HomeMy WebLinkAboutCity Council-Minutes-5/16/2006
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City of Colleyville
Agenda
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
Tuesday, May 16, 2006
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1
Discussion of Warrant Officer Program
PC-2
Presentation of the Monthly Financial Report - April 2006
PC-3
Discussion of implementing a paperless City Council agenda packet
PC-4
Discussion of the May 16, 2006 City Council regular agenda items
REGULAR MEETING
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 - Legal - Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
Sec. 551.071 - Legal - Brian K. Meroney vs. City of Colleyville
Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski
vs. David C. Banning, Tamara S. Banning and City of Colleyville,
Texas
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551-087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
City of Colleyvi/le
Page 1
Printed on 6/8/2006
City Council
Agenda
May 16, 2006
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Lloyd McCutchen, Colleyville Assembly of God
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-06-2697
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
PROCLAMATION - In recognition of Police Memorial Week and
Reserve Officer Dennis Harrell, killed in the line of duty - Tommy Ingram,
Police Chief
PROCLAMATION - In recognition of National Public Works Week -
Steve Chutchian, Public Works Director
PROCLAMATION - In recognition of One Book One Community - Mary
Rodne, Library Director
PROCLAMATION - In recognition of Covenant Christian Academy Lady
Cougars Basketball T APPS 2A State Championship - Head Coach Ray
DeBord
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2698
4a Approval of minutes of the regular City Council meeting of May 2, 2006
4b Approval of a Preliminary Plat for Lots 1-16, Block 1 of the Colleyville
Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F,
Block 2 of the Colleyville Estates Addition located at 5400 to 5408
Pleasant Run Road, Case P-06-020
4c Approval of a construction contract with Mega Contractors, Inc., for the
modifications at the Senior Center, in the amount of $289,243.94, and
authorize the City Manager to execute the contract
4d Approval of a Preliminary Plat on 4.01 acres for the Heritage Glade
Office Park Addition located in the 5100 block of Heritage Avenue, Case
P-06-024
City of Colleyville
Page 2
Printed on 6/8/2006
City Council
Agenda
May 16, 2006
4e Approval of setting the dates of July 18, 2006 and August 2, 2006 for
public hearings to consider approval of Land Use Assumptions,
Roadway, Water and Wastewater Capital Improvement Plans and
Impact Fees in accordance with Chapter 395 of the Texas Local
Government Code, Case G-06-014 - by Consent
4f Approval of a construction contract with Midwest Wrecking Co., for the
Old City Hall Demolition, in the amount of $13,320, authorizing the City
Manager to execute the contract
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a
0-06-1571
Approval of finding that the existing natural gas distribution rates of
Atmos Mid-Tex should be reduced; ordering Atmos Energy Corp.,
Mid-Tex Division, to reduce its existing rates within the city; adopting
specific new rates R,T&C and ordering all rates, service charges and
tariff language not inconsistent with Attachment "1" to remain operative
except that all Gas Rate Infrastructure Program (GRIP) surcharges shall
immediately cease; and ordaining other provisions related to the subject
matter hereof
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a
0-06-1572
Approval of a Special Use Permit for outdoor storage on Lot 1 R3, Block
1 of the West Industrial Addition located at 6617 Colleyville Boulevard,
Case Z-06-007
6b Approval of a Zoning Change from RE-Residential Estate to
PUDR-Planned Unit Development Residential on 4.15 acres on Lots 1A
and 2, Block 1 of the Wildwood Estates Addition located at 5604 and
5700 Pool Road, Case Z-06-008
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Parks and Recreation Advisory Board Minutes - April 3, 2006
Library Board Minutes - April 1 0, 2006
Planning and Zoning Commission Minutes - April 24, 2006
City of Colleyville
Page 3
Printed on 6/8/2006
City Council
Agenda
May 16, 2006
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 16, 2006
Reading and Public Hearing - Resolution R-06-2698
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
May 13, 2006, by 5:00 .
~ngleton, 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.
City of Colleyville
Page 4
Printed on 6/8/2006
MINUTES OF THE
CITY COUNCIL MEETING
MAY 16,2006
The Pre Council meeting of the Colleyville City Council was called to order by Mayor
David Kelly on May 16, 2006, at 5:36 p.m.
ROLL CALL:
Councilpersons George Boll, Rich Hendler and Tom Hart were
present. Mayor David Kelly, City Manager Bill Lindley, Assistant
City Manager Paul Frederiksen, Police Chief Tommy Ingram,
Lieutenant Rodney Cunningham, Community Development
Manager Barry LeBaron, Public Works Director Steve Chutchian,
Network Administrator Chris Pena, Budget and Administrative
Services Manager Stephen Seidel, City Attorneys Matthew Boyle
and Kristy Orr and City Secretary Cynthia Singleton were also
present.
Councilman Tony Licata and Mayor Pro Tem Ayers were absent.
Due to a lack of a quorum, the meeting was adjourned at 5:38 p.m. City Attorney
Matthew Boyle stated that the meeting may be reconvened at the earlier of either the
arrival of a quorum or the regular scheduled meeting.
Mayor Pro Tem Ayers arrived at 6:40 p.m. and the Pre Council meeting was
reconvened at 6:46 p.m.
PC-i. Discussion of Warrant Officer Program
Council determined that staff should proceed with the Warrant Officer Program.
PC-2. Presentation of the Monthly Financial Report - April 2006
This item was not discussed.
PC-3. Discussion of implementing a paperless City Council agenda packet
CITY COUNCIL MINUTES
MAY 16, 2006
City Secretary Cynthia Singleton provided an overview of the options to consider for
implementation of a paperless City Council agenda packet.
Network Administrator Chris Pena demonstrated the note taking features of the laptop
computer.
City Manager Bill Lindley presented information regarding a pilot program, in which
Councilmembers would utilize a paperless agenda packet and test the functionality of
laptop computers for use at home and City Hall, provided the cost to implement the pilot
program and answered questions of the Council.
Council determined that the pilot program would be implemented for the full Council for
ninety days.
PC-4. Discussion of the May 16, 2006, City Council regular agenda items
The meeting was adjourned prior to this item being discussed.
-
There being no further business, Mayor David Kelly declared the Pre Council meeting
adjourned at 7:21 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor David
Kelly on May 16, 2006, at 7:25 p.m.
ROLL CALL:
Councilpersons George Boll, 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, Lieutenant Rodney Cunningham,
Public Works Director Steve Chutchian, Project Engineer Chad
Bartee, Community Development Manager Barry LeBaron,
Community Development Coordinator Chris Fuller, Library Director
Mary Rodne, Adult Services Librarian Erica Gill, Parks and
Recreation Director Monica Walsh, Operations Manager Kelly
Howell, Water Superintendent Ken Tywater, Equipment Operator
James Watkins, Budget and Administrative Services Manager
Stephen Seidel, Communications Manager Mona Gandy, City
Attorneys Matthew Boyle and Kristy Orr and City Secretary Cynthia
Singleton were also present.
Councilman Tony Licata was absent.
2
CITY COUNCIL MINUTES
MAY 16, 2006
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
Legal - Brian K. Meroney vs. City of Colleyville
Legal - George Hencinski and Rose Mary Hencinski vs.
David C. Banning, Tamara S. Banning and City of
Colleyville, Texas
Legal - Potential Litigation - Marketing Management
Incorporated, Professional Services, Inc., (MMI) and Citizen
Centric Solutions (CCS)
Property - Deliberate the purchase, lease, exchange or value
of real property
Economic Development - Discuss and deliberate commercial
and financial information received from business prospect(s)
the City seeks to have locate, stay or expand within the City
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 7:26 p.m. and reconvened at 7:45 p.m.
The invocation was given by Youth Pastor Jeff Strickland of Colleyville Assembly of God
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-06-2697
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 announced that this is the last City Council meeting for Assistant City
Manager Paul Frederiksen who has accepted a position with the Las Colinas
Association. Mr. Frederiksen has been instrumental in the development of a new web
site, the planning of the new fire stations and the Senior Center.
3
CITY COUNCIL MINUTES
MAY 16, 2006
Mayor Kelly congratulated City Secretary Cynthia Singleton for receiving the Certified
Municipal Clerk certification from the International Institute of Municipal Clerks and
expressed appreciation for the dedication to professional development.
Mayor Kelly invited citizens to participate in a community demolition project at the
Senior Center, 2512 Glade Road, on May 20,2006.
Mayor Kelly read the Special City Council meeting minutes of August 26, 1969 and
regular City Council meeting minutes of May 13, 1969, as a tribute to the City of
Colleyville 50th anniversary.
Mayor Kelly presented a Proclamation to Police Chief Tommy Ingram in recognition of
Police Memorial Week and Reserve Officer Dennis Harrell killed in the line of duty.
Police Chief Ingram expressed appreciation for the recognition and remembered those
that protect our country and our community on a daily basis, and honored Reserve
Officer Dennis Harrell, who died in the line of duty.
Mayor Kelly presented a Proclamation to Public Works Director Steve Chutchian in
recognition of National Public Works Week.
Public Works Director Steve Chutchian introduced Public Works employees, Ken
Tywater, Water Superintendent, Chad Bartee, Project Engineer, Kelly Howell,
Operations Manager and James Watkins, Equipment Operator and presented the City
Council with Public Works' caps.
Mayor Kelly presented a Proclamation to Library Director Mary Rodne and Adult
Services Librarian Erica Gill in recognition of One Book One Community.
Library Director Mary Rodne expressed appreciation to the Mayor and Council for
support of the program, invited citizens to participate in the first One Book One
Community event, "Northeast Tarrant Reads Isaac's Storm" and presented the Mayor
with a copy of the book.
Mayor Kelly presented a Proclamation to Head Coach Ray DeBord in recognition of
Covenant Christian Academy Lady Cougars Basketball T APPS 2A State Championship
and recognized Lady Cougars Julia Stallard, Caitlin Williams, Amenemope McKinney,
Allison Stallard, Caitlin Tanner, Lauren Williams, Bonnie Chipman, Katelyn Kirkpatrick,
Sarah Auld, Alex Bryant, Amanda Mitchell and Coaches Diana DeBord, Cindy Taylor
and Jill Stallard, and Team Managers Victoria Shaw, Jessica Darby and Audra Fulp.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2698
",-
4a
Approval of minutes of the regular City Council meeting of May 2, 2006
4
CITY COUNCIL MINUTES
MAY 16, 2006
4b Approval of a Preliminary Plat for Lots 1-16, Block 1 of the Colleyville Heights
Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the
Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road, Case P-
06-020
4c Approval of a construction contract with Mega Contractors, Inc., for the
modifications at the Colleyville Senior Citizen Center, in the amount of
$289,243.94, and authorize the City Manager to execute the contract
4d Approval of a Preliminary Plat on 4.01 acres for the Heritage Glade Office Park
Addition located in the 5100 block of Heritage Avenue, Case P-06-024
4e Approval of setting the dates of July 18, 2006 and August 2, 2006 for public
hearings to consider approval of Land Use Assumptions, Roadway, Water and
Wastewater Capital Improvement Plans and Impact Fees in accordance with
Chapter 395 of the Texas Local Government Code, Case G-06-014
4f Approval of a construction contract with Midwest Wrecking Co., for the Old City
Hall Demolition, in the amount of $13,320, authorizing the City Manager to
execute the contract
Mayor Kelly read Resolution R-06-2698 in its entirety.
Mayor Kelly opened the public hearing.
Mr. Jim Moore, 1416 Glade Road, spoke regarding the reconstruction of the Senior
Center and in favor of the proposed Resolution.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing.
City Manager Bill Lindley stated that the timeline for completion of the project is
approximately sixty days.
Councilman Boll moved to approve Resolution R-06-2698.
Councilman Hart seconded the motion.
Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the motion carried.
5
CITY COUNCIL MINUTES
MAY 16, 2006
5. ORDINANCE(S):
5a. SECOND READING AND PUBLIC HEARING - Ordinance 0-06-1571 -
Approval of finding that the existing natural gas distribution rates of Atmos Mid-
Tex should be reduced; ordering Atmos Energy Corp., Mid-Tex Division, to
reduce its existing rates within the city; adopting specific new rates R,T&C and
ordering all rates, service charges and tariff language not inconsistent with
Attachment "1" to remain operative except that all Gas Rate Infrastructure
Program (GRIP) surcharges shall immediately cease; and ordaining other
provisions related to the subject matter hereof
Mayor Kelly read the caption of Ordinance 0-06-1571.
Mayor Kelly opened the public hearing.
Mary Maloney, 800 E. Border Street, Arlington, Texas, Atmos Energy representative,
spoke in opposition to the proposed Ordinance.
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 Ordinance 0-06-1571.
Councilman Hart seconded the motion.
Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the motion carried
6. ORDINANCE(S):
6a. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1572 - Approval
of a Special Use Permit for outdoor storage on Lot 1 R3, block 1 of the West
Industrial Addition located at 6617 Colleyville Boulevard, Case Z-06-007
Mayor Kelly read the caption of Ordinance 0-06-1572.
Community Development Manager Barry LeBaron provided an overview of the request
for the Special Use Permit for outdoor storage and outlined the requirements
recommended by the Planning and Zoning Commission.
Mayor Kelly opened the public hearing.
6
CITY COUNCIL MINUTES
MAY 16, 2006
,-
Mr. Jim Graham, 6616 McMakin Court, referenced an e-mail from Mr. Anderson, spoke
regarding past actions of the City Council, home values, and spoke in opposition to the
proposed Ordinance and outlined additional provisions if the request is approved.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
Discussion ensued regarding the type of businesses allowed under the proposed
zoning, access points and drainage plans.
6b. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1573 - Approval
of a Zoning change from RE-Residential Estate to PUDR-Planned Unit
Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the
Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-006-
008
Mayor Kelly read the caption of Ordinance 0-06-1573.
,-
Community Development Director Barry LeBaron provided an overview of the proposed
zoning request and stated that a super majority vote by the City Council is required to
approve the request as the percentage of land area covered by the letters of opposition
exceeds the minimum twenty percent threshold.
Mr. Mark Tolson, GTF Design, 8251 Bedford Euless Road, North Richland Hills, Texas,
architect, spoke regarding the facility design, site plan, potential tax revenue and type of
resident care.
Mayor Kelly opened the public hearing.
Ms. Charlotte Sanders, 5508 Winding Trail, spoke in opposition to the proposed
ordinance and regarding the impact on home values.
Mr. Austin Campbell, 600 Jamboree, Euless, Texas, representing Ms. Billie Sanders,
spoke in opposition to the proposed ordinance and regarding restrictive covenants.
Mr. Sean Lucart, 2504 Kings Court, spoke in favor of the proposed ordinance and
regarding concerns if the zoning is approved and the property development plan
changes.
Mr. Frank Yin, 2501 Kings Court, spoke in opposition to the proposed zoning and
regarding the impact of the proposed zoning on home values.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing.
7
CITY COUNCIL MINUTES
MAY 16, 2006
,,-
Discussion ensued regarding the process and responsibility for resolving conflicts
related to restrictive covenants.
City Attorney Matthew Boyle stated that "from the City's perspective, we are legally
prohibited from entangling ourselves in those private property disputes between those
rights holders."
Mr. Tolson stated that the applicant is working with property owners to resolve any
conflicts related to restrictive covenants.
Discussion ensued regarding stipulations that will address the future use of the
property.
Mr. Steven Vick, 4232 San Carlos, Dallas, Texas, CEO, Signature Senior Living, spoke
regarding experience in the development and management of senior living properties,
spoke regarding the medical transport of residents and answered questions of the
Council.
CITIZEN COMMENTS:
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
REPORTS:
8. PARKS AND RECREATION ADVISORY BOARD MINUTES - April 3, 2006
LIBRARY BOARD MINUTES - April 1 0, 2006
PLANNING AND ZONING COMMISSION MINUTES - April 24, 2006
There was no action taken on this item.
ACTION/RESOLUTION:
9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 16, 2006 - Reading
and Public Hearing - Resolution R-06-2699
ADJOURNMENT
10. ADJOURNMENT
8
CITY COUNCIL MINUTES
MAY 16, 2006
There being no further business before the City Council, Councilman Boll moved to
adjourn.
Mayor Pro Tem Ayers seconded the motion.
Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers
Nays: None
Mayor Kelly declared the meeting adjourned at 8:51 p.m.
APPROVED BY A VOTE OF j' AYES, CJ
ABSTENTIONS THIS THE ~ >..; DAY OF 1~
NAYS AND
2006.
o
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Cynthia Singleton, TRMC
City Secretary
9