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Home My WebLink AboutCity Council-Minutes-7/5/2006 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 Wednesday, July 5, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 City Council portrait sitting PC-2 Discussion of Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees PC-3 Discussion of the 2007 Work Plan PC-4 Discussion of the July 5,2006, City Council 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. 551.074 - Personnel - Deliberate the assignment and appointment of the Planning and Zoning Commission City of Colleyville Page 1 Printed on 6/29/2006 City Council Agenda July 5, 2006 Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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: Sister Dorothy Eggering, Good Shepherd Catholic Community 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-06-2717 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - Parks and Recreation Month - Monica Walsh, Parks and Recreation Director 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2718 4a Approval of minutes of the regular City Council meeting of June 20, 2006 4b Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case P-06-030 City of Colleyville Page 2 Printed on 6/29/2006 City Council Agenda July 5, 2006 5. EMERGENCY ORDINANCE: READING AND PUBLIC HEARING 5a 0-06-1579 Approval of an Emergency Ordinance enacting water conservation measures for commercial and residential users 6. ORDINANCE(S): SECOND 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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a 0-06-1580 Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a R-06-2719 8b R-06-2720 8e R-06-2721 9. TABLED ITEM: 9a 0-06-1573 Approval to establish the Senior Center Advisory Committee and approve the Bylaws Consideration of appointment to the Tax Increment Financing District (TIF) Board of Directors Approval to amend and replace Resolution R-05-2599, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date 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 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 6/29/2006 City Council Agenda July 5, 2006 11. REPORTS: Capital Improvements Advisory Committee Minutes - November 14, 2005 Zoning Board of Adjustment Minutes - May 9, 2006 Capital Improvements Advisory Committee Minutes - June 12, 2006 Planning and Zoning Commission Minutes - June 12, 2006 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 5, 2006 Reading and Public Hearing - Resolution R-06-2722 13. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, J~6bY. p. 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 4 Printed on 6/29/2006 ....e.,""'. /ffriI,. ' U'" 'If} 1('X:;fi. City of Colleyville City Council Minutes City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Wednesday, July 5, 2006 CITY COUNCIL CHAMBERS PC-1 PC-2 PC-3 PC-4 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 5, 2006, at 5:31 p.m. The meeting recessed at 5:32 p.m. for the City Council portrait sitting and reconvened at 6:00 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tern 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, CirculationlComputer Services Librarian John Schanot, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. City Council portrait sitting A portrait was taken of the City Council, which is placed in the City Hall foyer. Discussion of Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees Community Development Manager Barry LeBaron provided information regarding the role of the Capital Improvements Advisory Committee, the requirement to update the Capital Improvement Plan and introduced Aaron Nathan and John Atkins of Kimley-Horn and Associates. Mr. Aaron Nathan of Kimley-Horn Associates, presented a summary of the update to the Water, Wastewater and Roadway Impact Fee Study, reviewed the project schedule and answered questions of the Council. Community Development Manager Barry LeBaron stated that the Capital Improvements Advisory Committee recommended approval of the Impact Fee Study. City Manager Bill Lindley provided information regarding the fee structure. Discussion of the 2007 Work Plan The meeting was adjourned prior to discussion of this item. Discussion of the July 5, 2006, City Council agenda items Mayor Kelly indicated interest in the position on the Tax Increment Financing District Board of Directors, Item 8b. Mayor Kelly announced that the developer for Item 9a submitted a letter requesting withdrawal of the rezoning request. City of Colleyville Page 1 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 There being no further business Mayor Kelly declared the meeting adjourned at 6:51 p.m. The regular meeting of the colleyville City Council was called to order by Mayor David Kelly on July 5, 2006, at 6:53 p.m. ROLL Call: Councilpersons 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, Public Works Director Steve Chutchian, Engineer Chad Bartee, Community Development Manager Barry LeBaron, Development Coordinator Chris Fuller, Parks and Recreation Director Monica Walsh, CirculationlComputer Services Librarian John Schanot, 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 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. 551.074 - Personnel - Deliberate the assignment and appointment of the Planning and Zoning Commission Sec. 551.074 - Personnel - Deliberate the assignment, duties, performanee and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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, Section 551.74, Personnel, 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 6:54 p.m. and reconvened at 7:36 p.rn. City of Colleyvitle Page 2 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Community 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-06-2717 This Resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - Parks and Recreation Month - Monica Walsh, Parks and Recreation Director Mayor Kelly presented a Proclamation to Parks and Recreation Director Monica Walsh, Recreation Specialist Renee Garrett, and Recreation Supervisor Luke DeFilippis, in recognition of Parks and Recreation Month. Ms. Walsh invited citizens to visit the Parks and Recreation display table in the City Hall foyer and the City parks and distributed a care package to City Council. Mayor Kelly congratulated the Keep colleyville Beautiful organization for receiving the Gold Star status from the Keep Texas Beautiful organization. Mayor Kelly announced that Boy Scout Troop 28 was recognized by the Keep Texas Beautiful organization for receivng honorable mention from the Ruthie Jackson Youth Leadership category. Mayor Kelly announced that on June 27, 2006, the City held the inaugural event to recognize Model Neighborhoods, The Lakes of Somerset, Woodbriar Estates and Mill Creek. Model Neighborhoods are recognized for being clean, safe and inviting places to call home. Mayor Kelly read the July 9, 1963 City Council minutes, in honor of the City of Colleyville's 50th Anniversary. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2718 4a Approval of minutes of the regular City Council meeting of June 20, 2006 4b Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case P-06-030 Mayor Kelly read Resolution R-06-2718 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. City of Colleyville Page 3 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 Mayor Pro Tern Ayers moved to approve Resolution R-06-2718. 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 Kelly asked if there were any citizens present interested in City Council agenda item 9a, Ordinance 0-06-1573. Mayor Pro Tern Ayers moved to remove Item 9a, Ordinance 0-06-1573 from the table and consider at this time. 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 Refer to City Council agenda item 9a for further information. 5. EMERGENCY ORDINANCE: READING AND PUBLIC HEARING 5a 0-06-1579 Approval of an Emergency Ordinance enacting water conservation measures for commercial and residential users Mayor Kelly read the caption of Ordinance 0-06-1579. Public Works Director Steve Chutchian provided an overview of the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding exemptions to private water wells. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the effect of the proposed ordinance on private water wells. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley stated that the Emergency Ordinance is effective for 61 days and may be followed with an ordinance in general, which may be modified to provide for notification of initial violations without a penalty and that private wells shall be granted an exemption. Mayor Pro Tern Ayers stated that the City will develop a process to work with citizens on the issue of water use in and around the home and businesses. City Manager Bill Lindley stated that the City will provide public education regarding water use reduction and conservation methods. City of Colleyville Page 4 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 Discussion ensued regarding water conservation efforts of peer cities and proposed changes to the ordinance related to the use of private water wells. City Attorney Matthew Boyle stated that if Council desires to revise Sec. 97-47 Exemptions, it is recommended as follows: Sec. 97-47 a. 1 and 2 be revised to Sec. 97-47 a. The City Manager or his designee shall grant exemptions to private water wells used for irrigation after a visual inspection by the City, and b. The City Manager or his designee may grant exemptions to newly installed lawns or landscapes for up to six weeks. Mayor Kelly moved to approve Ordinance 0-06-1579, with the amendment to Sec. 97-47 a. The City Manager or his designee shall grant exemptions to private water well used for irrigation after a visual inspection by the City and b. The City Manager or his designee may grant exemptions to newly installed lawns or landscapes for up to six weeks. Mayor Pro Tem Ayers added a friendly amendment to Sec. 2a. and Sec. 2b, adding the language, "a person knowingly or recklessly". Mayor Kelly accepted the friendly amendment. Mayor Pro Tem Ayers seconded the motion. Discussion ensued regarding the inspection and identification of homes with private wells. 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): SECOND 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. Mayor Kelly opened the public hearing. Mr. Rick Packard, 2506 Arbor Trail, spoke regarding the process for developing the oil and gas and water usage during the drilling process. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley stated that the transportability of gas is the responsibility of the well operator and the proposed ordinance authorizes the City Manager to control the use of water and provides for a closed system instead of an open pond. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1578. Councilman Hart seconded the motion. City of Colleyville Page 5 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a 0-06-1580 Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 Mayor Kelly read the caption of Ordinance 0-06-1580. Community Development Manager Barry LeBaron provided an overview of the proposed ordinance and stated that the Planning and Zoning Commission recommended approval. Mr. Dean Owens, 220 Farrington Lane, Hurst, Texas, spoke regarding the condition of the property. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the number of homes in the proposed development. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Manager Barry LeBaron stated that the proposed rezoning would allow two building sites to be placed on the property. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a R-06-2719 Approval to establish the Senior Center Advisory Committee and approve the Bylaws Mayor Kelly read Resolution R-06-2719 in its entirety. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding the development of the Senior Center and regarding the establishment of the Senior Center Advisory Committee. Ms. Connie Hampton, 5804 Pleasant Run Road, expressed appreciation to the City Council, City Manager Bill Lindley, Parks and Recreation Director Monica Walsh and Recreation Specialist Renee Garrett for the Senior Center. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City Manager Bill Lindley spoke regarding the process and timeline for appointing members to the Senior Center Advisory Committee. City of Colleyville Page 6 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 8b R-06-2720 8e R-06-2721 Councilman Licata expressed appreciation to the citizens that have worked toward the development of a Senior Center. Councilman Licata moved to approve Resolution R-06-2719. 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 Consideration of appointment to the Tax Increment Financing District (TIF) Board of Directors Mayor Kelly read Resolution R-06-2720 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilman Boll moved to approve Resolution R-06-2720, appointing Mayor David Kelly to the Tax Increment Financing District Board to fill the unexpired term through December 2006. 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 to amend and replace Resolution R-05-2599, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date Mayor Kelly read Resolution R-06-2721 in its entirety. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding the Pre Council and Executive Session meeting time. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City Manager Bill Lindley provided an overview of the proposed changes to the Rules of Procedure. Mayor Pro Tem Ayers moved to approve Resolution R-06-2721. Councilman Licata seconded the motion. City of Colleyville Page 7 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 9. TABLED ITEM: 9a 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 announced that on June 28, 2006, the developer provided a letter withdrawing the rezoning request and according to information provided by the developer, the deed restriction issues could not be resolved at this time. Mayor Pro Tem Ayers asked the City Attorney if the issue is dead if the City Council accepts the developer's request to withdraw the item. City Attorney Matthew Boyle stated that is correct and that Council would have no issue or concern relative to prejudice at that point; and encouraged Council to consider a motion to accept the developer's request to withdraw the application. Mayor Pro Tem Ayers moved to accept the developer's request to withdraw the zoning case. Councilman Taylor seconded the motion. Mayor Kelly opened the public hearing to allow citizens to speak. Mr. Mark Humiston, 5501 Dusty Court, expressed appreciation to Council for their concern on this matter. Mayor Kelly closed the public hearing. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 11. REPORTS: Capital Improvements Advisory Committee Minutes - November 14, 2005 Zoning Board of Adjustment Minutes - May 9, 2006 Capital Improvements Advisory Committee Minutes - June 12, 2006 'Planning and Zoning Commission Minutes - June 12, 2006 There was no action taken on this item. City of Colleyvifle Page 8 Printed on 7/25/2006 City Council City Council Minutes July 5, 2006 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 5, 2006 Reading and Public Hearing - Resolution R-06-2722 This resolution was not needed. 13. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Hart seconded the motion. The motion carried by the following vote and Mayor Kelly adjourned the meeting at 8:36 p.m. Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor APPROVED BY A VOTE OF & AYES, ABSTENTIONS ON THIS THE /~#. DAY OF t) NAYS AND t-'j C) 2006. Cynthia Singleton, TRMC, C City Secretary City of Colleyville Page 9 Printed on 7/25/2006