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HomeMy WebLinkAboutCity Council-Minutes-11/11/2011~.~:_„ l~ ;+ ~% ~,•..~~ City of Colleyville Agenda Clt~/ COUt1C11 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 18, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation on the Vision North Texas Initiative, North Texas 2050 PC-2 Discussion of proposed Cheek-Sparger Road and Jackson Road Intersection Improvements PC-3 Discussion of the coordination of the SH26 and Cotton Belt Trail Phase III Projects PC-4 Discussion of setting a date for a City Council worksession to discuss the City's Capital Improvements Plan (CIP) and infrastructure management PC-5 Discussion of the terms of the Architectural Review Commission PC-6 Presentation of the Monthly Financial Report - September 2011 PC-7 Discussion of the October 18, 2011 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 - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities City of Colleyville Page 1 Printed on 10/13/2011 City Council Agenda October 18, 2011 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 David R. Jung, Crown of Life Lutheran 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-11-3415 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of service on the Zoning Board of Adjustment and Sign Board of Appeals - L. Ed Moore In recognition of the featured Colleyville business - Milwaukee Joe's Gourmet Ice Cream - 33 Main Street, Suite 100, Village at Colleyville - Jennifer and John Hay, owners 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3416 4a Approval of the minutes of the regular City Council meeting of October 5, 2011 4b Approval of the use of the Voluntary Library Fund in Fiscal Year 2012 (FY 2012), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $145,000 4c Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4d Approval to purchase a 3M Intelligent Internal Return and Sorter System from the Alpha Data Corporation through the State of Texas Joint (Cooperative) Purchasing program, in an amount not to exceed $55,677, and authorize the city manager to execute the documents Cify of Colleyville Page 2 Printed on 10/13/2011 City Council Agenda October 18, 2011 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1810 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.0 acres on Lot 4, Block 1, of the Mrs. Eva Paul Subdivision located at 1005 Tinker Road, Case ZC11-018 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1811 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 6b 0-11-1812 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3, of the Heritage High School Addition, located at 5100 State Highway 121, Suite A, Case ZC11-016 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3417 Consideration of appointment to the Tax Increment Finance District Board 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Senior Center Advisory Committee Minutes - July 21, 2011 Planning and Zoning Commission Minutes - September 26, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 18, 2011 - Reading and Public Hearing - Resolution R-11-3418 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 14, 2011, by 5:00 p. m. City of Colleyville Page 3 Printed on 10/13/2011 City Council Agenda October 18, 2011 ~ '~ynthia Singleton, TRMC, CM City SeGretary 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. Cify of Colleyville Page 4 Printed on 10/13/2011 .z `:''~;` ` r ~~~ ~~~;'~ Ti•w~~ City of Colleyville Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 18, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 18, 2011, at 5:33 p.m. ROLL CALL: Councilmembers Stan Hall, Mike Taylor and Mayor Pro Tem Tom Hart, were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Jody Short arrived at 5:43 p.m. PC-1 Councilmember Carol Wollin arrived at 5:46 p.m. Councilmember Michael Muhm was absent. Presentation on the Vision North Texas Initiative, North Texas 2050 Community Development Director Ron Ruthven introduced Ms. Lou Brewer, Health Director for Tarrant County Public Health and Chair of the Vision North Texas (VNT) Health Research Team and a member of the VNT Advisory Board. Ms. Brewer provided an overview of the Vision North Texas Initiative and stated the goal of VNT includes making an important contribution to the future quality of life, economic desirability and long-term sustainability of the 16-county North Central Texas region and increasing public awareness about important regional land use issues that affect air quality, water supply, mobility and other economic and environmental resources and answered questions of the City Council. City of Colleyville Page 1 Printed on 11/11/2011 City Council Minutes October 18, 2011 PC-2 Discussion of proposed Cheek-Sparger Road and Jackson Road Intersection Improvements City Engineer Jeremy Hutt reviewed the results of the Cheek-Sparger Road and Jackson Road public informational meeting held September 15, 2011, and stated the majority of all participating citizens supported the design and construction of a single lane right turn roundabout. Discussion ensued regarding the diameter of the intersection and the distance from vehicle to vehicle entering the circle, traffic calming features, and line of sight across the roundabout. City Manager Jennifer Fadden stated staff will present a recommendation for a contract with a design consultant on a future City Council meeting agenda. PC-3 Discussion of the coordination of the SH26 and Cotton Belt Trail Phase III Projects City Engineer Jeremy Hutt introduced Ricardo Gonzalez, Area Engineer, Texas Department of Transportation, and presented an update of the coordination of the SH26 Phase I and Cotton Belt Trail Phase III projects. Mr. Hutt reviewed the current and alternate designs of the Cotton Belt Trail. Discussion ensued regarding the design and location of the crash railing, separation of the trail from vehicle traffic, curb and gutter sections and landscaping. Mr. Hutt stated access to the Cotton Belt Trail from Longwood Drive would require an opening in the crash rail and a crash attenuator. Mr. Ricardo Gonzalez, Area Engineer, Texas Department of Transportation, provided information regarding the cost related to the relocation of the crash railing, drainage issues and bridge reconstruction. City Engineer Jeremy Hutt stated the cost for the relocation of the crash railing is approximately $280,000, cost for the pedestrian rail is approximately $300,000, and stated the City is also responsible for the add alternates at an approximate cost of $95,000. Discussion ensued regarding the design and cost of the pedestrian and crash railing, thickness and strength of trail surface, curb height and the feasibility, and cost of constructing the trail on the west side of the railroad tracks. City of Colleyville Page 2 Printed on 11/11/2011 City Council Mirrutes October 18, 2011 Discussion continued regarding the potential partnership with the City of Grapevine to share costs of the project. Mr. Gonzalez stated the trail design meets the minimum safety requirements. City Council recommended TxDOT increase the curb height and narrow the bubble area of the center bridge, if possible. PC-4 Discussion of setting a date for a City Council worksession to discuss the City's Capital Improvements Plan (CIP) and infrastructure management City Council determined a worksession will be held December 8, 2011, at 6:00 p.m. to discuss the Capital Improvements Plan (CIP). PC-5 Discussion of the terms of the Architectural Review Commission City Council determined the terms of the Architectural Review Commission will be changed from February to December. PC-6 Presentation of the Monthly Financial Report - September 2011 There was no discussion of this item. PC-7 Discussion of the October 18, 2011 City Council meeting regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 7:15 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 18, 2011 at 7:15 p.m. City of Colleyville Page 3 Printed on 11/11/2011 City Council Minutes October 18, 2011 ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Jody Short, Mike Taylor and Mayor Pro Tem Tom Hart, were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Economic Development Director Marty Wieder, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Michael Muhm was absent. 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 - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz 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 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, Real Estate, 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 7:15 p.m. and reconvened at 7:51 p.m. INVOCATION: Pastor David R. Jung, Crown of Life Lutheran 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-11-3415 City of Colleyville Page 4 Printed on 11/11/2011 City Council Minutes October 18, 2011 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the enhanced recycling program including a 65 gallon wheeled cart begins Monday, October 31, 2011. IESI, the City's waste and recycler provider will deliver the carts to residents October 22 through November 4, 2011. Information regarding the trash pickup and recycling schedule and suitable recycling materials will be included with each cart. Citizens may visit the City's web site at www.colleyville.com for additional information. Mayor Kelly invited citizens to the rescheduled Police and Fire Department softball game on Sunday, October 30, 2011, at 4:00 p.m. at City Park. All proceeds will be donated to the Police and Fire Academy Alumni Associations, which support public safety efforts. Councilmember Taylor expressed appreciation to the citizens for the opportunity to attend the Texas Municipal League Annual Conference in Houston, along with Councilmembers Wollin and Short and Mayor Kelly, to attend educational seminars and accept an award for consolidation of police services for management innovation. Mayor Kelly announced the City won a Management Innovation award for regionalization of public safety communications and jail services with Keller and Southlake. Mayor Kelly recognized Mr. L. Ed Moore for service on the Zoning Board of Adjustment and Sign Board of Appeals. Mayor Kelly recognized Jennifer Hay, owner of Milwaukee Joe's Gourmet Ice Cream store. Ms. Hay invited the public to the shop to enjoy any one of the 24 flavors of ice cream, custards and sorbets and to try the newly created ice cream flavor in honor of the Texas Rangers playing in the World Series. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3416 4a Approval of the minutes of the regular City Council meeting of October 5, 2011 City of Colleyville Page 5 Printed on 11/11/2011 City Council Minutes October 18, 2011 4b Approval of the use of the Voluntary Library Fund in Fiscal Year 2012 (FY 2012), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $145,000 4c Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4d Approval to purchase a 3M Intelligent Internal Return and Sorter System from the Alpha Data Corporation through the State of Texas Joint (Cooperative) Purchasing program, in an amount not to exceed $55,677, and authorize the city manager to execute the documents Mayor Kelly read Resolution R-11-3416 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Library Director Mary Rodne stated the surplus books, audiovisual items, DVDs and CDs are donated to the Friends of the Library to use in the used book sale on November 5, 2011. Since 2003, the Friends of the Colleyville Public Library have donated $176,830 from book sales and other fundraising efforts. Councilmember Wollin stated the purchase of the items listed in Consent agenda item 4b are possible due to citizen donations made to the Colleyville Public Library Fund through the monthly water bill. Councilmember Wollin moved to approve Resolution R-11-3416. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm City of Colleyville Page 6 Printed on 11/11/2011 City Council Minutes October 18, 2011 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1810 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.0 acres on Lot 4, Block 1, of the Mrs. Eva Paul Subdivision located at 1005 Tinker Road, Case ZC11-018 Mayor Kelly read the caption of Ordinance 0-11-1810. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the pub~ic hearing. Councilmember Hall moved to approve Ordinance 0-11-1810. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1811 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres on Tract 3A, Abstract 206 of the B.B.B. and C. RR. Co. Survey located at 5300 Pleasant Run Road, Case ZC11-017 Mayor Kelly read the caption of Ordinance 0-11-1811. Community Development Director Ron Ruthven provided an overview of the request for a zoning change from AG-Agricultural to CC1-Village Retail located at 5300 Pleasant Run Road and stated the property is required to be platted prior to the issuance of building permits, with regard to screening and buffering and being located adjacent to residential properties, the Land Development Code requires a 25 foot building setback, a minimum 8 foot high wood or masonry fence, and a 20 foot wide landscape buffer planted with evergreen shrubs on six foot centers that can grow to a height of 6 feet within two years. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval. City of Colleyville Page 7 Printed on 11/11/2011 City Council Minutes October 18, 2011 Mayor Kelly opened the public hearing. Mr. Johnny Williams, 48 Stonegate Drive, Bedford, Texas, owner, Whitfield-Hall Surveyors, stated the applicant, Mr. Horobec, believes the CC1 zoning provides for the best use of the property. Ms. Shannan West, 812 Central Drive, spoke on behalf of her mother and late father, William West, and spoke in opposition to the proposed ordinance, and regarding commercial businesses in residential neighborhoods, traffic and safety concerns and opportunities for businesses to locate along SH26. Mr. Steve Raufman, 815 Central Drive, spoke in opposition to the proposed ordinance and commercial development plans for the property. Mr. Robert Figueroa, 817 Central Drive, spoke in opposition to the proposed ordinance and regarding property values, security and safety concerns, traffic volume, screening and development of the property. Ms. Beverly Figueroa, 817 Central Drive, did not wish to speak but wants to record opposition to the proposed ordinance. Mr. John Horobec, applicant, spoke regarding the development of the property and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the lot and building configuration, fire lane access, driveway access and a landscape buffer. Mayor Kelly requested the building dimensions and parking lot arrangement. Community Development Director Ruthven stated Commercial Neighborhood (CN) zoning is the lowest, most restrictive commercial zoning category in the City in terms of a straight zoning category. It is designed to be near or within neighborhoods and allows general office use and very few retail uses. It does not allow medical office uses, which generates more traffic. CC1 zoning allows virtually all retail uses in the Land Development Code, with the exception of a few retail uses such as drive through restaurants and big box retail. City Attorney Matthew Boyle stated, in the current zoning case that is before the City Council, it would be within the City Council's prerogative to straight zone this to CN if that is your desire. City of Colleyville , Page 8 Printed on 11/11/2011 City Council Minutes October 18, 2011 Mayor Kelly requested the Fire Marshal visit the old post office building to investigate the possible storage of chemicals. 6b 0-11-1812 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3, of the Heritage High School Addition, located at 5100 State Highway 121, Suite A, Case ZC11-016 Mayor Kelly read the caption of Ordinance 0-11-1812. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for off-premise beer and wine sales located at 5100 State Highway 121 and stated the property satisfies the distance requirements and the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Ruthven stated the applicant said they may not be able to attend the meeting this evening. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City Attorney Matthew Boyle stated the hours can be limited within the context of the Special Use Permit ordinance. Community Development Director Ron Ruthven stated package stores are regulated differently and the state sets the hours of operation and confirmed that any changes to the current operation of the business would revoke the Special Use Permit. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3417 Consideration of appointment to the Tax Increment Finance District Board Mayor Kelly read Resolution R-11-3417 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-11-3417, City of Colleyville Page 9 Printed on 11/11/2011 City Council Minutes October 18, 2011 confirming the appointment of Mark McClendon to the Tax Increment Financing District Board representing Tarrant County College. Mayor Pro Tem Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. James Day, 805 Shelton Drive, expressed appreciation to Ron Ruthven and Jennifer Fadden for addressing a drainage problem on Shelton Drive and spoke regarding water restriction violations. 9. REPORTS: Senior CenterAdvisory Committee Minutes - July 21, 2011 Planning and Zoning Commission Minutes - September 26, 2011 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 18, 2011 - Reading and Public Hearing - Resolution R-11-3418 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councifinember Wollin seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Stan Hall, Jody Short, Tom Hart, Mike Taylor Absent: 1 - Michael Muhm Mayor Kelly adjourned the City Council meeting at 8:45 p.m. City of Colleyville Page 10 Printed on 11/11/2011 City Council Minutes October 18, 2011 APPROVED BY A VOTE OF ~ AYES, NAYS AND ~ ABSTENTIONS ON THIS THE / s~'`' DAY OF 2011. Minute ake and y: ~ ~ ynthia ~ gleton, TRMC, C City Secretary City of Colleyville Page 11 Printed on 11/11/2011