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HomeMy WebLinkAboutCity Council-Minutes-11/4/2003 city of ~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD NOVEMBER 4, 2003 5:15 P.M. - PRE-COUNCIL AGENDA 6:30 P.M. - METROPORT TEEN COURT ADVISORY BOARD APPLICANT INTERVIEW PC-1. Discussion of draft proposal by Grady Walker to the Capital Recovery Fee Ordinance for secondary meters for irrigation purposes, G-03-036 PC-2. Discussion of Conversion of Financial Statements to GASB 34 basis PC-3. Discussion of the November 4, 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 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Sister Theresa Khirallah, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS RECOGNITION In recognition of the Colleyville Soccer Association for the donation of $54,494 for soccer field lighting - John Grace, President, Colleyville Soccer Association PROCLAMATION - In recognition of November 8, 2003, as World Town Planning Day in the City of Colleyville - Jeff Wall, Chairman Planning and Zoning Commission CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2250 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 21, 2003 b. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 15, 2003 c. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 22, 2003 d. Approval of the disposal of surplus vehicles and equipment e. Approval of setting asset capitalization threshold at $5,000 for GASB 34 basis PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1428 - Approval of an amendment to Chapter 7 - Sign Regulations of the Colleyville Land Development Code, Case G-03-010 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1429 - Amending Ordinance 0-92-880 setting fees and charges for Real Estate Open House signs 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1430 - Amending Section 2 of Ordinance 0-03-1417 to authorize the expenditure of up to $43,500 of unappropriated fund balance for reimbursement of the Voluntary Park Fund for the purchase of a reel mower and paint striping of park facilities 7. READING AND PUBLIC HEARING - Resolution R-03-2251 - Approval of a waiver of perimeter street improvement requirements for 9.56 acres out of the Simon Cotrail Survey, Abstract 328, located at 2113 Glade Road and 4800 Bill Simmons Road 8. READING AND PUBLIC HEARING - Resolution R-03-2252 - Consideration of appointment to the Metroport Teen Court Advisory Board 9. READING AND PUBLIC HEARING - Resolution R-03-2253 - To override the Mayor's veto of Resolution R-03-2244, appointing members to the Planning and Zoning Commission 10. READING AND PUBLIC HEARING - Resolution R-03-2254 - To override the Mayor's veto of Resolution R-03-2245, appointing members to the Colleyville Economic Development Corporation Board of Directors 11. READING AND PUBLIC HEARING - Resolution R-03-2255 - Consideration of appointments to the Planning and Zoning Commission 12. READING AND PUBLIC HEARING - Resolution R-03-2256 - Consideration of appointments to the Colleyville Economic Development Corporation Board of Directors 13. READING AND PUBLIC HEARING - Resolution R-03-2257 - Approval of a waiver from the water well drilling requirements requested by D.R. Horton Homes for Riverwalk at Colleyville, Case G-03-034 14. READING AND PUBLIC HEARING - Resolution R-03-2258 - Approval of a Final Plat of Emerson Estates (formerly Old Grove and Parker Place), 45.459 acres located west of the Westmont Addition, southwest of John McCain Road, Case P-03-019 TABLED ITEM: 15. CONSIDERATION OF ORDINANCE 0-03-1427 - Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood Villas REPORTS: 16. HISTORICAL PRESERVATION COMMITTEE MINUTES - September 9,2003 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2003 - Reading and Public Hearing - Resolution R-03-2259 ADJOURNMENT: 19. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, October 31, 2003, at 5:00 p.m. ~ Cynthia Singleton, TRM 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. CITY COUNCIL MEETING 5400 BRANSFORD ROAD NOVEMBER 4, 2003 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 4, 2003, at 5: 19 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Jon Ayers 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 Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Manager Kelly Howell, 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. Mayor Pro Tem Ginny Tigue arrived at 5:21 p.m. PC-1. Discussion of draft proposal by Grady Walker to the Capital Recovery Fee Ordinance for secondary meters for irrigation purposes, G-03-036 City Manager Bill Lindley provided an overview of the draft proposal to the Capital Recovery Fee Ordinance for secondary meters for irrigation purposes submitted by Grady Walker. Discussion ensued regarding water usage, future water needs, water and sewer fund and the capital recovery fee. Mr. Grady Walker presented additional information regarding impact fees, secondary meters for irrigation meters and was present to answer questions of the Council. Council requested that staff forward the proposed ordinance to the Capital Improvement Committee for their review and recommendation. Mayor Hocutt requested that staff provide conservation measures and fee structures of surrounding cities. CITY COUNCIL MINUTES NOVEMBER 4, 2003 PC-2. Discussion of Conversion of Financial Statements to GASB 34 basis Finance Director Terry Leake provided a GASB 34 update. PC-3. Discussion of the November 4, 2003, City Council regular agenda items There was general discussion of the November 4, 2003, City Council regular agenda items. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 4, 2003, at 6:49 p.m. 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, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Manager Kelly Howell, Parks and Recreation Director Monica Walsh, CirculationfTechnical 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. 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 6:50 p.m. and reconvened at 7:34p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Community 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 2 CITY COUNCIL MINUTES NOVEMBER 4, 2003 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Hendler congratulated Councilman Skinner on his recent marriage. Mayor Hocutt recognized the Colleyville Soccer Association for a donation of $54,494 for soccer field lighting. Mr. Grace expressed appreciation to the Soccer Association volunteers and participants for their support. Mayor Hocutt presented a Proclamation to Jeff Wall in recognition of World Town Planning Day in the City of Colleyville. Mr. Wall recognized and expressed appreciation of Professional Planning staff Barry LeBaron and Clayton Husband. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2250 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 21, 2003 b. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 15, 2003 c. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 22,2003 d. Approval of the disposal of surplus vehicles and equipment e. Approval of setting asset capitalization threshold at $5,000 for GASB 34 basis Mayor Hocutt opened the public hearing and read Resolution R-03-2250 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2250. Mayor Pro Tem Tigue seconded the motion. 3 CITY COUNCIL MINUTES NOVEMBER 4, 2003 Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1428 - Approval of an amendment to Chapter 7 - Sign Regulations of the Colleyville Land Development Code, Case G-03-01 0 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1428. Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding signage placed in the public right of way. Mr. Steve Knight, 3917 Felps Court, spoke regarding enforcement of sign regulations and signs placed in the right of way. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding bandit signs. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1429 - Amending Ordinance 0-92-880 setting fees and charges for Real Estate Open House signs Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1429. Ms. Barbara Alsworth, 2008 Plaza Drive, spoke in favor of the proposed ordinance and regarding the annual permit fee. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1430 - Amending Section 2 of Ordinance 0-03-1417 to authorize the expenditure of up to $43,500 of unappropriated fund balance for reimbursement of the Voluntary Park Fund for the purchase of a reel mower and paint striping of park facilities Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1430. 4 CITY COUNCIL MINUTES NOVEMBER 4, 2003 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 7. READING AND PUBLIC HEARING - Resolution R-03-2251 - Approval of a waiver of perimeter street improvement requirements for 9.56 acres out of the Simon Cotrail Survey, Abstract 328, located at 2113 Glade Road and 4800 Bill Simmons Road Mayor Hocutt opened the public hearing and read Resolution R-03-2251 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of street perimeter fees and roadway impact fees. Mayor Pro Tem Tigue moved to deny Resolution R-03-2251. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-03-2252 - Consideration of appointment to the Metroport Teen Court Advisory Board Mayor Hocutt opened the public hearing and read Resolution R-03-2252 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to approve Resolution R-03-2252. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 5 CITY COUNCIL MINUTES NOVEMBER 4, 2003 9. READING AND PUBLIC HEARING - Resolution R-03-2253 - To override the Mayor's veto of Resolution R-03-2244, appointing members to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2253 in its entirety. Mr. David Fink, 6400 Ponderosa Lane, spoke in favor of the proposed Resolution and regarding reasons for the veto. Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to the proposed Resolution and regarding the duties of the Mayor, City Manager and City Attorney. Mr. Clif Holliday, 2712 Meadowview Drive, spoke in favor of the proposed Resolution. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed Resolution. Mr. Victor Dupuy, 6807 Fallbrook Court, spoke regarding the Council working together, the City's image and the economic health of the City. Ms. Becky Davis, 4107 Paddington Lane, spoke in opposition to the proposed Resolution. Mr. William Dennis, 4600 Shady Creek Lane, spoke in opposition to the proposed Resolution and regarding the image of the City, City politics and re-opening the application period for the Planning and Zoning Commission. Mr. Earl Swift, 207 Virginia Square, spoke regarding Council reaching an equitable agreement for the City. Mr. Steve Knight, 3917 Felps Court, spoke in opposition to the proposed resolution, regarding past City politics and the current city leadership. Mr. Grady Walker, 7309 John McCain Road, spoke regarding the accomplishments of the Council and board appointments. Mr. Dave Dudziak, 2301 Wilkes Court, spoke in favor of the proposed Resolution and regarding the scope of the Planning and Zoning Commission and desire to serve on the Planning and Zoning Commission. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution. Mr. Josh Coleman, 7204 John McCain, spoke in opposition to the proposed Resolution and regarding citizen comments. 6 CITY COUNCIL MINUTES NOVEMBER 4, 2003 There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. The public hearing was reopened by acclamation of the Council. Ms. Beth Battles, 101 John McCain Road, spoke in opposition to the proposed Resolution. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in opposition to the proposed Resolution. Mayor Hocutt asked City Attorney Ross Foster, "Can the City Council make appointments other than by Ordinance or Resolution?" City Attorney Ross Foster stated, "No, the Charter provides that all action by the City that is not taken by Ordinance shall be taken by Resolution; so, assuming that the appointment of these individuals is an official action of the City; the Charter only allows it to be done by either ordinance or resolution ". Mayor Hocutt asked City Attorney Ross Foster, 'What authority does the Mayor have to veto the appointments the City Council made appointments pursuant to the adopted Rules of Procedure?" City Attorney Ross Foster stated, "As I stated, the Resolution is required to appoint the individuals, the Charter gives the Mayor the right to veto those resolutions; that is the way the Mayor votes and if the Rules of Procedure are construed to be inconsistent with the Charter, those rules would be invalid to that extent", Mayor Hocutt asked City Attorney Ross Foster, "How does the Mayor have the authority to veto an appointment when Section 7.3d of Resolution R-90-612 states, the nominees receiving the majority of the votes is declared the winner and will be appointed to fill the vacant position?" City Attorney Ross Foster stated, "It is the same answer I just gave you. Again, the position is filled by the passage of a Resolution. The Mayor has a right to veto a Resolution. If the Rules of Procedure are construed too allow the appointment in some manner other than Resolution, they are inconsistent with the Charter and invalid". Mayor Hocutt read the letter sent to Council members and the City Secretary regarding the veto of Resolution R-03-2244. Mayor Hocutt spoke regarding new appointments to boards, commissions and committees, compromise and the provisions for a Mayor's vote. Mayor Pro Tem Tigue spoke regarding compromise and re-opening the application process. 7 CITY COUNCIL MINUTES NOVEMBER 4, 2003 Mayor Pro Tem Tigue moved to deny Resolution R-03-2253. Councilman Skinner seconded the motion. Discussion ensued regarding the appointment process, Planning and Zoning Commission and Colleyville Economic Development Board appointments, and characterization of the Council. Councilman Skinner spoke regarding compromise, appointments acceptable to all Councilmembers and moving forward. Ayes: Councilpersons Skinner and Mayor Pro Tem Tigue Nays: Council persons Ayers, Dolan and Hendler Mayor Hocutt declared the motion denied. Councilman Ayers moved to approve Resolution R-03-2253. Councilman Dolan seconded the motion. Ayes: Councilman Ayers, Dolan and Hendler Nays: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared that Resolution R-03-2253 requires four votes for approval; therefore, Resolution R-03-2253 is denied. 10. READING AND PUBLIC HEARING - Resolution R-03-2254 - To override the Mayor's veto of Resolution R-03-2245, appointing members to the Colleyville Economic Development Corporation Board of Directors Mayor Hocutt opened the public hearing and read Resolution R-03-2254 in its entirety. Mr. Cliff Holliday, 2712 Meadowview Drive, spoke in favor of the proposed Resolution and election results. Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to the proposed resolution. Mr. Josh Coleman, 7204 John McCain, spoke in opposition to the proposed Resolution. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in opposition to the proposed Resolution. 8 CITY COUNCIL MINUTES NOVEMBER 4, 2003 Mr. Steve Knight, 3917 Felps Court, spoke regarding Colleyville Economic Development Corporation appointments and in opposition to the proposed Resolution. Mr. Richard Newton, 6107 Lansford Lane, spoke regarding past service to the City, City election results and in favor of the proposed Resolution. Mr. David Fink, 6400 Ponderosa Lane, spoke in favor of the proposed Resolution and regarding process for appointments. Ms. Kathy Hadler, 204 Timberline North, spoke regarding Councilman Ayers lack of support of the Mayor's veto. Councilman Ayers spoke regarding the campaign and appointment process and Council relationships. Councilman Dolan moved to suspend the rules to allow citizens to speak. Councilman Skinner seconded the motion. Mr. Ed Baker, 6106 Highland Hills, quoted Emerson, "What you do when you don't have to, determines what you will be when you no longer can help it". There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan spoke regarding the process for appointments. Councilman Dolan moved to approve Resolution R-03-2254. Councilman Hendler seconded the motion. Mayor Hocutt spoke regarding the process for appointments, reopening the application period for the Planning and Zoning Commission and Colleyville Economic Development Corporation appointments. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Council persons Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared that Resolution R-03-2254 requires four votes for approval; therefore, Resolution R-03-2254 is denied. 11. READING AND PUBLIC HEARING - Resolution R-03-2255 - Consideration of appointments to the Planning and Zoning Commission 9 CITY COUNCIL MINUTES NOVEMBER 4, 2003 Mayor Hocutt opened the public hearing and read Resolution R-03-2255 in its entirety. Mr. David Fink, 6400 Ponderosa Lane, spoke regarding individuals applying for Planning and Zoning Commission, criteria for choosing individuals to serve and traffic issues. Mr. Rich Munson, 1905 Hall Johnson, spoke regarding the construction of Hall Johnson and re-advertising of positions for the Planning and Zoning Commission. There were no others 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 Ayers presented a procedural change to divide the question and create three separate resolutions, Resolution R-03-2255A for Place 5, Resolution R-03-2255B for Place 6 and Resolution R-03-2255C for Place 7. Councilman Dolan agreed with the suggestion to divide the resolution. Discussion ensued regarding the appointment process and considering each applicant separately. Councilman Dolan called the question. Councilman Dolan withdrew calling the question. Mayor Hocutt spoke regarding reopening the application period, the creation of three separate resolutions and considering each applicant separate. Councilman Dolan called the question. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the procedure change approved. Mayor Hocutt called for nominations for Place 5. Councilman Dolan nominated David Dudziak. Mayor Hocutt nominated Michael Brady. 10 CITY COUNCIL MINUTES NOVEMBER 4, 2003 Councilman Skinner stated, for the record, that during the interview process, Mr. Dudziak was asked specifically if he would commit to a two year term on this board. The answer was an unequivocal, I do not know, I cannot commit to that. That is my reason for not wanting to support him. If we cannot get people to step up to the line and make a commitment for a two year process without possibly having some other political agenda behind it, how can we support that, how can we get through this process. Discussion ensued regarding Mr. Dudziak's future commitment to the Planning and Zoning Commission. Mayor Hocutt called for the vote. David Dudziak: Michael Brady: Councilpersons Dolan, Hendler and Ayers Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared David Dudziak appointed to Place 5 on Resolution R-03-2255A. Mayor Hocutt opened the floor for nominations for Place 6. Councilman Hendler nominated Tom Hart. Mayor Pro Tem Tigue nominated Mark Jones. Tom Hart: Council persons Skinner, Dolan and Hendler Mark Jones: Mayor Pro Tem Ginny Tigue Mayor Hocutt declared Tom Hart appointed to Place 6 on Resolution R-03-2255B. Mayor Hocutt opened the floor for nominations for Place 7. Mayor Pro Tem Tigue nominated Mark Jones. Councilman Hendler nominated Luann Edwards. Mayor Hocutt called for the vote. Mark Jones: Councilman Skinner and Mayor Pro Tem Tigue Luann Edwards: Councilpersons Dolan, Hendler and Ayers Mayor Hocutt declared Luann Edwards appointed to Place 7 on Resolution R-03- 2255C. 11 CITY COUNCIL MINUTES NOVEMBER 4, 2003 12. READING AND PUBLIC HEARING - Resolution R-03-2256 - Consideration of appointments to the Colleyville Economic Development Corporation Board of Directors Mayor Hocutt opened the public hearing and read Resolution R-03-2256 in its entirety. Mr. Rich Munson, spoke regarding the appointment process. Ms. Janice Cole, 103 Van Buren Court, spoke regarding the election of Councilman Ayers, past service to the City and Ms. Cole withdrew her Application for Appointment for the Colleyville Economic Development Corporation. Mr. Joe Tigue, 4415 Meandering Way, spoke regarding the appointment process and re-advertising the open positions. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to pass over Resolution R-03-2256 and requested that staff reopen the application period for the Colleyville Economic Development Corporation Board openings. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Ayers, Skinner, Hendler and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Hocutt declared the motion approved. Mayor Hocutt recessed the meeting at 10:15 p.m. and reconvened at 10:31 p.m. 13. READING AND PUBLIC HEARING - Resolution R-03-2257 - Approval of a waiver from the water well drilling requirements requested by DR Horton Homes for Riverwalk at Colleyville, Case G-03-034 Mayor Hocutt opened the public hearing and read Resolution R-03-2257 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Don Allen, 4500 Mercantile Plaza Drive, Suite 104, Fort Worth, Texas, representing D.R. Horton Homes, applicant, spoke regarding the proposed well and the impact of the well on City wells and was present to answer questions of the Council. 12 CITY COUNCIL MINUTES NOVEMBER 4, 2003 Discussion ensued regarding the use of the City well, the impact of the private well on the City well and potential installation of fountains. City Manager Bill Lindley recommended that the private well not be drilled more than two hundred fifty feet in depth and the fountains be installed prior to the drilling of the wells. City Attorney Foster stated that the drilling of the wells should be conditioned upon the installation of the fountains. Mayor Pro Tem Tigue moved to approve Resolution R-03-2257, with the amendment that the depth of the private well will be no more than 250 feet in depth, and the final electrical release will be conditioned upon two fountains being installed. Councilman Hendler 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-03-2258 - Approval of a Final Plat of Emerson Estates (formerly Old Grove and Parker Place), 45.459 acres located west of the Westmont Addition, southwest of John McCain Road, Case P-03-019 Mayor Hocutt opened the public hearing and read Resolution R-03-2258 in its entirety. Mr. Carl Parker, 105 John McCain Road, spoke regarding the John McCain intersection and City Development Codes and the entrance to Emerson Estates. Mr. Robert Jackson, 300 John McCain Road, spoke regarding the storm drainage plan and tree preservation. Ms. Beth Battles, spoke regarding right of way issues, the T intersection and the traffic flow. Mr. Josh Coleman, 7204 John McCain, spoke in opposition to the proposed resolution and regarding right of way issues, the intersection and drainage. Mr. Grady Walker, 7309 John McCain Road, spoke in opposition to the proposed Resolution. 13 CITY COUNCIL MINUTES NOVEMBER 4, 2003 There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Staff provided information regarding a flood plain, flood way, detention ponds and drainage. Mr. Eddie Eckert, Goodwin and Marshall Engineering, 6000 Bridge Street, representing the applicant, spoke regarding access easement. Mr. Josh Imhoff, Carrington and Coleman Attorneys, Dallas, Texas, spoke regarding providing an executed and notarized easement conditioned upon approval of the plat. Discussion ensued regarding a FEMA study, flow of water, down stream drainage, potential flooding, right-of-way, design of intersection and tree preservation. City Manager Bill Lindley requested that the developer notify staff of any communication with City Council. City Attorney Ross Foster requested a metes and bounds description from Mr. Imhoff. Councilman Dolan moved to approve Resolution R-03-2258, conditioned upon approval of the easement by the City Attorney. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding delay of the approval to allow time for additional study. Ayes: Council person Dolan Nays: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Mayor Pro Tem Tigue moved to deny Resolution R-03-2258 without prejudice. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Council requested that the City Attorney Ross Foster review the easement, that the applicant provide additional information and maps related to drainage, intersection designs with options outlining benefits and review the plan for trees based on construction, review right-of-way and obtain citizen input. Mayor Hocutt declared the motion carried. 14 CITY COUNCIL MINUTES NOVEMBER 4, 2003 TABLED ITEM: 15. CONSIDERATION OF ORDINANCE 0-03-1427 - Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood Villas Councilman Ayers moved to continue the meeting past midnight. Councilman Hendler seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue moved to remove Ordinance 0-03-1427 from the table. Councilman Ayers seconded the motion. Mayor Hocutt opened the public hearing. There was no one present wishing to speak. Councilman Ayers moved to approve Ordinance 0-03-1427. 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. REPORTS: 16. HISTORICAL PRESERVATION COMMITTEE MINUTES - September 9,2003 There was no action taken on this item. CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak at this time. 15 CITY COUNCIL MINUTES NOVEMBER 4, 2003 ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2003 _ Reading and Public Hearing - Resolution R-03-2259 This Resolution was not needed. ADJOURNMENT: 19. 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 12:05 a.m. APPROVED THIS /C?~ DAY OF ~~6vtJ2003, BY A VOTE OF S AYES, 0 NAYS AND 0 ABSTENTIONS. M~~repar~bY~ Cynthia Singleton, ~ City Secretary 16