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Home My WebLink AboutCity Council-Minutes-3/1/2005 city of e Texa 5 CITY COUNCIL WORKSESSION AND CITY COUNCIL MEETING 100 MAIN STREET MARCH 1, 2005 4:45 P.M. - WORKSESSION EXECUTIVE CONFERENCE ROOM 1. Call to Order 2. Discussion of proposed City Charter Amendments 3, Adjournment 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1. Discussion of proposed City Charter Amendments and Election PC-2. Update of Economic Development Initiatives PC-3. Discussion of the 2005 Bond Election PC-4. Discussion of the March 1, 2005, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 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. 551.071 - Sec. 551.072 - Sec. 551.072 - INVOCATION: 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 Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Associate Pastor Eric Vaughan, First Baptist Church 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 PLAQUES - In recognition of service on the Tree Board - Donna Kauffman, David Bowden, Raman Chandler, Peter O'Brien and Chuck Thomas PROCLAMATION - In recognition of Harold "Snuffy" Chancellor's induction into the Texas Rodeo Cowboy Hall of Fame PROCLAMATION - In recognition of Severe Weather Awareness Week - March 6-12, 2005 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2518 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 15, 2005 b. Approval of the minutes of the City Council Worksession of February 7, 2005 c. Approval of a Contract for the purchase and delivery of replacement chairs for the Colleyville Center, using Colleyville Economic Development Corporation funds, in an amount not to exceed $34,807 d. Approval of a donation of trees for Westmont Trail from David Bagwell PUBLIC HEARINGS: 4. SECOND 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 5. SECOND 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 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1515 - Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision 7. READING AND PUBLIC HEARING - Resolution R-05-2519 - Approval of a Waiver of perimeter street improvement requirements on Fry Lane, Case G-05- 007 8. READING AND PUBLIC HEARING - Resolution R-05-2520 - Approval of a Construction Contract with JLB Contracting, LP, for the construction of the McDonwell School Road Paving and Drainage Improvements, in the amount of $802,648 9. READING AND PUBLIC HEARING - Resolution R-05-2521 - Approval of a Resolution of the City Council of the City of Colleyville, Texas, calling an Election to be held on May 7, 2005, in the City of Colleyville, Tarrant County, Texas, for the purpose of submitting to the qualified voters of the City of Colleyville the adoption or rejection of proposed amendments to the existing City Charter; designating the official polling places and appointing election officials; prescribing the form of the ballot; providing for notice of the Election; and providing generally for the conduct of the Election 10. READING AND PUBLIC HEARING - Resolution R-05-2522 - Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Bransford Road and John McCain Road, in an amount not to exceed $160,000 REPORTS: 11. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 15, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - January 3,2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 24, 2005 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 1, 2005 _ Reading and Public Hearing - Resolution R-05-2523 ADJOURNMENT: 14. ADJOURNMENT 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 MARCH 1, 2005 The Worksession of the Colleyville City Council was called to order by Mayor Hocutt on March 1, 2005, at 4:55 p.m. ROLL CALL: Councilpersons Elaine Dolan, Mark Skinner, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul frederiksen, financial Analyst Kacey Bess, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. - Councilman Rich Hendler was absent. 2. Discussion of proposed City Charter Amendments City Manager Bill Lindley outlined the format for review of the proposed Resolution calling a Special Election for City Charter amendments and the ballot. Mr. Jim Moore, Chairman of the Colleyville Citizen's City Charter Review Committee and Mr. Mike Taylor, Colleyville Citizen's City Charter Review Committee member were present to answer questions of the Council. There was general discussion regarding the proposed City Charter amendments and ballot language. 3. Adjournment Mayor Hocutt adjourned the meeting at 5:15 p.m. - The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 1, 2005, at 5: 17 p.m. CITY COUNCIL MINUTES MARCH 1, 2005 - ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Tom Hart and Mayor Pro Tem Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Engineer Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. PC-1. Discussion of proposed City Charter Amendments and Election Mr. Jim Moore, Chairman of the Colleyville Citizen's City Charter Review Committee and Mr. Mike Taylor, Colleyville Citizen's City Charter Review Committee member were present to answer questions of the Council. There was general discussion of the proposed City Charter amendments, ballot language and legal notice publication costs. - PC-2. Update of Economic Development Initiatives The meeting was adjourned prior to this item being discussed. PC-3. Discussion of the 2005 Bond Election The meeting was adjourned prior to this item being discussed. PC-4. Discussion of the March 1, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 6:50 p.m. ,- 2 CITY COUNCIL MINUTES -- MARCH 1, 2005 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 1, 2005, at 6:55 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Public Works Director Keith Fisher, Parks and Recreation Director Monica Walsh, Colleyville Center Manager Lin Przybyl, Financial Analyst Kacey Bess, Equipment Operator Harold Chancellor, Microcomputer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 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 6:56 p.m. and reconvened at 7:48 p.m. 3 CITY COUNCIL MINUTES MARCH 1, 2005 - The invocation was given by Councilperson Elaine Dolan 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 Mayor Hocutt introduced City Attorney Matthew Boyle of Boyle & Lowry. Mayor Hocutt presented plaques to Donna Kauffman and Chuck Thomas and recognized David Bowden, Raman Chandler and Peter O'Brien for their service on the Colleyville Tree Board. Mayor Hocutt presented a Proclamation to Chief Mike Johnston in recognition of Severe Weather Awareness Week, which is March 6-12, 2005. Chief Mike Johnston provided information regarding the CodeRed Warning System and an outdoor warning system. <- Mayor Hocutt stated that a long term fire and emergency plan is being developed for the City. Mayor Hocutt presented a Proclamation to Mr. Harold "Snuffy" Chancellor in recognition of his induction into the Texas Rodeo Cowboy Hall of Fame. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2518 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 15, 2005 b. Approval of the minutes of the City Council Worksession of February 7, 2005 c. Approval of a Contract for the purchase and delivery of replacement chairs for the Colleyville Center, using Colleyville Economic Development Corporation funds, in an amount not to exceed $34,807 d. Approval of a donation of trees for Westmont Trail from David Bagwell Mayor Hocutt opened the public hearing and read Resolution R-05-2518 in its entirety. <- 4 CITY COUNCIL MINUTES MARCH 1, 2005 - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Center Manager Lin Przybyl provided information regarding the replacement chairs for the Colleyville Center and answered questions of the Council. Councilman Skinner extended appreciation to Mr. David Bagwell for his donation of trees, Councilman Skinner moved to approve Resolution R-05-2518. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. - PUBLIC HEARINGS: 4. SECOND 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. Councilman Dolan moved to approve Ordinance 0-05-1513. Councilman Hart seconded the motion. Ayes: Councilpersons Dolan, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. 5. SECOND 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, 5 CITY COUNCIL MINUTES MARCH 1, 2005 ,....-.. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Kim Nash, applicant, 5512 Valley View Drive West, spoke regarding a petition signed by neighbors stating that they have no objections to the 400 square feet out- building size variance. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1514. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND 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. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1515. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-05-2519 - Approval of a Waiver of perimeter street improvement requirements on Fry Lane, Case G-05- 007 Mayor Hocutt opened the public hearing and read Resolution R-05-2519 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6 CITY COUNCIL MINUTES MARCH 1, 2005 ,- Community Development Manager Barry LeBaron provided information related to the request for the waiver and emergency access to the property. Mr. Steve Stallard, 5100 Fry Lane, applicant, provided information regarding the development of the property, the road construction plan and answered questions of the Council. Public Works Director Keith Fisher spoke regarding city standards for asphalt streets. Discussion ensued regarding the requirements for street construction, fire safety response and standards for private shared driveways and future development of the property. Ms. Faye Alldredge, 5004 Fry Lane, answered questions of the Council. Mr. Keith Chatham, 4413 Bowman Drive, spoke regarding the development of the property and construction of the road. - Mayor Pro Tem Ayers moved to approve Resolution R-05-2519, subject to the following conditions: Fry Lane is to be paved with two (2") inches of asphalt, with base; the pavement surface should not be less than twenty-four (24) feet in width; construction of a circular turn-around fire lane with a minimum diameter of 100' at the northern end of Fry Lane; a fire hydrant to be installed near the northern end of Fry Lane; the improvements required will be installed at no cost to the City of Colleyville; Fry Lane will be maintained at the expense of the property owners or property owner association; this perimeter street improvement waiver is rescinded upon the rezoning of the property. Councilman Skinner seconded the motion. Mayor Hocutt presented a friendly amendment to include require a fire hydrant as one of the conditions. Mayor Pro Tem Ayers and Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-05-2520 - Approval of a Construction Contract with JLB Contracting, LP, for the construction of the McDonwell School Road Paving and Drainage Improvements, in the amount of $802,648 _. 7 CITY COUNCIL MINUTES MARCH 1, 2005 - Mayor Hocutt opened the public hearing and read Resolution R-05-2520 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Public Works Director Keith Fisher provided information regarding the medians, school bus route and student drop-off locations. Mayor Hocutt expressed appreciation to Keller Independent School District officials for the design of the school with consideration of the commercial property. Councilman Skinner moved to approve Resolution R-05-2520. Mayor Pro Tem Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. - 9. READING AND PUBLIC HEARING - Resolution R-05-2521 - Approval of a Resolution of the City Council of the City of Colleyville, Texas, Calling an Election to be held on May 7, 2005, in the City of Colleyville, Tarrant County, Texas, for the purpose of submitting to the qualified voters of the City of Colleyville the adoption or rejection of proposed amendments to the existing City Charter; designating the official polling places and appointing election officials; prescribing the form of the ballots; providing for notice of the Election; and providing generally for the conduct of the Election Mayor Hocutt opened the public hearing and read Resolution R-05-2521 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Citizen's City Charter Review Committee members Jim Moore and Mike Taylor provided information regarding the proposed amendments and answered questions of the Council. Discussion ensued regarding the proposed charter amendments. Mayor Hocutt recessed the meeting at 9:18 p.m. and reconvened at 9:30 p.m. ~ 8 CITY COUNCIL MINUTES MARCH 1, 2005 - Mr. Michael Taylor, Colleyville Citizen's City Charter Review Committee, commended City Manager Bill Lindley and financial Analyst Kacey Bess for their administrative support to the Charter Review Committee. Discussion ensued regarding methods of public education of the proposed amendments and costs associated with the publication of the Public Notice. Councilman Hart moved to approve Resolution R-05-2521 with the changes made by Council. Mayor Hocutt outlined the changes, as follows: Resolution, fifth 'Whereas" change year from 2004 to 2005; Resolution, Section 3: Early voting will be held at City Hall, 100 Main Street, Second floor Training Room; City Charter Section 5.02, third line, change 40% to 30%; City Charter Section 7.05, last line, insert City in front of Council; Resolution Section 10, second and fourth lines, change ordinance to resolution; City Charter Section 14.02: delete "indirect or direct"; Charter: Mayor should be listed prior to Council persons. Councilman Skinner seconded the motion. ,""""'" City Attorney Matthew Boyle stated that the current validation statute and Local Government Code provides any act taken by the Council as long as it is not void or unconstitutional or even if such act was contrary to the law at the time, if three years have passed after such action was taken, that act deems validated and any legal deficiencies to it are deemed to be corrected. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-05-2522 - Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Bransford Road and John McCain Road, in an amount notto exceed $160,000 Mayor Hocutt opened the public hearing and read Resolution R-05-2522 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-05-2522. "'..- Mayor Pro Tem Ayers seconded the motion. 9 CITY COUNCIL MINUTES MARCH 1, 2005 - Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. City Manager Bill Lindley expressed appreciation to Commissioner Glen Whitley for partnering with the City for road repair. REPORTS: 11. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 15, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - January 3, 2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 24, 2005 There was no action taken on this item. - CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 1, 2005 - Reading and Public Hearing - Resolution R-05-2523 Ms. Anne Dyson, 909 Dogwood Court, spoke regarding the preservation of trees at Town Center, the enforcement of the tree preservation ordinance and expressed appreciation to Hodges Development and the City for the care of trees. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the preservation of trees in the City of Colleyville. ADJOURNMENT: 14. ADJOURNMENT - There being no further business before the City Council, Councilman Hart moved to adjourn. 10 CITY COUNCIL MINUTES MARCH 1, 2005 - Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 11 :00 p.m. APPROVED THIS / 5 ~ DAY OF 7?1 aA-c-~ 2005, BY A VOTE OF .5 AYES, 0 NAYS AND 0 \-.. ABSTENTIONS. - 11