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HomeMy WebLinkAboutCity Council-Minutes-2/15/2005 city of 1'e~as AGENDA CITY COUNCIL WORKSESSION AND CITY COUNCIL MEETING 100 MAIN STREET FEBRUARY 15, 2005 4:45 P.M. - WORKSESSION EXECUTIVE CONFERENCE ROOM 1. Call to Order 2. Review, discussion and interview of law firms for the purpose of providing legal services to the City of Colleyville 3. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.074- Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson law firms, for the purpose of providing legal services to the City of Colleyville 4. Adjournment 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1. Presentation of the Colleyville Citizen's City Charter Review Committee Recommendations PC-2. Presentation of the Monthly Financial Report 100 MAIN STREET COLLEYVILLE. TEXAS 76034 (817) 503-1000 PC-3. Presentation of the Quarterly Investment Report PC-4. Discussion of the 2005 Bond Election PC-5. Discussion of the February 15, 2005, 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. 551.072 - Sec. 551.072 - Sec. 551.074 - Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson for the purpose of providing legal services to the City of Colleyville 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: Assistant City Manager Paul Frederiksen 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PRESENTATION - In recognition of Parks Maintenance staff for receiving the Texas Turfgrass Association "Soccer Field of the Year" Award presented by Rick Parker, President of Texas Turfgrass CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2512 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 1, 2005 b. Approval of the minutes of the City Council Worksession of January 24, 2005 c. Approval of the minutes of the City Council Worksession of January 27, 2005 d. Approval of the minutes of the City Council Worksession of January 31, 2005 e. Approval of a Preliminary Plat of Pine Hill Estates, 3.7 acres located at 1209 Tinker Road, Case P-05-003 f. Approval of a Contract with Integra Realty Resources DFW, LLP, for appraisal services for the Glade Road / Heritage Avenue Intersection Project, in an amount of $27,750 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1509 - Approval of an Amendment to Chapter 18 and Chapter 22 of the Colleyville Code of Ordinances regarding adoption of the 2003 Edition of the International Building Code, International Residential Code and International Energy Conservation Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments and establishing a contractor's board of appeals, Case G-05-002 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1510 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding the adoption of the 2003 edition of the International Plumbing Code and the 2000 edition of the International Fuel Gas Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-004 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1511 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2002 Edition of the National Electrical Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-003 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1512 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding the adoption of the 2003 edition of the International Mechanical Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-005 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1513 - Approval of an Amendment to Chapter 10 of the Land Development Code regarding Private Streets and Entrance Gates, Case G-04-020 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1514 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Drive West, Case Z-05-005 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1515 - Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision 11. READING AND PUBLIC HEARING - Resolution R-05-2513 - Consideration of appointments to the Colleyville Tree Board 12. READING AND PUBLIC HEARING - Resolution R-05-2514 - Consideration of appointment to the Park Land Dedication Committee 13. READING AND PUBLIC HEARING - Resolution R-05-2515 - Acceptance of the Colleyville Citizen's City Charter Review Committee Recommendations 14. READING AND PUBLIC HEARING - Resolution R-05-2516 - Canvassing the returns and declaring the results of the Bond Election held February 5, 2005 TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-05-1506 - Approval of a Zoning Change from AG to R40 and R20 on 4 acres, Abstract 1692, Tract 2D1 B of the J. White Survey, located at 512 Shelton Drive, Case Z-04-042 16. CONSIDERATION OF ORDINANCE 0-05-1507- Approval of a Zoning change from AG to R40 on 10 acres, Abstract 1692, Tract 2D1 C of the J. White Survey, located a 600 Shelton Drive, Case Z-04-043 17. CONSIDERATION OF RESOLUTION R-05-2510 - Approval of the Appointment of a City Attorney REPORTS: 18. COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - January 19, 2005 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - January 26, 2005 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - February 2, 2005 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 FEBRUARY 15, 2005 - Reading and Public Hearing - Resolution R-05-2517 ADJOURNMENT: 21. ADJOURNMENT I hereby certify the above a enda was posted on the bulletin boards at City Hall on Friday, February 11, 2005, 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 WORKSESSION AND CITY COUNCIL MEETING FEBRUARY 15, 2005 The Worksession of the Colleyville City Council was called to order by Mayor Hocutt on February 15, 2005, at 4:48 p.m. ROLL CALL: Councilpersons Elaine Dolan, Mark Skinner, Rich Hendler, Tom Hart and Mayor Pro Tern Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen and City Secretary Cynthia Singleton were also present. - Matthew Boyle of Boyle & Lowry was also present. 2. Review, discussion and interview of law firms for the purpose of providing legal services to the City of Colleyville 3. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.074- Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson law firms, for the purpose of providing legal services to the City of Colleyville Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, 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 4:50 p.m. and reconvened at 5:25 p.m. 4. Adjournment ....-. Mayor Hocutt adjourned the meeting at 5:27 p.m. CITY COUNCIL MINUTES FEBRUARY 15, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 15, 2005, at 5:28 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tern Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Public Works Director Keith Fisher, Financial Analyst Kacey Bess, Parks and Recreation Director Monica Walsh and City Secretary Cynthia Singleton were also present. PC-1. Presentation of the Colleyville Citizen's City Charter Review Committee Recommendations Mr. Jim Moore, Chairman of the Colleyville Citizen's City Charter Review Committee, provided an overview of the proposed amendments to the City Charter and suggested that the amendments be presented to the voters during the May 7,2005 election. J"""" Mr. Moore commended Committee members, Ed Baker, Steve Magee, Brad Rice, Frank Whitmire, Linda Bond, Louis Miller, Richard Newton and Mike Taylor and expressed appreciation for their service on the committee and expressed gratitude to City Manager Bill Lindley and Financial Analyst Kacey Bess for their administrative support. There was general discussion regarding the proposed amendments, public informational meetings, timeline for presenting the proposed changes to the voters and the ballot structure. Council determined that a Worksession would be held March 1, 2005, at 4:45 p.m. in the Executive Conference Room, for the purpose of discussing the proposed City Charter amendments and an item would be placed on the March 1, 2005, City Council agenda for calling an election to present the proposed amendments to the voters. PC-2. Presentation of the Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-3. Presentation of the Quarterly Investment Report The meeting was adjourned prior to this item being discussed. 2 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - PC-4. Discussion of the 2005 Bond Election The meeting was adjourned prior to this item being discussed. PC-5. Discussion of the February 15, 2005, City Council regular agenda items Discussion ensued regarding Agenda Items 15 and 16 and the request from developer David Bagwell to withdraw the zoning application. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:50 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 15, 2005, at 7:06 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tern Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Building Inspection Supervisor Eddie Edwards, Public Works Director Keith Fisher, Financial Analyst Kacey Bess, Parks and Recreation Director Monica Walsh, Parks Superintendent Tim Hightshoe, Sports Turf Technician Troy Crawford, Parks Maintenance Worker James Boston and City Secretary Cynthia Singleton were also present. - 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.072 - Sec. 551.072 - Sec. 551.074- Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Interview and Discussion of Boyle & Lowry, Brown & Hofmeister and Fanning Harper & Martinson for the purpose of providing legal services to the City of Colleyville Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.072, Property and Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:08 p.m. and reconvened at 7:35 p.m. 3 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - The invocation was given by Councilman Mark Skinner and Assistant City Manager Paul Frederiksen led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Hendler stated that he and City Manager Bill Lindley attended the Texas Municipal League AAMC Conference in Austin, Texas. Mayor Pro Tern Ayers commended Parks and Recreation Department staff for hosting the Daddy-Daughter Cinderella Ball. Mr. Rick Parker, President of Texas Turfgrass, presented the Texas Turfgrass Association "Soccer Field of the Year" Award to Parks Maintenance staff. Mayor Hocutt expressed appreciation to parks staff for the excellent maintenance of the athletic fields. ,- CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2512 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 1, 2005 b. Approval of the minutes of the City Council Worksession of January 24, 2005 c. Approval of the minutes of the City Council Worksession of January 27, 2005 d. Approval of the minutes of the City Council Worksession of January 31, 2005 e. Approval of a Preliminary Plat of Pine Hill Estates, 3.7 acres located at 1209 Tinker Road, Case P-05-003 f. Approval of a Contract with Integra Realty Resources DFW, LLP, for appraisal services for the Glade Road / Heritage Avenue Intersection Project, in an amount of $27,750 Mayor Hocutt opened the public hearing and read Resolution R-05-2512 in its entirety. 4 CITY COUNCIL MINUTES FEBRUARY 15, 2005 ,...-... There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner stated that a map related to the Glade Road/Heritage Avenue Intersection Project is on display in the foyer. Public Works Director Keith Fisher provided information related to the contract with Integra Realty Resources DFW, LLP, the delivery time and the right-of-way negotiations with the property owners. Councilman Hendler moved to approve Resolution R-05-2512. Councilman Dolan seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Pro Tern Ayers moved to consider items 15 and 16 and remove items from table. - Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1509 - Approval of an Amendment to Chapter 18 and Chapter 22 of the Colleyville Code of Ordinances regarding adoption of the 2003 Edition of the International Building Code, International Residential Code and International Energy Conservation Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments and establishing a contractor's board of appeals, Case G-05-002 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1509. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. ,- Councilman Skinner moved to approve Ordinance 0-05-1509. 5 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1510 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding the adoption of the 2003 edition of the International Plumbing Code and the 2000 edition of the International Fuel Gas Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1510. 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 Ordinance 0-05-1510. ~- Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1511 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding adoption of the 2002 Edition of the National Electrical Code, with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-003 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1511. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Ordinance 0-05-1511. Councilman Hart seconded the motion. 6 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1512 - Approval of an Amendment to Chapter 18 of the Colleyville Code of Ordinances regarding the adoption of the 2003 edition of the International Mechanical Code with the local amendments recommended by the Regional Codes Committee of the North Central Texas Council of Governments, Case G-05-005 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1512. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided a history of the updates of the Codes. - City Manager Bill Lindley introduced and commended Code Enforcement Supervisor Eddie Edwards for his work in updating the Codes. Councilman Hart moved to approve Ordinance 0-05-1512. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1513 - Approval of an Amendment to Chapter 10 of the Land Development Code regarding Private Streets and Entrance Gates, Case G-04-020 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1513. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. - Discussion ensued regarding the minimum number of lots required for gated communities and the marketing of gated subdivisions. 7 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - Community Development Manager Barry LeBaron stated that the proposed ordinance is applicable to any new developments after the initial adoption of the ordinance in 1998. City Manager Bill Lindley stated that a positive fiscal benefit of gated communities is that the maintenance of streets is the responsibility of the communities. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1514 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Drive West, Case Z-05-005 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1514. Ms. Kim Nash, applicant, 5512 Valley View Drive West, provided a history of the property and spoke regarding the request for a Special Use Permit for an accessory building and answered questions of the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1515 - Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1515. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 11. READING AND PUBLIC HEARING - Resolution R-05-2513 - Consideration of appointments to the Colleyville Tree Board Mayor Hocutt opened the public hearing and read Resolution R-05-2513 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler expressed appreciation to the Colleyville Tree Board members and their contribution to making Colleyville a Tree USA City. Councilman Hendler moved to approve Resolution R-05-2513. - Mayor Pro Tern Ayers seconded the motion. 8 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-05-2514 - Consideration of appointment to the Park Land Dedication Committee Mayor Hocutt opened the public hearing and read Resolution R-05-2514 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-05-2514. Mayor Pro Tern Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None - Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-05-2515 - Acceptance of the Colleyville Citizen's City Charter Review Committee Recommendations Mayor Hocutt opened the public hearing and read Resolution R-05-2515 in its entirety. Mr. Jim Moore, Colleyville Citizen's City Charter Review Committee Chairman, 1416 Glade Road, commended the Colleyville Citizen's City Charter Review Committee members, Ed Baker, Linda Bond Steve Magee, Louis Miller, Mike Taylor, Richard Newton, Frank Whitmire and Brad Rice, for the development of the proposed amendments to the Charter and provided an overview of the proposed Charter amendments. Mr. Mike Taylor, Colleyville Citizen's City Charter Review Committee member, 5209 Coventry Place, provided information related to the proposed Charter amendments to and expressed gratitude to Council for the opportunity to serve. - Mr. Brad Rice, Colleyville Citizen's City Charter Review Committee, 2707 Meadowview Drive, expressed appreciation to the Council for the opportunity to serve on the Committee and to Chairman Jim Moore for his leadership as Chairman and provided information related to the proposed amendments to the City Charter. 9 CITY COUNCIL MINUTES FEBRUARY 15, 2005 .,..-. 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-05-2515. Councilman Dolan seconded the motion. Councilman Dolan expressed appreciation to Mr. Jim Moore for efficiency and cooperation of the Committee. City Manager Bill Lindley stated that the Committee provided a detailed overview of the proposed amendments during the Pre Council meeting. Mayor Hocutt expressed appreciation to the Committee members for their time and work. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. - 14. READING AND PUBLIC HEARING - Resolution R-05-2516 - Canvassing the returns and declaring the results of the Bond Election held February 5, 2005 Mayor Hocutt opened the public hearing and read Resolution R-05-2516 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt called for the vote. Councilman Mark Skinner: Aye Councilman Elaine Dolan: Aye Councilman Rich Hendler: Aye Councilman Tom Hart: Aye Mayor Pro Tern Jon Ayers: Aye Mayor Hocutt declared the motion carried. - TABLED ITEMS: 15. CONSIDERATION OF ORDINANCE 0-05-1506 - Approval of a Zoning Change from AG to R40 and R20 on 4 acres, Abstract 1692, Tract 2D1 B of the J. White Survey, located at 512 Shelton Drive, Case Z-04-042 10 CITY COUNCIL MINUTES FEBRUARY 15, 2005 ",,- Items 15 and 15 were considered in the fourth position of the agenda items. Mayor Hocutt read a letter from Mr. David Bagwell, Lotsmith, applicant, 8222 Douglas Avenue, Dallas, Texas, withdrawing the zoning application for Item 16, Ordinance 0-05- 1507, Case Number Z-04-043. Mayor Hocutt read a letter from Mr. Jerry Chism, 3754 Tamarack Court, Fort Worth, Texas, property owner, requesting reinstatement of Item 16, Ordinance 0-05-1507 and requesting that Council vote on this item. Community Development Manager Barry LeBaron stated that the application is cosigned by the applicant and property owner and both have equal standing regarding the request. Councilman Hart moved to remove Ordinance 0-05-1506 from the table. Mayor Pro Tern Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None - Mayor Hocutt declared the motion carried. Councilman Skinner moved to remove Ordinance 0-05-1507 from the table. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt stated that Items 15 and 16 will be considered together. Mayor Hocutt read the captions of Ordinance 0-05-1506 and 0-05-1507. Mr. Jerry Chism, 3754 Tamarack Court, Fort Worth, Texas, property owner, provided information related to proposed Ordinance 0-05-1507 and his request to proceed with the pending application and for Council to take action, and answered questions of the Council. Mayor Hocutt opened the public hearing for Ordinance 0-05-1506 and Ordinance 0-05- 1507. 11 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - Mr. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to R20 zoning and regarding density, neighborhood setting, property development by Mr. Bagwell, future development of the property and regarding his offer to purchase the property. Mr. Bryan Hill, 112 Bedford Road, Suite 116, Bedford, Texas, representing Mike and Mary Rettig, requested that Council take action on Ordinance 0-05-1506 and rezone the property to R40. Mr. Charles Hudgins, 6503 Emerald Drive, stated he is building a home at 700 Shelton Drive and spoke in opposition to R20 zoning. Ms. Theresa Vanderpool, 601 Shelton Drive, spoke regarding the neighborhood and in favor of R40 zoning. Mr. Lee Rimmer, 508 Beverly Drive, spoke in favor of R40 zoning and the rural feel of neighborhood. Mr. Tim Gleason, 600 Beverly Drive, spoke regarding the City's Masterplan, density and in opposition to R20 zoning. Ms. Marcell Gleason, 600 Beverly Drive, spoke in favor of R40 zoning. ,..- Mr. Gary Friedman, 6304 L.D. Lockett, spoke in opposition to R20 zoning. Ms. Michelle Poblenz, 705 Shelton Drive, spoke in opposition to R20 zoning. Mr. Greg Winslow, 3916 Wayne Drive, spoke in opposition to R20 zoning. Mr. Twyla Kerlee, 800 Shelton Drive, spoke in opposition to R20 zoning. Ms. Dinah Stephen, 612 Shelton Drive, spoke in opposition to R20 zoning. Mr. Bill Stephens, 612 Shelton Drive, spoke in opposition to R20 zoning. Ms. Madelyn Norvel, 701 Shelton Drive, opposition to R20 zoning. Mr. Fred Rice, 6103 Hunter Lane, spoke in opposition to R20 zoning and in favor of R40 zoning. Mr. Philip Yoes, 6113 Hunter Lane, spoke in opposition to R20 zoning. Mr. Blaine Stratton, 5309 Montclair, requested that Council allow Mr. Bagwell time to arrive to speak. - Mr. Tom Panino, 6110 Hunter Lane, spoke in opposition to R20 zoning. 12 CITY COUNCIL MINUTES FEBRUARY 15, 2005 - Ms. Kathryn Day, 512 Shelton Drive, spoke in opposition to R20 zoning. Mr. James Day, 805 Shelton Drive, spoke in opposition to R20 zoning and in favor of Mr. Vanderpool's plan to purchase the property and develop as for R40 zoning. Ms. Michelle de Jong, 605 Beverly Drive, spoke regarding the rural atmosphere and in opposition to R20 zoning. Mr. Wade Evans, 800 Shelton Drive, spoke in opposition to R20 zoning. Mr. C.L. Madden, 6112 Hunter Lane, spoke in opposition to R20 zoning. Mr. John Paul Burnett, 601 Beverly Drive, spoke in opposition R20 zoning and regarding zoning beyond R40 and estate lots. Mr. Bill Lothrup, 609 and 607 Shelton Drive, spoke in opposition to R20 zoning. Mr. Mike Taylor, 5209 Coventry Place, spoke regarding the ability of Council to up-zone property. - Mr. Ken Adair, 777 Main Street, Fort Worth, Texas, requested Council to zone Mr. and Mrs. Rettig's property R40. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. David Bagwell, applicant, 8222 Douglas Avenue, Dallas, Texas, spoke regarding the ability of Council to alter the zoning application for Ordinance 0-05-1506 and his request to withdraw his application for Ordinance 0-05-1507. Community Development Manager Barry LeBaron provided information regarding up- zoning and the citizen petition in opposition to R20 zoning. Mayor Hocutt recessed the meeting at 8:43 p.m. and reconvened at 9:03 p.m. Mayor Pro Tern Ayers moved, on the basis of information received from the City Manager, to deny Ordinance 0-05-1506. Councilman Skinner seconded the motion. Mayor Hocutt suggested that Council expedite the process and waive the fees if the applicant reapplies for R40 zoning. Mayor Pro Tern Ayers and Councilman Skinner accepted the friendly amendment. - 13 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Mr. Bryan Hill, 112 Bedford Road, Bedford, Texas, representing Mike and Mary Rettig spoke regarding the desires of Mr. and Mrs. Rettig and answered questions of the Council. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. 16. CONSIDERATION OF ORDINANCE 0-05-1507- Approval of a Zoning change from AG to R40 on 10 acres, Abstract 1692, Tract 2D1C of the J. White Survey, located a 600 Shelton Drive, Case Z-04-043 Mayor Pro Tern Ayers moved to approve Ordinance 0-05-1507. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None ,- Mayor Hocutt declared the motion carried. 17. CONSIDERATION OF RESOLUTION R-05-2510 - Approval of the Appointment of a City Attorney Mayor Hocutt opened the public hearing and read Resolution R-05-2510 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 remove Resolution R-05-2510 from the table. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. Councilman Skinner moved to approve Resolution R-05-2510 appointing the legal firm of Boyle & Lowry. -- 14 CITY COUNCIL MINUTES FEBRUARY 15, 2005 Councilman Dolan seconded the motion, with the amendment to add Matthew Boyle as City Attorney. Councilman Skinner accepted the friendly amendment. Mayor Pro Tern Ayers commended the Council for their work during the search for a legal firm. Mayor Hocutt expressed appreciation to the Council for their work and to all of the legal firms for their interest. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Hocutt declared the motion carried. REPORTS: 18. COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - January 19, 2005 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - January 26, 2005 .- COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE - February 2, 2005 There was not action taken on this item. CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 15, 2005 - Reading and Public Hearing - Resolution R-05-2517 This item was not needed. _....,-., 15 CITY COUNCIL MINUTES FEBRUARY 15, 2005 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 Tern Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 10: 19 p.m. APPROVED THIS / sr DAY OF ~ f'J./Y!-, 2005, BY A VOTE OF '$/ AYES, 0 NAYS AND () L ABSTENTIONS. - - 16