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HomeMy WebLinkAboutCity Council-Minutes-1/3/2006 city of Te xa 5 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET JANUARY 3, 2006 5:30 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of appointing a temporary citizen Committee to review and develop a Street Capital Improvement Plan (CIP) PC-2. Presentation of the proposed SH26 Redevelopment Plan PC-3. Discussion of The North Central Texas Council of Governments (NCTCOG) Sustainable Development Program and the 2005 Regional Transit Council (RTC) - Approved Call for Projects PC-4. Discussion of the January 3, 2006 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 George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.072 - Sec. 551.087 - 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 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Sister Dorothy Eggering, 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-06-2636 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PRESENTATION - In recognition of service on the Parks and Recreation Advisory Board - Jerry Birkes and Gil Turner PRESENTATION - In recognition of service on the SH26 Advisory Committee - John Gober and Chris Strittmatter CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2637 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 13, 2005 b. Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 7, Block 2, of the Highland Acres Addition, located at 313 Timberline Drive North, Case G-05-0 14 c. Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program and authorize the City Manager to execute the agreement d. Approval of a construction contract with Viking Construction for street improvements in Windview Estates, in the amount of $100,000, and authorize the City Manager to execute the contract e. Approval of a design contract with Baird, Hampton & Brown, Inc., for the Church Street realignment project, in the amount of $59,750, and authorize the City Manager to execute the contract f. Approval to allow the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1559 - Approval of a Zoning Change from AG Agricultural and R40 Single Family Residential to PUD-R Planned Unit Development Residential on 3.756 acres, located at 5204 to 5212 Pool Road, Case Z -05-033 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1560 - Approval to amend the Zoning and Development Requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road, Case Z-05-034 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1561 - Approval of a one year extension of the current TXU franchise 8. READING AND PUBLIC HEARING - Resolution R-06-2638 - Appointing a Tax Increment Financing District Board of Directors' Chairman CITIZEN COMMENTS: 9. 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: 10. LIBRARY BOARD MINUTES - November 14, 2005 PLANNING AND ZONING COMMISSION MINUTES - November 28,2005 ACTION/RESOLUTION: 11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 3, 2006 - Reading and Public Hearing - Resolution R-06-2639 ADJOURNMENT 12. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 30, 2005, at 5:00 p.m. ~~~~/JiA\ 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 JANUARY 3,2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 3, 2006 at 5:35 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, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Economic Development Manager Scott Welmaker, Management Assistant Brian Chapman, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Discussion of appointing a temporary citizen Committee to review and develop a Street Capital Improvement Plan (CIP) City Manager Bill Lindley provided information regarding the proposed Street Capital Improvement Plan Committee. Council determined that the Committee will consist of thirteen members: six citizen appointments individually selected by the Mayor and City Councilmembers, the Chairperson from the Planning and Zoning Commission, the SH26 Advisory Committee, the Sidewalk Committee and the Traffic Safety Advisory Committee and three at-large positions nominated by the Mayor and City Council and considered by the Councilmembers. It was also determined that the at-large positions would be advertised in the newspaper, on the website, cable channel and City Hall bulletin boards for thirty days prior to the appointment. An item will be placed on the February 21, 2006 City Council agenda for Council's consideration. CITY COUNCIL MINUTES JANUARY 3, 2006 PC-2. Presentation of the proposed SH26 Redevelopment Plan Community Development Manager Barry LeBaron and Economic Development Manager Scott Welmaker provided an update of work efforts by City staff in developing a study of the redevelopment of SH26 and answered questions of the Council. It was reported that a comparable cost of a consultant to complete the level and scope for this type of study is approximately $95,000 to $150,000. Council requested that retail data for specific areas be compiled by the Buxton Group. PC-3. Discussion of the North Central Texas Council of Governments (NCTCOG) Sustainable Development Program and the 2005 Regional Transit Council (RTC) - Approved Call for Projects - Management Assistant Brian Chapman reviewed the North Central Texas Council of Governments Sustainable Development Program and the 2005 Regional Transit Council (RTC) Approved Call for Projects. Mr. Chapman reported that the City of Colleyville projects include on-site improvements to promote pedestrian activities within the Village at Colleyville mixed-use development, as well as an off-site component that included a pedestrian sidewalk, linking the Village at Colleyville to the Cottonbelt Trail and Pleasant Run Soccer Complex, with a future connection to a commuter rail system. Discussion ensued regarding local government support and the projected start date of the projects and the feasibility of a rail port. PC-4. Discussion of the January 3, 2006 City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor David Kelly declared the meeting adjourned at 6:45 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 3, 2006, at 6:54 p.m. ,- 2 CITY COUNCIL MINUTES - ROLL CALL: JANUARY 3,2006 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 M;:lnager Barry LeBaron, Community Development Coordinator Chris Fuller, Management Assistant Brian Chapman, 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 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - 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 George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas 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 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 6:55 p.m. and reconvened at 7:36 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Community 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-06-2636 This Resolution was not needed. 3 CITY COUNCIL MINUTES JANUARY 3,2006 ,- 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly invited citizens to attend the City of Colleyville 50th Anniversary reception on January 10, 2006, at 6:30 p.m. at the Colleyville Center. Mayor Kelly expressed appreciation to the citizens for watering their lawns and exercising caution during the potential hazardous fire conditions and drought. Mayor Kelly recognized Jerry Birkes and Gil Turner for their service on the Parks and Recreation Advisory Board. Mr. Birkes and Mr. Turner were unable to attend the meeting. Mayor Kelly recognized Dr. John Gober and Mr. Chris Strittmatter for their service on the SH26 Advisory Committee. Dr. Gober and Mr. Strittmatter were unable to attend the meeting. Councilman Hendler stated that, as a Big 12 supporter, he enjoyed the Kansas fan's celebration, hats off to Alabama and wished luck to the University of Texas to win the National Championship. <......-.. Mayor Kelly extended congratulations to Texas Christian University for a Bowl win. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2637 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 13, 2005 b. Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 7, Block 2, of the Highland Acres Addition, located at 313 Timberline Drive North, Case G-05-014 c. Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program and authorize the City Manager to execute the agreement d. Approval of a construction contract with Viking Construction for street improvements in Windview Estates, in the amount of $100,000, and authorize the City Manager to execute the contract 4 CITY COUNCIL MINUTES JANUARY 3, 2006 e. Approval of a design contract with Baird, Hampton & Brown, Inc., for the Church Street realignment project, in the amount of $59,750, and authorize the City Manager to execute the contract f. Approval to allow the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits Mayor Kelly read Resolution R-06-2637 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-06-2637. 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: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1559 - Approval of a Zoning Change from AG Agricultural and R40 Single Family Residential to PUD-R Planned Unit Development Residential on 3.756 acres, located at 5204 to 5212 Pool Road, Case Z-05-033 Mayor Kelly read the caption of Ordinance 0-05-1559. Mayor Kelly opened the public hearing. Mr. Jim Dewey, 2500 Texas Drive, Irving, Texas, representing JD&R Engineers & Construction, was present to answer questions of Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to table Ordinance 0-05-1559. Councilman Boll seconded the motion. - Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 5 CITY COUNCIL MINUTES JANUARY 3,2006 Mayor Kelly declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1560 - Approval to amend the Zoning and Development Requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road, Case Z-05-034 Mayor Kelly read the caption of Ordinance 0-06-1560. Community Development Manager Barry LeBaron provided an overview of the proposed amendments to the zoning and development requirements of the Planned Unit Development for the Village at Colleyville Addition. Mr. Richard Myers, 300 Lloyd Circle, applicant, provided information regarding the commercial and residential development of The Village at Colleyville, advantages of a mixed-use project, marketing efforts of the project and the landscaping and parking plans. Mr. Henry S. Miller, spoke regarding the retail vision for The Village at Colleyville and the requirements for the successful development of a downtown area and the creation of community spirit in The Village at Colleyville. Mayor Kelly opened the public hearing. Ms. Dee McNosky, 5108 Pleasant Run Road, spoke in support of the proposed ordinance and regarding the potential purchase of her property. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the density, fire safety requirements and the building height in The Village at Colleyville. Council requested that staff provide information regarding the height of the buildings in The Village at Colleyville and City Hall and that the City Attorney examine the Tax Increment Financing Agreement related to The Village at Colleyville for any potential conflict regarding the proposed zoning. Council requested that the applicant provide plans for landscape buffers and landscaping designs. Discussion continued regarding the plans for parking in The Village at Colleyville. 6 CITY COUNCIL MINUTES JANUARY 3, 2006 Mr. Henry S. Miller spoke regarding the management of a mixed use project related to parking and the timeline for the completion of the project. Discussion ensued regarding the status of the zoning case In the event that the boundaries of the project changed. City Attorney Matthew Boyle stated that the case before you is for the entirety of the property. In the event that you wish to parcel out and exclude any portion of the current zoning case, the zoning ordinance would have to be amended correspondingly, but once the property or a group of property owners have submitted their properties for rezoning, it is up to the City Council's discretion whether or not they would consent to the property owner's request that their property be withdrawn from that particular rezoning. You have a full range of considerations available to you and waiting until after the second reading sounds prudent. Discussion continued regarding the building sprinkler requirements and the construction materials of the development. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1561 - Approval of a one year extension of the current TXU franchise Mayor Kelly read the caption of Ordinance 0-06-1561. City Attorney Matthew Boyle provided information regarding the history of the TXU franchise agreement with the City and the proposed TXU franchise agreement. Mayor Kelly opened the public hearing. Ms. Luann Edwards, 220 West Glade Road, spoke regarding the increase in utility rates and regarding possible negotiations with TXU. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Attorney Matthew Boyle stated that the franchise is completely independent, based on state law, from rate regulating and rate setting and rate disputes. However, the City is actively participating with a group of other peer municipalities and doing everything they can to dispute and litigate rate disputes with the franchisee where it seems appropriate. City Manager Bill Lindley spoke regarding the rate making authority of utility companies and expressed appreciation to Ms. Edwards for the information and concern for utility rates. - 7 CITY COUNCIL MINUTES JANUARY 3, 2006 Council requested clarification regarding the options and limitations of the TXU franchise agreement related to delivery of service. 8. READING AND PUBLIC HEARING - Resolution R-06-2638 - Appointing a Tax Increment Financing District Board of Directors' Chairman Mayor Kelly read Resolution R-06-2638 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 Kelly opened the floor for nominations for the Tax Increment Financing District Board of Directors' Chairman. Mayor Pro Tem Ayers moved to approve Resolution R-06-2638, appointing Councilman Hendler as the Chairman of the Tax Increment Financing District Board. Councilman Boll seconded the motion. - Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak regarding this item. REPORTS: 10. LIBRARY BOARD MINUTES - November 14, 2005 PLANNING AND ZONING COMMISSION MINUTES - November 28, 2005 There was no action taken on this item. 8 CITY COUNCIL MINUTES JANUARY 3, 2006 ACTION/RESOLUTION: 11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 3, 2006 - Reading and Public Hearing - Resolution R-06-2639 This Resolution was not needed. ADJOURNMENT 12. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:51 p.m. APPROVED THIS /jf>>< DAY OF 1~ 2006, BY A VOTE OF ~ AYES, 0 NAYS AND 0 ABSTENTIONS. Minutes taken and prepared by: t1~,?:r~ City Secretary 9