ayers stated the following citizens did not wish to speak but wished to record support of the proposed ordinance: C.L. Madden, Gary Davis, Anton Spaeth, Louis Miller, John Perkins, Mickey Harris, Randy Draper, Billy and Sandra Justiss, Vangie Peterson, Carol Gaston, John Gaston, Lynne McKeown, Kenneth McKeown, Carolyn Mitchell, Polly Darling, Norman Arkoos, Henry Wells, John Brunken, Susan and Larry Austin, Ronald Sullivan, James and Patti Jo Jones, Troy Dill, David Livingstone, Eldon Surely, Claire Lopez, David Dixon, Lawrence Samartin, Lucille Samartin, Jack Davidson, Moira Brunken, Darrel "Keith" Baldwin, Aric Head, Sylvia Lindenauer, Marc Lindenauer, Margaret Yoes, Jennifer Spidle, Lansing Brown, Bill and Mary Goodman, Neal Ostman, Anne and Jim Terry, Joe Spurlock, Patte Wells, Arnold Wells, Gary Bedwell, Karen Bryan, Nancy Shepherd, Wesley and Carol Eaves, Evelyn McLain, Saira Dost, Jimmy and Virginia Eaves, Zerena Walker, Beth and Brandon Battles, Michael Abeyta, Rob Rutherford, Teresa Rutherford, John Fegan, Ronnie Mason, Tracie Denson, AI Denson, Robert McGregor, Mary Ann Davis, Joe and Penny Hall, John Bennett, Bill Lafavor, Wanda Bennett, and Mr. Zim. Mayor Pro Tem Ayers stated the following citizens did not wish to speak but wished to record opposition to the proposed ordinance: ~ Khanh T Le, Tuong-Khanh Vu, Thi T.N. Le, Dr. Thian Vu, Sally Wilcox, Peter Wilson, Bill Adams, Valerie Adams, Christine Glaser, Dorothy Quirin, Donald Quirin, Michelle Nelson, Elaine Gathy, Julianna Garrison, Daniel Garrison, Rhonda Cleaves, Anahide Modarress, Michael Fitzpatrick, Stuart Johnson, Carol Johnson, Rebecca Davis, Kim Walton, Phil Thompson, Kip Ewing and Nancy Farrar. There were no others wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Community Development Director Ron Ruthven confirmed the updated provisions of Chapter 3.1 are included in the proposed ordinance; open flaring is prohibited; a transfer entity is prohibited; an emergency operation plan is required to be submitted by the applicant; pre drilling ambient and periodic air quality testing will be performed; a specific materials data sheet is required at the permitting phase; a separate City of Colleyville Page 9 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 pipeline plan must be submitted for approval by the City Council prior to construction of any pipelines; and, the term of the Special Use Permit is five years. Councilmember Hall commended staff for developing a comprehensive ordinance and Titan Operating, LLC, has agreed to the requirements of the proposed ordinance. Councilmember Muhm asked the City Attorney for an opinion regarding the statements made by the attorney representing Titan Operating, LLC about the pipeline issue. City Attorney Matthew Boyle stated the City Council adopted a new Section 3.1 at the last Council meeting, included therein a Section 3.1-187, which includes a plethora of the pipeline permitting procedures and Council for at least one of the pipeline companies, at the last City Council meeting asserted a number of objections to those provisions including the general claim that they are flatout preempted. We disagreed two weeks ago; we disagree with them tonight; we disagree with them as a fundamental premise of the City's perogative as a Home Rule municipality and, in addition to that, based on the current precedent on the Grand Prairie-Pipeline case, as a result of that, on at least this occasion on that exact point, I would agree with Ms. Lindelow with regard to the City's perogative on the regulation of placement of the gas pipelines within the City. Discussion ensued regarding the term of the Special Use Permit. Community Development Director Ruthven confirmed that a state or federal law preempts a local law depending on how it is worded. If it takes effect immediately then the state or federal laws would preempt the local regulations. Community Development Director Ruthven confirmed there will be no drilling during the construction phase of the roundabout at Pleasant Run Road and John McCain Road and language will be added to the proposed ordinance requiring state of the art equipment for determining equipment leakage. Discussion ensued regarding the applications of vapor recovery units, the timeframe for drilling wells and the use of and need for diesel generators. Fire Chief Russell Shelley confirmed the Fire Department is prepared to work with Titan Operating, LLC, and integrate the City's response procedures with the plans Titan has in place. City of Colleyville Page 10 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Discussion continued regarding the environmental rating and sound abatement properties of the diesel generators. Mayor Pro Tem Ayers proposed that the new provision 9, drafted by the City Attorney, be included in the proposed ordinance, that 3f include language, which stipulates the use of state of the art equipment, the waivers requested by Titan do not need to be considered except for the setback issue and the proposed ordinance should be part of this as far as the requirements that are going to be placed on this particular pad site. Mayor Pro Tem Ayers moved to approve 0-10-1779. Councilmember Muhm seconded the motion. City Attorney Boyle stated in order to minimize airborne emissions of volatile organic compounds (VOC) pending the recommendation of the expert reference in subsection B, all storage tanks utilized for production may be required to be equipped with an approved vapor recovery unit (VRU). The motion carried by the following vote: Aye: 6- Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - David Kelly 5b 0-10-1780 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC10-024 Mayor Pro Tem Ayers read the caption of Ordinance 0-10-1780. Community Development Director Ron Ruthven stated representatives for the applicant have not provided the final drawings of landscaping plans or upgraded building elevations. Mayor Pro Tem Ayers opened the public hearing. Mr. Scott Renfrey, 8 Bluff Park, Dallas, Texas, General Partner, Colleyville Crossing, provided information regarding the history and development of the Colleyville Crossing retail center, outlined improvements made to the center and requested City economic development incentives for construction of a sign and articulation and a waiver for all fees associated with the development of the project. City of Colleyville Page 11 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Mr. George Coleman, 16402 Emerald Drive, spoke in opposition to the proposed ordinance and regarding a letter from Grapevine-Colleyville Independent School District Principal at Bransford Elementary and the Executive Director for Administration. Ms. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to the proposed ordinance and regarding Texas Alcoholic Beverage Commission violations against Goody Goody's Liquor Store, delivery truck route and proximity of package store to schools. Mayor Pro Tem Ayers stated the following citizen did not wish to speak but wished to record support for the proposed ordinance: Bill Lafaver There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the retail center landscaping and articulation. Mr. Weldon Roberts, 3937 Hemlock, Fort Worth, Texas, representing Ace Hardware Store, spoke regarding the clientele and the benefit of the proposed package store to the hardware store business. Discussion continued regarding the retail center landscaping plan, interior and exterior building design, sign content and the incentives requested by the applicant. Councilmember Muhm moved to approve 0-10-1780, with the landscaping plan as discussed with staff. Councilmember Hart seconded the motion. Community Development Director Ruthven clarified the landscaping plans as no landscaping is required for the parking lot islands directly in front of the entrances for the proposed package store and Vineyard Antique Mall lease spaces. Community Development Director Ruthven confirmed that Section 4.1c needs to be modified to reflect the location of the islands and a temporary Certificate of Occupancy will be issued to provide for seasonal landscaping. City of Colleyville Page 12 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 The motion carried by the following vote: Aye: 5- Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 - Stan Hall Absent: 1 - David Kelly 5c 0-10-1781 Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 Mayor Pro Tem Ayers read the caption of Ordinance 0-10-1781. Community Development Director Ron Ruthven stated the pictures requested by City Council are included in the briefing. Mayor Pro Tem Ayers opened the public hearing. Mr. Matt Russell, 1211 Murphy Road, applicant, spoke regarding the number of students and the floorplan of the school and residence. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the suitability of using a home as a school and the volume of traffic around the home. Councilmember Muhm moved to deny Ordinance 0-10-1781. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4- Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Nay: 2- Jon Ayers, Tom Hart Absent: 1 - David Kelly 5d 0-10-1782 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-026 Mayor Pro Tem Ayers read the caption of Ordinance 0-10-1782. Mayor Pro Tem Ayers opened the public hearing. City of Colleyville Page 13 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Mr. Ken Baca, 105 YMCA Drive, Waxahachie, Texas, spoke regarding the building design criteria, landscaping plan, changing the name to Tri City Spirits and community support of the project. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the number of Colleyville residents supporting the project and the building design score. Councilmember Hart moved to approve 0-10-1782. Councilmember Wollin seconded the motion, with a friendly amendment to change Section 4.1 c to reflect the name change to Tri City Spirits. Councilmember Hart accepted the friendly amendment. The motion carried by the following vote: Aye: 6- Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - David Kelly 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1783 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 1, Block 1, of the Tara Addition located at 1101 Cheek-Sparger Road, Suite 107A, Case ZC10-027 Mayor Pro Tem Ayers read the caption of Ordiance 0-10-1783. Community Development Director Ron Ruthven provided a history of the property and reviewed parking requirements, landscaping requirements, building design score and signage. Mayor Pro Tem Ayers opened the public hearing. Mr. Josh Pauls, 1117 Woodhill Drive, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding distance requirements for package stores from schools. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. City of Colleyville Page 14 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 Mr. Russell Carr, 4812 Park Bend Drive, Fort Worth, Texas, applicant, provided a history of business practices and previous businesses in the same location. Discussion ensued regarding the building design score and the removal of signs on abandoned businesses. 6b 0-10-1784 Approval of an amendment to the PUD development conditions for the Village Front Door Addition zoned PUDC-Planned Unit Development Commercial located at 5204 and 5232 Colleyville Boulevard, Case ZC10-028 Mayor Pro Tem Ayers read the caption of Ordiance 0-10-1784. Community Development Director Ron Ruthven provided a background of the current ordinance and stated the applicant wishes to remove Section 4(3)d, under the permitted uses section, which requires "not less than 50 percent of the first floor shall contain uses that are eligible for retail sales tax and reported the applicant has a medical group interested in leasing the first floor of the property. Mr. Ruthven further stated the request is not consistent with the Colleyville Master Plan and staff is recommending denial. The Planning and Zoning Commission recommended approval with the conditions of the proposed ordinance, that building (C) be required to contain 100 percent sales tax generating uses. Mayor Pro Tem Ayers opened the public hearing. Mr. Jimmie Archie, 74 Casa Lane, applicant, spoke regarding leasing opportunities within the Village at Colleyville and the benefit of leasing the space to the medical family practice group. Ms. Tiffany Etheridge, 5408 Colleyville Boulevard and Dr. Michael Bell, 5408 Colleyville Boulevard, spoke in support of the proposed ordinance and regarding the desire to move into the first floor of Building (D). Mayor Pro Tem Ayers stated the following citizens wish to record support of the proposed ordinance: Ty Bush, Marilyn Justice and Lorrie Hayes. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. The City Council unanimously agreed to continue the meeting after midnight. Discussion ensued regarding the number of employees, customer base for the medical family practice group, potential expansion of the medical City of Colleyville Page 15 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 practice business, target date for occupying space and retail opportunities for Building (C). 6c 0-10-1785 An emerqency ordinance amending Section 1 of Ordinance 0-10-1770 relating to the Fiscal Year 2011 Drainage Utility Fund budget Mayor Pro Tem Ayers read the caption of Ordinance 0-10-1785. Assistant City Manager and Chief Financial Officer Terry Leake stated the Oak Knoll Drive low water crossing that crosses Oak Knoll Creek was damaged due to recent storm events which caused undermining and collapse of a section of the existing concrete paving. The existing corrugated metal pipe culverts were installed over 30 years and have deteriorated to a point beyond repair and must be replaced. The deterioration of the metal pipe in the existing culverts has caused washing out of the subgrade, which then results in unsupported pavement. The roadway is currently unusable for two lanes of vehicular traffic, with the sourthern lane closed and barricades in place limiting vehicular access to the northern lane. It is proposed the the system be constructed by City personnel for cost savings and timely completion of the project. The proposed emergency ordinance provides for the replacement system. As the cost for the project was not included in the Fiscal Year 2011 (FY 2011) Drainage Utility Fund budget, it will be necessary to amend the budget to included the $60,000 cost of the replacement drainage system. Ms. Leake further stated that Section 3.12 of the City Charter permits the adoption of an emergency ordinance. Additionally, the next item on the agenda is a regular ordinance that amends Section 1 of the ordinance that adopted the Fiscal Year 2011 budget and the Charter states that every ordinance so adopted shall automatically stand repealed as the 61 st day following the day for which it became effective. Staff is proposing the adoption of the emergency ordinance that would allow the repairs to begin, but so that the amendment would stand, that the subsequent item would be adopted with the two regular readings of the ordinance. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-10-1785. Councilmember Wollin seconded the motion. City of Colleyville Page 16 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 The motion carried by the following vote: Aye: 6- Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - David Kelly 6d 0-10-1786 Amending Section 1 of Ordinance 0-10-1770 relating to the Fiscal Year 2011 Drainage Utility Fund budget Mayor Pro Tem Ayers read the caption of Ordiance 0-10-1786. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes - July 15, 2010 Planning and Zoning Commission Minutes - October 11, 2010 Planning and Zoning Commission Minutes - October 25, 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 NOVEMBER 16, 2010 - Reading and Public Hearing - Resolution R-10-3290 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and Councilmember Wollin seconded the motion. City of Colleyville Page 17 Printed on 12/8/2010 City Council City Council Minutes November 16, 2010 The motion carried by the following vote: Aye: 6- Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - David Kelly Mayor Pro Tem Ayers adjourned the meeting at 12:22 a.m. APPROVED BY A VOTE OF / AYES, O NAYS AND O ABSTENTIONS ON THIS THE ~ DAY OF 2010. Minutes t and prep . . `J i Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 18 Printed on 12/8/2010