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HomeMy WebLinkAboutCity Council-Minutes-1/6/2004 Ie Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET JANUARY 6, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of designating City property for relocation of historical structures PC-2. Discussion of City Council's goals for 2004 PC-3. Discussion of the January 6, 2004, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition Sec. 551.071 - 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 100 MAIN STREETcOLLEYVILLE, TEXAS 76034 (817) 503-1000 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUES - In recognition of service on the Parks and Recreation Advisory Board - Meg Davis, Jim Messina and Bill Mitchell PLAQUES - In recognition of service on the Colleyville Economic Development Corporation Board - Janice Cole, Donna O'Brien and Gary Cantrell PLAQUES - In recognition of service on the SH26 Advisory Committee - Joyce Hammill and Larry Midtbo CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2290 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 16, 2003 b. Approval of the minutes of the City Council Worksession of December 10. 2003 c. Approval of Eudaly Homesite at 710 Glade Road local historical marker application PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1433 - Approval of an amendment to the Special Use Permit for Alcoholic Beverage Sales in Town Center Colleyville Addition (Ordinance 0-03-1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard, Case Z-03- 029 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1434 - Approval of a Zoning Change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive, Case Z-03-027 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1435 - Approval of an amendment to the PUD-C for the Village at Colleyville (Ordinance 0-02-1337.4) to allow a drive-through business on Lot 3 located at 23 Main Street, Case Z-03-028 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1436 - Approval to place restrictions on the use and operation of motor assisted scooters by prohibiting the operation of motor assisted scooters on streets, highways, paths and alleys 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1437 - Approval of an Ad Valorem Tax Freeze for residential homestead property owners who are disabled or sixty-five years of age or older 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1438 - Amending Section 2 of Ordinance 0-03-1431 to authorize the expenditure of $378,063 of unappropriated fund balance for construction of the Sneed Property Practice Fields 10. READING AND PUBLIC HEARING - Resolution R-04-2291 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case Z-03- 029 11. READING AND PUBLIC HEARING - Resolution R-04-2292 - Approval of a City Council Donation and Solicitation Policy TABLED ITEMS: 12. CONSIDERATION OF ORDINANCE 0-03-1432 - Approval of a Zoning Change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road, Case Z-03-026 13. CONSIDERATION OF RESOLUTION R-03-2283 - To override the Mayor's veto of Resolution R-03-2276, appointing members to the Planning and Zoning Commission 14. CONSIDERATION OF RESOLUTION R-03-2284 - Consideration of appointments to the Planning and Zoning Commission REPORTS: 15. PARKS AND RECREATION ADVISORY BOARD MINUTES - November 3, 2003 LIBRARY BOARD MINUTES - September 10,2003 CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6, 2004 - Reading and Public Hearing - Resolution R-04-2293 ADJOURNMENT: 18. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Wednesday, December 31, 2003, at 5:00 p.m. ~ Cynthia Singleton, TRMC City Secretary 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 817.577.7575, and reasonable accommodations will be made to assist you. MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JANUARY 6, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on January 6, 2004, at 5:20 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Director Keith Fisher, Finance Director Terry Leake, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. PC-1. Discussion of designating City property for relocation of historical structures Councilman Ayers provided information and suggestions related to preserving the City's heritage. There was general discussion regarding potential sites for the relocation of historical structures. PC-2. Discussion of City Council's goals for 2004 City Manager Bill Lindley provided a summary and update of City Council's goals for 2004. PC-3. Discussion of the January 6, 2004, City Council regular agenda items There was general discussion of the January 6, 2004, regular agenda items. Council discussed a City Council Donation and Solicitation policy. CITY COUNCIL MINUTES JANUARY 6, 2004 There being no further business, Mayor Hocutt declared the meeting adjourned at 6:47 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on January 6, 2004, at 6:51 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Parks and Recreation Director Monica Walsh, Marketing Manager Dixie Cawthorne, Assistant to the City Manager Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition Sec. 551.072 - Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal and Section 551.072, Property Acquisition. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:52 p.m. and reconvened at 7:37 p.m. The invocation was given by Reverend Lee Johnson of Bear Valley Community Church and City Attorney Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt recognized Parks and Recreation Advisory Board members Meg Davis, Jim Messina and Bill Mitchell for their service. 2 CITY COUNCIL MINUTES JANUARY 6, 2004 Mayor Hocutt presented Development Corporation recognition of their service. a plaque to Janice Cole and recognized Economic Board members Donna O'Brien and Gary Cantrell in Mayor Hocutt presented a plaque to Joyce Hammill and recognized Larry Midtbo for service on the SH26 Advisory Committee. Councilman Hendler announced that a Metroport Teen Court Advisory Board meeting would be held January 9, 2004, at 9:45, in the Colleyville Public Library. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2290 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 16, 2003 b. Approval of the minutes of the City Council Worksession of December 10, 2003 c. Approval of Eudaly Homesite at 710 Glade Road local historical marker application Mayor Hocutt opened the public hearing and read Resolution R-04-2290 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt recognized Dr. Brenda Miller, Historical Preservation Committee member, who prepared the historical marker for the Eudaly Homesite. Councilman Ayers moved to approve Resolution R-04-2290 and commended Dr. Miller for her work on the Historical Preservation Committee. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 3 CITY COUNCIL MINUTES JANUARY 6, 2004 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1433 - Approval of an amendment to the Special Use Permit for Alcoholic Beverage Sales in Town Center Colleyville Addition (Ordinance 0-03-1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard, Case Z-03- 029 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1433. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1433. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1434 - Approval of a Zoning Change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive, Case Z-03-027 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1434. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1434. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 4 CITY COUNCIL MINUTES JANUARY 6, 2004 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1435 _ Approval of an amendment to the PUD-C for the Village at Colleyville (Ordinance 0-02-1337.4) to allow a drive-through business on Lot 3 located at 23 Main Street, Case Z-03-028 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1435. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner stated that the Ordinance was amended to include a provision prohibiting the sale of alcohol at the drive-through window. Councilman Skinner moved to approve Ordinance 0-03-1435. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding traffic flow. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1436 _ Approval to place restrictions on the use and operation of motor assisted scooters by prohibiting the operation of motor assisted scooters on streets, highways, paths and alleys Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1436. Ms. Janet Cameron, 4801 Jim Mitchell Trail West, spoke regarding the safety of motor assisted scooters and in opposition to the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Council, by acclamation, suspended the rules to allow citizens to speak. Ms. Patricia Wirtz, 5505 Janet Lane, spoke in favor of the proposed Ordinance. Discussion ensued regarding restrictions, statistics of injuries associated with the use of the scooter and safety issues related to riding the motor assisted scooters. 5 CITY COUNCIL MINUTES JANUARY 6, 2004 Council requested that staff provide statistics related to the operation of the motor assisted scooters. Councilman Ayers moved to table Ordinance 0-03-1436. Mayor Pro Tem Tigue seconded the motion. Ayes: Council persons Skinner, Ayers and Mayor Pro Tem Tigue Nays: Council persons Dolan and Hendler Mayor Hocutt declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1437 - Approval of an Ad Valorem Tax Freeze for residential homestead property owners who are disabled or sixty-five years of age or older Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1437. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan spoke in favor of the proposed Ordinance and regarding the financial impact to the City and the value of senior citizens to the community. Councilman Skinner spoke in favor of the proposed Ordinance and regarding the quality of life in the City for those affected by the legislation and the financial impact to the City. Mayor Pro T em Tigue spoke in favor of the proposed Ordinance and regarding the 1981 school district tax freeze. Councilman Ayers spoke regarding the statewide support of the Constitutional amendment related to the tax freeze and in support of the proposed Ordinance. Councilman Hendler stated that he and Councilman Dolan requested that this item be placed on the agenda and commended City Manager Bill Lindley for managing the budget to allow for this exemption. City Manager Bill Lindley provided an overview of the legislation related to the tax freeze and the timeline for implementation. Discussion ensued regarding the implementation of the tax freeze. 6 CITY COUNCIL MINUTES JANUARY 6, 2004 Mayor Hocutt spoke regarding the tax exemption for persons sixty-five years of age older and disabled persons, which was approved by Council April 1, 2003, and in support of the proposed Ordinance. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1438 - Amending Section 2 of Ordinance 0-03-1431 to authorize the expenditure of $378,063 of unappropriated fund balance for construction of the Sneed Property Practice Fields Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1438. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt requested that the caption be revised to include, "up to $378,063" and spoke regarding the contributions of the sports associations and funding sources. Councilman Ayers spoke in favor of the proposed Ordinance and stated that this is an excellent project and should be of a long term benefit to the children of Colleyville. Discussion ensued regarding the funding and timing of the project. Mr. Joe Ben Hassell, Colleyville Baseball President, spoke regarding the Colleyville Baseball program. Mayor Hocutt expressed gratitude to the Colleyville Baseball Association for the donation of $75,000 for this project. 10. READING AND PUBLIC HEARING - Resolution R-04-2291 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case Z-03- 029 Mayor Hocutt opened the public hearing and read Resolution R-04-2291 in its entirety. Mr. Stephen Friese, 6700 Curtis Road, spoke regarding the boundaries of the waiver. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided information regarding the conditions of the waiver, the proximity of the restaurant to the school and the effectiveness of the certificate of occupancy. 7 CITY COUNCIL MINUTES JANUARY 6,2004 Councilman Skinner posed the following question: What if Gloria's was issued the certificate of occupancy, a change of ownership occurred in the entity of Gloria's and the format was changed to a Sports Bar. There is no change in occupancy due to the fact there was a change in ownership. Is there any recourse in this situation? City Attorney Ross Foster stated, "I have not taken that into consideration that has been posed to me, so I have not really looked at the statute with that in mind. My assumption would be that every time that the Texas Alcoholic Beverage Commission (TABC) state folks require a license, they come to the City or require the City to certify that that particular entity is eligible to have a license in the City. If the change of ownership was not one that required the T ABC to again certify them, then I do not think we would have any recourse. I would have to research the issue to determine whether it was a situation that TABC would again come to us and ask whether or not they were eligible, whether at that time we could revoke the waiver, I just do not know the answer to that question without research". Discussion ensued regarding the process for the issuance of a new license in the event of a change in ownership and certificate of occupancy. Mayor Pro Tem Tigue moved to approve Resolution R-04-2291. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-04-2292 - Approval of a City Council Donation and Solicitation Policy Mayor Hocutt opened the public hearing and read Resolution R-04-2292 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to table Resolution R-04-2292. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None 8 CITY COUNCIL MINUTES JANUARY 6, 2004 Mayor Hocutt declared the motion carried. TABLED ITEMS: 12. CONSIDERATION OF ORDINANCE 0-03-1432 - Approval of a Zoning Change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road, Case Z-03-026 This item was not removed from the table. 13. CONSIDERATION OF RESOLUTION R-03-2283 - To override the Mayor's veto of Resolution R-03-2276, appointing members to the Planning and Zoning Commission This item was not removed from the table. 14. CONSIDERATION OF RESOLUTION R-03-2284 - Consideration of appointments to the Planning and Zoning Commission This item was not removed from the table. REPORTS: 15. PARKS AND RECREATION ADVISORY BOARD MINUTES - November 3, 2003 LIBRARY BOARD MINUTES - September 10, 2003 There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6, 2004 - Reading and Public Hearing - Resolution R-04-2293 9 CITY COUNCIL MINUTES JANUARY 6, 2004 This Resolution was not needed. ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 8:58 p.m. APPROVED THIS S- AYES, d.o~ DAY OF o NAYS AND :fa-'?U<.t~ 2004, BY A VOTE OF t."J AB ENTIONS. Minutes taken and prepared by: ()- ?cY;.{iL~(-:kv Cynthia Singleton, TRMC City Secretary 10