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HomeMy WebLinkAboutCity Council-Minutes-10/7/2003 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD OCTOBER 7,2003 5:00 P.M. - PRE-COUNCIL AGENDA 5:35 P.M. - PLANNING AND ZONING COMMISSION, ZONING BOARD OF ADJUSTMENT, COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION, METROPORT TEEN COURT ADVISORY BOARD AND HISTORICAL PRESERVATION COMMITTEE APPLICANT INTERVIEWS PC-1. Discussion of tentative relocation schedule of City Hall to new facility PC-2. Discussion of the October 7,2003, 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 Property - Proposed Sale of Land - 5500 Colleyville Boulevard Personnel - City Manager's Performance Evaluation Sec. 551.072 - Sec. 551.074- 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Neda Moayad, Colleyville Baha'i Community P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Chamber of Commerce week - John Orrell, Chairman-Elect, Colleyville Area Chamber of Commerce PRESENTATION - Certificate of Achievement for Planning Excellence from the Texas Chapter, American Planning Association - Mayor Joe Hocutt and Jeff Wall, Chairman, Planning and Zoning Commission PROCLAMATION - In recognition of Fire Prevention month - Jeff Jones, Fire Marshal PROCLAMATION - In recognition of Crime Prevention month - Chief John Young and Officer Bill Hudgins CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2227 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 16 2003 b. Approval of minutes of the City Council Worksession meeting of September 8, 2003 c. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of September 17, 2003 d. Approval of the vacation/abandonment of a public drainage and utility easement on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case G-03-030 e. Approval of a mower to be funded from the Voluntary Park Fund, in an amount not to exceed $40,000 f. Approval of the parking lot striping to be funded from the Voluntary Park Fund, in an amount not to exceed $3,300 g. Approval of the Interlocal Agreement renewal and funding for the Metroport Teen Court program PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1423 - Adopting the Colleyville Economic Development Corporation Fiscal Year 2003- 2004 Budget 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1416 - Approval of a Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Boulevard, Case Z-03-015 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1424 - Approval of a Zoning Change from CC2 to PUD-R on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street, Case Z-03-018 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1425 - Approval of a Zoning Change from R20 to RE on 10.943 acres located at the north end of Cedar Court and Jo Will Court, Case Z-02-021 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1426 - Approval of a Zoning Change from R40 and R20 to R30 on 9.56 acres located at 2113 Glade Road and 4800 Bill Simmons Road, Case Z-03-023 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1427 - Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood Villas 10. READING AND PUBLIC HEARING - Resolution R-03-2228 - Consideration of appointments to the Planning and Zoning Commission 11. READING AND PUBLIC HEARING - Resolution R-03-2229 - Consideration of appointments to Zoning Board of Adjustment 12. READING AND PUBLIC HEARING - Resolution R-03-2230 - Consideration of appointments to the Colleyville Economic Development Corporation 13. READING AND PUBLIC HEARING - Resolution R-03-2231 - Consideration of appointment of an at-large member and City Council member to the Metroport Teen Court Advisory Board 14. READING AND PUBLIC HEARING - Resolution R-03-2232 - Consideration of appointment to the Historical Preservation Committee to fill an unexpired term 15. READING AND PUBLIC HEARING - Resolution R-03-2233 - Approval of the Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition and southwest of John McCain Road, Case P-03-019 16. READING AND PUBLIC HEARING - Resolution R-03-2234 - Approval of the Preliminary Plat of McCrary Estates, 6.6072 acres located in the 5800 block of Bransford Road on the west side of the street, Case P-03-025 17. READING AND PUBLIC HEARING - Resolution R-03-2235 - Approval to purchase sixteen portable radios from Motorola, through Houston Galveston Area Council (HGAC) purchasing cooperative, in the amount of $56,280.76 18. READING AND PUBLIC HEARING - Resolution R-03-2236 - Authorization to execute an Electric Supply Agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc., for deliveries of electricity effective January 1, 2004 19. READING AND PUBLIC HEARING - Resolution R-03-2237 - Approval of establishing the allowed uses of the Voluntary Library Fund 20. READING AND PUBLIC HEARING - Resolution R-03-2238 - Approval to rescind Item 3e of Resolution R-03-2222 and approve the purchase of 50 HP/Compaq computers, in an amount not to exceed $43,982, and the purchase of 50 Microsoft Office Pro 2003 Win32 English Licenses, in an amount not to exceed $15,350 21. READING AND PUBLIC HEARING - Resolution R-03-2239 - Approval of Addendum No. 1 to Interlocal Agreement for the Northeast Transportation Services Urban Transit District 22. STAFF REPORTS: IESI ANNUAL CONTRACT REVIEW REPORTS: 23. COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES -August 11, 2003 HISTORICAL PRESERVATION COMMITTEE MINUTES - August 12, 2003 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MINUTES - September 9, 2003 CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 7, 2003 - Reading and Public Hearing - Resolution R-03-2240 ADJOURNMENT: 26. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, October 3, 20~~~ Cynthia Singleton, TRMC City Secretary 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 817.577.7575, and reasonable accommodations will be made to assist you. MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER 7, 2003 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on October 7,2003, at 5:04 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Public Works Director Keith Fisher, Community Development Manager Clayton Husband, Parks and Recreation Director Monica Walsh, Circulation/Technical Services Librarian Matt Denton, Financial Analyst Collin Boothe, Communications Manager Dixie Cawthorne, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. PC-1. Discussion of tentative relocation schedule of City Hall to new facility City Manager Bill Lindley provided an overview of a proposed plan for relocation of City Hall to the new facility and an Open House event. There was general consensus that the Open House for the new City Hall and Library would be held December 5-6, 2003, in conjunction with Celebrate Colleyville. PC-2. Discussion of the October 7,2003, City Council regular agenda items There was general discussion of the October 7,2003 City Council regular agenda items. There being no further business, Mayor Hocutt declared the meeting adjourned at 5:36 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on October 7,2003, at 6:50 p.m. CITY COUNCIL MEETING OCTOBER 7, 2003 ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Community Development Director Barry LeBaron, Public Works Director Keith Fisher, Colleyville Center Manager Lin Przybyl, Financial Analyst Collin Boothe, CirculationfTechnical Services Librarian Matt Denton, Assistant to the City Manager Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, 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 6:52 p.m. and reconvened at 7:45 p.m. The invocation was given by Councilman Mark Skinner and Ross Foster led the Pledge of Allegiance. 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 Property - Proposed Sale of Land - 5500 Colleyville Boulevard Personnel - City Manager's Performance Evaluation Sec. 551.072- Sec. 551.074 - 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Hendler invited citizens to attend the Colleyville Proud Trash Off event to be held October 18, 2003, at City Park. Mayor Pro Tem Tigue announced she attended, at Mayor Hocutt's request, a meeting of the Northeast Transportation Services program and signed an Interlocal Agreement to provide on demand transportation services to the elderly and disabled in Northeast Tarrant County. 2 CITY COUNCIL MEETING OCTOBER 7, 2003 Mayor Hocutt presented a Proclamation to John Orrell, Chairman-Elect and Ret Stansberger, President of the Colleyville Area Chamber of Commerce in recognition of Chamber of Commerce week. Community Development Director Barry LeBaron presented a Certificate of Achievement for Planning Excellence from the Texas Chapter, American Planning Association to Mayor Hocutt and Jeff Wall, Chairman, Planning and Zoning Commission. Mayor Hocutt presented a Proclamation to Fire Chief Mike Johnston and Fire Marshal Jeff Jones in recognition of Fire Prevention month. Mayor Hocutt presented a Proclamation to Police Chief John Young and Officer Bill Hudgins in recognition of Crime Prevention month. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2227 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 16 2003 b. Approval of minutes of the City Council Worksession meeting of September 8, 2003 c. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of September 17, 2003 d. Approval of the vacation/abandonment of a public drainage and utility easement on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case G-03-030 e. Approval of a mower to be funded from the Voluntary Park Fund, in an amount not to exceed $40,000 f. Approval of the parking lot striping to be funded from the Voluntary Park Fund, in an amount not to exceed $3,300 g. Approval of the Interlocal Agreement renewal and funding for the Metroport Teen Court program Mayor Hocutt opened the public hearing and read Resolution R-03-2227 in its entirety. Mr. Briton Goad, representing the applicant, Item 3d, was present to answer questions of the Council. 3 CITY COUNCIL MEETING OCTOBER 7, 2003 There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2227. Councilman Skinner seconded the motion. Discussion ensued regarding funding for the mower listed in Item 3e. Councilman Ayers made a friendly amendment to remove and table item e. The motion died for lack of a second. Parks and Recreation Director Monica Walsh provided an overview of funding options for the mower, the condition of current mowers, over seeding of athletic fields, leasing versus purchasing mowers and use of the Voluntary Park Fund. Ayes: Councilpersons Skinner, Ayers and Mayor Pro Tem Tigue Nays: Councilpersons Dolan and Hendler Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1423 _ Adopting the Colleyville Economic Development Corporation Fiscal Year 2003- 2004 Budget Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1423. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-03-1423. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 4 CITY COUNCIL MEETING OCTOBER 7, 2003 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1416 - Approval of a Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Boulevard, Case Z-03-015 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1416. Mr. David Dudziak, 2301 Wilkes Court, spoke regarding cooperative efforts between the applicant and residents who abut the property and parking of recreational vehicles. Mr. Gregg Flowers, 6614 McMakin Court, spoke in opposition to the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Janis Hodges, 6521 Colleyville Boulevard, applicant, spoke regarding the request for a Zoning change and was present to answer questions of the Council. Discussion ensued regarding a proposed meeting between the applicant and residents who abut the Hodges property, process for zoning request by tenant versus owner of property and platting. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1424 - Approval of a Zoning Change from CC2 to PUD-R on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street, Case Z-03-018 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1424. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Steven Knight, 3917 Felps Court spoke in opposition to the proposed ordinance, and regarding density and zoning of the property. Mr. Mark Crenshaw 504 Bridlewood North, spoke in favor of the proposed ordinance and regarding maintenance of proposed landscaping. Mr. Larry Cole, 6420 Remington Park, applicant, spoke regarding current zoning, site plan, lot size and density. Councilman Hendler moved to suspend the rules to allow citizens to speak. Councilman Ayers seconded the motion. 5 CITY COUNCIL MEETING OCTOBER 7, 2003 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mr. Mark Crenshaw 504 Bridlewood North, spoke regarding the landscaping buffer. Discussion continued regarding the common area. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1425 - Approval of a Zoning Change from R20 to RE on 10.943 acres located at the north end of Cedar Court and Jo Will Court, Case Z-02-021 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1425. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Jim Dooey of JDJR Engineers, representing the applicant, spoke regarding the lot size and was present to answer questions of the Council. The Council unanimously agreed to suspend the rules to allow citizens to speak. Mr. Mr. Tom LaHoda, 7401 Jo Will, spoke regarding drainage, history of project development and a FEMA study. Discussion ensued regarding drainage design and FEMA's guidelines for a conditional letter of map provision, platting and future activity on the property. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1426 - Approval of a Zoning Change from R40 and R20 to R30 on 9.56 acres located at 2113 Glade Road and 4800 Bill Simmons Road, Case Z-03-023 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1426. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1427 - Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood Villas 6 CITY COUNCIL MEETING OCTOBER 7, 2003 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1427. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Director Barry LeBaron provided an overview of road impact fees. 10. READING AND PUBLIC HEARING - Resolution R-03-2228 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2228 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations for Place 5. Councilman Skinner nominated Mark Jones. Councilman Dolan nominated David Dudziak. Mayor Hocutt called for the vote. Mark Jones: David Dudziak: Councilman Skinner and Mayor Pro Tem Tigue Councilpersons Dolan, Hendler and Ayers Mayor Hocutt declared David Dudziak appointed to Place 5. Mayor Hocutt opened the floor for nominations for Place 6. Councilman Skinner nominated Tom Hart. There were no other nominations and Mayor Hocutt declared Tom Hart appointed to Place 6. Mayor Hocutt opened the floor for nominations for Place 7. Councilman Skinner nominated Luann Edwards. Mayor Pro Tem Tigue nominated Mr. Jones Mayor Hocutt nominated Michael Brady. 7 CITY COUNCIL MEETING OCTOBER 7, 2003 There were no other nominations and Mayor Hocutt called for the voted. Luann Edwards: Mark Jones: Council persons Skinner, Ayers, Dolan and Hendler Mayor Pro Tem Tigue Mayor Hocutt declared Luann Edwards appointed to Place 7. Councilman Hendler moved to approved Resolution R-03-2228. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue 11. READING AND PUBLIC HEARING - Resolution R-03-2229 - Consideration of appointments to Zoning Board of Adjustment Mayor Hocutt opened the public hearing and read Resolution R-03-2229 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations for Place 4. Councilman Skinner nominated Dee McNosky. There were no other nominations and Mayor Hocutt declared Dee McNosky appointed to Place 4. Mayor Hocutt opened the floor for nominations for Place 5. Councilman Skinner nominated Larry Henry. Councilman Hendler nominated Ed Moore. Mayor Hocutt called for the vote. Larry Henry: Ed Moore: Councilpersons Skinner, Dolan and Mayor Pro Tem Tigue Council persons Hendler and Ayers Mayor Hocutt declared Larry Henry appointed to Place 5. Mayor Hocutt called for nominations for Alternate 1. 8 CITY COUNCIL MEETING OCTOBER 7, 2003 Mayor Hocutt nominated Ed Moore. There were no other nominations and Mayor Hocutt declared Ed Moore appointed as Alternate 1. Mayor Pro Tem Tigue moved to approve Resolution R-03-2229. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-03-2230 - Consideration of appointments to the Colleyville Economic Development Corporation Mayor Hocutt opened the public hearing and read Resolution R-03-2230 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations for the first position. Councilman Skinner nominated Lee Skaalrud. There were no other nominations and Mayor Hocutt declared Lee Skallrud appointed the Colleyville Economic Development Corporation. Mayor Hocutt opened the floor for nominations for the second position. Councilman Ayers nominated Donna O'Brien. There were no other nominations and Mayor Hocutt declared Donna O'Brien appointed to the Colleyville Economic Development Corporation. Mayor Hocutt opened the floor for nominations for the third position. Mayor Pro Tem Tigue nominated Janice Cole. Councilman Dolan nominated Richard Newton. Mayor Hocutt called for the vote. 9 CITY COUNCIL MEETING OCTOBER 7, 2003 Janice Cole: Richard Newton: Councilman Skinner and Mayor Pro Tem Tigue Councilman Dolan, Ayers and Hendler Mayor Hocutt declared Richard Newton appointed to the Colleyville Economic Development Corporation. Councilman Dolan moved to approve Resolution R-03-2230, with the amendment to Sec. 1: term expiring September "2005". Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-03-2231 - Consideration of appointment of an at-large member and City Council member to the Metroport Teen Court Advisory Board Mayor Hocutt opened the public hearing and read Resolution R-03-2231 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations. Mayor Hocutt nominated Linda Eilenfeldt. There were no other nominations and Mayor Hocutt declared Linda Eilenfeldt appointed to the Metroport Advisory Teen Court Board Councilman Ayers moved to approve Resolution R-03-2231, with the amendment that the Councilperson's term on the Metroport Teen Court Advisory Board runs concurrent with the Councilperson's term and appoint Councilman Hendler as the Council representative. Councilman Ayers withdrew his motion. Councilman Ayers moved to appoint Councilman Hendler as the Councilmember representative. City Attorney Ross Foster suggested the Resolution be amended to add "serve as the Councilmember representative for a term ending September 2004 or until the Councilmember's term expires". 10 CITY COUNCIL MEETING OCTOBER 7, 2003 Council persons Ayers and Dolan withdrew the motion and second. Discussion ensued regarding the Councilmember's term on the Metroport Teen Court Advisory Board. Mayor ProTem Tigue moved to approve Resolution R-03-2231 with the amendment to add to the end of Sec. 2: "or until the Councilmember's term expires". Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Councilman Ayers nominated Councilman Hendler. There were no other nominations and Mayor Hocutt declared Councilman Hendler appointed to the Metroport Teen Court Advisory Board. Councilman Ayers moved to approve Resolution R-03-2231. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-03-2232 - Consideration of appointment to the Historical Preservation Committee to fill an unexpired term Mayor Hocutt opened the public hearing and read Resolution R-03-2232 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt nominated Tommy Taylor. There were no other nominations and Mayor Hocutt called for the vote. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None 11 CITY COUNCIL MEETING OCTOBER 7,2003 Mayor Hocutt declared Mr. Taylor appointed to the Historical Preservation Committee and declared the motion carried. Mayor Hocutt recessed the meeting at 9:45 p.m. and reconvened at 10:00 p.m. 15. READING AND PUBLIC HEARING - Resolution R-03-2233 - Approval of the Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition and southwest of John McCain Road, Case P-03-019 Mayor Hocutt opened the public hearing and read Resolution R-03-2233 in its entirety. Mayor Hocutt stated that he resides in the Hills of Monticello which is adjacent to this property and requested an opinion from the City Attorney on whether he should recuse himself from this discussion. City Attorney Ross Foster stated that "the test to determine whether or not you are required to recuse yourself is whether or not it is reasonably foreseeable that an action on this item would have a special economic effect on your property different from that on the public in general, and based on my understanding on where you live in relationship to this property, I don't see how that could possibly be true". Ms. Beth Battles, 101 John McCain spoke in opposition to the proposed resolution and regarding the plat and right of way. Mr. Grady Walker, 7309 John McCain, spoke regarding traffic issues and drainage and requested that this item be tabled. Ms. Carol Parker, 103 and 105 West John McCain Road, spoke in opposition to the proposed resolution and regarding the right of the developer to use private property for ingress and egress. Mr. Ben Jones, 104 John McCain Road, spoke in opposition to the proposed Resolution and regarding drainage and right of way. Ms. Roxanne Jones, 104 John McCain Road spoke in opposition to the proposed Resolution and regarding drainage and right of way. Mr. Robert Jackson, 300 John McCain Road, spoke regarding drainage. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke regarding storm water control, road alignment, traffic flow and requested that this item be tabled to allow additional study. Councilman Hendler moved to suspend the rules to allow citizens to speak. 12 CITY COUNCIL MEETING OCTOBER 7, 2003 Councilman Skinner seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Ms. Carol Parker, 103 and 105 West John McCain Road spoke regarding access to property. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. David Bagwell, 8222 Douglas, Dallas, spoke regarding the preliminary and final plat and tree preservation. Mr. Eddie Eckart representing the applicant, spoke regarding road construction, dedication of right of way, egress and ingress from the development, prescriptive easement and reconfiguration of John McCain Road. Mayor Pro Tem Tigue moved to deny Resolution R-03-2233 without prejudice. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-03-2234 - Approval of the Preliminary Plat of McCrary Estates, 6.6072 acres located in the 5800 block of Bransford Road on the west side of the street, Case P-03-025 Mayor Hocutt opened the public hearing and read Resolution R-03-2234 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Tom Pritchett, 3017 Westminster, applicant, was present to answer questions of the Council. Discussion ensued regarding zoning. 13 CITY COUNCIL MEETING OCTOBER 7,2003 Councilman Skinner moved to approve Resolution R-03-2234. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. In accordance with Council's Rules and Procedures, which state that "the Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered", Mayor Hocutt called for a vote on whether to continue the Council meeting past midnight and Council voted unanimously to continue the meeting. 17. READING AND PUBLIC HEARING - Resolution R-03-2235 - Approval to purchase sixteen portable radios from Motorola, through Houston Galveston Area Council (HGAC) purchasing cooperative, in the amount of $56,280.76 Mayor Hocutt opened the public hearing and read Resolution R-03-2235 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2235. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-03-2236 - Authorization to execute an Electric Supply Agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc., for deliveries of electricity effective January 1, 2004 Mayor Hocutt opened the public hearing and read Resolution R-03-2236 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 14 CITY COUNCIL MEETING OCTOBER 7,2003 Mayor Pro Tem Tigue moved to approve Resolution R-03-2236. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-03-2237 - Approval of establishing the allowed uses of the Voluntary Library Fund Mayor Hocutt opened the public hearing and read Resolution R-03-2237 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2237. Councilman Dolan seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-03-2238 - Approval to rescind Item 3e of Resolution R-03-2222 and approve the purchase of 50 HP/Compaq computers, in an amount not to exceed $43,982, and the purchase of 50 Microsoft Office Pro 2003 Win32 English Licenses, in an amount not to exceed $15,350 Mayor Hocutt opened the public hearing and read Resolution R-03-2238 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding Dell computers and cost of software installation. Councilman Ayers moved to suspend the rules to allow citizens to speak. Councilman Dolan seconded the motion. 15 CITY COUNCIL MEETING OCTOBER 7,2003 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mr. Grady Walker, 7309 John McCain Road, spoke regarding software installation. Councilman Ayers moved to approve Resolution R-03-2238. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 21. READING AND PUBLIC HEARING - Resolution R-03-2239 - Approval of Addendum No. 1 to Interlocal Agreement for the Northeast Transportation Services Urban Transit District Mayor Hocutt opened the public hearing and read Resolution R-03-2239 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2239. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 22. STAFF REPORTS: IESI ANNUAL CONTRACT REVIEW There was no action taken on this item. 16 CITY COUNCIL MEETING OCTOBER 7,2003 REPORTS: 23. COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES -August 11, 2003 HISTORICAL PRESERVATION COMMITTEE MINUTES - August 12, 2003 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MINUTES - September 9,2003 There was no action taken on this item. CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no action taken on this item. ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 7, 2003 - Reading and Public Hearing - Resolution R-03-2240 This item was not needed. ADJOURNMENT: 26. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 12:14 a.m. APPROVED THIS oV s!"' DAY OF ~tuJ 2003, BY A VOTE OF S- AYES, 0 NAYS AND 0 ABSTENTIONS. 17 CITY COUNCIL MEETING OCTOBER 7,2003 Minutes taken and prepared by: ~~~~ Cynthia Singleton, TRMC City Secretary 18