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HomeMy WebLinkAboutCity Council-Minutes-7/20/2004 city Of Texas 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. 3 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. 4 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 5 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. 6 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. 9 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 10