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HomeMy WebLinkAboutCity Council-Minutes-4/5/2005 city of ~ V Te xa 5 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET APRIL 5, 2005 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of the 2005 Bond Election PC-2. Review of City policy regarding capital expenditures for parks PC-3. Discussion and selection of article topics for the "Colleyville Communicator" PC-4. Discussion of regulations for on-premise beer and wine sales and the process for inspection/audit for conformity of ratios for alcohol and food sales PC-5. Discussion of the April 5, 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. 551.071 - 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 STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.087 - 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 Helen Boyce vs. City of Colleyville Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Chantz Cottrell for increasing awareness of and promoting organ donation PROCLAMATION - In recognition of Eagle Scout Andrew Stricklin PROCLAMATION - In recognition of Child Abuse Prevention Month - Nancy Hagan, Executive Director of Alliance for Children CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2530 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 15, 2005 b. Approval of the minutes of the City Council Worksession of March 8, 2005 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1516 - Approval of a Special Use Permit for an educational center on Lot 1 R, Block 1, Town Center Colleyville Phase I, located at 5611 Colleyville Boulevard, Suite 240, Case Z-05-007 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1517 - Approval of a Zoning Change from R20 to PUD-R on 1.667 acres on Tracts 1A3, 1A3A, 1A3B, Abstract 1176 of the J.J. Newton Survey, located at 5612 Bransford Road, Case Z-05-004 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1518 - Approval Replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1519 - Approval of a Zoning Change from AG to R40 on 4 acres located at 512 and 600 Shelton Drive, Case Z-05-01 0 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1520 - Approval of an Amendment to Chapter 46, Article 1 - In General, Article 2 of the Colleyville Code of Ordinances regarding the adoption of the 2003 International Fire Code 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1521 - Approval of an Amendment to the Master Thoroughfare Plan, Case G-05-006 10. READING AND PUBLIC HEARING - Resolution R-05-2531 - Approval of a Contract with Kimley-Horn and Associates, to update the water, sewer and roadway impact fee capital improvement plans, in the amount of $71,000 11. READING AND PUBLIC HEARING - Resolution R-05-2532 - Approval of a Construction Contract with Driver Pipeline, Inc., for the John McCain Underground Electrical Conduit Project, in the amount of $91 ,370 REPORTS: 12. PARKS AND RECREATION ADVISORY BOARD MINUTES - February 7,2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - February 14, 2005 PLANNING AND ZONING COMMISSION MINUTES - February 28,2005 CITIZEN COMMENTS: 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 5, 2005 - Reading and Public Hearing - Resolution R-05-2533 ADJOURNMENT: 15. ADJOURNMENT . nda was posted on the bulletin boards at City Hall on Friday April 1, 2005, .~ 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 APRIL 5, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on April 5, 2005, at 5:20 p.m. ROLL CALL: Councilpersons Elaine Dolan, Mark Skinner, Rich Hendler and Tom Hart were present. Mayor Pro T em Jon Ayers, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Fire Chief Mike Johnston, Police Chief Tommy Ingram, Community Development Manager Barry LeBaron, Public Works Director Keith Fisher, Engineer Chad Bartee, Economic Development Manager Scott Welmaker, Recreation Specialist Lisa Adan, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Joe Hocutt was absent. PC-1. Discussion of the 2005 Bond Election Public Works Director Keith Fisher provided an overview of the options for street repair in the Tara Subdivision. There was general discussion regarding funding options and the timeline of the project. Council requested that staff proceed with the construction of french drains in the Tara Subdivision and provide funding options at the April 19, 2005 Pre Council meeting. It was determined that a design contract for the french drains would be presented for Council consideration at the May 17, 2005, Council meeting. /'- Discussion ensued regarding the hardscape and softscape for the redevelopment of SH26. CITY COUNCIL MINUTES APRIL 5, 2005 - Council requested that the SH26 Advisory Committee meet to discuss the SH26 hardscape and softscape options, and subsequently a Joint City Council and SH26 Advisory Committee meeting be held for presentation of the Committee's recommendations. There was general discussion regarding the development of a Senior Center and funding options. Council determined that no action would be taken at this time regarding the Senior Center and requested that the April 19, 2005, agenda provide for additional discussion of this item. Discussion continued regarding the construction of trails and funding options for trails at McPherson Park. PC-2. Review of City policy regarding capital expenditures for parks Discussion ensued regarding the process for capital expenditures for parks, the purchase and installation of an irrigation system at the Webb House and the operation of the irrigation system. ..~. It was determined that small capital expenditures for parks would be presented to the Historical Preservation Committee, the Parks and Recreation Advisory Board or the Capital Improvement Advisory Committee, as appropriate, for consid~ration. City Manager Bill Lindley provided an overview of the contract between the City and Colleyville Proud. PC-3. Discussion and selection of article topics for the "Colleyville Communicator" Communications Manager Dixie Cawthorne submitted the list of article topics for the "Colleyville Communicator" for Council's consideration. PC-4. Discussion of regulations for on-premise beer and wine sales and the process for inspection/audit for conformity of ratios for alcohol and food sales Community Development Manager Barry LeBaron provided an overview of the process for the inspection or audit of businesses to determine conformity of ratios for alcohol and food sales. - Council requested that the quarterly reports, required of businesses, to verify the required 60/40 ratio for food and alcohol sales, be forwarded to City Council. 2 CITY COUNCIL MINUTES APRIL 5, 2005 Council requested that staff monitor the reports for compliance with the 60/40 ratio. PC-5. Discussion of the April 5, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor Pro Tem Jon Ayers declared the meeting adjourned at 6:58 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on April 5, 2005, at 7:05 p.m. ROLL CALL: ,- Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Tom Hart were present. Mayor Pro Tem Jon Ayers, 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, Financial Analyst Kacey Bess, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Joe Hocutt 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 - 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 Helen Boyce vs. City of Colleyville Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition 3 CITY COUNCIL MINUTES APRIL 5, 2005 ,,~ Sec. 551.072 - Sec. 551.074 - Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s} the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Sec. 551.087 - Mayor Pro Tem Ayers 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 7:07 p.m. and reconvened at 7:50 p.m. The invocation was given by Sister Dorothy Eggering, Good Shepherd Catholic Community and City Attorney Matthew Boyle 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 announced the City was selected by the Texas Forest Service to participate in a program designed to improve the care of city street trees. Mayor Pro Tem Ayers announced that Chantz Cottrell was unable to attend the meeting to receive the Proclamation. Mayor Pro Tem Ayers presented a Proclamation to Eagle Scout Andrew Stricklin. Mayor Pro Tem Ayers presented a Proclamation to Nancy Hagan, Executive Director of Alliance for Children, in recognition of Child Abuse Prevention Month. Ms. Hagan expressed appreciation to the City Council for their efforts in preventing child abuse. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2530 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 15, 2005 - b. Approval of the minutes of the City Council Worksession of March 8, 2005 4 CITY COUNCIL MINUTES APRIL 5, 2005 Mayor Pro Tem Ayers opened the public hearing and read Resolution R-05-2530 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Dolan moved to approve Resolution R-05-2530. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1516 _ Approval of a Special Use Permit for an educational center on Lot 1 R, Block 1, Town Center Colleyville Phase I, located at 5611 Colleyville Boulevard, Suite 240, Case Z-05-007 ---- Mayor Pro Tem Ayers opened the public hearing and read Ordinance 0-05-1516. There was no one present wishing to speak concerning this item and Mayor Pro T em Ayers closed the public hearing. City Manager Bill Lindley stated that the Dallas Baptist University has identified a site in Town Center for a satellite facility, and The Land Development Code provides that a college or university within the CC2 - Shopping Center zoning district, is only permitted by approval of a Special Use Permit. Councilman Skinner moved to approve Ordinance 0-05-1516. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. - 5 CITY COUNCIL MINUTES APRIL 5, 2005 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1517 - Approval of a Zoning Change from R20 to PUD-R on 1.667 acres on Tracts 1A3, 1A3A, 1A3B, Abstract 1176 of the J.J. Newton Survey, located at 5612 Bransford Road, Case Z-05-004 Mayor Pro Tem Ayers opened the public hearing and read the caption of Ordinance 0- 05-1517. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding open space, lot size, density, frontage and access to lots. Mr. Ocie Vest, 2820 Rockport Cove, Grapevine, Texas, representing the applicant, provided a history of the property and spoke regarding the potential development of the property and was present to answer questions of the Council. Community Development Manager Barry LeBaron provided information regarding the consideration of this request by the Planning and Zoning Commission and the requirement for a super majority vote by Council. Fire Chief Mike Johnston spoke regarding the turn around radius and width of street as it relates to fire safety. City Manager Bill Lindley stated that private streets must meet city standards. Discussion ensued regarding the width of streets to accommodate waste management vehicles and parking in general. Councilman Skinner moved to deny Ordinance 0-05-1517. Councilman Hendler seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1518 - Approval Replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville 6 CITY COUNCIL MINUTES APRIL 5, 2005 Mayor Pro Tem Ayers opened the public hearing and read Ordinance 0-05-1518. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Skinner moved to approve Ordinance 0-05-1518. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1519 - Approval of a Zoning Change from AG to R40 on 4 acres located at 512 and 600 Shelton Drive, Case Z-05-01 0 Mayor Pro Tem Ayers opened the public hearing and read the caption of Ordinance 0- 05-1519. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1520 - Approval of an Amendment to Chapter 46, Article 1 - In General, Article 2 of the Colleyville Code of Ordinances regarding the adoption of the 2003 International Fire Code Mayor Pro Tem Ayers opened the public hearing and read the caption of Ordinance 0- 05-1520. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Community Development Manager Barry LeBaron provided information regarding the adoption of the various codes. Fire Chief Mike Johnston provided information related to the requirements for sprinkler systems in mixed use buildings. City Manager Bill Lindley provided information regarding open pit fires. ,- 7 CITY COUNCIL MINUTES APRIL 5, 2005 ,- 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1521 - Approval of an Amendment to the Master Thoroughfare Plan, Case G-05-006 Mayor Pro Tem Ayers opened the public hearing and read Ordinance 0-05-1521. Ms. Ann Moss, 205 West McDonwell School Road, spoke regarding traffic flow in the Remington Park subdivision. Mr. Greg Van Nieuwenhuize, 3930 Glade Road, Colleyville, Texas, spoke regarding street impact fees for Lavaca Trail and construction costs and design of a road along the rear of his property line, the need for an east-west thoroughfare plan and commercial development along Precinct Line Road. Ms. Judy Ruggere, 1013 West Lavaca Trail, representing her mother, 1101 West Lavaca Trail, Danny and Ruth Opal, 901 West Lavaca Trail, and Veri and Ruthann Plain, 909 West Lavaca Trail, spoke in opposition to the proposed ordinance and regarding the water flow between Precinct Line Road and the Macintosh property and the potential construction of a road over the waterway and traffic flow. -- Mr. Andrew Mittag, 901 West Lavaca Trail, representing Janet Mittag, Nan and Steve Martin, Lorraine and Marty Gohr, Lisa and Marty Stadjuhar, 100 Williams Court, and Jeff Zimmerman, 501 Lavaca Trail, spoke in opposition to the proposed ordinance and regarding the rural atmosphere of the neighborhood, the future development of the area and the construction of roads. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. 10. READING AND PUBLIC HEARING - Resolution R-05-2531 - Approval of a Contract with Kimley-Horn and Associates, to update the water, sewer and roadway impact fee capital improvement plans, in the amount of $71 ,000 Mayor Pro Tem Ayers opened the public hearing and read Resolution R-05-2531 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Community Development Barry LeBaron provided information regarding the cost of the impact fee study and the selection of the firm to perform the study. Mr. Brad Tribble, Kimley-Horn and Associates, was present to answer questions of the Council. ,..-. 8 CITY COUNCIL MINUTES APRIL 5, 2005 - Discussion ensued regarding the process for passing on this item. Councilman Dolan moved to pass Resolution R-05-2531. The motion died for lack of a second. Councilman Hendler moved to approve Resolution R-05-2531. Councilman Skinner seconded the motion Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Dolan Mayor Pro Tem Ayers declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-05-2532 - Approval of a Construction Contract with Driver Pipeline, Inc., for the John McCain Underground Electrical Conduit Project, in the amount of $91 ,370 - Mayor Pro Tem Ayers opened the public hearing and read Resolution R-05-2532 in its entirety. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilman Skinner moved to approve Resolution R-05-2532. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Pro Tem Ayers declared the motion carried. REPORTS: 12. PARKS AND RECREATION ADVISORY BOARD MINUTES - February 7,2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - February 14, 2005 PLANNING AND ZONING COMMISSION MINUTES - February 28,2005 There was no action taken on this item. - 9 CITY COUNCIL MINUTES APRIL 5, 2005 "- CITIZEN COMMENTS: 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Rena Marson, 5145 Stone Bridge Drive, spoke regarding the maintenance of the pond that backs up to the Colleyville Justice Center. ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 5, 2005 - Reading and Public Hearing - Resolution R-05-2533 This item was not needed. ADJOURNMENT: 15. 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 Pro Tem Ayers declared the meeting adjourned at 9:07 p.m. APPROVED THIS /j~ DAY OF ~ 2005, BY A VOTE OF ..s AYES, 0 NAYS AND D ABSTENTIONS. - 10