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AGENDA
CITY COUNCIL MEETING
100 MAIN STREET
JULY 20, 2004
5:15 P.M. - PRE-COUNCIL AGENDA
PC-1. Discussion of City Park undeveloped area concept plans
PC-2. Presentation of Monthly Financial Report
PC-3. Update of Economic Development Study
PC-4. Discussion of City Council participation in regional committees
PC-5 Discussion of July 20, 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
Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant
Sec. 551.071 -
100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000
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:
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
Pending Litigation - Helen Boyce
Proposed Lease of Property - 5100 Colleyville Boulevard
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
Reverend Dale Smith, Colleyville Presbyterian Church
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 the "Annual National Night Out" - Acting
Chief Rodney Cunningham and Sergeant Clyde Davis
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-04-2405 - Consent Items:
a. Approval of minutes of the regular City Council meeting of July 6, 2004
b. Approval of minutes of the City Council Worksession of June 30,2004
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1469 _
Approval of an amendment to the Land Development Code to require
underground utilities - Case G-04-001
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1470 -
Approval of a Special Use Permit for day care on Lot 1, Block 1, Pleasant Glade
Assembly of God Addition, located at 2508 Glade Road, Case Z-04-023
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1471 -
Adopting an annual budget for Fiscal Year 2005 for the Colleyville Crime Control
and Prevention District
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1472 - Approval
of a Special Use Permit for vehicle storage on Lot 1 R, Block 1, Nystel Addition,
located at 1815 John McCain Road, Case Z-04-024
8. READING AND PUBLIC HEARING - Resolution R-04-2406 - Approval of a
waiver of perimeter street improvement requirements on Lot 3, Block 1, Redus
Addition, located in the 4500 block of Bill Simmons Road, Case G-04-016
9. READING AND PUBLIC HEARING - Resolution R-04-2407 - Approval of a
Preliminary Plat of Tuscany, 9.57 acres located at 5850 Colleyville Boulevard,
Case P-04-021
10. READING AND PUBLIC HEARING - Resolution R-04-2408 - Approval for the
City of Colleyville's continued participation in the North Central Texas Council of
Government Regional Emergency Preparedness Council Program
TABLED ITEMS:
11. CONSIDERATION OF ORDINANCE 0-04-1467 - Approval of a Zoning Change
from CC2 to PUD-R on Lot 4R, Block 1, Centerpark Addition located south of
Centerpark, east of Colleyville Boulevard, Case Z-04-010
12. CONSIDERATION OF ORDINANCE 0-04-1468 - Approval to amend Ordinance
0-03-1436 to allow motor scooter usage in Colleyville City Park and Kimzey
Park, on cul-de-sac streets without sidewalks and when accompanied by a
parent
13. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the
reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall
14. CONSIDERATION OF RESOLUTION R-04-2398 - Approval to implement the
broadcasting of all City Council, Planning and Zoning Commission and Zoning
Board of Adjustment meetings
REPORTS:
15. LIBRARY BOARD MEETING MINUTES - June 14,2004
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 JULY 20, 2004 -
Reading and Public Hearing - Resolution R-04-2410
ADJOURNMENT:
18. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 16, 2004
at~~~!VJVt
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
JULY 20, 2004
The Pre Council meeting of the Colleyville City Council was called to order by Mayor
Hocutt on July 20,2004, at 5:16 p.m.
ROLL CALL:
Councilpersons Mark Skinner, Elaine Dolan and Mayor Pro Tem
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, Finance Director Terry Leake, Parks
and Recreation Director Monica Walsh, Economic Development
Manager Scott Welmaker, Communications Manager Dixie
Cawthorne, Assistant to the City Manager Stephen Siedel and City
Secretary Cynthia Singleton were also present.
Councilman Rich Hendler arrived at 5:18 p.m.
Councilman Tom Hart was absent.
PC-1. Discussion of City Park undeveloped area concept plans
Mr. Sam Batenhorst of GSBS Batenhorst provided an overview of the Concept Master
Plan, Option 1 and Option 4 and answered questions of the Council.
Discussion ensued regarding the elements in each concept plan, funding sources and
access to the Kidsville parking lot.
PC-2. Presentation of Monthly Financial Report
The meeting was adjourned prior to this item being discussed.
PC-3. Update of Economic Development Study
Mr. Jeffery Grice of the Buxton Company provided an overview of the Phase I, Retail
Trade Area Analysis of the Community ID report, recommended Site 2 for Phase II and
answered questions of the Council.
CITY COUNCIL MINUTES
JULY 20, 2004
Discussion ensued regarding the retail potential of the community, Phase I profile
demographics, site trade area comparisons and the process for identifying retailers for
the City.
Economic Development Manager Scott Welmaker provided information regarding the
economic development potential of the City.
Council determined that the Economic Development Study would be placed on the
August 4,2004 agenda for further review and discussion.
PC-4. Discussion of City Council participation in regional committees
The meeting was adjourned prior to this item being discussed.
PC-5 Discussion of July 20,2004 City Council regular agenda items
The meeting was adjourned prior to this item being discussed.
Mayor Hocutt adjourned the meeting at 7:00 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt
on July 15, 2004, at 7:07p.m.
ROLL CALL:
Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and
Mayor Pro Tem Jon Ayers 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, Acting Police Chief Rodney Cunningham,
Sergeant Clyde Davis, Fire Chief Mike Johnston, Assistant to the
City Manager Stephen Seidel, Communications Manager Dixie
Cawthorne, City Attorney Ross Foster and City Secretary Cynthia
Singleton were also present.
Councilman Tom Hart was absent.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
2
CITY COUNCIL MINUTES
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-
JULY 20, 2004
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
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
Pending or Contemplated Litigation - CMPNJustice Center
Pending Litigation - Helen Boyce
Proposed Lease of Property - 5100 Colleyville Boulevard
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 7:09 p.m. and
reconvened at 7:56 p.m.
The invocation was given by Councilman Elaine Dolan 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 presented a Proclamation to Acting Chief Rodney Cunningham and
Sergeant Clyde Davis in recognition of the "Annual National Night Out" event.
Sergeant Clyde Davis stated that citizens may contact Officer Bill Hudgins for additional
information regarding "National Night Out" activities.
Mayor Hocutt introduced Boy Scouts Chase Burton, Hunter Scheff and Michael
Hasbach.
Mayor Hocutt announced that the first City Council meeting in August will be held
Wednesday, August 4, 2004, to allow citizens to participate in "National Night Out" on
Tuesday, August 3, 2004.
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CITY COUNCIL MINUTES
JULY 20, 2004
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-04-2405 - Consent Items:
a. Approval of minutes of the regular City Council meeting of July 6, 2004
b. Approval of minutes of the City Council Worksession of June 30, 2004
Mayor Hocutt opened the public hearing and read Resolution R-04-2405 in its entirety.
There was no one present wishing to speak and Mayor Hocutt closed the public
hearing.
Councilman Dolan moved to approve Resolution R-04-2405.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0:.04-1469 -
Approval of an amendment to the Land Development Code to require
underground utilities - Case G-04-001
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1469.
Mr. Greg Van Nieuwenhuize, 3930 Glade Road, spoke regarding the financial
responsibility for burying and maintaining utility lines and the ability to obtain a waiver
for the requirement to bury utility lines.
There were no others wishing to speak concerning this item and Mayor Hocutt closed
the public hearing.
Discussion ensued regarding the timing of the proposed ordinance, the need for
additional information related to requiring developers to provide underground utilities, a
bond election and the financial impact to new and existing businesses.
Councilman Dolan moved to deny Ordinance 0-04-1469.
Councilman Skinner seconded the motion.
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CITY COUNCIL MINUTES
JULY 20, 2004
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1470 -
Approval of a Special Use Permit for day care on Lot 1, Block 1, Pleasant Glade
Assembly of God Addition, located at 2508 Glade Road, Case Z-04-023
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1470.
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 City
requirements for operating a day care facility.
Councilman Skinner moved to approve Ordinance 0-04-1470, with the amendment to
Item c. to add the word: existing.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1471 -
Adopting an annual budget for Fiscal Year 2005 for the Colleyville Crime Control
and Prevention District
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1471.
There was no present wishing to speak concerning this item and Mayor Hocutt closed
the public hearing.
Councilman Ayers moved to approve Ordinance 0-04-1471.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
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CITY COUNCIL MINUTES
JULY 20, 2004
Mayor Hocutt declared the motion carried.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1472 - Approval
of a Special Use Permit for vehicle storage on Lot 1 R, Block 1, Nystel Addition,
located at 1815 John McCain Road, Case Z-04-024
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1472.
Mr. Peter Streit, 7000 Gladwyne Court, spoke regarding enforcement of the vehicle
storage provisions.
There were no others wishing to speak concerning this item and Mayor Hocutt closed
the public hearing.
Community Development Manager Barry LeBaron provided an overview of the
proposed ordinance and the recommendation of the Planning and Zoning Commission.
Mr. Andy Gardner, 4203 Mockingbird Lane, applicant, spoke regarding the future
development and maintenance of the property, the number of cars stored or parked
inside and outside of the building, the history of the business and stated his willingness
to remove the chain link fence and add landscaping.
Mayor Hocutt requested the following amendments to the proposed ordinance: outside
storage prohibited; vehicle repairs are prohibited; the term of the Special Use Permit will
reside with the current applicant; deliveries restricted to hours between 9:00 a.m. and
5:00 p.m., Monday through Friday; chain link fence will be removed and landscaping
added and signs will be in compliance with city and state laws.
Discussion ensued regarding car repairs and maintenance, landscaping, the existing
commercial businesses in the area, the number of cars parked outside and inside the
building and sign placement.
8. READING AND PUBLIC HEARING - Resolution R-04-2406 - Approval of a
waiver of perimeter street improvement requirements on Lot 3, Block 1, Redus
Addition, located in the 4500 block of Bill Simmons Road, Case G-04-016
Mayor Hocutt opened the public hearing and read Resolution R-04-2406 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Tommy Curb and Ms. Dia Curb, 207 Gallant Court, applicant, spoke regarding the
request for a waiver and was present to answer questions of the Council.
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CITY COUNCIL MINUTES
JULY 20, 2004
Community Development Coordinator Clayton Husband provided an overview of the
requirements of the perimeter street fees.
Discussion ensued regarding the history of Bill Simmons Road street repairs, life
expectancy of the street, amount of the waiver and previous Council action related to
perimeter street fee waivers.
Councilman Dolan moved to approve Resolution R-04-2406, with the amendment to
waive $5,000 of the street perimeter fee.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Dolan, Hendler and Mayor Pro Tem Ayers
Nays: Councilman Skinner
Mayor Hocutt declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-04-2407 - Approval of a
Preliminary Plat of Tuscany, 9.57 acres located at 5850 Colleyville Boulevard,
Case P-04-021
Mayor Hocutt opened the public hearing and read Resolution R-04-2407 in its entirety.
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
Preliminary Plat and the recommendation of the Planning and Zoning Commission.
Discussion ensued regarding the recommendation of the Planning and Zoning
Commission and conditions of the final plat.
Councilman Ayers moved to approve Resolution R-04-2407.
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
7
CITY COUNCIL MINUTES
JULY 20,2004
10. READING AND PUBLIC HEARING - Resolution R-04-2408 - Approval for the
City of Colleyville's continued participation in the North Central Texas Council of
Government Regional Emergency Preparedness Council Program
Mayor Hocutt opened the public hearing and read Resolution R-04-2408 in its entirety.
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-04-2408, with the nomination of
Mayor Joe Hocutt to serve on the Emergency Preparedness Planning Council.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the motion carried.
TABLED ITEMS:
11. CONSIDERATION OF ORDINANCE 0-04-1467 - Approval of a Zoning Change
from CC2 to PUD-R on Lot 4R, Block 1, Centerpark Addition located south of
Centerpark, east of Colleyville Boulevard, Case Z-04-01 0
Mayor Hocutt stated that the developer requested that this item remain tabled.
12. CONSIDERATION OF ORDINANCE 0-04-1468 - Approval to amend Ordinance
0-03-1436 to allow motor scooter usage in Colleyville City Park and Kimzey
Park, on cul-de-sac streets without sidewalks and when accompanied by a
parent
There was no action taken on this item.
13. CONSIDERATION OF RESOLUTION R.04.2394 - Approval of the
reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall
There was no action taken on this item.
14. CONSIDERATION OF RESOLUTION R-04-2398 - Approval to implement the
broadcasting of all City Council, Planning and Zoning Commission and Zoning
Board of Adjustment meetings
8
CITY COUNCIL MINUTES
JULY 20,2004
Councilman Skinner moved to remove Resolution R-04-2398 from the table.
Councilman Ayers requested that this item remain tabled and be placed on the August
4,2004 agenda for Council consideration.
Councilman Skinner withdrew the motion.
Discussion ensued regarding the need for additional research.
Council requested that this item be placed on the August 4, 2004, City Council agenda
for consideration.
Deputy City Manager Dianne McWethy stated that the timeline for implementation is
thirty days.
REPORTS:
15. LIBRARY BOARD MEETING MINUTES - June 14,2004
CITIZEN COMMENTS:
16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Eric Hulet, 608 Leta Lane, spoke regarding encounters with the Police Department
and a neighbor, an incident between a neighbor and Dr. Volosen and the responsibility
of the City Council.
ACTION/RESOLUTION:
17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 20, 2004 -
Reading and Public Hearing - Resolution R-04-2410
This item was not needed.
ADJOURNMENT:
18. ADJOURNMENT
There being no further business before the City Council, Councilman Ayers moved to
adjourn.
Councilman Skinner seconded the motion.
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CITY COUNCIL MINUTES
JULY 20, 2004
Ayes: Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Ayers
Nays: None
Mayor Hocutt declared the meeting adjourned at 9:24 p.m.
APPROVED THIS
....r AYES,
1'~ DAY OF ~~ 2004, BY A VOTE OF
o NAYS AND 0 ABSTENTIONS.
Mt1:;:~~
Cynthia Singleton, 'TRMC ) ,
City Secretary
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