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HomeMy WebLinkAboutCity Council-Minutes-9/7/2004 city Of Ie TexaS AGENDA CITY COUNCIL MEETING 100 MAIN STREET SEPTEMBER 7, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1 Discussion of burying planned extension of power lines by Oncor along portions of Pleasant Run Road and John McCain Road PC-2. Update of Intersection Projects PC-3. Discussion of setting dates for review and discussion of the proposed Master Plan update PC-4. Establishing date(s) and time(s) for City Council Capital Improvement Program Worksession(s) PC-5. Update of Colleyville Town Center and The Villages at Colleyville projects and Economic Development Initiatives PC-6. Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-7. Discussion of September 7,2004 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 MAIN STREETCOLLEYVILLE, 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. 551.074- INVOCATION: 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 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 Pending Litigation - Helen Boyce Proposed Lease of Property - 5100 Colleyville Boulevard Property Acquisition - Fire Station 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 Reverend Carter Foster, Colleyville Christian Fellowship 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 PLAQUES - PROCLAMATION - PROCLAMATION - In recognition of service on the Historical Preservation Committee - Ms. Shirley Schollmeyer and Ms. Molly Munson In recognition of "Family Day - A Day to Eat Dinner with your Children" - Charles Woods, The Courier In recognition of "Colleyville Citizens and Neighbors" and Dennis Johnson and Nelson Thibodeaux for their efforts in the acquisition of a vehicle for the Colleyville Heritage High School Resource Officer CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2424 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 17, 2004 b. Approval of minutes of City Council Worksession of August 6, 2004 c. Approval of minutes of the Joint City Council and Planning and Zoning Commission Worksession of August 9, 2004 d. Approval of minutes of City Council Worksession of August 11, 2004 e. Approval of the 2005 City Council Work Initiatives f. Approval of the annual review of the City's Investment Policy g. Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program PUBLIC HEARINGS: 4. SECOND 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 5. SECOND 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 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1477 - Approval of a Zoning Change from R20 to CN on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace, Case Z-04-028 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1478 - Adoption of the proposed Fiscal Year 2004-2005 Budget 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1479- Adoption of the Ad Valorem Tax Rate for Fiscal Year 2004-2005 v9'vl9' ~l ~$ paa::>xa OJ JOU Junowe ue U! '"::>UI 'sa::>!AJas ade::>spuel s,lIauuoO,O OJ peJJuoJ a::>ueuaJu!eV\l spunoJ8 aJnJln::>!JJoH atH 5U!MaUaJ JO leAoJddv - ~f:vl-vO-~ UO!Jnlosa~ - ~NI~'9'3H :>l1snd aN'9' ~Nla'9'3~ 'L~ L9'vf:V'9f:~$ paa::>xa OJ JOu Junowe ue U! "::>UI 'sa::>!AJas ade::>spuel s,lIauuoo.O OJ 5U!MOV\l peJJu08 a::>ueuaJu!eV\l spunoJ8 5U!MaUaJ JO leAoJddv - Of:vl-vO-~ UO!Jnlosa~ - ~NI~'9'3H :>l1snd aN'9' ~Nla'9'3~ '9~ 009' ~f: ~$ paa::>xa oJ JOu Junowe ue U! 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READING AND PUBLIC HEARING - Resolution R-04-2432 - Authorization to execute an Electric Supply Agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc., for deliveries of electricity effective January 1 , 2005 TABLED ITEMS: 19. 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 20. CONSIDERATION OF 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 21. CONSIDERATION OF 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 22. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall REPORTS: 23. PLANNING AND ZONING COMMISSION MINUTES - June 28, 2004 PLANNING AND ZONING COMMISSION MINUTES - July 12, 2004 COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MINUTES - May 10, 2004 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - May 24, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - July 13, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - July 19, 2004 CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 7, 2004- Reading and Public Hearing - Resolution R-04-2433 ADJOURNMENT: 26. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 3, 2004, at 5:00 p.m. CYn~gleto~. 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 SEPTEMBER 7, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on September 7,2004, at 5:19 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tern Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Acting Police Chief Rodney Cunningham, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Finance Director Terry Leake, Director of Public Works Keith Fisher, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, and City Secretary Cynthia Singleton were also present. PC-1 Discussion of burying planned extension of power lines by Oncor along portions of Pleasant Run Road and John McCain Road Mr. Steve Johnson, Area Manager, Oncor (Texas Electric Delivery), provided an overview of costs related to burying utility lines and answered questions of the Council. City Manager Bill Lindley provided information related to funding sources. PC-2. Update of Intersection Projects Public Works Director Keith Fisher provided an update of intersection projects and answered questions of the Council. PC-3. 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-4. Establishing date(s) and time(s) for City Council Capital Improvement Program Worksession(s) CITY COUNCIL MINUTES SEPTEMBER 7, 2004 - Council determined that a Capital Improvement Program Worksession would be held September 13, 2004 at 6:00 p.m. in the Executive Conference Room. PC-5. Update of Colleyville Town Center and The Villages at Colleyville projects and Economic Development Initiatives Economic Development Manager Scott Welmaker introduced Mr. Jimmie Archie of the Villages at Colleyville development. Mr. Archie provided an update of existing and future businesses within the development. Council requested that an economic development update be provided on a monthly basis. PC-6. Colleyville Economic Development Corporation Annual Report The meeting was adjourned prior to this item being discussed. PC-7. Discussion of September 7,2004 City Council regular agenda items j"- The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 7:03 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on September 7,2004, at 7:06 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tern 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, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Colleyville Center Manager Lin Przybyl, Financial Analyst Kacey Bess, Assistant to the City Manager Stephen Seidel, Communications Manager Dixie Cawthorne, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. - 2 CITY COUNCIL MINUTES - SEPTEMBER 7,2004 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. 551.074- --- 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 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 Pending Litigation - Helen Boyce Proposed Lease of Property - 5100 Colleyville Boulevard Property Acquisition - Fire Station 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 7:08 p.m. and reconvened at 8:07 p.m. The invocation was given by Reverend Carter Foster of Colleyville Christian Fellowship 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 expressed appreciation to the Board, Commission and Committee members for their service to the City and for attending the first annual Board, Commission and Committee Appreciation Reception held in their honor on August 26, 2004. Mayor Hocutt also thanked staff for a job well done in coordinating the event. 3 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 .- Mayor Hocutt announced that the City's Standard and Poor's credit rating for the City's municipal drainage utility bonds was upgraded to AA- based on financial stability and fiscal management of the City's finances and expressed appreciation to staff for working hard to upgrade the credit rating. Mayor Hocutt invited everyone to attend a public meeting to discuss the Glade Road and Heritage Road intersection improvements on September 22, 2004, at 6:30 p.m. at the Colleyville Center. Mayor Hocutt recognized Ms. Shirley Schollmeyer and Ms. Molly Munson for their service on the Historical Preservation Committee. Mayor Hocutt presented a Proclamation to Mr. Charles Woods of The Courier in recognition of "Family Day - A Day to Eat Dinner with your Children". Mayor Hocutt presented a Proclamation to "Colleyville Citizens and Neighbors" and Dennis Johnson and Nelson Thibodeaux in recognition of their efforts in the acquisition of a vehicle for the Colleyville Heritage High School Resource Officer. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2424 - Consent Items: a. Approval of minutes of the regular City Council meeting of August 17, 2004 b. Approval of minutes of City Council Worksession of August 6, 2004 c. Approval of minutes of the Joint City Council and Planning and Zoning Commission Worksession of August 9, 2004 d. Approval of minutes of City Council Worksession of August 11,2004 e. Approval of the 2005 City Council Work Initiatives f. Approval of the annual review of the City's Investment Policy g. Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program Mayor Hocutt opened the public hearing and read Resolution R-04-2424 in its entirety. There was no one present wishing to speak and Mayor Hocutt closed the public hearing. 4 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 - Councilman Dolan requested that Item e be removed from the Consent agenda and distributed a list of additional City Council Work Initiatives. Councilman Skinner moved to approve Resolution R-04-2424, with the deletion of Item e. Mayor Pro Tern Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND 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 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1475. - The applicant requested that this item be tabled. Mr. AI Silverberg, 7205 Thames Trail, spoke regarding past and future developments in Colleyville. Ms. Elizabeth Battles, 101 John McCain Road, spoke regarding the proposed zoning and requested that the following items be included in the ordinance if zoned PUD-R: (1) eight to ten foot wrought iron fence along the property to be built entirely on the lot of the current 103 John McCain Road; (2) include with fence, trees and shrubbery for privacy for our lot and for the proposed four lots; (3) Mr. Bagwell has agreed to allow us to have our own representatives present when they discuss drainage issues, at his expense, so that we can be assured that the drainage will be engineered correctly and to ensure the drainage improvements such as swales be permanent, not to be altered by the developers, builders or homeowners; and, (4) allow for a 10 foot green belt between the fence and start of the 25 foot building line. Ms. Battles also spoke regarding a fence and proposed timeline for fence installation. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to table Ordinance 0-04-1475. Councilman Hart seconded the motion. 5 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND 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, provided an amendment to the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Larry Cole, 400 Country Place, applicant, spoke regarding the proposed amendment as presented by Mr. Crenshaw and was present to answer questions of the Council. ,- Councilman Skinner moved to approve Ordinance 0-04-1476, with the amendment to Paragraph 5a: Dwelling units constructed on lots that abut Bridlewood Estates Subdivision, which contain a second story, shall be restricted to single story structures on the rear portion of the house. Any two-story portion of the house shall be on the front roof pitch only with all upstairs windows facing to the front only. A single window above the stairs, if stairs are located on the side of the house, will be the only exception. This window would be located under roof peak area. Rear roof pitch must extend from the rear of the house forward to at least centerline of house. The maximum roof peak of any house constructed shall be 32 feet. Councilman Dolan seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1477 - Approval of a Zoning Change from R20 to CN on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace, Case Z-04-028 6 CITY COUNCIL MINUTES SEPTEMBER 7,2004 - Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1477. 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 zoning change. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1478 - Adoption of the proposed Fiscal Year 2004-2005 Budget Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1478. Mr. John Orrell, 7008 Whippoorwill Court, spoke regarding the services provided to the City by the Colleyville Area Chamber of Commerce and provided an overview of the benefits of being a member of the Chamber. Mr. Richard Newton, 1208 Holly Lane, spoke regarding Dallas Morning News articles related to the budget, the City Manager's budget message and regarding a sustainable budget. "- Mr. Brad Rice, 2707 Meadowview Drive, spoke regarding funding for the Colleyville Area Chamber of Commerce and membership services provided by the Chamber and in favor of the City supporting the Chamber. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Finance Director Terry Leake provided an overview of the FY 2004-2005 budget. Mayor Hocutt commended Terry Leake for winning the Excellence award from Government Finance Officer's Association (GFOA). Mayor Pro Tern Ayers stated that the Council approved the purchase of $110,000 for an asphalt patching vehicle and an additional $45,000 for sealing equipment to maintain long term viability of the streets and commended the Council for their efforts to provide better streets in the future for Colleyville. Discussion ensued regarding street improvement equipment, contracting street repair service, productivity of the street repair crew and the life expectancy of the equipment. 7 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 Mayor Hocutt commended staff for developing a budget, which maintained the tax rate, increased road maintenance, provided a compensation adjustment and increased library funding with no significant departmental cuts and spoke regarding a sustainable budget. Discussion ensued regarding engineering department personnel. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1479- Adoption of the Ad Valorem Tax Rate for Fiscal Year 2004-2005 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1479. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1480- Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1480. - There was no one wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1481 - Adopting the Colleyville Economic Development Corporation Fiscal Year 2005 Budget Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1481. There was no one wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 11. READING AND PUBLIC HEARING - Resolution R-04-2425 - Approval of the Economic Development Capital Improvement Program (FY2005-2009) for the Colleyville Economic Development Corporation Mayor Hocutt opened the public hearing and read Resolution R-04-2425 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8 CITY COUNCIL MINUTES SEPTEMBER 7,2004 Mayor Pro Tern Ayers moved to approve Resolution R-04-2425. Councilman Skinner seconded the motion. Councilman Dolan stated that the Colleyville Economic Development Corporation Board of Directors requested a meeting in November to further review the projects and requested that the vote on this item be delayed. Councilman Hendler stated he was out of the country and was unable to attend the Colleyville Economic Development Corporation meeting and requested that the vote on this item be delayed to allow further review of the projects and funding sources. Mayor Pro Tern Ayers stated that this is an economic development capital improvement plan and can be revised as necessary and it is appropriate to approve the current plan. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: Councilman Hendler Mayor Hocutt declared the motion carried. .- 12. READING AND PUBLIC HEARING - Resolution R-04-2426 - Approval of an Interlocal License Agreement with Grapevine-Colleyville Independent School District (GCISD) concerning the use of Colleyville Heritage High School (CHHS) athletic fields Mayor Hocutt opened the public hearing and read Resolution R-04-2426 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Parks and Recreation Director Monica Walsh provided an overview of the Interlocal License Agreement and maintenance of the facility and answered questions of the Council. Discussion ensued regarding the practice facility needs for youth sports associations, lighting of the athletic fields, use of the fields by soccer, baseball and football sports associations, utility costs and field maintenance. City Manager Bill Lindley provided information regarding the costs associated with lighting the fields. Mayor Pro Tern Ayers moved to approve Resolution R-04-2426. -- 9 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 Councilman Hendler seconded the motion. Discussion continued regarding the need and availability and costs associated with providing athletic practice fields for youth sports associations. Mayor Pro Tem Ayers moved to call the question. Councilman Hendler seconded the motion. Ayes: Councilpersons Hendler, Hart, Dolan and Mayor Pro Tern Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. Ayes: Councilpersons, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. - Mayor Hocutt expressed appreciation to the Grapevine-Colleyville Independent School District Board of Directors for their cooperative effort to meet the needs of the Colleyville youth sports associations. 13. READING AND PUBLIC HEARING - Resolution R-04-2427 - Approval of funding for lighting the Colleyville Heritage High School (CHHS) athletic fields through the Texas Local Government Purchasing Cooperative (BuyBoard) with Musco Sports Lighting, LLC, in an amount not to exceed $101,499 Mayor Hocutt opened the public hearing and read Resolution R-04-2427 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in opposition to the proposed Resolution. Mr. Joe Deupree, 5101 Montclair, spoke in opposition to the proposed Resolution. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke regarding the Colleyville Economic Development Corporation budget, the City budget and in favor of the proposed Resolution. - Mr. Jerry Birkes, 1301 Ashford Court, Colleyville Youth Football Association representative, expressed appreciation to the Grapevine-Colleyville Independent School District Board of Directors for the use the Colleyville Heritage High School athletic fields and spoke regarding the need for practice facilities and in favor of the proposed Resolution. 10 CITY COUNCIL MINUTES SEPTEMBER 7,2004 ,- Councilman Hendler seconded the motion. Discussion continued regarding the need and availability and costs associated with providing athletic practice fields for youth sports associations. Mayor Pro Tem Ayers moved to call the question. Councilman Hendler seconded the motion. Ayes: Councilpersons Hendler, Hart, Dolan and Mayor Pro Tern Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. Ayes: Councilpersons, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. ..- Mayor Hocutt expressed appreciation to the Grapevine-Colleyville Independent School District Board of Directors for their cooperative effort to meet the needs of the Colleyville youth sports associations. 13. READING AND PUBLIC HEARING - Resolution R-04-2427 - Approval of funding for lighting the Colleyville Heritage High School (CHHS) athletic fields through the Texas Local Government Purchasing Cooperative (BuyBoard) with Musco Sports Lighting, LLC, in an amount not to exceed $101,499 Mayor Hocutt opened the public hearing and read Resolution R-04-2427 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in opposition to the proposed Resolution. Mr. Joe Deupree, 5101 Montclair, spoke in opposition to the proposed Resolution. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke regarding the Colleyville Economic Development Corporation budget, the City budget and in favor of the proposed Resolution. ."'~ Mr. Jerry Birkes, 1301 Ashford Court, Colleyville Youth Football Association representative, expressed appreciation to the Grapevine-Colleyville Independent School District Board of Directors for the use the Colleyville Heritage High School athletic fields and spoke regarding the need for practice facilities and in favor of the proposed Resolution. 10 ,,"- - "'...- CITY COUNCIL MINUTES SEPTEMBER 7, 2004 Ms. Kathy Hadley, 204 Timberline North, spoke regarding youth sports practice facilities and in opposition to the proposed Resolution. Ms. Valerie Skinner, 4100 Oxford Court, spoke in opposition to the proposed Resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt stated for the record, "We keep talking about the people that don't live in Colleyville, and what do they participate to our Parks and Recreation and this goes for all of our associations and I've brought this up to all of the parks. If you look at what our average home will pay in Colleyville this year for city taxes, it is $1123.42. Of that each and every household in Colleyville will contribute $180.00 to our parks and recreation. That doesn't count the Community Center, that doesn't count the Library, that's just our parks and recreation department. You want to take that down to just the parks and it's about $106.00. I think we need to look at our fee structure. I applaud the fact that GCISD lets us use their stuff, and we've got kids from Grapevine participating because they are going to be competing at the junior varsity and varsity level and I think that's great. But to offset some of these costs we could look at some things in terms of our fee structure. One, we've got fees, if you participate in any sport, we've got a $5.00 fee. I think if you live outside the City but you are still in GCISD, why not double it to ten dollars. But you know what, if you don't go to our schools and you don't live in our city why don't we charge you what the average homeowners pay for those parks and recreation. Why don't you pay a fee of $100 or $110 dollars per season to participate in our sports? You should at least come to this City to match what the homeowners pay in this community to have good parks systems. And it needs to be brought up. I can tell you that if this has been discussed at a sports association meeting, I haven't been invited to the meeting. I can tell you that if this was discussed at the Parks Board meeting, I wasn't invited. To where these plans have been discussed in detail because there are several options that we can review and look at, we've got the soccer complex at Pleasant Run, and again I think that we can do that short term. We've got the Sneed property and a piece of property that we haven't even mentioned; there's a piece of property just west of the football practice fields now, right at Pleasant Run that's a baseball field, that's about the size of a football field and the turfs in just as good of condition as Heritage High School and we don't utilize it. Why don't we put lights out there, it's in the City of Colleyville. I had a father approach me at the football game and he said what's going on with football? I had to have one of my sons quit the sport of football because you were practicing at two locations. I was told that we had to maintain the current location at Colleyville Middle School, if not, the school district would take it back. I said that's not true. I've never heard that from the school district or from the City. But he wanted to coach his older son and he has to go over to the high school to coach his older son. So his younger son was told that he could not participate in football. And that's a shame. And we've got ample space right there at the middle 11 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 school that you could put up lights and it would be within the city limits. The other thing that no one even mentioned is economic development. It may not be much but I guarantee, you go sit at the Sonic or the Burger King on Hall Johnson or the Whataburger on Glade. You see those football parents that are grabbing a quick bite to eat because they're not getting a supper at home, they are having a quick bite to eat before practice and then they are having the quick snack on the way home. So there are a lot of solutions out there that we can look at. We've not taken an aggressive approach in solving this problem. We've not approached this problem with vision. What we've done is knee jerk and moved forward because we had a squeaky wheel. And if it's been going on this long, I don't know why we haven't taken and solved this problem." Mayor Pro Tem Ayers moved to suspend the rules to allow citizens to speak. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. - Mr. Jerry Birkes, 1301 Ashford Court, Colleyville Football Association, spoke regarding the status of the Colleyville Heritage High School athletic fields and answered questions of the Council. Councilman Hendler stated for the record, "I just wanted to state for the record, the Sneed property origin and how baseball and softball came to use that site. If you wanted to go back through the Pleasant Run Park Master Plan committee that I served on and how we worked through who would use that. Also, how the original master plan at Pleasant Run included baseball, football, and soccer facilities and how baseball and softball opted out of there. And basically was then chosen by the committee to be a part of the Sneed property. The record would show a little different than what you stated in your opening comments. For brevity, I'm ready to move off of the subject. I hope that you know Mr. Birkes, that I am a supporter and proponent and I don't think that there has been any comments or Council interactions that have been negative. We are trying to support our youth. We have had some discussions with some of your directors about the positive impact that football has on kids and families. I am not pleased with some of the comments about dinners with your kids. You look at the facts of how parents, how the coaches and how families that have kids in athletics do better than kids that possibly aren't in athletics and the facts will speak for themselves. I'm proud of what you guys are doing and I'm proud to support you." "...- Mr. Steve House, 3028 Mountainview Court, Grapevine, Colleyville Youth Football Association President, was present to answer questions of the Council. 12 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 ..- Mayor Pro Tern Ayers moved to approve Resolution R-04-2427. Councilman Dolan seconded the motion. By acclamation, Council opened the public hearing to allow citizens to speak. Ms. Kathy Hadley 204 Timberline, speaking on behalf of her mother, Julia White, spoke in opposition to the proposed Resolution and regarding sports associations participating in the cost of providing practice athletic fields. Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Skinner Mayor Hocutt declared the motion carried. Mayor Hocutt recessed the meeting at 11 :28 p.m. and reconvened at 11 :40 p.m. 14. READING AND PUBLIC HEARING - Resolution R-04-2428 - Approval of Historical Preservation Committee goals for FY2005 ,..-. Mayor Hocutt opened the public hearing and read Resolution R-04-2428 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Joe Deupree, 5101 Montclair Drive, spoke regarding historically themed parks and answered questions of the Council. Councilman Dolan moved to approve Resolution R-04-2428. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-04-2429 - Approval of a Contract for Architectural Design Services with Brinkley Sargent Architects for the Colleyville Senior Center, in an amount not to exceed $131,500 13 CITY COUNCIL MINUTES SEPTEMBER 7,2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2429 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley provided information related to the funding and design of the senior center. Discussion ensued regarding the ability of Council to control the fees dependent upon the design chosen. Councilman Skinner moved to approve Resolution R-04-2429. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: Councilman Hendler Mayor Hocutt declared the motion carried. ,",,'- 16. READING AND PUBLIC HEARING - Resolution R-04-2430 - Approval of renewing Grounds Maintenance Contract Mowing to O'Donnell's Landscape Services, Inc., in an amount not to exceed $135,434.57 Mayor Hocutt opened the public hearing and read Resolution R-04-2430 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-04-2430. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-04-2431 - Approval of renewing the Horticulture Grounds Maintenance Contract to O'Donnell's Landscape Services, Inc., in an amount not to exceed $121,524.64 Mayor Hocutt opened the public hearing and read Resolution R-04-2431 in its entirety. 14 CITY COUNCIL MINUTES SEPTEMBER 7,2004 .- There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the scope of services provided by City staff and O'Donnell's Landscape Services, Inc. Councilman Dolan moved to approve Resolution R-04-2431. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt stated that it is past midnight and in accordance with Council's Rules and Procedures called for a vote on whether to continue the meeting. Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tern Ayers Nays: Councilperson Dolan Mayor Hocutt declared the motion approved. 18. READING AND PUBLIC HEARING - Resolution R-04-2432 - Authorization to execute an Electric Supply Agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc., for deliveries of electricity effective January 1, 2005 Mayor Hocutt opened the public hearing and read Resolution R-04-2432 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-04-2432. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. - 15 CITY COUNCIL MINUTES SEPTEMBER 7,2004 TABLED ITEMS: 19. 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. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1468. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. - Councilman Dolan requested that the following change be made to Ordinance 0-03- 1436, Section 2 a(1): It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the operation of bicycles or on a sidewalk or when accompanied by a parent. Discussion ensued regarding the safety of children while riding motor assisted scooters on the streets. Acting Police Chief Rodney Cunningham provided information regarding the enforcement of the proposed ordinance. Mayor Pro Tem Ayers moved to table Ordinance 0-04-1468. Councilman Hart seconded the motion. Ayes: Councilpersons Dolan, Skinner, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. - 20. CONSIDERATION OF 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 16 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 ,- Mayor Pro Tem Ayers moved to remove this item from the table. Councilman Hart 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 0-04-1473. There were no other present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding point of sale and point of delivery tax laws regarding sales tax. Mr. Joseph Gordon provided an overview of a new proposed site plan and signage. Discussion ensued regarding the uniformity of signage. ,- Mr. Joe Hickman, Blue Star Land Company, spoke regarding the square footage of the self storage areas and showrooms. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1473, with the following amendments: Section 2. 2a2. The total square footage of office-showroom space shall be unlimited; Section 9c. Outside storage shall be prohibited within this Planned Unit Development; Section 2.9b. All commercial advertising sign age shall be uniform in size, color and method of construction and be contained within a rectangle no more than four feet in height and twelve feet in width on all buildings. Mayor Hocutt made a friendly amendment to move the outside storage limitations to Section 2c under other prohibited uses and add to Section 6b. gate access is limited to 7:00 a.m. to 7:00 p.m. Mayor Pro Tem Ayers accepted the friendly amendments. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: Councilman Hendler Mayor Hocutt declared the motion carried. 17 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 ,,- 21. CONSIDERATION OF 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 This item remain tabled. 22. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall Councilman Hart moved to remove this item from the table. Mayor Pro Tem Ayers 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 Resolution R-04-2394 in its entirety. Mr. Jeffrey Wall, 7900 Jefferson Circle, spoke regarding the previous City Council discussions regarding this item and requested that the Council consider this item. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to table Resolution R-04-2394. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. ,- REPORTS: 23. PLANNING AND ZONING COMMISSION MINUTES - June 28, 2004 PLANNING AND ZONING COMMISSION MINUTES - July 12, 2004 COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MINUTES - May 10, 2004 COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - May 24, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - July 13, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - July 19, 2004 18 CITY COUNCIL MINUTES SEPTEMBER 7, 2004 "- There was no action taken on this item. CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. AI Silverberg, 7205 Thames Trail, spoke regarding the development of John McCain and SH26, expressed appreciation to Council for their concern for citizens and in opposition to Ordinance 0-04-1475. ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 7, 2004 - Reading and Public Hearing - Resolution R-04-2433 This item was not needed. .- ADJOURNMENT: 26. 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 Tern Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 1 :08 a.m. APPROVED THIS ~/.u- DAY OF~004, BY A VOTE OF 6' AYES, 0 NAYS AND t:) ABSTENTIONS. _. Minutes taken a~~ ~ , &0~. L'-~ ~nth~ Singleton, TRM City Secretary 19