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HomeMy WebLinkAboutCity Council-Minutes-11/1/2005 city Of (6 Te xa s CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET NOVEMBER 1, 2005 5:30 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Presentation of the Wellness Program for the Fire Department PC-2. Update of the Workforce Development Sustainability mid-project update PC-3. Discussion of appointing a citizen committee to review and develop a street Capital Improvement Project (CIP) PC-4. Discussion of the November 1, 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 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition Sec. 551.072 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.087 - 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: Lucia Trammel, First United Methodist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - MAYOR FOR A DAY EXECUTIVE SESSION: 3. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2614 4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Traffic Safety Advisory Committee - Brian Leding and Steven Knight PROCLAMATION - In recognition of St, Vincent's Cathedral School - Mrs. Sharon Mayes, Upper School Head PROCLAMATION - In recognition of Mayor for a Day Kathryn Cotton PRESENTATION - In recognition of City of Colleyville business JR's Fine Dining - Johnny Ragland PROCLAMATION - In recognition of Municipal Court Week - October 31-November 4, 2005 - Municipal Court Judge Jim Ames and Municipal Court Administrator Karen Randolph CONSENT: 5. READING AND PUBLIC HEARING - Resolution R-05-2615 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 18, 2005 b. Approval of minutes of the Joint City Council and Planning and Zoning Commission worksession of October 17,2005 c. Approval of the Colleyville Garden project for Sparger Park Veterans' Memorial d. Approval of the disposal of surplus and obsolete vehicles, equipment and computers e. Approval of the project ranking for the Tarrant County Bond Election f. Approval of the purchase of computers for the annual computer replacement program g. Approval of establishing the official population of the City of Colleyville at 21,000 for the purpose of requesting that TxDOT change the city limit signs on SH26 to reflect the current estimated population PUBLIC HEARINGS: 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1551 - Approval of a Zoning Change from CN to R20 on 1.31 acres on Tract A, Block 1, located at 413 Timberline Drive South, Case Z-05-024 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1552 - Approval of a Zoning Change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane, Case Z-05-025 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1553 - Approval of a Special Use Permit to allow horses on Lot 29, Block 4 of the Western Trails Addition, located at 500 Wagonwheel Court, Case Z-05-028 9. READING AND PUBLIC HEARING - Resolution R-05-2616 - Approval to change the date of the second regular City Council meeting in December 2005 CITIZEN COMMENTS: 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 1, 2005 - Reading and Public Hearing - Resolution R-05-2617 ADJOURNMENT 12. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 28, 2005, at 5:00 p.m. c~gleton, 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 NOVEMBER 1, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 1,2005, at 5:32 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Mayor for a Day Kathryn Cotton, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Battalion Chief Russell Shelley, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Operations Manager Kelly Howell, Communications Manager Mona Gandy, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Presentation of the Wellness Program for the Fire Department Battalion Chief Russell Shelley provided an overview of the Wellness Program for the Fire Department and answered questions of the Council. Fire Chief Mike Johnston presented information regarding industry trends for firefighter fitness. PC-2. Update of the Workforce Development Sustainability mid-project update Mr. Matthew Weatherly of Public Sector Personnel Consultants provided an update of the Workforce Development Sustainability Plan and an overview of the process for obtaining employee input. Mr. Weatherly stated that a written summary of the employee survey and focus groups and a final recommendation will be provided to the City Council. CITY COUNCIL MINUTES NOVEMBER 1, 2005 PC-3. Discussion of appointing a citizen committee to review and develop a street Capital Improvement Project (CIP) City Manager Bill Lindley presented information related to the development of a Citizen Street Capital Improvement (CIP) Committee. Discussion ensued regarding the timeline for development of the committee, the scope of the committee and the process of appointment of the committee members. City Manager Bill Lindley stated that an item would be placed on the December 13, 2005, City Council agenda for further discussion of the development and scope of the committee. PC-4. Discussion of the November 1, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor for a Day Kathryn Cotton declared the meeting adjourned at 6:50 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 1, 2005, at 6:55 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Mayor for a Day Kathryn Cotton, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Interim Public Works Director Chad Bartee, Operations Manager Kelly Howell, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Communications Manager Mona Gandy, Municipal Court Judge Jim Ames, Court Administrator Karen Randolph, Computer Technician 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 Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 2 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Sec. 551.072 - Property Acquisition Sec. 551.087 - 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 6:56 p.m. and reconvened at 7:30 p.m. The invocation was given by Lucia Trammel of First United Methodist Church and City Attorney Matthew Boyle led the Pledge of Allegiance. 2. OATH OF OFFICE - MAYOR FOR A DAY City Secretary Cynthia Singleton administered the Oath of Office to Mayor for a Day Kathryn Cotton. Mayor David Kelly and former Mayors Richard Newton, Ed Baker, Frank Whitmire and Donna Arp joined Mayor for a Day Kathryn Cotton at the podium as the Oath was administered. EXECUTIVE SESSION: 3. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2614 This Resolution was not needed. 4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly recognized Brian Leding and Steven Knight for service on the Traffic Safety Advisory Committee. Mr. Leding and Mr. Knight were unable to attend the Council meeting. 3 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Mayor for a Day Kathryn Cotton presented a Proclamation to Mrs. Sharon Mayes, Upper School Head, in recognition of St. Vincent's Cathedral School. Mrs. Mayes expressed appreciation for the honor for Kathryn and the school and commended Kathryn for academic excellence and community involvement. Mayor Kelly presented a Proclamation, a key to the City and letters of congratulation from State Representative Vickie Truitt and Texas State Senator Ken Brimer to Mayor for a Day Kathryn Cotton. Mayor Kelly and Mayor for a Day Cotton recognized City of Colleyville business JR's Fine Dining owned by Johnny Ragland. Mayor Kelly and Mayor for a Day Cotton presented a Proclamation to Municipal Court Judge Jim Ames and Municipal Court Administrator Karen Randolph in recognition of Municipal Court Week, October 31 through November 4, 2005. Judge Ames expressed appreciation to the City and Municipal Court staff for their support. CONSENT: 5. READING AND PUBLIC HEARING - Resolution R-05-2615 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 18, 2005 b. Approval of minutes of the Joint City Council and Planning and Zoning Commission worksession of October 17, 2005 c. Approval of the Colleyville Garden project for Sparger Park Veterans' Memorial d. Approval of the disposal of surplus and obsolete vehicles, equipment and computers e. Approval of the project ranking for the Tarrant County Bond Election f. Approval of the purchase of computers for the annual computer replacement program g. Approval of establishing the official population of the City of Colleyville at 21,000 for the purpose of requesting that TxDOT change the city limit signs on SH26 to reflect the current estimated population 4 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Mayor for a Day Cotton and Mayor Kelly read Resolution R-05-2615 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. City Manager Bill Lindley provided an overview of the process for the project ranking submitted to Tarrant County. Councilman Hendler expressed appreciation to the Garden Club for the beautification projects at Sparger Park Veterans' Memorial and at the City Hall and Library. Councilman Hendler moved to approve Resolution R-05-2615. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried PUBLIC HEARINGS: 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1551 - Approval of a Zoning Change from CN to R20 on 1.31 acres on Tract A, Block 1, located at 413 Timberline Drive South, Case Z-05-024 Mayor Kelly read the caption of Ordinance 0-05-1551. Mayor Kelly opened the public hearing. Mr. Dennis Duffy, 128 Timberline North, spoke in opposition to the proposed ordinance and regarding the zoning of the surrounding neighborhood and in support of R30 zoning. Mr. Jerry Hillard, 5112 Bransford Road, spoke in opposition to the proposed ordinance and regarding a deed dispute related to the property being considered for rezoning. Mr. Robert Thornton, 121 Timberline South, spoke in opposition to the proposed ordinance and regarding the atmosphere of the neighborhood and congratulated Mayor for a Day Kathryn Cotton. 5 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance and provided information contained in the Land Development Code regarding neighborhood development and density. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers requested that the applicant come forward to answer questions regarding the zoning request. The applicant was not present. Mayor Pro Tem Ayers moved to deny Ordinance 0-05-1551. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. .-. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1552 - Approval of a Zoning Change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane, Case Z-05-025 Mayor Kelly read the caption of Ordinance 0-05-1552. Mrs. Carolyn Apodaco and Mr. Ted Apodaco, 303 Morningstar Court, applicants, provided information regarding the development of the property and stated that there is no opposition to the request by the neighbors. Mayor Kelly opened the public hearing. Mr. Jim Moore 1416 Glade Road, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Barry LeBaron provided information regarding the proposed lot layout for lot depth and area requirements and the zoning and development of surrounding properties. Discussion ensued regarding setback requirements and the configuration, zoning and access of surrounding properties. 6 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1552. Councilman Boll seconded the motion. Ayes: Councilpersons Boll and Mayor Pro Tem Ayers Nays: Councilpersons Hendler, Hart and Licata Mayor Kelly declared the motion denied. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1553 - Approval of a Special Use Permit to allow horses on Lot 29, Block 4 of the Western Trails Addition, located at 500 Wagonwheel Court, Case Z-05-028 Mayor Kelly read the caption of Ordinance 0-05-1553. Community Development Manager Barry LeBaron provided the history of the zoning request and the Planning and Zoning Commission action taken regarding this item. Mrs. Susan and Mr. Larry Austin and Michelle Austin, 500 Wagonwheel Court, applicants, spoke regarding the covenants of the subdivision, livestock located in the neighborhood, a petition signed by five neighboring households in support of the zoning request, the size and layout of the lot, neighborhood ambiance, zoning of the surrounding area, the care and maintenance of the horses, and provided an overview of possible scenarios for boarding the horses on their property and answered questions of the Council. Miss Michelle Austin, 500 Wagonwheel Court, spoke regarding the care and maintenance of her horses and involvement in horse related activities. Mayor Kelly opened the public hearing. Mr. Gene Lord, 501 Wagon Wheel Court, spoke in opposition to the proposed ordinance and regarding the odor associated with horses boarded at 500 Wagonwheel Court and the current and proposed zoning of the property related to boarding horses. Mr. James Day, 805 Shelton Drive, spoke in favor of the proposed ordinance and regarding youth activities and responsibilities. Ms. Chris Mudge, 505 Wagonwheel Court, spoke in opposition to the proposed ordinance and the impact of the proposed zoning in the neighborhood. Mr. Don McAlister, 508 Wagonwheel Court, spoke in opposition to the proposed ordinance and the impact of the proposed zoning in the neighborhood. 7 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Ms. Muriely McAllister, 508 Wagonwheel Court, spoke in opposition to the proposed ordinance. Ms. Carol Mason, 504 Wagonwheel Court, spoke in opposition to the proposed ordinance and regarding horses being boarded in front yards. Ms. Jimmie Lord, 501 Wagonwheel Court, spoke in opposition to the proposed ordinance, the configuration of the street, the boarding of horses and the odors associated with horses. Ms. Kathy Hadley, 204 Timberline North, spoke in support of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding barn structures on the property, the configuration of the property, property improvements and neighborhood discussions regarding the proposed zoning. City Attorney Matthew Boyle stated that in the absence of a condition to the contrary, the Special Use Permit would transfer with the sale of the property. Discussion ensued regarding the covenants of the property and deed restrictions. City Manager Bill Lindley stated the City does not review or enforce deed restrictions. Councilman Licata asked the City Attorney if any normal conditions would allow the deed restrictions to not be subordinate to the zoning. City Attorney Matthew Boyle stated that deed restrictions are entirely irrelevent in consideration of zoning considerations and zoning decisions. 9. READING AND PUBLIC HEARING - Resolution R-05-2616 - Approval to change the date of the second regular City Council meeting in December 2005 Mayor Kelly read Resolution R-05-2616 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 Ayers moved to approve Resolution R-05-2616. 8 CITY COUNCIL MINUTES NOVEMBER 1, 2005 Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Allan Werst, 3808 Wayne Drive, spoke regarding the speed limit and speeders on Wayne Drive and options to slow the traffic and stop speeders. Mr. Greg Winslow, 3916 Wayne Drive, spoke regarding the history of zoning and flooding at Cheek Sparger Road and Brown Trail Drive, the construction of a school, a drainage plan and a retention pond, downstream flooding and property values. Mr. James Day, 805 Shelton Drive, expressed appreciation for the service of Planning and Zoning Commissioner Denis Duffy and the traffic speed indicator. ACTION/RESOLUTION: 11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 1, 2005 - Reading and Public Hearing - Resolution R-05-2617 This Resolution was not needed. ADJOURNMENT 12. ADJOURNMENT There being no further business before the City Council, Mayor for a Day Kathryn Cotton indicated a motion was in order to adjourn. Councilman Boll moved to adjourn. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 9:34 p.m. 9 CITY COUNCIL MINUTES NOVEMBER 1, 2005 APPROVED THIS /S'~ DAY OF ~~2005, BY A VOTE OF .!'- AYES, 0 NAYS AND 0 ABSTENTIONS. 10