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HomeMy WebLinkAboutCity Council-Minutes-3/2/2004 city of ice Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET MARCH 2, 2004 5:15 P.M. - PRE-COUNCIL AGENDA 6:30 P.M. - COLLEYVILLE CENTER ADVISORY COMMITTEE APPLICANT INTERVIEW PC-1. Discussion of Board, Commission and Committee Appreciation Event PC-2. Discussion of the Federal Railroad Administration Interim Final Rule Regarding Train Horn Rules at Railroad Crossings PC-3. Discussion of Citywide Donation Policy PC-4. Discussion of the March 2, 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 Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Lease of Property - 5100 Colleyville Boulevard Transfer to Texas Department of Transportation for Right-of- Way for Planned Improvements for SH26 - Big Bear Creek and Little Bear Creek Property Acquisition - Fire Station Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - 100 MAIN STREET COLLEYVI LLE, TEXAS 76034 (817) 503-1000 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Carter Foster, Colleyville Christian Fellowship PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of Ms. Betty Jean Willbanks for service on the Colleyville Tree Board CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2325 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 17, 2004 b. Approval of the minutes of the City Council Worksession of February 11, 2004 c. Approval of the minutes, as amended, of the Joint City Council and SH26 Advisory Committee meeting of January 28,2004 d. Approval of the purchase of one (1) Ford Crown Victoria police vehicle. from Philpott Ford through the Houston-Galveston Area Council of Governments, in the amount of $21,172.57 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1444 - Approval of a Zoning Change from R20 to PUD-C on Lot 1, Block 2, Thompson Terrace Addition, located at 5001 Thompson Terrace, Case Z-04-007 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1445 - Approval of a Zoning Change from AG to PUD-C on 1.9 acres located at the southwest corner of Colleyville Boulevard and Church Street, Case Z-04-004 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1446 - Approval of amending Ordinance 0-89-719, establishing a Parks and Recreation Advisory Board and amending the By Laws 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1447 - Approval of amending Chapter 7 of the Colleyville Code, Section 7, Use of and Conduct in Public Parks, A. Trespassing in Public Parks, (1) Operation of Motor Vehicles of Ordinance 0-93-906 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1448 - Approval of a City-Developer Agreement with Realty Capital Corporation 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1449 - Approval of an amendment to Chapter 18 - Buildings and Building Regulations of the Code of Ordinances to establish for vacant commercial buildings, Case G-03- 016 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1450 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Highland Acres, located at 305 Timberline Drive South, Case Z-04-008 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1451 - Approval of the City-Developer Agreement with Foxcreek Residential Development, Ltd., for the Remington Park - Phase 4 addition 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1452 - Approval of a City-Developer Agreement with Emerald Park Residential Development, Ltd., for the Emerald Park Addition 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1453 - Approval of an amendment to Chapter 13-lmpact Fees of the Colleyville Land Development Code, by providing an exemption for payment of a water impact fee for certain residential lawn irrigation meters, Case G-03-036 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1454 - Approval of an amendment to the Land Development Code regarding movie theaters, Case Z -04-004 15. READING AND PUBLIC HEARING - Resolution R-04-2326 - Consideration of appointment to the Colleyville Center Advisory Committee and establishing a policy for the appointment and term of a Committee Chair and Vice Chair 16. READING AND PUBLIC HEARING - Resolution R-04-2327 - Acceptance of the annual audit for Fiscal Year Ended September 30,2003 17. READING AND PUBLIC HEARING - Resolution R-04-2328 - Approval of an Agreement with the Buxton Group Consulting Firm to prepare Phase I - Retail Trade Area Determination and Phase II - Retail Site Selection and Tenant Analysis and Retail Recruiting Package to assist in developing an Economic Development Plan 18. READING AND PUBLIC HEARING - Resolution R-04-2329 - Approval to adopt the Economic Development Work Plan 19. READING AND PUBLIC HEARING - Resolution R-04-2330 -- Approval of Change Order 1 with Peachtree Construction, Ltd., for the 2004 Street Resurfacing Project, in the amount of $53,650 20. READING AND PUBLIC HEARING - Resolution R-04-2331 - Approval of Tarrant County Bid 2001-085 for milling services on the 2004 Street Resurfacing Improvement Project, in the amount of $93,466.00 21. READING AND PUBLIC HEARING - Resolution R-04-2332 - Approval of a Schematic Design for Glade Road and Heritage Avenue 22. READING AND PUBLIC HEARING - Resolution R-04-2333 - To override the Mayor's veto of Resolution R-03-2283, appointing members to the Planning and Zoning Commission 23. READING AND PUBLIC HEARING - Resolution R-04-2334 - Consideration of appointments to the Planning and Zoning Commission TABLED ITEMS: 24. 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 25. CONSIDERATION OF ORDINANCE 0-04-1442 - Approval of a Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard, Case Z-04-003 REPORTS: 26. COLLEYVILLE CENTER ADVISORY COMMITTEE MARKETING SUBCOMMITTEE MINUTES - October 15, 2003 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 17, 2003 CITIZEN COMMENTS: 27. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 28. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 2, 2004 - Reading and Public Hearing - Resolution R-04-2335 ADJOURNMENT: 29. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, February 27. 00;Lcp 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 817.503.1133, and reasonable accommodations will be made to assist you. MINUTES OF THE COLLEVILLLE CITY COUNCIL MEETING MARCH 2, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 2, 2004, at 5:25 p.m. ROLL CALL: Council persons Mark Skinner, Elaine Dolan, 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, Parks and Recreation Director Monica Walsh, and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler arrived at 6:20 p.m. PC-1. Discussion of Board, Commission and Committee Appreciation Event Deputy City Manager and City Secretary Cynthia Singleton provided an overview of the proposed programming and cost for a Board, Commission and Committee Appreciation Event. Council determined that a reception would be held in August and include entertainment and a photographer for a group photo of the board, commission and committee members. Mayor Hocutt requested that the Fiscal Year 2005 budget include funding for an appreciation event for board, commission and committee members. PC-2. Discussion of the Federal Railroad Administration Interim Final Rule Regarding Train Horn Rules at Railroad Crossings Public Works Director Keith Fisher provided an overview of the Federal Administration's requirements for the Interim Final Rule Regarding Train Horn Rules on railroad crossings throughout Colleyville. CITY COUNCIL MINUTES MARCH 2, 2004 Mr. Jim Martin of Fort Worth Western Railroad and Mr. Jerry Martin of the Federal Railroad Administration were present to answer questions of the Council. PC-3. Discussion of Citywide Donation Policy There was no discussion of this item. PC-4. Discussion of the March 2, 2004, City Council regular agenda items There was general discussion regarding Council agenda items 21 and 24. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 2, 2004, at 6:58 p.m. ROLL CALL: Council persons 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, Fire Chief Mike Johnston, Parks and Recreation Director Monica Walsh, Financial Analyst Collin Boothe, Technical Services Librarian Matt Denton, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 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. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:59 p.m. and reconvened at 8:12 p.m. The invocation was given by Reverend Carter Foster of Colleyville Christian Fellowship and City Attorney Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D 2 CITY COUNCIL MINUTES MARCH 2, 2004 Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Lease of Property - 5100 Colleyville Boulevard Transfer to Texas Department of Transportation for Right-of- Way for Planned Improvements for SH26 - Big Bear Creek and Little Bear Creek Property Acquisition - Fire Station Sec. 551.072 - Sec. 551.072- Sec. 551.072 - Sec. 551.072 - 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt recognized Ms. Betty Jean Willbanks for service on the Colleyville Tree Board. Ms. Willbanks was unable to attend the meeting. Councilman Ayers announced that Council Agenda Item 25, regarding the rezoning of property located at 5850 Colleyville Boulevard, will remain tabled at the request of the developer. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2325 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 17, 2004 b. Approval of the minutes of the City Council Worksession of February 11, 2004 c. Approval of the minutes, as amended, of the Joint City Council and SH26 Advisory Committee meeting of January 28, 2004 d. Approval of the purchase of one (1) Ford Crown Victoria police vehicle, from Philpott Ford through the Houston-Galveston Area Council of Governments, in the amount of $21,172.57 Mayor Hocutt opened the public hearing and read Resolution R-04-2325 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 3 CITY COUNCIL MINUTES MARCH 2, 2004 Councilman Skinner stated that a correction was made to the draft minutes of the February 17, 2004, City Council meeting, removing his name from the vote taken on adjournment, as he was absent. Mayor Pro Tem Tigue moved to approve Resolution R-04-2325. Councilman Hendler seconded the motion. Ayes: Council persons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1444 - Approval of a Zoning Change from R20 to PUD-C on Lot 1, Block 2, Thompson Terrace Addition, located at 5001 Thompson Terrace, Case Z-04-007 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1444. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding permitted uses and number of handicap parking spaces. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1444. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1445 - Approval of a Zoning Change from AG to PUD-C on 1.9 acres located at the southwest corner of Colleyville Boulevard and Church Street, Case Z-04-004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1445. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 4 CITY COUNCIL MINUTES MARCH 2, 2004 Councilman Skinner moved to approve Ordinance 0-04-1445. 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. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1446 - Approval of amending Ordinance 0-89-719, establishing a Parks and Recreation Advisory Board and amending the By Laws Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1446. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1446. Councilman Hendler seconded the motion and made a friendly amendment to Section II., Item 7, Attendance, as follows: In the event any member of the Board is absent three consecutive meetings, a letter shall be submitted to the....... Councilman Ayers made a friendly amendment to Section II., Item 7, Attendance, as follows: In the event any member of the Board is absent three consecutive meetings, a letter shall be submitted to the Mayor and City Council by the board. Mayor Pro Tem Tigue and Councilman Hendler accepted the friendly amendment. 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 0-04-1447 - Approval of amending Chapter 7 of the Colleyville Code, Section 7, Use of and Conduct in Public Parks, A. Trespassing in Public Parks, (1) Operation of Motor Vehicles of Ordinance 0-93-906 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1447. 5 CITY COUNCIL MINUTES MARCH 2, 2004 There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the use of motorized vehicles in parks. Councilman Ayers moved to table Ordinance 0-04-1447. Mayor Pro Tem Tigue seconded the motion. Mayor Hocutt stated that the ordinance should remain tabled until Council requests that the ordinance be placed on the agenda. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Item 24 was considered at this time. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1448 - Approval of a City-Developer Agreement with Realty Capital Corporation Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1448. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the construction of a hike and bike trail and the timeline for construction improvements of the intersection of McDonwell School Road and Precinct Line Road and a traffic impact study. Discussion ensued regarding cost participation by the Keller Independent School District and a traffic impact study. 6 CITY COUNCIL MINUTES MARCH 2, 2004 Councilman Ayers moved to approve Ordinance 0-04-1448, with the amendment to the City-Developer Agreement, Number 1: The Developer will construct a 10 foot wide hike/bike trail along Precinct Line Road as approved and in compliance with the City's standards and Number 2: Developer and City agree that the City will improve the eastern intersection of McDonwell School Road and Precinct Line Road, the "Improvements". Developer and City agree that the Improvements will generally comply with the design attached at (Exhibit "B") subject to modifications based on future traffic studies, traffic impact analysis and cost participation by the Keller Independent School District. The City agrees to apply the Developer's McDonwell School Road perimeter street fee towards the cost of the Improvements. The City agrees to reasonably complete the construction of the Improvements within twenty-four months after the approval of the Development's final plat. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1449 - Approval of an amendment to Chapter 18 - Buildings and Building Regulations of the Code of Ordinances to establish for vacant commercial buildings, Case G-03- 016 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1449. Mr. Mike Taylor, 5016 Chelsea Drive, spoke regarding the registration of vacant buildings and general maintenance requirements related to signs. Mr. Don Noblit, 4913 Colleyville Boulevard. spoke regarding the support of Council related to the maintenance of property at 4913 Colleyville Boulevard and in opposition to the proposed Ordinance. Mr. Charles Hodges. 13642 Omega, spoke regarding new vacant buildings, the impact of vacant buildings on future development, enforcement of the fire code and lawful use of empty buildings. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the definition of the term "vacant" and use of vacant buildings for storage. 7 CITY COUNCIL MINUTES MARCH 2, 2004 Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1449, with the amendment to include a definition of the term "vacant"; Section 18-315(a) All non-residential buildings that remain vacant for a period of ninety days 90 days; Delete Section 18-315(b) and Section 18-315(c) becomes 18-315(b); Section 18-320(b) All signs on the structure or property shall be removed entirely or kept in working order. Mayor Hocutt made a friendly amendment to Section 18-305, last line should read: Texas, and which remain vacant for a period of ninety 90 days. Mayor Pro Tem Tigue accepted the friendly amendment. Councilman Ayers provided a definition of a vacant commercial building as a non- residential building or structure for which a certificate of occupancy has previously been issued for a lawful use, but has been vacated for the purpose of usage for which the original certificate of occupancy was issued. Discussion ensued regarding a property, in which there exists a condition that is not in compliance with this ordinance. Councilman Skinner seconded the motion. Ayes: Council persons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Council person Dolan Mayor Hocutt declared the motion carried. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1450 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Highland Acres, located at 305 Timberline Drive South, Case 2-04-008 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1450. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of the request for the Special Use Permit. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1451 - Approval of the City-Developer Agreement with Foxcreek Residential Development, Ltd., for the Remington Park - Phase 4 addition 8 CITY COUNCIL MINUTES MARCH 2, 2004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1451. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley provided an overview of the City Developer Agreement. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1452 - Approval of a City-Developer Agreement with Emerald Park Residential Development, Ltd., for the Emerald Park Addition Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1452. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Public Works Director Keith Fisher provided an overview of the City Developer Agreement. Mayor Hocutt recessed the meeting at 10:40 p.m. and reconvened at 10:52 p.m. 13. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1453 - Approval of an amendment to Chapter 13 - Impact Fees of the Colleyville Land Development Code, by providing an exemption for payment of a water impact fee for certain residential lawn irrigation meters, Case G-03-036 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1453. Mr. Mike Taylor, 5016 Chelsea Drive, spoke regarding the impact of the system. Mr. Grady Walker, 7309 John McCain Road, spoke in support of Ordinance 0-04-1453. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 14. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1454 - Approval of an amendment to the Land Development Code regarding movie theaters, Case Z-04-004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1454. 9 CITY COUNCIL MINUTES MARCH 2, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron stated that the proposed Ordinance provides for the establishment of maximum cap on the number screens allowed in Colleyville. 15. READING AND PUBLIC HEARING - Resolution R-04-2326 - Consideration of appointment to the Colleyville Center Advisory Committee and establishing a policy for the appointment and term of a Committee Chair and Vice Chair Mayor Hocutt opened the public hearing and read Resolution R-04-2326 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-04-2326, with the appointment of Mr. John Gray to the Colleyville Center Advisory Committee. Councilman Hendler seconded the motion. Ayes: Council persons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-04-2327 - Acceptance of the annual audit for Fiscal Year Ended September 30, 2003 Mayor Hocutt opened the public hearing and read Resolution R-04-2327 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Finance Director Terry Leake introduced Mr. John Manning of Patillo, Brown and Hill, L.L.P., Certified Public Accountants who provided a brief synopsis of the annual Audit and was present to answer questions of the Council. Councilman Dolan moved to approve Resolution R-04-2327. Councilman Skinner seconded the motion. 10 CITY COUNCIL MINUTES MARCH 2, 2004 Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-04-2328 - Approval of an Agreement with the Buxton Group Consulting Firm to prepare Phase I - Retail Trade Area Determination and Phase II - Retail Site Selection and Tenant Analysis and Retail Recruiting Package to assist in developing an Economic Development Plan Mayor Hocutt opened the public hearing and read Resolution R-04-2328 in its entirety. Mr. Charles Hodges, 13542 Omega, Dallas, spoke in support of the proposed Resolution and requested additional information regarding the proposed assessment. Mr. Mike Taylor, 5016 Chelsea Drive, spoke in favor of the proposed Resolution and regarding a specific assessment study from Buxton Group. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley provided an overview of the proposed Buxton Group Consulting Firm assessment. Council suspended the rules to allow citizens to speak. Mr. Charles Hodges, 13642 Omega Road, Dallas, Texas, spoke regarding the specific nature of the proposed study and the Community ID study. Discussion ensued regarding the inclusion of developers to assist in determining the scope of work for the Buxton Consulting Firm. Councilman Ayers moved to table Resolution R-04-2328. Councilman Hendler seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 11 CITY COUNCIL MINUTES MARCH 2, 2004 18. READING AND PUBLIC HEARING - Resolution R-04-2329 - Approval to adopt the Economic Development Work Plan Mayor Hocutt opened the public hearing and read Resolution R-04-2329 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-04-2329. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler. Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-04-2330 - Approval of Change Order 1 with Peachtree Construction, Ltd., for the 2004 Street Resurfacing Project, in the amount of $53,650 Mayor Hocutt opened the public hearing and read Resolution R-04-2330 in its entirety. 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 Resolution R-04-2330. Councilman Skinner seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-04-2331 - Approval of Tarrant County Bid 2001-085 for milling services on the 2004 Street Resurfacing Improvement Project, in the amount of $93,466.00 Mayor Hocutt opened the public hearing and read Resolution R-04-2331 in its entirety. 12 CITY COUNCIL MINUTES MARCH 2, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Resolution R-04-2331. Councilman Dolan seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None City Manager Bill Lindley expressed appreciation to Tarrant County and Commissioner Whitley for a cooperative effort to improve the City's streets. Mayor Hocutt declared the motion carried. 21. READING AND PUBLIC HEARING - Resolution R-04-2332 - Approval of a Schematic Design for Glade Road and Heritage Avenue Mayor Hocutt opened the public hearing and read Resolution R-04-2332 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. The Council suspended the rules to allow citizens to speak. Mr. Bruce Miller, 3609 Wexford Court, representing Prestwick Homeowner's Association, spoke regarding the traffic flow on Glade Road. Mr. Tom Pitts, 3605 Wexford Court, spoke regarding the Colleyville Heritage High School basketball team's winning record and spoke regarding the proposed design for Glade Road and Heritage Avenue and the location of utility lines along Glade Road. There were no others present wishing to speak and Mayor Hocutt closed the public hearing. Public Works Director Keith Fisher provided an overview of the schematic design for Glade Road and Heritage Avenue. Public Works Director Keith Fisher stated that there will be additional public meetings for citizen input related to this item. 13 CITY COUNCIL MINUTES MARCH 2, 2004 Councilman Ayers moved to approve Resolution R-04-2332 with amendment to Section 1 to read THAT the general schematic design improvements for the intersection of Glade Road and Heritage Avenue is hereby approved with instruction to staff to continue working with TxDOT to establish median cuts to reduce impact with adjacent property owners and to accept input from surrounding neighbors as to final design. Mayor Pro Tem Tigue seconded the motion. City Council suspended the rules to allow citizens to speak. Mr. Tom Pitts, 3605 Wexford Court, spoke regarding the history of the development of the schematic design and public input and spoke regarding type and location of turning lanes. Councilman Skinner called the question. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 22. READING AND PUBLIC HEARING - Resolution R-04-2333 - To override the Mayor's veto of Resolution R-03-2284, appointing members to the Planning and Zoning Commission Mayor Hocutt called for a vote to continue the meeting past midnight. Ayes: Council person Ayers, Dolan and Hendler Nays: Mayor Pro Tem Tigue and Councilman Skinner Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read Resolution R-04-2333 in its entirety. Mayor Hocutt stated that Resolution R-04-2333 should have been recorded as Resolution R-04-2333, Resolution R-04-23338 and Resolution R-04-2333C. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Resolution R-04-2333. 14 CITY COUNCIL MINUTES MARCH 2, 2004 Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue and Councilman Skinner Mayor Hocutt declared the motion denied, as it requires four ayes to overturn a Veto. Mayor Hocutt opened the public hearing and read Resolution R-04-23338 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-04-23338. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue and Councilman Skinner Mayor Hocutt declared the motion denied, as it requires four ayes to overturn a Veto. Mayor Hocutt opened the public hearing and read Resolution R-04-2333C 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 approve Resolution R-04-2333C. Councilman Ayers seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue and Councilman Skinner Mayor Hocutt declared the motion denied, as it requires four ayes to overturn a Veto. 23. READING AND PUBLIC HEARING - Resolution R-04-2334 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2334 in its entirety. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution. 15 CITY COUNCIL MINUTES MARCH 2, 2004 There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Attorney Ross Foster stated that the Charter, requires for those positions that are open, appointments to be made odd and even years. Discussion ensued regarding the Charter and Rules of Procedure related to Planning and Zoning appointments. Councilman Ayers called the question. Councilman Ayers moved to approve Resolution R-04-2334 and appoint Dave Dudziak, Tom Hart and Luann Edwards to the Planning and Zoning Commission. Councilman Dolan seconded the motion. Councilman Ayers stated that the appointments are Dave Dudziak, Place 5, Tom Hart, Place 6 and Luann Edwards, Place 7. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Council persons Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion approved. TABLED ITEMS: 24. 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 Councilman Ayers moved to remove Ordinance 0-03-1432 from table. Councilman Skinner seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1432. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 16 CITY COUNCIL MINUTES MARCH 2, 2004 Mayor Pro Tem Tigue suggested an amendment to Section 2, Item 2. Permitted Uses, to include the following: hotel/motel, bakery, meat & fish market, cafe, cafeteria & restaurant, restaurant with drive-thru service, general retail sales, pharmacy/drug store, retail hardware store, book or stationary store, jewelry, camera, music store, florist shop furniture store. Mr. Richard Myers, 300 Lloyd Circle, developer, was present to answer questions of the Council and spoke regarding the potential use of the property and methods of enforcing the method of uses. Discussion ensued regarding landscaping, open space, screening and the process for managing the allocation of square footage for retail versus non-retail. Councilman Ayers moved to approve Ordinance 0-03-1432, with an amendment to Section 2 a(1) as follows: All uses allowed in the CC1 and CC2 zoning districts, except the use for general office is limited to 20% of the square footage of the development. Any use for general office, above 20% of the square footage of the development shall require a Special Use Permit; further the use of building materials without outside storage and motion picture theaters shall be prohibited. Further modification includes Paragraph 2a(2) be deleted and 2a(3) becomes 2a(2). Mayor Hocutt made a friendly amendment to add banks and financial institutions to Section 2a(1). Councilman Ayers and Mayor Pro Tem Tigue accepted the friendly amendment. Ayes: Councilpersons, Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Hocutt declared the motion carried. 25. CONSIDERATION OF ORDINANCE 0-04-1442 - Approval of a Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard, Case Z-04-003 This item remained tabled at the request of the Developer. REPORTS: 26. COLLEYVILLE CENTER ADVISORY COMMITTEE MARKETING SUBCOMMITTEE MINUTES - October 15, 2003 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 17, 2003 17 CITY COUNCIL MINUTES MARCH 2, 2004 There was no action taken on this item. CITIZEN COMMENTS: 27.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Tom Pitts, 3605 Wexford Court, spoke regarding the recent action of the Planning and Zoning Commission and the Master Plan update. ACTION/RESOLUTION: 28. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 2, 2004 - Reading and Public Hearing - Resolution R-04-2335 This item was not needed. ADJOURNMENT: 29. ADJOURNMENT There being no further business before the City Council, Councilman Skinner moved to adjourn. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 12:20 a.m. APPROVED THIS /~ ~ DAY OF ~Q...(.c..~ 2004, BY A VOTE OF .s- AYES, a NAYS AND 0 ABSTENTIONS. 18