HomeMy WebLinkAboutCity Council-Minutes-9/18/2012,;=~~~ City of Colleyville
''`^* City Hall
Ct~LLEY'~ILLE C~ty CQUnCI~ 100 Main Street
Colleyville, Texas 76034
Agenda 817. 503.1000
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Tuesday, September 18, 2012 City Council Chambers
5:00 P.M. - BOARD, COMMISSION, AND COMMITTEE INTERVIEWS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Presentation and discussion of the Colleyville Sidewalks Committee
recommendations for 2012
PC-2 Update of the Jackson Road and Cheek-Sparger Road Intersection
Improvement Project
PC-3 Update of the Fire Department Prevention and Community Outreach Program
PC-4 Presentation of the Monthly Financial Report - August 2012
PC-5 Discussion of the September 18, 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 551.072 - 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
City Council Agenda September 18, 2012
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor David ]ung, Crown of Life
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-12-3531
3.
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of Colleyville's featured business, EnvironX Solutions,
1501 Hall-Johnson Road, Suite 539, Steve Sinunu, President/CEO -
Mayor David Kelly and Economic Development Director Marty Wieder
Recognition of employees' years of service
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3532
ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
4a Approval of the minutes of the regular City Council meeting of
September 4, 2012
4b Approval of a bid award for Horticultural Grounds Maintenance Contract
to the Lawn Firm, in an amount not to exceed $145,734, and authorizing
the city manager to execute same, and any associated change orders, in
an amount not to exceed $25,000, and subject to the approval of
funding in the Fiscal Year 2013 (FY 2013) budget
4c Approval to renew the Grounds Maintenance Mowing Contract with
Whitmore and Sons, Inc., in an amount not to exceed $137,980.29, and
authorize the city manager to execute same, and any associated change
orders, in an amount not to exceed $25,000, and subject to the approval
of funding in the Fiscal Year 2013 (FY 2013) budget
4d Approval of an Interlocal Agreement with Tarrant County for the Jackson
Road and Cheek-Sparger Road Intersection Improvements, and
authorize the city manager to execute the agreement
City Council Agenda September 18, 2012
4e Approval of an Interlocal Agreement with Tarrant County for the John
McCain Road and Pleasant Run Road Intersection Improvements, and
authorize the city manager to execute the agreement
4f Approval of an Interlocal Agreement with Tarrant County for the
purchase of liquid asphalt from the Tarrant County Precinct Three
Maintenance Department, at the County's contract price, and authorize
the city manager to execute the agreement
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance 0-12-1850
Adoption of the proposed Fiscal Year 2013 (FY 2013) budget
5b Ordinance 0-12-1851
Adoption of the Ad Valorem Tax Rate for Fiscal Year 2013 (FY 2013)
5c Ordinance 0-12-1852
Amending Section 1 of Ordinance O-i1-1805 relating to the Fiscal Year
2012 General Fund budget
5d Ordinance 0-12-1853
Adoption of the Colleyville Economic Development Corporation Fiscal
Year 2013 (FY 2013) Budget
5e Ordinance 0-12-1854
Consideration of a request for a Special Use Permit for automotive and
motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at
1803 Tarrant Lane, Suite 130, Case ZC12-018
5f Ordinance 0-12-1855
Consideration of a request for an amendment to the PUD-C-Planned Unit
Development Commercial zoning and development requirements on Lot
1A, Block 1, of the Highland Acres Addition located at 412 Timberline
Drive North, Case ZC12-021
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-12-3533
Consideration of an appeal of the decision by the Sign Board of Appeals
by Lynn Bural, for a variance regarding the sign regulations for a
monument sign on Tract 1AO1A, Abstract 275 and Tract 1A8, Abstract
1248, of the Thomas J Christian Survey, located at 4608 Colleyville
Boulevard, Case GC12-012
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City Council Agenda September 18, 2012
6b Resolution R-12-3534
Approval to award a Tenant Improvement Grant to Home Theater
Technologies, Inc.
6c Resolution R-12-3535
Consideration of appointments to the Historical Preservation Committee
6d Resolution R-12-3536
Consideration of appointments to the Library Board
6e Resolution R-12-3537
Consideration of appointments to the Metroport Teen Court Advisory
Board
6f Resolution R-12-3538
Consideration of appointments to the Planning and Zoning Commission
6g Resolution R-12-3539
Consideration of appointments to the Senior Center Advisory Committee
6h Resolution R-12-3540
Consideration of appointments to the Zoning Board of Adjustment
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Planning and Zoning Commission Minutes - August 13, 2012
Zoning Board of Adjustment Minutes - August 14, 2012
Sign Board of Appeals Minutes - August 14, 2012
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER
18, 2012 - Reading and Public Hearing - Resolution R-12-3541
10. ADJOURNMENT
City Council Agenda September 18, 2012
I hereby certify this agenda was posted on City Hall bulletin boards September 14,
2012, by 5:00 p.m.
. ~ a~
nthia Singleton, TRMC, C
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you p/an 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.
'~'~ "~ Cit of Col le vi I le
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COLLEYVILLE City Council 100 Main Street
~~ ~'' Colleyville, Texas 76034
M i n utes 817. 503.1000
' ~ '` `~' ~ www.colleyville.com
Tuesday, September 18, 2012 City Council Chambers
City Council interviewed board, commission and committee applicants on September
28, 2012, at 5:00 p.m.
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on September 28, 2012, at 5:51 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Stan Hall, Michael Muhm, 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, Economic Development
Director Marty Wieder, Finance Manager Karen Hines, Public Works Director Bob
Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven,
Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Parks
Superintendent Tim Hightshoe, Human Resources Director 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 Presentation and discussion of the Colleyville Sidewalks Committee
recommendations for 2012
City Engineer Jeremy Hutt provided a history and purpose of the Colleyville Sidewalks
Committee, information regarding the Parks, Recreation and Open Space Master Plan,
and the criteria established by the Committee for prioritizing sidewalk improvement
projects.
Mr. Hutt reviewed the Colleyville Sidewalk Committee 2012 recommendations for
sidewalk construction at 3400 Windsor Court; 3300 Cambridge Court; 4607
Colleyville Boulevard; 4700 Glade Creek Road; 4000 Steeplechase Drive; 314 Delmar
Court; 5801 Highland Meadows; 812 to 708 Colleyville Terrace, and 315 L.D. Lockett
Road.
Mr. Jeff Ground, Chairman, Colleyville Sidewalks Committee, spoke regarding the
traffic pattern, pedestrian traffic, vehicle speeds, and citizen concerns regarding
safety on Colleyville Terrace, and citizen's request for sidewalk construction on
Colleyville Terrace.
Discussion ensued regarding potential sidewalk construction and funding, crossing
guard locations, and the traffic flow along Pleasant Run Road.
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City Council Minutes September 18, 2012
City Council requested additional information regarding the extension of sidewalk and
the entire length of Colleyville Terrace on the south side of the street and costs and
funding sources.
PC-2 Update of the )ackson Road and Cheek-Sparger Road Intersection
Improvement Project
City Engineer Jeremy Hutt stated the City entered into an engineering services
contract with Freese and Nichols to perform an engineering design for a roundabout
at the intersection of Jackson Road and Cheek-Sparger Road and introduced Spencer
Maxwell, Project Manager, Freese and Nichols.
Mr. Maxwell presented an update of the project and outlined constraints of the
project, which included roundabout shape, right-of-way acquisition and culvert type,
capacity and cost.
City Council requested staff include the conspan culvert in the project.
City Manager Jennifer Fadden stated if the City Council wants to move forward with
the alternative design, City Council could add an additional $100,000 to the second
reading of the agenda item for a Fiscal Year 2012 budget amendment, which would
provide for the project design and construction fees. Ms. Fadden further stated the
$100,000 is an estimate of the additional cost and the funding source for this project
includes about $53,000 in County bond funds and $349,000 in North Central Texas
Council of Governments funds, and in order to access the full amount of the county
funds, the City has to match it one-to-one.
PC-3 Update of the Fire Department Prevention and Community Outreach Program
Fire Chief Russell Shelley reviewed the Fire Department Prevention and Community
Outreach Programs, which includes Vial of Life, Fire Prevention Clowns, Citizen's Fire
Academy (CFA), Kid's Fire Camp, and the Citizen's Fire Academy Rehab Response
Team.
Chief Shelley provided an update regarding community access gate awareness and
stated correspondence has been sent to homeowner associations and individual
homeowners regarding fire apparatus access to those residences behind private
gates.
Chief Shelley reviewed the Fire Department's current practices and policies, which
continue to the decrease the City's fire loss. Mr. Shelley further stated staff will
present, for City Council consideration, the 2009 International Fire Code in Fiscal Year
2013; in Fiscal Year 2014, Fire Department personnel will prepare for an Insurance
Services Organization (ISO) evaluation of the City's fire protection capabilities; staff
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City Council Minutes September 18, 2012
plans to complete the ISO evaluation in Fiscal Year 2015, and improve the current
rating; and, staff will seek accreditation from the Center for Public Safety Excellence
(CPSE) as an agency that represents the highest standards of fire protection in their
community.
Discussion ensued regarding the requirements of the 2009 International Fire Code
related to fire sprinkler requirements and the cost of a residential fire sprinkler
system.
PC-4 Presentation of the Monthly Financial Report - August 2012
Finance Manager Karen Hines spoke regarding the savings in the Fiscal Year 2012
General Fund budget.
Discussion ensued regarding the dollar amount and source of year-end savings.
Assistant City Manager and Chief Financial Officer Terry Leake provided information
regarding the street maintenance budget, the payment structure of street projects,
and the accounting mechanism for preserving street funds each fiscal year.
City Manager Jennifer Fadden stated budgets are reflecting development related
revenues and franchise taxes, and staff is conservative in revenue estimates, and has
not adjusted conservative estimates with the improved economy.
PC-5 Discussion of the September 18, 2012, City Council regular agenda items
There was no discussion of the regular agenda items.
Mayor Kelly recessed the Pre Council meeting at 7:16 p.m.
Mayor David Kelly called the regular meeting of the Colleyville City Council to order
on September 18, 2012, at 7:16 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Stan Hall, Michael Muhm, 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, Police Lieutenant Hillary Wreay, Economic Development
Director Marty Wieder, Finance Manager Karen Hines, Public Works Director Bob
Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven,
Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Parks
Superintendent Tim Hightshoe, Human Resources Director 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.
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City Council Minutes September 18, 2012
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 - ~itigation - City of Colleyville v. Mitchell
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 7:16 p.m.
Mayor Kelly reconvened the Pre Council meeting at 7:49 p.m. and reconvened the
regular meeting at 8:12 p.m.
INVOCATION: Pastor David ]ung, Crown of Life
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-12-3531
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 Texas Night Out Community Safety Event, which
promotes police and neighborhood partnerships in crime prevention efforts. The
event will be held Tuesday, October 2, 2012, at City Park 6:00 p.m. to 9:00 p.m.
Activities include a raffle and silent auction, a softball game rematch between the
police and fire personnel, and close up view of police cars and fire trucks.
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City Council Minutes September 18, 2012
Mayor Kelly recognized Colleyville's featured business, EnvironX Solutions, 1501 Hall-
Johnson Road, and President and Chief Executive Officer Steve Sinunu.
Mr. Sinunu spoke regarding EnvironX Solutions' above and below ground fire fighting
products and expansion opportunities and expressed appreciation to Economic
Development Director Marty Wieder for supporting the business.
Economic Development Director Marty Wieder expressed gratitude to Mr. Sinunu for
locating the business in Colleyville.
Mayor Kelly recognized the following employees for years of service: Kyle Franco,
Firefighter, and Bob Lowry, Public Works Director; Zachary Meager, Meter Reader;
Erik Uplegger, Colleyville Center Building Operations Attendant, one year; Karen
Hines, Finance Manager, five years; and Cynthia Singleton, City Secretary, fifteen
years.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3532
4a Approval of the minutes of the regular City Council meeting of September 4,
2012 .
4b Approval of a bid award for Horticultural Grounds Maintenance Contract to the
Lawn Firm, in an amount not to exceed $145,734, and authorizing the city
manager to execute same, and any associated change orders, in an amount not
to exceed $25,000, and subject to the approval of funding in the Fiscal Year
2013 (FY 2013) budget
4c Approval to renew the Grounds Maintenance Mowing Contract with Whitmore
and Sons, Inc., in an amount not to exceed $137,980.29, and authorize the city
manager to execute same, and any associated change orders, in an amount not
to exceed $25,000, and subject to the approval of funding in the Fiscal Year
2013 (FY 2013) budget
4d Approval of an Interlocal Agreement with Tarrant County for the Jackson Road
and Cheek-Sparger Road Intersection Improvements, and authorize the city
manager to execute the agreement
4e Approval of an Interlocal Agreement with Tarrant County for the John McCain
Road and Pleasant Run Road Intersection Improvements, and authorize the city
manager to execute the agreement
City Council Minutes September 18, 2012
Mayor Kelly read Resolution R-12-3532 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 Muhm moved to approve Resolution R-12-3532 with the following
amendments: amend the September 4, 2012 minutes as follows: Agenda Item 5b,
Ordinance 0-12-1848, Replacing Ordinance 0-10-1755 to update the City of
Colleyville's Investment Policy, Glossary: Federal Deposit Insurance Corporation
(FDIC) - a federal agency that insures bank deposits, currently up to $250,000 per
deposit.
Mayor Pro Tem Hart seconded the motion.
Councilmember Hall made a friendly amendment to correct the Consent Resolution R-
12-3532, agenda item 4c to read as follows: Approval to renew the Grounds
Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to
exceed $137, 980.29.
Councilmember Muhm and Mayor Pro Tem Hart accepted the friendly amendment.
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 0-12-1850
Adoption of the proposed Fiscal Year 2013 (FY 2013) budget
Mayor Kelly read the caption of Ordinance 0-12-1850.
Strategic Services Manager Eric Ellwanger stated this item is for consideration for
approval of the Fiscal Year 2013 budget, and the budget will provide expense
appropriation for the General Fund, Utility Fund, Debt Service Fund, and the Drainage
Utility Fund with a total budget of $35,923,748. The budget preserves or enhances
programs and services identified by citizens as important, while maintaining the
current tax rate of $.3559 per hundred dollars of valuation.
Mayor Kelly opened the public hearing.
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City Council Minutes September 18, 2012
There was no one wishing to speak concerning this item and Mayor Kelly closed the
public hearing.
Mr. Ellwanger stated the majority of the increase of the Fiscal Year 2013 budget over
the Fiscal Year 2012 budget is attributed to street reconstruction and maintenance.
Mr. Ellwanger further stated the City's fund balances far exceed the requirements of
the City's charter and bond rating agencies.
Councilmember Wollin expressed appreciation to citizens for completing the citizen
survey in January and providing the City Council and staff direction, which is reflected
in the budget.
Councilmember Taylor stated the City has 302 days of reserve, has a triple AAA
rating and reduced debt, and expressed appreciation to the citizens for electing the
City Council to represent their interests and commended staff's efforts in managing
the budget during a difficult economic climate.
Mayor Kelly stated the budget is built on citizen priorities and commended staff for
development of the Fiscal Year 2013 budget.
Mayor Kelly moved to approve Ordinance 0-12-1850.
Councilmember Wollin seconded the motion.
Councilmember Muhm expressed support of the budget and stated it represents a
step forward for the City.
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 0-12-1851
Adoption of the Ad Valorem Tax Rate for Fiscal Year 2013 (FY 2013)
Mayor Kelly read the caption of Ordinance 0-12-1851.
Mayor Kelly opened the public hearing.
There was no one wishing to speak concerning this item and Mayor Kelly closed the
public hearing.
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City Council Minutes September 18, 2012
Strategic Services Manager Eric Ellwanger stated the Fiscal Year 2013 proposed tax
rate of $.3559 per hundred dollars of valuation is unchanged from Fiscal Year 2012
and has remained unchanged for six years.
Councilmember Taylor moved to approve Ordinance 0-12-1851.
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
5c Ordinance 0-12-1852
Amending Section 1 of Ordinance 0-11-1805 relating to the Fiscal Year 2012
General Fund budget
Mayor Kelly read the caption of Ordinance 0-12-1852.
Strategic Services Manager Eric Ellwanger stated the proposed ordinance will amend
Section 1 of Ordinance 0-11-1805 of the Fiscal Year 2012 General Fund budget to
authorize the transfer of the unspent Fiscal Year 2012 (FY 2012) General Fund budget
appropriations for street rehabilitation to the Capital Projects Fund, amend the
General Fund budget to provide for the transfer of $200,000 from the General Fund
difference in FY 2012 revenues over expenditures to the Capital Projects Fund for an
update to the City of Colleyville Master Plan; up to $300,000 to the Capital Projects
fund for facility capital maintenance and repair; and, up to $500,000 to the Capital
Projects fund for future street reconstruction. Mr. Ellwanger further stated staff
recommends approval with a motion to increase the transfer to Capital Projects Fund
from $500,000 to $600,000 for future street reconstruction to accommodate the
changes for the Jackson Road and Cheek-Sparger Road improvements. The revised
total for the FY 2012 General Fund budget is $19,458,997.
Mayor Kelly opened the public hearing.
There was no one wishing to speak concerning this item and Mayor Kelly closed the
public hearing.
Councilmember Hall moved to approve Ordinance 0-12-1852, with an amendment to
increase the Capital Projects Fund to $600,000 for street reconstruction.
Councilmember Wollin seconded the motion.
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City Council Minutes September 18, 2012
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
5d Ordinance 0-12-1853
Adoption of the Colleyville Economic Development Corporation Fiscal Year 2013
(FY 2013) Budget
Mayor Kelly read the caption of Ordinance 0-12-1853.
Assistant City Manager and Chief Financial Officer Terry Leake stated the Colleyville
Economic Development Corporation (CEDC) Board adopted the budget on August 28,
2012. The budget replicates the FY 2013 expenditures in the Economic Development
Capital Improvement Program FY 2013 - 2017 adopted by the Board. Ms. Leake
reviewed the proposed capital and operating expenses and stated the rating agencies
believe that an ending fund balance in an approximate amount of $850,000 is a
sufficient amount for this fund and it is projected at the end of FY 2013, the balance
will be above $850,000.
Mayor Kelly opened the public hearing.
There was no one wishing to speak concerning this item and Mayor Kelly closed the
public hearing.
Assistant City Manager Terry Leake reviewed the source of revenue for the CEDC
budget.
Mayor Kelly moved to approve Ordinance 0-12-1853.
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
5e Ordinance 0-12-1854
Consideration of a request for a Special Use Permit for automotive and motor
vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant
Lane, Suite 130, Case ZC12-018
Mayor Kelly read the caption of Ordinance 0-12-1854.
Mayor Kelly opened the public hearing.
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City Council Minutes September 18, 2012
There was no one wishing to speak concerning this item and Mayor Kelly closed the
public hearing.
Community Development Director Ron Ruthven confirmed all automobiles will be
stored inside and any work on the automobiles will be performed inside the building.
Councilmember Hall moved to approve Ordinance 0-12-1854.
Councilmember Wollin seconded the motion.
Mr. Tommy Snyder, 1803 Tarrant Lane, applicant, stated there will not be any noise
associated with storing the vehicles, and the vehicles will not be test driven through
the nearby neighborhoods.
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
5f Ordinance 0-12-1855
Consideration of a request for an amendment to the PUD-C-Planned Unit
Development Commercial zoning and development requirements on Lot 1A,
Block 1, of the Highland Acres Addition located at 412 Timberline Drive North,
Case ZC12-021
Mayor Kelly read the caption of Ordinance 0-12-1855.
Community Development Director Ron Ruthven stated the applicant submitted a
revised landscape plan and the proposed ordinance includes an exhibit, which shows
the property line and location of the cedar fence, and reviewed the fencing
requirements in the proposed ordinance.
Mayor Kelly opened the public hearing.
Mr. David Keener, 575 Southview Trail, Southlake, Texas, applicant, spoke regarding
the revised landscaping plan, type of fencing and maintenance of fence, and
answered questions of the City Council.
Mr. Ricardo Valverde, 408 Timberline Drive North, spoke in support of the proposed
ordinance.
There were no others wishing to speak concerning this item and Mayor Kelly closed
the public hearing.
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City Council Minutes September 18, 2012
Discussion ensued regarding the placement and responsibility of maintaining the
fence, the elevation and grading of the property, and drainage.
Mayor Kelly moved to approve Ordinance 0-12-1855, with the amendment that the
fence with metal support poles, located along the western property line, may be
utilized as the required screening fence, along the western property line, provided the
fence, at a minimum, meets the screening fence requirements in the Land
Development Code. The fence will have a finished cedar face and support poles are
not visible from either side of the fence. If a fence is built between the front of the
main structure and the western property line, the fence will match the required
screening fence materials with a masonry column, composed of the same masonry
material utilized for the exterior wall of the primary building, and built as the corner
post at the front building line where it intersects the western property line. The fence
shall remain in good condition at all times. Maintenance of the fence will be the
responsibility of the property owner. Section 5. 2. Landscaping will be deleted from
the ordinance.
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, Jody Short, and Mike Taylor
Nay: Stan Hall
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-12-3533
Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn
Bural, for a variance regarding the sign regulations for a monument sign on
Tract 1A01A, Abstract 275 and Tract 1A8, Abstract 1248, of the Thomas J
Christian Survey, located at 4608 Colleyville Boulevard, Case GC12-012
Mayor Kelly read Resolution R-12-3533 in its entirety.
Community Development Director Ron Ruthven stated the request for a variance was
approved by the Sign Board of Appeals (SBA) with certain conditions. The applicant
is appealing the SBA conditions "that the sign shall not exceed 10 feet in height, and
the variance will only apply if the sign is utilized by the businesses located at 4602
and 4608 Colleyville Boulevard".
Mayor Kelly opened the public hearing.
Mr. Lynn Bural, 5104 Chelsea, applicant, spoke regarding the location and height of
the sign and answered questions of the City Council.
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City Council Minutes September 18, 2012
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
Mayor Kelly moved to approve Resolution R-12-3533 with the amendment that the
monument sign shall not exceed 12 feet in height.
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
6b Resolution R-12-3534
Approval to award a Tenant Improvement Grant to Home Theater Technologies,
Inc.
Mayor Kelly read Resolution R-12-3534 in its entirety.
Economic Development Director Marty Wieder stated the applicant relocated Home
Theater Technologies, Inc., which sells and installs consumer electronics, security and
central vacuum products and services, from the City of Keller to Colleyville, upgraded
the space with real and personal property improvements valued at $100,000, and
submitted an application for a$15,000 matching City grant for interior tenant
improvements. Mr. Wieder further stated the Architectural Review Commission
recommended approval of the application on June 13, 2012. Mr. Wieder further
stated the Colleyville Citizens Survey indicated a desire for a retail location from
which to purchase electronics in the City.
Mayor Kelly opened the public hearing.
Mr. James Westbrook, 1700 Lacey Oak, Keller, Texas, expressed appreciation for the
grant opportunity, the positive outcome of the relocation to Colleyville, and
commended Marty Wieder for assistance with the business relocation.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
Councilmember Wollin expressed appreciation to Mr. Westbrook for relocating Home
Theater Technologies, Inc., to Colleyville.
Councilmember Hall spoke regarding the excellent customer service provided by
Home Theater Technologies, Inc.
Councilmember Wollin moved to approve Resolution R-12-3534.
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City Council Minutes September 18, 2012
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,
Stan Hall, Jody Short, and Mike Taylor
Nay: Michael Muhm
6c Resolution R-12-3535
Consideration of appointments to the Historical Preservation Committee
Mayor Kelly read Resolution R-12-3535 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 Short nominated Nancy Coplen, Cynthia Phillips and Walt Mills to
serve on the Historical Preservation Committee.
Councilmember Wollin nominated Marilyn Keith for service on the Historical
Preservation Committee.
Councilmember Short moved to approve Resolution R-12-3535, appointing Nancy
Coplen, Cynthia Phillips, Walt Mills, and Marilyn Keith to the Historical Preservation
Committee and the remaining open position will be advertised.
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
6d Resolution R-12-3536
Consideration of appointments to the Library Board
Mayor Kelly read Resolution R-12-3536 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
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City Council Minutes September 18, 2012
Councilmember Wollin nominated Victoria Kennedy-Zeigler, Place 2; Jerome Davis,
Place 4; Pam Jones, Place 6 and Charna Gray, Place 7, and Cecelia Monacelli, ex
officio member representing the Colleyville Public Library Foundation and Kay
Newton, ex officio member representing the Friends of the Colleyville Public Library.
There were no other nominations.
Councilmember Wollin moved to approve Resolution R-12-3536 appointing Victoria
Kennedy-Zeigler, Place 2; Jerome Davis, Place 4; Pam Jones, Place 6; Charna Gray,
Place 7, and Cecilia Monacelli, ex officio member representing the Colleyville Public
Library Foundation, and Kay Newton, ex officio member representing the Friends of
the Colleyville Public Library.
Mayor Kelly 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
6e Resolution R-12-3537
Consideration of appointments to the Metroport Teen Court Advisory Board
Mayor Kelly read Resolution R-12-3537 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 Taylor nominated Brian Loftus and Carrie Stewart to serve on the
Metroport Teen Court Advisory Board.
There were no other nominations.
Councilmember Taylor moved to approve Resolution R-12-3537 appointing Brian
Loftus and Carrie Stewart to the Metroport Teen Court Advisory Board.
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
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City Council Minutes September 18, 2012
6f Resolution R-12-3538
Consideration of appointments to the Planning and Zoning Commission
Mayor Kelly read Resolution R-12-3538 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 Hall nominated Jim Gotcher, Place 1; Jeff Byerly, Place 2; David
Wheelwright, Place 3, and David Phelps, Place 4, to serve on the Planning and Zoning
Commission.
There were no other nominations.
Councilmember Hall moved to approve Resolution R-12-3538, appointing Jim
Gotcher, Place 1; Jeff Byerly, Place 2; David Wheelwright, Place 3, and David Phelps,
Place 4, to serve on the Planning and Zoning Commission.
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, ]ody Short, and Mike Taylor
6g Resolution R-12-3539
Consideration of appointments to the Senior Center Advisory Committee
Mayor Kelly read Resolution R-12-3539 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 Hall nominated Heath Dowell, Charna Gray, Anna King, Debra Minea,
and Molly Skinner to serve on the Senior Center Advisory Committee.
There were no other nominations.
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City Council Minutes September 18, 2012
Councilmember Hall moved to approve Resolution R-12-3539, appointing Heath
Dowell, Charna Gray, Anna King, Debra Minea, and Molly Skinner to serve on the
Senior Center Advisory Committee.
Mayor Kelly 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, ]ody Short, and Mike Taylor
6h Resolution R-12-3540
Consideration of appointments to the Zoning Board of Adjustment
Mayor Kelly read Resolution R-12-3540 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.
Mayor Pro Tem Hart nominated Piers Chance, Place 1; Jason Elms, Place 2; Mike
Leathers, Place 3; Mark Collier, Alternate 1, and Alternate 2, Judson Orlando to serve
on the Zoning Board of Adjustment.
There were no other nominations.
Mayor Pro Tem Hart moved to approve Resolution R-12-3540 appointing Piers
Chance, Place 1; Jason Elms, Place 2; Mike Leathers, Place 3; Mark Collier, Alternate
1, and Alternate 2, Judson Orlando to serve on the Zoning Board of Adjustment.
Mayor Kelly 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
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
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City Council . Minutes September 18, 2012
8. REPORTS
Planning and Zoning Commission Minutes - August 13, 2012
Zoning Board of Adjustment Minutes - August 14, 2012
Sign Board of Appeals Minutes - August 14, 2012
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER
18, 2012 - Reading and Public Hearing - Resolution R-12-3541
This resolution was not needed.
10. AD)OURNMENT
There being no further business before the City Council, Mayor Pro Tem Hart
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 City Council meeting at 10:19 p.m.
APPROVED BY A VOTE OF / AYES, NAYS, AND G7
ABSTENTIONS ON THIS THE ~Y OF 2012.
Minutes ke and epare .
/ . _ i~~~ r . /
C~,(~thia Singleton, TRMC, C
City Secretary
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