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HomeMy WebLinkAboutCity Council-Minutes-11/3/2004 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET NOVEMBER 3, 2004 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1 Discussion of the FY2004-2005 City Council Work Initiatives PC-2. Establishing date(s) and time(s) for City Council Capital Improvement Program Worksession(s) PC-3. Discussion of selecting dates for hosting a Senior Citizen Forum, Sports Forum and joint meeting with the Grapevine-Colleyville Independent School District (GCISD)Board of Directors PC-4. Discussion of November 3, 2004, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.074 - INVOCATION: Environmental Conservation Organization ("ECO"), Montclair Pare Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending or Contemplated Litigation - CMPA/Justice Center Pending Litigation - Helen Boyce Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard City Attorney Compensation Personnel - City Manager's Performance Evaluation 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Neda Moayad of Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In honor of U.S. Army Specialist Christian Schulz who paid the ultimate price in service to his country - Robert, Emmy and Rebekah Schulz PLAQUES - In recognition of service on the Traffic Safety Advisory Committee - Sarah Simon and Angela Davis CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2464 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 19, 2004 b. Approval of the minutes of the City Council Worksession of October 13, 2004 c. Approval of an Amendment to the Employment Agreement between the City of Colleyville and William H. Lindley, City Manager PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1484 - Approval of a Zoning Change from AG and CC1 to PUD-C on 1.28 acres located at the 6400 block of Colleyville Boulevard, Case Z-04-031 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1485 - Approval of an amendment to the Colleyville Code of Ordinances to require proof of state registration prior to receiving a building permit for certain construction activities, Case G-04-021 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1486 - Approval of a City Developer Agreement with the Keller Independent School District (KISD) for the construction improvements on McDonwell School Road 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1487 - Approval of an Amendment to the PUD-R Ordinance 0-03-1424 for Tiffany Park, 7.1 acres located in the 4300 block of Brown Trail, Case Z-04-034 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1488 - Approval of an Amendment to the PUD-R Ordinance 0-01-1273 for Heritage Glen Addition, Lots 12 and 13, located in the 3200 block of Glade Road, Case Z-04- 033 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1489 - Approval to Amend Section 2 of Ordinance 0-04-1478 to authorize the expenditure of $330,000 of unappropriated fund balance for the burying of power lines by Oncor (TXU Electric Delivery) along portions of Pleasant Run and John McCain Road 10. READING AND PUBLIC HEARING - Resolution R-04-2465 - Approval of the Appointment of a Police Chief 11. READING AND PUBLIC HEARING - Resolution R-04-2466 - Approval of a Request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 12. READING AND PUBLIC HEARING - Resolution R-04-2467 - Approval of a Design Contract with Teague, Nail and Perkins for the McDonwell School Road and Precinct Line Road intersection improvements, in an amount not to exceed $82,500 13. READING AND PUBLIC HEARING - Resolution R-04-2468 - Approval of the FY 2004-2005 City Council Work Initiatives TABLED ITEMS: 14. 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 15. CONSIDERATION OF 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 REPORTS: 16. HISTORICAL PRESERVATION COMMITTEE MINUTES - September 14, 2004 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 3, 2004 - Reading and Public Hearing - Resolution R-04-2469 ADJOURNMENT: 19. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 29, 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 NOVEMBER 3, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 3, 2004, at 5:27 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Tom Hart were present. Mayor Joe Hocutt, City Manager Bill Lindley, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Finance Director Terry Leake, Director of Public Works Keith Fisher, Economic Development Manager Scott Welmaker and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ayers arrived at 6:20 p.m. - PC-1. Discussion of the FY2004-2005 City Council Work Initiatives There was general discussion regarding the development and prioritization of the initiatives and methods of benchmarking. Councilman Hendler stated, for the record, that some of his input and some of trying to make these actionable was in fact directed toward having staff help us and prepare us, support us and guide us in all of the things we have been putting together. Some of these, complete draft, do this, do that. I guess what I was trying to do and it was somewhat in conjunction with what we are trying to do with our CIP plan, and trying to get that bond package together is to get a full vision of where we are going. I want to, I guess, restate that some of this is intended to have staff feed us information, boil it down and help us and guide us toward the proper decisions. And some of this, since it is so encompassing, some of my input and some of my comments and I will finish out with them, are related to sort of trying to put this thing in some sort of semi-focused picture where we can make progress. So, what I would like to propose is to do specifically, because I would like to go ahead and vote on this, because it is just an issue, it is not earth shattering or world changing. But I would like to suggest that we take the "Make Colleyville more prosperous thru economic development efforts" and make that the number one item in our initiatives since ED is pretty much what we have - CITY COUNCIL MINUTES NOVEMBER 3, 2004 - discussed. The second one would be "Enhance COlleyville's mobility" and basically what I would change that to is "Enhance COlleyville's roads and streets". And we have pretty much agreed as a Council to tackle those top two. Number three, which is basically the Capital Improvement Plan, would be to craft in fashion a bond package and pursue a specific Capital Improvement Plan. Now, within that, you can take Sustainable Budget, number four, Make Colleyville Model City, number five and six, to continue to be the Employer of Choice. That would be sort of a way to focus and when we had our retreats, we tried to wrestle with and get consensus related to what we are doing. And that has been some of my frustration on this, all of this we can all agree to but trying to get something step by step that helps us to commit to what we are going to pursue but then also helps us to refer to if other things come up. Discussion continued regarding funding sources for the Work Initiatives and the impact of the initiatives on the community. Council determined that the Work Initiatives be ordered as follows: -. 1. 2. 3. 4. 5. 6. Make Colleyville more prosperous through economic development efforts Enhance Colleyville's roads and streets Capital Improvement Plan Make Colleyville a Model City Sustainable Budget Continue to be "An Employer of Choice" Discussion continued regarding the implementation of the Work Initiatives. PC-2. Establishing date(s) and time(s) for City Council Capital Improvement Program Worksession( s) Council determined that a Capital Improvement Worksession would be held November 10, 2004, at 6:00 p.m. in the Executive Conference Room. PC-3. Discussion of selecting dates for hosting a Senior Citizen Forum, Sports Forum and joint meeting with the Grapevine-Colleyville Independent School District (GCISD)Board of Directors The meeting was adjourned prior to this item being discussed. PC-4. Discussion of November 3, 2004, City Council regular agenda items - The meeting was adjourned prior to this item being discussed. 2 CITY COUNCIL MINUTES - NOVEMBER 3, 2004 Mayor Hocutt adjourned the meeting at 6:54 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 3, 2004, at 6:56 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, Finance Director Terry Leake, Fire Chief Mike Johnston, Acting Police Chief Rodney Cunningham, Officer Bill Hudgins, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Financial Analyst Kacey Bess, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074- 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 Property Acquisition Proposed Sale of Property - 5500 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 6:57 p.m. and reconvened at 7:41 p.m. - 3 CITY COUNCIL MINUTES NOVEMBER 3, 2004 ,..-. The invocation was given by Patty Smith Brighton of Colleyville Baha'i Community 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 recognized Ms. Sarah Simon and Ms. Angela Davis for their service on the Traffic Safety Advisory Committee. Councilman Rich Hendler commended the service of Sarah Simon and Angela Davis while serving on the Traffic Safety Advisory Committee. Mayor Hocutt and Council presented roses and a Proclamation to Robert, Emmy and Rebekah Schulz in honor of their son and brother, U.S. Army Specialist Christian Schulz, who paid the ultimate price in service to his country. Mayor Hocutt recognized Hector Quijada, who served in Iraq and was Christian's friend. - CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2464 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 19, 2004 b. Approval of the minutes of the City Council Worksession of October 13, 2004 c. Approval of an Amendment to the Employment Agreement between the City of Colleyville and William H. Lindley, City Manager Mayor Hocutt opened the public hearing and read Resolution R-04-2464 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-04-2464. Councilman Skinner seconded the motion. ^- 4 CITY COUNCIL MINUTES NOVEMBER 3, 2004 ...- Councilman Dolan requested that the October 19, 2004 Council minutes, Item 4, page 6, be amended to add: Community Development Manager Barry LeBaron provided information regarding defining transitional areas near rural developments; and page 8, Item 8, add to the motion to approve Resolution R-04-2459: appointing Senior Alternate Mr. L. Ed Moore to the Zoning Board of Adjustment. Mayor Pro Tem Ayers and Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. The Council considered Item 10 at this time. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1484 - Approval of a Zoning Change from AG and CC1 to PUD-C on 1.28 acres located at the 6400 block of Colleyville Boulevard, Case Z-04-031 - Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1484. Mr. Lynn Burral, 5104 Chelsea, spoke in favor the proposed Ordinance. Mr. George Reppath, 1801 D Industrial Boulevard, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron, provided an overview of the proposed ordinance. Mr. Jackie Fluid, GSW Engineers, 3950 Fossil Creek Boulevard., Fort Worth, Texas, representing the applicant, was present to answer questions of the Council Mr. Howard Lawson, applicant, 7411 Hines Place, Dallas, Texas, was present to answer questions of the Council and presented a new preliminary site development plan. Councilman Dolan asked if the ordinance needs to be returned to Planning and Zoning to consider the proposed changes. ...-- 5 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - City Attorney Ross Foster stated that the Planning and Zoning Commission is required to make a recommendation on any proposed zoning change and they have made a recommendation to you. Under those circumstances, as long as there is not a substantial change to the zoning case then the Council can proceed with the zoning case and make modifications even without it having to go back to Planning and Zoning Commission. Discussion continued regarding the new preliminary site development plan. Council determined that the proposed zoning case, in its revised form, be returned to the Planning and Zoning Commission for their review and recommendation. Councilman Hart moved to table Ordinance 0-04-1484. 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. - 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1485 - Approval of an amendment to the Colleyville Code of Ordinances to require proof of state registration prior to receiving a building permit for certain construction activities, Case G-04-021 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1485. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance and regarding the qualifications of homebuilders. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron reported that homebuilders must pay a state registration fee of $125.00 annually and a $40.00 fee for each new home. City Manager Bill Lindley stated that homebuilders are required by state law to register in order to operate as a homebuilder. Councilman Skinner moved to approve Ordinance 0-04-1485. - Mayor Pro Tem Ayers seconded the motion. 6 CITY COUNCIL MINUTES NOVEMBER 3, 2004 -- Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Council person Dolan Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1486 - Approval of a City Developer Agreement with the Keller Independent School District (KISD) for the construction improvements on McDonwell School Road Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1486. Mr. Bob Putnam, 315 Polo Trail, representing Remington Park Homeowners Association, spoke regarding the need for sidewalks from Remington Park to the new school. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. -- Public Works Director Keith Fisher stated that a ten foot trail from Westmont Subdivision to the school and a five foot sidewalk from Remington Park to the school will be completed prior to the school opening. Discussion ensued regarding the funding source for the sidewalk and trail and the realignment of the entry to the school. Public Works Director Keith Fisher stated that KISD reconfigured the entry into the school to provide for a tax benefit for both KISD and the City of Colleyville. Councilman Skinner moved to approve Ordinance 0-04-1486. 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. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1487 - Approval of an Amendment to the PUD-R Ordinance 0-03-1424 for Tiffany Park, 7.1 acres located in the 4300 block of Brown Trail, Case Z-04-034 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1487. 7 CITY COUNCIL MINUTES NOVEMBER 3, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1488 - Approval of an Amendment to the PUD-R Ordinance 0-01-1273 for Heritage Glen Addition, Lots 12 and 13, located in the 3200 block of Glade Road, Case Z-04- 033 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1488. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1489 - Approval to Amend Section 2 of Ordinance 0-04-1478 to authorize the expenditure of $330,000 of unappropriated fund balance for the burying of power lines by Oncor (TXU Electric Delivery) along portions of Pleasant Run Park and John McCain Road - Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1489. Mr. Stuart Mocilnikar, 7309 Pebble Hill Drive, commended Council for their support of burying the power lines and expressed appreciation to Mr. Keith Staudt, President of Pebble Hill Plantation Homeowner's Association, for bringing the matter to the attention of the Homeowner's Association. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley spoke regarding funding sources for burying of power lines. Councilman Skinner clarified that lines would not be buried along Pleasant Run Road but would be buried along John McCain Road. Mayor Pro Tem Ayers further clarified that there would not be any additional stringing of overhead poles along Pleasant Run or John McCain Road. 10. READING AND PUBLIC HEARING - Resolution R-04-2465 - Approval of the Appointment of a Police Chief - Mayor Hocutt read Resolution R-04-2465 in its entirety. 8 CITY COUNCIL MINUTES NOVEMBER 3, 2004 ".- City Manager Bill Lindley introduced his selection for Police Chief Tommy Ingram and his wife Debbie. Mr. Lindley stated that Mr. Ingram served as the Assistant Police Chief in Arlington, Texas and attended and graduated from the FBI Police Academy and Kennedy School of Government at Harvard University. Mr. Lindley stated that the three key ingredients required for his choice of Police Chief included strong strategic planning capabilities, a focus for community police and the development of staff. The selection process involved a strong base of community involvement of City Council, citizens and staff. Mayor Hocutt opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley presented the Colleyville Chief of Police Tommy Ingram. Councilman Hendler moved to approve Resolution R-04-2465. 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. City Manager Bill Lindley invited everyone to attend a reception for Chief Ingram, which will be held December 13, 2004, from 4:30 - 6:00 p.m. at the Colleyville Justice Center. Councilman Skinner expressed appreciation to citizen panel members, Smokey Vanover, Frank Whitmire and Jim Whipper for their participation in the selection process. 11. READING AND PUBLIC HEARING - Resolution R-04-2466 - Approval of a Request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 Mayor Hocutt opened the public hearing and read Resolution R-04-2466 in its entirety. Mr. James Day, 805 Shelton Drive, 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. - 9 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - Discussion ensued regarding a citizen e-mail from Ms. Terri Workman, who requested that a landscaping barrier be constructed between her residence and the church. Discussion continued regarding the need for the portable building, the length of approval period for the portable building and completion of the church. Councilman Skinner moved to deny Resolution R-04-2466, with the caveat that the Council desires for the request to be submitted for further consideration and that the applicant be available for questions. Councilman Dolan seconded the motion. Councilman Skinner stated for the record that the thought process behind this denial is not a straight out denial of the proposed use but that Council needs additional information for further consideration. Council requested that staff contact the applicant regarding the denial and the desire for the request to be re-submitted for consideration. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None - Mayor Hocutt declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-04-2467 - Approval of a Design Contract with Teague, Nail and Perkins for the McDonwell School Road and Precinct Line Road intersection improvements, in an amount not to exceed $82,500 Mayor Hocutt opened the public hearing and read Resolution R-04-2467 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-04-2467. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. - 10 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - 13. READING AND PUBLIC HEARING - Resolution R-04-2468 - Approval of the FY 2004-2005 City Council Work Initiatives Mayor Hocutt opened the public hearing and read Resolution R-04-2468 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Resolution R-04-2468, as revised during the Pre Council meeting. Councilman Skinner seconded the motion. City Manager Bill Lindley stated that the Council Work Initiatives will be placed on the website. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. ,- TABLED ITEMS: 14. 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. Mayor Hocutt recessed the meeting at 9:01 p.m. and reconvened at 9:18 p.m. 15. CONSIDERATION OF 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 Pro Tem Ayers moved to remove Ordinance 0-04-1482 from the table. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. - 11 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - Mayor Hocutt read the caption of Ordinance 0-04-1482. Mr. Bennett Ratliff, President, The Ratliff Group, LLC, Coppell, Texas, stated that environmental, lighting, noise and traffic consultants, as well as civil engineers will be providing information related to the development. Mr. Ratliff provided an overview of the timeline and process for requesting the zoning change for the proposed development and an outline of recent changes to the proposed ordinance related to landscaping, noise pollution, lighting, gateway to Colleyville, future development of the property if the zoning change is not approved, aesthetics of the development, underground storage tanks and potential impact on environment. Mr. Frank Malek, Director of Architecture, ServiceStar Development Company, 851 Hughes Lane, Milton, Colorado, provided an overview of the site line analysis. Mr. Howard McGregor, President, Engineering Dynamics, 3929 Calumet Street, Inglewood, Colorado, spoke regarding the off-site and on-site noise level, emission conditions associated with a garage and auto care facility and the impact on residential neighborhoods. - Ms. Christi Kokenauer, DeShazo & Tong, Traffic Engineer Associates, Inc., 400 South Houston Street, Dallas, Texas, spoke regarding the traffic impact study of the development. Mr. Ray Perryman, President and CEO, Perryman Group, Waco, Texas, spoke regarding the economic and fiscal impact of the proposed development. Mr. Terry Chris, Wright-Chris, Inc., Grand Prairie, Texas, spoke regarding the lighting site plans. Mr. John Lynch, Attorney representing ServiceStar Development, spoke regarding the enhancements, architectural features and landscaping of the proposed development. Mr. Mark DeRose, CEO, ServiceStar Development, spoke regarding the acquisition of the property, meetings with concerned citizens and the future development of the property if the zoning request is not approved. Mr. DeRose expressed appreciation to Council and staff for their assistance and consideration of this request. Mayor Hocutt opened the public hearing. Mr. Tom O'Brien, 7205 Balmoral Drive, spoke in opposition to the proposed ordinance and regarding meetings with the developer, the future development of the property and the future development along SH26. Mr. Stuart Mocilnikar, 7309 Pebble Hill, spoke in favor of the proposed ordinance. 12 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - Ms. Luann Edwards, 202 West Glade, spoke in favor of the proposed ordinance and regarding the aesthetics, landscaping and tax revenue benefit of the development. Mr. Jerry Boone, 7019 Rosebrook, spoke in opposition to the proposed ordinance and regarding trash, tire storage and off-street loading. Mr. Jim Graham, 6616 McMakin Court, spoke in favor of the proposed ordinance and regarding the gateway to the City. Ms. Jayne Roose, 7208 Belle Meade, spoke in favor of the proposed ordinance and r~garding the north and south gateway to the City. Mr. Curtis Young, 8003 Jefferson Circle, spoke in favor of the proposed development and regarding service on the SH26 Advisory Committee, guidelines for landscaping, site plans, image of the development, the development of SH26 and standards for SH26 as developed by the SH26 Advisory Committee. Mr. Norman Rice, 7205 Braemar Terrace, spoke in opposition to the proposed ordinance and regarding the noise level, the impact of the noise on the neighbors and the number of signatures on the petition in opposition to the development. .- Mr. Kipp Whitman, 3930 Glade Road, spoke in opposition to the proposed ordinance. Mr. Dennis Roe, 6800 Milton Drive, spoke in favor of the proposed ordinance and regarding EPA issues and the installation of underground petroleum tanks. Ms. Dana Feldman, 2204 Danbury Drive, spoke in opposition to the proposed ordinance and regarding an email from the developer's representatives related to a financial interest, economic development along SH26 and the commercial development of Colleyville. Mr. Jeffrey Byerly, 7109 Pebble Hill, spoke in favor of the proposed ordinance, provided a history of the zoning request through Planning and Zoning and spoke regarding the development and the Master Plan. Mr. Jim Burk, 7301 Thames Trail, spoke in opposition to the proposed ordinance. Mr. Jim Makens, 3908 Windemere, spoke in favor of the proposed ordinance. Mr. AI Silverberg, 7204 Thames Trail, spoke in opposition to the proposed ordinance and regarding the development of SH26, the Buxton Study, traffic flow, safety, lighting and potential crime. ,- Mr. John Terhoeve, 1204 Opal Court, spoke in favor of the proposed ordinance. 13 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - Mr. Louis Ninios, 7201 Thames Trail, spoke in opposition to the proposed ordinance. Mr. Keith Staudt, 7208 Belle Meade, spoke in favor of the proposed ordinance, reasons for support of the zoning request and regarding a survey conducted in the Pebble Hill Plantation subdivision. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke in favor of the proposed ordinance. Ms. Lucy Noonan Ninios, 7201 Thames Trail, spoke in opposition to the proposed ordinance and read a letter from her father, which outlined reasons for opposing the proposed ordinance. Mr. Stuart Moore, 2208 Collins Path, spoke in opposition to the proposed ordinance and the commercial development along SH26. Mr. Whitney Stark, 6615 Sapphire Circle, representing homeowners in the Sapphire Enclave subdivision spoke in opposition to the proposed ordinance. Ms. Noreen Houston, 1408 Douglas Avenue, spoke in opposition to the proposed ordinance and regarding future development in Colleyville. - Ms. Janice Cole, 103 Van Buren, spoke in opposition to the proposed ordinance and regarding meetings with the developers and hours of operation for Colleyville businesses. Mr. Urmesh Shah, 7305 Braemar Terrace, spoke in opposition to the proposed ordinance. Ms. Ginny Tigue, 4415 Meandering Way, spoke in opposition to the proposed ordinance and regarding the commercial development of Colleyville. Mayor Hocutt called for the vote on whether to continue the meeting past midnight. 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 12:01 a.m. and reconvened at 12:09 a.m. Ms. Amy Chapman, 7405 Braemar Terrace, spoke in opposition to the proposed ordinance and regarding the quality of life in Colleyville. - 14 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - Mr. John Lynch, 5301 Miramar Lane, spoke in favor of the proposed ordinance and regarding his service as a City Council member, the development of the north gateway to Colleyville and the commercial tax base. Mr. Dave Dudziak, 2301 Wilkes Court, spoke in favor of the proposed ordinance and regarding the history of the development process of the zoning request. Mr. Peter Streit, 7000 Gladwyne Court, spoke in favor of the proposed ordinance. Mr. Steve Magee, 6900 Shepherds Glen, spoke in favor of the proposed ordinance and regarding the allowed uses of the current zoning and the commercial development of SH26. Ms. Sue Jones, 7305 Pebble Hill Drive, spoke in opposition to the proposed ordinance and regarding the gateway to the northern entrance to Colleyville and the potential noise level. Mr. Kevin Wall, 7209 Thames Trail, spoke in opposition to the proposed ordinance and regarding Council's statements related to this zoning request. Ms. Donna Arp, 4731 Meandering Way, spoke in opposition to the proposed ordinance and regarding the commercial development of Colleyville. Ms. Karen Denton, 6623 Sapphire Circle, spoke in opposition to the proposed ordinance and regarding meetings with the developers of the proposed project. Mr. Richard Newton, 1298 Holly Lane, spoke regarding the City Council Work initiatives, the City budget, the responsibility of the Council and the development of the southern gateway to the City. Mr. Brant Atchley, 2216 Collins Path, spoke in opposition to the proposed ordinance and regarding sales tax revenue and spending habits of Colleyville families. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt read an email from Mr. Joe Parish, 105 Van Buren Court, stating opposition to the proposed ordinance. Councilman Rich Hendler spoke regarding a flyer that was delivered in the Colleyville Courier related to support of the proposed development, improvements to the proposed development, service on the City Council and Parks and Recreation Advisory Board and the economic development of the City. - 15 CITY COUNCIL MINUTES NOVEMBER 3, 2004 - Councilman Hart spoke regarding the residential component, the future development of the Dallas Area Rapid Transit railroad within the City, past comments regarding the proposed ordinance and potential bond election. City Attorney Ross Foster stated that the current zoning for Phast Phils is ML. The current zoning ordinance requires a Special Use Permit for gasoline sales in the ML Zoning District. The only reason Phast Phils was able to sell gas prior was the zoning ordinance was different at an earlier date. I don't recall when the ordinance was changed but it would have been able to continue had it had a continuous operation, but since it has been out of operation for six months, it has lost its nonconforming use status, therefore; you would have to go back and get a Special Use Permit in order to put gasoline sales in at that location. Mayor Hocutt spoke regarding economic development, the commercial development of the City and second use for businesses. Mayor Pro Tem Ayers commended the developer and the neighborhoods for their cooperation and the Planning and Zoning Commission and spoke regarding economic development, the future development of the property, the economic impact of the development and the development of SH26. ,- Mayor Pro Tem Ayers moved to deny Ordinance 0-04-1482. Councilman Skinner seconded the motion. Mayor Hocutt applauded the job of the past and current Planning and Zoning Commission for their efforts and time related to this zoning request. Councilman Dolan spoke regarding the economic viability of the proposed development, desire for quality developers and the potential tax revenue generated by this development. Councilman Skinner spoke regarding tax revenue, the Buxton Study, the renovation of SH26 and the future development of the property. Ayes: Councilpersons Skinner, Hart and Mayor Pro Tem Ayers Nays: Councilpersons Dolan and Hendler Mayor Hocutt declared the motion carried. REPORTS: 16. HISTORICAL PRESERVATION COMMITTEE MINUTES - September 14, 2004 - There was no action taken on this item. 16 CITY COUNCIL MINUTES NOVEMBER 3, 2004 ..- CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 3, 2004 _ Reading and Public Hearing - Resolution R-04-2469 This item was not needed. ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. - Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 1 :42 a.m. APPROVED THIS /~ ~ DAY OF P~~004. BY A VOTE OF -.5 AYES, 0 NAYS AND ABSTENTIONS. Cynthia Singleton, TRMC City Secretary ..- 17