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HomeMy WebLinkAboutCity Council-Minutes-6/1/2004 citY Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET JUNE 1, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of selecting a date and time for Council agenda review with staff PC-2. Discussion of providing legal representation for individuals subject to the City Ethics Policy PC-3. Discussion of selecting date(s) for Capital Improvement Program (CIP) Worksessions PC-4. Discussion of the City of Colleyville sponsoring a "Chuck Wagon" for the July 4th Town Center Celebration PC-5. Discussion regarding citizen petition for property located at 4107 Trail Bend Court PC-6. Discussion of creating a citizen's committee for capital improvement projects PC-7. Discussion of June 1, 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 100 MAl N STREET COLLEYVI LLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - INVOCATION: 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 Environmental Conservation Organization ("ECO"), Montclair Pare 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 Pending or Contemplated Litigation - CMPNJustice Center Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5209 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING Pastor Lloyd McCutchen, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. OATHS OF OFFICE - COUNCILMEMBERS, PLACES 3, 4 and 5 3. RECEPTION FOR COUNCILMEMBERS 4. ELECTION OF MAYOR PRO TEM 5. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Colleyville City Council - Mayor Pro T em Ginny Tigue PRESENTATION - The Friends of the Colleyville Public Library will receive a check for $10,000 from the Friends of Libraries USA (FOLUSA) for outstanding support of the Colleyville Public Library in 2003 - Carol Wollin and Mary Alice Rippe PRESENTATION - Colleyville Public Library Foundation will present a check, in the amount of $3,500 to the Colleyville Public Library - Ginny Tigue CONSENT: 6. READING AND PUBLIC HEARING - Resolution R-04-2385 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 18, 2004 b. Approval of an Interlocal Agreement with the City of Grapevine for a Sanitary Sewer connection with JR's Steakhouse c. Approval of a Final Plat of Tiffany Park, 7.16 acres located in the 4300 block of Brown Trail, Case P-04-018 d. Approval of a request by Melvin & Martindale, Inc. and the Colleyville Lions Club for a Grand Opening Celebration of Town Center Colleyville permit for July 2-3,2004, Case G-04-014 PUBLIC HEARINGS: 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1462 - Approval of a Special Use Permit for an accessory building on Lot 16, Community Home Addition, located at 5004 Rose Street, Case Z-04-017 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1463 - Approval of a Special Use Permit for a private horse stable on Lot 2, Block 1, Crook/Womeldorf Addition, located at 4808 Patterson Lane, Case Z-04-018 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1464 - Approval of a Zoning Change from AG Agricultural to CPO Professional Office on 0.849 acres located at 6200 Colleyville Boulevard, Case Z-04-019 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1465 - Approval of a Zoning Change from R40 Single Family Residential to CC2 Shopping Center Commercial on 10.1 acres located at the northeast corner of Precinct Line Road and Lavaca Trail, Case Z-04-020 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1466 - Amending Ordinance 0-01-1282 establishing a Library Board for the City of Colleyville to authorize alternate members to fill vacancies and to appoint ex officio members 12. READING AND PUBLIC HEARING - Resolution R-04-2386 - Approval of a Construction Contract for Sneed property with Dean Construction, in the amount of $468,925.06 13. READING AND PUBLIC HEARING - Resolution R-04-2387 - Consideration of appointments to the Park Land Dedication Committee REPORTS: 14. COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MINUTES - February 4,2004 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - February 23, 2004 CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 1, 2004 - Reading and Public Hearing - Resolution R-04-2388 ADJOURNMENT: 17. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 28, 2004, at 5:00 p.m. Cft Cynthia Singleton, TRMC 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. MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING JUNE 1,2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on June 1, 2004, at 5:22 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Public Works Director Keith Fisher, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Stephen Siedel and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:28 p.m. PC-1. Discussion of selecting a date and time for Council agenda review with staff City Manager Bill Lindley reviewed the current Council agenda review schedule. It was determined that the current schedule would remain the same with Councilman Hart's review being conducted via telephone. PC-2. Discussion of providing legal representation for individuals subject to the City Ethics Policy There was general discussion regarding providing legal representation for individuals subject to the City Ethics Policy and members of City boards, commissions and committees. City Attorney Ross provided information related to the City's obligation or authority to reimburse legal fees in regard to Ethics Complaints based upon three circumstances: (1) the Council has to make a determination that there is a public purpose for the reimbursement; (2) the Council has to make a determination that the acts that precipitated the ethics violation complaint were done in good faith by the official in the performance of their official duties; and (3) as per the Attorney General, in regards to the City providing legal representation in criminal matters, that the City cannot do that, reimburse legal fees, until there is a favorable outcome for the official, in other words, if the official is found guilty of the criminal offense, it would be improper for the City to pay for the defense or reimburse. CITY COUNCIL MINUTES JUNE 1,2004 City Attorney Ross Foster stated that the City has the authority to provide legal representation to City volunteers for civil complaints. There was general discussion regarding the ramifications if an individual is found to be at fault related to the Ethics Ordinance, future review of the Ethics Ordinance, review of ethics complaints by the City Attorney, the timeline and content of the Ethics Commission meetings. It was determined that an item regarding the reimbursement of legal fees for Mr. Jeffrey Wall and Mr. Earl Swift would be placed on the June 15, 2004, Council agenda for Council's consideration. It was determined that legal counsel will attend the Zoning Board of Adjustment meetings. PC-3. Discussion of selecting date(s) for Capital Improvement Program (CIP) Worksessions Mayor Hocutt stated this item should be combined with Item PC-6. PC-4. Discussion of the City of Colleyville sponsoring a "Chuck Wagon" for the July 4th Town Center Celebration City Manager Bill Lindley provided an overview of the July 4th Town Center Celebration and the "Chuck Wagon" sponsorship. Discussion ensued regarding the city's involvement in the event, the purpose of the "Chuck Wagon", the event format, the sponsorship and funding for the event for subsequent years. Council determined that the sponsorship of a "Chuck Wagon" would be funded through private donations. PC-5. Discussion regarding citizen petition for property located at 4107 Trail Bend Court Mr. Barry LeBaron provided an overview of the state of the property at 4107 Trail Bend Court and action taken by the City to bring it into compliance with City codes. Mr. Dick Oliver, 3904 Magnolia, provided information related to the appearance of the house and code violations. 2 CITY COUNCIL MINUTES JUNE 1, 2004 Mr. Frank Elsey, 4102 Trail Bend Court, provided a history of the property, the current condition of the house, activities on the property and number of police reports related to the property. Mr. James Shriner, 4105 Trail Bend Court, spoke regarding the unseemly activities on the property. Discussion ensued regarding the procedures for condemnation, the enforcement of City codes and deed restrictions by the homeowner association and police calls to the property. Council requested that staff proceed to take the necessary legal steps to bring the property into compliance with City codes. PC-6. Discussion of creating a citizen's committee for capital improvement projects Discussion ensued regarding future Capital Improvement Projects (CIP) meeting dates, bond election dates, Town Hall meetings for the purpose of educating the citizens regarding the propositions, a citizen committee and obtaining input from the SH26 Advisory Committee. Council determined that the capital improvement projects would be discussed at the June 11,2004 City Council Worksession. PC-7. Discussion of June 1,2004 City Council regular agenda items There was general discussion regarding Item 12 related to the Sneed property layout and amenities. There being no further business, Mayor Hocutt declared the meeting adjourned at 7:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on June 1, 2004, at 7:09 p.m. 3 CITY COUNCIL MINUTES ROLL CALL: JUNE 1,2004 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, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Fire Chief Mike Johnston, Fire Marshal Jeff Jones, Public Works Manager Kelly Howell, Communications Manager Dixie Cawthorne, Circulation/Technical Services Librarian Matt Denton, Financial Analyst Kacey Bess, 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 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - 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 Environmental Conservation Organization ("ECO"), Montclair Pare 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 Pending or Contemplated Litigation - CMPA/Justice Center Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5209 Colleyville Boulevard 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 7:10 p.m. and reconvened at 7:35 p.m. 4 CITY COUNCIL MINUTES JUNE 1,2004 The invocation was given by Pastor Lloyd McCutchen of Colleyville Assembly of God and City Attorney Ross Foster led the Pledge of Allegiance. 2. OATHS OF OFFICE - COUNCILMEMBERS, PLACES 3, 4 and 5 City Secretary Cynthia Singleton administered the Oath of Office to Councilmembers Rich Hendler, Jon Ayers and Tom Hart. 3. RECEPTION FOR COUNCILMEMBERS The meeting was recessed at 7:40 p.m. and reconvened at 8:00 p.m. and the incoming Council members took their place at the Council dais. 4. ELECTION OF MAYOR PRO TEM Mayor Hocutt opened the floor for nominations for Mayor Pro Tem. Mayor Hocutt nominated Councilman Mark Skinner. Councilman Hendler nominated Councilman Jon Ayers. There were no other nominations. Councilman Mark Skinner withdrew his name for nomination. Mayor Hocutt declared Councilman Ayers as Mayor Pro Tem by acclamation. 5. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt presented a plaque and a Key to the City to Mayor Pro Tem Tigue in recognition of service on the Colleyville City Council and for numerous contributions to the City. Mayor Pro Tem Tigue expressed appreciation to the citizens and staff, and spoke regarding the development of the City and the revitalization of downtown Colleyville. 5 CITY COUNCIL MINUTES JUNE 1, 2004 Ms. Carol Wollin and Ms. Mary Alice Rippe, members of The Friends of the Colleyville Public Library, received a check in the amount of $10,000 from The Friends of Libraries USA (FOLUSA) for outstanding support of the Colleyville Public Library in 2003 and presented the check to CirculationfTechnical Services Librarian Matt Denton. Ms. Ginny Tigue, Colleyville Public Library Foundation representative, presented a check, in the amount of $3,500, to CirculationfTechnical Services Librarian Matt Denton for the Colleyville Public Library. CONSENT: 6. READING AND PUBLIC HEARING - Resolution R-04-2385 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 18, 2004 b. Approval of an Interlocal Agreement with the City of Grapevine for a Sanitary Sewer connection with JR's Steakhouse c. Approval of a Final Plat of Tiffany Park, 7.16 acres located in the 4300 block of Brown Trail, Case P-04-018 d. Approval of a request by Melvin & Martindale, Inc. and the Colleyville Lions Club for a Grand Opening Celebration of Town Center Colleyville permit for July 2-3,2004, Case G-04-014 Mayor Hocutt opened the public hearing and read Resolution R-04-2385 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-04-2385, with the amendment to the May 18, 2004 minutes to reflect the exact quotes of Mr. Mike Taylor as presented during citizen comments; and, add to Item 4, discussion ensued regarding gated developments and the number of residences; and, add to Item 12, Mayor Hocutt opened the floor for nominations for Place 7. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6 CITY COUNCIL MINUTES JUNE 1, 2004 PUBLIC HEARINGS: 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1462 _ Approval of a Special Use Permit for an accessory building on Lot 16, Community Home Addition, located at 5004 Rose Street, Case Z-04-017 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1462. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Ordinance 0-04-1462. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1463 - Approval of a Special Use Permit for a private horse stable on Lot 2, Block 1, Crook/Womeldorf Addition, located at 4808 Patterson Lane, Case Z-04-018 Mayor Hocutt stated that this item was denied by Planning and Zoning and would require a super majority vote for approval. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1463. Ms. Amy LaBarge, 4809 Bill Simmons Road, spoke in opposition to the proposed ordinance and regarding her children's allergies to horses and the zoning of the property. Mr. David Womeldorf, 4808 Patterson, spoke regarding meeting all of the requirements for the zoning request, the rural atmosphere of the neighborhood, the neighbors objection to horses and the size of the lot. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Council requested that staff provide the history of the property. 7 CITY COUNCIL MINUTES JUNE 1,2004 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1464 - Approval of a Zoning Change from AG Agricultural to CPO Professional Office on 0.849 acres located at 6200 Colleyville Boulevard, Case Z-04-019 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1464. 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 zoning change request. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1465 - Approval of a Zoning Change from R40 Single Family Residential to CC2 Shopping Center Commercial on 10.1 acres located at the northeast corner of Precinct Line Road and Lavaca Trail, Case Z-04-020 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1465. Mr. Gregory Van Nieuwenhuize, 3930 Glade Road, Suite 108, representing a property owner located at the southeast corner of Lavaca Trail and Precinct Line Road, spoke regarding drainage concerns. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of the zoning change request. The meeting was interrupted by inclement weather, which resulted in the loss of power. The meeting was reconvened at 8:53 p.m. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1466 - Amending Ordinance 0-01-1282 establishing a Library Board for the City of Colleyville to authorize alternate members to fill vacancies and to appoint ex officio members Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1466. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8 CITY COUNCIL MINUTES JUNE 1, 2004 12. READING AND PUBLIC HEARING - Resolution R-04-2386 - Approval of a Construction Contract for Sneed property with Dean Construction, in the amount of $468,925.06 Mayor Hocutt opened the public hearing and read Resolution R-04-2386 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. There was discussion regarding the severe weather and passing over this item to allow further discussion at the June 15, 2004, Council meeting. Councilman Skinner moved to table Resolution R-04-2386. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2387 - Consideration of appointments to the Park Land Dedication Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2387 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 approved Resolution R-04-2387. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. REPORTS: 14. COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MINUTES - February 4,2004 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - February 23, 2004 9 CITY COUNCIL MINUTES JUNE 1, 2004 There was no action taken on this item. CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak on this item. ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 1, 2004 - Reading and Public Hearing - Resolution R-04-2388 This item was not needed. ADJOURNMENT: 17. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 9:06 p.m. APPROVED THIS s- AYES, /sJc1 DAY OF o NAYS AND i~ 2004, BY A VOTE OF o ABSTENTIONS. Minutes taken and prepared by: c~n:=R::)'~~ City Secretary 10