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HomeMy WebLinkAboutCity Council-Minutes-10/5/2004 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET OCTOBER 5, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of burying planned extension of power lines by Oncor (TXU Delivery) along portions of Pleasant Run and John McCain Road PC-2. Update of Economic Development Initiatives PC-3. Presentation of Economic Development Incentive Policy PC-4. Discussion of providing legal representation for individuals subject to the City Ethics Policy PC-5. Discussion of the City of Colleyville tennis program PC-6. Discussion of scheduling the TXU Electric Delivery Executive Visit and Workshop PC-7. Discussion of October 5,2004, 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. 551.072 - 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 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 Lloyd McCutchen, Colleyville Assembly of God - PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - PROCLAMATION - PROCLAMATION - In recognition of Eagle Scout Ryan Luke In recognition of Fire Prevention Month - Mike Johnston, Fire Chief In recognition of Crime Prevention Month - Officer Bill Hudgins CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2451 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 21, 2004 - b. Approval of the minutes of the City Council Worksession of September 13, 2004 - c. Approval of a Final Plat of Rockrimmon, 12.15 acres located in the 100 block of West Glade Road, Case P-04-034 d. Approval of a Contract for court resurfacing with American Tennis Court Contractors, Inc., in an amount not to exceed $28,095.00 e. Approval of purchasing a joint seal kettle (melter crack sealer) through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $44,756.27 f. Approval of the FY2004-2005 City Council Work Initiatives g. Approval of the use of the Voluntary Library Fund, for the purchase of books and processing materials, in the amount of $46,750 h. Approval to declare thirty (30) S&W Model 4506 and three (3) S&W Model 3913 department owned handguns as surplus I. Approval of the purchase of forty (40) Sig Arms handguns in 40 S&W caliber, from the Sig Arms Company, in the amount of $21 ,960 and five (5) Remington shotguns in 12 gauge from C & G Wholesale, in the amount of $1,762.50 - j. Approval of the FY2005 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven, Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Metroport Meals on Wheels (MMOW), Colleyville Area Chamber of Commerce, Tarrant County Youth Recovery Campus, Colleyville Proud, Grapevine Relief and Community Exchange (GRACE), The Women's Shelter and Special Needs Assistance Partners (SNAPS) PUBLIC HEARINGS: 4. SECOND 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 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1483 - Approval of the 2004-2025 Colleyville Master Plan, Case G-04-015 - - 6. READING AND PUBLIC HEARING - Resolution R-04-2452 - Approval of a Waiver of perimeter street improvement requirements on Tract 2F6, Joseph White Survey, Abstract 1692, located at the northeast corner of Shelton Drive and Hunter Lane, G-04-023 7. READING AND PUBLIC HEARING - Resolution R-04-2453 - Approval of a variance from the Sign Regulations regarding a monument sign on Lot 2R, Block 2, Towne Square Addition, located at 5708 Colleyville Boulevard, Case G-04-22 8. READING AND PUBLIC HEARING - Resolution R-04-2454 - Approval of purchasing an asphalt patch truck through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $91 ,425.96 9. READING AND PUBLIC HEARING - Resolution R-04-2455 - Approval of a Contract with Reliable Paving, Inc., for the construction of Sneed Park entrance road, in the amount of $ 90,512 - 10. READING AND PUBLIC HEARING - Resolution R-04-2456 - Approval of the FY2005 Street Resurfacing Contract with Peachtree Construction, in the amount of $181 ,307.35 TABLED ITEMS: 11. 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 12. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall 13. CONSIDERATION OF RESOLUTION R-04-2438 - Approval of naming the new baseball/softball practice fields located at 709 L.D. Lockett Road, Reagan Park - - 14. CONSIDERATION OF 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 REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES - August 23, 2004 CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 5, 2004 - Reading and Public Hearing - Resolution R-04-2457 - ADJOURNMENT: 18. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 1, 2004, at 5:00 .m. nthia 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 OCTOBER 5, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on October 5, 2004, at 5:20 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Tom Hart, and Mayor Pro Tern Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Fire Chief Mike Johnston, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Director of Public Works Keith Fisher, Public Works Manager Kelly Howell, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Recreation Supervisor Craig Dishman, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne and City Secretary Cynthia Singleton were also present. ,- Councilman Rich Hendler was absent. PC-1. Discussion of burying planned extension of power lines by Oncor (TXU Delivery) along portions of Pleasant Run and John McCain Road Steve Johnson, Oncor (TXU Electric Delivery) presented a pole location map and information regarding the location and installation cost of the power lines along portions of Pleasant Run and John McCain Road. Discussion ensued regarding the location of the power lines and associated costs, cost of future service upgrades, maintenance of equipment and citizen comments. Council determined that the power lines on John McCain Road would be buried and the power lines along the perimeter of Pleasant Run Park would be above ground. Council requested that staff provide information regarding funding sources for the installation costs of the power lines. .- PC-2. Update of Economic Development Initiatives CITY COUNCIL MINUTES OCTOBER 5, 2004 - Economic Development Manager Scott Welmaker provided an update of the Economic Development initiatives. Discussion ensued regarding the development of new and existing businesses and an impact mitigation plan for businesses during the SH26 reconstruction. PC-3. Presentation of Economic Development Incentive Policy Economic Development Manager Scott Welmaker presented an overview of the proposed Economic Development Incentive Policy. Discussion ensued regarding criteria for offering financial incentives to developers. Council requested that a competitive impact criterion be included in the policy. PC-4. Discussion of providing legal representation for individuals subject to the City Ethics Policy ,- There was general discussion regarding the draft ordinance, which provides for consideration of reimbursement of associated legal fees for individuals covered by the Ethics Ordinance and review of the current ethics code ordinance. Council requested that a Joint Worksession be scheduled with the Ethics Commission to review Ethics Ordinance 0-02-1382. PC-5. Discussion of the City of Colleyville tennis program There was general discussion regarding the structure of the tennis program, including ratio of fees, revenue and the policy related to the use of the tennis courts. Parks and Recreation Director Monica Walsh was present to answer questions of the Council. Council requested that staff provide the percentage of revenue earned by the City and the Tennis Pro and information related to the availability of the tennis courts to the general public. PC-6. Discussion of scheduling the TXU Electric Delivery Executive Visit and Workshop - 2 CITY COUNCIL MINUTES OCTOBER 5, 2004 It was determined that this item would be placed on the October 13, 2004 City Council Worksession. PC-7. Discussion of October 5, 2004, City Council regular agenda items The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 7:10 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on October 5, 2004, at 7:08 p.m. ROLL CALL: .""-" Councilpersons Mark Skinner, Elaine Dolan, 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, Officer Bill Hudgins, Public Works Director Keith Fisher, Community Development Coordinator Clayton Husband, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. 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. 551.072 - 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 Property Acquisition - Fire Station 3 CITY COUNCIL MINUTES OCTOBER 5, 2004 Sec. 551.072 - Sec. 551.072 - Sec. 551.074- Sec. 551.074 - 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 7:10 p.m. and reconvened at 7:52 p.m. The invocation was given by Councilman Mark Skinner and City Attorney Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt presented a Proclamation to Ryan Luke in recognition of his achievements as an Eagle Scout. - Mayor Hocutt presented a Proclamation to Fire Chief Mike Johnston in recognition of Fire Prevention Month. Mayor Hocutt presented a Proclamation to Officer Bill Hudgins in recognition of Crime Prevention Month. Officer Bill Hudgins invited everyone to attend the Child and Safety Fair on October 11,2004, 10:00 a.m. to 2 p.m., at Albertson's on Glade Road. Mayor Hocutt announced that the Fall "Clean Sweep" will be held Saturday, October 9, 2004, at 8:30 a.m. at City Park and that the Crud Cruiser will be available at the new City Hall Parking lot from 9:00 to 11 :00 a.m. for the disposal of hazardous waste. Mayor Hocutt read a letter from Kelsey Cruson, who is eight, regarding the completion of John McCain Road at SH26. Mayor Hocutt announced that the John McCain Road is scheduled for opening on Thursday, October 7,2004. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2451 - Consent Items: - a. Approval of minutes of the regular City Council meeting of September 21, 2004 4 CITY COUNCIL MINUTES OCTOBER 5, 2004 b. Approval of the minutes of the City Council Worksession of September 13, 2004 c. Approval of a Final Plat of Rockrimmon, 12.15 acres located in the 100 block of West Glade Road, Case P-04-034 d. Approval of a Contract for court resurfacing with American Tennis Court Contractors, Inc., in an amount not to exceed $28,095.00 e. Approval of purchasing a joint seal kettle (melter crack sealer) through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $44,756.27 f. Approval of the FY2004-2005 City Council Work Initiatives g. Approval of the use of the Voluntary Library Fund, for the purchase of books and processing materials, in the amount of $46,750 h. Approval to declare thirty (30) S&W Model 4506 and three (3) S&W Model 3913 department owned handguns as surplus - I. Approval of the purchase of forty (40) Sig Arms handguns in 40 S&W caliber, from the Sig Arms Company, in the amount of $21 ,960 and five (5) Remington shotguns in 12 gauge from C & G Wholesale, in the amount of $1,762.50 j. Approval of the FY2005 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven, Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Metroport Meals on Wheels (MMOW), Colleyville Area Chamber of Commerce, Tarrant County Youth Recovery Campus, Colleyville Proud, Grapevine Relief and Community Exchange (GRACE), The Women's Shelter and Special Needs Assistance Partners (SNAPS) Mayor Hocutt opened the public hearing and read Resolution R-04-2451 in its entirety. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke regarding the funding of Colleyville Proud activities and the Wildflower Beautification Project. Ms. Ginny Tigue, 4415 Meandering Way, spoke regarding the funding of Colleyville Proud and the Wildflower Beautification Project. - There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 5 CITY COUNCIL MINUTES OCTOBER 5, 2004 .- City Manager Bill Lindley provided information regarding the negotiation of the IESI contract as it relates to the household hazardous waste program. Mayor Pro Tern Ayers requested that language be included in the agency agreements to require an accounting mechanism, such as a receipt, by which the City can determine that the benefits, negotiated by the City, are being received, and that the agency include the by-laws as part of the Agreement. Mayor Pro Tern Ayers moved to approve Resolution R-04-2451, with the following language to be incorporated into the agency agreements: Prior to the receipt of any funds, the Agency will provide a copy of the bylaws, and that upon payment of the funds by the City, a receipt be provided that demonstrates, specifically, what services are provided by the organization. Councilman Dolan seconded the motion. There was general discussion regarding the City Council Work Initiatives. Mayor Hocutt made a friendly amendment to remove Item f. Mayor Pro Tern Ayers and Councilman Dolan accepted the friendly amendment. ,- Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1482 _ 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 Mayor Hocutt stated that Mr. John Lynch, who represents the Pecan Creek Village Development, requested that this item be tabled. City Attorney Ross Foster stated that in relationship to tabling, if tabled prior to the second reading, then before Council can consider the matter again, it must have two more readings. If it is tabled after the second reading then it is not required to have any more readings before Council takes action on it. Council can have a third public hearing and typically, after two public hearings, the Council does open the public hearing when an item is removed from the table. 6 CITY COUNCIL MINUTES OCTOBER 5, 2004 -- Mr. John Lynch, 5301 Miramar, requested that the public hearing go forward and that the vote on the item be postponed and the developer be given one month to continue discussions with citizens and the Colleyville Area Chamber of Commerce and that in connection with this meeting that the applicant be given an opportunity to respond to issues raised during the public hearing. Mr. Dan Poremba, applicant, requested that they be allowed time equal to those of the public comments. Mayor Pro Tern Ayers made a procedural motion to allow the citizens to speak first and then the applicant. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1482. Ms. Karen Denton, 6623 Sapphire Circle, spoke regarding meetings with the applicant, citizen petitions, environmental and economic development issues and in opposition to the proposed ordinance. Ms. Gerri Musso, 6701 Sapphire Circle North, spoke in opposition to the proposed ordinance. - Ms. Noreen Houston, 1408 Douglas Avenue, presented a petition opposing the proposed project and spoke regarding the substance of the project, safety issues, public opposition to the project and in opposition to the proposed ordinance. Mr. Urmesh Shah, 7305 Braemar Terrace, presented a petition opposing the proposed project, the development of SH26 and in opposition to the proposed ordinance. Mr. Brant Ashley, 2216 Collins Path, spoke regarding the economic viability of the proposed project, the best use of the property, oil prices, residential values, and in opposition to the proposed ordinance. Mr. Chris Chapman, 7405 Braemar Terrace, spoke regarding economic development, the vision statement, the integrity of the Colleyville Master Plan and in opposition to the proposed ordinance. Mr. Andres Otano, 7206 Brooke Drive, spoke regarding the reconstruction of John McCain Road and SH26, the number of gasoline service stations on SH26 and in opposition to the proposed ordinance. - Mr. Peter Streit, 7000 Gladwyne Court, representing himself and Mr. Steve Magee, 6900 Shepherds Glen, spoke regarding meetings with the developer, the future of Colleyville, development of the City, gateways to the City and in favor of the proposed ordinance. 7 CITY COUNCIL MINUTES OCTOBER 5, 2004 ,- Mr. Kipp Whitman, 3930 Glade Road, spoke regarding the plans of the applicant, conceptual plans of the development, open space and landscaping, lighting, gasoline outside speakers, the building fayade and in opposition to the proposed ordinance Mr. Fred Ballinger, 304 West Bandit Trail, spoke regarding the northeast gateway of the City, the economic development of the City and in opposition to the proposed ordinance. Mr. James Burk, 7301 Thames Trail, spoke regarding the initial proposal of the applicant, future ownership of the proposed development and in opposition to the proposed ordinance. Ms. Sylvia Render, 7200 Thames Trail, spoke regarding citizen support of the proposed gasoline station, the caliber of the proposed project and in opposition to the proposed ordinance. Ms. Lisa O'Brien, 7205 Balmoral Drive, spoke regarding the location of gasoline stations on SH26, the price of gasoline, the location of tire stores and in opposition to the proposed ordinance. .- Ms. Lucy Ninios, 7201 Thames Trail, spoke regarding the impact of the development on taxes and in opposition to the proposed ordinance. Mr. Dennis Roe, 6800 Milton Drive, spoke regarding citizen comments, potential sales tax revenue, the gateway to the City and in favor of the proposed ordinance. Mr. Whitney Stark, 6615 Sapphire Enclave, President, Sapphire Enclave Homeowner's Association, spoke regarding meetings with the developer, future development of the gateway and in opposition to the proposed ordinance. Mr. Keith Staudt, 7208 Belle Meade, President, Pebble Hill's Homeowner's Association, spoke regarding citizen comments, the development of SH26, the aesthetics of the proposed development, the commercial development of Colleyville and in favor of the proposed ordinance. Mr. Norman Rice, 7205 Braemar Terrace, spoke regarding traffic flow at John McCain Road and SH26, the number of gas stations on SH26, the viability of the project, tax revenue, property values, meetings with the developers, petitions presented against the project and in opposition to the proposed ordinance. Ms. Ginny Tigue, 4415 Meandering Way, spoke regarding the Colleyville Master Plan, property values, the commercial development of the City, the number of gas stations on SH26 and in opposition to the proposed ordinance. ,..-.. 8 CITY COUNCIL MINUTES OCTOBER 5, 2004 ,- Mr. Kevin Wall, 7209 Thames Trail, spoke regarding the time and resources expended to oppose the development, meetings with the developers, the aesthetics of the development and in opposition to the proposed ordinance. Ms. Janet Simer, 7203 Pebble Hill Drive, spoke regarding a petition opposing the proposed development and in opposition to the proposed ordinance. Mr. AI Silverberg, 7204 Thames Trail, spoke regarding the development of Colleyville, traffic at John McCain Road and SH26, property values and in opposition to the proposed ordinance. Mayor Hocutt read an email from Tony Hampton, 200 Danielle, stating opposition to the proposed ordinance and regarding gateway features, the aesthetics of the development, tax revenue, commercial development of SH26 and previous Council comments regarding the proposed development. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt recessed the meeting at 10:10 p.m. and reconvened at 10:23 p.m. ,- Council determined that the applicant would be allowed a twenty minute presentation with additional time to answer questions of the Council. Mr. Dan Poremba, 1039 South Ogden Street, Denver, Colorado, requested that this item be tabled for an additional thirty days to continue meetings with concerned citizens, provided an overview of similar developments and answered questions of the Council. Mr. Bennett Ratliff, The Ratliff Group, L.L.C., 504 Sorrell Lane, Coppell, Texas, provided information regarding the aesthetics of the proposed project, mixed use of the proposed development, Phase I elements of the project and answered questions of the Council. Mr. Dan Poremba, applicant, 1039 South Ogden Street, Denver, Colorado, spoke regarding a similar project in McKinney, Texas, the tenant mix, the closure and dismantling of Phast Phils, citizen comments, benefits of the project, allowed uses of the proposed zoning change and was present to answer questions of the Council. Mr. John Lynch, 5301 Miramar, spoke regarding the removal of the Phast Phils facility, reasons for the failure of Phast Phils, features of the proposed development and a proposed list of deed restrictions as a stipulation of the proposed ordinance. - Discussion ensued regarding incremental sales tax projections, hours of operation, tenant mix, meetings with homeowner associations and the Colleyville Area Chamber of Commerce. 9 CITY COUNCIL MINUTES OCTOBER 5, 2004 Mayor Pro Tern Ayers requested that the developer provide, at the November 3, 2004 Council meeting, ad valorem and sales tax consequences of this project; the financial impact to the ad valorem taxes, if the project has a detrimental impact on home prices in the surrounding neighborhoods; and, identify the surrounding neighborhood objections and steps taken to address the objections. City Manager Bill Lindley provided information related to the ability of enforcing restrictions placed in the proposed ordinance. Councilman Hart moved to table Ordinance 0-04-1482 and to place the item on the November 3, 2004 Council agenda. Councilman Dolan seconded the motion. Mayor Pro Tern Ayers made a friendly amendment to open the public hearing when the item is considered at the November 3,2004 Council meeting. Councilpersons Hart and Dolan accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None ,,~ Mayor Hocutt declared the motion carried. It was determined that citizens that live within 500 feet, homeowner's associations and citizens who have spoken during the public hearings will be notified that this item will be considered at the November 3, 2004 Council meeting. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1483 - Approval of the 2004-2025 Colleyville Master Plan, Case G-04-015 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1483. 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 process for development of a Master Plan. Discussion ensued regarding a comparison between the 1998 Master Plan and the proposed 2004-2005 Colleyville Master Plan. - 10 CITY COUNCIL MINUTES OCTOBER 5, 2004 - Mayor Pro Tern Ayers proposed a change to include the expansion of the future commercial area located south of Glade Road and west of Heritage Avenue to approximately thirty acres. Mayor Hocutt called for a vote on whether to continue the meeting after midnight. The Council voted by acclamation to continue the meeting. Councilman Dolan proposed a change on page 6-14 regarding the conversion of Felps Drive and Acuff Street as through streets by constructing cul-de-sacs. Planning and Zoning Commissioner Jeff Byerly spoke regarding the desire of the citizens related to the area of Felps Drive and Acuff Street. Community Development Manager Barry LeBaron proposed providing Council, on an annual basis, a list of zoning cases that comply or deviate from the Master Plan, which would provide data for future Master Plan updates. Councilman Dolan requested that a future review of the Master Plan include gated communities and the thoroughfare plan. ,.- 6. READING AND PUBLIC HEARING - Resolution R-04-2452 - Approval of a Waiver of perimeter street improvement requirements on Tract 2F6, Joseph White Survey, Abstract 1692, located at the northeast corner of Shelton Drive and Hunter Lane, G-04-023 Mayor Hocutt opened the public hearing and read Resolution R-04-2452 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Charles and Ann Huggins, 6503 Emerald Drive, applicant, spoke regarding the street improvement fees and was present to answer questions of the Council. Community Development Coordinator Clayton Husband provided information regarding the history of the property and criteria for the perimeter street fees. Councilman Skinner moved to approve Resolution R-04-2452 reducing the street perimeter fee to $1,000.00. Mayor Pro Tern Ayers seconded the motion. - Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None 11 CITY COUNCIL MINUTES OCTOBER 5, 2004 -- Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-04-2453 - Approval of a variance from the Sign Regulations regarding a monument sign on Lot 2R, Block 2, Towne Square Addition, located at 5708 Colleyville Boulevard, Case G-04-22 Mayor Hocutt opened the public hearing and read Resolution R-04-2453 in its entirety. Ms. Pat Batten, 3307 Fox Glen Drive, representing Terry Wilkins of Wyndam Properties and George Jensen of GWJ Company, spoke in favor the proposed resolution. Ms. Holly McPherson, 1201 Hall Johnson Road, spoke regarding the contributions of Dr. Schroeder and in favor of the proposed resolution. Dr. Jesse Schroeder, 1201 Hall Johnson Road, applicant, provided information related to the location of the proposed sign and answered questions of the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. -- Mayor Pro Tern Ayers moved to approve Resolution R-04-2453. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-04-2454 - Approval of purchasing an asphalt patch truck through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $91 ,425.96 Mayor Hocutt opened the public hearing and read Resolution R-04-2454 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Ayers moved to approve Resolution R-04-2454. Councilman Skinner seconded the motion. .- 12 CITY COUNCIL MINUTES OCTOBER 5, 2004 - Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-04-2455 - Approval of a Contract with Reliable Paving, Inc., for the construction of Sneed Park entrance road, in the amount of $ 90,512 Mayor Hocutt opened the public hearing and read Resolution R-04-2455 in its entirety. There was no present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Ayers moved to approve Resolution R-04-2455. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None -- Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-04-2456 - Approval of the FY2005 Street Resurfacing Contract with Peachtree Construction, in the amount of $181,307.35 Mayor Hocutt opened the public hearing and read Resolution R-04-2456 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Ayers moved to approve Resolution R-04-2456. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. - City Manager Bill Lindley commended Public Works Director Keith Fisher and staff for their efforts to improve the streets. 13 CITY COUNCIL MINUTES OCTOBER 5, 2004 - TABLED ITEMS: 11. 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 The applicant requested that this item remain tabled. 12. CONSIDERATION OF RESOLUTION R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall Mayor Pro Tern Ayers moved to remove this item from the table. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart, and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read Resolution R-04-2394 in its entirety. ,,~ There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the amount of the reimbursement of legal fees to Mr. Swift and Mr. Wall. Council determined that a Joint City Council and Ethics Commission Worksession would be scheduled to review the Ethics Ordinance. Mayor Pro Tern Ayers moved to approve Resolution R-04-2394, reimbursing Mr. Wall and Mr. Swift $7,000.00 each. Councilman Dolan seconded the motion Ayes: Councilpersons Skinner, Dolan, Hart, and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. - 13. CONSIDERATION OF RESOLUTION R-04-2438 - Approval of naming the new baseball/softball practice fields located at 709 L.D. Lockett Road, Reagan Park 14 CITY COUNCIL MINUTES OCTOBER 5, 2004 Councilman Dolan moved to remove this item from the table. Mayor Pro Tern Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart, and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the Resolution R-04-2438 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 a history of the property and ownership and reported that the Sneed family wished for the property to be named Reagan Park. Mayor Pro Tern Ayers move to approve Resolution R-04-2438. -- Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart, and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 14. CONSIDERATION OF 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 City Manager Bill Lindley stated that staff is contacting Bluebonnet Hills Memorial Park regarding the potential sale of the property. Council determined that this item would be passed over and not be given further consideration. -- 15 CITY COUNCIL MINUTES OCTOBER 5, 2004 - REPORTS: 15. PLANNING AND ZONING COMMISSION MINUTES - August 23, 2004 There was no action taken on this item. CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 5, 2004 - Reading and Public Hearing - Resolution R-04-2457 This resolution was not needed. -- ADJOURNMENT: 18. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 1 :07a.m. APPROVED THIS /f~ DAY OF tJeI~ 2004, BY A VOTE OF ~ AYES, 0 NAYS AND D ABSTENTIONS. Minutes taken and prepared by: 'Y2~ Cynthia Singleton, TRMC City Secretary 16