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HomeMy WebLinkAboutCity Council-Minutes-6/20/2006 City of Colleyville Agenda City Council 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com Mayor David Kelly and Mayor Pro Tem Jon Ayers Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor Tuesday, June 20, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of Senior Center Advisory Committee PC-2 Discussion of selecting tentative dates to meet with GCISD Board of Directors, Colleyville Area Chamber of Commerce and the Colleyville Parks and Recreation Advisory Board PC-3 Discussion of date and time for Councilmember and City Council portraits PC-4 Presentation of the Monthly Financial Report - May 2006 PC-5 Discussion of the Board, Commission and Committee Appreciation Event PC-6 Presentation of water usage and management practices PC-7 Discussion of the June 20, 2006, City Council regular agenda items REGULAR MEETING 6:45 P.M. CALL TO ORDER - ROLL CALL 6:10 P.M. - CELEBRATE COLLEYVILLE STEERING COMMITTEE AND LIBRARY BOARD APPLICANT INTERVIEWS 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 City of Colleyville Page 1 Printed on 6/15/2006 City Council Agenda June 20, 2006 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Eric Vaughan, First Baptist Church 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-06-2706 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation - Recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2707 4a Approval of minutes of the regular City Council meeting of June 6, 2006 4b Approval of a lease purchase agreement with Koch Financial Corporation for the lease of a Pierce Quantum Custom Pumper Fire Truck in the amount of $408,716.00 4c Approval of a construction contract with Reynolds Asphalt Co., for the Resurfacing of San Bar Lane and Greenbriar Lane, in the amount of $126,040.00, and authorize the City Manager to execute the contract 4d Approval of setting the date of July 18, 2006, for a public hearing to consider a request by Covenant Christian Academy for a two year City of Colleyville Page 2 Printed on 6/15/2006 City Council Agenda June 20,2006 extension on the use of two existing portable buildings located at 715 Cheek Sparger Road, Case G-06-018 4e Approval of the purchase of Radar Speed Display Signs from Houston-Galveston Area Council of Governments (HGAC), in the amount of $41,280.00 4f Approval of an Amendment to Resolution R-02-1933 to amend the Master Signage Plan for Town Center Colleyville to allow a wall sign to extend up to 48 inches above the roof line on buildings containing over 30,000 square feet of floor area, Case G-06-019 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1574 5b 0-06-1575 5c 0-06-1576 5d 0-06-1577 Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on three acres on Lot 1, Block 1 of the Wilson Estate Addition located at 1304 Tinker Road, Case Z-06-003 Approval of a Special Use Permit for an accessory building on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive, Case Z -06-006 Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail, Case Z-06-009 Adopting an annual budget for Fiscal Year 2007 for the Colleyville Crime Control and Prevention District 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1578 Approval of an Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage, Case G-06-011 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2708 7b R-06-2709 7c R-06-2710 Consideration of appointment to the Celebrate Colleyville Steering Committee Consideration of appointments to the Colleyville Library Board Consideration of appointments to the Colleyville Economic Development Corporation City of Colleyville Printed on 6/15/2006 Page 3 City Council Agenda June 20, 2006 7d R-06-2711 Consideration of appointment to the Audit Committee 7e R-06-2712 Authorize the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity effective January 1,2007 7f R-06-2713 Denial of Atmos Energy Corporation's Statement of Intent to increase rates 79 R-06-2714 Denial of Atmos Energy Corporation, Mid-Tex Division's Gas Reliability Infrastructure Program (GRIP) rate increase 7h R-06-2715 Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees 8. TABLED ITEM(S): 8a 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 8b 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-06-008 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Parks and Recreation Advisory Board Minutes - May 1, 2006 Library Board Minutes - May 8, 2006 Planning and Zoning Commission Minutes - May 22, 2006 Street Capital Improvement Plan Committee Minutes - June 1, 2006 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 20, 2006 - Reading and Public Hearing - Resolution R-06-2716 12. ADJOURNMENT: City of Colleyville Page" Printed on 6/1512006 City Council Agenda June 20, 2006 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 16, 2006 by 5:00 p.m. /JIJiC 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. City of Colleyville Page 5 Printed on 6/1512006 "It.x..,.,. City of Colleyville City Council Minutes City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com Tuesday, June 20, 2006 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 20, 2006, at 5:36 p.rn. ROLL CALL: Council persons Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Parks and Recreation Director Monica Walsh, Recreation Specialist Renee Garrett, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. Councilman George Boll arrived at 5:40 p.m. Councilman Rich Hendler was absent. PC-1 Discussion of Senior Center Advisory Committee Parks and Recreation Director Monica Walsh introduced Colleyville senior citizen group members Jim Moore, Connie Hampton, Jim Hampton, Ed Havran, Mary Weaver, Marion Jenkins and Sam McCollough. Ms. Walsh presented the proposed Senior Center Advisory Committee bylaws and answered questions of the City Council. There was general discussion of the proposed bylaws, the appointment process and the structure and authority of the Committee. PC-2 Discussion of selecting tentative dates to meet with GCISD Board of Directors, Colleyville Area Chamber of Commerce and the Colleyville Parks and Recreation Advisory Board City Council determined that a meeting with the Grapevine-Colleyville Independent School District be scheduled in September 2006. City Council determined that a meeting with the Colleyville Area Chamber of Commerce be scheduled in August 2006. City Council determined that a joint meeting with the Parks and Recreation Advisory Board will be held on August 7, 2006. PC-3 Discussion of date and time for Councilmember and City Council portraits City Council determined that the portrait sitting would be July 5, 2006, at 5:30 p.m. City of Colleyville Page 1 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 PC-4 Presentation of the Monthly Financial Report - May 2006 The meeting was adjourned prior to discussion of this item. PC-5 Discussion of the Board, Commission and Committee Appreciation Event City Secretary Cynthia Singleton presented information regarding a board, commission and committee appreciation event. City Council determined that the appreciation event would be held September 28, 2006, at the Colleyville Center. PC-6 Presentation of water usage and management practices City Manager Bill Lindley provided an overview of the meeting with the Trinity River Authority regarding water usage and management practices and the planned expansion of facilities. Public Works Director Steve Chutchian provided information regarding the City's water conservation plan. PC-7 Discussion of the June 20, 2006, City Council regular agenda items There was general discussion regarding agenda item 7h, Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees. Mayor Kelly stated that the applicant for agenda item 8b, requested a continuance to the July 5, 2006 meeting. Mayor Kelly stated that the ordinance for agenda item 8a includes additional language for proper ingress and egress in accordance with the International Fire Code. There being no further business, Mayor Kelly declared the meeting adjourned at 6:31 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 20,2006, at 6:54 p.m. ROLL CALL: Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. 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 City of Colleyville Page 2 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 ",- 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 Mayor Kelly explained that the Executive Session had been called in acordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:55 p.m. and reconvened at 7:35 p.m. The invocation was given by Councilman George Boll and City Attorney Matthew Boyle led the Pledge of Allegiance. 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2706 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation - Recognition of employees for years of service In recognition of the City of Colleyville's 50th Anniversary, Mayor Kelly read the June 11, 1968, City Council minutes. Mayor Kelly presented Certificates of Recognition for years of service to Firefighter/Paramedic Daniel Torti and Parks Superintendant Chuck Majors and recognized employees Marc Russelll, Toni Shults, Randy Bright and Norman King Mayor Kelly congratulated Robert McKeown for the recent promotion to Fire Marshal. Mayor Kelly recognized Chad Bartee for earning the Professional Engineering certification. Mayor Kelly announced that the applicant for agenda item 8b requested a continuance. The public hearing will be held but no action will be taken. City of Colleyville Page 3 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 Councilman Hendler announced that the first meeting in July will be held on Wednesday, July 5, 2006, due to the Fourth of July holiday. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2707 4a Approval of minutes of the regular City Council meeting of June 6, 2006 4b Approval of a lease purchase agreement with Koch Financial Corporation for the lease of a Pierce Quantum Custom Pumper Fire Truck in the amount of $408,716.00 4c Approval of a construction contract with Reynolds Asphalt Co., for the Resurfacing of San Bar Lane and Greenbriar Lane, in the amount of $126,040.00, and authorize the City Manager to execute the contract 4d Approval of a request by Covenant Christian Academy for a two year extension on the use of two existing portable buildings located at 715 Cheek Sparger Road, Case G-06-018 4e Approval of the purchase of Radar Speed Display Signs from Houston-Galveston Area Council of Governments (HGAC), in the amount of $41 ,280.00 4f Approval of an Amendment to Resolution R-02-1933 to amend the Master Signage Plan for Town Center Colleyville to allow a wall sign to extend up to 48 inches above the roof line on buildings containing over 30,000 square feet of floor area, Case G-06-019 Mayor Kelly read Resolution R-06-2707 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-06-2707. Councilman Hart seconded the motion. City Manager Bill Lindley provided information related to the Radar Speed Display Signs. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor .~ City of Colleyville Page 4 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1574 5b 0-06-1575 5c 0-06-1576 Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on three acres on Lot 1, Block 1 of the Wilson Estate Addition located at 1304 Tinker Road, Case Z-06-003 Mayor Kelly read the caption of Ordinance 0-06-1574. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hart moved to approve Ordinance 0-06-1574. Councilman Licata seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Approval of a Special Use Permit for an accessory building on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive, Case Z-06-006 Mayor Kelly read the caption of Ordinance 0-06-1575. Mr. Frank Manzare, 5105 Apple Valley Drive, applicant, provided information regarding the purchase of the property and conditions related to the plans and construction of a carport. 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 0-06-1575. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail, Case Z-06-009 Mayor Kelly read the caption of Ordinance 0-06-1576. Community Development Manager Barry LeBaron stated that an additional letter of opposition to the proposed ordinance was received on June 20, 2006, and distributed to City of Colleyville Page 5 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 the City Council. Mayor Kelly opened the public hearing. Mr. Grady Walker, 7301 John McCain Road, spoke in opposition to R20 zoning and regarding drainage issues. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding zoning in the surrounding area, drainage issues within the City and standards for drainage and retention ponds. Councilman Hart moved to approve Ordinance 0-06-1576. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5d 0-06-1577 Adopting an annual budget for Fiscal Year 2007 for the Colleyville Crime Control and Prevention District Mayor Kelly read the caption of Ordinance 0-06-1577. 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 0-06-1577. Councilman Hendler seconded the motion. Mayor Kelly reviewed the Colleyville Crime Control and Prevention District (CCCPD) projected revenues and expenditures. Mayor Pro Tem Ayers stated that the Metroport Teen Court expenses are included in the CCCPD budget and that the budget provides for public safety. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1578 Approval of an Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage, Case G-06-011 Mayor Kelly read the caption of Ordinance 0-06-1578. City of Colleyville Page 6 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 Community Development Manager Barry LeBaron provided an overview of the proposed Ordinance. 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 use of existing private water wells for drilling and domestic water requirements. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2708 Consideration of appointment to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-06-2708 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2708, appointing Nelson Thibodeaux to the Celebrate Colleyville Steering Committee through December 2007. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart Nay: 1 - Mike Taylor 7b R-06-2709 Consideration of appointments to the Colleyville Library Board Mayor Kelly read Resolution R-06-2709 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2709, appointing Karen Birkes to Place 2, Susan Potter to Place 4, Mary Alice Rippe to Place 6, Carol Wollin to Place 7 and Nancy Bowen as Alternate 2 and the ex officio members are Steve Banta, Nancy Coplen, Dr. Larry Oar/age, Mayor David Kelly, Ret Stansberger and the Presidents of the Colleyville Public Library Foundation and the Friends of the Colleyville Public Library. Councilman Taylor seconded the motion. City of Colleyville Page 7 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 The motion carried by the following vote: 7c R-06-2710 7d R-06-2711 7e R-06-2712 Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointments to the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-06-2710 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilman Boll moved to approve Resolution R-06-2710, appointing Councilmembers Ayers, Hendler and Hart to the Colleyville Economic Development Corporation. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointment to the Audit Committee Mayor Kelly read Resolution R-06-2711 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2711, appointing Councilman Licata to the Audit Committee. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Authorize the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity effective January 1,2007 Mayor Kelly read Resolution R-06-2712 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed City of Colleyville Page 8 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 the public hearing. 7f R-06-2713 7g R-06-2714 Mayor Pro Tem Ayers moved to approve Resolution R-06-2712. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Denial of Atmos Energy Corporation's Statement of Intent to increase rates Mayor Kelly read Resolution R-06-2713 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly reopened the public hearing to allow citizens to speak. Ms. Mary Jean Moloney, 800 East Border Street, Arlington, Texas, representing Atmos Energy Corporation, recommended denial of Resolution R-06-2713. 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-06-2713. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Denial of Atmos Energy Corporation, Mid-Tex Division's Gas Reliability Infrastructure Program (GRIP) rate increase Mayor Kelly read Resolution R-06-2714 in its entirety. Mayor Kelly opened the public hearing. Ms. Mary Jean Moloney, 800 East Border Street, Arlington, Texas, representing Atmos Energy Corporation, recommended denial of Resolution R-06-2714. 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-06-2714. Councilman Boll seconded the motion. City Manager Bill Lindley spoke regarding the rate structure of Atmos Energy Corporation. City of Colleyville Page 9 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7h R-06-2715 Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Mayor Kelly read Resolution R-06-2715 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. There was general discussion regarding the City Council liaisons to the boards, commissions and committees and the City Council determined who would serve on each. Mayor Pro Tem Ayers moved to approve Resolution R-06-2715. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 8. TABLED ITEM(S): 8a 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 asked if anyone wanted to remove Ordinance 0-06-1572 from the table. Mayor Pro Tem Ayers moved to remove Ordinance 0-06-1572 from table. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly read the caption of Ordinance 0-06-1572. Community Development Manager Barry LeBaron stated that a revised proposed ordinance was distributed to Council. Mr. Neil Hart, 1600 Glade Road, applicant, provided information regarding the history of the business, building improvements and stated reasons for requesting a Special Use Permit. Mayor Kelly stated that there have been two public hearings and that this item was tabled on June 6, 2006, without a continuance of a Public Hearing and that there would City of Colleyville Page 10 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 be no public hearing on this item. There was discussion regarding a time period for the Special Use Permit. Mr. Hart was present to answer questions of the Council. Fire Chief Mike Johnston stated that the additional conditions added to the Ordinance achieves the goals of the International Fire Code standards. Discussion continued regarding access to the property. City Attorney Matthew Boyle stated that the long term ability to use Ross Road for access to this site has not been determined and the orange dedicated easements are guaranteed. Community Development Manager Barry LeBaron outlined the allowed uses of the property. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1572, with the modifications made resulting from the applicant's meeting with Fire Department officials. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Nay: 2 - George Boll, Rich Hendler 8b 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-06-008 Mayor Kelly read the caption of Ordinance 0-06-1573 and stated that the Public Hearing is continued from the June 6, 2006 City Council meeting and opened the public hearing. Mayor Pro Tem Ayers moved to remove Ordinance 0-06-1573 from table. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Pro Tem Ayers moved to open the public hearing tonight and continue the public hearing to the July 5, 2006, City Council meeting. Councilman Boll seconded the motion. Mayor Kelly stated that the public hearing would be opened and, subsequently, would entertain a motion to continue the public hearing to the July 5, 2006, City Council meeting. Ms. Gaye Wimmer, 5700 Winding Trail, spoke in opposition to the proposed ordinance and regarding noise pollution and drainage issues. City of Colleyville Page 11 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 Mr. Martin Wimmer, 5700 Winding Trail, spoke in opposition to the proposed ordinance and regarding commercialization in a residential neighborhood, reduction of property values and the future development of the property. Mr. Mark Humiston, 5501 Dusty Court, spoke in opposition to the proposed ordinance and regarding a neighborhood sUNey, noise pollution, the Master Plan, drainage issues and current deed restrictions. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance. Mayor Pro Tem Ayers moved to continue the public hearing to the July 5,2006, City Council meeting. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Luann Edwards, 220 West Glade Road, spoke regarding the development of the Rockrimmon subdivision related to the time of day construction begins and ends, the process for development citations and preventative measures to decrease violations. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the reconstruction of SH26, synchronizing traffic lights on SH26 and the structure of the City Council agenda. 10. REPORTS: Parks and Recreation Advisory Board Minutes - May 1, 2006 Library Board Minutes - May 8, 2006 Planning and Zoning Commission Minutes - May 22, 2006 Street Capital Improvement Plan Committee Minutes - June 1, 2006 There was no action taken on this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 20, 2006 - Reading and Public Hearing - Resolution R-06-2716 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Boll seconded the motion. City of Colleyville Page 12 Printed on 7/6/2006 City Council City Council Minutes June 20, 2006 "fOl_ The motion carried by the following vote and Mayor Kelly adjourned the meeting at 9:28 p.m. Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor APPROVED BY A VOTE OF 'I ABSTENTIONS ON THIS THE .4" ~ AYES, t) NAYS AND DAY OF 11~-'J D 2006. ~~ City of Colleyville Page 13 Printed on 7/6/2006