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HomeMy WebLinkAboutCity Council-Minutes-5/4/2004 CUy of !ce Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET MAY 4, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of 2004-2005 Council Planning Worksession PC-2. Discussion of possible football facility sites PC-3. Discussion of Overhead Utility Relocation Ordinance for undeveloped properties PC-4. Discussion of the City Attorney's attendance at the Planning and Zoning Commission meetings PC-5. Discussion of May 4, 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. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Pending Litigation - Broadland Limited Partnership, Plaintiff vs. Keith Dovers and Ramon Ortiz, Defendants Pending Litigation - Jo Ann Johns, Plaintiff vs. The City of Colleyville, Texas, and Utilities Incorporated d/b/a H & W Utility Contractors, A Texas Corporation, Defendants Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - INVOCATION: Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING Sister Dorothy Eggering, Good Shepherd Catholic Community 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 PROCLAMATION - In recognition of National Memorial Police Week, May 9-15,2004 - Police Chief John Young and Officer Bill Hudgins PROCLAMATION - In recognition of National Public Works Week, May 16-22, 2004 - Operations Manager Kelly Howell CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2368 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 20, 2004 b. Approval of minutes of the Special City Council meeting of April 27, 2004 PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1460 - Approval of an amendment to Ordinance 0-01-1277, the PUD-R for Strathmore Addition, located in the 3200 block of Glade Road, Case Z-04-016 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1461 - Authorizing the Issuance of Waterworks and Sewer revenue refunding bonds, Series 2004 (Note: Resolution R-02-2055 authorizes one reading of an ordinance for the issuance of debt for which the only purpose is to refund prior issues per Texas Government Code Title 9, Chapter 1201-028 and 1201-002) 6. READING AND PUBLIC HEARING - Resolution R-04-2369 - Approval of the use of the Voluntary Library Fund, in the amount of $36,436, for the purchase of books and processing materials 7. READING AND PUBLIC HEARING - Resolution R-04-2370 - Approval of a deferral of parkland dedication fees for 21.551 acres in the Town Center Colleyville Addition, located in the 5500 block of Colleyville Boulevard, Case G- 04-012 8. READING AND PUBLIC HEARING - Resolution R-04-2371 - Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Pleasant Run Road and a section of Cheek Sparger Road, in an amount not to exceed $145,000 9. READING AND PUBLIC HEARING - Resolution R-04-2372 - To override the Mayor's veto of Resolution R-04-2365, appointing members to the Planning and Zoning Commission 10. READING AND PUBLIC HEARING - Resolution R-04-2373 - Consideration of appointments to the Planning and Zoning Commission REPORTS: 11. TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - January 12, 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - March 8, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - March g, 2004 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 4, 2004 - Reading and Public Hearing - Resolution R-04-2374 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 30, 2004, a'tlw 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 COLLEYVILLE CITY COUNCIL MEETING MAY 4, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on May 4, 2004, at 5:20 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, 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, Circulation and Technical Services Librarian Matt Denton, Assistant to the City Manager Stephen Siedel and City Secretary Cynthia Singleton were also present. PC-1. Discussion of 2004-2005 Council Planning Worksession Council determined that the worksession would be held June 10 at 5:30 and continue June 11 at noon in the Executive Conference room and that City Manager Bill Lindley would serve as the facilitator. Council requested that staff provide an overview of the department goals and capital needs. PC-2. Discussion of possible football facility sites There was general discussion regarding the use of Grapevine-Colleyville Independent School District property at Colleyville Heritage High School for practice areas for the Colleyville Youth Football Association (CYFA) program. Discussion continued regarding the maintenance and costs of lighting the fields. Council requested that staff proceed to obtain use of the school fields for one year and reserve the right to install lights and other capital improvements. PC-3. Discussion of Overhead Utility Relocation Ordinance for undeveloped properties There was general discussion regarding the costs of relocating the existing overhead electric power lines along SH26 by burying them underground and requirements for future developments to relocate the lines. CITY COUNCIL MINUTES MAY 4,2004 Council requested that staff place the overhead utility relocation ordinance on the May 18, 2004 Council agenda. PC-4. Discussion of the City Attorney's attendance at the Planning and Zoning Commission meetings City Manager Bill Lindley provided information related to having legal counsel attend the Planning and Zoning Commission meetings. Council requested that staff place an item on a City Council agenda to amend the City Attorney's contract to include attendance at the Planning and Zoning Commission meetings. PC-5. Discussion of May 4, 2004 City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:37 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on May 4, 2004, at 6:45 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, Police Chief John Young, Fire Chief Mike Johnston, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Library Director Mary Rodne, Technical Services Librarian, Assistant to the City Manager Stephen Seidel, 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 2 CITY COUNCIL MINUTES Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - MAY 4, 2004 Pending Litigation - Broadland Limited Partnership, Plaintiff vs. Keith Dovers and Ramon Ortiz, Defendants Pending Litigation - Jo Ann Johns, Plaintiff vs. The City of Colleyville, Texas, and Utilities Incorporated d/b/a H & W Utility Contractors, A Texas Corporation, Defendants Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter 0, 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 6:46 p.m. and reconvened at 7:36 p.m. The invocation was given by Sister Dorothy Eggering 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 Pro Tem Tigue announced the hiring of Economic Development Manager Scott Welmaker who will begin work with the City on June 1, 2004. She further stated that the former Economic Development Manager Mike Soab served the City from 1995 through 2000. Councilman Hendler stated that he attended the official dedication, by the Rotary Club, of the clock located in front of City Hall and expressed appreciation to club members for the donation of the clock. Councilman Hendler expressed appreciation to Mr. Charlie Hall and Officer Kevin Walling for organizing the Old Time Barbeque, which raised approximately $8,000 for Special Olympics. 3 CITY COUNCIL MINUTES MAY 4, 2004 Mayor Hocutt presented a Proclamation to Operations Manager Kelly Howell in recognition of National Public Works Week, May 16-22, 2004. Mr. Howell invited everyone to attend the Public Works Rodeo, Friday, May 21,2004, at Pennington Field. Mayor Hocutt presented a Proclamation to Police Chief John Young and Officer Bill Hudgins in recognition of National Memorial Police Week, May 9-15, 2004. Chief Young and Officer Hudgins expressed appreciation to the citizens for recognizing and remembering officers that have fallen in the line of duty. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2368 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 20, 2004 b. Approval of minutes of the Special City Council meeting of April 27, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2368 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-04-2368, with the amendment to Item 1 a of the April 20, 2004 City Council minutes: Item 5, last sentence of page 6 should read: Councilman Ayers provided a history of the process of the zoning request, the options available to Council for considering the zoning request and recommended denying without prejudice. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1460 - Approval of an amendment to Ordinance 0-01-1277, the PUD-R for Strathmore Addition, located in the 3200 block of Glade Road, Case Z-04-016 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1460 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 4 CITY COUNCIL MINUTES MAY 4,2004 Clayton Husband provided an overview of the amendment to Ordinance 0-01-1277. Discussion ensued regarding the number of lots. Mr. George Hemecourt, 545 E. Carpenter Freeway, Irving, Texas, applicant, was present to answer questions of the Council. Fire Chief Mike Johnston spoke regarding residential and commercial building sprinkler systems and the benefits of a building sprinkler system. Mayor Hocutt requested that the following be added to the proposed Ordinance: Section 7. Other. g. All garages will be rear or side entry; h. lighting and signage will be an ornamental design; and the homeowner's association will be responsible for maintenance of fixtures. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1461 - Authorizing the Issuance of Waterworks and Sewer revenue refunding bonds, Series 2004 (Note: Resolution R-02-2055 authorizes one reading of an ordinance for the issuance of debt for which the only purpose is to refund prior issues per Texas Government Code Title 9, Chapter 1201-028 and 1201-002) Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1461. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley stated that the Texas Legislature approved changes in state law which allow only one reading of an ordinance to authorize the issuance and sale of a public security to allow municipalities to take advantage of certain market conditions. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1461. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 6. READING AND PUBLIC HEARING - Resolution R-04-2369 - Approval of the use of the Voluntary Library Fund, in the amount of $36,436. for the purchase of books and processing materials 5 CITY COUNCIL MINUTES MAY 4, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2369 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-04-2369. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-04-2370 - Approval of a deferral of parkland dedication fees for 21.551 acres in the Town Center Colleyville Addition, located in the 5500 block of Colleyville Boulevard, Case G- 04-012 Mayor Hocutt opened the public hearing and read Resolution R-04-2370 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Charles Hodges, 13642 Omega, Dallas, Texas, applicant, spoke regarding the deferral of parkland dedication fees and was present to answer questions of the Council. Discussion ensued regarding the Tax Increment Financing District as it relates to Town Center and payment of the Parkland Dedication fees for the Village at Colleyville development. Councilman Ayers moved to approve Resolution R-04-2370. 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. City Manager Bill Lindley stated that Lifetime Fitness reported that the Colleyville site has had record membership sales. 6 CITY COUNCIL MINUTES MAY 4, 2004 Mr. Charles Hodges announced that the first Town Center celebration will be July 3, 2004 and on December 3, Luke's Locker will host the Colleyville Classic Run. 8. READING AND PUBLIC HEARING - Resolution R-04-2371 - Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Pleasant Run Road and a section of Cheek Sparger Road, in an amount not to exceed $145,000 Mayor Hocutt opened the Public Hearing and read Resolution R-04-2371 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Resolution R-04-2371. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-04-2372 - To override the Mayor's veto of Resolution R-04-2365, appointing members to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2372. 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-04-2372. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Council person Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion denied. Four ayes are necessary to override a veto. 7 CITY COUNCIL MINUTES MAY 4, 2004 10. READING AND PUBLIC HEARING - Resolution R-04-2373 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2373. 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-04-2373 appointing Dave Dudziak to Place 5, Tom Hart to Place 6 and Luann Edwards to Place 7 to the Planning and Zoning Commission. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion approved. REPORTS: 11. TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - January 12, 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - March 8, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - March 9, 2004 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Kathy Hadley, 207 N. Timberline, spoke regarding the tax exemption for senior citizens, expressed appreciation to Council for approving the exemption and spoke regarding the right of citizens to speak. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 4, 2004 - Reading and Public Hearing - Resolution R-04-2374 This resolution was not needed. ADJOURNMENT: 14. ADJOURNMENT 8 CITY COUNCIL MINUTES MAY 4,2004 There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 8:33 p. m. APPROVED THIS S AYES, /j?w., DAY OF o NAYS AND /iL~ 2004, BY A VOTE OF o ABSTENTIONS. Minutes taken and prepared by: c11~;;~~ City Secretary 9