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HomeMy WebLinkAboutCity Council-Minutes-1/16/2007 c.i!}' HI cee n.'\:.'\~ City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, January 16, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of a traffic study for the proposed widening of Bogart Drive PC-2 Presentation of the Monthly Financial Report - December 2006 PC-3 Discussion of the January 16, 2007, City Council regular agenda items. 6:15 P.M. - COLLEYVILLE CENTER ADVISORY 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 v. City of Colleyville Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski v. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v. City of Colleyville 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 1/15/2007 City Council Agenda January 16, 2007 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Michael Ray, 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-07 -2800 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-07-2801 4a Approval of the minutes of the regular City Council meeting of January 9,2007 4b Approval of an Interlocal Agreement to establish an Animal Shelter Agreement with the City of Hurst, replacing the existing Animal Shelter Agreement with the City of Bedford, and authorizing the City Manager to execute the agreement 4c Approval of an Interlocal Agreement with the City of Keller for off-site sanitary sewer improvements for The Reserve at Colleyville, and authorizing the City Manager to execute the agreement 5. ORDlNANCES(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1604 Approval of a Request for a Special Use Permit for a cell tower on Lot 1, Block 1 of the Pleasant Glade Assembly of God Addition located at 2512 Glade Road, Case Z-06-030 5b 0-07-1605 Approval of a Request for a Special Use Permit for a coffee shop on Lot 1, Block 1 of the Highland Meadows Christian Church Addition located at 2600 Hall Johnson Road, Case Z-06-032 5c 0-07-1606 Approval of an Amendment to Chapter 11 Park Land Dedication in the Colleyville Land Development Code, Case G-06-033 City of Colleyville Page 2 Printed on 1/15/2007 City Council Agenda January 16, 2007 5d 0-07 -1607 Approval of an Amendment to Chapter 3 of the Land Development Code to Amend Section 3.24, Table of Permitted Uses and Section 3.29, Parking Requirements, Case G-06-026 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-07-2802 Consideration of appointments to the Colleyville Center Advisory Committee 6b R-07 -2803 Consideration of appointment to the Park Land Dedication Committee 7. ORDINANCE: TABLED ITEM AND PUBLIC HEARING 7a 0-06-1602 Approval of a request by Covenant Christian Academy to amend the zoning and development requirements of the Planned Unit Development for the Colleyville Presbyterian Addition, located at 901 Cheek Sparger Road, Case Z-06-028 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Library Board Minutes - October 9, 2006 Colleyville Trails and Sidewalk Committee Minutes - November 6, 2006 Library Board Minutes - November 13, 2006 Senior Center Advisory Committee Minutes - November 16,2006 Parks and Recreation Advisory Board Minutes - December 4, 2006 Planning and Zoning Commission Minutes - December 11, 2006 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 16, 2007 - Reading and Public Hearing - Resolution R-07 -2804 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 12, 2007, by 5:00 p.m. City of Colleyville Page 3 Printed on 1/15/2007 C~COUV2~~ C~hia ~ngleton, TRMC, C C City Secretary January 16, 2007 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 1/15/2007 cee .reSi'~ City of Colleyville City Council Minutes City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com CITY COUNCIL CHAMBERS Tuesday, January 16, 2007 PC-1 PC-2 PC-3 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 16, 2007, at 5:37 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, Assistant City Manager Dal Anderson, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Barry LeBaron, Development Coordinator Chris Fuller, Economic Development Manager Scott Welmaker, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Presentation of a traffic study for the proposed widening of Bogart Drive Public Works Director Steve Chutchian provided an introduction for the presentation of a traffic study for the proposed widening of Bogart Drive. Mr. Jody Short, Lee Engineering, provided an overview of the results of the Bogart DriveTraffic Study and answered questions of the Council. Discussion ensued regarding a three or four lane roadway on Bogart Drive, turn lanes, roundabout control and capacity, traffic volumes and patterns, school drop off area, intersection capacity and construction costs. City Manager Bill Lindley spoke regarding the process for determining the location of turn lanes and funding sources. City Council determined that Bogart Drive would be a three lane street. Councilman Taylor requested recent traffic count results for Bogart Drive and Pleasant Run Road. Presentation of the Monthly Financial Report - December 2006 The meeting was adjourned prior to this item being discussed. Discussion of the January 16, 2007, City Council regular agenda items. Page 1 Printed on 2/7/2007 City of Colleyville City Council City Council Minutes January 16, 2007 The meeting was adjourned prior to this item being discussed. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly at 6:49 p.m. ROLL CALL: Council persons 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, Assistant City Manager Dal Anderson, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development Director Barry LeBaron, Development Coordinator Chris Fuller, Economic Development Manager Scott Welmaker, Management Assistant Matt McCombs, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also 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 v. City of Colleyville Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski v. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v. City of Colleyville 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 accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:37 p.m. City of Colleyville Page 2 Printed on 2/7/2007 City Council . City Council Minutes January 16, 2007 INVOCATION: Pastor Michael Ray, 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-07 -2800 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly congratulated the Police Department for receiving the Texas Special Olympics Torch Run Award at the Law Enforcement Torch Run ceremony for participation in the Flame of Hope running event and for hosting the Colleyville Cook-Off competition, which raised $16,600 in 2006 in support of the Special Olympics. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07-2801 4a Approval of the minutes of the regular City Council meeting of January 9, 2007 4b Approval of an Interlocal Agreement to establish an Animal Shelter Agreement with the City of Hurst, replacing the existing Animal Shelter Agreement with the City of Bedford, and authorizing the City Manager to execute the agreement 4c Approval of an Interlocal Agreement with the City of Keller for off-site sanitary sewer improvements for The Reserve at Colleyville, and authorizing the City Manager to execute the agreement Mayor Kelly read Resolution R-07-2801 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 Pro Tem Ayers moved to approve Resolution R-07-2801. Councilman Taylor seconded the motion. City of Colleyville Page 3 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCES(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1604 Approval of a Request for a Special Use Permit for a cell tower on Lot 1, Block 1 of the Pleasant Glade Assembly of God Addition located at 2512 Glade Road, Case Z-06-030 Mayor Kelly read the caption of Ordinance 0-07-1604. 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 Ordinance 0-07-1604. 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 5b 0-07-1605 Approval of a Request for a Special Use Permit for a coffee shop on Lot 1, Block 1 of the Highland Meadows Christian Church Addition located at 2600 Hall Johnson Road, Case Z-06-032 Mayor Kelly read the caption of Ordinance 0-07-1605. 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 0-07-1605. Mayor Pro Tem Ayers seconded the motion. Councilman Taylor stated the church is not the reason he is going to vote against the proposed ordinance. It the principle of having a taxable commercial operation in a non tax property and competing with our commercial concerns that do the same thing everyday with the burden of City of Colleyville Page 4 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 taxation on their back. I hope the church continues the operation and recovers their cost but opening up for public and commercial purposes is not something I, in good conscience, can support. I hope the church continues this ministry as many churches are doing right now. Councilman Hendler expressed concerns regarding hours of operation and the commercial operation. Mayor Pro Tem Ayers stated the coffee shop is located inside the church and does not see the shop as competition to other establishments that sell coffee and the church will be paying sales tax, which will benefit the City in that respect. The motion carried by the following vote: Aye: 5 - David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart Nay: 2 - Rich Hendler, Mike Taylor 5c 0-07 -1606 Approval of an Amendment to Chapter 11 Park Land Dedication in the Colleyville Land Development Code, Case G-06-033 Mayor Kelly read the caption of Ordinance 0-07-1606. 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 0-07-1606. 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 5d 0-07-1607 Approval of an Amendment to Chapter 3 of the Land Development Code to Amend Section 3.24, Table of Permitted Uses and Section 3.29, Parking Requirements, Case G-06-026 Mayor Kelly read the caption of Ordinance 0-07-1607. 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 5 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 Councilman Taylor moved to approve Ordinance 0-07-1607. 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 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-07 -2802 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-07 -2802 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 Pro Tem Ayers moved to approve Resolution R-07-2802, appointing Karen Birkes, Paul Vigiletti and Louis Miller as at-large members and Molly Skinner representing National Charity League, Pat Jones representing the Colleyville Garden Club and Thomas Westerman representing the Lions Club to the Colleyville Center Advisory Committee. 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 6b R-07-2803 Consideration of appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-07-2803 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 6 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 Mayor Pro Tem Ayers moved to approve Resolution R-07-2803 appointing Vince Rosen to the Park Land Dedication 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 7. ORDINANCE: TABLED ITEM AND PUBLIC HEARING 7a 0-06-1602 CONSIDERATION OF ORDINANCE 0-07-1602 - Approval of a request by Covenant Christian Academy to amend the zoning and development requirements of the Planned Unit Development for the Colleyville Presbyterian Addition, located at 901 Cheek Sparger Road, Case Z-06-028 Mayor Kelly abstained and Mayor Pro Tem Ayers presided during consideration of this item. Mayor Pro Tem Ayers read the caption of Ordinance 0-06-1602. Councilman Taylor moved to remove Ordinance 0-06-1602 from the table. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 6 - George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Abstain: 1 - David Kelly Mayor Pro Tem Ayers stated two public hearings have been held for Ordinance 0-06-1602 and the public hearing is continued to allow citizens to speak. Mayor Pro Tem Ayers opened the public hearing. Mr. David Meadows, 714 Saddlebrook Drive, on behalf of Covenant Christian Academy, spoke regarding traffic, drainage, green space and the 1999 Site Plan. Mr. Art Pengelly, 901 Brazos Drive, South lake, Texas, Trustee of Covenant Christian Academy, reviewed the site plan development and City of Colleyville Page 7 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 spoke regarding the number and location of portable buildings, a schedule for removal of the portable buildings, and a timeline for expansion of the campus. Mr. Lynn Krebs, 4307 Country Lane, Grapevine, Texas, Campus Planner, spoke regarding the build line, a two story building, campus density, open space and traffic flow. Ms. Mary Taylor, 6409 Lorraine Park, Planning and Zoning Commissioner, spoke regarding the Concept Development Plan presented to the Planning and Zoning Commission and the amended Concept Development Plan and requested that the amended Plan be returned to the Planning and Zoning Commission for consideration. Ms. Elaine Wagner, 3716 Wayne Drive, spoke in opposition to the proposed ordinance and regarding the proposed 24 foot wide concrete fire lane and flooding issues. Mr. John Clardy, 5708 Wayne Drive, spoke in opposition to the proposed ordinance and regarding flooding of his home and neighborhood. Mr. Greg Winslow, 3916 Wayne Drive, spoke in opposition to the proposed ordinance and regarding the amenities of the campus buildings, fire safety of a two story building and the width of a fire lane. Mr. Wayne Werst, 3808 Wayne Drive, spoke in opposition to the proposed ordinance and regarding violations of the 1999 site plan, traffic, school start times, portable buildings, flooding, traffic management and the location of the proposed building and football field. Mr. D.C. Duffy, 128 Timberline North, Planning and Zoning Commissioner, spoke in opposition to the proposed ordinance and requested the proposed plan be returned to the Planning and Zoning Commission for consideration and regarding landscaping, lighting, tree clusters, perimeter fencing, egress, ingress, parking and loading. Ms. Lisa Mund, 3801 Fox Hollow Drive, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding the impact of the proposed plan on adjacent residential properties, building line, property values, athletic fields, code violations by the school, maintenance of school property, property drainage study, erosion issues, general landscaping maintenance, retention pond condition, landscaping buffers and drop off and pick up schedule of the student population. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. City of Colleyville Page 8 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 Discussion ensued regarding fire access and protection of a two story builidng, timeline for removal of eight portable buildings, traffic impact analysis, results and implementation of recommendations, tree mitigation policy, returning the proposed concept development plan to the Planning and Zoning Commission, building line and height of building, location of playground and athletic fields, campus masterplan, drainage study, floor plan of proposed building, clarification of ownership of church and school buildings and landscape buffer. City Manager Bill Lindley spoke regarding addressing code violations on the campus. Councilman Hendler requested clarification of the process for future consideration of the item by the City Councilor to return the item to the Planning and Zoning Commission. City Manager Bill Lindley outlined the options and process for Council to table the item for future consideration or to return the item to the Planning and Zoning Commission. City Attorney Matthew Boyle stated the sole functioning purpose of a referral of a Planning and Zoning Commission case back to the Commission would be for the Commission to give it further consideration and provide City Council with a recommendation. Mr. Boyle further stated if Council sent the item back to the Planning and Zoning Commission, Council would be doing so fully anticipating to receive a recommendation, which has to come after a vote. The issue on a public hearing is Council could stipulate relative to a referral whether Council wished the Planning and Zoning Commission to open a public hearing again, specifically because the Chapter 211 public hearing requirements have been more than adequately met on this case to date but that is within the discretion of the Council. I suggest if that is what Council chooses, make that specific in the referral. Mayor Pro Tem Ayers moved to table Ordinance 0-06-1602 and continue to the February 6, 2007, City Council meeting. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 4 - Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Nay: 2 - George Boll, Tony Licata Abstain: 1 - David Kelly City of Colleyville Page 9 Printed on 2/7/2007 City Council City Council Minutes January 16, 2007 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Library Board Minutes - October 9, 2006 Colleyville Trails and Sidewalk Committee Minutes - November 6, 2006 Library Board Minutes - November 13, 2006 Senior Center Advisory Committee Minutes - November 16, 2006 Parks and Recreation Advisory Board Minutes - December 4,2006 Planning and Zoning Commission Minutes - December 11, 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 JANUARY 16, 2007 - Reading and Public Hearing - Resolution R-07 -2804 There was no action taken on this item. 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 9:58 p.m. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE 1 AYES, ZJ NAYS AND 1t'Y-A DAYOF ,&~~ () 2007. M~~:2~f4v Cynthia Singleton, TRMC,lMC City Secretary City of Colleyville Page 10 Printed on 2/7/2007