Loading...
HomeMy WebLinkAboutCity Council-Minutes-4/11/2012 (2)~`~ City of Colleyville City Hall ~C~LLE~'VILLE Clty CQUnCI~ 100 Main Street 3,~~° '" ' ~ ~ ' Colleyville, Texas 76034 a,~~. r. ~. ~ ~ ~, A9Qnda 817. 503.1000 www.colleyville.com Wednesday, April 11, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation of Gas and Electric Rates in Texas PC-2 Proposed revisions to the City of Colleyville Water Conservation and Drought Contingency Plan PC-3 Northeast Trunked Radio Consortium update PC-4 Discussion of the April 11, 2012, City Council 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 - Consultation with attorney regarding Land Development Code and Rules of Procedure 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. CITY COUNCIL CHAMBERS INVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council A enda April 11, 2012 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 12-3480 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 Child Abuse Prevention Month - Julie Evans, Associate Executive Director, Alliance For Children Proclamation in recognition of Keep America Beautiful, Keep Colleyville Beautiful, Great American Cleanup and Arbor Day in Colleyville - Icie Berkman, Chairman, Colleyville Spring Clean Sweep, Keep Colleyville Beautiful, Monica Walsh, Parks and Recreation Director 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3481 4a Approval of the minutes of the regular City Council meeting of March 20, 2012 4b Approval of an interlocal agreement with Tarrant County for the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail, and authorize the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1829 Approval to declare unopposed candidates in the May 12, 2012, General Election elected to office and canceling the election Sb Ordinance 0-12-1830 Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1831 Approval of a request for rezoning from CC3-Highway Commercial to CC2- Shopping Center on Lot 3R, Block 1, of the Andy Felps Addition, located at 3919 Colleyville Boulevard, Case ZC12-009 City Council Agenda April 11, 2012 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3482 Approval of amendments to the City Developer Agreement for the Covington Addition located in the 800 block of L.D. Lockett Road, Case GC12-001 7b Resolution R-12-3483 Approval to replace Resolution R-10-3259 changing the structure and membership of the Colleyville Events Steering Committee 7c Resolution R-12-3484 Consideration of appointments to the Colleyville Events Steering Committee 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 11, 2012, - Reading and Public Hearing - Resolution R-12-3485 10. AD~OURNMENT I hereby cer "fy this a a was posted on City Hall bulletin boards April 5, 2012, by 5:00 p, m. ' ~ nthia ~ gleton, 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. ~`~ `~ ° x Cit of Colle ville i'"~ y y City Hall COLLEYVILLE Clty CQUnCI~ 100 Main Street ~ Colleyville, Texas 76034 ~~~ r~ x~~ M ~ h(,~te$ 817. 503.1000 www.colleyville.com Wednesday, April 11, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on Wednesday, April 11, 2012, at 5:36 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Human Resources Manager Michelle Reyes, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. PC-1 Presentation of Gas and Electric Rates in Texas ~ity Attorney Cathy Cunningham presented an overview of gas and electric regulatory issues in Texas and a summary of Atmos Cities Steering Committee and the Steering Committee of Cities Served by Oncor efforts on behalf of the member cities. Discussion ensued regarding gas and electric utility rate filings and increased costs for consumers. Mr. Gary Smith, Director, Rates and Regulatory Affairs, Atmos Energy Corporation, spoke regarding the structure and increase of consumption and customer charges, cost of distribution, the annual rate review mechanism process and rate increases. Discussion continued regarding factors that drive the cost of utilities and the Gas Reliability Infrastructure Program (GRIP). Mr. Steve Ragland, Vice President, Regulatory, Oncor Electric Delivery, spoke regarding the structure of the company, operating costs, and market rates. There was general discussion regarding the Oncor tree trimming process in the City. City Attorney Cunningham spoke regarding potential legislative changes that may affect the ability of cities to protect citizens related to utility rates. ~iscussion ensued regarding the conditions of the franchise agreement. ,. , ~ ,,n ~ ~ ~ ~ ~ City Council Minutes - Draft April 11, 2012 PC-2 Proposed revisions to the City of Colleyville Water Conservation and Drought Contingency Plan Public Works Director Bob Lowry presented the proposed revisions to the City of Colleyville Water Conservation and Drought Contingency Plan and stated clarifications have been made regarding properties with large, multi-station irrigation systems and maintenance of irrigation systems and swimming pools. Discussion ensued regarding the distribution of signs to citizens who qualified for variances or exemptions to the Plan, watering and irrigation schedules, public education and notification regarding water conservation measures, and enforcement process for violations of the Plan. PC-3 Northeast Trunked Radio Consortium update Police Chief Mike Holder presented information regarding the current Motorola trunked radio system used for public safety and public works radio communications, which is outdated technology and for which replacement parts will soon be unavailable. The system is jointly owned by the Northeast Trunked Radio Consortium (NETCO), which includes the area cities of Bedford, Colleyville, Euless, Grapevine, Keller/Westlake and Southlake. NETCO has determined the Motorola 800 MHZ trunked radio system should be replaced with a system that will be compliant with the Federal Communications Commission digital standard for all trunked public safety radio systems. Chief Holder `r"urther stated the pricing is significantly discounted and each NETCO city will be responsible for one-sixth of the discounted base radios and related tower equipment cost. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the proposed financing of the trunked radio system. Discussion ensued regarding the system implementation timeline and financing options. Police Chief Holder expressed appreciation to Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, and Battalion Chief Kirt Mays, for their expertise and contributions to this project. PC-4 Discussion of the April 11, 2012, City Council regular agenda items Community Development Director Ron Ruthven stated, regarding regular agenda item 7a, the applicant is requesting to remove a specific section, of the City/Developer Agreement for Covington Addition, related to required sidewalk construction and vacate the existing 20 foot private pedestrian access and private utility easement located behind Lots 7, 8, 9x, 10, il, and 12, Block B, so the applicant can construct a fence all the way to the rear property lines. City Council Minutes - Draft April 11, 2012 Mayor Kelly stated the Pre Council meeting will reconvene after the regular City Council meeting for items PC-2 and PC-3. 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 Kelly at 7:08 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager )ennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Public Works Director Bob Lowry, City Engineer ]eremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Human Resources Manager Michelle Reyes, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Cathy Cunningham, 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 - Consultation with attorney regarding Land Development Code and Rules of Procedure 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 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 there would be no decisions made or action taken during this time. The meeting was recessed at 7:09 p.m. and reconvened at 7:49 p.m. INVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham City Council Minutes - Draft April 11, 2012 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 12-3480 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 invited citizens to the annual Colleyville Old Tyme Bar-B-Que, which benefits Special Olympics, on Friday, April 27 and Saturday, April 28, 2012, at the Colleyville Center, 5301 Riverwalk Drive. The event begins Friday at 6:00 p.m. with a free fish fry, activities for children and a free concert featuring the Preston Scott Band and the Texas Cartel at 7:30 p.m. Mayor Kelly stated the serious business of Texas barbecue begins Saturday with the cooking competition and visitors can enjoy plates of Texas Q for $7.00. Students between the ages of 8 and 14 may compete for the title of Best Kids-Q Chef on Saturday, at 2:00 p.m., for a$5.00 entry fee and grills and chicken will be provided for barbecuing. Councilmember Muhm invited the public to the opening of Phase II of the Cotton Belt Trail, connecting Colleyville to Hurst and North Richland Hills. The City will host a ribbon- ~utting ceremony for the new trail on Thursday, April 19, at 4:30 p.m. The ceremony will be held on the Cotton Belt Trail near L.D. Lockett Park. Councilmember Muhm commended Parks and Recreation Director Monica Walsh for the completion of the successful trail project. Mayor Kelly presented a Proclamation, in recognition of Child Abuse Prevention Month, to Nancy Hagan, Executive Director, Alliance For Children. Ms. Hagan expressed appreciation to the City Council, citizens, and staff for the recognition and support of efforts to prevent child abuse. Mayor Kelly presented a Proclamation in recognition of Keep America Beautiful, Keep Colleyville Beautiful, Great American Cleanup and Arbor Day in Colleyville to Icie Berkman, Chairman, Colleyville Spring Clean Sweep, Keep Colleyville Beautiful and member Elsie Gunter. Ms. Berkman invited citizens to participate in the Spring Clean Sweep event on Saturday, April 14, 2012, 9:00 a.m. at McPherson Park and stated the Crud Cruiser will be at Heritage High School from 9:00 to 11:00 a.m., and lunch will be served at McPherson Park at noon for the volunteers. -~Is. Gunter invited citizens to participate in the event and expressed appreciation to the City Council for support of the event and to IESI for providing the Crud Cruiser. , a ~~ , ~~ ~,, City Council Minutes - Draft April 11, 2012 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3481 4a Approval of the minutes of the regular City Council meeting of March 20, 2012 4b Approval of an interlocal agreement with Tarrant County for the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-12-3481 in its entirety. City Engineer Jeremy Hutt stated the City of Colleyville proposes to partner with Tarrant County in Fiscal Year 2012 (FY 2012) to perform the rehabilitation of Jackson Road, from Cheek-Sparger Road to Sherwood Lane South, and Bandit Trail, from the Colleyville City Limit to the intersection with Overland Trail. The City has previously worked with Tarrant County on similar roadway rehabilitation projects, and each project was completed at a considerable cost savings to the City. The County will provide the labor and equipment necessary to reconstruct the roadway, and the City is responsible for the cost associated with materials, construction materials testing, traffic control, and dump fees at an offsite landfill facility for waste materials, generated during the project. The street improvements will include reclamation of the existing roadbed materials, stabilization of the road base with slurry cement, regrade and placement of a 4-inch asphalt surface. Mr. Hutt further stated the City will follow the standard process of providing traffic ~ontrol during the reconstruction, which will allow at least one lane of traffic to be open at all times, and answered questions of the City Council. Mayor Kelly expressed appreciation to County Judge Glen Whitley and County Commissioner Gary Fickes for partnering with the City to share resources. 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-12-3481. Councilmember Taylor seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council Minutes - Draft April 11, 2012 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING ~a Ordinance 0-12-1829 Approval to declare unopposed candidates in the May 12, 2012, General Election elected to office and canceling the election Mayor Kelly read the caption of Ordinance 0-12-1829. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor expressed appreciation to the citizens for supporting the City Council, the opportunity to serve another term as a Councilmember and stated it has been a tremendous honor for me and my family to serve the citizens of Colleyville. Councilmember Hall moved to approve Ordinance 0-12-1829. Councilmember Wollin seconded the motion. Mayor Pro Tem Hart expressed appreciation to the citizens for their support. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5b Ordinance 0-12-1830 Approval of a request to rezone 1.1 acres on Tract 2B8, Abstract 439 of the C.C. Doss Survey from AG-Agricultural to R20-Single Family Residential located at 5009 Pool Road, Case ZC12-006 Mayor Kelly read the caption of Ordinance 0-12-1830. Community Development Director Ron Ruthven presented a slide showing a birds eye view, looking up Pool Road, of all the lots that are single family and have sole frontage on Pool Road with the setback from the road and the size of the lot. Mayor Kelly opened the public hearing. Cami and Bret Stewart, 5009 Pool Road, applicants, were present to answer questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public ~~earing. City Council Minutes - Draft April 11, 2012 Discussion ensued regarding the setback requirements. Mr. Stewart advised City Council the rezoning is no longer necessary. Councilmember Muhm moved to deny Ordinance 0-12-1831 Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1831 Approval of a request for rezoning from CC3-Highway Commercial to CC2- Shopping Center on Lot 3R, Block 1, of the Andy Felps Addition, located at 3919 Colleyville Boulevard, Case ZC12-009 Mayor Kelly read the caption of Ordinance 0-12-1831. Community Development Director Ron Ruthven provided an overview of the rezoning request from CC3-Highway Commercial to CC2-Shopping Center, located at 3919 :olleyville Boulevard, and stated the rezoning will allow for additional uses and the Planning and Zoning Commission recommended approval. Mr. Ruthven further stated the proposed zoning change request complies with the future land use designations of the Colleyville Master Plan. Mayor Kelly opened the public hearing. Mr. Robert Grunnah, Dallas, Texas, applicant, spoke regarding the history of the building use, and stated there are several individuals interested in leasing a space in the building but the current zoning prevents the use of the building for the business. Discussion ensued regarding parking requirements and available parking spaces and the building score. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3482 Approval of amendments to the City Developer Agreement for the Covington Addition located in the 800 block of L.D. Lockett Road, Case GC12-001 Mayor Kelly read Resolution R-12-3482 in its entirety. City Council Minutes - Draft April 11, 2012 Community Development Director Ron Ruthven stated the applicant is requesting an amendment to the City/Developer Agreement (CDA) for Covington Addition in order to remove a specific section related to required sidewalk construction. The applicant is requesting the amendment in order to vacate the existing 20-foot private pedestrian access and private utility easement located behind the above mentioned lots so that rear yard fences can be constructed all the way to the rear property lines. The sidewalks are private and are not required by the Land Development Code, or as a condition of any other agreement approved by the City Council; therefore, removing the construction requirement does not require any additional waiver by the City Council. Mayor Kelly opened the public hearing Mr. Rob Romo, Vice President, Ashton Woods Homes, 1221 Interstate 35E, Carrollton, Texas, representing the applicant, was present to answer questions of the City Council. Mr. Paul Moore, 613 Hunter Trail, spoke in opposition to the proposed resolution and regarding flooding from the Covington property and construction, loss of landscaping, and requested City Council table the agenda item until flooding issues can be addressed. There were no others wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the topography of the land and drainage issues and resolutions. Public Works Director Bob Lowry spoke regarding actions to resolve the flooding issue, and stated it is the developer's responsibility to correct the drainage issues and the developer is not currently in compliance with the current grading plans. Mr. Romo agreed to work with neighbors to address flooding issues. Mayor Kelly moved to approve Resolution R-12-3482 Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7b Resolution R-12-3483 Approval to replace Resolution R-10-3259 changing the structure and membership of the Colleyville Events Steering Committee ~~layor Kelly read Resolution R-12-3483 in its entirety. . .,.,., e ,.:.,x,~, X w , . . ..., . . City Council Minutes - Draft April il, 2012 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 Muhm moved to approve Resolution R-12-3483 Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Kelly expressed appreciation to Library Director Mary Rodne for assistance with the restructuring of the committee 7c Resolution R-12-3484 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-12-3484 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin nominated Barb Stephens, Linda Salisbury and Kirsten Isensee to serve on the Colleyville Events Steering Committee. There were no other nominations. Councilmember Wollin moved to approve Resolution R-12-3484, appointing Barb Stephens, Linda Salisbury and Kirsten Isensee to the Colleyville Events Steering Committee. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council Minutes - Draft April 11, 2012 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AG EN DA There was no one present wishing to speak concerning this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 11, 2012, - Reading and Public Hearing - Resolution R-12-3485 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Short moved to adjourn, and Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Kelly adjourned the City Council meeting at 9:06 p.m. and stated the Pre Council meeting will reconvene in the Executive Conference Room shortly. Mayor Kelly reconvened the Pre Council meeting at 9:12 p.m. for presentations regarding PC-2 and PC-3, and recessed the Pre Council meeting at 10:06 p.m. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 1ST DAY OF MAY 2012. n a~rra prep~~py: ~fithia Singleton, TRMC, C ity Secretary '