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HomeMy WebLinkAboutCity Council-Minutes-12/13/2005 city Of Texa s CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET DECEMBER 13, 2005 5:30 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of Appointing a Citizen Committee to review and develop a street Capital Improvement Plan (CIP) PC-2. Update of the Workforce Development Sustainability Project PC-3. Presentation of the Monthly Financial Report - November 2005 PC-4. Discussion of the December 13, 2005, City Council regular agenda items 6:20 P.M. - PARKS AND RECREATION ADVISORY BOARD AND SH26 ADVISORY COMMITTEE APPLICANT INTERVIEWS 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 Brian K. Meroney vs. City of Colleyville Sec. 551.071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. 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 Sec. 551.072 - Sec. 551.087 - 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Neda Moayad, 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-05-2629 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-05-2630 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 6, 2005 b. Approval of an Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for a drainage study for the Bear Creek watershed c. Approval of a donation of lockers for new firefighter personnel from B&W Cabinets, in the amount of $1 ,050 PUBLIC HEARINGS: 5. SECOND 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 6. SECOND 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 7. SECOND 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 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1559 - Approval of 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 9. READING AND PUBLIC HEARING - Resolution R-05-2631 - Consideration of appointments to the Parks and Recreation Advisory Board 10. READING AND PUBLIC HEARING - Resolution R-05-2632 - Consideration of appointments to the SH26 Advisory Committee 11. READING AND PUBLIC HEARING - Resolution R-05-2633 - Approval of support for the Tarrant Regional Transportation Coalition's Regional Transit Initiative 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. PLANNING AND ZONING COMMISSION MINUTES - November 14,2005 ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 13, 2005- Reading and Public Hearing - Resolution R-05-2635 ADJOURNMENT 15. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 9, 211:& Cynthia Singleton, TRM 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 DECEMBER 13, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 13, 2005, at 5:43 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, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Human Resources Director Kelly Cooper, Economic Development Manager Scott Welmaker, Management Assistant Brian Chapman, Budget and Administrative Services Manager Stephen Seidel, Computer Technician Chris Pena, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. PC-1. Discussion of Appointing a Citizen Committee to review and develop a street Capital Improvement Plan (CIP) There was general discussion regarding the miSSion and scope of work of the committee, the number of members, the selection process and timeline for submission of a final report to the City Council. Councilman Hendler proposed that the committee include a representative from the SH26 Advisory Committee, Traffic Safety Advisory Committee, the Sidewalk Committee and the Planning and Zoning Commission, City Council appointees and citizens at large. Council requested that a Pre Council item be included on the January 3, 2006 City Council agenda for further discussion and a resolution be placed on the February 21, 2006 City Council agenda for consideration. CITY COUNCIL MINUTES DECEMBER 13, 2005 PC-2. Update of the Workforce Development Sustainability Project Mr. Patrick Ibarra of the Mejorando Group provided a mid-project update of the Workforce Development Sustainability project and answered questions of the Council. PC-3. Presentation of the Monthly Financial Report - November 2005 Finance Director Terry Leake presented the November 2005 Monthly Financial Report. City Manager Bill Lindley reported that the sales tax revenue increased 5%. PC-4. Discussion of the December 13, 2005, City Council regular agenda items There was general discussion regarding Agenda Item 11, Approval of support for the Tarrant Regional Transportation Coalition's Regional Transit Initiative. 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 13, 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, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Economic Development Manager Scott Welmaker, Budget and Administrative Services Manager Stephen Seidel, Computer Technician Chris Pena, City Attorney Michael Kallas 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 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 - Sec. 551.071 - 2 CITY COUNCIL MINUTES DECEMBER 13, 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 6:55 p.m. and reconvened at 7:34 p.m. The invocation was given by John Leonard of the Colleyville Baha'i Community and City Attorney Michael Kallas led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2629 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 invited the public to attend the Metro Cinema/IMAX groundbreaking ceremony to be held December 15,2005, at 11 :30 a.m., at Colleyville Town Center. Mayor Kelly announced that this is the last City Council meeting of 2005 and wished everyone a Merry Christmas and best wishes for 2006. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2630 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 6, 2005 b. Approval of an Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for a drainage study for the Bear Creek watershed 3 CITY COUNCIL MINUTES DECEMBER 13, 2005 c. Approval of a donation of lockers for new firefighter personnel from B&W Cabinets, in the amount of $1 ,050 Mayor Kelly read Resolution R-05-2630 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-05-2630. Councilman Hart 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 0-05-1555 - 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. 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 Hart moved to approve Ordinance 0-05-1555. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 4 CITY COUNCIL MINUTES DECEMBER 13, 2005 6. SECOND 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 information related to the amount of area on the lot designated for the horses and presented a video of the area designated for the horses. Ms. Linda Collins, 2705 Sherwood Lane, applicant, was present to answer questions of the Council. Mayor Kelly opened the public hearing. Mr. Phil Kelly, 2808 Sherwood Lane, spoke in opposition to the proposed ordinance and regarding the amount of area suitable for boarding horses, safety concerns and conditions of a Special Use Permit. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the method of calculation of the square feet area, the definition of a grazing animal and methods of regulating complaints regarding the horses. City Attorney Michael Kallas stated that the Special Use Permit stays with the property but a condition of time may be placed on the SUP. Discussion ensued regarding property drainage, potential environmental problems and the process for addressing nuisances. City Attorney Michael Kallas advised that the City Council could reconsider the Special Use Permit if conditions changed in the future. City Manager Bill Lindley reviewed the process for addressing the violation of public health hazards. City Attorney Michael Kallas stated the Special Use Permit may be conditioned upon the transfer of a deed or term of years. 5 CITY COUNCIL MINUTES DECEMBER 13, 2005 Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1556, with the condition that the Special Use Permit expires at the end of ten years from the date of approval of this ordinance, or alternatively upon transfer of the ownership of the property or upon conviction of any nuisance violation of the City of Colleyville, whichever occurs first. Councilman Licata seconded the motion. Discussion ensued regarding the interpretation of the code related to keeping of horses, paddock area and the type of fencing on the property. Ayes: Councilpersons, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Boll Mayor Kelly declared the motion carried. 7. SECOND 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. 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 Boll moved to approve Ordinance 0-05-1558. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1559 - Approval of 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. 6 CITY COUNCIL MINUTES DECEMBER 13, 2005 Community Development Manager Barry provided an overview of the zoning request and stated that the applicant has been advised that the property is adjacent to City- owned property designated for the development of a senior center and fire station. Mr. Jim Dewey of JNR Engineers & Consultants, 2500 Texas Drive, Irving, Texas, was present on behalf of the applicant to answer questions of the Council and commended staff for assistance with the zoning application process. Mr. David Staley, 3435 Finley Road, Irving, Texas, applicant, commended staff for their assistance with the zoning application process and provided an overview of the proposed development. 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. READING AND PUBLIC HEARING - Resolution R-05-2631 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-05-2631 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 requested that Council address the appointments for the expired terms initially. Mayor Pro Tem Ayers moved to appoint Connie Hampton to Place 2, Robert Leininger to Place 6 and Peter Riis to Place 8 of the Parks and Recreation Advisory Board and re- advertise the remaining open positions. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. City Manager Bill Lindley stated that positions on the Traffic Safety Advisory Committee are also being advertised and encouraged citizens to submit an Application for Appointment. 7 CITY COUNCIL MINUTES DECEMBER 13, 2005 ",- 10. READING AND PUBLIC HEARING - Resolution R-05-2632 - Consideration of appointments to the SH26 Advisory Committee Mayor Kelly read Resolution R-05-2632 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 first position. Councilman Hendler moved to approve Resolution R-05-2632, appointing Dee McNosky, Joe Allen and Curtis Young to the SH26 Advisory Committee. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Councilman Hendler commended Chris Strittmatter and John Gober for their service on the SH26 Advisory Committee. City Manager Bill Lindley stated that the openings on the Traffic Safety Advisory Committee, SH26 Advisory Committee and Parks and Recreation Advisory Board will be readvertised and encouraged citizens to submit an Application for Appointment. Mayor Kelly declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-05-2633 - Approval of support for the Tarrant Regional Transportation Coalition's Regional Transit Initiative Mayor Kelly read Resolution R-05-2633 in its entirety. Budget and Administrative Services Manager Stephen Seidel provided an overview of the Regional Transit Initiative. Mayor Kelly opened the public hearing. Mr. Vie Suhm, Tarrant Regional Transportation Coalition Executive Director, provided information regarding the Regional Transit Initiative and answered questions of the Council. 8 CITY COUNCIL MINUTES DECEMBER 13, 2005 City Manager Bill Lindley stated that Section 4 concerns any potential adverse impact to the 4A14B sales tax collections, which are allocated to very specific programs. This resolution provides a very broad support of work efforts by a number of regional transportation agencies and if the City determines that the proposed or approved legislation has a negative impact to the 4A14B funding levels, then the City would be in a position to repeal the resolution. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the content and intent of the proposed resolution. Mayor Pro Tem Ayers moved to approve Resolution R-05-2633 and stated that he would probably not vote for the one half cent sales tax increase. 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: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Greg Winslow, 3916 Wayne Drive, spoke regarding Covenant Christian Academy's request for zoning, plans for future expansion and the impact on the surrounding neighborhood. REPORTS: 13. PLANNING AND ZONING COMMISSION MINUTES - November 14,2005 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 DECEMBER 13, 2005 - Reading and Public Hearing - Resolution R-05-2635 This Resolution was not needed. 9 CITY COUNCIL MINUTES DECEMBER 13, 2005 ADJOURNMENT 15. 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 8:47 p.m. APPROVED THIS .3 "-~ DAY OF i~ 2005, BY A VOTE OF S AYES, 0 NAYS AND 0 ABSTENTIONS. Minutes taken and prepared by: ~~r City Secretary 10