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HomeMy WebLinkAboutCity Council-Minutes-8/15/2006~, >° ~ \~, ,~; , City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, August 15, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Monthly Financial Report -July 2006 PC-2 Presentation of the Quarterly Investment Report PC-3 Discussion of the City Council agenda packet pilot program PC-4 Discussion of the August 15, 2006, City Council regular agenda items 6:05 P.M. SENIOR CENTER ADVISORY COMMITTEE AND HISTORICAL PRESERVATION 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 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, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney City of Colleyville Page 1 Printed on 8/11/2006 City Council Agenda August 15, 2006 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 REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Lloyd McCutcheon, 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-06-2736 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - In recognition of Pat Paprocki, R.N. -Pat Paprocki 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-06-2737 4a Approval of the minutes of the regular City Council meeting of August 2, 2006 4b Approval of setting a date for a public hearing on September 5, 2006, to consider a request by Grapevine-Colleyville Independent School District for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard, Case G-06-023 4c Approval of the purchase of three cardiac monitor/defibrillators for the Fire Department 4d Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 4e Approval of a construction contract with One Hall Environmental L.P., for the demolition of a structure at 5100 Colleyville Boulevard, in the amount of $8,907.90, and authorize the City Manager to execute the contract 4f Approval of an Interlocal Agreement with the City of Colleyville, Texas to City of Colleyville Page 2 Printed on 8/11/2006 City Council Agenda August 15, 2006 provide wholesale water purchase in the City of Bedford through an interconnection point located in the Quail Crest Addition, and authorize the City Manager to execute the contract 4g Authorize the City Manager to accept the offers for right-of-way purchase from TxDOT for SH26, and execute all associated documents for the sale of such right-of-way 4h Approval of bid award for health insurance to United Health Care and dental insurance to Metropolitan Life 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1586 Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition, Case Z-06-016 6b 0-06-1587 Approval to replace Emergency Ordinance 0-06-1579 and amending Chapter 98, Article II regarding water service and water conservation providing for a drought contingency plan 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2738 Consideration of appointments to the Senior Center Advisory Committee and appointing a City Council Liaison(s) 7b R-06-2739 Consideration of appointments to the Historical Preservation Committee 7c R-06-2740 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-06-016 7d R-06-2741 Approval of a Waiver of the perimeter street improvement requirements for 145 feet of frontage along Patterson Lane and 134.48 feet of frontage along Bill Simmons Road of the Crook-Womeldorf Addition, G-06-024 City of Colleyville Page 3 Printed on 8/11/2006 City Council Agenda August 15, 2006 7e R-06-2742 Approval of a proposal to set the ad valorem tax rate for FY 2007 at $.3474 per hundred dollars of valuation and setting dates for two public hearings on the FY 2007 tax rate 7f R-06-2743 Authorize the initiation of a change on zoning to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard, Case G-06-025 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Street Capital Improvement Plan Committee Minutes -July 13, 2006 Street Capital Improvement Plan Committee Minutes -July 26, 2006 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 15, 2006 Reading and Public Hearing -Resolution R-06-2744 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 11, 2006 by 5:00 p.m.. Cynthia Singleton, TRMC, C 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 8/11/2006 =~~ f~ ,.•..:,~ City of Colleyville Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 15, 2006 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 15, 2006, at 5:35 p.m. PC-1 PC-2 PC-3 PC-4 ROLL CALL: Councilpersons 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, Battalion Chief Russell Shelley, Finance Director Terry Leake, Budget and Administrative Services Manager Stephen Seidel, Human Resources Director Kelly Cooper, Parks and Recreation Director Monica Walsh, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. Councilman George Boll was absent. Presentation of the Monthly Financial Report -July 2006 Finance Director Terry Leake presented an overview of the July 2006 Monthly Financial Report. Presentation of the Quarterly Investment Report Finance Director Terry Leake provided an overview of the Quarterly Investment Report and answered questions of the Council. Discussion of the City Council agenda packet pilot program City Council expressed satisfaction with the agenda manager software and the laptops and requested that the electronic City Council agenda packet bookmarks be labeled for each item in the packet and that all agenda packets be referenced by the name and then the meeting date. Discussion of the August 15, 2006, City Council regular agenda items There was general discussion of City Council liaisons to the Senior Center Advisory Committee. City of Colleyville Page 1 Printed on 6/30/2008 City Council Minutes August 15, 2006 There being no further business, Mayor Kelly declared the meeting adjourned at 5:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 15, 2006, at 5:54 p.m. ROLL CALL: Councilpersons 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, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Budget and Administrative Services Manager Stephen Seidel, Parks and Recreation Director Monica Walsh, Audio Visual Intern Andrew Sylvestor, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. Councilman George Boll 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. 551.074 - 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 City of Colleyville Page 2 Printed on 6/30/2008 City Council Minutes August 15, 2006 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, Section 551.074, 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 5:56 p.m. and reconvened at 7:47 p.m. INVOCATION: David Parmer, Colleyville Baha'i 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-06-2736 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - In recognition of Pat Paprocki, R.N. -Pat Paprocki Mayor David Kelly and Councilman Hart presented a Proclamation to Ms. Pat Paprocki, R.N., in recogntion of her dedication and work in the Cardiac Rehabilitation Program at Harris Methodist HEB Hospital. Ms. Paprocki expressed appreciation to the City Council for the recognition and to Harris Methodist HEB Hospital and medical team for their support. Mayor Kelly announced that the Bike Safey Fair would be held Saturday, August 19, 2006, at the Market Street parking lot. Mayor Kelly announced that the Colleyville Library Summer Reading program was a success and commended the Library staff for developing exceptional programs. Mayor Kelly read the August 13, 1959 City Council minutes, in recognition of the City of Colleyville's 50th Anniversary. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-06-2737 4a Approval of the minutes of the regular City Council meeting of August 2, 2006 City of Colleyville Page 3 Printed on 6/30/2008 City Council Minutes August 15,2006 4b Approval of setting a date for a public hearing on September 5, 2006, to consider a request by Grapevine-Colleyville Independent School District for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard, Case G-06-023 4c Approval of the purchase of three cardiac monitor/defibrillators for the Fire Department 4d Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 4e Approval of a construction contract with One Hall Environmental L.P., for the demolition of a structure at 5100 Colleyville Boulevard, in the amount of $8,907.90, and authorize the City Manager to execute the contract 4f Approval of an Interlocal Agreement with the City of Colleyville, Texas to provide wholesale water purchase in the City of Bedford through an interconnection point located in the Quail Crest Addition, and authorize the City Manager to execute the contract 4g Authorize the City Manager to accept the offers for right-of-way purchase from TxDOT for SH26, and execute all associated documents for the sale of such right-of-way 4h Approval of bid award for health insurance to United Health Care and dental insurance to Metropolitan Life Mayor Kelly read Resolution R-06-2737 in its entirety. Mayor Kelly opened the public hearing. Mr. Mark Bauer, 609 Colts Neck Court, Colleyville Girl's Softball Association, expressed appreciation to Monica Walsh and the Parks and Recreation department staff for support of the softball program and the excellent field conditions. 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-06-2737. Councilman Taylor seconded the motion. City of Colleyville Page 4 Printed on 6/30/2008 City Council Minutes August 15, 2006 The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. 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 0-06-1585. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Case Z-06-016 -PUBLIC HEARING -Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition Mayor Kelly read the caption of Ordinance 0-06-1586. Community Development Manager Barry LeBaron provided an overview of the request for a zoning change. Mayor Kelly opened the public hearing. City of Colleyville Page 5 Printed on 6/30/2008 City Council Minutes August 15, 2006 Mr. Dan Bryson, 806 Boston, Southlake, Texas, applicant, stated that he worked with neighbors, the Planning and Zoning Commission and City staff regarding the zoning request, and answered questions of the Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. 6b 0-06-1587 Approval to replace Emergency Ordinance 0-06-1579 and amending Chapter 98, Article II regarding water service and water conservation providing for a drought contingency plan Mayor Kelly read the caption of Ordinance 0-06-1587. Public Works Director Steve Chutchian provided information regarding water conservation and drought contingency plans and answered questions of the Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding citizen notification related to water restrictions and conservation and the requirements for irrigation systems. Council requested that staff provide information regarding the cost of rain and freeze sensors, including installation. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2738 Consideration of appointments to the Senior Center Advisory Committee and appointing a City Council Liaison(s) Mayor Kelly read Resolution R-06-2738 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-06-2738, appointing Patrecia Fox and Debra Minea to the Senior Center Advisory City of Colleyville Page 6 Printed on 6/30/2008 City Council Minutes August 15, 2006 Committee and designating Councilpersons Tom Hart and Mike Taylor as Council liaisons to the committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 7b R-06-2739 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-06-2739 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-06-2739 appointing Gerald Hartman, Charles Hewitt and Richard Warner to the Historical Preservation Committee. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 7c R-06-2740 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-06-016 Mayor Kelly read Resolution R-06-2740 in its entirety. Community Development Manager Barry LeBaron provided an overview of the request for placement of portable buildings. Mayor Kelly opened the public hearing. City of Colleyville Page 7 Printed on 6/30/2008 City Council Minutes August 15, 2006 Mr. Todd Sterfeld, 402 Via Vista, Southlake, Congregation Beth Israel, spoke regarding the growth of the church and the need for portable buildings. Mr. James Day, 805 Shelton Drive, spoke regarding a previous request by Congregation Beth Israel for portable buildings, site preparation and in opposition to the proposed resolution. Ms. Twila Kerlee, 800 Shelton Drive, spoke regarding the expansion of Congregation Beth Israel and in opposition to the proposed resolution. Ms. Donna Walker, 804 Shelton Drive, spoke in opposition to the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the timeline for placement of the portable buildings, the size of the portable buildings, plans for expansion and landscaping. Mayor David Kelly asked the City Attorney if a finality can be put into a resolution. City Attorney Matthew Boyle stated that a finite time limit can be placed on the resolution but that resolution is subject to amendment by a future Council. Discussion continued regarding a potential screening wall. Councilman Hart moved to deny Resolution R-06-2740. Councilman Licata seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 -Rich Hendler Absent: 1 -George Boll 7d R-06-2741 Approval of a Waiver of the perimeter street improvement requirements for 145 feet of frontage along Patterson Lane and 134.48 feet of frontage along Bill Simmons Road of the Crook-Womeldorf Addition, G-06-024 Mayor Kelly read Resolution R-06-2741 in its entirety. Community Development Manager Barry LeBaron provided the history of City of Colleyville Page 8 Printed on 6/30/2008 City Council Minutes August 15, 2006 the property and reviewed the request for a waiver. Mayor Kelly opened the public hearing. Mr. Dave Womeldorf, 4808 Patterson Lane, applicant, stated that he does not have a presentation and is present to answer questions of the Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the City policy for sub dividing lots and the requirement for street perimeter improvements. Discussion ensued regarding the size of the original parcel of land, the history of requests for waiving perimeter street fees and Council action related to the requests. City Manager Bill Lindley provided information regarding the history of the property. Councilman Hendler moved to deny Resolution R-06-2741. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 7e R-06-2742 Approval of a proposal to set the ad valorem tax rate for FY 2007 at $.3474 per hundred dollars of valuation and setting dates for two public hearings on the FY 2007 tax rate Mayor Kelly read Resolution R-06-2742 in its entirety. Finance Director Terry Leake provided information regarding the legal requirements for adopting the effective tax rate and reported that the tax rate is the same as FY 2006 and has not changed for the past twelve years and is the lowest tax rate of the six surrounding cities. 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 9 Printed on 6/30/2008 City Council Minutes August 15, 2006 Mayor Kelly stated that the Texas Property Tax law requires an effective tax be calculated when a City is taking steps to adopt a tax rate, and the effective tax rate is the tax rate that provides the City the same amount of tax revenue received last year for properties on the tax rolls for both years. For fiscal year 2007, Colleyville's effective tax rate is .3388 per one hundred dollars and the proposed rate is .3474 per one hundred dollars, but there is no tax increase from last year. This is the same tax rate that Colleyville has had for the past twelve years. This is the thirteenth year that there has been no tax increase in Colleyville. Mayor Kelly moved to approve Resolution R-06-2742. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 7f R-06-2743 Authorize the initiation of a change on zoning to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard, Case G-06-025 Mayor Kelly read Resolution R-06-2743 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. Councilman Taylor moved to approve Resolution R-06-2743. Councilman Licata seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Kathy Hadley, 204 North Timberline, spoke regarding the condition of the Kidsville playground water fountains and the need for irrigation of landscaping near an empty commercial building. City of Colleyville Page 10 Printed on 6/30/2008 City Council Minutes August 15, 2006 9. REPORTS: Street Capital Improvement Plan Committee Minutes -July 13, 2006 Street Capital Improvement Plan Committee Minutes -July 26, 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 15, 2006 Reading and Public Hearing -Resolution R-06-2744 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Hart seconded the motion. Mayor Kelly declared the meeting adjourned at 9:41 p.m. APPROVED BY A VOTE OF _ ~ AYES, NAYS AND O ABSTENTIONS ON THIS THE ~u~ DAY O ,~,t~t/ 2006. Minutes taken and prepared by: ~' Cynthia Singleton, TRM , CMC City Secretary City of Colleyville Page 11 Printed on 6/30/2008