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HomeMy WebLinkAboutCity Council-Minutes-3/7/2006 city of (6 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET MARCH 7, 2006 5:30 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of establishing the Street Capital Improvement Plan (CIP) Committee and appointing members PC-2. Discussion of the March 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. 551.071 - 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 Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Deliberate the purchase, lease, exchange or value of real property Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.087 - Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Pastor David Jung, Crown of Life Lutheran 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-06-2669 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE CITY COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Colleyville Center Advisory Committee - Bonnie Carroll PROCLAMATION - Senator Jeff Wentworth sponsored Senate Proclamation 173 in honor of the City of Colleyville's efforts in meeting the requirements of the Texas Open Meetings Act and the Public I nformation Act. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2670 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 21, 2006 b. Approval of setting a date for a public hearing to consider a request by Bear Valley Community Church to extend the time period to allow an existing portable building to remain on the property located at 7900 Precinct Line Road, Case G-06-007 c. Approval of a Final Plat of Lots 1 R1 and 5-10, Block 1, Town Center Colleyville, Phase 1, being a replat of Lot 1 R, Block 1 of the Town Center Colleyville, Phase I Addition, Case P-06-003 d. Approval of an amendment to the City's web site linking policy PUBLIC HEARINGS: 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1567 - Approval of a request for a Zoning Change from CC1-Village Retail and AG-Agricultural to PUDR-Planned Unit Development Residential on 22.9 acres out of the G. Minter Survey located northwest of Heritage Avenue and Glade Road, Case Z-06-001 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1568 - Approval of a Zoning Change request from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 5.6 acres out of the S.C.H. Witten Survey located in the 5100 and 5200 blocks of Pool Road, Case Z-06-002 7. READING AND PUBLIC HEARING - Resolution R-06-2671 - Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 2, Block 1 of the Newgren Addition located at 200 John McCain Road, Case G- 06-006 8. READING AND PUBLIC HEARING - Resolution R-06-2672 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case G-06- 008 TABLED ITEMS: 9. 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 1 o. 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: 11. 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: 12. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 28, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 9, 2006 ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 7, 2006 - Reading and Public Hearing - Resolution R-06-2673 ADJOURNMENT 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 3, 2006, at 5:00 p.m. cyzYL;J 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 MARCH 7, 2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 7, 2006, at 5:35 p.m. ROLL CALL: Councilpersons 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, Community Development Manager Barry LeBaron, Public Works Director Steve Chutchian, Engineer Chad Bartee, Communications Manager Mona Gandy, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman George Boll arrived at 5:45 p.m. Mayor Kelly introduced and welcomed new Public Works Director Steve Chutchian. PC-1. Discussion of establishing the Street Capital Improvement Plan (CIP) Committee and appointing members It was determined that this item would be deferred to the March 21, 2006, City Council agenda and that an item for consideration of appointments would be placed on the April 4, 2006 City Council agenda. PC-2. Discussion of the March 7,2006 City Council regular agenda items There was general discussion of agenda item 10, Consideration of Ordinance 0-06- 1560, including the viability of the project, building elevations, number of proposed residences and minimum and maximum square footage, ancillary units, the Tax Increment Financing Agreement related to proposed changes and the timeline for build- out. CITY COUNCIL MINUTES MARCH 7, 2006 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 March 7, 2006, at 6:49 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, Public Works Director Steve Chutchian, Engineer Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Economic Development Manager Scott Welmaker, Network Administrator Chris Pena, Budget and Administrative Services Manager Stephen Seidel, AudioNisual Intern Andrew Sylvestor, 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. 551.071 - 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 Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant 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 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 6:50 p.m. and reconvened at 7:35 p.m. 2 CITY COUNCIL MINUTES MARCH 7, 2006 The invocation was given by Pastor David Jung of Crown of Life Lutheran 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-06-2669 This Resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE CITY COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly read City Council minutes from 1963. Mayor Kelly presented a plaque to Ms. Bonnie Carroll in recognition of service on the Colleyville Center Advisory Committee. Ms Carroll encouraged citizens to learn about and serve on a City board, commission or committee. City Secretary Cynthia Singleton, on behalf of Senator Jeff Wentworth, presented a proclamation to the Mayor and Councilmembers, in recognition of their commitment to open and accessible government by developing Open Meeting and Public Information Act training for public and appointed officials. Mayor Kelly congratulated Councilman Boll on the birth of his daughter, Gabrielle. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2670 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 21, 2006 b. Approval of setting a date for a public hearing to consider a request by Bear Valley Community Church to extend the time period to allow an existing portable building to remain on the property located at 7900 Precinct Line Road, Case G-06-007 c. Approval of a Final Plat of Lots 1R1 and 5-10, Block 1, Town Center Colleyville, Phase 1, being a replat of Lot 1 R, Block 1 of the Town Center Colleyville, Phase I Addition, Case P-06-003 ,"'- 3 CITY COUNCIL MINUTES MARCH 7, 2006 d. Approval of an amendment to the City's web site linking policy Mayor Kelly read Resolution R-06-2670 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-06-2670. 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. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1567 - Approval of a request for a Zoning Change from CC1-Village Retail and AG-Agricultural to PUDR-Planned Unit Development Residential on 22.9 acres out of the G. Minter Survey located northwest of Heritage Avenue and Glade Road, Case Z-06-001 Mayor Kelly read the caption of Ordinance 0-06-1567. Community Development Manager Barry LeBaron provided an overview of the proposed request for a zoning change. Mr. Curtis Young, 803 Jefferson Circle, representing the applicant, provided information regarding the developer and an overview of the proposed development. Mayor Kelly opened the public hearing. Mr. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the proposed ordinance and regarding the average Colleyville home price, the comments of the Planning and Zoning Commission regarding the proposed development, the Colleyville Master Plan and the development of neighborhood homes. Mr. Serge Goldberg, 5008 Auburndale, spoke in favor of the proposed ordinance and regarding the quality of the proposed development. Mr. Ken Sauer, 5017 Roberts Road, spoke in opposition to the proposed ordinance. 4 CITY COUNCIL MINUTES MARCH 7, 2006 Mr. Ron Rickman, 3604 Cotswald Court, spoke in favor of the proposed ordinance. Ms. Lilla Bench, 3810 Glade Road, spoke in favor of the proposed ordinance and regarding the quality of the proposed development. Mr. Mark Jones, 3604 Wexford Court, spoke in favor of the proposed ordinance and regarding the vision for the eastern entrance of Colleyville. Mr. David Glenn, 3700 Laurens Place, spoke in favor of the proposed ordinance and regarding service on the Master Plan Committee and the character of the City. Mr. Bruce Morris, 4708 Prestwick Drive, spoke in favor of the proposed development and regarding the quality and taxable value of the proposed development. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Curtis Young answered questions of the Council. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1568 - Approval of a Zoning Change request from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 5.6 acres out of the S.C.H. Witten Survey located in the 5100 and 5200 blocks of Pool Road, Case Z-06-002 Mayor Kelly read the caption of Ordinance 0-06-1568. Community Development Manager Barry LeBaron provided an overview of the proposed zoning change and reported that the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. READING AND PUBLIC HEARING - Resolution R-06-2671 - Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 2, Block 1 of the Newgren Addition located at 200 John McCain Road, Case G- 06-006 Mayor Kelly read Resolution R-06-2671 in its entirety. 5 CITY COUNCIL MINUTES MARCH 7, 2006 Community Development Manager Barry LeBaron provided an overview of the request for a waiver for the construction or escrow of funds for sidewalks. Mr. Dennis Newgren, 200 John McCain Road, applicant, spoke regarding the request for the waiver. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the future development of the area and the construction of sidewalks. Mayor Pro Tem Ayers moved to approve Resolution R-06-2671. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Hart and Mayor Pro Tem Ayers Nays: Councilpersons Licata and Hendler Mayor Kelly declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-06-2672 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case G-06- 008 Mayor Kelly read Resolution R-06-2672 in its entirety. Community Development Manager Barry LeBaron provided an overview of the reasons necessary for the request for the waiver. 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-06-2672. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 6 CITY COUNCIL MINUTES MARCH 7, 2006 Mayor Kelly declared the motion carried. Mayor Kelly recessed the meeting at 9:02 p.m. and reconvened at 9:10 p.m. TABLED ITEMS: 9. 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. 1 o. 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 Mayor Pro Tem Ayers moved to remove Ordinance 0-06-1560 from the table. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. Mayor Kelly read the caption of Ordinance 0-06-1560. Mr. Richard Myers, 300 Lloyd Circle, applicant, expressed appreciation to City Council and staff for their work on the ordinance and spoke regarding the future development of the Village at Colleyville and regarding the proposed amendments and the financial backing of the development. Mr. Dan Bryson, of Fenoglio, Fowler L.P., 806 Boston, Southlake, Texas, representing the developer, spoke regarding the financial structure for the Village at Colleyville, and provided an overview of the mixed use developments financed by Fenoglio, Fowler L.P. Mr. Henry S. Miller, representing the developer, spoke regarding the residential community interaction with the commercial development and the future activity within the Village at Colleyville as a community. Mr. Richard Myers, 300 Lloyd Circle, provided a list of proposed changes to the proposed ordinance. 7 CITY COUNCIL MINUTES MARCH 7, 2006 Mayor Kelly opened the public hearing. Mr. Christopher Wilke, 6605 Victory Crest Drive, Arlington, Texas, spoke in favor of the proposed ordinance and regarding the quality of the Village at Colleyville development. Mr. Max Abrahamsen, 809 Tall Oak Lane, Keller, Texas, spoke in favor of the proposed ordinance and regarding density and the positive aspects of a diverse community. Mr. John Arnett, 85 Village Lane, spoke in support of the proposed ordinance and the success of their business in the Village at Colleyville. Ms. Amy Dickson, 55 Main Street, owner of The Perfect Petal, spoke in favor of the proposed ordinance and regarding the success of her business located in the Village at Colleyville and the expansion of the development. Ms. Catherine Young, 811 Central Drive, spoke regarding plans for the construction of a fence between her property and the Village at Colleyville. Ms. Linda Baker, 4900 Behrens Road, spoke in opposition to the proposed ordinance and regarding the history and future of the development of the Village at Colleyville. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance and regarding public notification, the type of residential development and the future commercial development of the Village at Colleyville. Mr. Clint Young, 811 Central Drive, spoke regarding the construction of a fence between residences on Central Drive and the Village at Colleyville development and regarding the northern boundaries of the development. Mr. David McMillan, 104 Quail Run, spoke in favor of the proposed ordinance and regarding the quality of life in the Village at Colleyville and the success of his business in the Village at Colleyville Ms. Dee McNosky, 5108 Pleasant Run Road, spoke in favor of the proposed ordinance and regarding public notification of the meeting and the success of businesses in the Village at Colleyville. Mr. Pete Challinor, 3403 Queensbury Way East, spoke in favor of the proposed ordinance and regarding the successful businesses in the Village at Colleyville. Mr. David Young, 811 Central Drive, spoke in opposition to the proposed ordinance and regarding increasing the number of residential units in the Village at Colleyville and property values of area neighborhoods. Mayor Kelly requested information regarding the public notification of the meeting. 8 CITY COUNCIL MINUTES MARCH 7, 2006 City Manager Bill Lindley stated that at the February 7 City Council meeting, the Council tabled this agenda item. At that same meeting, the City Council directed staff to publicize notice and mail notices to property owners for a March 7 City Council meeting, and Council would conduct a public hearing to afford an opportunity for citizens to make a public comment. To meet the state law requirements, which require specific dates for publication and notice to property owners for zoning public hearings, letters were sent to 37 property owners within 200 feet of the proposed zoning on February 17. Mr. Lindley further stated that a list of those property owners is included in the City Council briefing, which is public. The February 21 City Council agenda listed the item as a tabled item and the briefing of this item noted the scheduled hearing for a March 7, 2006 meeting date. That agenda briefing was also made public, both as a public copy available at the City Council meeting, as well as posted on the City web site. The February 21 agenda briefing was available to the general public in several different places. Mr. Myers provided information regarding the buffer between the Village at Colleyville and the Central Drive neighborhood. Mayor Pro Tem Ayers suggested that the pre-existing homes should be declared legally conforming. There was general discussion regarding the maximum number of units and square footage, variety of residences, three stories versus four stories, residential unit price, screening wall and financial viability of the project. Mayor Pro Tem Ayers reviewed the Pre Council discussion of the proposed changes. Mayor Kelly reviewed the proposed changes accepted by Mr. Myers. Community Development Manager Barry LeBaron reviewed the original concept and floor plan of the residential development. Discussion ensued regarding the viability of the project if the proposed ordinance is further revised. Mayor Pro Tem Ayers moved to table Ordinance 0-06-1560 and to consider at the March 21,2006 meeting without a Public Hearing. Mr. Henry S. Miller spoke regarding the retail development of the Village at Colleyville. Councilman Hart seconded the motion. City Manager Bill Lindley stated that proper notice will be given in accordance with state law as was provided for previous meetings. 9 CITY COUNCIL MINUTES MARCH 7, 2006 Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Kathy Hadley, 204 Timberline North, spoke regarding the forum for citizens to speak and regarding the weight given to citizens who do not live in Colleyville and regarding staff response to citizen comments. Mr. Clint Young, 806 Central Drive, spoke regarding the reasons for requesting a masonry wall between the Central Drive neighborhood and the Village at Colleyville development. REPORTS: 12. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 28, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 9, 2006 There was no action taken on this item. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 7, 2006 - Reading and Public Hearing - Resolution R-06-2673 This resolution was not needed. ADJOURNMENT 14. 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 10 CITY COUNCIL MINUTES MARCH 7, 2006 Mayor Kelly declared the meeting adjourned at 11 :26 p.m. APPROVED THIS c2/srDAY OF j;>ztVLc..lf 2006, BY A VOTE OF S AYES, 0 NAYS AND 0 ABSTENTIONS. Minutes ta~epared. by: ~ C~gleton, ;~ City Secretary 11