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HomeMy WebLinkAboutCity Council-Minutes-8/17/2004 city of ie 1'exas AGENDA CITY COUNCIL MEETING 100 MAIN STREET AUGUST 17, 2004 5:15 P.M. - PRE-COUNCIL AGENDA 6:05 P.M. - HISTORICAL PRESERVATION COMMITTEE INTERVIEWS PC-1. Update of Intersection Projects and the McDonwell School Road and Precinct Line Road Intersection Improvements PC-2. Discussion of implementation of SAS 99 and GASB 39 for the annual audit for fiscal year ended September 30,2004 PC-3. Presentation of the Monthly Financial Report PC-4. Discussion of setting dates for review and discussion of the proposed Master Plan update PC-5. Establishing date(s) and tjme(s) for City Council Capital Improvement Program Worksession(s) PC-6. Discussion of August 17, 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 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 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 - Sec. 551.074 - INVOCATION: 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 - CMPA/Justice 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 Personnel - City Manager's Performance Evaluation 7:30 P.M. - RESUME REGULAR MEETING Sister Theresa Khirallah, 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 PRESENTATION - Colleyville Public Library Foundation - Ginny Tigue CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2416 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 4, 2004 b. Approval of minutes of the City Council Worksession of July 30, 2004 c. Approval of a Replat of Strathmore Addition, 8.44 acres located at 3308 Glade Road, Case P-04-031 d. Approval of a Contract with Pattillo, Brown & Hill, L.L.P. for audit services for fiscal year ended September 30, 2004 e. Approval of the Purchase of a fire command vehicle through H-GAC, using grant funds, in the amount of $48,996 f. Ratifying the Agreement with Autobahn Motor Cars to accept the sponsorship of a vehicle for the Colleyville Heritage High School Resource Officer g. Approval of a Final Plat of Warwick Parc, Phase 11,19.13 acres located at 909 McCain Road, Case P-04-029 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1473 - Approval of a Zoning Change from CC3 Highway Commercial to PUD-C Planned Unit Development-Commercial on 3.24 acres located at 101 Cheek Sparger Road, Case Z-04-021 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1474 - Approval of an amendment to the PUD-C Ordinance 0-95-987, for Lot 1, Block 11, Longwood Estates at Ross Downs, 6.93 acres located at 7171 Colleyville Boulevard, Case Z-04-025 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1475 - Approval of a Zoning Change from R30 to PUD-R on Lots 1 and 2, Block 1, Neidholt Addition, 2.23 acres located at 103-105 John McCain Road, Case Z-04-026 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1476 - Approval of an amendment to the PUD-R ordinance for Tiffany Park, 7.16 acres located in the 4300 block of Brown Trail, Case Z-04-027 8. READING AND PUBLIC HEARING - Resolution R-04-2417 - Consideration of appointments to the Historical Preservation Committee 9. READING AND PUBLIC HEARING - Resolution R-04-2418 - Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 10. READING AND PUBLIC HEARING - Resolution R-04-2419 - Approval of a Waiver for the Colleyville Baseball Association (CBA) for use of the Colleyville City Park game fields 11. READING AND PUBLIC HEARING - Resolution R-04-2420 - Approval of a Minor Plat of Lot 1, Block 1, KISD Addition, 13.37 acres located at the southeast corner of Precinct Line Road and McDonwell School Road, Case P-03-033 12. READING AND PUBLIC HEARING - Resolution R-04-2421 - Approval of a bid award for dental insurance to MetLife and health insurance renewal to United Healthcare 13. READING AND PUBLIC HEARING - Resolution R-04-2422 - Approval of purchasing two (2) 2005 Ford Crown Victoria police vehicles and one (1) 2005 Ford Expedition police vehicle, from Philpott Motor Company, through the H- GAC's Cooperative Purchasing Program, Bid Number VE-10-03, in the amount of $64,400.14 TABLED ITEMS: 14. 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 15. 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 16. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall REPORTS: 17. COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MINUTES - May 10, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - June 7, 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - July 12, 2004 CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 17, 2004 - Reading and Public Hearing - Resolution R-04-2423 ADJOURNMENT: 20. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 13, 2~~ . C~hia ~ingleton, 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 CITY COUNCIL MEETING AUGUST 17, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on August 17, 2004, at 5:16 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Acting Police Chief Rodney Cunningham, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Human Resources Director Kelly Cooper, Finance Director Terry Leake, Director of Public Works Keith Fisher, Engineer Chad Bartee, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Financial Analyst Kacey Bess and City Secretary Cynthia Singleton were also present. PC-1. Update of Intersection Projects and the McDonwell School Road and Precinct Line Road Intersection Improvements Community Development Manager Barry LeBaron and Public Works Director Keith Fisher provided an update of the intersection projects and the McDonwell School Road and Precinct Line Road intersection improvements. The John McCain Road and SH26 Intersection project is scheduled for completion in the Fall 2004. The John McCain and Westcoat Drive Intersection is scheduled for completion in September 2004. The Glade Road and Heritage Avenue Intersection scheduled start date is Fall 2005. Discussion ensued regarding traffic flow, the construction of sidewalks and trails, drainage and funding sources. Public Works Director Keith Fisher stated that a cost sharing agreement has been coordinated with the Keller Independent School District (KISD) to improve McDonwell School Road from Precinct Line Road to a point just east of the KISD elementary school site and that the City will manage the project and the projected completion date is Spring 2005. CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 - PC-2. Discussion of implementation of SAS 99 and GASB 39 for the annual audit for fiscal year ended September 30,2004 Finance Director Terry Leake introduced Mr. John Manning of Pattillo, Brown & Hill, L.L.P. audit firm. Mr. Manning provided an overview of the implementation of the SAS 99 (anti-fraud programs and controls) and GASB 39 (determining whether certain organizations are component units). PC-3. Presentation of the Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-4. Discussion of setting dates for review and discussion of the proposed Master Plan update The meeting was adjourned prior to this item being discussed. PC-5. Establishing date(s) and time(s) for City Council Capital Improvement Program Worksession(s) The meeting was adjourned prior to this item being discussed. PC-6. Discussion of August 17, 2004 City Council regular agenda items The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 6:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on August 17, 2004, at 7:08 p.m. 2 CITY COUNCIL MEETING MINUTES ROLL CALL: AUGUST 17, 2004 Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Finance Director Terry Leake, Fire Chief Mike Johnston, Acting Police Chief Rodney Cunningham, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Engineer Chad Bartee, Human Resource Director Kelly Cooper, Economic Development Manager Scott Welmaker, Library Director Mary Rodne, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, 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 - Sec. 551.074- 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 - CMPA/Justice 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 Personnel - City Manager's Performance Evaluation 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, Section 551.072, Property and Section 551.074, Personnel. 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 7:51 p.m. The invocation was given by Sister Theresa Khirallah of Good Shepherd Catholic Community and City Attorney Ross Foster led the Pledge of Allegiance. - 3 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt introduced and welcomed Boy Scout Dan Dudney who is working on his communications merit badge. Former Mayor Pro Tem Ginny Tigue, on behalf of the Colleyville Public Library Foundation, presented a plaque commemorating the donors to the opening day collection for the Colleyville Public Library. The donation of $65,000 provided for an opening day collection and the establishment of an account, which will be used for the completion of the second floor of the Library. Ms. Tigue invited everyone to attend the unveiling of the plaque on Saturday, August 21, 2004, from 1 :00 to 3:00 p.m. in the Library. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2416 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 4, 2004 - b. Approval of minutes of the City Council Worksession of July 30, 2004 c. Approval of a Replat of Strathmore Addition, 8.44 acres located at 3308 Glade Road, Case P-04-031 d. Approval of a Contract with Pattillo, Brown & Hill, L.L.P. for audit services for fiscal year ended September 30, 2004 e. Approval of the Purchase of a fire command vehicle through H-GAC, using grant funds, in the amount of $48,996 f. Ratifying the Agreement with Autobahn Motor Cars to accept the sponsorship of a vehicle for the Colleyville Heritage High School Resource Officer g. Approval of a Final Plat of Warwick Parc, Phase 11,19.13 acres located at 909 McCain Road, Case P-04-029 Mayor Hocutt opened the public hearing and read Resolution R-04-2416 in its entirety. There was no one present wishing to speak and Mayor Hocutt closed the public hearing. - 4 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 - Mayor Hocutt requested that the Joint City Council and SH26 Advisory Committee meeting minutes of July 8, 2004, be amended to reflect that the SH26 Advisory Committee members, in attendance, were in favor of the relocation of burying the utility lines from Little Bear Creek to Big Bear Creek and for presenting this option to the voters in the next bond election. Mayor Hocutt expressed appreciation to Mr. Dennis Johnson and Mr. Nelson Thibodeaux for their efforts in obtaining the use of a Volvo for the Colleyville Heritage High School Resource Officer. Discussion ensued regarding the replat of Strathmore and staff provided information related to the property meeting all zoning standards. Mayor Pro Tem Ayers expressed appreciation to "Colleyville Citizens and Neighbors" and Mr. Dennis Johnson and Mr. Nelson Thibodeaux for their efforts in the acquisition of a vehicle for the Colleyville Heritage High School Resource Officer. Mayor Pro Tem Ayers moved to approve Resolution R-04-2416, with the amendment to the Joint City Council and SH26 Advisory Committee minutes as follows: the members of the SH26 Advisory Committee, in attendance, were in favor of the relocation of burying the utility lines from Little Bear Creek to Big Bear Creek and for presenting this option to the voters in the next bond election. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1473 _ Approval of a Zoning Change from CC3 Highway Commercial to PUD-C Planned Unit Development-Commercial on 3.24 acres located at 101 Cheek Sparger Road, Case Z-04-021 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1473. Mr. Steven Knight, 3917 Felps Court, spoke regarding the lighting on the property, time limitation for access to the property and the east end exit from the property. ,- There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 5 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 Community Development Manager Barry LeBaron provided an overview of the zoning request. Discussion ensued regarding potential sales tax revenue and the type of retail businesses. Mr. Joe Gordon, 6958 Royal Lane, Dallas, Texas, Blue Star Land Company, spoke regarding sales tax and ad valorem tax projections, layout of the development, retail uses for the project, and was present to answer questions of the Council. Discussion continued regarding the security gates, hours of operation, retail component, architectural components, signage and rental rates. Mr. Joe Hickman of Blue Star Land Company, spoke regarding the development of the property, the timeline for construction of the project and lease up timeline. Discussion ensued regarding the size of the self-storage and warehouse, access to the showroom and storage areas, parking and future commercial development of the area. Mayor Hocutt requested the ordinance include a requirement for internal and external underground utilities, hours of operation, 7 a.m. to 7 p.m., parking, business visibility, - appearance of facade and to exclude the following uses: hotel and motel, bus or train terminal, automobile parking garage, feed store, motorcycle repair, veterinarian with outside kennels, and a professional business school and a drive-thru restaurant would only be considered with a Special Use Permit. Council requested and Developer agreed to a uniform sign criteria. Mayor Pro Tem Ayers moved to table Ordinance 0-04-1473. Councilman Skinner seconded the motion. Council requested that the developer provide pictures of a similar development located in Piano, Texas and an exhibit of the proposed signage for the project. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1474 _ Approval of an amendment to the PUD-C Ordinance 0-95-987, for Lot 1, Block 11, Longwood Estates at Ross Downs, 6.93 acres located at 7171 Colleyville Boulevard, Case Z-04-025 6 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1474. Mayor Hocutt stated that the developer requested that the item be tabled and Council determined that the public hearing would be opened to allow citizens to speak and subsequently be tabled. Mr. Chris Gross, 2309 Danielle Drive, speaking on behalf of Dick Ernspiger, 2313 Danielle Drive and George and Kate Tabone, 7000 Coleman Court, spoke in favor of the proposed Ordinance. Mr. Mike Wallis, 2212 Danielle Drive, spoke regarding maintaining the integrity of the neighborhood, the development of the proposed property, in opposition to a retail development and in favor of an office condominium project. Ms. Michelle Hudak, 7004 Cole Court, spoke regarding citizen comments to the Planning and Zoning Commission, retail development in the City and in favor of office condominiums. Mr. Darren Lee, 7005 Cole Court, spoke in opposition to the proposed retail development and regarding a traffic light at Longwood and SH26. - Mr. Craig Wozniak, 7004 Coleman Court, spoke in favor of an office condominium development. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Tom Matthews, developer, requested that this item be considered at the September 7, 2004, Council meeting. Mayor Pro Tem Ayers moved to table Ordinance 0-04-1474. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1475 - Approval of a Zoning Change from R30 to PUD-R on Lots 1 and 2, Block 1, Neidholt Addition, 2.23 acres located at 103-105 John McCain Road, Case Z-04-026 7 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1475. Ms. Beth Battles, 101 John McCain Road, spoke regarding an e-mail forwarded to Council, the layout of the proposed development and in opposition to the proposed Ordinance. Mr. Brandon Battles, 101 John McCain Road, declined the opportunity to speak and stated opposition to the proposed Ordinance. There were no others present wishing to speak and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of the proposed zoning change. Mr. Jody Boyd, 710 Creek Crossing Trail, representing the applicant, spoke regarding current and proposed zoning, configuration of the property and was present to answer questions of the Council. Councilman Skinner requested that solid fencing be installed along the property line to create a sense of privacy. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1476 - Approval of an amendment to the PUD-R ordinance for Tiffany Park, 7.16 acres located in the 4300 block of Brown Trail, Case Z-04-027 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1476. Mr. Mark Crenshaw, 504 Bridlewood North, spoke regarding the Planning and Zoning Commission's consideration of the proposed amendment, restricting the homes to single story construction and construction and location of a bonus room. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the recommendation of the Planning and Zoning Commission of the proposed amendment. Mr. Larry Cole, 400 Country Place, spoke regarding the proposed floor plan of the homes in the development and was present to answer questions of the Council. .- Council requested that staff provide the recommendation of the Planning and Zoning Commission related to this item. 8 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 - 8. READING AND PUBLIC HEARING - Resolution R-04-2417 - Consideration of appointments to the Historical Preservation Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2417 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. The Council expressed appreciation to the applicants for their willingness to serve the City. Mayor Hocutt opened the floor for nominations for the first position. Mayor Hocutt nominated Lila Coley. There were no other nominations and Mayor Hocutt declared Ms. Coley appointed to the Historical Preservation Committee by acclamation. Mayor Hocutt opened the floor for nominations for the second position. Mayor Hocutt nominated Gerald Hartman, Jr. - There were no other nominations and Mayor Hocutt declared Mr. Hartman appointed to the Historical Preservation Committee by acclamation. Mayor Hocutt opened the floor for nominations for the third position. Mayor Hocutt nominated Molly Munson. Councilman Hendler nominated Kelly Lafarge. Mayor Hocutt called for the vote. Molly Munson: Kelly Lafarge: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Mayor Hocutt declared Ms. LaFarge appointed to the Historical Preservation Committee. Mayor Hocutt opened the floor for nominations for the fourth position. Councilman Skinner nominated Charles Hewitt. - There were no other nominations and Mayor Hocutt declared Mr. Hewitt appointed to the Historical Preservation Committee by acclamation. 9 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 Mayor Hocutt opened the floor for nominations for the fifth position. Councilman Dolan nominated Sharon O'Neil. Councilman Hendler nominated Richard Warner. Councilman Hart nominated Molly Munson. Mayor Hocutt called for the vote. Sharon O'Neil: Richard Warner: Molly Munson: Councilman Dolan Councilpersons Hendler and Mayor Pro Tem Ayers Council persons Skinner and Hart Mayor Hocutt stated that City Attorney Ross Foster advised that with a 2-2 tie vote and a one vote, the person with one vote should be dropped from consideration and a new vote should be taken considering the nominees with two votes. Richard Warner: Molly Munson: Councilpersons Hendler, Dolan and Mayor Pro Tem Ayers Council person Skinner and Hart Mayor Pro Tem Ayers moved to approve Resolution R-04-2417 with Lila Coley, Gerald Hartman, Jr., Kelly LaFarge, Charles Hewitt and Richard Warner appointed to the Historical Preservation Committee. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-04-2418 - Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields Mayor Hocutt opened the public hearing and read Resolution R-04-2418 in its entirety. Mr. Mark Bauer, spoke regarding registration, maintenance of the fields and expressed appreciation for use of the game fields for practice. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 10 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 Councilman Hendler requested that the fields not be used for a period of time to minimize damage to the fields. City Manager Bill Lindley commended Parks and Recreation Director Monica Walsh and staff for the maintenance of the fields. Mayor Pro Tem Ayers moved to approve Resolution R-04-2418. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-04-2419 - Approval of a Waiver for the Colleyville Baseball Association (CBA) for use of the Colleyville City Park game fields Mayor Hocutt opened the public hearing and read Resolution R-04-2419 in its entirety. .- There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-04-2419. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Councilman Hendler expressed appreciation to the Baseball Association for helping at the Colleyville Heritage High School area for Pee Wee Football. Mayor Hocutt recessed the meeting at 10:32 p.m. and reconvened at 10:41 p.m. 11. READING AND PUBLIC HEARING - Resolution R-04-2420 - Approval of a Minor Plat of Lot 1, Block 1, KISD Addition, 13.37 acres located at the southeast corner of Precinct Line Road and McDonwell School Road, Case P-03-033 11 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2420 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 proposed Minor Plat and information regarding a cost sharing agreement between the Keller Independent School District (KISD) and the City for road improvements. Discussion ensued regarding the design and alignment of McDonwell School Road and traffic flow. Mr. Dean Stuller of Innovative Transportation Solutions, Inc., 2701 Valley View Lane, Farmers Branch, Texas, provided information regarding the alignment of McDonwell School Road and traffic flow. Mr. Mark Canterbury of KISD, spoke regarding demographics of the area, number of students, bus entry, stacking lane, school schedule and was present to answer questions of the Council. - Public Works Director Keith Fisher provided a summary of the estimated cost allocation between KISD, Via Colleyville and the City for the road improvements and stated that the City will manage the project. Mr. Tom Rutledge of Teague, Nail and Perkins, 1100 Maken, Fort Worth, Texas, stated that the utilities located on school property will be underground but it has not been determined that the perimeter utilities will be underground. Mayor Pro Tem Ayers moved to approve Resolution R-04-2420. Councilman Hendler seconded the motion. Councilman Skinner made a friendly amendment to flattening out the top portion of that property at the beginning point of L3, L2 and L 1 and running back toward the east. Councilman Hendler and Mayor Pro Tem Ayers accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 12 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 12. READING AND PUBLIC HEARING - Resolution R-04-2421 - Approval of a bid award for dental insurance to MetLife and health insurance renewal to United Healthcare Mayor Hocutt opened the public hearing and read Resolution R-04-2421 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-04-2421, and expressed appreciation to the benefit committee for their hard work and to the Council for their recommendation to change the benefit calendar year, during last years budget workshop, to coordinate the renewal period with the budget year. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. City Manager Bill Lindley, on behalf of the employees, expressed gratitude to the Council for providing the benefits program. 13. READING AND PUBLIC HEARING - Resolution R-04-2422 - Approval of purchasing two (2) 2005 Ford Crown Victoria police vehicles and one (1) 2005 Ford Expedition police vehicle, from Philpott Motor Company, through the H- GAC's Cooperative Purchasing Program, Bid Number VE-10-03, in the amount of $64,400.14 Mayor Hocutt opened the public hearing and read Resolution R-04-2422 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-04-2422. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 13 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 TABLED ITEMS: 14. 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 Pro Tem Ayers moved to remove this item from the table. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1467. Mr. Rick Bohech, 4609 Clearwater Court, spoke in favor of the proposed ordinance. 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 proposed zoning change. Discussion ensued regarding potential uses of the property, the quality of the proposed development, impact to the economic development of the City and height restrictions. Mr. Kent Roberts, Dallas, Texas, developer, spoke regarding front elevations, maximum height of homes, timeline of project, underground utilities, mailboxes, street lights, signs, screening wall and answered questions of the Council. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1467. Councilman Hart seconded the motion. Mayor Hocutt made a friendly amendment to include: 90% of the total exterior of all residences will be masonry, utilities will be buried underground and decorative signs, light poles and mailboxes will be installed. Councilman Hart and Mayor Pro Tem Ayers accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 14 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 - Mayor Hocutt declared the motion carried. 15. 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 Councilman Dolan moved to remove this item from the table. The motion died for lack of a second. 16. 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. REPORTS: 17. COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MINUTES - May 10, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - June 7, 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - July 12, 2004 There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 17, 2004 - Reading and Public Hearing - Resolution R-04-2423 This item was not needed. 15 CITY COUNCIL MEETING MINUTES AUGUST 17, 2004 - ADJOURNMENT: 20. 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 11 :36 p.m. APPROVED THIS ,-14 DAY OF~ 2004, BY A VOTE OF .s AYES, 0 NAYS AND D ABSTENTIONS. 16