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HomeMy WebLinkAboutCity Council-Minutes-11/15/2005 city Of e Texas CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET NOVEMBER 15, 2005 5:30 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion and update of the ground water storage tank PC-2. Discussion of drilling regulations PC-3. Presentation of the Citizen Relationship Management (CRM) program and City website development project update PC-4. Presentation of the Monthly Financial Report - October 2005 PC-5. Presentation of the Quarterly Investment Report PC-6. Discussion of the November 15, 2005, City Council regular agenda items 6:35 P.M. SIDEWALK COMMITTEE APPLICANT INTERVIEW REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 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 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 Sec. 551.072 - Sec. 551.087 - 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Sister Theresa Khirallah, Good Shepherd Catholic 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-05-2618 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2619 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 1, 2005 b. Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 15, Block 6 of the Windview Estates Addition located at 4007 Stonehaven Drive, Case G-05-013 c. Approval to authorize the City Manager to annually submit a request to TxDOT to adopt population changes based on the U.S. Census Bureau or North Central Texas Council of Governments' estimates PUBLIC HEARINGS: 5. SECOND 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 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1554 - Approval of a Zoning Change from AG Agricultural to R40 Single Family Residential on Lot 1, Block 1 of the Newgren Addition located at 200 John McCain Road, Case Z-05-029 7. READING AND PUBLIC HEARING - Resolution R-05-2620 - Consideration of appointment to the Colleyville Sidewalk Committee 8. READING AND PUBLIC HEARING - Resolution R-05-2621 - Casting votes for electing members to the Tarrant Appraisal District Board of Directors 9. READING AND PUBLIC HEARING - Resolution R-05-2622 - Denial of Gas Reliability Infrastructure Program (GRIP) Rate Request by Atmos Energy Corporation, Mid-Tex Division 10. READING AND PUBLIC HEARING - Resolution R-05-2623 - Approval of ordering Atmos Energy, Mid-Tex Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City of Colleyville 11. READING AND PUBLIC HEARING - Resolution R-05-2624 - Approval of an Exchange Agreement between Time Warner Cable, Inc. and Com cast Corporation to transfer the cable system owned and operated by Comcast Corporation within the City to an indirect subsidiary of Time Warner Cable, Inc. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA This item is provided for citizens to address the City Council on matters not on the agenda. Each presentation will be limited to five (5) minutes. State law requires that before the City Council can discuss or take action on an item, the specific subject must be posted in advance. Therefore, while the City Council is interested in your comments, the City Council cannot enter into discussions or take action on your request at this meeting. REPORTS: 13. PARKS AND RECREATION ADVISORY BOARD MINUTES - October 3,2005 PLANNING AND ZONING COMMISSION MINUTES - October 10, 2005 COLLEYVILLE TREE BOARD MINUTES - November 1, 2004 ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 15, 2005 - Reading and Public Hearing - Resolution R-05-2625 ADJOURNMENT 15. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 11, 20;n~~r 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 NOVEMBER 15, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on November 15, 2005, at 5:30 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler and Tom Hart were present. Mayor Pro Tem Jon Ayers, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Brian Chapman, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor David Kelly was absent. PC-1. Discussion and update of the ground water storage tank Interim Public Works Director Chad Bartee provided an overview of the proposed design of the ground water storage tank and funding options. Mr. Bartee further stated that the various design elements include burying the tank approximately twelve feet, a flat tank roof design, painting the tank a color that blends into the surroundings and providing for a berm adjacent to the tank with tree plantings. City Manager Bill Lindley stated that staff will continue to provide periodical updates to neighborhood groups and a select number of citizens from the group will select components of the ground storage tank design. Discussion ensued regarding the maintenance of the tank and future ground water tank storage needs. .,"- CITY COUNCIL MINUTES NOVEMBER 15, 2005 PC-2. Discussion of drilling regulations Budget and Administrative Services Manager Stephen Seidel provided an overview of the history of the Barnet Shale, revenue potential and the environmental impact of gas drilling. Mr. Seidel introduced Management Assistant Brian Chapman. City Attorney Matthew Boyle provided a legal review of natural gas drilling and stated that the City has full legislative authority to regulate and to prohibit gas drilling. Community Development Coordinator Chris Fuller provided an overview of the gas well drilling regulations and on-site requirements and answered questions of the Council. Council requested information regarding the status of parkland grants related to drilling on parkland. Council determined that staff should proceed to develop an ordinance that establishes regulations for gas well drilling and production. PC-3. Presentation of the Citizen Relationship Management (CRM) program and City website development project update Assistant City Manager Paul Frederiksen presented an update of the Citizen Relationship Management (CRM) program and City website development project and answered questions of the Council. Mr. Frederiksen stated that the citizen module of the CRM program and the website would be launched in December 2005. PC-4. Presentation of the Monthly Financial Report - October 2005 Finance Director Terry Leake presented the October 2005 Monthly Financial Report. PC-5. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report. PC-6. Discussion of the November 15, 2005, City Council regular agenda items There was general discussion of Agenda item 8 regarding electing members to the Tarrant Appraisal District Board of Directors. 2 CITY COUNCIL MINUTES NOVEMBER 15, 2005 There being no further business, Mayor Pro Tem Jon Ayers declared the meeting adjourned at 6:44 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on November 15, 2005, at 6:52 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler and Tom Hart were present. Mayor Pro Tem Jon Ayers, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Brian Chapman, Communications Manager Mona Gandy, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor David Kelly was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.072 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition 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 Sec. 551.071 - Mayor Pro Tem Ayers explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 I 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 6:53 p.m. and reconvened at 7:35 p.m. The invocation was given by Reverend Lee Johnson of Bear Valley Community Church and City Attorney Matthew Boyle led the Pledge of Allegiance. 3 CITY COUNCIL MINUTES NOVEMBER 15, 2005 ~- EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2618 This Resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Pro Tem Ayers announced that the regular City Council meeting of December 20, 2005 has been rescheduled to December 13, 2005. Councilman Hendler expressed appreciation to Grapevine High School for the Veteran's Day Celebration event. Councilman Hendler stated that the Blue Shoe Project sponsored a Veteran's Day event at Tarrant County College and reminded us what freedom brings us. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2619 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 1, 2005 b. Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 15, Block 6 of the Windview Estates Addition located at 4007 Stonehaven Drive, Case G-05-013 c. Approval to authorize the City Manager to annually submit a request to TxDOT to adopt population changes based on the U.S. Census Bureau or North Central Texas Council of Governments' estimates Mayor Pro Tem Ayers read Resolution R-05-2619 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Mr. Michael Turner, 217 Brazil Drive, Hurst, Texas, applicant, spoke regarding the request for waiver for the construction or escrow of funds for sidewalks at 4007 Stonehaven Drive. - There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. 4 CITY COUNCIL MINUTES NOVEMBER 15, 2005 Councilman Hart moved to approve Resolution R-05-2619. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried PUBLIC HEARINGS: 5. SECOND 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 Pro Tem Ayers read the caption of Ordinance 0-05-1553. Community Development Manager Barry LeBaron stated that two letters in support of the Special Use Permit were received on November 15, 2005. Ms. Susan and Michelle Austin, 500 Wagonwheel Court, applicants, provided information from neighbors in support of the Special Use Permit and a proposal for the boarding area for the horses. Mayor Pro Tem Ayers opened the public hearing. Mr. Byron Trotter, 504 Wagonwheel Court, spoke in opposition to the proposed ordinance. Mr. Don McAllister, 508 Wagonwheel Court, spoke in opposition to the proposed ordinance and regarding the amount of land necessary for boarding horses and safety issues. Ms. Muriely McAllister, 508 Wagonwheel Court, spoke in opposition to the proposed ordinance. Mr. James Day, 805 Shelton Drive, spoke in favor of the proposed ordinance and regarding the development of youth and the amount of land necessary for boarding horses. Ms. Judy Newgren, 200 John McCain Road, spoke in favor of the proposed ordinance and regarding property values. Mr. Hank Smyth, 512 Wagonwheel Court, spoke in favor of the proposed ordinance and regarding the rural atmosphere of the neighborhood. 5 CITY COUNCIL MINUTES NOVEMBER 15, 2005 Ms. Chris Mudge, 505 Wagonwheel Court, spoke in opposition to the proposed ordinance and regarding the rural atmosphere of the neighborhood, the violation of City codes and the boarding area for the horses. Ms. Jimmy Lord, 501 Wagonwheel Court, spoke in opposition to the proposed ordinance and regarding the actions of the Austin family related to boarding horses, the general land use ordinance and regarding livestock in the neighborhood. Mr. Gene Lord, 501 Wagonwheel Court, spoke in opposition to the proposed ordinance and regarding discussions with Mr. Austin related to boarding horses. Ms. Carol Mason, 504 Wagonwheel Court, spoke in opposition to the proposed ordinance and regarding the violation of City ordinances. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. ,- Discussion ensued regarding number of horses in the neighborhood, liability insurance requirements, watering restrictions, the boarding area for horses on the Austin property, the zoning history of the neighborhood, the interpretation of the phrase "keeping of the horse" , incidental use, actions that triggers enforcement provisions and a timeline for allowing horses on the property. City Attorney Matthew Boyle stated that "in addition to including a timeframe restriction on this SUP, you could, through the strict language in the ordinance itself limit the applicability of the SUP to the applicant's proper." City Attorney Boyle stated that the enactment and enforceability of zoning should always be in the interest of protecting the health, safety and welfare of the public. Councilman Hendler moved to approve Ordinance 0-05-1553 with the amendment, for a term of not more than four years. Mayor Pro Tem Ayers made a friendly amendment to include for a term of four years or the sale of the property. Councilman Hendler accepted the friendly amendment. Mayor Pro Tem Ayers seconded the motion. Mayor Pro Tem Ayers clarified that if the Austin's sell the property, the Special Use Permit expires. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers , Nays: Councilperson Licata 6 ~,_"""~~""~,,,,,*,,"'"-""_'~"~'~r,_~~~<,,,,,____"""'~'..._M_ - ,-"--,~,,_,,~~________,~-,,,,_,_,___,,-~._~~,___'___ CITY COUNCIL MINUTES NOVEMBER 15, 2005 Mayor Pro Tem Ayers declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1554 - Approval of a Zoning Change from AG Agricultural to R40 Single Family Residential on Lot 1, Block 1 of the Newgren Addition located at 200 John McCain Road, Case Z-05-029 Mayor Pro Tem Ayers read the caption of Ordinance 0-05-1554. Community Development Manager Barry LeBaron provided an overview of the request for a Zoning Change, the proposed layout of the property and the action of the Planning and Zoning Commission. Mr. Dennis Newgren, 200 John McCain Road, provided a summary of the plans for the property. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. 7. READING AND PUBLIC HEARING - Resolution R-05-2620 - Consideration of appointment to the Colleyville Sidewalk Committee Mayor Pro Tem Ayers read Resolution R-05-2620 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Hart nominated Jack Olsen Councilman Boll seconded the nomination. There were no other nominations. Mayor Pro Tem Ayers called for a vote and declared that Mr. Olsen is appointed to the Sidewalk Committee by acclamation. To further clarify the appointment of Mr. Olsen to the Sidewalk Committee, Mayor Pro Tem Ayers moved to approve Resolution R-05-2620. 7 CITY COUNCIL MINUTES NOVEMBER 15, 2005 ,- Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-05-2621 - Casting votes for electing members to the Tarrant Appraisal District Board of Directors Mayor Pro Tem Ayers read Resolution R-05-2621 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Boll nominated John T. Eubanks and proposed that 21 votes be cast for Mr. Eubanks. There were no other nominations. Mayor Pro Tem Ayers moved to approve Resolution R-05-2621. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-05-2622 - Denial of Gas Reliability Infrastructure Program (GRIP) Rate Request by Atmos Energy Corporation, Mid-Tex Division Mayor Pro Tem Ayers read Resolution R-05-2622 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Ms. Mary Jean Maloney, Manager of Public Affairs, Atmos Energy, 800 East Border Street, Arlington, Texas, spoke in support of Atmos Energy and recommends denial to provide for the Railroad Commission to maintain uniform rates. 8 CITY COUNCIL MINUTES NOVEMBER 15, 2005 There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Boll moved to approve Resolution R-05-2622. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-05-2623 - Approval of ordering Atmos Energy, Mid-Tex Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City of Colleyville Mayor Pro Tem Ayers read Resolution R-05-2623 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Ms. Mary Jean Maloney, Manager of Public Affairs, Atmos Energy, Mid-Tex Division, spoke regarding the increase in gas rates and stated that the increase is based on delivery of the product. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Boll moved to approve Resolution R-05-2623. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-05-2624 - Approval of an Exchange Agreement between Time Warner Cable, Inc. and Com cast Corporation to transfer the cable system owned and operated by Comcast Corporation within the City to an indirect subsidiary of Time Warner Cable, Inc. Mayor Pro Tem Ayers read Resolution R-05-2624 in its entirety. 9 CITY COUNCIL MINUTES NOVEMBER 15, 2005 Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Budget and Administrative Services Manager Stephen Seidel provided an overview of the Exchange Agreement. City Attorney Boyle stated that the most favored nation's provision saying that if anyone else who might otherwise be disputing this particular transfer, if they subsequently achieve a greater or superior guarantee, we are entitled to all the benefits of such guarantee under that particular cause. City Manager Bill Lindley stated that this action provides for greater protection and local regulatory control. Councilman Licata moved to approve Resolution R-05-2624. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. City Manager Bill Lindley commended Budget and Administrative Services Manager Stephen Seidel for the management of the local franchise authority issues. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA This item is provided for citizens to address the City Council on matters not on the agenda. Each presentation will be limited to five (5) minutes. State law requires that before the City Council can discuss or take action on an item, the specific subject must be posted in advance. Therefore, while the City Council is interested in your comments, the City Council cannot enter into discussions or take action on your request at this meeting. REPORTS: 13. PARKS AND RECREATION ADVISORY BOARD MINUTES - October 3,2005 PLANNING AND ZONING COMMISSION MINUTES - October 10, 2005 COLLEYVILLE TREE BOARD MINUTES - November 1, 2004 10 CITY COUNCIL MINUTES NOVEMBER 15, 2005 There was no action taken on this item. ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 15, 2005 - Reading and Public Hearing - Resolution R-05-2625 This Resolution was not needed. ADJOURNMENT 15. ADJOURNMENT There being no further business before the City Council, 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 Pro Tem Ayers declared the meeting adjourned at 9:22 p.m. APPROVED THIS ~ Y;{ DAY OF .[).e.~ 2005, 5 AYES, D NAYS AND 0 ABSTENTIONS. BY A VOTE OF Minutes taken and prepared by: ~~~ City Secretary 11