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HomeMy WebLinkAboutCity Council-Minutes-2/21/2006 city of (g Texas CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET FEBRUARY 21, 2006 5:30 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Presentation of the Monthly Financial Report - January 2006 PC-2. Presentation of the Quarterly Investment Report PC-3. Presentation of the Quarterly Budget PC-4. Discussion of the City of Colleyville web site linking policy PC-5. Discussion of the February 21,2006 City Council regular agenda items 6:10 P.M. - PARKS AND RECREATION ADVISORY COMMITTEE, SH26 ADVISORY COMMITTEE AND TRAFFIC SAFETY 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 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 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 Deliberate the purchase, lease, exchange or value of real property 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-06-2658 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUES - In recognition of service on the Colleyville Center Advisory Committee - Mary Michaels and Andrew Wayne PRESENTATION - A donation from the Colleyville Public Library Foundation to the Colleyville Public Library - Ginny Tigue, President, Colleyville Public Library Foundation CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2659 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 6, 2006 b. Approval of a Joint Election Agreement for Tarrant County and the City of Colleyville c. Approval of a bid for bank depository services with Wells Fargo d. Approval of Fiscal Year 2007 Budget Calendar dates e. Approval of the Final Plat of Lots 1 and 2, Block 1 of the Starbucks Addition, Case P-06-008 PUBLIC HEARINGS: 5. SECOND 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 6. SECOND 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 7. READING AND'PUBLlC HEARING - Resolution R-06-2660 - Acceptance of the annual audit for Fiscal Year ended September 30, 2005 8. READING AND PUBLIC HEARING - Resolution R-06-2661 - Consideration of appointment to the Parks and Recreation Advisory Board 9. READING AND PUBLIC HEARING - Resolution R-06-2662 - Consideration of appointment to the SH26 Advisory Committee 10. READING AND PUBLIC HEARING - Resolution R-06-2663 - Consideration of appointment to the Traffic Safety Advisory Committee 11. READING AND PUBLIC HEARING - Resolution R-06-2664 - Ar;>proval of establishing the Street Capital Improvement Plan (CIP) Committee and appointing members 12. READING AND PUBLIC HEARING - Resolution R-06-2665 - Approval to submit Pleasant Run Trail, Thompson Terrace Trail, Big Bear Creek Trail, Little Bear Creek Trail Extension and Cotton Belt Phase III projects to North Central Texas Council of Governments (NCTCOG) for Air Quality Program Partnership call for projects 13. READING AND PUBLIC HEARING - Resolution R-06-2666 - Approval of a request for a refund of sidewalk escrow and waiver for the construction or escrow of funds for sidewalks on Lot 2, Block 1 of the Nolan Addition located at 5101 Oak Timbers Court, Case G-06-005 14. READING AND PUBLIC HEARING - Resolution R-06-2667 - Approval of the right-of-way purchase for the Glade Road and Heritage Avenue intersection project TABLED ITEMS: 15. 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 16. 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: 17. 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: 18. TAX INCREMENT FINANCING DISTRICT BOARD MINUTES - November 18, 2004 COLLEYVILLE TREE BOARD MINUTES - November 7, 2005 PARKS AND RECREATION ADVISORY BOARD MINUTES - January 9,2006 LIBRARY BOARD MINUTES - January 9, 2006 ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 21, 2006 - Reading and Public Hearing - Resolution R-06-2668 ADJOURNMENT 20. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 17, 2006.' at. 5:00. p.m. , Vb' /0 A /1,,/1., / ['"1/' /( ~ CL ..'A- () r:--. . )~) Cyn<fhia 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 21, 2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 21, 2006, at 5:37 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Interim Public Works Director Chad Bartee, Finance Director Terry Leake, Communications Manager Mona Gandy, Budget and Administrative Services Manager Stephen Seidel, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. PC-1. Presentation of the Monthly Financial Report - January 2006 Finance Director Terry Leake provided an overview of the January 2006 Financial Report. PC-2. Presentation of the Quarterly Investment Report Finance Director Terry Leake provided an overview of the Quarterly Investment Report. PC-3. Presentation of the Quarterly Budget Budget and Administrative Services Manager Stephen Seidel presented the Quarterly Budget Report and answered questions of the Council. PC-4. Discussion of the City of Colleyville web site linking policy Communications Manager Mona Gandy presented the proposed City of Colleyville web site linking policy and answered questions of the Council. CITY COUNCIL MINUTES FEBRUARY 21,2006 PC-5. Discussion of the February 21,2006 City Council regular agenda items There was general discussion regarding Agenda Item 11, Approval of establishing the Street Capital Improvement Plan (CIP) Committee and appointing members. It was reported that there were no applications received for the at-large positions. There being no further business, Mayor David Kelly declared the meeting adjourned at 6:09 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 21,2006, at 6:45 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Lieutenant Rodney Cunningham, Finance Director Terry Leake, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Library Director Mary Rodne, Computer Technician Chris Pena, AudioNisual Intern Andrew Sylvestor, Budget and Administrative Services Manager Stephen Seidel, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler arrived at 7:00 p.m. 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 Deliberate the purchase, lease, exchange or value of real property 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 21, 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 6:46 p.m. and reconvened at 7:31 p.m. The invocation was given by Councilman George Boll and Boy Scouts from Troop 28 led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2658 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 expressed appreciation to Interim Public Works Director Chad Bartee for his leadership. Mayor Kelly announced that Mr. Steve Chutchian would begin service as the Public Works Director March 1, 2006. Mayor Kelly read the City Council minutes of October 18, 1960. Mayor Kelly presented a plaque to Ms. Mary Michaels in recognition of service on the Colleyville Center Advisory Committee. Mayor Kelly recognized Mr. Andrew Wayne, who was not present, for service on the Colleyville Center Advisory Committee. Ms. Ginny Tigue, Ms. Pat Jones, Ms. Elsie Gunter and Ms. Ret Stansberger, of the Colleyville Public Library Foundation, presented a check, in the amount of $50,000, to Library Director Mary Rodne for the Colleyville Public Library. Library Director Mary Rodne expressed appreciation to the Colleyville Public Library Foundation for their support and extended a special note of gratitude to Ms. Ginny Tigue, President of the Colleyville Public Library Foundation. Mayor Kelly stated that the Colleyville Public Library Foundation is a major benefactor to the library and expressed appreciation for their financial support. 3 CITY COUNCIL MINUTES FEBRUARY 21, 2006 CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2659 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 7, 2006 b. Approval of a Joint Election Agreement for Tarrant County and the City of Colleyville c. Approval of a bid for bank depository services with Wells Fargo d. Approval of Fiscal Year 2007 Budget Calendar dates e. Approval of the Final Plat of Lots 1 and 2, Block 1 of the Starbucks Addition, Case P-06-008 Mayor Kelly read Resolution R-06-2659 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. Councilman Hendler moved to approve Resolution R-06-2659. 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 0-06-1564 - 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. Mr. David Hannah, 3401 Amherst Circle, Bedford, Texas, applicant, read a letter from the potential tenant of the proposed development, provided an overview of the site plan of the proposed development and spoke regarding potential traffic, landscaping and the architecture of the proposed building. 4 CITY COUNCIL MINUTES FEBRUARY 21, 2006 Mayor Kelly opened the public hearing. Mr. Terry Hansen, 4904 Prestwick Drive, spoke in opposition to the proposed ordinance and regarding the use of the property, traffic count, commercial value and potential property taxes. Mr. R.L. Huddleston, 4712 Prestwick Drive, spoke in opposition to the proposed ordinance and regarding traffic congestion and the potential negative impact of the proposed development on property values. Mr. Rick Feaster, 3204 Carisbrooke, spoke in opposition to the proposed ordinance and regarding potential traffic accidents and commercial development in the area. Mr. Ben Goodrum, 3800 Glade Road, owner of the property considered for zoning, spoke in favor of the proposed ordinance and regarding the taxable value of property. Ms. Rebecca Hall, 4916 Prestwick Drive, spoke in opposition to the proposed ordinance and regarding commercial development in the neighborhood, the Master Plan and safety concerns. ,- Mr. Randy Comacho, 5213 Coventry Place, spoke in favor of the proposed ordinance and regarding the aesthetics of the potential development. Mr. Rick Miller, 3605 Wexford Court, spoke in opposition to the proposed ordinance and regarding the potential increase in traffic and safety concerns. Mr. Bruce Morris, 4708 Prestwick Drive, spoke in opposition to the proposed ordinance and regarding the development of the area and Glade Road. Mr. Mark Jones, 3604 Wexford Court, submitted e-mails in opposition to the proposed ordinance to City Council, spoke in opposition to the proposed ordinance and regarding the development of the Master Plan and the value of the surrounding residential property and the property under consideration for zoning. Ms. Elsie Gunter, 4809 Lakewood, spoke in favor of the proposed ordinance and regarding the value of property in Colleyville and near the proposed development. Mr. David Dowdy, 3601 Winewood Place, spoke in opposition to the proposed ordinance and regarding the potential traffic and safety concerns on Glade Road. Mr. Dewey Ly, 3613 Amberly Court, spoke in opposition to the proposed ordinance and regarding the traffic noise. Mr. Robert Beck, 4900 West Jim Mitchell Trail, spoke in favor of the proposed ordinance. 5 CITY COUNCIL MINUTES FEBRUARY 21, 2006 Mr. Chris Hawkins, 7504 John McCain Road, owner of the CN Neighborhood commercial land listed in the proposed ordinance, spoke in favor of the proposed ordinance and regarding the development of property in high traffic areas and the impact on neighborhoods. Mr. Ron Rickman, 3604 Cotswald Court, spoke in opposition to the proposed ordinance. Ms. Kathy Hadley, 204 Timberline North, spoke in favor of the proposed ordinance and regarding the history of the Goodrum family in Colleyville. Ms. Vickie Hagler, 2680 Bent Tree Drive, Hurst, Texas, spoke in favor of the proposed ordinance and regarding the noise level on the property. Ms. Dora Rider, 3605 Lauren's Place, spoke in opposition to the proposed ordinance and regarding the value of the residential property and the potential development of town homes and garden homes. Ms. Meg Davis, 3606 Lauren's Place, spoke in opposition to the proposed ordinance and regarding the need for garden homes. 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 planning and zoning process is a two step process in accordance with Chapter 211 of the Local Government Code. The Planning and Zoning Commission sits as solely a recommending position. They have no final decision making authority with respect to any zoning case. They serve at the behest of the Council to provide recommendations on zoning cases. In the event, and this is strictly provided for in the Local Government Code, in the event that the Planning and Zoning Commission has a negative recommendation on a zoning case, that heightens the zoning for approval when it comes time for the Council to make the decision because the Council is the final and only decision maker on planning and zoning cases. In this particular case, that threshold has been achieved due to the 4-2 denial at Planning and Zoning and that super majority requirement of 4 favorable votes is triggered and 4 favorable votes would be necessary to take any action to approve this particular zoning case. But, by right, and in accordance with the Local Government Code and in accordance with the City ordinances, the applicant has the absolute right to have the particular matter be considered by City Council as the only decision making body on zoning. Councilman Boll stated, "Matthew, just so it's clear, in fact, in this situation, a letter dated January 11, it was at the developer's request that this was brought up to the Council." 6 CITY COUNCIL MINUTES FEBRUARY 21,2006 City Attorney Matthew Boyle stated, yes, that is correct. There is a provision, where it is optional for the developer if they get a denial at Planning and Zoning, in your ordinance specifically they have to actually make a request in writing, which they did, and once they've done so; there is no choice but to process this up through Council for final decision. Councilman Licata asked City Attorney Matthew Boyle, if any of these citizens out here today were to request rezoning on their property and be denied by Planning and Zoning, they would have the right to ask that the case be considered by the City Council? City Attorney Matthew Boyle said, "yes". Councilman Hart asked City Attorney Matthew Boyle to expand about PUDC and what the developer can and cannot do, what the City can and cannot do, and if this project is acceptable. City Attorney Matthew Boyle stated that PUD is planned development zoning and it is different from straight zoning. The difference between straight zoning and PUD zoning is that PUD ordinances are custom zoning ordinances and that's why this particular draft ordinance is so lengthy in this particular case because it includes the incorporation of site plans and other specific development criteria and limitations, which if approved become binding on the development and run with that particular entitlement approval. So, certain specific items such as the dedication of additional open space and or lot lay out, site design and building profiles are specifically provided for in the ordinance as part of the PUD. Interim Public Works Director Chad Bartee reported on the status of the Heritage Avenue and Glade Road project. City Manager Bill Lindley spoke regarding the funding process for the Heritage Avenue and Glade Road project. Discussion ensued regarding uses for neighborhood commercial zoned property. Councilman Boll moved to deny Ordinance 0-06-1564. Councilman Licata seconded the motion. Ayes: Councilpersons Boll and Licata Nays: Councilpersons Hendler, Hart and Mayor Pro Tem Ayers Mayor Kelly declared the motion failed. Councilman Hendler moved to approve Ordinance 0-06-1564. 7 CITY COUNCIL MINUTES FEBRUARY 21,2006 Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilpersons Boll and Licata Mayor Kelly declared Ordinance 0-06-1564 denied. On the basis that the ordinance was denied by the Planning and Zoning Commission, a super majority vote by City Council is required to approve the ordinance. Mayor Kelly recessed the meeting at 8:53 p.m. and reconvened 8:59 p.m. 6. SECOND 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. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the proposed amendment and a concern regarding apartments. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There were no others present wishing to speak concerning this item. Community Development Manager Barry LeBaron provided an overview of the proposed amendments. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1566. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-06-2660 - Acceptance of the annual audit for Fiscal Year ended September 30,2005 8 CITY COUNCIL MINUTES FEBRUARY 21, 2006 Mayor Kelly read Resolution R-06-2660 in its entirety. Mr. Chris Pruitt, Audit Manager of Pattillo, Brown, and Hill, L.L.P., provided a summary of the results of the annual audit for Fiscal Year ended September 30, 2005 and stated that the City received an unqualified audit opinion. City Manager Bill Lindley clarified that an unqualified audit opinion is considered the most favorable opinion. Mayor Kelly opened the public hearing. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly and Council commended Finance Director Terry Leake for a job well done and expressed appreciation to the audit firm of Pattillo, Brown and Hill, L.L.P. Mayor Pro Tem Ayers moved to approve Resolution R-06-2660. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-06-2661 - Consideration of appointment to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-06-2661 in its entirety. Mayor Kelly opened the public hearing. 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-06-2661, appointing Joe Hassell to Place 1 on the Parks and Recreation Advisory Board. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 9 CITY COUNCIL MINUTES FEBRUARY 21,2006 Mayor Kelly declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-06-2662 - Consideration of appointment to the SH26 Advisory Committee Mayor Kelly read Resolution R-06-2662 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. Councilman Hart moved to approve Resolution R-06-2662 appointing Robert Goble to the SH26 Advisory Committee. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-06-2663 - Consideration of appointment to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-06-2663 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. Councilman Hendler moved to approve Resolution R-06-2663 appointing Kithsiri Athulathmudali to the Traffic Safety Advisory Committee. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 10 CITY COUNCIL MINUTES FEBRUARY 21,2006 11. READING AND PUBLIC HEARING - Resolution R-06-2664 - Approval of establishing the Street Capital Improvement Plan (CIP) Committee and appointing members Mayor Kelly read Resolution R-06-2664 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 pass over Resolution R-06-2664 and stated that there were no applicants to consider for the at-large positions. It was determined that the positions should be re-advertised and a Pre Council item would be placed on the March 7, 2006 City Council agenda for further discussion. 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. READING AND PUBLIC HEARING - Resolution R-06-2665 - Approval to submit Pleasant Run Trail, Thompson Terrace Trail, Big Bear Creek Trail, Little Bear Creek Trail Extension and Cotton Belt Phase III projects to North Central Texas Council of Governments (NCTCOG) for Air Quality Program Partnership call for projects Mayor Kelly read Resolution R-06-2665 in its entirety. Assistant City Manager Paul Frederiksen provided an overview of the process for requesting funding for the Pleasant Run Trail, Thompson Terrace Trail, Big Bear Creek Trail, Little Bear Creek Trail Extension and Cotton Belt Phase II projects in accordance with the North Central Texas Council of Governments Local Air Quality Funding Program. 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-06-2665. 11 CITY COUNCIL MINUTES FEBRUARY 21,2006 Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-06-2666 - Approval of a request for a refund of sidewalk escrow and waiver for the construction or escrow of funds for sidewalks on Lot 2, Block 1 of the Nolan Addition located at 5101 Oak Timbers Court, Case G-06-005 Mayor Kelly read Resolution R-06-2666 in its entirety. Community Development Manager Barry LeBaron provided an overview of the request for a refund and waiver. Mr. Peter Dibella, 5101 Oak Timbers Court, stated the request for a refund of the sidewalk escrow and waiver 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. There was general discussion of the future development of the neighborhood and the age of the neighborhood. Mayor Pro Tem Ayers moved to approve Resolution R-06-2666. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hart and Mayor Pro Tem Ayers Nays: Councilman Hendler Mayor Kelly declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-06-2667 - Approval of the right-of-way purchase for the Glade Road and Heritage Avenue intersection project Mayor Kelly read Resolution R-06-2667 in its entirety. 12 CITY COUNCIL MINUTES FEBRUARY 21, 2006 Interim Public Works Director Chad Bartee provided an overview of the intersection project. Councilman Boll left the meeting due to a family emergency. 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 Resolution R-06-2667. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. - TABLED ITEMS: 15. 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. 16. 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 not removed from the table. CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 13 CITY COUNCIL MINUTES FEBRUARY 21, 2006 REPORTS: 18. TAX INCREMENT FINANCING DISTRICT BOARD MINUTES - November 18, 2004 COLLEYVILLE TREE BOARD MINUTES - November 7,2005 PARKS AND RECREATION ADVISORY BOARD MINUTES - January 9,2006 LIBRARY BOARD MINUTES - January 9, 2006 There was no action taken on this item. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 21, 2006 - Reading and Public Hearing - Resolution R-06-2668 This item was not needed. ADJOURNMENT 20. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn. Councilman Hart seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None APPROVED THIS 5 AYES, Mayor Kelly declared the meeting adjourned at 9:35 p.m. 'lY! DAY OF 7f(~h 2006, BY A VOTE OF o NAYS AND 0 ABSTENTIONS. ~ 14