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HomeMy WebLinkAboutCity Council-Minutes-11/16/2004 city Of Ie TexaS AGENDA CITY COUNCIL MEETING 100 MAIN STREET NOVEMBER 16, 2004 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM 6:15 P.M. - ZONING BOARD OF ADJUSTMENT APPLICANT INTERVIEWS PC-1. Update of the Senior Center PC-2. Presentation of the Monthly Financial Report PC-3. Presentation of the Quarterly Investment Report PC-4. 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-5. Discussion of November 16, 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 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 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 Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2470 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 3, 2004 b. Approval of the minutes of the Joint City Council and Ethics Commission Worksession of October 27, 2004 c. Approval of a donation of an oak tree from Goodacre Limited Partnership to be planted at Fire Station Number 3 d. Approval of a Policy for naming and renaming park lands and facilities e. Approval to vacate a 10-foot wide water easement on Lot 1, Block 1, Brown Trail, located at 4109 and 4201 Brown Trail, Case G-04-025 PUBLIC HEARINGS: 4. SECOND 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 5. SECOND 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 6. SECOND 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 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1490 - Approval to replace Ordinance 0-94-965, Chapter 94, Traffic and Vehicles, Maximum Prima Facie Speed Limit and School Safety Zones 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1491 - Approval to Repeal Ordinance 0-02-1382 and absolve the Ethics Commission 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1492 - Approval to Amend Ordinance 0-02-1372 relative to fees and reservations for the use of park athletic and recreation facilities 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1493 - Approval to amend Section 2 of Ordinance 0-04-1489 to authorize the expenditure of $45,000 for the printing of a Colleyville Historical Book 11. READING AND PUBLIC HEARING - Resolution R-04-2471 - Consideration of appointments to the Zoning Board of Adjustment 12. READING AND PUBLIC HEARING - Resolution R-04-2472 - Approval of establishing a Charter Review Committee, appointing members and selecting a reporting period 13. READING AND PUBLIC HEARING - Resolution R-04-2473 - Approval for the Colleyville Historical Committee to provide oversight of Bransford Park and other historical parks designated by City Council 14. READING AND PUBLIC HEARING - Resolution R-04-2474 - Ordering a Bond Election to be held in the City of Colleyville, Texas, on February 5,2005, making provisions for the conduct of the election and resolving other matters incident and related to such election 15. READING AND PUBLIC HEARING - Resolution R-04-2475 - Approval of a Contract with the Tarrant County Election's Administration for election services TABLED ITEMS: 16. CONSIDERATION OF 0-04-1474 - Approval of an Amendment to the PUD-C Ordinance 0-95-for Lot 1, Block 11, Longwood Estates at Ross Downs, 6.93 acres located at 7171 Colleyville Boulevard, Case Z-04-025 17 . CONSIDERATION OF 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 REPORTS: 18. TREE BOARD MINUTES - November 3, 2003 PARKS AND RECREATION ADVISORY BOARD MINUTES - September 13, 2004 CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 16, 2004 - Reading and Public Hearing - Resolution R-04-2476 ADJOURNMENT: 21. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 12, 2004, at 5:00 p.m. Cyt2~ TRM ~ 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 16, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 16, 2004, at 5:22 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Acting Police Chief Rodney Cunningham, Community Development Coordinator Clayton Husband, Finance Director Terry Leake, Director of Public Works Keith Fisher, Parks and Recreation Director Monica Walsh, Recreation Specialist Lisa Adan and City Secretary Cynthia Singleton were also present. '- Councilperson Tom Hart arrived at 5:25 p.m. PC-1. Update of the Senior Center Dwayne Brinkley of Brinkley Sargent Architects provided an overview of Phase I of the Colleyville Senior Center and answered questions of the Council. PC-2. Presentation of the Monthly Financial Report Finance Director Terry Leake presented the Monthly Financial Report and answered questions of the Council. PC-3. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report and answered questions of the Council. .- CITY COUNCIL MINUTES - NOVEMBER 16, 2004 PC-4. 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 It was determined that City Manager Bill Lindley would coordinate dates for the meetings. PC-5. Discussion of November 16, 2004, City Council regular agenda items There was discussion regarding Item 12 and the process for the appointments to the Colleyville Citizen's Charter Review Committee. Mayor Hocutt adjourned the meeting at 6:18 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 16, 2004, at 6:45 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, Public Works Director Keith Fisher, Community Development Coordinator Clayton Husband, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Stephen Seidel, 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 - 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 - CMPNJustice Center 2 CITY COUNCIL MINUTES NOVEMBER 16, 2004 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.074 - 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 6:47 p.m. and reconvened at 7:45 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic 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 - Councilman Skinner expressed appreciation to the SH26 Advisory Committee for their work and for attending a Joint Worksession with the Council related to the proposed bond election. Interim Police Chief Cunningham invited citizens to participate in the Citizens' Police Academy, which will be held in mid-February and to contact Officer Bill Hudgins for additional information. Mayor Hocutt invited citizens to attend the sixth annual Celebrate Colleyville event, which begins Saturday, November 27, at Colleyville City Hall with the lighting of the Holiday Tree and ends Saturday, December 4, with the traditional City event from 3:00 to 7:00 p.m. at the Colleyville Center. Councilman Hendler invited citizens to attend the Metroport Cities Partnership meeting on Thursday, November 18, 2004, at 7:30 a.m. at City Hall in the Council Chambers. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2470 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 3, 2004 - b. Approval of the minutes of the Joint City Council and Ethics Commission Worksession of October 27, 2004 3 CITY COUNCIL MINUTES NOVEMBER 16, 2004 - c. Approval of a donation of an oak tree from Goodacre Limited Partnership to be planted at Fire Station Number 3 d. Approval of a Policy for naming and renaming park lands and facilities e. Approval to vacate a 10-foot wide water easement on Lot 1, Block 1, Brown Trail, located at 4109 and 4201 Brown Trail, Case G-04-025 Mayor Hocutt opened the public hearing and read Resolution R-04-2470 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Resolution R-04-2470, with the amendment to the November 3, 2004 minutes, Item 9, page 8, "Councilman Skinner clarified that lines would not be buried along Pleasant Run Road but would be buried along John McCain Road". Councilman Hendler seconded the motion. ..~ Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1487 - 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. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Coordinator Clayton Husband provided an overview of the proposed amendment. Mr. Gary Pan no, applicant, 5500 Maple Lane, was present to answer questions of the Council. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1487. 4 CITY COUNCIL MINUTES NOVEMBER 16, 2004 ,,--, Councilman Skinner 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 0-04-1488 - 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. Mr. Bruce Scasta, applicant, 1828 Boyd Court, Carrollton, Texas, was present to answer questions of the Council. ,- Councilman Dolan moved to approve Ordinance 0-04-1488. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND 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. Lance Brown, 7302 Pebble Hill Drive and 321 McDonwell School Road, spoke in favor of the proposed ordinance and regarding funding sources for burying the power lines and the actions of the Pebble Hill Homeowner's Association. - Mr. David Fink, 6400 Ponderosa Lane, spoke in opposition to the proposed ordinance and regarding street maintenance and repair. 5 CITY COUNCIL MINUTES NOVEMBER 16, 2004 - Mr. Keith Staudt, 7208 Belle Meade, President of the Pebble Hill Homeowner's Association, representing 44 homeowners, spoke in favor of the proposed ordinance and the aesthetics of the Pebble Hill subdivision and regarding the bond proposal to bury power lines along SH26. Mr. Brent Johnson, 7209 Belle Meade Drive spoke in favor of the proposed ordinance. Ms. Sue Jones, 7305 Pebble Hill, expressed appreciation to the Council for their service and spoke in favor of the proposed ordinance. City Manager Bill Lindley stated that repairs to the power lines above or below ground is the responsibility of the electric provider. Discussion ensued regarding distribution lines and expansion of delivery services. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1489. Councilman Dolan seconded the motion. - Mayor Hocutt stated for the record, "In our discussions with TXU, we asked if we bore the cost of burying these lines at this time and if there was future demand on this particular tract of land or this particular strip we are talking about, would they bear the cost of burying those and in the meeting they agreed to doing such." 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 0-04-1490 - Approval to replace Ordinance 0-94-965, Chapter 94, Traffic and Vehicles, Maximum Prima Facie Speed Limit and School Safety Zones Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1490. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. - City Manager Bill Lindley provided an overview of the proposed ordinance and expressed appreciation to the citizens who served on the Traffic Safety Advisory Committee. 6 CITY COUNCIL MINUTES NOVEMBER 16, 2004 ,- 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1491 - Approval to Repeal Ordinance 0-02-1382 and absolve the Ethics Commission Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1491. Mr. Jim Moore, 1416 Glade Road, spoke in favor or the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1492 - Approval to Amend Ordinance 0-02-1372 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1492. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke in favor of the proposed ordinance and regarding the use of tennis courts. - Mr. Keith Staudt, 7208 Belle Meade, spoke regarding the establishment of the fees for use of athletic fields, exempting youth sports associations from fees throughout the year and regarding the reservation system for reserving the fields. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Parks and Recreation Director Monica Walsh provided information regarding the use of Reagan Park and the use of the athletic fields by the youth sports associations. Discussion ensued regarding the Colleyville Girl's Softball Association (CGSA) and the Colleyville Baseball Association's (CBA) regular and post season play and the costs associated with using practice fields. Council requested information regarding the CGSA and CBA regular and post season play and tournament schedule. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1493 - Approval to amend Section 2 of Ordinance 0-04-1489 to authorize the expenditure of $45,000 for the printing of a Colleyville Historical Book Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1493. ,- 7 CITY COUNCIL MINUTES NOVEMBER 16, 2004 ,- Ms. Lila Coley, 401 Shelton Drive, representing the Historical Preservation Committee, spoke in favor of the proposed resolution and regarding the 20th Anniversary Colleyville History Book and the 50th Anniversary Colleyville History Book, and stated that proceeds from the sale of the 50th Anniversary Colleyville History Book will be used to reimburse the City for printing costs. Ms. Coley distributed an outline of the History Book to the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers spoke regarding the development and funding of the 50th Anniversary Colleyville History Book. 11. READING AND PUBLIC HEARING - Resolution R-04-2471 - Consideration of appointments to the Zoning Board of Adjustment Mayor Hocutt opened the public hearing and read Resolution R-04-2471 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. -- Mayor Hocutt opened the floor for nominations for Alternate 1. Mayor Hocutt nominated Larry Knox. There were no other nominations and Larry Knox was appointed as Alternate 1 of the Zoning Board of Adjustment by acclamation. Mayor Hocutt opened the floor for nominations for Alternate 2. Mayor Hocutt nominated Uton Dellosso. Councilman Hendler nominated Steven Jackson. Mayor Hocutt called for the vote. Uton Dellosso: Steven Jackson: Councilpersons Skinner, Hart and Mayor Pro Tem Ayers Councilpersons Dolan and Hendler Mayor Hocutt declared Uton Dellosso appointed as Alternate 2 to the Zoning Board of Adjustment. -, Councilman Skinner moved to approve Resolution R-04-2471, appointing Larry Knox as Alternate 1 and Uton Dellosso as Alternate 2 to the Zoning Board of Adjustment. 8 CITY COUNCIL MINUTES NOVEMBER 16, 2004 ,- Councilman Hendler seconded the motion. Mayor Hocutt expressed appreciation to the citizens for applying for the positions. 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-04-2472 - Approval of establishing a Charter Review Committee, appointing members and selecting a reporting period Mayor Hocutt opened the public hearing and read Resolution R-04-2472 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. -- Mayor Hocutt announced that the Council determined that the Colleyville Citizens Charter Review Committee would consist of nine members and three of the original Charter Committee members, Jim Moore, Louis Miller and Frank Whitmire, would be appointed. He further stated that each Councilmember would present a nominee for confirmation. Councilman Skinner nominated Steve Magee. Councilman Dolan nominated Richard Newton. Mayor Hocutt nominated Brad Rice. Councilman Hendler nominated Ed Baker. Mayor Pro Tem Ayers nominated Linda Bond. Councilman Hart nominated Mike Taylor. Mayor Hocutt nominated Jim Moore as Temporary Chairman and the motion was approved by acclamation. Mayor Pro Tem Ayers moved to approve R-04-2472, appointing Jim Moore, Louis Miller, Frank Whitmire, Steve Magee, Richard Newton, Brad Rice, Ed Baker, Linda Bond and Mike Taylor to the Colleyville Citizens Charter Review Committee. -- Councilman Dolan seconded the motion. 9 CITY COUNCIL MINUTES NOVEMBER 16, 2004 ,- Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2473 - Approval for the Colleyville Historical Committee to provide oversight of Bransford Park and other historical parks designated by City Council Mayor Hocutt opened the public hearing and read Resolution R-04-2473 in its entirety. Ms. Connie Hampton, 5804 Pleasant Run Road, 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. Discussion ensued regarding the role of the Parks and Recreation Advisory Board and the Historical Preservation Committee related to the oversight of Bransford Park. - Mayor Pro Tem Ayers moved to approve Resolution R-04-2473 Councilman Skinner seconded the motion. Discussion ensued regarding a joint meeting of the Parks and Recreation Advisory Board and the Historical Preservation Committee regarding Bransford Park. Mayor Hocutt opened the public hearing to allow citizens to speak. Ms. Connie Hampton, 5804 Pleasant Run Road, requested that the Historical Preservation Committee provide the Parks and Recreation Advisory Board information regarding the oversight of Bransford Park. Ms. Lila Coley, 401 Shelton Drive, spoke regarding the oversight and development of Bransford Park. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt recessed the meeting at 9:31 p.m. and reconvened 9:41 p.m. - 10 CITY COUNCIL MINUTES NOVEMBER 16, 2004 - 14. READING AND PUBLIC HEARING - Resolution R-04-2474 - Ordering a Bond Election to be held in the City of Colleyville, Texas, on February 5,2005, making provisions for the conduct of the election and resolving other matters incident and related to such election Mayor Hocutt opened the public hearing and read Resolution R-04-2474 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in opposition to Proposition 6 and the wording of Proposition 6. Mr. David Fink, 6400 Ponderosa Lane, spoke in opposition to Proposition 6, the structure of the ballot, the proposed Senior Center, operating costs of new City facilities, maintaining and lighting SH26 and the structure of the ballot. Ms. Linda Baker, 4900 Behrens Road, spoke regarding delinquent school district and City taxes, increase in taxes, the language and structure of the ballot and the economics of the community. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke regarding economic development, Proposition 6, the development of McPherson Park and a Public Improvement District (PI D). - Mr. Mike Taylor, 5209 Coventry Place, expressed appreciation for the appointment to the Colleyville Charter Review Committee and regarding the funding for burying the power lines. Ms. Ginny Tigue, 4415 Meandering Way, spoke in favor of the proposed Resolution and regarding the improvement and upgrade of SH26. Mr. Curtis Young, 8003 Jefferson Circle, spoke in favor of the proposed Resolution and regarding service on the SH26 Advisory Committee and the improvement of SH26. Mr. Keith Staudt, 7208 Belle Meade, spoke regarding the denial of the ServiceStar project, the future development of the City and in opposition to the proposed resolution. Ms. Dee McNosky, 5108 Pleasant Run and SH26 Advisory Committee member, spoke in favor of the proposed resolution and the development of SH26. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. - City Manager Bill Lindley stated that literature regarding the bond propositions would be distributed in a newsletter, on the website and cable channel and during meetings with civic groups and clubs. 11 CITY COUNCIL MINUTES NOVEMBER 16, 2004 -- Public Works Director Keith Fisher stated that Proposition 1 includes all "D" and "F" rated streets. City Manager Bill Lindley stated that the information provided to residents will include the tax implication for citizens. Mr. Ed Esquivel of Fulbright and Jaworski, LLP, provided information related to the ballot language. Mr. Jim Sabonis, First Southwest Company, provided an overview of the tax implication of the propositions. Mayor Hocutt stated that the land is included in the principal amount of Proposition 4. Discussion ensued regarding the tax implication of the propositions, the timing for funding the projects, current tax rate and the limitation on the tax rate. Councilman Skinner moved to approve Resolution R-04-2474. Mayor Pro Tem Ayers seconded the motion with a friendly amendment to Proposition 6, page three, third line, substitute: "burying power lines" for "street improvements", -- Mr. Ed Esquivel stated that the authority for which the bonds are being issued is street improvements and recommended that the Proposition 6 ballot language read: ., . street improvements (Colleyville Boulevard burying utility lines.. .). Mayor Pro Tem Ayers stated that the Proposition 6 ballot language should read: street improvements (Colleyville Boulevard burying utility lines.. .). Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Dolan Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-04-2475 - Approval of a Contract with the Tarrant County Election's Administration for election services Mayor Hocutt opened the public hearing and read Resolution R-04-2475 in its entirety. ,- There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 12 CITY COUNCIL MINUTES NOVEMBER 16, 2004 - Councilman Skinner moved to approve Resolution R-04-2475. 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. TABLED ITEMS: 16. CONSIDERATION OF 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 Mayor Pro Tem Ayers moved to remove Ordinance 0-04-1474 from the table. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None ,- Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1474. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Coordinator Clayton Husband provided an overview of the proposed amendment. Mayor Hocutt read an email from Craig Wozniak, 7004 Coleman Court, supporting the proposed ordinance. Public Works Director Keith Fisher provided information regarding the installation of a traffic light at the intersection of SH26 and Longwood Street. Councilman Skinner expressed appreciation to Public Works Director Keith Fisher for obtaining approval for the traffic light and SH26 and Longwood Street. - 13 CITY COUNCIL MINUTES NOVEMBER 16, 2004 ,- Mr. Tom Matthews, 726 Commerce Street, Southlake, representing the owner of the property, expressed appreciation to Public Works Director Keith Fisher, Bill Lindley, Barry LeBaron and Clayton Husband for their effort to obtain approval from TxDOT to install a traffic light at SH26 and Longwood Street and was present to answer questions of the Council. Discussion ensued regarding the retail development of the project and sales tax revenue. Mr. Bill Peevey, Cloudloft Investments, Dallas, Texas, spoke regarding the development of the project and landscaping and was present to answer questions of the Council. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1474, with the amendment that Section 2c. read: The use of the buildings on Lots 1 and 2, as shown on Exhibit "B", shall be restricted to sales tax generating uses, and shall not be used for office uses for two (2) years from the date of the issuance of the first certificate of occupancy for an office use; and Section 8c to read: All utility services internal within the development shall be buried underground. Councilman Skinner seconded the motion ,- Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 17. CONSIDERATION OF 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 Pro Tem Ayers moved to remove Ordinance 0-04-1484 from the table. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1484. - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 14 CITY COUNCIL MINUTES NOVEMBER 16, 2004 - Mr. Jackie Fluid, GSW Engineers, 3950 Fossil Creek Boulevard, Fort Worth, representing the owner, was present to answer questions of the Council. Discussion ensued regarding fire protection of the property and signage. Mr. Howard Lawson, applicant, 7411 Hines Place, Suite 100, Dallas, Texas, spoke regarding the elevation of the building, setback, sales tax revenue and answered questions of the Council. Mayor Hocutt called for a vote on whether to continue the meeting past midnight. Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Council person Skinner Mayor Hocutt declared the motion carried. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1484, as drawn by the developer, with the building located just west of the emergency access with parking spaces in front, along the 30 foot easement. Councilman Hart seconded the motion. - Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: Councilman Hendler Mayor Hocutt declared the motion carried. REPORTS: 18. TREE BOARD MINUTES - November 3,2003 PARKS AND RECREATION ADVISORY BOARD MINUTES - September 13, 2004 There was no action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. David Fink, 6400 Ponderosa Lane, spoke regarding the development of SH26 and the impact on businesses, the speed limit and utility line location. - 15 CITY COUNCIL MINUTES NOVEMBER 16, 2004 -- ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 16, 2004 _ Reading and Public Hearing - Resolution R-04-2476 This Resolution was not needed. ADJOURNMENT: 21. 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 12:19 a.m. - APPROVED THIS ..!5 AYES, ~~ DAY OF Owmt.uu 2004, BY A VOTE OF D NAYS AND Q ABSTENTIONS. Minutes taken and prep ed by: 41~ · t-Io~ Cynthia Singleton, TRM City Secretary - 16