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HomeMy WebLinkAboutCity Council-Minutes-12/6/2005 city of Texas CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET DECEMBER 6, 2005 6:00 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Presentation of the NeighborWoods Tree Planting Program PC-2. Storm water Update PC-3. Presentation of the Economic Development Quarterly Report PC-4. Discussion of the December 6, 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 Property - Proposed Sale of Land - 5400 Bransford Road Sec. 551.072 - 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: Bishop David Larsen, Church of Jesus Christ of Latter Day Saints 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-05-2626 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PRESENTATION - Donation of $20,000 from Verizon Foundation to the Friends of the Colleyville Public Library to purchase computers and carts for a computer learning center in the Colleyville Public Library - Carol Wollin and Susan Taylor, Friends of the Colleyville Public Library and Steve Banta, Verizon Group President of the Northwest and Southwest Region and Bob Curtis, Director of External Affairs PRESENTATION - In recognition of City of Colleyville business Ambiance Accents - Jason Guanlao, Imelda Boyd and Geo Canizales PRESENTATION - In recognition of City employees for years of service CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2627 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 15, 2005 b. Approval of a temporary asphalt sidewalk on McDonwell School Road c. Approval of a donation of labor and materials, by The Lawn Firm, Inc., for a project at Sparger Park PUBLIC HEARINGS: 5. SECOND 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 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1555 - Approval of a Special Use Permit for a contractor office with an outside storage yard on Lot 11, Block 1, of the Colleyville Industrial Park Addition located at 1813 Industrial Boulevard, Case Z-05-030 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1556 - Approval of a Special Use Permit to allow for horses on Lot 8, Block 7, of the Brighton Oaks Addition, located at 2705 Sherwood Lane, Case Z-05-031 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1557 - Approval of a Zoning Change from R40 Single Family Residential to CPO Professional Office with a Special Use Permit for a privately operated school on Lot 1, Block 3, of the Southgate Addition located at 909 Cheek Sparger Road, Case Z-05-027 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1558 - Approval of an Amendment to Chapter 14 - Engineering Design Standards of the Land Development Code regarding detention/retention ponds, Case G-05-012 CITIZEN COMMENTS: 10. 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: 11. COLLEYVILLE CENTER ADVISORY COMMITTEE MARKETING SUBCOMMITTEE MINUTES - April 11, 2005 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - August 29, 2005 ZONING BOARD OF ADJUSTMENT MINUTES - September 13, 2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - October 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - October 24, 2005 ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 6, 2005 - Reading and Public Hearing - Resolution R-05-2628 ADJOURNMENT 13. ADJOURNMENT 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 DECEMBER 6, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 6, 2005, at 6: 15 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Management Intern Lorenzo Sanchez, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Presentation of the NeighborWoods Tree Planting Program Management Intern Lorenzo Sanchez provided an overview of the Neighborhood Tree Planting Program and answered questions of the Council. Discussion ensued regarding the placement of the trees, future funding sources for the program, joint efforts with the Local Urban Forestry Council and the Metroport Teen Court program. Council requested that staff provide a map of locations for tree plantings. PC-2. Storm water Update Interim Public Works Director Chad Bartee provided a storm water update, the process for obtaining a general permit authorizing discharges from small municipal separate storm sewer systems into surface water and answered questions of the Council. CITY COUNCIL MINUTES DECEMBER 6, 2005 Discussion ensued regarding potential fees, the purpose of the permit and methods of identifying permit violations and educating the public regarding program requirements. PC-3. Presentation of the Economic Development Quarterly Report There was no discussion of this item. PC-4. Discussion of the December 6, 2005, City Council regular agenda items There was general discussion regarding Item 8, related to the request by the applicant to withdraw the item. There being no further business, Mayor David Kelly declared the meeting adjourned at 6:53 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 6, 2005, at 6:57 p.m. ,"'-'. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Police Lieutenant Rodney Ingram, Sergeant Tom Schneider, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Library Director Mary Rodne, Adult Services Librarian Erica Gill, Parks and Recreation Director Monica Walsh, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, 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 Property Acquisition Property - Proposed Sale of Land - 5400 Bransford Road Sec. 551.072 - Sec. 551.072 - 2 CITY COUNCIL MINUTES DECEMBER 6,2005 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 6:57 p.m. and reconvened at 7:35 p.m. The invocation was given by Councilman Tony Licata and City Attorney Matthew Boyle led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2626 There was no action taken on this item. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced that the second City Council meeting in December has been rescheduled to December 13, 2005. Mayor Kelly, on behalf of the City Council, expressed appreciation for the planning efforts of the 7th annual Celebrate Colleyville event by the Celebrate Colleyville Steering Committee members Jamie Thibodeaux, Linda Baker, Ed Baker, Leslie Frazier, Stanley Hall, Allison Hinman, Michael Muhm, Richard Myers, Judy Myre, Mike Taylor and Tom Westerman and Mayor Pro Tem Jon Ayers, Council liaison to the Committee, Communications Manager Mona Gandy, Parks and Recreation Department staff, Police and Fire personnel and Public Works Department staff. Councilman Hendler commended the Lions Club for hosting the Breakfast with Santa event. Mayor Kelly invited the public to attend the Metro Cinema/IMAX groundbreaking ceremony to be held December 8,2005, at 11 :30 a.m. at Colleyville Town Center. - 3 CITY COUNCIL MINUTES DECEMBER 6, 2005 Mr. Steve Banta, Verizon Group President of the Northwest and Southwest Region and Bob Curtis, Director of External Affairs presented a donation, on behalf of the Verizon Foundation, of $20,000 to Carol Wollin and Susan Taylor on behalf of the Friends of the Colleyville Public Library for the purchase of computers and carts for a computer learning center in the Colleyville Public Library. Ms. Carol Wollin expressed gratitude to the Mayor and the City Council for the opportunity to make this presentation. Ms Wollin spoke regarding the benefits of a computer learning center and expressed appreciation to the Verizon Foundation for the donation of $20,000, in addition to three previous donations for a total of $69,230, to the Friends of the Colleyville Public Library. Library Director Mary Rodne expressed appreciation to the Verizon Foundation for the generous donations and to the Friends of the Public Library for their support of the Colleyville Public Library. Mayor Kelly presented a Certificate of Appreciation to Mr. Jason Guanlao, proprietor of Ambiance Accents. Mr. Guanlao expressed appreciation to the community for the support and recognition. Mayor Kelly presented Certificates of Recognition and Appreciation, for years of service, to City employees John Schanot, Erica Gill, Chris Pena, Tommy Ingram, Robert Stewart, Tommy Schneider and Rodney Cunningham and recognized those employees unable to attend: Chad Beasley, Justin Doegey, Amy Shelley, Chris McCord, Deon Dumas, Don Baker, Dorcas Kirk, Sammie Bolling, Bill Hudgins, Kevin Maddux, James Watkins and David Majors. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2627 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 15, 2005 b. Approval of a temporary asphalt sidewalk on McDonwel1 School Road c. Approval of a donation of labor and materials, by The Lawn Firm, Inc., for a project at Sparger Park Mayor Kelly read Resolution R-05-2627 in its entirety. Mayor Kelly opened the public hearing. 4 CITY COUNCIL MINUTES DECEMBER 6, 2005 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Parks and Recreation Director Monica Walsh reported that the proposed donation of labor and materials by The Lawn Firm, Inc., is valued at approximately $3,000 and provided information regarding the Sparger Park project planned by the Garden Club. Mayor Pro Tem Ayers moved to approve Resolution R-05-2627, with the modifications to the minutes as provided by the City Secretary, and commended Mr. Fred Monks and Mr. Tommy Monks of The Lawn Firm, Inc., for the generous donation of labor and materials. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried The City Council unanimously agreed to consider Item 8 at this time. - PUBLIC HEARINGS: 5. SECOND 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 Kelly read the caption of Ordinance 0-05-1554. 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 0-05-1554. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. ,,- 5 CITY COUNCIL MINUTES DECEMBER 6, 2005 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1555 - Approval of a Special Use Permit for a contractor office with an outside storage yard on Lot 11, Block 1, of the Colleyville Industrial Park Addition located at 1813 Industrial Boulevard, Case Z-05-030 Mayor Kelly read the caption of Ordinance 0-05-1555. Community Development Manager Barry LeBaron provided an overview of the request for rezoning, the proposed ordinance and reported that the Planning and Zoning Commission approved the request by a unanimous vote. Mr. Brad Land, 813 Holly Bridge Court, Keller, Texas stated that Mr. LeBaron accurately represented his intentions for this facility and was present to answer questions of the Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. <-i~ 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1556 - Approval of a Special Use Permit to allow for horses on Lot 8, Block 7, of the Brighton Oaks Addition, located at 2705 Sherwood Lane, Case Z-05-031 Mayor Kelly read the caption of Ordinance 0-05-1556. Community Development Manager Barry LeBaron provided an overview of the request for the Special Use Permit and stated that the Planning and Zoning Commission recommended approval of the request with certain conditions. Ms. Linda Collins, 2705 Sherwood Lane, applicant, spoke regarding the country atmosphere in a city setting and the quality of life in Colleyville and regarding fly control and odors associated with the boarding of horses, safety concerns and the quantity of land necessary for boarding horses. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance and regarding the quantity and maintenance of land required for boarding horses. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Ms. Linda Collins, applicant, answered questions of the Council. 6 CITY COUNCIL MINUTES DECEMBER 6, 2005 .- Councilman Licata requested that staff provide the square footage of the area designated by the Planning and Zoning Commission, for keeping the horses. Councilman Hart requested that staff provide a video of the property with the permission of the applicant. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1557 - Approval of a Zoning Change from R40 Single Family Residential to CPO Professional Office with a Special Use Permit for a privately operated school on Lot 1, Block 3, of the Southgate Addition located at 909 Cheek Sparger Road, Case Z-05-027 Mayor Kelly read the caption of Ordinance 0-05-1557. Due to a Conflict of Interest, Mayor Kelly recused himself and requested that Mayor Pro Tem Ayers preside during consideration of this item. Mayor Pro Tem Ayers stated that the applicant requested that this item be withdrawn and moved that the City Council comply with the applicant's wishes and allow Ordinance 0-05-1557 to be withdrawn. 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. Community Development Manager Barry LeBaron stated that when an application is withdrawn by an applicant, the application has no standing, and the applicant must resubmit the application, which triggers the process of hearings by the Planning and Zoning Commission and the City Council. Mayor Pro Tem Ayers stated that if Council had taken action on this item, there would have been a public hearing tonight and a second public hearing at a future City Council meeting and after the public hearings, if Council voted to deny this ordinance, then the applicant could have resubmitted the request with minor modifications. Mr. LeBaron stated that notification of the withdrawal will be provided to the property owners that received notification of the request for the zoning change. 7 CITY COUNCIL MINUTES DECEMBER 6, 2005 ~- 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1558 - Approval of an Amendment to Chapter 14 - Engineering Design Standards of the Land Development Code regarding detention/retention ponds, Case G-05-012 Mayor Kelly read the caption of Ordinance 0-05-1558. Community Development Manager Barry LeBaron provided an overview of the amendment to Chapter 14 - Engineering Design Standards of the Land Development Code regarding detention/retention ponds and reported that the Planning and Zoning Commission recommended approval by a unanimous vote. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. CITIZEN COMMENTS: 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA - Ms. Kathy Hadley, 204 Timberline North, spoke regarding the health and care of the trees located in front of Market Street and regarding the requirement for protective fencing. City Manager Bill Lindley stated that the protective fencing is placed around trees during construction projects. REPORTS: 11. COLLEYVILLE CENTER ADVISORY COMMITTEE MARKETING SUBCOMMITTEE MINUTES - April 11, 2005 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - August 29, 2005 ZONING BOARD OF ADJUSTMENT MINUTES - September 13, 2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - October 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - October 24, 2005 There was no action taken on this item. ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 6, 2005 - Reading and Public Hearing - Resolution R-05-2628 8 CITY COUNCIL MINUTES DECEMBER 6, 2005 This Resolution was not needed. ADJOURNMENT 13. 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 Kelly declared the meeting adjourned at 8:39 p.m. APPROVED THIS 5" AYES, /~~ DAY OF o NAYS AND ~ 2005, BY A VOTE OF /J ABSTENTIONS. ^,- 9