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HomeMy WebLinkAboutCity Council-Minutes-8/16/2005 city of Te xa 5 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET AUGUST 16,2005 5:30 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of Citizen Budget Education Day PC-2. Discussion of planning efforts by Keep Colleyville Beautiful Committee PC-3. Presentation of the Monthly Financial Report - July 2005 PC-4. Presentation of the Quarterly Investment Report PC-5. Discussion of the August 16, 2005, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Sec. 551.071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.087 - Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 Colleyville Boulevard Personnel - City Manager's Performance Evaluation Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Neda Moayad of Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2579 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Sidewalk Committee - Mrs. Dulce Moore CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2580 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 3, 2005 b. Approval of a Preliminary Plat for Preston Oaks Addition on 83.7 acres located at 6816 Murphy Road, Case P-05-029 c. Approval of a Contract with Pattillo, Brown & Hill, L.L.P., for audit services for fiscal year ended September 30, 2005 d. Approval of a Lease Agreement with Municipal Services Group, Inc. for an asphalt distributor and mini excavator/skid steer loader e. Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields f. Approval to Purchase eleven (11) mobile lap top computers for the Police Department patrol vehicles through the Texas Local Government Statewide Purchasing Cooperative BuyBoard, in the amount of $54,369 PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1535 - Approval of a Special Use Permit for a covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at 3609 Cliffwood Drive, Case Z-05- 020 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1536 - Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on 0.8 acres of the S. Cotrail Survey, Abstract 328, located at 2212 Glade Road, Case Z-05-021 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1537 - Approval of a Special Use Permit for alcoholic beverage sales on Lot 3, Block 3, Village Park Addition, located at 4913 Colleyville Boulevard, Case Z-05-023 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1538 - Approval of an Amendment to Chapter 3, Land Use regulations of the Colleyville Land Development Code regarding movie theatres, Case Z-05-019 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1539 - Approval of replacing Ordinance 0-05-1518 for the establishment of school zones within the City of Colleyville 10. READING AND PUBLIC HEARING - Resolution R-05-2581 - Consideration of appointments to the Historical Preservation Committee 11. READING AND PUBLIC HEARING - Resolution R-05-2582 - Approval of a Construction Contract with C. Green Scaping, L.P., for the McPherson Park Trail Project, in the amount of $109,360 12. READING AND PUBLIC HEARING - Resolution R-05-2583 - Approval of the project list for the 2006 Tarrant County Bond Election 13. READING AND PUBLIC HEARING - Resolution R-05-2584 - Approval of a Proposal to set the tax rate for FY 2006 at $.3474 per hundred dollars of valuation and setting dates for two public hearings on the FY 2006 tax rate REPORTS: 14. PLANNING AND ZONING COMMISSION MINUTES - July 11,2005 PARKS AND RECREATION ADVISORY BOARD MINUTES - July 11,2005 ZONING BOARD OF ADJUSTMENT MINUTES - July 14, 2005 LIBRARY BOARD MINUTES - July 18, 2005 PLANNING AND ZONING COMMISSION MINUTES - July 25, 2005 CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 16, 2005 - Reading and Public Hearing - Resolution R-05-2585 ADJOURNMENT 17. ADJOURNMENT Cynthia Singleton, TRMC 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. ,~ MINUTES OF THE CITY COUNCIL MEETING AUGUST 16, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 16, 2005, at 5:37p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen Finance Director Terry Leake, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Financial Analyst Kacey Bess, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. - Councilman Tom Hart was absent. PC-1. Discussion of proposed FY2006 Budget City Manager Bill Lindley provided an overview of events and summary of information provided by departments during the Citizen Budget Education Day held on Saturday, August 13, 2005, at the Colleyville Center. Mr. Lindley reported that the budget presentation is provided on the City's cable channel 15 and citizens may submit emails regarding the City's budget to 2006budget@colleyville.com. Council determined that a follow-up budget worksession is not necessary. PC-2. Discussion of planning efforts by the Keep Colleyville Beautiful Committee - CITY COUNCIL MINUTES AUGUST 16, 2005 Councilman Hendler provided information regarding the work plans and the name change of Colleyville Proud to the Keep Colleyville Beautiful Committee. Councilman Hendler reported that Chair Roger Nelson is organizing efforts to affiliate the City with the Keep American Beautiful program. City Manager Bill Lindley spoke regarding the establishment and structure of the committee and public and private funding opportunities for the organization. Councilman Hendler expressed appreciation to City Manager Bill Lindley for support of the program. Councilman Hendler expressed appreciation to City Secretary Cynthia Singleton for the design and production of the Colleyville Board, Commission and Committee brochure. PC-3. Presentation of the Monthly Financial Report - July 2005 Finance Director Terry Leake presented the July Monthly Financial Report and answered questions of the Council. ,,- PC-4. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report and answered questions of the Council. PC-5. Discussion of the August 16, 2005, City Council regular agenda items There was discussion of Item 7 regarding whether the Special Use Permit for alcoholic beverage sales is specific to the property. Police Chief Tommy Ingram displayed the mobile lap top computer that is proposed for purchase for the Police Department. Parks and Recreation Director Monica Walsh provided information regarding field conditions and costs of maintaining the game fields for practice. There was a general discussion regarding the benefits of computerized lighting of the fields. There being no further business, Mayor Kelly declared the meeting adjourned at 6: 1 0 p.m. 2 CITY COUNCIL MINUTES - AUGUST 16, 2005 The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on August 16, 2005, at 6:45 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen Finance Director Terry Leake, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Financial Analyst Kacey Bess, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Tom Hart was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 Colleyville Boulevard Personnel - City Manager's Performance Evaluation Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:45 p.m. and reconvened at 7:36 p.m. The invocation was given by Neda Moayad of Colleyville Baha'i Community and City Attorney Matthew Boyle led the Pledge of Allegiance. - 3 CITY COUNCIL MINUTES AUGUST 16, 2005 EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2579 This resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly recognized Ms. Dulce Moore for service on the Sidewalk Committee and Mr. Moore accepted the plaque on her behalf. Mayor Kelly welcomed and introduced Ms. Mona Gandy, who joined the City as Communications Manager. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2580 - Consent Items: ,~ a. Approval of minutes of the regular City Council meeting of August 3, 2005 b. Approval of a Preliminary Plat for Preston Oaks Addition on 83.7 acres located at 6816 Murphy Road, Case P-05-029 c. Approval of a Contract with Pattillo, Brown & Hill, L.L.P., for audit services for fiscal year ended September 30, 2005 d. Approval of a Lease Agreement with Municipal Services Group, Inc. for an asphalt distributor and mini excavator/skid steer loader e. Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields f. Approval to Purchase eleven (11) mobile lap top computers for the Police Department patrol vehicles through the Texas Local Government Statewide Purchasing Cooperative BuyBoard, in the amount of $54,369 Mayor Kelly read Resolution R-05-2580 in its entirety. Community Development Manager Barry LeBaron provided an overview of the Preliminary Plat of the Preston Oaks Addition. 4 CITY COUNCIL MINUTES AUGUST 16, 2005 Police Chief Tommy Ingram displayed the mobile lap top computer that is proposed for purchase for the Police Department. Councilman Hendler stated support of the waiver for use of the game fields for practice by the Colleyville Girl's Softball Association and spoke regarding the future use of the fields to maximize the management of resources for field maintenance. 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 Ayers moved to approve Resolution R-05-2580. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1535 - Approval of a Special Use Permit for a covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at 3609 Cliffwood Drive, Case Z-05- 020 Mayor Kelly read the caption of Ordinance 0-05-1535. 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 Ayers moved to approve Ordinance 0-05-1535. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. ,- 5 CITY COUNCIL MINUTES AUGUST 16, 2005 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1536 - Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on 0.8 acres of the S. Cotrail Survey, Abstract 328, located at 2212 Glade Road, Case Z-05-021 Mayor Kelly read the caption of Ordinance 0-05-1536. 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 Ayers moved to approve Ordinance 0-05-1536. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1537 - Approval of a Special Use Permit for alcoholic beverage sales on Lot 3, Block 3, Village Park Addition, located at 4913 Colleyville Boulevard, Case Z-05-023 Mayor Kelly read the caption of Ordinance 0-05-1537. Community Development Manager Barry LeBaron provided an overview of the request for the Special Use Permit and stated that the Planning and Zoning Commission unanimously approved the request. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the specifics and requirements of the Special Use Permit. Mr. Von Husbands, 4913 Colleyville Boulevard, applicant, spoke regarding the Texas Alcoholic Beverage Commission requirements for a state license and alcoholic beverage sales. 6 CITY COUNCIL MINUTES AUGUST 16, 2005 City Manager Bill Lindley reported that the City of Colleyville Special Local Option Election ballot language requires the applicant to purchase a permit that allows the sell of mixed beverages and beer and wine. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1538 - Approval of an Amendment to Chapter 3, Land Use regulations of the Colleyville Land Development Code regarding movie theatres, Case Z-05-019 Mayor Kelly read the caption of Ordinance 0-05-1538. Community Development Manager Barry LeBaron provided an overview of the Land Development Code regarding the limitations of the size and number of screens in a movie theatre. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. ,- 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1539 - Approval of replacing Ordinance 0-05-1518 for the establishment of school zones within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-05-1539. Police Chief Tommy Ingram provided information related to the proposed amendment related to speed limits and school zones. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 10. READING AND PUBLIC HEARING - Resolution R-05-2581 - Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-05-2581 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. 7 CITY COUNCIL MINUTES AUGUST 16, 2005 - Mayor Kelly opened the floor for nominations for the first position on the Historical Preservation Committee. Mayor Pro Tem Ayers moved to approve Resolution R-05-2581, appointing Nelson Thibodeaux, Sammie Bolling, Ed Havran and Joe Deupree to the Historical Preservation Committee. Councilman Hendler seconded the motion. Mayor Pro Tem Ayers announced that the Historical Preservation Committee is planning the City of Colleyville 50th Anniversary event, producing and marketing the Colleyville History Book and evaluating locations for historic markers. Councilman Hendler announced that applications will be accepted through September 6, 2005, for an additional open position on the Historical Preservation Committee and invited citizens to submit a family biography for inclusion in the Colleyville History Book. Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. ,"- 11. READING AND PUBLIC HEARING - Resolution R-05-2582 - Approval of a Construction Contract with C. Green Scaping, L.P., for the McPherson Park Trail Project, in the amount of $109,360 Mayor Kelly read Resolution R-05-2582 in its entirety. Public Works Director Keith Fisher provided an overview of the McPherson Park Trail Improvements project and stated that the design was completed in-house saving approximately $15,000 in design fees. Councilman Licata stated that the trail provides a secure and safe pathway for children to attend school. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hendler moved to approve Resolution R-05-2582. Councilman Licata seconded the motion. ,- 8 CITY COUNCIL MINUTES AUGUST 16, 2005 ,- Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-05-2583 - Approval of the project list for the 2006 Tarrant County Bond Election Mayor Kelly read Resolution R-05-2583 in its entirety. Public Works Director Keith Fisher provided information regarding the submittal process of projects for the consideration by Tarrant County and the timeframe for acceptance by the County. Mayor Kelly opened the public hearing. City Manager Bill Lindley stated that one of the main priorities of the Council is streets and intersection improvements. ,....-.. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2583. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-05-2584 - Approval of a Proposal to set the tax rate for FY 2006 at $.3474 per hundred dollars of valuation and setting dates for two public hearings on the FY 2006 tax rate Mayor Kelly read Resolution R-05-2584 in its entirety. Finance Director Terry Leake provided a summary of changes in the legislature related to the Texas Property Tax Code. Ms. Leake reported that recently passed legislation requires that notices and two public hearings be held before the public hearing to adopt the tax rate is held, if the proposed tax rate is greater than the effective tax rate. The 9 CITY COUNCIL MINUTES AUGUST 16, 2005 first meeting will be held on Tuesday, August 30, 2005 at 6:30 p.m. and the second meeting will be held on Tuesday, September 6, 2005 at 7:30 p.m. The tax rate is proposed to be adopted on Tuesday, September 20, 2005. 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 Ayers moved to approve Resolution R-05-2584. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. REPORTS: 14. PLANNING AND ZONING COMMISSION MINUTES - July 11, 2005 PARKS AND RECREATION ADVISORY BOARD MINUTES - July 11, 2005 ZONING BOARD OF ADJUSTMENT MINUTES - July 14, 2005 LIBRARY BOARD MINUTES - July 18, 2005 PLANNING AND ZONING COMMISSION MINUTES - July 25, 2005 There was no action taken on this item. CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 16, 2005 - Reading and Public Hearing - Resolution R-05-2585 This item was not needed. 10 CITY COUNCIL MINUTES AUGUST 16, 2005 ADJOURNMENT 17. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Councilman Licata seconded the motion. Ayes: Council persons Boll, Licata, Hendler and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:23 p.m. APPROVED THIS ~~ DAY OF~~2005. BY oS AYES, 0 NAYS AND 0 ABSTENTIONS. A VOTE OF M~;z~~ Cynthia Singleton, TRMC City Secretary 11