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HomeMy WebLinkAboutCity Council-Minutes-3/20/2007 City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, March 20, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation and overview of Tarrant County Projects by Commissioner Fickes PC-2 Discussion regarding proposed Comprehensive Development Agreement (CDA) legislation and probable impacts on Dallas-Fort Worth (DFW) transportation projects PC-3 Presentation of the Monthly Financial Report - February 2007 PC-4 Discussion of the proposed amendments to the Records Management Ordinance 0-90-797 PC-5 Review of proposed web pages detailing the Capital Improvement Plan PC-6 Update concerning RFP process for refuse and recycling services PC-7 Discussion of the March 20,2007, City Council regular agenda items 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 - Discussion of litigation - Raman Chandler v. City of Colleyville Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott v. John Smith, Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Pare Homeowners Association, Inc., Montclair Pare, Inc., and the City of Colleyville City of Colleyville Page 1 Printed on 3/16/2007 City Council Agenda March 20, 2007 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 REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: 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-07-2819 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation Recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07 -2820 4a Approval of the minutes of the regular City Council meeting of March 6, 2007 4b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07 -009 4c Approval of a donation of up to $10,000.00 from the Colleyville Baseball Association for a lightning detector system at City Park 4d Approval of a donation of $5,000.00 from the Colleyville Baseball Association and a donation of $2,500.00 from the Colleyville Girls Softball Association for artificial turf replacement at Reagan Park 4e Approval of a local historical marker entitled "Frontier Justice" to be placed at the Riley Family Cemetery City of Colleyville Page 2 Printed on 3/16/2007 City Council Agenda March 20, 2007 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1611 Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-005 5b 0-07 -1612 Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 0.65 acres out of the S.C.H. Witten Survey located at 5504 Montclair Drive, Case Z-07 -006 5c 0-07-1613 Approval to an Amendment to Chapters 9 and 14 of the Land Development Code regarding emergency access gate maintenance, Case G-07 -007 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case Z-07 -003 6b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General Election elected to office and canceling the election 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes - January 18, 2007 Parks and Recreation Advisory Board Minutes - February 5, 2007 Zoning Board of Adjustments Minutes - February 13, 2007 Planning and Zoning Commission Minutes - February 26, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2007 - READING AND PUBLIC HEARING - Resolution R-07 -2821 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 16, 2007, by 5:00 p.m. City of Colleyville Page 3 Printed on 3/16/2007 City Council Agenda March 20, 2007 6/t~~a~ 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 3/16/2007 City of Colleyville City Council Minutes City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, March 20, 2007 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 20, 2007, at 5:31 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Dal Anderson, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Acting Community Development Director Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Human Resources Director Kelly Cooper, Parks and Recreation Director Monica Walsh, Recreation Supervisor Luke DeFilippis, Records Coordinator Nicole Seidel, Management Assistant Matt McCombs, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tern Jon Ayers was absent. Mayor Kelly introduced Mayor Oscar Trevino and City Manager Larry Cunningham of North Richland Hills. Presentation and overview of Tarrant County Projects by Commissioner Fickes County Commissioner Gary Fickes introduced Carolyn Sims, Precinct Administrator and Neal Welch, Director of Field Operations. Commissioner Fickes provided an overview of Tarrant County projects, current City and County street projects and funding timeline for projects. He further stated information regarding Tarrant County road projects may be accessed at www.trtcmobility.org and spoke of the need for John Peter Smith Hospital satellite facilities in northeast Tarrant County. Councilman Hendler expressed appreciation to Commissioner Fickes for the partnership between the County and City for road projects. City of Colleyville Page 1 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 PC-2 Discussion regarding proposed Comprehensive Development Agreement (CDA) legislation and probable impacts on Dallas-Fort Worth (DFW) transportation projects Mayor Oscar Trevino of North Richland Hills presented information regarding the proposed Comprehensive Development Agreement legislation, potential impacts on Dallas-Fort Worth transportation projects and answered questions of the Council. He further stated that the Tarrant Regional Transportation Coalition is requesting that local officials send letters opposing the legislation to legislators. Council determined that a letter opposing SB 1267 and HB 2772 would be sent to Senator Jane Nelson and Representative Vicki Truitt. PC-3 Presentation of the Monthly Financial Report - February 2007 The meeting was adjourned prior to this item being discussed. PC-4 Discussion of the proposed amendments to the Records Management Ordinance 0-90-797 The meeting was adjourned prior to this item being discussed. PC-5 Review of proposed web pages detailing the Capital Improvement Plan The meeting was adjourned prior to this item being discussed. PC-6 Update concerning RFP process for refuse and recycling services Budget and Administrative Services Manager Stephen Seidel provided an update regarding the Refuse and Recycling Request for Proposal (RFP) process and actions taken by peer cities related to refuse and recycling. Council determined that staff will continue the RFP process and meet with IESI representatives regarding the current contract. PC-7 Discussion of the March 20,2007, City Council regular agenda items There was no discussion of the regular agenda items. There being no further business, Mayor David Kelly declared the Pre Council meeting adjourned at 6:52 p.m. City of Colleyville Page 2 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 - The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly at 7:00 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart, and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Dal Anderson, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development Director Barry LeBaron, Acting Community Development Director Chris Fuller, Communications Manager Mona Gandy, Human Resources Director Kelly Cooper, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tern Jon Ayers arrived at 7:15 a.m. 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 - Discussion of litigation - Raman Chandler v. City of Colleyville Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott v. John Smith, Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Pare Homeowners Association, Inc., Montclair Pare, Inc., and the 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 7:01 p.m. and reconvened at 7:49 p.m. City of Colleyville Page 3 Printed on 4/5/2007 City Council City Council Minutes - Draft March 20, 2007 INVOCATION: 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-07-2819 There was no action taken on this item. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Taylor, on behalf of the City Council, commended the Fire Department personnel and Police Department personnel for the decorum, dignity and care exhibited after a fatal accident. Mayor Kelly invited children, infants to 9 years old, to participate in the Candy Free Egg Hunt at City Park, 3:00 to 5:00 p.m. on March 31, 2007 and for children age 10 to 14, a Good Night Egg Hunt will be held at City Park, 6:30 to 8:00 p.m. Mayor Kelly expressed appreciation to Assistant City Manager Dal Anderson who is leaving the City and wished him success in his new endeavors. Mayor Kelly recognized Brian Wilson, Police Officer; Steve Chutchian, Public Works Director; Michael Stephens, Firefighter/Paramedic; Mike Almy, Parks Maintenance Worker; Luke DeFilippis, Recreation Supervisor; Gary Keahey, Equipment Operator; Patrick Starrett, Police Officer and Marilyn Gilbert, Colleyville Center Administrative Assistant for one year of service, and Debby Scott, Assistant to the Finance Director for fifteen years of service to the City. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07-2820 4a Approval of the minutes of the regular City Council meeting of March 6, 2007 4b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07 -009 4c Approval of a donation of up to $10,000.00 from the Colleyville Baseball Association for a lightning detector system at City Park City of Colleyville Page 4 Printed on 3/28/2007 City Council City Council Minutes - Draft March 20, 2007 4d Approval of a donation of $5,000.00 from the Colleyville Baseball Association and a donation of $2,500.00 from the Colleyville Girls Softball Association for artificial turf replacement at Reagan Park 4e Approval of a local historical marker entitled "Frontier Justice" to be placed at the Riley Family Cemetery 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-07-2820. 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 Mayor Kelly expressed appreciation to the Colleyville Baseball Association and the Colleyville Girls Softball Association for contributions to improve Reagan Park. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1611 Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-005 Mayor Kelly read the caption of Ordinance 0-07-1611. Mayor Kelly opened the public hearing. Mr. Ron Shirley, Southlake, Texas, applicant, proposed the approval of R20 zoning conditional upon drainage study results. Mr. Steve Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance, future development in the area and regarding roadways. Ms. Connie Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance and regarding the Master Plan. City of Colleyvi/le Page 5 Printed on 3/28/2007 City Council City Council Minutes March 20, 2007 Ms. Connie Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance and regarding the Master Plan. Mr. Todd Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance and regarding the Master Plan related to the proposed zoning and traffic flow. Mr. Andy Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance and regarding potential traffic congestion related to the proposed subdivision. Mr. Wes Lansford, 1313 Glade Road, spoke in opposition to the proposed ordinance and regarding traffic flow, the Master Plan and estate lots. Mr. Chris Jefferson, 6749 St. Martins, spoke in opposition to the proposed ordinance and in support of the Master Plan. Mr. Roy Jackson, 1117 Garry Lynne, representing his father George Jackson, 1117 Garry Lynne, spoke regarding drainage issues, traffic flow and the Master Plan. Mr. Keith Mouney, 1216 Chatsworth Drive, spoke in opposition to the proposed ordinance and regarding lot size along Glade Road and in appreciation of the Pledge of Allegiance and prayer recited prior to the Council meeting. Mr. Clifton Duke, 3416 Circle Bend Place, spoke in favor of the proposed ordinance and regarding the drainage issues and the floodplain. Ms. Michele Whitten, 1205 Garry Lynne, spoke in opposition to the proposed ordinance. Ms. Linda Whitten, 1209 Garry Lynne, spoke in opposition to the proposed ordinance and regarding standing water in the backyard. Mr. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to the proposed ordinance and regarding open space. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly requested that the City Attorney address the proposal made by the applicant, Mr. Ron Shirley, related to drainage. City Attorney Matthew Boyle stated "it would be a conditional consent to City initiated rezoning. The City always has the ability to unilaterally City of Colleyville Page 6 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 rezone property and this would effectively be the owner's anticipatory consent being granted to the City that they would not oppose or in any way stand against a City initiated rezoning if that condition was met. The condition in that case being the inability of the applicant to successfully plat the property based on drainage concerns." Discussion ensued regarding the future land use map related to density, setback, trees and drainage plan. Mayor Kelly moved to approve Ordinance 0-07-1611. Councilman Taylor seconded the motion. The motion failed by the following vote: Aye: 1 - David Kelly Nay: 6 - George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Pro Tem Ayers moved to deny Ordinance 0-07-1611. 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 0-07-1612 Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 0.65 acres out of the S.C.H. Witten Survey located at 5504 Montclair Drive, Case Z-07 -006 Mayor Kelly read the caption of Ordinance 0-07-1612. 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 0-07-1612. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 7 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 5c 0-07-1613 Approval to an Amendment to Chapters 9 and 14 of the Land Development Code regarding emergency access gate maintenance, Case G-07 -007 Mayor Kelly read the caption of Ordinance 0-07-1613. 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 0-07-1613. Councilman Kelly seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case Z-07-003 Mayor Kelly read the caption of Ordinance 0-07-1614. Acting Community Development Director Chris Fuller provided an overview of the request, history of the property, the Planning and Zoning recommendation and information related to the hours of operation. Mayor Kelly opened the public hearing. Mr. Ben Johnson, 1712 Oak Knoll Drive, member of First Baptist Church, spoke in opposition to the proposed ordinance. Ms. Sandra Williamson, 5509 Janet Lane, homeowner and member of First Baptist Church, spoke in opposition to the proposed ordinance and regarding a healthy lifestyle and safety concerns related to the proposed business. Mr. Dale Molden, 105 Timberline Drive North, spoke in opposition to the proposed ordinance and regarding previous businesses at the location. City of Colleyville Page 8 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 Mr. Darius McKay, 1322 Briar Ridge Drive, Keller, Texas, Pastor, spoke in opposition to the proposed ordinance and regarding the Master Plan, family community and hours of operation of the proposed business. Mr. Michael Ray, 5405 Pleasant Run Road, Pastor, First Baptist Church, spoke in opposition to the proposed ordinance and hours of operation of the proposed business. Mr. Richard Schoulin, 1200 Clubhouse Court, South lake, member of First Baptist Church, spoke in opposition to the proposed ordinance and regarding the distance between the children's activity room and the business property. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Acting Community Development Director Chris Fuller stated the applicant is requesting the item be tabled and the Public Hearings be held April 3 and April 17, 2007. City Council determined that the second public hearing would be held April 3, 2007. Councilman Taylor stated that he is a member of the First Baptist Church of Colleyville. 6b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General Election elected to office and canceling the election Mayor Kelly read the caption of Ordinance 0-07-1615. City Secretary Cynthia Singleton reported that there are no write-in candidates and each candidate on the ballot is unopposed for election to office and under these circumstances, the Texas Election code authorizes the City Council to declare the candidates elected to office following the time the election results would be canvassed and cancel the May 12, 2007 General Election. The candidates will take office May 15,2007. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke in support of the proposed ordinance and suggested purchasing recumbent bicycles for the Senior Center with the funds designated for election expenses. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 9 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 Councilman Hendler stated that Councilman Boll, who is not running for City Council, is part of the success and stability of the City Council and it is an honor serving beside him. Councilman Taylor congratulated Mayor Kelly, Councilman Licata and Ms. Carol Wollin for a victory at the polls. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes - January 18, 2007 Parks and Recreation Advisory Board Minutes - February 5, 2007 Zoning Board of Adjustments Minutes - February 13, 2007 Planning and Zoning Commission Minutes - February 26, 2007 There was no action taken on this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2007 - READING AND PUBLIC HEARING - Resolution R-07-2821 This resolution was not needed. 10. 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: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:08 p.m. City of Colleyville Page 10 Printed on 4/5/2007 City Council City Council Minutes March 20, 2007 APPROVED BY A VOTE OF ~ AYES, 0 NAYS AND D ABSTENTIONS ON THIS THE ~ ~/t...t:iL DAY OF f~,----- 2007. City of Colleyville Page 11 Printed on 4/5/2007