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HomeMy WebLinkAboutCity Council-Minutes-5/3/2005 city of ~.f...;...; V Te xa 5 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET MAY 3, 2005 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of the format for the Canvass of the May 7, 2005, General and Special Election results and Administering the Oath of Office PC-2. Presentation of citizen comments from the April 27, 2005, neighborhood meeting regarding the Ground Storage Water Tank PC-3. Discussion of proposed Colleyville Economic Development Corporation (CEDC) refunding outstanding 1997 and 2000 Sales Tax Revenue Bonds PC-4. Presentation of the Quarterly Investment Report PC-5. Discussion of the May 3, 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 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551,071 - Sec. 551,071 - Sec, 551,072 - Sec, 551,072 - Sec, 551,072 - Sec, 551,074 - Sec, 551,087 - INVOCATION: Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K, Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 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 Covenant Christian Academy (CCA) Fine Arts Department 2005 TAPPS 2A State Art Championship - Mr, Ted Rose, CCA Director of Fine Arts PROCLAMATION - In recognition of Motorcycle Safety and Awareness Month - Chris Fisher, Texas Motorcycle Roadriders Association PLAQUES - In recognition of service on the Celebrate Colleyville Steering Committee - Dezann Korbuly, Linda Newton and Marcus Miller PRESENTATION - In recognition for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for the Fiscal Year Beginning October 1, 2004 - Terry Leake, Finance Director and Finance Department staff PROCLAMATION - In recognition of National Memorial Police Week, May 15-21,2005 - Police Chief Tommy Ingram and Officer Bill Hudgins CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2539 - Consent Items: a, Approval of Minutes of the regular City Council meeting of April 19, 2005 b, Approval of broker/dealer firms for investment purchases PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1522 - Approval of a Zoning Change from AG to R40 on 1.155 acres, out of the S,C,H. Witten Survey, Abstract 1619, located at 5500 Montclair Drive, Case Z-05-009 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1523 - Approval of a Zoning Change from AG to R40 and R20 on 24.108 acres, out of the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road, Case Z-05-008 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1524 - Approval to amend Section 2 of Ordinance 0-04-1493 relating to the Fiscal Year 2004-2005 Budget, to authorize the expenditure of $975,000 of unappropriated fund balance of the General Fund for the construction of the Senior Citizen's Center on the site of the former City Hall Building at 5400 Bransford Road 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1525 - Approval of a Zoning Change from AG and R30 to R40 on 2,55 acres located at 6112 and 6115 Hunter Lane, Case Z-05-011 8. READING AND PUBLIC HEARING - Resolution R-05-2540 - Approval of a Preliminary Plat on 24,108 acres out of the William Dunn Survey, Abstract 404 located at 6805 Pleasant Run Road, Case P-05-011 9. READING AND PUBLIC HEARING - Resolution R-05-2541 - Approval of three Retail Development Agreements by and between the City of Colleyville and Melvin & Martindale II, Ltd. REPORTS: 10. PLANNING AND ZONING COMMISSION MINUTES - March 28, 2005 CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 3, 2005 - Reading and Public Hearing - Resolution R-05-2542 ADJOURNMENT: 13. ADJOURNMENT I the5rOeobY certify the ab da W?S POL on , bu~tin boards at City Hall on Friday April 29, 2005, aA,?h~~ l~ C~'ia S~gleton, 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 MAY 3, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on May 3, 2005, at 5:30 p.m. ROLL CALL: Council persons Elaine Dolan, Mark Skinner, Rich Hendler and Tom Hart were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Engineer Chad Bartee, Public Works Director Keith Fisher, Economic Development Manager Scott Welmaker, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tern Ayers arrived at 5:55 p.m. PC-1. Discussion of the format for the Canvass of the May 7, 2005, General and Special Election results and Administering the Oath of Office Council determined that the May 17, 2005, Council meeting format would be conducted as Option 2, which provides that the Oath of Office will be administered after the regular meeting convenes at 7:30 p.m. PC-2. Presentation of citizen comments from the April 27, 2005, neighborhood meeting regarding the Ground Storage Water Tank Public Works Director Keith Fisher provided a summary of the citizen comments from the April 27, 2005 public meeting regarding the proposed ground storage water tank and answered questions of the Council. Mr. Brian O'Neill and Mr. Gary Fisher of Dannenbaum Engineering provided information related to the design, location and size of the water tank and answered questions of the Council. CITY COUNCIL MINUTES MAY 3, 2005 Mr. Robert McCann, 5604 Lowrie Road, spoke regarding the size, location and design of the water tank, noise pollution, the potential impact of the water tank on property values and the funding source for construction of the water tank. Mr. Gerald Cooper, 5509 Texas Trail, spoke regarding the location of the water tank and the impact of the water tank on property values. Mr. Lawrence Fleischer, 609 L.D. Lockett Road, spoke regarding the size and capacity of the water tank, construction of a below grade water tank, security concerns and funding for the construction of the water tank. Mr. Jim McCure, 5605 Texas Trail, spoke regarding the water tank design, a below grade water tank, security concerns and property values. Mr. Chris Renton, 5518 Texas Trail, spoke regarding the location of the water tank, the Master Plan, the City's growth rate, property values, volume of the water tank, noise pollution and safety concerns, Ms. Laura Fleischer, 609 L.D. Lockett Road, spoke regarding the public meeting notification process and the size of the water tank. Operations Manager Kelly Howell provided information regarding the average water usage, the size of the proposed water tank and the noise pollution generated by a water tank system. Mr. Brian O'Neill, Dannenbaum Engineering, provided information related to the cost of constructing a below grade water tank. City Manager Bill Lindley provided information regarding the funding for construction of the proposed water tank. Discussion ensued regarding the size, location and cost of the proposed water tank and the noise level of the water tank system. Council requested that staff conduct additional public meetings regarding the proposed water tank and include the citizens who signed the petition in the notification process. PC-3. Discussion of proposed Colleyville Economic Development Corporation (CEDC) refunding outstanding 1997 and 2000 Sales Tax Revenue Bonds Mayor Pro Tem John Ayers provided an overview of the Colleyville Economic Development Corporation Board meeting held April 28, 2005. 2 CITY COUNCIL MINUTES MAY 3, 2005 PC-4. Presentation of the Quarterly Investment Report The meeting was adjourned prior to this item being discussed. PC-5. Discussion of the May 3, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed, There being no further business, Mayor Hocutt declared the meeting adjourned at 6:48 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on May 3, 2005, at 6:52 p.m. Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Public Works Director Keith Fisher, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Communications Manager Dixie Cawthorne, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. ROLL CALL: -- 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - See, 551.072 - Sec. 551.072- Sec. 551.072 - Sec. 551.074 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 Colleyville Boulevard Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager 3 CITY COUNCIL MINUTES MAY 3, 2005 Sec. 551.087 - 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 Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter 0, 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 6:53 p.m. and reconvened at 7:53 p.m. The invocation was given by Sister Dorothy Eggering of 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 that he attended the Grapevine High School Project Graduation, the Colleyville Proud Clean Sweep and Arbor Days event, the Colleyville Cook-off for Special Olympics, the Colleyville Garden Club Promenade and the Colleyville Tree Jamboree organized by Mr. David Bagwell. Mayor Hocutt presented a Proclamation to Mr. Ted Rose, Director of Fine Arts, Covenant Christian Academy, in recognition of the Fine Arts Department 2005 T APPS 2A State Art Championship. Mr. Rose expressed appreciation for the City's recognition and support of the arts. Mayor Hocutt presented a Proclamation to Mr. Chris Fisher, Texas Motorcycle Roadriders Association representative in recognition of Motorcycle Safety and Awareness Month. Mayor Hocutt presented plaques to Ms. Dezann Korbuly and Mr. Marcus Miller in recognition of service on the Celebrate Colleyville Steering Committee and recognized Ms, Linda Newton who was unable to attend the meeting. Mayor Hocutt recognized Ms. Terry Leake, Finance Director and Finance Department staff for receiving the Government Finance Officers Association Distinguished Budget Presentation Award for the Fiscal Year beginning October 1,2004. Ms. Leake commended City Manager Bill Lindley for the development of the budget message, which contributed to being selected to receive the award. 4 CITY COUNCIL MINUTES MAY 3, 2005 ,~- Mayor Hocutt presented a Proclamation to Officer Bill Hudgins in recognition of National Memorial Police Week, May 15-21, 2005. Officer Bill Hudgins invited everyone to attend the 9th Annual Kid's Safety Fair to be held May 14, 2005, at Kroger. Mr, Richard Newton presented, on behalf of Senior Pastor Steve Hill of Heartland Fellowship Church, a framed print of the First Prayer in Congress, to Mayor Hocutt and stated that he appreciated Mayor Hocutt's service to the City. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2539 - Consent Items: a. Approval of Minutes of the regular City Council meeting of April 19, 2005 b. Approval of broker/dealer firms for investment purchases Mayor Hocutt opened the public hearing and read Resolution R-05-2539 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-05-2539. 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 0-05-1522 - Approval of a Zoning Change from AG to R40 on 1.155 acres, out of the S.C.H. Witten Survey, Abstract 1619, located at 5500 Montclair Drive, Case Z-05-009 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1522. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-05-1522. 5 CITY COUNCIL MINUTES MAY 3, 2005 Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1523 - Approval of a Zoning Change from AG to R40 and R20 on 24.108 acres, out of the William Dunn Survey, Abstract 404, located at 6805 Pleasant Run Road, Case Z -05-008 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1523. Ms. Joan Quinn, 6817 Pleasant Run, expressed appreciation to Mr, John Fegan, the developer, for working with the neighbors and in favor of the proposed ordinance and the development as a gated community. Ms. Becky Meadows, 6901 Pleasant Run, spoke in favor of the proposed ordinance provided the development is a gated community, Mr. Tim Meadows, 6901 Pleasant Run Road, spoke in favor of the proposed ordinance and the development as a gated community. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. John Fegan, 1315 Bellefonte Lane, developer, was present to answer questions of the Council. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1523. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6 CITY COUNCIL MINUTES MAY 3, 2005 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1524 - Approval to amend Section 2 of Ordinance 0-04-1493 relating to the Fiscal Year 2004-2005 Budget, to authorize the expenditure of $975,000 of unappropriated fund balance of the General Fund for the' construction of the Senior Citizen's Center on the site of the former City Hall Building at 5400 Bransford Road Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1524, Mr. James Day, 805 Shelton Drive, spoke in opposition to the expenditure of funds for a Senior Center and regarding the use of the Colleyville Center for senior activities, Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance and regarding the bond election related to a Senior Center. Mr. Jim Hampton, 5804 Pleasant Run Road, presented a petition, spoke in favor of the proposed ordinance and regarding the condition of the Senior Citizen facility on L.D. Lockett Road. Mr. David Fink, 6400 Ponderosa Lane, spoke in opposition to the proposed ordinance and regarding the use of the Colleyville Center for community activities. Ms. Lila Coley, 401 Shelton Drive, spoke in favor of the proposed ordinance and regarding the contributions of the senior citizens. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers provided information regarding the proposed Colleyville Economic Development Corporation refunding of outstanding 1997 and 2000 Sales Tax Revenue Bonds as a potential funding source for a Senior Center. Mayor Hocutt reported that Ms. Susie Grundy requested that it be stated that she is not in favor of constructing a Senior Citizen Center. Discussion ensued regarding funding options for a senior citizen center, recreational needs of senior citizens and the location of a senior citizen center. Discussion continued regarding the need to explore funding options for a senior citizen center and to receive the recommendation of the Colleyville Economic Development Corporation Board regarding the refunding of the sales tax revenue bonds. Mayor Pro Tem Ayers moved to table Ordinance 0-05-1524. Councilman Skinner seconded the motion. 7 CITY COUNCIL MINUTES MAY 3, 2005 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 0-05-1525 - Approval of a Zoning Change from AG and R30 to R40 on 2.55 acres located at 6112 and 6115 Hunter Lane, Case Z-05-011 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1525. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8. READING AND PUBLIC HEARING - Resolution R-05-2540 - Approval of a Preliminary Plat on 24.108 acres out of the William Dunn Survey, Abstract 404 located at 6805 Pleasant Run Road, Case P-05-011 Mayor Hocutt read Resolution R-05-2540 in its entirety and opened the public hearing. Ms. Joan Quinn, 6817 Pleasant Run Road, spoke in favor of the proposed resolution and the development as a gated community. Ms. Becky Meadows, 6901 Pleasant Road, spoke in favor of the proposed resolution and the development as a gated community. Mr. Tim Meadows, 6901 Pleasant Run Road, spoke in favor of the proposed resolution and the development as a gated community. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided information regarding the Planning and Zoning Commission recommendation related to this item. Discussion ensued regarding an automated opening system to allow for emergency vehicles, the ownership and transport of a log cabin located on one of the lots and funding for refurbishment and relocation of the log cabin. Mayor Pro Tem Ayers moved to approve Resolution R-05-2540, with the amendment that the plat is approved subject to the development being mandated as a gated community. 8 CITY COUNCIL MINUTES MAY 3, 2005 Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-05-2541 - Approval of three Retail Development Agreements by and between the City of Colleyville and Melvin & Martindale II, Ltd. Mayor Hocutt read Resolution R-05-2541 in its entirety and opened the public hearing. Mr. Richard Newton, 1208 Holly Lane, spoke regarding the Retail Development Agreement as it relates to the tax rebate incentive agreement, the City's development incentives, the percent tax rebate and the tax reduction not to exceed ten years. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. ,- Mr. Charles Hodges, Melvin & Martindale, Ltd, 13462 Omega, Dallas, Texas, spoke regarding the development of Town Center, the provisions of the Retail Development Agreements and answered questions of the Council. Mayor Pro Tem Ayers moved to approve Resolution R-05-2541, with the amendment to the first sentence in Item 2b as follows: This Agreement may not be assigned by either party without the written consent of the other party. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. REPORTS: 10. PLANNING AND ZONING COMMISSION MINUTES - March 28, 2005 There was no action taken on this item. 9 CITY COUNCIL MINUTES MAY 3,2005 CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr, David Fink, 6400 Ponderosa Lane, spoke regarding refuse in Town Center and regarding Proposition 10 on the City Charter Amendment Election ballot. Ms. Kathy Hadley, 204 North Timberline, spoke regarding the condition of the majestic oaks in Town Center and regarding the tree ordinance. ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 3, 2005 - Reading and Public Hearing - Resolution R-05-2542 This item was not needed. ADJOURNMENT: 13. ADJOURNMENT ,..,- There being no further business before the City Council, Councilman Dolan 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 9:31 p.m. APPROVED THIS /'1'tt, DAY OF 77?~ 2005, BY A VOTE OF ..5 AYES, D NAYS AND 0 STENTIONS. ad by: r 10