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HomeMy WebLinkAboutCity Council-Minutes-9/21/2004 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET SEPTEMBER 21, 2004 5:15 P.M. - PRE-COUNCIL AGENDA 5:55 P.M. - PLANNING AND ZONING COMMISSION - ZONING BOARD OF ADJUSTMENT AND METROPORT TEEN COURT ADVISORY BOARD APPLICANT INTERVIEWS PC-1. Discussion of burying planned extension of power lines by Oncor (TXU Delivery) along portions of Pleasant Run Road and John McCain Road PC-2. Discussion of scheduling the first meeting in November related to the Presidential election PC-3. Presentation of Monthly Financial Report - August 2004 PC-4. Establishing date(s) and time(s) for City Council Capital Improvement Program Worksession(s) PC-5. Discussion of September 21 , 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 STREET COLLEYVILLE, 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. 551.074- Sec. 551.074- INVOCATION: 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 City Attorney Compensation Personnel - City Manager's Performance Evaluation 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 PRESENTATION - Austrian Pine to be located in a public park in the Villages at Colleyville for Celebrate Colleyville 2004 for the purpose of lighting of the Holiday Tree - Mr. David Bagwell CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2434 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 7, 2004 b. Approval of minutes of the Joint City Council and Grapevine-Colleyville Independent School District meeting of August 18, 2004 c. Approval of a Minor Plat of Sneed Addition, 5.42 acres located at 709 W. L.D. Lockett Road, Case P-04-033 d. Approval of the Interlocal Agreement renewal and funding for the Metroport Teen Court program e. Renewal of the Interlocal Agreement with the City of Southlake, Texas for Geographic Information System (GIS) services f. Approval of the FY2004-2005 City Council Work Initiatives g. Approval of the TXU Electric Delivery Street Lighting Service Agreement PUBLIC HEARINGS: 4. SECOND 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 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1478 - Adoption of the proposed Fiscal Year 2004-2005 Budget 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1479 - Adoption of the Ad Valorem Tax Rate for Fiscal Year 2004-2005 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1480 - Amending Ordinance 0-92-880 setting fees and charges for City services and facilities 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1481 - Adopting the Colleyville Economic Development Corporation Fiscal Year 2005 Budget 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1482 - Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04-029 10. READING AND PUBLIC HEARING - Resolution R-04-2435 - Consideration of appointments to the Planning and Zoning Commission 11. READING AND PUBLIC HEARING - Resolution R-04-2436 - Consideration of appointments to the Zoning Board of Adjustment 12. READING AND PUBLIC HEARING - Resolution R-04-2437 - Consideration of appointments to the Metroport Teen Court Advisory Board 13. READING AND PUBLIC HEARING - Resolution R-04-2438 - Approval of naming the new baseball/softball practice fields located at 709 L.D. Lockett Road, Reagan Park 14. READING AND PUBLIC HEARING - Resolution R-04-2439 - Approval of a Design Contract with Dannenbaum Engineering Corporation for the 5 million gallon ground storage tank and pump station, in the amount of $448,970 15. READING AND PUBLIC HEARING - Resolution R-04-2440 - Approval of a Design Contract with GSWW, Inc., for water transmission lines, in the amount of $172,000 16. READING AND PUBLIC HEARING - Resolution R-04-2441 - Approval of the City to proceed with an inquiry into the transmission and distribution rates charged by TXU Electric Delivery 17. READING AND PUBLIC HEARING - Resolution R-04-2442 - Approval of a Joint Use Agreement between W.H. Braum, Inc., and Retail Buildings, Inc., and the City of Colleyville for ingress and egress rights at Lot 3, Block 1 of Braum's/ Inland Addition 18. READING AND PUBLIC HEARING - Resolution R-04-2443 - Casting votes for electing members to the Texas Municipal League-Intergovernmental Risk Pool (Worker's Compensation, Property and Liability) (TML-IRP) Board of Trustees 19. READING AND PUBLIC HEARING - Resolution R-04-2444 - Approval of Comcast Cable Communications, formerly AT&T Broadband, Basic Cable Service, Equipment and Installation Rates 20. READING AND PUBLIC HEARING - Resolution R-04-2445 - Accepting a bid for the Central Fire Station, located at 1900 Hall Johnson Road submitted by Broughton Limited Partnership and authorizing the acquisition of approximately 2.65 acres from Bluebonnet Hills Memorial Park, Inc., for the purpose of a site for a new Central Fire Station, declaring expectation to reimburse the expenditure with proceeds of future debt and authorizing the Mayor to sign documents supporting the transaction 21. READING AND PUBLIC HEARING - Resolution R-04-2446 - Consideration of the appointment of three citizens to serve on the interview panel for the Police Chief 22. READING AND PUBLIC HEARING - Resolution R-04-2447 - To override the Mayor's veto of Resolution R-04-2426, approving an Interlocal License Agreement with Grapevine-Colleyville Independent School District (GCISD) concerning the use of Colleyville Heritage High School (CHHS) athletic fields 23. READING AND PUBLIC HEARING - Resolution R-04-2448 - To override the Mayor's veto of Resolution R-04-2427, approving the 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 TABLED ITEMS: 24. 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 25. 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 26. CONSIDERATION OF 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 27. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall REPORTS: 28. PLANNING AND ZONING COMMISSION MINUTES - July 26, 2004 PLANNING AND ZONING COMMISSION MINUTES - August 9, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - August 2, 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - August 9, 2004 CITIZEN COMMENTS: 29. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 30. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 21, 2004 - Reading and Public Hearing - Resolution R-04-2449 ADJOURNMENT: 31. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 17, 2004, at 5:00 p.m. ~ 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 CITY COUNCIL MEETING SEPTEMBER 21, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on September 21 , 2004, at 5:24 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Tom Hart were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Coordinator Clayton Husband, Finance Director Terry Leake, Director of Public Works Keith Fisher, Parks and Recreation Director Monica Walsh, Financial Analyst Kacey Bess, and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ayers arrived at 6:22 p.m. PC-1. Discussion of burying planned extension of power lines by Oncor (TXU Delivery) along portions of Pleasant Run Road and John McCain Road Mr. Steve Johnson, Oncor (Texas Electric Delivery), provided an overview of the planned extension of power lines along portions of Pleasant Run Road and John McCain Road and the associated costs. Discussion ensued regarding funding sources, project timeline, time horizons for future service demands and notification of homeowners in the area. It was determined that an Executive Planning Session with Council and Oncor (Texas Electric Delivery) personnel would be scheduled in the near future. PC-2. Discussion of scheduling the first meeting in November related to the Presidential election Council determined that the first City Council meeting in November will be held Wednesday, November 3, 2004, to facilitate citizens voting in the Presidential election on November 2, 2004. PC-3. Presentation of Monthly Financial Report - August 2004 CITY COUNCIL MINUTES SEPTEMBER 21,2004 - 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) Council determined that a City Council Capital Improvement Program Worksession would be held October 13, 2004, at 7:00 p.m. in the Executive Conference Room. PC-5. Discussion of September 21,2004, City Council regular agenda items Deputy City Manager Dianne McWethy provided an overview of the Joint Use Agreement between W.H. Braum, Inc., Retail Buildings, Inc., and the City for ingress and egress rights at Lot 3, Block 1 of Braum'sllnland Addition. Mr. Gordon Pulis, Real Estate Regional Director, Braum's Ice Cream and Dairy Store, provided information regarding parking and the location of the dumpster and menu board and was present to answer questions of the Council. Mayor Hocutt adjourned the meeting at 6:24 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on September 21,2004, at 7:00 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, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Fire Chief Mike Johnston, Acting Police Chief Rodney Cunningham, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Community Development Coordinator Clayton Husband, Parks and Recreation Director Monica Walsh, Colleyville Center Manager Lin Przybyl, 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 - 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 - 2 CITY COUNCIL MINUTES Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.074- SEPTEMBER 21, 2004 Environmental Conservation Organization (UECO"), 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 City Attorney Compensation 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 7:05 p.m. and reconvened at 7:59 p.m. The invocation was given by Reverend Dale Smith of Colleyville Presbyterian Church 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 read a Congressional Record, received from Representative Michael Burgess, recognizing the City of Colleyville as among the "Top Ten Suburbs of the Dallas-Fort Worth Area" by D Magazine. Mayor Hocutt announced that Deputy City Manager Dianne McWethy resigned her position and will be moving to Atlanta, Georgia. Mayor Hocutt commended Ms. McWethy for her dedication and service to the community, for serving as the Interim City Manager and invited everyone to attend a farewell reception honoring Ms. McWethy, October 1, 2004, 4:00 to 6:00 p.m. at the Colleyville Public Library. Mr. David Bagwell presented an Austrian Pine to be located in a public park in the Villages at Colleyville for Celebrate Colleyville 2004 and read a poem by John Greenleaf Whittier. 3 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 Mayor Hocutt expressed appreciation to Mr. David Bagwell for the donation of the Austrian Pine tree. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2434 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 7, 2004 b. Approval of minutes of the Joint City Council and Grapevine-Colleyville Independent School District meeting of August 18, 2004 c. Approval of a Minor Plat of Sneed Addition, 5.42 acres located at 709 W. L.D. Lockett Road, Case P-04-033 d. Approval of the Interlocal Agreement renewal and funding for the Metroport Teen Court program e. Renewal of the Interlocal Agreement with the City of Southlake, Texas for Geographic Information System (GIS) services f. Approval of the FY2004-2005 City Council Work Initiatives g. Approval of the TXU Electric Delivery Street Lighting Service Agreement Mayor Hocutt opened the public hearing and read Resolution R-04-2434 in its entirety. There was no one present wishing to speak and Mayor Hocutt closed the public hearing. Councilman Hendler expressed appreciation for the Metroport Teen Court Program and spoke regarding the progress of the program and the cooperative efforts between the program and the City. Mayor Hocutt moved to remove Item f from the Consent agenda. Councilman Dolan moved to approve Resolution R-04-2434, with the removal of item f and amendments to the regular City Council meeting of September 7, 2004 as follows: change Councilman Ayers to Mayor Pro Tem Ayers on page 5 and 7: add "for the City's municipal drainage utility bonds" to the first paragraph on page 4; add to the discussion on Item 15, "Discussion ensued regarding the ability of Council to control the fees dependent upon the design chosen". 4 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Pro Tem Ayers requested that items 22 and 23 and 9 be considered first. Councilman Dolan seconded the motion. Mayor Hocutt declared the motion approved by acclamation. Councilman Skinner requested that the order of items be changed to Items 23, 22 and 9. Mayor Hocutt declared the motion approved by acclamation. - PUBLIC HEARINGS: 4. SECOND 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 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. Councilman Skinner moved to approve Ordinance 0-04-1477. Councilman Hendler seconded the motion. 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 0-04-1478 - Adoption of the proposed Fiscal Year 2004-2005 Budget Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1478. - 5 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 ,- Mr. Richard Newton, 1208 Holly Lane, spoke regarding a sustainable budget and financial health of the City and regarding the City Manager's budget message. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding a sustainable budget. Councilman Dolan stated for the record, "I want the next year's street maintenance to be up to the $650,000 sustaining level. Tonight we have heard many comments about that and we know that we need to do that to keep our streets going. We have as a Council identified that we need a sustainable budget, that is one of our goals, and we need help from staff to identify sources of funds. City Manager Bill Lindley provided information regarding savings in the fund balance. Discussion ensued regarding proposed budget amendments. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1478. Councilman Skinner seconded the motion. .- Discussion ensued regarding citizen involvement in budget meetings and the broadcast of City Council Worksessions. Mayor Hocutt called for the vote to adopt the proposed Fiscal Year 2004-2005 Budget. Councilman Skinner: Aye Councilman Dolan: Aye Councilman Hendler: Aye Councilman Hart: Aye Mayor Pro Tem Ayers: Aye Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1478. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 6. SECOND 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 was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt called for the vote for approval of the Ad Valorem Tax Rate for Fiscal Year 2004-2005. Councilman Skinner: Aye Councilman Dolan: Aye Councilman Hendler: Aye Mayor Pro Tem Ayers: Aye Councilman Hart: Aye Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1479. Councilman Dolan seconded the motion. -- Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. SECOND 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 present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1480. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None -- Mayor Hocutt declared the motion carried. 7 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 8. SECOND 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 present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler stated that the $125,000 in the CEDC budget is for development of the park not for a McPherson Park Plan. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1481. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Council determined that the City Council meeting would be continued Tuesday, September 28, 2004, at 6:00 p.m. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1482 - Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04-029 The applicant requested additional time to make a presentation prior to the public hearing and the Council approved the request by acclamation. Mr. Dan Poremba, 1039 South Ogden Street, Denver, Colorado, applicant, provided an overview of the proposed development and information related to meetings with homeowner associations. Mr. Bennett Ratliff, The Ratliff Group, LLC, Coppell, Texas, provided an overview of the project. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1482. .- Mr. Norman Rice, 7205 Braemer Terrace, spoke regarding notification of meetings, SH26 and John McCain intersection traffic flow, number of gas stations in the area and the investment made by the developer and in opposition to the proposed ordinance. 8 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 Mr. Steve Magee, 6900 Shepherds Glen, spoke regarding meetings with the developers and in favor of the proposed ordinance. Mr. Keith Staudt, 7208 Belle Meade, spoke regarding meetings with developers and the quality of the project, projected sales tax revenue, Pebble Hill subdivision homeowner support and in favor of the proposed ordinance Mr. Sam Noel, 7401 Braemar, spoke regarding meetings with the proposed development applicants and in opposition to the proposed ordinance. Mr. Kipp Whitman, 3930 Glade Road, commended Dianne McWethy for her service to the City and spoke regarding auto related businesses and similar projects in other cities and in opposition to the proposed ordinance. Ms. Amy Larson, 2003 Saspian Lane, spoke regarding access to the high school and in opposition to the proposed ordinance. Ms. Dana Feldman, 2204 Danbury Drive, spoke regarding potential sales tax revenue from the proposed development in opposition to the proposed ordinance. Mr. Bob Matzen, 1504 Tennison, spoke in opposition to the proposed ordinance. .-. Mr. AI Silverberg, 7204 Thames Trail, spoke regarding the quality of life in the City of Colleyville and in opposition to the proposed ordinance. Ms. Amy Boone, 1809 Prince Meadow, spoke regarding the development of SH26 and in opposition to the proposed ordinance. Mr. Brent Johnson, 7209 Belle Meade, spoke in favor of the proposed ordinance. Ms. Lisa Kenney, 7300 Balmoral Drive, spoke regarding the future development of the entryway to the community and in opposition to the proposed ordinance. Ms. Janice Cole, 103 Van Buren Court, speaking on behalf of her husband and neighbors residing at 100,101,102,104,105 and 106 Van Buren Court, read an email previously sent to the Councilmembers, which outlined reasons for opposing the proposed ordinance and spoke regarding pollutants and traffic flow. Mr. George Dodson, 7309 Balmoral Drive, spoke regarding the number of gasoline and tire stores in the area, sales tax revenue and in opposition to the proposed ordinance. Mr. Tony Hampton, 2200 Danielle, spoke regarding noise abatements, previous comments of the Council regarding this development and in opposition to the proposed ordinance. 9 CITY COUNCIL MINUTES SEPTEMBER 21,2004 -- Mr. Urmesh Shal, 7305 Braemer, spoke in opposition to the proposed ordinance. Mr. Whitney Stack, 6615 Sapphire, President of Sapphire Enclave Homeowner's Association, spoke regarding sales tax revenue and in opposition to he proposed ordinance. Mr. Dennis Roe, 6800 Milton Drive, spoke regarding employment opportunities, sales tax revenue and in favor of the proposed ordinance. Ms. Karen Denton, 6623 Sapphire Circle and Ms. Noreen Houston, 1408 Douglas Avenue, spoke regarding public awareness of the proposed project, formulation of a petition, commercial development, number of auto services and in opposition to the proposed ordinance. Mr. Peter Streit, 7000 Gladwyne Court, spoke regarding potential investment in the City, meetings with the developers, future development of SH26 and in favor of the proposed ordinance. Mr. Kevin Wall, 7209 Thames Trail, spoke regarding potential environmental issues associated with the development and in opposition to the proposed ordinance. - Mayor Hocutt read a letter from Ms. Ginny Tigue, which stated opposition to the proposed ordinance. Mayor Hocutt read a letter from Mr. Chris Chapman, which stated opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt called for a vote on whether to continue the meeting past midnight. Ayes: Councilman Hart and Mayor Pro Tem Ayers Nays: Councilpersons Skinner, Dolan and Hendler Mayor Hocutt declared the motion approved. City Manager Bill Lindley provided information regarding the necessity of Council taking action on the second reading ordinances Mayor Pro Tem Ayers moved to continue the meeting until 1 :00 a.m. Councilman Hart seconded the motion. 10 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 Ayes: Councilman Hart and Mayor Pro Tem Ayers Nays: Council persons Skinner, Hendler and Dolan Mayor Hocutt declared the motion approved. Discussion ensued regarding the need to continue the meeting. Councilman Hendler moved to continue the meeting until 12:30 a.m. Mayor Pro Tem Ayers seconded the motion and made a friendly amendment to conclude the meeting after taking action on Items 4, 5, 6, 7 and 8. Councilman Hendler accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Community Development Coordinator Clayton Husband provided information related to the proposed ordinance and was present to answer questions. Councilman Hart encouraged the developers to answer the questions presented by the citizens. Mr. Dan Poremba spoke regarding information provided to residents and future discussions with homeowner association representatives. 10. READING AND PUBLIC HEARING - Resolution R-04-2435 - Consideration of appointments to the Planning and Zoning Commission The meeting was adjourned prior to this item being discussed. 11. READING AND PUBLIC HEARING - Resolution R-04-2436 - Consideration of appointments to the Zoning Board of Adjustment The meeting was adjourned prior to this item being discussed. 12. READING AND PUBLIC HEARING - Resolution R-04-2437 - Consideration of appointments to the Metroport Teen Court Advisory Board The meeting was adjourned prior to this item being discussed. 11 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 ,- 13. READING AND PUBLIC HEARING - Resolution R-04-2438 - Approval of naming the new baseball/softball practice fields located at 709 L.D. Lockett Road, Reagan Park The meeting was adjourned prior to this item being discussed. 14. READING AND PUBLIC HEARING - Resolution R-04-2439 - Approval of a Design Contract with Dannenbaum Engineering Corporation for the 5 million gallon ground storage tank and pump station, in the amount of $448,970 The meeting was adjourned prior to this item being discussed. 15. READING AND PUBLIC HEARING - Resolution R-04-2440 - Approval of a Design Contract with GSWW, Inc., for water transmission lines, in the amount of $172,000 The meeting was adjourned prior to this item being discussed. 16. READING AND PUBLIC HEARING - Resolution R-04-2441 - Approval of the City to proceed with an inquiry into the transmission and distribution rates charged by TXU Electric Delivery The meeting was adjourned prior to this item being discussed. 17. READING AND PUBLIC HEARING - Resolution R-04-2442 - Approval of a Joint Use Agreement between W.H. Braum, Inc., and Retail Buildings, Inc., and the City of Colleyville for ingress and egress rights at Lot 3, Block 1 of Braum's/ Inland Addition The meeting was adjourned prior to this item being discussed. 18. READING AND PUBLIC HEARING - Resolution R-04-2443 - Casting votes for electing members to the Texas Municipal League-Intergovernmental Risk Pool (Worker's Compensation, Property and Liability) (TML-IRP) Board of Trustees The meeting was adjourned prior to this item being discussed. .....- 12 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 19. READING AND PUBLIC HEARING - Resolution R-04-2444 - Approval of Comcast Cable Communications, formerly AT&T Broadband, Basic Cable Service, Equipment and Installation Rates The meeting was adjourned prior to this item being discussed. 20. READING AND PUBLIC HEARING - Resolution R-04-2445 - Accepting a bid for the Central Fire Station, located at 1900 Hall Johnson Road submitted by Broughton Limited Partnership and authorizing the acquisition of approximately 2.65 acres from Bluebonnet Hills Memorial Park, Inc., for the purpose of a site for a new Central Fire Station, declaring expectation to reimburse the expenditure with proceeds of future debt and authorizing the Mayor to sign documents supporting the transaction The meeting was adjourned prior to this item being discussed. 21. READING AND PUBLIC HEARING - Resolution R-04-2446 - Consideration of the appointment of three citizens to serve on the interview panel for the Police Chief ,..- The meeting was adjourned prior to this item being discussed. 22. READING AND PUBLIC HEARING - Resolution R-04-2447 - To override the Mayor's veto of Resolution R-04-2426, approving 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-04-2447 in its entirety. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed resolution and regarding the cost of lighting the Colleyville athletic fields and insurance costs. Mr. Bob Bofinger, 2209 Danbury Drive, representing the Colleyville Soccer Association, spoke regarding the cooperative efforts of the youth sports associations, Musco lighting products and in favor of the proposed resolution. Mr. David Fink, 6400 Ponderosa, spoke regarding indemnification by the City to the school district, liability limit, workmen's compensation for employees maintaining the fields, insurance costs, current practice facilities and in opposition to the proposed resolution. 13 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 - There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley provided information regarding the liability of the City related to the use of the CHHS fields and the standard insurance coverage. Mayor Pro Tem Ayers moved to approve Resolution R-04-2447. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. Mayor Hocutt recessed the meeting at 9:59 p.m. and reconvened at 10:11 p.m. 23. READING AND PUBLIC HEARING - Resolution R-04-2448 - To override the Mayor's veto of Resolution R-04-2427, approving the 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-04-2448 in its entirety. Mr. Dan Devine, 2901 Red Oak Court, spoke regarding baseball, soccer and football facilities and funding for lighting fields for football practice and in favor of the proposed resolution. Mr. Andy McDowell, 3902 Copperwood Court, spoke regarding the condition of streets, and his daughter's bicycle accident, which was a result of poor street conditions and in opposition to the proposed resolution. Mr. David Fink, 6400 Ponderosa Lane, spoke in opposition to the proposed resolution, sharing athletic fields and regarding public safety. Mr. Bob Bofinger, 2209 Danbury Drive, President of Colleyville Soccer Association, spoke regarding practice facilities for soccer, number of participants, maintenance of the practice fields, game scheduling, reallocating existing facilities and lighting practice fields. 14 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 - Mr. Larry Prescott, 2583 Hall Johnson Road, President of Colleyville Youth Football Association, spoke regarding football practice facilities, safety of the children, condition of athletic practice facilities, space devoted to baseball and soccer fields, value of the fields and in favor of the proposed Resolution. Ms. Kathy Hadley, 204 Timberline North, spoke regarding children's activities and parent/children relationships, education and sports involvement, response to being quoted in the Star-Telegram, a petition signed by citizens opposed to the proposed resolution and in opposition to the proposed resolution. Mr. AI Cramer, 2703 Cottonwood Lane, spoke in favor of the proposed resolution and regarding the safety of children during football practice, activities of the children, and teaching teamwork. There were no others present wishing to speak and Mayor Hocutt closed the public hearing. The Council voted unanimously to re-open the public hearing to allow citizens to speak. Mr. Steve Dalri, 1314 Hardage Lane, spoke regarding the funding for lighting and equipping the Pleasant Run practice and game fields. ,..- Mr. James Day, 805 Shelton Drive, spoke in opposition to the proposed resolution, the maintenance of the Colleyville Heritage High School practice fields, the quality of the light fixtures, the need for Shelton Drive resurfacing, lighting the walking trail, street lights in northeast Colleyville, adding personnel in the Police and Code Enforcement Department and in opposition to the proposed resolution. Mr. Ken Hunter, 1804 Avalon Drive, spoke regarding service in sports associations and children's youth athletics, practice facilities, funding for the practice soccer fields and game fields, communication between the youth sports associations, and in favor of the proposed resolution. Mrs. Gerri Musso, 6701 Sapphire Circle North, spoke regarding the cost associated with lighting the fields and in opposition to the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 15 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 Mayor Hocutt spoke regarding the lighting of CHHS fields as a short term solution, a five year financial plan, a bond election in February, Parks and Recreation Board priorities, cooperative efforts of youth sports associations, setting priorities, location of fields and fiscal responsibility to all citizens, participation in youth sports, reasons for vetoing Resolution R-04-2427, the park master plan, investments to game and practice fields by youth sports associations, practice facilities, a sports summit and the economic development impact of locating the lights outside of the City. Mayor Pro Tem Ayers spoke regarding the need for football practice fields, the fiscal responsibility, the number of meetings at which Council discussed the need for football practice facilities, options for practice facilities, utilization of the Colleyville Heritage High School (CHHS) athletic fields, cost of acquiring new land, condition of CHHS athletic fields, potential use of CHHS athletic fields by the soccer and baseball sports associations, future utilization of lights, future use of the CHHS fields and funding street maintenance. Mayor Pro Tem Ayers moved to approve Resolution R-04-2448. Councilman Dolan seconded the motion. Councilman Skinner spoke regarding citizen comments, use of taxpayer's money, cooperative efforts of youth sports associations and temporary and permanent practice facilities for the youth football association. Councilman Hendler stated for the record, "There has been an exhaustive amount of work we have done to get to this conclusion and to get to this recommendation, that is, in my opinion, worthwhile. If you look at what was done recently for baseball and softball at the Sneed Park for a specific age bracket of baseball and softball players for their practice areas and examine and compare those numbers, you will see that this option is cost effective. We have done a lot of things; we have talked to the school district; we have looked at their schedule; we were interrupted with Dr. Singer's resignation; they are looking at their own properties to look at their usefulness. We were lucky to actually be led to and to discuss this CHHS site and to do what we have done, to have practices occurring already and, to hopefully, without delay, proceed to light this area. I want to thank Dr. Wagner, I want to thank John Eubanks, I want to thank the school district. I want to look forward to additional opportunities to partner with GCISD. I think some of the long term solutions will be in joint sharing of turf surfaces on game fields that are lit and will give us additional options. This particular Memorandum of Understanding and this Agreement that we have reached, and sat down and had pleasurable conversations with Dr. Wagner, is for a certain term now, but I will say now that I fully expect that to be continued and to be something that will serve Colleyville football, soccer in the spring and baseball and softball and also our dear GCISD. They have reserved some time in the spring timeframe. To tell you the truth, 16 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 look at the facts on this thing, take the politics out of it and try to see what we have been through to get to this point. It is not perfect, it is very useful, it is overdue and I hope we will get these lights going so the kids can practice safely. Again, the record is out there if anyone wants to look at it and all the work we have done to get to this particular spot. I appreciate coaches, I was a coach in soccer, I do not know how good a coach, but I really, really appreciate everyone that is involved in our sports associations. I do see cooperation. I did hear soccer and football getting along at board level. I think there is room for improvement as well, but for this particular issue, I am for this and I am looking forward to casting my vote." Discussion ensued regarding the parks master plan, the development of the Memorandum of Understanding with GCISD, previous Council discussion regarding the needs of the football youth association and the lighting bids. Parks and Recreation Director Monica Walsh provided information regarding the bids for lighting the athletic fields at CHHS and answered questions of the Council. Mayor Pro Tem Ayers called the question. Ayes: Council persons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner - Mayor Hocutt declared the motion carried. TABLED ITEMS: 24. 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. 25. 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 There was no action taken on this item. 26. CONSIDERATION OF 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 17 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 - There was no action taken on this item. 27. 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: 28. PLANNING AND ZONING COMMISSION MINUTES - July 26, 2004 PLANNING AND ZONING COMMISSION MINUTES - August 9, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - August 2,2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - August 9, 2004 There was no action taken on this item CITIZEN COMMENTS: 29. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 30. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 21, 2004 - Reading and Public Hearing - Resolution R-04-2449 This Resolution was not needed. ADJOURNMENT: 31. 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 18 CITY COUNCIL MINUTES SEPTEMBER 21, 2004 ,,,,-, Mayor Hocutt declared the meeting adjourned at 12:49 a.m. APPROVED THIS 0~ DAY OF y~ 2004, BY A VOTE OF ~ AYES, 0 NAYS AND 0 ABSTENTIONS. Cynthia Singleton, TRMC City Secretary 19