HomeMy WebLinkAboutCity Council-Minutes-6/5/2012~~~%=~~,`~.~ City of Colleyville City Hall
CC~LLEYVILLE ~,Ity C~~II'~C1~ 100 Main Street
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r ~ ~ ~ ~ Agenda 817. 503.1000
www.colleyville.com
Tuesday, June 5, 2012 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Discussion of truck traffic and routing in Colleyville
PC-2 Update on the financial status of the Tax Increment Financing District
PC-3 Review and discussion of the 2012 Compensation Survey
PC-4 Discussion of the City Council Rules of Procedures
PC-5 Discussion of the June 5, 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 - Litigation - City of Colleyville v. Mitchell
Section 551.071 - Legal - Advice from City Attorney regarding land use
regulations and zoning
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: Pastor Ricky Texada, Covenant Church Colleyville
City Council Agenda June 5, 2012
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-12-3502
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 200th Anniversary of the beginning of
the War of 1812 - Martha Walker - Mayor David Kelly
Recognition of employees' years of service
Recognition of employee achievements
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3503
4a Approval of the minutes of the regular City Council meeting of May 15,
2012
4b Approval to purchase five (5) 2012 Ford F-150 super cab pickup trucks
from Sam Pack's Five Star Ford, through the Texas Cooperative
Purchasing System, in an amount not to exceed $67,190, and authorize
the city manager to execute the contract
4c Approval to purchase one (1) 2012 Ford F-750 single axle dump truck
from Chastang Ford, through the Texas Cooperative Purchasing System,
in an amount not to exceed $75,266.00, and authorize the city manager
to execute the contract
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
Sa Ordinance 0-12-1834
Approval of revisions to the City of Colleyville Water Conservation and
Drought Contingency Plan
5b Ordinance 0-12-1835
Approval of a request for a Special Use Permit for on-premise
consumption of alcoholic beverages on Lot 1R1R, Block 1, of the Redding
Addition, located at 710 Glade Road, Case ZC12-010
City Council Agenda June 5, 2012
5c Ordinance 0-12-1836
Approval of a request for a Special Use Permit for an amusement center
(indoors) on Lot 1R1, Block 1, of the Town Center Colleyville Addition
located at 5615 Colleyville Boulevard, Suite 100, Case ZC12-013
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance 0-12-1837
Establishing the Juvenile Case Manager fee as authorized by the Texas
Code of Criminal Procedure Article 102.0174
6b Ordinance 0-12-1838
Approval of a request for an amendment to Section 3.24-Schedule of
Permitted Uses of Chapter 3-Land Use of the Land Development Code,
Case GC12-004
6c Ordinance 0-12-1839
Approval of a request for an amendment to the PUD-C-Planned Unit
Development Commercial zoning and development requirements on Lot
2, Block 1, of the Meadows Creek Plaza Addition located at 8100 Precinct
Line Road, Case ZC12-014
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THEAGENDA
8. REPORTS
Sign Board of Appeals Minutes - March 13, 2012
Zoning Board of Adjustment Minutes - April 10, 2012
Planning and Zoning Commission Minutes - April 23, 2012
Planning and Zoning Commission Minutes - May 14, 2012
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5,
2012 - Reading and Public Hearing - Resolution R-12-3504
10. ADJOURNMENT
City Council Agenda June 5, 2012
I hereby certify this agenda was posted on City Hall bulletin boards June 1, 2012, by
5: 00 p, m
. ~ C~
Cy hia 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.
`j `-~"\ City of Colleyville
'~"''r City Hall
COLLEYVILLE C~ty CQUnC~~ 100 Main Street
`~4"°''"~~ "' `^~~~ Colleyville, Texas 76034
r r x A 5 M i n utes 817. 503.1000
www.colleyville.com
Tuesday, June 5, 2012 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on June 5, 2012, at 5:32 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, City Engineer Jeremy Hutt,
Community Development Director Ron Ruthven, Economic Development Director
Marty Wieder, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne,
Human Resources Manager Michelle Reyes, Strategic Services Manager Eric
Ellwanger, Communications and Marketing Director Mona Gandy, Information
Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary
Cynthia Singleton were also present.
PC-1 Discussion of truck traffic and routing in Colleyville
Public Works Director Bob Lowry reviewed the definition of truck routes, which are
designed to divert truck traffic away from the town and stated there has been an
increased amount of truck traffic on Shelton Drive. Director Lowry stated the
increase is due to fill dirt being taken from Colleyville Middle School to a residential
site located on Shelton Drive to fill a large low-lying area. Director Lowry stated City
staff has been very involved in monitoring the work to ensure there are no violations
of City ordinances and/or storm water regulations. He further explained a Shelton
Drive resident has requested a"No Trucks" sign be installed on Shelton Drive,
however, installation of a sign would require adoption of an ordinance by the City
Council, and answered questions of the City Council.
Police Chief Mike Holder spoke regarding the criteria for regulating and enforcing
truck traffic in the City.
Discussion ensued regarding truck traffic on Shelton Drive and the delivery of soil to
a residence on Shelton Drive.
Mayor Kelly requested that Mr. ]ames Day notify th~ City of the volume of trucks on
Shelton Drive.
Community Development Director Ron Ruthven spoke regarding the current
ordinance related to truck traffic in the City.
City Council Minutes June 5, 2012
Discussion ensued regarding increased truck traffic in the City.
City Manager Jennifer Fadden confirmed with City Council, at this time, an ordinance
would not be placed on a future City Council agenda for consideration.
Mayor Pro Tem Hart requested staff continue to monitor the situation and work with
the citizens involved.
Discussion ensued regarding the commercial trucking inspection process and Mayor
Kelly requested information regarding the regulating authorities and process.
PC-2 Update on the financial status of the Tax Increment Financing District
Assistant City Manager and Chief Financial Officer Terry Leake provided an overview
of the Tax Increment Financing District (TIF), reviewed expenditures, history,
contributed tax rate by entity, commitments, which include outstanding bond issues
and incentified developer asset repurchase agreements, status of projects completed
and in-process, current financial status, options for the TIF, and answered questions
of the City Council.
Discussion ensued regarding options available for the TIF, including reducing a
portion of the tax rate contribution, and expanding the project plan to include SH26
projects, Cotton Belt Trail, and economic development projects.
City Manager Jennifer Fadden stated staff will analyze options and provide
information to City Council at a future Pre Council meeting.
City Council directed staff to hire a consultant to analyze and identify options for the
TIF, and present information during a future Pre Council meeting.
PC-3 Review and discussion of the 2012 Compensation Survey
Human Resources Director Michelle Reyes provided an overview the 2012
Compensation Survey and stated salary data was compiled for 57 positions, from
Colleyville's seven bordering cities including Bedford, Euless, Grapevine, Hurst,
Keller, North Richland Hills, and Southlake, and answered questions of the City
Council.
Ms. Reyes stated the analysis compared the surveyed mid-points to Colleyville's mid-
points of each pay range. Fifty-two percent (52%) of Colleyville positions had a
variance greater than five percent below the market average. Additional
compensation data for the Dallas/Fort Worth metroplex area was obtained through
three different websites, for nine positions that were comparable private sector
positions in Engineering, Finance, Human Resources, and Administrative/Clerical.
City Council Minutes June 5, 2012
The analysis compared the mid-points to Colleyville's mid-points of each pay range.
Fifty-six percent (56%) of Colleyville positions had a variance greater than five
percent below the market average of comparable private sector positions.
Discussion ensued regarding the benchmarking process.
Additional analysis compared Colleyville mid-points to nine private sector mid-points
and found 56% of jobs surveyed are more than 5% below the market average of
comparable private sector jobs, 33% were at market, and approximately 11% were
above the market. The nine positions are accounting clerk, utility billing clerk, utility
billing supervisor, finance manager, assistant finance manager, human resources
analyst, administrative secretary, executive secretary, and senior engineering
technician.
Councilmember Taylor requested a list of the nine positions compared to private
sector positions and compensation statistics and the positions compared to the same
positions in the seven bordering cities.
Human Resources Director Reyes spoke regarding the challenges related to the
public sector salary structure, trends, and retention strategies.
Discussion ensued regarding the City's competitiveness in the market, employee
retention, benefits, comparison to other cities, merit performance evaluation system,
and sustainability.
PC-4 Discussion of the City Council Rules of Procedure
City Manager Jennifer Fadden stated the City Charter and Rules of Procedure are in
conflict regarding the procedure for calling a meeting, and staff is recommending the
Rules of Procedure be revised to be consistent with the Charter.
City Attorney Matthew Boyle stated the conversation, regarding calling a meeting, by
City Council would be limited exclusively to having a meeting or not having a
meeting and that would not violate the Texas Open Meetings Act. If you want to
have a special meeting, you can call the Mayor and three other Councilmembers
expressing a desire to have a meeting and if the Councilmembers are available, you
can call a special meeting.
Discussion ensued regarding the purpose and benefit of the Pre Council meeting.
City Manager Fadden stated the City does not have standardized attendance
requirements for boards, commissions, and committees and it is recommended the
City Council adopt the attendance requirements of the City Council, which is seventy-
five percent (75%) attendance for all regu/arly scheduled meetings during each
elected year or discretion of the City Council.
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City Council Minutes June 5, 2012
It was determined board, commission and committee attendance reports will be
provided to City Council on a quarterly basis in the City Manager's weekly update.
Mayor Kelly proposed that large contracts or documents, referenced in the City
Council agenda packet, be available in the City Secretary's office or via a link, in lieu
of inclusion in the agenda packet that may not transmit electronically due to size.
Councilmember Taylor proposed the threshold, for determining if the contract is
included, is a document more than ten pages.
Staff will explore options regarding access to large contracts referenced in the City
Council packet and provide the information to City Council at a future Pre Council
meeting.
Discussion ensued regarding the quality of exhibits in the agenda packets and length
of Pre Council meetings.
PC-5 Discussion of the ]une 5, 2012, City Council regular agenda items
Public Works Director Bob Lowry spoke regarding Consent agenda item 4b related to
the features and price of trucks.
Mayor Kelly recessed the Pre Council meeting at 7:08 p.m. and reconvened the
meeting at 9:33 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 Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant
Rodney Cunningham, Police Lieutenant Hillary Wreay, Finance Manager Karen Hines,
City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic
Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Library
Director Mary Rodne, Parks Superintendent Chuck Majors, Human Resources Manager
Michelle Reyes, Communications and Marketing Director Mona Gandy, Code
Enforcement Officer Ky Roby, Information Systems Manager Chris Pena, City
Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code
Chapter 551, Subchapter D
City Council Minutes June 5, 2012
Section 551.071 - Legal - Consultation with attorney on legal issues raised by public
hearing or action items on the agenda
Section 551.071 - Litigation - City of Colleyville v. Mitchell
Section 551.071 - Legal - Advice from City Attorney regarding land use regulations
and zoning
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 551.071, Litigation, 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 6:35 p.m. and reconvened at 7:51 p.m.
INVOCATION: Pastor Ricky Texada, Covenant Church Colleyville
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-12-3502
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Councilmember Wollin invited citizens to the 2012 Summer Reading Program kickoff
party on Saturday, June 9, at 10:00 a.m. There will be face painting, balloons,
children's crafts, and refreshments and registration for the Summer Reading Program
"Reading is so Delicious." Children ages 12 and under can earn prizes for books they
read and listen to; youth ages 13 to 18 can earn prices and participate in the teen
reading program, Underground - Teen Book Club, on the last Tuesday of the month,
and Yoga and Smoothies, every other Tuesday. Adults can participate in the adult
fiction, non-fiction and film clubs. The reading line-up includes Mad Science,
Critterman, the Bubb/e Chef, Snake Encounters, and more. Free daily activities are
available, including weekly story times for children, Chess Club, LEGO Mania, Tuesday
activity days, visiting performers every Thursday, and Friday movie days. The
summer reading program will end with a special Grand Finale outdoor event on
Friday, August 3, 2012. Registration is open to all Colleyville Public Library
cardholders, but is limited. Sign up online at www.colleyville.com or contact the
Library at 817.503.1150.
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City Council Minutes June 5, 2012
Councilmember Wollin also noted a live streaming of the Venus transit, occurred at
the Library on June 5, 2012, which was sponsored by a local astronomy society. The
historic event of Venus passing directly between the sun and earth occurs only once
every 128 years.
Mayor Kelly invited citizens to the free Red, White & Sousa event on Friday, June 29,
2012, at 8:00 p.m. and be entertained by The Vocal Majority Chorus. The Vocal
Majority Chorus, an internationally acclaimed acappella men's choral group, will
showcase the singing and showmanship that has garnered 11 international gold
medals. The concert program celebrates America's Independence Day with patriotic
favorites, such as the Armed Forces Medley, John Phillip Sousa's Stars & Stripes
Forever, God Bless America, America the Beautiful, and God Bless the U.S.A. The
group's diverse musical repertoire also will be on display with songs from Broadway
productions and Hollywood movies, as well as love songs, pop tunes, and
inspirational medleys that have become fan favorites worldwide. Concert goers can
enjoy dinner at Colleyville's first gourmet food park, featuring six trucks offering a
variety of cuisines and include The Butcher's Son, Cool Haus, Good Karma Kitchen,
nammie cruisin' Vietnamese fusion, So-Cal Tacos, and Trailercakes. McAlister's Deli
in Colleyville is also offering picnic boxes and will deliver to the event. It all takes
place at the Village at Colleyville located at Main Street and Colleyville Boulevard.
Reserved table seating is available for $25 for groups of up to five people. Free
parking is available in the Village and at City Park located off Bransford Road, west of
City Hall. For more information or to make a reservation, visit the City's web site at
www.colleyville.com. Baylor Regional Medical Center at Grapevine is a major sponsor
of the event and other sponsors include Decorating Den Interiors - Siddons Design
Team and McAlister's Deli.
Mayor Kelly presented a Proclamation to Ms. Martha Walker in recognition of the
200th Anniversary of the beginning of the War of 1812. Ms. Walker expressed
appreciation to the Mayor and City Council for recognizing this historic event.
Mayor Kelly recognized Library Youth Assistants Ginny Byles, Amy Hubbard, and
Sharon Walker, and Library Assistant Kara Teeter, for one year of service; Jeanie
Monahan, Library Assistant; and Ron Ruthven, Community Development Director;
and Dana Underwood, Public Works Mechanic, for five years of service; and Police
Officers Ron McFadden and Craig Terrell, for 15 years of service.
Mayor Kelly stated the City competes annually in the Public Works Road-e-o, an event
designed to highlight the skills of public works employees.
Mayor Kelly recognized Homer Cruse, Public Works Equipment Operator, for taking
second place in the Gradall Competition and Jose Murillo, Public Works Equipment
Operator, for taking second place in the Forklift Slam Dunk Competition during the
2012 Public Works Road-e-o.
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City Council Minutes June 5, 2012
Mayor Kelly expressed appreciation to the public works staff for excellent work and
skill in operating the equipment.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3503
4a Approval of the minutes of the regular City Council meeting of May 15, 2012
4b Approval to purchase five (5) 2012 Ford F-150 super cab pickup trucks from
Sam Pack's Five Star Ford, through the Texas Cooperative Purchasing System,
in an amount not to exceed $67,190, and authorize the city manager to
execute the contract
4c Approval to purchase one (1) 2012 Ford F-750 single axle dump truck from
Chastang Ford, through the Texas Cooperative Purchasing System, in an
amount not to exceed $75,266.00, and authorize the city manager to execute
the contract
Mayor Kelly read Resolution R-12-3503 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 moved to approve Resolution R-12-3503.
Councilmember Short 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
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance 0-12-1834
Approval of revisions to the City of Colleyville Water Conservation and
Drought Contingency Plan
Mayor Kelly read the caption of Ordinance 0-12-1834.
Mayor Kelly opened the public hearing.
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City Council Minutes June 5, 2012
There was no one present wishing to speak and Mayor Kelly closed the public
hearing.
Mayor Kelly moved to approve Ordinance 0-12-1834.
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
5b Ordinance 0-12-1835
Approval of a request for a Special Use Permit (SUP) for on-premise
consumption of alcoholic beverages on Lot iR1R, Block 1, of the Redding
Addition, located at 710 Glade Road, Case ZC12-010
Mayor Kelly read the caption of Ordinance 0-12-1835.
Community Development Director Ron Ruthven stated the applicant has proposed a
single name of the business, Old Mayor's House Fine Dining, single schedule of hours
of operation, and provided a shared parking agreement with Shandora Spa and
Salon. Director Ruthven stated staff recommends a minimum five-foot wide sidewalk
be constructed along Old Glade Road adjacent to the subject property, and that a
pedestrian access gate be added, at the closest possible point to the property, to the
east of the Shandora property providing sidewalk access to pedestrians, and this
recommendation has been added to the proposed ordinance.
Mayor Kelly opened the public hearing.
Mr. Tom Aikens, 4500 Dartmoore Lane, Colleyville, spoke regarding shared parking,
which will be used for valet service.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing.
Discussion ensued regarding the shared parking agreement, the circumstances by
which the agreement could be rescinded, the location and number of parking spaces,
the location and size of the sidewalk to be constructed, and funding for the sidewalk
construction.
Director Ruthven stated the applicant pays for the sidewalk and the current parking
agreement could be rescinded by Shandora or any new owner of the property. In the
event the agreement is rescinded, the applicant would be required to find additional
parking or be in non-conformance of the ordinance. Director Ruthven stated
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City Council Minutes June 5, 2012
language could be added to the ordinance stating additional parking would be
required if the shared parking agreement became null and void. He also stated
language could be added, which revokes the SUP in the event the required amount of
parking is not available or to require the applicant to seek City Council approval for a
revised parking plan.
City Attorney Matthew Boyle stated, ~~as long as you have an ordinance provision that
provides a minimum number of parking spaces, either provided on-site or a
combination of, on-site and off-site via a shared parking arrangement, the instant
they end up delinquent on that, they are subject to code enforcement and/or the
revocation of the SUP."
The applicant stated there are additional opportunities for shared parking agreements
and to have the minimum 40 parking spaces.
Mayor Kelly moved to approve Ordinance 0-12-1835, with conditions stated by the
City Attorney, which requires the property or SUP will always maintain at least 40
parking spaces, or any additional required parking spaces, either through on-site or
shared arrangement.
Councilmember Taylor seconded the motion.
The applicant asked if a sidewalk is still necessary. Mayor Kelly explained there is a
requirement for 40 parking spaces and if pedestrians have to walk, there must be a
safe walking environment; therefore, the sidewalk is still a requirement.
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
Community Development Director Ron Ruthven stated the applicant has one year to
obtain a certificate of occupancy before the SUP expires.
5c Ordinance 0-12-1836
Approval of a request for a Special Use Permit for an amusement center
(indoors) on Lot 1R1, Block 1, of the Town Center Colleyville Addition located
at 5615 Colleyville Boulevard, Suite 100, Case ZC12-013
Mayor Kelly read the caption of Ordinance 0-12-1836.
Mayor Kelly opened the public hearing.
Mr. Ed Reed, 6680 Violet Way, Arvada, C0, applicant, was present to answer
questions of the City Council.
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City Council Minutes June 5, 2012
There was no one present wishing to speak and Mayor Kelly closed the public
hearing.
Mr. Reed spoke regarding business patron capacity and parking trends.
Discussion ensued regarding the services of the business.
Mayor Kelly moved to approve Ordinance 0-12-1836.
Councilmember 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 0-12-1837
Establishing the Juvenile Case Manager fee as authorized by the Texas Code
Article 102.0174
Mayor Kelly read the caption of Ordinance 0-12-1837.
Assistant City Manager and Chief Financial Officer Terry Leake stated the cities of
Keller and Colleyville recently entered into a combined Municipal Court services
agreement. Currently the City of Keller provides a Juvenile Case Manager, to provide
assistance to juvenile offenders. As a part of the regionalization process, it was
presented to both City Councils that as many common services as possible will be
replicated. One service is the adoption of the Juvenile Case Manager fee, which
Keller has had in place for several years. As Colleyville will be adding to the number
of juvenile offenders in both cities, the $5.00 fee will be assessed on all citations.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing.
Discussion ensued regarding the fee being assessed to all citations, benefits provided
by the fee, counseling program, community service, tobacco or alcohol violations,
and truancy.
Assistant City Manager and Chief Financial Officer Leake stated the program would be
effective October 2012.
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City Council Minutes June 5, 2012
Mayor Kelly stated the first $93.00 of the traffic ticket payment goes to the state.
Councilmember Taylor stated the City supports the Teen Court program, in which
students, who receive a citation, may go before a jury of their peers.
6b Ordinance 0-12-1838
Approval of a request for an amendment to Section 3.24-Schedule of
Permitted Uses of Chapter 3-Land Use of the Land Development Code, Case
GC12-004
Mayor Kelly read the caption of Ordinance 0-12-1838.
Community Development Director Ron Ruthven stated the applicant is requesting the
addition of a new use that is not currently listed in the Schedule of Permitted
Principal Uses, in the Land Development Code, and any use not specifically listed in
the Land Development Code is prohibited unless it is added to the Table of Permitted
Uses. Director Ruthven noted the Land Development Code states that any person or
corporation may petition the City Council for a change or amendment to the
provisions of the regulations or the Planning and Zoning Commission or City Council
may initiate the change on its own.
The applicant is proposing to open a business, which includes retail sales of jewelry
and precious metals and includes the purchasing of precious metals including jewelry,
gold, silver, and platinum. The Schedule of Permitted Principal Uses does not contain
any use related to the purchase of jewelry or precious metals or resale. Therefore,
the applicant is requesting the use of purchasing of jewelry and precious metals to be
added to the Schedule of Permitted Principal Uses. The applicant submitted a
building permit application and a certificate of occupancy application, however, the
applications were denied given the absence of any permitted use of purchasing of
jewelry and precious metals.
Director Ruthven stated staff recommends, should the City Council decide to add the
use, the following description be added to the Schedule of Permitted Principal Uses as
recommended by the Planning and Zoning Commission: "purchasing and/or resale of
precious metals including jewelry, gem stones, gold, silver, and platinum and not
licensed as a Pawn Shop by the State of Texas". Director Ruthven added, staff
proposes that if City Council approves the use, the approval be added to the CC1-
Village Retail, CC2-Shopping Center, and CC3-Highway Commercial as a Special Use
Permit only. The Planning and Zoning approved the recommendation at the May 14,
2012 meeting by a vote of 6-0.
Mayor Kelly opened the public hearing.
Mr. Michael Hershman, representing the Old Colleyville Town Square, LP, stated the
request is for a change in the permitted uses for the purpose of allowing an
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City Council Minutes )une 5, 2012
establishment who is primarily in business for the purchase of gold, silver, and
gemstones. Mr. Hirschman discussed the anticipated business activity, staffing, and
floor plan, 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 location, center vacancies, type of sales, security, and
the need to change the use.
Director Ruthven explained the uses are specific and if the use is not listed, it is
prohibited.
There was discussion regarding accessory and primary uses for jewelry stores.
City Attorney Matthew Boyle stated there is no gray area in the Land Development
Code; if the use is not listed, it is not permitted.
The City Council requested information regarding zoning for the GOLDMAX store in
cities around the metroplex.
6c Ordinance 0-12-1839
Approval of a request for an amendment to the PUD-C-Planned Unit
Development Commercial zoning and development requirements on Lot 2,
Block 1, of the Meadows Creek Plaza Addition located at 8100 Precinct Line
Road, Case ZC12-014
Mayor Kelly read the caption of Ordinance 0-12-1839.
Community Development Director Ron Ruthven stated the applicant is requesting an
amendment to Ordinance 0-10-1761 changing the building elevations to remove the
tower element. Among the changes, the applicant is proposing to change the
primary architectural feature of the front building elevation by replacing the tower
feature with a large chimney element that includes flagpoles. The applicant states
that the perception of the building appears institutional rather than residential with
the original elevations. Other changes include additional dormer windows and
changes to the primary entrance. The Planning and Zoning Commission
recommended approval by a 6-0 vote.
Mayor Kelly opened the public hearing.
Mr. Charles Hodges, 13642 Omega, Dallas, Texas, stated the change is to eliminate
an institutional perception at the facility by omitting a tower and replacing it with a
chimney.
City Council Minutes ]une 5, 2012
Discussion ensued regarding approved building elevations, plans, time-line,
resurfacing of Lavaca Trail, and approved renovations.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing.
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THEAGENDA
Mr. Edward Mitchell, 600 John McCain Road, Colleyville, spoke regarding the
construction of the roundabout at Pleasant Run Road and John McCain Road.
8. REPORTS
Appeals Minutes - March 13, 2012
Zoning Board of Adjustment Minutes - April 10, 2012
Planning and Zoning Commission Minutes - April 23, 2012
Planning and Zoning Commission Minutes - May 14, 2012
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5,
2012 - Reading and Public Hearing - Resolution R-12-3504
There was no action taken on this item.
10. ADJOURNMENT
Mayor Kelly adjourned the regular City Council meeting at 9:26 p.m. and reconvened
Pre Council meeting at 9:33 p.m.
There being no further business before the City Council, Councilmember Muhm
moved to adjourn, and Councilmember Wollin 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 Pre Council meeting at 10:33 p.m.
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City Council Minutes June 5, 2012
APPROVED BY A VOTE OF AYES, NAYS, AND O
ABSTENTIONS ON THIS THE DAY OF 2012.
Minute~ak~n ar,r~l prepa
~nthia Singleton, TRMC, C
City Secretary "
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