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HomeMy WebLinkAboutCity Council-Minutes-2/7/2006 city of Te xa s CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET FEBRUARY 7, 2006 5:30 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Presentation of the Colleyville Public Library Long Range Plan PC-2. Update of the City of Colleyville web site redesign and associated features PC-3. Discussion of the February 7,2006 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. 551.072 - 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 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - 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: Pastor Gary Meeks, Heartland Fellowship Church 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-06-2652 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PRESENTATION - In recognition of City of Colleyville business - 62 Main Street Restaurant - David McMillan, Owner and Chef PROCLAMATION - In recognition of American Heart Month - Karen Parsinen, Northeast Tarrant County American Heart Association Board Member PRESENTATION - Lifesaving Awards - Bob Etheridge, Police Officer and Ron McFadden, Police Officer PRESENTATION - Certificate of Merit - Becky Reddick, 911 Dispatcher/Operator CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2653 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 17, 2006 b. Approval of minutes of the City Council Worksession of January 24, 2006 c. Approval of a Supplemental Agreement to the design contract with Dannenbaum Engineering Corporation for the Ground Storage Tank, in the amount of $49,310 d. Approval of a donation of a holiday tree for the Colleyville Senior Center from Calloway's Nursery, Inc. e. Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for the use of the Colleyville City Park game fields f. Approval authorizing an Assignment, Amendment or Revision to the Lease Agreement with Cingular Wireless, Inc. for the use of a cellular tower located on City property at 2512 Glade Road and authorize the City Manager to execute the agreement g. Approval of the Colleyville NeighborWoods Tree Planting Program h. Approval of a Release and Indemnity Agreement with RNP Properties, Inc., for Lot 3, Block 1 of Meadows Creek Plaza I. Approval of an exchange of real property with in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 43,589 square feet of City-owned property at 5114 Pool Road PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-06-1562 - Approval of an Amendment to Chapter 9 - Subdivision Design and Public Facilities of the Land Development Code regarding apportionment of infrastructure costs, Case G-05-011 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-06-1563 - Approval of a Zoning Change from CC-2 Shopping Center to PUD-R Planned Unit Development Residential on 15.76 acres located at 931-1013 McDonwell School Road, Case Z-05-0 13 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1564 - Approval of a Zoning Change from AG Agricultural and CN Neighborhood Commercial to PUD-C Planned Unit Development Commercial on 4.0 acres located at 3798 and 3800 Glade Road, Case Z-05-035 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1566 - Approval of an Amendment to Chapter 8 - Plat Review Procedures of the Land Development Code, Case G-06-002 9. READING AND PUBLIC HEARING - Resolution R-06-2654 - Approval of a driveway easement on Lot 66-R-1 of the Village at Colleyville, Case G-06-004 10. READING AND PUBLIC HEARING - Resolution R-06-2655 - Approval of replacing Resolutions R-01-1799 and R-01-1800 and of the Little Bear Creek Trail Extension, Cottonbelt Trail Phase III, SH26 Landscaping Enhancements and Cottonbelt Trail Landscaping Enhancements Funding Assistance Application submittals 11. READING AND PUBLIC HEARING - Resolution R-06-2656 - Calling a General Election for May 13, 2006, for the purpose of electing Councilmembers to Places 3 and 4 for two years and 5 and 6 for three years TABLED ITEMS: 12. CONSIDERATION OF 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 13. CONSIDERATION OF 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 CITIZEN COMMENTS: 14. 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: 15. ZONING BOARD OF ADJUSTMENT MINUTES - November 8, 2005 ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 7, 2006 - Reading and Public Hearing - Resolution R-06-2657 ADJOURNMENT 17. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 3, 2006, at 5:00 p.m. ~~ 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 FEBRUARY 7, 2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 7, 2006, at 5:40 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, Community Development Coordinator Chris Fuller, Library Director Mary Rodne, Computer Services Librarian John Schanot, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Management Assistant Brian Chapman, Network Administrator Chris Pena, Communications Manager Mona Gandy, Budget and Administrative Services Manager Stephen Seidel, Intern Lorenzo Sanchez, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Presentation of the Colleyville Public Library Long Range Plan Library Director Mary Rodne provided an overview of the Colleyville Public Library Long Range Plan and answered questions of the Council. PC-2. Update of the City of Colleyville web site redesign and associated features Assistant City Manager Paul Frederiksen provided an analysis of the costs associated with the City of Colleyville web site redesign and spoke regarding the Citizen Relationship Management (CRM) program, Video-on-Demand and the on-line bill payment options available on the web site. CITY COUNCIL MINUTES FEBRUARY 7, 2006 Communications Manager Mona Gandy unveiled the web site redesign and illustrated the ability to easily navigate the web site. PC-3. Discussion of the February 7, 2006 City Council regular agenda items There being no further business, Mayor David Kelly declared the meeting adjourned at 6:39 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 7,2006, at 6:46 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, Community Development Coordinator Chris Fuller, Management Assistant Brian Chapman, Computer Technician Chris Pena, Budget and Administrative Services Manager Stephen Seidel, 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 2 CITY COUNCIL MINUTES FEBRUARY 7, 2006 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 6:47 p.m. and reconvened at 7:33 p.m. The invocation was given by Pastor Ralph Bradshaw of Heartland Fellowship Church 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-06-2652 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 announced that seven streets remain available in the Keep Colleyville Beautiful, Adopt a Spot Program, and the goal is to have all of the designated streets adopted by the Clean Sweep event, which is April 29,2006. Mayor Kelly announced that the filing period for candidates for City Council is February 13 through March 13, 2006 and may be filed in the Office of the City Secretary. Mayor Kelly read the City Council minutes of September 11, 1956, in honor of the City of Colleyville's 50th Anniversary. Councilman Hendler encouraged citizens to apply for open positions on the SH26 Advisory Committee, the Parks and Recreation Advisory Board and the Colleyville Center Advisory Committee. Councilman Hendler invited everyone to the Annual North Central Texas Urban Forestry Conference on February 16, 2006, at the Colleyville Center. Mayor Kelly presented a Certificate of Recognition to David McMillan, Owner and Chef of 62 Main Street Restaurant. Mr. McMillan expressed appreciation to the community and announced the future opening of the Kingfish Restaurant. 3 CITY COUNCIL MINUTES FEBRUARY 7, 2006 Mayor Kelly and Councilman Licata presented a Proclamation to Karen Parsinen, Northeast Tarrant County American Heart Association Board member in recognition of American Heart Association Month. Ms. Parsinen expressed appreciation for the City's support and invited everyone to the American Heart Association Gala on February 18, 2006. Mayor Kelly presented Lifesaving Awards to Police Officer Bob Etheridge and Police Officer Ron McFadden. Mr. Scott Burt spoke regarding the events leading up to the 911 call and expressed appreciation to Officer Etheridge and Officer McFadden for saving his life. Police Chief Tommy Ingram stated that the City's implementation of Automated External Defibrillators (AED) in patrol cars and broadcasting the fire alarm and medical alarm calls over the Police radio increases the level of service to the citizens. Mayor Kelly presented a Certificate of Merit to Rebecca Reddick, the 911 Dispatcher/Operator who answered the emergency call from Mr. Burt. ,- Mayor Kelly stated that Tabled Item 13 will be considered at this time and City Attorney Matthew Boyle will clarify an issue regarding this item. City Attorney Matthew Boyle recommended leaving Item 13 on the table until the March 7, 2006, City Council meeting to insure the public's full participation in the case. There was general consensus of the City Council that Item 13 remain tabled. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2653 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 17, 2006 b. Approval of minutes of the City Council Worksession of January 24, 2006 c. Approval of a Supplemental Agreement to the design contract with Dannenbaum Engineering Corporation for the Ground Storage Tank, in the amount of $49,310 d. Approval of a donation of a holiday tree for the Colleyville Senior Center from Calloway's Nursery, Inc. 4 CITY COUNCIL MINUTES FEBRUARY 7,2006 e. Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for the use of the Colleyville City Park game fields f. Approval authorizing an Assignment, Amendment or Revision to the Lease Agreement with Cingular Wireless, Inc. for the use of a cellular tower located on City property at 2512 Glade Road and authorize the City Manager to execute the agreement g. Approval of the Colleyville NeighborWoods Tree Planting Program h. Approval of a Release and Indemnity Agreement with RNP Properties, Inc., for Lot 3, Block 1 of Meadows Creek Plaza I. Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 43,589 square feet of City-owned property at 5114 Pool Road Mayor Kelly announced sealed written bid offers for the exchange of real property, Item 4i, were due by 12:00 p.m. February 7, 2006. The City received one bid. Bids were opened at 2:00 p.m. After review by staff and the City Attorney, it is recommended to proceed with the proposed land exchange with David Staley/Capital Corp, who offers to exchange .987 acres with the City of Colleyville. Mayor Kelly read Resolution R-06-2653 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-06-2653 with the amendment to include David Staley in Item 4i. Councilman Hart 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 FEBRUARY 7, 2006 PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-06-1562 - Approval of an Amendment to Chapter 9 - Subdivision Design and Public Facilities of the Land Development Code regarding apportionment of infrastructure costs, Case G-05-011 Mayor Kelly read the caption of Ordinance 0-06-1562. Community Development Manager Barry LeBaron provided an overview of the proposed amendment to Chapter 9 - Subdivision Design and Public Facilities of the Land Development Code regarding apportionment of the infrastructure costs 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 0-06-1562. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-06-1563 - Approval of a Zoning Change from CC-2 Shopping Center to PUD-R Planned Unit Development Residential on 15.76 acres located at 931-1013 McDonwell School Road, Case Z-05-013 Mayor Kelly read the caption of Ordinance 0-06-1563. Mr. Joe Pothoff, 1201 West Abram Street, Arlington, Texas, representing the applicant, provided a recap of the current zoning allowable uses and spoke regarding access to the proposed development, the plan for the proposed residential development and the plan for the property if the zoning is not approved. Ms. Cyndi Miller, 7112 Pleasant Run Road, representing the applicant, provided information related to a demographic study and survey. Mr. Dixon Holman, 1201 West Abram Street, Arlington, Texas representing the applicant, provided an overview of the survey and answered questions of the Council. 6 CITY COUNCIL MINUTES FEBRUARY 7,2006 Mayor Kelly opened the public hearing. Mr. D.C. Duffy, 121 Timberlane North, Planning and Zoning Commissioner, stated that this item failed the Planning and Zoning Commission by a 6-0 vote due to the need for commercial development of this property and stated that this item will require a super majority vote by the Council for approval. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Joe Pothoff, 1201 West Abram, Arlington, Texas, representing the applicant, spoke regarding the use of the property, the north-south thoroughfare and regarding the configuration of the development. Discussion ensued regarding the future need for the proposed type of residential development. Raman Chandler, 7001 Lismore Court, applicant, was present to answer questions of the Council. Discussion ensued regarding traffic patterns for residential and commercial development. Community Development Manager Barry LeBaron provided a history of the property related to zoning and spoke regarding the visibility to Precinct Line Road from the proposed property and the Masterplan related to residential density. Councilman Boll moved to deny Ordinance 0-06-1563 with prejudice. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler and Hart Nays: Mayor Pro Tem Ayers Mayor Kelly declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1564 - Approval of a Zoning Change from AG Agricultural and CN Neighborhood Commercial to PUD-C Planned Unit Development Commercial on 4.0 acres located at 3798 and 3800 Glade Road, Case Z-05-035 Mayor Kelly read the caption of Ordinance 0-06-1564. 7 CITY COUNCIL MINUTES FEBRUARY 7,2006 Community Development Manager Barry LeBaron provided overview of the proposed zoning change from AG Agricultural and CN Neighborhood Commercial and stated that the Planning and Zoning Commission recommended denial of the request and requires a super majority vote of the City Council for approval. Mr. David Hammil, Riverwalk Development, 3401 Amherst Circle, Bedford, Texas, applicant, provided an overview of Riverwalk Developments within the City and an overview of the proposed development. Mayor Kelly opened the public hearing. Mr. Ben Goodrum, 3800 Glade Road, spoke in support of the proposed ordinance. Ms. Carol Maples, 8104 Fireside Drive, North Richland Hills, Texas representing Horace Maples, 3804 Glade Road, spoke in support of the proposed ordinance. Mr. Lauren Huddleston, 4712 Prestwick Drive, spoke in opposition to the proposed ordinance and regarding the increased traffic, safety concerns, traffic patterns, encroachment of commercial development along Glade Road and the impact on the value of residential property. Mr. Ron Rickman, 3604 Cotswold Court, spoke in opposition to the proposed ordinance. Mr. James Day, 805 Shelton Drive, spoke in support of the proposed ordinance. Mr. Rick Miller, 3604 Wexford Court, spoke in opposition to the proposed ordinance and regarding the concentration of traffic on Glade Road, the schools and bus stop in the area and the safety of children. Mr. Bruce Miller, 3609 Wexford Court, spoke in opposition to the proposed ordinance and the impact of the commercial zoning on residential property. Mr. Robert Beck, 4900 W. Jim Mitchell Trail, spoke in support of the proposed ordinance and regarding the quality of construction by Mr. Hammil. Ms. Rena Marson, 5145 Stonebridge Drive, spoke in support of the proposed ordinance. Mr. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the proposed ordinance and regarding the potential traffic, the value of property in the area and the potential development of the area. ,~- Mr. Mark Jones, 3604 Wexford Court, spoke in opposition to the proposed zoning, submitted a petition and letters stating opposition to the proposed development and spoke regarding the value of residential property in the area. 8 CITY COUNCIL MINUTES FEBRUARY 7, 2006 Ms. Vicki Hagler, 2680 Bent Tree Drive, Hurst, Texas, spoke in favor of the proposed ordinance and regarding the noise pollution near the property and the commercial exposure. Mr. Bruce Morris, 4808 Prestwick Drive, spoke in opposition to the proposed ordinance and the traffic and vehicle accidents along Glade Road. Mr. Randy Camacho, 5213 Coventry Place, spoke in support of the proposed ordinance and the aesthetics of the proposed office campus. Interim Public Works Director Chad Bartee provided information regarding the redesign of portions of Glade Road. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1566 - Approval of an Amendment to Chapter 8 - Plat Review Procedures of the Land Development Code, Case G-06-002 Mayor Kelly read the caption of Ordinance 0-06-1566. Barry LeBaron provided a summary of the proposed amendment to Chapter 8 - Plat Review Procedures of the Land Development Code and stated that the Planning and Zoning Commission recommended approval. Councilman Hart asked if the Council can request that a developer bring in a plat at the time of zoning. City Attorney Matthew Boyle stated that from a practical standpoint, if you were to make it mandatory that you simultaneously process a plat application with a zoning application, you are asking a prospective developer to assume additional significant pre development costs that go along with the plat that are all 1 00 percent contingent and, as such, not guaranteed. In addition to that, if you tie the two together, there is the practical consideration of what to do if those processes get untimed. For instance, if you have a zoning case that requires additional consideration at the same time the developer is trying to sort through a myriad of issues that arise when you process a plat. So, the short answer is, it is possible, the long answer is, it is possible to do it but it has a lot of additional considerations that I would encourage Council to consider. 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 CITY COUNCIL MINUTES FEBRUARY 7, 2006 9. READING AND PUBLIC HEARING - Resolution R-06-2654 - Approval of a driveway easement on Lot 66-R-1 of the Village at Colleyville, Case G-06-004 Mayor Kelly read Resolution R-06-2654 in its entirety. Community Development Manager Barry LeBaron provided an overview of the request for a driveway easement. Mr. Waguih Guirguis, 75 Main Street, applicant, provided information regarding the request for the driveway easement and answered 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. City Manager Bill Lindley provided information regarding the development of the open space near the proposed driveway easement. Mr. Jimmie Archie, Realty Capital Corp, 99 Main Street, was present to answer questions of the Council and spoke regarding the potential future enhancement of the open space and the cost of the enhancement. Discussion ensued regarding the fair market value of the easement and the plans for improvements to the open space Mayor Pro Tem Ayers requested language from the City Attorney to be included in the proposed resolution that would guarantee the City eight thousand dollars worth of improvements. City Attorney Matthew Boyle suggested the following language: In consideration of the granting of this easement, the grantee shall provide consideration to the City, an amount of dollars or improvements equivalent to the easement to be granted, set amount to be not less than eight thousand dollars. Mayor Pro Tem Ayers moved to approve Resolution R-06-2654, with the amendment to add Section 3: In consideration of granting this easement, the grantee to the easement, will provide improvements to not be less than eight thousand dollars for improvements or cash value in the adjacent open space area. Discussion ensued regarding the configuration of the driveway, the valuation of the square footage of the easement and potential sales generation. 10 CITY COUNCIL MINUTES FEBRUARY 7,2006 Mayor Pro Tem Ayers clarified the motion to: In consideration of the granting of this easement, the grantee will make not less than eight thousand dollars of public improvements such as fountains and benches or other such items and, specifically, excluding any costs associated with the construction of the driveway. Councilman Hart seconded the motion. City Attorney Matthew Boyle reported that if you presumed a gross real estate value on square footage basis for that particular tract at being $10.00 a foot that would bring it to $3,840. The general assumption in real estate valuation is that an easement is worth no more than 33% of the initial gross value on it and that would bring it down to $3.33 a foot. City Attorney Matthew Boyle suggested the following amendment to the motion: In consideration of the granting of this easement, the grantee shall be obligated to dedicate money or improvements to the City, in an amount of not less than $8,000. Mayor Pro Tem Ayers and Councilman Hart accepted the recommended amendment. Discussion continued regarding alternatives to the configuration of the garages. - Ayes: Councilpersons Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilpersons Boll and Licata Mayor Kelly declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-06-2655 - Approval of replacing Resolutions R-01-1799 and R-01-1800 and of the Little Bear Creek Trail Extension, Cottonbelt Trail Phase III, SH26 Landscaping Enhancements and Cotton belt Trail Landscaping Enhancements Funding Assistance Application submittals Mayor Kelly read Resolution R-06-2655 in its entirety. Parks and Recreation Director Monica Walsh provided information regarding the application for the grants and the development of the Cottonbelt Trail III, the Little Bear Creek Trail Extension, SH26 Landscaping enhancements and Cotton belt Trail landscaping enhancements. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 11 CITY COUNCIL MINUTES FEBRUARY 7,2006 City Manager Bill Lindley reported that the trails for the creek area are part of the overall Trail Masterplan that the City Council recently adopted, and the Trails Committee and Parks and Recreation Advisory Board recommended approval. There was general discussion regarding funding sources. Councilman Hart moved to approve Resolution R-06-2655. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-06-2656 - Calling a General Election for May 13, 2006, for the purpose of electing Councilmembers to Places 3 and 4 for two years and 5 and 6 for three years Mayor Kelly read Resolution R-06-2656 in its entirety. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding Early Voting locations. City Manager Bill Lindley stated that Early Voting would be conducted at the Colleyville City Hall. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-06-2656, with the amendment to include in Section 5: City Hall, 100 Main Street, Training Room, second floor. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 12 CITY COUNCIL MINUTES FEBRUARY 7, 2006 TABLED ITEMS: 12. CONSIDERATION OF 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 This item was not removed from the table. 13. CONSIDERATION OF 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 This item was addressed at the beginning of the City Council meeting. CITIZEN COMMENTS: 14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. REPORTS: 15. ZONING BOARD OF ADJUSTMENT MINUTES - November 8, 2005 There was no action taken on this item. City Manager Bill Lindley introduced new Public Works Director Steve Chutchian, whose first day of employment will be March 1, 2006. ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 7,2006- Reading and Public Hearing - Resolution R-06-2657 This resolution was not needed. ADJOURNMENT 17. ADJOURNMENT 13 CITY COUNCIL MINUTES FEBRUARY 7, 2006 i'- 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 10:31 p.m. APPROVED THIS 02-/q DAY OF ~ 2006, BY A VOTE OF S AYES, 0 NAYS AND 0 ABS NTIONS. Minutes taken and pre ared by: ~ Cynthia Singleton, TRMC City Secretary 14