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HomeMy WebLinkAboutCity Council-Minutes-8/2/2006 (,it>.: 01 cet 1:;:;:.;: City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com VVednesday,August2,2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Update of McPherson Park Master Plan Phase I PC-2 Update of L.D. Lockett Ground Storage Tank and Transmission Main PC-3 Update on Fire Stations Project PC-4 Discussion of the August 2, 2006, City Council regular agenda items 6:35 P.M. CELEBRATE COLLEYVILLE STEERING COMMITTEE 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 Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara 5. 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 Colleyville Page 1 Printed on 7/28/2006 City Council Agenda August 2, 2006 REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Lee Johnson, Bear Valley Community 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-06-2731 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2732 4a Approval of the minutes of the regular City Council meeting of July 18, 2006 4b Approval of a Design Contract with Chiang, Patel and Yerby, Inc., for the Bogart Street and Pleasant Run Road Improvement Project, in the amount of $119,372.00, and authorize the City Manager to execute the contract 4c Approval of a Preliminary Plat of Lots 1-9, Block 1 of the Chanel's Court Addition on 5.39 acres located at 209 and 301 Bandit Trail, Case P-06-032 4d Approval of a construction contract with C. Green Scaping, L.P., for the Castleton Trail Improvements, in the amount of $102,455.80, and authorize the City Manager to execute the contract 4e Approval of a Contract with Pattillo, Brown, & Hill, L.L.P., for audit services for fiscal year ended September 30, 2006 4f Approval and adoption of the 2006 certified tax roll 49 Authorizing the City of Watauga to be included In a cooperative purchasing agreement City of Colleyville Page 2 Printed on 7/28/2006 City Council Agenda August 2,2006 4h Approval of setting a date for a public hearing on August 15, 2006, to consider a request by Congregation Beth Israel for the placement of two portable buildings on property located at 6100 Pleasant Run Road, Case G-06-0 16 4i Approval of the City of Colleyville 2006-2007 Work Plan 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1581 Approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees, Case G-06-0 14 5b 0-06-1582 Approval of amending the City of Colleyville Code of Ordinances, Chapter 14, Animals and repealing conflicting ordinances 5c 0-06-1583 Approval to amend the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street, Case G-06-0 15 5d 0-06-1584 Approval of a Zoning Change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane, Case Z-06-012 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1585 Request for a Zoning Change from AG-Agricultural to CN-Neighborhood Commercial on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case Z-06-018 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2733 Consideration of appointments to the Celebrate Colleyville Steering Committee 7b R-06-2734 Approval of support for the Trans Texas Corridor-35 project with a realignment of the corridor to a location central to the Dallas/Fort Worth metroplex 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 7/28/2006 City Council Agenda August 2, 2006 9. REPORTS: Traffic Safety Advisory Committee Minutes - April 10, 2006 Library Board Minutes - June 12, 2006 Planning and Zoning Commission Minutes - July 10, 2006 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 2, 2006 - Reading and Public Hearing - Resolution R-06-2735 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall BY 5:00 p.m. on Friday, July 28, 200 ~ Cynthia Singleton, TRMC, CMC 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 7/28/2006 City of Colleyville City Council Minutes City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com CITY COUNCIL CHAMBERS VVednesday,August2,2006 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 August 2, 2006, at 5:38 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Battalion Chief Russell Shelley, Public VVorks Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Budget and Administrative Services Manager Stephen Seidel, Parks and Recreation Director Monica VValsh, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. Mayor Pro Tem Jon Ayers arrived at 5:42 p.m. Councilman Rich Hendler was absent. Update of McPherson Park Master Plan Phase I Parks and Recreation Director Monica Walsh provided an overview of the McPherson Park Master Plan Phase I and answered questions of the City Council. Update of L.D. Lockett Ground Storage Tank and Transmission Main Public Works Director Steve Chutchian provided an update of the L.D. Lockett ground storage tank and water transmission main. Discussion ensued regarding the timeline of the projects, design, landscaping and projected water capacity. Update on Fire Stations Project Battalion Chief Russell Shelley provided an update of the fire station construction projects and answered questions of the Council. Discussion ensued regarding methods of informing the public of City projects. Discussion of the August 2, 2006, City Council regular agenda items There was no discussion of the regular agenda items. There being no further business, Mayor 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 August 2,2006, at 6:50 p.m City of Colleyville Page 1 Printed on 9/13/2006 City Council City Council Minutes August 2, 2006 ROLL CALL: Councilpersons George Boll, 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, Battalion Chief Russell Shelley, Public VVorks Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Audio and Visual Intern Andrew Sylvestor, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. 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 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 6:51 p.m. and reconvened at 7:36 p.rn. INVOCATION: Lee Johnson, Bear Valley Community 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-06-2731 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS City of Colleyville Page 2 Printed on 8/18/2006 City Council City Council Minutes August 2,2006 Mayor Kelly invited citizens to attend the Budget Education Day, Saturday, August 12, 2006, 9:00 to 11:00 a.m., at the Colleyville Center. Mayor Kelly extended congratulations to the Grapevine-Colleyville Independent School District for four additional campuses achieving the Texas Education Agency Exemplary status. Mayor Kelly announced that Newsweek named Colleyville Heritage High School number 119 and Grapevine High School number 145, in the annual list of best high schools in America. Mayor Kelly read the October 6, 1960 City Council minutes, in recognition of the City's 50th Anniversary. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2732 4a Approval of the minutes of the regular City Council meeting of July 18, 2006 4b Approval of a Design Contract with Chiang, Patel and Yerby, Inc., for the Bogart Street and Pleasant Run Road Improvement Project, in the amount of $119,372.00, and authorize the City Manager to execute the contract 4c Approval of a Preliminary Plat of Lots 1-9, Block 1 of the Chanel's Court Addition on 5.39 acres located at 209 and 301 Bandit Trail, Case P-06-032 4d Approval of a construction contract with C. Green Scaping, L.P., for the Castleton Trail Improvements, in the amount of $102,455.80, and authorize the City Manager to execute the contract 4e Approval of a Contract with Pattillo, Brown, & Hill, L.L.P., for audit services for fiscal year ended September 30, 2006 4f Approval and adoption of the 2006 certified tax roll 49 Authorizing the City of Watauga to be included in a cooperative purchasing agreement 4h Approval of a request by Congregation Beth Israel for the placement of two portable buildings on property located at 6100 Pleasant Run Road, Case G-06-0 16 4i Approval of the City of Colleyville 2006-2007 Work Plan Mayor Kelly read Resolution R-06-2732 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 3 Printed on 8/18/2006 City Council City Council Minutes August 2,2006 Finance Director Terry Leake provided information regarding the adoption of the 2006 Certified Tax Roll. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tern Ayers moved to approve Resolution R-06-2732, with the amendment to the July 18, 2006 City Council minutes, Item 7a, that Mayor Pro Tern Ayers did not accept the friendly amendment proposed by Councilman Licata. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1581 Approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees, Case G-06-0 14 Mayor Kelly read the caption of Ordinance 0-06-1581. Community Development Manager Barry LeBaron stated that staff recommended Option "B" and that with the approval of the ordinance, the rates would become effective April 1, 2007. 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 Taylor requested that typographical errors in the proposed ordinance be corrected. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1581, exercising Option "B", which shall become effective April 1, 2007. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler City Manager Bill Lindley expressed appreciation to the Planning and Zoning Commission, Chairman Jeff Byerly and staff for their work efforts related to this ordinance. 5b 0-06-1582 Approval of amending the City of Colleyville Code of Ordinances, Chapter 14, Animals and repealing conflicting ordinances Mayor Kelly read the caption of Ordinance 0-06-1582. City of Col/eyville Page 4 Printed on 8/18/2006 City Council City Council Minutes August 2, 2006 Mayor Kelly opened the public hearing. Ms. Linda Baker, 4900 Behrens Road, spoke regarding Section 14-14d, of the proposed Ordinance, related to the maximum number of animals, and requested that "animals" be defined and regarding the process for notification of a nuisance related to animals. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Police Chief Tommy Ingram provided information regarding the proposed ordinance. Discussion ensued regarding the history of the ordinance, maximum number of animals and the definition of animals in Section 14-14d and the registration process for owners and breeders. Mayor Pro Tem Ayers suggested the elimination of Section 14-14d. City Attorney Matthew Boyle stated that what you have before you is staff's recommended ordinance and one of the things it provides is an objective standard for enforcement related to animal numbers, and what has been suggested by Mayor Pro Tem Ayers, is that you remove the objective standards and replace it entirely with wholly enforceable subjective standards that are in place in both the current and draft ordinance and that would leave you in a similarly enforceable position. What has been proposed would be a motion to approve, with the deletion of the entire Section 14-14D and that would delete all objective and number count limits, and as such, make mute the super registration requirements for breeders because there would be no objective animal limit. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1582, with the deletion of Section 14-14d. Councilman Taylor requested clarification regarding the definition of dog at large and cat at large. City Attorney Matthew Boyle stated that the reason you have a specific definition that is applicable to dog at large is the exception that is created within that definition; for a dog at large what is essentially under voice control and that is the reason it is essentially a carved out exception for dogs at large. It would the be the standard common day definition for cat at large and cats at large are generally prohibted by ordinance and there is no aplicable carve out for cats under voice control. Both are prohibited, cats at large and dogs at large, under the draft ordinance as recommended. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler 5c 0-06-1583 Approval to amend the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street, Case G-06-015 Mayor Kelly read the caption of Ordinance 0-06-1583. City of Colleyville Page 5 Printed on 8/18/2006 City Council City Council Minutes August 2, 2006 Mayor Kelly opened the public hearing. Mr. Dave McCormack, 6407 Meade Drive, stated he would speak on Item 5d. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hart moved to approve Ordinance 0-06-1583. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler 5d 0-06-1584 Approval of a Zoning Change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane, Case Z-06-012 Mayor Kelly read the caption of Ordinance 0-06-1584. Community Development Manager Barry Lebaron stated that the property is not located within the Tax Increment Financing District. Mr. Jeff Avery, Sage Group, Inc., 609 Guadalupe, Keller, Texas, applicant, provided information regarding the quality of the proposed development. Mr. David McCormick, 6407 Meade Drive, spoke in favor of the proposed ordinance. Mr. Paul Johnson, 6403 Meade Drive, spoke in favor of the proposed ordinance. Mr. Bob Flynn, 7500 Whippoorwill Court, spoke in favor of the proposed ordinance. Mr. Mikell Tomlinson, 2005 Kyle Court, spoke in favor of the proposed ordinance. Mr. David Bagwell, 8222 Douglas Avenue, Dallas, Texas, spoke regarding the preservation of trees in the development area and the type of trails. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Avery stated that paths will not be added into the thirty foot tree preservation buffer. Discussion ensued regarding the size of the buffer, the requirement for and recommendations of a Texas Arborist, the cost for the Arborist and the target price point of the homes. Mayro Pro Tem Ayers moved to approve Ordinance 0-06-1584. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler City of Colleyville Page 6 Printed on 8/18/2006 City Council City Council Minutes August 2, 2006 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1585 Request for a Zoning Change from AG-Agricultural to CN-Neighborhood Commercial on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case Z-06-018 Mayor Kelly read the caption of Ordinance 0-06-1585. Community Development Manager Barry LeBaron provided an overview of the zoning request and stated that the Planning and Zoning Commission recommended approval of the zoning request. 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. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2733 Consideration of appointments to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-06-2733 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-06-2733, appointing Carol Wollin to a term ending December 2006 and Amy Gnadt to a term ending December 2007. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler City Manager Bill Lindley stated that three members have resigned from the Celebrate Colleyville Steering Committee and the positions will be advertised beginning August 7, 2006, and citizens may submit an Application for Appointment to the City Secretary. 7b R-06-2734 Approval of support for the Trans Texas Corridor-35 project with a realignment of the corridor to a location central to the Dallas/Fort Worth metroplex Mayor Kelly read Resolution R-06-2734 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 7 Printed on 8/18/2006 City Council City Council Minutes August 2,2006 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Taylor moved to approve Resolution R-06-2734. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Moore, 1416 Glade Road, spoke regarding a request by a church on Cheeksparger Road to place temporary buildings on their property, the process for approval and removal of temporary buildings and requested that action be taken to remove nonconforming buildings. 9. REPORTS: Traffic Safety Advisory Committee Minutes - April 1 0, 2006 Library Board Minutes - June 12, 2006 Planning and Zoning Commission Minutes - July 10, 2006 There was no action taken on this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 2, 2006 - Reading and Public Hearing - Resolution R-06-2735 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Hart seconded motion. The motion carried by the following vote and Mayor Kelly declared the meeting adjourned at 8:33 p.m. Aye: 6 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - Rich Hendler City of Colleyville Page 8 Printed on 8/18/2006 City Council City Council Minutes August 2,2006 APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE ~ AYES, CJ NAYS AND /...:r~ DAYOF ~7 D 2006. City of Colleyville Page 9 Printed on 8/18/2006